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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"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 May 8, 2024.

Pages

¶ Covenant to levy a Fine to settle by way of Intail, with divers Covenants upon Marriage.

THis INDENTƲRE tripartite made, &c. Between Sir G.G. Knight, on the first part: T.H. of H. in the County of L. Esquire, of the second part: and Sir R.M. of S. in the said County of L. Knight, and W.H. of H. in the said County of L. Esquire on the third part: VVitnesseth, That for and in consideration of a Marriage by Gods help to be so∣lemnized and had between R.H. Son and Heir apparent of the said T.H. and K.G. one of the Daughters of the said Sir G.G. Knight. It is Covenanted, granted, concluded, condescended and fully agreed by and between all the said Parties to these presents, in manner and form following: And first the

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said T.H. for himself, his Heires, Executors and Administra∣tors, doth Covenant, grant and fully agree to and with the said Sir G.G. Knight, his Heires, Executors and Administra∣tors by these presents, That the said R.H. Son and Heir ap∣parent of the said T.H. shall before the Feast of Saint Mi∣chael the Archangel next ensuing the Date hereof (by Gods permission) marry and take to Wife the said K.G. if she the said K. will thereunto consent and agree, and the Lawes of the holy Church the same will permit and suffer, And in like manner the said Sir G.G. Knight, for himself, his Heires, Executors and Administrators, doth Covenant, grant, and fully agree to and with the said T.H. his Heires, Executors and Administrators by those presents, that she the said K.G. shall and will (by Gods permission) before the said Feast of S. Mich. next ensuing the Date hereof, marry and take to her Husband the said R.H. if he the said R. will thereunto consent and agree, and the law of holy Church the same will permit and suffer. In consideration of which Marriage to be had and solemnized in manner and form aforesaid, It is covenant∣ed, granted, concluded, and fully agreed by, and between all the said Parties to these presents in manner and form follow∣ing. And first, the said T.H. for himself doth Covenant and Grant for him, his Heirs, Executors and Administrators, to and with the said Sir G.G. Knight, his Heires, Executors, Administrators and Assigns by these presents, That he the said T.H. on this side, and before the first day of M. next ensuing the date hereof, shall and will at the equal Costs and Charges in the Law of the said Sir G.G. Knight, and T.H. by such Fine, with Proclamations in due form of Law to be had and levied, as shall be devised or advised by the said Sir G.G. Knight, his Heirs, Executors or Assignes, or their Councel learned in the Law, convey and assure unto the said Sir R.M. Knight, and VV.H. and to the Heires of one of them, or to the

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Survivor of them and his Heires, All and singular those his se∣veral Manours and Lordships of H. &c. with the Appurtenan∣ces in the said County of L. &c. And for the true explanati∣on of the several uses and intents of the several Fines so to be had and levied of all and singular the said Manours, &c. and other the premises before in, and by these presents men∣tioned, with the appurtenances as aforesaid, and of the in∣tent and true meaning of all the Parties to these presents tou∣ching the same; It is covenanted and agreed between the said Parties to these presents, and by them fully condescended, and declared in and by these presents. And the said Sir G.G. Knight, and T.H. for themselves and either of them, their and either of their Heirs or Assigns, do Covenant, grant, con∣clude, and sully agree to and with the other by these presents, That the said several Fines so to be levied, and had of the said Manours, Messuages, &c. and other the premisses, with the Appurtenances before in these presents specified; and of eve∣ry, or of any part and parcel thereof, and the Estate, Right, Title, Interest, and possession of them the said Sir R.M. Knight, and VV.H. and their Heires, and every of them and his Heires, of in and to the said premises, and every part thereof shall be; and that the said Sir Richard M. Knight, and VV.H. and their Heirs, and the Survivour of them and his Heirs, and all and every other Person and Persons, and their Heirs and shall stand or be seized thereof, or of any part thereof, shall after the said several Fines so levied, stand and be seized of all the said Manours, Messuages, &c. and all and singular other the premises, with the appurtenances before in these presents mentioned; whereof the said Fine or Fines be∣fore by these presents are covenanted or mentioned to be had and levied as aforesaid, and of every part and parcel thereof to the several uses, intents, purposes, agreements, limitations, payments and provisoes, and upon the conditions hereafter in the by these presents expressed, mentioned and declared, and to none other use or uses, intents or purposes: That is to say, of, in and upon all the said Manour of H. with the Ap∣purtenances whatsoever in H. aforesaid, whereof the said Fine or Fines afore by these presents is mentioned or covenanted

