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

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Title
The perfect conveyancer: or, Severall select & choice presidents such as have not formerly been printed. Collected by four several sages of the law. Edward Henden, Knight; late one of the barons of the Exchequer. VVilliam Noy, Attourney Generall to His late Majestie. Robert Mason, sometime recorder of London. And Henry Fleetwood, formerly reader of Grayes-Inne. Wherein are contained many excellent examples and instructions touching the manner and method of conveyances; usefull for all persons, that are professors in the law, and desire to be rightly and judiciously informed. With an exact table for the readers more ready recourse to any the particulars contained therein.
Publication
London :: printed by F.L. for George Thompson, at the White Horse in Chancery-lane, near Lincolns-Inne,
1655.
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Subject terms
Conveyancing -- Great Britain -- Early works to 1800.
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http://name.umdl.umich.edu/A54332.0001.001
Cite this Item
"The perfect conveyancer: or, Severall select & choice presidents such as have not formerly been printed. Collected by four several sages of the law. Edward Henden, Knight; late one of the barons of the Exchequer. VVilliam Noy, Attourney Generall to His late Majestie. Robert Mason, sometime recorder of London. And Henry Fleetwood, formerly reader of Grayes-Inne. Wherein are contained many excellent examples and instructions touching the manner and method of conveyances; usefull for all persons, that are professors in the law, and desire to be rightly and judiciously informed. With an exact table for the readers more ready recourse to any the particulars contained therein." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A54332.0001.001. University of Michigan Library Digital Collections. Accessed June 2, 2024.

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A grant by the Stewards of liberties, to certeine per∣sons, to be their Bayliffes, and to collect all issues, Fines, and amerciaments, &c.

TO all Christian people to whom this present writing shall, come, T D. of Graies Inn, in the County of Mid. Gentle∣man, and W B. of H. in the County of York Gent. sendeth gree∣ting in our Lord God everlasting. Whereas George &c. by his In∣denture bearing date &c. and signed by him the said I, and under his seale hath granted the Stewardship of all and singular his li∣berties within the County of York together with all and singu∣lar the appurtenances thereto belonging, unto the said T D. and W B. for the term of their naturall lives, and the longer liver of them, as in and by the said Indenture remaining of Record in the Court of Exchequer amongst other things it doth and may appear. Now Know ye that we the said T D. and W B. for divers good causes and considerations us thereunto especially moving, have authorized nominated, deputed, constituted, and appoin∣ted, and do by these presents authorize, nominate, constitute, appoint our well beloved W A. and W C. within the said Coun∣ty of York my Bailiffes, of all and singular the said Liberties of the said G. &c. within the said County, and to execute the Of∣fice of Bailiffes, within the said Liberties, and to receive, collect, and gather all and every such issues. Fines, ameriaments, sum and sums of money, as shall at any time, arise, grow due, or ac∣crue unto the said G. &c. or unto us the said T D. or W B. within all or any of the said Liberties, within the said County of York, the said W A. and WC. giving unto the said G. a just accompt of all such sum or sums of money, which they or either of them shall so receive within three moneths after they have received the same and to doe and perform all and every such other thing and things whatsoever, belonging and appertaining to the Of∣fice of Bayliffs, within the said liberties, ratifying and establi∣shing

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by these presents, all and all manner of lawfull and reaso∣nable act and acts thing and things whatsoever, as they the said W A. and WC. shall do in the premises within the said Liberty as aforesaid, or for the due execution of the same, in as large and ample manner, as if we the said T D. W B. were present in our per∣sons for the acting or doing thereof. In witnesse whereof we the said T D. and W B. have hereunto put our hands and seals, the 18 day of July, in the yeare of our Lord God, &c.

A bargaine and sale to the, &c. of a Prebend, &c.

THis Indenture made the, &c. Between, &c. on the one par∣ty, and Sir I M. Knight, on the other party, Witnesseth, That the said Sir I M. Knight, for certaine causes and conside∣rations him especially moving hath bargained, sold, given, gran∣ted, and assured, and by these presents doth fully and clearly bar∣gaine sell give and grant unto, &c. all that his Prebend of T. in the County of S. with all and singular his rights, members and appurtenances, And also the advowson gift, presentation, colla∣tion, and right of patronage of the same prebend, which said prebend the said Sir I M. lately had to him and his heires for ever of the gift and grant of, &c. as by his Letters Patents there∣of made under the Great seale of England, bearing date, &c. to the said Sir I M. amongst other things more plainly appeareth. And also all and singular his Lordships, Mannors, Messuages, Houses, Buildings, Lands, Tenements, Meadowes, Leases, Pa∣stures, Rents, Reversions, Services, Woods, Underwoods, Perso∣nages, Chappels, Advowsons, Glebelands, Tithes, Oblations, Obventions, Pensions, Portions, Fruits, Profits, Commodities, Emoluments, and Hereditaments whatsoever, with their Ap∣purtenances whatsoever,* 1.1 as well spirituall as temporall, of what kind or nature sover they be, or by whatsoever names they be called or known, set lying and being, comming, growing or re∣newing in the Towns, Fields, Parishes, or Hamblets of T and R. in the said County of S. and in I. in the County of W. and elsewhere in the said Counties, or in either of them, or within the Realm of England, in any manner of wise belonging or ap∣pertaining. And further the said Sir I M. by these presents bar∣gaineth and selleth unto our said Soveraigne Lady, all the rents.

