survive and afterwards to inter-marry with any person or persons whatsoever that then from and immediately after the said Marriage as for and concerning one full fifth part in five parts to be divided of all and singular the said Messuages Lands Tenements and Hereditaments with the Appurtenances before hereby specified to be limited and appointed to and for the Joynture of the said F. aforesaid that the Use and Uses Estate and Estates thereof limited to the said F. shall cease determine and be utterly void and that from thenceforth they the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Heirs and Assigns shall stand and be seized of the full fifth part of the said Messuages Lands and Premises from and immediately after the inter-marriage of the said F. to the use and behoof of the said Son of V. W. on the Body of the said F. begotten for and during the term of the natural life of the said F. for her maintenance any thing herein contained to the contrary in any wise notwithstanding Provided also and upon this condition and so it is covenanted granted declared and agreed by and between all and every of the said Parties to these presents and their Heirs and Assigns respectively and it is the true intent and meaning of these presents That it shall and may be lawful to and for the said V. W. at any time hereafter during his natural life from time to time by one or more Indenture or Indentures under his Hand and Seal to lease demise set and to farm-let all and every or any of the said Mannors Messuages Lands Tenements Hereditaments and Premises with the Appurtenances which have been usually set and to farm-letten unto any person or persons whatsoever for the term of three Lives or for any number of years determinable upon one two or three Lives or for the term of One and twenty years or over or under in Possession and not in Reversion so as upon every such Lease and Demise the ancient and accustomed Rent or more or the Rent or the Rents now payable or paid or more over and besides Duties Heriots and Services due and accustomed be thereupon reserved and so as such Rents Duties Heriots and Services upon such Lease and Leases severally reserved shall and may be and continue due and payable unto him her or them respectively and successively unto whom the Reversion and Reversions and Remainder thereof is hereby limited and appointed as aforesaid Provided also and upon this further â—ondition and so it is covenanted and agreed by and between all and every the Parties to these presents That if at any time from and after the death of the said V. W. the said G. W. Son and Heir of the said V. W. or such other person or persons as shall be Heirs at Law of the said V. W. shall and do well and truly satisfie and pay or cause to be satisfied and paid unto the said A. B. J. P. and J. G. and to the Survivor or Survivors of them his and their Heirs Executors Administrators and Assigns if H. A. Son of the said F. be then living the sum of four thousand and five hundred pounds of current c. And if the said H. A. be dead the sum of five thousand pounds of like current money at or in the c. To the end that thereby the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns may be thereby enabled to purchase Lands and Tenements of the value of c. or may employ and dispose of the same for the use benefit and advantage of the Issue of the Body of the said F. lawfully begotten or to be begotten or if the said V. W. or the said Heir at Law as aforesaid or any of them shall at their own proper costs and charges settle convey and assure or cause and procure to be conveyed and assured other Lands Tenements and Hereditaments which shall be of the clear yearly value of Two hundred and fifty pounds per annum above all Charges and Reprizes unto the said A. B. J. P. and J. G. their Heirs and Assigns and to the Survivor and Survivors of them his and their Heirs Executors Administrators and Assigns to the like several uses intents and purposes and upon the like trusts and confidences and under the like Conditions Provisoes Powers and Limitations as are hereby formerly limited and appointed excepting onely the said Messuage Lands and Tenements herein and hereby limited to and for the Joynture of the said F. that then and immediately from and after such payment or settlement as aforesaid the several Uses and Estates herein and hereby limited other than the Estate for life limited to the said F. as aforesaid of for or concerning the said Land and Premises for the use and benefit of the Issue of the Body of the said V. W. on the Body of the said F. lawfully begotten or to be begotten and every of them shall cease determine and be utterly void And the said V. W. for himself his Executors Administrators and Assigns doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs and Assigns and to and with every of them by these presents That for or notwithstanding any act or thing whatsoever heretofore done or suffered by the said V. W. his Heirs or Assigns or hereafter by him them or any of therâ— to be done or suffered to the contrary the said V. W. now is and so at the time when the first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof shall be conveyed and assured to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses aforesaid shall stand and be seized thereof of a good perfect absolute and indefeazible Estate of Inheritance in Fee-simple or Fee-tail without any Reversion or Remainder in the Crown or without any Covenant or use to alter change or determine the same And also that he the said V. W. for and notwithstanding any act or thing whatsoever heretofore done or suffered to the contrary as aforesaid hath and so at the time of the Execution of the said first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof with their and every of their appurtenances to the said A. B. J P. and J. G. their Heirs and Assigns shall have full power good right and lawful authority to grant convey and assure the said Mannors Messuages Lands Advowsons Tenements and Premises with their and every of their appurtenances to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses intents and purposes aforesaid according to the true intent and meaning of these presents And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant promise grant and agree to and with the
or Writing shall be made by the said Edward Lord Herbert as aforesaid for the Joynture of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the same Indenture Deeds and Writings and of these presents And it is hereby declared and agreed by and between the said Parties hereunto that the said sum of 1000 l. herein before mentioned or such less sum as aforesaid to be paid by the said Edward Lord Herbert to the said Richard Eaton as aforesaid shall go and be employed upon the trust herein after following viz. in case the Debts and Sums of Money mentioned in the Schedule hereunto annexed be not then paid then the same or so much thereof as shall be sufficient to pay and satisfie such of the said Debts or Sums of Money mentioned in the said Schedule hereunto annexed as the said Jo. Earl of Bridgewater and Edward Herbert party to these presents or the Survivor of them and his heirs shall think fit shall be disbursed and employed to that purpose and after the said Debts and Sums of Money or such of them as the said Jo. Earl of Bridgewater and Edward Herbert shall think fit shall be paid or satisfied then the surplusage if any be of the said One thousand pounds or such less sum as aforesaid shall be disposed and employed for the purchasing and buying of Lands Tenements and Hereditaments to be setled on the said Edward Herbert party to these presents for and during the term of his natural life and after his decease to the use and behoof of such person and persons and in such manner and form as the said Lands Tenements and Hereditaments in the County of Monmouth herein before limited to the said Richard Herbert party to these presents for his life with remainder over are limited estated and setled Provided alwayes and it is covenanted granted condescended concluded and agreed by and between all the said parties to these presents and the true intent and meaning of them and every of them and of these presents is that if the said Richard Herbert party to these presents or some other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannors Lands Tenements and Hereditaments within the Kingdome of Ireland or any of them their or some of their heirs or assigns or some of them shall not within two years next after the decease of the said Edward Lord Herbert well and truly pay or cause to be paid of the said Edward Herbert Son of the said Edward Lord Herbert if he the said Edward Herbert Son to the said Edward Lord Herbert shall so long live the sum of 2000 l. of c. that then and immediately after such default of payment all and every use and uses herein before limited and declared as for and concerning all and every the Mannors Lands Tenements and Hereditaments within the Kingdom of Ireland shall cease and be void and then also and from henceforth the said recovery and recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their heirs shall stand and be seized of and in all and singular the Mannors Lands Tenements and Hereditaments with their appurtenances within the said Kingdom of Ireland to the use and behoof of the said Edward Herbert Son of the said Edward Lord Herbert his heirs and assigns until he or they shall and may out of the Rents Issues and Profits thereof have fully levied and received the said sum of 2000 l. together with consideration after the rate of 8 l. per centum per annum for the forbearance thereof from the end of the said two years next ensuing the death of the said Edward Lord Herbert and all Damages Costs and Charges which he the said Edward Herbert Son of the said Edward Lord Herbert his Heirs Executors or Administrators shall sustain to be put unto in or about the recovery of the said premises or of the said sum of 2000 l. or any part thereof or in or about any Suit concerning the same Provided also and it is covenanted granted condescended concluded and agreed by and between the said parties to these presents and the true intent and meaning of them and every of them and of these presents is That it shall and may be lawful to and for the said Richard Herbert party to these presents by Indenture or by any Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to declare limit or appoint all or any of the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland to and for the Joynture of any Wife or Wives which he the said Richard Herbert shall hereafter happen to marry or to take to Wife for and during the natural life or lives of such Wife or Wives or for any number or term of years determinable upon her or their life or lives the same to take effect upon the decease of the said Edward Lord Herbert and Richard Herbert and the Survivor of them to be subject to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and then and from thenceforth the said recovery and recoveries shall be and enure and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland with the rights members and appurtenances thereof or of or in or so much or such part thereof for or concerning which such Indenture Deed or Writing shall be made by the said Richard Herbert as aforesaid for the life of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the said Indenture Deeds or Writings and of these presents subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is nevertheless covenanted concluded condescended and agreed by and between the said Parties to these presents that it shall and may be lawful to and for the said Richard Herbert party to these presents at all or any time or times hereafter during his natural life being then actually seized of the immediate estate of Free-hold in possession of or in the said Mannors Lands Tenements Hereditaments and Premises or any of them by virtue or means of the said Recoveries or any of them and of these presents or of any the limitations of uses herein limited to demise or to Farm-let by Indenture
