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.

Covenants and Conveyances for setling of Lands by Fine, Recoverie, &c.

A Covenant for a Recovery by a Writ of Right Patent in London, to strengthen a Lease where the Land is Intailed.

BY Indenture tripertite &c. made between I. T. of L. Widow, and F. T. of L. Goldsmith, on the one party, and W. L. and W. B. of L. &c. on the second party, and W. B. Citizen and Mer∣cer of L. on the third party; Reciting that where the said I. T. and F. T. by their Indenture of Lease dated &c. following the Reel∣tall to the end of the Redend. as by the said Indenture of Lease made between the said J. and F. on the one party, and the said W. B. on the other party, amongst divers other Covenants therin contained, more plainly and at large it doth and may appear.

It is now fully covenanted, granted, concluded, conditioned, con∣discended▪ and agreed between the said parties to these presents, in manner and form following: That is to say, The foresaid J. T. doth by these presents surrender to the said F. T. her Estate in the said Messuage, Garden, and Premisses, upon condition that the same with∣in two months next after the date hereof, be lawfully assured to the said I. for term of her life, without impediment of Wast, with Remain∣der therof, according to the tenor hereunder limited.

And the said F. T. doth covenant, promise, and grant, for him his Heirs Executors and Administrators, to and with he said W. L. W: B: and W. B: and every of them, their Heirs Executors and Administra∣tors, and the Heirs Executors and Administrators, and of every of them by these presents, that for the better assurance of the said W. B. his Executors and Assigns, of, in, and to all the said Capitall Messuages or Tenements and other the Premisses to him demised as is aforesaid, for and during the said term of 21. years; The said F: T. shall permit and suffer the said W. L. and W. B. to pursue and bring the Queens Majesties Writ of Right Patent out of the Queens Majesties Court of Chancery, against the said F. T. to be directed to the Mayor and Sherifs of the City of L- upon which Writ of Right Patent, accordng to the cumstom of the said City of L. for passing of common Recoveries

with Voucher, the said W. L. and W. B. shall demand against the said F. the Capitall Messuage or Tenement, and other the Premisses, by the name of one Capitall Messuage, and one Garden, with the appurte∣nances, scituate lying and being in B. Street neer B. Gate of L. unto which Writ the said F. by himself or by his sufficient Attorney shal appear, and upon defence shall vouch over to Warranty the common Vouchee, wherupon Recovery, Judgment, and Execution may be had, according to the course and order of common Recoveries, with Vou∣cher used within the said City. And it is by these presents covenanted, granted, expressed, condescended, declared, and agreed between all and every the said parties, that they the said W. L. and W: B: and their Heirs, from and immediatly after Judgment and Execution in form a∣foresaid had, shall stand and be seised of all the said Messuage or Tene∣ment and Garden, with the appurtenances, and every part therof and also the said Recovery therof shall be to the severall uses and intents hereafter in these presents mentioned, and to none other use or intent; That is to say, to the use of the said J: T. during her naturall life, with∣out impediment of any manner of Wast, and after her decease to the use of the said F. T. and of the Heirs Males of his body lawfully be∣gotten; And for default of such Issue, to the use of R. T. Citizen &c. and of the Heirs Males of his body lawfully begotten; And for default of such Issue, to the use of J. S. and of the Heirs of the said I. lawfully begotten; And for default of such Issue, to the use of the Right Heirs of the said F. T. for ever, and to none other use; In witness &c.

An Indenture tripertite for setling Lands upon a Marriage.

THis Indenture tripertite made &c. between Ran: Darenpart of the first part, and Rog: Wigston of Wolston &c. of the second part, then are six Feoffees of the third part; witnesseth, That for and in consideration of a Marriage, by the Grace of God, to be had & solemnized between Will: Da. Son and Heir apparant of the said Ran. Da▪ and Eliz. Wigton, eldest Daughter, and one of the Heirs apparant of the said Roger W: and for and in consideration that all and singular the Mannors Messu∣ages Lands Tenements Rents Services Annuities Rectories Parsonages Advowsons and Hereditaments of the said R. D. may come, be, remain, and continue, to all and every person or persons, to whom the same or any of them hereafter are limited, of and in such Estate, under such Proviso Condition Limitation Restraint and Liberty, and in such man∣ner and sort, as hereafter in these presents is likewise limited and spe∣cified, according to the true intent, purpose, and meaning of the said Ra. Da. and also of the said Roger W. It is covenanted, granted, con∣cluded,

and agreed by and betwixt all the said parties to these presents, and every of them with other by these presents, doth covenant &c. in manner and form following (that is to say) First the said R. D. for him his Heirs Executors and Administrators, and every of them, doth covenant, promise, and grant, to and with the said R. W. his Heirs Executors and Administrators, and to and with every of them by these presents, that before or at the fi••st day of M. next ensuing the day of the date of these presents, the said Will. Da. the Son, by the Grace of God, shall marry and take to his wife the said Eliz. Wig. if she the said Eliz. will therunto consent and agree, and the Laws Ecclesiasticall of the Church of England, the same will permit and suffer.

And the said R. VV. for him, his Heirs &c. doth covenant &c. to and with the said R. D. his Heirs &c. and to and with every of them by these presents, that she the said Eliz. VVig. before or at the first day of &c. by the Grace of God, shall marry and take to her Husband the said VV: D: if the same VV. will therunto consent &c. And moreo∣ver the sad R. D. for him his Heirs &c. doth covenant &c. to and with the said R. VV. his heirs &c. that he the said R. D. now is, and at the time of the making and executing of the first Estate, which shall here∣after be had or made to the said Gef: Shakerlax &c. then naming of the Feeoffees, of and in all and singular the Mannors Lands Tenements and Hereditaments of the said R: D: according to the Covenants in these presents comprised, shall be sole seised in his own right and to his own use and behoof as of Fee-simple, or Fee-tail, generall or speciall, without any condition or restraint of alienation, of and in all that the Capitall Messuage or Mannor house, with the Appurtenances, in Hen∣bury, alias Henbury Pextall, in the said County of Chester, common∣ly called the Hall of Henbury, and of and in all and singular Lands Te∣nements &c. to and with the same Messuage or Mannor house, now or at any time heretofore, within the space of 40. years last past, usu∣ally occupied, and accepted, reputed, and taken, as the Demesne Lands therunto belonging, set, lying, and being in Henbury aforesaid. And also of and in one Water Corn Mill, with the appurtenances in Hen∣bury aforesaid, commonly called &c. except the Estate of K. D. Mo∣ther of the said R: D: then fallow the grounds excepted, heretofore assured to and for parcell of the joynture of the said K. for term of her life; And also except the Estate of one R. D: of and in nine acres or therabouts, parcels of the Demesne of the said Mannor of Henbury, which he holdeth for term of his life; And also shall be sole seised in his own Right, of and in all that the Capitall Messuage or Mannor house; with the appurtenances in B. in the said County of Chester, commonly called the Hall of Oyts, and of and in all and singular Lands Tenements and Hereditaments, to and with the same Messuage, now or at any time heretofore, within the space of 40. years last past, usu∣ally

&c. set, lying, and being in Bredbury aforesaid: And also of and in one Water Corn Mill, with the appurtenances in B: aforesaid com∣monly called &c.: And also of and in all those his Mannors of Bred∣bury, Romney, and Wryneth, with their Appurtenances. And moreo∣ver, of and in all that his Moyety of the Mannor of Becheton, with the appurtenances, in the said County of Chester; And also of and in the Reversion and Reversions of all and singular the Messuages Lands Tenements and Hereditaments, with their Appurtenances, here∣tofore assured, to and for the Joynture of the said K. Mother to the said R: D: for term of her life only, and expectant immediatly upon the death of the said K. And furthermore of and in all and singular other the Mannors Messuages Lands Tenements and Hereditaments of the said R: D: set, lying, and being in the said County of Chester.

And the said R: D: for himself his Heirs &c. doth covenant &c. to and with the said Roger Wigston, his Heirs &c. and to and with every of them by these presents, that all the said Mannors Messuages Lands &c. with the Appurtenances, covenanted to be assured, according to the true meaning of these presents, now be, and shall remain and continue for ever, of the ancient yearly Rent of &c. of lawfull &c. over and above all Charges and Reprises.

And the said R: D: for himself, his Heirs &c. and every of them, doth covenant &c. to and with the said Roger Wigston, his Heirs &c. and to and with every of them by these presents, that all and singular the said Mannors Messuages Lands Tenements, Reversions and Here∣ditaments, now are void, or clearly discharged, from time to time, at all times hereafter, shall be well and sufficiently saved harmlesse by the said R: D: his Heirs &c. of and from all and all manner of former Bargains Sales Gifts Grants Alienations Devises Intailes Joyntures Dowers Uses Leases Rent-charge Rent-seck Arrearages of Rents An∣nuities Recognizances Statutes-Merchant, and of the Staple, Iudgments Executions and Conditions Forfeitures Intrusions, and of and from all other charges titles troubles and incumbrances whatsoever, heretofore had, made, or done, or hereafter to be had, made, and done by the said R: D: or by any other person or persons, by his act, means, consent, or procurement, except the Rents-Customs and Services henceforth to be due to the chief Lord or Lords of the Fee or Fees therof. And also except the Dower and Title of Dower, of Mary now wife of the said R: D: of, in, or to the Premisses, or any of them: And also except all and singular Leases, not exceeding the term of three lives, or under, and all and singular Leases for the term of 21. years, or under, wher∣upon the ancient and usuall Rents or more be reserved, and shall con∣tinue payable during such term, wherupon the same be reserved to such person or persons, to whom the Reversion or Reversions therof, by these presents are appointed. And also except one Lease, Demise,

or Grant heretofore made by the said R: D: to Tho: Dar: his younger Son, of one Messuage, with the Appurtenances in B: now or late in the occupation of R: M: and of the Lands Tenements and Heredita∣ments, to and with the same usually occupyed for the term of 100. years, to begin immediatly from and after the death of the same R: if the said T. so long shall live, wherupon the yearly Rent of 20 s. 8 d. is reserved, and yearly payable during that term, to the said R: D: and his Heirs. And also except one other Lease, Demise, or grant hereto∣fore made by the said R: D: to &c. And furthermore the said R: D: for him his Heirs &c. doth covenant &c. to and with the said R: W: his Heirs &c. that he the said R. D. before the said first day of M: next following, after the day of the date of these presents (if the said Marriage be had and solemnized) by his sufficient Deed indented, shall well and sufficiently convey and assure by Feoffment, where Feoffment may be lawfully made, and by other assurance sufficient where Feoff∣ment cannot be law••ully made to the said Geffery Shakerley &c. all and singular the said Mannors Messuages Lands Tenements Reversions Services Rents and Hereditaments, to the only and severall uses in∣tents and behoofs, and under such Proviso Condition Limitation Re∣straint and Liberty, as hereafter in these presents be specified and limi∣ted, and to no other use, intent, or behoof, nor under any other Pro∣viso Condition Limitation Restraint or Liberty (that is to say) of and in the said Messuage, with the Appurtenances, called the Hall of Oyte, and of and in all the said Lands Tenements and Hereditaments, to and with the same Messuage usually occupyed and reputed, and taken, as the Demesne Lands belonging to the said Messuage as aforesaid: And also of and in the said Water Corn Mill called &c. to the use and behoof of the said R. D: for and during all his naturall life, without impeachment of Wast, and after his death, to the use and behoof of Mary now wife of the said R: D: for and during all her naturall life, in name of part of her Joynture, and from & after her death, to the use and behoof of the said W. D. Son of the said R: D: for and during all his natural life, without impeachment of wast, and from and after his death to the use and behoof of the said Elizabeth Wigston, for and during her naturall life, and from and after her death, to the use and behoof of the Heirs Males of the body of the said W: D: the Son, upon the bo∣dy of the said E: lawfully begotten, or to be begotten; And for de∣fault of such Issue, to the use and behoof of the Heirs Males of the bo∣dy of the said William Darenpart the Son, lawfully begotten, or to be begotten, and for default of such Issue, to the use of the Heirs Males of the body of the said R: D. lawfully begotten or to be begotten, and for default of such Issue, to the use of the Heirs Males of the body of the said J. D: Father of the said R: D. lawfully begotten, and for de∣fault of such Issue, to the use of the right Heirs of the said R: D: for

ever. And of and in all those Messuages, Lands &c. scituate, lying, and being in Bredbury B. at W: aforesaid, in the severall Tenures or Oc∣cupations of R: W: S: W: &c. (naming all the Tenements) then say, And the Rents and Reversions therof, to the use and behoof of the said R: D: for and during his naturall life, without impeachment of a∣ny manner of Wast; And after his death, then to the use and behoof of the said M: D: now wife of the said R: D: for and during &c. for and in name of her full and perfect Joynture, and in full recompence of all her Dower: And from and after her decease, then to the only use and behoof of the said W: D: and of the Heirs Males of his body, upon the body of the said E: lawfully begotten, or &c. And for default of &c. then to &c. of the Heirs Males of the body of the said VV: D: begotten, and &c. then to the use of the Heirs Males of the body of the said R: D: begotten, and for &c. then &c. of the Heirs Males of the body of the said J: D. the Father begotten, and for &c. then &c. of the said R: D. for ever.

And that all and every Estate Assurance Conveyance, to be had or made as aforesaid, of all those Messuages Lands &c. with the Appur∣tenances in Bredbury, Romney, VV: B. &c. in the said County of Che∣ster, now or late in the severall Tenures or Occupations of VV: B: &c▪ rehersing all the Tenements names, then say, And of all the Rents and Reversions therof, shall be to the only use of the said R: D: running over the States aforesaid.

Provided alwaies, that if it shall happen the said VV: D. Son of the said R. D. to dye without Issue, either in life or Issue dead, or begot∣ten and not born of his body, upon the body of the said Eliz. VVigston lawfully begotten, that then all and every the use and estate before li∣mited, to the said Eliz. VVig. of all the said Messuages, Lands &c. shall cease and be void. And that then and from thenceforth, all the said Messuage &c. so to her limitted as ••foresaid, shall be to the use of the said R. D. for and during all his naturall life, without impeachment of Wast: And from and after his death, to the use of the said VV. D. Son of the said R. D. and of the Heirs Males of his body lawfully begotten: And for default of such Issue &c.

Provided also that the said M. D. at all time and times after the death of the said R. D. within the space of three months next after, upon rea∣sonable request to be made by the said VV. D. or by his Heirs Males, or by the said Eliz. VVig: or by any other person or persons, to whom any of the said Mannors, &c. are limited in Remainder as aforesaid, at his and their own costs and charges in the Law, shall do and suffer, or cause &c. all and every such reasonable Act, Thing, and Demise, for the releasing, extinguishment, and avoiding of all the Estate, and Title, of Dower of the said M. of, in, or to all and every of the said Mannors Messuages Lands &c. or any of them, as shall be reasonably

advised or devised by the said W. D. or his Heirs Males, or by the said E. VV. or by any other of the said person or persons before named, in Remainder as aforesaid, or else all and singular the said use and estate before in these presents limited to the said M: as aforesaid, shall ut∣terly cease, determine, and be void in the Law, any sentence, clause, matter, or thing in the said presents, in any wise expressed or contain∣ed, to the contrary in any wise notwithstanding. But the said M. shall not be compelled to travell out of the said County of Chester, for the making of any such assurance as aforesaid. And of and in all and singular other the Mannors &c. of the said R. D▪ wherof no certain use is before in these presents declared, to the only use of the said R. D. for and during all his naturall life, without impeachment of Wast: And from and after his death to the use of the said VV. D. the Son, and of the Heirs Males &c. And for default of such Issue to the use of the Heirs Males of the body of the said VV. D. the Son, law∣fully begotten, and for default of such Issue, to the use of the Heirs Males of the body of the said R. D. &c. as aforesaid.

Provided also, and the true intent and meaning of these presents, and of all the said parties to these presents, is, that if the said VV. D. the Son, at any time during the life of the said E. VV. or after her death having any Issue Male in life, of his body upon the body of the said E. VV. lawfully begotten, continuing in life, shall at any time or times hereafter, by any open, publike, or overt Act or Deed, attempt, pra∣ctise, or go about to bargain, sell, exchange, grant, give, or convey all or any of the said Mannors &c. to any person or persons, wherwith or wherby the said Mannors &c. or any of them, may or shall be dis∣continued, avoided, or altered in any other Mannors then in these presents is specified, that then and from thenceforth, all and singular the Estate Right Titie Use and Interest of the said VV. D. the Son, at∣tempting &c. shall utterly cease 〈◊〉〈◊〉. as though the said VV. D the Son were already dead. And that then and from thenceforth all and sin∣gular the said Mannors so attempted &c. so to be discontinued &c. as aforesaid shall wholly come, be, and remain for and during all the na∣turall life of the sald VV. D. the Son, unto the next person and per∣sons, to whom the same next after in and by these presents before are limited and appointed, in such and the same manner and sort as if the s••id VV. D. the Son were already dead, any sentence, clause &c. herein contained &c. And that then and from thenceforth the said Geff. S. &c. naming the Feoffees, and their Heirs, and the Survivor of them and his Heirs, shall stand and be seised, of and in all and singular the said Mannors &c. so attempted &c. to be discontinued &c. to the use and behoof of such person and persons▪ to whom the same before in these presents are limitted and appointed, in such and the same manner &c. as if &c. were already dead,

Provided &c. that it shall and may be lawfull, to and for the said R. D. at all and every time and times, during his naturall life; And also to and for the said VV. D. the Son, after the death of the said R. D. at all and every time and times, during his naturall life, to make such and so many severall Leases, Demises, or Grants, as either of them shall please, not exceeding the term of three lives, or 21. years, from the time of the making of any such severall Lease &c. of all and every, and of so many of the said Messuages, Lands &c. or such or so many therof, as any of them shall please, except the said Capitall Messuage called the Hall of Henbury, and the Demesne Lands therwith usually occupied, Oyte is excepted &c. And except so many of the said Messu∣age Lands &c. as before are assigned, for the Joynture of the said E. VV. wherof the said Tenement with the Appurtenances in the Tenure of the said Roger Locket, to be one as shall amount to the ancient year∣ly Rent of 10 l. so as upon every such Lease or Demise▪ there be duly reserved such and so much Rent yearly, or more, payable at two usu∣all Feasts of the year, as by the more space of 21. years, heretofore hath been reserved and paid, so as the said Rent may be paid yearly, during the said term, accordingly in such and the same manner and sort, to such person and persons to whom the Reversion and Rever∣sions therof, according to the said severall uses before declared, shall appurtain.

Provided also, and the true intent and meaning of all the said par∣ties, is, that it shall and may be lawfull to and for the said R. D. by his Deed or Writing, under his hand and Seal, subscribed in the pre∣sence of four persons at least, grant, limit, and appoint, and to dis∣charge any of the said Premisses (except the Lands &c. appointed for the Joynture of the said Eliz. VV. with one Rent-charge or yearly payment of 40 l. with clause of Distresse yearly payable to such wo∣man as the said R. D. shall hereafter take to his wife, for and in name of her Joynture, and for and during the naturall life of every such woman: And the true intent and meaning of all the said parties &c. This clause is, that the Feoffees shall stand seised, and shall distrain ac∣cording to such Deed or Writing. Then comes in a Proviso that R. D. may charge any of the Premisses, with an Annuity or Rent-charge for any Son herefter to be begotten.

Provided likewise, and the true intent &c. that it shall and may be lawfull to and for the said R. D. to charge any of the said Pre∣misses, except the said Messuages, Lands &c. before appointed for the Joynture of the said Eliz with any Annuity or Rent-charge of 6 l. 13 s. &c. yearly payable at two usuall Feasts in the year, to every of the Sons which he shall hereafter beget on the body of the said Mary his now wife, or of any other wife, or wives, and of the same Annui∣ty or Rent-charge, to make any Grant or Grants by his Deed or

Deeds to every of his said Sons hereafter to be begotten with usual and sufficient clause or words of distress and sum of money (Nomine poene for non-payment therof, or of any part therof the same to be yearly paid at two or more Feasts in the year at the will and pleasure of the said R. D. the same Annuitie or Annuities, &c. to commence and begin only after the death of the said R. D. and to have continuance severally only for and during the several natural lives of the said several Son or Sons of the said R. D. so hereafter to be begotten.

Provided furthermore, and the true intent &c. that it shall and may be lawful to and for the said W. D. the son to charge any of the said Premisses (except the said Messuages, Lands &c. before appointed for the Joynture of the said Eliz. W. with several Annuities or yearly Rents, charges of the sum of &c. for the several preferment of every of his younger son or sons for and during the several naturall life or lives of every such sons with clause of distresse nomine poene.) Provided al∣so, and it is further concluded &c. that if it happen the said R. D. to die, having at his death one only daughter of his body lawfully begot∣ten, the same daughter not married before the time of his death or one only daughter being married in the life time of the said R: D: and any part of her marriage money at the time of his death unpaid, that then for the advancement and preferment of such daughter, if the said R: D: by any Act, Deed or Word so shall appoint in his life time the said W: D: the son, and the Heirs Males of his body, and for default of such issue, then every other person intitled to have the possession of the said Capital Messuage called the Hall of Henbury by vertue of any limitation, or by reason of any Use declared in these presents shal truly pay, or cause to be paid to such only daughter, her Executors or As∣signs the full sum of 40 l. of &c. yearly at, in, or upon the 20^th. day of July, and the 20th, day of December by even portions, at or in the South door of the Parish Church of &c. the same payment to begin at such time as the said R▪ D: shall appoint, and for default of such ap∣pointment at such of the said payable dayes which shalt first happen af∣ter the death of the said R: D: and so to continue untill such yearly payment of 40 l. shall amount and arise to such a sum of money as will extend to pay to such only daughter of the said R. D: as at the time of the death of the said R: D: shall be unmarried the full sum of 500 l. of &c. and also to continue untill such yearly payment of the sum of 40 l. shall amount and arise to such sums of money as will extend to pay to such only daughter of the said R: D. married in his life time, and any part of her marriage money then unpaid, the rest and residue of all such marriage money as shall then remain unpaid, if such sum of money as the said R. D: shall have promised or Covenanted to be paid in mar∣riage with that only daughter do not excced the sum of 500 l. of &c. and if the said R. D. shall happen to have more then one daughter at

the time of his death, the same daughters, or any of them not married before the time of his death, or the same daughters or any of them be∣ing married, and her or their marriage money in part, or in all unpaid at the time of the dearh of the said R. D. (if the said R. D. by any Act, Deed or Word, so shall appoint in his life time, that then for the advancement and preferment of every such daughter the said W. D. the son and the Heirs Males of his body, and for default of such issue then every other person then intitled to have the possession of the said Capital Messuage called &c. by vertue of any limitation, or by reason of any use before declared in these presents, shall truly pay, or cause to be paid to every such daughter her Executors and Assigns the full sum of &c. yearly at, in and upon Ʋt supra, the same payment or pay∣ments to begin at such time as the said R. D. shall appoint, and for de∣fault of such appointment at such of the said payable dayes as shall first happen after the death of the said R. D. and are to continue until such yearly payment of 40l. shall amount and arise to such sums of money as will extend to pay to every such daughter of the said R. D. which before the time of his death shall not be married the full sum of 400. Marks of &c. and also to continue until such yearly payment of 40 l. shall amount and arise to such sums of money as will extend to pay to every such daughter of the said R: D: being married be∣fore the death of the said R. D. or any part or parcel of their or any of their marriage money unpaid, the rest and residue of the saip mari∣age money as shall then remain void, if such sums of money as the said R: shall have promised or covenanted to pay or give in marriage with such daughter or daughters do not exceed the sum of 400. Marks a∣peece. [The proviso for W. D. daughters is to the same purpose.] And it is fully agreed by and between all the said parties to these pre∣sents, that it shall and may be lawful as well to the said R. D. as also to the said W. D. the Son for the further assurance of the true payment of the said several sums of money to their said several daughters as afore∣said to make any manner or manners of Grants, Annuities or any As∣surance or Assurances with such and so many penalties, distresses, for∣feitures of sums of money or otherwise liable unto the said Mannor of Henbury with the appurtenances as to either of them, or to either of their Councel learned in the Law shall seem good, and the same to be of full force and effect in the Law according to the contents therof. But the true intent and full purpose of all the said parties to those pre∣sents, is of none of the said portions of money to be limited or granted to any of the daughters of the said W: D. shall be levied, or attempted to be levied during the life of the said R: D: neither yet untill such time as all the said portion of money to be levied to and for these daughter and daughters of the said R. D. as aforesaid be or may he fully satisfied and paid as aforesaid.

Provided furthermore, and the true intent and meaning of these presents, and of all the said parties to the said presents, is, that if the said R. D. or the said W. D. at any time hereafter during their, or ei∣ther of their lives shall be taken prisoner in manner of Warrs; or if the said R: D: or W: D: at any time hereafter during their or either of their natural lives may not or cannot in and with the sincerity and pu∣rity of Christian Conscience openly and publikely confess and profess the blessed Name of Christ Jesus and the glorious Gospel, safely and quietly within this Realm of England without danger of their, or ei∣ther of their lives, restraint of liberty, or loss of goods or chattels, that then, and in such case it shall and may be lawful as well to and for the said R. D: as also to and for the said W. D: for their or either of their Redemption, Ransom, or Maintenance absolutely or conditionally to bargain, sell, give, grant, discontinue, alter or change any of the said Premisses, to any person or persons not exceeding the yearly value of 10 l. of yearly Rent of Assise, and not being Mannor house, Demesn Lands, Milne or Milnes, or the appurtenances therof nor being any of the said Messuage, Lands &c. appointed for the Joynture, or increase of Joynture of the said Eliz. any thing in the said Presidents to the con∣trary notwithstanding.

Then next followeth Covenant that R. D. and M. his wife will at any time hereafter within five years make better Assurance of all the Premisses at the costs of the said. R. W. his Heirs &c. being not compel∣led to travel out of the County for making therof.