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to be levied by the said Sir G. G. Knight, as aforesaid, to the use and behoof of the said Sir G. G. and his Heires untill the said Marriage shall be had and solemnized: and after the said Marriage had and solemnized, then to the use and behoof of the said T.H. and of his Assignes for and during the term of his natural life without impeachment of waste. And after the death of the said T.H. then to the use and behoof of the said R.H. and K.G. and the Heires males of the body of the said R. upon the body of the said K. lawfully begotten, and to be begotten. And for default of such Issue, then to the use of the said Rich and of the Heires males of his body lawfully to be begotten, &c; And for default of such Issue, then to the use and behoof of the right heires of the said T. H. party to these presents for ever. And also of and in one capital Mes∣suage and Tenement, &c. And also of and in all Houses, Edifi∣ces, &c. unto the said capital Messuage, &c. or to any part or parcel thereof belonging or appertaining, being parcel of the said premisses, whereof the said Fine or Fines before by these presents are covenanted to be levied by the said T.H. as afore∣said, and of the Reversion and Reversions of the same: to the use and behoof of the said T.H. untill such time as the said Marriage shall be had and solemnized by and between the said R.H. and K. G. as aforesaid, and immediately after the Feast of St M. &c next ensuing the solemnization of the said Marriage between the said R. and K. as aforesaid, then to the use and behoof of the said R. and K. and their Assignes, and of the Survivour of them for and during the term of the na∣tural life of the said T.H. for and in the name and as parcel of the Joynture of the said Ka. without impeachment of waste. And of the said Messuage, &c. and all other the said last recited premises, (limited for parcel of the Joynture of the said K. as aforesaid) immediately after the death of the said T.H. to the use and behoof of the said K.H. and of the Heirs males of the body of the said R. lawfully begotten and to be begotten, &c. (as before) And of all and singular the rest, residue of the said Manours, &c. and of all other the said premisses, whereof the said Fine or Fines afore by these pre∣sents is Govenanted to be levied by the said T.H. as aforesaid,

Page 513

other then such onely, whereof the several estates and uses afore by these presents are severally expressed, limited and de∣clared to the use and behoof of him the said T.H. the Father, party to these presents, and of his Assigns for and during the term of his natural life without impeachment of waste, and to be charged and chargeable with such yearly Rents, sums of Money; or Rents and Distresses for the same as shall be here∣after in these presents limited or expressed according to the true intent of these presents, and after the decease of the said T.H. the Father, then to the use and behoof of the said R.H. and the Heires males of the body of the said R.H. lawfully begotten, and to be begotten, charged and chargeable as aforesaid: And for default of such Issue, then to the use and behoof of the said W.H. second Son of the said T.H. the fa∣ther, party to these presents, and of the Heires males of his body lawfully begotten and to be begotten, charged and chargeable with such several yearly Rents and payments as be hereafter in these presents expressed, &c. And for default of such Issue, then to the use and behoof of the right heires of the said T.H. the Father, party to these presents for ever. Provided alwayes, and for the further explaining of the true intent and meaning of all the said Parties to these presents, It is further covenanted, granted, concluded, condescended and fully agreed by and between the said parties to these presenss, And neverthelesse the said T.H. the Father, for himself, his Heires, Executors, Administrators and Assigns, doth further Covenant and Grant to and with the said Sir G.G. Knight, his Heires, Executors, Administrators and Assignes, and to, and with every of them by these presents, That the said Fine and Fines to be levied of the said Manours, Messuages, Lands, Tenements, Hereditaments and premises, with the Appurte∣nances, or any part thereof shall be, and that the said Sir R.M. Knight, and W.H. and their heires, and the Survivour of them and his heirs shall stand and be seized of and in the said Lordship and Manour of H. &c. being of the yearly va∣lue of 250 l. as well to and for the assurance of such Rents and Payments as hereafter in these presents be expressed, as also to and for such use and uses, intent and purpose as well

