The compleat clark, and scriveners guide. Containing exact draughts and presidents of all manner of assurances and instruments now in use: as they were penned and perfected by divers learned judges, eminent lawyers, and great conveyancers, both ancient and modern. Whereunto is also added a concordance of years, from the time of King Richard the third untill this present; very usefull for conveyancers and others. With an exact alphabeticall table, whereby any of the said presidents may be easily found out.

MORTGAGES.

A Good Mortgage.

THis Indenture made &c. Between G: F: of L. Son of G. W. late of B. in the County of K. Gent. deceased, of the one party, and J: C: C: & F. of L. aforesaid, of the other party, witnesseth, That the said G. F. for and in consideration of the Sum of &c. of lawfull money of England to him paid, at the ensealing and delivery of these presents, by the said J. C. wherof and wherwith he the said G. F. doth acknowledge and confesse himself to be fully satisfied, and therof, and of every part and parcell therof, doth clearly acquit and discharge the said J. C. his Heirs Executors and Administrators, and every of them by these presents, hath aliened granted bargained sold conveyed assured and confirmed, and by these presents doth fully clearly and absolutely alien grant bargain sell convey assure and con∣firm unto the said J. C. his Heirs and Assigns for ever, all those five Messuages or Tenements, with all the Cellars Shops Sollers Entries Houses Stables Buildings Chambers Rooms Yards Back-sides Gardens Grounds Lights Easements Profits Commodities Hereditaments and Appurtenances whatsoever, to the same belonging or appertaining, or to or with the same usually occupyed used demised or enjoyed, now or late in the severall Tenures Possessions or Occupations of J. C: R, P. W▪ C. and R. W. their Assignee or Assigns, scituate lying and being &c. which said 5. Messuages or Tenements, were late but 3. Messuages or Tenements, and were sometime in the severall Te∣nures Possessions or Occupations of M. M. deceased, the said R. P. and J. C. their Assignees, or under-Tenants: And all and singular o∣ther the Messuages Gardens Lands Tenements and Hereditaments whatsoever, wherof or wherin the said G. F. hath any Estate of In∣heritance

or Free-hold, scituate lying and being in the said Parish &c. And the Reversion and Reversions, Remainder and Remainders, of all and singular the before mentioned bargained Premisses, and eve∣ry part and parcell therof: And also all and all manner of Rents Du∣ties Services and Profits reserved or payable, for or in respect of every or any of the said bargained Premisses. And also all the Right Estate Title Interest Possession use Claim and Demand whatsoever, which he the said G. F. now hath, may might should or ought to have, of in to or out of the Premisses before bargained and sold, or of in to or out of any part or parcell therof. And also all and singular Deeds Eviden∣ces Charters Writings Fines Escripts and Minuments, touching or concerning the said bargained Premisses, or any part or parcell therof, to have and to hold the said Messuages or Tenements, and all and sin∣gular other the premisses before by these presents granted, or meant mentioned or intended to be granted bargained sold and confirmed, with their and every of their appurtenances, unto the said J. C. his heirs and assigns for ever, to the only proper use and behoof of him the said J. C. and of his heirs and assigns for ever.

Provided alwaies nevertheless, and upon this Condition, That if the said G: F. his heirs executors administrators or assigns, or any of them, do and shall well and truly pay, or cause to be paid unto the said J. C. his heirs or assigns, or to any of them, at or in the now dwelling house of the said J. C. scituate and being &c: the severall Summs of lawfull money of England, hereafter in these presents mentioned, at the daies and times here limited and appointed, that is to say &c. without fraud covin or further delay, that then and from thenceforth this pre∣sent Indenture of bargain and Sale, shall cease determine and be utter∣ly void and of none effect, to all intents constructions and purposes: And that then also it shall and may be lawfull for the said G. F. his Heirs and Assigns, into and upon all and singular the said bargained premisses, and every part and parcell therof, wholy to re-enter, and the same to have again, retain, and repossess, as in his and their for∣mer Estate, any thing in these presents contained, to the contrary therof in any wise notwithstanding.

And the said G. F. for himself his Heirs Executors and Administra∣tors, and for every of them doth by these presents, covenant and grant, to and with the said J. C. his Heirs and Assigns, and every of them in manner and form following; That is to say, That he the said G. F. his Heirs Executors Administrators or Assigns, shall and will well and truly pay, or cause to be paid to the said J. C. his Heirs or Assigns, all the aforesaid severall Summs of money in the said Proviso mentioned, at the daies and times in the said Provisoes limited and ex∣pressed, without fraud or delay. And also that the said G. F. at the enfealing and delivery of these presents, is and untill a good and

perfect Estate shall be made and executed, of the said Premises unto the said I. C. and his Heirs as aforesaid, shall continue and be feised of all and singular the before mentioned bargained premises, and every part therof, of a good lawfull perfect absolute sole and indefeasible Estate in Fee-simple (without any other precedent Estate) to his own proper use and behoof, without any condition mortgage limi∣tation of use or uses, or other thing, to alter change determine or in∣cumber the same, or any part therof: And also that the said G: F: at the ensealing and delivery of these presents, hath, and untill all and singular the premises shall be well and sufficiently had, made, assured, and executed to the said I. C. his Heirs and Assigns, as is aforesaid, shall have any right, full power, and lawfull authority, to alien grant bargain sell convey assure and confirm, all and singular the said reci∣ted Premisses, with their appurtenances, and every part and parcell therof, unto the said I. C. his Heirs and Assigns, according to the true intent and meaning of these presents.

And also that the said G. F. hath not made any former Estate, Grant, Charge, or Incumbrance, of in or out of the said premisses, or any part therof, other then such as hereafter are mentioned to be ex∣cepted.

And further that the said Messuages or Tenements, and all and sin∣gular the before mentioned bargained premisses, with their and every of their appurtenances, shall remain and continue unto the said J. C. his Heirs and Assigns, under and upon the Condition or Proviso a∣foresaid, free and cleer, and freely and clearly acquitted exonerated & discharged by him the said G. F. his Heirs Exec••tor Admin. or some of them, of and from all and all manner of former or other Bargains Sales Gifts Grants Leases Joyntures Dowers Intails Estates Uses Wills Limitations of use, Statutes Recognizances Judgments Executions Seisures Titles Troubles Charges Incumbrances Claims or Demands whatsoever, had made committed done or suffered by him the said G. F. or by any other person or persons whatsoever, except a Rent of 50 l. per a n. and granted to E. W. and his Heirs, by Indenture bearing date &c. mentioned to be made &c. And also except one Lease by Inden∣ture dated &c. from the said G. F. to the said J. C. of all the said Mes∣suages or Tenements, and other the before mentioned bargained premisses, for the term of &c. wherupon it is to be paid &c.

And the said G. F. for him &c. doth by these presents further co∣venant and grant, to and with the said J. C. That the aforesaid Annui∣ty or yearly Rent of &c. before in the said Indenture, dated &c. hath been duly paid, according to the tenor of the said Indenture, untill the day of the date of these presents. And also that the same Annuity or yearly Rent of &c. shall be hereafter well and truly paid, or cause to be paid, at the daies and times in the said Indentures mentioned and

expressed, according to the true intent and meaning of the same In∣denture, untill &c.

And also that the said bargained premisses, at the ensealing and de∣livery of these presents, are, and so for ever hereafter, under or upon the Proviso or Condition aforesaid, shall continue and be to the said J. C. &c. for ever, of the full and clear yearly value of &c. over and above all Charges and Reprises whatsoever.

And further that the said G. F. his Heirs and Assigns, and all and every other person and persons whatsoever, having and claiming, or which ought to have or shall claim, or pretend to have any manner of Estate Right Title Interest Use Possession Interest claim or Demand, of in, to, or out of the said bargained premisses, or any part or parcell therof (except as is before excepted) shall and will at all times and from time to time, during the term of &c. at the costs and charges in the Law of the said G. F. &c. before the breach of the Proviso or Condition aforesaid, and after breach therof, at the proper costs and charges in the Law of the said J. C. his &c. shall and will well and truly do make execute and suffer, all such further lawfull and reaso∣nable act and acts, thing and things, Deeds Devises and Assurances in the Law whatsoever, for the further better more clear and per∣fect assuring surety sure making and conveying, having holding and enjoying of all and singular the before mentioned bargained pre∣misses, and every part and parcell therof, with their and every of their and every of their appurtenances, unto the said J, C. &c. to the only proper use and behoof of him the said J. C. &c. be it by Deed or Deeds, enrolled or not enrolled, Enrolements of these presents, Fine Feoffment Recovery with Voucher or Vouchers over Release and confirmation with Warranty or without Warranty, and by all and e∣very or any or so many of the said waies, or means, or by any other waies or means whatsoever, as by the said J. C. &c. shal be reasonably devised advised or required. And also that if at any time hereafter default of payment of the said severall Summs of lawfull money of England,, or any of them, or any part or parcell of them, shall for∣tune to be made at any of the daies and times before limited for pay∣ment therof, that then and in every such case the said I. C. &c. shall and lawfully may for ever, well and in peace, have hold occupy possess enjoy and keep all the said bargained Premisses, and every part and parcell therof, with their appurtenances, and the Rents Issues and Profits therof, and of every part and parcell therof, receive and take, to and for his and there own proper use and behoof (except before excepted) without the let trouble eviction expulsion disturbance claim or demand of the said G. F. &c. And it is by these presents concluded and agreed by and between all the said parties to these presents, that all and every Fine and Fines, Recoveries Feoffments Conveyances and

Assurances whatsoever, that shall hereafter be had made done levied knowledged executed or suffered by the said G. F. &c. unto the said I. C: or to any other person or persons, of the aforesaid bargained pre∣misses, or any part or parcell therof, shall be and enure, and shall for ever hereafter be deemed expounded construed adjudged reputed and taken to be and enure, to the use and behoof of the said I. C. his Heirs and Assigns, according to the tenor intention and meaning of these presents: And the said I. C. for himself &c. doth by these presents covenant and grant to and with the said G: F: W: &c. That it shall and may be lawfull to and for the said G. F. W. his Heirs &c: as well to have and enjoy all and singular the before mentioned bargained Premisses, as also to take and receive all the Rents Issues and Profits of the same, untill default of payment of the said severall Summs before mentioned, or any of them, or any part or parcell of them, shall be made in part or in all, at any of the daies and times before limited for payment therof, without the let trouble eviction expulsion disturbance or interruption of the said I. C. his Heirs or Assigns, or any of them, and without a∣ny account therof, or for any part therof to be had or made to the said I. C. his Heirs or Assigns. And wheras the said G. F. at the ensealing and delivery of these presents, hath delivered to the said I. C. certain Deeds Evidences Fines and Writings, which he hath concerning the said bargained Premisses, containing in all &c. he the said I. C. for him &c. doth by these presents further covenant and grant to and with the said G. F. W. his Heirs and Assigns, and every of them, that if the said G. F. W. Heirs Executors &c. do or shall well and truly pay or cause to be paid to the said I. C. his Heirs or Assigns, all the severall Summ and Summs of money in the said Proviso mentioned, at the daies and times therin limited for payment of the same as aforesaid, that then he the said I. C. his &c. shall deliver or cause to be delivered unto the said G. F. W. his Heirs or Assigns, all and every the Deeds Evidences Fines and Writings being mentioned whole safe uncancelled and undefa∣ced, and in as good plight as the said J: C. received the same from the said G. F: W: as aforesaid. And lastly the said G: F: W: &c. doth by these presents further covenant and grant to and with the said I: C: &c. that if default of payment shall be made of any of the Summ or Summs of money, in the said Proviso mentioned, or any part therof, at any of the daies or times therin limited for payment therof, that then he the said G: F: W: his Heirs or Assigns, shall deliver or cause to be delivered unto the said I: C: his Heirs or Assigns, all and singular other Deeds Evi∣dences Fines and Writings concerning the Premisses, which he the said G: F: W: now hath, or may lawfully come by without Suit in Law: In witness, &c.

A Release upon a Mortgage forfeited, and a further day given.

THis Indent. made, &c. between G: F: Citizen and Grocer of L. of the one part, and T. M. of L. Gent. and H. G. of H. in the County of H. Gent. of the other part witnesseth, That the said G. F. W. for and in consideration of the summ of &c. to him the said G: F: W. in hand paid at or before the Sealing and Delivery of the said T: M: the receit wherof the said G: F. doth hereby acknowledge and confess, and therof, and of every part therof doth acquit, exonerate, release and discharge the said T. M. his Heirs Executors and Administrators, and every of them for ever by these presents, hath Granted, Remised, Re∣leased, Quit-claimed and Confirmed, and by these presents doth for him and his Heirs for ever, Grant, Remise, Release, Quit-claime, and Confirm unto the said T. M. and H. S. in their full, quiet, and peaceable Possession and Seisin being, and unto their Heirs and As∣signs for ever, all the estate, right, title, interest, use possession, rever∣sion, conditions, limitation and limitations, of estate or estates, and all manner of benefit and advantage, wherof and all and all manner of Claim and Demand whatsoever, which he the said G. F. hath, may, can might, should, or of right ought to have or claim in Law or Equity, of in, or to all those five Messuages or Tenements, with all the Cellers, Shops, Sollors, Entrys, Houses, Stables, Buildings, Chambers, Rooms, Yards, Back-sides, Gardens, Grounds, Lights, Easements, Profits, Commodities, Hereditaments and Appurtenances whatsoever to the same belonging or appurtaining, or to, or with the same usually occupied, demised or enjoyed, now, or late in the several tenures, pos∣sessions or occupations of I. C. R. P: W. C. and R. W. their Assignee, or Assignees, scituate lying and being in the Parish of St. C. in the County of M. which said five Messuages or Tenements, were late but three Messuages then the several tenures, possessions or occupations of M. M. deceased, the said R: P. and J. C. (their Assigns, or under∣tenants; and also of, in, or to all and singular the Messuages, Lands and Hereditaments whatsoever, scituate in the said Parish of St. C. and which are mentioned to be bargained and sould by the said G: F: unto the said I: C: Citizen of L. his Heirs and Assigns, in and by one Inden∣ture of Grant, Bargain and Sale, bearing date &c. and made between the said G: F: of the one part, and the said I: C. of the other part and enrolled in his Majesties High Court of Chancery, so that neither he the said G. of W: nor his Heirs or Assigns, or any other person or per∣sons, for him or them, or in his or their name, hath, or hereafter may have any right, title, interest, claim and demand, in or to the Premisses

or any part therof; but that he the said G: F: W: and his Heirs, shall be from all right, title, interest, claim and demand, in or to the Premis∣ses, or any parcel therof utterly and wholly excluded, and for ever de∣barred by these presents.

And further witnesseth by these presents, that the said G. F. W. and his Heirs shall and will warrant, and for ever defend the premisses, and every of them unto the said T: M: and H. S. and their Heirs against the said G. F. and his Heirs, and against all and every person and per∣sons lawfully having or claiming, or which may hereafter lawfully have or claim or demand the Premisses, or any part therof, or any right, title▪ interest, claim or demand into the Premisses, or into, or out of any parcel of the the same, from, by, or under the said G F. W. his Heirs or Assigns, and against the Heirs and Assigns, of E: W: deceased, late eldest brother of the said G: F: W: & the said G. F. W. for him, his Heirs, Execu∣tors and Administrators, doth covenant and grant to and with the said T. M. and H. G: their Heirs and Assigns, in manner and form follow∣ing (that is to say) that the Premisses, with their Appurtenances shall for ever hereafter remain and continue unto the said T. M. and H G. their Heirs and Assigns, to the use and behoof of them and their Heirs, free and clear, and freely and clearly acquitted, exonerated and dis∣charged or otherwise well and sufficiently saved and kept harmless, of, from, for and concerning all, and all manner of former bargains, sales, gifts, grants, leases, estates, mortgages, dowers, joyntures, uses, wills, en∣tails, issues, seisures, amerciaments, rentseck, rentcharge and arrerages of rent, limitation of uses, Statutes Merchant, and of the Staple Iudgments, Recognizances, Extents, Executions, Intrusions, Titles, Troubles, Charges, Incumbrances, Claim and Demand whatsoever, had, made, committed, done or suffered by him the said G. F. W. or by any other person or persons whatsoever, lawfully claiming, by, from, or under him his Heirs or Assigns.

And further, That the said T: M: and H: G: their Heirs and As∣signs and every of them, shall and may from time to times and at all times hereafter lawfully, quietly and peaceably, have, hold, occupy, possess and enjoy the Premisses, with their Appurtenances, and every part and parcel therof without the let, denial, disturbance, expulsion or eviction of him the said G. F: W: his Heirs or Assigns, or of any other person or persons, lawfully claiming or deriving, or which shall or may lawfully claim or derive any estate, right, title or interest, by, from or under him the said G: F. W: his Heirs or Assigns, or in, by, from, or under the said E: W. deceased, the said eldest brother of the said G. F. W.

And further, That he the said G: F: W: and S. his wife, and the Heirs and Assigns of the said G: F: W: and all and every other person

and persons which now have, or which at any time after shall or may have any lawfull estate, right, title or interest, of, in, or to the Premises, or unto any part or parcel therof, by, from or under the said G. F. W: his Heirs or Assigns, or, by, from, or under the said E: W: the said el∣dest brother of G: F: W: shall all and will from time to time, and at all times herafter during the terme of seven years now next ensuing the date hereof upon reasonable request to be made by the said T: M, and H: G: their Heirs and Assigns, or any of them in that behalf, and at his and their proper costs and charges in the Law, do make, suffer, acknowledge and execute all and every such other and further lawful and reasonable act and acts, thing and things, devise and devises in the Law whatsoever, for the better Assurance, Surety, sure Making, Conveying, and Assuring of the Premisses, and every part therof, unto the said T: M: and H. G: their Heirs and Assigns, to the use and be∣hoof of them, and of their heirs and assigns for ever, as by his and their Councel in the Law shall be reasonably devised or advised and re∣quired.