Provided lastly, and the true &c. is that if it happen the said E. W. after marriage between her and the said W: D: to die▪ that then it shall and may be lawful to the said W; D. the Son after the death of the said R, D: or to the said R. D: during the life time of the said R: D: to limit and appoint, to all and every such woman or women other then the said Eliz, W. as hereafter shall be wife or wives of the said W. D. or to any other person or persons to the use of such woman any of the said premises (except the said Messuage called the Hall of Henbury, and the Demesn Lands, therwith usually occupied and except the bands appointed for the Joynture of the said Ma: during her life) for and du∣ring her or their natural life or lives for and in the name of her or their Joynture, so as the same exceed not the value of 100. Marks yearly, And it is further concluded &c. and the true intent &c. is that all and every Demise, Lease, Grant, Alienation, Charge, Appointment, Estate, As∣surance and Conveyance whatsoever hereafter to be had, or made of the said Mannors &c. with their appurtenances or of any parcel therof shall be▪ and that the parties to the same and their Heirs sha••l stand and be seised of the said Mannors &c. whatsoever in form aforesaid to be demised leased granted, aliened charged or appointed as before in the said presents is declared to such only use, intent, purpose and

limitation, as is aforesaid during the continuance of every such Lease, Grant &c. according to the true intent, meaning, and effect of these presents, and to none other use, intent, purpose or limitation, a∣ny thing in these presents contained to the contrary in any wise not∣withstanding. In witness wherof the partyes aforesaid &c.

Covenants, Conditions and Provisoes in Conveyances for setlement of Estates.

THis Indenture &c. Between R. M. of &c. of the one party, and * 1.1 Dame M. W. widow of the other party witnesseth, &c. that the said R. M. doth Covenant &c. that the said Conveyances, and Assurances so to be had, made and executed shall be &c. and that the said Sir Fr. &c. and their Heirs &c. shall stand and be seised of the premisses &c. to the several uses, intents and purposes, and under the Conditions, Provisoes, Covenants and Agreements hereafter, in or by these pre∣sents, set forth, limited, mentioned or declared according to the true meaning of these presents, and to no other use &c. that is to say of all and singular the said Mannor of C. with the appurtenances, and of all the Lands, Tenements Rents, Reversions, Services, Hereditaments and Premisses Cum pertin in C. to the use of R. the father, and M. his wife, for and during the term of their two natural lives, and of the longer liver of them (without impeachment of Wast, during the life of R. on∣ly) and after the decease of R. and M. his wife then to the use of R. the son and of the Heirs males of his body, and for default of such issue then to the use of the Heirs Males of the body of R. the Father legitime procrea•••• and for default &c. to the use of the right Heirs of R. the Father for ever. And of the said Mannor of S. and G. M. Cum pertin. and of all his Lands, Tenements, Rents. Reversions, Services, Heredi∣taments and Premises in S. and G. M. aforesaid to the use of R. the the Son untill the day of the solemnization of the said Marriage. And after the said Marriage solemnized then to the use of R. the son and the said Anne; and of the Heirs Males of the body of R. the son lawful∣ly to be begotten, and for default &c. then to the Father and the heirs Males of his body, and for default of such issue then to the use of the right Heirs of R. the Father for ever, and of the said Mannor of M. with the appurtenances, and of all the said Lands. Tenements, Rents, Reversions, Services and Hereditaments in M. aforesaid with the ap∣purtenances, to the use of R. the Father for life without impeachment of Wast, and after his decease then to the use of R. the Son untill the said marriage had, and after to the use of R. the Son, and of the said R.

and of the Heirs Males of the body R. the same lawfully begot∣ten, and to be begotten, and for default &c. then to the Heirs Males of the body of R. the Father lawfully &c. and then to the right Heirs of R. the Father: all which premisses in S. great M. and M. a∣foresaid limited and appointed to be assured and conveyed to those of Anne are meant and intended to and for the Joynture of Anne, of the Mannor, Messuages, Lands, Tenements and of Hereditaments of R. the Son, and of the said Mannor of C. and S. Cum pertinent. and of all and singular the said Lands, Tenements, Hereditaments and Premisses in C. and S. aforesaid Cum pertinent: to those of R. the Father for life Abs{que} impetitione vasti, and after to R. the Son and Heirs Males of his body &c. and then to the Heires Males of the body of R. the Father, and then to the right Heirs of R. the Father for ever.

Provided alwayes, and it is concluded and Agreed by and between the said parties to these present Indentures for them and their Heirs by these presents, that if the said R. M. the Father shall fortune to over∣live the said Mary M. his wife, and do after intend to marry againe, that then and from thenceforth it shall and may be lawful to and for the said R. M. the Father at all times during his natural life to Assign, Limit, or appoint such and so much of the said mannor of C. with the Appurtenances, and of the said Lands Tenements Rents Reversions Services Hereditaments and Premisses in C. aforesaid (other then &c.) ut infra, or the use therof, as he the said Robert the Father shall think convenient; So that the same exceed not the clear yearly value of 100 l. by year, over all Charges and Reprises, to the use of any wo∣man, who shall for time to be his lawfull wife at the time of his decease, for and during the naturall life of any such wife, for and in the name of her Joynture; So that the Estate of such wife or wives be not made or occupied, to be without impeachment of Wast: And that from and after every such use, limitation, or appoinment, so shall or made to or of any such wife, all and every the said Assurances and Convey∣ances of the Premisses in C. aforesaid, so to be had, made, or executed, as is aforesaid, concerning such and so much therof only, wherof any such assignment, appoinment or limitation, by virtue of this Proviso, shall be so had or made, shall be. And the said Sir F. L. &c. and their Heirs, and the Survivors and Survivor of them, and his and their Heirs shall stand and be seised therof, to the use of such wise, for and du∣ring her naturall life, according to the true meaning of such limitation and thing in these presents contained, to the contrary therof in any wise notwithstanding.

And after such Use or Estate ended or determined, then to the use of every such person and persons, and in such manner and form, and with such Remainders over uses and limitations, and under all and e∣very such Conditions and Provisoes, as the same should have been, if

no such limitation or appointment, by virtue of this Proviso had been made, limited or appointed.

Provided also, and it is likewise concluded and agreed by and be∣tween the said parties to this present Indenture, for them and their * 1.2 severall Heirs by these presents, that it shall and may be lawfull, to and for the said R. the Father, at any time or times during his naturall life, by his Writing or Writings Indented, under his hand and Seal, to assign, limit, or appoint the said Mannor of S. with the Appurtenan∣ces, and all the said Lands Tenements Hereditaments and Premisses in S. aforesaid, with the Appurtenances, or any part or parcell therof, to his younger Sons, or to any of them at his pleasure, for and du∣ring the term of the naturall lives, or of the naturall life or lives of any of them, to and for their perferment in living, and after the de∣cease of them or any of them, to whom any such limitation shall be so made, then to the use of any woman or women, which shall be lawfull wife or wives to any of them, at the time of his or their death, for and during the term of her or their naturall life or lives (so that the same be not made without impeachment of Wast) for and in the name of the Joynture of such wife or wives.

And that from and after every such limitation or appointment so made, all and every the said assurance and conveyance of the Pre∣misses in Shelton aforesaid, so to be had, made, or executed, as is aforesaid, concerning such and so much therof only, wherof any such limitation or appointment shall be so had or made, shall be. And the said Sir F. L. &c. and their Heirs, and the Survivor and Survivors of them, and his and their Heirs, shall stand and be seised therof, to the severall use and uses of every such younger Son, Wife, or Wives, to whom any such limitation shall be so had or made, for and during his, her, and their naturall life and lives, according to the true meaning of such limitation and thing in these presents, to the contrary therof in any wise notwithstanding. And after such use or use, estate or estates, ended or determined, then to the use of every such person and per∣sons, and in such manner and form, and with all such Remainders o∣ver uses and limitations: And under all and and every such Conditi∣ons, and Provisoes as the same should have been, if no such assignment appoinment, or limitation, by force of this Condition had been ther∣of made or appointed.

Provided also, and it is likewise covenanted, concluded, and fully a∣greed * 1.3 by and between the said parties to these Indentures, for them and their Heirs by these presents, that it shall and may be lawfull to and for the said R. M. the Father, by his Writing indented, under his hand and Seal, to assign, limit, and appoint his Capital Mansion house of M. aforesaid, and the Lands and Tenements commonly accounted, used, or occupied his Demesne Lands to the said Capital Messuage, belong∣ing

or appurtaining, to the use of the said M. his now wife, for term of her naturall life, reserving and appointing the yearly Rent of 10 l. of lawfull money of England, to be paid for the same, from and after the death of the said Robert the Father, yearly, during the life of the said M. at the Feast of the Annunciation of &c. Saint Michael &c: by even portions, at the said Capital Messuage of M. aforesaid, to the said Robert Markham the Son, and Anne, and the Heirs Males of the body of the said Rob. the Son, lawfully begotten, and after to such person and persons, as by the limitation aforesaid, shall have the same House and Demesne, the first payment therof to begin at such of the said Feasts as shall first happen, after the decease of the said Robert the Father. And that from and after such limitation and appointment so had or made, the said Assurances and Conveyances shall be, and the said Sir Francis &c. and their Heirs, and the Survivors and Survivor of them, and his and their Heirs shall stand and be therof seised, to the only use of the said M. and her Assigns, according to such limitation as shall be so had or appointed: So that the said Mary and her As∣signs, do pay or cause to be paid yearly during her life, the said Sum of 40 l. in manner and form before mentioned, expressed, and ap∣pointed; And after the death of the said Mary, or of the determina∣tion of her said Estate or use therin by any waies, then to the use of the said R. M. the Son, and of the said A. and the Heirs Males of the body of the said R. lawfully begotten, and after to the use of such person and persons, and in such manner and form, and with all such Remainders over, uses and limitations, and under all and every such Conditions and Provisoes, as the same should have been, if no such as∣signment, appointment, or limitation, by force of this Proviso, had been therof made or appointed, any thing &c.

Provided also, and it is likewise concluded and fully agreed, by and between the said parties to these Indentures, for them and their seve∣rall Heirs by these presents, where the said R. M. the Father, by one Indenture tripartite, made between the said R. M. the Father, of the one party and Tho: S. Esquire, of the second party, and the right ho∣nourable Sir S. Knight, Chancellour of the Dutchy &c. of the third party bearing date 18. Maij An. 19. Eliz. hath granted to the said Tho. Sad. one Annuity or yearly Rent of 100 l. by year, issuing out of the said Mannor of C. from the day of the date of the said Inden∣ture, for and during the term of ten years then next following, as by the said Indenture more fully and at large doth and may appear.

That for the advancement and preferment of such Daughters of the * 1.4 said M. the Father, as shall not be married before the decease of the said Robert the Father, the said Robert the Son, and the Heirs Males of his body, and for default of such Issue, such other person and persons, to whom the said Mannor of C. with the appurtenances, shall or ought

to come, after the decease of the said Robert, the Father in tayl, ac∣cording to the limitation of these presents, shall yearly, after the de∣cease of the said Robert the Father, and after the end of the said ten years, pay, or cause to be paid the Sum of 100 l. of lawfully money of England, yearly, unto such of the said Daughters as shall not be married before the decease of the said Robert the Father, untill every such Daughter shall have received the Sum of 200 l. a peice, for and toward her and their preferment in Marriage, or otherwise, the same to be yearly paid at the Mannor House of C. aforesaid, upon the Feast daies of the Annunciation, and Saint Michael &c. by even portions: And if it happen any default to be had or made of, or in the said pay∣ment of 100 l. by year, as is aforesaid, that then from and after any such default, the said Assurances and Conveyances shall be in the said F. L. And the said F. L. P. W. T. M. and A. M. and their Heirs, and the Survi∣vors and Survivor of them & his and their Heirs shall stand seised of all such part and parcell of the said Mannor of C: and of the said Pre∣misses in C. (saving the Mannor House and Park in C. aforesaid, with the Appurtenances) not exceeding the clear yearly value of 100 l. by year, as the said R. M. the Father, shall by Writing, under his hand and Seal, in his life time, or by his last Will and Testament in Writing expresse and appoint: To the use of every the said Daughter and Daughters which shall not be married before the death of the said Ro∣bert the Father, untill every of them of the Issues and Profits therof, and of such part of the said Sum of 200 l. a peice as the said R. the Son, his Heirs or Assigns, shal before that time have paid, shal have received and had, or conveniently might have received and had the said Sum of 200 l. of lawfull money of England, and after every such Estate and Use ended, then to the use of every such person and persons, and in such manner and form, and with such Remainders over, uses and limi∣tations, and under all and every such Conditions and Provisoes, as the same should have been if no such Assignment or limitation had been therof made any thing &c.

Provided likewise, and it is also Covenanted &c. Ʋt supra, that it * 1.5 shall and may be lawful to and for the said R. M. the Father at any time or times during his life by his Writing Indenture to be made be∣tween him and any other person or persons, to Lease, Grant and De∣mise any part or parcel of the Premisses before time usually demised or leased (the said Lands, Tenements and Hereditaments in S. great M. and M. only excepted) to any person and persons at his pleasure, so that every such Lease and Grant be made of Lands and Tenements in Possession and not in Reversion, and so that no such Lease or Grant be made without impeachment of wast, nor for any longer time then for twenty one years, or three lives, from the date of every such Lease, and so that upon every such Lease, the old Accustomed Rent or more

be reserued and yearly payable during the terms therin contained at the Feast or dayes usuall to such person and persons to whom the use therof is before by these presents limited, and that after every such Lease to be made the said Assurance containing every such parcel of the Premisses as shall be so Leased, Granted or Demised, shall be; And the said Sir F. L. &c. and their Heirs, and the Survivors and Survivor of them, and his and their Heirs, shall stand and be seised of all such Lands Tenements and Hereditaments leased, to the use of e∣very such Lessee or Grantee. according to the true meaning of every such Lease so long, during the term in every such Lease contained, as the said person or persons to whom any such Lease shall be made, or his Assigns, doth truly pay the Rent reserved upon his said Lease, at the daies therin for that purpose mentioned, or within 20. daies then next following, to him or them who shall have the use therof in possession; And after the end of every such Lease, then to the use of every such person and persons, and in such manner and form, and with such Remainders over, Uses, and Limitations, and under all and every such Conditions and Provisoes, as the same should have been, if no such Lease, Assignment, or Limitation, by force of this Proviso had been therof made, any thing before mentioned, to the contrary therof in any wise notwithstanding.

And the said R. M. the Father, doth further covenant with the said * 1.6 Dame M. by these presents, that the said R. of his own costs & charges, from and after the said Marriage, shall and will well and decently keep and maintain the said R. the Son, and the said Anne, and all such Children as they shall fortune to have between them lawfully begot∣ten: And shall also keep for the said Ro. the Son, and the said Anne one Servant woman, and two Servant men, with sufficient meat drink, fuell, and Lodging; And shall also keep for the said Rob: the Son three Geldings Winter and Sommer, during the naturall life of the said ••ob: the Father, if the said R••b: the Son, and the said Anne so long should fortune to live, and will so long accept the same.

And further that if at any time after the end of 5. years and 6. months, next after the date of these Indentures, the said Robert the Son, and the said Anne shall fortune to mislike therof, or shall bet∣ter like to keep house themselves, and will refuse the allowance appoin∣ted unto them by this Covenant. Then the said Robert the Father, in consideration therof, and for their better maintenance, shall and will by his sufficient Deed in Writing, Demise, and Lease, unto the said Robert the Son, one Messuage, Farm, or Tenement in C. aforesaid, now in the Tenure, Possession, or Occupation of John Benet, or of his Assigns, and which was before late in the Tenure or Occupation of one T. E. or of his Assigns, with all the Lands Tenements and He∣reditaments therunto belonging, or to or with the same heretofore

usually occupied, with all and singular the Appurtenances; To have to him the said Robert the Son, from the end of the said five years and six months, next after the date hereof, or from the time that he shall refuse the said allowance as aforesaid, for and during thr term of the naturall life of the said Robert the Father, the said Robert the Son, yeelding and paying therof yearly during the said term to the said Ro∣bert the Father, the yearly Rent of 15 s. at the terms there usuall: And that the said Messuage or Tenement after the said Lease to be made, shall be and continue, during the life of the said Robert the Fa∣ther, clearly acquitted, exonerated, and discharged, or otherwise sa∣ved harmlesse, of all other Charges and Incumbrances had, made, done or suffered by the said Robert the Father, the said 5 l. and 5 s. onely excepted.

Provided alwaies, and it is further agreed by and between the said * 1.7 parties to these presents. And the said R. M. the Father, doth cove∣nant and grant, for himself, his Heirs Executors and Administrators, to and with the said Dame Mary W. her Executors and Administra∣tors, that if it fortune the said Robert M. the Son to dye, during the life of the said Robert the Father, leaving Sons, between him and the said Anne lawfully begotten, then the said Robert the Father, shall by his Deeds indented, Sealed with his Seale, wherof the said Robert shall deliver or cause to be delivered the one part to the said Dame M. her Executors or Administrators. give, grant, limit, and appoint unto e∣very one of the Sons that shall happen to be begotten, of the bodies of the said Robert the Son, and Anne (except such as shall be the Heir ap∣parant of the said Robert the Son) unto every of them severally by his severall Deed or Deeds indented, to be Sealed with his Seal, one Annuity or yearly Rent of 10 l. a peice; To have and to hold from the decease of the said Robert the Son, for and during the life of every such Son, issuing and going out of the said Mannor of C. and of all the said Lands Tenements and Hereditaments in C. aforesaid (sa∣ving the said Mannor House of C. and the said Park of C.) to be paid at the Mannor House of C. aforesaid, at the said Feasts of Saint Michaell the Arch-angell, and the Annunciation of our Lady, by even portions: And that he the said R. M. the Father, shall in every of the said Deeds further limit and appoint, that if it happen any default of payment to be had or made, of or in the said severall Annuities or yearly Rents, or any of them, that then the said Estate shall be, and the said Sir F. L. P. W: T. M. and H. M. and their Heirs and the Survivor of them, and his and their Heirs shall stand and be seised, of and in so much of the said Lands and Tenements in C. a∣foresaid (except the said Mannor House of C. and the said Park of C:) as shall be of the clear yearly value of 10 l. to and for every such Son, to whom any such Gift, Grant, Limitation, or Appointment,

shall be so had or made, the said Lands to be expressed and set out in every of the said Deeds in certainty: To have and to hold the same to the use of every such Son, unto whom any such default of payment shall be had or made, for and during the term of his naturall life, and after the decease of every such Son, then to the use of every such per∣son and persons, and in such manner and form, and with all such Re∣mainders over Uses and Limitations, and under all and every such Con∣ditions and Provisoes, as the same should have been, if no such new Assignment by virtue of this Proviso had been made.

Provided also, and it is likewise agreed: And also the said Robert * 1.8 the Father, for himself, his Executors and Administrators, doth further covenant with the said Dame M. her Executors and Administrators, by these presents, that if it fortune the said R. M. the Son to dye, du∣ring the life of the said R. the Father, leaving Daughter or Daughters between him and the said A. lawfully begotten; That then the said R. the Father, shall and will by his Deed Indented, Sealed with his Seal, wherof the said Robert the Father shall deliver or cause to be de∣livered the one part to the said Dame M. her Executors or Admini∣strators, grant, limit, and appoint, that he the said Robert the Father, and every such person and persons, to whom the said Mannor of C. with the appurtenances, and the said Premisses in C. aforesaid, shall or ought to come after the death of the said Robert the Father in tail, according to the limitation of these presents, shall yearly after the end of the said ten years, mentioned in the said tripartite Indenture, and after the time that the said Sums of money limited and appointed to be paid to the said Daughters of the said Robert the Father, shall or may be received, or run up, according to the true meaning, intent, and li∣mitation aforesaid, content and pay, or cause to be paid to every of the said Daughters that shall happen to be begotten of the bodies of the said Robert the Son, and Anne, then living, the Sum of 100 l. a peice, for and towards their preferment and advancement, the same to be paid after the rate of 100 l. yearly, to every of them orderly, ac∣cording to their severall ages, at the Mannor House of C. aforesaid, upon the said Feast daies of the Annunciation of &c. and Saint Mi∣chael the Arch. angel, by even portions, untill every such Daughters shall have received 100 l. a peece: And that if it happen any default to be had or made, of or in the payment of the said Sum of 100 l. a peice to every or any of the said Daughters, or any part therof, that then the said Sir F. L. &c. and their Heirs, and the Survivor of them, and his and their Heirs shall stand and be seised of and in so much Lands Tenements and Hereditaments in C. aforesaid (wherof the said Mannor House and Park of C aforesaid, to be no parcell) as shall be of the clear yearly value of 100 l. to be likewise expressed and set out in the said Deed in certainty, to the use of every such Daughter of

the said Robert and Anne, for and untill such time as every such Daughter of the Issues and Profits therof shall have received and had, or might have received and had the full Sum of 100 l. a peice, or so much therof as shall be behind and unpaid at the time of any such de∣fault, for and towards her preferment and advancement as is aforesaid; And after to the Use and Uses of every such person and persons, and in such manner and form, and with all such Remainders over, Uses and Limitations, and under all and every such Conditions and Provisoes, as the same should have been, if no such new Limitation, by virtue of this Proviso had been therof had, or made.

And furthermore the said R. M. the Father, doth covenant &c. to and with the said Dame M W. her Executors and Administrators, that the said Mannors Messuages Lands Tenements and Hereditaments in S. great M. and M. aforesaid mentioned and appointed to be assu∣red and conveyed to the use of the said Robert the Son, and Anne Warb. for her Joynture as aforesaid, at the Sealing and Delivery hereof, are, and be of the clear yearly value of 100 l. over and above all Charges and Reprises; And during the life of the said Anne, shall remain and continue of the said yearly value, any thing heretofore done, or here∣after to be done by the said R. M. the Father, or any other by his means, consent, or procurement, to the contrary notwithstanding.

And that the said A. W. and her Assigns, if she over live the said R. M. the Son, by virtue of the said assurance to be made as is afore∣said, shall or lawfully may have, hold, occupy, and enjoy the said Man∣nors Messuages Lands Tenements and Hereditaments in S. great M. and M. aforesaid, mentioned and appointed to be assured and convey∣ed to the use of the said Anne for her Joynture, and is aforesaid, ac∣cording to the form, intents, limitations, and meanings in these pre∣sents contained and expressed, quietly and peaceably, without any lawfull let, trouble, or interruption of the said R. M. the Father, his Heirs and Assigns, or any other, claiming by or from the said Rob: the Father, or under his Estate (Leases made before the Feast of Saint Michael the Arch-angel, last past, for the term of three lives, or un∣der, or twenty years or under, wherupon the accustomed Rents and Services, or more are reserved and payable yearly to the said Rob: the Father, his Heirs and Assigns, during every such term, contained in e∣very such Lease, and the said Lease or Grants before in these presents limited and appointed to be made of the said Capitall Messuage of M. and the Lands and Tenements commonly accounted, used, or occupi∣ed, as Demesne Lands, to the said Capitall Messuage belonging or ap∣purtaining to the use of the said Mary, wife to the said R. M. the Fa∣ther, for the term of her life, wherupon the yearly Rent of 40 l. is, or shall be re••erved and payble as is aforesaid, during the said term, al∣waies excepted and foreprised.)

In consideration of which said Premisses the said Dame Mary W. doth Covenant to pay to R. M. the elder one thousand pounds of law∣full money of England, in manner and form following, viz. 500 l. be∣fore or upon the day of the Marriage of R. M. the son, and Anne, and 300 l: &c. and 200 l. &c; In Witness &c.

An Indenture to lead the use of Recovery.

THis Indenture made &c. Between A. B. of C. &c. Gent. of the one party, and E. F. of G. and H. I. of &c. Gent. and L. M. &c. Gent. of the other party Witnesseth, That for and in consideration of * 1.9 a good and perfect Assurance to be had and made of all and singular the Lands, Tenements, and Hereditaments hereafter in these presents mentioned. It is Covenanted, Granted, Condiscended and Agreed upon between the said Parties by these presents, And the said A. B. * 1.10 for himself, doth Covenant and Grant to and with the said E: F. and H. I. their Heirs &c. That he the said A. B. shall and will before the Feast of &c. next ensuing the date hereof suffer the said E. F. and H. I. to bring and sue out of the Kings Majesties Court of Chancery, one Original Writ of Entry upon the Dissesm in the Post against the said A. B. directed to the Sheriffe of the County of L. returnable be∣fore the Justices of the Common Pleas at Westminster, at a certain day in the same Writ to be contained. In which Writ the said E, F. and * 1.11 H. I. shall demand against the said A. B. all the Messuages and Lands called &c. in the Tenure or Occupation of &c. lying and being in &c. and that he the said A. B. to the said Writ shall appear before the said Justices at the day of the return therof in proper person or by Atturny lawfully Authorized in the Law; after which said appearance the said E. F. and I. H. upon the said Writ shall declare against the said A. B. after which Declaration the said A: B. shall make defence and Vouch the common Vouchee to Warrant, and the said common Vouchee shall therupon appear before the said Justices, and enter into warranty in his own proper person, and after declare against him according to the nature of the same Writ, and the Vouchee shall imparle, and after such imparlance make default and depart in despite of the Court, to the in∣tent that a good perfect Recovery and Judgment may be had against the said A. B. and so over against the Vouchee according to the course of common Recoveries in that case used, and Judgment and Executi∣ons therupon had by the said L. M. &c. their Heirs and Assigns a∣gainst the said E: B: and all others, by, from or under his Estate and interest, and after such Recovery, Judgment and Execution, had from thenceforh shall stand and be seised of the said Messuages, Lands and

Tenements, and after the Premisses with their Appurtenances before mentioned to the only proper use and behoof of the said A. B. his Heirs and Assigns, of a good and perfect Estate in Fee-simple, and to no other intent or purpose whatsoever. In witness &c.

For suffering a Recovery to make a Fee-simple.