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that if the said T.H. party to these presents during the term of his natural life, and his Assignes shall not or do not year∣ly, well and truly content, satisfie, and pay unto the said R. and Ka. or their Assigns at, &c. the whole and just sum and yeatly rent or payment of 50 l. of good and lawfull Money of England at two Feasts or Dayes in the year, &c. by even and equal portions without further delay; the first payment there∣of to commence and begin at such of the said Feast dayes as shall be next ensuing the said Marriage to be had and made as aforesaid, That then, and so often as the said rent or yearly payment of 50 l. or any part or parcel thereof shall so for∣tune to be behind and unpaid, It shall and may be lawful to and for the said R.H. and K.G. or either of them, after their said inter-marriage as aforesaid, their and either of their As∣signee or Assignees, their lawful Deputy or Deputies in that behalf, by them or either of them lawfully authorized at all times during the life of the said T.H. Party to these presents into all and singular the said Manour of H. with the appurte∣nances, &c. and into every, or any part and parcel thereof to enter and distrain as well for the said yearly rent or payment of 50 l. or any part thereof so to be behind and unpaid as aforesaid; and for every part and parcel thereof, as also for the arrearages of the same, and of every or any part thereof, if any shall fortune to be behind and unpaid as aforesaid. And the distresse and distresses so there taken, to lead, drive, take, carry away, impound, and with them, or either or any of them to detain and keep untill such time as the said yearly rent or payment of 50 l. and every part and parcel thereof so to be behind and unpaid, as aforesaid, and the arrearages thereof (if any shall happen to be behind and unpaid) be unto them or some of them fully contented, satisfied and paid. Pro∣vided also, and it is covenanted and agreed by and between the said Parties to these presents, That it shall and may be lawful to and for the said T.H. the Father; at any time or times hereafter during his life by his last Will and Testament in Writing, or otherwise by his Deed in his life-time lawfully executed to assure, appoint, limit and convey to any lawful Wife or Wives, which the said T.H. the Father shall hereaf∣ter

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fortune to marry for term of life onely of such Wife or Wives, or to any other Person or Persons to the use of any such Wife or Wives, for term of life onely of such Wife or Wives for and in the name of the Joynture or Joyntures of such Wife or Wives. A full third part or lesse, or so much as shall amount to a full third part or lesse of all his Manours, Messuages, &c. (so that the said Manour of H. &c. be not or parcel thereof.) And also that it shall and may be lawful to and for the said T.H. the Father, Party to these presents, at any time during the term of his natural life by any Deed or Deeds in writing under his hand and seal, or otherwise by his last Will add Testament in writing to grant, assure, limit, de∣vise and convey to every or any the younger Sons of the said T.H. the Father, Party to these presents of his body lawfully begotten or to be begotten for term of life, onely of every such younger Son and Sons, such yearly Rent-charge or Rent-charges, with a clause of distresse for every such Rent as unto the said T.H. the Father shall be thought meet and conve∣nient to be yearly issuing and going as well out of the said Capital Messuage, &c. from and after the decease of the said T.H. party to these presents, as also out or out of all or any part of the other Manours, &c. whereof the said Fine or Fines before by these presents is covenanted or mentioned to be levied (as aforesaid) by the said T.H. the Father, or any part of any of them from the time of every such Grant, De∣vise or Conveyance, or from any other time or times: So that the said Rent-charge and Rent-charges to any such Son or Sons, do not exceed the sum of 20 l. a piece yearly for any such sum or sums. And further also, that it shall and may be lawful to and for the said T.H. the Father, Party to these presents, at any time or times, and from time to time during his natural life, to make any Lease or Leases unto every or any of his younger Sons for the term of 21 years or under, in possession or reversion, or for the term of one, two or three lives in possession or reversion, of all or any part or parcel of the said Manours, Messuages, Lands, Tenements, Heredita∣ments and premises, whereof the said Fine or Fines before by these presents is covenanted or mentioned to be lived (as

