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.

About this Item

Title
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.
Publication
London :: Printed by T.R. for H. Twyford, and are to be sold at his shop in Vine-Court Middle Temple, N. Brookes at the Angell in Cornhill, J. Place at Furnivals Inne Gate in Holborne, and R. Wingate, at the Golden Hind in Chancery-Lane,
1655.
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Subject terms
Conveyancing -- England -- Early works to 1800.
Forms (Law) -- England -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A80285.0001.001
Cite this Item
"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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A80285.0001.001. University of Michigan Library Digital Collections. Accessed June 11, 2024.

Pages

Page 120

BARGAINS.

A Bargain and Saleof Copyhold Lands by Commissioners of Banckrupts.

THis Indenture made &c. Between S. E. Esquire E: T: Esquire, and I: I: Gent. of the one part, and R: W. of &c. R: W: &c: D: M: of &c. E: C: of &c. and W: E: of &c. of the other part Witnesseth, That whereas upon complaint made to the Right Honorable Thomas Lord Coventry, Lord Keeper of the great Seal of England by E: S: &c. as well for himself as for all other the Creditors of F: M: late of VV. &c. That wheras the said F. M. using and exercising the trade of Merchan∣dise by way of bargaining, exchange, bartering and chevisance, seeking his trade of living by buying and selling upon good and just cause for∣wares and merchandise to him sold and delivered, and also for ready money to him lent being indebted to the said E: S: and other his Cre∣ditors in divers and several sums of money, amounting in the whole to the sum of 500l. and upwards of late (that is to say) about the moneth of May in the year &c. did become Banckrupt within the several Sta∣tutes lately made against Banckrupts, to the intent to defraud and hin∣der him the said E: S: and other his Creditors of their just debts and duties to them owing (viz.) within the Statute made in the Parlia∣ment, begun and holden at Westminster the second day of April, in the 13th. year of the Reign of our late Soveraign Lady Queen Elizabeth concerning Banckrupts, and within the Statute made in the Parliament begun and holden at Westminster aforesaid the 19th day of March, in the first year of the Reing of our late Soveraign Lord of famous Memo∣ry King James of England France and Ireland and of Scotland the 37, Intituled an Act for the better reliefe of Creditors against such as shall become Backrupt. And also within the Statute made in the Parliament and holden ot Westminster begun at the 19th. day of Feb. in the 21. year of the Reign of our said late Soveraign King James of England, France and Ireland, and of Scotland 57. Entituled, an Act for the further des∣cription of Banckrupts and reliefe of Creditors against such as shall be∣come Banckrupts, or within one of them, our said Soveraign Lord the the Kings Majesty that now is, by his most gracious Commission un∣der the great Seal of England, bearing date at Westminster the 19th. day

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of June in the 13th. year of his Majesties Reign that now is, directed to the said S: E: E: T: and I: I: and unto F: VV: Gent. and I: P: Gent. hath Named, Assigned, Constituted and Ordained the said S: E: E. T: I: I: H: W: and I: P: his Majesties special Commissioners giving full Power and Authority unto them foure or three of them, whereof the said S. E. or E. T. to be one to execute the said Com∣mission according to the same Statutes and every or any of them not only concerning the said F. M. his Body Lands, tenements, Frehold and Customary Goods Debts, and other things whatsoever but also con∣cerning all other Persons which by concealments claime or otherwise doe or shall offend touching the Premises or any part thereof contrary to the true Intent and meaning of the same statutes and every or any of them to do and execute all and every thing and things whatsoever, as well towards, and for satisfaction and payment of his said Creditors, as towards and for all other Intents and purposes, according to the or∣dinance and provision of the same Statutes, as in and by the said Com∣mission and the complaint in writing therunto annexed, more plainly and at largt it doth and may appear.

And wheras the said S. E. E. T. and I. I. do further find that all the time that the said F. M. became Bankrupt as aforesaid, he the said F: M: and J. his wife, were and stood seised to them and to the Heirs of the said F. M. according to the custome of the Mannor of W. in the County of E. of one Copyhold or Customary Messuage, or Tenement called C. with a Garden and Orchard therunto belonging, now in the occupation of the said F. M. &c. holden by Copy of Court-Roll, of the foresaid Mannor of W. All which Copyhold or customary Premisses, the greater part of the above named Commissioners, by the said Com∣mission authorized, have caused to be viewed and rented, and the respe∣ctive Estates of the said F. M. of and in the same to be appraised to the best value they may, and accordingly the same have been viewed, rented, and appraised by J. K. and R. F. men of sufficient skill and judgment for the doing therof, in manner and form following; That is to say, the foresaid Messuage or Tenement called C. and the Garden and Orchard therunto belonging, in the occupation of the said F. M. scituate, lying, and being at W. aforesaid, to be let for the yearly Rent of 6 l. of law∣full money of England, and the Estate of the said F. M. therin worth to be sold 90 l. of like money &c. The said S. E. E. T. and I. I. with the consent and at the request of the Creditors of the said F. M. that have sued forth and prosecuted the said Commission against the said F. M. for and in consideration of the sum of 897 l. of lawfull money of Eng∣land, unto the said S: E: E: T: and I: I: by the said R: W: R: B. D M: E. C. and W: E: to the use, benefit, and behalf, as well of themselves, as also of all other the Creditors of the said F: M: that have sued forth and have joyned, and that shall hereafter joyn in the prosecuting of the said

Page 122

Commission, according to the statutes in that behalf made and provi∣ded, well and truly contented and paid, have by force and virtue of the said Commission, as much as in them the said S: E: and E: T: and I: I. doth lye, and they lawfully may grant, bargain, and sell, and by these * 1.1 presents do as much as in them lyeth, and they lawfully may grant, bar∣gain, and sell unto the said R: W: R: B: D: M: E: C: and W: E: all that the foresaid Copyhold, or customary Messuage, or Tenement called C: with the Garden and Orchard therunto belonging, and now in the oc∣cupation of the said F: M: holden by Copy of Court-Roll of the fore∣said Mannor of W: &c: Together with all Woods, Vnderwoods, Com∣mons, Pastures, Feedings, Wayes, Watercourses, Easments, Proffits, Commodities, Emoluments, and Appurtenances whatsoever, unto all and every the said Copyhold or customary Premises thereby granted, and every part and parcell thereof belonging, or in any wise appurtain∣ing or there wer vsually letten occupyed, or enjoyed, and all the estate right, Title, Interest use, Possession Reversion, and Reversions, Re∣mainder, and Remainders, claim and demand whatsoever, of the said F. M. of, in and to all and singular the Premises hereby granted, and every part and parcell thereof, with the appurtenances; To have and to hold all the said Copyhold or customary Messuage or Tenement cal∣led &c. and every part and parcell thereof, with all and every the Ap∣purtenances unto the said R. W. R. B. D. M. E. C. and W. E: their Heirs * 1.2 and Assigns, to their own proper use and behoof for ever, according to the custom of the said severall Mannors, wherof the same be respe∣ctively holden as aforesaid: And to have and to hold all and singular the said Close or Pasture ground called Hilly Field, and the said Close of arable Land therunto adjoyning, and every part and parcell therof, with all and every the Appurtenances unto the said R. W. R. B. D. M. E, C. and W. E. and their Assigns, to their own proper use and behoof, for and during the naturall life of the said F. M. according to the cu∣stom of the aforesaid Mannor of W. aforesaid, Yeilding, paying, per∣forming, and doing unto the said severall Lords of the severall Mannors before mentioned, of whom the Copyhold or customary Premisses here∣by granted, are respectively holden, all and every the Fines, Rents, Du∣ties, and Services of Right used and accustomed, to be yeilded, payed, performed, and done for the same: In witness &c.

Page 123

A Bargain and Sale of Lands, with generall Warranty and good Covenants.

THis Indenture &c. between &c. on the one party, and R, B. &c. on the other party; Witnesseth, that the said R. C. for and in consideration of the Sum of &c. of lawfull &c. wherof &c. hath gi∣ven, granted, bargained, and sold, and by these presents doth fully and cleerly &c. unto the said R. B. and to his Heirs and Assigns for ever, all that the Mannor of L. alias L. Park, in the County of S. with all and singular the Courts, and Premisses of Courts Leets, and Views of Frank-pledge, and all other Rights, Royalties, Members, Profits, Rents, Services, Commodities, Priviledges, Jurisdictions, Casualties, and Appurtenances whatsoever, to the said Mannor belonging, or in any wise appurtaining, and all and singular Messuages, Lands, Tene∣ments, Rents, Reversions, Services, Commodities, and Hereditaments, with the Appurtenances, commonly called or known by the name of L. alias L. Park, or by the name or names of any of them, set, ly∣ing, and being in the Towns, Parishes, or Feilds of G. alias W. T. alias T. and C. in the County of S. or in any of them, or elsewhere, in the said County of S. And all and singular the Messuages, Lands, Tene∣ments, Meadows, Leasues, Pastures, Commons, Woods, Under-woods, Hedg-rows, Waters, Fishings, Rents, Reversions, Services, and Heredi∣taments whatsoever, with their Appurtenances, set, lying, and being in the Towns, Parishes, Fields, Hamlets, Territories of &c. aforesaid, or in any of them, or else where, in the said county of S. to the said Mannors. of L. alias L. and other the Premisses, or to any of them belonging, or in any wise appurtaining or heretofore taken, accepted reputed, esteemed, or known, to be part, or parcell, or Member of the same Mannor or Park. And all other Lands, Tenements, Rents, Re∣versions, Services, Commodities, and Hereditaments, with their Appur∣tenances, now of the said R. C. set, lying, and being in the Towns, Pa∣rishes, and Fields aforesaid, or any of them, or reputed and taken for the Lands or Hereditaments of the said R. C: And all such Estate, Right, Title, Use, Possessions, Reversion, Remainder, and Demand, as he the said R. C. hath may, might, should, or ought to have in and to the said Man∣nors, Park and all, and singular other the premisses with the appurtenan∣ces or of, in or to any part or parcel thereof, & also all and singular the Deeds, Evidences, Charters, Court-Rols, Rentals, Mynuments, Escripts, Terrors, Boundaries, Counterparts of Leases and Writings touching, or in any wise concerning the said Mannor & other the Premisses, with the Appurtenances, or any part or parcell thenof. All which said Deeds, Evi∣dences, Charters, Court-Rolls, Mynuments, Escripts, and Writings,

Page 124

or all such and so many of them as the said R. hath, or that he his Heirs Executors or Assigns, may or can come by lawfully, without Suit in * 1.3 the Law. The said R. C. covenanteth &c. for him &c. to and wth &c. well and safely to deliver, or cause to be delivered to the said R. B his Heirs or Assigns, safe, whole, and uncancelled, at the now Man∣sion house &c. fcituate &c. at or before the 4. day of December next ensuing the date hereof: To have and to hold the said Mannor of L. * 1.4 alias L. Park, and the said Park, and also all the said Lands Tene∣ments, and Hereditaments, and all and every other the Premisses, with their Appurtenances, and every part and parcell therof unto the said R. B. his Heirs and Assigns, to the sole only and proper use and behoof of the said R. B: his Heirs and Assigns for ever.

And the said R. C: for him &c: covenanteth &c. in manner and * 1.5 form following; That is to say, That he the said R: is now the very true, sole, perfect and lawfull Owner of all and singular the Premisses in Fee, and that he the said R. C. now at the ensealing and delivery of these presents, is lawfully, surely, solely, and indefeasibly seized in Fee, * 1.6 to the use of himself, and of his Heirs and Assigns for ever, and to none other use, and that without any Condition, further limitation or de∣termination of use or uses, of and in the said Mannor of L. alias L. Park, with the Appurtenances, and of and in all and singular other the Premisses and Hereditaments before mentioned, to be bargained and * 1.7 sold. And that there is no Fee-simple, Reversion, or Remainder in the Queen of the same, or any part therof: And that the said R. C. hath full Power, good Right, and lawfull Authority, to give, grant, bargain, sell, * 1.8 and assure the Premisses, and every part and parcell therof, with their Appurtenances, to the said R. B. his Heirs and Assigns, in manner and * 1.9 form aforesaid. And that the Premisses by these presents bargained and sold, or meant, or intended to be bargained or sold, and every part and parcell therof, be holden in free Socage, and not in Capite or by Knights Service, but by Fealty, and at the Rent of one pair of gilt Spurs, or 6d. by the year, and not charged by or with any greater Rent, or any o∣ther Service whatsoever.

And also that he the said R. C. and his Heirs, shall and will before * 1.10 the last day of February next &c. at the costs and charges in the Law of the said R. B. and his Heirs, make and execute, or cause to be made to the said R. his Heirs and Assigns for ever, a good, sure, rightful, perfit, absolute and lawful estate in the Law in Fee Simple, to the only and proper use of the said R. B. his Heirs and Assigns for ever, without any manner of Condition or Defeasance, of, and in the said Mannor, and all and every other the premisses with their appurtenan∣ces, and every part and parcel therof, with Warrants against all men, or without Warrants, as by the said R. his Heirs or Assigns, or his, or their Councel learned in the Law shall be reasonably devised or advi∣sed.

Page 125

And further, that the said Mannor, and all, and several other the * 1.11 premisses with their appurtenances, and every part and parcel therof now are, and at the time of the making and executing of the said estate to be made as aforesaid shall be, and from time to time, and at all times hereafter shall and may stand, abide, remain and continue unto the said R. his Heirs and Assigns, freely and clearly discharged, exone∣rated and acquitted, and otherwise by the said R. C. his Heirs Execu∣tors or Assigns, defended, saved and kept harmless of, and from all and every former Bargains, Sales, Gifts, Grants, Estates, Uses, Conditi∣ons, Statutes Merchant, and Statute of the staple, Recognisance, Con∣demnations, Judgments, Executions, Annuities, Fees, Joynters, Dowers, Fines, Issues, Amerciaments, Rents, Charge, Rents-Seck, arrerage of Rent, and of and from all and every other former Titles, Charges, and Incumbrances whatsoever, the Rent and Service afore mentioned here∣after * 1.12 to grow due to be paid and done, and the liberty of one R. H. and his Assigns to fetch and carry away, of, and from the premises, all such Timber, Trees, and Woods, as were there felled and cut down be∣fore the 22. day of October last &c. and one Lease made of parcell of the Premisses, to S. H. which shall expire and determine within 15. daies next ensuing the date hereof, wherupon there is received the yearly Rent of &c. of lawfull &c, and one other Lease made of another par∣cell of the Premisses to W. T. which shall expire and end &c. wherupon &c. and one other Lease &c. wherupon &c. which said severall year∣ly Rents from henceforth, during the severall continuances of the same severall Leases, shall be due and payable to the said R. B. his Heirs and Assigns. And also such Estate, Right, Title, Interest, and Demand, as R. C: &c. hath in the Moyety or half part of the said Mannor of L. of the Grant or Assignment of I. F. of L. Widow, contained or mention∣ed in an Indenture, bearing date &c. made between the said I. on the one party, and the said R. C. on the other party, only except and fore∣prised.

And furthermore the said R. C. for him, his Heirs &c. covenanteth * 1.13 &c. that he the said R. B. his heirs and assigns, shal and may from hence∣forth for ever, lawfully, peaceably, and quietly, have, hold, possess, inherit, and enjoy all the said Mannor of L: with the appurtenan∣ces, and all and every other the Premisses, with their appurtenances: And shall and may also lawfully receive, take, have, and enjoy, all and singular the Rents, Revenews, Issues, and Profits therof, from time to time coming, growing, and renewing, to the only use and behoof of the said R. B. and of his Heirs and Assigns for ever, according to the pur∣port &c: of these presents, without any let, resistance, disturbance, or interruption of the said R. his Heirs or Assigns, and without any man∣ner of lawfull let, resistance, molestation, eviction, expulsion, recovery, or interruption of any other person or persons whatsoever, other then

Page 126

the said R. C. and his Assigns, claiming by, from, or under the said E∣state or Interest of the said R. C. before excepted, and other then such persons as any thing claim in the said excepted Leases, or any of them, and for and concerning such Title and Interest only, as any of the same persons claimeth by force of any of the said Leases so before ex∣cepted.

And that he the said R. C. and his Heirs, and B. now his wife, and all and every other person and persons, and their Heirs, having lawfully * 1.14 claiming or pretending to have, or that hereafter shall or may have or lawfully claim or pretend to have any Estate, Title, Interest, or other thing, into or out of the said Mannors and other the Premisses, or any part or parcell thereof, except the said R. C. and his Assigns, claiming by or under the said Estate or Interest of the said R. C. before excepted, and also except such person or persons, as shall claim for or by reason of the Leases aforesaid, or any of them, and for and concerning only their said Titles and Interests of their said severall Leases, and also ex∣cept I. F. Widow, Mother of the said R. C. for such Title or Right of Dower only as she pretendeth, to have by the ordinary course of the common Law of this Comminalty in the premisses, shall and will upon every reasonable request, at the costs and charges in the Law of the said R. B. his Heirs and Assigns, further do make knowledge and suffer, or cause to be done, made, knowledged, and suffered, from time to time and at all times hereafter, during the space of 7. years, next ensuing the date hereof, and every such further lawfull and reasonable act and acts, devise and devises, assurance and assurances, thing and things, as shall be devised or advised by the said R. B. his Heirs and Assigns, or by his or their Learned Councell in the Law, for the further and more better assurance, surety, and sure making, and for the clear and abso∣lute having of the said Mannor of L. with the Appurtenances, and of all and singular the Premisses, with the Appurtenances, and every part and parcell therof to the said R. B. his Heirs and Assigns for ever, to the sole and only use and behoof of the said R. B. and of his Heirs and Assigns for ever, and to none other use or intent, be it by Fine, Feoff∣ment, Recovery. with Voucher or Vouchers, single or double Deed or Deeds, inrolled or not inrolled, Release with warranty against all men or by any other waies or means whatsoever. And that the said R: C: upon reasonable request, shall and will pay and beare the one * 1.15 half of any Fine or Post-fine, touching or concerning any assurances to be had or executed of the Premisses, or any part therof, by and from the said R: and B: his wife, or either of them, or the Heirs of the said R: to the said R: C: his Heirs or Assigns.

And moreover the said R: B: covenanteth &c. That all the said Fines, Feoffments, Recoveries, and other Conveyances and Assuran∣ces aforesaid, and every of them shall be and every, and all and singu∣lar

Page 127

the persons aforesaid, and all and every other person and persons * 1.16 whatsoever, that now have or at any time hereafter shall or may have or claim any Estate Title or Interest, in or out of the said Mannor of L with the Appurtenances, and other the premisses with their Ap∣purtenances, or any part thereof, by from or under the parties afore∣said or any of them, or by from or under, or by force or means of these Presents, or of the said Fines, Feoffments, Recoveries or other convei∣ances or assurances aforesaid, or any of them, shall at all times, and from time to time, from and after every Execution and Executions of every of the said Fines Feoffments Recoveries, or other conveyances or assurances aforesaid, or any of them stand and be seized of the said Mannor of L. with the appurtenances, and of all the Lands Tenements Rents Reversions and Hereditaments abovesaid, and of all and every other the premises with all and singular their Appurtenances, and of every part and parcell thereof to the only use and behoof of the said R. B. his heirs and assigns for ever, In witness, &c.

A Bargain and Sale of Coppy-hold Land, and of Free-hold Land with Covenants for Assurance of each accordingly.

THis Indenture, &c. between I, I. E. &c. and T. E. &c. on the one party, and I. C. &c. on the other party witnesseth, that it is co∣venanted and agreed between the said parties, in manner and form following, that is to say, the said I. I.. E. and T: E: for them, their heirs Executors and Administrators and every of them, do covenant and grant to and with the said I: C: his Heirs, Executors, and Ad∣ministrators and every of them by these presents, that they the said J. J. E. and D: his wife, and T: E: and E: his wife, according to the custom of the Mannor of B. in the parish of I: in the said County of * 1.17 M. now are, or some of them now be, and do stand lawfully and tightfully seized to the only use of themselves and their heirs, or of some of them and their heirs, of and in one Messuage or Tenement with the Appurtenances, &c. and also that they the said J. J. E. and T. E. according to the custome of the Mannor of C. in the said County of M. are, and stand seized to the use of themselves and their Heirs, of and in one close with the appurtenances called L. feild, now or late in the occupation of &c. containing by Estimation &c. all and singu∣lar which said Messuages Tenements and closes with their appur∣tenances according to the severall customes of the said severall Man∣nors, did descend and come to the said I: I: E. and T: E: and their heirs by and after the decease of A. R. alias E. sometime the wife of W. E:

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late of B: in the said County of M: And also the said I: I: E: and T: E. for them, &c: do covenant, &c. in manner and form following; that is to say, that they the said I: I. E. and T: E: shall and will procure and cause severall Courts in the said severall Mannors, lawfully and according to the severall customes of the said Mannors to be holden and kept on this side the three and twentieth day of this present month of December, and that then and their at the same severall Courts, the said I: I: E: and D. his wife, and the said T: E: and E: his wife, according to the severall customs of the said severall Man∣nors in open Court, shall or will surrender all and singular the pre∣misses, * 1.18 with all and singular their appurtenances, to and for the only use and behoof of the said I. C: and of his heirs and Assigns for ever. And that he the said I: C: his Heirs and Assigns from henceforth, and * 1.19 from the time of the severall making of the said severall surrenders, according to the severall customes of the said severall Mannors, shall or lawfully may hold, occupy and enjoy, all and singular the said pre∣misses, with all and singular their Appurtenances, and also have, take, perceive, receive, and enjoy all the issues Rents and profits thereof, and of every part thereof, to and for the only use of the said I. C. and of his Heirs and assigns for ever, clearly and freely discharged, exone∣rated and acquitted, or otherwise by the said I. I: E: and T: E. their heirs or assigns, from time to time and at all times saved harmless, of and from all and singular former Surrender and Surrenders, Estates Titles Leases Dowers Joyntures Forfeitures arrearages of Rents, and other incumbrances whatsoever, the Rents and Services according to the severall Customes of the said severall Mannors therefore of anci∣ent time accustomed to be paid and done, and from and after the seve∣rall making of the severall Surrenders abovesaid to grow due to be paid and done, only except, and moreover the said I. I. E. and T. E. have * 1.20 given granted bargained and sold, and by these presents do fully clearly and absolutely give grant bargain and sell to the said I. C. and to his heirs and assigns for ever, all that close of meadow and pasture being Free-hold containing, &c. and all and singular such Deeds, Evidences Copies of Court Rolls Writings and Mynuments, concerning only the premisses or only any part thereof, as now be in the hands or cu∣stody of the said I. I, E. and T. E. or in the custody of either of them, or which they or either of them can lawfully get without suit in the Law: Together with the true Copies of all other Evidences, Wri∣tings Copies and Mynuments concerning the premisses or any part thereof, joyntly with other Lands and Tenements, they the said I. I. and T. E. for them their Heirs and Executors, do covenant and pro∣mise to deliver, or cause to be delivered to the said I. C. his heirs and assigns, at the dwelling house &c. at or on this side the &c. day of May next coming.

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And further the said I. and T. do covenant, &c. that they the said * 1.21 I: I. E. and T. E. and E, now the wise of the said T. and all and every other person and persons (the chief Lords of the said severall Man∣nors for their ancient and chief Rents and services, only except) ha∣ving or lawfully claiming to have any former Right Title Estate or Interest, in or to the premisses, or any part thereof from time to time and at all times during the space of five years next, &c. at and upon e∣very reasonable request of the said I. C. and of his heirs and assigns, shall and will, do knowledge and suffer, all and every such lawfull and reasonable act and acts, thing and things, as by the said I. his heirs and assigns, or by his or their councill learned in the Lawes of this Realm, shall be lawfully and reasonably devised or advised, for the further or better surety assurance, and sure making of all and singular the said Copy-hold Lands, according to the customes of the said Man∣nors, and all and singular the premisses to be had and made sure, to the said I. C. his heirs and assigns to and for the only use of the said I. C: and of his heirs and assigns for ever, according to the intent and true meaning of these presents. And moreover the said I T. covenants, &c. that the yearly Rents, Issues, issuing out of the pre∣misses now paid, and usually heretofore paid to the Lords of the Fee and Fees; thereof do not surmount or exceed in the whole the yearly summ of &c, And also that the said Free-hold Land above bargained by these presents now is, and from hence forth for ever, shall abid: and * 1.22 continue clear, and free discharged and acquitted or otherwise by the said I. E. his heirs and Assigns shall be for ever saved harmless to the said I. C. his Heirs and assigns for ever; to and for the only use and behoof of the said I. C. and of his heirs and assigns for ever, of and from all and singular former bargains &c▪ heretofore had made done or knowledged, or to be had made done or knowledged before a lawfull Estate, by livery and seisin shall thereof be had and lawfully executed to the said I. C. and his heirs according to the intent and true meaning of these presents: For and in consideration of which said bar∣gains sales covenants grants articles and agreements, above in these presents specified, and on the part of the said I. and T. their heirs Exe∣cutors and Administrators, well and faithfully to be holden perform∣ed and kept, and for the full and clear purchase and surrender of al and singular the premisses the said I, C. at and before the ensealing hereof, hath paid to the said I. E. and T. E. the summ of &c. for which said summ of &c. In witness, &c.

Page 130

A Bargain and Sale of Coppyhold Land.

THis &c. between T. H. on the one party, and W. S. &c. on the o∣ther party witnesseth, that the said T. H. in consideration of the summ of four hundred pound, &c. whereof &c. hath bargained and sold, and by these presents &c. unto the said W. S. and his heirs, one Cottage or Tenement being customary, or copy-hold Land with a Curtillage and the gardens thereunto adjoyning, sometime called, &c. All which premisses were sometimes the Lands and Tenements of John De vouch, and are now in the Tenure and occupation of the said W. S. or his assigns by virtue of a Lease to him thereof granted by the said T. H. by license of the Lord for divers years yet enduring, and the said T. H. covenanteth, &c. that he the said T. at the ensealing and delivery of these presents, is lawfully seized of such and so good and perfect Estate in fee-simple of the nature of coppy-hold, according to the custome of the said Mannor of S. of all and singular the premis∣ses with their Appurtenances, as descended and came by custome of the said Mannor, unto the said T. H. from S. E. & Sir T. H. Knight, de∣ceased Father of the said T. discharged or otherwise saved harmless, of and from all former bargains sales surrenders forfeitures and in∣cumbrances whatsoever, had made committed or done by the said Sir or the said T. C. (the Lease above mentioned alwaies except) and for that the premisses being holden of the said Mannor, by coppy of court Roll, that he the said T. before the feast, &c. at the costs and char∣ges of the said W. his heirs Executors and Administrators shall and will surrender the premisses into the hands of the Lord of the said Mannor for the time being in such sort as by the said W. S. his heirs or assigns, or his or their learned councill shall be devised or required to the intent that the said Surrender presented by the homage of the said Mannor, the Lord of the said Mannor for the time being, may at his pleasure, grant the premisses to the said W. S. and his heirs, to hold the same by copy of Court Roll, according to the custome of the said Mannor. And that he the said T. H. and his heirs shall and will at the costs and charges of the said W. S. his heirs Executors and administra∣tors from time to time, knowledge perform do and execute, and suf∣fer to be done performed knowledged and executed such reasonable act or acts thing or things which by the said W. his heirs or assigns or his or their councill learned in the Laws of England, shall be reaso∣nably devised advised, and required for the Lawfull and better assu∣rance * 1.23 and conveyance of all and singular the premisses to the said W and his heirs according to the custome of the said Mannor, and accor∣ding to the true intent and meaning of these presents. Provided al∣waies

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that the said T. H. shall not by reason of any Covenant or Ar∣ticle herein contained, for the passing of any assurance or assurances of the premisses, or any part or parcell therof, be inforced or compelled to travell out of the said County of C.

Moreover the said T. H. covenanteth &c. to deliver or cause to be * 1.24 delivered to the said W. S. his Heirs or Assigns, within the space of 7. years next ensuing, upon reasonable request all such Copies, Licences, and Evidences whatsoever, concerning the premisses only, or only any part therof, as be in his own hands or in the hands of any other to his use, which he may obtain or come by without Suit in the Law.

Lastly the said T. H. doth covenant &c. that he the said W. S. his * 1.25 Heirs and Assigns, and every of them, shall and may lawfully and peace∣ably possess, have, and enjoy all and singular the premisses, with their Appurtenances, without any manner of lawfull let, disturbance, or e∣viction of the said T. H. and of Dame J. Lady H. Mother of the said T. and of their Heirs, or of either, or any of them. And also that the pre∣misses shall be discharged or otherwise sufficiently saved harmless, of and from all Incumbrances had, made, or suffered either by the said T. or by the said Sir T. Father of the said T. or by any other, having, hold∣ing, or claiming, from, by, or under them or either of them (the Rents and Services due to the Lord of the said Mannor, and his Heirs, and the Lease aforesaid alwaies excepted.) In witness &c.

A Sale of a certain quantity of Iron to be delivered at certain several dayes.

THis &c. Between &c. Witnesseth, That the said Earl, for, and in consideraion of 1000 l. of &c. whereof &c. hath bargained and sold, and by these presents doth bargain and sell to the said R. M. one hundred Tuns of good, perfit merchantable Iron, well and truly to be delivered to the said R. M: his Executors Administrators, or to such other person or persons as the said R. his Executors Administrators, shall in that behalf assign and appoint at B. in the County of W. clere∣ly freed, discharged and acquitted of all charges, duties, payments and demands whatsoever, in manner and forme following &c. twelve Tuns thereof, at, or on this side the last day of September next &c. and eight Tuns more thereof at, or on this side &c. and so from thenceforth monethly on the last day of every moneth as from thenceforth shall next come and follow by course one after another eight Tuns of such Iron as aforesaid, untill the said hundred Tuns of Iron shall be fully and * 1.26 truly delivered; and the said Earle for him &c. Covenanteth &c. That he the said Earle his Executors Administrators or Assigns, shall, and

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will make, or cause to be made, full and true delivery unto the said R. M. his Executors Administrators or Assigns, of all and every part of the said hundred Tuns of such Iron as aforesaid at the same dayes, and at the same place, which to, and for the delivery therof above by these presents, is limitted and appointed, without any default or delay, And that the said R. M. his Executors Administrators and Assigns, shal, and may have and enjoy all the said Iron, and every part therof to the only use of the said R. his Executors Administrators and Assigns, with∣out any account, demand, suit or trouble therefore, or for any part therof to be required, commenced or prosecuted, of, or against them, or of any of them by any person or persons. In Winess, &c.

