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THis INDENTƲRE made, &c. Witnessesh, that for and in consideration of a Marriage already agreed upon (by the grace of God) shortly to be had and solemni∣zed
between the said T P and M G Sister unto the said I G, and in consideration of the sum of, &c. to be paid unto the said T P in preferment with the said M to the said marriage, by the said I G well and truly contented and paid, as hereafter by these presents is declared and appoin∣ted: And for divers other good and reasonable causes, re∣spects and considerations the said parties serverally moving, It is now Covenanted, granted, concluded, condescended, and agreed by and between the said parties, and either of the said parties doth by these presents, Covenant, grant and agree, for himself, his Heirs, &c. to and with the other of the same parties, his Heirs, Executors and Administrators, and every of them, in manner and form, and to the effect following: viz. Firsth, the said E P and T P do by these presents, for them, their Heirs, &c. grant, covenant and pro∣mise, and either of them, for and by himself, his Heirs, &c. doth grant, &c. to and with the said I G his Heirs, Execu∣tors and Administrators, That they the said E P and T P and either of them, at all times hereafter, and from time to time, at and upon the reasonable request, consts and charges in the Law of the said I G his Heirs, &c. shall and will make, seal, deliver, acknowledge, suffer, perform, perfect and exe∣cute unto such person or persons, or his or their Heir, as the said I G his Heirs, &c. shall nominate and appoint, all and every such conveyances, estates, foeffements, fines, recoveries, acts, things, writings, demises and assurances in the Law, in and upon all the capitall Messuages and Tenements, with the appurtenances, called; &c. situate, &c. and all the Lands, Tenements, Meadows, Leasowes, Pastures, Woods, Under-Woods, Commons, Rents, Reversions, Conditions and He∣reditaments whatsoever, to the same capitall Messuages in any wise belonging, or now, or at any time herefore, let, used, occupied or enjoyed to or with the same, or known, reputed, accepted or taken for or as part thereof: And of, in and upon all that capitall Messuage, &c. called, &c. and of, and in, and upon all that water corn milne, cum pertinen∣tiis, commonly called or known by the name of, &c. and all Lands, pools, waters, water-courses, stagns, ponds, floud∣gates,
streams, profits, maltures, suit-commodities, customes, easments and emoluments to the same milne belonging or appertaining, or to or with the said milne occupied or en∣joyed; and of, in and upon all and singular those two seve∣ral Messuages and Tenements, with the appurtenances, in, &c. commonly called by the several names of, &c. and all the Lands, Tenements, Cottages, Meadowes, Leasowes, Woods, Pastures and Hereditaments whatsoever, cum perti∣nentiis, to the said several Messuages, or either of them se∣verally belonging or in any wise appertaining; or to and with the same Messuages, or either of them, now or at any time heretofore occupied, used or enjoyed: And of, in and upon all those Messuages, Lands, Tenements and Heredita∣ments, cum pertinentiis, which the said E and T or either of them, hath, or at any time had in, &c. and which now be, or late were in the several tenures, possessions or occu∣pations of, &c. or any of them, or their Under-tenants or Assignes, or the Under-tenant or Assignee of either of them: And of, in and upon all the tythes of corn, grain and hay, and all other tythes coming, growing, recruing and arising of and within, &c. and the same fields and grounds compas∣sed, &c. And of, in and upon all courts, profits and perquisits of courts, waifs, strayes, heriots, reliefs, roylties, and all other profits and commodities of the same: And of, in and upon all other the Messuages, Lands, Tenemants and Hereditaments, cum pertimentiis, which the said E and T have, or at any time had,* 1.1 of or in any state of inheritance, within, &. or any of them. To have and to hold the said Messuages, Lands, Tenements and Hereditaments, and all other the pre∣misses with the appurtenances, unto the said person or per∣sons to be named and appointed as aforesaid, and his or their Heirs or Assignes, to the uses, behoofs, purposes and intents, and with, upon and under the conditions, provisoes, liberties and limitations hereafter in these presents limited, expressed, set down, appointed and declared by the said I G his, &c. or his or their Councel learned; shall be reasonably devised, advised, framed or required, so as the said E and T nor either of them, shall not be compelled or driven to go or