THis Indenture &c. Between A. B. of &c. Esquire, on the one part, and C. D. of &c. Gent. and E. F. of &c. Gent. and C. H. and I. L. of the other part Wit. That the said A. B. party to these presents, is and standeth seised of an Estate of an Inheritance in Fee-Taile general, viz: to him, and to the Heirs Males of his body lawfully begotten, with di∣vers Remainders, over, of, and in divers Mannors, Lordships, Parso∣nages Tithes, Lands, Tenements and Hereditaments, with the appur∣tenances, set, lying and being in the several Counties of D. and S. and hereafter more particularly named. And wheras the said A. B. is reso∣lutely determined to clear his said Mannors, Lands, Tenements, and the Estate and Title therof, of all former Estates and Uses, and Limita∣tions of Uses and Estates, and Uses in Taile which have been therof for∣merly made, to the intent & purpose, that the said Mannors Messuages, Lands and Tenements may be established unto the said A. B. and his Heirs for ever. And that the said A. B. may have a good and absolute Estate in Fee-simple of, and in the same; and also full Power and Abi∣lity of all the said Mannors Lands Tenements and Hereditaments in these presents specified, to make Estates and to limit Uses therof, ac∣cording as it shall seem good unto him.

Now therfore the said A. B. for the more sure and better perform∣ance * 1.12 of his indented purpose for himself, his Heirs &c. and every of them, doth covenant, grant, conclude, condiscend, and fully agree, to and with the said C. D. and E. F. their Executors &c. and to and with every of them by these presents, That he the said A. B. shall and will on this side, or before the Feast of &c. next coming, by his sufficient Deed or Indenture inrolled on Record, or other his Deed of Feoffment in Writing under his hand and Seal, by him the said A. B. in his own person, lawfully and perfectly to be executed; Give grant convey and assure unto them the said C. D. &c. and their Heirs, and the Survivor of them and his Heirs, all and singular those his Mannors Lordships Lands Tenements Rents Reversions Services and Heredita∣ments, with all and singular their Appurtenances, lying and being in &c. and the Reversion and Reversions, Remainder and Remainders of the same. And likewise all those his Mannors or Lordships of &c. with all and singular their Appurtenances; To the intent and pur∣pose

only, that they the said C. D. and E. F. and their Heirs, and the Survivor of them, may become perfect Tenant or Tenants of the Free-hold of the Premisses, so as lawfull Recoveries with double Vou∣chers may be had by the said G. H. and I. L. or by the Survivor or Sur∣vivors of them against them the said C. D. and E. F. and their Heirs, or the Survivor of them and his Heirs, to, for, and according to the uses, intents, limitations, provisoes, and agreements hereafter in these presents limited, expressed, declared, or intended: And for the better and more perfect declaration of the use, uses, intent, purpose, mean∣ing, cause and considerations, as well of the making of the said Inden∣tures, or Deed of Feoffment indented, and the execution therof: And also of the acknowledging and sufferings of such said Recoveries so therof covenanted, mentioned, or intended to be had and acknowled∣ged as aforesaid.

It is further covenanted, granted, and fully agreed, by and between * 1.13 all the said parties to these present Indentures for them and every of them, and for their and every of their Heirs, that the said Deed of Fe∣offment, assurances therof before covenanted to be had and made of the said Premisses, unto them the said C. D. and E. F. and their Heirs, and the Survivor of them and his Heirs, shall be to the use of the said C. D &c. and their Heirs, for and during, and untill such time as they the said G. H. and I. L. and their Heits, or the Survivor of them and his Heirs, shall and may without any fraud or covin, according to the or∣dinary course of common Recoveries, might have recovered the same Premisses against the said C. D. or their Heirs, according to the true meaning of these presents.

And further it is fully agreed by all the said parties to these presents, That after such Recoveries had as is aforesaid, as well the said Feoff∣ment and other Assurances, as also all such Recovery and Recoveries so to be had or suffered, of and upon the said Mannors and Lordships, and other the said Messuages Lands Tenements and Hereditaments, and other the Premisses, or any part or parcell therof, according to the true meaning of these presents, by and immeditaly after the suffer∣ing of the same, shall be and shall be adjudged, construed, and taken to be.

And also that they the said G: H: &c. and their Heirs, and the Sur∣vivor of them and his Heirs shall stand and be seised of, for, and touching all and singular the said Mannors and Lordships, and other the aforesaid Messuages, Lands Tenements, Rents, Reversions, Services and Hereditaments, and all other the Premisses, with all and singular their appurtenances, and every part and parcel therof, wherof such said Recovery or Recoveries, shall be suffered, to and for the only use and behoof of the said A: B: party to these presents, and his Heirs for ever, and to no other use, intent, or purpose in any wise, any use,

limitation of use or other conveyance or assurance therof former∣ly made in any wise notwithstanding.

And lastly, it is Concluded and Agreed between the said parties; and the said A, B, for him and his Heirs, doth Covenant and Agree to, * 1.14 and with the said C: D: and E. F. by these presents, that if the said Deed of Feoffment, shall not, or be not perfectly made and executed in part or in all before the said Feast of &c. next comming, That then and from after the said Feast day, the said A, B. and his Heirs, and all other person and persons that now are or before the said Feast day shal be seised of the said Mannors, Messuages Lands, Tenements, & other the Premisses or any part therof, for, and in consideration of the Advan∣cement of the Bloud and Issues of the said A. B. as well Sons as Daugh∣ters, and for the intent perfect Recoveries may therof, and of eve∣ry part therof be suffered and had against the said C: D: and E: F: or the Survivor of them, shall stand and be therof, or of such part therof, wherof no such perfect Execution shall be had to the use of the said C: D: and E: F: and their Heirs until such time as such Recovery or Recoveries shall or may be suffered and had, as is aforesaid, and after wards to the use of the said A: B: and his Heirs for ever. In witness, &c.

For the keeping of a Child and his Portion.

THis Indenture &c. between A. B. of C. in the County of L. Gen∣tleman, of the one part, and C. D. of &c. Gentleman, of the other part, witnesseth, That the said A. B. for divers good causes and con∣siderations, him therunto moving, and especially for and in conside∣ration of the Sum of &c. unto him the said A. B. by the said C. D. at and before the ensealing and delivery of these presents, well and truly contented and paid, wherof and wherwith the said A. B. doth ac∣knowledge himself fully satisfied, contented and paid: Hath covenan∣ted &c. and by these presents doth covenant &c. for him his Heirs Executors and Administrators, to and with the said C. D. his Exe∣cutors and Administrators by these presents, That he the said A. B. his Heirs Executors Administrators or Assigns, upon his or their own pro∣per costs and charges, shall and will find and keep at School, or cause to be found and kept with sufficient and wholsome meat drink, cloaths, books, and lodging one O. D. Son of the said C. D. meet and conve∣nient for him to have, from the day of the date of these presents, for and during the term and time of ten years, from thence ensuing, fully to be compleat, ended, and determined, if the said O. D. so long shall live, and at or in the end of the said ten years, shall and will repay unto the said C. D. his Executors or Assigns, the said Sum of &c. of

good and lawfull money of England. Provided alwaies and covenan∣ted, concluded, and fully agreed by and between the said parties to these presents.

And the said A. B. for himself, his Heirs Executors and Admini∣strators, doth covenant, promise, and grant, to and with the said C. D. his Executors Administrators and Assigns by these presents; That if it please God to call the said O. D. out of this transitory life, before the expiration of the said term of ten years, that then he the said A. B. his Heirs Executors Administrators or Assigns, or some of them with∣in one whole year, next after the day of the decease of the said O. D. shall and will repay or cause to be repaid unto the said C. D. his Exe∣cutors Administrators or Assigns, at one whole and entire payment, the said Sum of &c. without fraud or further delay. And also pro∣vided, and is covenanted, concluded, and fully agreed by and between the said parties to these presents, that if the said C. D. his Executors Administrators or Assigns, at any time hereafter during the said term of ten years, do or shall mislike or find fault with the keeping or find∣ing of the said O. D. as aforesaid, and shall give notice or warning therof unto the said A. B. his Executors or Administrators, that then the said A. B. his Executors or Administrators, within one whole year next after notice given as aforesaid shall and will re-deliver and pay, or cause to be re-delivered and paid unto the said C. D. his Executors Administrators or Assigns, not only the said Sum of &c. in one whole and entire payment: But also the said O. D. if he shall be then living. And further provided and it is likewise covenanted, concluded, and fully agreed by and between the said parties to these presents, that if the said A: B. his Heirs Executors or Administrators, do at any time hereafter during the said term of ten years, mislike of the keeping maintaining and finding of the said O. D. as aforesaid, and not only give unto the said C. D. her Executors or Administrators, one whole years notice and warning of his or their such dislike: But also do at the end of the said year, well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns, at or in &c. at one whole and entire payment, the said Sum of &c. That then, and from and immediatly after such notice, warning, and payment made of the said Sum of &c. as aforesaid, he the said C. D. his Executors Admini∣strators or Assigns, shall and will disburthen and release the said A. B. his Heirs Executors and Administrators, and every of them, not only of and from the finding, keeping, and maintaining of the said O. D. as aforesaid, but also of the said Sum of &c. as if these presents had ne∣ver been had or made, any thing before in these presents mentioned to the contrary therof in any wise notwithstanding.

And finally for the sure and true performance and accomplishment of all and singular the Articles, Covenants, Grants, and Agreements

above recited, which upon the part and behalf of the said A. B. his Heirs Executors or Administrators, are or ought to be observed, per∣formed, fulfilled and kept, the said A. B. is contented to stand bound unto the said C. D. by his Writing Obligatory, dated with these pre∣sents, in the Sum of &c. of good and lawfull money of England: In Witness &c.

For levying of a Fine to strengthen a Lease before made in Reversion.

THis Indenture &c. between W. D. of &c. in the County of L. Esq; and S. his wife, of the one part, and R. B. of &c. of the other part, * 1.15 witnesseth, That wheras the said W. D and S. his wife, by their Inden∣ture of Lease, bearing date &c. Have demised and let to Farm to the said R. B. and his Assigns, for the term of one and twenty years next ensuing, after the death of the Survivor or longer liver of M. wife of the said R. and H. L. Sister of the said M. or from the end of one Lease determinable upon their lives, all that one Messuage or Tenement, and all Lands Meadows Closes Pastures and Closures of Land Common of Pasture and Turbary, to the said Messuage or Tenement belonging or appurtaining, or with the same usually occupied, demised, or letten, or accepted, reputed, taken, or known, as part, member, or parcell therof, scituate, lying, and being in B. aforesaid, then or late in the Tenure or Occupation of the said R. B. for certain yearly Rents and Services to be paid and done for the same.

And wheras also the said W. D. and S. his wife, by the same Inden∣ture did also covenant and grant to and with the said R. B. his Exe∣cutors and Assigns, and every of them, to make all such further assu∣rance or assurances of the Premisses, to the said R. B. and his Assigns, for the term aforesaid, as should be reasonably devised by the said R. B. or his Assigns, or his or their learned Councell, as by the said In∣denture of Lease, it doth and may more at large appear.

Now the said W. D. and S. his wife, for the accomplishment of the said Covenant and Grant mentioned in the said Indenture, and for the good and perfect assurance of the same Premisses to the said R. B. according to the tenor and effect of the said Indenture. Do covenant and grant for them, and the Heirs and Assigns of the said W. to and with the said R. B. his Executors and Assigns, that they the said W. D. * 1.16 and S. shall and will at the next Assizes, or generall great Sessions, for Pleas to be holden at C. in the County of C. before the Queens Ma∣jesties Justices, or their Deputies there for the time being, levy and ac∣knowledge a Fine with Proclamations to T. R. and I. A. Yeomen, of the

same Premisses, by the name of one Messuage, one Garden, twenty acres of Land, ten acres of Meadow, twenty acres of Pasture, and four acres of Turbary, with their Appurtenances in B. and the same shall acknowledge to be the right of the said T. R. and I. A. as these which the said R. and I. A. have of the Gift of the said W. D. and S. and the same shall remise and quit claim for them and their Heirs to the said R. and I. and the Heirs of the said T. for ever.

And furthermore the said W. D. and S. and the Heirs of the said W. * 1.17 shall by the same Fine warrant the same Premisses to the said R. and I. A. and the Heirs of the said T. against all men for ever: And so shall suffer the same Fine and Proclamations therupon, to proceed accord∣ing to the common course of Fines and Proclamations within the said County of Chester.

And it is agreed between the said parties, that the said Fine so to be * 1.18 levied and acknowledged as is aforesaid, shall only extend to the Lands and Tenements mentioned and expressed in the said Indenture of Lease, and to none other Lands or Tenements in any wise.

And shall likewise after the levying and ingrossing therof, be adjudg∣ed, taken, and reputed to be, to and for the preservation of the E∣state of the said R. B. and his Assigns, in and to the same Premisses contained in the said Indenture of Lease, for and during the Term mentioned in the said Lease.

And that then the said W. B. and S. and the Heirs of the said W. shal stand and be seised therof to the use of the said R. and his Assigns, for and during the term before specified, according to the intent and mea∣ning of the said Indentures of Lease.

And after the determination of the said term, to the use and behoof * 1.19 of the said W. D. and the Heirs of the said W. for ever, and to no other use, intent, or purpose in any wise: In witness &c.

VVherby the Father covenanteth with his Son and Heir apparant, to Estate him and his wife in certain Lands before a day limited.

THis Indenture &c. between Ri. H. of &c. in the County of L. Gen∣tleman of the one part, and Ra. H. Son and Heir apparant of the said Ri of the other part, witnesseth, That it is covenanted, granted, concluded, and agreed by and between the said parties to these pre∣sents, in manner and form as hereafter followeth. That is to say First the said Ri. H: doth covenant, grant, conclude and agree, to and with the said Ra. H. his Executors and Administrators by these presents;

That he the said Ri. shall and will at and upon the reasonable request, costs and charges of the said Ra: or his Assigns, before the Feast-day of &c: next after the date hereof, demise, grant, and passe over to the said Ra. H. and B. his wife, and their Assigns, one Messuage or Tene∣ment of him the said Ri. H. scituate, lying, and being in H. neer W. in the said County of L. late in the Tenure or Occupation of I. L. of H. aforesaid Yeoman, deceased: And all the Houses, Edifices, Build∣ings, Lands, Tenements and Hereditaments therunto belonging, with their and every of their appurtenances whatsoever, containing by estimation &c. To have, hold, occupy, and enjoy the said Houses Buildings Lands Tenements, and all other the Premisses, with their Appurtenances, unto the said Ra. and B. his wife, and their Assigns, from the 10. day of J. which shall be in the year of our Lord God, ac∣cording to the Computation of the Church of England &c. for and during the term of forty years from thence next ensuing, and fully to be compleat and ended, if the said Ra. and B. his wife, or either of them so long do live, yeilding and paying therfore yearly during the said term to the said Ri. H. his Heirs and Assigns, one Pepper Corn at the Feast of P. (being lawfully demanded) for all and all manner of Rents, Suits, Services, and Demands whatsoever.

And the said Ri. H. doth also covenant &c. to and with the said R. his Executors and Administrators by these presents, That he the said Ri. shall and will before the Feast of &c. next at and upon the reaso∣nable request costs, and charges of the said Ra. or his Assigns, con∣vey, assure, and passe over unto the said Ra. H. and to the Heirs Males of the body of the said Ra. lawfully begotten, or to be begotten upon the body of the said B. or any other woman whom he the said Ra. shall after the decease of the said B: fortune to marry▪ All such an∣cient Lands Tenements Rents Reversions Services and Hereditaments, of him the said Ri. in F▪ H. and M. in the County of L. which did descend and come to the said Ri. from I. H. deceased, Father of the said Ri. as Son and Heir of the said J. together with one acre of Land, lying and being in H. aforesaid, which the said Ri. had by exchange of and from I. S: of S: in the said County of L. Esquire, for other Lands about the same quantity and quality: To have and to hold the said Lands Tenements Rents Reversions Remainders Services and Here∣ditaments with their appurtenances, unto the said Ra. H. and to the Heirs Males of his body lawfully begotten, and to be begotten, from and immediatly after the severall death and decease of the said Ri. H. and M. one Lease of part of the Premisses made to T. H. for the term of &c. bearing date &c. only excepted and foreprised.

And the said Ri. H. doth further covenant &c. to and with the said Ra: H: his Executors by these presents, that he the said Ri: H. shall and will before the Feast of &c. next coming, at and upon the reasonable

request costs and charges of the said Ra. or his Assigns, convey, assure, and passe over, to the said B. H: and her Assigns, the third part of that the Mansion House of the said Ri. H. scituate and being in F. aforesaid: And all the Houses Buildings Yards Orchards Gardens Lands Tene∣ments Meadows Leasows Pastures Feedings and Common of Pasture in F. aforesaid, and likewise the Turbary therunto belonging, with their appurt. whatsoever, together with the third part of the rent of the said Messuage or Tenement in H: aforesaid, late in the Tenure of I: L: de∣ceased, in full recompence and satisfaction of her Dower, or Title of Dower, in or to any of the Messuages Lands or Tenements, of him the said Ri: H: in the County of L. or elsewhere in the Kingdome of England: To have, hold, occupy, and enjoy the third part of the Mansion House, and all other the last before mentioned Premisses, with their Appurtenances, to the said B. H. and her Assigns, from and immediatly after the severall deceases of the said Ri. H. M: his wife, and the said Ra: H: for and during the term of forty years then next following, fully to be expired and determined (if the said B. so long shall live) and if it shall fortune the said B. to have issue Male by the said Ra: H: then living, so that the said B. surviving and over-living the said Ra. do keep her self sole and unmarried, or do not miscarry or mis-govern her self.

And if it shall happen the said B: to have no issue Male by the said Ra: H. living at the time of the Commencement of her said estate, or to survive or over-live the said Ra: H: or after the decease of the said Ra: to joyn her self in Marriage with any person, or to misgovern her self; then the said Ri: H. doth further Grant and Covenant to, and with the said Ra: H: his Executors &c. by these presents by the same or such like Assurance, to Assure and Passe over unto the said B: before the Feast of &c. next comming, at and upon the reasonable request costs and charges of the said Ra. or his Assigns &c. one House or Cottage of him the said Ri: containing two Bayes of Building, Scituate standing and be∣ing in F: aforesaid now in the Occupation of E: G. Widow or of her Assigns, and three acres of land of him the said Ri: H: lying and being in F: aforesaid adjoyning to the said House, with the Wayes, Liberties, Easements, &c. therunto belonging, with their appurtenances, To Have and to Hold the said House or Cottage and three acres of land with the appurtenances to the said B: and her Assigns, from and im∣mediatly after the several deceasses of the said Ri. M. and Ra: F: for and during the term of forty years from thence next following, fully to be expired and determined, if the said B: so long do live in full recom∣pence and satisfaction of her said Dower.

And the said Ri: H: for himself, his Heirs Executors and Administra∣tors, doth also further Covenant, Promise and Grant, to, and with the said Ra: H: his Executors and Administrators by these presents, That

if it shall fortune the said Ra: to decease without issue Male of his body, that he the said Ri: H: shall, and will well and truly content and pay, or cause to be contented and paid to the daughter or daughters of the said Ra: H: lawfully begotten, 200 l. of lawful English money within three years next after the decease of the said Ra. for and towards the preferment and advancement of the said daughter or daughters. And that all the several Clauses, Covenants and Agreements &c. above specified, may well and truly be performed, accomplished and kept, by and on the behalf of the said Ri. H. his Heirs &c. He the said Ri: H: doth acknowledge himself to stand bound to the said Ra: in the sum of &c. and the said Ra: H: for himself &c. doth Covenant, Promise and Grant, to and with the said Ri: H: his Executors, Administrators, and Assigns, by these presents, That he the said Ra: H: his Heirs, Executors, Administrators and Assigns, shall and will permit and suffer the said M: H: his Mother and her Assigns, to Have, Hold, Occupy, and peace∣ably enjoy that the said Mansion House of the said Ri: in F: aforesaid. And all the Edifices, Buildings, Yards &c. therunto belonging, Toge∣ther with all the Ancient, lands, Tenements, Rents &c. of the said Ri: in F: H: and M: aforesaid in the said County of L: (the Messu∣age or Tenement by the said Ri: granted to the said T: for the term a∣foresaid, and the said Tenement lately in the Tenure of the said I: L: deceased, with the Lands, Tenements, Services, &c. to the said several Messuages belonging; and likewise the Rent of the said Tenement late in the Occupation of the said I: L▪ deceased, only excepted) from the immediatly after the decease of the said Ri: H: for, & during the term of forty years from thence next ensuing fully to be expired and determi∣ned (if the said M: so long do live) to and for the most gain and pro∣fit of the said M: and her Assigns, during the said Term, yeelding &c. And the said Ra H: doth Covenant and Grant for him, &c. to and with the said Ri. H. his Executors &c: by these presents, that he the said Ra. his Heirs, Executors, Administrators, and Assigns, shall permit and suffer the said M. H. his Mother during her natural life after the de∣cease of the said Ri. to Take, Receive, and Perceive the Rent of the said Tenement granted to the said T: H: being 20 s. by the year. In Witness &c.

An Indenture of Limitation of Ʋses upon a Marriage.

THis Indent, made &c. Witnesseth, That it is Covenanted, Granted, * 1.20 Concluded, Condescended, and fully Agreed, by and between the said parties to these presents in manner and form following; And first, the said E: S. for himself, his Heirs, Executors and Administrators,

doth Covenant, Grant, and fully Agree to and with the Jo. O. his Execu∣tors and Administrators by these presents, That A. S. Son and Heir ap∣parant of the said E. S: shall before the Feast of▪ 〈◊〉〈◊〉 next ensuing after the day of the date herof by Gods permission Espouse Marry, and take to his wife A. O. daughter of the said J. O: if she the said A; O: will ther∣unto consent and agree, and the Laws of Holy Church. the same will permit and suffer; and in like manner the said J. O. &c. In conside∣ration of which said Marriage so to be had and solemnized, in manner * 1.21 and form aforesaid, and also in consideration of such sum and sums of money as are already paid and otherwise agreed upon to be paid to the said E. S. by the said J: O: and wherwith the said J: O: standeth bounden, charged, or covenanted, in any wise to pay or satisfie unto the said E: S. in consideration of the said Marriage, as also for the better continuance and preservation of the House and Name of the said E. S. with such Mannors Lordships, Lands, Tenements and Hereditaments, as hereafter in these presents are mentioned, expressed or inten∣ded to be granted or conveyed so long as it shall please God to per∣mit and suffer the same, and for the better advancement of the said S. A. with a Covenant Joynture for the said A. and likewise for the prefer∣ment and advancement of the children, and others of the kindred, and Bloud of the said E: S: and for the natural love and affection which he beareth to them, and every of them.

It is further Covenanted, Concluded, and fully Agreed, by and be∣tween * 1.22 the said parties to these presents in manner and form following. And first, the said E: S: for himself &c. doth Covenant and Grant, to and with the said J: O: his Executors, and Administrators &c. and with every of them by these presents, that he the said E. S. his Heirs within the space of &c. shall and will at the costs and charges in the Law of the said J. O. and at and upon the reasonable request or re∣quests of the said J. O. his Heirs Executors, Administrators or Assigns, or any of them to be made to the said E. S. at &c. upon twenty dayes warning by Word or Writing, or otherwise without request by Fine, or Fines, with Proclamations in due form of Law to be Levied, Recove∣ry, or Recoveries to be had and pursued according to the Order and Course of common Recoveries, Deed or Deeds Inrolled or not Inrol∣led Feoffments, or such other good and sufficient Conveyances and Assurances in the Law, as by him the said J. O. his Heirs, Executors, or Assigns, or their, or any of their Councel learned shall be reasonably devised or advised. So that the said E: S. be not inforced to travel fur∣ther then &c. for the doing, making, or acknowledging of such said Fine or Fines Recovery or Recoveries, or such said other Assurance or Conveyance aforesaid, shall and will Convey and Assure, or cause to be Conveyed and Assured unto R: H: T: T: &c. and their Heirs, or to the Heirs of one of them; and to the Survivor of them and his

Heirs, all and singular his Mannors and Lordships of S. &c. and in the said County of L: and also all and singular Suits, Seigniories, Services, Franchizes, Priviledges Courts Leets, Perquisites of Courts and Leets, View of Franckpledge, and all that to view of Franckpledge appurtain∣eth, and all other appurtenances, Emoluments and Hereditaments whatsoever unto the said Mannors and Lordships, or unto any of them appurtaining or belonging. And all & singular his Mannors Messuages, Mills, Dove Houses, Orchards, Gardens, Lands, Tenements, Me∣dows, Feedings, Pastures, Woods, Under-woods, Commons, Comon of Pasture, and Turbary Rents, Reversions, Services, Appurtenances, Emoluments and Hereditaments whatsoever, within the several Towns, Townships, Fields, Hamlets, Precincts and Territories of &c. or else∣where within the said County of L. in whose Hands or Possession soe∣ver the same be, or shall be; and also the Advowsons of the Churches * 1.23 of Claypole, Cottham, and Shelton aforesaid.

And for the better Declaration of the Use, Uses, and Intents and Purpose of such said Fine, and Fines, Recovery, or Recoveries, and other Estates Assurances and Conveyances, so to be knowledged, suffered, executed, or made of the said Premisses as aforesaid, it is covenanted, granted, and agreed by and between the said parties to these presents.