A Bargain and Sale of Lands with the Tenants Attornment to the same.

THis Indenture made &c. Between H. F. on the one party, and F. B. on the other party Witnesseth, That the said H. F. for, and in con∣sideration of a certain sum &c. whereof &c. Hath Given, Granted Bargained and Sold, and by these presents doth fully, clearly and ab∣solutly give &c. unto the said F. his Heirs and Assigns for ever, al those his mannors of M. and C with their appurtenances in the County of K. &c. being late parcel of the Lands and Possessions of E. F. Esquire deceased, late Father of the said H. F. and now lately demised to A. W. by the said H. F. by his Deed, bearing date &c. and now lately As∣signed over to A. P. &c. and the Reversion and Reversions, of all and singular the premisses above bargained with their appurtenances, and all the Estate, Right, Title, Interest, Use, Possession, Seisin and De∣mand whatsoever which the said H. hath may, or ought to have of, in, or to the said Messuages, Lands, Tenements, Rents, Reversions, Ser∣vices and Hereditaments, and other the premisses with the appurtenan∣ces above bargained by these presents & every or any part therof, and all and singular Deeds, Evidences, Charters, Mynuments, Escripts and Writings concerning the premisses above bargained only, or only any part therof, as many of which said Deeds &c. as the said H. or any o∣ther to his use by his delivery now hath or have, or that he his Heirs Executors or Assigns shall have, or may lawfully come by without suit in the Law, together with the true Copies of all other Evidences which the said H. hath concerning the Premisses above bargained, or any part there joyntly, with other Lands and Tenements, he the said H. for him his Heirs or Executors, doth Covenant and promise well and safely to deliver or cause &c. to th said F. his Heirs or Assigns at &c. on this side the Feast &c. to have and to hold all the said Mannors, Messuages * 1.27

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Lands Tenements, Rents, Reversions, Services and Hereditaments, and other the premisses above bargained with their appurtenances, and the Reversion and Reversions therof to the said F. B. his Heirs and Assigns for ever to the sole and only use and behoof of the said F. B. and of his Heirs and Assigns for ever; and the said H. F. for him, his Heirs Ex∣ecutors and Administrators, doth Covenant and Grant to, and with the said F. B▪ his Heirs Executors and Administrators, and every of them by these presents in manner and form following, that is to say, * 1.28 That he the said H. in his own Right, and to his own use now at the Ensealing and Knowledging of these presents, is and standeth lawfully and soly seised of a good, perfit, sure and indefeasible estate in the Law in his demesne as of Fee simple, either in Possession or in Reversion im∣mediatly expectant upon the determination of Lease or Leases for years of, and in the said Mannor Messuage. Lands, Tenements and Heredita∣ments and other the above bargained premisses with their appurte∣nances. And that the said Mannors Messuages, Lands, Tenements Rents, Reversions Services and Hereditaments, and all other the said * 1.29 premisses above bargained with their appurtenances now be and for ever hereafter, shal be stand and continue to the said F. B. and his Heirs clearly and freely discharged and acquitted, or otherwise from time to time, and at all times upon reasonable request shall be well and suffici∣ently saved harmless by the said H, F. his Heirs Executors and Admi∣nistrators, of, and from all and singular former bargains and Sales, Joyntures. Dowers, Gifts, Grants, Leases, Annuities, Charges, Estates, * 1.30 Titles, and Incumbrances whatsoever (except alwaies the chief Rents and Services to be due to the chief Lord or Lords of the Fee or Fees of the premisses, only in respect of their Seigniories, and the abovesaid Lease made and granted. of all and singular the above bargained pre∣misses, with their Appurtenances, by the said H. F. to the said A. VV. and I. W. as aforesaid, for the term of 50 years, and for the only yearly Rent of 20 s. therfore yearly to be paid during the same Lease. And except also divers other former particular Leases made by the said H. F. of divers parts of the premisses, which shall determine long before the end of the said Lease, made and granted to the said A. and I. W. And also the said H. F. covenanteth &c. with the said F. B. &c. That the above bargained premisses from and after the expiration or other de∣termination of the said Lease therof made to the said A. and I. W. as a∣bovesaid, and during the said other particular Leases, or any of them heretofore made of the same premisses as aforesaid, shall or lawfully may be to the said F. B. his Heirs and Assigns, of the clear yearly value of 100. Marks of lawfull &c. beyond all reprises or above.

And further, that he the said H. F. and his Heirs, and all and every * 1.31 other person or persons▪ having or which shall have or lawfully claim or pretend to have any former State, Right, Title, Use, Possession, or

Page 134

Interest, of, in, or to the above bargained Premisses, or any part ther∣of, other then the said chief Lords of their said chief Rents and Servi∣ces only, and the said Leases only, claiming by their Lease or Leases aforesaid, from time to time, upon every reasonable request, and at the costs and charges in the Law only of the said F. B. his Heirs and Assigns, shall and will do, make, knowledge, suffer, and execute, or cause to be made, done, knowledged, suffered, and executed, all and every such lawfull and reasonable act and acts, thing and things, for the further and better surety, assurance, and sure making of all and singu∣lar the Premisses above bargained, by these presents, to be had and made sure to the said F. B. his Heirs and Assigns, to his and their own use and uses for ever: As by the said F. B. his Heirs or Assigns, or his or their learned Councell in the Law of this Realm, shall be lawfully and reasonably devised or advised, and required from time to time, du∣ring two years next ensuing the date of these presents.

And further that he the said F. B. his Heirs and Assigns, from hence∣forth * 1.32 for ever, shall or lawfully may have and hold, all and singular the Premisses above bargained and sold by these presents, and have, take, receive, and enjoy, all and singular the Rents, Issues, and Profits ther∣of, without any let, trouble, or interruption of the said H. F. or his Heirs, and without any lawfull let, trouble interruption, or eviction of any other person or persons, having or which shall have or claim any Estate or Interest, of, in, or to the Premisses, or any part therof, by or from the said H. or any of his Ancestors, except only such Lea∣ses as aforesaid, only for their Leases above excepted. In witness &c.

The Attornment of the Tenant.

MEmorand. that on the third day of November 1652. I A▪ P. As∣signee of the within named Lessees. A. and I. W. of and for all their term of years within specified of and in the Lands, Tenements, and Hereditaments within bargained, did therof Attorn to the within named F. B. by the payment of one Angell Noble, in part of payment of the Rent reserved in the Lease made of the Premisses, by the within named H. F. to the said A. and I. W. And in testimony therof I have written this Endorsment with mine own hand, the day and year a∣bovesaid, and subsigned the same.

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A Bargain and Sale by a Factor of his Constitutors Goods, to the use of whose Agent the Constitutor had taken up money by ex∣change on the other side of the Sea.

TO all &c. E. T. of L. Merchant, Agent, and Factor here in the Realm of England, of and for the Business, Affairs, and Merchan∣dizes of P. B. of L. Goldsmith, now resident in Spain, sendeth greeting; Whereas the said P. hath lately taken up in Spain by way of exchange for England, of one I: R. Factor for G. G. and R. G. of L. Merchant Taylors money, and other things there, to the value of 285 l. of lawfull money of England, as by Bills of Exchange therof made and consigned. from the said P. to the said E. may appear.

And wheras the said P. as well for payment of the said Bills of Ex∣change, as otherwise for his use hath sent and consigned out of Spain to the said E. hither into E. 400 l. weight or therabouts of Cinamon, in a Ship of I. called the Pelecan, to be discharged in the Port of L. or elsewhere in the Realm of E. as may fortune to fall out.

Now the said E. T. for and in consideration of the satisfaction and payment of the said Bills of Exchange truly to be made to the said G. and R. hath bargained and sold, and by these presents doth bargain and sell to the said G. and R: G: all the said 400 l. weight of Cinamon; To have and to hold the same and every part therof to the said G. and R. their Executors and Assigns, for their own use for ever, absolutely without any Condition: Yet nevertheless wheras the said Sum of &c. shall be had, raised, and satisfied to the said G: and R: of the said Ci∣namon, that then the said G: and R: and their Executors, shall stand accomptable to the said E: for so much as shall be therof made and clearly had to the said G: over and above the said Sum &c. In witness &c.

A Bargain and Sale by Brewers of their Stock in Brewing, as well Implements, Corn, Grain, Casks, &c. as Debts upon Tallies and Scores, with Covenants pertinent for transferring of the Debts.

THis Indenture made &c. between I: S: and P: S: on the one party, and M: R: on the other party; Witnesseth, That the said I: and P: for and in consideration of a certain competent Sum &c. wherof &c. Hath bargained, sold given, granted, and set over, and by these presents, * 1.33 do bargain &c. unto the said M. R. as well all such Wainscot, Glasse,

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Houshold stuff, Implements, Utnesils, Corn Grain, Hops, Horses, Carts, Draies, Cattle, Kask, Robes, Harness, and things that are men∣tioned and specified in one Schedule indented, hereunto annexed, as also all such Debts and Sums of money as the Customers belonging to the late Beer Brewhouse of the said I. and P. S. set and being in the Parish of A. in T. Street of L. are indebted and do owe unto the said I. and P. or any other person or persons, being then Partners in the said Brew∣house, joyntly or severally being set down in a Book, dated the 13th. day of January last &c. remaining under the hands of them the said I. P. and M. together with the Books, Tallies, and Scores, as do concern the names and true Sums of the said Customers and Debts (except as in the same Book is excepted:) To have and to hold the said Wainscot, Glass &c. and things contained in the said Schedule, Debts, and Sums of money owing by the said Customers, set down in the Books aforesaid, (except before excepted) together with the said Books, Tallies, and Scores as do concern the same Debts and Customers, and every of them, unto the said M. R. his Executors, Administrators, and Assigns, to his and their own proper use and behoof for ever:

Ano the said I. and P. for them and either of them, their Executors * 1.34 and Assigns, and for every of them, do covenant and grant, and either of them covenanteth and granteth by these presents, to and with the said M. R. his Executors and Assigns, that he the said M. R. his Execu∣tors or Assigns, shall or may to his and their own use and behoof for e∣ver, peaceably and quietly have, hold, occupy, and enjoy the said Wain∣scot, Glass, Implements, Corn, Grain Carts, Casks, Cattell, Hops Hor∣ses, Drayes, and things contained in the said Schedule, without any let, trouble, interruption, or eviction of the said I. and P. or either of them, their Executors, or Assigns, or any other person or persons, by his or their means or procurement.

And the said I. and P. S. do covenant &c. That the said I. and P. * 1.35 and either of them, their Executors and Assigns, shall not only at all times hereafter, and from time to time, upon the reasonable request, and at the costs and charges in the Law of the said M. R. his Executors or Assigns, avouch, avow, justifie, and maintain with effect, all such law∣full Action and Actions, Suits, Plaints, Processes, and prosecutions, as he the said M. his Executors Administrators or Assigns, shall take, com∣mence, sue, prosecute or follow in the name or names of them the said I. and P. or either of them, their Executors or Administrators, against all and every, or any of the said Customers, specified in the said Book, (except before excepted) and against all and every, or any of the Exe∣cutors or Administrators, of the same Customers, for, or concerning the Debts by them owing also specified in the said Book.

But also from time to time upon reasonable request, and at the costs * 1.36 and charges of the said M. his Executors or Administrators, make, exe∣cute,

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and do, cause &c. all such further act and acts, deeds, and devlses, and things unto the said M. his Executors and Administrators, as by the said M. his Executors or Assigns, or Councell learned, shall be rea∣sonably advised or devised, for the better having, recovering, and recei∣ving of the said Debts owing by the said Customaries (except before excepted) to the only use and behoof of the said M. his Executors and Administrators.

And finally the said I. and P. covenant &c. That he the said M. his * 1.37 Executors Administrators and Assigns, shall and may at all times here∣after, to his and their own use and behoof, lawfully, peaceably, and quietly have, perceive, receive, recover, and take, all and every the said Debts owing by the said Customers (except before excepted) and all costs of Suit, Benefit, and Damages therupon to be had, gotten, or re∣covered without any let, trouble, deniall release, or acquittance, dis∣charge, bar, stop, or hinderance of them the said I. and P. or any other person or persons, their Partners in Brewing in the said Brew-house, or any of them, or any the Executors or Administrators of them or of any of them, or of any other person or persons, by the means, assent, con∣sent, and procurement of them or of any of them.

And the said M. R. covenanteth &c: That he the said M. his Exe∣cutors * 1.38 and Assigns, shall and will upon reasonable request, at all times hereafter, from time to time, bring forth into any Court of Record, or other place within L. or W. any such Book or Books, as he the said M. R. his Executors or Administrators, shall have in his or their custody or possession, as do concern the aforesaid Debts excepted by the afore∣said Books, and whatsoever other Debts owing by any Customer or Customers to the said Brew-house, and not set down or written in the aforesaid Book remaining under the hands of the said I. P. and M: wherby the said I. and P. their Executors or Assigns, may recover and get the same Debts: In witness &c.

The said Schedule above mentioned is to be hereunto annexed.
A Wood-sale, also a Covenant to make free Copy-hold Land.

THis Indenture made between &c. Witnesseth, that the said Sir H. C. Knight, Lord D. for and in consideration of a certain Sum of &c. wherof &c. hath bargained and sold, and by these presents doth bargain and sell to the said R. M. all and singular the Woods, Underwoods, and Trees whatsoever, standing, growing, or being, in or upon all that Wood or Wood-ground called H. Park, within the Lordship of T. in the County of M. except and reserved to the said Lord D. all Timber Trees, already grown sufficient for Timber in and

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upon the said ground, and Wavers, and Standels to be left on every acre therof, according to the Statute in that case provided; To have, take, fell, and carry away all the said Woods, Underwoods, and Trees, (except only before excepted) to the said R. M. his Executors and As∣signs, for the only use of the said R. M. his Executors and Assigns, from time to time and at all times, for and during the space of three years next to ensue and follow, from the Feast of Christmas next &c.

And the said R. M. covenanteth &c. That he the said R. his Execu∣tors * 1.39 and Assigns, at their own costs and charges, shall within three months next after the first beginning of the felling of the said Woods and Underwoods, well and sufficiently hedge and inclose all the said Wood and Wood-ground called &c. and scour and cleanse the Ditches therof, and preserve and keep in as good sort as they conveniently may or can, all the young Springs arising in the same, during the time wher∣in the said Wood, Underwoods, and Trees shall be in felling, carrying, and avoiding away from the said ground called &c. and shall therin leave standing the said Timber, Trees, and Wavers, and Standels afore∣said without fraud or covin.

And the said Lord C. covenanteth &c. that he the said R. M. his Exe∣cutors * 1.40 and Assigns, for their own use and commodity, from time to time and at all times, during the said term of three years, shall and may law∣fully and quietly have, take, fell, and carry away, and enjoy the said Woods Under-woods, and Trees (except only before excepted) with∣out any let, impediment, deniall, or resistance of the said Lord C. his Heirs or Assigns, and without any lawfull &c. of any other person or persons.

And further that wheras J. E. a Copyholder of the said Lord C. with∣in his said Lordship of T. hath bargained and agreed to surrender to the use of the said R. M. and his Heirs for ever, according to the custom of the said Lordship, all the Copyhold of the said J. within the said Lord∣ship. The said Lord C. covenanteth &c. That at all times hereafter, at and * 1.41 upon the reasonable request and costs and charges in the Law of the said R. M. or his Heirs, the said Lord C. his Heirs and Assigns, shall and will enfranchise and make free to the said R. and his Heirs all the said Copy-hold Land to be had and holden to the said R. and his Heirs for their own use in Fee-simple for ever, without reservation of any manner of Rent, Service, or Demand whatsoever: In witness &c.

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A very good Bargain and Sale of a Lordship and Mannor from a a man and his wife, the wife having Joynture, &c.

THis Indenture &c. between H. VV. and D. his wife on the one party, and I. B. on the other party witnesseth, That the said H. W. and D. his wife, for, and in consideration of the sum of &c. to the said H. before the ensealing of these presents well and truly paid by the said I. B. wherof, and wherwith the said H. and D. do acknowledge themselves satisfied and paid; and thereof, and therfore do clearly re∣lease, discharge, exonerate and acquit th said I. B. his Heirs Executors and Administrators by these presents, have aliened, granted, bargained and sold, and by these presents do alien &c. unto the said I. B. his Heirs * 1.42 and Assigns for ever, all that the Lordship and Mannor of C. with the appurtenances in the County of E. &c. and all those woods, groves, underwoods and wood-grounds with their appurtenances in C. afore∣said, called L. Wood and S. Wood, and all and singular Mannors, Mes∣suages, Lands, Tenements, Rents, Reversions, Waters, Fishings, Com∣mons, Wasts, Wayes, Profits, Easements, Commodities and their He∣reditaments with their appurtenances, which the said H. W. and D. his wife have, or either of them hath or ought to have within the said parish of C. in the said County of E. and all and singular Courts Leets, vew of Frank-pledge, Franchises, Liberties, Jurisdictions, Priviledges, Rents, Profits, Royalties and commodities, whatsoever, which the said H. and D. have or ought to have, or lawfully might have in the said Lordship and Mannor, and other the premisses, or in any part or par∣cel thereof, and the Advowson and Right of Patronage of the Parish Church of C. aforesaid, and also the Reversion and Reversions, Rents and Profits of all and singular the premisses, and all and singular Let∣ters Patents, Deeds, Charters, Evidences and Writings whatsoever touching or concerning the premisses or any part therof (except and alwayes foreprised, out of the Bargain and Sale aforesaid, all that house and 75. Acres of Medow Land and Pasture, whether it be more or less * 1.43 called Woodhern R. or otherwise R. and eight acres of land, late in the occupation of I. B. Gent. to have, hold and enjoy the said Lordships, * 1.44 Mannors, Messuages, Lands, Tenements and Hereditaments, and the Avowson aforesaid, and all other the premisses with all and singular their appurtenances, and the Reversion and Reversions therof (except only before excepted) to the said I. B. his Heirs and Assigns for ever to and for the only use and behoof of the said I. B. and of his Heirs and Assigns for ever; and the said H. W. for him his Heirs Executors and Administrators, and every of them doth Covenant and Grant to, and with the said I. B. his Heires Executors Administrators and Assigns

Page 140

and every of them by these presents in manner and form following, that is to say, That he the said H. and the said D. his wife to the only use and behoof of the same H. and D. and of the Heirs and Assigns of the same H. now are, and at the ensealing and delivery of these presents shall be and stand seised (the said H. in his Demesne as of * 1.45 Fee-Simple and the said D. in her Demesne as of Free-hold for term of her life) of, and in all and singular the said Mannors and Lord∣ships, and all and every other the premisses with all and singular their appurtenances without any condition or determination, or limitation of use, and that of such estate the said H. and D. now have good right and lawful power and authority to Grant, Alien, Convey and Assure the said Mannor and Lordship, and all and every other the premisses with the appurtenances (except only before excepted) to the said I. B: and to his Heirs and Assigns in form aforesaid for ever, And that the said Mannor and Lordship, and all and every other the premisses with their appurtenances (except only before excepted) now are, and from henceforth for ever shall be, and continue to the said I. B. his Heirs and Assigns, cleer and free discharged and acquitted, or otherwise from time to time and at all times upon request sufficiently saved harmless of, and from all and singular former Bargains, former Sales, Gifts, * 1.46 Grants, Leases, Estates, Rrecognizances, Bonds, Joyntures, Dowers, Fees, Annuities Rents, Charge, Rents-seck, Arrerages of rent, Title of Dower, Wills, Entailes, Entrusions, Fines, Amerciaments, Titles and Incumbrances whatsoever, had made, done or suffered, or to be had &c. by the said H. W. and D. his wife, or by S. T: alias C. widow, or by any of them, or by any other person or persons having any lawful Estate, Title or intetest in or to the said Mannor or Lordship, and o∣ther the above bargained premisses or any part therof by, or under the estate of the said H. D. and S. or of any of them before a lawfull estate shall be therof made and lawfully executed to the said I. B. and his Heirs according to the intent and true meaning of these presents except alwayes, as well the chief Rents and Services hereafter to grow due to chief Lords of the fee or fees of the premisses in respect of these Signio∣ries only, and all Estates heretofore Made and Granted by Copy of Court Roll of any ancient Copy-holders, according to the Custome of the said Mannor or Lordship whereupon the ancient Rents and Servi∣ces are reserved here to be paid and done from time to time to the said Lordship or Mannor for the time being as of ancient time hath been used. And also one Lease which the said H. by his Indenture, bearing date, &c. did Make and Grant to the said R. L. and his Assigns with∣out impeachment of any manner of wast (voluntary wast of houses on∣ly except) for the term of sixty years commencing at the Feast of &c. then last past, upon which Lease there was reserved 40 l. of &c. yearly payable to the said H. and his Heirs wherof 6 l. yearly the said H. hath

Page 141

released, and 40 l. of yearly rent residue therof from henceforth due, all the residue of the said term now to come shall be yearly due and payable to the said I. B. his Heirs and Assigns. And moreover, the said H. W. Covenanteth &c. for himself his heirs &c. that they the said H. W. and D. his wife before the second day of Feb. now next comming or upon any reasonable request of the said J. B. his Heirs or Assigns, and at the costs and charges in the Law only of the said J. B. or of his Heirs or Assigns, shall and will in due form of Law (for bet∣ter assurance of the premisses above bargained and sold) knowledge * 1.47 more fine or fines of the said Lordship or Mannor with the appurte∣nances of the said Advowson and of the free fishing in the water of C. called the Mill-Water, and of all other the premisses before bargained and sold to the said J. B. and his heirs with warranty only against the said S. T. and other heirs, and against the said H. W. and D. his wife, and the heirs of the said H. As by the said I. B. his heirs or assigns, or by his or their Councel learned in the Laws of this Realm shall be law∣fully and reasonably devised or advised, Provided alwayes that the said H. W. and D. or any one of them or their heirs shall not be enforced to travel out of the City of L. or H. about the leavying of the said Fine. And further that the the said H. W. and D. his wife, and all, and every other person or persons, having, or lawfully claiming or preten∣ding to have any manner of Estate, Title or Interest of, in, or to the premisses, or any part therof, granted, bargained and aliened by these presents other then the chief Lord or Lords of the Fee or Fees of whom the premisses, or any part therof are holden for the chief Rents and Services only and other then such person or persons as hath any Estate or Interest by Copy of Court Roll of any part of the said premisses, by or under the estate of the said H. W. and other then such person or persons as shall claim only by the said Lease made to the said R. L. as aforesaid upon every reasonable request or requests of the said J: B: his Heirs or Assigns, from time to time, and at all times during five years next ensuing the date of these presents, at the costs and charges in Law only of the said J. B. his Heirs or Assigns, shall and will do, knowledge, suffer and execute, or cause to be done, know∣ledged, suffered and executed, all and every such act and acts, thing and things in the Law whatsoever. which by the said J. B. his Heirs or Assigns, or by his or their Councel learned in the Laws of this Realm shall be lawfully or reasonably devised or advised for the further and more better conveying assuring surety and sure making of all the said Mannor and Lordship, and all other the above bargained Premisses, and the Reversion and Reversions Rents and Profits therof * 1.48 to be had, conveyed and made sure to the said J. B: his Heirs and As∣signs for ever without any Condition according to the intent and true meaning expressed in this present Indenture. In Witness &c.

Page 142

A Bargain and Sale by a man and his wife of Land in London.

THis Indenture, &c. between Sir T. G. &c. Knight and Dame A. his Wife on the one party, and N. B. &c. on the other party, wit∣nesseth, that the said Sir T: G: and Dame A. his wife for and in consi∣deration of the sum of one thousand pounds of &c. to him the said Sir T. before hand paid &c. have aliened bargained and sold, and by these presents doe alien bargain, and sell unto the said N. B: and his heirs for ever, all that capitall Messuage or Mansion house with the Tene∣ments adjoyning with their Appurtenances in Bashishaw, in L. which the company of M. in L. were assured to Sir I: G Knight decea∣sed, and I. G: his son and to their heirs, and which said I: G: the son, and E: his wife by their Deed indented, inrolled in the high Court of Chancery, and bearing date the third day of January anno 9 nunc R. R. amongst other things, did bargain sell give and grant to the said Sir T. G: and A: S: Gentleman now deceased, and to their heirs and as∣signs for ever: all and singular shops roomes ware-houses buildings yards entries gates lights gardens, profits commodities easements and here ditaments whatsoever to the capitall messuage, and all other the said Tenements or to any of them belonging, or in any wise appurtain∣ing: or with the same or any of them as part or parcell of them, or any of them now or late heretofore had used demised or occupied, and the reversion or reversions of all and singular the said premisses, and all and singular Charters Evidences and writings, touching or concerning the premisses or only any part thereof: To have and to hold the said ca∣pitall * 1.49 Messuage and Tenements, and all other the premisses with their Appurtenances to the said N: B: his heirs and assigns for ever, and * 1.50 the said Sir T: G: for him his heirs Executors and Administrators, and every of them, do covenant and grant to and with the said N: B: his heirs Executors and assigns, and every of them by these presents in manner &c: that is to say, that he the said Sir T: G: and Dame A: or or one of them in their, or one of their own Right, or to their or one of their own use now are or be, and standeth lawfully seised of a good perfect and absolute estate in the Law in fee simple, of and in the said capitall messuage and Tenements, and other the premisses with their appurtenances, and have, or one of them hath good and lawfull Right and authority to bargain sell and assure the same to the said N: B: his heirs and assigns for ever, according to the true meaning of these * 1.51 presents. And that the said capitall messuage and Tenement, and all other the premisses with their appurtenances now are, and for ever

Page 143

here after shall be and continue clear, and free discharged and acquit∣ted, or otherwise at all times saved harmless by the said Sir T. his heirs Executors or administrators, of and from all and singular former Bar∣gains Sales Grants Estates Bonds Statutes intrusions Dowers Title of Dower Joyntures Rents Arearages of Rents, and other Charges and Incumbrances whatsoever, had, made, done, or grown, or to be had, made done or grown by or from the said Sir T. G. or by any other per∣son or persons, under his title or by his means or procurement, and of and from the Joynture and title of dower of E. the wife of the said I G. and that he the said N B. his heirs and assigns, shall and may peace∣ably and quietly from henceforth for ever, have hold and occupy the said capitall messuage and Tenement, and all other the premisses with the appurtenances, and take perceive Receive and enjoy the Rents Issues and profits therof, for the only use of the said N. his heirs and assigns, from henceforth for ever, without any let trouble eviction recovery or expulsion, of or by him the said Sir T G or otherwise by any other person or persons by the means title or procurement of him the said Sr. T. and also that the said Sr. T. and Dame A. and the said I G * 1.52 on this side and before the feast of all Saints now next coming, at the costs and charges in the Law, only of the said N. B. his heirs or assigns shall and will knowledge one fine or Sur cognizance de droit come ceos que il adde ton done &c. in due form of Law according to the usuall course of fines unto the said N. B. of the said capitall messuage and Tenement, and all other the premisses, and the same by the said fine shall remise and quitt claim from them and their heirs to the said N. and his heirs for ever, with warranty against themselves and the heirs of the said Sr. T for ever, which fine so had and knowledged, shal be to the use of the said N. B. and his heirs and assigns for ever.

And moreover the said Sr T G covenanteth, &c. that he the said Sr. T. and his heirs, and the said Dame A. his wife at all times du∣ring seven years, next after the date of these presents, at the reasona∣ble Request and costs and charges in the Law, only of the said N. his heirs or assigns shall and will do make knowledge and suffer, and cause to be done made knowledged and suffered, all and singular act and acts thing and things, in the Law with warranty only against him and his heirs which by the said N▪ his heirs or assigns, or his or their learned councill in the Lawes of this Realm, shall be lawfully & reasonably de∣vised or advised for the further and better assurance and sure making * 1.53 of all and singular the premisses to be had and made sure to the said N his heirs and assigns, for his and their own use absolutely without any condition whatsoever, In witness, &c.

Page 144

A Bargain and Sale of a Mannor or Farm, with transferring of the benefit of the Covenants made to the Vendor in his Purchase, and of a Recognizance for performance of the same Covenants.

THis Indenture &c. between &c. witnesseth, That the said W. Mar∣quess of W. for and in consideration of the Sum of 700 l. of &c. to him the said W. Marquess of W. by the said W. D: already paid, wherof the said Marquess acknowledgeth himself satisfied, and therof dis∣chargeth the said W. D. hath granted, bargained, and sold, and by these presents doth fully and clearly grant, bargain, and sell unto the said * 1.54 W. D. and C. all that the Mannor, Capitall Messuage, or Farm called W. in the County of M. with all his Rights, Members, and Appurtenances, and all the Messuages, Tofts, Cottages, Gardens, Lands, Tenements, Meadows &c:

All which Mannors or Farm, and other the premisses, T. E. of C. in the County of B. Esquire, by his Indenture dated &c. made between him the said T. on the one party, and the said Marquess on the other party, bargained and sold unto the said Marquess and his Heirs. All Evidences, Deeds, Charters, Escripts, Mynuments, and Writings which do concern only the premisses, or only any part therof: And the true Copies of all others which the said Marquess hath concerning the Premisses, and other Tenements and Hereditaments, to be written out at the costs and charges of the said W. D. his Heirs Executors or Admi∣nistrators, as many of the same Deeds, Escripts, and Writings, as now be in the hands, possession, and custody of the said Marquess, or of any other person or persons to his use, by his delivery, and that he without Suit in Law may lawfully come by. The said Marquess for him his Heirs Executors and Administrators, doth covenant and grant by these pre∣sents, to and with the said W. D. his Heirs Executors and Administra∣tors, to deliver or cause to be delivered to the said W. D: his Heirs Exe∣cutors Administrators or Assigns, on this side or before the Feast of Pentecost next coming, after the date hereof: To have and to hold the * 1.55 said Mannor, Capitall Messuage, or Farm, and all other the Premisses, with their Appurtenances, unto the said W. D. and C. and to the Heirs and Assigns of the said VV. D. and to the only and proper use and be∣hoof of the said W. D. and C. and of the Heirs and Assigns of the said W. D. for ever.