Provided alwayes nevertheless and upon condition, that if he the said G. F, W: his Heirs Executors and Administrators, or any of them, do and shall well and truly pay, and cause to be we well and truly paid unto the said T. M. and H. G, their Heirs Executors or Assigns at the now dwelling House of the said H: G. scituate in F: &c. the several summs of lawful money of England hereafter in these presents menti∣tioned and expressed at the dayes and times hereby limited and ap∣pointed in manner and form following, that is to say, the sum of &c. without fraud, covin or further delay, that then the said T: M: and and H: G: for them their Heirs Executors and Administrators, do Co∣venant and Grant to and with the said G: F: W: his Heirs and Assigns, that they the said T. M. and H, G. and the Survivors of them, and his and their Heirs shall, and will upon reasonable request to be made by the said G: F: W. his Heirs or Assigns, and at his and their proper costs and charges, within forty dayes next after such full payment of the said several summs of money in manner and form aforesaid sufficiently con∣vey and assure the Premisses, and every part therof unto the said G. F. W. his Heirs and Assigns, for ever, or to such other person or persons, as he the said E: F: W: his Heirs or Assigns, shall by his or their Writing under his or their Hand and Seal, direct, limit or ap∣point, freed and cleared, of, and for all estates, charges and Incum∣brances whatsoever, had made, done, committed, suffered, or execu∣ted to them, or either of them, their, or either of their Heirs or As∣signs, and the said G. F. W. for him his Heirs Executors and Admini∣nistrators, doth Covenant and Grant to and with the said T: M: and and H: G: their Heirs Executors and Assigns, that he the said G: F: W: shall and will, well and truly pay, or cause to be paid to the said T: M:

and H: G: their Heirs Executors or Assigns, the several summs of mo∣ney in the said Proviso and Condition mentioned at the severall dayes and times in the said Proviso limitted and appointed.

And lastly, It is Covenanted, Granted, Condescended, Concluded and Agreed upon, by and between the said parties to these present In∣dentures, that it shall and may be lawful to and for the said G: F: W: his Heirs and Assigns, to have, take, and receive, all and singular the rents, issues and profits of the Premisses, to his or their own proper use and behoof until default of payment of the said several summs of money before mentioned, or any of them, or any part or parcel of them in part, or in all at any of the said dayes and times before limited for payment therof without the let, trouble, denial eviction, interrup∣tion, or disturbance of the said T. M. and H. G. their Heirs or As∣signs, and without any account therof, or for any part therof to be had or made to the said T: M: and H: G: or either of them, their, or either of their Heirs or Assigns; He the said G: F: VV. his Heirs and Assigns, paying and discharging in the mean time, as well the yearly rent charge of 50 l. issuing out of the Premisses and payable yearly unto the Heirs and Assigns of E: VV: late Citizen and Clothworker of L: deceased, as also all such Taxes, Rates, Payments and Duties whatsoever, which shall from time to time happen to be taxed, rated, imposed or otherwise become due and payable, for and in respect of the Premisses, or any part therof. In witness, &c.

Of a Demise of a Messuage, &c,

THis Indenture made, &c. Between I. F of the one part; and G. S. of the other part, witnesseth, That whereas the said G. S. by Deed inden∣ted under his hand and seal bearing date, &c. hath bargained sold demi∣sed granted, and to farm letten unto the said I. F. his Executors, &c. All that Messuage, &c. To have and to hold the messuage &c. from the date of the said Indenture for ninty nine yeares, under the yearly Rent of one Pepper corne, as by the said recited Indenture, relation being thereunto had, more at large appeareth.

Now this Indenture Witnesseth, that the said I, F. for divers good cau∣ses and considerations him thereunto moving, hath bargained sold beta∣ken, and to farm letten, and by these presents, doth bargain sell betake, and to farm let unto the said G: S. his Executors Administrators and Assigns, the said Messuage, &c. and the Reversion and Reversions Rents Issues and profits of all and singular the said Messuages and premisses, and of every part and parcell thereof, to haue and to hold the said Messu∣age, &c, unto the said G. S. his Executors, &c. from the ensealing and

delivery of these Presents, unto the end and terme of ninty nine yeares from thence next ensuing, and fully to be compleat and ended. Provided alwaies, and these presents are, upon this condition, nevertheless that if the said G. S. his heirs &c. do not or shall not from henceforth yearly, and from year to year, for and during the naturall lives of R F. and S. F. chil∣dren of the said I: F: and the longer liver of them, well and truly pay or cause to be paid unto the said J: F: his Executors, such a summ or yearly Rent at such a place and dayes in every year by equall portions without a∣ny deduction allowance abatement or defalcation whatsoever, that then and from thenceforth this present Lease of the same premises, shall cease deter∣mine and be utterly void and of none effect to all intents and purposes as if these presents had never been made, and then and at any time afterwards it shall and may be lawful unto, and for the said J: F: his Executors, &c: to enter into, and upon the said messuages and premisses, or any part thereof in the name of the whole, and the same to have again retain and repossess as in his and their first and former Estate. and the said G: S: his Executors Administrators and Assigns, and all other occupiers of the Premisses there out and from thence utterly to expell put out and amove, this In∣denture or any thing herein contained to the contrary thereof in any wise notwithstanding.

And the said G: S: &c: doth covenant with the said J: F: &c: that the said G: S: his heirs, &c: or some of them shall and will from time to time and at all times hereafter, during the naturall lives of the said R. F. and S. F. children of the said J. F and the life of the a longer liver of them well & truly pay or cause to be paid unto the said I. F. his Executors &c. the said annuall sum, or yearly payment of &c. at the place days and times above mentioned for payment thereof, and in manner and form aforesaid without making default of payment, of or in any one point thereof, and without a∣ny deduction allowance abatement or defalcation whatsoever, and that he the said G. S. his Executors; &c. shall from time to time and at all times during the naturall life and lives of the said R. F. and S. F. and the life of the longer liver of them, well and sufficiently repair uphold support su∣stain and maintain and keep the said messuage &c. in by and with all and all manner of needful & necessary reparations & amendments whatsoever, when where or as often as need shall require. And also, that it shall and may be lawfull to and for the said I: F: his Executors or Assigns with workmen or others; in his their or any of their companies, or with∣out twice in every year, yearly during the naturall lives and life of the said R: F: and S. F. and the life of the longer liver of them, to enter and come into the said Messuage or Tenement in every or any part thereof there to view search and see the state of the reparations of the same of and every part therof, and all such defaults and wants of repair as upon every such view or search shall be found to give or leave notice or warning in writing at the same premisses, or some part thereof unto, or for the said G

S. his heirs or assigns, to repair or amend the same defaults and wants of Reparations within the space of six months then next ensuing.

And it is lastly the agreement of the said I. F. for himself his Execu∣tors, to and with the said G. S. his heirs, &c, by these presents, that the said G. S: his heirs, &c: paying the said yearly summ of &c: in form aforesaid, and performing fulfilling and keeping all and singular other the covenants grants clauses and agreements therin contained on his and their parts, to be done and performed, shall and may peaceably and quietly have hold occupy possess and enjoy all and singular the messuages and premisses above herein and hereby granted, and to farme letten with their appur∣tenances, and every part thereof during the said terme thereby granted without any let trouble interruption incumbrance or disturbance, of or by the said I: F: his Executors, &c: or any of them or any other person or persons lawfully claiming, or which shall or may lawfully claime by from or under him them or any of them, In witness &c:

A good Mortgage by Deed inrolled, and Defeasance thereupon, with a clause if the money be not paid according to the Pro∣viso, that the Mortgagee paying a further summ shall have the Land established.

THis Indenture, &c: Between P. R. Citizen and Draper of L. and W. D of C. in the Parish of L. in the County of L. Chapman on the one par∣ty, and J. S. of S. in the county of L. Esquire son and heir of I. S. late of S. aforesaid Esquire, deceased on the other party, witnesseth, That whereas the said I. S. party hereunto by Indenture of bargaine and sale under his hand and seale bearing the day of the date of these presents & sealed and delivered at one instant of time, together with these presents and intended to be inrolled in the High Court of Chancery for and in consideration of the summ of 500 l. of &c. therein mentioned to be to him paid by the said P. R. and VV. D. hath granted bargained sold aliened enfeoffed and con∣firmed unto the said P. R. and VV. D. and to their heirs and assigns for e∣ver, all that capitall messuage & Tenement &c. as by the said recited In∣denture of bargaine and sale (Relation being thereunto had) more at large appeareth.

It is neverthelesse provided covenanted granted concluded conditioned condescended declared and agreed, by and between all the said parties to these presents, for them their Heirs Executors Administrators and As∣signs, and each and either of them the said P. R. and VV. D: severally and respectively by and for himself his respective Heirs Executors Admini∣strators and Assigns, and not joyntly nor one for another, nor one for the

act of another, doth covenant promise grant condescend and agree to and with the said I. S. party hereunto his heirs and Assigns and every of them by these presents, That if the said I. S. party hereunto, his Heirs Exe∣cutors Administrators or Assigns, or any of them, do and shall yearly and every year for and during the space of seven years, to be accounted from the day of the date of these presents, well and truly pay or cause &c. unto the said P: R: and VV. D. or either of them, their or either of their Ex∣ecutors Administrators or Assigns, at the now dwelling house of &c. the yearly summ or annuall payment of 40 l. of &c. on the fifteenth day of December, and the fifteenth day of June in every year by equall por∣tions without any deduction allowance abatement or defalcation to be had made or claimed▪ for or by reason colour or means of any taxes or assess∣ments to be laid or set upon the Messuage Lands and premisses aforesayd or any part thereof, or by colour or means of any Order or orders, Ordi∣nance or Ordinances, Act or Acts of Parliament made or to be made or otherwise howsoever. The first payment therof to begin and be made on the December next ensuing the date of these presents.

And also if the said I. S. party hereunto his Heirs Executors Admini∣strators or Assigns, do well and truly pay or cause, &c. unto the said P. R. and VV. D. or either of them, or to the Executors Administrators or Assigns of them, or either of them, at the place of payment aforesaid, the summ of 500 l: of like &c: on the twentieth day of June, which shall be in the year, &c, and do make no default of payment of or in any one payment of the sums of money aforesaid. And also if upon convenient notice given or left at the said Capitall messuage after the expiration of two years now next ensuing, he the said I. S. his Executors or Administrators shall with∣in six months next after such notice pay or cause to be paid to the said P. R. and W. D, or either of them their or either of their Executors or Administra∣tors, the said sum of 500l. and such Consideration as shal be then behind and unpaid according to the rate of use, that then and from thenceforth the said recited bargain and sale and the uses therein limited, shall cease determin and be utterly void and of none effect. And that then or at any time after wards, the said P. R. &c. their Heirs or Assigns shall and will upon the rea∣sonable request of the said I. S. party, &c. his Heirs or Assigns yeild and de∣iver up the said Indenture of bargain and sale, and that part of these present Indentures which is under the hand and seal of the said I. S. party, &c. if the same be not in the mean time casually lost destroyed cancelled or defaced by fire or otherwise unto him the said I. S. party, &c. his Heirs or Assigns, to be cancelled and made void, together withal and singular the Deeds & Eviden∣ces mentioned in the Schedule or inventory hereunto annexed, saving in case of casualty as aforesaid safe and uncancelled, and then also or at any time afterwards, the said P. R. &c. their heirs or Assigns, shall and will upon the like reasonable request and at the costs and charges in the Law of the said I. S. party &c. his Heirs or Assigns grant reconvey and reassure all

and singular the capitall Messuage Tenement or Mansion house Lands and Hereditaments in and by the said recited Indenture of bargain and sale granted bargained sold and conveyed with their Appurtenances and every part and parcell thereof unto the said I. S. party, &c. his heirs and assigns or to such other person or persons, as he or they shall in that behalf direct and appoint freed and discharged of and from all and all manner of former E∣states Leases Dowers Titles Troubles Charges and Incumbrances had made committed or done by them the said P, R. &c. their heirs and assignes or any of them at any time or times before the making of such conveyance or reassurance, as by the said I. S. party, &c, his heirs or assigns, or his or their Councill lerrned in the Law, shall be reasonably devised or advised and re∣quired, so, that in such Reassurance, no greater or other warranty be inclu∣ded then only against the said P R. &c. respectively their respective heirs and assigns: And so as for the doing thereof, the parties who are to joyne therein be not compelled to travell further, then the Cities of L. and W. or one of them. And the said J. S. party, &c. for himself his Heires Execu∣tors Administrators and Assigns, and for every of them, doth covenant pro∣mise grant and agree to and with the said P. R. &c. and either of them, their and either of their Executors Administrators and Assigns by these presents that he the said J. S. party; &c. his Heirs Executors Administrators and Assigns or some of them shall and will from time to time well and truly pay, or cause, &c. unto the said P. R. &c. their Executors Administrators or Assigns, the said yearly sum or annuall payment of 40 l of &c. for and du∣ring the said term of five years, and the said summ of 500 l: of &c. at the place and severall dayes and times above mentioned for payment thereof and in manner and forme aforesaid, without making default of payment, of or in any one payment thereof, and without any deduction abatement allowance or defalcation to be had made or claimed for or by colour or meanes of any taxes or assesments to be laid or set upon the Messuage Lands and premisses afore∣said, or for or by reason of any Act Order or Ordinance of Parliament or otherwise howsoever.

And that in case the said I. S. party, &c: his Heirs Executors Admini∣strators or Assigns, do or shall make any default of payment of or in any one payment of the yearly summ of 40 l. above mentioned or of the said summ of 500 l. or any part thereof, contrary to the form of the covenant or condition above expressed. Then if the said P. R. his Executors Administrators or Assigns, do and shall at any time afterwards within the space of six months next after any such default of payment as aforesaid, well and truly pay or tender to be paid unto the said I. S: his Heirs or Assigns, at &c. a further summ of 500 l. of &c. (deducting and defalking out of the same, all such summ and summs of money, as shall then be due and payable for the interest of the summ of 500 l. first above mentioned, that then or at any time afterwards, he the said J. S. his Heirs or Assigns shall and will upon the reasonable request, and at the costs and charges in the Law of the said

P. R: &c. their Heirs or Assignes, or any of them well and sufficiently and in due forme of Law, grant, release, convey and assure all and sin∣gular the said Capitall Messuage, Tenement or Mansion house, Lands and premisses above mentioned with their appurtenances, and all his and their Estate, right, title, interest, power and benefit of redemp∣tion, claime and demand whatsoever, of into and out of the same, and e∣very part thereof unto the said P: R. &c. their Heirs or Assignes or such other person or persons as they either or any of them shall in that behalfe direct and appoint, freed and discharged of the Provisoe, Con∣dition or agreement above mentioned, and of all power and benefit of redemption; by such assurance and conveyance in the Law: As by the said P R. &c. And further that in case the said P R. &c. their Exe∣cutors or Assignes shall at any time hereafter before the end of the said Tearme of five yeares be compelled or compellable by any act or Ordinance of Parliament made or to be made or otherwise to accept and take after the rate of 6 l. per cent. for the forbearance of the sume of 100 l: for one year or lesse then the sum of 8 l. per cent: for the 500 l. above men∣tioned. That then he the said J: S. partie, &c. his Heirs or Assignes, shall and will at the end of six moneths after notice or warning in that behalfe, given or left by the said P. R: &c. their or either of their Ex∣ecutors, Administrators or Assignes, at or in the said capitall Messu∣ages well and truely pay or cause to be paid unto the said P: R: &c. their Executors, Administrators or Assignes at the place of payment aforesaid the said summe of 500 l. and all such part, and so much of the said annuall summe of 40 l. above mentioned, as shall be then in ar∣reare unpaid and unsatisfied. Aad it is lastly the agreement of the said P. R. &c: for themselves, their Executors and Assignes that the said I. S: partie &c: his Heirs and Assignes, shall and may have, hold and enjoy all and singular the said Capitall Messuage, Tenement or man∣sion house, Lands, and Hereditaments and every part thereof and re∣ceive and take the Rents and profits thereof to his owne proper use untill default of payment made of or in some one payment of the payments a∣foresaid contrary to the forme above declared without any let, hinde∣rance or impediment, of or by the said P R. &c. or either of them, their or either of their Heirs, Executors or Assignes or any of them: In wit∣nesse, &c.

A good Mortgage by way of Lease for five hundred yeares.