And the said E: T. for himself &c. doth covenant, promise, grant, declare, limit, and fully agree, to and with the said I. O. his &c. and to and with every of them by these presents, That the said Fine and Fines, Recovery and Recoveries, Estate and Estates, and other Assu∣rances whatsoever, to be levied, knowledged, or made of the said Pre∣misses, or any part or parcell therof as aforesaid, and the Estate Right Title Interest and Possession of them the said I: R: H: T: T: and their Heirs, and the Survivor and Survivors of them, his and their Heirs, shall be, and for ever be adjudged &c. to be, and also that the said I: R: &c. shall stand and be seised, of and in the said Mannors, Messua∣ges Lands Tenements Rents Reversions Services appurtenances, E∣moluments and Hereditaments, and of all other the said Premisses, with all and singular their Appurtenances, and every part and parcell therof, to the severall uses intents purposes agreements limitations li∣berties provisoes and conditions hereafter in these presents expressed, mentioned, and declared, and to no other use, intent or purpose, in a∣ny * 1.24 wise, viz. Of in and upon all that Messuage, Tenement, and Farm∣hold, scituate, lying, and being in S. aforesaid, now or late in the Occupation of &c. And of, in, and upon all Houses Edifices Buildings Barns Stables Kilnes Dove houses Orchards Gardens Crofts Lands Tenements and Hereditaments therunto belonging or appur∣taining, or therwith as part, parcell, or member therof, heretofore had, occupyed, used, demised, enjoyed, accepted, or taken, with all and singular their appurtenances, being parcell of the said Premisses

afore covenanted, to be assured and conveyed as aforesaid, to the use and behoof of them the said A. S. and A. now his wife, and their As∣signs, for and during the term of their naturall lives, and for and du∣ring, and untill the full end and term, and during all the term of the naturall life of the Survivor and longest liver of them the said A. and A. for and in recompence, and as parcell of the Feoffment or Joyn∣ture of the said A. and by and immediatly after the naturall death and decease of them the said A. and A. then to the use &c. And also of, in, and upon all the rest and residue of the said Mannors Lordships Lands Tenements and Hereditaments, and all other the said Premisses, with all and singular their Appurtenances, wherof the said Fine or Fines, Recovery or Recoveries, and other the Assurances and Conveyances aforesaid, are before in and by these presents, covenanted to be had, levyed, or knowledged as aforesaid, other then the said Messuage Te∣nement and Premisses, in the Possession of the said &c. and his Assigns as aforesaid, to and for the only use and behoof of him the said E. S. party to these presents, and of his Assigns, for and during the term of the naturall life of him the said E. S. without impeachment of any man∣ner of Wast, by him the said E. S. to be charged and chargable with such Annuities, yearly Rents, Sums of money, payments, or Rents and Distresse for the same, as shall be hereafter in these presents limited or expressed, according to the true intent of these presents. And by and immediatly after the naturall death and decease of the said E. S. then to the use and behoof of &c.

Provided alwaies, and for the further explaining of the true intent and meaning of the said parties to these presents, it is further covenan∣ted, * 1.25 granted, concluded, condescended, and fully agreed by and be∣tween the said parties to these presents; and neverthelesse the said E: S. for &c. doth further covenant and grant, to and with the said Jo. O. his &c. and to and with every of them by these presents, that the said Fine and Fines, Recovery and Recoveries, and other the As∣surances and Conveyances afore covenanted or mentioned to be levied suffered had or made of the said Mannors Messuages Lands Tenements Hereditamenrs and Premisses, with the Appurtenances, or any part therof, shall be, and that they the said R. H. T. T. and their Heirs, and the Survivor and Survivors of them, and his or their Heirs, shall stand and be seised of and in all and singular the said Mannors Messuages Lands Tenements Hereditaments, and other the Premisses other then &c. and excepting the said Messuage Tenement and Premisses, now in the possession of &c. as well to and for the use of such person and persons, and of and for such and the self same Estates Uses Intents and Purposes, as before in and by these presents are therof expressed and declared, neverthelesse charged and chargable, with the payments of such Rents Sums of money, and Annuall payments, as hereafter in these presents are limited, covenanted, or intended to be paid out of,

or out of the same. And also to and for the assurance of such said Rents, Sums of money, and payments, and in such sort, manner and form, as hereafter followeth. That is to say, The said Estate and Estates, and every of them shall be, and that they the said R. H. T. T. and their Heirs, and the Survivor of them and his Heirs, shall stand and be therof, and of every part therof (except before excepted) seised to and for such use, uses, intent and purpose notwithstanding, and the use or uses therof before in these presents limited or express••d; That if the said E. S. during his life time and after his death, all and every other person and persons to whom the said Premisses (except before excepted) shall by force and virtue of the uses and limitations before in these presents therof declared, come, remain, or be, as they and e∣very of them shall come to, and be in actuall and reall possession or exception of the same, or their severall Assigns, shall not, or do not yearly, from and after the day of the date hereof, for and during the term of the naturall lives of them the said A. S. and A. his wife, and for and during the term of the naturall life of the Survivor and longest liver of them, well and truly content, satisfie, and pay unto the said A. S. and A. his wife, their Executors Administrators. and Assigns, at or within &c. the whole and just Sum or yearly Rent or payment of &c. of good and lawfull money of England, yearly at two severall Feast-daies in the year, viz. By even Portions, without any further de∣lay▪ the first payment therof to commence and begin at the Feast of &c. next ensuing the day of the date of these presents, that then and from thenceforth, and so often as the said Rent or yearly payment of &c. or any part or parcell therof, shall fortune to be behind, after the day of the date hereof, during the naturall lives of the said A. S. and A. and during the life of the Survivor and longest liver of them. It shall and may be lawfull to and for the said A. and A. his wife, or unto either of them, their or either of their Executors or Assigns, De∣puty or Deputies, in that behalf lawfully authorized, at all, or any time or times thenceforth, into all and singular the said Mannors Messua∣ges Lands Tenements and Hereditaments and all other the Premisses, with all and singular their Appurtenances (other then the said Messua∣ge) and into every or any part or parcell therof, to enter and distrain * 1.26 as well for the said yearly Sum of money, or annuall payment of and for every or any part or parcell therof, so being behind and unpaid as aforesaid, as also for the arrerages of the same, and every or any part therof, if any be, or shall be then behind and unpaid: And the Distresse and Distresses so there taken, lawfully to lead drive take carry away and impound, and with them, or either or any of them, to detain and keep, untill such time as the said yearly Rent or payment of and every part and parcel therof, so to be behind and unpaid as aforesaid, and the arrerages therof, if any shall fortune to be behind

and unpaid as aforesaid be unto them the said A. and A. his wife, or the one of them, their, or the one of their Executors, Administrators, or Assigns, or some of them fully contented, satisfied and paid.

Provided also, and it is further Covenanted and Agreed between * 1.27 the said parties to these presents, that the said Fine or Fines, Recovery, and Recoveries, and other the Assurances and Conveyances afore Covenanted or Mentioned to be levied, suffered, had or made of the said premisses or any part therof shall be, and also that they the said R. H. T. T. and their Heirs and the Survivor and Survivors of them, and his or their Heirs shal stand and be seised of and in all and singular the said premisses with the appurtenances, other then the said Messuage, to and for such intent and purpose, that it shall and may be lawful, to and for the said E. S. at any time or times during his life by his last Will and Testament in Writing or otherwise by his Writing under his Hand and Seal, to assure, appoint, limit and convey to the now wife of the said E. or any other lawful wife or wives, which he the said E: S: shall hereafter fortune to marry for term of life, only of such wife or wives or to any other person or persons to the use of any such wife or wives for term of life, only of such wife or wives, for and in the name of the Joynture or Joyntures of such said wife or wives a full third part or less, or so much as shall amount to a full third part or less of all the said Mannors, Messuages, Lands, Tenements, Hereditaments and other the premisses; so that the said Messuage be not part or parcel, therof; and so that no such Assurance, Appointment, Limitation or Conveyance shall or do extend unto, or be made of more, or any grea∣ter part of the Capital Houses, Demesne Lands, Milne and Fishings now in the annual Occupation of the said E: S: then a full third part of the same.

And further also, That it shall and may be likewise lawful to, and for * 1.28 the said E: S: from time to time, and at all and every time and times hereafter during the term of his natural life, by his Deed or Deeds, or other lawful act or acts in Writing under his Hand and Seal, or other∣wise by his last Will and Testament, to Give, Grant, Dispose, Limit, Assign, Assure, Convey, or Appoint to any person or persons what∣soever, all and every, or any the said Mannors, Messuages, Lands, Te∣nements, and Hereditaments, and other the said Premisses, with all and singular their appurtenances, the cheief House called &c. and the Demesnes therto belonging, and all Mils, Mil-Dams, and free Fishing, now in the possession of the said E. S. And also the said Mes∣suage, Tenement and Lands, before, in and by these presents, Limited, Expressed or Appointed, to or for parcel of the Joynture of the said A. only excepted) for and during the term of one and twenty years, or for some shorter or lesser term of years, or for the term of one, two, or three lives, to be all in full life at the time of the making of

such Grant, Lease Demise, or Devise aforesaid, charged or chargeable, with such rents, sums of money, and payments, as before or after in these presents are appointed, limited or declared, to be had, levied, or issuing out of the same, or any part therof, as in these presents is men∣tioned and declared; so alwayes that all and every such Lease and Leases, Devise and Devises, nor any of them be not made to be with∣out impeachment of any manner of Wast, by any special Clause, Pro∣viso or Covenant therin to be contained; and that every such Lease, Grant, Demise or Devise be so made of Lands or Tenements in posses∣sion, usually letten to Farm by the greater space of one and twenty years last Past, and not of any Lands in Reversion, and so that upon e∣very such Grant, Lease, Demise and Devise, the old and accustomed Rent and Rents, Boons, Arrerages, Customs and Services, or more be reserved to be due and payable during the continuance of every such Devise, Grant and Lease, at the Dayes and Times, and in such manner and form as the same have been accustomed.

Provided alwayes, and it is further Covenanted, Granted, and fully * 1.29 agreed by, and between the said parties to these presents, for them, and every of them, their Heirs and Assigns, and the true intent and mean∣ing of these presents, &c. of either of the said parties, is notwith∣standing any the Limitation or Limitations of the Use or Uses afore∣said, That if it fortune the said E: S: to die having one daughter or more of his body lawfully begotten, then to be living and married, or if any such daughter or daughters shall be married, and the marriage mo∣ny of such daughter or daughters agreed upon and not fully paid at the time of the death of the said E. then if the said A: S: or the Heirs males of his body or such other person or persons to whom the said premisses other then the said Messuage by vertue of these presents shall come and remain according to the Uses and Limitations before in these presents limited and appointed, shall not, and do not content and pay yearly after the death of the said E. unto them the said R: H. T: T: or to the Survivor or Survivors of them and his or their Heirs the whole and just sum or yearly payment of of good and lawful money of Eng∣land, at one whole and entire payment in and upon, yearly so long as, and untill such times as they the said R: H: T: T: or the Survivor or Survivors of them, and his Heirs, shall, may or might, have had and received the whole and just Sum of to and for the use, benefit, and behoof of the said Daughter and Daughters of the said E. S. as shall be so unpreferred in marriage, or otherwise married, and the marriage money agreed upon, and not fully satisfied at the time of the death of the said E. for and towards their better preferment, educati∣on, and advancement, the first payment therof to be made in and upon the Feast day of next ensuing after the death of the said E. that then by and immediatly after such default of payment, of any the said

Sum or Sums of money, or of any part or parcell therof, in manner and form aforesaid, the said Fine and Fines, Recovery and Recoveries, Estate, Conveyances, and Assurances so to be had and made of all the said Premises as aforesaid, other then the said Messuage and the Exe∣cution therof shall be.

And also that they the said R. H. T. T. and their Heirs, and the Survi∣vor of them and his Heirs, shall stand and be seised of and in all the said Mannors Messuages Lands Tenements and Hereditaments, other then the said Messuage before, in and by these presents limited and appoint∣ed, for the Joynture of the said A. to such use intent and purpose, that it shall and may be lawfull to and for the said R. H. T. T. their Heirs and Assigns, or Attornies, in that behalf, after the death of the said E. S. and after default of payment of the said Sum of year∣ly and so often as default of payment therof shall be made as aforesaid, from time to time, so long as, and untill such time as they the said R. H. T. T. their Heirs and Assigns, shall or may, or otherwise might have received the said Sum of to the use and benefit of the said Daugh∣ter and Daughters as aforesaid, into the said Mannor &c. and with them to detain and keep, untill they and either of them, of the said yearly Rent or payment of and every part therof, then to be due be fully contented satisfied and paid, the same to be bestowed and im∣ployed by the said R: H: T: T: and the Survivor and Survivors of them, his and their Heirs, for and towards the preferment and advan∣cement in Marriage, or otherwise of such said Daughter and Daugh∣ters, any use, limitation of use, other then the said yearly Rent or pay∣ment of afore limited, and for the fulfilling and making up of the Joynture of the said A. before in these presents expressed, to the contrary in any wise notwithstanding.

Provided alwaies, and it is likewise further covenanted granted and fully agreed by and between the said parties, to these presents for them their heirs and Assigns, and the true intent and meaning of these presents, and of the said parties is, notwithstanding any the Limitation of the use or uses aforesaid, that if it fortune the said A. S. to dye, ha∣ving one or more Daughters, of his body lawfully begotten then to be living and unmarried, or their marriage money not fully paid at the time of the Death of the said A. S. and having also issue male of his body lawfully begotten, and then if the said issue male of the body of the said A. shall not, or do not yearly after the death of the said A. and after the death of the said E. S content, and pay unto the said Daughter or Daughters of the said A. the whole and just summe, or yearly payment of, of good and lawfull money of England, at one whole and intire payment, in and upon, yearly so long as and untill such time as such said Daughter and Daughters, or some of them shall may or might, have had and received the whole and just

sum of to and for the use benefit, and behoof of such said Daugh∣ter and Daughters of the said A. and for default of such issue male of the body of the said A. then if the issue male of the body of the said E S. if the said E. shall have any issue male of his body lawfully begot∣ten then to be living, shall not, or do not yearly after the death of the said A. and after the death of the said E. as they and every of them shall come and be in possession of the said Premisses, likewise content and pay unto such said Daughter and Daughters of the said A. the said whole and just Sum of &c. of good &c. at one whole and entire pay∣ment, in and upon &c. yearly, untill such said Daughter and Daugh∣ters, their Executors or Assigns, or some of them, shall, may, or might, have had, and received the whole and just Sum of &c. to and for the use, benefit, and behoof of such said Daughter and Daughters, for their better preferment and advancement, the first payment to begin at the Feast of next ensuing, after the death of the said E. and A. And for default of such Issue, then if all and every person and per∣sons, to whom the next and immediate Remainder of the said Premises, by force, & according to the essect of the uses aforesaid, shall then next and immediatly belong and appurtain, as they and every of them shall come to and be in actuall possession of the said Premisses, shall not, or do not yearly after the severall deaths of the said E. and A: without Issue Male of their severall bodies as aforesaid, content and pay unto such said Daughter and Daughters of the said A. the whole and just Sum of of like lawfull money of England, at one whole and entire payment, in & upon &c. yearly until such time as such said Daughter & Daughters of the said A. their Executors or Assigns, or som of them shall, may, or might have had and received the whole and just Sum of to and for the said benefit and behoof of such said Daughter and Daughters of the said A. for and towards their better prefer∣ment, education and advancement, the first payment therof to be made in and upon the &c. next ensuing after the death of the said E. and A. without Issue Male of their or either of their bodies as aforesaid: Or otherwise if it fortune the said A: S: to dye, without Issue Male, or Female of his body lawfully begotten, then if the Issue Male of the body of the said E. if the said E. shall have any Issue Male of his body lawfully begotten, and for default of such Issue, if all and every other person and persons, to whom the next and immediate Remainder of the said Premisses, by force and according to the effect of the uses a∣foresaid, shall next and immediatly belong and appurtain, as they and every of them shall come to, and be in actuall possession of the said Premisses, shall not or do not yearly after the death of the said A. with∣out Issue Male of his body, and after the death of the said E. shall not or do not content and pay unto the said R: H: T: T: or unto the Survi∣vor or Survivors of them, his or their Heirs, the whole and just Sum

of of like lawfull money of England, at one whole and entire pay∣ment, in and upon the &c. yearly and untill such time as they the said R. H. T. T. or the Survivor or Survivors of them, or the Heirs of the Survivor of them, shall, may, or might have had and received the whole and just Sum of &c. to be by them used, bestowed, paid, and imployed to and for such use and uses, and to the use of such person * 1.30 and persons as the said E. S. by his last Will and Testament, or other his Deed or Writing, under his hand and Seal, in his life time shall set down expresse, limit, or appoint, the first payment therof to be made in and upon &c. next ensuing after the death of the said E: S: and A. S: without Issue Male, of their or either of their bodies as aforesaid, that then by and immediatly after such default of payment of the said yearly sum of &c. or any part or parcel therof so to be made by the is∣sue male of the body of the said A. and for default of such issue male by the issue male of the body of the said E: and for default of such issue by any other person & persons to whom the next and immediate Remain∣der of the said premises by force of these presents shal belong and appur∣tain in manner and form aforesaid, the said fine and fines, Recovery and Recoveries, Estate, Conveyance and Assurance so to be had and made of the said Premisses as aforesaid other then the said Messuage, and the execution therof shall be: And also that they the said R. H. T. T. and their Heirs, and the Survivor of them and his Heirs, shall stand and be seised of and in all the said Mannors Messuages Lands Tenements and Premisses, other then the said Messuage as aforesaid, to such intent and purpose, that it shall and may be lawfull to and for such Daughter and Daughters of the said A. their Executors and Assigns, and for default of such Issue of the body of the said A. unto the said R. H. T: T: or to the Survivor or Survivors of them, his and their Heirs, af∣ter the death of the said A. and after default of payment, and so often as default of payment shall be made by such Issue Male of the body of the said A or by such Issue Male of the body of the said E: or by such other person or persons from time to time, so long as and untill such time as the said Daughter and Daughters of the said A: And for de∣fault of Issue of the body of A then the said R: H: T: T: or their Heirs, and the Survivor of them, his and their Heirs, shall or may, or otherwise might have received the said severall Sums of money, in man∣ner and form aforesaid, to enter and distrain, as well for the said yearly Sum or payment of as also for the arrerages therof, and for so much therof as shall so fortune to be behind and unpaid, at the time of such default of payment, by the Issue Male of the body of the said A. and in default of such Issue, by the Issue Male of the body of the said E. and in default of such Issues, by such other person and persons as is aforesaid: And the Distresse &c. to detain and keep, un∣till she or they and every of them, of the said yearly payment or rent

of, &c. and every part then to be due, be fully contented, satisfied and paid any use or limitation of use before in these Presents expres∣sed, other then the said yearly rent or payment of afore by these Presents limited, for the fulfilling and making up of the joynture of the said A. and the 400 l. to be paid to the said R. H. T. T. to the benefit and behoof of the Daughters of the said E. to the contrary thereof in any wise notwithstanding.

And it is further covenanted, granted and fully agreed, by and be∣tween the said parties to these presents, for them and their heirs, that all such Lands Tenements and Hereditaments, parcell of the Premises, which shall be demised granted devised, leased or appointed, to any person or persons, by the said E. S. according to the true intent and meaning of these provisoes, before in these presents mentioned above every part and parcell thereof, immediatly by and after such Lease, demise devise limitation or appointment, had and made, shall remain and be. And that the said fine and fines, Recovery and Recoveries, and the assurance conveyance and Estate, so to be knowledged levied, had and made of the said premisses shall be; and also that they the said R H T. T. and their heirs, shall stand and be seized of the said premisses or of so much thereof as shall be so much demised, leased, devised, or appointed as aforesaid, to the use of every such person and persons to whom the same shall be so demised devised or appointed, for and during such Term Estate and Terms, and by and under such Rents Ser∣vices and Boones, Arearages, and Conditions, as shall be contained in every such said Demise, devise, and Lease, and the Reversion and Re∣versions thereof, to the use and behoof of such person or persons, to whom the said Lands and Tenements, should or ought, by the purport and true meaning of these presents, to have reversed, remained come or been, if no such Demise Devise Lease, or Appointment had been there∣of had or made, and of like Estate and Course of Inheritance, and with such Remainder and Remainders, in like sort, and in the same order degree manner and form, to all intents and purposes, as the same should or ought to have come, Rented, remained or been, if no such Demise Devise Lease Grant or Appointment, had been thereof had or made in any wise: Provided alwaies, and it is likewise cove∣nanted * 1.31 granted and fully agreed; by and between the said parties to these presents, for them and either of them, their and either or their Heirs and Assigns, that if the said A: wife of the said A. shall fortune to dye without any issue of her body lawfully begotten by the said A. S. at any time during the naturall life of the said E. S. that then and from thenceforth all the use uses, and charges before, in and by these presents, limited appointed created or raised, of or in the premi∣ses, other then of, and in the said Messuage, and other then the sayd Annuity or annuall Rent of by the year, before by these pre∣sents

limited appointed, or intended unto the said A. and A. his Wife, shall cease end and determine, and that then and from thence∣forth, as well the said fine and fines, Recovery and Recoveries, and o∣ther assurances aforesaid, afore by these presents covenanted to be le∣vied knowledged suffered and made of the said premisses, and the Execution thereof shall be, and also that then, and from thence∣forth, they the said R. H. T. T. and their Heirs and the Survivor of them and his Heirs, shall stand and be seised, of and in all and singular the said Mannors other the Appurrenances, and except the said Mes∣suage and other the Appurtenances, and except the said Annuall rent, of &c. by the year before by these presents limited and appointed un∣to the said A. and A. as aforesaid, and of every part and parcell there∣of, to the use and behoof of, &c, and the said E. S. for him for the causes and considerations aforesaid, that if the said Fine & Fines, Re∣covery & recoveries, and other the state before covenanted to be con∣veyed by the said E. S. to them the said R. H. T. T. be not lawfully and perfectly levied, knowledged, suffered, executed, and perfected, be∣fore the said Feast of He the said E. S. and his Heirs, and all and every other person and persons, and their Heirs that now are, or shall at any time hereafter stand or be seised, of all or any the said Mannors Messuages Lands Tenements and Hereditaments, not assured or not conveyed to the uses or intents before mentioned, by reason of any want or imperfection, shall for the considerations aforesaid, stand, con∣tinue and be seised therof, and of every part and parcell therof, which are not, or shall not be conveyed and assured, according to the true intent and meaning of the Covenants and limitations aforesaid, to such severall uses, intents, purposes, limitations, conditions, provisoes, and agreements as before in these presents are limitted and declared, of the same Premisses, and of every part and parcell therof, according to the true intent and meaning of these presents, any thing before mentioned, to the contrary therof in any wise notwithstanding.

And further also that the said Mannors afore covenanted to be con∣veyed * 1.32 or assured as aforesaid, and every of them, and every part and parcell therof, now are, and so shall from time to time and at all times &c. except the Rents and Services from henceforth to be due and pay∣able to the ••hief Lord or Lords of the Fee or Fees therof, the Title of Dower of A. now wife of the said E. S. and all Conveyances Assuran∣ces, Acts and Things whatsoever, in these presents covenanted and permitted to be made or done by the said E S. and such Leases or Pro∣misses of Leases, as have been made by the said E. S. before.

And further likewise, that he the said E. S. and the Heirs and As∣signs * 1.33 of the said E. and every of them, shall and will well and truly at all and every time and times hereafter, during the term of &c. make, do, knowledge, suffer, execute and accomplish, and cause to be made,

done, knowledged, suffered, executed, and accomplished, all and every such further act and acts, thing and things, conveyance and convey∣ances, assurance and assurances in the Law whatsoever, be it, or they by. Fine or Fines, with Proclamations, Recovery or Recoveries, with single or double Voucher or Vouchers, Deed or Deeds, to be lawful∣ly and perfectly executed, or any other way or means whatsoever be it by matter of Record or otherwise, as by the said J. O. his Heirs or Assigns, or his or their Councell learned in the Law, shall be lawfully and resonably devised advised or required, for the further, better and more perfect assurance, surety, sure making, conveying and assuring of the said Mannors Messuages and Premisses, with the appurtenan∣ces, to such severall uses, intents, purposes, conditions, limitations, provisoes, matters, agreements, and things as before in these presents are expressed, set soth, limited, declared, or appointed, of the said Pre∣misses, and every or any part of parcell of the same and to no other uses, intents, purposes, or meanings in any wise.

And wheras the said E. S. is and at this present standeth possessed for * 1.34 the term of many years, yet enduring of and in all the Tithes of Corn, Grain, and Hay, yearly coming, growing, encreasing, and renewing, of or within the Town Town-ships Feilds Hamlets or Teritories of &c. within the said County of L. and of the Tithe-barn of H. afore∣said, and of all other Tithes whatsoever, belonging unto, or usually joyned in the said Tithe-barn of and also of and in the Rents re∣served upon any Lease or Leases, made of the said Premisses, or of any part therof.

Now the said E. S. for himself &c. doth covenant grant and agree, to and with the said I. O. his &c. by these presents, that all such part of the said term or terms of years and interest, of and in the said Tithe-barn, and Tithes and Premisses▪ as the said E. S. now hath, which he the said E. S. shall not hereafter grant, demise, let, or bequeath, to a∣ny person or persons, by his Deed or Deeds, under his hand or Seal, or by his last Will and Testament in Writing, shall after the decease of the said E. be conveyed, remain, come and be to the said A. to his own use, for the better maintenance of the Hospitality and House-keep∣ing, by the said A. S. at S. aforesaid.

Provided alwaies, and neverthelesse it is the true intent and mean∣ing * 1.35 of all the said parties to these presents, that if the said E. S. be min∣ded or determined at any time during his naturall life to alter and de∣termine the State and Estate limitted in use, in such sort as is aforesaid, to the said T. S. and the Heirs Males of his body lawfully begotten and for default of such Issue to the said I. S. for term of his life without Impeachment of wast and after his decease to &c. and shall also by his deed Indented at any time hereafter to be made between the said E. S. of the one part and the said R H. T T. or the Survivor or Sur∣vivors

of them on the other part or by his last will and testament in writing under his hand and seale declare and limit the same or such other vses as shall so seem meet and convenient to the said E. S. That then and from thenceforth the said Estates and uses limited and ap∣pointed before by these presents to the said T. S, to cease & determine and to be utterly voyd, as though the same had never been had, made, limited, or appointed. And that then and from thenceforth the said Estates and Convevances before mentioned, and every of them shall be, and that they the said R. H. T. T. and their Heirs, and the Survivor and Survivors of them, and his and their Heirs, shall stand and be sei∣sed of the said Mannors Messuages Lands Tenements and Premisses, and every part therof, to all the uses and intents afore mentioned, in such sort, manner, form, course and degree as the same are before expressed, the uses before limited to the said T. S. and the Heirs Males of his bo∣dy only excepted, and afterwards to such new and other uses, and for such Estate and Estates as shall be by the said Deed indented, last be∣fore mentioned, or by the said last Will and Tastament, limited and appointed by the said E. S. to the said T. S. I. S. or to any of them, or to any other person or persons, neverthelesse charged and chargable with such Rents, Payments, and other matters as are before menti∣oned: In witness wherof, &c.