And the said W. Marquess of W. for him, his Heirs Executors and Ad∣ministrators, doth covenant and grant by these presents, to and with the said W. D. his Heirs Executors, and Administrators, that he the said Marquess at the time of the delivery of these presents, is sole, just, and rightfull Owner in Fee-simple, without condition of all and singular

Page 145

the Premisses: And that he hath full power and lawfull authority, to give, grant, bargain, and sell the Premisses, and every parcell therof un∣to the said W. D. and C. and to the Heirs and Assigns of the said W. D. in manner and form aforesaid.

And that he the said Marquess, his Heirs Executors or Administra∣tors, * 1.56 shall and will at all times hereafter, and from time to time acquit, discharge, or save harmless, as well the said Mannor, Capitall Messuage, Lands, Tenements, Hereditaments, and all other the Premisses whatso∣ever, with all and singular their Appurtenances, and every part and parcell therof, as also the said W. D. and C. and the Heirs, Executors, and Administrators of the said W. D. of and from all manner of former Bargains, Sales, Promises, Joyntures, Dowers, Estates, Tail, Legacies, Conditions, Rights, Rent Seck, Rent charge, Recognizances, Statutes Merchant, Statutes of the Staple, Forfeitures, Intrusions, and all other Titles, Charges, and Incumbrances whatsoever, had, knowledged, done, caused, or made by the said Marquess, or by his assent, consent, or procurement▪ at any time or times, the Rents and Services therof from hence forth to be due to the chief Lord or Lords of the Fee or Fees of the Premisses, only except and fore prised.

And that he the said VV. D. and C. and the Heirs of the said VV. shall * 1.57 and may peaceably and quietly have, hold, occupy, and enjoy the Pre∣misses and every parcell therof, without any lawfull Suit, Eviction, de∣vesting, or disturbance of the said Marquess, or of any his Heirs, or of a∣ny other, claiming by, from, or under him.

And that he the said Marquess and his Heirs, shall and will do and suffer to be done at all times hereafter, within the space of three years next ensuing, at the costs and charges in the Law of the said W. D. and C. or one of them, or of the Heirs Executors or Administrators of the said VV. D. all and every act and acts, thing and things, as shall be rea∣sonably devised or Advised by the said VV. D. and C. and either of them, or of the Heirs Executors or Administrators of the said VV: D: or their learned Councell in the Law of any of them, for the further assurance and sure making of the Premisses and every parcell therof, unto the said VV: D: and C: and to the Heirs and Assigns of the said VV: be it by fine or feoffment, recovery, inrollment of these presents, or otherwise with warranty only against the said Lord Marquess and his Heirs, so as the said Marquess and his Heirs shall not be driven and compelled, for making of any such assurance to travell out of his or their house or hou∣ses. And further the said Marquess covenanteth &c. That he the said * 1.58 VV: D: his Executors and Administrators, shall and may at all times hereafter, at his and their costs and charges, for and in the name of the said Marquess, his Executors or Administrators, attempt, commence, prosecute, and sue all and all manner of lawfull Actions and Suits what∣soever, against the said T: E: his Heirs Executors or Administrators,

Page 146

for or by reason of any Couenant, Article, or Agreement, specified or contained in the said Indenture, bearing date the said &c: which ought to be observed, performed, fulfilled, and kept, on the part and behalf of the said T: his Heirs Executors or Administrators, and which here∣tofore hath been, or hereafter shall be broken or not observed or per∣formed by the said T. his Heirs Executors or Administrators. And al∣so one Writ or divers Writs of Scire facias, and all other Actions and Suits whatsoever, which may or shall be lawfully attempted, commen∣ced, prosecuted, or sued against the said T. E. his Heirs Executors Ad∣ministrators or Assigns▪ or their Goods and Chattels, Lands and Tene∣ments, for or by reason of any Recognizances, bearing date the &c. knowledged by the said T. E. before our said Soveraign Lord the King, in his High Court of Chancery, wherin the said T. standeth bound to the said Marquess in the Sum of 2000 l, of &c. which Recognizance was made for the performance of the Covenants specified and contained in the said Indenture, which on the part and behalf of the said T. his Heirs Executors or Administrators, ought to be observed or kept.

And that he the said Marquess, his Heirs Executors and Administra∣tors, * 1.59 shall and will at all times, avow, justifie, and maintain all such lawfull Actions, Suits, and Executions. And that he heretofore hath not done, caused, or suffered to be done, any thing, wherby the said Covenants and Agreements contained in the said former Indenture, or any of them, or the said Recognizance, or the said Sum of 2000 l. con∣tained in the same, were or shall be released, defeated, extinguished hindered, or determined. And that he the said Marquess, his Heirs, Executors or Administrators, shall not willingly and wittingly be non-suit in any of the said Actions or Suits, or discontinue the same, or o∣ther thing do, cause, or suffer to be done, for or touching the abate∣ment, bar, hurt, hinderance, or impairing of the said Actions, Suits, or Executions, without the assent of the said W. D, his Executors or Ad∣ministrators therunto first had and obtained. And that he the said Mar∣quess, his Heirs Executors and Administrators shall and will at all times hereafter permit and suffer the said W. D. his Executors and Admini∣strators, to levy, perceive, take, have, and enjoy to his and their own use and uses, the Sums of money, costs, damages and benefit whatsoever, by such Actions, Suits, and Executions, or any of them, as shall or may be recovered, had, obtained, or gotten: And shall do all such acts and things, for the assurance of the same to the said W. D. his Executors or Administrators, as by him, his Executors or Administrators, or his or their learned Councell in the Law shall be reasonably devised, or ad∣vised and required so to be done: In witness &c.

Page 147

A Bargain and Sale by a man and his wife, of a house in London, with Covenants to transferr the benefit of Bonds, and Covenants made to the Vendor at his Purchase.

THis Indenture made &c. between G. M. and A. his wife, T. M. Son and Heir apparant of the said G. And R. M. second Son of the said G. on the one party, and R. C. on the other party, witnesseth, That the said G. and A. his wife T. M. and R. M. for and in consideration of the Sum of &c. to the said G: well and truly paid by the said R: C: be∣fore the ensealing of these presents, wherof and wherwith the said G: and A: T. M. and R. M: do acknowledge themselves satisfied, con∣tented and paid, and therof and of every part therof, do acquit and dis∣charge the said R. C. his Heirs Executors and Administrators by these presents, hath given, granted, bargained, and sold, and by these pre∣sents * 1.60 doth give, grant, bargain. and sell ro the said R. C. his Heirs and Assigns for ever, all that Capitall Messuage, or Tenement, with the appurtenances. And also all and singular Shops called Cellars, Sol∣lers, Ware-houses, Yards, Rooms, Commodities, Easements, and He∣reditaments, to the said Messuage or Tenement belonging, or in any wise appurtaining. And the Reversion and Reversions of all and sin∣gular the Premisses; which said Messuage and Tenement, and other the Premisses with the Appurtenances, our late Soveraign Lord Edward the 6th: late King of England, by his Letters Pattents, dated at L: the 00. day of N. in the second year of his late Raign, amongst other things, did give and grant to W. G. and to their Heirs for ever: And the said VV. G. and VV. H. the same also amongst other things by their Deed &c. in the said second year of the said late Raign of the said late King Edward the 6th. did give and grant to T. B. &c. and his Heirs for ever. And sithens as well the said T. B. as also one I. N. &c. have severally conveyed and assured the Messuage or Tenement, and all o∣ther the Premisses to the said G. VV: and to his Heirs and Assigns for ever: As by their severall conveyances therof made to the said G. and his Heirs, will plainly appear.

And all the Estate, Right, Title, Interest, Reversion, and Demand whatsoever, which the said G. A. T. and R. VV: have, or any of them hath, shall, or may have, of, in, or to the said Messuage or Tenement, and other the Premisses, with their Appurtenances, or of, in, or to any part or parcell therof: And all and singular Deeds, Charters, Eviden∣ces, and Writings concerning the same Messuage or Tenement, and o∣ther the Premisses, or any part therof: To have, hold, and enjoy all * 1.61 and singular the said Messuage and Tenement, with the appurtenances, and all and every other the Premisses with their appurtenances, and

Page 148

the Reversion and Reversions therof to the said R. C. his Heirs and Assigns for ever, to and for the only use and behoof of the said R. C: and of his Heirs and Assigns for ever.

And the said G: W. T. W. and R. W: for themselves and every of * 1.62 them, and for their Heirs Executors and Administrators, and every of them, do covenant and grant, to and with the said R: C. his Heirs Exe∣cutors Administrators and Assigns, and every of them by these in form &c. That is to say, That he the said G. W: and A. now his wife, are and do stand lawfully seised of the said Messuage, and all other the Pre∣misses, that is to wit, the said G. in his Demesne as of Fee, and the said A. in her Demesne as of free-hold, for term of her life: And that he * 1.63 the said G: and A: his wife, and T. W. and R. W. or some of them, now be the very true and only lawfull and rightfull Owners of the said Mes∣suage and Tenement, and all other the premisses, with their appurtenan∣ces: And have good right & lawful power and authority, to give, grant, bargain, sell, and assure by these presents, the same and every part * 1.64 therof to the said R. C. his Heirs and Assigns for ever. And also that the said Messuage and all other the Premisses, with their appurtenan∣ces, and the Reversion and Reversions therof, now are and hereafter shall be and continue to the said R. C. his Heirs aad Assigns, clearly dis∣charged and acquitted, or by the said G. T. and R. their Heirs Execu∣tors or Administrators, from time to time and at all times, sufficiently keep harmless, of and from all and singular former Grants, Bargains, Sales, Leases, Titles, Estates, and Incumbrances, had, made, knowled∣ged, done, caused, or procured by the said G. T. and R. or any of them, or any other lawfully claiming by or from them or any of them, the chief Rents and Services therof, from henceforth to grow due to the chief Lords of the Fee, in respect of their Seigniory, only except and fore-prised.

And further the said G. T. and R. do covenant &c. that he the said R. C. his heirs and assigns, shall and may peaceably and quietly from hence∣forth for ever, hold, possesse, and enjoy the said Messuage and Tne∣ment, and all other the Premisses, with their appurtenances, to and for the only use and behoof of the said R. C. and of his Heirs and Assigns for ever, without any let, interruption, molestation, resistance or e∣viction of the said G. T. and R. or any of them, or the Heirs of any of them, or of any other person or persons, which have or shall have, or lawfully shall claim to have any Estate, Right, Title, or Interest, of, in, or to the said Messuage and Tenement, and other the Premisses, or a∣ny part therof, by, from, or under the Estate, Title, or Interest of the said G. T. and R. or by, from, or under the Estate, Title, or Interest of any of them. And moreover that the said G. and A. now his wife, and * 1.65 the said T. and R. W. and their Heirs, and all and every other person and persons now having, or which hereafter shall have, or lawfully

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claim to have any former Estate, Right, Title, or Interest, of, in, or to the said Messuage and Tenement, with the appurtenances, or any other the Premisses, or any part therof, by, from, or under the Estate of the said G. upon every reasonable request, from time to time and all times, during three years next ensuing, from the day of the date of these pre∣sents, at the costs and charges of the Law only of the said R. C. shall and will do, make, knowledge suffer, and execute all and every such lawfull and reasonable act and acts, thing and things, with warranty only against themselves and their Heirs, and all other, claiming by or from them or any of them, which the said R. C. his Heirs or Assigns, or his or their learned Councell, shall reasonably and lawfully devise or advise and require, for the further and better conveyance, surety, assurance and sure making of the said Messuage and Tenement, and all other the Premisses with their appurtenances, to be had, con∣veyed, and made sure to the said R. C. his Heirs and Assigns for ever, ab∣solutely in Fee-simple, for the only use of the said R. C. and of his Heirs and Assigns for ever.

And the said G. T. covenanteth &c. That he the said R. C. his Heirs Executors, and Administrators, at their own costs and charges, shall and may lawfully have, use, and prosecute in the name and names of the said G. and of his Executors and Administrators, all and singular Suits, Actions, Remedies, and Recoveries against the said T. B. and I. M. their Heirs Executors, and Administrators, and the Heirs, Exe∣cutors and Administrators of every of them, from time to time and at all times, which can or may be taken, commenced, or prosecuted up∣on any Covenant or Bond made to the said G W. by the said T. B. and one I. B. and by the said I. N. or by any or either of them, in any wise touching or concerning any other Bargain or conveyance of the Pre∣misses, or any part therof.

And further that the said G. his Executors and Administrators, shall and will allow, avow, and justifie, all and every Action and Actions, Suits, Plaints, and Recoveries whatsoever, upon any the said Cove∣nants, Bargains, Conveyances, or Bonds aforesaid, or any of them, which by the said R. his Heirs Executors or Administrators, at their own proper costs and charges, in the name or names of the said G. or his Executors or Administrators, shall be had, sued, commenced, or pro∣secuted. And also that he the said G. heretofore hath not, nor he the same G. his Executors or Administrators, or any of them, without the speciall request and consent of the said R. C. his Heirs Executors or Administrators, shall not, or at any time hereafter discharge any of the said Bonds, Covenants, Bargains, Grants, or Conveyances, nor shall release, discharge, withdraw, deliver, hinder any Action, Suit Reco∣very, or Execution whatsoever, to be commenced, sued, or had upon any of the said Covenants, Bonds, Bargains, Grants, or Conveyances,

Page 150

neither shall wilfully commit, do, or knowledge any act or acts, thing or things whatsoever, which might hinder, prejudice, or abate any of the said Actions, Suits, Recoveries, or Executions in any wise, without such speciall consent and request as aforesaid.

And moreover that he the said R. C. his Heirs Executors and Admi∣nistrators, shall or lawfully may have, take, and enjoy, to the only use and profit of the said R. and of his Heirs, Executors, and Administra∣tors, all the benefits, advantages, and commodities of all and every the said Actions and Suits, and of the Executions therof, without any let, impediment, deniall, or resistance of the said G. his Heirs Executors or Administrators, and without any account therfore, or for any part therof to the said G. his Executors or Administrators, to be made or given: In witness, &c.

A Bargain and Sale by a Company, of Land in London, where the Grantee chargeth back the Land, with an Annuity to the Company for ever.

THis Indenture &c. between the Wardens or Keepers, and Fellow∣ship of the Mystery of B. of the City of L. on the one party, and A. R. &c: of B. on the other party, witnesseth, That the said Wardens &c. have given, granted, bargained, and fold, and by these presents do &c. to the said A. R. and his Heirs for ever, all that their Messuage or Tenement, with the Appurtenances, scituate, lying, and being in the the Parish of &c. in L. aforesaid, now or lately being in the Tenure or Occupation of the said A. R. and now commonly called and known by the name and sign of the S. And also all and singular Shops, Cel∣lars, Sollers, Chambers, Buildings, Yards, Lights, Rooms, Waies, void Grounds, Commodities, Easements, and Hereditaments, whatsoever they be, with all and singular their Appurtenances, to the said Messu∣age or Tenement belonging or appurtaining, or as any part or parcell of the same, now or lately, or at any time heretofore demised, letten to Farm, had, used, or occupied with the same. And the Reversion and Reversions of the said Messuage or Tenement, and of all other the Premisses, with all and singular their Appurtenances, and all the Right, Title, Interest, and Estate whatsoever, which the said Wardens or Kee∣pers and Fellowship of the Mystery of B. of the City of L. and their Successors, have, can, or may have, of, in, or to the said Messuage or Tenement, and all other the Premisses with their Appurtenances, and every or any part or parcell therof, by any way or means whatsoever. And all and singular Deeds, Evidences, Charters, and Writings, which

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the said Wardens or Keepers, or any of their said Fellowship, or any other, to their use, have, or can, or may lawfully get or come by with∣out Suit in the Law. To have, hold, and enjoy all the said Messuage * 1.66 and Tenement, and all and every other the Premisses with their Ap∣purtenances, and the Reversion and Reversions therof, and all the said Estate, Right, Title, and Interest of the said Wardens or Keepers, and Fellowship of the Mystery of the B. of the City of L. and of their Successors, of, in, and to the same, and every or any part or parcell therof to the said A. R. his Heirs and Assigns for ever, to the only use of &c.

And the said Wardens or Keepers and Fellowship of the Mystery of * 1.67 the B. of the City of L. for them and their Successors, do covenant and grant to and with the said A. R. his Heirs Executors Admininistra∣tors and Assigns, and every of them by these presents, in form &c, That they the said Wardens or Keepers and Fellowship of the said My∣stery, and their Successors, shall and will at all times, and from time to time hereafter, acquit, discharge, or otherwise save and keep harmless, as well the said Messuage and Tenement, and all other the Premisses, with their appurtenances, and the Reversion and Reversions therof, as also the said A. R. his Heirs Executors Administrators and Assigns, and every of them, of and from all and singular former Grants, Bargains, Sales, Leases, Annuities, Rents, Charges, arrerages of Rents, and also of and from all former Estates, Uses, Interests, Charges, and Incum∣brances, had, made, given, granted, pretended, challenged, claimed, demanded, or charged, or to be had, made &c. by the said Wardens or Keepers and Fellowship aforesaid or their Successors, or by any o∣ther person or persons whatsoever, all Leases and Estates for term of years heretofore made of the Premisses to the said A. R. and his Assigns, and the chief Rent to be therof due and payable to the chief Lord or Lords of the Fee, only except and fore-prssed.

And further, that they the said Wardens &c. and their Successors, * 1.68 at and upon every reasonable request to them the said Wardens for the time being to be made by the said A. R. his Heirs and Assigns, and at the costs and charges in the Law, only of the said A: R. his Heirs Exe∣cutors or Assigns, shal and will make, do knowledg and suffer and cause &c. all and every such further assurance and assurances, and do all, and every such lawful act and acts, thing and things in the law whatsoever, which during the term of seven years next ensuing the date of these presents by the said A. R. his Heirs or Assigns, or by his or their Councel learned in the Laws of this Realm from time to time shall be reasonably and lawfully devised or advised for the further or bet∣ter conveyance, assurance, surety and sure making of all the said Mes∣suage and Tenement, and all other the premisses with their appurte∣nances, and of every part and parcel therof, and of the Reversion and

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Reversions therof to be had, conveyed and sure to the said A, R. his Heirs and Assigns, to his and their own use for ever without any manner of condition with warranty duly of the said Wardens or Keep∣ers and Fellowship, only against them and their Successors. And it is agreed between the said parties to these presents, that all Fines and Recoveries and other Conveyances and Assurances whatsoever of the premisses or any part therof to be had, made, knowledged or suffered by the said Wardens or Keepers and Fellowship and their Successors to the said A. R. his Heirs and Assigns, shall be to the only use and be∣hoof of the same A. and of his Heirs and Assigns for ever and to none other use or uses, intent and purpose whatsoever.

And also wheras in the 19th. year of K. H. 8: S. H. made and de∣clared his last Will and Testament of the said Capital Messuage with the appurtenances, and of the said Tenement therunto belonging or appur∣taining, and by the said Testament after divers limitations devised the said Messuage and Testament unto the said Wardens, Keepers and Fel∣lowship of the Mystery of B. by the name of the Wardens and Fellow∣ship of the Craft, of B. and brother of &c. in the City of L. upon divers and sundry conditions and to divers intents and purposes, as by the said last will and testament more plainly may appear. The said Wardens &c. do Covenant &c. that they and their Successors shall cleerly and free∣ly acquit, exonerate, discharge and save harmless the said capital Mes∣suage with the appurtenances, and the said Tenement thereunto ad∣joyning for ever, of, and from all manner of Conditions, Limitations, Uses and Intents, and of, and from all manner of Scruples, Doubts, Ambiguities, Articles, Clauses, Sentences, Legacies or Bequests, to, and with every thing and things contained, mentioned, expressed, be∣queathed or otherwise mentioned within the said Will and Testament. And in consideration of the said Grant, Bargain, Sale, Covenants and Agreements abovesaid made and granted by the said Wardens &c. and on their party truly to be performed and fulfilled towards the said A. R. his Heirs and Assigns, in manner and form aforesaid. The said A. R. before the date hereof, hath contented and paid to the said Wardens &c. the sum of forty Marks of &c. wherof, and wherwith the said Wardens &c. knowledge themselves to be truly satisfied and paid.

And further the said A. by these presents doth Give and Grant to * 1.69 the said Wardens &c. and their Successors for ever one yearly Rent of 12 l 6 s. 8 d. of &c. to be issuing and going out of the said Messuage and Tenement with the appurtenances, and all, and every other the pre∣misses with their appurtenances, to have, hold, perceive, receive and take the said annual rent to the said &c. and their Successors for ever, yearly to be paid at the Feasts of &c. or within &c. next after every of the same Feast dayes by even portions; the first payment therof to

Page 153

begin and to be made at the Feast &c. or within &c. and if it shall * 1.70 happen the said annual Rent of &c: or any part thereof to be behind and unpaid by the space of &c. after any of the Feast dayes wherin it ought to be paid as aforesaid, that then and so often it shall and may be lawful to, and for the said Wardens &c: into the said Messuage and Tenement, and all other the premisses with their appurtenances to en∣ter and distrein; and all and every the distress and distresses there to be found, lawfully and quietly to take, bear, and carry away, and with them to hold, retain and keep untill they or their Assigns, or some of them shull be fully paid and satisfied, of, and for the said Annuity and all arrerages therof if any be. Provided alwayes that the said War∣dens * 1.71 &c: shall not at any time charge the person or persons of the said A. R. his Heirs and Assigns, to, or with the said yearly Rent of &c. This present Gift or Grant notwithstanding, And the said A. R. Covenanteth &c: that he the said A: his Heirs and Assigns at all times from henceforth plainly and uprightly without any fraudulent or co∣venous practise or confederacy to be made with any other person or persons according to his and their lawful Estate, Right and Title, and as by course of the Laws of this Realm they may do, and by their Councel learned in the same Laws shall be advised to be done, shall and will maintain and defend all claimes, titles, challenges and de∣mands whatsoever which shall be hereafter made to the premisses, or a∣ny part therof, and that as often as any such claime, title challenge or demand shall be so made to the knowledge of the said A. his Heirs or Assigns, that then and so aften, he, or they shall therof give or leave no∣tice and knowledg to the said Wardens &c. or their Successors at their Common Hall scituate in G. Lane in L. and upon reasonable request shall suffer and agree that the Councel learned in the said Laws of the said Wardens &c: shall, and may have conference witb the Councel of the said A. and of his Heirs and Assigns, for, and concerning the de∣fence of all the said claimes, challenges and demands, and shall, and will condiscend and agree to such pleading and defence therin to be made as upon such conference between their Councellors by the same Councellors shall be resolved to be most meet and convenient for the defence of such title and claim as shall chance or fortune hereafter at any tlme or tlmes so to be made. In witness, &c.

A Bargain and Sale of the Moyetie of a Mannor and of an Ad∣vowson.

THis Indenture, &c. between A. C. &c. T. H. &c. and A. H. of &c. on the one party, and I. L. &c. on the other party witnes∣seth,

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That wheras one N. S. Son to E. of late of &c. Son and Heir of I. S. &c. by sufficient Conveyance and Assurance in the Law, was lawfully seised of an estate of Inheritance of and in all the Moiety and half Deal of, of the Mannor of W. with the appurtenances, and of the Moiety of ten Messuages, four Lofts, one Water-Mill, ten Gardens, four hundred acres of Land, two hundred acres of Medow, four hun∣drd acres of Pasture, thirty acres of Wood, and 40 s: of yearly Rent and appurtenances in W. and of the Moiety of the Advowson of the Church of W. and of divers other Lands and Tenements to the said Moiety of the said Mannor of W. belonging, and so being therof seised and to the intent to convey the absolute Fee-simple and Inherirance unto the said A. C. and his Heirs of the one Moiety of the said Pre∣misses and Mannors by his Deed Indented, dated &c. did bargain and sell unto E. R. and J. H. Esquires, and to their heirs all that the said Moiety and half deal of the said Mannor of VV: with the appurtenances in the said County of O. together with the Moiety and half deal of the Water-Mill in VV. aforesaid and Moiety of the Advowson and right of Patronage of the Rectory and Parish Church of VV. aforesaid, and all Lands, Tenements Medows, Feedings, Pastures, Woods, Underwoods and Trees, and the soyl and ground of the Commons, Wast-grounds, Heaths, Rents, Reversions, Services, Liberties, Franchises, Prive∣ledges, Profits, Commodities and advantages whatsoever to the said Moiety and half deal of the said Mannors and other the premisses be∣longing or appurtaining, or part, parcel or member therof being, and also all other his Messuages, Lands, Tenements and Hereditaments with the appurtenances in VV. aforesaid or else-where in the said County of O. and after leavied a Fine, and suffered a Recovery therof in form of Law, which Fine and Recovery, as is expressed in the said Deed Indented were had, levied, and executed, to, and for the use of the said A. C. and his Heirs, as by the same Deed appeareth. And wheras afterwards the said A. C. and I. his wife, VV. C. and M. his wife, B. P. and E. his wife; which said M. C. and E. P. were the daughters and only next heirs of I. S. which was the eldest Son of the said E. S. by their Deed indented, bearing date the &c. did bargain and sell to the said A. H. and his heirs all the said Moiety of the said Mannors of VV. with the appurtenances and two hundred acres of Land, fifty acres of Medow, &c. and all and singular Lands, Tene∣ments and Hereditaments, and every part and parcel therof in the Parishes aforesaid, late the Inheritance of the said E. S. and after that the same A C. and I. VV. C. and M. B. P. and E. his wife did levy a fine of all the said moiety of the said Premisses to the use of the said A. H. and of his heirs for ever, as further by the said Fine and former Conveyances and the circumstances thereof doth and may appear.

Page 155

Now the said A▪ T. C H. and A. H. for a certain Sum &c. wherof &c. have bargained and sold, and by these presents, do grant, alien bargain, sell, release, and continue unto the said I. L. his Heirs and Assigns for ever, all the said Moyety of the said Mannor of W. &c. And also all other the Messuages, Lands, Tenements, and Heredita∣ments, with the appurtenances in W. aforesaid, or elsewherin the said County of B. which late were of the said E: S. except 20. acres of Land in T. of which the said A C. lately heretofore hath bargained and sold unto one A. B. and his Heirs, together with all Deeds, Char∣ters, Evidences, and Writings concerning the Premisses, or any part therof; To have and to hold all the said Moyety of the said Mannor of W. and all and every other the Premisses, with their appurtenan∣ces (except only before excepted) to the said I. L. his Heirs and As∣signs for ever, to and for the only use and behoof of the same I. L. his Heirs and Assigns for ever.

And the said T. H. and A. H. for themselves &c. covenant &c. with the said I. L. That the said Moyety of the said Mannor, and all other the Premisses with their appurtenances (except before excepted) now be, and for ever hereafter shall abide, continue, and be to the said * 1.72 I: L: his Heirs and Assigns, clear and free discharged and acquitted, or otherwise by the said T: and A: their Heirs Executors or Admini∣strators saved harmless, from time to time and at all times, of and from all and singular former Bargains, Sales, Gifts, Grants, Leases, Joyn∣tures, Dowers, Fees, Annuities, Rents, arrerages of Rents, Estates, Titles, Charges, Demands and Incumbrances whatsoever, before the ensealing and delivery of these presents, had, made, done, procured, or agreed unto by the said T. and A. or either of them, the chief Rents and Services from henceforth to be due to the chief Lords of the Fee, and all such bargains and conveyances, as the said A. heretofore hath made to the said A. C. and his Heirs only (except and fore-prised.)

Provided alwaies that these Indentures or any Article or Covenant contained in the same, shall not extend to charge the said T. and A. H. or either of them, or the Heirs Executors or Administrators of ei∣ther of them, otherwise or further then only for such acts, incumbran∣ces, and charges as are already done, executed, or agreed upon by the said T: and A. or either of them, which shall or may incumber, charge, or impeach the Premisses or any part therof, contrary to the intent and true meaning of these presents.

And the said A C. covenanteth &c. in form &c. That he the said * 1.73 A: C: and the said T: H: and A: H: or some of them, at the ensealing and delivery of these presents, are or be the rightfull, true, and per∣fect Owner or Owners of the said Moyety of the said Mannor of W. and other the said bargained Premisses with the appurtenances (ex∣cept

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before excepted.) And that they or some of them now are and do stand therof and of every part therof, now at the ensealing and delivery of these presents, lawfully seised in his or their Demesne as of Fee, to the only use of him or themselves, and of his or their, or some of their Heirs, without any condition or limitation of use or uses; And that they or some of them, have or hath good rightfull power and lawful authority to give, grant, bargain, sell, and assign the said Moyety of the said Mannor, and all other the Premisses with their appurtenances (except before excepted) to the said I: L: his Heirs and Assigns in manner & form aforesaid ever. And that the said Moyety of the said Mannor, and all other the said above bargained Premisses with their appurtenances (except before excepted) now be, & for ever here∣after shall abide, continue and be unto the said I. L. his Heirs and As∣signs, freely and clearly discharged and acquitted, or otherwise by the * 1.74 said I: C: his Heirs or Executors saved harmless, from time to time and at all times, of and from all and singular former Bargains &c. and In∣cumbrances whatsoever heretofore had, made, done, or executed by the said A: C: A: H: E: S: and N: S. or any of them, or any the Ancestors of the said E: or N. or by any other person or persons, which had or have any former Estate in the Premisses or any part therof, by or under the Estate of the said A: C: A: H: E: S: and N: S: or any of them, or any the Ancestors of the said N: or E: (the chief Rents &c. and one Lease made by word to one R. B. of &c. to endure for the term of &c. now to come, by and under the payment of the yearly Rent of &c. and one other Lease &c. to one R. L. &c. and such interest of Common and other benefits, as the Lords and Te∣nants of the Mannor of S. W. can lawfully claim in a peece of Ground called R parcel of the above bargained Premisses, only except and fore-prised.)