Kingdom of England and the Reversion and Reversions Remainder and Remainders of all and singular the said premises and all Rents and yearly Profits reserved due or payable by or upon any Demise Lease or Grants Demises Leases or Grants made of the said premises or any part thereof and all the estate right title interest claim and demand whatsoever of him the said J. W. of in and to the same premises and every or any part or parcel thereof and also such Deeds Charters c. To have and to hold the said Mannors Messuages Farms Tenements and Rectory and all and singular other the premises before by these presents granted or mentioned meant or intended to be granted with their and every of their appurtenances unto the said A. B. C. D. c. their Heirs and Assigns for ever to the uses intents and purposes hereafter in these presents limited expressed and declared and to none other use intent or purpose that is to say as for touching and concerning the said Mannor Capital Messuage and Farm of Burnet and all Lands Meadows Pastures c. And the said Rectory and Parsonage of Chewion alias Chewton and with the rights members and appurtenances thereof and all and all manner of Tythes of Corn Hay and Wooll and all Obligations Obventions Profits Commodities and Hereditaments whatsoever coming growing yearly renewing or happening in Chewton aforesaid or else-where to the said Rectory or Parsonage belonging or in any wise appertaining and the said Messuage or Tenement c. and the said three Messuages or Tenements c. and all Cellars Sollers Houses c. and the Reversion and Reversions thereof c. and all Rents and Services thereunto belonging or in any wise appertaining to the use and behoof of J. W. and his Assigns for and during the term of the natural life of the said J. W. without impeachment of or for any manner of waste and after the decease of the said J. W. then to the only use and behoof of the said Rachel for and during the term of her natural life for and in the name of her Joynture and in full recompence of her Dower and title of Dower which she the said Rachel shall or may have of or to the Lands Tenements and Hereditaments of the said J. W. and after the decease of the said J. W. and Rachel then to the use and behoof of the Heirs of the body of the said J. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs or Assigns for ever upon this hope trust and confidence nevertheless in them reposed by the said J. W. that they the said A. B. C. D. c. and the Survivors and Survivor of them and his and their Heirs and Assigns and at all times after the ending of the said Estates of the said J. W. and Rachel his wife of and in the said Mannors and Premises to them above-limited make such Grants and Conveyances of the same and dispose distribute and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing by him to be subscribed with his own hand and sealed with his Seal in the presence of three or more Witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare or appoint and for and in default of such nomination or appointment then that the persons trusted and the Survivors and Survivor of them his and their Heirs and Assigns shall convey and assure the said Mannor and Premises to and on the right Heirs of the said J. W. for ever and as for touching and concerning all other the said Messuages Lands Tenements and Premises residue with the appurtenances whereof no use is before by these presents limited or declared to the use and behoof of the said J. W. and of the Heirs of his body lawfully begotten and to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs and Assigns for ever upon the like hope trust and confidence in them reposed that they the said persons trusted and the Survivors and Survivor of them and his and their Heirs and Assigns at all times from and after such time as the said J. W. shall be dead without Heir of his body shall make such Grants and Estates of the said Lands and Premises residue c. or any part or parts thereof and distribute dispose and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing to be by him subscribed with his own hand and sealed in the presence of three or more witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare limit and appoint and for and in default of such nomination or appointment then that the said person or persons trusted and the Survivors or Survivor of them his and their Heirs and Assigns shall convey and assure the same Lands and Premises residue with the appurtenances to and upon the right Heirs of the said J. W. for ever Provided always and it is fully and plainly convenanted concluded and agreed by and between the said Parties to these presents for them their Heirs and Assigns that it shall be lawful to and for the said John W. and that the said J. W. shall have full power and authority from time to time and at all times hereafter at will and pleasure by his Deed or Deeds in writing to demise grant and to farm-let all or any the said Mannor Messuages Lands Tenements and Hereditaments and every or any part or parts thereof as well in possession as in reversion or in possession or in reversion unto any person or persons for one two or three lives or for any number of years whatsoever by and under such Rents Reservations Covenants Conditions Limitations and Agreements as to him shall seem meet or without any Rent Reservation or Condition at his will and pleasure at that when and as often as any such Demise Grant or Lease shall be so made by the said J. W. of the premises or any part or parts thereof the said parties trusted and every of them and the Survivors and Survivor of them and every of them and his and their Heirs and Assigns shall stand and be seized of such part parts and parcels of the said Mannor Messuages Farms Tenements Rectory and Premises as shall be so demised leased or granted immediately from and after every such Demise Lease or Grant made to the use and behoof of every such person and persons to whom any such Lease Demise or Grant shall be so made and
the one part and E.F. and G.H. of the other part witnesseth That whereas the said A.B. and C.D. by their Indenture bearing date c. made between the said A. B. and C. D. of the one part and the said E.F. and G.H. of the other part did bargain and sell unto the said E.F. and G.H. their Executors Administrators and Assigns all that c. To have and to hold all and singular the said Mannor Messuages Lands c. unto the said E. F and G H. their Executors Administrators and Assigns from the Feast of St. Michael the Arch-Angel last past before the date of the said recited Indenture unto the full end and term of one whole year from thence next ensuing and fully to be compleat and ended yielding and paying therefore unto the said A.B. and C.D. their Heirs and Assigns the Rent or Sum of 5 s. of lawful money of England on the Feast day of the Nativity of St. John Baptist now next ensuing as by the said Indenture may more better appear by vertue whereof and of the Statute for transferring of uses into possession the said E.F. and G.H. were and yet are possessed of the said Mannors Lands Tenements and Hereditaments with all and singular the Premisses with their Appurtenances Now this Indenture further witnesseth That the said A.B. for divers good causes and considerations him thereunto moving and that the said C.D. by expresse direction and appointment of the said A. B. hereby testified have granted released and confirmed and by these presents do grant release and confirm unto the said E.F. and C.H. their Heirs and Assigns all and singular the said Mannors Messuages Lands Tenements Mills Herediments and Premisses before in these presents particularly mentioned or which in and by the said recited Indenture were bargained and sold or meant mentioned or intended to be hereby bargained and sold to them the said E.F. and G.H. as aforesaid with all and every of the Appurtenances together with the said Rent of 5 s. hereby reserved and the reversion and reversions remainder and remainders of all and singular the said Mannors Messuages Lands and Premisses and every of them and every part and parcel thereof and all their and either of their estates right title interest use possession reversions remainders claim and demand whatsoever of in and to the said Mannor Messuages Mills and Premisses and every of them and every part and parcel of them To have and to hold all and singular the said Mannor c. and every of them with all their and every of their appurtenances unto the said E. F. and G. H. their Heirs or Assigns to the several uses intents and purposes hereafter in these presents mentioned that is to say to the use and behoof of the said A.B. during his natural life without impeachment of any waste and with liberty and power to commit any waste and after his decease to the use and behoof of J. B. now Wife of the said A. B. And the said E. F. G. H. and C. D. their Heirs and Assigns for ever upon special trust and confidence that they the said J.B. E.F. and G.H. or the Survivor or Survivors of them and their Heirs shall and will make sale of all the said Lands and Premisses to the best advantage and to dispose of all such Sum and Summes of Money which shall be raised hereby in such manner and to such purposes as the said A.B. shall in his life-time by any writing to be by him subscribed and sealed in the presence of two credible witnesses or more by his last Will and Testament in writing declare or appoint Provided alwayes and it is hereby agreed by and between all the parties to these presents and by them declared to be their true intent and meaning that it shall and may be lawful to and for the said A B. at any time or times during his natural life to make any demise lease or grant demises leases or grants by Indenture or Indentures of all or any part of the said Mannor Messuages c. either in possession or reversion or otherwise to any persons whatsoever or for any term or terms of years or for the life or lives of any one or more person and persons or for any term or terms of years determinable upon the death of any one or more person or persons or for any other term or terms whatsoever with or without any Rent or otherwise howsoever as by the said A.B. shall be thought fit and convenient and that from and immediately after the making of such demise lease or grant demises leases or grants the said E.F. and G H. and their Heirs during the life of the said A.B. and after his death they the said J.A. E.F. G.H. and C.D. and the Survivor or Survivors of them and their heirs shall stand and be seized of such part or so much of the said Mannor Messuages Lands Tenements and Premisses as shall be at any time or times hereafter leased or demised as aforesaid to the use of such person or persons respectively to whom the same or any such demise lease or grant shall be so made of such estate term and interest and in such manner and form as the same shall so happen to be leased or demised according to the true meaning of these presents and of every such demise and lease so that such lessees or grantees during his or their several lease or leases grant or grants or interests do pay or cause to be paid the Rents or Sums of money reserved or appointed to be paid and expressed in and by the Indenture of his or their said lease or grant to such person or persons to whom the same from time to time shall by the purport and true meaning of these presents belong or appertain according to the purport and true meaning of the same leases any thing before in these presents contained to the contrary thereof in any wise notwithstanding Provided also and it is further agreed by and between all the parties to these presents and by them declared to be their true intent and meaning That if the said T.G. shall at any time during his natural life be minded to alter change or make void all or any the use or uses trust or trusts hereby declared or any of them and shall to that purpose by any writing to be by him sealed in the presence of two or more credible witnesses declare and signifie such his mind and intention that then and from thenceforth from and after such signification and declaration so to be made as aforesaid such of the uses and trusts hereby limited of for and concerning the said Lands and Premisses and the profits of them or of or concerning such part and so much thereof concerning which such declaration shall be made shall cease determine and become utterly void frustrate and of none effect and that then and from thenceforth the said E.F. G.H. and their Heirs shall stand and be
the said J. B. and the said J. L. at the time of executing the said Conveyance as in part of the bargain for the said Messuage and Lands that the said I. B. shall make a Lease of the said Messuages and Lands unto the said I. L. E. his wife and the said I. his son for their lives successively at the yearly Rent of 4. pounds per annum The Consideration Now this Indenture witnesseth That the said I. B. being about the age of 28. years as well in performance of the said agreement on his part made aforesaid and of the yearly Rent hereby reserved and for other good causes and considerations him moving Hath demised The Demise set and to farm-letten and by these presents doth Demise set and to farm-let unto the said J. L. E. his wise and the said I. all that the foresaid Messuage or Tenement with the appurtenances wherein the said I. L. doth now inhabit and dwell scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned viz. one half acre of Land c. mentioning the particulars c. Together with all Houses Edifices Buildings Barnes Stables Yards Back-sideâ— Orchards Gardens Commons Commodities Wayes Easements Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement and Premisses or any of them belonging or in any wise appertaining and now used therewith except all Woods Timber and Trees growing or to be growing on the premisses And also except all those four Cottages or Tenements heretofore built on part of the Orchard belonging to the said Messuage or Tenement hereby demised now being in the several tenures or occupations of R. E. T F. W. R. and L. D. their Assignee or Assignees To have and to hold the said Messuage or Tenement The Habendum and all other the premisses with their appurtenances except before excepted unto the said I. L. E. his wife and I. L. for and during the term of their natural lives and the life of the longer liver of them The Reddendum successively one after another as they are herein named Yielding and paying therefore yearly and every year during the said term hereby demised unto the said I. B. his heirs and assigns the yearly Rent or Sum of 4. pounds of currant money of England at two Feasts or Terms in the year most usual viz. the Feast of c. to be paid at c. the first payment thereof at the Feast of the Annuntiation of c. next ensuing The Distresse And if it happen the said yearly Rent or any part thereof to be behind and unpaid by the space of eight dayes next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then it shall and may be lawful to and for the said I. B. his heirs and assigns and every of them to enter into and upon the said Messuage and Premisses and every or any of them and to distrain for the same and the distress and distresses there had and taken to lead drive take and carry away and the same with him and them to detain and keep untill the said yearly Rent and the arrerages thereof if any happen to be unto the said I. B. his heirs and assigns shall be contented and paid And the said I. L. E. his wife Covenant to repair and the said I. L. for themselves joyntly and severally and for every and either of them their every and either of their several and respective Executors Administrators and Assigns and every of them do and doth covenant and grant to c. That they the said I. L. E. his wife and I. L. their several Executors Administrators and Assigns and every of them at their own proper costs and charges in and by all things shall and will well and sufficiently repair maintain uphold keep cleanse and scour all and every the Houses Buildings and Edifices hereby demised and now