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and the yearly profits whatsoever reserved upon all Leases or grants made of the premises, or of any part or parcell thereof, together with all and al manner of Letters Pattents, Deeds, Evi∣dences, Charters, Court-Rols, Terrets, Esripts,* 1.2 Indentures, Lea∣ses, Writings, and minuments concerning only the said Pre∣bend Lordship, Mannor, Messuages, Lands, Tenements, and o∣ther the premises, or only any part or parcell thereof, and as ma∣ny of the same Letters Patents, Evidences, Deedes, Charters, Court-Rols Rentals, Terrers, Esripts, Indentures, Leases, Wri∣tings and minuments as now be in the hands or custody of the said Sir I M. or of any other person or persons to his use, and which he may conveniently get or come by, without sute in Law for the same Sir I M. Covenanteth and granteth by these presents to deliver or cause to be delivered into the Court of Exchequer, or to such other place or places, as by the Treasurer and Barons of Officers of the said Court of Exchequer, or any of them, shall be appointed, to the use of, &c. at or before the Feast of Easter next comming after the date of these presents; And also all and singular other evidences, writings, and minuments concerning only the premises, or only any part or parcell there∣of, which at any time after the said Feast shall chance to come to the hands or possession of the said Sir I M. or his heirs, the same Sir I M. covenanteth and granteth, to and with, &c. by these presents, to deliver or cause to be delivered into the said Exchequer, or into such other place as shall be appointed in form aforesaid, to the use of, &c. from time to time as the same shall chance to come to the hands or possession of the same Sir I M. or of his heires; To have and to hold the said Prebend,* 1.3 Lord∣ship, Mannor, and all and singular the said messuages, lands, tene∣ments, Meadows pastures Leases, rents, reversions, services, ad∣vowsons, and other the premises, with all and singular their ap∣purtenances, to &c. and assignes for ever to the only use and be∣hoofe of the said &c. and assignes for ever. And the said Sir I M. Covenanteth and granteth, to and with, &c. that the same Sir I M. is very true owner in fee simple of & in the premises & hath ful power and authority to bargaine and sell the same unto, &c. inform aforesaid. And also the said Sir I M. Knight,* 1.4 covenanteth and granteth for him and his heires, to and with the said, &c. by these presents, That the same Prebend, Lorship, Mannor, lands,

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tenements, and other the premises, now be of the yearly value of thirty three pounds, or thereabouts &c.

A Lease of a Prebend.

THis Indenture made &c. between I S Esquire, of, &c. in the County of Sussex on the one part, and F E. Esquire on the other part, Witnesseth, that the said I S. hath demised, granted, and to form set and let and by these presents demiseth granteth, and to farme setteth and letteth unto the said F E his heires, executors and assignes all that his prebend or site of Colivorth aforesaid, with all rents, services lands leases, and pastures, to the said prebend, site, or farm belonging or appertaining, and all fines, herriots, wards, marriages, reliefes, mutures, estates, and tythes perquisites of Courts ameriaments, escheates, Courts, Court-Barons, emoluments waters pischiaries fishings, and all other Royalties, commodities, profits, advantages; liberties, free∣domes, and easements whatsoever they be now or at any time hereafter, to the said prebend, site or Farm of C. aforesaid be∣longing, or in any wise appertaining, To have and to hold the said Prebend, scite or farm of C. aforesaid, with all and singular their appurtenances thereunto belonging, as is afore particularly and severally rehearsed and declared, to the said F E. his heires, executors, & assigns from the Feast of the Anuniation of our Lady, next comming after the date hereof, to the end & term of fourscore years, from thence next and immediately following, & fully to be compleat and ended yielding and paying therefore yearely unto the said I S. and to his successors during the term aforesaid, 18 l. of lawfull money of England, at two times in the yeare that is to say, at the Feast of the anunciation of our Lad, and St Michaell the Arhangell, by even portions.

And if it fortune the said yearly rent of 18 l. or any part or parcell thereof,* 1.5 to be behind and unpaid, to the said I S. or his successors, at any time or times during the term aforesaid, by the space of 40 days, next after either of the said Feasts of paiment, at which it ought to be paid, the same being lawfully asked, re∣quired, and demanded that then it shall be lawfull for the said I S. and his successors, during the terme aforesaid, into the said prebend, scite or farm of C. aforesaid, and into every part and member of the same to enter and distraine, and the distresse so there taken, by the said I S. or his successors, during the teme

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aforesaid, to lead, carry, and drive away, and then to withhold, untill the said yearly rent of 18 l. with the arrearages of the same so behind, if any be, be to the said I S. and his successors du∣ring the terme aforesaid, fully satisfied,* 1.6 contented and payd.

Provided alwaies, that the said I S. and his successors, during the term aforesaid, shall sustein, uphold, maintain and keep the said Prebend, sire, or farm, and all other edifices, and buildings thereunto belonging, in all manner of necessary reparations, up∣on his or their own cost and charges, so oft as it be needfull, du∣ring the term aforesaid; In witnesse whereof, &c.

This Lease is confirmed both by, &c. and his, &c.

A Condition of an Obligation, to make a Release.

THe Condition of this Obligation is such, that whereas the above bounden L P. and F. his wife, have by their Inden∣ture of covenant bearing date with these presents, together with E O. widdow, and G C. Yeoman, and E his wife, A O. S O. and M O. covenanted and agreed to levy and acknowledge un∣to the above named A W. and his heires, or to such person or persons as the said A W. his executors or assigns shall nominate or appoint, one fine in due form of law of and concerning one capitall messuage &c. with their appurtenances, conteining by estimation, &c. lying, &c. and now in the possession of the said E O. or her assigns, unto the only use and behoofe of the said A W. his heires, and assigns, and of 7 other messuages, &c. with the appurtenances, lying, &c. to the use and behoofe of the said E O. and her assigns, for and during her naturall life, and after her decease then to the only use and behoof of the said A W. his heirs and assignes, with this proviso, or upon condition therein conteined; that he pay certaine sums of money, as by the said In∣denture more at large appeareth. If therefore the said A W. his heirs and assignes shall and may for ever hereafter, quietly and peaceably have, hold, occupy, possesse, and enjoy the said capitall messuage, &c. with their appurtenances, now in the possession of the said E O. or her assignes, of and from all charges, troubles and incumbrances whatsoever, had made or done by the said L P. and F. his wife, and the survivor of them, and the heirs and assignes of them shall, at such times as the said A W. his heirs or assignes shall pay unto them, or any of them, the sum of mony to them limited to be paid, by and according to the tenor and ef∣fect

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of the proviso in the said Indenture conteined, seale and de∣liver, one sufficient release or discharge in writing, testifying the receipt of the said monies, the said release of discharge being then made and tendred unto them by the said AW. his heires, or assignes, and if that ever after the paiment of the said mony to the said L P. and F. his wife, and either of them, And also if he the said L P. and F. his wife, or either of them, their executors, or assignes, according to the purport and effect of the said provi∣so, he the said A W. his heires, and assignes, shall and may quiet∣ly and peaceably, have hold, occupy, possesse, and enjoy the said other seven messuages, &c. with their appurtenances, discharged. of, and rom all charges troubles, and incumbrances whatsoever had, made or done by the said L P. and F. his wife, or the sur∣vivor of them, or the heirs or assigns of either of them, That then &c. Or else, &c.