THis Indenture, &c. Between T P. of I. in the County of S. Gent. Son and Heir of T P. late of N. in the same County, Doctor of Physick deceased on the one part, and T. B. of the City of London Marchant on the other partie: Witnesseth that the said T P. partie to these presents, for and in consideration of the summe of 800 l. of &c. to him in hand paid by the said T: B: at and be∣fore the ensealing and delivery of these presents. The receipt where∣of the said T P. partie to these presents, doth hereby acknowledge, and himselfe therewith fully satisfied, and thereof and of every part thereof doth clearly acquit, exonerate and discharge the said T B. his Executors and Administrators by these presents. Hath bargained sold, demised, granted and to farme letten, and by these presents doth, unto the said T B. his Executors, Administrators and Assignes. All that the manner of H. in the County of S. with the Rights, Mem, bers, and Appurtenances thereof, and all Messuages, houses, waters, Mills, Lands, Tenements, Meadows, Pastures, Feedings, Woods Underwoods, Commons, Heaths, Furres, Mooress, marches, Wasts, Profits and Perquisits of Courts rent of Copy-holders, and Free-holders, chiefe-rents, quit-rents Rents of Assize, fines, herriots, amerciaments, services, reversions, royalties, priviledges, franchises jurisdictions, profits, commodities, hereditaments and appurtenances whatsoever to the said Mannor belonging or appeataining, or ac∣cepted, reputed or taken; as part; parcell or member thereof: And also all that Tenement with the close or parcell of Pasture, wherein the said Tenement standeth containing by estimation, &c. be the same more or lesse, Scituate, lying and being in the Parish of H. in the County of S. now or late in the severall tenures or occu∣pations of &c. or of their Assignes. And also all that peece, &c. And all woods, under-woods, timber and trees standing, growing, or being in upon or about the severall Closes, peeces or parcells of Ground abovementioned, and every or any part thereof. And all waies, waters, commons, and common of Pasture, profits, commo∣dities, hereditaments and appurtenances whatsoever to the said te∣nement and severall closes ot parcells of Land or ground and every or any of them belonging or appertaining or with them, or any of them used, occupied or enjoyed. And all other the Messuages, Lands, te∣nements and hereditaments which were conveyed and assured by and from G. S. of &c: and I. W. of &c. to the said T P. deceased in and by a certaine Indenture of bargaine and sale under their hands and Seales bearing date, &c. and inrolled in the high Court of Chan∣cery. And the Reversion and Reversions, Rents, Issues and profits,

of all and singular the Mannor, Tenement, Lands and premisses above mentioned, and every part thereof. To have and to hold all and sin∣gular the said Mannor, Tenement and severall Closes and parcells of Land and all other the premisses above, in and by the these presents demised, granted, bargained and sold with their and every of their appurtenances, and the Rents and Reversions thereof unto the said T B. his Executors, Administrators and Assignes from the ensealing and delivery of these presents unto the end and terme of 500 yeares from thence next ensuing, and fully to be compleat and ended with∣out impeachment of or for any manner of Wast, strip, or spoile, yeilding and paying, therefore yearly and every yeare during the said terme unto the said T P. partie hereunto his Heirs and Assignes the yearely Rent of one Pepper corne, on the Feast day of All Saints in every yeare (if it be demanded, and no more) Provided al∣wayes and these presents are upon this condition, Neverthelesse, that if the said T P. partie hereunto his Heirs, Executors, Administrators or Assignes, or any of them, do and shall yearely and every yeare from henceforth for and during the terme of five years now next en∣suing, well and truly pay or cause to be paid unto the said T. B. his Executors Administrators or Assignes. At the &c. in London the yearly summ or annuall payment of 48 l: of &c. on the 26th. day of January, and 26th. day of July in every yeare by equall portions. The first payment thereof to begin and be made on the 26th. day of January now next ensuing. And also if the said T P. partie here∣unto his Heirs, Executors, Administrators or Assignes, do and shall, well and truely pay or cause to be paid unto the said T B. his Execu∣tors Administrators or Assignes, at the place of payment aforesaid, the summe of 800 l. of like good and lawfull money of England on the last day of July, which shall be in the yeare, &c. And in case the said T P. party hereunto shall be minded to repay the said 800 l. be∣fore the end of the said five years, and do and shall give or leave no∣tice or warning thereof in writing, at the now dwelling house of the said T. B. in &c. on any twentieth day of January or twentieth day of July, within the last two years of the five years aforesaid, and do and shall truely pay to the said T B. his Executors or Assignes at the place of payment aforesaid, the summe of 800 l. of &c. at the next halfe years day of payment then ensuing, together with all such part and so much o•• the said yearly summe of 48 l: as shall be then due and payable: And do make no default of payment of or in any one payment of the summes of money aforesaid, That then and from thence forth this present grant, bargaine, sale and demise of all and singular the same premisses shall cease, determine, and be utterly void and of none eflect, to all intents and purposes, as if the same had ••ever been made, This Indenture, or any thing herein contained

to the contrary thereof in any wise notwithstanding: And the said T P: partie hereunto for himself his Heirs Executors and Admini∣strators, and for every of them doth covenant promise grant and a∣gree to and with the said T B. his Executors Administrators and As∣signes and to and with every of them by these presents, in forme fol∣lowing. That is to say. That he the said T. P. partie hereunto at the ensealing and delivery of these presents, is the very true lawfull and rightfull owner of the said Mannor, Tenement, Lands, and all other the premisses above herein, and hereby demised, granted, bargaind and sold or meant, mentioned or intended to be hereby demised, granted, bargained and sold with their appurtenances, and of every part and parcell thereof. And now is and standeth lawfull seised in his demeasne, as of Fee, of and in all and singular the said Mannor, Tenement, Lands, and premisses with their appurtenances, and of e∣very part thereof, of a good, sure, lawful perfect, rightful, absolute & indefeazable estate of Inheritance in Fee-simple, without any reversi∣on, remainder, limitation of use or uses, power of revocation, or other matter or thing whatsoever, of or in any person or persons, to alter, change, or determine the same. And that he the said T. P. partie to these presents, now hath in himselfe full power, good and per∣fect right, and lawfull authority, to demise grant, bargaine and sell, all and singular the said Mannor, Tenement, Lands, Hereditaments and premisses, above mentioned with their appurtenances, and every part thereof unto the said T B. his Executors, Administrators and Assignes, for and during the said terme of 500 years in manner and forme aforesaid, and according to the true intent and meaning of these presents. And also that the said T B: his Executors, Administrators and Assignes, shall and may from time to time, and at all times (from and after default of payment made of the severall summes of money aforesaid, or any of them, or any part thereof) peaceably and quietly enter into have hold, occupy, possesse, and enjoy the said Mannor, Tenement, Lands, Hereditaments and premisses above, in and by these presents demised, granted, bargained and sold with their and every of their appurtenances and every part and parcell thereof for and during the said terme of 500 years, without any let, trouble, inter••uption, incumbrance or disturbance of or by the said T P. party hereunto, his Heirs, Executors, Administrators or Assignes, or any of them, or of or by any other person or persons whatso∣ever.

And further that the said Mannor Tenements Lands Hereditaments, and all other the Premisses above in and by these presents mentioned or intended to be herein and hereby demised &c. with their and every of their appurtenances, now are, and be, and so from time to time and at all times hereafter, for and during the said term of 500 years, shall be

remain and continue, and be had holden and enjoyed unto and by the said T. B. his Executors Administrators and Assigns (subject to the Proviso or Condition above mentioned) free and clear, and freely and clearly acquitted exonerated and discharged, of and from all and all manner of former, and other Gifts Grants Bargains Sales Leases Joyn∣tures Dowers U••es Wills Entails Statutes-Merchant and of the Staple Recognizances Judgments Extents Executions Rent-charge Rent▪seck Annuities yearly payments Fines Issues Amerciaments Seisures Seque∣strations, and cause and causes of Sequestration. And of and from all other Estates Titles Troubles Charges and Incumbrances whatsoever, had made committed suffered by the said T: P. party hereunto, or by any other person or persons whatsoever, the Rents and Services from henceforth to grow due and payable to the chief Lord and Lords of the Fee and Fees of the Premisses, in respect of his and their Seigniory and Seigniories excepted and foreprised. And except one annuity or year∣ly Rent charge of 10 l. per annum, issuing and payable out of the Pre∣misses, or some part therof, unto E: M: Mother of the said T. P. party hereunto, for and du••ing the term of her naturall life, and no longer. And also except one Lease or Grant made of parcell of the Premisses, by the said T, P. party &c. unto the said T. L. for a certain term yet enduring, at and under the yearly Rent of 42 l: And also except one o∣ther Lease made of other parcell of the Premisses, by the said T. P. par∣ty &c. to the said &c. for a certain term yet unexpired, wherupon the yearly Rent of 16 l. is reserved and payable, which said severall yearly Rents of 42 l. and 16 s. in and by the said severall excepted Leases re∣served, shall from and after default of payment made of the Summs of money aforesaid, or any of them become due and payable unto the said T: B. his Executors Administrators and Assigns, for and notwith∣standing any act or thing, had made or done, or to be had &c. by the said T. P. party &c. or by any other person or persons.

And moreover that the said T. P. party &c. and his Heirs, and all other person and persons, and their Heirs, having claiming deriving or pretending, or which can or may hereafter have or claim any manner of Estate Right Title Interest Claim Benefit or Demand, of into or out of the said Mannor Lands Hereditaments and Premisses above menti∣oned, to be herein and hereby demised granted bargained and sold, with their appurtenances, and every or any part or parcell therof (except as aforesaid) shall and will from time to time and at all times (from and after default of payment made of the Summs of money in the Proviso and Condition aforesaid expressed, or any of them, upon the reasonable request, and at the costs and charges in the Law of the said T. B. his Executors Administrators and Assigns, make do knowledg levy suffer and execute, and cause and procure to be made &c. unto the said T: B: his Executors Administrators and Assigns, all and every

such further lawfull and reasonable Act and Acts, Thing and Things, Deeds Devises Grants Releases Conveyances and Assurances in the Law whatsoever, for the further and better more perfect and absolute gran∣ting conveying and assuring of the said Mannors Tenements Lands and Premisses, above herein and hereby demised granted bargained and sold, with their appurtenances, and every part and parcell therof, un∣to the said T. B. his Executors Administrators and Assigns, for and during the said term of 500. years, discharged of the Proviso or Con∣dition aforesaid, and of all power and benefit of redemption: As by the said T. B. by his Executors Administrators or Assigns, or his or their Councell learned in the Law, shall be reasonably devised or ad∣vised and required.

And it is lastly agreed by and between the said parties to these pre∣sent••, for them their Heirs Executors and Assigns: That the said T. P: party &c: his Heirs Executors and Assigns, shall and may have hold and enjoy the premisses, and receive and take the Rents and Profits therof, to his and their own proper uses, untill the first default of pay∣ment shall be made of the Summs of money, in the Proviso and Condi∣tion aforesaid expressed, without any let hinderance or deniall of or by the said T. B. his Executors Administrators or Assigns, or any of them. Any thing herein contained, to the contrary notwithstanding &c. In witnesse, &c.

In a Bond to pay the money. In a Bond for performance of Covenants.

A Lease of a Garden for 1000. years, with Covenant to con∣vey over the Fee-simple of the Premisses to the Leassee, or his Heirs, if they require it.

THis Indenture &c. Between M. B. Citizen and Goldsmith of L. on the one party, and H. W. of the City of L. aforesaid, Son of W: W: Citizen and Painter-steyner of the same City, on the other party, witnes∣seth, That the said M. B. for and in consideration of the Summ of 45 l. of &c. wherof &c. Hath given granted demised betaken and to farm-letten, and by these presents &c. unto the said H. W. his Executors and Assigns, all that Garden and Garden ground, and the Lodge therin builded, and the one half of the Well in the West end therof, and all Buildings within the same Garden, and all the Hedges Fences and Inclosures therof, with all and singular the Appurtenances and Commodities therof, now being in the proper holding and occupation of the said W. W. scituate lying and be∣ing on the West side of M: without Mortgage of the City of L. between M.

aforesaid on the South side, and the Garden in the holding &c. on the North side, and doth contain in length by the North side, from East to West 128, foot of assize, and by the South side in length as aforesaid, 113. foot of as∣size, and in breadth &c. To have and to hold the said Garden and Garden ground, and the Lodge Buildings Hedges Fences and Commodities therof aforesaid, with all and singular their Appurtenances, to the said W: W: his Executors Administrators and Assigns, from the day of the date of these presents, by and during all the whole term of 1000. years, from thence next following, and fully to be compleat and ended, without im∣peachment of any manner of Wast, yeilding and paying therfore yearly to the said M. and his Heirs, one silver penny in the Feast of All saints (if it be asked) And the said M. B. for him his Heirs Executors and Ad∣ministrators, and every of them, covenanteth and granteth, to and with the said W. W: his Executors Administrators and Assigns, and every of them by these presents, in manner and form following; That is to say, That he the said M. B. now at the ensealing and delivery of these presents, is by good and sure Title in the Law, lawfully and solely seised of the said Garden, and all other the above demised Premisses, in his Demesne as of Fee simple, without any limitation of Ʋse Defeazance Mortgage or Con∣dition, to and for the only use of the said M. and his Heirs for ever.

And that he the said M. B. hath good right and lawfull power and au∣thority to give grant demise and assure all the said Garden and Garden ground, and all and every other the Premisses above demised to the said W: W: his Executors Administrators and Assigns in manner and form a∣foresaid. And that the said Garden and Premisses, now are and from henceforth from time to time and at all times, unto the end of the said term, shall be and continue unto the said W. his Executors Administrators and Assigns, free and cleerly discharged and acquitted, or otherwise by the said M. and his Heirs saved harmlesse, of and from all and singular former Gifts Grants Bargains Sales Leases Statutes Recognizances Annuities Fees Joyntures Dowers Entails Fines Amerciaments, Fines for alienation and licence of Alienation Intrusions, and all other Estates Titles and Incum∣brances whatsoever, had made done or suffered by the said M: B: or Sir M. B. Knight, his Father deceased, or T: B: his Brother, Son and Heir of the said Sir M: or by any other person or persons, claiming or having any E∣state Title or Interest in or to the said Garden, or any other the Premis∣ses, by from or under the said M: B: and Sir M: B: Knight, and T. B. or a∣ny of them (The chief Rents from henceforth to be due to the chief Lord or Lords of the Fee: And one Lease made and granted of the said Garden by the said Sir M. B: to A. B. by Indenture, bearing date &c. (onely except and foreprised.)

And moreover the said M. covenanteth &c. That he the said W: his Executors Administrators and Assigns, from henceforth unto the end of all the said term of 1000. years shall or lawfully may not only have hold

occupy and possesse all the said Garden and Garden ground, and all and e∣very other the above demised Premisses: But also shall or may lawfully have take perceive receive and enjoy, all the Issues Profits Rents Rever∣news and Commodities therof, and of every part and parcell therof, with∣out any let molestation interruption or resistance of or by the said M. B. or his Heirs, or of or by any other person or persons, which shall have or make any Title in or to the said Garden and Premisses, or any part therof, by from or under the said Sir M. B. Knight, T. B. and M B. or by from or un∣der them or any of them, or by or through any act or acts, thing or things done or occasioned by them or any of them, the said former Lease made to the said A. by Indenture as is aforesaid, only except.

And further that if at any time hereafter, the said W. W. or his Heirs, shall require the said M. B. or his Heirs, to convey and assure the said Gar∣den and Garden ground, and all other the above demised Premisses, with their Appurtenances unto the said W. or to his Heirs or to any other per∣son or persons, or their Heirs in Fee-simple, that then upon such request made, the said M. B. and his Heirs, at the costs and charges in the Law of the said W: W: or of his Heirs, shall make do knowledge and finish and suf∣fer to be done, all and every such act and acts, conveyance and conveyan∣ces, assurance and assurances, for the conveyance and assurance in the Law of all the said Garden and Garden ground, and of all other the above demi∣sed Premisses in Fee-simple to the said W: and his Heirs, or to any other person or persons and their Heirs therfore to be named by the said W. W. or his Heirs, or to such use and uses, and in such manner and from, as by the said W. or his Heirs, or by his or their learned Councell, shall be lawfully and reasonably deuised and appointed, so as it be with warranty only of the said M: B: and of his Heirs against him and them, and his and their Heirs; and no further. And that then at the time of such conveyance and assu∣rance making therof, the said Garden and Premisses shall be and from henceforth continue cleer and free from all former Grants Bargains Sales and Incumbrances whatsoever, made done or suffered, or to be made done or suffered by the said Sir M. B. Knight, M. B. and T. B. or any of them, or by any other person or persons, by or under their Estate or Estate of any of them, this present Lease, and the other former Lease above specified and excepted, only excepted and foreprised: In witness &c:

A Lease of Land for 500. years for Assurance of payment of a of a summ of money, with Covenants for Atturnment of the Tenants of the Premises, and for the assuring of Land to the Leasee and his heirs for ever, and request if breach of payment be made, &c. A Lease devised to avoid Bargain, Livery, and En∣rolling, &c.