built upon the premisses and belonging to the same and which at any time hereafter during the term hereby demised shall be erected and built upon the demised premisses or any part thereof and the hedges ditches fences pales and mounds upon and about the demised premisses and every of them well and sufficiently shall make keep cleanse and scoure and the said Messuage or Tenement Houses and Buildings which are or at any time hereafter during the term hereby demised shall be erected or built in or upon the same or any part thereof being so well and sufficiently repaired maintained upholden kept cleansed and scoured in the end or other determination of the said term hereby demised shall and will leave and yield up unto the said I. B. To view the defaults of reparations his heirs and assigns And also that they the said I. L. and E. his wife and the said I. L. and every of them and their and every of their assigns shall and will permit and suffer him the said I.B. his heirs and assigns together with three or four or fewer Workmen or other persons at their or any of their wills and pleasures being at convenient times twice every year quietly to enter in or upon the said Messuage or Tenement and all other the Demised premisses to view and search whether the same be well and sufficiently repaired or not And of all and every the Default and Defaults for want of Reparations then and there found To repair upon notice to give or leave notice in Writing at the said Messuage or Tenement unto or for the said I. L. and E. his wife and the said I. L. to repair and amend the same from time to time during the terms hereby demised alwayes within the space of six months next after every such notice in Writing so given or left as aforesaid Not to demise without license And also that neither they the said I. L. E. his wise nor the said I. L. nor any nor either of them shall not at any time or times hereafter grant bargain sell assign or set over demise let or depart with the said Messuage and Premisses or any part or parcell thereof or his her or their or any of their right title interest or estate in or to the Premisses or any of them without the speciall license and consent of the said I.B. his heirs and assigns under his or their hand in Writing therefore first had and obtained Proviso upon non-payment or nonreparation to re-enter Provided alwayes and it is Conditioned by and between the Parties to these presents That if it shall happen the said yearly Rent or any part thereof to be behind and unpaid by the space of twenty eight dayes next after any or either of the Feasts or dayes of payment before mentioned or set down for payment thereof contrary to the form aforesaid the same being lawfully demanded or if all and every the said Default and Defaults for want of Reparations
Concordia idem Johannes concessit praedict ' Rogero et Ceciliae praedict ' tenementa cum pertin et illa eis reddid ' in ead ' Cur ' Habend et tenend eisdem Rogero et Ceciliae de Capitalibus Dominis feodi illius per servitia quae ad tenementa pertinent in perpetuum Et praeterea idem Johannes concessit pro se et haeredibus suis quod ipsi warrant eisdem Rogero et Ceciliae et haeredibus ipsius Caeciliae praedicta tenementa cum pertin contra omnes homines in perpetuum Et pro hac recognitione redditione warrant ' fine et concordia iidem Rogerus Caecilia dederunt praed ' Johanni viginti libras sterlingorum If there be either a precedent or subsequent agreement either before or after the levying of a Fine the Fine shall operate to those uses only which were so agreed upon or declared as aforesaid and those are done in this Form Au Indenture to lead the use of a Fine THis Indenture Tripartite made c. between A. B. of C. and D. his wife of the first part E.F. of G. and H. his wife of the second part and J. K. and L. M. of the third part Whereas the said A.B. and D. his wife having in the Term of St. Hill c. last past knowledged a Fine in due form of Law of all those Six Messuages or Tenements called c. with the appurtenances and of Seven Cottages and one Curtilage with the appurtenances in the Parish of c. to the said I.K. and L.M. and the heirs of the said L. M. for ever Now this Indenture witnesseth That the true intent and meaning of the said Fine and of all the Parties thereunto and of these presents was and is and It is by these presents and by all the Parties thereunto declared That the said Fine and all effects thereof shall be and enure and shall be construed and taken to be and enure to the onely uses behoofs intents and purposes hereafter mentioned that is to say to the use and behoof of them the said c. their and either of their assigns for and during the natural life of the said c. and from and after the decease of the said c. then to the use and behoof of the said A. B. and D. his wife their heirs and assigns for ever and to no other use or uses intents or purposes whatsoever any matter or thing in the said Fine contained to the contrary thereof in any wise notwithstanding In witness whereof c. Another with grant of an Annuity THis Indenture c. Between A. c. and E. of the one part and B. c. of the other part Whereas the said A. hath c. as by c. prout antea and here make your necessary recitals Now his Indenture witnesseth and it is hereby declared c. That the use and uses intent and purpose of the said Fine is and is by these presents declared limited and appointed to be to the use and uses intents and purposes hereafter in these presents limited and appointed and to no other use or uses intents or purposes whatsoever that is to say here recite and declare the uses And the true intent and meaning of the said Fine farther is and by these presents is declared to be to the intent that he the said E. Brother of the said A. and S. his wife shall and may have and perceive for and during the term of their natural lives and the longer liver of them one annual Rent or Summe of c. to be issuing out of the Premisses yearly at the four usual Feasts or Terms in the Year and to begin at the first of the said Feasts which shall be next after the death of the said A. And if the said Rent or any part thereof be behind or unpaid c. that then the said E. shall distrain in the Premisses or any part thereof as for a Rent-charge and also that he the said E. shall have and enjoy one Messuage c. for his natural life c. In witness c. This I take to be sufficient as to Presidents I will now shew what is most necessary to be known in this particular wherein I will give you several Observations And in the first place take notice that Uses may be thus declared on a Fine Feoffment or Recovery of Land but upon a Bargain and Sale no declaration can be of any other use than what the Law doth make upon it So upon a Covenant of Uses no declaration may be of other uses than what are in the Deed. 2. That whoever may dispose of Land may dispose of the use thereof for the declaration of the use doth follow the Land 3. That although such declaration may be made by words yet it is not safe to do it otherwise than by Deed Indented 4. This may be made before at or after the time of the making the assurance As for Example One may Covenant or agree that A. shall recover his Land against him or that he will levy a Fine or make a Feoffment of it to him and that the same shall be to the use of himself or others And if one make a Feoffment he may declare the uses of it at the same time and that within the same or another Deed at his pleasure And if the assurance be past and no declaration had before or at the time of passing it a declaration may be subsequent and such declaration or Indenture may declare and direct the Uses of a Fine and Recovery but with this difference viz. Where precedent Indentures are made to direct the uses of a subsequent assurance and after the assurance is made accordingly there no averment shall be received by word that the same Assurance was to other uses than are declared by the Indenture But against an Indenture subsequent declaring the uses of the assurance precedent an Averment may be taken that there were other Uses limited before or at the time of the assurance than are contained in the Indenture 5. The declaration of Uses by Indenture must be certain in the persons to whom in the Lands c. of which and in the estates and time for which the uses are declared and it must be compleat and certain without reference to any other for incertainty destroyes all 6. When an Indenture Precedent is to limit the uses of a subsequent Fine or Recovery and it is not pursued in some circumstances of time Person Quantity or the like yet if no other new mean agreement be proved to intervene the assurance shall be to the uses in the same Indenture But if the Variance be in these particulars and the form of the Indenture be not pursued there an Averment may be received that it was to other uses than what are contained in the Indenture and if none such can be made then is it left to construction of Law 7. And for the Parties to the Indentures to lead such uses take
the appurtenances in N. and A. aforesaid or either of them containing by estimation c. then lately purchased by the said R. R. as in and by the said several Indentures or Deeds indented amongst other things therein contained more at large it doth and may appear in which said several Indentures there is contained a Proviso in these words following that is to say Provided alwayes That if the said R. R. during his natural life shall by his Deed or Deeds of revocation under his hand and seal testified by two witnesses or more revoke annihilate and make void or declare that he doth revoke annihilate and make void all or any the Uses and Estates in and by these presents limited and raised of or upon all or any of the said Mannors Messuages Lands Tenements and Hereditaments whatsoever in the said Fine to be contained and in these presents mentioned that then from and after the ensealing of such Deed or Deeds of revocation such of the said Uses as shall be declared to be revoked shall cease and be utterly void frustrate and of none effect and that then the said Fine of such parcel or parcels to be revoked shall be to the onely use of the said R. R. and his Heirs for ever any thing before in these presents contained to the contrary thereof in any wise notwithstanding as in and by the said Proviso in the said several Indentures mentioned and contained more plainly may appear Now know ye that the said R.R. as well in consideration that the uses and estates of and in the said Mannor Lands Tenements and Hereditaments in the aforesaid Indentures of entail specified may touching the said uses and estates remain and be rovoked and continue to the said R. R. his heirs and assigns to be disposed of at his or their pleasures and also for divers other good and just Causes and Considerations him hereunto especially moving and by vertue of the Proviso contained in the said several Indentures above recited or mentioned or other wise hath revoked annihilated and made void and by this present deed of Revocation doth revoke annihilate and make void the several uses and estates in and by the said Indentures or either of them raised or limited of or upon all the said Mannor of Lingate with the Royalties Rights members and appurtenances thereof whatsoever in N. and A. aforesaid or either of them in the said County of c. and of all the said Lands Tenements and Hereditaments to the said Mannor of Lingate now or of late appertaining or belonging or as part parcel or member thereof heretofore had known or reputed with the appurtenances in N. and A. aforesaid or either of them containing by estimation c. late purchased by the said R. R. of c. And further the said R. R. for the consideration aforesaid and by vertue of the said Proviso contained in the said several Indentures and otherwise hath revoked annihilated and made void and by this present Deed of Revocation doth revoke annihilate and make void the several uses and estates in and by the said Indentures or either of them raised and limited of or upon one Close of Land and Pasture called K. Close containing by estimation c. and of or upon one other Close of Land and Pasture with the appurtenances containing by estimation c. in N. aforesaid and of or upon two acres of arable Land by estimation c. in N. aforesaid now in the occupation of c. or of his Assigns In witness c. A Grant of the Reversion of certain Lands THis Indenture made c. between R. W. of c. of the one part and C. D. of c. of the other part witnesseth That the said R. W. for and in consideration of the sum of c. hath granted bargained and sold and by these presents doth fully clearly and absoluted grant bargain and sell unto the said C. D. his Heirs and Assigns for ever all that his Right Title Use Interest Reversion and Remainder of and in all and singular c. now or late in the Tenure or Occupation of c. which said Messuage and other the premises with the appurtenances he the said R. W. hath should or ought to have by and after the deceasâ— of A. W. Mother of the said R. Which said Messuage or Tenement Barn Orchard c. with the appurtenances R. W. deceased late Father of the said R. W. party to these presents By his last Will and Testament devised willed and bequeathed unto the said A. W. for and during the natural life of the said A. W. and the immediate reversion or remainder thereof to the said R. W. and his Heirs for ever Together with all the Deeds Evidences Charters Escripts Writings and Minuments which he the said R. W. or any other to his use or by his consent or delivery have or hath touching or concerning the said Messuage or Tenement and other the premises or any part or parcel thereof All and singular which said Deeds Evidences Charters c. the said R. W. hath already delivered at and before the ensealing and delivery of these presents To have and to hold the said reversion and remainder and all the Estate Right Title Interest c. of the said R. of in and to the said Messuage or Tenement other the premises with the appurtenances before by these presents granted bargained and sold or meant mentioned or intended to be hereby granted bargained and sold and every part thereof immediately from and after the decease of the said A. W. the Mother unto the said C.D. his Heirs and Assigns for ever to the onely proper use of the said C. D. his Heirs and Assigns for ever And the said R. W. for himself his heirs c. That he the said R. W. at the day of the date of these presents is lawfully and solely seized of and in the reversion and remainder of the said Messuage or Tenement and of other the premises with the appurtenances immediately from and after the decease of the said A. W. of a true and perfect estate of inheritance in the Law in Fee to his own use without any manner of Condition Mortgage or Redemption And further that the said reversion or remainder of the said Messuage or Tenement and of other the premises with the appurtenances from by and after the decease of the said A. W. the Mother and at the day of the date hereof are and be and so at all times from henceforth shall be and continue free clear and clearly acquitted exonerated and discharge and freely save harmless by the said R.W. his Heirs Executors and Administrators of and from all and every former and other Bargains Sales Gifts Grants Leases Statutes-Merchant and of the Staple Recognizances Joyntures Dowers Wills Entails Intrusions Rents-charge Rents-seck Arrerages of Rents and of and from all other Charges Titles Troubles Incumbrances and Demands whatsoever had made committed suffered or done by c. In