An Indenture of Covenants upon Marriage with extraordinary Covenants therein contained.

THis Indenture made &c. between W M. of &c. and E M. of, &c. of the one part, and E M. of, &c of the other part, Wit∣nesseth, that for,* 1.7 and in consideration of a Marriage of late had and solemnized between the said E M. and E his now Wife, Daughter of the provisoes, Articles, and Agreements, that passed and were made upon the conclusion of the same Marri∣age, and for reducing of the same into Covenants; and also for the more security for conveying and assuring of a competent Jointure to and for the said E. of the inheritance of the said W. and E M. to be and remaine to the severall uses intents, and pur∣poses hereafter and herein declared; and for diers other good, just, lawfull and reasonable causes, respect, purposes, and conside∣rations, the said parties hereunto especialy moving: It is cove∣nanted granted concluded, confirmed, condescended, determi∣ned and agreed by, and between the said Parties to these pre∣sents for themselves, their heirs, &c. and to the effect and form following, viz. First, the said W. and E M. for themselves, their heires,* 1.8 &c. do covenant, grant, and promise to, and with the said E M. his heires &c. by these presents. That the said W. and E M. or either of them and their heirs, and the heirs of either of them shall and will at all times hereafter, and from time to time at and

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upon the reasonable request, costs, and charge in the Law of the said E M. his heires, &c. make seale, deliver, knowledge, perform, perfect and execute, and cause and procure, and suffer to be made, &c. unto such person and persons as by the said E M. his, &c. thereunto nominated and appointed all and every such E∣state, Fines, Feoffments, conveyances, acts things, devises, and as∣surance in the Law as by the said E M. his heires, &c. or his or their learned Councell shall be devised orrequired for the assu∣ring, conveying, passing, and sure making of all and singular those messuages Lands, Tenements, and Hereditaments,* 1.9 cumpertinen∣tiis, in, &c. To have and to hold the said Messuages &c. unto the said Person or Persons to be named and appointed as aforesaid, and his or their heires or assignes to the severall uses intents and purposes, and upon, with and under the provisoes and limitations hereafter in these presents expressed and declared, and to none o∣ther use, intent, purpose,* 1.10 limitation or meaning (that is to say) It is covenanted, granted, condescended, concluded and agreed by & between the said parties to these presents for themselves their heirs &c. and it is their full meaning, agreement, purpose and in∣tent. That the said Estate, Fines, Feoffments, conveyance, and assurances for and touching, &c. shall be, and the said person or persons to be named and appointed as afore aid, and his or their heirs or assignes shall stand and be thereof seised to the use and behoof of, &c.* 1.11 And the said W M. and E M. for them their &c. doe Covenant, &c. and either of them for and by himselfe his heires, &c. That they the said W M. and E M. and either them, or one of them at the making and executing of the said conveyan∣ces and assurances are true, lawfull, and perfect Owner of the said messuages lands tenements and hereditaments, cum pertinent is; and are thereof lawfully seized in possession of an absolute Estate in Feesimple, Fee-taile, or the one of them and are thereof seised in possession for term of his life, with the immediate reversion or remainder thereof over to the other of an estate of Inheritance, & shall then have ful power, right title & authority to pass, con∣vey, & assure the premises, cum pertinentiis, to the uses, & accor∣ding to the effect aforesaid.* 1.12 And that they the said W M. & E M. and either of them their heires, &c. shal and wil at al times here∣after acquit and discharge, or otherwise, from time to time upon reasonable notice and request fully and sufficiently save harmless

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aswell the said messuages, &c. as also such person or persons to whom any use or estate is before by these presents limited or appointed of, for, from, touching and concerning all and all man∣ner of bargains, sles, guifts, grants, fines, feoffements, estates, en∣tailes recoveries, executions, limitations, presente contingente, and future uses, statutes, recognizances, judgements, rents, charges, troubles, leases, extents, entrusions, issues liveries forfeitures ex∣ceptions. And that he the said E M. and E. his wife,* 1.13 and the said E M. and his heirs, and the said severall sons the heires of their severall bodies lawfully to be begotten, and all and every other their heire and heires to whom any use or estate is by these pre∣sents before mentioned, intended, limited, appointed or decla∣red shall and may quietly and peaceably, have hold, occupy and enjoy the faid premises, cum pertinentiis, according to the uses and true meaning before declared, and the assurances hereafter to be made and passed in that behalfe without any let, sute, vexati∣on, hinderance, expulsion, eviction, interruption or trouble of the said W.M. or his heires or assignes, or of any other person or persons lawfully claiming from, by, or under him or them, or by his or their means, assent commandements, or procurement, (Exceptions) And that the said W. and E M. nor either of them,* 1.14 shall not at any time or times hereafter make, do, attempt assent unto, knowledge, execute, or willingly suffer any manner of e∣state, conveyance, assurance, act, thing, matter or device whatso∣ever, whereby, or by reason, whereof the uses and estates before declared, or any of them for and touching the said Lands and Te∣nements, or any part or parcell thereof, shall and may be discon∣tinued cut off, debarred, overthrown or made void, or whereby the said E. or any of the said sons or any heire of any of their bo∣dies lawfully begotten, or the heire of the body of the said E M. upon the body of the said E. lawfully to be begotten, or the said E M. or his heires, shall or may by any means be defeated, de∣frauded, excluded or disinherited of the premises, or any part or parcell thereof, or of any use or estate hereby to him or any of them appointed, limited or intended to be contained or menti∣oned in any of the said conveyances, or assurances, contrary to the true meaning of these presents, or whereby or by reason where∣of the said W M. and E M. or any of them shall or may in any sort or degree be disabled perfectly, sufficiently and surely to