THis Indenture &c. Between the Right Honorable H: Earl of H. Lord H. &c. on the one party, and H. B. Haberdasher of &c. on the other part witnesseth, That the said Earl for and in consideration of the summ of 2650 l: of &c. wherof &c. hath Demised &c. all and singular those the Mannors of S: M: H: C: and H: in the County of S. with all and singular their appurtenances whatsoever, and all and singular those Messuages, Lands, Tenements and hereditaments with their appurtenances in the said County of S. commonly called or known by the several names of S. M. H. C. and H. and all and singu∣lar Lands, Tenements, Rents, Reversions, Services, Profits, and other Hereditaments to the said Mannors and Lordships and other the Pre∣misses, or to any of them belonging, or in any wise appertaining or occupied used, demised, or Leased as part, parcel or member of the same, or any of them, or reputed, taken, counted, or known as any parcel or member of them or of any of them, and all and singu∣lar other Messuages, Lands, Tenements and Hereditaments whatsoe∣ver of him the said Earl with their appurtenances, scituate lying be∣ing, comming, growing, or renewing, of or in the Towns, Parishes, Hamlets and Fields of S. M. H. C. and H. in the said County of S. and the Reversion and Reversions of all and singular the Premisses, and all and singular rents and Profits whatsoever, incident unto the same Reversion and Reversions; To have and to hold &c. unto the said H: B: his Executors Administrators and Assigns, from the day of the date of these presents unto the end and terme, and for and during all the terme of five hundred years, from thence &c. and fully to be compleat and ended, under the condition hereafter in these Presents mentioned and declared. And the said Earl for himself, his Heirs Executors, &c. doth covenant &c in form &c. That he the said Earl now is the very true, sole and lawful Owner of the Fee and Inheritance of all and singular the Premisses, and therof, and and of every part therof now is, and standeth ••olely and lawfully seised, of a good, sure, perfect, and absolute estate in the Law in Fee-simple, to the only use of the said Earl, and of his Heirs and Assigns, for ever absolutely without any Defeasance, Condition, or Mortgage and that of such estate he the said Earl hath good, right, and lawful authority to Grant, Lease, and Demise all and singular the Premisses with their

appurt. to the said H: B: his Executors Admin. and Assigns, in manner and form aforesaid. And that all and singular the same Premisses at the ensealing and delivery of these presents, are, and at all times here∣after, for and during the said term of &c. under the Condition hereaf∣ter in these Presents expressed, shall be discharged, acquitted, or other∣wise by the said Earl, his Heirs Executors or Administrators, at all times as well and sufficiently saved harmless of, and from all and singu∣lar former Bargains, Sales, Leases Grants, Statutes, Recognisances, Estates, Titles, Charges, and Incumbrances whatsoever, the chief Rents and Services &c. and all Leases not exceeding three Lives, or 21. years, and all estates by Copy of Court Roll made by the said Earl of the said Mannors, Lordships, and other the Premises, or any part therof, wherupon the old usual yearly Rents or more are reserved, yearly to be paid during the said Leases and Estates, only except and foreprised. And also that he the said H. B. his Executors and Assigns, during all the said term of &c. upon and under the Condition afore∣said, shall or may have, hold, occupy and enjoy all the said Mannors, &c. and all and singular other the Premisses, and the Rents, Issues, and Profits therof to their own use, shall or may lawfully perceive, receive, and take without any Let, or interruption, of any other person or per∣sons whatsoever, except before excepted.

And further, that the Premisses by these presents mentioned to be Demised, now are, and from henceforth, for and during all the said term of &c. shall or may continue, remain, and be to the said H. B: his Executors Administrators and Assigns, under the Condition afore∣said, of the full and clear yearly value of 70 l. of &c. or above, over and beyond all charges whatsoever.

Provided alwayes, That if the said Earl, his Heirs Executors, &c. do pay &c. to the said H. B. &c. at the House &c. the summ of 2650 l. of &c. in manner and form &c. That is to say on the 25th. of August &c. next &c. 1050. therof (and ever after 400 l. till the whole be paid) That then and from thenceforth these Presents, and the Lease, Demise, and Grant, therby made of all and singular the said Premisses, and all the Covenants, therin contained, and all Bonds and Statutes, made, or to be made, for or concerning the performance of the Cove∣nants herein contained, or any of them shall be utterly void and of none effect. And then also, and from thenceforth it shall and may be lawful to and for the said E: his Heirs &c. to reenter &c. and the same to have again &c. as in his and their former estate. These pre∣sents &c. And the said Earl Covenanteth &c. That he the said Earl within the space of seven moneths next ensuing the date hereof shall and will procure and cause, that all and every the Tenants, Farmers, and Occupiers of all and singular the said Mannors and Lordships, and other the Premisses with their appurtenances, and of every, or any

part therof, do, and shall every of them for his particular estate, at∣turn and become tenants upon this demise and a Lease unto the said H: B: his Executors or Assigns, under the Condition aforesaid for payment of their several Rents therfore unto the said H: B▪ his Executors and Assigns, and also that if default be made of or in payment of the said summ of &c. or any part therof to the said H: B. his Executors or Ad∣ministrators contrary to the form aforesaid, that then at all times du∣ring three years next after such default made, the said Earl and the right Honorable Countess K. now his wife, and all and every other person and persons, having or lawfully claiming any estate in the Pre∣misses, or any part thereof by from or under the said Earl, or any of his Ancestors (other then only such Leassers and Coppyholders as aforesaid for their estates and interests before excepted) at, and upon the reasonable request; and at the costs and charges in the Law only of the said H: his Executors or Assigns, shall and will, do, make, know∣ledge and suffer, and cause &c. all and every such lawful and reasona∣ble act and acts, thing and things in the Law, either for the further and better confirmation and assurance of this present Demise and Lease, or else for the clear and absolute conveying of the Fee and Inheritance of all and singular the Premisses, with their ap∣purtenances to the said H▪ B: his Heirs and Assigns for ever absolute∣ly without any condition, as by the said H: his Heirs or Assigns, or his or their counc••l learned in the Laws of this Realm shal be lawfully and reasonably devised or advised. Nevertheless the said Earl, or any o∣ther person to make any such Assurance or Conveyance shall not be required or compelled for the making therof to travel above three miles distance from the place where they so required shal be when such request to them shall be made. In witness, &c.

A Lease of a Wind-Mill.

THis Indenture made &c. between H: E: of M: of the one part and T. P. of K. in the County of H. yeoman, of the other part witnesseth, That the said H. E. as well for and in consideration of the yearly Rent hereafter in and by these presents reserved, as for divers other good causes and considerations, the said E. therunto especially moving, hath demised granted set and to farm-letten, and by these pre∣sents doth demise grant set and to farm let unto the said T. P. his Exe∣cutors Administrators and Assigns, all that peece and parcell of ground, lying and being in N. Feild, within the Parish of K. aforesaid. And all that the Mill, called K. or N. Wind-Mill, scituate standing or being in or upon the said peece or parcell of ground, together with all and

all manner of going and running Geers, belonging and used to and with the same Mill. And also all and all manner of other Goods and Chattels Utensils Implement and Tools whatsoever, of his the said H. E. now standing remaining or being, of in or upon the same peece or parcell of ground, or within or upon the same Wind-Mill: All which now are more particularly set down and expressed in a Schedule inden∣ted, to these presents annexed; Together with all waies passages and common use of passing to and from the said Wind Mill, heretofore usu••lly accustomed and enjoyed, with all and every the appurtenances, to have and to hold ••he sa••d peece and parcell of Ground Wind-Mill, and all and singular the before mentioned Premisses, with their and e∣very of their appurtenances, unto the said T: P: his Executors Admini∣strators and Assigns, from &c. for and during, and untill the full end and term of &c. from thence next ensuing, and fully to be compleat finished and ended, yeilding and paying therfore yearly during the said term, unto the said H. E. his Heirs and Assigns, the summ of &c: of good and lawfull money of England, at the &c. by even and equall portions: And if it shall happen the said yearly Rent of &c. to be behind or unpaid, in part or in all, by the space of &c. daies next after any of the said Feast-daies of payment, wherin the same ought to be paid as aforesaid, being lawfully demanded, that then it shall and may be lawfull to and for the said H. E. his Heirs and Assigns, into the said peice or parcell of Ground and Wind-Mill and othet the Premi∣ses, to enter and distrain, and the Distresse and Distresses so had and taken, to bear and carry away, and the same to withold and keep, un∣till the said H. E. his Heirs and Assigns, shall of the same Rent, and of every part and parcell therof, with the arrerages therof (if any happen to be) be fully satisfied contented and pa••d.

And the said T. P. for himself, his Executors Administrators and Assigns, and every of them doth covenant promise and grant, to and with the said H. E. his Heirs Executors Administrators and Assigns, and every of them by these presents, That he the said T. P. his Execu∣tors Administrators and Assigns, shall and will at all times needfull during the said term, grinde to and for the said H. E. his Houshold and Family, All such Grain of Wheat, Rye, and Barley, as shall be by the Servants or Assigns of the said H. E. brought to the said Mill, & spent for the convenient maintenance of him the said H. E. his hous∣hold and Family, if the said H. E. &c. shall so long dwell and inhabit in K. aforesaid, and the same Grain shall grind w••thout any delay, and so soon as the same may be conveniently ground by the ••aid W••n•• Mill and that without claiming or taking any manner or Toil or custom for the same, the Griest of Grain not exceed••ng six bushels weekly.

And the said T. P. for the said T. P. for himself, his Executors Ad∣ministrators

and Assigns, doth covenant promise and grant, to and with the said H. E. his Heirs and Assigns, by these presents, That he the said T. P. and his Assigns, shall and will for and during all the foresaid term, at all times, when and as often as need shall require, at his and their own proper costs and charges, well and sufficiently amend maintain and keep in repair the said Wind-Mill, and every part therof, with all manner of needfull and necessary Reparations, the said H. E. his Heirs and Assigns, finding, providing, and allowing all such and so much great Timber, as shall be meet and convenient, for the uphold∣ing, repairing, and amending of the same Mill: As also bringing the said Timber to the said Mill, at all times when need shall be for amend∣ing of the same. All which the said H. E. his Heirs and Assigns, do co∣venant and grant, to and with the said T. P. his Heirs and Assigns, to do, fulfill, and perform.

And the said H. E. for himself his Heirs Executors Administrators and Assigns, doth covenant promise and grant, to and with the said T. P. his Executors Administrators and Assigns, and every of them by these presents, That if it shall fortune at any time within the said term (which God forbid) that the said Wind-Mill by violence of weather or tempest to be overthrown, or by any other casualty to pe∣rish; And that not by the carelesnesse or negligence of the said T. P. his Executors or Assigns, that then the said H. E. his Heirs or Assigns, shall and will at his and their own proper costs and charges, within &c. next after such over-throw or other casualty erect re-edifie and build again the said Wind-Mill and place the same within the said compasse of the same ground wheron it now standeth, to the use of the said T. P, his Executors and Assigns.

And the said T. P. for him, his Executors Administrators and As∣signs, doth covenant promise and grant, to and with the said H E. his Heirs and Assigns by these presents, That if it shall fortune the said Wind-Mill, by violence of weather, or otherwise, to be overthrown or perish, and that by the negligence and carelesnesse of the said T. P. his Executors or Assigns, that then the said T. P. his Executors Administrators and Assigns, shall and will before the end of &c. next after such over-throw or other casualty, erect, re-edifie, and build a∣gain the said Wind-Mill, and place the same where now it standeth, at his and their own proper costs and charges, he the said H. E. find∣ing providing and allowing such and so much Timber, of all sorts need∣full as will serve for the re-edifying and building the same again, the said T. P. being allowed all the Chips and of all wood therof, for and towards his charge of the same.

And further that he the said T. P. his Executors Administrators and Assigns, shall and will at the end of the said term of years hereby granted, leave and yeild up the said Wind-Mill in good and sufficient

repair, together with such Implements Utensels Tools, and going or running Geeres, belonging to or used with the same Mill, and of so good value and price, as they be now valued at, as appeareth in the Schedule to the••e presents annexed, as shall be adjudged meet, by the judgement of two indifferent men to be chosen by the said parties e∣qually to view and value the same.

Provided alwaies, and it is neverthelesse covenanted granted con∣descended and agreed, by and between the said parties to these pre∣sents, that if it shall happen the said Implements Utensils Tools or run∣ning Geeres in the said Schedule expressed, not to be found by the said two men to be of so good value at the end of the said term, as they now are rated at, that then he the said T. P. his Executors Ad∣ministrators or Assigns, shall and will content and pay unto the said H. E. his Heirs or Assigns, so much lawfull money, as the said Imple∣ments Utensils Tools and running Geeres shall be lesse worth, then they are in the said Schedule valued: Or if it shall happen the said Implements Utensils Tools or running Geeres, to be found by the said two men, to be of better value then they are now expressed in the said Schedule to be of, that then the said H. E. his Heirs or Assigns, shall and will content and pay unto the said T. P. his Executors or Assigns, so much lawfull money as the same Goods shall be better worth by the judgment of the same two men.

And the said T. P. for himself, his Executors Administrators and Assigns, doth covenant promise and grant, to and with the said H. E. his Heirs and Assigns, that he the said T. P. his Executors Administra∣tors nor Assigns, shall or will demise let or set the said peece of ground or Wind-Mill, or any part therof, to any person or persons, during the said term, without the consent of the said H. E. his Heirs or As∣signs, first had and obtained in writing.

And the said H. E. for himself, his heirs executors administrators and Assigns, doth covenant promise and grant, to and with the said T. P. his executors administrators and assigns, and every of them by these presents, That he the said T. P. his Executors administrators and assigns, shall and may at all times hereafter, and from time to time during the said term, for and under the yearly Rent Covenants Reser∣vations and Agreements above specified, peaceably and quietly, have hold occupy possesse and enjoy the said peece or parcell of ground, Wind-Mill, and other the above demised premisses, with their and e∣very of their appurtenances, without any lawfull let trouble deniall expulsion eviction incumbrance or interruption, of or by the said H. E. his heirs executors administrators or assigns, or any of them, or of a∣ny other person or persons whatsoever, lawfully claiming from by or under him, them, or any of them: In witness &c.

A very good President of a generall Letter of Attorney, drawn and penned by Councell, as well concerning the disposition of Lands as Goods.

TO all true Christian people to whom this present writing shall come I F. W of L: Esquire send greeting in our Lord God ever∣lasting, whereas it hath pleased the Queens Highnesse to appoint me her Ambassador Leiger in France for a certaine time: And whereas I think it needfull in mine absence to put some person in trust for mine affaires here in England. Therefore know ye that I the said H W. have made constituted, ordained, authorized, appoin∣ted, and in my place by these presents, have put my well beloved in Christ W D: the elder of L. Gent: my true, sufficient and lawfull Attorney and Commissioner, as well to enter for me and in my name into all and singular my Mannors, Lordships, Messuages, Lands, Te∣nements, Woods, underwoods, and all other my possessions and Hereditaments, with all and singular their Rights, Members and ap∣purtenances in the Counties of Essex, Hertford, Somerset, S K. M: and W. and every of them and elsewhere, wheresoever with in the Realme of England and possession and seisin thereof for me and in my name and to my use to take. And also to view and survey for me and in my name, all the said Mannors, Lordships, Lands, Tenements, Woods, Under-woods, possessions and Hereditaments, and other the premisses with the appurtenances, and every part and parcell thereof as also to aske, gather, levie, recover and receive for me and in my name, and to my use of all and singular my Auditors, Bayliffs, re∣ceivers, Farmors or Tenants and all other Occupiers whatsoever of the aforesaid Mannors, Messuages, Lands, Tenements and other the premisses or of any part thereof, all and singular Farmes, Rents, and Services, Arrearages, Profits and summes of money whatsoever which are or shall be to me in any wise due. And an accompt or ac∣compts of them, and of all other my Officers, Ministers, Servants and other accomptants whatsoever of any of them to require and take for me and in my name mine allowances of their accompts to al∣low or disalow as the case requireth, and as by my said Commissioner and Attorney shall be thought meet and convenient, and all seve∣rall my Auditors Bailifs Receivers, Officers, Ministers and Servants whatsoever, or any of them upon any reasonable cause or causes at the discretion of my said Attorney, to displace and put out of service and office and to reteine receive and put other in their, and every or any of their place or places so put out of service, and this as often as it shall be thought requisite to my said Attorney. And also the