Judgment of Covenants of Marriage for assuring a Joynture.

THis Indenture made &c. Between the Right Honourable Sir W. C. Knight, of the most honourable Order of the Garter. Baron of B. Lord high Treasurer of England, of the one party, and the Right Honourable E. d'V. Earl of O. Lord great Chamberlain of England, Viscount B. and Lord of B. and R. of the other party, wit∣nesseth, That the said Earl, for and in consideration of a Marriage al∣ready * 1.36 had and solemnized, between him the said Earl and the Lady now his wife, Daughter of the said Sir W. C. and for and in conside∣ration of the Sum of 3000 l. of &c. to him &c. And for a compe∣tent Joynture to be had to the said Lady A: now Countesse of O. doth covenant and grant for him, his Heirs Executors and Administrators, to and with the said Sir W. C. his Heirs Executors and Administrators, in manner and form following. That is to say, That he the said Earl or his Heirs, before the Feast of All-Saints, next ensuing the day of the date hereof, shall and will at the costs and charges in the Law of the said W. C. his Heirs Executors or Administrators, sufficiently assure and convey by Fine or Fines, Recovery or Recoveries in due form of Law to be levied and suffered, unto the Right Honourable Sir J. D.

Knight, Lord D. of C. T. C. Sir W. F. W. Knight, and H. G. Esquire, and to their Heirs, or to the Heirs of one of them, all the Mannors Messuages Mills Tofts Lands Tenements Meadows Leasues Pastures Woods Under-woods Moors Marshes Heaths Wast ground Waters Fishings Rents Reversions Services Courts Liberties Franchises and Hereditaments of the said Earl whatsoever, hereafter mentioned and expressed, with all and singular their Rights Members and Appurte∣nances; * 1.37 This is to say, All those the Mannors Lordships Tenements and Farms of W. N B. C. I. D with all and singular their Rights Mem∣bers and Appurtenances, in the County of Essex, and all and singular the Farms Granges Parks Lands Tenements and Hereditaments of the said Earl, in the said County of Essex, called or known by the names aforesaid, or any of them. And also all and singular Farms Messuages &c.

And it is Covenanted, Granted, Concluded, Condescended and A∣greed by these presents between the said parties, and their Heirs, that * 1.38 the said Assurance and Conveyance, by Fine or Fines, Recovery or Recoveries to be made by the said Earl, or his Heirs to the persons a∣foresaid, and to the Heirs of one of them, and all other Assurances and and Conveyances of the said Mannors, and all other the premisses, and every parcel therof to he made to the said persons or any of them, be∣fore the Feast of All-Saints next coming shall be to the Uses, Behoofs, Intents and Purposes herafter expressed, that is to say, To the use and behoof of the said Earl for term of his life, and after his decease, then to the use and behoof of the said Lady Anne, now wife to the said Earl, for and during her natural life, for, and in full Recompence and Satis∣faction of the Dower which the said Lady A. by reason of the said Mar∣riage had and Solemnized between the said Earl and her, may or might by him by any way or means, challenge, claim or demand of any the Ho∣nors, Castles, Mannors, Lands, Tenements and Heredita. which the said Earl now hath, or hereafter hath had, or at any time hereafter shall or may have, during the Coverture between him and the said La∣dy A. and after the decease of both the said Earl and Lady A. then to those of the right Heirs of the said Earl for ever.

* 1.39 Provided alwayes and it is agreed between the said parties, that if it shall fortune that the said Lady A. at any time hereafter during the life of the said Earl shall be fully and perfectly resolved and determined joyntly with the said Earl, or otherwise by any way or mean, directly, or indirectly, or immediatly to levy any fine, or suffer any Recovery, or do or assent to do any thing by matter of Record or otherwise wherby the estate of, and in the premisses before limited or appointed to her the said Countess, for term of her life, or wherby any estate or term for years, or interest, or other parcel of the said estate to her li∣mitted,

of, and in the said Mannors, Lands, Tenements, Hereditaments and other the premisses, or any parcel therof should, or might pass or be altered, discontinued, taken away, removed, charged, incumbred or devested out, or from the said Lady A. and shall attempt or go about or put in ure any such full and perfect Resolution and Determination, that then immediatly after such attempt, or going about the said Use and Estate for life of and in the premisses before limited and ap∣pointed to th•• said Lady A. as touching all the premisses, or such part or parcel of the premisses, or touching any such attempt, or going about shall be made, shall cease and be utterly void touching the said Lady A. And that then and from thenceforth the said Assurance and Conveyance by Fine or Fines, or Recovery, or Recoveries and o∣ther Assurances to be made to the said Sir I. D. L. D. T. D. W. F. and H. G. and to their Heirs, or the Heirs of one of them after the said estate for life before limited and appointed to the said Earl ended and determined shall be, and the said I. L. D. &c. and their Heirs, and the Heirs of every of them, and all other persons seised of the premisses shall from hencforth stand and be seised, of, and in all the pre∣misses, or of such part and parcel of the premisses touching, and of which such attempt or going about shall be had or made to the use and be∣hoof of W: H: Son and Heir apparant of the said Sir W: F: T: S: Esq; W: C: Esq; second Son of Sir A: C: and their Heirs, for and during the life of the said Lady A: to the end and intent, that the said W: Son of W. T. S. and W: C: and the Survivor of them, or the Heirs of the Survivor of them after the decease of the said Earl (if the said Lady A. shall fortune to over-live the said Earl) shall and may Grant over their estate to the said Lady A: in the same premisses within six weeks after the decease of the said Earl, and after the decease of the said Earl, and the said Lady A: then the said Fines, Recoveries and other the said Assurance, shall to the Uses and Behoofs before in these presents limi∣ted and appointed to be behind and to take place after the decease of the said Earl and Lady A. his wife.

Provided also, and it is Covenanted, Granted, Concluded and A∣greed * 1.40 between the said parties, and their Heirs, that the said Earl shall, and may at all times hereafter from time to time during his life make Leases by Indentures of 21. years or under, to begin immediatly after the date of the said Indenture of any part of the said Mannors, Lands, Tenements, and other the Premisses before limited and assigned to the Joynture of the said Lady A. other then of the said Mannors and Farms of W. N: and B: with their appurtenances. And of the Scite, Orchard, Gardens, Lands, Tenements, Meadows, Leases, Pastures, Woods. Waters, Fishings, and other Hereditaments being accounted to be parcel of any of the said Mannors or Farms of W. N. and B. K. and other then the said Lands, Tenements, and Hereditaments in the

said Parishes, Towns and Hamlets of W. E. and E. B. and also shall and may at all times hereafter from time to time during his life make Leases by Indenture for term of three lives, or four lives of any part of the said Mannors, Lands, Tenements and Hereditaments within the said County of Chester, and of the City of Chester, being then out of Lease, to begin immediatly upon the making of any such Lease or Leases, so as upon every such Lease for life or lives, or years to be made the old and accustomed Rents, Duties and Services, or more shall be yearly reserved and payable yearly during the said terms unto such to whom the immediately Reversion or Remainder therin shall be and ought to have the said Rents by the intent of these presents; and the said Assurances and conveyances of the Premises, by Fine Recovery or otherwise to be made, and every of them shall be and endure: And the said persons to whom the said Assurances and Conveyances shall be made, and their Heirs and Assigns, shall stand and be seised of the Premises and every part therof, so to be demised and let, to the use and behoof, of all and every such persons to whom any such Lease or Demise shall be made, and to the Heirs Executors Administrators and Assigns, during the said term and terms to be contained in the said Demises and Leases, according to the tenor and effect of the said De∣mises and Leases; So as the same Leases, their Executors Admini∣strators and Assigns, and such others as shall have interest and terms of such Leases, shall and do content and pay, to such as shall have at that time the immediate Reversions or Remainders of the Premises, the Rents and Services to be reserved in their Leases, at the times in the said Leases mentioned, or within one month next after And do also perform the Conditions and Covenants specified in the said In∣dentures of their Demises, and so as they do not, nor make any wast or spoile in the Houses Buildings Lands Tenements and Grounds so to be let.

And the said Earl, for him, his Heirs Executors and Administra∣tors, doth covenant and grant by these presents, to and with the said W. B. of B. his Executors and Administrators, that the said Mannors Lands Tenements, and other the Premises so to be conveyed and assu∣red as is aforesaid, now be, and at the time of the said Assurance to be made, shall be, and shall or may after the death of the said Earl, and during the life of the said Lady A. continue and be of the clear yearly value of 9 l. 60 s. 8 d. over and above all quit Rents and other Rents and charges issuing payable, or going out of the premises. And over and above all usuall Fees or Wages due or usually paid to the Stewards Bayliffs Receivers Auditors and other ordinary Officers of the Premi∣ses heretofore accustomed to be allowed or paid out of or for the Pre∣mises or any parcell therof▪ other then the Fees Annuities and Char∣ges hereafter expressed, which be issuing and going out of some part

of the Premises, during the time hereafter declared; That is to say, to E. A: Doctor in Physick, 20 l. yearly during his life, to R. B. yearly during his life 20 l. and to either of S. S. and W. F. Esquires, during their severall liues 3 l. 6 s. 8 d. of and from which yearly Rents and Annuities he the said Earl, for him, his Heirs Executors and Admin∣strators, * 1.41 doth covenant and grant by these presents, to and with the said Sir W. C. his Executors and Administrators, that the Heirs Execu∣tors or Administrators of the said Earl, shall and will from the time of the death of the said Earl, and during all the life of the said Lady A. acquit, discharge, or save harmless, as well the said Lady A. and her Assigns, as the said Mannors Lands Tenements and other the Premi∣ses and every parcell therof.

And the said Earl, for him his Heirs Executors and Administrators, * 1.42 doth covenant and grant by these presents, to and with the said W. C. his Heirs Executors and Administrators, that he the said Earl and his Heirs, shall and will at all times hereafter, during the space of two years now next ensuing, make, do, and suffer to be done, at the costs and charges in the Law of the said William Barow of B. his Heirs Exe∣cutors or Administrators, all and every Act and Act, Thing and Things, as shall be reasonably devised or advised by the said W. B: of B. his Heirs Executors or Administrators, or by his or any of their learned Councell in the Law, for the further assurance and sure ma∣king of the said Mannors Lands Tenements and other the Premisses, to be had, made, conveyed, and assured, as is aforesaid, to the uses intents and meanings aforesaid: So as he the said Earl or his Heirs, be not compelled for the making, doing, or suffering of such further assurance or conveyance, to travell out of the place where he or they shall be.

And the said Earl, for him, his Heirs Executors and Administrators, * 1.43 doth covenant and grant by these presents, to and with the said W. B. of B. his Executors and Administrators, that he the said Earl nor his Heirs, at any time during the life of him, and of the said Lady A. shall not fall, sell, or carry away, or cause to be fallen, sold, or carried away, any Woods or Under-woods, or Copices growing or being, or that hereafter shall grow or be, in and upon any of the said Lands Te∣nements and Hereditaments, in the Parishes, Towns, Hamlets, and Feilds of W. aforesaid, or any of them, untill the same Copices, Woods or Underwoods, shall be of the age of 17. years growth or more. And that he the said Earl shall at all times hereafter, during his life (if the said Lady A. shall so long live) leave, permit, and suffer so many Oakes and other Timber Trees, growing and being in and upon the Mannor of W. H. and other the Premisses, in the Parish Towns, Hamlets and Feilds of B. E. A. and E. M. to stand grow remain and be in good and sufficient Estate and Plight, in and upon the said Man∣nor,

and other the Premisses, in the Parishes Towns and Hamlets last before recited, as shall be sufficient for the maintenance and suppor∣tation of the Houses Edifices Buildings Pales Inclosures Gates Bridges Stiles, and for all other necessaries, in upon and about the same Man∣nor of W. and other the Premisses, in the said Parishes Towns and Hamlets last before specified.

And further that the Heirs Executors and Administrators of the said Earl, shall and will at all times after the decease of the said Earl, and during the life of the said Lady A. acquit, discharge, or suffici∣ently save and keep harmlesse, as well the said Mannors Lands Tene∣ments, and all other the Premises, as also the said Lady A. and her As∣signs, of and from all Debts Legacies and Bequests made by the last Will and Testament of the Right Honourable J. late Earl of O. Fa∣ther of the said E. now Earl of S. and of and from all and all manner of former Bargains Sales Recognizances Statute-Merchant, and of the Staple Rents Charges Annuities and other Titles Charges and Incumbrances whatsoever, had, done, or made by the said Right Ho∣nourable J. late Earl of O. Father to the said now Earl, at any time heretofore or hereafter, and before sufficient assurance of the said now Earl to be made, all Leases for years, life or lives heretofore made of the Premisses or any part therof, upon which the yearly Rents and Services heretofore used to be paid, be reserved and payable yearly, during the continuance of the said Leases: And all Leases hereaf∣ter to be made by the said Earl, according to the agreements tenors and true meaning of these presents. And all Fines for Alienations to be due for the making of any Assurance, covenanted and granted to be made by these presents, if any such Fines for Alienations shall be due, of which Fines the said W. B. of B. covenanteth and granteth by these presents, to acquit, discharge and save harmlesse, as well the said Earl, his Heirs Executors and Administrators, as the said Man∣nors and other the Premisses, only excepted and fore-prised; And * 1.44 to the end that the said Earl may be sure that the said Lady A. (if she chance to over-live the said Earl) shall not challenge or claim Dow∣er of the residue of the Inheritance of the said Earl, nor such persons to whom he shall make any Estate for years, life, in Tail, or in Fee-simple, of any part of the residue of his Inheritance, shall be disturbed or inquieted, in the peaceable or quiet occupying and enjoying the same residue of the said Earls Inheritance, or of any part or parcell therof, nor such Bonds as the said Earl shall make for performance of any Bargain, of any part of the same residue of the said Earls Inheri∣tance, should be in danger of forfeiture, by means of challenge, claim, or obtaining of such Dowers; Therfore the said W. B. of B. for him, his Heirs Executors and Administrators, doth covenant and grant by these presents, to and with the said Earl, his Heirs Executors and Ad∣ministrators,

that the said Lady A. (if she chance to over-live the said Earl, and if also she and her Assigns shall and may enjoy all and every the said Mannors Lands Tenements & Heredit. to her before limited and appointed for her Joynture, according to the true intent and meaning of these presents, shall within one year, next after the death of the said Earl, she then being unmarried, and the said W. B: of B. then being in life, assent, and agree unto her Joynture, limited and appointed to her, in and by these presents, so effectually, that by the same she shall be barred and excluded by the Law of her Dower, to be had of any of the Mannors Lands and Tenements, that then to fore were to the said Earl, unlesse it be for recompence of such part of her Joynture as shall be recovered, evicted, or devested from her, if any part shall be with recompence she shall and may demand and sue for, according to the Statute: Provided notwithstanding her said assent and agreement to be made as is aforesaid.

And the said Earl in consideration aforesaid, for him his Heirs and * 1.45 Assigns, doth covenant and grant by these presents, to and with the said W. B. of B. his Heirs and Assigns, that he the said Earl, his Heirs and Assigns, and all and every other person and persons that now stand or be seised, or that hereafter shall stand or be seised, of and in the Mannors Lands Tenements and Hereditaments, and other the Premisses, with all and singular their Appurtenances, or of any part or parcell therof, shall immediatly from and after the Feast of All-Saints, next ensuing the date hereof, stand and be seised of such and so much of the said Mannors Lands Tenements and Hereditaments, and all other the Premisses, as before the Feast of All-Saints next coming, shall not be assured and conveyed by Fine or Fines, Recovery or Reco∣veries, or otherwise to the uses and behoofs aboue expressed, accord∣ing to the intent and true meaning of these presents, to the uses in∣tents and purposes before expressed, and to no other use intent or pur∣pose: In witness wherof, &c.

Covenants for setling Estates.

THis Indenture made the day of &c. between the Right Honourable H. Lord S. L. upon the first part, H. S. and I. M. of the second parts and R. L. &c. G. L. of the third part, witnesseth, That wheras the said H. Lord S. is and standeth seised in possession▪ Reversion, or Remainder of any Estate of Inheritance, of and in divers and sundry Honours Castles Mannors Lord-ships Seigniories Messuages Parks Chases Lands Tenements Advowsons Liberties Franchises and He∣reditaments, all which, or most part therof, have by long time re∣mained

and continued in ••hd name, and blood of the said H. Lord S. And the residue having been of late time purchased and gotten by the said H. Lord S. and his late Ancestors, do yet lye and adjoyn so co∣veniently and commodiously, to and for other his ancient Honours Castles Mannors Lands and Possessions, that they may not well be separated divided or aliened from the same: Now for that the said H. Lord S. mindeth and intendeth to establish all the said Honours * 1.46 Castles Mannors Lord-ships Seigniories Messuages Parks Chases Lands Tenements Advowsons Liberties Franchises and Hereditaments here∣after in these presents specified, to such uses intents and purposes as that the same may remain in the name, blood and kindred of the said Lord S. according to the uses hereafter therof expressed and declared, for the betrer advancement and continuance of the house honour name and blood of the said Lord S. and as a convenient portion or stay of living for the same, so long as it shal please God to permit and suffer the same. And for the advancement of such his Sons and Children, and others Male and Female, as hereafter in these presents are no∣minated and mentioned, and for the Fatherly love and naturall af∣fection which he beareth unto Sir T: S. Knight, his Son and Heir ap∣parant, and for the preferment advancement and maintenance of the Estate of the said Lady P. now wife of the said Sir T. S. with conve∣nient stay of living for her Joynture or Dower; And for divers and sundry other great weighty, reasonable and lawfull causes and conside∣rations him the said Lord S. therunto especially moving, he the said H. Lord S. for himself, his Heirs Executors and Administrators, doth covenant and grant to and with them the said H. S. &c. and to and with the Survivor and Survivors of them, his and their Heirs and As∣signs by these presents, that he the said H. Lord S. his Heirs and As∣signs, * 1.47 shall and will on this side, and before the Feast of &c. by seve∣rall fines, with Proclamations by him the said H. Lord S. in due form of Law to be had, knowledged, and levied, of the said Honours Ca∣stles Mannors Messuages Lands Tenements and Hereditaments and Premisses, and of every part and parcell therof, sufficiently and perfe∣ctly convey and assure unto them the said H. S. and J. M. or to the Survivor of them and to his Heirs, or their Heirs, or to the Heirs of the one of them, and all and singular those his Honors Castles Man∣nors Lord-ships Seigniories Fees Messuages Lands Tenements Parks * 1.48 Chases Franchises Liberties Free Warrens Patronages Advowsons Rents Services Cole-Mines Lead Mines Stone-Quarries, and all other his Herrditaments, lying and being in the severall Counties of York Durham Notingham Buck. and in the County of the City of York, hereafter in these presents named mentioned or recited; That is to say, all that the Honor Mannor and Castle of B. with the Appurte∣nances, in the said County of York, and also the severall Seigniories

and Fees of B. and E. with the Appurtenances, in the said County of Y. with all their and every of their Rights Members and Appurte∣nances: And also of and in all and singular the severall Mannors and Lord-ships of E. Ʋ. and also of and in Suits Seigniories Services Fran∣chises Liberties Jurisdictions Authorities Priviledges Courts-Leets and Perquisites of Courts and Leets, View of Franckpledge, and all that which to view of Frankpledge appertaineth, and also all other Royalties Franchises and Liberties whatsoever, unto the said severall Mannors or Lord-ships, or any of them, or any part or parcell of them, or any of them belonging, or in any wise appurtaining, toge∣ther with all and singular their and every of their Appurtenances, in the said County of Y. And also of and in the severall Mannors and Lord-ships of in the County of N: and also of and in all Advowsons Suits Seigniories Services Franchises Liberties Jurisdi∣ctions Authorities Priviledges Courts-Leets and Perquisites of Courts and Leets, View of Frankpledge, and all that to which Frankpledge appertaineth, and all other Royalties whatsoever, unto the said seve∣rall Mannors or Lord-ships, or any of them, or any part or parcell of them, belonging or in any wise appertaining, with all and singular their and every of the Appurtenances: And also of and in the Man∣nor of H. with all and singular the Appurtenances, in the said Coun∣ty of B. and also of and in the Mannor of W. with all and singular the Appurtenances in the said County of D: and also of and in all Suits Seigniories Services Franchises Liberties Jurisdictions Authori∣ties Priviledges Court-Leets and Perquisites of Courts, and Leets View of Frankpledge, and all that which to view of Frankpledge ap∣pertaineth, and all other Royalties whatsoever, unto the said severall Mannors or Lord-ships of H. and W. or either of them, or any part or parcell therof belonging, or in any wise appertaining, with all and singular their and either of their Appurtenances, and also of and in the Park and Soyl and Grounds therin, and of all the Demesne Lands of E. aforesaid, with the Appurtenances, in the said County of Y. And also of and in all those his Farms free Messuages Burgages Lands Tenements Woods Under-woods Meadows Pastures Rents Reversi∣ons Services Fishings Cole Mines Led Mines Stone Quarries and He∣reditaments whatsoever, with all and singular their and every of their Appurtenances, set lying and being in and every or any of them, in the said severall Counties of Y. N. D. and D. aforesaid, or any of them. And also of and in all those his Messuages Burgages Lands Tenements Rents Reversions Services free Fishings and Hereditaments with all and singular their Appurtenances, lying and being within the County of the City of Y. And also of and in all the free Fishings at O: aforesaid, in the said Water or River of T. in the said County of Y. and also of and in the Advowson and Patronage of the Rectory and

Parish Church of H. aforesaid, in the said County of B. and also of and in the severall Advowsons or Patronage of the severall Rectories * 1.49 and Parsonages of L. and E. in the said County of N. and also of and in the Advowson or Patronage of the Moyety of the Rectory and Par∣sonage of B. in the said City of Y.

And it is further Covenanted, Granted, and Agreed, by and be∣tween all the said parties to these presents for them and their Heirs, that the said several Fines so before Covenanted, to be had, know∣ledged and levied, as is aforesaid, and all and every other Fine, Con∣veyance and Assurance then before had made levied or executed, by or between the said parties to these presents, and every, or any of them, and the full force and effect of them, and every of them, of, for and concerning the premisses or any part therof, shall be and shall be adjudged, esteemed, and taken to be; and also that the said H. S. and I, M. and their Heirs, and all and every other person and persons then standing and being seised as for and concerning the said Mannors of E. F. and B. with the appurtenances in the said County of York, and also of L. S. B. and E. with the appurtenances in the said Coun∣ty of N. and for and concerning the Mannor of H. with the appur∣tenances in the said County of B. and also of and in the several Ad∣vowsons of the Rectories, Parsonages and Churches of L. and E. in the said County of N. and of H. aforesaid in the said County of B. and also of and in all Suits, Seigniories, Services, Liberties, Jurisdicti∣ons, Authorities, Priveledges, Court-Leets, Perquisites of Courts and Leets, view of Franpledge, and all that which to view of Franck∣pledge appertaineth, and all other Royalties whatsoever unto the said severall Mannors or Lordships last before mentioned, or any of them, or any part or parcel therof belonging or appertaining; and also for and concerning all Messuages, Meeses Burgages, Lands, Tene∣ments, Meadows, Pastures, Feedings, Woods, Under-woods, Rents, Reversions, Services, Free-fishings, Cole-mines, Led-mines, Stone-quarries, and Hereditaments with the appurtenances in E. aforesaid with and singular the appurtenances to the only use and behoof of them the said H. S, and I. M. and of their Heirs, and of the Survivor of them and his Heirs, for and during, and untill such time only as severall Recoveries shall be, or otherwayes may be had and prosecuted by the said R. L. and G. L. or the Survivor of them and his Heirs, and in the said last recited Mannors, Advowsons and Premisses with the ap∣purtenances, and to that intent and purpose only that the said H. S. * 1.50 and I. M. or the Survivor of them may become perfect Tenants or Tenant of the Free-hold of the Premisses, so as several Recoveries as the Cause shall require may be had and prosecuted by them the said R. L. and G. L. or by the Survivor of them as is aforesaid, according to the usuall Order and Course of common Recoveries for assurances of

Lands, Tenements and Hereditaments, in such Cases used and accusto∣med. of, for, and upon all and singular the said Mannors of E. afore∣said with the appurtenances, and also of and in the Advowsons and Patronages of the said Churches of L. E. and H. aforesaid, and also of all Suits, Seigniories, Lands, Tenements, Meadows, Feedings, Pastures Woods, Under-woods, Rents, Reversions, Services, Franchises, Li∣berties, Jurisdictions, Authorities, Priviledges, Court-Leets, Perqui∣sites of Courts and Leets, view of Frankpledge and all that which to view of Frankpledge appurtaineth, Roialties, and other the premisses, unto the said last recited Mannors, or any of them belonging, and of all other the said Messuages, Burgages, Lands, Tenements, Heredita∣ments and Premisses with the appurtenances in E. &c. aforesaid to the several Uses, Intents, Limitations and Provisoes, and Conditions hereafter in these presents limited, expressed, declared or intended, of for and concerning the same, & to no other use, intent purpose or meaning. * 1.51

And for the better, full and plain Declaration of the use, uses, in∣tents, purpose and meaning of the said several Fines and Recoveries so before Covenanted, intended or mentioned to be had, knowledged, levied or suffered of the said Honors, Castles, Mannors, Messuages, Burgages, Lands, Tenements, Fees, Franchises, free Fishings, Advow∣sons, and other Hereditaments aforesaid.