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make passe, convey and assure the said Messuages, Lands, and Te∣nements, or any part or parcell thereof, according to the uses, limitations and true meaning of and in these presents ex∣pressed and declared. And the said W M. and E M. for them,* 1.15 their heires, &c. and either of them for and by himselfe, his heires, &c. do and doth in consideration of the said Marriage, and for and in consideration of the said naturall love, good will, zeale and fatherly affection which the said W M. hath and bea∣reth towards the said E M. and for the conveying and assuring of the said Jointure and for the establishing setling and assuring of the said Messuages, Lands and Tenements, cum pertinentiis, to the severall uses, behoof and purposes before herein expressed and declared, and for and in respect of divers other good causes and considerations them especially moving, grant, covenant and promise to and with the said E M. his heires, &c. That if or in case the said Messuages, Lands and Tenements, or any part or parcell thereof shall happen not to be by good and sufficient conveyance and assurance in Law sufficiently conveyed passed and assured to the uses intents, behoofs and purposes aforesaid within the space of &c. next ensuing the Date hereof; That then and from thenceforth the said W. and E M. and either of them and their heires and assignes, and the heires and assigns of either of them, and all and every other person and persons that then shall stand and be seised of, and in such and so many of the pre∣mises as shall not be sufficiently and perfectly conveyed, passed and assigned to the uses aforesaid shall stand and be thereof sei∣zed to such severall uses, respects, purposes, limitations and in∣tents, and under such provisoes and conditions as are before by and in these presents limited, expressed, appointed and declared for and touching the same, according to the true meaning of these presents:* 1.16 Provided alwaies a ditis granted concluded condescended determined and agreed by and between the said parties to these presents for themselves their heires &c. And it is also their full meaning agreement purpose and intent, That if the said E. shall happen to decease and depart this life before her full age of 24 years without any issue of her body of, and by the body of the said E M. lawfully begotten then living, or in case she have the issue living, if the same issue happen to decease and depart this life before such time as the said E. if she had lived

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should have accomplished the said age of, &c. That then and from thenceforth the uses before herein declared and expressed for and touching the said Messuages, Lands, and Tenements, cum pertinentiis, by and in these presents limited and appointed tobe conveyed to and for the Jointure of the said E. shall utter∣ly cease, determine and be void to all intents and purposes. And that then and from thenceforth, and at al times after the said estates feoffment, conveyances and assurances for and touching the said Lands and Tenements, cum pertinentiis shall be, and shall inure, and the said Person or persons to be named and appoin∣ted, as aforesaid, and his or their heires and assignes shall stand and be thereof seized to the use and behoof of the said E M. and his heires, untill the Feast of &c. that the said W M. his heirs &c. shall well and truly pay, content and satisfie unto the said E M. his &c. at his now dwelling house situate &c. the sum of, &c. without fraud or covin, and that from and after such paiment, the same appointed estates, feoffments, conveyances and assuran∣ces for and touching the premises limited and appointed to and for the Jointure of the same E shall be, and the said person and persons to be nominated and appointed as aforesaid, and his and their heirs and assignes shall stand and be thereof seized to the use and behoof of the said W M. and E M. and their heirs and assignes for ever. Anything in these presents contained or to be contained in the same estates, feoffments, conveyances and assu∣rances, or any of them to the contrary thereof in any wife not∣withstanding: Provided alwaies,* 1.17 and it is neverthelesse fully con∣cluded, condescended and agreed by and between the said par∣ties to these presents, and every of them. That if the said V G. W. G. and R G. or any of the heires of the body of the said E M. lawfully begotten shall at any time or times hereafter willingly, advisedly, or actually attempt, or go about to commit or do, or cause to be done any act or acts, thing or things whatsoever of the said Mannors &c. to be assured or conveyed or any part or parcell thereof, whereby, or by means whereof any estate, use or possession above in these presents, limited or expressed, for any of them shall or may be in any wise discontinued, impeached, char∣ged, hindered, cut off, barred or extinguished, contrary to the intent and true meaning of these presents, except such act and acts, thing and things as are in or by these presents mentioned,

Page 249

licensed, limited or permitted, and except the lawfull and reasonable Dower of such woman or women as are, or shall be, his or their lawfull wife or wives, That then immediately, and from and aftere∣very such attempt of the said V G. W G. or R G. or any of them, or any of the heires males aforesaid the estate, use remainder and pos∣session of such of them as so shall willingly advisedly and actually at∣tempt, go about, doe commit, or cause to be done any such act or acts, thing or things, shall cease and determine of, and in, and for such part onely of the said Mannors, &c. whereof any such attempt or going about shall be had or made, as is aforesaid, as though such person or persons so attempting, or going about were naturally dead; and that, yet neverthelesse, all other several uses estates and remain∣ders now by these presents limited, and expressed of, and for the same, shall stand and be of and in the same, and in the like sort as if such person or persons so attempting, or going about were dead: And, that then and from thenceforth the said conveyance and assurance shall be, and the said Feoffees and their heirs, and all other persons to whom any such conveyance or assurance as is aforesaid, shall be had or made, and their heires shall stand and be seized of, for and concerning so much, and such parcell onely of the said Mannors, &c. so to be conveyed and assured, whereof any such attempt or going about shall be had or made to the use and behoof of such o∣ther person and persons, as should or ought to have the same by the intent and true meaning contained in these presents, next after the death of the said person or persons so going about or attempting in such sort and manner and of such estate and estates as is aforesaid li∣mited, and as he or they should or ought to have the same if the said person or persons so attempting or going about to doe any act or thing were then dead: Any thing in these presents contained &c. notwithstanding. Provided also, that if the said V G. or any of the Sons of the said V G. lawfully begotten,* 1.18 or any other which then shall be heir apparent of the said V G. shall in the life time of the said V G. marry or take a Wife, or contract Marriage without the con∣sent of the said V G. first had and obtained in writing, That then the estate, use remainder and possession of every such person and persons so marrying and contracting shal cease, determine, and be void as though such person and persons so marrying or contracting, were naturally dead. And that yet neverthelesse all other the severall uses, estates and remainders now by these presents limited and expressed of and for the said Mannors, &c. shall stand and be of and in the same, and the like sort, as if such per∣son and persons so marrying and contracting were dead, and that