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aforesaid) by the said T. H. or any part thereof, charged and chargeable, with such rents, sums of money and payments, as before or after in these presents are appointed, declared or limited to be bad, levied or issuing out of the same, or any part thereof, in such sort as in these presents in mentioned and declared: So that the same Lands, Tenements and Heredita∣ments so to be demised and leased to any the younger Son or Sons of the said T. H. the Father, as aforesaid, do not exceed the ancient rent by the year of 6 l. 13 s. 4 d. for every or any his younger Sons to whom any such said Lease or Leases shall be had or made, as is aforesaid: And so that upon every such Lease and Leases so to be had and made, as aforesaid, the old and accustomed yearly rents, boons, arrearages, customes and services or more, be reserved to be yearly payable and done during the continuance of every such Lease or Leases, at the daies and times, in manner and form at the same have been heretofore during the most part of 20 years last past, used and accustomed to be paid and done. And so that the same Lease and Leases, and every or any of them so to be made, as afore∣said, be not made without impeachment of waste. And further also, that it shall and may be likewise lawful to and for the said T.H. the Father, at any time or times hereafter during the term of his natural life, at his will and pleasure, as well to make any Demise or Lease to any Person or Persons for the term of 21, years, or under, or for the term of one, two or three lives from the making of such said Lease or Leases of all, every or any the waste Grounds, Moores and Commons, parcel of the Manours, Lands, Tenements and Hereditaments, whereof the said several fines, or either of them, are Covenanted to be le∣vied, as well such as be already improved, as such as hereafter at any time shall be improved: So as such yearly rents, boons and services as heretofore hath been reserved and paid for any such of the said Wastes as heretofore hath been letten, be reserved payable yearly during the continuance of every such Lease to be made of any part of the said Wastes so heretofore letten at the daies accustomed. As also to make any Lease or

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Leases for term of 21 years, or under, or for the term of one, two or three lives, of any part or parcel of the said Ma∣nours, Messuages, Lands, Tenements, Hereditaments and pre∣mises, with the appurtenances, whereof the said Fine is before covenanted or mentioned to be levied, as aforesaid, by him the said T. H. the Father, charged and chargeable with such rents, sums of money and payments as before or after in these presents are appointed, limited or declared to be had, levied or issuing out of the same, or any part thereof, in such sort as in these presents is mentioned and declared (other then the said chief and capital Messuage, &c.) before by these presents appointed and limited in use, to and for, and as parcel of the Joynture of the said K. in and after such order, manner and sort, as Tenant in tail may lawfully do by the Statute made in the Parliament of the late King Henry the eight, holden at Westm. in the two and thirtieth year of his reign, and not other∣wise; so that every such Lease and Leases be made of Lands and Tenements usually letten to farm by the most part of 20 years last past. Provided also, and it is further covenanted, granted and agreed by and between all the said Parties to these presents, That it shall and may be likewise lawful to and for the said T. H. the Father, at all time and times hereafter, by his last Will and Testament in writing, or otherwise by his deed or deeds in his life-time, to assure, convey, limit or ap∣point to every or any his Servant or Servants, such annuity or yearly rent-charge for term of life onely of every or any such said Servant or Servants, the same and every of them, and the Grant of Devise thereof to be made with sufficient clause of distresse to be therein contained for not-payment thereof, as unto the said T. H. shall be thought meet and convenient to be issuing, going out and payable of and out of the said Ca∣pital Messuage, &c. from and after the decease of the said T. H. Party to these presents; and out of all or any part of any other the said Manours of H. &c. whereof the said Fine or Fines before by these presents is Covenanted or mentioned to be levied, as is aforesaid, by the said T. H. As also of and out of all the said Messuages, &c. or any part or parcel of them,

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from the time of making any such Grant, or from any time af∣ter (other then the said Manour-house and domain Lands of H. &c. appointed and limited to be charged and chargeable to and for the payment of the said yearly rent of 200 l.) so that the said rent-charge of several rent-charges do not ex∣ceed in all together above the sum of 20 l. yearly. And fur∣ther also, that it shall and may in like manner be lawful to and for the said T. H. the Father, Party to these pressents, by his Deed or Deeds in writing in his life time, or otherwise by his last Will and Testament in writing, to give, will devise, limit, appoint or lease the said Capital Messuage, &c. and eve∣ry or any part thereof, to begin from and after the decease of the said T. H. Party to these presents, and any part or parcel of the residue of the said Manours, &c. whereof the said Fine or Fines, or either of them, is before in and by these presents Covenanted or mentioned, as aforesaid, to be levied, as afore∣said, or any part or parcel of the premises chargeable, as aforesaid (other then the said Manour of H. &c. as in the last Covenant) to any Person or Persons whatsoever, and to his or their Heires, or otherwise, for and during such term or time, and untill such time onely as such Person or Persons to whom any such gift, devise, limitation, appointment or Lease shall be made (as aforesaid) their Executors, Administrators or Assignes, shall or may, or otherwise might have levied, raised, had, perceived or taken of the rents, issues, revenues and pro∣fits thereof, such sum and sums of money, not exceeding the sum of 500 l. yearly to be taken, as shall and may suffice, with∣out any fraud, covin or collusion, to satisfie and pay all such just and lawful debts and sums of money as the said T. H. the Father, the day of his decease, shall without fraud or covin owe, or otherwise be indebted unto any Person or Persons whatsoever, not exceeding the sum of 500 l. as aforesaid. And likewise also, that it shall and may be lawful to and for the said T. H. the Father, in like manner by his last Will and Testament, or otherwise by his Deed or Deeds in writing, in his life-time,