And further that he the said A. C. and I. now his wife, and the said * 1.75 W. C. and M. his wife, and B: P. and E. his wife, and the said R. L. and M. his wife (saving only to the said R. the Lease for years above excepted) and all and every other person and persons, having or law∣fully claiming to have any former Estate, Right, Title, Demand, or Interest, of, in, out, or to the said Moyety &c. and all other the a∣bove bargained Premisses, or any part therof, by, or under the Estate of the said E. S. except the chief Lords aforesaid, and the said Leasees, and their Assigns, and the said Lords and Tenants of the said Mannor of S. W: claiming only their several Right and Estate above excepted, du∣ring the space of three years now next coming, from time to time and at all times, upon reasonable request, and at the costs and charges in the Law only of the said I. L. his Heirs Executors or Assigns, shall and will do, knowledge and suffer, and cause to be done &c. all and every such lawfull and reasonable act and acts, thing and thins, devise and

Page 157

devises in the Law, for the further and better assurance, surety, and sure making of all the Moyety of the said Mannor of W. with the ap∣purtenances, and of the other above bargained Premisses, with their appurtenances, to be had and made sure to the said I. L. his Heirs and Assigns, to and for the only use &c. as by the said I. L. his Heirs or Assigns, or his or their learned Councell (with warranty only against the said A. C. and the other persons aforesaid, which shall happen to be parties to such further assurance severally against themselves and their Heirs) shall be reasonably advised or devised: In witness, &c.

A Sale by Executors of Land belonging to their Testator.

THis Indent: &c. between R. S. &c. I. P. &c. and A. &c. his wife, and T. H. Executors of the last Will and Testament of E. C. late &. on the one party, and I. H. &c. on the other party, witnesseth, That they the said R. S. I. P. A. his wife, and T. H. according to the tenor and true meaning of the said last Will and Testament of the said E. C. which late was the wife of T. C. &c. and by force and virtue of the same last Will and Testament, for and in consideration of the sum of 170 l. of &c. to &c. wherof &c. have bargained, sold, and granted, and by these presents do fully and clearly bargain, sell, and grant un∣to the said I. H. his Heirs and Assigns for ever, allt that Messuage or Tenement with the Appurtenances, set, lying, and being &c. And also all and singular Shops, Sollers, Yards, Commodities, Easements, and Appurtenances, to the said Messuage or Tenement belonging, or in any wise appurtaining, or as part or parcell therof, had used, repu∣ted, or occupied: And all and every the Deeds, Evidences, Writings, and Mynuments concerning only the premisses, or only any part or parcell therof. All which said Deeds, Evidences &c. aforesaid, toge∣ther with the true Copies of all other Deeds, Evidences, Wills, Wri∣tings, and Mynuments which do concern the said Tenement, or as many of them, as they the said R. I. A. and T. or any of them, have or hath, which they or any of them may lawfully come by without Suit in the Law, the said R. I. A. and for them their Heirs Execu∣tors, Administrators and Assigns, do covenant and grant, and every of them covenanteth and granteth to and with the said I. H. &c. well and truly to deliver, or cause to be delivered unto the said I. H. his Heirs or Assigns, at or before &c. next &c. To have, hold, and enjoy * 1.76 all the said Messuage or Tenement, and all other the Premisses with their appurtenances, unto the said I. H his Heirs and Assigns for ever, to and for the only and proper use and behoof of the said I. H: his Heirs and Assigns for ever.

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And the said R. S. I. P. and T. H: for them and for the said A. P. and every of them. and for the Heirs Executors and Administrators of e∣very of them, do covenant and grant, to and with the said I. H. his Heirs Executors Administrators and Assigns, and every of them by these presents, in manner and form following: That is to say, That they the said R. I. A. and T. or the Heirs of the Survivor or Survivors of them, at or before the 20: day of February next &c. at the costs and charges of the said I. and of his Heirs or Assigns, shall make and exe∣cute, or cause &c. unto the said I. H. his Heirs and Assigns for ever, a good sure, sufficient, and lawfull estate and assurance in the Law in Fee-simple, of and in all the said Messuage, and all other the Premis∣ses with their appurtenances, to the only use and behoof of the said I. H. his Heirs and Assigns for ever, without any manner of condition or lmitatlon of use. And that the said Messuage and Tenement, and all other the premisses with their appurtenances, now are, and be at the time of the making and executing of the said Estate and assurance in form aforesaid to be made and executed, shall be and from hence∣forth shall continue and abide to the said H. I. his Heirs or Assigns, * 1.77 clear and clearly acquitted and discharged, or at all times from time to time, sufficiently saved harmlesse, of and from all and every former Bar∣gains, Sales, Gifts, Grants, Statutes, Recognizances, Annuities, Fees, Joyntures, Dowers, Fines for Alienations, Intrusions, and of and from all and every other Charges, Titles, Troubles, and Incumbrances what∣soever they be had, made, committed, done, or agreed unto by the said R. S. I. A. and T. or any of them.

And moreover that they the said R. I. A. and T. or the Heirs of the Survivor or Survivors of them, and also all and every other person and persons, any thing lawfully having or claiming, or which at any time or times hereafter shall or may lawfully have or claim any thing, of, in, or to the said Messuage, and other the Premisses, or any part ther∣of, by, from, or under the said R. S. I. P. and A. his wife, and T. H. or any of them, at all times hereafter, and from time to time, during the space of 3. yeers next &c. upon the lawfull request, and at the costs and charges in the Law of the said I. H. his Heirs or Assigns, shall * 1.78 and will further do, cause, knowledge, and suffer to be made, done, and knowledged, all and every such further lawfull act and acts, de∣vise and devises, thing and things of assurance whatsoever, with war∣ranty only against the said R. I. A. and T. and their Heirs; As by the said I H. his &c. shall be reasonably devised or advised for the further or better assurance, sure making, and conveying of the said Messuage, and of all other the above bargained Premisses, to be had and made to the said J. H. &c. to the only use &c.

Provided alwaies that the said R. J. A. and T. or any of them, or the Heirs or Assigns of them, or of any of them, shall not be compel∣led

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to travell in and about the making and executing of the said Assu∣rances, or any of them, any further then the Cities of L. or W. and the Suburbs of the same. In Witness &c.

A Bargain and Sale of an Assignee of a Patentee of Concealed Land.

THis Indenture &c. between A. K. of L. Esquire, and F. K. of L. Gentleman, on the one party, and C. R. of T. in the County of C: Gentleman, on the other party, witnesseth, That the said A. K: and F: K: for and in consideration of a certain sum of &c. wherof and wherwith &c. and therof and therfore &c. have granted, aliened, bargained, and sold, and by these presents &c. unto the said C: Ʋ: and his Heirs for ever, all that their House or Scite of the late Monastery of T. and all Houses, Edefices, Barns, Stables, Dove-houses, Orchards, Gardens, Lands and Soil, as well within the said Scite and Precinct of the same late Monastery, as neer and next to the same late Monastery: And all and all manner of Demesne Lands there to the same late Mo∣nastery, somtime belonging and appurtaining, or within the same be∣fore that used or occupied, now or late in the Tenure or Occupation of Sir H. I. Knight, or of his Assigns: And the Reversion and Rever∣sions of all and singular the Premisses; And all and all manner of Woods Under-woods and Trees, in and upon the Premisses, and the Ground and Soil of the same Woods, Under-woods, and Trees: And all and singular Rents, Revenews, and yearly Profits whatsoever, re∣served upon any Lease or Leases made of the Premisses, or of any part therof, Together with such Views of Frank-pledg, Courts, Leets, Law-daies. Cattailes wayed and stryafed, free Warrens, Knights Fees, and with all and all manner those and such Liberties, Franchises, Privi∣ledges, Jurisdictions, Profits, Commodities, and Emoluments whatso∣ever, as any Abbot or Prior of the said late Monastery of T. or any o∣ther person or persons, having or possessing the premisses, or any part therof, or of any part or parcell therof seised, ever had held and enjoyed, or ought to have had, holden, or enjoyed the said Scite and other the Premisses, or any part therof, by reason of any Charter of Gift, Grant, or Confirmation, or of any Letters Patents by our said Soveraign Lady the Queen which now is, or any of her Progenitors Kings of England, by any manner of means made, gran∣ted, or confirmed, or by reason of any prescription, use, or custom be∣fore this time had or used or otherwise by any manner of means Right or Title, so fully, wholly, and amply as Sir R. H. Kt Citizen and Alder∣man of London, and A. G. Citizen and Alderman of London, and T. A.

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Citizen and Haberdasher of L. the said Scite and Demesne Lands, and other the Premisses, amongst other things late had to them and their Heirs, of the Gift and Grant of our said Soveraign Lady Queen E∣lizabeth, by virtue of her Letters Patents therof to them made, under the great Seal of England, and bearing date at G. the &c. in the 12. year of her Raign: And in as large and ample manner, as the said A. and F. the said Scite and other the Premisses, amongst other things had to them and their Heirs, of the Bargain, Sale, Grant, and Feoffment of the said Sir. R. H. A. G. and T. A. by vertue of their Deed therof made to the said A. and F: bearing date &c. except and alwaies re∣served * 1.79 to the said A. and F. their Heirs and Assigns, the Granges of A. and B. with their appurtenances, and all and singular Lands Tene∣ments and Hereditaments, to the same two Granges, or either of them belonging or in any wise appurtaining: To have and to hold the said * 1.80 house &c: except before excepted, to the said &c. his Heirs and Assigns for ever, to the only use of &c. to be holden of our said Soverain Lady * 1.81 the Queen her Heirs and Successors, as of the Mannor of E. within the County of K. by Fealty only in free Socage, and not in chief, for all Rents, Services, and Demands whatsoever for the Premisses or any part therof, to our said Soveraign Lady the Queen, her Heirs or Suc∣cessors, in any wise to be yeilded, paid, or done.

And the said A: and F. for them their Heirs Executors and Admi∣nistrators, and every of them do covenant &c. in manner &c. That is to say, That the said Scite and Demesne Lands &c. and all other the Premisses above specified, to be bargained and sold by these presents, except before excepted, now are, and stand, and from henceforth for ever shall continue, stand, and be to the said C. his Heirs and Assigns, free and clearly discharged and acquitted, or at all times &c. So fol∣lows the Incumbrances. And also that the said C. his Heirs and Assigns for ever, shall or may peaceably and quietly, have, hold, and occupy all and singular the said Scite and Demesne Lands &c. except before excepted. And shall or may from time to time, and at all times hereaf∣ter, have, take, gather, perceive, receive, and enjoy, all and singular the Rents, Issues, and Profits thereof, to and for the only use, commo∣dities, and behoof of the said C. his Heirs and Assigns, without any let &c. of the Grantors or either of them, or of any other person or per∣sons, by the means, title, or procurement of the said A. and F. or ei∣ther of them, or of their Heirs or Assigns, or the Heirs or Assigns of ei∣ther of them: In witness &c.

This Deed to be knowledged and enrolled, and then a release to the pos∣session of the said C. U. from Sir R. H. A. G. and T. A. and W. B. with warranty against them and their Heirs.

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A Bargain and Sal of a Remainder to three persons each to have a third part, with Covenants that the Heirs of the Vendors (who may have interest) shall not go about to reverse or annul any Fine or Recovery passed by the Vendors for Assurance of the Land.

THis Indenture &c. Between R. C. of L. in the County of N. Gent. and I. L. of London, and one of the daughters of Sir T. L. late Al∣derman of the City of L. deceased, and of Dame A. his wife on the one party, and A. C. wife of T. C. of &c. Esquire, K. B. wife of E. B. and W. B. daughter of G. B. daughters of the said Sir T. L. and Dame A. his wife on the other party witnesseth, That wheras the said Sir T. L. in his life time, for divers good and sufficient considerations did by his sufficient Writing under his Hand and Seal, Convey and As∣sure, or cause to be Conveyed and Assured to the uses hereafter in these presents mentioned and expressed all that the Capital Messuage, with the appurtenances scituate in, or neer I. &c. late in the Tenure, &c. all house-buildings, &c. to the said Messuage belonging, that is to say, to the use of him the said Sir T. L. for term of his life without impeachment of Wast, and after his decease the remainder of all and singular the Premisses with their appurtenances, to the use of the said Dame A. for term of her life, and after her decease the remainder of all and singular the premisses with their appurtenances to the use of the said I. L. and of the heirs of the body of the said I. lawfully begotten or to be gotten (and so limiting the uses to the said other three sisters) as the same conveyance more at large may appear; and after the said Sir T. died, by, and after whose death the said Dame R. entred into the Premisses, and was, and yet is of the same lawfully possessed and seised in her Demesne as of Free-hold for term of her life by vertue of the said Conveyance and Assurance, and of the Statute of Uses in that be∣half made and provided, the remainder therof to the said I. L. and to the heirs of her body lawfully belonging with Remainders over in ma∣ner and form aforesaid.

And wheras the said R. C. shall by the grace of God marry, and take to his wife the said I. L. Now the said R. and I. for, and in considera∣tion of the sum of 500 l. to them paid &c. wherof &c. have Granted, Bargained, Sold, Released and Confirmed, and by these presents do Grant &c. unto the said A. C. K. B, and W. B. all the said Capital Messuages &c. and the said remainder and Inheritance of the said I. of and in the Premisses, and every parcel therof, and her right, title, use, possession, estate, reversion and remainder, of, in and to the said Pre∣misses, and of, in, and to every part and parcel therof with their appur∣tenances; and all their, or either of them, or the heirs of the body

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of the said I. might, or lawfully ought to have, of, in, and to the said Premisses, or of, in or to any part or parcel therof, together with all their, and either of their Deeds &c. to have and to hold the third part of the said Capital Messuage &c. and also of the said Deeds, Eviden∣ces * 1.82 and Writings to the said A, C. her Heirs and Assigns for ever, to the only proper use and behoof of the said A. C. and of her Heires and Assigns for ever, and to have and to hold one other third part of the said &c. to the said H. B. her Heirs and Assigns for ever &c. and to have &c. the other third part and residue of the said & c. to the said W. B. her Heirs and Assigns &c. A Covenant by the said R. C. and I. L. for discharge of incumbrances to the said A. K. and W. A Co∣venant by the said R. C. and I. L. and the heirs of her body for further assurance.

And further the said R. and J. Covenant &c. That they the said A. K. and W. their several heirs and assigns aforesaid, shall▪ or may from the death of the said Dame A. peaceably and quietly have, hold, occupy, possess and enjoy the said Messuage without any lawful &c. of the said R. and I. or either of them or of any other person or per∣sons lawfully claiming, or which hereafter shall lawfully claim, in, from▪ by, or under the said R. and J. or either of them, or by their, or either of their means. assent, or procurement. And further the said R. and J. Covenanteth, &c. That they the said R. and I: or either of them, or any the Heirs of the bodies of them, or of any of them shall not at any time hereafter, reverse, annul or make void, or go about to reverse, annul or make void any fine or fines, recovery or recoveries, know∣ledge, levied or had, or to be knowledged &c. by the said R. and I. or either of them to the said A. K. and W. or any of them or the heirs of them, or of any of them, or to any other such person or persons as they or any of them their heirs shall therunto name or appoint. In witness, &c.

A Bargain and Sale of the Reversion and Remainder of the fourth part of a Parsonage.

THis Indenture, &c. Between R: T: of R. in the County of N: Esq. on the one party, and VV: C: of &c. on &c. witnesseth, That the said R: T: for, and in consideration of the sum of 170 l. wherof &c. Hath bargained and sold, and by these presents doth freely and clerly bargain and sell unto the said VV: C: and his heirs the Remainder and Reversi∣on of the fourth part of the Parsonage and Rectory of M: in the County of E: to take effect in possession unto the said VV, C: and his Heirs, immediatly by, and from the death of M. late wife of G: B: Gent. deceased, son of Sir H: B: Knight deceased, and also for the con∣sideration

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aforesaid, hath bargained and sold unto the said VV: C: and his heirs by these presents all that the Remainder and Reversion of the fourth part of all and singular the Glebe Lands, Tenements, Tithes, Annuities, Pencions, Portions and Hereditaments whatsoever being part, parcel or member of the said fourth part of the Rectory afore∣said, which is to the said fourth part of the said Parsonage and Rectory belonging or appurtaining in any wise, renewing, comming or grow∣ing, or to be demanded, or had by reason of the fourth part of the said Parsonage or Rectory to take effect in Possession unto the said VV: C: his Heirs and Assigns immediatly by and from the death of the said M: B: which Remainder and Reversion of▪ and in the said Parsonage and Rectory and other the said Premisses descended and came, and of right ought to descend and come unto K: T: deceased as one of the daughters and heirs of the said Sir Sir H: B. Knight deceased and mo∣ther unto the said R: T: and her heirs, and by and after the death of unto the said K. the said R. T. & his heirs as son and heirs of the said K. And also for the consideration aforesaid hath bargained and sold unto the said W. C: and his heirs all that the Remainder and Reversion of the fourth part of the Advowson, Nomination, Presentation and Gift of the Vicarage of M. aforesaid, which descended and came unto the said K. Mother of the said R. T: as one of the daughters and heirs of the said S: H: together with all Deeds, Evidences and Writings which the said R: hath concerning the Premisses, to have and to hold all the said Remainder and Reversion of the said fourth part of the said Parsonage and Rectory, Glebe-Land, Tenements, Titles Annuities Pentions, Portions and Hereditaments whatsoever as part, parcel or member belonging or appurtaining, renewing, comming or growing or in any wise to be demanded or had by reason of the said fourth part of the said Parsonage and Rectory. And also the said Remainder and Reversion of the fourth part of the said Advowson, Nomination, Presentation and Gift of the said Vicarage of M. unto the said W. his Heirs and Assigns, to the only use and behoof of the said W. his Heirs and Assigns for ever. A Covenant that the said R. T. stand∣eth lawfully seised of the Premisses, And that it shall be lawfull for the said W. C: to possesse the same. A discharge of Incumbrances, a Co∣venant for further assurance during two years, after the death of the said M: late wife of the said G: B.

And the said R: T: further doth covenant &c. That if at any time hereafter it shall happen the other three parts of the said Rectory, Parsonage, Vicarage, or Premisses, or any part of the said three parts to descend, remain, accrue, or come to the said R: or his Heirs, as Heir of the said Sir H. B: or any of his Heirs: That then the said R: or his Heirs, so having the other three parts, or any part of the said three parts, or that lawfully may have the same, upon reasonable request

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therof made by the said W: C: his Heirs or Assigns, at the costs and charges in the Law of the said W: C: his Heirs or Assigns, convey and assure to the said W. his Heirs and Assigns, the said other three parts, and every part of the said three parts, which shall or ought to descend, remain, and accrue to the said R: T: or his Heirs as aforesaid, the said last rented assurance to be made, with warranty only, as is before re∣cited in the said conveyance of the said fourth part. In witness wherof the said parties to these present Indentures interchangably have set their Seals, given the day and year first above written.

An Indenture where one having had a Lease Morgaged unto him and forfeited, he now conveyeth the same back to the first Vendor, conditionally he pay a Sum of money by a day; Note good Covenants in this Indenture.

THis Indenture &c. between J. J. Citizen and Founder of L. on the one party, and I. D. of E. in the County of K. Gentleman, on the other party, witnesseth, That where Sir H. C. of C. in the County of W. Knight, by his Indenture of Lease, dated &c. did demise to the said I. D. and his Assigns, for the term of 16 years, commencing at the Feast &c. then last past, for the yearly Rent of 16 l. of lawfull &c. du∣ring the said term to be paid to the said Sir H. his Heirs and Assigns, all that the Scite of the Mansion place or dwelling house of his Mannor of R. alias R. in the County of E. Together with all Courts &c. and all Demesne Lands &c. to the said Scite &c. belonging, or in any wise appurtaining, or at any time therfore had excepted &c. except as in the said Indenture is excepted. And where the said J. D. did heretofore make sale, and bargain to the said J. J. of all the said Lease, Estate, and Interest of the said J. D. of and in the Premisses, for the assurance of payment of a certain Sum of money by the said J. D. to have been paid to the said J. J. at a certain day now past: In the payment of which said Sum, the said J. D. hath clearly made default, and yet hi∣therto hath not paid the same, or any part therof to the said J. J: or to any other for his use: By reason wherof the said J: D. hath clearly forfeited all his said Lease, Estate, Interest, and term of years, which be yet to come in the Premisses unto the said J: J▪ as by a former pair of Indentures therof made heretofore between the said J: D: on the one party, and the said J: J. on the other party, bearing date &c. more at large and plainly will appear. By reason wherof the said J: J: now is lawfully possessed of the said Lease and other the Premisses, as of his own proper goods. Yet nevertheles at the earnest desire and

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request of the said I: D: and upon and under the condition, that the said I: D: his Executors or Administrators, do pay or cause &c. to the said I: I: his certain Attorney, Executors or Administrators, the Sum of &c. of lawfull &c. on the 12. day of D. next &c. at &c, between the hours &c. of the said 12. day of D: next ensuing as aforesaid: The said I: I: hath granted, bargained, and sold, and by these presents so far as in him is, doth grant, bargain, sell, assign, and set ouer to the said I: D: for the only use of the said I: D: and of his Executors and Assigns all the Lease, Interest, and terme of yeares now to come, of and in the said Scite &c. and all other the Premisses above recited, in so large and ample manner as the said I: I: had the same of the Grant, Bargain, Sale and Assignment of the said I: D: by the said former In∣denture above recited in these presents.

Provided alwaies that if the said I: D: his Executors and Administra∣tors do make default, and do not pay, or cause &c. the said sum of &c: and every part therof to the said I: I: his certain Attorney Executors or Administrators, in manner and form as is above limited in and by these presents. That then and from thenceforth these presents, and every thing in them contained or mentioned, for the benefit or behoof of the said I: D: his Executors or Administrators, shall be as clearly and utterly frustrate and annihillated to all intents and purposes, as though the same had never been had nor made; Any thing in these presents written or specified, to the contrary therof in any wise notwith∣standing.

And the said I: I: covenanteth &c. That the said I: D: and his As∣signs, by and under the payment of the yearly Rent reserved of the Premisses in the Originall Lease first above recited in these presents, and under the performance and fulfilling of the Covenants and Arti∣cles therin contained, to be payable and due to be done from hence∣forth, untill the 12. day &c. next &c. shall or may without let or in∣terruption of the said I. I. his Executors or Assigns, hold and occupy the said Scite &c. and other Premisses with their appurtenances, untill the said 12. &c. And the said I: D: covenanteth &c. in manner &c. That he the said J: his Executors or Assigns, shall and will from time to time, untill the said 12. &c. yeild and pay to the said Sir H. his Heirs and Assigns, or to his or their Bayliffs or Receivers, for the time be∣ing, all and every payment of the yearly Rent aforesaid, for the Pre∣misses by the said Originall Lease, within the space of 10. daies, next after any such payment shall be due. And for every such severall pay∣ment shall take and receive of the said Sir H: his Bayliff or Receiver for the time being, one severall acquittance, and every such acquit∣tance shall and will deliver, or cause &c. to the said I: I: at &c. with∣in the space of 20. daies severally, next after the time wherin any of the said payments of the said yearly Rent, shall be first payable by the

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true meaning of the said former originall Indenture of Lease.

And also that the said J. D: his Executors or Assigns, before the said 12. &c. next &c. shall not do, procure, or suffer to be done, any act or thing in and upon the Premisses, or any part therof, wherby the Estate, Right, or Interest therof granted and conveyed to the said J: D. by the said originall Indenture of Lease, or any part of the same Right or Interest, of or in the Premisses, or any part therof, shall be impaired, hurt, or forfeited.

And further that if the said J: D: his Executors and Administrators do make default, and do not pay or cause to be paid the said sum of &c. and every part therof to the said J: J: his Executors Administra∣tors or Assigns, at the said dwelling house &c. at such time and in such manner and form, as for the payment therof is above limited and ap∣pointed in these presents; That then and at all times during 3. months then next following, upon any reasonable request to be made by the said J: J: his Executors Administrators or Assigns, at the said Mansion house of the Mannor of R. the said J: D: his Executors or Assigns, shall and will peaceably and quietly yeild and deliver the said Mannor, and all other the Premisses, with their Appurtenances, into the posses∣sion of the said J: J: his Executors or Assigns, without any manner of fraud, covin, or delay. Provided alwaies, and the said J: J: covenan∣teth &c. That if the said J: D: his Executors or Administrators, do pay or cause to be paid the said sum of &c. to the said J: J. in such man∣ner and form as is above in these presents therfore limited and appoin∣ted. That then and at any time after, upon reasonable request the said J: J: his Executors Administrators and Assigns, shall and will as well deliver or cause to be delivered to the said J: D: his Executors or Ad∣ministrators, the said Original Indenture of Lease whole and uncan∣celled, and all former conveyances and bonds made concerning the same by the said J: D: to the said J: J to be cancelled: As also shall upon like request, and at the costs and charges of the said I: D: grant, release, and re-assign, and convey the said Scite of the said &c. and all other the Premises, and the said originall Lease, with warranty by co∣venant for discharge or saving harmless the same upon reasonable re∣quest, of and from all former Grants, Alienations, Leases, and Bar∣gains therof, or of any part therof, before that time made or to be made by the said I: I: or his Executors (except only such Grant and Bargain as the said I: I: hath therof made to the said I: D: by these presents: In witness &c.

Page 167

A Sale of Corn.

THis Indenture &c. between C: D: of S. in the County of N. Es∣quire, and W. G: of &c. in the name and as lawfully hereunto au∣thorized by the said C: D: on the one party, and P: S: of &c. on the other party, witnesseth, That the said C: and W. for the consideration ensuing, have by these presents bargained and sold unto the said P. S. 24. Laste of Wheat, good, sweet, Merchantable, and with the best, and not taled or branded, at the price of 12. l. of every Last therof; All which 24. Lasts of Wheat, of the goodness aforesaid, the said C. D. and W. G. for them and every of them, covenanteth &c. to and with the said &c. That they the said C. and W. their Executors Administra∣tors or Assigns, shall deliver or cause to be delivered unto the said P. his Executors Administrators or Assigns, before the last day of this pre∣sent month of April, at A. in the parts of Brabant, wind and weather therunto serving, before the said last day of this present month of April frank and free of all charges, custom, licence and other duties whatsoe∣ver, and clear of all arrests, detainings, losses, troubles, and all other incumbrances whatsoever, that might happen because of the said lading or transporting out of the same: And therof to save the said P. his Executors Administrators Assigns and Goods, and every of them harm∣less, the duties of Custom at A: in Brabant aforesaid, there due for the said Wheat alwaies except.

In consideration wherof the said P. S. for him &c: doth Covenant to, and with the said &c. That he the said P. his Heirs Executors or Assigns, shall, and will truly pay, or cause to be paid to the said &c: at the Shop &c. the sum of 288 l: of &c. in manner &c. viz. in hand at the Ensealing and Delivery of these presents 100 l. therof which the said W: acknowledgeth by these presents accordingly to have received, and in the last day of this present moneth of April 100 l. more therof, the 24. lasts of Wheat being laden and ready to be conveyed as above, and the rest being 88 l. within six dayes next after true certificate, or other Letter given at the delivery of the said 24. lasts of Wheat at A. aforesaid; and the said C: and W. for themselves &c. Covenanteth &c. That if any Prohibition or other Let or Restraint shall at any time hereafter happen wherby the said 24. lasts of Wheat cannot proceed and be transported into the said parts beyond the seas, or that the said Wheat being out of this Realm shall be by force of Wind or Wea∣ther driven into this Realm of England and Dominions therof, and therupon be restrained or otherwise letted from proceeding in the said Voyage, that then and in every such case the said C: and W: or one of them, or the Executors &c. shall take all the said Wheat again, and within one moneth next ensuing the said Prohibition, Restraint, or Let

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made, shall restore unto the said P: his Executors Administrators or Assigns, at the Shop &c. all the money which the said C: and W. or ei∣ther of them, or the Executors &c. shall have received for the said Wheat: And finally the said W: G: for him &c. Covenanteth &c. that the said C: D: his Executors and Administrators shall and will ra∣tifie these presents, and that he the said C. his Executors and Admini∣strators shall before the of this present moneth of April, Enseal Subscribe and Deliver as his or their lawful Deed to the use of the said P. his Executors or Administrators, as well the Counter part of these presents already sealed and delivered by the said W. as also one Obli∣gation of the penalty of 300 l. of &c. for performance hereof likewise already sealed and delivered by the said W. In witness, &c.

A Bargain and Sale of Felts where the Vendees during the continu∣ance of the Bargain to have twenty shillings before hand.

THis Indenture, &c Between A. B. on the one party, and C, D. on the other party witnesseth, That for the consideration hereafter expressed in these presents the said A. B. hath bargained and sold, and by these presents doth bargain and sell to the said C. D. all and singu∣lar such Felts and skins of Sheep and Lambs as the said A. B. and his Servant, or any other for him shall make slaughter of between the day of the date hereof, and the first day of N. now next coming. And it is agreed between the said parties, that the said W. E. in form follow∣ing, shall pay and allow to the said W. W. for every dozen of Felts called Summer Felts, 22 s. of &c. and for every dozen of Sheep-skins called Sherlings, to be delivered before the first day of August, next comming, 6 s. of &c. And for every dozen of the same Sheep-skins called Sherlings, to be delivered after the first day of November, untill &c. 10 s. of &c.