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the said conveyance or assurance, and the said Feoffees and their heires and assigns, and all other persons to whom the said convey∣ance and assurance as is aforesaid shall be had or made, and their heires shall stand and be seized of, for and concerning the said Man∣nors &c. to be conveyed or contained in the said conveyance and assurance to the use and behoof of such other person or persons, as should or ought to have the same by the intent and true meaning of these presents, next after the death of the same person or persons so marrying or contracting in such sort or manner and form, and of such estate and estates as is before limited and as he or they should or ought to have the same, if the same person or persons so marry∣ing or contracting were then dead Any thing herein contained &c. notwithstanding.* 1.19 Provided alwaies and it is the true &c. that it shal and may be lawfull to and for the said V G. by his writing or wri∣tings indented sealed with his seale, and subscribed by him in the presence of three witnesses at the least or by his last Will and Testa∣ment in writing to be sealed and subscribed by him or published in the presence of three witnesses at the least, to give, grant, limit or appoint to every or any woman that is or shall be hereafter his lawfull wife, one annuall or yearly Rent not exceeding the sum of 100 l. by yeare to any such woman to be severally inssuing and grow∣ing out of the said Mannors, &c. so to be conveyed and assured, or any part thereof. Habend. the said annuall Rent to every or any such woman for term of her life, for, and in the name of her Jointure the same to be paied at the Feasts of, &c. yearly by even portions; the first paiment to begin at such of the said Feasts, as shall happen next after the decease of the said V G. Provided alwaies and it is in like man∣ner agreed,* 1.20 &c. ut supra, to give, grant limit and appoint unto A B. and his heirs, one other annuall and yearly rent, charge of 100 l. per annum to be issuing, and going out of the said Mannors, &c. to be conveyed or assured as aforesaid, or out of such part thereof, as shall be liable and sufficient to, and for the same. Habens. the said annuall rent of 100 l. to the said A B. and his heirs, under and upon such conditions, limitations trusts and confidence as hereafter is in these presents contained and expressed, the same to be paid at the Feasts a∣foresaid by even portions, and the first paiment thereof to begin at such of the said Feasts as shal happen next after the decease of the said V G. Neverthelesse it is the intent and meaning of the said Parties to these presents, That the said A B. and his heires shall have and re∣ceive of the said annuall rent of 100l. upon a speciall trust and con∣fidence,

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that he and his heirs, of, and with such sums of mony, as shall be had and received thereof, and thereby shall content and pay, or cause to be paid as well to every daughter of the said V G. upon the body of the said M. his wife, lawfully begotten, or hereafter to be begotten, which shall be living at the time of the decease of the said V G. and not married (except such as shall dy if they be married, the full sum of, &c. apiece for and towards their advancement and preferment in marriage, or o∣therwise, as also to such of the said daughters of the said V G. as shall be married in his life time, and whose marriage-mony agreed upon by him in his life time, shall be unpaid in part of the whole at the time of his decease, such sum and sums of mony as with such part of the said marriage mony which shall be paid in the life of the said V G. shall ex∣tend to be and for every such daughter 500l. apiece in the whole, the same to be first paid and discharged according to such Covenants, Bonds and agreements as shall be made by the said V G. in that behalfe, and then the other sums aforesaid to be leaied and paid to every other of the said daughters successively according to the order and priority of their age and birth. Provided,* 1.21 that if shall and may be lawfull to and for the said V G. by his deed or deeds Indented to be sealed with his seale, and lawfully executed to demise, grant, or let to farm all and every the said Mannors, &c. except to any Person or persons for 27 yeares, or three Lives or for 21 years, or under in possession only, and not in reversion or remainder, of for any term of years determinately, and to be determined upon two or three Lives; so that the antient yearly rent and service, or more, be reserved payable yearly upon every such demise and lease to have continuance during the terms thereof, and so that no such lease be made without impeachment of waste, by reason of any expresse words to be contained in the same. And it is condescended concluded and a∣greed upon by and between the said parties to these presents, and every of them,* 1.22 That the conveyance and assurance, and the said Feoffees and their heires shall stand and be seised of and in the said Mannors, &c. so to be charged, eased, and demised to the use intent, and purpose, That every such person to whom any such grant or rent shall be made, their heirs and assignes shall and may from time to time for non-paiment of the said sverall rents, enter into the said Lands and Tenements so to be charged and distraine for the same, and the arrearage thereof, as in case of a rent-harge, and also to the intent and purpose, that every such de∣mise and Lease shall be good and effectuall in Law according to the purport and effect thereof; So as the Leassees and their assigns do from time to time, and all times pay the rent and doe the service reserved

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thereupon,* 1.23 and perform the Covenants contained in the same Lease. Any thing herein outained, &c. notwithstanding. Provided alwaies that the said V G. shall and may by the license and assent of the said E M. under hand and seale of the same E M. or his heirs first had and ob∣tained in writing, alter, hange, repeale, and revoke the user or limitation before-mentioned, or any of them, and by the same, or afterwards, by any other con. eyane, limit or appoint such part of the said Mannors, &c. whereof of any such liense shall be had and procured to be to such uses and of and for such Estates, and for such person and per∣sons and his or their heires as the said V G. shall by writing Indened, sealed with his seale, and tubs ribed by him in the presence of three wit∣nesses at the least, shall de lare, limit, or appoint. And it is agreed by and between the said parties to these presents, that the said coneyanes shall be, and the said Feossees and their heires after such li ense had and obeined and such declaration, limitation and appointment, had and made to such uses and intents of such Estate and Estates, and of such Per on or Persons as by the said V G. shall be declared, limited or ap∣pointed in manner, and form aforesaid. Provided, that the said signifi∣cation or declaration, or any thing before expressed, touching or concer∣ning the altering, changing repealing, or revoking of the said uses or any of them, or the said premises, or any part thereof not withstanding, that yet neverthelesse all and every demise and demises, Lease and Lea∣ses in manner and form aforesaid to be made, shall stand and remain, and be in the severall force, strenghts, and effects, according to the true in∣tent and meaning of the said demise and Lease: Any thing, sc not with∣standing.* 1.24 Provided alwaies, and it is granted covenanted, and agreed by and between the said paties to these presents for themselves and their heires, That it shall and may be lawfull to nd for the said S. at all or any time or times hereafter during his ••••e ad pleasure either by his last Will and Testament in writing or by his Deed or Deeds in writing under his hand and seale, to give, grant assigne deise dispose or appoint the said Messuages, Lands, Tenements, Farms and Takings, or any part or part oparcell thereof (except) unto any person or persons, or his or their heirs, Execurors, or assigns, shall or may have take, receive or leavy of the rents issues, and profits, such sum or sums of mony as shall not in the whole exceed or surmount the sum of 200 l. or else untill such Feast of &c. in the which R S. the Son or the heirs male of his body lawfully to be begotten, and for default of such issue untill the heir of the said R S. the Father shall or will truely content and pay unto the said person or persons, or his or their heirs of Assignes, such sum or sums money