there to be had otherwise the said Timber to be found and reparations done as aforesaid at the proper Provisions Costs and Charges of the said T. VV. party to these presents his Executors and Assigns and that neither the said T. VV. his Executors or Assigns or his or their Under-Tenants shall commit any waste or strip any Trees Hedges Quick-sets Mounds or Fences upon the premises And the said I. B. for himself c. doth Covenant and Grant to and with the said T. VV. c. That the said two Messuages or Tenements Three-yard Land That the Premises are discharged of Incumbrances and all other the afore demised Premises with the Appurtenances and every part and parcel thereof now are and be and so from henceforth during the continuance of this present Lease shall be and continue clearly acquitted exonerated and discharged of and from all and all manner of former Bargains Sales Gifts Grants Joyntures Leases Annuities Rents Arrerages of Rents Statutes-Merchant and of the Staple Recognizances Judgments Executions Wills Intails Legacies Titles Troubles and Incumbrances whatsoever had made committed suffered or done or to be had made c. by the said I. B. or by the said G. B. deceased his Father I. B. his Grandfather and R. B. his Uncle or by any of them or by any of their Heirs c. or by any other person or persons or by or through their or any of their means act title consent or procurement one Lease heretofore made by the said G. B. of one Messuage or Tenement and other thing parcel of the premises before by these presents demised unto the said A. P. for and during the natural life of the said A. whereupon the yearly Rent of c. is reserved and shall be from henceforth during the continuance of the same Lease due and payable unto the said T. W. party to these presents his Executors Administrators and Assigns onely excepted and foreprized And further the said I. B. for himself his Heirs Executors and Administrators doth covenant c. That if at any time hereafter during the space of Ten years next ensuing the date of these presents To exchange a lease within Ten years the said T. W. or his Assigns shall be minded to exchange and put in one other life in the stead and place of any of them the said T. W. the Son of G. and A. W. the party put out being then living That then within three weeks next after request in that behalf made and payment of c. to the said I. B. in the consideration thereof he the said I B. his Heirs or Assigns shall and will at the costs and charges of the said T. W. party to these presents his Executors or Assigns make seal and deliver in due form of Law unto the said T. W. party to these presents his Executors and Assigns one other good and sufficient Lease for the residue of the said term which shall be then to come if any two of the persons before named and such other person as shall be then nominated and put in shall so long live and under the like Rents Covenants and Conditions as in these presents is expressed Mutatis Mutandis And further that the said T. W. party to these presents his Executors Administrators and Assigns and every of them under the Rents and Covenants herein before mentioned shall and may peaceably and quietly have hold possess and enjoy the said two Messuages or Tenements Three yard-land and all other the before demised premises with the appurtenances and every part thereof during the whole Term hereby granted if the said T. W. the Son of G. W. and A. W. or such other persons as shall be hereafter named with two of them in the stead and place of any of them so dying or exchanging shall so long live without the lawful let trouble eviction or contradiction of the said I. B. his Heirs or Assigns or of the Heirs Executors or Assigns of the said G. B. deceased or of any other person or persons whatsoever except only the said A. B. for her Lease before-mentioned And the said C. D. and I. D. for themselves and either of them severally and respectively and not the one for the other nor the others act and for their several Executors Administrators and Assigns do covenant promise and grant to and with the said T. W. party to these presents his c. That he the said T. W. his Executors Administrators and Assigns and every of them shall and may according to the tenour and true meaning of these presents peaceably and quietly have hold and enjoy all the said demised premises with the appurtenances and every part thereof free and clear and freely and clearly acquitted and discharged of and from all and all manner of former Bargains Sales Gifts Grants Leases Joyntures Dowers Uses Wills Intails Statutes Recognizances Judgments Extents and Executions and of and from all other Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done by them the said C. D. and I. D. or either of them or by any other person or persons by their or either of their means act title or procurement And lastly the said I. B. for himself c. that he the said I. B. his Heirs and Assigns and every of them For further assurance shall and will at all times hereafter and from time to time upon request made at the cost and charges in the Law of the said T. W. party to these presents his Executors or Assigns or some of them make do and execute or cause to be made done and executed all and every such further and other reasonable act and acts thing and things whatsoever for the further and more better assurance surety sure-making and conveying of the said demised premises with the appurtenances and every part thereof unto the said T. W. party to these presents his Executors and Assigns during the time aforesaid and in such manner and farm and upon such Rents Covenants and Conditions as is before herein mentioned according to the effect and true meaning of these presents as by the said T. W. his Executors or Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required In witness c. A Grant of an Extent penned by Mr. Thomas Bromley then Solicitor THis Indenture made c. between B. D. of c. and VV. D. of c. on the one party and T. B. G. B. and T. O. of c. on the other party VVitnesseth That whereas the Right Honourable E. Lord S. by the name of E. S. Esq Recitall of the Recognizances by one Recognizance bearing date c. taken knowledged and sealed before Sir R. D. Knight Lord Chief Justice of England according to the form of the Statute for the Recovery of Debts in that case provided standeth bound to the said I. D. in the sum of c. Payable c. as by the
Farm Messuage or Tenement in S. M. aforesaid together with all and every the Houses Edifices Buildings Barns Stables Yards Gardens Orchards arable Lands containing by estimation sixty Acres be the same more or less and all Closes Meadows Pastures and Hereditaments to the said Messuage or Tenement belonging or in any wise appertaining with the appurtenances now or late in the Tenure or Occupation of the said A. B. or his Assigns and also all that Messuage or Tenement Houses Buildings Barns Stables Orchards Gardens arable Lands containing by estimation an hundred Acres be the same more or less Closes Meadows Pastures Lands Tenements and Hereditaments to the said Messuage or Tenements belonging oâ— in any wise appertaining scituate lying and being in S. M. aforesaid with the appurtenances heretofore in the Tenure or Occupation of C. D. and now or late in the Tenure or Occupation of T. W. or his Assigns and all those arable Lands containing by estimation thirty Acres be the same more or less and all those Closes Meadows Pastures Lands Tenements and Hereditaments with their and every of their appurtenances scituate and being in S. M. aforesaid now or late in the Occupation of c. or his Assigns and also all those twenty Acres of arable Lands Meadows and Pasture in S. M. aforesaid now or late in the Tenure or Occupation of W. H. or his Assigns Together with all and singular Wayes Easements Commons Common of Pasture Profits and Commodities whatsoever to the said Premises or any part thereof belonging or appertaining or therewith used and enjoyed or excepted reputed or taken as part or parcel or member thereof with their and every of their appurtenances To the use and behoof of the said V. W. for and during the term of his natural life without impeachment of or for any manner of strip oâ— waste and from and after his decease to the use and behoof of the said F. for and during the term of her natural life for her Joynture and in lieu and recompence of her Dower and Title of Dower and from and after the several deceases of them the said V. W. and F. his wife then to the use and behoof of the first Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body oâ— such first Son lawfully to be begotten and for default of such Issue then to the use and behoof of the second Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of such second Son lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the eldest Son and the Heirs males of his body being alwayes preferred before the younger Son and the Heirs males of his body according to the seniority and priority of Birth and Age and for default of such Issue then as for and concerning all and singular the premises hereby limited and appointed to and for the Joynture and Livelihood of the said F. with their and every of their Appurtenances and the Reversion and the Reversions Remainder and Remainders thereof and of every part thereof to the use and behoof of the said A. B. J. P. and J. G. and their Assigns for and during the term of their natural Lives and the life of the longest Liver of them and from and after their decease and the decease of the Survivor of them to the use and behoof of the Executors Administrators and Assigns of the Survivor or Survivors of them the said A. B. J. P. and J. G. for and during and unto the full end and term of Sixty years from thence next ensuing and fully to be compleat and ended upon trust and confidence and to the Uses Intents and Purposes hereafter in and by these presents limited expressed and declared that is to say from and after the decease of them the said A. B. J. P. and J. G. and of the Survivor of them and from and after the end expiration and other determination of the said term of Threescore years as aforesaid then as for and concerning the Reversion and Reversions Remainder and Remainders of the said Messuage Lands Tenements and Premises so limited for Lives and Years aforesaid And as for and concerning all that the Mannor of S. M. aforesaid Mannor-house or Capital Messuage and all and every the Houses Edifices Buildings Barns Stables Yards Orchards Gardens Lands Closes Meadows Pastures Feedings Tenements and Hereditaments commonly called or known by the name of the Demeasn Lands of the Mannor of S. M. aforesaid scituate lying and being enclosed and invironed with a Ring-hedge near about the said Capital Messuage and for and concerning all other the Lands Closes Meadows Pastures Feedings Tenements and Hereditaments with their and every of their Appurtenances and the Reversion and Reversions Remainder and Remainders thereof whereof no Estate Use or Uses is or are herein formerly limited and declareâ— to the use and behoof of the said V. W. and his Assigns for and during the term of his natural Life without any impeachment of or for any manner of strip or waste and from and after his decease to the use and behoof of such person or persons for such Estate and Estates and for such use and uses and in such sort manner and form as the said V. W. by any his Deed or Deeds in writing intended sealed delivered and executed in the presence of three credible Witnesses at the least shall declare limit and appoint and until such declaration limitation or appointment then to the use and behoof of G. W. eldest Son of the body of the said V. W. and of the Heirs males of the body of the said G. W. lawfully begotten or to be begotten and for default of such Issue then to the use and behoof of R. W. second Son of the body of the said V. W. begotten and of the Heirs males of the body of the said R. W. lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son of the body of the said V. W. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the elder Son and the Heirs males of his body to take place and be preferred according to the seniority and priority of Birth and Age and for default of such Issue to the use and behoof of the Heirs of the said V. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the right