And the said W. W. for him &c. covenanteth &c. That he the said W: W: or some of his Servants shall weekly, and from time to time from henceforth deliver unto the said W. E. and to his Servants, all the said Felts and Skins, as the said W. E. or his Servants shall call for the same, at the now dwelling house of the said W. W. And that the same Skins and Felts from time to time, shall be well and workman-like fleyn: for and in consideration whereof the said W. E. for him and his Executors doth covenant and promise, to and with the said W. and his Executors by these presents: That he the said W. E. shall and will before &c. next &c. content and pay to the said W. W. the sum of 40 l. of &c. in part of payment, of and for the said Skins and Felts to be delivered as aforesaid, and that so soon as the said W. W. shall have

Page 169

delivered to the said W. E. in form aforesaid, so many of the said Felts and Skins as shall amount to the said sum of 40 l. That then the said W. shall pay 20 l. more of like mony as aforesaid, beforehand to the said W. in part of payment of such of the said Skins and Felts as there∣after are to him to be delivered; And so from time to time ther∣after, so soon as such money before hand to be paid by the said VV. E. shall be to him satisfied, by such Skins and Felts to him to be deliver∣ed by the said VV. VV. as aforesaid, the said VV. E. alwaies to pay to the same VV. VV. 20 l. before hand, so long as 20 l. worth of the said Skins and Felts shall be behind to be delivered to the said VV: E: by force of the Bargain between him and the said VV: VV: made and ex∣pressed in these presents: In witness, &c.

A Bargain and Sale by a Merchant of part of his Adventure in a Ship to Brazile.

THis Indenture &c. between A. R. on the one party, and B. P. &c. on the other party, witnesseth, That wheras the said A. is amongst other interested in a good Ship of L. called the M. and of all her Tackle, munition, Provisions, Merchandizes, and Adventures, in her pre∣sent Voyage, to go and return from the Country of Brazill, under the Government of the Portugals, and of all and every the Goods and Merchandizes wherwith God shall send her to return, after the rate and value of 70 l. of &c. which the said A. for his part hath put into the Stock made among the Adventures in the said Voyage, for the full providing therunto and executing and finishing the same.

Now in consideration of 20 l. of &c. which the said B. hath at the * 1.83 ensealing hereof paid to the said A: wherof &c. he the said A: hath, given, granted, bargained, sold, and put over, and by these presents doth &c. to the said B. to the onely use of the said B: his Execu∣tors and Assigns, the sum of 20 l. of &c: parcell of the said 70 l. and all and whatsoever that is or shall come or grow only, of and for the said 20 l. or of the adventure of the same and of all and every the Premisses.

And also the said A. doth grant and put over to the said B. his Executors and Assigns, Interest, Right, and Title, in and to the said Ship, Tackle, Munition, Provisions, Merchandizes, and Adventures a∣foresaid, and to all to come and arise therof, as far as to the rate of the said sum of 20 l. shall etxend: In witness &c,

Page 170

A Bargain and Sale of a Fre-hold Estate in Land for term of life.

THis Indent. &c. between M: L: &c. and J: L. his wife on the one party, and I: I: &c. on the other party, witnesseth, That wheras A. I▪ &c. naturall Mother of the said M. by writing tripartite, bearing date &c. * 1.84 For and in consideration of a Marriage then to be had between the said M: and I: and towards the accomplishment of certain Bonds, Pro∣mises, Covenants and Agreements made upon consideration of the said Marriage, and for divers other considerations, as in the said Wri∣ting tripartite indented is expressed, hath covenanted and gtanted to and with R. T. &c. and W: H: &c. their Heirs, Executors and Assigns, That she the said A: and all persons that then were seised of and in all those her two Messuages or Tenements, with the appurte∣nances, then in the Tenure and Occupation of the said A. Scituate and being in W: should stand and be of the same Messuages, Tenements, and Premisses with their appurtenances, seised to the use of the said A: I. for and during her naturall life, and after her decease, to the use of the said M. L: and I: his wife, for and during the naturall lives of the said M: and I. and of the longer liver of them, and afterwards to such further uses as in the said Writing tripartite indented, are decla∣red.

Now the said M: L. and I: his wife, for and in consideration of the * 1.85 sum of 300 l. of &c. wherof &c. hath given, granted aliened, bargained, and sold, and by &c. to the said I: I: and his Assigns, all the said two Messuages and Tenements with their appurtenances, and all other the Premisses, and the said Writing indented, and all the Estate, Right, Ti∣tle, Interest, and Demand whatsoever, which the said M: L: and I: his wife, or either of them hath or ought to have, to of and in the said two Messuages and Tenements, and other the Premisses, with their ap∣purtenances, or any part or parcell therof: To have and to hold the same two Messuages and Tenements, with the Appurtenances, and all * 1.86 and singular other the Premisses to the said I: and his Heirs, immediat∣ly from the day of the date of these presents, for and during all the terms of the naturall lives of the said M: and I: his wife, and of the life of the longer liver of them.

And the said M: for himself and for the said J: his wife, his Execu∣tors and Administrators, doth covenant &c. in form &c. That the said two Messuages, and all other the Premisses are, and from hence∣forth during the lives of the said M. and I: and the life of the longer liver of them, shall abide and continue to the said I: and his Assigns, clear and free discharged and acquitted of and from all and every for∣mer * 1.87

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mer Grants, Charges, and Incumbrances whatsoever, before the ensea∣ling, knowledging, and enrolling of these presents, had, made, done, or agreed unto, or to be had &c. by the said M: and I: or either of them: In witness &c.

A Bargain and Sale of Land where notwithstanding it is provided that if the Vendor to pay the Vendee a certain sum of money with∣in ten years, and a yearly rent for the Premisses he shall occupy, the the Sale shall be void.

THis Indenture, &c. Between I, K. the younger of N. &c. on the one party and A. R. &c. on the other party witnesseth, That the said I. K. for. and in consideration of the sum of 400 l. of &c. wherof &c. * 1.88 And thereof &c. hath given, granted, bargained and sold, and by these * 1.89 presents doth give, grant, bargain and sell to the said A. R. and his Heirs for ever, all that the capital Messuage or Inn commonly called the H. or White H. with his appurtenances, and all Chambers, Halls, Buildings, Houses, Barns, Stables, Orchards, Dove-houses, Lands, Me∣dows, Feedings Pastures and Hereditaments thereunto belonging, ly∣ing and being within the Town and Fields of N. &c. and the Reversi∣sion * 1.90 and Reversions of all and singular the premisses, and all and sin∣gular other Lands, Tenements, Rents, Reversions and Hereditaments with their appurtenances whatsoever which the said I. K. hath, or ought to have within the Town, Parishe or Fields of N. aforesaid and * 1.91 C. &c. and all and singular Deeds, Evidences Charters and writings con∣cerning the premises or any part or parcel therof, as many of which said Deeds &c. as the said J. K. now hath or can come by, he hath at the En∣sealing of these presents delivered to the said A. R. and the residue doth promise to deliver to the said A. and his Heirs, as they, or any of them shall come to the hands of the said I. K. or by him or his Heirs may be had or gotten without suit in the Law, to have, hold and enjoy all and * 1.92 singular the the said Messuages Lands, Tenements, Rents, Reversions, and all and every other the premisses with their appurtenances to the said A. R, his Heirs and Assigns for ever, to, and for the only use and behoof of the said A. R. and of his Hirs and Assigns for ever. And the said I. K. for him, his Heirs Executors and Administrators, and e∣very of them doth Covenant and Grant, to, and with the said A: R. his Heirs Executors Administrators and Assigns, and every of them by these presents in manner and form following, that is to say, That he the said I. K. and A: his wife, on this side, and before the 4th. day of * 1.93 of Feb. now next comming, at the costs and charges in the Law of the said A: shall knowledge one fine and Sur Conusanses de droit come ceo

Page 172

&c. of all and singular the Messuages and other the premisses to the same A: R: and his Heirs before the Justices of the Common Bench at Westminster, with Proclamations according to the form of the Statute in that Case made and provided by the name of four Messuages, four Cottages, eight Gardens, five acres of Land, three acres of Pasture, two acres of Medow, two acres of Wood, and 40 s. Rent with the ap∣purtenances in N. upon T. and C. in the said County of N. and by the said fine shall knowledge all the said Tenements and Rent, with their appurtenances to be the right of the said A. R. as those which the said A. then shall have of the Gift of the said I. and A. and so further, according to the usual manner of Fines, and that now, and untill the knowledging and enrowling of these presents, and the Recording and Engrossing of the said Fine; the said I. K. and A. or some other person or persons to their use, are and shall be plainly and lawfully seised of, and in all the said Messuages and other the Premisses by these presents above bargained and sold to the use and behoof of the said I. K. and A. his wife, and of the Heirs of their two bodies between them two law∣fully begotten; and for lack of such issue to the only use and behoof of the right Heirs of the said I: K: for ever, without any Condition, Mortage, or any other use or uses whatsoever, and that the said I. K. of such estate hath lawfull Power and Authority to bargain and sell the said Messuages and other the premisses to the said A: R: and his Heirs for ever, according to the Tenor and Purport of these presents. And that the said Messuages and Premisses, and every part and parcel * 1.94 therof, now be and at all times hereafter shall be discharged or saved harmless to the said A: his Heirs and Assigns by the said I: his Heirs Executors and Administrators, of, and from all and singular former Bargains, Estates, Rights, Conditions. Grants, Leases, Titles, Entailes, and Encumbrances whatsoever, one Lease made of a parcel of the Pre∣misses * 1.95 to the said A: B: which shall expire &c. and one other Lease &c. and one yearly Rent charge at 40 s. yearly issuing out of the Pre∣misses, and the chief Rents and Services hereafter to grow due to the chief Lords of the Fee of the Premisses, only except and foreprised, And * 1.96 further, that he the said I. K. and A. his wife and their Heirs, and the Heirs of the said I. from time to time upon every reasonable request of the said A: R: or his Heirs, and at his and their costs and charges in the Law at all times within seve years next ensuing the date of these presents, shall, and will, do, make and knowledge all, and every such lawful and reasonable Act and Acts, Thing and Things in the Law for the further assurance, suerty, and sure making of all the said Messuages and Premisses to be had and made sure to the said A: R: and his Heirs for ever, to and for the only use and behoof of the said A. R. and of his Heirs and Assigns for ever, be it by Fine, Feoffment, Deed or Deeds Enrowled, Recovery, Release with warranty against all men, or

Page 173

otherwise without warranty, as by the said A. R. his Heirs and Assigns, or his or their learned Councel shall be lawfully and reasonably devi∣sed or advised.

Provided alwaies, and it is especially conditioned, concluded, and * 1.97 agreed, by and between the said parties to these presents, for themselves their Heirs Executors Administrators and Assigns, and every of them by these presents, That if the said I: K. and A. his wife and the Survi∣vor of them and their Heirs Executors or Administrators, or the Heirs Executors or Administrators of the said I. K. from time to time, and at all times, during such time as they or any of them shall occupy the Premisses or any part therof, by any Lease to be therof made to the said I: and A. or to either of them by the said A: R: do as well keep and maintain all and singular the Premisses in good and sufficient repara∣tions, and pay the yearly Rent therfore to be reserved by the said Lease, according to the tenor and true meaning. As also do well and truly content and pay, or cause &c. to the said A. his Executors or Administrators, or to his or their lawfull Attorney, the Sum of 300 l. of &c. at one entire payment, at the now dwelling house of the said &c. Scituate &c. Or if he be not there then dwelling, that then at such other house, where he shall fortune to dwell within the same City, or the Suburbs therof, at any time within the space of ten years, next en∣suing from the date of these presents, upon any 26. day of April, or 26. day of July, between the hours of &c. in the afternoon of any of the same daies; That then and from thenceforth it shall and may be lawfull, to and for the said I. and his Heirs and Assigns, into all and singular the Premisses, to re-enter, and the same to have again and hold, as in his or their former Estate, these presents, or any other assu∣rance or conveyance therof, or of any part therof made, or hereafter in the mean time to be made, to the contrary in any wise notwithstanding.

And that then and from thenceforth, the said Fine to be knowled∣ged by the said I. K. and A. his wife, of the Premisses, in form afore∣said, and all other conveyances and assurances in the mean time therof made or to be made to the said A. his Heirs and Assigns, shall be and enure to the only use of the said I. K. and A. his wife, and of the Heirs and Assigns of the said I. K. for ever. And that then and from thenceforth the said A. R. his Heirs and Assigns; and all and every o∣ther person and persons which shall fortune to be seised, of or in the Premisses, or any part therof, by or under the Estate of the said A. R. shall therof and of every part therof stand and be seised, to the only use and behoof of the said I. K: and A. and of the Heirs and Assigns of the said I. for ever, and to none other use or uses whatsoever.

And the said I. K: doth for &c. covenant to and with the said A. R. his Heirs Executors and Assigns; Provided alwaies the Pre∣misses notwithstanding, That if the said I. K. and A. his wife,

Page 174

their Heirs Executors and Administrators, do not in all points well and faithfully perform and fulfill the said condition, conclusion, and a∣greement in these presents last above specified, according to the tenor and true meaning therof; That then and at all times for ever after, a∣ny default made in performance or fulfilling therof, or of any part therof, on the part and behalf of the said I. K. and A. his wife, or of their Heirs Executors or Administrators, these Indentures and the Fine first above specified, and all other assurances above mentioned, shall be and enure to the only and proper use and behoof of the said A. R. and of his Heirs and Assigns for ever, and to none other use or uses, intent or purpose whatsoever, absolutely without any manner of condition or mortgage; Any thing whatsoever above in these pre∣sents specified or expressed, to the contrary in any wise notwith∣standing.

And the said A. R. covenanteth &c. with the said I. and A. his wife, and the Heirs Executors and Administrators of the said I. that at and upon every payment of the yearly Rent to be reserved in the said Lease to be made of the Premisses by the said A. R. to the said I. and A. as a∣foresaid, * 1.98 the said A. R. his Heirs and Assigns shall seal and deliver to the use of the said I. and A. and of their Executors, to such person or persons as shall make payment of the same Rent, a lawfull and suffi∣cient severall Acquittance therfore from time to time: And that when it shall fortune the said I. K. and A. or the Heirs Executors or As∣signs of the said I. K. to content and pay, or cause &c. to the said A. his Heirs Executors or Administrators, or to his or their lawfull De∣puty or Attorney, the said Sum of 300 l. of &c. at any of the daies a∣bove named in these presents, for the payment therof, in manner and form afore specified, and within the said term of 10. years, having then also duy performed the residue of the said condition, conclusion, and agreement aforesaid; That then upon the receipt therof the said A. his Heirs Executors or Administrators, shall and will as well seal and deliver to the said I. and A. or to the Heirs Executors or Admini∣strators of the said I. or to their use, to such person or persons, as shall pay the said 300 l. a lawfull and sufficient Acquittance and Dis∣charge for the same: As also then and therupon, or at any time after upon reasonable request, shall and will not only well and safely re∣deliver to the said I. and A. or to the Heirs Executors or Admini∣strators, of the said I. whole and uncancelled all such Deeds, Eviden∣ces, and Writings, concerning the Premisses, or any part therof, as the said A. his Heirs or Executors, shall before that time have had, or re∣ceived of or from the said I. K. Together wiih that part of these pre∣sents, sealed by the said I. K. But also shall upon like request, and at the costs and charges of the said I. K. his Heirs and Assigns, do and make all such act and acts, thing and things, for the extinguish∣ment

Page 175

and release of his and their Right, Estate, and Title, in and to all and singular the Premisses, with warranty against the said A. R. and his Heirs, as by the said I. or his Heirs shall be reasonably devised or advised, and required at any time, within the space of one year next after payment of the said Sum of 300 l. in form aforesaid: In witness &c.

A Bargain and Sale of Land both Free-hold and Copy-hold, with liberty that if the Vendee dislike the Purchase by a day, then the Vendor to repay the Vendee his money, and if he like, then to pay more money.

THis Indenture &c. between R. W. &c. Parson of the Parish Church of &c: on the one party, and W. B. and K. his wife, on the other party, witnesseth, That the said R. VV. for and in consideration of the Sum of 30 l. of &c. paid by the said VV. &c. wherof &c. and therof and therfore &c. hath given, granted, bargained, and sold, and by &c. to the said VV. and K. his wife, all that Messuage or Tenement, and 4. Shops, with the appurtenances, now or late in severall Tenures or Occupations of &c. scituate &c. in the Parish: And also the Re∣version and Reversions of all and singular the Premisses, and all the Estate, Right, Title, and Interest of the said R. VV. of in and to the same Premisses, and every part and parcell therof: And all and sin∣gular Deeds, Charters, Evidences, and Writings, touching or concern∣ing the Premisses only, or only any part therof. As many of wich said Deeds &c. as the said R. now hath, or any other person or persons, by his consent or delivery have, or which the said R: without Suit in Law, can or may lawfully get or come by, he the said R. for him, his Heirs and Executors, doth covenant and promise by these presents, well and safe and uncancelled to deliver, or cause &c. to the said VV. and K. his wife, their Executors or Assigns, at the now Mansion house of the said VV. B. Scituate &c. at or on this side the day of N. next coming; To have and to hold the said Messuage and four Shops afore∣said, * 1.99 and all other the Premisses, with their appurtenances, to the said VV. B. and K. his wife, and to the Heirs and Assigns of the said VV. B. for ever, to and for the only use and behoof of the said VV. and K. his wife, and of the Heirs and Assigns of the said VV. B. for ever. And the * 1.100 said R VV. for him his Heirs Executors and Administrators, covenan∣teth &c. to and with the said VV. B. and K. his wife, and the Heirs Executors and Administrators of the said VV. B. and every of them in manner &c. that &c. That he the said R. VV. now is the true sole law∣full and rightfull Owner and lawfully and rightfully sole seised of all

Page 176

and singular the above bargained Premisses, of a good perfect and pure Estate in Feesimple, in possession or in Reversion, immediatly expectant upon determination of Lease or Leases, for term or terms of years, wch shall expire within three years now next ensuing; And of such Estate * 1.101 hath good and lawfull power, right, title, and authority, to bargain, sell, and assure all and singular the Premisses to the said W. and K. and the Heirs and Assigns of the said W. in form aforesaid; And that all and singular the same Premisses now are, and from henceforth shall a∣bide and continue to the said W. and K. and the Heirs and Assigns of the said VV: clearly and freely discharged and acquitted, or otherwise at all times by the said R. VV his Heirs or Executors saved harmlesse, of and from all and singular former Bargains, Sales, Gifts Grants, Leases, Estates, Titles, Charges, end Incumbrances whatsoever, had, made, * 1.102 done, or procured, or in any wise consented or agreed unto, by the said R. or by any other for him, by his means or procurement; One Lease heretofore made of a parcell of the premisses, to one R. C. which shall not endure above two years now next ensuing, and one Annuity or yearly Rent of 5 l: yearly issuing and payable out of the Premisses to P. now the wife of one I. B. for and during the term of the life of the same P. and the chief Rents and Services hereafter to be paid and done to the chief Lords of the Fees of the Premisses, in respect of their Seig∣niories * 1.103 only except and foreprised.

And the said R. and W. covenanteth &c. That wheras the said R. VV. now hath and holdeth to him and his Heirs, one Garden Plot being Copy-hold, adjoyning to the Messuages and 4. Shops aforesaid; That he the said R. VV. at the next Court to be holden at the Mannor of little M: in the said County &c. wherof the said Garden Plot is hol∣den, will either purchase and obtain the same of the Lord of the said Mannor in Fee-simple, and so then of such Estate for the considerati∣on abovesaid, convey and assure the same to the said VV. and K. and * 1.104 the Heirs of the said W. Or else at the same Court shall surrender the same Garden Plot, according to the custom of the said Mannor, into the hands of the Lord by his Steward, for and to the use of the said VV: and K. his wife, and the Heirs of the said ƲƲ. B. without * 1.105 delay, fraud, or covin. The Fine for the surrender, and the charges of conveyance and assurance of the said Garden Plot, now being Copy-hold from the said R. to the said ƲƲ: and K: and the Heirs of the said W. to be at the charges of the same R. Neverthelesse the said W: B: the Premisses notwithstanding, and the said R: ƲƲ: have agreed together for themselves, their Heirs and Assigns. And the said R. covenanteth &c. to and with the said ƲƲ: B: his &c. That if the said ƲƲ: B: at any time within the space of two years next &c. shall dislike the Pur∣chase of the said Messuage and other the Premisses, and therof shall give notice to the said R. of such disliking by writing to be delivered to the

Page 177

same R. That then he the said R. his Heirs Executors or Administra∣tors, * 1.106 within three months next after such notice given of such disli∣king as aforesaid, shall well and truly pay, or cause to be paid unto the said W. B. and K. his wife, for the repurchase of the Premisses, and in consideration of a good and reasonable assurance therof to be made from them and their Heirs, to the said R. and his Heirs, the Sum of 30 l. of &c. at the said dwelling house &c. without any fraud, or covin. Provided alwaies, that if the said W. at any time within the said space of two years, next after the date of these presents, shall signify to the said R. W. that he the said W. then hath an absolute liking of the Pur∣chase aforesaid, or during the space of the same two years, shall not give any notice of disliking with the same Purchase unto the said R. W. Then the said W. B. for him his Heirs Executors and Administra∣tors, and every of them covenanteth and granteth to him and them by these presents, firmly bindeth to the said R. his Executors and Admi∣nistrators, well and truly to pay to the said R. his Executors and Ad∣ministrators, for the clear purchase of the Premisses, the Sum of 15 l. of lawfull &c. over and besides the said 30 l. already paid, within ten daies next after such signification given of such absolute liking as afore∣said: Or if no notice of such disliking of the said Purchase be given, during the two years aforesaid, then to pay the said 15 l. within ten daies next after the expiration of the same two years, without fraud or covin.

Provided moreover, that after signification given of absolute liking of the said Purchase as aforesaid▪ the liberty of disliking therewith gi∣ven as abovesaid, shall be utterly annihilated and clearly determined; Any thing abovesaid to the contrary notwithstanding.

And the said R. covenanteth with the said VV. B. &c. That if the said VV. shall be minded to retain the Purchase of the Premisses, that then at all times during other two years, next after the end of the said for∣mer two years given for liberty of liking and disliking, or next to en∣sue from the time wherin the said VV. shall signifie his absolute liking of the said Purchase, the said R. and his Heirs, and all and every other person and persons, having or which shall lawfully have, or claim to have any Estate, Right, Title, or Interest, in or to the Premisses or a∣ny part therof, by or from the said R. VV. (except only as is before excepted) at and upon every reasonable request to be made to the said R. or his Heirs, and at the costs and charges of the said VV. his Heirs Executors or Administrators, shall and will do, make, knowledge, and suffer, or cause &c. all and singular such act and acts, thing and things in the Law, for the further and better assurance, surety, and surema∣king of all and singular the Premisses to be had and made sure to the said W. B. and K. and to the Heirs and Assigns of the said W. for e∣ver,

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as by the said W. and K. and the Heirs and Assigns of the said W. or any of their Councel learned in the Laws of this Realm, shall be law∣fully and reasonably devised or advised, either without warranty or with warranty of the said R. and his Heirs, and such as shall make a∣ny of the said assurances, only against themselves and their Heirs.

And the said W: B. covenanteth & c. That the said W: and K. his wife, and the Heirs and Assigns of the said W: shall agree and suffer that the said R: and his Assigns, may have and receive the yearly Rent of the Premisses, untill the first day of April, which shall be &c. If in the mean time, the said W: shall not signifie to the said R: or his Heirs of the absolute liking with the Purchase aforesaid: In witness, &c.

A Bargain and Assignment of whatsoever benefit growing to one by means of an Administration, and the Vendee is to save harmless the Vendor of whatsoever he may be charged with as Administrator.

THis Indenture, &c. Between I: H: of &c. and K: his wife, Daugh∣ter to N. E. late deceased and Sister to N. E. also deceased, which I. and K. are, or one of them is Administrator or Administrators of the Goods aad Chattels which were of the said N. and M: on the one party, and W: B: and R: B: &c. on the other party, witnesseth, That the said I. and K: for and in consideration of a certain Sum of mo∣ney to them to be paid by Obligation, have given, granted. confirm∣ed, remised, released, bargained, sold, assigned, and set over, and by these presents, doth &c. unto the said W: and R: all their Estate, Right, Title, Interest, Term of years and Demands, Leases, Debts, Goods and Chattels whatsoever, which the said I: and K. his wife, or either of them, their Executors or Administrators have, or at any time hereafter may, might, or ought to have, or at any time hereto∣fore had since the death or deaths of the said N. or N. belonging to her the said K. and to the said J. or either of them, or that they or ei∣ther of them might or ought to have, either by the last Will and Testa∣ment of the said N. her Father, or by the death of the said N. her Brother, or by any Letter or Letters of Administration to her and the said I. or either of them committed, of the Goods of the said N. and N. or either of them: To have, hold, and enjoy all the Premisses, and * 1.107 all the said Interests, Terms, Estates, Title, Claim, and Demand of the said I: and K. to the same, to the said W: and R: their Executors, Administrators and Assigns, for their own uses for ever.

And the said I: H: for him his Executors &c. doth covenant &c. in

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form &c. viz. That all and singular the Premisses now are and from * 1.108 henceforth shall stand and abide clearly and freely discharged and sa∣ved harmless, of and from all and singular former Bargains, Sales, Leases, Grants, and Incumbrances whatsoever, had, made, done, or procured, by the said I. and K. his wife, or either of them: And that * 1.109 they the said I. and K. and either of them at all times during 3. years next ensuing &c: at and upon every reasonable request, or within con∣venient time after such request, at the costs and charges in the Law of the said W. &c. shall and will make, do, knowledge and suffer, or cause &c. All and every such further act and acts, thing and things in the Law, as by the said W: and R. or either of them, or the Admi∣nistrators or Assigns of either of them, or any their Councell learned in the Laws of this Realm, shall be lawfully and reasonably devised or advised, for the better assuring of all and singular the Premisses, to be had, conveyed, and made sure from the said J. and K. to the said W. R their Executors Administrators and Assigns, for their own use for ever.

And further, That the said I. and K: and either of them, and the * 1.110 Executors and Administrators, of either of them at the the request, and costs and charges aforesaid, shall and will justifie and approve all and singular lawful Suits whatsoever by the said W. and R. or either of them ro the Executors or Administrators, of either of them to be brought or prosecuted in the name or names of the said I. and K. or either of them, or of the Executors or Administrators of either of them for any cause or causes whatsoever as Administrator or Admini∣stratrix of the said N. or N. being not compelled to travel for the justifying of the same. And that the benefit and advantages, of, and in * 1.111 all and singular Recoveries in any such Suit or Suits to be had, taken, and enjoyed to the said W, and R. and their Executors and Admini∣strators, for their own use without any account therof to be given to the said I. and K. or either of them, or the Executors or Administra∣tors of either of them; and the said W. B. and R. B. do Covenant &c. to and with the said I. H. and K. his wife, and to and with either * 1.112 of them, to save them and either of them harmles, or otherwise upon request to recompence them for all such costs and damages as shal be taxed or judged, or recovered against them or either of them by oc∣casion of any such Suit or suits. And also the said W: and R, Cove∣nanteth &c. that they the said W. and R. their Heirs Executors and Administrators, from time to time, and at all times hereafter, and upon reasonable requests at their own costs and charges shall and will save and keep harmless the, said I. and K. and either of them and the Heirs Executors and Administrators of either of them, of and from all Acti∣ons, Suits and demands whatsoever which shall or may happen to be had or brought by any person or persons against the said I and K. or

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either of them upon just cause without Fraud or Covin as the Admini∣nistrators, or Administratrix of the said N. or N. or against the Exe∣cutors or Administrators, of the said I. and R. or either of them by reason of the said Administrations or of either of them, had or taken by the said I. and K. or either of them. In witnesse &c.

A Bargain and Sale of a Moiety of a Ship.

TO All, &c. to whom this present Writing indented shall come, M. S. of &c. sendeth greeting in our Lord God everlasting. Know ye that I the said M. S. for and in consideration of the sum of 150 l. of &c. wherof &c. have hargained, sold, given, granted, and confirmed, and by these presents do &c. unto R. M. his Execu∣tors Administrators and Assigns, all that my Moiety of, and in all that the good Ship called the E. of L. of the Burthen or Portage of two hundred and forty Tuns or thereabouts, now remaining and being upon the River of T. And all that my Moiety of, and in all and sin∣gular the Masts, Sailes, Saile-yards, Anchors, Cables, Ropes, Cords Guns, Gunpowder, Munition and Shot, and all other Instruments, Artillery, Longboat, Cockboat, Tack, Apparrel, Furniture, and other things whatsoever to the said Ship belonging, or in any wise appurtain∣ing, used, or serving, To have and to hold all the said Moiety of and in * 1.113 the said Ship, and the said Moiety of, and in all and singular the said Masts &c. and all other things whatsoever afore specified to the said R. his Executors Administrators and Assigns, to his and their own proper use and behoof for ever. And I the said M. S. for me &c. do * 1.114 Covenant &c. in form &c. That I the said M. at the time of the En∣sealing and Delivery of these presents, am the true, sole, and only law∣ful owner, Possessor and proprietary of the one moiety of the said Ship, and of all and singular other the premisses, and every parcel therof. And that I the said M. in mine own right, have full perfit, good and lawful power and authority, to give, grant, bargain, sell, and confirm * 1.115 the said Moiety of the said Ship, and the said Moiety of all and singular other the premisses to the said R. his Executors Administrators and Assigns, to his and their own proper use and behoof for ever, accord∣ing to the tenor and true meaning of these presents. And also that I * 1.116 the said M. mine Heirs Executors and Administrators, shall, and will from time to time, and at all times hereafter, clearly and lawfully dis∣charge, acquit, or otherwise sufficiently save harmless, as well the said Moiety of the said Ship, and of all and singular other the premisses, and every part therof. As also the said R. M. his Executors Admini∣strators and Assigns, and every of them, of and from all and singular

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former bargains, sales, molestations, gifts, grants, titles and incum∣brances whatsoever, had, made, done, or occasioned before the Ensea∣ling and Delivery hereof.