travel, for the making, acknowledging, suffering or excu∣ting of the said estates, feoffements, &c. or any of them, out of the County of, &c. And it is granted, condescended, con∣cluded, accorded, determined and agreed by and between the said parties to these presents, for them, their Heirs, &c. That the said estates, conveyances, &c. shall be, and the said person or persons, and his or their Heirs or Assignes, shall stand and be seized of all and singular the said Messua∣ges, Lands, Tenements and Hereditaments, and all other the premises, with the appurtenances, to the several uses, in∣tents, behoofs and purposes; and with, under and upon the conditions, provisoes and limitations hereafter in these pre∣sents limited, appointed, specified, expressed and declared, and to none other use, intent, purpose or meaning. That is to say, that the said estates, &c. for, touching and concer∣ning theh said Messuages and Tenements, cum pertinentiis, called, &c. and the Demeasne Lands belonging thereunto; and all Lands, Meadowes, &c. ut supra, occupied and used for as Demeasne Lands thereunto belonging, and all Lands, Meadowes and Pastures, or to or with the same, or either of them; and for and touching the said several Messuages,* 1.2 Lands and Tenements, with the appurtenances, now or late in the several tenures, possessions or occupations of, &c. shall be, and the said person and person, &c. or his or their Heirs or Assigns, shall stand, and be thereof seized, to the use and behoof of the said T P, and of the said M, for and during the term of their natural lives, and the longer liver of them, for and in the name of a Joynture to the same M. without impeachment of wast, during the life of the said T P: and after their decease, to the use and behoof of the first son which the said T shall hereafter have of his body upon the body of the said M lawfully begotten, and to the use and behoof of the Heirs of the body of the said first son law∣fully issuing; And for default of such issue, to the use and behooof of, &c. And the said estates, for, touching and con∣cerning the rest and residue of the said Messuages, Lands, Te∣nements and Hereditaments, cum pertinentiis, whereof no use is before by these presents limited, appointed or decla∣red,
shall be, and the person or persons, &c. and his or their Heires or Assignes, shall stand and be thereof seized, to the use and behoof of the said T.P. for and during the term of his natural life without impeachment of wast; and after his de∣cease, to the use and behoof of the said T.P. for and during the terme of his natural life, without impeachment of wast; and after his decease to the use and behoof of the first son and the Heir of his body lawfully issuing: and for default of such issue &c.* 1.3 Provided alwayes, and it is further Covenanted, &c. that if at any time after the death of the said E P & T P the premisses so, as aforesaid, limited or appointed to or for the Joynture of the said M. or any part or parcel thereof happen by any way or means to be lawfully evicted or divested by re∣covery or entry, or by any other lawful means, out of, or from the possession or seizin of the said E now Wife of the said E P her Leasee or Assignee, by reason other Dower, or of any Joynture or estate of the said ε at any time heretofore made, or hereafter to be made: That then, and at all time, after the said estates, &c. and all other assurance whatsoever, at any time or times hereafter to be had, made or passed, in perfor∣mance of any Covenants, grants or articles comprized in these present Indentures, shall be, and shall endure, and shall be con∣strued, deemed and adjudged to be and endure: And the par∣ties and persons to whom the Covenants and assurances, or o∣ther assurance of the premises, or any part thereof, shall be made, and their Heires and Assignes, shall stand and be seized thereof, and in so much of the premises to be chosen out and laid forth by the said M and her Assignes, at her and their free liberty and pleasure, as shall and may in every respect fully countervail and be equivalent to the said Lands, Tene∣ments and Hereditaments so to be evicted or devested out of her possession or seizin, by the said E, or her Leassee or Assignee, unto the use and behoof of the said M and her Assigns, for and during the natural life ony of the said E and to no other uses before in these presents specified; any thing aforesaid, or any thing to be contained in the said assu∣rances, estates and conveyances, or any any of them to the con∣trary, &c. Provided also, and it is moreover Covenanted,
&c. That after the decease of the said E if sall and may be lawful to and for the said T at all and every time, times, and from time to time during his naturall life, by Deed indented under his seal, to demise, grant, set and let the said Messuages, Lands and Tenements, or any part or parcel theof, unto any person or persons in possession, and not in reversion, other then and except the premise before by these presents limited and appointed for the Joynture of the said M and other, then, &c. so as the same grants,* 1.4 leases or estates shall not surmount nor exceed the term & number of 21 years, or three lives, from & after the making of such Lease or Lease; and so as also there shall be reserved upon every such Lease to be yearly paid du∣ring the continuance