Heirs of the said V. W. for ever And the true intent and meaning of these presents and of all the Parties hereunto upon the execution of these presents is and the special trust and confidence in them the said A. B. J. P. and J. G. their Executors Administrators and Assigns hereby reposed is hereby declared and agreed to be That if in case the said V. W. shall depart this life having no Issue male of his body upon the body of the said F. lawfully begotten or without leaving the said F. with Child of a Son who hereafter shall be born alive and having at the time of his decease one two or more Daughters of his body on the body of the said F. lawfully begotten then living or if there be one onely Daughter if she be not preferred in Marriage with Eight Thousand pounds portion or if there be two such Daughters and if they be not severally preferred in Marriage with One thousand pounds a piece or if there be three such Daughters if they be not preferred in Marriage with portions of One thousand Marks a piece as is hereafter mentioned Or if the said V. W. leaving the â—nd F. with Child of one or more Daughter or Daughters who sâ—all after be born alive that then the said A. B. J. P. and J. G. the Survivor and Survivors of them his and their Executors Administrators and Assigns out of the Rents Issueâ— and Profits of the said Messuages Cottages Closes Pastures Meadows Tenements Hereditaments and other the premises with the appurtenances so to them limited and appointed for Lives and Years as aforesaid shall raise and levy as soon as conveniently may be found for the portion of such Daughter if there be but one the sum of Two Thousand pounds of lawful c. to be paid to such onely Daughter her Executors and Assigns at her age of Eighteen years or day of Marriage which shall first happen or as soon as the said sum of Two Thousand pounds can be raised And if there shall be two such Daughters the sum of One Thousand pounds a piece Or if there be three Daughters then for the portions of the three Daughters the Sum of One thousand Marks a piece of current c. to be paid to them their Executors and Assigns severally and respectively at their several and respective ages of Eighteen years or dayes of Marriage which shall first happen or as soon as the same can be conveniently raised And upon this further trust and confidence and to the intent and purpose that if it shall happen the said V. W. die leaving one only Daughter or two or three Daughters of his Body on the Body of the said F. begotten then living or afterwards to be born as aforesaid And that the said onely Daughter shall happen to depart this Life before she accomplish her age of Eighteen years or day of Marriage or if there fortune to be two or more Daughters then if both or all the said Daughters die or depart this Life before either or any of them accomplish their several ages of Eighteen years or be married as aforesaid then the said several sums of money intended for the portions and advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or levyed out of the Rents Issues and Profits of all or any the Premises all Charges and Expences being defrayed wherein full and liberal allowance shall be made and given shall be satisfied or paid to such person or persons as the said V. W. his Heirs or Assigns by any writing under his or their Hand subscribed in the presence of two or more credible Witnesses shall limit and appoint And in default of such limitation and appointment to the Executors or Administrators of the said V. W. and his Heirs And upon this further trust and confidence and to the intent and purpose that the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Executor and Assigns shall out of the Rents Issues and Profits of the aid Messuages Cottages Lands Tenements Hereditaments â—nd Tremises so to them limited for raising of portions as aforesaid with their and every of their appurtenances levy and pay or cause to be levied and paid to for the maintenance of such Daughter or Daughters as aforesaid if there be but one only Daughter the sum of 50 l. per annum and if there be two or three Daughters the sum of 30 l. per annum a piece until such Daughter or Daughters respectively shall attain to her or their age of Eighteen years or shall be married and her or their portions paid as aforesaid Provided alwayes that it is the true intent and meaning of all the said Parties to these presents That if the said V. W. shall happen to depart this Life without any Issue Female of his Body upon the Body of the said F. begotten or without leaving the said F. with Child of one or more Daughters that shall be after born alive That then the Estate and Estates so limited as aforesaid to the said A. B. J. P. and J. G. for their Lives and after their Deceases to their Executors and Administrators for Sixty years shall cease determine and be utterly void Provided also that from and immediately after such time as the aforesaid A. B. J. P. and J. G. their Executors or Assigns shall or might have limited and raised the said several sums for portions and present maintenance of such Daughter and Daughters as aforesaid that the said Estate for Lives and Years limited to them in trust as aforesaid shall cease determine and be utterly void and the said Messuages Cottages Lands and Tenements and all and singular other the premises so to them limited as aforesaid in trust shall immediately go and be to such person or persons to whom the Rerversions or Remainder of the said Messuages Lands and Premises shall belong and appertain And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns and to and with every of them by these presents that the said Messuages Cottages Closes Meadows Pastures Tenements and Hereditaments and all and singular other the premises before by these presents 〈◊〉 â—ectively limited and appointed for the Joynture of the said 〈…〉 are and so from time to time and at all times hereafter 〈…〉 notwithstanding any act or default of the said V. W. 〈…〉 Assigns or any of them shall remain continue and be 〈…〉 F. and her Assigns of the clear yearly value of c. over 〈…〉 all Charges and reprizes Provided alwayes and upon 〈…〉 condition and to the further use intent and purpose 〈…〉 said V. W. happen to depart this Life leaving a Son of his Body on the Body of the said F. lawfully begotten and the said F. do him
play whereby his Master may incur any hurt Fornication in the house of his said Master or elsewhere he shall not commit Matrimony he shall not Contract Taverns he shall not frequent with his own proper Goods or any others during the said term without the special licence of his Master he shall not Merchandize from the Service of his said Master day nor night he shall not absent or prolong himself but in all things as a good and saithful Apprentice shall bear and behave himself towards his said Master and Mistress and all his during the term aforesaid And the said R. B. to his said Apprentice the Science or Art which he now useth shall teach and inform or cause to be taught and informed the best way that he may or can and also shall find to his said Apprentice Apparel Meat Drink and Bedding and all other Necessaries meet and convenient for an Apprentice for and during the term aforesaid In witness c. A Bargain and Sale of a Mannor THis Indenture made c. between J. H. of c. and R. B. of c. Esquires on the one part and W. of c. on the other part Witnesseth That whereas T. H. of c. Father of the said I H. by his Writing or Deed indented bearing date the c. in the Sixteenth year of c. for the considerations therein expressed did demise grant and to farm-let unto the said I. H. his said Son c. all those Three-yard-lands with the appurtenances in W. aforesaid being or being accounted to be the ancient Demeasn Lands of the Mannor of W. heretofore purchased by the said T. H. of R. S Esq and also all that his yard or half of Land being in W. aforesaid then lately purchased of one H. H. with all Hades Leyes-Banks Let-grass Commons Profits Wayes Easements Commodities and Appurtenances c. thereunto belonging and all that Dove-house Close and new Orchards in W. aforesaid to the said c. belonging or appertaining or therewith used occupied or enjoyed as in c. except c. To have and to hold the said Three-yard-lands Close Orchard and all other the premises except before excepted unto the said I. H. his Executors and Assigns for and during and unto the full end and term c. from thenceforth next and immediately ensuing if the said T. H. and his Assigns so long live for and under the c. payable as by the said Deed or Writing indented relation being thereunto had more at large it will and may appear And whereas further the said T. H. by one other Writing or Deed indented bearing date c. for and in consideration of the natural love and fatherly affection that he the said T. H. did bear to the said J. H. and to the Children of the said J. H. being his Grand-children and for the setling of the Mannors Lands Tenements and Hereditaments in the said Deed indented expressed in his Name and Blood did in and by the said last mentioned Deed indented covenant and grant for himself and his Heirs to and with the said J. H. and his Heirs that the said T. H. and his Heirs should and would immediately from thenceforth stand and be seized of and in all that the Mannor or reputed Mannor of W. in the County of O. and of and in all that the Capital Messuage of W. in the County of O. wherein the said T. H. then dwelt with all and singular their and every of their Rights Rents Quit-rents Members and Appurtenances whatsoever And of and in all those Three-yard-lands called or known by the name of the Ancient-Demeasn-Lands of the said Mannor and of and in all that yard and half of Land lying in W. aforesaid which the said T. A. had lately purchased as aforesaid is expressed And of and in all and singular Messuages Lands Tenements and Hereditaments of the said T.H. in W. aforesaid the advowson of the C. of W. aforesaid excepted to the use and behoof of the said T. H. for and during his natural life without impeachment of or for any manner of waste and after his decease to the use and behoof of the said J. H. and his heirs for ever as by the said last mentioned Indenture acknowledged and enrolled in his Majesties High and Honourable Court of Chancery more at large it will and may appear By force and vertue of which said recited Indenture of Lease he the said J. H. is in and upon the said premises entred and was and is by force of the said recited Indenture and by force of the Statute made the c. in the c. for the transferring of uses into possession as well of the said term of three-score years as of the said remainder expectant after the death of the said T. H. possessed and seized And he the said J. H. being so of the said premises possessed and seized did afterwards by his Indenture bearing date c. and enrolled in the high Court of Chancery for the consideration therein expressed give grant bargain sell assign set over and confirm unto the said R. B. his Executors c. all singular the before mentioned premises with the appurtenances and every part and parcel thereof as in and by the said last mentioned Indenture whereunto relation being had more fully and at largâ— it doth and may appear Which said Bargain and Sale was and is upon condition that if the said J H. c. should or did pay c. on the c. at or in the c. unto the said R. B. his c. That then the said Indenture of Bargain and Sale to be void as in and by one Indenture made between the said J. H. on the one part and the said R. B. on the other part bearing date c. to which reference being had more at large it doth and may appear Now this Indenture further witnesseth That the said J. H. and R. B. for and in consideration of the sum of c. to them by the said W. P. before the ensealing and delivery of these presents well and truly in hand paid whereof and wherewith the said J. H. and R. B. do acknowledge themselves to be fully satisfied contented and paid and thereof and of every part and parcel thereof c. have granted bargained sold assigned set over and confirmed and by these presents do fully clearly and absolutely grant bargain sell assign set over and confirm unto the said W. P. his c. not onely the said recited Indenture of Lease and all their estate right title interest and term of years therein yet to come and unexpired but also all the said Mannor of W. and Capital Messnage in the said County of O. with the appurtenances Together with the said Three-yard Land called by the name of the ancient Demeasn Lands of the said Mannor And also all that yard and half of Land in W. aforesaid which the said T. H. purchased of the said H.H. as aforesaid And