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not exceeding the laid sum of 200 l. at the most, as the said R S. the Fa∣ther shall by such Will, Deed, or Deeds, limit, expresse, or appoint. And the rupon it is covenanted granted, and agreed by and between the said parties to these presents for themselves and their heires, That the said estate and assurance for and touching the said Lands and Tene∣ments that shall be so given, granted, conveyed, assigned demised, dispo∣sed, or appointed as aforesaid, his or their heires, &c. according to the true intent and meaning of the said Will, Deed, or Deeds, untill such time as the said person or persons, or his or their heirs, Executors, or As∣signes, shall have, take, receive and leavy of the Rents, issues, and profits, such sum or sums of mony as shall be limited or appointed of the said R S. the Father or that the said Will, Deed or Deeds, or untill the Feast of &c. in the which the said R S. the Son or the heres males of his body lawfully begotten, or for default of such issue &c. shall wel and truly con∣tent and pay to such person or persons or his or their heires, &c. such sum or sums of mony as shall be limited or appointed by the said last. Will Deed or Deeds, according to the true meaning, intent and appoint∣ment of the same last Will Deed or Deeds, and from and after such time or times, as the said sum or sums of mony shall or may be le••••ed, re∣ceived, or had or otherwise paid and satisfied, in sort aforesaid the said estates for and touching the said Lands and Tenements wich shall be given, granted, conveyed demised, disposed or appointed, as aforesaid, shall be; and the said T J. &c. shall stand and be thereof seized to such uses, be hoose and purposes, and of such person, and in such Estate, sort, manner and form, as the same should have been, remained, des ended, re∣verted or come by, and according to the true meaning of these presents (if his present proviso had never been) Any thing, &c. notwithstan∣ding. Provided a waes &c. that, it shall be lawfull to, and for the said R. S the Father during his life by writing indented under seae, or by any other conveyance and assurance in writing, or by matter of record, to grant convey, appoint and assure unto or unto the use of such woman or woman, &c. or Jointure to these ond Wife. Provided also,* 1.25 &c. that i shall be lawfull to and for the said R S. the Father, at all and every time and times hereafter, and from time to time during his naturall life by writing indented under seal, to demise, grant, let and e in possession, and not in reversion so much of the premises, cum prtin••••tis. &c. as are in the tenure &c. and all the rest and residue of the said Messuages, &c. other then the premises before appointed for the Jointure of the said &c. So that the same Lease or grant to be made of the premises in the tenure of, &c. shall not surmount nor exceed the number of &c. or

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thee Lives from the making there of. And so, that also the said Leases or ••••rants to be made of the rest and residue of the premises in the, &c. from the making of them and so as upon every of the same Lease, there shall be reserved so much annuall rent, or more, as is now unpaid or un∣answered for the same, and that then the said Estate for and touching the premises so to be devised shall be, and the said T J. &c. shall stand and be thereof seized to the use and behoofe of all and every such per∣son or persons, or his or their Assignes to whom any such Lease or de∣mise shall be so made for and during the term and terms for which the same shall be so demised, according to the effect and true meaning of such demises or Leases, and from and after the expiration and end of such Leases as the same shall severally end and determine; Then to such further use and uses, and in such sort, manner, and form, as are before in these presents limited, mentioned, and declared for and touching the same,* 1.26 any thing &c. not withstanding. Provided also that if the said R S. the Father, doth, or shall at any time hereafter by writing under his hand and seale revoke, determi••••e, disanull annihilate or make frustrate or void the uses before declared, for and touching the said closes, &c. and for and touching of the said Lands and Tenements in the tenure, &c. to be appointed and set out by the said R S. the Father as shall not surmount not exceed the clear yearly value of, &c. over and above all charge and reprizes and do or shall by the same wiring signifie declare, notifie, and publish that his Will and determination then shall be that the uses so by him revoked, repealed, or made frustrate, shall have no longer continuance: And, that then, and from then eforth the said estate for and touching onely the said Lands and Tenements for and touching which the said uses shall be revoked, repealed determined, and made frustrate, or so signified, declared; notified or published to haver olonger continuance and the said T J. &c. shall stand and be thereof seied to the use and behoof of the said R S. the Father, and his heirs and assigns for ever,* 1.27 any things, &c. notwithstanding. Provided also, that if the said R S. the Father be disposed at any time hereafter to buy, purchase, get or obtaine in Fee-simple taile for life lives or years, any Lands, Tenements, Hereditaments, cum pertinentis, within the Lordship of &c. and shall or do hereupon by writing under his hand and seale revoke, determine, disanull, annihilate, or make frustrate or void the use of so much of the same Lands and Tenements in the tenure &c. as the said R S. the Father shall set out or appoint to be sufficient or convenient to be bargained or sold away for the provision of mony for buying, purchasing, getting or obtaining of the said Lands and Tenements in the tenure &c. in Fee∣simple,