It is Covenanted, Granted, Concluded, Condescended and fully A∣greed by and between all and every the said parties to these present In∣dentures for them and every of them, and for their and every of their Heirs, That the said several Fines and Recoveries so before Covenan∣ted, meant or intended, to be had, levied, knowledged and suffered of the said Premisses as aforesaid shall be, and also that they the said R. L. and S. L. and their Heirs and the Survivor of them and his Heirs, of for and concerning such and so much of the said Honors, Castles, Mannors, Messuages, Lands, Tenements, Free-Fishings, Advowsons, Patronages, Franchises, Fees, Liberties and Hereditaments, as wherof the said Recoveries are before mentioned or intended to he suffered as aforesaid, from and immediatly after the time of the suffering of the said Recoveries, and likewise also that they the said H. S. and I: M. and their Heirs, and the Survivor of them, and his Heirs of for and concerning all the rest and residue of the said Honors, Castles, Man∣nors, Franchises, Fees, Liberties, Messuages, Lands, Tenements, free-Fishings, Advowsons Patronages and Hereditaments, other then the same whereof the said Recoveries are before mentioned, meant, or intended to be suffered as aforesaid, from and im∣mediately after the knowledge and levying of the said severall fines, so before in and by these presents Covenanted to be levied as a∣foresaid, shall stand continued and be seised to such uses, intents, purpo∣ses, conditions, limitations, provisoes, matters, agreements and things, as

hereafter in these presents are expessed, apppointed, limited and decla∣red and to no other uses, intents, purposes, or meanings in any wise, that is to say, of for and concerning all and singular the said man∣nors, Lordships and Seigniories of W. &c. in the said several Counties * 1.52 of Y. and D. and also of and in the said Mannor of H: with the appur∣purtenances in the said County of B, (the Woods and the Soile therof and the Patronage and Advowson of the Rectory and Parsonage of H. aforesaid only excepted) and also of and in all Suits, Seigniories, Franchises, Liberties, Jurisdictions, Authorities, Priviledges, Courts-Leets, Perquisites of Courts and Leets, view of Franckpledge, and all that whirh to view of Frankpledge appurtaineth, and all other Royal∣ties; Profits, Commodities and Hereditaments whatsoever unto the said several Mannors lastly recited, or any of them, or any part or parcel of them belonging or in any wise appurtaining, except before excepted, and also of and in all and singular Messuages, Houses, Edifices to the use &c. of the said S^r. T. S. K^r. Son and Heir apparant of the said H, L. S and of the Lady P. for and during the term of the natural lives, and of the life of the longer liver of them, for and in recompence of parcel of the Joynture of the said L. P. without impeachment of Wast, only during the term of the natural life of the said Sir T. S. and from and immedi∣ly after the natural death and decease of the said Sir T. S. and the La∣dy P. and of the Survivor and longer liver of them to the use and be∣hoof of the said H. L. S. and his Assigns, for and during the term of his natural life without impeachment of Wast, and from and immediat∣ly after the natural death and decease of the said Sir T. S. and the said said Lady P. and likwise after the death of the said H, L. S. to the use and behoof E. S. Son and Heir apparant of the said Sir T. S. and of the Heirs Males of the body of the said E, lawfully begotten or to be begot∣ten and so to the tenth Son & for default of such issue to the use &c. of all and every other the Sons of the body of the said Sir T: S: to be law∣fully begotten successively one after another as they shall be born, and shall be in Seniority of age and their Heirs Males of their severall bo∣dies to be lawfully begotten &c. and for default of such issue to the use and behoof of the right Heirs of the said H. L. S. for ever. And also of and in all and singular the several Mannors, Lordships and Seignio∣of T. aforesaid in the said several Counties of Y, and N. and also of and in all Suits Seigniories Services, &c. and all other Royalties, Profits, Commodities and Hereditaments whatsoever unto the said several man∣nors, or any of them, or any part or parcel therof belonging or in a∣any wise appurtaining, and also of and in all and singular Messuages Houses &c. and other Lands Tenements Rents Reversions Services Woods Under-woods and Hereditaments whatsoever, with all and singular their Appurtenances, set sci••uate lying and being with the Mannors Towns Town-ships Parishes Feilds and Hamlets or Territo∣ries of T. &c.

And also of and in the Patronages and Advowsons of the Churches Rectories, and Parsonages of L. and E. aforesaid or any of them, in which said last recited premisses, are parcell of the said Honors Castles Messuages Lands and Premisses, wherof the said severall fines are before covenanted to be levied as aforesaid, to the use and behoof of him the said H. L. S. and his Assigns, for and during the tearm of the na∣turall life of the said H. Lo. S. without impeachment of any manner of wast, and from by and immediatly after the naturall death and de∣cease of the said H. L. S. to the use and behoof of the Lady M. S. now Wife of the said H Lord S and her assigns, for and during the term of the naturall life of her the said Lady M. S. without impeachment of Wast only in and for any Woods, Underwoods, and timber trees, standing growing or being or which at any time hereafter, shall stand grow, or be of in or upon the premisses mentioned, or any part there∣of, for and in satisfaction and recompence of part of the Joynture or Dower of the said Lady Margeret, &c. And likewise also of and in all and singular the severall Mannors Lordships and Seigniories of V. &c. with the appurtenances in the said County of Y. aed also of and in all Suits, Seigniories Services Franchises Liberties Jurisdictions Authorities Priviledges Courts Leets, and Perquisites of Courts and Leets, View of Frank pledge, and all that which to view of Franck∣pledge appertaineth▪ and of all other Royalties and hereditaments whatsoever, unto the said severall Manners or any of them, or any part or parcell of them, or any of them belonging, or in any wise appertain∣ing, and also of and in all those Messuages and Tenements with the Appurtenances, set lying & being in O. aforesaid, & also of & in cer∣tain Messuages Meeses Lands Tenements and Hereditaments, with the Appurtenances in R. S. and S. in the County of the City of Y. afore∣said. And also of and in the free fishing, in the said water or river of T, at O, aforesaid. to the use and behoof of the said H. Lord S. &c.

And likewise also of and in the rest and residue of the said Honours, Castles, Mannors, Lordships, Franchises, Fees, Liberties, Parks, Chases, Messuages Lands Tenements Advowsons and Hereditaments, and of all other the premisses, with all and singular their appurtenances whereof the said severall fines are before in and by these presents covenanted to be levied as aforsaid, and wherof no use is before in these presents li∣mited or appointed to the use and behoof of him the said H. Lord S. &c.

Provided alwaies, and it is fully concluded condescended unto, gran∣ted and agreed, by and between all and every the said parties to these presents for them and every of them, and for their and every of their Heirs, and the true intent and meaning of these presents is notwith∣standing, any limitation of the use or uses aforesaid that if it shall hereafter happen the said H. Lord S. or the said Sir T. S. and E. S. Esq;

or the said H. S. the son or any of them or any of the said sons or issue male of the several bodies of them or any of them inheritable, or which shalbe inheritable of the said premisses by force of these presents, and of the uses therein limited and expressed, to dy and depart this world, the Wife or wives of them or any of them being with child or conceived with child, at or before the time of his or their death, of or with any such son or sons, or issue male, as by the true intent and meaning of these presents, or of any the limitations or Declarations of the use or uses aforesaid, should or ought after the decease of his or their Father to have had any estate or use of or in the premisses or any part thereof if such son or sons or issue male had been born in the life time of his or their Father, that then from and after the birth of every such son or sons or issue male, the said severall fines and recoveries, covenanted or mentioned, to be had levied knowledged or suffered of the said premi∣ses as aforesaid shall be, and shall be adjudged construed and taken to be. And also that they the said H. S. I. R. Lord and G. L. and their heirs and the Survivor of them and his heirs, shall stand continue and be sei∣ed of all and singular the said Honors Castles Mannors Fees Parks Chases Messuages Lands Tenements Rents Reversions Advowsons Ser∣vices and Hereditaments, and every part and parcell thereof or of and in so much of the said Honors Castles Mannors, Fees Parks Chases Messuages Lands Tenements and of all other the said Hereditaments, as whereof, or wherein every or any such son or sons or issue male so to be born, shall or ought by the true intent and meaning of the Limi∣tations or Declarations of the use and uses aforesaid or any of them af∣ter the death of his or their Father, to have had any Estate or use in the same, if such son or sons or issue male had been born in the life time of his or their said Father, to and for the use of every such son and sons or issue male, so to be born as is aforesaid, and that of and under such Estate Degree Order, course place quality condition and limitation in all and every respects, and to all intents and purposes, as if every such son sons, or issue male had been born in the life time or lives of his or their said Father, to and for the use of every such son, and sons or issue male so to be born as is aforesaid, and that of and under such Estate Degree Order Course Place Qualitie Condition and Limitati∣on in all and every Respects, and to all intents and purposes, as if e∣very such son sons or issue male had been born in the life time or lives of his or their said Father, and with such Remainder and limitations over in use as is before in or by these presents.

Provided alwaies and it is fully concluded condescended unto, limi∣mited and agreed by and between the said parties to this present In∣dentures for them and their heirs that it shall, and may be lawfull to and for the said H. Lord S. at any time or times hereafter, during his life, to grant convey assure limit or appoint by his Deed or Deeds

indented, sealed and delivered in the presence of three lawfull and cre∣dible persons at the least, all and singular the said Honours Castles Mannors Lordships Rectories Parsonages, Lands Tenements rents Rever∣sions, Services profits Hereditaments, and other the said Premisses with the Appurtenances, or any part or parcell therof, or the use or possession of the same, or any part or parcell of the same, to or for any wo∣man or women whom he the said H. Lord S. shall hereafter marry or to whom the said Sir T. S. E. S. H. S. or any heir male, or issue then next to be inheritable of the said premisses or any part thereof by force of these presents, and of the limitations and uses thereof expressed limi∣ted or appointed, or any of them, or any heir apparant, of such said heir male or issue then next to be inheritable as aforsaid, shall hereafter lawfully espouse, marry or take to his or thier wife or wives for and during only the term or terms of the naturall life or lives of such woman or women for and in the name, or in and for the augmentation of the Joynture of such woman or women, wife or wives.

And further also that in like manner it shall and may be lawfull to & for the said H Lord S. Sir T. S. and also to and for the said H. S. the Son, * 1.53 and for all and every the sayd Sonnes, and Issue males or females of the several bodies of the said Sir T. S E. S: & H. S. and to and for every of the Issue males and females of the severall bodies of the said severall sons and Issue males aforesaid being seised of the Premisses or any part thereof in his or their demesne as of Freehold or fee-taile by force of any the uses or limitations herein before expressed by his their or any of their Deed or Deeds Indented or by his their or any of their such last will and testament in writing as shal be sealed and subscribed with his or their or any of their hand or hands, and pronounced and affirmed in the presence of 3 or more lawful witnesses to be his or their last will, to make any demise or demises Lease or Leases Devise or devises of such of the said premisses, or of such part thereof, as where∣of they the said H. Lord S. Sir T. S. E. S. or H. S. the son or any of the said sons issue or issues male or female, or any of them shall then be sei∣sed of in actuall and reall possession (other then of the Castle of B the Park of B. those Lands and grounds now known named used and occupied, as the demesne Lands of and to the said Castle of B. and and the Lead-mynes and Cole-mynes, being within the severall Man∣nors of B. and P. aforesaid, or any of them) to any person or persons, to have and to hold the same, from and after the time of the making of such Deed or Deeds Lease or Leases devise or devises or any of them to any person or persons for and during the term of fourscore years or of any lesser term of years, and not above, so as the same Lease or Leases Devise or Devises be not made to be without impeachment of wast, by any speciall covenant clause or matter for that purpose to be contained within any such deed or deeds or last Will and Testament

and so as the same be made in such sort as that the same do or shal end determine or expire by or upon the deaths of any one person or of two persons or of three persons at the most, or otherwise from and after the time of the making of such Deed or Deeds or last will and testament for and during the terme or termes of 21 yeares at the most or for any lessor term of years and not above from the time of the making of such Deed or Deeds or last will and testament and so that in and upon every such demise or demises lease or leases devsse or devises to be made for twenty years or under or for the term of fourescore yeares or under, determinable upon the death of one two or three persons as is aforesaid there be reserved and limited to be paid yearly during such term or terms to such person or persons for the time being to whom the Immediate Freehold of the things so to be demised letten or devi∣sed by the intents and true meaning of these presents, shal from time to time during the continuance of such term or terms appurtain such yearly Rent or Rents, and other sureties Boons customes arerages and services, or more as are at this present yearly answered paid or done for the said premisses by the now renants Farmers or occupiers of the same. And further also that it shall and may be likewise lawfull to and for the said Sir T. S. E. S. his son and heire apparant and the said H. S. and also to and for every or any of the son or sons heirs males or Issue male of the severall bodies of the said S. E. Sir S. H. his said son & of H. S. the son and to and for every the said sons and Issue males of severall bodies of the said sons and Issue males as is aforesaid, being then seised in their or any of their demesne as of freehold, or in tale by force of any the uses or limitations herein before expressed, of or in any of the said Lands Tenements and Hereditaments, herein before expressed or of any part thereof in or by his their or any of their Deed or Deeds Indented by him or them to be sealed and subscribed, and in the presence of two or morelawful and credible witnesses at the least or by his will last &c. by him or them pronounced or affirmed to be his or their last will to appoint limit give or devise any part of such and so much of the said Honors Castles Mannors Lorships Advowsons Perso∣nages Messuages Lands Tenements, and of all other the said Premisses, with all & singular their appurtenances as he or they shall then so stand or be seised of as is aforesaid not exceeding in ancient yearly value or rent the sum of foure hundred pounds by the yeare of to or for any woman or women which they or any of them shal at any time or times hereafter lawfully espowse marry or take to his their or any of their wife or wives or which shal be married to the son and heir apparant of any such son or Issue male, & who then shall stand and be thereof seised as before is mentioned for her or their Jointure or Dower during the naturall life or lives onely of such woman or women so as the said gift devise Limitation or Appointment for Joynture or Joyntures be

not made to be without Impeachment of wast by any speciall Cove∣nant clause or matter for that purpose to be contained in any such Deed or Deeds or last will.

And further also that it shall and may be like wise lawfull to and for * 1.54 the said Sir T. S. His said son and heir apparant and to the said H. S. The son and also to and for every of the said son or sons male or Issue male of the said several bodies of the said Sir T. S. E. S. his said son and heir apparant and of H. S. the son and to and for every of the said Issue male of the severall bodies of the said severall sons and Issue male having as is aforesaid the lawful actual and real possession of the Free-hold of the said Premisses or of any part thereof likewise in or by his or their or any of their Deed or Deeds Indented by him or them to be sealed and subscribed and in the presence of two or more lawfull witnesses or in or by his or their last will and Testament in writtng by him or them to be sealed and subscribed and in the presence of two or more lawfull witnesses by him them or any of them pronounced and affirmed to be his or their last will to appoint limit give or devise all or any part of such and so much of the said Honors Castles Mannors Lordsships Advowsons Messuages Lands Tenements, and of all other the said Premisses with all and singular their Appurtenances as he or they, or such of them so making such Deed or last will shall then be seised of an Estate of Freehold or in tail as before is expressed, to or for every or to any of the younger son or sons of them or any of them as to such person so makeing such Deed or last will shall be thought meet or Convenient (other then of the said Castle of B. park of B. and the Mannors of R W. and R. in the said Countie of Y and all the Farmes Messuages Burgages Lands Tenements Woods Underwoods Meadowes Pastures Rents Reversions Services Cole mynes, Leadmynes Stone-quar∣ries and Hereditaments whatsoever, all and singular their and every of their Appurtenances let lying or being in B. &c. and every or any of them for the better livelihood maintainance Education and preferment of such said younger son or sons or to any other person or persons to the use or uses of such said younger son or sons for and during the term of the natural life and lives of such said younger son and sons only and not for any longer time or term so that the same Premisses or such part thereof as shall be so devised granted limited or appointed by such Deed or will to such said younger son or sons as is aforesaid shall not or do not exceed and amount in yearly Revenues profit and rent of by year for every or any such said younger son or sons or any of them such of them as to whom or to whose use such devise limitation or ap∣pointment so to be made to such said younger son or sons as is aforesaid severally to every or any such said son or sons & not Joyntly one with an other and so that every such gift devise limitation or appointment so to be made to such said younger son or sons as aforsaid and the estate

so therof and therin to be given granted devised limited or appointed, shall expire and end, upon the death of such said younger Son only, as to whom or to whose use such said Grant Devise Limitation or Ap∣pointment shall be so made as is aforesaid, and so as also such and e∣very or any such said Gift Devise Limitation or Appointment, for such said younger Son or Sons as aforesaid, be not made to be without im∣peachment of Wast, by any speciall Covenant Clause or Matter for that purpose, to be contained in any such Deed or Deeds, or last Will: And so as also the said Devise Limitation or Appointment shall be no incumbrance of the Lands Tenements or Hereditaments before limi∣ted, for the Joynture of the said Lady P. or of any part therof, or of such Lands and Tenements as shall be demised devised or leased, ac∣cording to the form and effect of these presents, or otherwise con∣veyed or assured in Lease as before is mentioned.

And it is further also likewise fully Covenanted, Granted, Conclu∣ded, * 1.55 Condescended unto, Limitted and Agreed by and between the said parties to these present Indentures, for them and their Heirs, that if it shall happen or fortune at any time or times hereafter, the said Sir T. S. E. S. his said Son and Heir apparant, or the said H. S. the Son, or any the Son or Sons, Heirs Male or Issue Male of the several bodies of the said Sir T. S. H. S. or of the said H. S. the Son, or any the said issues Male of the several bodies of the said H. Lo. S. or of the several sons and issues Males aforesaid, being then seised of the pre∣misses, or of any part thereof in his Demesne as of Fee-taile, or in his Demesne as of Free-hold by force of any of the Uses, Limitations be∣fore expressed, or any of them, and having issue one only daughter and no more of his or their body or bodies lawfully begotten, and which at the time of his or their death shall be unpreferred, and not sufficiently advanced in Marriage by her said Father, or otherwise to to have two or moe daughters of his or their bodies likewise lawfully begotten, and which at the time of his or their death shall be unpre∣ferred and unadvanced in marriage by their said Father, as is aforesaid, That then it shall and may be likewise lawful to and for Sir T. S. E. S. his said son, and the said H. S. and also to and for every, or any other of the said son or sons, Heirs Male, or issue Male of their or any of their several bodies, and to and for every of the said issues Male of the several bodies of the said several sons and issues male being then seised of the Premisses, or of any part therof in his or their Demesne as of Free-holds or Fee Taile by force of any of the Uses or Limitations herein before expressed, in like manner in or by his or their or any of their Deed or Deeds Indented by him or them to be sealed and subscribed in the presence of two or moe lawfull witnesses, or in or by his or their last Will and Testament in Writing by him or them to be Sealed and Subscribed, and in the presence of two or moe lawfull

witnesses, by him, them, or any of them to be pronounced or affirmed to be his or their last Will, to appoint, limit, give, devise, and demise * 1.56 such and so much of the said Honors, Castles, Mannors, Lordships, Advowsons, Messuages, Lands, Tenements, and all other the premisses with all and singular their appurtenances, wherof he or they, or such of them so making such Deed, or last Will shall be then seised as is afore∣said, to or for every or any such daughter or daughters or such of them as shall be so seised as before is mentioned, and shall so make such Deed, or last Will as aforesaid, not exceeding the ancient Rent and yearly value of 200l. by year, other then of the Castle of B. and of all the said Farms, Messuages &c. for any other person or persons, to the Use or Uses of such said daughter or daughters, for their or any of their better Livelihood, Maintenance, Education and Preferment in marriage, for and during such time and term, and until such time and term as such said daughter or daughters, or other person or persons to her or their or any of their Uses to whom such Grant, Devise, Limitation, Demise or Appointment shall be so had or made as is aforesaid, or may, or otherwise without fraud, coven or collusion, might have lawfully (of the Rents, Issues, and Profits yearly comming, growing, arising, or renewing of the said Premisses, so to be given, granted, demised, devi∣sed, limitted or appointed, or of such fines or other casualties as shall or may without fraud or coven, be received to or for the occupation or injoying therof or any part therof) received, perceived and taken, and such sum and sums of mony as shall or otherwise might suffice to content satisfie and pay unto such said one sole daughter, if there be no more of him or them, which shall or may by the true meaning of these present Indentures, and of the Uses therin limited and appointed, make such said Gift, Grant, Demise, Devise, Limitation, or Appoint∣ment at the time of his or their death to be living and not married nor otherwise sufficiently preferred as is aforesaid, the whole and just sum of 1000 l. of good &c. for and towards the Education, liveli∣hood, maintenance and preferment in marriage, as is aforesaid of the same sole and only daughter; and if there happen to be more then one then for and until such time as such said daughters, or such other per∣son or persons to whom any such Grant, Devise, Limitation, Demise or appointment, shall be so had or made to the use of such said daugh∣ters, or any of them as is aforesaid, shall or may, or without fraud, covin, or collution, might have lawfully (of the Rents, Issues, and Profits yearly comming, growing, arising, or renewing, of, or in the said premisses, so to be given granted, demised, devised, limited, or appointed for that purpose or intent) have received, perceived and taken such sum and sums of money as may or otherwise (over and a∣bove all charges and reprises) might suffice to content, satisfie and pay unto such said daughters of him or them, which shall or may by the

true meaning of these present Indentures, and of the Uses therin li∣mited and appointed, making such said Grant, Devise, Demise, limi∣tation or appointment, and having more then one daughter at the time of his or their death to be living and not married, nor other∣wise sufficiently preferred, as is aforesaid, viz. To either and every of them the whole and just sum of &c. for and towards their and eve∣ry of their Education, livelihood, maintainance, and preferment in marriage, or otherwise as aforesaid so as the said Gift, Devise, limita∣tion or appointment be no incumbrance, to or for the Lands, Tene∣ments, or Hereditaments before limited or appointed to or for the Jointure of the said Lady P. or of any part or parcel therof, or of any Lands, Tenements or Hereditaments to be demised devised or leased according to the form and effect of these presents, for or concerning the same Devises, Leases or Grants, or any of them.

And for the further security and sure making of all and singular, * 1.57 and every part therof, to be demised or letten, according to the true intent and meaning of these present Indentures.

It is further granted, condescended unto, and fully agreed by and between all and every the said parties to these presents, for them and their Heirs, and every of the said parties, doth covenant, grant, con∣clude, agree, to and with the other of them, their Heirs Executors and Administrators, and every of them by these presents, that the said se∣verall Fines and Recoveries so before in and by these presents, cove∣nanted, mentioned, intended, meant, or specified to be had, made, knowledged, levied or suffered, of the Premisses, and of every or any part or parcell therof, shall be adjudged, construed, and taken to be. And also that they the said H. S. I. M. R. L. G. L. and their Heirs, and the Survivor and Survivors of them, his and their and every of their Heirs shall stand and be seised, of, for, and concerning such and so much of the said Mannors Lands Tenements and other the Pre∣misses, as shall be so demised, letten, or devised as is aforesaid, by them the said Sir T. S. E. S. his said Son, and H. S. the Son, or any of the said Son or Sons, Heirs Male, or Issue Male of the severall bodies of the said Sir T. S. E. S. and H. S. or any of the said Issues Males of the severall bodies of the said severall Sons, and Issues Male, being then at the time of such said Demise, Grant, Limitation, or Appointment, to be had or made as before is mentioned, seised in their or any of their Demesne as of Free-hold, or Fee-tail, by force of any the Uses, Limi∣tations, or Estates herein before mentioned, to the use of all such and so many of the person and persons aforesaid, and of their Executors Administrators and Assigns, to whom such Demise and Demises, Lease or Leases, Devise or Devises, for any such term or terms of years shall be made, according to the intent and true meaning of every such De∣mise Lease or Devise so therof to be made, in such sort as shall be li∣mited,

specified, or meant, in or by such Demise, Lease, or Devise, for the person or persons to whom such Demise, Lease, or Devise, and for the Executors Administrators and Assigns of them and every of them; To have and to hold and enjoy the things to him or them so to be de∣mised, leased, or devised, for and during only such and so long time or the term or terms, for the which such Demise or Demises, Lease of Leases, Devise or Devises shall be had or made as is aforesaid: So as every such person or persons, to whom such Demise or Demises, Lease or Leases, Devise or Devises shall be so made, and his and their Execu∣tors Administrators and Assigns, having sufficient notice and know∣ledge to whom the same by the true intent and meaning of these pre∣sents, shall of right belong and appertain, shall well and truly pay or cause to be paid to such person or persons for the time being, to whom the next and immediate Reversion or Remainder of the thing or things, to him or them so to be demised, letten, or devised, shall during such term or terms appertain, the yearly Rent or Rents in or by such Demise, Lease or Devise to be reserved or mentioned, to be reserved at the day in or by such Demise, Lease, or Devise, according to the re∣servation, or clause of reservation therin to be contained to be limi∣ted or appointed, according to the true meaning of such Deed or Deeds, or last Will and Testament, in or by the which such Demise, Lease, or Devise shall be so made, or within one and twenty daies at the furthest, next after demand made of and for the said Rent or Rents or such part therof, as in respect or by reason of such Demise Lease or Devise, Deed or Deeds or last Will and Testament, then shall or ought to be due and payable. * 1.58

And that as for and concerning all and so much of the said Premi∣ses as shall be by the said H. Lord Sir S. T. S. E. S. the Son, or any of the Issues Male of the severall bodies of the said severall Sons and Issues Male, or any of them limited appointed given disposed or devised to or for the Joynture or Joyntures of any such woman or women, for her or their Joynture, for term of the naturall life of such woman or women, or to or for any such younger Son or Sons, Daughter or Daughters of such and every such of them, as by and according to the intent and true meaning of these present Indentures, and of the Uses and Limitations therin expressed, is or shall be paid, made, provided, limited, or declared, or to or for any other person or persons, for their or any of their Uses, according to the purport and true meaning of such Deed or Deeds, or last Will and Testament, wherin or wherby such Limitation Appointment, Gift, or Devise, shall be had made or specified as is aforesaid, and after the Decease of every such woman or women, younger Son or Sons, and after the satisfaction of such se∣verall Sum and Sums of money, as to the said Daughter or Daugh∣ters shall by the intent and true meaning of these presents, belong or

appertain, and as the said uses Provisions and Limitations herein before expressed, by the true meaning and intent of these present Indentures, shall severally end and determine, then to the use of such person and persons, as by the true intents and limitations, or of any of the Limi∣tations in use aforesaid, should or ought to have the same, if no such Limitation Appointment Gift or Devise, to or for them, or any of them, had been so therof had made limited or appointed in any wise, and of and for such Estate and Estates, and in such order, form, course, nature, quality, and degree, and with such Remainder and Remainders therof, over and by, and upon, and under such Provisoes and Limita∣tions, as the same person or persons, by the true intent and meaning of these presents should and ought to have been or remained, if no such Limitation, Appointment, Gift, or Devise had been therof had or made, to or for such woman or women, younger Son or Sons, Daughter or Daughters, as before in and by these present Indentures, are limited and expressed: And the said H. Lord S. for and upon the causes and considerations aforesaid, doth for him self and his Heirs, * 1.59 for the further security and sure making of all and singular the Pre∣mises, to the severall Uses aforesaid, and according to the intent and true meaning of these presents, also covenant, grant, and agree, to and with all and every the parties to these present Indentures and their Heirs.