thereof, such and so much yearly rents, duties and services, as are now paid or answered for or out of the same, or more. And that then the said estates, &c. and o∣ther assurances to be had, levied, suffered and made by the said E or T or either of them, of the said premises to be demsed, as aforesaid, shall be and shall enure, and the said person and persons to be, to be named as aforesaid; and his or their Heirs or Assigness shall stand and be seized of the premises to be demised from and after the demising or granting thereof, to the use and behoof of all and every such person and per∣sons, and their Assignes, to whom any such demise or demises shall be so made for and during the terme or termers for which the same shall be so demised, according to the intent, effect and true meaning of such demises, and every of them, so as the fame person or persons, and his and their Executors, &c. severally and respectively doe and shall well and truly pay, or cause, &c. to such person and persons for the time being as shall be in the next and immediate reversion or remainder of the same Lands and Tenements so to be demised, the rents, duties and services in the said several Leases to be reserved upon every fuch several daies and times in their said Leases next after the same shall be due and payable, and reasona∣bly demanded by him or them, in the next and immediate reversion or remainder thereof; and doe performe in con∣venient time, after request in that behalfe to be made, all Co∣venants
and grants in the same Lease, Leases or grants to be contained, and to be performed on his or their parts and behalfs, shall not wittingly or willingly commit or suffer any wast above the value of, &c. in any one Tenement so to be demised or letten: And from and after such Demises or Leases to be had and made, and as they severally end and de∣termine, to such further use and uses, and in such sort, man∣ner and form, as are before in these presents limited, men∣tioned and declared for and touching the same, any matter or thing, & ut supra. Provided also, and it is likewise Co∣venanted, &c. that after the decease of the said E P it shall be lawfull to and, for the said T P at all times, and from time to time, during his life, by writing indented under seal, to grant,* 1.5 convey, appoint or assure the said Messuage and Tene∣ment, cum pertinenti is, commonly called, &c. and the Lards & Demeasnes thereunto belonging, or therewith used or occu∣pied for or unto the use of such woman or women, as the said T P sahll hereafter marry or espouse, for and during her or their life or lives, and no longer, for and in the name of a Joynture, and not dis-punishable of waft; reserving therefore yearly the annual rent of, &c. to be yearly paid during the continuance of the same estate, or otherwise by writing indented under seal, from time to time, at his li∣berty and pleasure, to demise, grant and set the same capi∣tal Messuage or Tenement, and the Lands and Demeasnes thereunto belonging, or otherwise used or occupied unto a∣ny person or persons in possession, and not of nor in reversi∣on for the term of, &c. or under, from the day of the date of such writing indented. Yeilding and reserving therefore yearly, the annual rent of, &c. to be yearly paid during the continuance of such Lease: And that from and after such grants, conveyance, assurance, demise or setting, so, as afore∣said made or passed, the said estates, &c. before in these presents mentioned to be made and passed, shall be for and touching the said capital Messuage and Tenement, called, &c. and the Lands and Demeasnes thereunto belonging, or otherwise used or occupied. And the said person and per∣sons, &c. and his or their. Heirs and Assigns, shall stand and
be thereof seized to the use and behoof of the same woman or women, or Leasse or Leasees, for and during the said term of; &c. or under, so as the woman or women, Leassee or Leassees, do and will yearly, during the continuance of their estates or term, content, satisfie and pay the annual rents reserved by or upon the said writings indented, accor∣ding to the effect and true meaning thereof, unto him or them to whom the immediate reversion or remainder of the said capital Messuage or Tenement, and the Lands and De∣measnes thereunto belonging, or therewith occupied or used, shall by and according to the true meaning of these presents for the time being, belong and appertain; and that for and touching the reversion or remainder of the same ca∣pitall Messuage or Tenement, and the Lands and Demeasnes thereunto belonging, or therewith occupied or used, expe∣ctant upon such estate for life or years, the said estates, &c. shall be: And the said person and persons, &c. and his or their Heirs and Assigns, shall stand and be thereof seized to such other uses, behoofs and purposes, and in such fort, man∣ner and form, and of and in such form, and of in such estate and use of inheritance, and of such person and persons as are before in these presents appointed, named