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Fee-taile, for life, lives, or years, aforesaid, a••••d do or shall also by the same writing signifie, declare, notifie and p••••blish, that his Will, pleasure, and determination then shall be that theuses so by him revoked repealed or made frustrate, shall have no lon••••er continuance, That then and from thence forth the uses so revoked repealed, or made frustrate, or so notified, declared, published or sign••••••ed have no lon∣ger continuance, shall for and tou hing onely suh of the same Lands and Tenements for or conerning wich the same: use and uses shall be so repealed revoked, or made frustrate or so n••••tiied, declared, sig∣nified or published to have no longer continuance utterly cease deter∣mine and be void and that then and from then••••eforth the said estate for and touching only the said Lands and Tenements &c. ut spra.* 1.28 And the said R S. the Father doth grant, Covenant, and promise for him, his heires &c. that he at all times from and after such times as hee shall buy, purchase obtaine, or get in Fee-simple, Fee-taile, for life, lives, or yeares, any Lands, Tenements, or Hereditaments, cum pertinentiis, within the said Lordship of, &c. as aforesaid, shall and will at the reasonable request of the said W F. his heirs, &c. convey, passe, grant, and assure all the estate, right, title, in∣terest, and demand of him the said R S. the Father in and to the same Lands and Tenements unto the said T J. &c. to such uses, intents, behoofes and purposes, and with and under such titles, conditions, and provisoes as are before in and by these presents limited and appointed for and touching the said Lands and Te∣nements now in the tenure, &c. as by the said W F. his heires, &c. or his or their Councell learned shall be reasonably devied, ad∣vised, or required.* 1.29 Provided neverthelesse, and it is the ull meaning, purpose, intention, conclusion and agreement of the said parties, for themselves, and their heires, that notwithstanding any frustrating, repeale, revocation, alteration or determination, That at any time or times hereafter shall be made of any of the uses before mentioned, or of any new limitation or appointment that shall be made of any new use or Estate of or in the premi∣ses, or any part or parcell thereof, and notwithstanding any pro∣viso, clause, or matter mentioned or contained in these presents, all and every the Leases and devises to be made by the said R S. the Father, according to the true meaning of these presents shall still stand and remaine in full power, force, and effect to all in∣tents and purposes; any proviso or other thing, &c. notwithstan∣ding. And it is further, &c. that if there shall be more land in quan∣tity

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contained or comprized in any of the said Fines then the said Messuages, &c. before mentioned, whereof it is agreed that a Fine shall be levied at the said next Quarter-sessions, as aforesaid, doe amount un∣to, That then the said fine or fines for and touching the overplus and surplusage that shall be, then the said fine or fines more then the said Messuages, &c. before, especially mentioned, doe amount unto, shall be to such of the said parties and their heirs, as the same did or doth belong unto at the ensealing of these presents.

In witnesse, &c.

An Indenture for the leavying of a Fine, and to lead the use of a Reco∣very, which Recovery is for two severall Annuities.

* 1.30 THis Indenture Tripartite made. &c. between R S. of, &c. on the first part, H S. of &c. on the second part, and T B. of, &c. and R S. of, &c. on the third part: Witnesseth, that for and in consideration of a marriage heretofore had and solemnized between the said H S. and E. his Wife and for the setling of the Lands Tenements, and Here∣ditaments hereafter mentioned in the name and blood of the said S. in such sort, manner and forme, as hereafter in these presents is limited and appointed. It is covenanted granted, concluded, and agreed by and between the said parties: And the said R S. doth by these presents for him, his heires, &c. Covenant grant, conclude, and agree to, and with the sid H S. his heires, &c. That they the said R S. and A. his wife together with the said H. and E. his Wife, shall and will before the Feast of &c. next and immediately ensuing the date hereof by fine,* 1.31 sur conusance de droit carp, ro. Quils ont de dono predict. Henrici & Emore, in due forme of law to be levied before the Justices of our said Soveralgne, &c. his heires or successors, of Common-pleas, between the said T B. and R S. Complainants, and the said R S. and A. his Wife, and the said H. and E his Wife Defori∣ants recognize and acknowledge al that the Mannor of &c, with the rights, members, and appurtenances thereof, in the Counties of, &c and all and singular Mannor-houles; Messuages, Demesne Lands, Lands. Te∣nements, Meadowes Leasowes, Feedings, Pastures, Woods Under∣woods, Commons Profits, Court leets, and Profits, and Parqui∣sites of Courts and Leets, Priviledges, Advantages, Emoluments and Hereditaments whatsoever scituat, lying, being, happening, or renuing within the Towneships, Parishes, Hamlets, Fields, and Precincts of, &c. or any of them is the said Countics of, &c.

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or either of them to the said Manour in any wise lying; be∣longing or appertaining, or accepted, reputed, called, called, taken or knowne, as part, parcell, or member thereof. And all other the Lands, Tenments, and Hereditaments, in &c. in the said Conies, or any of them, in the which the said R. S. or A. his Wife, or any of them have, or at any time heretofore had any Estate of inheritance in possession, reversion, or remain∣der, with all and singular the appurtenances by some name or names in the said fine to be contained, to be the right of the said T B. as those which the sain T. B. and R. S. shall remise and quit claime from them the said R. and A. H. and E. and the Heires of the said R. and H. to the said T. and R. and the Hires of the said T. for ever. And the said R. and A. H. and E. and the Heires of the said R. and H. shall als by the same fine,* 1.32 warrant the said Manour and premises with the appurtenances unto the said T. and R. and the Heires of the said T. for ever; which sine so as aforesaid, or in any other manner or forme to be leavied or acknowledged by or be∣tween the said Parties, or any of them on this side and be∣fore the said Feast, shall be, and shall enure, and shall be con∣strued, adjudged, and taken to be, and to enure to the use and behoof of the said T. B. and R. S. and their Heires, to the in∣tent and purpose, that the Recovery hereafter mentioned may be had and leavied against them or the Survivor of them then being Tenant of the premises: and it is further covenan∣ted, granted, concluded,* 1.33 and agneed by and between the said Parties and every of them, their and every of their Heires, That they the said T. B. and R. S. R. S. and A. his Wife, and H. S. and E. his Wife, shall and will permit and suffer L. B. and T. F. before the Feast of &c. hex by Writ or Writs of Enre sur disseisin in le pust, to be sured and obtained out of the high Court of Ohancery, and re••••••nable before the Justices of the Common-pleas, in the names of the said L. B. and T. F. Demaundants against the said T. B. and R. S. being Tenants, to recover to them and their Heires in due forme of Law ac∣cording to the usual forme of common Recoveries for assu, rance of Land, Tenemnts, and Here ditaments, against the said