Titles Troubles and Incumbrances whatsoever heretofore had made committed suffered or done by us the said R. B. and P. K. or either of us our Executors c. or any of us in any manner of wise howsoever And so shall be during all the rest and residue of all and so many years as are yet to come and unexpired of the said several terms in by the said several recited Indentures of Lease granted according to the true intent and meaning of these presents the several Rents Payments Covenants and Agreements in the said several recited Indentures of Lease respectively comprised and specified which from henceforth on the Tenants and Lessees parts and behalfs are or ought to be observed performed fulfilled and kept according to the true meaning of the several recited Indentures of Lease and the moyety of one half part of the yearly Rent of c. reserved for certain Rooms and Chambers belonging to the c. now in the Occupation of c. which moyety of the said Rent is formerly sold and released unto the said A. B. his c. onely excepted and foreprized any thing in these presents contained c. In witness c. An Assignment of a Lease in trust whereof the Assignor is to take a further Estate in the premises THis Indenture made c. between Sir A. C. of c. on the one part and E. H. and C. D. of c. on the other part Witnesseth That whereas Sir J. D. c. by his Indenture of Lease beating date the c. reciting the Grant and Habend as in and by c. Now this Indenture further witnesseth That the said Sir A. C. for and in consideration of the trust hereafter mentioned and for divers other good Causes and Considerations him thereunto moving hath granted bargained sold assigned and set over and by these presents doth grant bargain c. unto the said E. H. and C. D. their Executors Administrators and Assigns and to the Survivor of them the said E. H. and C. D. and to the Executors Administrators and Assigns of the Survivor of them all c. mentioning all that is assigned and set over To have and to hold the said Lordship c. and all other the premises with all and singular their appurtenances before by these presents bargained sold assigned and set over and every part and parcel thereof unto the said E. H. and C. D. their Executors Administrators and Assigns and to the Survivor or Survivors of them the said E. H. and C. D. and to the Executors Administrators and Assigns of the Survivor of them all c. mentioning all that is assigned c. Nevertheless upon this trust and confidence in them and every of them reposed that they the said E. H. and C. D. and the Survivor of them and the Executors c. of the Survivor of them shall and will at all times hereafter and from time to time upon the reasonable request to them or any of them to be made and at the Costs and Charges in the Law of the said Sir A. C. his Executors c. assign convey and assure all and singular the before bargained premises and every part and parcel thereof unto such person or persons their Executors c. by the said Sir A. C. his Executors c. shall be nominated and appointed in such manner and form as by the said Sir A. C. his Executors c. or his or their Council learned in the Law shall be reasonably devised or advised and required and upon further trust and confidence that they and every of them shall and will upon the like request to be made do and perform all and every lawful act and acts thing and things whatsoever for the extinguishment of this present bargain sale and assignment of the premises above-mentioned as by the said Sir A. C. his Executors c. or by his or their Council learned in the Law shall be reasonably devised or advised and required In witness c. An Assignment of a Judgment THis Indenture made c. between M. M. c. on the one part and R. T. c. on the other part witnesseth That whereas the said M. M. hath recovered a Judgment in His Majesties Court of Common-Pleas at Westminster in Hillary Term Anno c. against E. G. for xx l. Debt besides costs of Suit as by the Records of the said Court more at large may appear Now the said M. M. for good Considerations him moving Hath bargained sold assigned and set over and by these presents doth bargain sell assign and set over unto the said R. T. his Executors c. as well the said Judgment and all and every sum and sums of money therein mentioned and contained As also all benefit and advantage which shall or may be had obtained or gotten by reason or means of the said Judgment or any Process or Execution thereupon to be had sued out or executed To have and to hold the said Judgment sum and sums of Money benefit advantage and other the premises aforesaid unto the said R. T. his c. to his and their own proper uses and behoofs in as ample manner as he the said M. M. his Executors or Assigns might or could have and enjoy the same if these presents had never been had or made and the said M. M. his Executors c. shall and will justifie maintain and avow all and every lawful act and thing that shall be done in and about the premises without releasing or discharging the same So as there be no further benefit taken than onely the due Debt Interest and Charges and that all the benefit which shall be obtained or gotten upon the said Judgment shall wholly remain and be unto the said R. T. his Executors c. to his and their own proper uses and behoofs without any account or other thing to be therefore yielded or done unto the said M. M. his c. for the same In witness c. An Assignment of an Annuity TO all Christian people c. I J. W. of c. Gentleman send greeting in our Lord God everlasting Whereas J. C. Citizen c. by his Deed indented bearing date c. for the consideration therein mentioned did give grant and confirm unto me the said J. W. one Annuity or yearly Rent or Pension of c. to be issuing and going out of all and singular the Messuages or Tenements Lands and Premises of the said J. G. situate and being in c. for the term of the natural life of me the said J. W. as in and by the said Deed indented among divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now know ye That I the said J. W. for good Considerations me moving have assigned and set over and by these presents do assign and set over unto S. L. of c. the said Annuity or yearly Pension of c. To have
and to hold the said Annuity or yearly Rent of c. aforesaid unto the said S. L. and her Assigns in as large and ample manner and form as I the said J. W. may or ought to have and enjoy the same by force of the said Deed indented or any thing therein contained together with the said Deed indented In witness c. A Release for one used in trust TO all Christian people c. R. M. of c. sendeth greeting in our Lord God everlasting Whereas C. G. and T. T. for and in consideration of a certain sum of money to them paid by J. L. of c. by their Indenture of Bargain and Sale bearing date c. did grant bargain and sell unto the said I. L. and R. M. their Heirs and Assigns for ever all that their third part in three parts equally to be divided of all that their Messuage or Tenement called c. with the appurtenances scituate c. late in the Tenure of c. And also all that their third part in three parts equally to be divided of all that their Mine of Coals opened or to be opened or to be gotten or digged within the Grounds or Lands to the said Messuage or Tenement called c. belonging or appertaining or in any part or parcel thereof as by the same Indenture among divers other Covenants and Agreements more at large it doth and may appear All which premises in the Indenture specified so sold and granted to the said I. L. and R. M. as aforesaid was before and at the ensealing of the said Indenture intended and meant to be to the only use and behoof of the said I. L. and his Heirs and to no other use or purpose whatsoever Now know ye That I the said R. M. for and in regard of the trust and confidence in me reposed by the said I. L. have remised released and for ever quit-claimed and for me and my Heirs do by these presents remise release and for ever quit-claim unto the said I. L. and his Heirs All my Right Interest Estate Title and Demand which heretofore I have had or now have of and in the said premises in the said Indenture specified or in any part or parcel thereof In witness c. A Surrender of a Lease for Lives for the obtaining of a new Lease TO all c. I A. S. c. send greeting c. Whereas I the said A. now am and stand lawfully seized and possessed of a Lease for term of my life to be made and granted by c. bearing date c. of and in c. all which premises are scituate c. and are of the yearly value of c. as by the said Indenture of Lease Relation c. Now know ye That I the said A. have granted and surrendred and by these presents do fully and absolutely grant and surrender unto the said c. his Heirs and Assigns the said Messuage c. demised by the said c. to me the said A. by the said recited Indenture of Lease as aforesaid And all the Estate Right Title Interest term of Life and Demand whatsoever of me the said A. of in and to the said Messuage and other the premises with the appurtenances and of in and to every of them and every part and parcel thereof by force and vertue of the said recited Indenture of Lease or otherwise howsoever Together also with the said Indenture of Lease To the intent nevertheless and upon condition that the said c. may by his Indenture of Lease make a new demise and grant of the premises to J. H. and C. his wife and N. their Son for term of their natural Lives and the life of the longest Liver of them successively or otherwise as shall be thought convenient and for and under the yearly Rent and under such Provisoes Covenants and Articles as shall be thought fit therein to be comprized In witness c. A Revocation of a Suit TO all c. I A. B. send greeting c. Whereas an Action hath been brought at the Common Law in my name against P. F. upon a Bond wherein the said P. F. and one W. D. became bound unto me in the sum of c. on the c. as by the same Obligation c. Now know ye That I the said A. B. do by these presents revoke and withdraw the said Action and Suit brought against the said P. F. upon the said Obligation and all proceedings thereupon had in my Name and do also countermand all Letters of Attorney and other Authorities whatsoever by me heretofore made or given to any person or persons for the prosecution of any Action or Suit upon the said Bond and do also signifie and declare that my will and pleasure is that no action or suit shall at any time hereafter be brought and commenced against the said P. F. and W. D. nor either of them nor their nor either of their Heirs c. upon the said Obligation In Witness c. A Release for waste done TO all c. W. S. of c. sendeth greeting in our Lord God God everlasting Whereas J. S. of c. being possessed of a Lease for divers years yet to come of and in one parcel of Wood-ground commonly called c. situate c. containing c. being parcel of the possession of W. S. c. aforesaid and whereas the said J. S. for the better advantage to himself and for the increase of his own yearly profit to be made of the same Wood-ground and for the better and more profitable manuring of the said ground hath for that purpose cut down and grubbed up divers Trees in and upon the said parcel of Wood-ground and hath converted the same Ground into Tillage whereby a far greater annual profit is and yearly advantage will be made thereof than if the same should continue Wood-ground which in time to come will turn to the better benefit and advantage of the said W. S. and his Heirs after the end and determination of the said Lease made to the said J. S. yet notwithstanding the said J. S. is subject and liable to be questioned and troubled by action to be commenced against him both for the waste he hath committed by cutting down Trees and for not preserving of the said Woods according to the Covenants comprised in the said Lease Now know ye That the said W. S. c. for and in consideration of c. and for divers good causes c. hath for himself his Heirs Executors c. remised released and quit-claimed and by these presents doth clearly and absolutely remise release and quit-claim unto the said J. S. c. all and all manner of Actions of waste and all manner of Suits for any Wastes or Spoils done or committed by him the said R. S. in the said Wood and Wood-ground called c. aforesaid until the date of these presents And all and all manner of actions
further this present Indenture that for the consideration aforesaid and for and in consideration of the sum of 40 l. to him the said T. I. by the said P. H. before the ensealing and delivery hereof well and truly satisfied and paid whereof he acknowledgeth the receipt and thereof and of every part and parcel thereof doth clearly acquit and discharge the said P. H. his Heirs c. and every of them for ever by these presents and for setling the Inheritance of all the said Messuages Lands Tenements Hereditaments and Premises in such manner and form as hereafter in these presents is mentioned limited and declared and for divers other good Causes and Considerations all the said Parties moving it is covenanted granted concluded and agreed by and between all the said Parties to these presents that they the said W. B. and M. his Wife T. I. and A. his wife P. H. and J. his wife shall and will before the end of Easter Term next acknowledge and levy to the said T. P. and J. C. and to the Heirs of one of them one Fine sur conuzance c. to be sued out with Proclamations according to the form of the Stature in that case made and provided before the Justices of the Court of Common-Pleas at Westminster of all the Messuages Lands Tenements and Premises before mentioned by the names of thirteen Messuages and seven Gardens with the appurtenances in c. which Fine so or in any other manner to be acknowledged and levied and all other Fine or Fines to be had levied or acknowledged by or between the said Parties or any of them or any other person or persons of the said premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only uses intents and purposes hereafter in these presents limited expressed and declared that is to say as touching and concerning all the said Messuages Tenements Gardens and Premises before mentioned to be granted bargained sold or conveyed by the said W. Ho. in and by the said recited Deed indented to the use and behoof of the said P. Hobbs and of his Heirs and Assigns for ever and as touching all other the Messuages Lands Tenements Hereditaments and Premises before mentioned meant or intended to be comprized in the said Fine thereby agreed to be levied whereof no use is herein therefore expressed and of every part and parcel thereof with the appurtenances to the use and behoof of the said Peter H. for term of his natural life and from and after his decease to the use and behoof of the said Joan H. for the term of her natural life and from and after her decease to the use and behoof of the first Son of the said P. Hobbs on the body of the said Joan his wife begotten and to be begotten and of the Heirs males of the body of such first Son lawfully to be begotten and for default of such Issue to the use and behoof of the second Son of the said Peter Hobbs on the Body of the said Joan his wife begotten and to be begotten and of the Heirs males of the body of such second Son lawfully to be begotten and for default of such Issue to the use and behoof of all and every other Son and Sons of the said P. H. on the body of the said Joan his wife to be begotten one after another as they shall be in seniority of age and priority of birth and of the Heirs of the body of every of the same Sons respectively to be begotten the elder of the said Sons and the Heirs of his body being alwayes preferred before the younger and the Heirs of their bodies and for default of such Heirs to the use and behoof of all the Daughters of