and decla∣red for or touching the same, any thing in these presents contained, &c. ut supra. Provided alwaies, and it is granted,* 1.6 &c. That is shall and may be lawfull to and for the said E P at any time during his life, by writing under seal, and by mat∣ter of record, to grant, convey, appoint or assure unto the said E P his Son, for and during the term of his naturall life, and no longer, one annuity or rent-charge, not exceed∣ing 22l. at the most, to commence from and after the decease of the said E P, and to be issuing and going forth and di∣strainable in, from and out of the said Messuages, Lands and Tenements, or any part or parcell thereof, other then the said Lands and Tenements before appointed for the Joyn∣ture of the said M, and that but during life onely, and no longer, as to the said E during his life, shall be thought meet and convenient. And that from and after such grant, ap∣pointment, conveyance and assurance of such annuity or
yearly rent of the said estates, &c. covenanted by these pre∣sents to be made, shall be for and touching such of the said Lands and Tenements as shall be so charged: And the said person or persons, &c. and his or their Heirs and Assigns, shall stand and be seized of and in the said Lands and Tene∣ments so charged, to the intent, trust and use that the said E D shall have, take, perceive, receive, distrain for and enjoy the said annuity or yearly rent-charge, according to the true meaning of the said grant, appointment or assurance to be thereof, as aforesaid, made, without fraud or covin. And yet neverthelesse the same Lands and Tenements being made subject and chargeable to or for such annuity or yearly rent as are before by these presents appointed, declared or ex∣pressed for and touching the same, any thing in these pre∣sents, &c. Provided also, &c. for liberty to T P to grant annuity for every his younger sons by marriage for life, not exceeding 6l. a piece. And whereas the said I L hath con∣veyed and assured unto the said E P and his Heirs (expresse the Lands)and whereas the said E P hath entred into Bond unto the said I L with condition, that in case the said I his Executors, Administrators and Assigns, should pay unto the said E P his Heirs, &c. the sum of, &c. in the porch of, &c. at the Feast of, &c. in the same Bond contai∣ned: That then he the said E P or his Heirs, shall convey and re-sure the same Lands and Tenements back again unto the said I L and his Heirs for ever, as by the same Bond and condition thereof made, more at large appeareth. It is now provided, granted, &c. that if the said I L his Heirs, &c at any of the said Feasts, & in the condition of the said Bond mentioned; or the said E P his Heirs, &c. within, &c. next after any of the said Feasts, do or shall content or pay unto the said T P or the heir of his body upon the bo∣dy of the said M lawfully to be begotten; or in default of such issue to the Executors or Assigns of the same T P the sum of, &c. That then and from thenceforth all and singular the uses before specified in these presents, be they present, contingent or future, for and touching the same Lands and Tenements which were conveyed and assured unto the said
E P by the said I L as aforesaid, shall utterly cease, de∣termine and be utterly void, to all intents and purposes. And that then and at all times after the sad estates, &c. for and touching the said Lands and Tenements, shall be : And the said person or persons, &c. or his or their Heirs and As∣signes, shall stand and be thereof seized to the use and behoof of the said I. and his heirs for ever. And that then and from thenceforth the same Lands and Tenements, nor any part nor parcel thereof, shall not be subject nor lyable, nor the estate thereof alter or change to or for any other use, intent, purpose or behoof; these presents or any thing, &c. And the said E P and T P do by these presents covenant, &c. That the said E P and T P. their Heirs,* 1.7 &c. or some of them, shall and will at all times from and after the marriage had and solemnized between the said T P and M G well and sufficiently acquit, exonerate and discharge, or other∣wise from time to time, upon reasonable notice and request, full and sufficiently save and keep harmlesse as well the said M G and her Assignes, and their said Sons and Heirs of their two bodies lawfully issuing; As also all and singular the said Messuages, Lands, Tenements and Hereditaments, with the appurtenances, of, for, from, touching and con∣cerning all and all manner of bargains, sales, gifts, grants, Joyntures, fines, dowers, recoveries, feoffments, estates, tails, limitations, uses, leases, morgage, rents-charge, stature merchants and of the staple, judgments, recognizances, in∣trusions, conditions, entries, troubles, titles and incumbran∣ces whatsoever, at any time heretofore had, made, done, committed, acknowledged, grown, executed, occasioned, caused or willingly or wittingly suffered or hereafter to be made, &c. by the said E P and T P, or either of them, or any other person or persons by their or any of their assent, means, authority, title or procurement (the rent and services hereafter to grow due to the chief Lord or Lords of the fee of the premeises, and the Title of Dower or estate in Joynture of the said E, now wife of the said E D in and to the premises; and all Leases heretofore made by the said E for 21 years or under, now in being; whereupon the