And further, that he the said R. M. his Executors Administrators and Assigns, shall, or lawfully may from time to time, and at all times hereafter, peaceably, and quietly, have, hold, dispose and enjoy the said Moiety of the said Ship and &c. without any Let, Reclaim, Molestati∣on, Trouble or Interruption of me the said M. mine Executors Admi∣nistrators and Assigns, or any of us, and without any lawful Let &c. of any other person or persons whatsoever. And that I the said M. mine Executors and Administrators, shall, and will Warrant and De∣fend * 1.117 the said Moiety of the said Ship, and of all and singular other the premisses, and every part therof against all people to the said R. M. his Executors and Assigns for ever to the use aforesaid, and in manner and forme aforesaid for ever. In witness, &c. to the one part, &c.

A Bargain and Sale of Land in London by the Mother, who hath a Free-hold therin for hor life, and the Sun in whom the Rever∣sion is after her deceaso.

THis Indenture &c. Between Dame Ʋ. L. of L. Widow, late the wife of G. B. the elder &c. deceased and R. B. one of the Sons of the said G. on the one party, and W. R. &c. on the other party witnesseth, That wheras the said Dame Ʋ. L. is, and standeth seased for the term of her natural life, of and in all that great messuage or tenement and Gar∣den with the appurt. &c. The mediate Reversion wherof after the * 1.118 death of the said Dame Ʋ. the said G. B. the elder by his last Will and Testament made in Writing, did wholly devise and bequeath unto G: B. his son, and to his Heirs for ever. And wheras the said G. B. the younger hath given, granted, bargained, aliened, sold, confirmed and released to the said R. B. and to his Heirs for ever, all that the said great Messuage wfth the appurtenances, and the Reversion and Reversions, Remainder and Remainders, present and future Estate, Right, Title, Use, Interest and Demand of the said G▪ B: the yonger, of, in and to the said great Messuage with the appurtenances, as by one Indenture bearing date &c. Enrolled in the High Court of Chancery made be∣tween the said G: B: the yonger on the one party and the said R: B: by the name of &c. of the other party, amongst divers other Covenants and Agreements in the said Indenture, more at large may and will ap∣pear. All which said great Messuage with the appurtenances sometimes were parcel of the Possessions of Sir M. D. Knight and Alderman of L. Now the said Dame Ʋ: L: and R. B: for and consideration of the sum of &c: to them before &c. wherof and wherwith they &c. and

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therof and therfore &c. have bargained, sold, granted, aliened and confirmed, and by these presents do clearly and absolutely bargaine, &c. to the said W. R: and to his Heirs for ever, all the said great Mes∣suage and Gardens with the appurtenances, and all Grounds, Yards, Lights, Shops, Cellars, Sollers, Warehouses, Buildings, Easements and Commodities whatsoever to the said great Messuage or Tenement be∣longing or apputaining, or as any part or parcel therof demised, oc∣cupied, used, reputed or taken; and all the estate, right, title and in∣terest, reversion, remainder, and demanded of the said Dame Ʋ. and R. and either of them, of, in and to the premisses or any part or parcel therof, except one peice of a Cellar, one Buttery, one peice of a Compting house, and three little Rooms over them, which are parcel of the possessions of the Parish Church of &c. and now are occupyed with the said great Messuage, by virtue of a Lease therof had from the said Parish Church, dated &c. A Covenant granting the Deeds and Evidences of the Premisses: To have and to hold the said great Messu∣age * 1.119 and Garden, with their appurtenances, and all and singular other the Premisses with their appurtenances, except before excepted, to the said W. R. his Heirs and Assigns for ever, to the only use and behoof of the said W. R. and of his Heirs and Assigns for ever.

And the said Dame Ʋ. for her self &c. covenanteth &c. That she * 1.120 the said Dame Ʋ. is lawfully sole seised of the said great Messuage and Garden, with the appurtenances, of a good and lawfull Estate of Free-hold for the term of her life. And that the said Messuage and Garden, with the appurtenances, are and from henceforth shall stand and continue, clearly discharged and acquitted, or upon reasonable request and notice therof given, sufficiently saved harmlesse by the said Dame Ʋ. her Executors or Administrators, of and from all and sin∣gular * 1.121 former Bargains, Sales, Leases, Grants, Estates, Titles, Charges, or Incumbrances whatsoever, had, made, caused, or agreed unto by the said Dame Ʋ: or any other for her by her means, consent, or procurement.

And also that for the better assurance of all and singular the Pre∣misses * 1.122 with their appurtenances, to be had and made sure to the said W. his Heirs and Assigns, for the only use of the said W. and of his Heirs and Assigns for ever: She the said Dame Ʋ: at the reasonable request and charges in the Law of the said W: his Heirs Executors or Assigns, shall joyn with the said R. B: and any others in a Fine to be levied in due form of Law to the said W. and his Heirs, of all and sin∣gular the Premisses, according to the usuall manner of Fines.

Provided alwaies, that the Warranty to be made in the said Fine by the said Dame Ʋ: be solely of her self, and only against her, or a∣gainst her and her Heirs; And that for the knowledging of the Con∣cord

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therof she shall not be compelled to travell any further then to the said great Messuage, without her own good will and consent to the contrary.

And the said R: B: for him &c: covenanteth &c. in form &c: That * 1.123 he the said R: now is lawfully and solely seised to the use of him and his Heirs, of the immediate Reversion or Remainder of the said great Mes∣suage and Garden, with the appurtenances, from and after the decease of the said Dame Ʋ.

And he the said R. B. and S. now his wife, and the said G. B. the younger and M. now his wife, at all times from time to time, during * 1.124 the space of two years next ensuing the date of these presents, at and upon the reasonable request, and costs and charges in the Law only of the said W. R. his Heirs Executors or Assigns, shall and will make, do, knowledge, and suffer, or cause &c. all and every such reasonable act and acts, thing and things in the Law, with warranty only against themselves, and their Heirs, or otherwise without warranty; As by the said W. his Heirs or Assigns, or his or their Councell learned in the Laws of this Realm, shall be lawfully devised or advised and required, for the better conveyance, assurance, and sure making of all and sin∣gular the Premisses with their appurtenances, to be had and made sure to the said W. R. his Heirs and Assigns for ever, for the only use &c. And also that all the said premisses and every part therof, with * 1.125 their appurtenances now are, and at the making of the said further assurance shall be, and from henceforth shall continue clearly and freely acquitted and discharged, or otherwise by the said R. B. his Heirs or Executors, upon reasonable request and notce therof given, saved harmlesse at all times, of and from all and singular former Bar∣gains &c. had made, done, caused, or agreed unto or to be had &c. by the said R. B. and G. B. the younger, or either of them, or by any other person or persons, by the commandment, consent, or procure∣ment of the said R. and G. the younger, or either of them.

And further the said R covenanteth &c. That he the said W. R. his Heirs and Assigns, shall or lawfully may from henceforth for ever, well and quietly have, hold, and enjoy, to the only use and behoof of the said W. his Heirs and Assigns for ever, as well the said great Messu∣age and Garden, with their appurtenances, and all other the Premisses with their appurtenances, except only before excepted, and from time to time, have, take, receive, and enjoy the Rents, Issues, and Profits therof, for the only use and behoof of the said W. R. his Heirs and Assigns, without any contradiction, impeachment, let, or impedi∣ment of the said R. and G. the younger; or of either of them, or of a∣ny other person or persons, by the commandment, consent, means, or procurement of either of them.

And also the said R. B. covenanteth &c. That the entire benefit of

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all such Bonds, as R. H. Knight, made to the said G. B. deceased, and as I. D: Merchant of the Staple at C. made to the said Sir R: H: for or touching the Premisses, or any part therof, and all advan∣tages recompences, and sums of money, to be gotten of or by the said Bonds or any of them, shall be and continue to the only profit, inte∣rest and behoof of the said W. R. his Executors and Assigns, without any let or contradiction of the said R B. and G. B. or either of them, or the Executors or Administrators of either of them. And also that the said R. G. and the Survivor of them, and the Executors and Ad∣ministrators * 1.126 of the same Survivor, shall alwaies hereafter justifie and avow, all and every such Suits, Processes, Pleas, and Recoveries, as the said W. R. his Executors or Assigns, at their own costs and char∣ges, shall bring or pursue upon the said Bonds, or any of them, in the name or names of the said R. and G. or either of them, or of the Executors or Administrators or either of them, against any person or persons chargable or to be charged for the same: And that the said R. * 1.127 and G. or either of them, or the Executors or Administrators of ei∣ther of them, shall not at any time hereafter willingly suffer to be done, any act or acts, without the speciall consent of the said W. R. his Executors or Administrators, which shall or may discharge, sus∣pend, or determine the Penalties or Forfeitures, of any of the said Bonds, or any Execution, to be had by reason of the same Bonds or any of them, or any Suit or Judgment to be had or given, in any Acti∣on to be brought as aforesaid, upon the said Bonds or any of them: In witness, &c.

A Bargain and Sale of Land, where the same is bound for the payment of part of the Purchase money left unpaid.

THis Indenture, &c. between R. I. of &c. on the one party, and C. B. of &c. on the other party, witnesseth, That for and in con∣sideration of the Sum of 50 l. of &c. wherof &c. he the said R. I. hath granted, bargained, and sold, and by these presents doth fully and clearly grant, bargain, and sell unto the said C. B. his Heirs and As∣signs for ever, all that Messuage or Tenement &c. except &c. And the Reversion and Reversions of all and singular the premisses, ex∣cept before excepted.

And further the said R. doth by these presents bargain and sell to the said C. B. his Heirs and Assigns for ever, all and singular Deeds, Evidences, Charters, Escripts, and Writings whatsoever, touching or concerning the Premisses, or any of them; As in any of which said Deeds &c. as be in the hands, custody, or possession of the said R. or

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of any other person or persons by his bailment or delivery, or which he lawfully may come by without Suit in the Law. The said R. for him, his Heirs and Assigns by these presents, covenanteth to and with the said C. B: &c. to deliver, or cause &c. safe and uncancelled to the said C. B. at or before the 20. of August, next ensuing the date * 1.128 hereof, at the now dwelling house of the said R. I. in B. &c. To have and to hold the foresaid Messuage &c. and all and every other the premisses, with their appurtenances, and the Reversion and Rever∣sions therof (except before excepted) to the said C. B. his Heirs and Assigns, to the only use and behoof of the said C. and of his Heirs and Assigns for ever, upon condition that he the said C. his Heirs Execu∣tors * 1.129 Administrators or Assigns, shall pay or cause &c. unto the said R. his certain Attorney, Executors Administrators or Assigns, the Sum of 120 l. of &c. in manner and form &c. viz. 60 l. therof, on the &c. next &c. at the said now dwelling house &c. and other 60 l residue and in full payment of the said 120 l. on the &c. which shall be &c. at the said now dwelling &c.

And the said R. I. covenanteth &c. in form &c. That the said R. * 1.130 at the time of the ensealing &c. for any act done by him the said R. is of all and singular the Premisses, sole seised in Fee-simple, of a good perfect, lawfull, and absolute Estate in the Law, to the only use of him the said R. and of his Heirs and Assigns for ever, without any conditi∣on, Mortgage, or Defeazance. And that the reversion or remainder of the Premisses, or any part therof, is not in our said Soveraign Lady the Queens Majesty. And also that the said R. I. his Heirs Executors and Administrators, shall from time to time and at all times hereafter, ac∣quit, * 1.131 discharge, and exonerate, or upon every reasonable request, suf∣ficiently keep harmlesse the said C. B. his Heirs and Assigns, and eve∣ry of them, as all and singular the Premisses with their appurtenances, before by these presents mentioned, to be granted, bargained, or sold, and every parcell therof, of and from all and singular former Gifts, Grants, Bargains, Sales, Joyntures, Dowers, Title of Dower, Wills, Intails, Leases, Bonds, Statutes, Recognizances, Judgments, Executions, Fines, Issues, Amerciaments, Annuities, Rents: And of and from all other Titles, Grants, Estates, Troubles, Charges, and In∣cumbrances whatsoever, had, made, done, knowledged, or willingly suffered, by the said R. or by J. J. his Father, or R. I. his Uncle de∣ceased, or by the Grand-father of the said R. I. or by any other of the Ancestors of the said R. I. or by any other person or persons, claiming or making Title, by, from, or under the said R. or his said Father, Uncle, or Grand father, or any Ancestor or Ancestors of the said R. J. the chief Rents and Services from henceforth to become due, for the Premisses, to the chief Lord or Lords of the Fee or Fees of the same, and one Lease heretofore granted of &c. which shall expire

Page 186

and clearly determine within &c. now next coming, wherupon there is reserved the yearly Rent of &c. and one other Lease &c. which said severall yearly Rents from henceforth, during the continuance of the said severall Leases, shall be due and payable to the said C. his Heirs and Assigns, only except and foreprised.

And further the said R. covenanteth, That be the said C. his Heirs * 1.132 and Assigns, and every of them shall or may from henceforth for e∣ver, to his and their own proper use and behoof, lawfully, peaceably, and quietly, have, hold, occupy, possesse, inherit, and enjoy, all and singular the premisses, and every part and parcell therof, discharged or sved harmlesse, as is aforesaid: And also may have, perceive, re∣ceive, levy, take, and enjoy, all and every the Rents, Issues, and Pro∣fits therof coming and growing; According to the purport and true meaning of these presents, without the let, trouble, eviction, action, suit, entry, or interruption of the said R. his Heirs or Assigns, and without any lawfull let &c. of any other person or persons, by means of any act of acts, thing or things whatsoever, had, made, done, or willingly suffered by the said R. I. or his said Father, Uncle or Grand∣father, or by any of them, or by any other Ancestor or Ancestors of the said R. I. other then such persons as any thing claim, by reason of the said Leases before excepted, or any of them, and for and con∣cerning only the Title and Interest of the said severall Leases, and the Condition aforesaid. And also that he the said R. J. and all and every * 1.133 other person and persons, lawfully claiming, having, or pretending to have, or that hereafter shall or may lawfully pretend, claim, or ought to have any Estate, Right, Title, Reversion, Remainder, or other thing whatsoever, in or to the Premisses, or any part or parcell ther∣of, by, from, or under the said R. J. or his said Father, Uncle or Grand∣father, or other Ancestor or Ancestors aforesaid, or any of them, ex∣cept only such person or persons as shall claim for or by reason of the Leases before excepted, or any of them, and for and concerning the Title and Interest of their said severall Leases, shall and will within reasonable time, when and as often as he, they, or any of them, shall be therunto reasonably required by the said C. his Heirs or Assigns, within the space of five years, next ensuing the date hereof, at the costs and charges in the Law of the said C. his Heirs and Assigns, do make, knowledge, levy and execute, and suffer to be done &c. all and singular such Fines, Feoffments, Recoveries, Estates, Assurances, Acts and Things whatsoever, of, for, and concerning the premisses, and every or any parcell therof, or the assurances and conveyances therof, & of every or any parcel of the same: As by the said C. his Heirs or Assigns, or his or their Councell &c. shall be lawfully and reaso∣nably devised, advised, or required, according to the true meaning and intent of these presents. And that all the said Fines, Feoffments, Re∣coveries,

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and other Conveyances and Assurances aforesaid, and eve∣ry of them shall be, and all and singular person and persons whatsoe∣ver, which now or at any time hereafter, shall or may have or claim any Estate, Title, or Interest, of, in, or out of the Premisses, or any part therof, by, from, or under, or by force or means of the said Fines, Feoffments, Recoveries, and other Conveyances and Assurances a∣foresaid, or any of them, shall at all times, from and after every Exe∣cution or Executions of the said Fines, Feoffments, Recoveries, or o∣ther conveyances or assurances aforesaid, or any of them, stand and be seised of all and singular the said Premisses, before by these presents granted, to the only use and behoof of the said C. and of his Heirs and Assigns for ever, upon the condition before by these presents limited.

Provided alwaies that if default be made of or in the payment of the * 1.134 said Sum of 120 l. or any part therof, contrary to the form aforesaid; That then the Grant Bargain and Sale by these preseuts made of the Premisses, and all the Covenants Grants and Articles by these presents made of the part of the said R. shall be void and of none effect.

And the said C: for him, his Heirs and Assigns, and every of them, and every other person seised to his, their, or any of their uses, doth by these presents covenant and grant, to and with the said R. I. his Heirs and Assigns, that then and from thenceforth after such default made, of or in payment of the said Sum of 120 l. or any part therof as aforesaid, and singular the Fines, Feoffments, Recoveries, and other conveyances and assurances afore mentioned, for any act to be done by the said C. his Heirs or Assigns, or any other person or per∣sons, by his or their means, shall bt to the only use of the said R. his Heirs and Assigns for ever. And that then, and from and after such default made, it shall be lawfull, to and for the said R. his Heirs and Assigns, without any lawfull let or interruption of the said C. his Heirs and Assigns, or of any other person or persons, by his or their means, into all and singular the Premisses wholly to re-enter, and the same to re-possesse and have again, as in his former Estate, clearly dischar∣ged or saved harmlesse, of all Charges, Dowers, and Incumbrances whatsoever, made or done by the said C. his Heirs or Assigns, or any other person or persons, claiming by or from the said C. his Heirs or Assigns, or any other seised to his or their uses; These presents, or a∣ny thing in them contained, or any thing whatsoever, to the contra∣ry therof &c.

And the said C. B. covenanteth &c. That he the said C. his Heirs * 1.135 or Assigns, after default made, of or in payment of the said Sum of 120 l. or any part therof, contrary to the form aforesaid, and upon reasonable request within two months after such request, shall re-de∣liver or cause &c. to the said R. his heirs or Assigns, all such Deeds Evidences and Writings, as the said R: his heirs or Assigns, before

Page 188

such default making: shall have delivered to the said C. his Heirs or Assigns, touching the Premisses or any part therof, and that in as good case as the same were received by the said C. his Heirs or As∣signs, of the said R. his Heirs or Assigns.

And the said R. I. covenanteth &c. That he the said R. his Heirs Executors Aministrators or Assigns, or his or their certain Attorney, from time to time, when and so soon as the said C. his certain Attor∣ney Executor or Administrator, shall according to the tenor of these * 1.136 presents, have made any payment of any Moyety of the said Sum of 120 l. shall and will make and deliver, or cause &c. to the said C. or lately his certain Attorney Executors Administrators or Assigns, as shall make every or any such payment, a good and sufficient acquit∣tance and discharge in the Law, under the hand and seal of the said R. his Heirs Executors Administrators or Assigns, of and for such Moyety of the said Sum of 120 l. as shall be so paid as aforesaid: In witness, &c. A Feoffmemt upon Condition aforesaid.

A Bargain and Sale of an Annuity granted by a Fine.

THis Indenture &c. between W: G. &c. and E: his wife on the one party, and S. P. eldest Son of R. P. Citizen &c. on the other par∣ty, witnesseth, That wheras W. H. of C. and M: his wife, by one * 1.137 Fine Sur Grant, and render levied before the Kings Majesties Justices of his Common Bench at W. in the Term of Saint Michael, in the 14. year &c. did grant to the said W. G. a certain yearly Rent of 9 l. 13 s. 4 d. going out of two Messuages and two Shops, with their appur∣tenances in W. &c. and the same to the said W. G▪ did render in the said Court; To have and perceive the said annuall Rent of &c. to * 1.138 the said W. G. aad his Heirs, at the Feasts of &c. by even portions year∣ly to be paid: And if it happen the said yearly Rent of &c. or any * 1.139 part therof to be behind in part or in the whole, after any Feast of the Feasts aforesaid, in which it ought to be paid and not paid by the space of forty daies, being asked, that then the said W. M. and the Heirs of the same W. shall forfeit to the said W. G. and his Heirs 14 s. 4 d. in the name of a pain, as often as the same yearly Rent of &c. or any part therof shall be so behind: And that then and so often it * 1.140 shall be lawfull to the said W. G. and his Heirs, into the said Messuages and Shops, with their appurtenances, to enter and distrain, and the Distresses so there taken and had, lawfully to lead carry and drive a∣way, and with him to detain, untill he shall be fully satisfied and paid, as well of the said yearly Rent of &c. with the Arreages therof, if any shall be, as also of the said 14 s. 4 d. in the name of a pain as aforesaid; As by the said Fine amongst other things therin contained, more plain∣ly will appear.

Page 189

Now the said W: G: for and in consideration of the sum of &c. * 1.141 wherof &c. hath bargained and sold, and by these presents doth bar∣gain and sell unto the said S: P. and his Heirs for ever, the said yearly Rent of &c. as being out of the said two Messuages and two Shops a∣foresaid, and all the estate, right, title and interest of the said W: G: and his Heirs, of, in, and to the same yearly Rent, To have, hold, per∣ceive, * 1.142 receive, and enjoy the said yearly Rent of &c. at the said se∣veral Feasts abovesaid, and as the same shall grow due and payable un∣to the said S: P: his Heirs and Assigns for ever, to the only use of the said S. and of his Heirs and Assigns for ever. And the said W: G: Co∣venanteth * 1.143 &c. in form &c. That the said yearly rent now is, and for ever hereafter shall be, stand and continue to the said S. P. and his Heirs clearly and freely discharged and acquitted, or otherwise from time to time, and at all times upon reasonable request, shall be well and sufficiently saved harmless by the said W: G. his Heirs Executors and Administrators, of, and from all and singular former bargains, sales, gifts, grant, titles, troubles and incumbrances whatsoever, had, made, done, or procured by the said W. G: or by his knowledge, consent or * 1.144 procurement. And further, that he the said W. G. and the said E his wife, and the heirs of the same W: & all & every other person or persons, ha∣ving or wch shal have or lawfully claim, or pretend to have any former estate, right, title, or interest of, in, or to the said yearly rent of &c. by from, or under the estate of the said W: G: from time to time upon reasonable requests within two years next comming, at the costs and charges in the Law only of the said S. his Heirs or Assigns, shall, and will, do, make, knowledge, suffer, execute and cause &c. all and every such further lawful and reasonable act and acts, thing and things, for the further and more better assurance, and sure making of the said yearly rent of &c. to be had and made sure to the said S. his Heirs and Assigns, to his and their own use and uses for ever, as by the said S. his Heirs or Assigns, or his or their learned Councel in the Laws of this Realm shall be lawfully and reasonably devised or advised and re∣quired. In witness, &c.

A Bargain and Sale by a man and his wife, she being a Co-heir of a third part of certain Land in Possession, and of a Moiety of ano∣ther third part of the same Land in Reversion after the death of the late husband of one of the Co-heirs Tenant by Courtesie.

THis Indenture, &c. between E. M. and M. his wife, one of the Daughters and Heirs of Sir A. P. Knight deceased on the one party and G: M. &c. on the other party. That wheras the said Sir A. P. Knight * 1.145

Page 190

was in his life time lawfully seised in his Demesne as of Fee, of, and in one capital Messuage or Tenement, with the appurtenances; and all Shops, Cellers &c. to the said capital Messuage belonging &c. And the said Sir A so being of the said capital Messuage and Premisses, with the appurtenances seised, died therof seised; by, and after whose death the said capital Messuage or Tenement with the appurtenances descended and came to E. M: and A. as the Daughters and Heirs of the said Sir A. P. which M. the said E: M: hath married, and taken to wife; and wheras also the said E. whom one A. R. took to wife is now deceased, having no issue of het body now living. Now this Indenture witnes∣seth, that the said E: M: and M: his wife, for, and in consideration of the sum of 120 l. of &c. wherof &c. have bargained and sold, and by * 1.146 these presents do bargain and sell unto the said G: M: his Heirs and Assigns, as well all that the third part of the said capitall Messuage or Tenement with the appurtenances, and the third part of all the said Shops &c. as the Moyety of all that the Reversion of the third part of the said Messuage and Premisses which the said A: R: holdeth for the term of his life as Tenant by the Courtesie of England, and all the right, title &c. together with all the Deeds, Evidences &c. to have and to hold the third part, and the said Moiety of the said Reversion, of the third part of the said Messuage &c. and of all the said Shops, &c. * 1.147 and all their estates, titles and interests, in, and to the premisses to the G: M: his Heirs and Assigns for ever, to the only use &c. and the said * 1.148 E: M. Covenanteth &c. that they the said E: and M: his wife, and the Heirs and Assigns of the said M. shall, during the space of five years, at the reasonable request of the said G: his Heirs or Assigns, at his and their own proper costs and charges during the said term of five years make to the said G: and his Heirs, all such further assurance &c. be it by Deed inrolled &c. or otherwise,, as by the said G: or his Councel shall be devised &c. and that the said third part and Moiety of the Reversion of the other third part of the said Messuage &c. is free of incumbrances done by the Vendors, or by any, or by any by their means, the Rents and Services except &c. In witness &c.

A Sale or Transport of goods arrested and staied in Flanders by hy the King of Spains Authority, and of all recumpence which may be had for the same.

THis Indenture, &c, between I: S: &c. on the one party, and R. P. and R: B: &c. on the other party witnesseth, That wheras the said I: S: lately before Christmas, in the year &c. did ship in the Port of London to be discharged at Antwerp in Brabant, divers woollen

Page 191

Clothes in a Ship wherof was Master one W. H. to the value of &c. And wheras also about the same time the said I. S, had shipped at Ant∣werp aforesaid to be discharged at London, in a ship wherof was Master &c. dvers Forraign goods, merchandises and commodities, amount∣ing to the value of &c. of Flanders money, all which said clothes, goods, merchandises, and commodities by reason of the late restraint of entercourses made between the King of Spains Subjects, and the Sub∣jects of the Kings Majesty were staied and arrested by the Kings Autho∣rity in Flanders, and there detained, as more plainly appeareth, Re¦corded and Entred before the Kings Majesties Commissioners here in England in that behalf appointed.

Now the said I: S: for, and in consideration of a certain sum of money by him had, and already received of the said R. and R. hath granted, bargained, sold, and assigned, and by these presents doth grant &c. to the said R: and R. all and singular the said clothes, mer∣chandises, goods, and commodities aforesaid for their own use, to them, their Executors and Assigns, to he had, taken and enjoyed, as they or any of them may be gotten or come by for ever, together with all and every such allowance, recompence and satisfaction whatsoever, which is or shall be limitted, allowed, or assigned to the said I: S: his Executors or Assigns for the Premisses, or any part therof, or which may or shall be had or taken by the said I. his Executors and Assigns, by way of any such allowance, recompence, or satisfaction any manner of way. And the said I. S. for him &c. doth Covenant &c. in form &c. that the said R, and R. their Executors and Assigns, or any of them, for, and in the name or names of the said I. S. his Executors and Admi∣nistrators, or otherwise as it shal be requisite, shall, or may ask, demand, take, and receive all, and all manner of satisfact on, recompence and allowance whatsoever to be had, made, or given to the said I: S: his Executors or Assigns for the premisses or any part therof without the let, hinderance, gainsaying or interruption, of the said I: his Execu∣tors or Administrators; and that the said R: and R. their Executors and Administrators, or any of them, for and in the name or names a∣foresaid, may lawfully compound and agree for the Premisses, and e∣very or any part therof; And therupon make, seal, and deliver such Release and Releases, or any other discharge in the name or names a∣foresaid, as to them the said R. or R. their Executors or Assigns, or any of them shall seem requisite. And that to the getting, obtaining, and enjoying of all or any of the Premisses., according to the true intent and meaning of these presents: It shall and may be lawfull to the said R. and R. their Executors or Assigns, or any of them, from time to time, and at all times, to do, knowledge, execute, and finish, all and every thing and things, for and in the name or names of &c. as therunto shall be needfull in any wise.

Page 192

And further that the said J. S. heretofore hath not had or received the Premisses, or any part therof, or any satisfaction or recompence for the same, or any part therof, or hereafter without the consent of the said R. &c. shall not receive or take the Premisses, or any part therof, or any satisfaction for the same, or any part therof, neither shall do or knowledge any thing which shall let or hinder the said R. and R. their Executors or Assigns, to have, take, and enjoy for their own use, the Premisses and every part therof, according to the true meaning of these presents: In witness, &c.

A Bargain and Sale of a Reversion or Remainder in Land well passed.

THis Indenture, &c Between W. P. the elder, of L. Gentleman, Son of M. P. late of L. aforesaid, Gentleman, deceased, and of A. his wife, Daughter of K. D. late of Saint B. of L. Widow, deceased, on the one party, and M. L. of L. Widow, on the other party, witnes∣seth, That the said W. P. for and in consideration of 120 l. of &c. Hath * 1.149 given granted bargained and sold, and by these presents doth fully clearly and absolutely, give grant bargain and sell unto the said M. L. her Heirs and Assigns for ever, all that Messuage or Tenement &c. and all and singular Cellars Sollers Rooms Back-sides Yards void Grounds Lights Easements Commodities and Appurtenances whatsoever, to the said Messuage or Tenement belonging, or in any wise appurtaining: And the Reversion and Reuersions, Remainder and Remainders of all and singular the Premisses, and of every part therof. And all the Estate Right Title Interest Claim and Demand of him the said W. P. of, in, and to the said Messuage or Tenement, and other the Premisses with their appurtenances. And also all and singular Deeds Evidences Charters * 1.150 Wills Writings Escripts and Mynuments whatsoever, touching or con∣cerning the Premisses, or any part ot parcell therof: To have and to * 1.151 hold the said Messuage or Tenement, and all and singular other the Premisses before herein bargained and sold, or mentioned to be bar∣gained and sold, from, in, and after &c. unto the said M. L. her Heirs and Assigns, to and for the only and proper use and behoof of the said M. L. and of her Heirs and Assigns for ever. And the said W. P. * 1.152 for him his Heirs Executors and Administrators, and every of them, doth covenant promise and Grant, to and with the said M. L. her Heirs Executors and Assigns, and every of them by these presents, in manner &c. that is to say, That he the said W. P. at the time of the ensealing and delivery of these presents, is and standeth rightfully and absolutely seised of the immediate Remainder or Reversion of the said

Page 193

Messuage or tenement and other the Premisses with the Appurtenan∣ces, depending in an Estate for term of the naturall life of the said A. P. of and in the same as of fee and right, to the onely use and behoof of the said W. P. and of his Heires and Assigns for ever without any condition or limitation of use or uses whatsoever, And that he the said W. P. now hath full power good right and lawful authority in and by * 1.153 the law to bargaine sell and assure the said Reversion or Remainder of the said Messuage or tenement and of all and singular other the Pre∣misses, above by these Presents, mentioned, to be hereby bargained and sold, with all and singular the Appurtenances unto the said M. L: her Heirs and Assigns, to the only use and behoof of the said M: and of her Heirs and Assigns for ever, in manner and form aforesaid.