the body of the said P. H. on the body of the said J. his wife begotten and to be begotten and of the Heirs of the body of the same Daughters respectively lawfully to be begotten and for default of such Heirs to the use and behoof of the said P. H. and J. his wife and of their Heirs and Assigns for ever provided alwayes and it is explained and declared to be the true intent and meaning of these presents and of all the Parties to the same that it shall be lawful to and for the said P. H. and J. his wife at any time during the Coverrure between them by any writing or writings indented to be by them signed and sealed in the presence of three or more credible witnesses who shall thereunto subscribe or indorse their names or marks testifying the same to alter change revoke determine diminish or inlarge all or any of the use or uses herein before limited touching or concerning the said Messuages Tenements and Premises herein before limited to the said P. H. and I. his wife or either of them for their lives or any part or parcel thereof and by the same writing or writings or by any other writing or writings indented so signed sealed and testified as aforesaid to limit and appoint any other use or uses of the same Messuage or Messuages Tenements and Premises last mentioned or any part or parcel thereof to the said person or persons or to any other person or persons and of such Estate and Estates as to them shall seem best and in case any such new limitation or appointment of uses shall be made that then the said Fine so to be levied shall be and enure and shall be deemed adjudged construed and expounded to be and enure as touching the said Messuages Tenements Lands and Premises last mentioned and every part thereof to and for such new use and uses as in and by such writing or writings so to be signified sealed and testified as aforesaid shall be expressed limited and declared any thing c. And the said Thomas Joanes for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said P. Hobbs and Joan his wife and either of them their and either of their Heirs c. by these presents that all the said Messuages Tenements and Premises and every part and parcel thereof with the appurtenances now are and be and so from time to time and at all times hereafter for ever shall or may be remain and continue to the several and respective uses before herein mentioned limited and declared according to the true intent and meaning hereof clearly freed and discharged of and from all former and other Bargains Sales Gifts Grants Leases Mortgages Charges Troubles and Incumbrances whatsoever had made committed or done by him the said Tho Joanes or any other person or persons lawfully claiming or to claim by from or under him In witness c. A Marriage is intended between Tho. Geo. Esquire and Ph. B. single Woman Ph. in regard the Joynture agreed on cannot presently be assured with consent of Tho. makes over all her Land c. Jewels Moneys
or to claim by or under him or deriving any authority by or under him them or any of them shall at any time hereafter enter into receive take or intermeddle with the said Mannors Messuages Lands Tenements Hereditaments Jewels Moneys Bonds Specialties Debts or other things before hereby mentioned meant or intended to be granted assigned or delivered by the said Phil. B. to the said Eliz. B. as aforesaid or any part or parcel thereof or any Rents Issues or Profits thereof or of any part thereof other than according to the true intent and meaning of these presents provided alwayes and it is declared to be the true intent and meaning of these presents and all the parties to the same that in case the said Marriage shall not be solemnized on or before the c. next ensuing the date hereof that then and from thenceforth these presents and every grant matter and thing herein contained shall cease determine and be utterly frustrate and void to all intents and purposes and that the said P. B. her Executors c. shall from thenceforth have and enjoy again to her and their own use and right all c. any thing c. In witness whereof to one part of this Tripartite Indenture remaining with the said Eliz. B. the said T. G. and P. B. have put their Hands and Seals to one other part remaining with the said P.B. the said T. G. and Eliz. B. have c. to the other part remaining with the said T. G. the said P. B. and E. B. have c. A. and B. his Wife being possessed of a certain Mannor and Lands Covenants with C. D. to levy a Fine thereof to certain uses with a Covenant that himself and his Wife together shall have power to let Leases for Lives or Years THis Indenture c. Between A. and B. his Wife of the one part and C. c. and D. of c. of the other part witnesseth That for the setling of the Inheritance of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and form as is hereafter in these presents limited expressed and declared and for the enabling of the said A. and B. his Wife to make and grant Leases and Estates of and in the said Mannor Lands and Premises in such manner and form and according to the power and authority to them hereafter in these presents mentioned reserved and raised and for other good Causes and Considerations them the said A. and B. his Wife thereunto especially moving it is agreed between the said Parties and they the said A. and B. his Wife do covenant grant and agree to and with the said C. and D. and either of them their Executors and Administrators by these presents that they the said A. and B. his Wife shall and will before the end of Michaelmas term next ensuing the date hereof acknowledge and levy to the said C. and D. and to the Heirs of the said C. one Fine sur conuzance de droit c. to be sued out with Proclamations according to the form of the Statute in that case made and provided of all that the Mannor Capital Messuage Farm Baron and Demeasn Lands of c. with all and singular the Rights Members and Appurtenances thereof thereunto or to any of them belonging or reputed or used as thereunto or to any of them belonging and of all other the Messuage Lands Tenements Rents Services and Hereditaments whatsoever wherein T. J. Gent. deceased had any Estate of Inheritance in possession reversion or remainder situare lying and being or to be had or taken in or near the Towns Parishes Fields and Hamlets c. with the appurtenances and of twelve Messuages two Cottages one Water-Mill twelve Gardens three hundred Acres of Land two hundred Acres of Pasture forty Acres of Wood with the appurtenances in c. or by such other fit name or names quantities and qualities of Acres as shall be thought fit which said Fine so or in any other manner to be had and levied shall be deemed adjudged construed and expounded to be to and for the only uses intents and purposes hereafter in these presents limited expressed and declared and to and for none other use intent or purpose whatsoever that is to say to the use and behoof of the said A. for and during the term of his natural life and from and after his death to the use and behoof of the said B. for and during the term of her natural life and from after the decease of the said A and B. his Wife to the use and behoof of the Heirs of the body of the said A. on the body of the said B. begotten and to be begotten and for default of such Heirs to the use and behoof of the right Heirs of the said A. for ever and it is promised covenanted concluded agreed and declared by and between all and every the said parties to these presents that it shall and may be lawful to and for the said A. from time to time and at all or any time or times during his natural life by an Indenture or Indentures to make any Demise or Demises Grant or Grants of the said premises or of any part or parts thereof alone or amongst other things as well in possession for the term of twenty one years or under or for one two or three life or lives or for any term or number of years determinable on one two or three Lives at for and under such Rents Covenants and Conditions as to him the said A. shall seem meet so as she the said B. shall be made a Party to every such Indenture whereby any such Demise or Grant shall be made during the life of the said B. and that the said B. shall seal and deliver every such Indenture and that at all times from and after the making of any such Demise or Demises Grant or Grants the said Fine to be levied as aforesaid and the Conuzes of the same Fine and their Heirs and the Heirs of the Survivor of them shall stand and be seized of and in such part and parts as shall be so demised or granted to the use and behoof of every such Lessee or Lessees Grantee or Grantees to whom any such Demise or Demises Grant or Grants shall be so made and according to the true intent and meaning of every the same several and respective Demise or Demises Grant or Grants so as the same Lessee or Lessees Grantee or Grantees their Executors and Assigns shall pay the Rents and perform their Covenants and Conditions in such Indentures of Demises or Grants to be specified and contained according to the true intent and meaning of the same Indenture In witness c. R. C. being possessed of a Messuage c. in Fee-simple granteth the same to J. P. C. P. and G. C. Habend to them and their Heirs to certain uses viz. the use of himself for life yet
so as to pay 20 l. per annum and Meat Drink c. to his eldest Son his Wife c. and after his decease to several other uses and profits THis Indenture c. Between R. C. of c. of the one part and J.P. C. P. and G. C. of the other part witnesseth That the said R. C. for divers considerations him thereunto moving and especially for the preferment of A. his eldest Son and next Heir and for the Joynture of Alice the now Wife of the said A. and for the preferment of the Issue between the said A. and Alice lawfully begotten and to be begotten hath given granted enfeoffed and confirmed and by c. unto the said J.P. C.P. and G. C. and their Heirs all that Mansion-house or Messuage with the appurtenances wherein the said R. C. now dwelleth set lying and being c. and all the Orchards Gardens Lands Tenements Pastures Meadows Woods Commons Profits Commodities and Advantages whatsoever to the said Messuage and Premisses belonging or in any wise appertaining or being accepted reputed or used as part parcel or member thereof and the Reversion and Reversions Remainder and Remainders Rents and Services of all and singular the aforesaid premises and every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Meadows Leasoes Feedings Pastures Rents Reversions Services and Hereditaments and all and singular other the premises with their and every of their appurtenances unto the said J. P. C. P. and G.C. their Heirs and Assigns for ever to this end meaning intent construction and purposes that they c. and their Heirs and the Heirs of the Survivor or Survivors of them shall from henceforth stand and be seized of the said Messuage and all and singular other the above mentioned premises and of every part and parcel thereof to the uses intents and purposes hereafter in these premises limited and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said R. C. for and during his natural life so as and upon condition that he the said R. C. shall from time to time during his natural life pay or cause to be paid unto the said A. and Alice his Wife and the longest liver of them the sum of 20 l. by the year at the two most usual Feasts in the year that is to say the Feast of c. by even portions to be paid during the said term or within fourteen dayes next after every of the said Feast-dayes and the first payment to be had and made upon the Feast-day of c. and the same payments to be yearly had and made in manner and form aforesaid at or within the now dwelling-house of the said A. situate c. and also upon condition that he the said R. C. shall from time to time during his natural life find give and provide unto the said A. and the said Alice his Wife and to all such Children as shall between them begotten competent sufficient and convenient Meat Drink House-room and Lodging within his said Mansion-house and after the decease of the said R. C. the said Parties above-mentioned and the Heirs of the longest liver of them shall stand and be seized of all and singular the said premises with their and every of their appurtenances to the use and behoof of the said A. and of the said Alice his Wife and of the Heirs of their two Bodies between them lawfully begotten and to be begotten and for default of such Issue to the use and behoof of R. C. one other of the Sons of the said R. C. and of the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use and behoof of W. C. one other of the Sons of the said R. C. and the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use of the said R. C. of his Heirs and Assigns for ever R. C. covenanteth that he is lawfully seized hath power to grant that the premises shall remain free from Incumbrances proue usual A settlement by Fine and Recovery of several Mannors Lordships c. for the raising of Moneys for payment of Debts and Childrens portions as also for entailing thereof under several Provisoes and Legacies THis Indenture Tripartite c. between the Right Honourable Edward Lord Herbert and Richard Herbert Esq Son and heir apparent of Dame Mary late wife of the said Edward Lord Herbert and sole Daughter of Sir William Herbert of St. Julians in the County of Monmouth Knight deceased of the first part the Right Honourable John Earl of Bridgewater and Edward Herbert of the Inner-Temple London Esq of the second part and Moses Loyd of c. and Henry Githins of c. of the third part witnesseth That whereas the said Edward Lord Herbert or some in trust for him is or are seized in his or their Demeasn as of Fee of some part of the Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the courtesie of England of the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion thereof in Fee-simple being descended by and after the decease of the said Mary unto the said Richard Herbert now to the end that the Mannors Lordships Messuages Lands Tenements and other Hereditaments hereafter mentioned and expressed may be established vested and setled unto the said Edward Lord Herbert during his natural life and after his decease upon the said Richard Herbert and upon his name stock and posterity and to such other uses intents and purposes as are hereby appointed it is covenanted promised granted condescended concluded and agreed by and between the said parties to these presents and the said Edward Lord Herbere and Richard Herbert do for themselves their Heirs Executors Administrators and Assigns covenant promise and grant condescend and agree to and with the said John Earl of Bridgewater and Edward Herbert their Heirs Executors Administrators and Assigns and to and with every of them by these presents that they the said Edward Lord Herbert and Richard Herbert shall and will on this side and before the end of Michaelmas Term next ensuing and coming after the date of these presents in due form of Law and at the equal costs and charges in the Law of the said Edward Lord Herbert and Richard Herbert levy and acknowledge to the said Moses Loyd and Humphry Githins and the Heirs of the said Moses one or more Fine or Fines sur conuzance de droit come ceo c. with Proclamations thereupon to be had and made according to the form of the Statutes in that behalf made and provided of all that Capital Messuage or Mannor-house of St. Julians with the Rights Members and Appurtenances thereof and of all and singular the Mannors Lordships Messuages Lands Tenements and Hereditaments whatsoever of them the said Edward