Farmors Tenants, and Occupiers of all and singular my said Mannors Lands, Tenements, and Hereditaments and other the premisses, and every or any of them for none payment of their or any of their Farms Rents, Revenews, Profits, and other things whatsoever, due to, or to be due for the same Mannors, Lordships, Lands, Tenements, Here∣ditaments, and other premisses and every or any parcell thereof, by all or any their Goods, and Chattels found in and upon the same Mannors, Lordships, Lands, Tenements, Hereditaments, and other the premisses, or in any or upon any parcell thereof to distreine. And the distresses there so had or taken lawfully, to lead, drive, carry a∣way and impound, and deteine with old, and keep the same, untill the said Farmes, Rents, Issues, Profits, and the Arrears thereof being hind, be fully satisfied and paid. And if need be, and the Law will it permit all and singular the same Goods so distrained to sell and put in sale, and the money thereof comming in the hands of my said Com∣missioners or Attorney, to retaine hold, and keep as the Law in that behalfe shall permit. And also all and singular the same my Farmors, Tenants, and other occupiers of the premisses not well and truly paying their Farmes, and Rents at the accustomed dayes and Feasts or not well and truly observing, performing and fulfilling all such Co∣venants, Grants, Conditions, Customes, and charges, as they ought to do, observe, keep, performe and fulfill by vertue of their Leases, Grants, Customes, or upon any other reasonable cause or causes whatsoever at the discretion of my said Commissioner from their Farmes and tenures to expell and amove if lawfully that may be or deserve to be expelled or amoved. And the same premisses, and e∣very or any parcell thereof to other Farmors, Tenants and oc∣cupiers in my name, to demise, grant, and to farme to my most pro∣fit and commodity for terme of 21 years or under, or for life or lives by Coppy or Coppies of Court-role according to custome or manner where the same shall lye or by Deed or Deeds or otherwise in may name, and this as often & when as need shal require, at the discretion my said Attorney, And also for me, &c: and to my most profit and commodity to sell and put in sale all and singular my Woods, under∣woods and Trees whatsoever, or any part thereof growing or being of, in or upon the foresaid Mannors, Lordships, Tenements, Lands, Hereditaments and other the premisses, or parcell thereof, to any per∣son or persons, as to my said Attorney shall be thought meet and requisite. And also all and every writing and writings in this behalf requisite and necessary in my name to make seale and delivery, and also to set, rate, receive and take Fines and Incombs, of and for the said Leases and Copies to be made as aforesaid. And also to assigne appoint and allow unto the said Tenants, Leassees, Farmors and occupiers, sufficient Timber-trees, as often as need shall be, for the

necessary reparations of all and singular their severall Farmeshouses and Tenements. And also I do give and grant unto my said Com∣missioner and Attorney full power and authority for me and in my name to commence and prosecute before any whatsoever Judge, Ju∣stice, or Justices of our Soveraine Lady the Queen, her Heirs or Suc∣cessors in any whatsoever Court or Courts, or other place or places whatsoever, action or actions, Pleas, Processes and Suits reall, per∣sonall or mixt and to appeare for me and in my name in all such acti∣ons and Suits as be or shall be commenced taken or sued against me: And to proceed, answer, prosecute & defend all and every of the same Action and Actions, Pleas, Processes and Suits, as well by me as a∣gainst me moved or commeneed or to be moved or commenced and to winne or loose the same as the case shall require. And also to aske, levie, recover and receive, for me and in my name, and for my only use and behoof, not only all and singular such Debts, summe or summes of money, Fines, amerciaments, fees, annuities _____ _____ and other profits whatsoever, which by any means now be or shall be due or payable unto me by whatsoever person or persons for whatsoever matter or cause. But also to receive of the Queen our Soveraign Lady her Heirs and Successors, during the time I shall be out of this Realme, and the partes of beyond the Seas, all the Diet money or moneys for mine entertainment to be allowed to me during my time of living beyond the Seas. And also to satisfie pay and al∣low, for me and in my name, all and all manner of summe and summs of money, Annuities, Rents, Fees, pencions, wages, reparations and all other charges and duties whatsoever which I do owe or ought to pay or allow by Law or conscience to the Queens Majesty either that now is her Heirs or Successors, or to any other person or persons whatsoever. And further I do give and grant unto my said Com∣missioner and Attorney full power and lawfull authority, for me and in my name to keep or cause, &c. All and all manner Courts, Leets and Lawdaies whatsoever, within any the said Mannors, Lordships, Land or other the premisses or any of them according as they have been accustomed heretofore to be there holden and kept, And also from time to time, when and as often as any Rectory, Church vi∣caridge or Parsonage, or other spiritual promotion whatsoever of the Parsonage whereof I am or shall be seised, or which be or shall be of or in my gift or disposition shall by any means become or be void to name and present for me and in my name any able person or persons unto the same Rectories Parsonages, Vicarages or Churches, or other spirituall promotions so being vacant in such like, and in as large and ample manner and forme as I my selfe might or should doe, if I were then and there personally present. And also for me and in my name to take, buy or compound for new Leases or Grants, as well

of the Queens Majesty that now is, her Heirs and Successors, as of a∣ny other Person or Persons whatsoever. And to compound, give or pay such Fine or Fines, incommes, summe or summes of money for the same new Leases or grants. And to sell any of my Lands, Tenements and Hereditaments or Leases and Chattells reall and per∣sonall, or any part of them as to my said Attorney shall be thought meet: And also for me and in my name to accept and take all and every surrender and surrenders of and whatsoever Lease or Leases, Demise or grant Demises or grants by me or any my Ancestors here∣tofore made or granted. And upon the Surrender or Surrenders to make gtant or cause, &c: other Lease or Leases for me and in my name to any whatsever Person or Persons for terme of 21 years or under or for life or lives and for such yearly Rent and Rents, and for such some and summes of money Fines or incomes to be paid for the same as to my said Atturney shall likewise be thought meet to my most commodity and profit: And also for me, &c: to cancell and make void upon good and reasonable causes and considerations, all every such of my Indentures, Bonds and other Writings whatsoever, or any of them as to my said Commissioner and Attorney shall be thought good. And also for me and in my name to make, seale and deliver, as my sufficient Deed or Deeds in the Law all and singular such Indentures, Bonds, Leases, grants, Deeds, Releases, Acquit∣tances, as well generall as speciall, and other writings whatsoever, as my said Commissioner and Attorney shall think requisite touching and concerning the premisses or any of them or otherwise. And fur∣ther any Attorney or Attorneys in all and every of the causes or matters aforesaid, under him or me to substitute, depute make and appoint, and at the liberty and pleasure of the same my Commissioner or Attorney, the same to revoke, And finally for me and in my name to compound for, and, follow exercise, speed, execute, accomplish and finish all and every Suits and matters already resting in contro∣versie or moved or hereafter to be moved between me only or me, and others. And any other person or persons, and all and every other thing and things, acts and act whatsoever as well touching or concer∣ning the premisses or any parcell thereof, as otherwise for me and in my name, to do and cause to be done, as fully and wholly as I might should or ought lawfully to do, if I were then and there personally present holding firme and stable, all and every act and acts, thing and things, that my said Attorney and Commissioner shall do, cause, or procure or suffer to be done for me and in my name, in and about the premisses, or any of them by vertue of these presents. Provided alwayes that the power, liberty and authority given to my said Commissioner and Attorney by these presents shall indure untill my departure out of this Realme into the parts beyond the Sea and my

returne againe into this Realme and no longer, any thing abovesaid to the contrary, &c. In Witnesse, &c.

A Letter of Attorney for a Wood-sale with allowance for the At∣torneys paines.

BE it known, &c. That I I. L. Knight Lord L. do hereby ap∣point and give warrant and authority to F. M: of L: Gent. to make sale of all my Woods, Under-woods, Hedgerowes, shawes and Trees. of or in the great Parke of N. in the County of S. (except such of the same as I have appointed, or hereafter before the same sale be fully compleat, shall appoint the said F. to leave there standing or grow••ng. And the same and every of them to make, convert, im∣ploy, use and dispose after his discretion for my profit and commo∣dity, by all such wayes and meanes as he shall think convenient for me. And all and every the summes of money to be due for the same and every or any part thereof to receive and take up: And a true ac∣compt thereof, and of all his imployment of the said Woods or any part thereof to make unto me when he shall be reasonably called thereunto: And I do not only for me mine Heirs and Executors, cove∣nant and promise to and with the said F: and his assignes as well to ratifie and allow as well all his and their bargaines, dealings and dis∣position of the said Woods and other the premisses or any part there∣of, and to suffer the same and every of them quietly to be had ta∣ken and accomplished to all intents and purposes. As also that be the said F. and all other Persons that he shall appoint, shall and may untill the said Woods and other the premisses be fully made, sold, removed and carryed away out of the said Parke, have free ingresse, egresse and regresse into and from the same Park for the making, buy∣ing, se••ling, ordering, coverting, disposing, removing and carrying a∣way of all and every of the same Woods and other the premisses, in manner and forme as by the said F: shall be thought meet and con∣venient. But also for me mine Heirs, Executors, and Assignes, I do grant, promise and covenant to and with the said F. his Executors and Assignes, as well to save him and them harmelesse of all such promisses and Bonds, as he the said F. shall make or enter into, to any person or persons concerning the said Woods and other the premisses or any part or parcell thereof, or for the accomplishment of any bargaine, matter or agreement to be by him made, concluded or ta∣ken in hand, touching the same or any part thereof. As also to maintain and suffer this present warrant and the authority given and limited thereby to stand and continue in force and effect from hence∣forth

in such sort and until thar he the said F. only shall and may ac∣complish the said Wood-sale, and the making and ordering of the said Wood, and other the premisses and all things that he shall take upon him concerning the effecting or performance thereof, by reason or occasion of these presents according to the intent or limitation of the same. And that in consideration of the paines and travel of the said F. to be taken about the said Woods and other the premisses he shall have allowance and recompence at the hands of me the said Lord L. and my assignes in forme following. That is to say a shilling upon every pound of all and every the summes of money that shall or may be made or due for the said Woods and other the premisses or any part thereof over and besides the wages and charges to be disbursed to Work-men or Laborers, for and about the making, ordering, or coverting of the said Woods and other the Premisses, or any part therof. And further that in respect of the disbursements made and to be made by the said F. for me the said L. L. of his own proper mo∣ney, I will make and give unto him some convenient recompence and allowance upon his account aforesaid, over and beyond the payment of all the Summs of money by him disbursed or to be disbursed for me or that I owe or shall owe unto him by any means: All and every which Allowances Recompences and Payments aforesaid, I grant and promise to allow and rebate unto the said F. in his own hands, out of such Summs of money, as he is or shall be accountable to me, for by reason or in respect of the said Woods and other the Premisses, or a∣ny part therof, or by means or occasion of these presents, or any thing in them contained or specified: In witness &c.

A Letter of Attorney to receive the Profits of a Parsonage.

BE it &c. That I G. B. Clark, Parson of the Rectory and Parish Church of St. D. B. in L. Street of L. have made &c. I. H. Ha∣berdasher, and W. M. Scrivener, Citizen of L. my true and lawfull Attorneys, joyntly and severally for me and in my name, to ask levy gather recover and receive, all and all manner of Titles Fruits Profits Oblations Casualties Commodities Emoluments and Advantages whatsoever, of the said Rectory Church and Parsonage, or in any wise due, coming renewing or growing, or which hereafter shall come &c from time to time, to me the said G. by reason and means of the said Rectory Church and Parsonage aforesaid, or in the right of the same. And also al and singular the Church-books, and other books of the said church & rectory for me and in my name, to view peruse & see as often as need shall require. And moreover to pay and disburse out of the Re∣ceipts

by them or either of them to be had, by reason of these presents, all and singular Summs of money, which I the said G. am chargable to disburse or pay for, or by reason of the said Rectory Church and Par∣sonage: Giving, and by these presents granting to my said Attorneys, and to either of them joyntly and severally, ful power and authority for me and in my name, by all and singular waies and remedies of the Law, to sue and implead, and cause &c. all and every person and persons whom it shall touch and concern, for the said Tithes Fruits Profits and other the Premisses, and every or any of them, or any part or par∣cell of any of the same: And to recover in all and every the same Suit and Suits, and to sue execution &c. And also to answer and defend in all and singular Actions and Suits for me, with me, or against me, for and concerning the Premisses, and every or any of them, and in the same, or any of them, to win or lose: And also to acquit &c. one At∣torney &c. and all &c. ratified &c. In witness &c.

A Letter of Substitution.

TO all men, to whom these presents shall come, W: D: the elder of L: Gent. sendeth greeting in our Lord God everlasting, Where when it pleased the Queens Highnesse, to appoint F. W. of L. Esquire, her Ambassador Leiger in France, then the said F. thinking it meet in his absence to leave some person in trust for his affairs here in England, did therupon by his writing under his Seal, bearing date 23. Novem: An: 13. R. Eliz. make constitute authorize, and put in his place me the said W. D. his true sufficient and lawfull Attorney and Commissi∣oner generall, either by my self or by my lawfull Substitute or Substi∣tutes, as to me should seem most convenient, to execute do and finish, and cause &c. all and singular his affairs and businesses during his ab∣sence, and untill his return again into the Realm of E. as in my said Commission at large is contained and expressed.

Now know yee, that I the said W. by warrant and authority of the same Commission, have named ordained appointed and substituted in my place touching the matter only in these presents expressed. A. B. and C. D. Gent. my true lawfull and sufficient Deputies and Substi∣tutes, for and in the name of the said F. W. and to his use, to demand &c. Ici metter ce qu'est destre faiet parles Substituts, for me, to the do∣ing and executing of all and singular the Premisses, I the said W. D. by warrant of my said Commission, do give and grant unto the said A. B. and C. D. full power and authority, and also like power and authori∣ty to do all acts and things, to be needfull to be done, in or about the

Premisses, or any of them: And to make severall Acquittances if need be for the acquital of every receipt of the Premisses, to be received by the said A. B. and C. D: by vertue of these presents, in as ample man∣ner and form, as I the said W. D. might do my self rating and allowing all and whatsoever that my said Substitutes, for or in the name of the said F. W. shall do or cause to be done in the Premisses, or any of them by these presents. Provided alwaies, that it shall be lawful to me the said W. D. to revoke and annihilate these presents, and the power and authority therby granted at my wil and pleasure: And that from the time of such Revocation therof to be made, these presents, shall be clearly void and of none effect, any thing above mentioned, to the contrary notwithstanding: In witness &c. An. 14. Eliz

A Lease of a House in London, by a man and his Wife who have two parts thereof in the Wifes Right during her life, and by the sonne of the Woman, who hath the third part thereof in Fee, and the Reversion of the other two parts after the Wo∣mans decease.

THis Indenture Tripartite made, &c. Between R. S. of A. in the County of H. Gentleman, and C. now his Wife, and late the Wife of E. I. late of A, aforesaid Esquire, deceased, on the first party, and B. I. of A. aforesaid Gentleman, Son and Heir apparant of the said E. I. on the second party, and J. P. Citizen, and J. of L. on the third party; witnesseth, That whereas the said R: S. and C. his Wife are lawfully seised in their Demesne as of Fee-hold in the Right of the said C. for and during the naturall life of the said C. of and in two parts in three parts to be divided of all that Messuage or Tenement with the Appurtenances sometimes called or known by the name of O. house, late in the Tenure of, &c. and now in the Tenure of the said J P. or his Assigns, scituate, &c. in T. street, on the North side of the same street, against the Capitall mansion house called B. Castle, in the pa∣rish of Saint B. alias B. nigh unto P. Wharff within the City of L: and of all Shops Cellars Chambers Rooms Yards Gardens Backsides and o∣ther Commodities and Appurtenances whatsoever, to and with the said Messuage or Tenement, now or heretofore used demised let set occupied and belonging, or in any wise appertaining, which sayd Messuage or Tenement with the Appurtenances somtime called, &c. doth abut &c. And where also the said B. I: is lawfully seised in his de∣mesne as of Fee, of and in the third part of the said Messuage or Tene∣ment with the Appurtenances, sometime called &c. and of all Shops,

&c. And is also seised as of Fee and Right. of and in the Reversion or Remainder of the said two parts of the said Messuage or Tenement with the Appurtenances som∣time called or known by the name of, &c: and of all other the Pre∣misses with their Appurtenances immediatly after the Death and De∣cease of the said C. S. his Mother.

Now the said R. S. and C. his Wife, for and in consideration of the summ of 00 l. of &c. to them in hand &c. whereof &c. have demised &c. and by these presents do demise, &c. unto the said I: P. all those their said two parts of the said Messuage or Tenement with the Appur∣tenances somtime called, &c. And of all and singular Shops, &c. To have and to hold the said two parts in three parts to be divided of the said Messuage or Tenement with the Appurtenances, and of all the said shops, &c. to the said J: P: his Executors Administrators and Assigns from the Feast of the birth. &c: last past &c: unto the end and term of one and twenty years from thence, &c: And fully to be compleat and ended, if the said C: shall happen so long to live, yeilding and paying therefore yearly to the said R and C: and to the said C: if she happen to survive the said R: during so many years of the said term of one and twenty years, as she the said C: shall happen to live, 53 s. 4d of &c. at four Feasts, &c: by even portions:

And the said B I for and in consideration of the summ of &c, wher∣of &c, hath, &c, and by these presents doth &c. unto the said I. P▪ all that his third part or the said Messuage or Tenement with the Appur∣tenances, and of all and singular other the Premisses with their Appur∣tenances, and the Reversion and Reversions, Remainder and Remain∣ders of the said two parts of the same Messuage or Tenement, and of all and singular other the Premisses with their Appurtenances before by these presents mentioned to be by the said R and C demised to the said J P To have and to hold the said third part of the Messuage or Te∣nement with the Appurtenances, and of all and singular other the Pre∣mises with their Appurtenances to the said I P his Executors, &c, from the Feast of the birth, &c, last &c, unto the end and term of one and twenty yeares from thence, &c, and fully to be compleat and ended. And to have and to hold the said Reversion and Reversions, Remainder and Remainders of the said two parts of the said Messuage or Tene∣ment with the Appurtenances, and of all and every other the Pre∣misses with their Appurtenances unto the said J: P. his Executors, &c. immediatly after the death of the said C: untill the end and term, of the said one and twenty yeares next ensuing from of the Feast of the Birth &c: last &c. yeilding and paying therefore yearly to the sayd B I his Heirs and Assigns, during the life of the said C: 26 s. 8 d: of &c: at four Feasts &c: and yeilding and paying for the said Messuage or Te¦nement and other the Premisses, from and after the decease of the said C: to the said B: his Heirs and Assigns during the then residue of the

said term of one and twenty years, the yearly Rent or 4 l: of, &c: at the said four Feasts, &c. And also the said R: S: C: his Wife and B. I. do by these presents demise &c. unto the said I. P. all and singular the Implements Utensills Furniture and Necessaries whatsoever remaining in the Premises, and mentioned and expressed in a schedule indented to these Presents annexed. To have and to hold all the said Implements &c. to the said I his Executors, &c. from the feast &c, last, &c. unto the end and term of one and twenty years from thence &c. And if it shall happen the said yearly Rent of 53 s. 4 d. reserved and agreed in and by these presents to be paid to the said R. and C. his Wife, during the life of the said C. or the yearly Rent of 26 s. 8 d. reserved and agreed to be paid to the said B. his Heirs and Assigns during the life of the same C or the said yearly Rent of 4 l. reserved to be paid to the said B if it happen the said C to dye during the said term of one and twenty years to be behind unpaid in part or in all by the space of fourteen days next after any of the said feasts or terms of payment wherein it ought to be paid, being lawfully demanded by the said R and C and B I or his heirs or any of them by the Assignee or Assignees of them or of any of either or any of them, that then it shall be lawfull to and for the said R S and C. his Wife or their Assignes, and to and for the said B I his Heirs and Assigns or for such of them as shall have lawfull Right and Autho∣rity to demand have take and receive the said Rents or any of them or any part or parcell of them or any of them which shall be left unpaid by the space of fourtteen dayes after any of the said feasts or termes of payment thereof into the said Messuage or Tenement, and all and sin∣gular other the Premisses by these presents demised, to enter and di∣strain, and the distress so there taken from thence lawfully to bear lead drive and carry away And the same to detaine and keepe untill the said yearly Rent and Rents so being bebind unpaid with the Arrerages thereof, if any such shall be unto the said R S and C his Wife or their Assigns and the said B his heirs or assigns or to such of them, as shall have lawfull Right and authority to have take demand and receive the the same as aforesaid shall be fully satisfied, contented and paid; and the said I: P: for him &c. doth Covenant &c. to and with the said R. and C. his wife, and their Assigns, and to and with the said B: I: his Heirs and Assigns, and to and with every of them severally by these presents, that he the said I. P: his Executors and Assigns, at his and their own proper costs & charges, all the said messuages or tenements, with the appurt. by these presents, demised, in and by all things well and sufficiently shall repair, sustain, support and maintain, and against Wind and Raine shall make defensible as often and when as need shall require, during the said term, or upon such warning, and within such space after warning as is hereafter mentioned in these presents, and all the Privies or Widraughts to the said Demised Premisses belonging,

shall cause to be purged, cleansed, and made clean, and all the Pave∣ments, as well the said Demised Messuage or Tenement, as also in the street to the same Tenement belonging shall cause to be paved, repaired and amended as often as need shall require during the same term, or within such space after warning as hereafter is limited and mentioned.