And it is also further covenanted, granted, and agreed, by and between all and every the said parties to these presents, for them and their Heirs and every of them, that he the said H. Lord S. his Heirs and Assigns, and all and euery other person and persons, and their Heirs, which from and after the said Feast of &c. next com∣ing, shall stand and be seised of all or any of the said Honors Castles Mannors Lordships Seigniories Advowsons Patronages Messuages Lands Tenements Hereditaments, and other the said Premises, with the Appurtenances above mentioned, and every or any part or parcell therof, and which before the said Feast of &c. next coming after the date hereof, shall not be well and sufficiently by Fine or otherwise conveyed and assured, to the several uses purposes and intents before in these presents mentioned, or wherof no such Fine or Fines, Recove∣ry or Recoveries as is aforesaid, shall be before the said Feast-day of &c. as aforesaid, had, levied, knowledged, and suffered, of and in every part and parcell therof, according to the said intent and true meaning of these present Indentures. shall at all time and times, and from and after the said Feast-day of &c. for the conside∣rations herein before expressed, stand and be seised of and in the same, and every part therof, to the severall uses purposes and intents before in these presents expressed, limited, and appointed, and in such sort manner form quality degree nature and condition, and of and for and

of, and in such Estate and Estates, and under and upon such Provi∣soes Limitations and Authorities, and according to the true intent and meaning of these present Indentures, in such ample large and benefi∣ciall manner and form, to all intents constructions and purposes as the same should or ought to have grown, been raised or taken, any ef∣fect in case the said severall Fine and Fines, Recovery and Recoveries, so before in and by these presents, covenanted mentioned intended or agreed to be had levied knowledged or suffered of the said Premisses, had been had and executed, according as before in these presents are expressed. Provided moreover, and it is also by these presents * 1.60 further granted, concluded, condescended unto, and fully agreed by and between all the said parties to these present Indentures, for them and their Heirs, notwithstanding the Premisses, and notwith∣standing any thing before in these presents specified, that if it shall for∣tune at any time or times hereafter, the said H. Lord S. the said Sir T. S. the said E. S. or H. S. the Son, or any of the said Son or Sons, Heirs Male or Issue Male of the severall bodies of them, or any of them, or a∣ny of the said Issues Males of the severall bodies of the said severall Sons and Issues Male, or any of them, being then seised of the Premises, or of any part therof, in his or their Demesne as of Free-hold, or Fee-tail, by force means or virtue of any of the uses limitations or estates herein before expressed, at any time or times hereafter to be taken cap∣tive or Prisoners in the time of War, or other Service of our Soveraign Lady the Queens Majesty, her Heirs or Successors, and in defence of her or their Highnesse Crown or Realm, by any forraign or adverse Prince, Power, or Force, that then and at all times from thenceforth during such Captivity or Imprisonment, and before any full ransom paid for his or their delivery, if he the said H. Lord S. and the said Sir T. S. E. S. and H. S. the Son, or any of the Son or Sons, Heirs Male or Issue Male, of the severall bodies of them, or any of them, or of any of the said Issues Male, of the severall bodies of the said severall Sons and Issues Male, or any of them, being then (as is aforesaid) seised of the said Premisses, or of any part or parcell therof, in his Demesne as of Free-hold, or Fee tail, and so being taken Captive and Prisoner as aforesaid, and for the payment of his or their reasonable Ransom, or any Sum or Sums of money, for his or their Delivery, shall or do, in or by his or their Deed or Deeds, Writing or Writings, knowledged and inrolled in any of the Courts of Record of our said Soveraign Lady Elizabeth the Queens Majesty, or her Heirs or Successors at Westmin∣ster, or otherwise in or by his or their Deed or Deeds, Writing or Wri∣tings indented by him or them to be sealed and subscribed, in the pre∣sence of two or more lawfull and credible Witnesses declare limit or appoint, that all and every or any of the use or uses in these presents limited or mentioned, of all or such of the said Honours Castles Man∣nors

Lord-ships Advowsons Patronages Lands Tenements and He∣reditaments, and other the said Premisses before mentioned, with the Appurtenances, wherof such person or persons so making such decla∣ration limitation or appointment as aforesaid, shall be then actually seised in his Demesne as of Free-hold, or in Fee-tail, as before is menti∣oned, or of any of them, or of any part parcell or member of them, or any of them in the whole, not exceeding the yearly value of 200 l. by the year, other then of the said Castle of B. &c. and Hereditaments * 1.61 whatsoever, with all and singular their and every of their Appurtenan∣ces set lying & being in E. &c. and every or any of them as is aforesaid, That then and from thenceforth, as well all and every such use and uses and limitations, as are before in these presents mentioned, and shall hap∣pen so to be declared limited or appointed to cease or to be ended and determined, and all and every Estate and Estates, Interest and Interests, had made raised or wrought, by reason means or in respect of these presents, or of any the severall Fine or Recoveries, Clauses or Articles * 1.62 above mentioned, or any of them, or otherwise then for and concern∣ing the said Leases and Joyntures, provided intended or limited to be had and made as aforesaid, and either of them shall cease and deter∣mine, and otherwise be meerly and utterly adnihilated and made void, for and concerning such and so much of the said Honors Castles Man∣nors Messuages Lands Tenements and other the said Premisses, and every part therof, wherof the said use or uses shall be so declared limi∣ted or appointed to cease or to be altered avoided ended and determi∣ned, in manner and form aforesaid, and not otherwise (saving and ac∣cepting such Use and Uses, Estate and Estates, Devise and Devises, Lease and Leases, Demise and Demises, Appointments or Limitations, or any term or terms of year or years, or for the life or lives of any Wife or Wives, Woman or Women, younger Son or Sons, Daughter or Daugh∣ters, as shall according to the true intent of these presents be made li∣mited or appointed by them the said H. Lord S. Sir T. S. E. S. and H. S. the Son or any of the said Son or Sons, Heirs Male or Issue Male of their or any of their severall bodies, or by any of the said Issues Male of the severall bodies of such said Son or Sons, or Heirs Male, being then seised in his or their Demesne as of Fee-tail or Free-hold, of or in the said Premisses as aforesaid, or of any part or parcell therof: And that then and from thenceforth the said severall Fines and Recoveries so to be had levied and suffered of the said Premisses, wherof the Use or Uses aforesaid, shal be so declared or appointed, to cease, shall be, and shall be adjudged, construed, and taken to be. And likewise that they the said H. S. I. M. R. L. and G. L. and their Heirs, and the Survivor and Survivors of them, and his and their Heirs, shall from thenceforth stand and be seised of such of the said Premisses, wherof the use or uses aforesaid shall be so declared or appointed to cease, and of every or any

part or parcell therof, to the only use and behoof of such of them the said H. Lord S. Sir T. S. E. S. and H. S. or any other Son or Sons, or Issue Male of their or any of their severall bodies, or any the Issue Male of the severall bodies of the said severall Sons, and Issue Male as shall so then stand or be seised, in his or their Demesne as of Free-hold or Fee-tail, of or in the Premisses, or of any part therof, and shall so make such Declaration. Limitation, or Appointment, for the ending and determining of the Uses before in these presents limited, of the said last recited or mentioned Premisses, their Heirs and Assigns for ever, to that intent and purpose only, that it shall and may be lawfull to and for them and any of them, so being taken Captive and Prisoner, and making such declaration, limitation, or appointment, for the ceasing and ending of the said Uses, in manner and form aforesaid, and every or any of them. And likewise also that they, or such of them as shall make any such declaration or appointment, for such ending or deter∣mining of the Uses aforesaid, to be had or made as is aforesaid, shall have full authority and power, freely clearly and absolutely to bargain alien sell and convey such and so much of the Premisses, wherof he or they shall be then seised as is aforesaid, not exceeding the value of 200 l. by the year (except lastly excepted) as wherof such declaration limi∣tation or appointment, for the ending or determining of the Uses be∣fore in these presents raised or limited, or any part or parcell therof, shall be so had or made as aforesaid, or otherwise the Reversion or Reversions, Remainder or Remainders therof to any person of per∣sons whatsoever, in Fee-simple Fee-tail, or any other Estate whatsoe∣ver, saving and alwaies excepting and reserving, that such said Bargain Sale Grant Conveyance, and other Assurance so therof to be made, for the payment of such said Ransom or Sum or Sums of money for the same purpose or intent, be not or may not be adjudged construed or taken to be prejudiciall or hurtfull to any Estate or Estates, Demise or Demises, Lease and Leases, Devise and Devises, Appointment or limi∣tation of any term of years, or of life or lives of any wife or wives, wo∣man or women, younger Son or Sons, Daughter or Daughters, as shall then before have been, according to the true intent of these pre∣sents, therof made limited or appointed to them or any of them, in any wise.

Provided likewise, and moreover it is by these presents finally Con∣cluded, * 1.63 Covenanted, Granted, Condescended unto, and Agreed by and between all the said parties to these presents, for them and their Heirs, notwithstanding the limitations, declarations and creating of the Use or Uses in or by these presents as is aforesaid. And notwith∣standing any thing before in these presents, That if the said H. Lo. S. at any time or times hereafter, in or by his Deed or Deeds in Writing or Writings, indented, knowledged, and inrolled in any of the Courts of

Record of our said Soveraign Lady the Queens Majestie, her Heirs or Successors, declare limit or appointe, that all and every the use and uses or any of the Use or Uses, in these presents before limited or mentioned of all the said Honors, Castles, Mannors, Lordships, Advowsons, Lands, Tenements and Hereditaments, and other the premisses before mentioned with their appurtenances or of any of them, or of any part, parcel or member of them or any of them shall cease, or in any wise or sort whatsoever be adnihilated, altered, abridged, made void or de∣termined, that then and at all times thenceforth, and so often, as well all and every such Use and Uses so to be declared, limited or appointed to cease, or to be altered, abridged, or made void and determined, and all and every estate and interest, estates and interests, had, made, raised or wrought, or to be had, made, raised, or wrought, by reason or in respect of these presents, or of any the several Fines, Recoverie or Re∣coveries above mentioned, shall accordingly cease, determine and be adnihilated, altered, abridged, made void and determined, for and con∣cerning such and so much of the said Honors, Castles, Mannors, Lord∣ships, Advowsons, Messuages, Lands, Tenements, Rents, Reversions, Services and Hereditaments, and of all other the said premisses wherof the said several Fines afore mentioned, are Covenanted to be levied as aforesaid, wherof the said Use or Uses shall be so declared, limited or appointed to cease or to be altered, abridged or made void and deter∣mined (saving and excepting such Use and Uses, Devise and Devises, Lease and Leases, Demise and Demises, Appointment or Limitation of any term or terms, as is or shall be made according to the form and effect of these presents by the said H. Lo. S. and also such use and uses, estate and estates as are appointed or limited by these presents, for or during the natural life of the said Lady P. as are before in and by these presents, or at any time shall then before behad, limited or appointed, to or for the said Joynture of the said Lady P. And also that the said several Fines and Recoveries so to be had, made, levied, knowledged, suffered or executed by the said H. Lo. S. and all and every other Fine and Fines, Conveyance and Conveyances to be had or made therof, or of any part therof shall be, and shall be adiudged, construed and taken to be. And also that they the said H. S. I. M. R. L. and G. L. and every of them, and the Survivor and Survivors of them, and of every of them, and their, and every of their Heirs and Assigns, and every of them shall stand and be seised of, and in such and so much of the said Honors▪ Castles, Mannors, Lordships, Fees, Advowsons, Messuages, Lands, Tenements and Hereditaments, and of all other the said Pre∣misses, or of any of them, wherof the use or uses aforesaid, or any of them, or any such use or uses as is aforesaid, shall be so declared, limited or appointed to cease, or to be altered, abridged or made void, and de∣termined, to and for the only use and behoof of the said H. Lo. S. and of

his Heirs and Assigns for evermore, subject and charged alwayes not∣withstanding to and with such Lease and Leases, Demise and Demises, as the said H. Lo. S. shall hereafter grant or limit to any person or per∣sons according to the form and effect of these presents, and to and with the uses, interests, and estates before limited or meant, or inten∣ded to be, to or for the said Lady P. her Joynture as is aforesaid. But yet notwithstanding if at any time or times hereafter the said H: Lo, S. in or by his Deed or Deeds, Writing or Writings, knowledged and In∣rolled in any Court of Record of our Soveraign Lady the Queens Majestie, her Heirs or Successors, shall give, declare, dispose, limit or appoint all and singular the said Honors, Castles, Mannors, Lands, Tenements, Rents, Reversions, and Hereditaments and all other the said premisses, wherof the said severall fines are before covenanted to be levied as aforesaid, or any of the same, or any part therof, or any Use or Uses, Estate or Estates, Possession or Interest, of or in the said Honors Castles Mannors Messuages Lands Tenements and Heredi∣taments and Premisses, or of or in any part therof, to or for any per∣son or persons, or in any sort whatsoever: That then and from thence∣forth the said severall Fine and Fines, Recovery and Recoveries, to be had levied knowledged or suffered, by or for the said H. Lord S. and the said H. S. I. M. or by or for the Survivor and Survivors of them, shall be, and shall be adjudged construed and taken to be. And also that they the said H. S. I. M. R. L. and G. L. and every of them, and the Survivor and Survivors of them, and their and every of their Heirs, shall stand and be seised for and in such and so much of the said Ho∣nors Castles Mannors Lands Tenements Hereditaments and Premisses, or of any of them, as of for or concerning the which, any such Gift Disposition Declaration Limitation or Appointment, in or by such Deed or Deeds enrolled, shall be so had or made by the said H. Lord S, to and for such Use and Uses, and to the Use of such person and persons, and of and for such Estate and Estates, Interest and Interests, and in such nature course quality and degree, and upon and under such Condition and Conditions, Limitations and Provisoes, and in such sort manner and form, as in or by such Deed or Deeds inrolled, shall be of for and concerning the same limited and appointed, declared or expressed by the said H. Lord S. whether the Uses Estates, or any Use or Estate of or in the Premisses, or any part therof before, in and by these presents are mentioned, be in or by such Deed or Deeds inrolled, by any expresse word matter or thing contained therin, declared limi∣ted or appointed to cease or to be adnihilated altered abridged made void and determined, or not, and yet the said other Use and Uses, E∣state and Estates, so to be disposed declared devised limited or appoint∣ed, by the said H. Lord S. in or by such Deed or Deeds inrolled to be notwithstanding, and alwaies subject and charged to and with the Use

and uses Interest and Estate before by these presents, or at any time before the making of these Presents, limited or meant, to or for the said Ladie P. for her Jointure as aforsaid, and to and with every such Lease and Leases as shall be made by the said Lord S. according to the intent and true meaning of these Present Indentures any thing matter or clause in these Present Indentures contained, to the contrary thereof in any wise notwithstanding, In witnesse whereof &c.

Popham, Egerton, Cooke, Brograve, Atkinson, Godfrey, Hesketh, Owen.

Settlement of Estate.

THis Indenture made &c. Between G: B: &c: of the one part, and P. W. &c. and W. B. &c. of the other part, witnesseth that the said G. B. for divers good and weighty Considerations him thereunto moving, and especially to the end intent and purpose that all and singular his Mannors Lands Tenements and Hereditaments, heretofore not conveyed or assured by the said G. B. to remain and Continue (or after the decease of the said G. B. unto the Name and Blood of the said G. B. shall and may accrue) and come after the de∣cease of the said G. B. unto the Heirs males of his body lawfully issu∣ing, and for default of such issue then to the severall brothers and next heirs males of the said G. as is hereafter limited in and by these Pre∣sents, with the liberty neverthelesse for the said G. B. freely and clear∣ly to dispose change or alienate the Premisses or any part thereof for any Estate or Estates whatsoever, and to revoke recall all and every the use and uses hereafter in these Presents limited mentioned appointed or any of them as in & by these presents herafter more fully appeareth; hath covenanted granted declared and agreed and by these Presents for him his Heirs and Assignes doth covenant declare grant and a∣gree to and with the said P. W. and W. B. their Heirs and Assigns that he the said G. B. shall and will from and after the day of the date * 1.64 of these Present Indentures and before the Feast day of Easter which shall be in the year of our Lord God 1596 acknowledge and levy two or more Fines with Proclamations according to the course of fines used within the Counties Palatine of Chester and Lancaster before her Majesties Justice or Justices of assize in that behalf lawfully autho∣rised or before some other person or persons in that behalfe law∣fully and sufficiently authorized unto them the said P. W. and W. B: and the Heirs of one of them, or unto some other persons and the Heirs of one of them, and by such name or names in that behalfe

as by the said P. and W. B. Councell learned shall be reasonably re∣quired of all and singular the Mannors Lordships Lands Tenements and Hereditaments, of the said G. B. scituate lying and being within the said severall Counties Chester and Lancaster and heretofore not conveyed or Assigned to and for the Jointure of K. G. the now wife of the said G. hath the remainders thereupon limited declared and ap∣pointed the particulars of such lands so assured in Joynture do appear in or by one Indenture in that behalf only had or made by the said G. B. And the said G. B. doth for him his Heirs and Assigns Covenant grant limit declare and agree to and with the said P. W. and W. B. their Heirs and Assigns that as well the said fine and fines so to be hereafter acknowledged and levyed as aforesaid as also that all and every other fine and fines in any wise acknowledged or levyed by the said G. B. at any time from and after the day of the date of these present Indentures and before the Feast of Easter which shall be in the year of our Lord God 1596. unto any person or persons of all or any the said Residue of the said Mannors Lorships Lands Tenements or other Hereditaments, of the said G. B. and the Estate and Execution thereof shall be and that all and every the said Conysees and their Heirs shall from and after the levying and Execution of the said fine or fines immediately stand and be seised of all and every the Mannors Lordships Lands Tenements and other the Hereditaments, therein Comprised or to be Comprised according to the true intent and mean∣ing of these presents to the onely uses intents and purposes and under and upon the Provisoes Limitations Conditions, and Agreements. here∣after mentioned and to no other use intent or purpose whatsoever, that is to say to the use and behoofe of the said G. B. and the Heirs males of his body lawfully begotten and to be begotten and for default of such Issue then to the use and behalf of E. B. brother of the said G. and the heirs males of his body lawfully begotten or to be begot∣ten & for default of such Issue then to the use of I. B. one other brother of the sayd G. B. and of the Heirs males of his body lawfully begotten and to be begotten and for default of such Issue then to the use and be∣hoof of R. B. one other Brother of the said G. B. and of the Heirs males of his body lawfully to be begotten and for default of such Issue then to the use and behoof of the said G. his Heirs and Assigns forever.

Provided alwaies nevertheless, and it is fully agreed between the said * 1.65 parties to these presents, that the use & intent of the said Fine & Fines is, & so for ever shal be reputed, and tearmed so to be, that it shall and may be lawfull to and for the said G. B. at any time or times during his naturall life by any his Deed or Deeds in Writing, as well to li∣mit convey appoint lease or assure all or any the Mannors Lordships Lands Tenements and other the Hereditaments so comprised or to be comprised in the said Fine or Fines or any part or parcell thereof unto

any other person or persons, their heirs Executors or Assigns, for any term freehold, or other Estate or Estates whatsoever, upon Conditi∣on limitation or otherwise by any his Deed or Act in Writing under his hand and seal, or by his last Will and Testament in Writing publish∣ed in the presence of lawfull witnesses, simply and absolutely at his Will and pleasure, notwithstanding any the said use and uses in these presents formerly limited or appointed, as also by any his like Deed or Deeds in writing, or such last will, as aforesaid, to grant to any per∣son or persons, their Heirs Executors or Assigns, or to any of them to any use or uses whatsoever, any annuall or yearly Rent or Rents Charge, or otherwise to be issuing & going out of all and singular the said Mannors Lordships Lands Tenements or Hereditaments so compri∣sed, or to be comprised, in the said Fine or Fines, or out of any part thereof for any term time, Estate or Estates whatsoever, upon any Condition limitation, or otherwise simply & absolutely at his will and pleasure, as to the said G. shall in any wise hereafter seem expedient or convenient.

And it is likewise agreed, by and between the said parties to these presents, that the Conusees and their heirs, shall stand and be seized from time to time, and at all times respectively and severally, as well from and after such Limitation Conveyance Appointment or Assu∣rance of the said premisses, or of any parcell thereof so to be had or made by the said G. as aforesaid, of such and so much of the said pre∣misses, as by him shall be so limited conveyed appointed leased decla∣red or assured as aforesaid, unto the use of such person and persons to whom the said G. shall so limit convey appoint declare lease or assure the premisses or any part thereof as aforesaid, for such terms Estate and Estates whatsoever, and in such manner form and condition, as the said G: B. shall by his said Deed or Deeds, so limit will convey appoint lease declare or assure the premisses, or any part thereof, and after∣wards then to the severall use and uses before in these pre∣sents limited and appointed, as also shall likewise stand and be seized to the use intent and purpose, that all and every such person and per∣sons, their Heirs Executors and Assigns, to whom the said G, B. shall hereafter by any his Deed or Deeds, or by his last Will and Testa∣ment in writing, limit appoint grant declare or bequeath any annu∣all or yearly Rent or Rent Charge, or otherwise to be issuing or going out of all or any the said Mannors Lordships Lands and Tenements and other Hereditaments so comprised or to be comprised in the said Fine or fines, or out of any part thereof shall and may annually and yearly have perceive and receive all and every such annuall or yearly Rent and Rents, to him or them limited appointed granted declared or be∣queathed at such days and times, and for such term Estate and Estates whatsoever, and in such manner and form, as by such said limitation

Appointment, Grant declaration bequest, or by the true intent or meaning thereof, shall be in any sort limited mentioned appointed or declared.

Provided nevertheless and upon Condition, and the use and intent of the said Fine and Fines, and the Execution thereof is and so for e∣ver shall be taken to be, that if the said G. B. at any time and times hereafter, shall be minded or determined to Revoke Repeal and make void, all or any the use or uses formerly in or by these presents limited or appointed unto the said E. B. I. B. and R. B. or unto any of them, or unto any of their heirs males of their or any of their severall bodies aforesaid, and hereupon shall signifie or publickly by any his Deed or Deeds in Writing sealed and delivered, or by his last Will and Testa∣ment in Writing by him published, in the presence of two Witnesses, such his purpose and determination, to Revoke and Recall, and shal and do thereby likewise revoke and Recall all & any the said uses, or any the Estate or Estates thereby, or by the meanes hereof invested, or to be invested in the said E. B. A. B. and R. B. or any of them, their, or a∣ny of their heirs males of their bodies, that then and from thenceforth all and every such use and uses, Estate and Estates, as he the said G. B. shall so signifie or Publish by his Deed or Deeds or last Will as a∣foresaid, that he is so purposed to revoke and recall, and which he the said G. B. shall so revoke and recall, shal immediatly cease be void frustrate, and of no longer Effect or Continuance in the Law, as if the said Use or Uses, Estate or Estates, so revoked or recalled, or signified to be Revoked or Recalled, had neverbeen mentioned or limi∣ted in these present Indentures, any limitation of use or uses in these Presents or any the grant Execution making or declaring of any Estate or Estates by livery or otherwise before such said Revocation Recalling or alteration, or any other matter or thing whatsoever to the contrary notwithstanding. In witness whereof, &c.

• Tildesley
• Davenport.

Assurances.

THis Indenture tripartite &c. berween Sir R. H. and Dame K. his Wife of the first party, A. B. on the second party, and C. D. on the third party; witnesseth, That the said Sir R. H. and Dame K. his wife, for and in consideration of the summ, &c. by R. S. of, &c. in the said County of Lancaster Esquire, before the sealing and delive∣ring of these presents paid &c. whereof they acknowledge themselves

to be fully satisfied thereof, and every part thereof, do clearly acquit exonerate and discharge the said R. S. his Heirs Executors and Admi∣nistrators for ever, and by these presents do covenant promise and grant for themselves, their Heirs Executors and Administrators by these Presents to and with the said A. B. and C. D. &c. that they the said S^r. R. H. and Dame K his wife, and the heirs of the said S^r R. shal and will on this side, and before the Feast day of Easter next ensuing af∣ter the date of these presents, by fine with Proclamations in due form of Law to be knowledged and levied before the Queens Majesties Justice or Justices at Lancaster, for the time being, lawfully and suf∣ficiently convey and assure, or cause to be conveyed and assured unto the said A. B. and C. D. or to the survivor of them, and to the heirs of the one of them for ever, all and singular, that the part purparty and protion which to the said S^r. R. H. now or at any time heretofore ap∣pertained, of or within the Mannor or reputed Mannor of C. or of or in the Rights Members and Appurtenances thereof in the said County of Lancaster, and all that capitall messuage and Tenement in C. R. a∣foresaid commonly called the Park hall, and all and every the Houses Edifices Buildings Orchards Gardens Lands Tenements and Heredita∣ments, scituate in C. and W: and in either of them to the aforesaid ca∣pitail messuage & Tenement in any wise appertaining, or therewithall now or at any time hertofore use doccupied reputed or enjoyed as part or parcell therof, or as therunto in any wise belonging, and all & singu∣lar other the Messuages Gardens Lands Tenements Meadowes Fee∣dings Pastures Woods Underwoods Commons. Common of Pasture, and Turbary Rents Reversions Services Profits Commodities Emolu∣ments and Hereditaments whatsoever, with their and every their ap∣purtenances of the said S^r. R. H. scituate lying and being in C. afore∣said, B. and G. and in every or any of them in the said Countie of Lan∣caster, in whose hands and possession soever the same be, or shall be, whereof or wherein the said S^r, R. now hath, or at any time here∣tofore had any Estate or Inheritance whatsoever.