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T. B. and R. S. or the Survivor of them then Tenants or Te∣nant of the said Manours and premises, all the said Lands, Te∣nements, and Hereditaments, with all and singular their and every of their appurtenances by some name or names in the said Writ and Recovery to be contained in and to which Writ the said T. B. and R. S. shall (gratis) appeare in pro∣per Persons, and enter into warranty, and vouch over to war∣rant the said Manours and premises with the said appurte∣nances to the said R. S. And shall further doe all that to them in the behalfe shall appertaine, and the said R. S. shal likewise appeare (gratìs) in proper person, and enter into warranty and vouch over to warrant the same Manours and premises, to the said H. S. and E. his Wife, and shall further doe all that to him the said R. shall in that behalfe apper∣aine. And the said H and E. shall in lke manner (gratìs) appeare in proper persons, and enter into like warranty and vouch over to warrant the said Manours and premises the common vouch, and shall doe also all that to them in that be∣halse shall be requisite for the suffering of a good and perfect common Recovery: So, as a good and perfect Recovery may be had and suffered of the said Manours and other the premises, and every part thereof; which Reco∣very so, as aforesaid, or in any other manner or forme to be had or suffered, shall be executed by Writ or Writs of our said Soveraigne Lord, his Heires or Successor, of hab. faci∣as seisinam: which Recovery so, as aforesaid, or in any other manner or forme to be suffered and executed, and all Re∣coveries to bee had, suffered and executed of the said Manours and premises, with the appurtenances, at or before the said Feast of, &c. shall be and shall enure; and the said Recoverors in and to the said Recovery and Reco∣veries shall from the suffering and executing thereof, stand and be seized of the said Manour and premises, to the uses, intents,* 1.34 and purposes hereafter specified, expressed, or de∣clared, and to none other use, intent, or purpose: viz. from and after the execution thereof, that the same be for one annuity or yearly rent of 20l. by the yeare, to issue out of the said Manours and premises to the use of the said H. S.

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and his Heires during the life of the said R. payable at the Feasts of, &c. by even and equall portions, and to the in∣tent, use, and purpose, that if the said annuity or yearly Rent be behinde and unpaid after any of the said payable Feasts at which the same ought to be paid,* 1.35 That then and so often it shall be lawfull to and for the said H. and his Heires into the said Manour and premises to enter and distraine, and the distresse and distresses there found to take, lead, drive, carry away, impound and retaine untill the said annuity with the arrerages thereof, it any be, fully contented, satisfied, and paid unto the said H. S. his Heires or Assignes. And to the further use and behoof of and for the said Manours and premises with the appurtenances to, for, and of the said R. S. for terme of his life without impeachment to waste, and from and after the decease of the said R. that the same Recovery and Recoveries before one other annuity or yearly Rent of 20l. per annum,* 1.36 to issue out of the said Manour and premi∣ses to the use of the said A. during her naturall life, payable at the said Feasts by even and equall portions; and to the in∣tent, use, and purpose, that if the said annuity or yearly Rent of 20l. be behind and unpaid after any of the said pay∣able Feasts, at which the same ought to be paid, during the life of the said A. after the decease of the said R. That then and so often it shall be lawfull to and for the said A. after the death of the said R. into the said Manour, &c. ut supra. And from and after the Decease of the said R. to the further use and behoof of and for the said Manour and premises with the appurtenances, to be so, as aforesaid, recovered of the said H. S. and E. and of the Heires of the body of the said H. by him on the body of the said E begotten or to be begot∣ten. And for default of such issue, then to the use of the Heives of the body of the said E. lawfully begotten; and for default to such issue, then to the use of the Heires males of the body of the said R. on the body of the said A. lawful∣ly to be begotten; and for default of such issue, then to the use of the right Heires of the said E. for ever. And the said R. S. &c. doth covenant, &c. to, and with the said H. S. &c. That the said R. S. his Heires, &c. shall and will

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from time to time, and at all times hereafter, acquit, exo∣nerate, and discharge, or otherwise upon reasonable re∣quest to him or them in that behalse made, save, and keep harmlesse and indempnified as well the said Manour and premises, and every part thereof, as also the said H.S. and E. and their said Heires, of, for, and concerning the said Ma∣nours and premises of and from all and all manner of for∣mer grants, bargains, sales, statutes, recognizances, charges, titles, troubles, and incumbrances whatsoever had, made, done, knowledged, or suffered, or hereafter to be had, &c. ut supra, by the said R.S. or any other person or persons by his meanes, assent or procurement, (such assurance as the said R. hath heretofore made to,* 1.37 and for the use of the said H. and E. or either of them only excepted) And also the said R.S. doth further, &c Covenant, &c. to and with, &c. That he that said R. and his Heires shall and will make, doe, know∣ledge and suffer, or cause and procure to be had, &c. all and every such further and reasonable act and acts, thing and things, device and devices in the law for the further assuring and sure making of the said Manor and premises and every part thereof unto the said H.S. and E. and their said Heires, to the uses and intents aforesaid: Be it by fine or fines, re∣covery or recoveries, feoffements, release, confirmation, or otherwise, with warranty of the said R. and his Heires, a∣gainst him and his Heires, or without warranty if it be so re∣quired; As by the said H.S. his Heires or Assignes, or his or their learned Councell in the law shall be devised, advised, and required,

In Witnesse whereof to one part of these present Inden∣tures tripartite, remaining with the said H.S. and E. his Wife, the said R.S. and A his Wife. T.V. and R.S. have put their seales; to another part of the same Indentures remaining with the said R.S. and A. The said H.S. and E. his. Wife, T.V. and R.S. have put their seales: and to one other part also of the same Indentures remaining with the said T.V. and R.S. the said R.S. and A. his Wife. H.S. and E. his Wife have set their seals. Dated the day and year first above written.

Notes

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