And also the said I: P: Covenanteth &c. ut antea, that it shall be lawful to and for the said R: and C: and either of them, or their As∣signs, or the Assignees or Assigns of either of them, and to, and for the said B: I: his Heirs and Assigns twice in the year, every year yearly du∣ring the said term at their liberty and pleasure to enter into all the said parts of the said messuages or tenements, with the appurt. by these pre∣sents demised, and there to view and search what Reparations shall be needful to be made and done; and that if, and as often as any default or lack of neeful Reparations shall there happen to be found, that then, and so often from time to time the said I: P: his Executors Admini∣strators or Assigns, at his or their own costs and charges, within one half year next after monition or warning therof to him, or them given by the said R: and C. his wife, or by either of them, or by their or either of their Assigns, or by the said B: his Heirs or Assigns, or by any of them, shall and will repaire, new make, and mend all and every the the same defaults or lacks of needful Reparations without fraud or co∣vin, and in the end of the said term, the said Messuage or Tenement, or other the Premisses, well and sufficiently repaired, amended clean∣sed, scoured and paved, shall leave and yeeld up to the said R: C: and B: and to the Heirs and Assigns of the said B: And the said R: S. for himself, and the said C: his wife, and either of them, and the Execu∣tors and Assigns of them, and of either of them, Covenanteth with the Tenant &c. That they the said R. and C: and their Assigns, and the Assigns of either of them at their own proper costs and charges shall bear and pay two parts, in three parts to be divided of all manner of chief rents and quit-rents due, to be due born or paid by reason of the said Messuage or Tenement, or of any part therof, if any such be; and of and for the same two parts therof shall cleerly acquit and discharge as well the said I. his Executors and Assigns, as all and singular the Premisses, from time to time, and at all times during the said term of 21. years, if the said C: shall happen so long to live.

And the said B. for him &c. Covenanteth with the said Tenant &c. that he the said B. his Heirs and Assigns, at his and their own pro∣per costs and charges, shall bear and pay the other third part of all the said chief rents and quit-rents due, or to be due born or paid out of for or by reason of the said Messuage or Tenement, and other the Premis∣ses, or any part or parcel of the same, if any such be; and if the same third part therof shall acquit &c. the said I. &c. during &c. if the said C. shall so long live; and if the said C. shall depart this present life

before the end of the said 21. years, that then, and from thenceforth the said B. his Heirs and Assigns, at his and their own proper costs and charges, shall bear and pay all manner of chief and quit-rents due, or to be due born or paid out for or by reason of the Premisses, or any part therof, if any such be, and therof shall cleerly acquit &c. as well the said I. his Executors and Assigns, as well and singular the said Pre∣misses from time to time during all the residue of the said term of 21. years; and if it happen the rents &c. to be unpaid by the space of a quarter of a year after any Feast or Term of payment therof afore∣said, in which it ought to be paid being lawfully asked, and no suffici∣ent distress for the same can be found within the said Demised Premis∣ses, that then a re-entry &c. and a expulsion of the Tenant. And the said R: S. for himself, and the said C. Covenanteth with the Tenant &c. that he the said I. his Executors Administrators and Assigns, pay∣ing the several rents aforesaid at such dayes and times, and in such man∣ner and form, as the same are reserved, limited or agreed to be paid and performed all and every the Covenants, Grants, and Agreements, contained and mentioned in these Presents, which on his or their part or behalf are to be performed, shall or may peaceably and quietly have, hold, occupy and enjoy all the said two parts, of all and singular the Premisses, with the appurtenances, for and during all the said term of 21: years, if the said C. shall so long live without let interrup∣tion or disturbance of the said R. and C. or either of them, or of the Assignee or Assignees, of them, or of either of them, and without any lawful let, &c. of any other person or persons whatsoever. And the said B. I. Covenanteth with the said tenant &c. that he the said I. paying the several rents aforesaid, at such dayes &c. shall or may peaceably enjoy &c. the said third part of all and singular the Premisses with their appurtenances, and Reversion and Reversions, Remainder and Re∣mainders, of all and singular the Premisses with their appurtenances, for and during the said term of &c. next ensuing from the Feast &c. without any let &c. general warrranty &c. In witness &c.

A Lease made to the intent the Lessee with the Rents and Profits of the Land, shall pay the Leasors Debts.

THis Indenture, &c. between &c. witnesseth, That whereas the said I. M. is now lawfully seised in fee, of and in one Messuage with the Appurtenances, scituated, &c. of the yearly value of 25 l. of lawfull, &c. and also of and in one messuage with the Appurtenances scituate, &c. of the yearly value of 26 s. one of which said Messuage with the ap∣purtenances E. now wife of the said W. S. hath for her Dower for the term

of her life one yearly Rent of 8 l. 7 s, of like money as aforesaid, and al∣so whereas the said J. M. is indebted and doth owe unto divers persons the summ of 178l. 6 s. of such money as is aforesaid accordingly, as is ex∣pressed in one schedule annexed to these presents, which summe the said J. is not able presently to pay, and yet minding faithfully that the same shall be paid with such speed as he conveniently may, therefore for and in consideration the said W. S. hath undertaken of the Rents and profits a∣rising of the said Messuage and other the Premisses, to pay and satisfie the Debts aforesaid, owing by the said J. M. rateably to any of his Creditors an equall part according to their severall Debts, as that shall be yearely raised of the said clear yearly profits of the premisses, he the said J. M. hath demised, &c. And &c. to the said W. S. both the said Messuages with their Appurtenances, and all houses &c. and the Reversion and Reversions thereof, to have and to hold the said &c. to the said W. S. his Heirs Administrators and Assigns from &c, by and during the terme of eighteen years from thence, &c: yeilding &c. 21 s. at Michaelmas and our Lady Day, by even portions:

And the said VV: S: covenanteth, &c: that he the said W S his Execu∣tors Administrators and Assigns during all the said term of yers, all the premisses, of and with the said Rents and profits of the said Premisses shall and will maintain and sustain in and with all necessary reparations what∣soever thereunto to be needfull from time to time, and that as soon as the said W: S, his Exeentors Administrators and Assigns shall have had and levied the summ of 278l 6s 8d aforesaid upon the premisses in cleare profit beyond all Charges thereof, that then and from thenceforth he the said W: S: his Executors Administrators and Assigns; shall and will wel and truly account to and with the said I M his Heirs and Assignes, of and for all the residue of the said clear profits, and therof shall make due satis∣faction to the said I M his Heires and Assignes without any Fraud or Covin.

And the said I M covenanteth, &c: that he the said I to and for his own use, •• now standeth lawfully sole seised of and in all and singular the Premisses of a good perfect pure and abs••lute Estate in the Law of Fee-simple, and that the said Premisses are and from henceforth shall continue cleerly and freely acquitted of and from all former bargaines sales Leases Grants and Incumbrances had made or granted by the said I M And also that the said VV S his Executors Administrators and Assigns shall or lawfully may during the said term of eighteen years hold and enjoy the said &c, according to the true meaning of these Presents without any manner of lawfull let molestation or eviction to come or happen to the contrary by the means occasion or procurement of the said I M in any wise, In Witnesse, &c:

A Lease of a House in the Countrey for Life, with Covenant by the Tenant to pay herriots, beare Charge in time of Warr, and do other Services, which for the Premisses formerly had been accustomed.

THis Indenture &c. Between N. L. of &c. in the County of D. Esquire on the one party, and M B. Daughter of &c. deceased, on the other party, witnesseth, that the said N. for divers considerations, &c. hath demised &c. to the said M. all that his Messuage or Tenement, &c. and all Lands, &c. To have and to hold the said Messuage or Tenement with the Appurtenances, and all and every other the Premisses above demised to the said M, and her Assigns, from the feast of &c. last &c. for and during all the terme of the naturall life of the said M: yeilding and paying therefore yearly, during the said terme of the naturall life of the said M. 25 s. 4 d. of &c. in the feasts of &c. And if it shall happen the said yearly Rent of, &c. or any part thereof, to be behind or unpaid in part or in all by the space of one moneth next after any day of payment thereof as is aforesaid being lawfully demanded, and no sufficient Distress in and upon the Premisses then and there can or may be had or found, that then and from thenceforth a Re-entry &c. And the said M. covenanteth, &c. that she the said M and her Assigns at her and their own proper costs and charges from time to time and at all times during the naturall life of the said M. the said Messuage or Tenement with the Appurtenances in and with all manner of needfull and necessary reparations, shall cause to be re∣paired maintained and amended as often and when as need shall require: And all the same Premisses so being well and sufficiently repaired in the end of the said terme shall so leave and yeild up.

And the said M covenanteth, &c. That she the said M. her Executors Administrators and Assigns, shall and will not only yeild give and pay un∣to the said N. his Heires Executors or Assignes, her or their best quick Beast, or the best of her Gods, (if there be no Beast) for and in the name of an Herriot, at the death and departure of every Tenant of the Pre∣misses during the said terme, but also shall and will yearly from time to time during the said term yeild, do, pay and perform to the said N his heirs and assigns, all such customes services and dutyes, as the Tenants of the Premisses or any of them, have heretofore been accustomed to yeild do or performe for the same premisses or any part thereof, and shall also from time to time during the said term, so often as the said N. his heirs or as∣signes shall be charged for the Warrs of the Kings Majesty his Heires or Successors bear and pay such portion and part towards the same, as the te∣nants of the Premisses heretofore have been accustomed to bear and pay. A Couenant for generall warranty, A Letter of Attorney to deliver pos∣session in.

A Lease of a Rectory and Parsonage for 300. years conditionall for payment of money, containing very good Covenants, amonst which, one to convey the Fee in case of breach of payment, if the Mortgagee will.

THis Indenture &c. between W: C: of B: in the County of H. Es∣quire, on the one party, and R: M: Citizen and A. of L on the other party, witnesseth, That the said W. C. for and in consideration of the Summ of 800 l. of &c. wherof &c. hath demised betaken and to farm-letten, and by these presents &c. unto the said R. M. all that the Parsonage Rectory and Church of S. with all and singular the Appur∣tenances, in the County of E. And the Advowson Gift Presentation free disposition and right of Patronage of the Vicaridge of S aforesaid, and all and singular Messuages Houses Edifices Barns Stables Dove-houses Orchards Gardens Lands Tenements Meadows Feedings Glebe-lands, Tithes of Corn, Grain, Hay, and Wood, and all other Tithes of what kind or nature soever, or by what name or names, they are cal∣led or known, Pentions Portions Rents Reversions Services Courts-Leets Views of Frankpledge, Franchises Goods Waifes and Straies Li∣berties and Priviledges, and all other Rights Profits Commodities E∣moluments and Hereditaments whatsoever, with all and singular their rights members and appurtenances, set lying and being, growing com∣ing or renewing, in the Town Feild Parish or Hamlet of S. aforesaid, in the said County of E. or elsewhere in the same County, to the said Parsonage Rectory and Church of S. belonging or in any wise ap∣pertaining, or as part parcell or member of the same, now lawfully ac∣cepted reputed taken used demised or enjoyed, together with the Re∣version and Reversions whatsoever, of all and singular the Premisses, and of every part and parcell therof: And also all Rents and yearly Profits whatsoever reserved upon any whatsoever Demise or Grant, Demises or Grants of the Premisses, or of any part or parcell therof, to have and to hold the said Parsonage Rectory and Church of S. Ad∣vowson, Lands Tenements Hereditaments, and all and singular other the Premisses, with their appurt. above by these presents mentioned to be demised to the said R. M. his Executors Administrators and As∣signs, from the Feast of &c. last &c. unto the end and term of 300. years, from thence next following, and fully to be compleat and ended, and without impeachment of or for any manner of Wast to be done, of in or upon the Premisses, or any part or parcell therof, at any time from or after the 24. of Dec: which shall be &c. yeilding and paying therfore yearly during the said term, unto the said W. C. his Heirs and Assigns 40 s. of &c. payable at the Feasts of &c: by even and equal portions.

And the said W: C: for him &c. doth covenant with the Lessee in form &c. That is to say, That he the said W. C: the day of the date of these presents, is the very true lawfull and sole Owner of the said Par∣sonage and Church of S. aforesaid, and of the said Advowson Messuage Lands Tenements Tithes, and of and in all and singular other the Pre∣misses above by these presents demised, and of every part therof, with their appurtenances, and therof and of every part therof, now is and standeth lawfully and sole seised of a good perfect and absolute Estate in the Law, in Fee-simple, without any Condition or Mortgage. And that he the said W: hath full power and lawfull authority to convey and assure all and singular the Premisses and every part therof to the said R. his Executors and Assigns, during the said term, according to the intent and true meaning of these present Indentures; And also that the said Rectory Parsonage and other the Premisses above by these pre∣sents mentioned to be demised, now are and be, and during the said term of 300 years, upon and under the Condition hereafter in these presents expressed, shall be and continue, cleerly discharged and ac∣quitted, or otherwise by the said W: his Heirs Executors or Admini∣strators, or some of them, at and upon a reasonable request, from time to time to be made, sufficiently saved or kept harmless, of and from all former Bargains Sales Leases Grants Estates Titles Joyntures Dowers Recognizances Statute-Merchant and of the Staple, Condemnations, Judgments Executions Fines Wills Amerciaments, and of and from all other Estates Charges Titles and Incumbrances whatsoever, had made done caused or knowledged by the said W. or by Sir J. C. Knight, Fa∣ther of the said W: or by any other person or persons, by his or their, or any of their title assent means or procurement, or lawfully claiming from by or under them, or either of them, the rents and Services from henceforth to be due to the Kings Majesty, his Heirs and Successors, or any of them, for the Premisses or any part therof, and one Lease made by the said W: C: to one N: T: of &c. parcell of the Premisses, wher∣of there is not to come above three years to be accounted from the Feast of &c. next &c. And wherupon the yearly Rent of 13 l. is re∣served, and shall be yearly due and payable during the said term: And also one Grant made to one J. G. of the Advowson, Donation, and free Disposition of the said Vicaridge, together with certain Springs and Copices, parcel of the Premisses, to endure for and untill the 24th. of Decem. &c. only foreprised and excepted.

And also that he the said R. his Executors Administrators and As∣signs, shall or may by & during all the said term of 300. years, upon and under the Condition hereafter in these presents expressed, according to the intent and true meaning of these presents, have hold occupy and enjoy the said Parsonage Rectory or Church of S. and the said Advow∣son Messuage Lands &c. and every part and parcell therof, excepting

alwaies in these presents excepted, without lawfull let or interruption of the said Sir J. C. and W: C: their Heirs an Assigns, and every of them, and without any lawfull let &c. of all and every other person or persons whatsoever, lawfully claiming by from or under the said Sir J: and W. or either of them, other then such person and persons for the time being, as shall have or claim to have the said Estates and In∣terests herein before excepted, or any of them, or any part or parcell of any of them, for and concerning the same Estates and Interests so excepted, and every of them.

Provided alwaies, that if the said W: his &c. do pay to the said R: M: &c. the said &c. the Summ of &c. at &c. on the 24th. day of Decem: &c. that then and from thenceforth these presents, and every Cove∣nant Grant and Article therin contained, on the part of the said W: his Heirs Executors and Administrators, or any of them to be per∣formed or kept together with these presents, Demise and Grant made of the Premisses in manner and form aforesaid, shall be clearly void frustrate and of none effect: And that then and from thenceforth after such payment made, it shall be lawfull &c. A rentry in Mr. C. &c. only without words of expelling the Tenant: Any to the con∣trary &c.

And the said W: C: for him &c: covenanteth &c: that if default be made of or in payment of the said Summ of 800 l. or any part therof, that then and at all times during the space of three years, next after such default made in payment of the said Summ of &c. he the said W. his Heirs and Assigns, and all and every other person and persons, any thing lawfully having or claiming, of in or to the Premisses, or any part therof, by or from the said W: C: (except only as before excepted) at and upon every reasonable request, and at the costs and charges in the Law only of the said R: his Heirs Executors or Assigns, or some of them, shall and will do make knowledge and suffer, and cause to be done &c. all and every such lawfull and reasonable act and acts, thing and things in the Law, either for the better confirmation and further assurance of this present Lease, or else for the absolute conveying and assuring of the Fee and Inheritance of the said Rectory &c. to be had and made sure to the said R. his Heirs and Assigns, to and for his and their own use absolutely, without any Condition, as by the said R. his Heirs or Assigns, or by his or their Councel learned in the Laws of this Realm, shall be lawfully and reasonably devised and required.