Here followeth a Covenant for discharge of Incumbrances. And an∣other * 1.154 for making further Assurance. And also that the said A. P. shall within the space of six months next after reasonable request to be made by the said M. L. her Heirs Executors or Assigns in due form of Law attorn tennant to the said M. L. her Heirs or Assigns in the said Messuage or Tenement or other the Premisses, for and in respect of * 1.155 the said A. her said Estate of and in the same. And further that she the said M. L. her Heirs and Assigns to her and their own proper use and behoof from time to time and at all times from and after the decease of the said A. P. shall or may lawfully peacably and quietly have hold oc∣cupy, and enjoy the said Messuages, or Tenements and all and singu∣lar other the Premisses with the Appurtenances. And the Rents Issues Revenues and profits therof continuing or growing to her and their own proper use and behoof shall or may receive perceive and enjoy without any let, resistance, disturbance, eviction, molestation, or inter∣ruption of the said W. P. his Heirs or Assigns, or any of them, and without any lawfull let, resistance, disturbance, eviction, molestation, recovery, or interruption of any other person or persons whatsoe∣ver, other then the said chief Lord or Lords, of Fee or Fees of the pre∣misses, for and in respect only of their Services: In Witness &c.

A Bargain and Sale by Executors of a House which is devised to be sold to the most advantage.

THis Indenture &c. between A. G. &c. I. B. eldest Son of T. B. late &c. deceased, and P. B. second Son of the said T. Executors of the last Will and Testament of the same T: on the one party, and N. B. &c. on the other party, witnesseth, That wheras the said T. B. in his life time, was seised in his Demesne as of Fee, of and in all the great Mes∣suage and Tenement &c. with all and singular Shops &c. to the same

Page 194

Messuage, and other the Premisses, or any part therof, by any means belonging or appurtaining, or used with the same &c. And the said T. B. being so seised of the said Messuage and other the Premisses, did make his last Will and Testament in writing, dated &c. and therby did will and devise the said Messuage and Tenement, with the appurtenan∣ces, in form as followeth, that is to say, Item, I will that my Mansion house with the appurtenances, be sold to the most advantage, and the money therof to be divided equally amongst my Children, part and part like. Provided alwaies, that if M. my Daughter be then married or towards marriage, that she have my House before any other, gi∣ving as much therfore as any other, so and in such sort as the rest of my Children be not hindred therby: And then of the same his last Will and Testament, did order and make his Executors the said A. J. and P. as by the same last Will and Testament may plainly appear.

And after died seised of the Premisses, of such Estate as aforesaid. And for as much as M. the said Daughter of the said T. is now mar∣ried unto one H. G. and profer hath been made to her and her Husband to have the said House afore any other, giving as much therfore as a∣ny other; And therupon the said M. and her Husband have clearly refused so to have the same house. The said A. J. and P. for and in * 1.156 consideration of the Sum of 466 l. 13 s. 4 d. of &c. to them before hand paid by the said N. B. (which is the most advantage that the said Mansion house might in any wise be sold for.) Of which said Sum of &c. have bargained and sold and granted, and by these presents do grant bargain and sell to the said N. and his Heirs for ever, all the said Messuage or Tenement, scituate &c. with all and singular Shops &c to the same belonging or appurtaining, or in any wise used with the same or accepted as part therof, in the time of the said T. B. or at any time since, scituate, lying, and being between such Bounds and Limits as is abovesaid. And also the Reversion and Reversions of all and singular the above bargained Premisses, And all and singular Deeds &c. which the same A. I. and P. have touching the same, or * 1.157 which they &c. To have and to hold the said Messuage and Tene∣ment, and all other the above bargained Premisses, with the appurte∣nances, and the Reuersion and Reuersions therof to the said N. his Heirs and Assigns for ever, to the only use of the said N. &c.

And the said A. G. for him &c. covenanteth with the Vendee &c. the Premisses to stand for ever, to the said N. B. discharged of all In∣cumbrances by the said A. or his procurement. The chief Rents and Services &c. only except and foreprised. And further &c. A Cove∣nant by the said A. for further assurance: In witness &c.

Page 195

A Sale of Wooll.

THis Indenture &c. Between Sir R. K. on the one party, and R. W. on the other party, witnesseth, That the said Sir R K. hath bar∣gained and sold, and by these presents doth &c, unto the said R. W. all the Wools of the proper growth of the Sheep of the said Sir R. K. this present year, being by estimation the Wooll of 5400. Sheep, or therabouts, at the price of 22 s. of &c. the Todd, all the same Wools to be waighed by the half Sack, which is 6. Todds & a half at a draught, and at every second draught to allow unto the said R. W. his Execu∣tors or Assigns, one Fleece of Wooll for over-waight, according as the use and custom hath heretofore been at F. aforesaid, And all the said Bargain of Woolls to be well washed, and to be wrought by a sworn man, as the Woolls of the said Sir R. K: hath heretofore accu∣stomarily been: In consideration of which said Bargain of Woolls, the said R. W. hath paid and delivered to the said Sir R. the Summ of 500 l. of &c. wherof the said Sir R, acknowledgeth the Receipt accor∣dingly by these presents.

And the said Sir R. for him, his Executors Administrators and As∣signs, doth covenant and grant, to and with the said R. W. his Execu∣tors and Assigns, by these presents, That he the said Sir R: his Execu∣tors Administrators or Assigns, at his or their own proper costs and charges, shall and will well and truly deliver, or cause &c. to the said R. W. his Executors or Assigns, all the said bargain of Wolls of the said kind growth and goodnesse aforesaid, at or before the last day of Sep∣tember next coming, after the date hereof, at the Mannor place of the said Sir R. scituate in F. aforesaid. And the said R. W. for him &c. co∣venanteth &c. That he the said R. W. his Executors Administrators or Assigns, at and upon the full delivery of the said bargain of Wools at F. aforesaid, shall well and truly content and pay, or cause &c. to the said Sir R. his &c. the rest and residue of such Sums of money, as the said bargain of Woolls at the price above specified shall amount unto, over and above the said 500 l. paid and disbursed by the said R: to the said Sir R. before hand, upon the bargain of Wools as aforesaid.

And the said Sir R. covenanteth &c: That if the said bargain of Woolls, at and upon the delivery therof as aforesaid, shall not amount to the full Sum of 500 l. after the rate and price of 22 s. the Todd, that then he the said Sir R. his Executors or Assigns, at or upon the delivery of the same Wools, shall well and truly content and pay, or cause &c. to the said R. his Executors and Assigns, all such money, as the same Woolls shall want of the same 500 l. at the rate and price a∣foresaid, without fraud or covin: In witnesse &c.

Page 196

A Bargain and Sale by two Co-heirs in Land, of a Rever∣sion.

THis Indenture made &c. Between I. K. &c. and K. his wife, and E. C: &c. Heirs of I. S. deceased on the one party, and T. B. &c. on the other party, witnesseth, That wheras A. S. of B. in the Coun∣ty * 1.158 of H. Widow, late the wife of W. S. deceased, now is lawfully seised of an Estate of Free-hold, for term of her life, of and in one Messuage set and builded in B. aforesaid, and of and in divers Lands, Meadows, and Pasture, lying and being in the Parishes of &c. containing by e∣stimation 20. acres, be they more or lesse; The Reversion of two six parts of all and singular the premisses, do severally belong and appur∣tain to the said J. K. and K. his wife, and C. and M. his wife, as to two of the Sisters and Heirs of the said I. S.

And wheras also the said J: K: did late purchase to him and his Heirs of W: H: of &c. and of R. his wife, and of T: E. of H: &c. and A. his wife, two other of the Sisters and Co-heirs of the said J: S: their two six parts of all & singular the premises, that is to say, one third part of all the same premises as by one Indenture betwixt them therof made and bearing date the 13th day of May now last past more plainly will appear. The said I: K: and K: his wife for the sum of 60 l. of &c. to them paid before the ensealing of these presents by the said T. B. have given, granted, bargained and sold, and by these presents do &c. unto the said T: B: and to his Heirs and Assigns for ever, as well all the sixt part of the said J. K. and K. his wife which they have in the right of the same K: of, and in the said Messuage, and all other the premisses, as also all those two sixt parts, or one third Part of all and singular the same Messuage and Premisses, so by the said J: K: purchased of the said W. H. and R. his wife, and T: E: and A: his wife as aforesaid, and all the estate, right, reversion, title, interest, part, parts, and purparts whatsoever, which they the said J: K: and K. his wife have, or either of them hath or ought to have, of, in or to the said Messuage and Pre∣misses, or to every, or any part or parts therof whatsoever; and also the said E. C: and M: his wife, for the sum of 24 l. of &c. have, alien∣ed, granted, bargained and sold, and by these presents &c. to the said T: B: and to his Heirs or Assigns for ever, all the sixt part of the said E: and M: which they have in the right of the same M: of and in the said Messuage, and all other the premisses, and all their estate, right, title, reversion, interest, part, parts, and purparts whatsoever which they the said E. and M: his wife have, or either of them hath or ought to have, of, in, or to the said Messuage and Premisses, or in, or to eve∣ry, or any part or parcel therof whatsoever, and the said J: K: and K.

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his wife, and the said E: C: and M: his wife, for the consideration a∣foresaid do by these presents bargain and sell to the said T. B. all the Deeds, Charters, Evidences and Writings touching the premisses, and every of them severally do promise & grant to deliver unto the said T: upon reasonable request at any time so many of the said Evidences, as they, or any of them have, or without Suit may come by without any manner of fraud or covin, to have and to hold all the said parts of the * 1.159 said Messuage and Premisses, with all and singular their appurtenances and all other the premisses by these presents above bargained and sold to the said T. B: and to his Heirs and Assigns for ever, to the only use &c. and the said I. K. and T. C. for themselves, and for their wives, * 1.160 their Heirs Executors and Administrators, and every of them, do se∣verally and apart, every of them only for the part of himself, and of the Heirs Executors and Administrators, Covenant and Grant to and with the said T. B. his Heirs Executors Administrators and Assigns by these presents in manner and form &c. that they the said J. K. and K his wife for their part, and also that the said E. C. and M. his wife for their part, at the cost and charges in the Law of the said T. B. or of his Executors or Administrators in this present Hillary Term holden at Westminster by Fine to be orderly levied and recorded before the Ju∣stices of the Court of Common-Pleas &c. shall grant to the said T. and his Heirs all the said four sixt parts of the said Messuage, Lands, and Tenements, and all other the premisses by these presents above bargained and sold by the name of four Parts, into six parts divided of one Messuage, one Barn, one Garden, one Orchard, 22. acres of Land, 2. acres of Medow, 15. acres of Pasture, with their appurtenauces in B. L. A. W. A. and T. in the said County of H. into six parts divi∣ded as aforesaid, and the same shall severally warrant against them and the Heirs of the said K. and M. for ever, and that the said Messuage and Premisses, and every of them at the time of the levying and Engros∣sing * 1.161 of the said Fine shall be and stand clearly acquitted and discharged, or otherwise or at all times sufficiently saved harmless by the said I. K. his Heirs or Executors for the part of the said I. and K. his wife; and by the said E. his Heirs or Executors for the part of the said E. and M. his wife of and from all and singular former Bargains, Sales, Grants, Titles, Estates and Incumbrances whatsoever, had, made, granted, or willingly suffered by the said I. K. and K. his wife on their part, and by the said E. C. and M. his wife on their part, and also that the said J. K. and K. his wife on their behalf and their Heirs, and the E. C. * 1.162 and M. his wife on their behalf, and the Heirs of the said M. shall and will at all time and times during four years next &c. at, and upon the reasonable request, costs and charges in the Law of the said T. B: his Heirs or Assigns, do suffer and acknowledge all and every such thing or things, act and acts in the Law, with such warranty as aforesaid, as

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shall be reasonably devised or advised by the learned Councel of the said T. B. or of his Heirs or Assigns, for the assurance, sure conveying and sure making of all the said four sixt parts, and of all other part and parts, and of all the estate, right, title, reversion and interest which the said I. and K. his wife and their Heirs, and which the said E. and M. his wife, and the Heirs of the said M. severally have, or may have, or claim to have, to, of, or in the said Messuage, or other the premisses to be had conveyed and made sure to the said T. B. his Heirs and Assigns, to, and for the only use and behoof of the said T. and of his Heirs and Assigns for ever. In witness &c.

A Bargain and Sale of a Reversion, or Remainder of the third part of certain Lands.

THis Indenture made, &c. between R: T. &c. on the one party, and I. L. &c. on the other party witnesseth. That wheras the late King H. 8. by his Letters Patents under the great Seal of E. bearing date at Westminster &c. Did amongst divers other things, Give and Grant to A: B: the Scite, Circuit and Precinct of the late dissolved Mo∣nastery or Priory of M: with the appurtenances in the County of L. and all manner of Messuages, Houses, Cottages, Barns, Stables Dove-houses, Mills, void Grounds, Gardens, Orchards, and other Edifiees and Buildings, with their appurtenances within the Scite, Circuit and Precinct of the said late Monastery or Priory, & the Church-yard ther∣of, and all great Trees, Woods, and under-Woods growing and being in and upon the said Scite, Circuit and Precinct of the said late Mo∣nastery or Priory or any part or parcel therof, and the soyle and ground of the same, great Trees, Woods, and under-Woods, and cer∣taine Messuages, Lands, Tenements, Meadows, Pastures, Feedings and Hereditaments of the clear yearly value of 8 l. 12 s. of lawfull &c. scituate lying and being in B. H. B. and M. in the said County of L. to the said late Monastery or Priory, sometime belonging and appur∣taining: To have and to hold the same to the said A. B. for term of their lives, and the longer liver of them, the remainder therof after their deceases to the Heirs of the body of the said A: B: lawfully be∣gotten; the Reversion therof in Fee-simple to the said late King, the which said Reversion or Remainder of the third part of all and singular the forenamed premisses is descended to the Lady M. now wife of H. Earle of D. and to the Heirs of her body, as one of the Co-heirs of the said A. B. to take effect immediatly after the decease of the said R. And the said Reversion or Remainder of one third part of all the same Premisses, the said Earle and Lady M. now have to them and

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the Heirs of the said Lady M. for ever, of the Gift and Grant of our said Soveraign Lady Queen Eliz. by her Hignesse Letter Patents, bea∣ring date &c. as by the said Letters Patents appeareth.

And the said Earl and Lady M. by their Indenture of Bargain and Sale, dated 9 Iunij 16. Eliz. and enrolled in her Majesties Court com∣monly called the Kings Bench at Westminster, have bargained, sold, and conveyed, all their said Reversion and Remainder, and their whole E∣state, of and in all and singular the Premisses to the said R. T. and his Heirs for ever; As by the said last recited Indenture may appear.

Now the said R. T. for and in consideration of the Sum of 533 l. 6 s. 8 d. of lawfull &c: wherof &c. hath aliened bargained and sold, and by these presents doth &c. unto the said I. L. his Heirs and As∣signs for ever, all those the said Remainder and Remainders, Reversi∣on and Reversions, which late were to the said Earl and Lady M. and the Heirs of the said Lady M. and which he the said R. now hath, of and in the said third part and portion, of and in all the said Scite, Circuit, and Precinct of the said late Monastery or Priory of M. with the ap∣purtenances, in the said County of L. and of and in the third part and portion of the Demesne Lands, of the said late dissolved Monastery or Priory of M. and of and in the third part of all the said Messuages Lands Tenements Meadows Feedings Pastures and Hereditaments, of the said yearly value of 8 l. 12 s. in B. H. B. and M: in the said Coun∣ty of L. And also all the Right Estate Title Interest Reversion Re∣mainder Demand, which he the said R: T: hath or ought to have, of, in, or to the said bargained Scite Circuit and Precinct, Demesne Lands Tenements Messuages, Lands Hereditaments, and all and singu∣lar other the said bargained Premisses, with their appurtenances, by force and virtue of the said Indenture of Bargain and Sale aforesaid, or otherwise: And all Deeds Evidences Charters Writings Rentals Books of Survey Court Rolls Terrors and Mynuments whatsoever, only concerning the above bargained Premisses, or only any part ther∣of. As many of which said Deeds &c. To have and to hold all that the * 1.163 said Remainder and Remainders, Reversion and Reversions of the said third part and portion of the said Scite Circuit and Precinct of the said late Monastery or Priory of M: and all the Houses, and all and singu∣lar other the Premisses, with their appurtenances, above by these pre∣sents, bargained and sold unto the said I: L: his Heirs and Assigns for ever, to the only use &c.

And the said R. T. covenanteth &c in form &c. That the said bargain∣ed * 1.164 Remainders or Reversions of the said third part, of all and singular the said Premisses, and of all and every part therof now be, and at all times hereafter, shall be and continue clearly acquitted exonerated and discharged, or otherwise sufficiently saved harmless by the said R: his

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Heirs Executors and Administrators, of and from all and singular Feof∣ments, Bargains, Sales, Gifts, Grants, Leases, Wills, Annuities, Rents, Charges, arreages of Rents, Bonds Statutes, Recognisances, Mortgages, Judgements, Executions Jointures, Dowers, Fines for Alienations, Amerciaments Charges, Titles, and Incumbrances whatsoever made or done, or to be made or done by the said R. T. (The chief rents & ser∣vices from the decease of the said Lady K. now Dutches of S. to be due to the chief Lords of the Fee or Fees of the Premisses, and any intrusion or other forfeiture, charge, or Incumbrance for not suing of Licence of alienation heretofore, had, made, or suffered only except and fore-prised..)

And further the said R. T. covenanteth &c: That he the said R. T. * 1.165 and I. his wife, and the Heirs of the same R. and all and every other person and persons, which lawfully have or shall, or may lawfully claim to have any lawfull Right Title Interest or Estate, of, in, or to the a∣bove bargained Premisses, or any part therof, by or from the Estate Interest or Right of the said R. shall and will at all times during one year next coming, upon every reasonable request, and at the costs and charges in the Law of the said I. his Heirs or Assigns, do, make, know∣ledge, and suffer, and cause to be done, made, knowledged, and suf∣fered, all and singular such lawfull and reasonable act and acts, thing and things, with warranty only against the said R. T. and his Heirs, or otherwise without warranty: As by the said I. L. his Heirs or As∣signs, or his or their Councell learned, shall be lawfully devised, or ad∣vised, of and for all the said above bargained Remainder or Reversion of all the said third part, of all and singular the above bargained Pre∣misses, and every part therof to be had and conveyed to the said I. L. his Heirs and Assigns, for their own use for ever: So as the said R. and I. for any such assurance to be made or had, shall not be enforced or compelled to travell out of the City of L. And it is covenanted, con∣clude agreed and condescended by and between the parties to these presents, and every of them. And the said R. T. for him his Heirs and Assigns, doth covenant conclude agree and condescend by these pre∣sents, that all and every Estate and Estates, Fine and Fines, Recovery and Recoveries, Conveyances and assurances now had and made, or hereafter to be had or made of the said bargained Premisses, or any part therof, by the said R. T. or his Heirs, shall for ever be, and be demed, judged and taken to be, to and for the only use and behoof of the said I: L▪ and the Heirs and Assigns of the same I: L: for ever. And that all and every other person and persons that now is, or that hereafter shall be seised of and in the Premisses, or any part or parcell therof, for and to the use of the said R: T. shall from henceforth stand and be seised of the Reversion and Reversions, Remainder and Re∣mainders of the same Premisses, and every part therof, to the only uses

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Intents limitations and purposes mentioned and specified in these presents, and to none other use or uses, intent or purpose what∣soever.

A Bargain and Sale of an Annuity by him that hath the Grant therof from another, under a Condition.

THis Indenture &c. between &c. witnesseth, That wheras A. B. of &c. hath granted to the said A. B. one annuity or yearly Rent of 10 l. of &c. issuing out of all the Lands and Tenemens of the said W. in E. aforesaid, or elsewhere in the County of O. yearly to be paid to the said A. B. his Heirs and Assigns for ever; As by a pair of Inden∣tures therof made between the said W. on the one party, and the said A. on the other party, bearing date &c. more plainly and at large doth appear.

In which Indentures there is a Proviso and Condition contained; * 1.166 That if the said W. his Heirs &c. do pay &c. to the said A. his Execu∣tors &c. the sum of 100 l. of &c, at the end of ten years mentioned in the same Indentures; That then and from thenceforth the said annuity and yearly Rent shall clearly cease and be no longer paid: As by the tenor of the Proviso and Condition aforesaid, contained in the said former Indentures will also appear.

Now the said A: B: for and in consideration &c. hath given granted assigned and set over, and by these presents doth give grant assign * 1.167 and set over to the said C: D: &c the said annuity and yearly Rent of ten pounds aforesaid, and all the Estate Right Title and Interest of the said A. and his Heirs and Assigns in and to the same: And all Right Title Interest Power and Authority, to take Distresse and Di∣stresses therfore, and for any part therof, as fully and freely as the said A, might or could do. And also the said sum of 100 l. and every part therof, if it happen to be paid, and all the right title claim and interest which the said A. hath or may have in and to the same. And in and to every or any part therof: To have hold perceive receive * 1.168 and enjoy the said annuity and every part therof: And the said 100 l. and every part therof to the said A: his Heirs and Assigns for ever, to the use &c.

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A Bargain and Sale by a Co-heirs Son and Heir, of his preparty in certain Land.

THis Indenture &c. between F. C. of &c. Son and Heir of M. C. one of the Daughters and Co-heirs of R. T. of S. in the County of G. Esquire, deceased, on the one party, and N. M. of &c. on the other party, witnesseth, That the said F. C. for and in consideration of the sum of 220 l. of &c. wherof &c. hath given &c. And by these presents, doth give grant bargain and sell to the said N. M. and his Heirs for ever, all that part and pre-party of the said F. of and in all and singular those Messuages Lands Tenements Rents Reversions and Hereditaments, scituate lying and being in B. in the County of C. now or late in the severall Tenures of &c. And also all and singular Mannors Messuages Lands Tenements Rents Reversions Services Courts, Perquisites of Courts, and Hereditaments whatsoever, and parts and preparts of all and every Messuages &c. which the said F: C: now lawfully hath, or ought to have of any Estate whatsoever, in B. aforesaid, or elsewhere in the County of C. And the Reversion and Reversions, Rents Issues and Profits of all and singular the Pre∣missos: And all and singular Deeds Evidences and Writings, only touching the Premisses or only any part therof: As many of which said Deeds &c. as the said F. C hath in his custody, or that be in the custody of any other, by his consent or delivery, which he may get and come by without suit in the Law, He the said F. for him &c. covenanteth &c. well and safely to deliver, or cause &c. to the said N. his Heirs Executors or Administrators, at the now Mansion house of &c. at or on this side &c. To have and to hold all and singular the * 1.169 said Messuages Lands Tenements Rents Reversions and Hereditaments and all and singular other the Premises, with their appurtenances, to the said N. M. his Heirs and Assigns for ever, to the only use and behoof of the said N: and of his Heirs and Assigns for ever.

And the said F. C: for him, his Heirs Executors and Administrators, * 1.170 and every of them Covenanteth &c. in form &c. that is to say, That he the said F. C. now is, and standeth lawfully sole seised of a good, per∣fect, absolute and rightful Estate in Fee-simple or Fee-Tayle in posses∣sion, or in Reversion expectant upon the determination of Lease or Leases for term of years of, and in Messuages, Lands, Tenements and Heredit, or parts and preparts of Messuages Lands, Tenements and He∣reditaments, scituate lying and being in B. aforesaid in the said Coun∣ty of C. or within three miles distance therof in the same County, to the clear yearly value of 7. l. or there about as the same are now letten and demised. And that he the said F. C. and M: now his wife on this * 1.171

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side the said &c. shall in due form of Law, and according to the ordi∣nary manner of Fines knowledge and levy one fine with proclamation according to the due form and course of Law in the said County of C. unto the said N. M. and his Heirs, of all and singular the Messuages, Lands, Tenements, Reversions and Hereditaments aforesaid, or of all their part and prepart of the same as shall be requisite and agreeable to their estate with such, and so many terms, and words of course as shall be sufficient to convey in the same Fine all the premisses, and the same to pass with warranty against all men.

And also that all and singular the above bargained premisses now * 1.172 are and from henceforth shall stand, and continue clearly and freely ac∣quitted and discharged▪ or otherwise from time to time, at all times sufficiently saved harmless by the said F. &c. of & from all and singular former Bargains, Sales, Grants, Leases, Recognisances Statutes, Joint∣tures, Dowers, Rents, Arrerages of Rents, Fines, Amerciaments Estates Titles, Charges and Incumbrances whatsoever, the Rents and Services hereafter to be due to be paid and done for the premisses to the chief Lord and Lords of the Fee therof; and all Leases for term of years made * 1.173 only of the Moiety, or one halfe of the said Bargains, Premisses, or not of any more then one Moiety therof, and not exceeding twenty years now next to come, only except and foreprised. And further, that the above bargained premisses are, and shall, or lawfully for e∣ver * 1.174 may be, and continue to the said N, M. his Heirs and Assigns, of the said clear yearly Rent and value of 7 l. over and above all yearly charges and reprises; and moreover that the said F. C. and his Heirs * 1.175 from time to time at all times, during the space of seven years next en∣suing at and upon every reasonable request, and at the costs and char∣ges in the Law, only of the said M. his Heirs Executors or Assigns, shall, and will, do, make, knowledge, suffer and Execute, and cause &c. all and singular such lawful and reasonable act and acts, thing and things in the Law for the further assurance, conveyance, surety, and sure making of all and singular the above bargained Premisses to be conveyed and made sure to the said N. M. his Heirs or Assigns for ever to the only use &c. as by the said N. M. his Heirs or Assigns, or by his or their Councel learned in the Laws of this Realm shall be reasonably and lawfully devised or advised.

And that all Assurances and Coveyances whatsoever had, made, or * 1.176 suffered, or to be had, made, or suffered by the said F. C. and M. his wife, or either of them, his, her, or their Heirs or Assigns to the said N: M: his Heirs or Assigns, or to any other person or persons shall be and enure to the only use and behoof of the said N. M. his Heirs and Assignr for ever, and to none other use, intent or purpose. And * 1.177 also that the said N. M. his Heirs and Assigns, shall or may from

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henceforth have and hold all and singular the above bargained Pre∣misses, and lawfully and quietly have, take, perceive, receive and enjoy all the Rents, Issues and Profits therof for ever, without any Let, Trouble or Impediment of the said F. C. or his Heirs, and without any lawful Let, Trouble, Impediment or Eviction of any person or persons, having or which shall have, or claim to have any estate, right, title or interest, in, or to the Premisses, or any part therof, by or from the said F. C: or R. T. or any of his or their Ancestors whatsoever. And the said N. M. Covenanteth &c. That he the said N: or his Executors upon reasonable request shall and will pay and allow to the said F: C: all such ordinary charges as the same F. shall necessarily expend and lay out for the knowledging and passing of the said Fine, so by the said F: and his wife to be knowledged as abovesaid. In witness &c.

A Bargain and Sale of a Rent-charge.

THis Indenture &c. between E: P: Lord M. on the one party, and I: L: &c: on the other party witnesseth, That wheras the said Lord M: is seised in Fee-simple or Fee-tail, of one Rent-charge of 50. Marks by the year, issuing and coming and to be received and taken out of the Mannor of S: and divers other Messuages Lands and Tenements in S: in the County of B payable yearly at the Feasts of Saint Mi∣chael the Arch-angel, and Easter, by even portions, and of one rent * 1.178 of 100 s. Nomine poene, to be paid as often as the said rent of 50. Marks in pat or in all, shall be unpaid by the space of four months next after any day of payment of the same, likewise issuing and com∣ing, and to be received and taken out of the said Mannor and other the Messuages Lands and Tenements in S. aforesaid, with authority and power to distain for the said rents and the arrerages of the said rent of 100 s. in the said Mannor Messuages Lands and Tenements, and being also seised in Fee-simple, of the Mannor of I: in the Coun∣ty of H: with the appurtenances.

Now the said E: P. Lord M. for and in consideration of the sum of 400 l. &c. wherof &c. Hath bargained and sold, given and granted, and by these presents, doth fully clearly and absolutely bargain sell give and grant unto the said I: L: all that the said Mannor of I. and all Messuages Lands Tenements Rents Reversions Services and other Hereditaments, with all and singular their appurtenances, parcell of or belonging unto the said Mannor, or reputed, accepted, or taken, as part, parcell, or member of the same, scituate, lying and being, coming, growing, and renewing, in the said County of H. or else∣where. And all that the said Rent▪charge of 50. Marks, issuing and

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coming out of the said Mannor of S. and other Lands and Tenements in S. aforesaid. And also all that the said Rent of 100 s. Nomine poene, for non-payment of the said yearly Rent of 50. Marks to be received and taken out of the said Mannor, and other Messuages Lands and Tenements in S. as is aforesaid. And all other Rents Duties and Profits Advantages Rights Actions, Suits Duties Commodities and Demands, that the said Lord M. hath or ought to have, of, or in the said Mannor of S. Messuages Lands and Tenements, or issuing or com∣ing out of the said Mannor Messuages Lands and Tenements in S. with all and singular their appurtenances, or any part therof. To have and to hold, perceive, levy take, and enjoy all and singular the said * 1.179 Rent of 50. Marks yearly, and the Rent of 100 s. Nomine poene, and all other Rents Duties Profits Advantages Commodities and Premis∣ses out of S. as is aforesaid, before bargained and sold, or mentioned &c. by these presents▪ to the said I. L. his Heirs and Assigns for ever, to the only use and behoof of the said I: L: his Heirs and Assigns for ever And to have and to hold the said Mannor of I. Lands Tenements and other the Premisses therunto belonging or reputed, accepted, or taken, as part parcell or member of the same, with their appurtenan∣ces, unto the said I. L. and his Heirs, for and during the naturall life of one K: H.