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to give, will, devise, limit, appoint or Lease the said Manors, Lands, Tenements, &c. and other the premises, whereof the said Fine and Fines, or either of them, is before in and by these presents covenanted or mentioned to be levied, as afore∣said, or any part or parcel of the said premises chargeable, as aforesaid, (other then the Domain Lands of H. &c. appointed and limited to be charged to and for the payment of the said yearly rent of 200 l. to the said K.) not exceeding the an∣cient yearly rent and value of 50 l. for the levying of the sums hereafter mentioned, yearly to be taken thereof to any Per∣son or Persons whatsoever, and his or their Heires, or other∣wise, so long, and for and during such term and time, and un∣till such time onely as the said Person and Persons to whom any such gift, devise, limitation, appointment or Lease shall be made, as aforesaid, their or any of their Heires or Assigns, shall or may, or otherwise might have levied, raised, had, perceived or taken of the rents, issues, revenues and profits thereof, such sum and sums of money as shall and may extend, amount unto and suffice without fraud, covin or collusion, to content, satisfie and pay as well unto Ka. H. Daughter of the said T. H. the Father, the sum of 1000 l. of current English money, or so much thereof as the said T. H. by his writing sealed and delivered in his life-time or by his last Will and Testament in writing shall limit, assign or appoint to, for, or in consideration of the marriage of the said the K. H. As also unto M. H. one other of the Daughters of the said T. H. the sum of 1000 l. of current English money, &c. And likewise also such other sum and sums of money as shall and may suffice over and above the payments of the said several summes of 2000 l. aforesaid to be paid to the said K. and M. as afore∣said, to content, satisfie and pay unto every other Daughter and Daughters of the said T. H. the Father, of his body lawfully begotten or to be begotten, which at the time of the death of the said T. H. the Father, shall be in full life, and not preferred in marriage the full, whole and just sum of 500 l. apiece of good and lawful money of England (any thing be∣fore mentioned to the contrary thereof in any wise notwith∣standing.) And the said T. H. doth covenant and grant for

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him, his Heires, Executors, Administrators and Assignes, to and with the said Sir G.G. Knight, his Heirs, Executors, Ad∣mistrators and Assigns by these presents, That the said Ma∣nours, Messuages, Lands, Tenements, Hereditaments and premises of or out of which the said sum of 200 l. is before assigned, limited, or appointed to be had, levied, or taken by the said K.G. as aforesaid, or so much thereof as shall or may be sufficient to bear, answer and pay yearly the said summe of 200 l. shall be and continue liable and chargeable to and for the Distresse and Distresses of the said K. during her life ac∣cording to the true intent of these presents: And that he the said T.H. heretofore hath not charged or incumbred the same Lands, Tenements and Hereditaments before mentioned to be charged with the said Rent or sum of 200 l. nor here∣after shall charge or incumber the same. But that notwith∣standing any such charge or incumbrance the same shall or may continue, and after the deceases of the said T.H. and R. H. for and during the life of the said K. sufficient and of suf∣ficient value over and besides all charges, to bear, pay and answer yearly to the said K. during her life the said summe of 200 l. and the arrearages thereof, and the said summe of, &c. appointed for a penalty, as aforesaid, and the arrearages there∣of if any shall happen. Provided likewise, and it is further Covenanted, granted, concluded and fully agreed by and be∣tween the said Parties to these presents; And neverthelesse, the said T.H. the Father, for himself, his Heires, Executors, Administrators and Assigns doth covenant and grant to and with the said Sir G.G. Knight, his Executors, Administrators and Assigns, and to and with every of them by these presents, That the said Fine and Fines to be levied of the said Manors, &c. with the appurtenances, or any part thereof shall be. And that the said Sir R. M. Knight, and W. H. and their Heires shall stand and be seized of and in the moyety or one half of all the Messuages, Lands, Tenements and Heredita∣ments of the said T.H. in the Parish of A. &c. being of the yearly value of 120 l. over and above all yearly charges and reprises and for such use and uses, to and for such intent and purpose, That if the said R. after the said marriage