And the said R. M. covenanteth &c. That he the said R. his Exe∣cutors and Administrators, shall and will permit and suffer the said W: his Heirs and Assigns, to have the use and occupation of the tithe Barn and Grainers, and of the Yard to the same adjoyning, and of the long Hay-house, for and untill the 28th. day of June, next coming, after the date hereof, without any Rent therfore, paying together; also

with free ingresse egresse and regresse, into and from the said demised premisses, and every parcell therof only, for the repairing and amend∣ing therof, untill the said 24th of Decem. &c: And that also in the same 24th. day of Decem. all and singular the said demised premisses, with their appurtenances, shall be in as good case and state of repa∣rations, as the same shall be at the Feast of Pentecost next coming after the date hereof, and that in the mean time, until the said 24th of Dec. &c. neither he the said R. his Executors Administrators nor Assigns, nor any of them, shall or will at any time fell, cut down, or carry a∣way, neither cause or willingly suffer to be felled &c. any of the Woods under-Woods or Trees growing, or being in and upon the premisses, or any part therof, other then such as shall be necessary and convenient to be had or taken for House-boot, Hedge-boot, and Fire-boot, to be spent imployed or occupyed of in or upon the Premisses, or some part therof, and not elsewhere: In witness &c.

Escrytt au fyn du trait per A. P. You must levy the Fine before the ensealing hereof.

A Lease of Free-hold land for lives, also a Letter of Attorney to sur∣render Copy-hold land for the same lives, and to deliver pos∣session.

THis Indenture &c. between Sir L: D: Knight, Citizen and Alderman of L: on the one party, and J: E: of L: in the County of Y: Gent, and E. his wife, on the other party, witnesseth, That the said Sir L. for good conside∣rations him moving, hath demised granted and to farm-letten, and by these presents &c. unto the said I: and E. all and singular the Free-hold, Mes∣suages Lands Tenements Rents Reversions Services and Hereditaments of the said Sir L: within the Lordship and Parish of L: in the said County of Y. now being in the tenure manurance or occupation of the said J: and one A: B: or of their severall Assign or Assigns: And the Reversion and Reversions of the Premisses, and all Rents Issues and Profits whatsoever, reserved upon any former Demise Lease or Grant made or granted of the Premisses, or any part therof; To have and to hold all and singular the said Messuages &c. unto the said J: and E: and their Assigns, from &c. by and during all the term of the naturall lives of the said J: and E: And by and during the term of the naturall life of the longer liver of them, yeil∣ding and paying therfore yearly, during the continuance of this present Lease unto the said Sir L: his Heirs and Assigns 561. of &c. in the daies

of the Feasts of &c. or within the space of twenty daies next ensuing, after every of the said Feast-daies, by even portions, and if it happen the said yearly Rent of &c. or any part therof, to be behind unpaid by the space of twenty dayes, over or after any Feast wherin the same, or any part therof ought to be paid as is aforesaid, it being lawfully demanded, and no sufficient and overt Distresse can or may be found in and upon the Premisses, or any part therof, in Money Corn or Cattell, which may be lawfully had taken and carried away for the said Rent, that then and from thenceforth a re∣entry in Sir L. &c. and a disposition of the Leases and their Assigns &c: any thing to the contrary &c.

And the said J: and E: for them their Executors and Administra∣tors, do covenant &c. in form &c. That they the said J: and E: their Exe∣cutors and Assigns, at their own proper costs and charges, shall and will well and sufficiently uphold repair sustain maintain and amend all the Houses Edifices and Buildings to the said demised Premisses, or to any part therof belonging or appertaining, in by and with all manner of needfull and necessary Reparations whatsoever, at all times, and from time to time, as often and when need shall require, during the continuance of this present Lease: And also at their like costs and charges, shall and will well and substantially Hedge Fence Ditch Scour Cleanse and Amend all and every the Hedges Fences Ditches and Enclosures to the Premisses, or any part therof belonging, from time to time likewise, as often as need shall be, du∣ring the continuance of this said Lease. And all and singular the Pre∣misses in such Reparations being in the end or determination of the same Lease, shall and will quietly leave and yeild up to the said Sir L: his Heirs and Assigns. And also that they the said I: and E: their Executors and Assigns, by and during so long time as this Lease shall endure, shall and will discharge and pay all the chief and quit-rents, and other Services and Duties hereafter to grow due to be paid and done, for and in respect of the said Premisses, or any part therof as aforesaid: And of and for all the same Rents Services and Duties hereafter to be due, shall and will at all times hereafter sufficiently save and keep harmless the said Sir L. his Heirs and Assigns, and every of them.

And the said Sir L: D: for him his Heirs and Assigns, and every of them doth covenant promise and grant to and with the said I: E: and E: their Executors and Assigns by these presents, That they the said I. and E. their Executors and Assigns, by and under the payment of the said year∣ly Rent of &c. and performance of other the Covenants Grants Articles and Agreements above expressed, on the behalf of the said J. and E. their Executors or Assigns, or any of them to be done and performed, shall or may by and during the term of the naturall lives of the said J and E: and the longer liver of them, have hold occupy and enjoy the said &c. without a∣ny let trouble or interruption of the said Sir L. his Heirs or Assigns, and without any lawfull let &c. of any other person or persons, having or law∣fully

claiming, or which shall have or lawfully claim to have any former Estate Right or Title in or to the Premisses, or any part therof, by or from the said Sir L. In witnesse &c.

The Letter of Attorney depending upon the former Indenture:

TO all to whom Sir L. D. &c. sendeth geeeting &c. Know yee, that I the said Sir L. have made ordained and appointed, and by these presents do make &c. J. L. Gent. my true certain and lawfull Attorney for me and in my stead and name, as well to make a lawfull and suffi∣cient Surrender of all my Copy-hold Messuages Lands Tenements and Hereditaments whatsoever, in the Lordship of L: in the County of Y: unto the use of I. E: and E. his wife, for and during the naturall lives of the said J: and E. and the longer liver of them, upon conditi∣on that the said J. and F: and the Survivor of them, shall well and truly content and pay unto me the said Sir L. D. mine Heirs and Assigns, the yearly Rent of 56 l. mentioned in an Indenture dated &c. and perform such Covenants and Agreements as in the same In∣denture are contained, in manner and form as in the same Indenture is mentioned and specified: As also for me and in my name and stead, to deliver quiet and peaceable Possession and Seisin to the said J. and E. and their Assigns, of and in all and singular the Messuages &c. de∣mised by the said Indenture, or of, or in any part or parcell therof, in the name of the whole; to hold to them the said J. and E. their Exe∣cutors and Assigns, according to the tenor purport and true meaning of the said Indenture; Giving and granting to my said Attorney, all my whole power and authority, for the doing and executing of the Premisses, in as large and ample manner and form, as I my self might or could do, if I were personally present, ratifying, and by these presents holding firm and stable, all and whatsoever my said Attorney shall do or cause &c. in or about the Premisses, or any matter or cir∣cumstance therof: In witnesse, &c.

A Mortgage of Land to two in Common.

THis Indenture between the Right Honorable F. Earl of B. &c. on the one part, and R. M. Citizen and Goldsmith of L. and I: B: Citizen and Merchant of L. on the other part witnesseth, that the said Earl for and in consideration of the summ of 1000. pounds of lawful &c. to him the said Earl, before the ensealing of these pre∣sents, paid by the said R: and I: wherof &c. hath bargained, given, sold, and granted, and by these presents, for himself and his Heirs doth fully, clearly and absolutely bargain, &c. unto the said R. and I. their Heirs and Assigns for ever, all that the Rectory, Parsonage, Sheafe, Tithe, grain and corn of C. in the County of B: and all the Mansion House and other Buildings of the said Rectory and Parsonage, and all the Gleeb-Lands, Meadows and Pastures, with the appurtenances whatso∣ever to the same Rectory or Parsonage belonging, or in any wise ap∣pertaining; and also all that the Mannor of W: in the said County of B: with the appurtenances, and all Houses, Buildings, Lands, Tene∣ments, Meadows, Pastures, Woods, Rents, Reversions, Services, and Hereditaments whatsoever to the same Mannor belonging or apper∣taining or accepted, reputed, taken, known, used or occupied, as part, parcel, or member thereof, together with all and singular other Lands, Tenements, Meadows, Pastures, Woods, Rents, Reversions, Services, and Hereditaments of him the said Earl whatsoever in C: and W: a∣foresaid in the said County of B: and all and singular Courts-Leets, Liberties, Priviledges, Franchises, Profits, Commodities and Jurisdicti∣ons, which he the said Earl hath or had, or may or ought to have in or upon the Premisses, or any part therof, to have, hold, occupy and en∣joy the one moiety of all and singular the said Rectory, Parsonage, Garbe, Sheaf, Tithe, Grain and Corn of C: aforesaid, the Gleab Land, and other the Premisses to the same Rectory or Parsonage belonging, and also the one moiety of all the said Mannor of W. with all the Lands, Tenements and Hereditaments to the same Mannor belonging, with all Lands, Tenements, Rents, Reversions, Services and Heredita∣ments and other the Premisses, with all and singular their appurte∣nances before bargained and sold to the said R. M. his Heirs and As∣signs for ever, to and for the only use and behoof of the same R: M: and of his Heirs and Assigns for ever, and to have and to hold one o∣ther moiety of the said Rectory and Parsonage with the appurtenan∣ces, and of the said Mannor of W: with the appurtenances, and of all and singular other the above bargained premisses to the said I: B: his Heirs and Assigns for ever, and to the only use &c. to be holden of the chief Lord and Lords, of the Fee and Fees therof by the Rents and Services therof before due and accustomed.

And the said Earl for him his Heirs Executors and Administrators, and every of them, doth Covenant and Grant to and with the said R. M. and I. B: and either of them severally, and severally to and with the Heirs Executors Administrators and Assigns, of either of them, in manner and form following, that is to say, That he the said Earl at the sealing and delivery of these presents is lawfully sole seised of and in the said Rectory, Parsonage, Mannor, Lands, Tenements and all other the premisses with the appurtenances before bargained and sold, of a good, perfect, sure, and indefeasible estate in the Law in Fee-simple, to and for the only use of the said Earl, and of his Heirs and Assigns, without any Defeasance, Condition or Mortgage.

And that he the said Earl of such estate, hath full power, and lawful right to bargain, sel, give, grant, convey, and assure all and singular the said Parsonage and Mannor, with their appurtenances, and all o∣ther the Premisses, with their appurtenances, unto the said R: and I: their Heirs and Assigns in form aforesaid for ever; and that the said Rectory, Mannor and Premisses, now are, and during such Leases and Terms of years as are therin, or in any part therof yet to come, shall continue of the clear yearly value of 80 l. of &c. by the year, over and above all charges, reprises and deductions, and of the same clear yearly value, or of the clear yearly value of 100 Marks of &c. by the Lease shall or may lawfully remain and continue unto the owners of the Re∣version or Reversions therof and to their Heirs for ever.

And also the said Earl Covenanteth &c. That as well the said Re∣ctory and Parsonage, Mannor, and all other the Premisses with the ap∣purtenances, as also the said R: and I: and every of them, their and ei∣ther of their Heirs Executors and Administrators, for and in respect of the same Rectory and Mannor, and other the Premisses, now be, and from time to time, and at all times from henceforth shall and may be, remain and continue for ever, full and clearly acquitted and dis∣charged, or otherwise by the said Earl his Heirs Executors and Admi∣nistrators, at all times well and sufficiently saved harmless, of and from all and all manner of former Bargains, Sales, Feoffments, Gifts, Grants, Leases, Demises, Wills, Devises, Uses, Entailes, Jointures, Dowers, Titl••s and Rights of Dowers, Statutes Merchant, and of the Staple Recogn sances, Writings, Obligations, Judements, Condemna∣tions, Executions, Penalties, Forfeitures, Issues, Amerciaments, In∣trusions, Rents Charge, Rent seck, Fines for Alienation without Li∣cence by these Presents or otherwise, and of and from all other charges burdens and Incumbranc••s whatsoever they be had made done or com∣mitted by the sa••d Earl, or by any other person or persons, at or be∣fore the ensealing and delivery of these presents all and every Lease and Leases, Grants, and Estatets, before this time made to any person or persons of the Premisses, or any part therof, upon which Leases,

Grants and Estates the old yearly Rents, or more are reserved, and du∣ring the continuance of the same, and every of them shall be yearly due and payable to the Owners of the Reversion of the same Premisses without fraud or covin, and the chief Rents and Services hereafter to be due to the chief Lord or Lords of the Fee or Fees therof in respect of their Seignories, only alwayes except.

Provided alwayes, That if the said Earl, his Heirs, Executors, Admi∣nistrators or Assigns, do pay, or cause to be paid unto the said R. M. his certain Atturney, Executors or Administrators, the summ of 500 l. of &c. at &c. of the said R. &c. on the first day of March next, &c. between the houres of &c. That then this present bargain and sale, and all uses raised or conveied by this present Deed, and all estates passed and transferred from the said Earl to the said R. his Heirs and As∣signs, by vertue and effect of these presents, of all that one Moiety of all the said Rectory or Parsonage with the appurtenances, and of the said Mannor with the appurtenances, and of all and singular other the Premisses with their appurtenances. shall utterly cease and be void, and that then, and from the time of the said 500 l. to the said R. M. his certain Atturney, Executor or Administrator, or any of them so paid as aforesaid it shal be lawfull to the said Earl, his Heirs and Assigns, into all that Moiety of all and singular the Premisses before by these presents conveyed to the said R. M. and his Heirs to re-enter, and the same to have again, as in his or their former estate, these pre∣sents, or any thing therin contained to the contrary notwith∣standing.

And also provided alwaies, that if the said Earl, his Heirs &c. do pay to the said J: B: &c. 500 l. of &c: at &c. on the said first day &c. be∣tween the said hours &c. that then &c. Viz: Defeazance of the E∣state of J. B. of the other Moyety of the Premisses.

And the said Earl covenanteth &c. That if he b••eak the Condition &c. then to make severall further assurances &c.

And the said J. B. covenanteth &c. That if the said Earl, his Heirs Executors or Assigns, do pay or cause to be paid unto the said J: B. his certain Attorney Executor or Administrator, the summ of 500 l. of &c. in manner and form afore appointed in these presents▪ that then and from thenceforth the said J his Heirs and Assigns, shall be and stand and be seised of all that Moyety of all the Premisses conveyed to the said J. B. and his Heirs as abovesaid, to the only use of the said Earl, his Heirs and Assigns: And that then also and from thenceforth the said J. his Heirs and Assigns, at all times during six months, from thence next ensuing, at the reasonable request and costs and charges of the said Earl, his Heirs Executors or Assigns, shall and will do make knowledge and execute, all and every such act and acts, thing and things, devise and devises whatsoever in the Law, as by the said Earl his Heirs or Assigns,

or by his or their learned councel in the law, for the better releasing and having back again, of all the said Moyety of all and singular the Pre∣misses, with the Appurtenances, before conveyed to the said I. B. and his Heirs, shall be rasonably and lawfully devised or advised, with warranty only against the said J. B. and his Heirs. The like Covenant on the part of R. M.

And also the said R: and J: for them, their Heirs and Assigns, do grant and agree by these presents, that the said R. and J: their Heirs and Assigns, shall permit and suffer the said Earl his Heirs and Assigns, to have take and enjoy the Rents and usuall Profits of the Premisses, from henceforth, untill the first day of March, now next coming, with∣out any account therof, or of any part therof, to be made or given to the said R: and J. their Heirs or Assigns, or any of them: In witness &c. A Recognizance of 1000 l. to R. M: and another of ano∣ther, 1000 l. to J. B. from my Lord, made for performance of these Covenants.

A Mortgage of Land to save harmlesse of certain Bailes and Sure∣tiships.

THis Indenture &c. between I: B: Citizen and Grocer of L. on the one party, and R. B. &c. on the other party, witnesseth, That wheras the said R. B. with the said J. B. and at his speciall request, and for the only Debt of the same J. by one Obligation dated &c. did be∣come joyntly and severally bound unto A. M. &c. in the summ of 120 l. of &c. for the payment of 100 l. of like money to have been paid at a day now past, as by the said Obligation and Condition ther∣of more plainly may appear.

And wheras the said R. and one J. S. Salter, at the entreaty, and by the speciall means of the said R. B. have taken the said J. B. to bail in an Action of Trespasse, the damage laid at 224 l. brought against the said I: B: in the Compter in W: in L: at the suit of M. S. Goldsmith, and W. C. Grocer, as by the Records remaining in the Compter aforesaid will appear.

And where also the said R. B. and J. S. at the entreaty, and by the means of the said R. B. have taken the said J. B. to bail in the Compter in the Poultrey in L. in an action of Deb•• of 89 l. 12 s. 7 d. there brought against the said J. B. at the Suit of one R. T. &c. as by the Re∣cords &c.

And whereas moreover one M. C. of the Town of S. Draper, by an Attachment made in London, as of Goods of the said M. S. and W. C. supposed in the hands of the said J. B. had recovered against the

same J. 47 l. 2 s. 6 d. of &c. wherupon the said J. hath now brought a Writ of Error, and upon allowance of the same Writ, the said R. B. and J. S. as in that case is accustomed, are become Sureties for the said I. B. and where also the said R. B. hath under-taken to save harmlesse the said I. S. of and for all the Premisses.