now rents and services paid or answered for the same or more, are reserved and shall be yearly due and payable during the same term and terms of the said Lease and Leases; and all e∣states, conveyances, grants, leases and assurances to be made by and according to the true meaning of these presents; and such condition and title as the I. L. and his heirs have to redeem the premisses by him, as aforesaid, conveyed and assu∣red unto the said E.P. and such Lease as the said E P hath heretofore made and passed unto IC an expresse Tenant of and upon the Tenement, &c. for, and during the term of, &c. whereupon there is reserved and shall be payable during the continuance of the same Lease, then also only excepted.) And whereas the said E P is possessed for divers years yet endu∣ring, of and in the tythes and portion of &c. in &c. of and in &c. Now the said E P and T P do grant &c. that the same E P and T P. and either of them, and the Executors and Ad∣ministrators of either of them, shall and will at all times here∣after, and from time to time, at and upon the reasonable re∣quest, costs, and charges in the Law of the said E G, his &c. make &c. unto such person or persons &c: of, in and upon the said tythes, leases for years and interest, and the Indentures and writings thereof: To have and to hold the same Tythes, leases, terms, interest, and the Indentures, and writings unto the said person or persons &c: their &c. to the intent, use, trust and confidence that the said person or persons, &c. and his or their &c. shall suffer and permit the said E P during his life, to have, hold, occupy and enjoy the said tythes and leases, and receive the rents, issues, and profits thereof; and to the in∣tent, use, trust and confidence that the said person or persons, to be named and appointed, as aforesaid; and his or their heirs &c. shall and will permit and suffer the said M from and after the decease of E P for and during her life to have, hold, occupy, possesse and enjoy the tythes and portion of tythes of &c. and to the intent, use, trust and confidence that the said person or persons, &c. shall from and after the decease of the said E P permit and suffer the said T P and the heirs of his body, upon the body of the said M lawfully to be begot∣ten: And for default of such issue &c. to have, hold, occupy
and enjoy the said rest and residue of the tythes, farms, and leases; together also with the said tythes and protion of her, from and after the decease of the said E P and M G, to take and receive the rents, issues, and profits thereof, during the rest and residue of the termes and pears of the said several leases, without fraud and covin. And the said E P and T P for them, &c. That they the said E P and T P their &c. or one of them, shal & wil at all times hereafter, acquit & discharge, or otherwise upon reasonable notice and request, fully and sufficiently release the said tythes, farms, leases & interests, of, for touching and concerning all and all manner bargains, &c. whatsoever had, made, done acknowledged, caused, procured, occasioned, willingly or wittingly suffered or hereafter, to be had, &c. by the said E P and T P, or either of them, or any other, by their or any of their means, assent, commandment, authority or procurement (The rents, duties, grants, and covennants contained in the said several leases only excepted and foreprized.) And that the said M, and the heirs of the body of the said T P upon her body lawfully to be begotten, shall or may have, &c. the said tythes, &c. according to the intent and true meaning of these presents, without any let, suit, &c. of nay person or persons that lawfully claim the premises or any part or parcel thereof, from, by, or under the said E P and T P or either of them, or after, or by reason of any forfeiture committed or willingly suffered by them or either of them (except such interruption, suit, or troubles as shall be made, done, or committed by the said person or persons to be named and appointed as aforefaid, or his or their, &c. or any of them.)
In witness, &c.
Habend' to uses.
That it shall be to the use of T. P. and M. for a Joynture, and to other uses.
If it happen any of the lands aforesaid to belawfully evict∣ed out of her possession, then she is to be as∣sured of other lands to their full value.
That it shall be lawful for T. after E's, de∣cease, to make Leases.
That it shall be lawfull for T. after E's.de∣cease, to make his other wives Joyntures.
That it shall be lawfull for him to make annui∣ties.
That E. P. and T. P. shal acquit and discharge as well M. as also the Lands.