Page 521

had and solemnized between him and the said K. shall fortune to die during the life of the said T.H. the Father, and then to have Issue one or moe Daughters of his body lawfully begot∣ten upon the body of the said K. then being in full life, and not before that time preferred in Marriage, and then also that if after the death of the said T. H. the Father, the Heirs males of the body of the said R. H. and every such other Person and Persons to whom the next and immediate possession or re∣mainder of the said premises shall next and immediately from time to time appertain and belong, or some of them shall not, nor do not well and truly content, satisfie, and pay unto such Daughter and Daughters of the said R. H. so to be living and unpreferred, as aforesaid, and unto every of them the whole and just sum of 400 l. apiece of good and lawful mo∣ney of England for and towards their preferment in marriage, as aforesaid, after the rate of 60 l. yearly, at the Feasts of, &c. by even and equal portions, at or in &c. That then from and after such default of payment thereof had and made in manner and form aforesaid, they the said Sir R. M. Knight, and W.H. and their Heirs, as also all other Persons that shall be seized of the said last recited premises, shall stand and be seized of the said last recited premises with the appurtenances, and of every part a parcel thereof untill such time as the said Sir R. M. Knight, and W. H. and their Heirs shall or may have received, levied, raised, had or taken of the Rents, Issues, Re∣venues, and profits thereof to the use of such Daughter or Daughters so not preferred in marriage, as aforesaid, such sum and sums of money as shall and may suffice and amount to pay unto such said Daughter and Daughters of the said R. H. and unto every of them the said sum and sums of 400 l. apiece for and towards their preferment in marriage and otherwise as aforesaid. And after the levying of the said se∣veral sum and sums of mony before in these presents mention∣ed to be levied of the Rents, Revenues or profits of any parts of the premises in manner and form aforesaid: Then to such uses, intents and purposes, and to the use of such Person and Persons, and for such title, estate ad estates, and under such Provisoes and Conditions as in these presents are of the said

Page 522

premises expressed, limited, mentioned and declared: Any thing before in these presents mentioned to the contrary thereof notwithstanding. And it is further covenanted, grant∣ed, concluded and agreed by and between the said Parties to these presents, That the said Fine and Fines so to be levied and had as aforesaid shall be, and that the said Sir R.M. Knight, and W.H. and their Heires, and the Survivor of them, and his Heirs shall stand and be seized of all such Lands, Tenements and Hereditaments, parcel of the said premises, which are in these presents limited or appointed to be charged with any rent sum of money, or payment to any person or persons, or which shall be hereafter bequeathed, granted, Leased, demised or charged with any rent or payment bargained, sold, granted, assigned or conveyed to any person or persons, according to the true intent and meaning of these presents, and according to the power, Liberty or authority left, permitted, or allow∣ed in these presents, as well to the use of such Person or Per∣sons, to whom any parcell of the said premises in these pre∣sents hereafter shall be so limited, appointed, devised, be∣queathed, demised, leased, bargained, granted, assigned or conveyed of such estate and for such term and time, as is in these presents mentioned, limited, appointed, or intended; As also to the use and intent, that every Person and Persons to whom any rent, Sum of money, receipt, or payment before in these presents is assigned, limited, or appointed, or to whom any Rent, Sum of Money, or payment shall be hereafter assign∣ed, limited, or appointed, according to the true intent and meaning of these presents, and acording to the power, liber∣ty and authority left, permitted, or allowed in an by these presents, shall and may have, receive, levy and take the same, and Distrain for such Rent, sum and sums of money, behind and not paid, according to the true intent and meaning of these presents, for which any Distresse is assigned, limited or appointed, or intended in these presents to be taken for and during such term and time, and in such sort manner and form as is mentioned, limited or appointed by these presents, or shall be hereafter limited, assigned or appointed, according to the Agreements, Liberties, and allowances before mentioned:

Page 523

And to the intent also that the rents, boons, customs and Ser∣vices to be reserved upon any Lease hereafter to be made by the said T.H. party to these presents, according to the agree∣ment, Liberty or authority limited, permitted or allowed to the said T.H. and of the Reversion and Reversions, remainder and remainders of the Lands so to be Letten to the use of such Person and Persons, to whom such Land and Tenements so Letten, should, or shall appertain or belong by the true in∣tent of these presents, and of such Estate and Estates as be∣fore are mentioned or intended in these presents, and to the intent that such Person and Persons may Distrain for the said Rent and Services, and the arrearages thereof, (if any be.) And the said T. H. Party to these presents, for himself, his Heires, Executors, Administrators and Assigns, doth covenant, grant, conclude and fully agree to and with the said Sir G. G. Knight, his Executors, Administrators and Assigns, and to and with every of them by these presents, That the said Manors, Messuages, Lands, Tenements, Hereditaments, and all other the premises, with all and singular their appurtenances, and every part and parcel thereof, whereof the Fine or Fines afore by these presents is mentioned, or Govenanted to be Le∣vied by the said T. H. as aforesaid, now are, and at the time of the levying of the said Fine to be levied as aforesaid, shall be, remain and continue to the uses, intents, provisoes, limi∣tations, conditions, purposes, agreements, and things afore∣said free, and clearly acquitted, exonerated and discharged, or otherwise, upon reasonable request, sufficienty saved and kept harmlesse, of and from all and all manner of gifts, grants, estates, Statutes Merchant and of the Staple, and all other Acts and charges, titles, troubles and incumbrances whatsoever, before the Levying of the said Fine, by the said T. H. had, made, done or suffered, (one estate made to the use of A. now the Wife of the said T. H. &c.) And all Leases heretofore made by the said T. H. for three Lives or 21 years or under, of Lands usually letten, whereupon the accustomed Rents and Services, or more are reserved, and shall or may be payable during the continuance of every such Lease or Leases: And the lawful Dower of A.

Page 524

now Wife of the said T.H. alwayes excepted and foreprized. And likewise the said Sir G.G. Knight, for himself, his Heirs, Executors, Administrators and Assignes, Covenanteth and granteth to and with the said T.H. his Heires, Executors, Ad∣ministrators and Assignes, by these presents, That the said Messuages, Lands, Tenements, Hereditaments, and all other the premises, with all and singular their appurtenances, and every part and parcel thereof, whereof the said Fine or Fines afore by these presents is Covenanted or mentioned to be Levied by the said Sir G.G. Knight, and Dame B. his Wife, or any of them, of the said Messuages, Lands, Tenements, Hereditaments and premises in G. as aforesaid, now are, and at the time of the levying of the said Fine thereof, and at all, and every time and times thenceforth shall be, remain and continue to the several uses, intents, purposes, conditions, provisoes, limi∣tations, agreements, and things afore in these presents ex∣pressed and declared free and clearly acquitted, exonerated and discharged, or otherwise upon reasonable request, suffici∣ently saved and kept harmlesse, and losselesse, of and from all and all manner of gifts, grants, estates, acts, things, charges and incumbrances whatsoever, had, made or done, or to be had, made or done, by the said Sir G.G. Knight, before the levying of the said Fine. (Leases made for 21 years, or three lives be∣fore the 25 day of September in the Year of our Lord God, &c. whereupon the old and accustomed Rents, Duties, and Services, or more is reserved, and shall continue yearly pay∣able, During the continuance of every such Lease and Leases, only excepted and foreprized.)

In witnesse whereof, to the first part of these Indentures, remaining with the said Sir G.G. Knight, the said T.H. Sir R. M. Knight, and W.H. have set their hands and seales: and to the second part remaining with the said T.H. the said Sir G.G. Knight, Sir R.M. Knight, and W.H. have set their hands and seales. And likewise unto the third part remaining with the said Sir R.M. Knight, and W.H. the said Sir G. G. Knight, and T.H. have set their hands and Seales, even the day and year first above written.