Now the said J. B. for and in consideration, that the said R. B. his Heirs Executors and Administrators, and every of them, and all the Lands Tenements Goods and Chattels of the said R. B. his Heirs Executors and Administrators and every of them, from time to time and at all times hereafter, shall as well be clearly saved and kept harm∣lesse, of and for all and singular the Bonds Bails Suretyships and other charges whatsoever, here above in these presents expressed and recited. As also therof & therfrom shall be clearly discharged, at or before such time as thereto is hereafter assigned in these presents; Hath given granted bargained and sold, and by these presents &c. to the said R. B. and to his Heirs and Assigns for ever, all that Messuage and Tenement with the appurtenances, some time in the tenure and occupation of one T. R. late parcell of &c. scituate in the Parish of St. B. in L. com∣monly called the Griffin, and now or late being in the proper occupa∣tion of the said J. B. And all and singular Houses Buildings Yards void Grounds Profits Commodities Easements and Hereditaments to the said Messuage and Tenement belonging or appertaining, or therwith as any part therof, now or at any time heretofore had used or occu∣pied; And the Reversion and Reversions, of all and singular the Pre∣misses: And all the Estate Right Title and Interest of the said I. B. of in and to the Premisses, and every part and parcell therof, and all and singular Deeds Evidences and Writings, touching or concerning the premisses, or any part therof: To have and to hold the said Mes∣suage and Tenement, with their appurtenances, and all and singular the premisses above bargained and sold, with their appurtenances, to the said R. his Heirs and Assigns for ever, to the only use &c. And wheras the late Dean and Chapiter of the Cathedrall Church of St. P. in L. by their Indenture of Lease under their common Seal, bea∣ring date &c. did demise and let to Farm the said Messuage and Te∣nement, with the Appurtenances, unto one R. D. then Citizen &c: to hold to him and his Assigns from the Feast of &c. unto the end of 98. years, from thence next following, for the yearly Rent of 5 l therfore yearly to be paid, as by the said Indenture of Lease &c. the residue of which Lease and term of years now to come, by lawfull conveyance in the Law, by means of the said I. B. and intrust to be assigned and conveyed, at the pleasure and appointment of the said I. B. and of his Assigns, is to come unto M. C. of &c. J. C. and W. C. &c. The said J. B. for the better surety and assurance to save and keep harmlesse the said R. B: his Heirs Executors and Administrators,

and every of them, of and for the Bonds Bails Suretyship and Charges aforesaid, hath delivered bargained and sold to the said R. B: the said Indenture of Lease, and all conveyances therof. And by these pre∣sents covenanteth &c. That the said M. C. I. C. and W. C. or the Survivors or Survivor of them, on this side the 24. day of June, which shall be in the year of our Lord God &c. shall plainly and lawfully convey assign and set over all their Estate Interest and Term of years, of and in the said Messuage and Tenement, with the appurtenances yet to come, and the said Original Indenture of Lease therof, and all conveyances of the same, unto such person or persons as the said R. in that behalf shall name and appoint.

Provided alwaies, that if the said I. B. his Executors Administra∣tors or Assigns, shall as well procure and cause that the said R. B. his Heirs Executors and Administrators, on this side the said 24. day, which shall be &c. shall be clearly and absolutely acquitted and dis∣charged, of, from, and from all the Bonds Bails and Suretyship afore∣said, and all other Charges wherwith the said R. B. hath charged him∣self from the said J. B. as aforesaid, as also in the mean time, from time to time, do well and sufficiently save harmlesse the said R. B. his Heirs Executors and Administrators, and all his and their Lands Te∣nements Goods and Chattels of and for the Bonds Bails Suretyships and Charges aforesaid, wherwith they or any of them may be char∣ged as aforesaid, that not only the Gift Grant Bargain and Sale of the said Messuage and Tenement and other the Tenements above made by these presents to the said R. B. and his Heirs: But also the said Grant and Assignment of the said Lease, and of all other the Premisses above bargained, or covenanted to be bargained, shall be utterly void and frustrate. And that then and from thenceforth it shall and may be lawfull as well to and for the said I. B. his Heirs and Assigns, into the Free-hold of the above bargained Premisses, wholly to re-enter, and the same to have again, as in his or their former Estate, as also for the said M. C. &c. or the Survivors or Survivor of them, their Executors or Administrators, or any of them, at and by the appointment and agreement of the said I. B. his Heirs or Assigns, into the said Messuage and Tenement, with the Appurtenances, for the residue of the term of years aforesaid then to be to come also to re-enter, and the same as in their former Estate to have again, these presents or any thing therin contained, to the contrary in any wise notwithstanding.

And also the said I. B. covenanteth &c. in form &c. That he the said I. B. now at the ensealing and delivery of these presents, is and standeth lawfully and solely seised, of and in the said Messuage and Tenement, with the Appurtenances, of a good perfect sure absolute and rightfull Estate in the Law in Fee-simple, either in possession or in Reversion, immediatly expectant upon determination of the Lease and term of

years abovesaid, without any condition or limitation of use or uses, and that of such Estate, the said J. B. hath good lawfull and absolute right and authority to give grant bargain sell and assure the said Mes∣suage and Tenement, with the appurtenances, to the said R. B. his Heirs and Assigns for ever, to and for the only use of the said R his Heirs and Assigns for ever. And that the said Messuage and Tenement, with the appurtenances, now are, and from henceforth shal be stand and con∣tinue unto the said R. B. his Heirs and Assigns for ever, cleer and cleer∣ly discharged and acquitted, or otherwise at all times sufficiently saved harmlesse, of and from all and singular former Bargains Sales Gifts Grants Leases Estates Titles Charges and Incumbrances whatsoever, the old accustomed Rents and Services hereafter to be due, to be paid and done to the chief Lord of the Fee or Fees of the Premisses, in re∣spect of their Seigniory only, and the said Lease for years to be convey∣ed and assigned over, at and by the appointment of the said R. B. his Heirs and Assigns as aforesaid, only except and foreprised.

And also that if it do happen the said Messuage and Tenement, with the appurtenances, upon the condition aforesaid, shall be forfeited to the said R. B. and his Heirs, that then and at all times during three years then next following; the said J. B. and M. now his wife, and the Heirs of the said I. B. at and upon every reasonable request, and at the costs and charges in the Law only of the said R. B. his Heirs Exe∣cutors and Assigns, shall and will do make knowledge suffer and exe∣cute, and cause, to be done &c. all and every such further act and acts thing and things in the Law, for the further and better conveyance as∣surance and sure making of the said Messuage and Tenement, and other the above bargained Premisses, with their appurtenances, to be had conveyed and made sure to the said R. B. his Heirs and Assigns, for their own use for ever, as by the said R. B. his Heirs or assigns, or by his or their Councel learned in the Laws of this Realm, shall be lawfully and reasonably devised or advised, be it by Fine Feoffment, Deed or Deeds inrolled, release with warranty against all men, or without war∣ranty, Recovery with Vouchers or Voucher, or by any other lawfull way o•• means whatsoever. And the said R. B: covenanteth &c. to permit and suffer the said I. B. and his Assigns, to occupy the said Mes∣suage and Tenement, with the appurtenances, keeping the same well and sufficiently repaired in all things, untill the said &c. which shall be &c. so as the same Messuage and Tenement be not in the mean time forfeited to the said R. B. and his Heirs, upon the condition above in these presents expressed, and not otherwise: In witness &c.

A Lease of a house by Tenant in Taile well passed.

THis Indenture, Between R. H. Son and Heir, &c. on the one party and T W. Citizen and Stationer of L. on the other party, witnesseth, that the said R. H. as well for and consideration of the sum of 33 l. 6 s. 8 d. of &c. to him, &c. truly paid by the said T. W: (of which summ the said R: H. acknowledgeth the Receipt by these presents, and also for and in consideration of the summ of 60 l: of like lawfull mo∣ney, &c. by the said T. W. his Executors Administrators or Assigns to be paid to the said R H his Executors Administrators or Assigns at the shop now in the occupation of the said T. W. scituate, &c. within twenty dayes next after the said R. H, shall have accomplished his full age of one and twenty years, and have without fraud or covin made & delivered unto the said T. W. his executors administrators or assigns one good lawfull and sufficient confirmation in Writing of this present demise and Lease at the said shop; hath demised granted and to farm letten, and by these presents doth, &c. unto the said T. W. all the said shop now in the Tenure or occupation of the said T. W. set and being in P. Church yard aforesaid, and all those yards and hedges with their Appurtenances late in the tenure or occupation of &c. and now in the tenure or occupation of one R. B. &c. set and being in P. Church Yard aforesaid on the back side of or neer unto the shop, late in occupation of the said &c. and now in the tenure or occupation of the said R. B. set and being in or neer the said Church-yard.

And moreouer all those two upper Chambers or roomes with the appurtenances late in the tenure or occupation of the said T. W. or his assigns, and now in the tenure or occupation of the said R, B. set and being over or neer unto the said shop, now in the occupation of the said R. B. except and alwaies reserved out of this present demise, and grant the Cellar under the said shop with free ingresse, egresse and regress, into and from the said Cellar by the way and dore which is now used to the same Cellar for and during all the terme of years hereafter in these presents mentioned for him the said R. his Heirs, Tenants, farmors and Assignes of the same Cellar▪ and his and their Servants and family: To have and to hold all and singular the pre∣misses above by these presents demised or mentioned or to be demised with the appurtenances (except before excepted) unto the said T. W. his Executors Administrators and Assignes, from the sealing and de∣livery of these presents unto the end and terme of 21 years from thence next ensuing, and fully to be compleat and ended. Yeilding and Paying therefore yearly during all the said terme unto the said R. H: and to the Heirs of his Body lawfully to be begotten, and for

default of such issue to such other person or persons unto whom the next and immediate remainder or reversion of the premisses, shall for the time being, during the said terme of 21 years of right be∣longing or appertaining 6 l. of &c. at foure terms ot Feasts of the yeare, that is to say, at the Feasts of &c. or within 28 dayes next af∣ter every of the same Feasts by even portions: And if it shall happen the said yearly Rent of 6 l. to be behind unpaid in part or in all by the space of 28 dayes next after any of the said Feasts of payment, be∣ing lawfully demanded (and no sufficient distress for the same Rent, so being behind unpaid, in or upon the said demised premisses can or may be found) Or if default shall be made of or in payment of the said summe of 60 l. or any part thereof within the time before limited That then or at any time after it shall and may be lawfull to and for the said R. H. or the Heirs of his Body lawfully to be begotten, and for default of such issue to such other person or persons unto whom the next and immediate remainder, or reversion of the premisses shal for the time being belonging and appertaining into all and singular the above demised premisses with the appurtenances wholly to re∣enter, and the same to have againe and re-enjoy, as his or their former estate. And the said T: W. his Executors, Administrators, and Assignes, and all other Tenants and occupiers of the premisses, from thence utterly to expel and amove: These presents or any thing therein contained to the contrary thereof, notwithstanding. And the said T: W. for him his Executors, Administrators and Assignes, covenanteth and granteth, to and with the said R. H. his Heirs and Assignes, and every of them by these presents in forme following, that is to say, that he the said T W. his Executors, Administrators, or Assignes, at his and their own proper costs and charges, all and singular the said demised premisses in by and with all manner of need∣full and necessary reparations, thing and things whatsoever, well and sufficiently shall repaire, support, sustaine, maintaine and amend from time to time, as often, and when as need shall be or require, du∣ring the said terme, or from time to time within the time after warn∣ing in that behale to be given as is hereafter limited, during the con∣tinuance of this present Lease and demise, to enter into all or any the said demised premisses there to view and use and oversee the estate of the reparations of the said demised premisses and of every or any part thereof, and of all decayes and lacks of needfull reparations up∣on any such view or views found to give monition & warning to the said T. W. his Executors Administrators or Assignes to repaire and amend the same with in three moneths then next following. And the said R. H: for him his Heirs Executors and Administrators, and every of them Covenanteth and granteth to and with the said T: W: his Executors Administrators and Assignes, and every of them by these

presents in manner and forme following that is to say, that he the said R: H. his Heirs Executors Administrators and Assignes, at his and their own proper costs and charges shall and will from time to time during the said terme of 21 years pay beare and discharge all chief and quit-rents and all other Rents whatsoever (except only the Rent above in these presents reserved to be due issuing or going out of the premisses above by these presents mentioned to be hereby de∣mised or any part thereof at any time or times during the said terme. And of for and concerning the same chief and quit-Rents, and all o∣ther Rents aforesaid (except before excepted) shall and will well and sufficiently discharge, accquit or save harmelesse the said T: W. his Executors, Administrators, and Assignes, and the said demised premisses from time to time, and at all times during the same terme: And also that he the said T. W: his Executors Administrators and Assignes for the said yearly Rent of 6 l. in forme aforesaid to be paid and under and according to the other Covenants, Grants, Atticles, and agreements in these presents contained on the part and behalfe of the said T. W: his Executors, Administrators, and Assignes to be ob∣served, performed, and kept, shall or may lawfully, peaceably, and quietly have, hold, occupy and enjoy all and singular the premisses above by these presents demised or mentioned to be demised by and during all the said Terme of one and twenty yeares without any let, disturbance, eviction, molestation, or in∣terruption of the said R. H. his Heirs, Executors, Administra∣tors or Assignes, or any of them or of the Heirs, Executors, Admi∣nistrators or Assignes of the said J. H. and S: his Wife, or either of them, or of any other person or persons, by the means assent, consent or procurement of the said R. H. his Heirs, Executors, Administrators or Assignes or any of them, or claiming, or that shall claim by through or under the estate, right, title or interest of the said J. H. & S: his Wife and R. H. or any of them, or of the Heirs Executors Admini∣strators or Assignes of them or any of them, other then only the said W. A. and his assignes claiming only by vertue or colour of a Lease by the said J H. heretofore to him the said W: made and granted of the said Yard and sheds, which Lease shall expire and end within one year now next comming, the Rent upon which Lease du∣ring the continuance thereof shall be due and payable to the said T. W. his Executors, Administrators and Assignes: And moreover that he the said R. H. his Heirs, Executors and Assignes, and all and every other person and persons, having or claiming, or that shall have or claime any estate, right, title or interest, in or to the premisses above by these presents mentioned, to be demised or any part thereof by from or under the said R: H. (other then only the said W. A. and his Assignes claiming only by force of the said excepted Lease, and for,

and concerning the title, and interest only of the same Lease, shall and will from time to time, and at all times hereafter during the said terme of 21 years, at and upon every reasonable request, and at the costs and charges in the Law of the said T. W: his Executors, Admi∣nistrators or Assignes, do make, knowledge, and suffer to be done, all and every such further act and acts, thing and things, devise and devises, in the Law whatsoever, for the confirmation, ratification, and corroboration of this present Lease and demise, or for the further or better assurance, or sure making of all and singular the premisses to be had and made sure to the said T. W. his Executors, Administra∣tors and Assignes, for and during all the Residue of the said terme of 21 years then to come and unexpired, and for and under like Rent, Condition and covenants on the part of the said T. W. his Execu∣tors, Administrators and Assignes, as in these presents are expressed and specified. As by the said T: W: his Executors, Administrators, or Assignes, or his or their Councell learned in the Lawes of this Realme, shall be devised or advised and required. And further that he the said R: H: nor his Heirs nor any other person or persons for him or in his name, or by his means assent, consent or procurement, shall at any time or times hereafter, do or make any entry, act or acts, thing or things, devise or devises whatsoever, directly nor indi∣rectly, to defeat, frustrate or make void this present Lease, demise or grant, contrary to the tenor, intent and plaine meaning of these presents In Witnesse, &c:

Foster Consultor:

Notes

• Habend.
• Redend.
• Habend.
• Reddend.
• Covenant for Seisure in see.
• And power to assure the pre∣misses.
• Discharge of Incumbrances.
• Except a Lease
• For enjoyance.
• Habend.
• Owner in Fee.
• Authority to Let.
• Discharge of Incumbrances.
• Enjoyance.
• Yearly Rent.
• Proviso.
• Tenants to at∣turn.
• Recitall of the Husband and Wives Freehold Estate in two parts.
• Recitall of the Sons seisure in Fee of the thir•• part piesently, and of the two parts in Rever∣sion after the womans decease
• Demise by the Man and Wife of their two parts for 21. years if the woman so long live.
• Reddend.
• Demise by the Son of a third part and the Reversion of the other two parts.
• Habend. the third part for 31 years.
• Habend. the reversion of the two parts after the womans deccase for the residue of the
• 21 years. Reddend. &c.
• And Redden.
• Demise by the man his Wife and the son of the implements.
• For non pay∣ment,
• For entrance upon the pre∣misses to di∣strain.
• Covenant touching repa∣rations.
• View for repa∣rations.
• The Lords to pay quitrent.
• For re-entrance in case of no distress to be found. Warranty by the man and wo∣man.
• Warranty by th•• Son.
• Condition.
• Consideration 1000 l.
• Sale to two of a Rectory, &c.
• Habend of the one moiety to the one in Fee.
• Habend. of the other moiety to the other in Fee.
• Covenants with the Grants jointly for Sei∣sure in Fee.
• Authority to sell.
• Yearly value during the pre∣sent Leases.
• Coninuance of the value to the Owners of the Reversion. Discharge of Incumbrances,
• Exception of Leases, and of the chief rents.
• Conndition to have again the estate for the payment of 500 l. to one and 500 l. to the other.
• Farther assu∣rance in case of breach. In case of pay∣ment the Mort∣gagees to stand seised to the Mortgagors use and do acts for releasing &c.
• The Mortgagees to permit the Mortgagor to enjoy the Rents of the Premis∣ses, till the time of Redem∣ption.