And the said E: Lord M. for the consideration aforesaid, hath also bargained, sold, given, and granted; And by these presents &c. unto the said I: L: all the Deeds &c. concerning the said * 1.180 Rents Profits &c. in S: aforesaid, or any of them; all which or as many &c. A Co∣venant that the Lord M: is lawfully seised in Fee-simple, of the Mannor of I: and in Fee simple or Fee-tail, of the Rent-charge and 5 l. No∣mine poene, without any Reversion or Remainder in the Queen; And hath full power to convey the same to I: L. as aforesaid, and that the said Rent-charge is of the clear yearly value of 50. Marks of &c. over and above all Charges, Deductions, and Reprises: And of the same clear yearly value, shall or may continue to the said I: his Heirs and Assigns for ever. And also that the said Mannor of I: and other the Premis∣ses therunto belonging, be, and shall be or may continue to the said I: his Heirs and Assigns, for the term of the life of the said K. H: accor∣ding to the tenor and true meaning of these presents, of the clear yearly value of 30 l. of &c. over and above all Charges and Reprises.

And also the said E: Lord M: covenanteth with the said I. L: &c. That as well the said I: L. his Heirs Executors and Assigns, in respect of the premisses, as also the said Mannor of I: shall or may from hence∣forth continue, remain, and be, unto the said I: L. his Heirs and As∣signs, for and during the life of the said K: And also the said Rent and Penalty shall or may be and continue to the said I. L: his Heirs and As∣signs, fully and clearly &c. or otherwise saved harmlesse of and from

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&c. had, made, done, or committed by the said Lord M. or by any other person or persons, at or before the ensealing of these presents, one grant of 30 l. per annum, made of part of the said rent of 50. Marks to the said K. holden for term of her life, and the chief Rents and Services of the said Mannor of I: to the chief Lord of the Fee therof, and all Leases for term of years, or lives and Copy-hold Estates here∣tofore made, wherupon the old and accustomed rent, or more is re∣served, or shall be payable yearly during the said Leases and Estates to the said I▪ L: his Heirs and Assigns. And all and singular such Char∣ges and Incumbrances, by all which the said Mannor of I: shall not be * 1.181 made of lesse value then of 40 l. by the year, only excepted and fore-prised.

And further the said E: Lord M: covenanteth &c. That he the said Lord M. and his Heirs, and the right honourable Lady E: now his wife, and all and every other person and persons, having, or that hereafter shall or may lawfully have or claim any Estate or Interest in the said Rents and other the premisses out of S: aforesaid, or any part therof, other then the said K: H: for her said rent or sum of 30 l. du∣ring the term of her naturall life, at the reasonable request costs and charges in the Law &c. A Covenant for further assurance.

And the said Lord M: doth further covenant &c. That he the said Lord M. and the said honourable Lady now his wife, shall for more assurance &c. A Covenant for levying a Fine to the said I: L: both for the Mannor of I: and the Rent-charge of 50. Marks and 5 l. Nomi∣ne poene. And it is agreed and granted between the said Lord M: and I: L: for them their Heirs and Assigns: That the said Fines so to be levied as aforesaid, from and after the ingrossing therof, shall be to the only use hereafter expressed: And that the said I: L: his Heirs and Assigns, and all and singular other persons and their Heires and Assigns, shall stand and be seised of and in all the said Premisses, to the same uses: That is to say, Of and for the said rents and other the pre∣misses out of S: to the only use and behoof of the said I: L: and of his Heirs and Assigns for ever: And of and for the said Mannor of I: with the appurtenances, to the use of the said I: L: and of his Heirs and Assigns, for and during the term of the naturall life of the said K: H: and after her decease to the only use and behoof of the said Lord M: and of his Heirs and Assigns for ever: In witness &c.

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A Bargain and Sule of a Reversion or Remainder in Land well passed.

THis Indenture &c. between E: R: &c. Son and Heir of P: R: decea∣sed, late the wife of I: B: Esquire, Father of the said E. and Daugh∣••••r and Heir of R: W: &c. deceased, on the one party, and R: S: &c. and * 1.182 L: &c. on the other party, witnesseth, That wheras the said R: S: and A: his wife, sometimes the wife of the said R: W: are now lawfully seised in their Demesne as of Free-hold, as in the right of the said A: for and during the naturall life of the same A: of and in the Mannor of B: &c. with the appurtenances, and of and in all and singular Lands Tenements Medows Pastures Feedings Woods Under-woods Rents Services Profits and Hereditaments, with their appurtenances, to the said Mannor belonging or appurtaining, or accepted &c. scituate lying and being &c. And of and in all that Messuage or Tenement &c. And also of and in one peice of Meadow &c. the Reversion or Remainder, Reversions or Remainders of all and singular which Premisses, with the appurtenances, and of every part and parcell therof now lawfully is, or are to the said E: R. and his heirs belonging.

The said E: R: for and in consideration of the Sum of &c. wherof &c. hath aliened granted bargained and sold, and by these presents doth clearly and absolutely grant, alien &c. unto the said R: S: and * 1.183 I. L. their heirs and assigns for ever, the foresaid Mannor Messuages and peice of Meadow, and also all and singular other the Premisses with the appurtenances.

And Moreover, all that the Mannor of B. &c. with all the Rights, Members & Appurtenances therof; And all those sixteen acres &c. and all and singular Messuages, Houses, Edifices, Tofes, Cottages, Mills, Lands Tenements, Medows, Feedings, Pastures, Rents, Reversions, Services, Rent-charge, Renseck, Rents reserved upon whatsoever Demi∣ses or Grants, Annuities, Annual Rents, Farms, Fee-Farms, Waters, Piscaries, Fishings, Woods, under-Woods, Firrs, Heath, Moores, Marhes, Commons, Wayes, void Grounds, Courts-Leets, Perqui∣sites and Profits of Courts and Leets, Views of Frankpledge, and all things to Court-Lees and Views of Franckpledge belonging or hereaf∣ter belonging, Bond-men, and Bond-women and Villaines with their Sequels, Knights fees, Wards, Marriages, Escheats, Reliefs, Heriots, Goods and Chattels, Waied, Profits, Commodities, Emoluments and Hereditaments whatsoever, with all and singular their apprtenances, scituate, lying or being in the Towns, Fields or Hamlets, of &c. to the said Mannor of B. belonging or appurtaining, or as Members, Parts or parcels of the same Mannor, being had, known, accepted, used, repu∣ted, demised, or letten, and the Reversion and Reversions, Remainder,

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and Remainders of the aforesaid Mannor &c. and of all and singular other the Premisses with their appurtenances, and all and singular other the Mannors, Messuages, Lands, Tenements, Reversions, Remainders, Rents, Services and Hereditaments whatsoever, which the said E. hath or ought to have, or at any time heretofore had within the said County of K. and also all the right, title, interest, reversion, remainder and de∣mand whatsoever which the said E. hath or ought to have, or at any time heretofore had, of, in, or to the said Mannor, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses, with all and singular their appurtenances, and all and singular Letters Pattents, Deeds, Evidences, Charters, Wills, Writings, Court-Rools, * 1.184 Terrors and Mynuments whatsoever touching or concerning the pre∣misses with the appurtenances, or any part therof, so many wherof as now be in the Possession or Custody of the said E. and which he may lawfully come by without Suit in the Law, the said E. for him &c. Covenanteth &c. to deliver or cause &c. to &c. before the Feast &c. unhurt, uncancelled and undefaced, to have, hold and enjoy the a∣foresaid Mannor of B. &c. and all and singular the aforesaid Messua∣ges, * 1.185 &c. unto the said R. S. and I L▪ their Heirs and Assigns to the only use and behoof of the said R. and I. and of their Heirs and Assigns for ever. And the said E. R: for him, his Heirs Executors and Admi∣nistrators, and every of them Covenanteth &c. to and with the said R and I. and either of them, and the Heirs Executors Administrators and Assigns, of them; and of either of them by these presents. That all and singular the premisses, with all and singular the appurtenances, and every part and parcel therof now be, and at all times hereafter, and from time to time shall be and continue unto the said R. and I. their Heirs and Assigns clearly acquitted, exonerated and discharged, or well and sufficiently saved harmless by the said R. his Heirs Executors or Administrators, of, and from all and singular Feoffments, Bargains, Sales, Gifts, Grants, Leases, Wills, Annuities, Rent, Charge, Arrera∣ges of Rent, Bonds, Statutes, Recognisances, Morgages, Judgements, Executions, Titles, Charges and Incumbrances whatsoever, had, made, done, or agreed unto by the said E. P. R. his Mother, and the said I. R. his Father, or any of them, or by the means, assent, consent, or pro∣curement of them, or of any of them, or hereafter to be made, done, or agreed unto by the said E. (the chief Rents and Services from hence∣forth to grow due for the premisses to the chief Lord or Lords of the * 1.186 Fee or Fees therof and the said estate, interest of the said R. C. and A. for, and during the term of the natural life of the said A. only except and foreprised.) And the said E. further Covenanteth &c. That he the said E. and M. now his wife, and either of them, and the Heirs of the said E. R. and the Heirs of the said E. R. and the said I. R, and all and singular person or persons whatsoever, which have or shall, or

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may lawfully claim to have any lawfull right, title, interest or estate, of, in, or to all and singular the premises, or any part therof, by, from or under the estate, interest or right of the said E. R. P. R. and I. R. or any of them shall and will at all times, and from &c. during three years next ensuing the date of these presents upon reasonable request and costs and charges in the Law of the said R. &c. do make, knowledge and suffer &c. and cause all and singular such lawful and reasonable act and acts, thing and things with warranty only against the said E. R. and P. R. and J, R. every of them their Heirs and Assigns, and the Heirs and Assigns of every of them or otherwise without warranty, be it by Fine, Feoffment &c. for the assurance, coveying and sure making of all and singular the premisses with the appurtenances, and every part therof unto the said &c. to the use of the said &c. according to the intent of these presents, as by the said &c. or his or their Councel lear∣ned shall be lawfully and reasonably devised or advised.

And it is Covenanted, Concluded and Agreed by, and between the * 1.187 the said parties to these presents and every of them, for his Heirs and Assigns, doth Covenant, Conclude and Agree by these presents, That all and every estate and estates, fine and fines, recovery and recoveries, conveyances and assurances now had and made, or hereafter to be had or made of all and singular the premisses, or any part therof by the said E. R. and M. his wife, and the said I. R: or any of them, or by the Heirs of &c. other then the estate of the said R. S. and A. for the term of the life of the said A. shall for ever be, and be deemed, judged and taken to be, and by these presents is and are expressed, limited and de∣clared to be intended and mentioned to be, to and for the only use and behoof the said R. S and I. L. and of their Heirs and Assigns for ever. And that all and every person and persons that now is or, or are, or that hereafter shall be seised of and in the premisses with the appurte∣nances, or any part therof by force or means of any of the same estates, fines, recoveries conveyances or assurances, except before excepted, shal from hencefroth stand & be seised of all and singular the premises with the appurtenances of every part and parcel therof to the only use and behoof of the said R. and J. and their Heirs and Assigns for ever, and to none other use or uses, intent or purpose whatsoever.

And moreover the said E. R. Covenanteth &c. That he the said E. * 1.188 at the time of the Ensealing and Delivery of these presents, is lawfully and perfectly seised of, and in the immediate Reversion or Remainder of the said Mannor &c. immediatly Expectant or Dependant upon the said Estate for term of the natural life of the said A. of a good, perfect, absolute, lawful ann indefeisable estate in Fee-Simple to the only use of the said E. and of his Heirs and Assigns for ever, without any Re∣version or Remainder therof, or of any part therof being in our said Soveraign Lord the King his Heires or Successors; and that the said

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Reversion or Remainder of all and singular the premisses with the ap∣purtenances, and of every part therof, by, and after the decease of the said P. R. did lawfully and rightfully descend and come to the said E. as Son and next Heir of the said P. R. by right of Inheritance accor∣ding to the Laws of this Realm. And that he the said E. hath good * 1.189 lawful, and rightful title, and absolute and perfect Power and Autho∣rity to Grant and Alien, Bargain, Sell, Convey and Assure all the said reversion or reversions, remainder or remainders of all and singular the premisses, with all and singular the appurtenances in manner and form aforesaid unto the said &c. their Heirs and Assigns to the only use &c. according to the tenor and true meaning of these presents. In witness &c.

A Bargain and Sale of Land upon Condition for payment of a sum of money.

THis Indenture &c. Between I: I: &c. on the one party, and G. J. &c. on the other party witnesseth, that the said J. J. for, and in consideration of the payment of the several sums of money here under mentioned according to the tenor and purport of these presents to be paid; Hath granted, bargained and sold &c. unto the said G. his Heirs and Assigns, under the condition hereafter in these presents specified, all that his Water-Mill &c. to have &c. to the said J. his Heirs and Assigns for ever, to the only use of &c. upon, and under the Condition following and not otherwise; that is to say, That he the said G. his Heirs Executors Administrators or Assigns▪ shall pay &c. the sum of &c. in form &c. viz. on the last day &c. Provided alwayes, and it is * 1.190 agreed between the said parties to these presents for themselves their Heirs and Assigns, and every of them by these Indentures. That if default shall be made of, or in payment of the said 50 l. or any part therof con∣trary to the form in these presents above limitted, that then and at all times, from and after any such default made of the said sum of 50 l. or any part therof. These present Indentures, and the Grant, Bargain and Sale therby made of all and singular the premisses and also the In∣rollment and Record therof shall be utterly void and frustrate,, and that then and at all times from thenceforth it shall and may be lawful and to and for the said I J. his Heirs and Assigns into the said &c. to re∣enter, and the same to have again as in the former estate of the said J. & that then all and every person and persons that now be or that then shall be seised of the said &c. shall therof and of every part and parcel therof stand and be seised to the only use of the said J, his Heirs and Assigns for ever, and to none other use, intent or purpose whatsoever. This Indenture &c. to the contrary &c. and the said J, J. doth Co∣venant

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&c. in form. &c. that he the said J. his Heirs Executors or * 1.191 Administrators shall and will from time to time and at all times from & after payment made of the said sum of 50 l. according to the purport and true meaning of these presents at his and their own costs and char∣ges, discharge or sufficiently save and keep harmless as well the said G. his Heires Executors and Administrators, and every of them, as the said Mill &c. and of and from all and singular former bargains &c. heretofore had, made done or committed, or hereafter to be had, made, done or committed by the said J, or any other person or per∣sons by or through his means, title or procurement in any wise. And * 1.192 furthermore, that at all times, and from time to time during the space of one whole year next after such full payment so made of the said sum of 50 l. so made to the said J. &c. he the said I, and I. his wife, and the Heirs of the said I. and all and every other person and persons which shall lawfully have or claim any thing of in or to the premisses or any part therof by from or under the said J. or by or under his estate, right or interest upon reasonable request, and at the costs and charges in the law of the said G. and of his Heirs and Assigns shall and will do, knowledge, and suffer to be done, within the Cities of London and Westminster, all and every such further and reasonable act and acts, thing and things with warranty only against the said I. &c. and his Heris as shall be lawfully and reasonably devised or advised by the said G. &c. for the conveying and assuring, and for the sure making of all and singular the premisses to be had and made sure to the said G. his Heirs and Assigns for ever without any condition. And further that he the said I. his Heirs Executors or Administrators upon every payment made of the several payments aforesaid shall and will make or cause to be made and delivered as his or their Deed to the person or persons that shall make any such payment, one sufficient Deed of acquitance, testifying the payment and Receit of every such sum of mo∣ney so then paid. In witness &c.

A Bargain and Sale of Goods with Condition for redemption.

THis Indenture &c. between &c. witnesseth, That the said I. G for and in consideration of the Sum of 40 l. of &c. the receipt &c. Hath bargained sold, given and granted, and by these presents▪ doth bargain sell give and grant unto the said I. H. one silver Tankard &c. All which Plate afore-mentioned, the said J. G. hath, at and before the ensealing hereof, delivered into the hands and possession of the said J. H. To have and to hold the said silver Tankard, and all other the Goods and Chattels whatsoever, above by these presents bargained

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and sold, given and granted, or mentioned, or intended to be by these presents bargained and sold, given and granted, and every part therof unto the said I. H. his Executors Administrators and Assigns, to his and their own proper use for ever, freely as his and their own roper Goods. And the said I. G. hath put the said I. H. in full pos∣session of all the Premisses, by delivery of the said silver Tankard, parcell of the Premisses, in the name of a full possession of all the resi∣due of the Premisses, Goods, and Chattels whatsoeuer.

Provided alwaies, and upon this Condition following; viz. That * 1.193 if the said I. G. his Heirs Executors or Administrators, do well and truly pay or cause to be paid unto the said I. H. or to his certain At∣torney, his Executors Administrators or Assigns, at or in the now dwelling house of the said I. H. scituate in C. aforesaid, the Sum of 40 l. of lawfull money of England, in manner and form following; viz. &c. That then this Indenture to be void: But if default be had or made in payment of the said 40 l. in part or in all, contrary to the manner and form aforesaid; That then this present Indenture to stand in full force and effect.

And the said I. G. for him his Heirs Executors and Administrators, * 1.194 doth covenant and grant, to and with the said I. H. his Executors Ad∣ministrators and Assigns, by these presents as followeth, viz. That in case the said I. G. his Executors or Administrators, shall make default in payment of the said 40 l. or any part therof, coutrary to the man∣ner and form in the Condition before in these presents contained; Then the said I. H. his Executors Administrators and Assigns, shall and may for the consideration aforesaid, peaceably and quietly have hold and enjoy, to his and their own proper use for ever, the said silver Salt &c. and all the Premisses above by these presents bargained sold, and granted, or mentioned, or intended to be &c. and every part and parcell therof, with all and singular the appurtenances, without any lawfull let, trouble, expulsion, eviction, molestation, or deniall of the said I. G. his Executors or Administrators, or of any other person or persons whatsoever.

And also that he the said I. G. his Executors or Administrators, shall * 1.195 and will well and truly pay or cause to be paid unto the said I. H. his Executors Administrators or Assigns, the said Sum of 40 l. &c. in manner and form as aforesaid, according to the true meaning of these presents.

And the said I: H: for him, his Executors Administrators and Assigns, * 1.196 doth covenant and grant, to and with the said I. G. his Executors Administrators and Assigns by these presents, that he the said I. H his Executors Administrators and Assigns, shall and will immediatly after the receipt of the said 40 l. according to the true meaning of the Condition aforesaid, upon reasonable request well and truly re-deli∣ver,

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or cause to be delivered unto the said I: G: his Executors Admini∣strators or Assigns, the said silver Salt &c. which Plate the said I: H: received of the said I. G. at and before the ensealing hereof as afore∣said, in as good case as the same and every of them now are: In wit∣nesse &c.

Another with Goods, &c. with some difference in the form.

TO all to whom these presents shall come &c. A. B. &c. Greeting, Know yee, That I the said A B. being in perfect understanding and in good memory, without fraud deceit or guile, for divers good and reasonable causes and considerations, me hereunto especially moving, having given and granted, and by this my present Writing have con∣firmed unto C. D. Widow, late wife of T. D. all and singular such Goods, Things, Implements, and Moveables, being in or about the dwel∣ling house of me the said A. B. in the Parish of &c. contained and specified in a certain Schedule, subscribed by the proper hand of me the said A. B. To have and to hold the said Goods &c. as her proper Goods &c. for ever, freely, quietly, peaceably, and intirely, without any contradiction, claim, disturbance, or hinderance of any person whatsoever; and without any account to me, or to any other who∣soever, to be made, answered, or hereafter to be rendred: So that neither I the said A. B. nor any other for me, or in my name, and any Right Title Interest or Demand, of or for the said Goods, Im∣plements. Things, and moveables, or any part or parcell therof ought to exact, challenge, claim, or demand at any time hereafter; But from all Action Right Estate Title Claim Demand Possession, and Interest therof shall be wholly barred and excluded by force of these presents. And J the said A. B. my Heirs Executors and Administrators, all and * 1.197 singular the Goods, Things, Implements, and Moveables aforesaid, to the said C. D. her Executors and Administrators, against all people will warrant, and for ever defend by these presents; Of which Goods, Things, Implements, and Moveables, J the foresaid A. B. have put the said C. D. in full and peaceable possession, by giving and deliver∣ing * 1.198 of one penny of lawfull English money, which J gave and de∣livered at the sealing and delivery of these presents; In witness &c.

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A Bill of Sale of Goods for payment of Debts.

TO all, to whom these presents shall come, T: H. of &c. sendeth gree∣ting; Wheras J the said T. H: am indebted unto divers and sundry persons in divers great Sums of money: And wheras P. L. of &c. and H: D. of &c. have heretofore at my request entred into se∣curity for and with me the said T. H. and for my only debts due unto divers persons, as well for payment of money, as otherwise, wherof they are not as yet secured, discharged, nor freed. And wheras I the said T. H. am fully minded and determined as well hereby to secure and save harmlesse the said P. L. and H. D. of and for all and every such Sums and securities, as they or either of them stand charged or charg∣able withall, for or with me the said T. H. And likewise that they the said P. L. and H. D. shall and may duly and truly with the residue of the Goods Chattels and Cattell to them herein or hereby given, gran∣ted, and confirmed, or meant or mentioned to be herein or hereby given, granted, or confirmed, satisfie and pay all such Debts and Sums of money, as J am any way indebted or do owe unto any person or persons whatsoever. Now know yee, That J. the said T. H. for and up∣on the consideration afore specified, have given, granted, and confir∣med, and by these presents, do give, grant, and confirm unto the said P. L. and H. D. all and singular my Goods, Cattell, and Chattels what∣soever, as well reall as personal, Money, Plate, Jewels, Houshold-stuff, and Implements of Houshold Leases, and term or terms of years what∣soever, of what name, naure, quality, or condition soever the same be, and in whose hands, custody, or possession soever the same be, or shall or may be found as well in the severall Counties of S. D. and R▪ or lsewhere, within the Realm of England; To have and to hold the same unto the said P. L. and H. D. and their Assigns for ever, to and for the proper use and behoof of the said P. L: and H. D. and their As∣signs, and to no other use, intent, or purpose whatsoever: Of which 〈◊〉〈◊〉 Goods Chattels and Premisses, I the said T: H: have put the said P: L: and H: D: in full and peaceable possession, by the delivery to them of one peice of silver, at the time of the sealing and delivery of these presents; In witness, &c:

Of Goods and Chattels to a mans Son.

TO all to whom &c. R. Ʋ: of &c. Greeting. Know yee, that I the said R. Ʋ. as well for and in consideration of divers Charges, Expences, and Costs, which R: Ʋ: my Son hath had, sustained and been at, in the

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sustentation and maintenance of me the said R: and M: my wife, and of my House and Family; As also for divers other good causes and considerations me therunto especially moving, Have given and grant∣ed, and do give, grant, and confirm to the said R. Ʋ. my Son, all and singular my Goods and Cattell moveable and moveables, as well living as dead, of what kind or sort soever the same be, or whersoever they are, or in whose hands soever the same Goods or Cattell now are, or hereafter may be found. And all manner of Termes and E∣states which I have in any Lands Tenements Possessions or Heredita∣ments to me before this time, by any person or persons demised, set, or to Farm-let, for term of life or years in L. aforesaid, and elsewhere, in the said County of C. And also I have given and granted to the said R. Ʋ. my Son, all and singular Debts and Sums of money whatsoe∣ver, which any person or persons, at the day of the making of these presents, doth, or do owe unto me by force of any Writing Obligatory, Covenant, Bargain, Sale, Contract, or otherwise, for any cause what∣soever,: To have, hold, use, and enjoy, all and singular the aforesaid Goods and Chattels, Estates, Terms, and Debts, and all other the Premisses whatsoever unto the said R. Ʋ. my Son, his Executors and Assigns, to the only use, benefit, and behoof of the said R. Ʋ. and his Assigns for ever: In Witness &c.

Indorsed,

Sealed and delivered the day and year within written, and a penny delivered in the name of the possession of the Goods and Chattels within granted, in presence of, &c.

A Deed of Gift referring to a last Will, with a Clause for power of Revocation.

BE it known to all men by these presents, That I R. H. of &c. for di∣vers good causes and considerations, me moving, and namely for the setling and disposing of such Goods and Chattels as God hath blessed me withall, for the advantage and preferment of my wife and Children after my death, in such manner and form, as is hereafter, and in my last Will and Testament shall be mentioned, expressed, and declared: And for the preventing of questions and controversies that might arise or grow amongst my said Wife and Children touching the same, to their great losse and prejudice, if either I should not dispose therof in my life time, but leave them to the disposition of the Laws in this behalf, or else only bequeath the same by will, according as it is my speciall desire and mind that the same should go and be bestowed; Have given and granted, and by this my present Deed of Gift, do give

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grant and assign unto my well-beloved Friends R. H. Son, R. B. of &c. and T. B. of &c: all and singular my Leases and Terms of years, Plate, Money, Coine, And all and singular my Goods and Chattels, movea∣bles and unmoveables, real and personal, of what name, nature, or qua∣lity soever, whersoever, or in whose hands or custody soever, or in what place or places soever they or any of them be, or by what means or title they are, or have been come unto me from or by E. H. decea∣sed, my late Brother, or by my own means or industry, or otherwise by any waies or means whatsoever: To have and to hold the said Leases, Plate, Money, Coine, Goods, and Chattels, and every part and parcell therof to the said R: H: &c. their Executors and Administra∣tors, to the use and behoof of my last Will and Testament, and to such uses, intents, and purposes, and under such Provisions and Conditi∣ons, and to the use and behoof of such person and persons, for such time and terms, and in such manner and form, as by my last Will and Testament shall be therof mentioned and expressed, limitted and de∣clared; And to no other use, intent or purpose in any-wise.

And moreover know yee, That I the said R. H. have put the said R. H. &c. in full and quiet possession of all my said Leases, Plate, Mo∣ney, Coyn, Goods, and Chattels whatsoever, by the delivery of 4 d. of currant lawfull English money unto the said R. H: the Son &c. in the name and by the way of possession, of all and singular the Premisses mentioned to be given by these presents. Provided, that if I the said R. H. at any time or times hereafter during my naturall life, shall * 1.199 deliver or tender to be delivered unto the said R. H. the Son R. B. &c. or any of them, the sum of 12 d. of lawfull English money, ther∣upon declared, that it is my will and mind, and with intent to make void and frustrate this present Deed, that then and from thenceforth this present Deed and Gift, and every clause, Article, and Branch therof or therin shall be utterly void and frustrate, and that then and from thenceforth, it shal be lawful for me the said R: H: again, To have, hold, enjoy and dispose of the said Goods▪ Chattels, and Premisses, and every part and parcell therof, according to my own will and pleasure, as freely and liberally as if these presents had never been had or made, any thing contained in these presents, to the contrary notwithstanding: In witness &c.

Bills of Sale and Deeds of Gift by Indenure.

THis Indenture &c. made between R. T. of &c. on the one party, and R. T. on the other party, witnesseth, That wheras the said R. T. hath heretofore given and bestowed to and amongst all his Chil∣dren (other then the said R. T. his younger Son) a great part of all his Goods and Chattels, to and for their preferment in marriage, and

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otherwise: And hath also granted unto P. T. his eldest Son, a cer∣tain part and portion of his Messuage, Farm, and Tenement, for the preferment and maintenance of the said P. his wife and Family. And forasmuch as the said R. hath hitherto given or bestowed, little or no∣thing at all unto the said R. who being yet unprovided for, standeth in great need to have the residue of all his said Goods. Now the said R. not only for the causes and considerations aforesaid, but also to and for the end and purpose, that the said R. T. his Executors and Admi∣nistrators, shall and may the better maintain, cherish and keep him the said R: and I. his wife, during the term of their naturall lives, with meat, drink, lodging, apparell, and all other necessaries, in such man∣ner and form as hereafter in & by these presents is mentioned and ex∣pressed: Hath therfore given, granted, bargained and sold and by these presents doth fully, freely, clearly and absolutely give unto the said R. T. all and singular his Goods and Chattels, real and personal, moveable and unmoveable Debts, Sum, and Sums of money, Corn, Grain, Plate, Jewels, Implements of Husbandry, and Houshold, of what, sort, kind, nature, or condition soever the same be, or in whose hands, custody, or possession soever the same shall happen to be found within the Realm of England, together with all the increase, profit, and advantage ther∣of, coming, growing, increasing, or arising; To have and to hold all and singular the said Goods &c. together with all the increase &c. to the said R. T. his Executors Administrators and Assigns, to the sole and proper use of him the said R. T. his Executors &c. for ever, as ful∣ly, freely, and in as ample manner and form, to every intent and pur∣pose, as the said R. T. could, should, or of right ought to have, or enjoy the same, be it by Indenture, Deed, or otherwise. And the said R. T. in consideration therof for himself &c. doth covenant &c. to and with the said R. T. his Executors &c. by these presents, That he the said R: T: his Executors &c. shall and will from time to time, and at all times hereafter, for and during the naturall and severall life and lives of the said R: T: and J. his wife, maintain, find cherish, and keep the said R: and J: and either of them, with competent and sufficient meat, drink, and lodgng, apparell, washing and wringing, and all other things needfull, meet, and necessary for them, according to their de∣gree and calling in every respect: In witness &c.

Notes

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