Notes

  • Sir G.G. drawn by Sir Tho. H. In considera∣tion of a Mar∣riage to be so∣lemnized be∣tween R.H. and K.G.

  • Covenanted: and agreed by and between the said Parties, That the faid R.H. shall before the Feasts of, &c. next ensuing the Date hereof marry and take to Wife K.G. if she the said K. will thereunto consent and agree.

  • And the like Covenant that K.G. shall be∣fore the Feast of, &c. next en∣suing the Date hereof take & marry to her Husband the said R.H. if he the said R.H. thereunto con∣sent.

  • In consideration of which marriage it is Covenanted, and agreed between the said Parties in manner following, That the said T.H. for himself doth Covenant to, and with the said Sir G.G. and his Heires, &c. that he the said T.H. before the Feast of, &c. next ensuing the date hereof, shall and will at the Costs and Charges in the Law of the said Sir G.G. and T.H. by Fine, with Proclamation in due form of Law, covey and assure unto Sir R.M. and W.H. and to the Heirs of one of them, or to the Sur∣vivour of them and his Heires, All and singular those his several Manors, &c. with the Appurtenances in the County of L.

  • The Fine and Parties to stand seized to such uses as here∣after at large is expressed.

  • Covenanted to make cer∣tain payments, and the Fines to be to the same uses.

  • The usuall clause of di∣stresse.

  • Proviso, that the covenanter to levy a fine; may make a Joynture to his Wife, for her life only, of a third part, or lesse, except such a Manor.

  • And that he may grant and assure to his younger Sons for life, such a yearly Rent, with distresse, out of certain Lands, so that the said Rent exceed not 20 l. per ann. a pecce.

  • And that he may make Lea∣ses to his yon∣ger Sons for 21 years, or one, two or three lives, charged or chargeable, with such rents as afore.

  • The said Lands so demised, not to exceed the ancient rent of 6 l. 13. s. 4 d.

  • The ancient rents to be re∣served, and services.

  • No lease to be made with∣out impeach∣ment of waste.

  • Power to make Leases to any person for 21 years, or three lives, of the waste Grounds, Moores and Commons, &c.

  • The ancient boons and ser∣vices to be re∣served and payable as accustomd. Power to make Leases, as be∣fore, of any the Manors, &c. charged or chargeable, as aforesaid (except, &c.) as Tenant in tail may lawfully do by the Statute of 32 H. 8 not otherwise.

  • And that he may grant to any his Ser∣vants rent-charges for life onely, out of certain Lands, so that all the said rents exceed not above 20. l. yearly.

  • Power to make Leases or other conveyance to any Person or devise, for such time as they might have taken of the profits such sums of mony, not exceeding 500 l. yearly to be taken, as shall suf∣fice (without fraud, &c) to pay such just debts or pay∣ments as he shall owe, not exceeding 500 l.

  • Power to give by Will or Deed, or to Lease, the lands of which the Fine is to be levied, (except, &c.) not exceeding the ancient rent and value yearly of 50 l. for the raising of such sums for Daughters portions.

  • Covenant, that such part of the Land as is liable to the payment of. &c. shall be chargeable to the distresses of, &c.

  • And that the said Lands out of which, are not, nor shall not be incum∣bred. But tha not∣withstanding such incum∣brances the Land shall be of sufficent value, besides the charges to answer the same.

  • Covenant, that the Fines to be levied, and that the Parties to whom, shall stand seized of all such Lands, &c. chargeable with any rent, sum of money or payment, or which shall be bequeathed, granted, lea∣sed &c. to the use of such Per∣sons. &c. to the intent that they may have, take, receive, enjoy, and di∣strain for the same, accord∣ing to the li∣mitation and appointment, &c.

  • The usual Co∣venant that the Manours, &c. shall con∣tinue to the uses dischar∣ged, or else sa∣ved harmlesse from all in∣cumbrances.

  • Certain for∣mer interests and estates, as also some to be made ex∣cepted.

  • And the said Sir G.G. cove∣nanteth for him, his Heirs, &c. to and with the said T.H. That the said Messua∣ges, Lands and Heredita∣ments, and all other the pre∣mises, with the appurtenan∣ces, whereof the said Fine or Fines, &c.

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