demised granted set and to farm-letten and by these presents do c. unto the said H. T. all that their Burgage Messuage and Tenement with the appurtenances scituate lying and being in P. aforesaid upon the East-side of a certain Close there commonly called the c. late in the tenure of c. and also all that Shop c. and all and singular other the Houses Edifices Buildings Barns Stables Shops Rooms Losts Folds Courts Yards Back-sides Curtillages Commons Common of Pasture and Turbury wayes Waters Easements Liberties Profits Commodities Emoluments Advantages and Appurtenances whatsoever to the said Messuages Burgage or Tenement or Shop or any of them or any part or parcel thereof belonging or in any wise appertaining or heretofore c. To have and to hold the said c. to the said c. from and after the end and expiration of one Lease heretofore made c. of the said premisses unto J. T. late Father of the said H. T. for the term of c. yielding and paying therefore yearly during the said term unto the said Bayliffs for the time being and their Successors to the use of the said Mayor Bayliffs and Burgesses and their Successors the annual or yearly Rent of c. at the Feast of c. only during the said term or within c. next after the same if it be lawfully demanded either by publick notice or otherwise for all manner of Rents Boons Duties Sutes Services and Demands whatsoever and if it shall happen the said yearly Rent of c. that then and from thenceforth it shall be lawful to and for the said Mayor Bayliffs and Burgesses theirs c. into the said demised premisses c. and the distress or distresses c. until such time as the said Rent c. be fully satisfied and paid unto the said Mayor Bayliffs c. and if no sufficient distresse may or can be found in and upon the said demised premisses or any part thereof to satisfie the said Rent with the arrerages thereof or that the said Bayliffs for the time being be interrupted or hindered to distrain for the same that then and from thenceforth it shall and may be lawful to and for the said Mayor Bayliffs and Burgesses their Heirs and Successors or any of them into the said demised premisses or any of them with the appurtenances to re-enter and the same to have again re-possess and enjoy as in c. this present Indenture or any thing c. Covenant for reparations and to leave it so Proviso That in case of non-payment of the Rent or if the premisses shall be assigned to any person not dwelling or inhabiting within the said Burrough or Town and who is not a free Burgess of the said Town that then and from thenceforth c. Provided further and upon this condition That if it shall happen the said H. T. to dye without issue male of his body lawfully to be begotten before the commencement of these presents and before the payment of c. being the consideration agreed upon to be paid for the same then if R. T. of c. or the issue male of his body lawfully begotten or J. T. or the issue male of his body lawfully begotten do pay to the said Mayor Bayliffs and Burgesses for the time being their Heirs and Successors the said sum of c. in manner and form as aforesaid and also 20 l. to the issue female surviving of the said H. T. if there be any such then living within one year then after their or either of their entry that then and from thenceforth the said R. T. shall be interessed in these presents to him and the heirs males of his body lawfully begotten and for default of such issue to the said J. T. youngest brother of the said H. and of the heirs males of his body lawfully begotten he the said J. T. or his issue male paying the said sum of c. to the said Mayor Bayliffs and Burgesses and the said sum of c. to the issue male of the said T. H. in such manner and form as is herein expressed limited and appointed and for default of such issue then to the Heirs and Assigns of the said H. during the residue of the said term In witnesse c. A Lease for Three Lives with a Letter of Attorney to take and give possession THis Indenture made c. between c. witnesseth That the said c. for and in consideration of c. doth demise c. all that his Messuage and Tenement with the appurtenances and all and singular Shops Cellars Sollers Chambers Rooms Entries Wayes Yards Back-sides Lights Easements Profits and Commodities whatsoever to the said Messuage or Tenement belonging or appertaining or to or with the same used occupied or enjoyed late in the tenor c. scituate c. Habend the said Messuage or Tenement and other the premisses with the appurtenances to the said c. and to his Assigns for and during his natural life the remainder thereof to the said F. his Wife and to her Assigns for and during the term of her natural life Yielding c. during the said term or estates and every or any of them unto the said J. his Heirs and Assigns the Rent of c. at the c. by even and equal portions and yielding and paying therefore also unto the said J. his c. for and upon any alienation demise or grant of the premisses or of the greater part of them and for and upon any change of Tenant or Tenants of the premisses during the said term or estates or any of them the Summe of c. toties quoties for every change alienation or demise in the name of a fine for alienation the same fine or fines to be paid to the said c. at the Messuage or Tenement aforesaid within the space of c. next ensuing the first of the Feasts aforesaid which shall next come or happen to be after any such alienation c. of the premisses or the greater part thereof A Covenant that they the said H. P. his Wife and S. their c. or some of them shall or will at or before the c. expend disburse and lay out in upon or about the building repairing strengthening or bettering of the said Messuage or Tenement with the appurtenances and other the demised premisses the Summe of c. at or before the Feast of c. Provided alwayes That if it shall happen the said yearly Rent of c. or the said fine or fines that shall grow due c. at any time during the life of c. to be behind and unpaid in part or in all by the space of c. next after c. or if the demised premisses or any part thereof shall be in decay or unrepaired by the said space of c. next after notice given that then the estate of the said H for and during his natural life shall
A.B. of C. in the County of D. Gent. send Greeting Know ye That I the said A.B. the undoubted Patron of the Parish Church of E. in the County of F. for good considerations me thereunto moving have given and granted and by these presents do give and grant unto C. F. of J. in the County of K. Gent. the first and next Advowsonâ— Nomination Donation Collation Presentation and free Disposition of the aforesaid Rectory of E. in the said County of F. with 〈◊〉 â—is rights members and appurtenances whatsoever when it 〈…〉 void either by death resignation or otherwise In witness whereof c. THE Fourth Part OF THE CLERKS GUIDE BEING An Addition of FINES and RECOVERIES with the manner how to levy or suffer them to limit the Uses thereof And how they shall operate AS ALSO Of Mortgages Judgments and the like how to extend them With Forms of every matter therein of Use By Tho. Manley of the Middle Temple London Esq LONDON Printed by John Streater H. Twyford and E. Flesher Assigns of Richard Atkyns and Edward Atkyns Esquires M.DC.LXXII Cum Gratia Privilegio Regiae Majestatis The Premonition THe former Three Parts have it's true been heretofore Printed but not in the Method they are now presented being purged from many Errors and needless Repetitions however we will not take from the Authors their deserved praise but upon this Review finding somewhat wanting this Fourth Part intends to supply that defect for there is scarce any thing therein set forth which is not the ordinary practice of a well skilled Plebeian but in this we shall give you the particulars of Deeds and Assurances of Record not only the Forms and Presidents but the nature and manner how to proceed therein which is not common but to well practised Clerks And although it may not be absolutely perfect upon the first Essay yet it may answer beyond expectation there never having been any promise of Additions PART IV. Of a Fine A Fine being of all kinds of Settlements of the greatest Force and Antiquity is sometimes called Compositio amicabilis but more usually finalis Concordia and is so termed as the Lord Coke holds Quia finem litibus imponit And so indeed it did antiently for after some contention had been about a thing by Suit the Parties agreeing who should have it a Fine was levied and so there was an end of the matter but is now of more common use because a man thereby may convey his Lands to another in Fee-simple Fee-tail for life or years and that with a Reservation of Rent also Co. Inst 2. Part 511 514. And any person that hath a Capacity to take by the Grant of a Deed and may be a good Grantee in a Deed such person may be a good Conusee in a Fine and may thereby have and take the thing granted And may be levied of all things whereof either a Praecipe quod Reddat a Praecipe quod faciat a Praecipe quod Permittat or a Praecipe quod Teneat lyeth And the order of proceeding in suing it out is thus First an Original is sued forth which may be either a Quid juris clamat Per quae Servitia De Rationabilibus divisis Writ of Right Patent or Close Warrantia Chartae De Consuetudinibus or any Writ of Right But the usual Writ at this day is a Writ of Covenant And although by the common course they use to take out a Dedimus Potestatem and to have the Conusance of a Fine before any Original sued forth yet the Original is alwayes supposed iâ— Law to precede the Dedimus and therefore doth and must bear Teste before it or it will be erronious Then there is a Praecipe drawn and the Concord and Agreement of the Parties both which are to be fairly written in Parchment After this the Conusor or Conusors of the Fine are to come in person before the Judge or Judges authorized to take the Conusance of Fines who are to take notice of the persons that there be no Infants Ideots or Madmen among them nor any Feme Covert for if there be such a Woman the Judges or Commissioners are to examine her privately and apart Whether she be free and willing to do it without any constraint of her Husband Then she with the rest of the Conusors declare publikely their consent and to subscribe their Names or Marks to the Concord And if it be by Dedimus Potestatem it must be returned and certified under the hands and seals of the Commissioners into the Common Pleas that it may there be recorded and finished Which done the Conusee must compound with the King for his License and the money paid thereupon is called the Kings Silver and of this an Entry must be made on the back of the Writ of Covenant Then it must be enrolled by the Custos Brevium and upon that Roll the Proclamations are to be indorsed And thence carried to the Chirographers who make a Note thereof commonly called The Note of the Fine And then enter it upon Record ingross it and make and deliver the Indentures thereof to the Conusee And if it be a Fine with Proclamations it must be proclaimed openly in the Common-Pleas once every fourth Term then next following And the next Term after the engrossing the contents thereof are to be recorded in a Table made for that purpose to be set up in the Court of Common-Pleas at Westminster in an open place all the Term time and so at every Assises The Fine also if the Parties please may be enrolled and exemplified Presidents of Concords And first of the Praecipe Surr. ss Praec A. B. Mil. Quod juste c. ten C. D. Conven c. de Manerio de S. cum pertin in H. J. K. et nisi c. ac de viginti Messitagits duabus Salinis sex cottagiis here mention the true particular of the Parcells according to their severall Natures and Qualities with the numbers of Acres c. And thus you must vary them according to your best Judgments The Concords themselves are either Single or Double some Presidents of single Concords follow ETâ—est Concordia talis sc quod praedict A. recognovit tenementa praedicta cum pertin esse jus ipsius B. ut illa quae idem B. habet de dono praedict A. et illa remisit et quiet clam de se et haeredibus suis praedicâ— B. et haeredibus suis in perpetuum Et praeterea idem A. concessit pro se et haeredibus suis quod ipse warrant praedict B. et haeredibus suis praedicta tenementa cum pertin contra praedict A. et haeredes suos in perpetuum Et pro hac c. Of a Reversion after the death of Tenant for life ET est Concordia talis sc quod praed R. recognovit tenementa praedict cum pertin esse jus ipsius F. et concessit pro se et haeredibus suis quod praedicta tenementa quae F. M. et