And also all and singular the Messuages Cottages Lands Tenements and Hereditaments whatsoever, with their and every of their Appur∣tenances of the said Sir R seituate and being in C. in the said Countie of Lancaster hereafter mentioned or specified &c. one other Cottage and certain Lands and Hereditaments with the Appurtenances therewith occupyed, now or late in the tenure or occupation of William Clarke∣son or his Assigns of the yearely rent of two shillings two pence with divers other Cottages &c. It is granted and agreed by and between all and every the said parties to these Presents for themselves their Heirs and Assigns by these Presents, and also thesaid Sir R. and dame K his wife for themselves their Heirs and Assignes do Covenant grant declare limit and agree, and with the said Sir R. H: and C. D. their

Heirs and Assigns by these Presents that the said Fine to be knowledged and levyed of and in the said Hereditaments and Premisses as aforesaid, and the Execution thereof and the Estate Right title Interest and Pos∣session of them the said A. B. and of the heirs of such of them to whom the Inheritance of or in the premisses shal be limited in and by the said intended Fine, and of the Survivors of them, and his Heirs, of and in the said Hereditaments and Premisses, shall be and so for ever shall be adjudged and taken to be. And also that they the said A. B. and the Heirs of such one of them, to whom the Inheritance of the said Pre∣misses shall be limited in or by the said intended Fine, and the Survi∣vor of them and his Heirs, shall stand and be seised of and in all and singular the said Hereditaments and Premisses, and of every part ther∣of, with the Appurtenances, to and for the uses intents and purposes, and under and upon the Provisoes Limitations Conditions and Agree∣ments, hereafter in these presents mentioned, and to no other use in∣tent or purpose whatsoever; That is to wit, to the use and behoof of the said C. D and G. and their Heirs, under and upon the Proviso Li∣mitation Clause Condition and Agreement, nevertheless hereafter in these presents mentioned and contained.

Provided alwaies, and upon Condition, and the further use and in∣tent of the said intended Fine, and of the Estate therby to be had or made, of and for all and every the said Hereditaments and Premisses, is, and so for ever hereafter shall be taken to be, that if the said Sir R. H. his Heirs Executors Administrators or Assigns, or any of them, shall and do well and truly satisfie tender or pay, or cause to be well and truly satisfied tendred or paid unto the said R. S. his Executors, Administrators or Assigns, or any of them, the full Sum of &c. the said severall tenders or payments to be had and made, in manner and form aforesaid, at or in the now dwelling-house of the said R. S. com∣monly called or known by the name of S. that then and from thence∣forth, as well all and every the said Use and Estate of the said C. D. their and either of their Heirs and Assigns, of and in all and every the said Hereditaments and Premisses, shall forthwith cease and be utter∣ly frustrate and void, any thing in these presents to the contrary not∣withstanding: As also that immediatly after the said Sum shall be so lawfully tendred satisfied or paid as aforesaid, the said Fine so intended to be limited as aforesaid, and the Estate thereby in any wife to be had or made shall be, and so for ever hereafter shall be taken to be, of and in all and every the said Hereditaments and Premisses, to the use and behoof of the said Sir R. H. and Dame K. his Wife, for and du∣ring their naturall lives, and for and during the naturall life of the lon∣ger liver of them, and from and after their deceases, then to the use and behoof of the Heirs Males of the body of the said Sir R. H. upon the body of the said Da: K. lawfully begotten and to be begotten, and

for default of such Issue, then to the use and behoof of the Heirs M••les of the body of the said Sir R. H: lawfully to be begotten, and for de∣fault of such Issue, then to the use of the right Heirs of the said Sir R, H. for ever, any thing in these presents, or otherwise to the contra∣ry therof notwithstanding.

And the said C. and D. do covenant and grant to and with the said Sir R. H: his Heirs Executors Administrators and Assigns by these pre∣sents, that if A. S. the now wife of the said R. S. and Mother of the said Sir R. H. shall happen to decease before default of payment of the said Sum of 〈◊〉〈◊〉 shall happen to be made, that then from and after her decease, the said Sir R. H. and his Assignee or Assigns, shall and may at all times hereafter, peaceably and quietly, have, hold, oc∣cupy and enjoy, all and singular the said Hereditaments and Premis∣ses, and every part therof, with the appurtenances, for and during such only time, and untill that the said Sir R. H. his Executors Admi∣nistrators or Assigns, shall make default of or in payment of the said sum, in the said Proviso or Condition of Redemption before mention∣ed specified, or of any part therof, contrary to the tenor and true intent and meaning therof, without any the let trouble molestation di∣sturbance interruption or eviction of the said C. and D. or either of them, their or either of their Heirs or Assigns, or of any other person or persons whatsoever, claiming by from or under them, or any of them.

And the said S. R. H: and Dame K. his wife, for them, their Heirs, Executors, and Administrators, do Covenant and Grant, to and with the said C. D. their Heirs and Assigns by these presents, and to and with every of them, that if the said Sir R. H. his Heirs Executors Admi∣nistrators or Assigns, shall make default of or in the payment of the said sum of 〈◊〉〈◊〉 or of any part therof contrary to the tenor and true meaning of the said Proviso, Clause Condition of Redemption or A∣greement before mentioned, that then and from thenceforth all and singular the said Hereditaments and Premisses, and every part therof with the appurtenances, shall and may remain, continue and be unto said C. and D. their Heirs and Assigns for ever, free, clear, and clearly▪ acquitted, exonerated, and discharged, or otherwise well and suffici∣ently saved and kept harmless by the said Sir R. H. his Heirs Execu∣tors Administrators or Assigns, of, for, from, and concerning all and every former and other Bargains, Sales, Gifts, Grants, Leases Pro∣misses, and Agreements, Estates, Joyntures, Dowers, Titles of Dower, Statutes, Recognizances, Judgments, Executions, Condemnations, and of and from and concerning all and every other charges titles troubles and incumbrances whatsoever, heretofore committed had made done knowledged levied suffered or executed, or hereafter to be committed had made done knowledged levied suffered or executed by the said Sir

R. H. his Heirs or Assigns, or any of them, or by any other person or persons whatsoever, having or lawfully claiming to have any Estate Right Title Interest Claim or Demand whatsoever, of, in, or to the said Hereditaments and Premisses, or of, in, or to any part or parcell ther∣of, by, from, or under the said Sir R. H. and Dame K. or either of them, or by, from, or under the Heirs or Assigns of the said Sir R. H. in any wise. Leases heretofore made by the said Sir R. H. before the Feast-day of Saint M. the Arch-angel last past, before the date hereof, of all or any part of the said Hereditaments and Premisses, to any per∣son or persons, for three lives, or under, or for term of one and twen∣ty years or under, wherupon the old ancient and accustomed Rents and Services are reserved, and shall be due and payable during the same several Terms, and the Joyntures of A. S. now wife of the said R. S. and Mother of the said Sir R. H. only and ever fore-prised and excepted.

And further also that the said C. and D. their and either of their Heirs and Assigns, and every of them, at all times from and after the non-payment or default of payment of the said Sum of &c. contrary to the tenor and true meaning of the said Provision Clause Condition of Redemption or Agreement before mentioned, if any such default shall happen, shall and may peaceably, and lawfully, and quietly have hold and enjoy all and every the said Hereditaments and Premisses and every part therof with the Appurtenances, discharged or saved harm∣lesse as aforesaid, and without any Let Trouble Suit Disturbance Inter∣ruption or Eviction of the said Sir R. H. his Heirs or Assigns, or any of them, or of any other person or persons whatsoever, having or lawful∣ly claiming to have any Estate Right Title or Interest, of in or to the said Hereditaments and Premisses, or of in or to any part or parcell therof, by from or under them or any of them, except before, and in manner and form only before excepted.

And further also that he the said Sir R. H. and Dame K. his wife, and the Heirs of the said Sir R. H. shall and will from time to time and at all times, during and within the space of 7. years next ensuing, after such non-payment, or default of payment to be had or made, or hapning of the said Sum &c. or of any part therof, at any of the said severall daies, times, or places before mentioned, at and upon the reasonable request costs and charges in the Law of the said R. S. his Heirs or Assigns, do make knowledge levy suffer and execute, and cause to be done made knowledged levied suffered and executed, all and every such further Act and Acts, Thing and Things, Devise and Devises, Convey∣ances and Assurances in the Law whatsoever, for the further better and more assured surety, sure making, conveying and assuring, of all and singular the said Hereditaments and Premisses, and of every part ther∣of, and of the Reversion and Reversions, Remainder and Remainders

therof, and of all his and their Estate Right Title Interest Claim and Demand whatsoever, of, in, and to the Premisses, and of every part therof, with the Appurtenances, unto, or for the only proper and ab∣solute use and behoof of the said C. and D. and of their Heirs and As∣signs for ever, be it either by Fine, Feoffment, Recovery, with Voucher or Vouchers over, Deed or Deeds, inrolled or not inrolled, Release with warranty against the said Sir R. H. his Heirs and Assigns, except onely and in manner and form aforesaid excepted, or other∣wise without Warranty Confirmation, or by all or any of the said waies or means, or by any other lawfull waies or means what∣soever, as by the said R. S. his Heirs or Assigns, or his or their Councell learned in the Law, shall be in that behalf reasonably devised or advi∣sed, so that for the doing making knowledging or executing therof, they or any of them be not enforced to travell alone the distance of ten miles, from such place or places, where he or they respectively shall be abiding or dwelling at the time of such Request or Requests so to be made.

And it is further agreed, that if it shall happen to be comprehended or contained by or by reason or means of the Number or Contents of Acres to be mentioned in such said intended Fine, any Messuages Lands, or Hereditaments, other then the said covenanted or intended Here∣ditaments, so formerly agreed in or by these presents, to be contained as aforesaid: That then the said Fine, aad the Estate therby to be had or made, for such and so much only of the said other Hereditaments, not being parcell of the said Hereditaments and Premisses so covenan∣ted and agreed in or by these presents, to be assured or conveyed as a∣foresaid, as shall happen by means of such Surplusage of Acres to be comprised in or by such said intended Fine, shall be, and so for ever shall be taken to be to the use and behoof of the said Sir R. H. and Dame K. his wife, for and during their naturall life, and for and during the naturall life of the longer liver of them, and after their decease, then to the use of the Heirs Males of the body of the said Sir R. H. up∣on the body of the said Dame K. lawfully begotten and to be begot∣ten, and for default of such Issue, then to the use of the Heirs Males of the body of the said Sir R. H. lawfully to be begotten, and for de∣fault of such Issue, then to the use of the right Heirs of the said Sir R. H. for ever: In witness wherof &c.

• Walmysley,
• Davenport.

Settlement of an Estate.

THis Indenture tripartite made &c. Between L. S. of S. &c. of the first part, R. S. great Cosin and Heir apparant of the said L. of the second part, W. D. and E. I. &c. of the third part, witnesseth, That wheras a Marriage was and hath been hereafter duly solemnized and consummate by and between the said R. S. and M. now his wife, one of the Daughters of the said E. I. And wheras certain conveyances and assurances were and have been heretofore had and made, of the Mannors Messuages Lands Tenements and Hereditaments hereafter in these presents mentioned or specified, to the uses declared, contained, or specified, in and by certain Indentures, bearing date the fourth day of A. &c. made betwixt the said L. S. of the one part, and the said E. I. of the other part, as by the same Indentures and Conveyances more fully and at large appeareth.

And wheras also it is now concluded and agreed by and between all and every the said parties to these presents, for themselves, their Heirs and Assigns by these presents, that all and every the said Mannors Messuages Lands Tenements and Hereditaments hereafter mentioned or specified, shall from henceforth remain continue and be to the se∣verall and only uses behoofs intents purposes, and under and upon the Liberties Limitations Provisoes and Agreements hereafter in these pre∣sents mentioned or specified, notwithstanding any the said mentioned Conveyances or Assurances, or any the Use or Uses or Limitations therin, or in any of them contained, or any other matter or thing whatsoever to the contrary notwithstanding.

Now therfore it is covenanted concluded and fully agreed, by and between all and every the said parties to these presents, for themselves their Heirs, Executors, Administrators and Assigns, in manner and form following.

And first the said L. S. and R. S. for themselves, their Heirs Execu∣tors and Administrators, do covenant grant and agree, to and with the said W. D. &c. and E. I. their Heirs Executors and Administrators by these presents, that they the said L. S. and R. S. and their Heirs, or the Survivor of them, and his and their Heirs, shall and will on this side, and before the Feast day of S. M. the Arch-angel, next ensuing after the date of these presents, at and upon the equall costs and charges in the Law of the said L. S. and E I. by Fine or Recovery, or other good and sufficient Conveyances and Assurances in the Law, lawfully and suffici∣ently convey and assure, or suffer to be conveyed and assured to the said W. D. and the said E. I. or to the Survivor of them, his or their heirs, or to the heirs of one of them, all those the Mannors or Lordships

of S. and F. with all and singular their and every of their Rights Mem∣bers and Appurtenances whatsoever, scituate, lying and being within the said County of D. and also all and singular the other Mannors Mes∣suages Mills Cottages Lands Tenements Meadows Pastures Closes Commons Woods Under-woods Rents Reversions Services and Here∣ditaments whatsoever, being of the nature of Free-hold, with all and singular their and every of their Rights Members and Appurtenances whatsoever, scituate, lying, and being within the Lordships Territories Towns Hamlets Parishes and Feilds of S. F. H. M. F. F. C. F. M. W. M. T. M. and little L. or any of them, in the said County of D. or elsewhere. within the severall Counties of C. and D. and of either of them, wherof or wherin they the said L and R. or either of them, now have, or at any time heretofore had any Estate of Inheritance, in Pos∣session Reversion Remainder, or otherwise, and the Reversion and Reversions, Remainder and Remainders, of all and singular the said He∣reditaments and Premisses, and of every part therof, with the Appur∣tenances, to and for the severall and only uses behoofs intents and pur∣poses, and under and upon the Liberties Limitations Provisoes and A∣greements hereafter in these presents expressed mentioned or declared, and to no other use intent or purpose whatsoever: And for the bet∣ter Declaration of the use uses, intent and purpose, of such said Fine Recovery, and other the said Covenant or intended Conveyances and Assurances so to be had made knowledged levied or executed, of and in any the said Mannors Lands Tenements Hereditaments and pre∣misses as aforesaid. It is further covenanted concluded and agreed by and between the said parties to these presents.

And also the said L. and R. severally for themselves their Heirs and Assigns, do Covenant, Grant, Declare, Limit and Agree, to, and with the said W. D. and E. I. their Heirs and Assigns by these presents, that the said Fine, Recovery or Recoveries and Covenanted or Inten∣ded Conveyances or Assurances, so to be had, made or executed, of and in the said Mannors, Hereditaments and Premisses as aforesaid, and every of them, and the execution therof shall be, and so for ever shall be adjudged taken to be, and also that they the said W. D. and E. I. and their Heirs, and the Survivor of them, his and their Heirs shall stand and be seised of and in all and singular the said Mannors, Messua∣ges, Lands, Tenements Hereditaments and Premisses, and of every part therof with the appurtenances, to and for the several and only uses behoofs, intents and purposes, and under and upon the Liberties, Li∣mitatious, Provisoes and Agreements hereafter in these presents expres∣sed, mentioned, declared, limited or appointed, according to the tenor & true meaning of these presents, and to no other use intent or purpose whatsoever. That is to say, Of and in all that Capital Messuage and Te∣nement with the appurtenances, being parcel of the Premisses com∣monly

called or known by the name of F. H. Scituate and being in F. in the said County of D. now or late in the tenure or occupation of P. S. Gent. brother of the said L. or his Assigns, and of and in all and sin∣gular the Houses, Edifices, Lands, Meadows, Feedings, Pastures, and Hereditaments wharsoever with the appurtenances to the said Capital Messuage and Tenement belonging or appertaining or therwithall heretofore usually occupied or enjoyed as part, parcel, or member or appurtenances therof or therto, and of and in two Messuages and Te∣nements, and the Lands and the Hereditaments therunto belonging, with the appurtenances in like manner being parcels of the Premisses, scituate lying and being in F. aforesaid, now or late in the tenure or oc∣cupation of the said L. S. or his Assigns, and of and in two other Messu∣ages and Tenements and the Lands and Hereditaments therunto be∣longing with the appurtenances, parcels also of the Premisses being sci∣tuate lying & being in F. in the said County of D. now or late in the se∣veral tenures, or occupations, of one C. A. & A. H. or of either of them, their, or either of their severall Assigns, and of and in one Fulling-Mill, and all the Dams, Streams, Waters, Water-courses Lands and Here∣ditaments therunto belonging, with the appurtenances scituate and be∣ing in F. aforesaid (in like manner parcels of the Premisses being) to the use and behoof of the said L. and B. his now wife, and of their Assigns, for and during the term of their natural lives and of the Survivor and longer liver of them without impeachment of any manner of Wast only during the natural life of the said L. for, and in full Recompence of the Joynture or Dower of the said B. and in Barr of her Dower for ever.

And nevertheless it is intended and agreed, that if the said B. shall or do at any time or times after the decease of the said L. S. (if she shall survive and over-live the said L. her husband) Commence, or cause to be commenced any Action or Suit for any Dower belonging, or to be∣longing of out of, or in all, or any the said Mannors, Messuages, Lands, Tenements, Heredita. and Premisses, or any part or parcel therof, and shall not hold her self satisfied with the said Lands and Heredita∣ments in or by the said limited, meant, or intended, to and for her Joynture and Dower, then and immediatly thenceforth or otherwise, from and after the several deceases of the said L. & B. and of the Survi∣vor of them the said conusees, w^ch of them shal first happen recoverors feoffees and their heirs and the Survivors and Survivor of them, his and their Heirs shall stand and be seised of and in the said Capital Messuage and Tenement and the Lands and Heredit. therunto belonging with the appurtenances, called or known by the name of F. Hall late in the tenure or occupation of the said F. or his Assigns, and of and in the said two Messuages and tenements, and the Lands and Hereditaments therunto belonging with the appurtenances in F. aforesaid, now or

late in the tenure or occupation of the said L. S. party to these pre∣sents or his Assigns, to the use and behoof of L. S. the yonger, one of the sons of the said L. the elder, for and during his natural life (if he said L. S. the elder do not, or shall not hereafter by any his Deed, or Act in Writing, or by his last Will in Writing limit, or appoint, that the said estate for life of the said L the yonger should or shall cease, be fru∣strate or void, the estate of the said L. the yonger during the continu∣ance therof, nevertheless to be charged and chargeable and to the use, intent and purpose; neverthelese that the Heirs Males for the time be∣ing of the said L. the elder party to these presents shall and may annu∣ally and yearly thenceforth during the natural life of the said L. the yonger, receive, perceive, and take the yearly Rent of 36 s. of good and lawful money of England, to be issuing and payable out of the said last two Messuages, and Tenements in F. aforesaid, at the two several yearly Feast dayes of the Nativity of St: John Baptist, and St. Martin the Bishop in Winter by equal portions, and of and in the Remainder, Reversion and Reversions therof immediatly after the determination of the said estate for life of the said L. the yonger; and also of & in the rest and residue of all and singular the said Lands, Tenements and Heredita∣ments, and of every part therof with the appurtenances formerly in, or by these presents limited, meant, mentioned or appointed to or for the use of the said L. the elder and B. his wife for term of their lives as aforesaid, from and immediatly after the several deceases of the said L. the elder and B. his wife to the use and behoof of the said R. S. and his Assigns, for and during the term of his natural life without impeachment of any Wast, and from aad after his decease then to the use and behoof of the first son of the body of the said R. S. upon the body of the said M▪ begotten and to be begotten, and of the Heirs Males of the body of such said first son lawfully to be begotten, and for default of such issue then to the use and behoof of the second son of the body of the said R. upon the hody of the said M. begotten and to be begotten, and of the Heirs Males of the body of the said second son lawfully to be begotten, and for default of such issue then to the use & behoof of the third son of the body of the said R. upon the body of the said M. begotten &c. and of the Heirs Males of the body of the said third son lawfully to be begotten &c. and that goeth to the sixt son, & for default of such issue then successively and respectively to the use and behoof of every other next and eldest son of the body of the said R. S. lawfully to be begotten, and of the Heirs Males of the body of every such said next and eldest son lawfully to be begotten the elder, and the Heirs Males of his body, being ever preferred before the younger, and the Heirs Males of his body, and for defult of such issue then to the use and behoof of the said L. S. the yonger and his Assigns, for and during the term of eighty years then next and immediatly following fully to

be compleat and ended, if W. S. one other of the Sons of the said L. the elder shall so long live, the said last mentioned Estate of the said L. the younger, charged and chargable, and to the use intent and purpose, neverthelesse that the said W. S. and his Assigns, shall and may annu∣ally and yearly, for and during such and so long time as the said W. shall then happen to live, from and after such time as the said L. the youn∣ger, or his Assigns, so by means or virtue of these presents intituled; to have and hold the said Hereditaments and Premisses, or to have and perceive the Rents Issues and Profits therof, and of the other He∣reditaments hereafter mentioned, by virtue of these presents, and of the Uses or Limitations therin contained, and of the said covenanted or intended conveyances and assurances, perceive, receive, have, and take one annuall or yearly Rent of 100 l. by year, of good and lawfull mo∣ney of England, hereafter mentioned, to be issuing and going and pay∣able yearly, during the said term, out of all the said Hereditaments and Premisses so limited, to or for the Joynture of the said B. after the said Estate of the said B. determined, and out of the other Lands hereafter in or by these presents mentioned to be therwithall charged, at the two severall yearly Feast daies of the Nativity of St. John Baptist, and St. M. the Bishop in Winter, by equall portions: And in default of payment therof, or of any part therof, by the space of ten daies next ensuing after any of the said Feast daies in which the same ought to be paid as aforesaid, that then and in such case, and so often the said W. S. and his Assigns, shall and may enter and distrain therfore, and for the Arrerages therof, if any such there be, in all and every or any part of the said Hereditaments and Premisses, and from and after the de∣termination of the said Estate or term of years so limited, unto the said L. the younger, either by the decease of the said W. S. or by effluxion of time, then to the use and behoof of the said W. S. and of the Heirs Males of the body of the said W. lawfully begotten and to be begotten, and for default of such Issue, then to the use and behoof of the said L. S. the younger, and the Heirs Males of his body lawfully begotten and to be begotten, and for default of such Issue, then to the use and be∣hoof of E. S. of W. in the said County of Chester, and the Heirs Males of his body lawfully begotten and to be begotten, and for default of such Issue, then to the use and behoof of C. S. of W. aforesaid, Gen∣tleman, and the Heirs Males of his body lawfully begotten and to be begotten, the said severall Estates of the said E. and S. to be charged and chargable, neverthelesse in manner and form, as therof or hereafter in or by these presents are limitted: And for default of such Issue, then to the use and behoof of the said L. the elder, and his right Heirs for ever. And of and in all those 4. Closes Inclosures or inclosed Grounds, with the Appurt. (being parcels of the said Heredita. and Premisses so to be conveyed or assured as aforesaid) commonly called or known by the

names of Over Lee and Nether Lee, and being in S. F. aforesaid, in the said County of D. now or late in the Tenure or Occupation of the said L. the elder, or his Assigns, and being of the clear yearly valve of twen∣ty Marks by year, above all Charges and Reprises, as well to the use intent and purpose that the said R. S. and M. his wife, and their As∣signs, and the Survivor of them, his and her Assigns, for and in re∣compence of the Joynture and Dower of the said M. saving the like augmentation therof, herein hereafter mentioned, shall and may annu∣ally and yearly, from and after the making hereof, for and during the naturall life and lives of them, and of the Survivor and longer liver of them, perceive receive take and enjoy, one annuall or yearly Rent of 15 l. by year, of good and lawfull money of England, to be issuing going and payable out of the said last mentioned Closes, or inclosed Grounds, at the two severall yearly Feast-daies of the Nativity of St. John Baptist, and of St. M. Bishop, by equall portions, and in default of payment therof, or of any part therof, at any of the Feast-daies, or times aforesaid, contrary to the tenor and true meaning of these pre∣sents: That then and so often, it shall and may be lawfull, to and for the said R. S. and M. his wife, and the Survivor of them, and their and either of their Assigns, into the said Inclosures or inclosed Grounds, to enter and distrain for the said yearly Sum of 15 l. and every or any part therof, and for the Arrerages therof, if any such there be, and the Distresse and Distresses there taken and had, to lead drive take and carry away Impark Impound, and with them to detain and keep, un∣till they and every of them, of the said yearly Rent or Sum of 15 l. and of the Arrerages therof if any such there be, be fully satisfied and paid.

And if it happen the said yearly Rent or Sum of 15 l. or any part therof to be behind and unpaid, in part or in all, by the space of twenty daies next ensuing, after any of the Feast-daies aforesaid, that then and from thenceforth the said Fine Recovery, and covenanted or intended Conveyances and Assurances, so to be had made levied or executed, of and in the said Hereditaments and Premisses aforesaid, and the execu∣tion therof shall be, and so for ever shall be adjudged and taken to be. And also the said Conuzees Recoverors and Feoffees, and the Heirs and the Survivors and Survivor of them, and his and their Heirs, shall stand and be seised of and in the said four Inclosures, or inclosed Grounds, and of every part therof with the Appurtenances, to the use and behoof of the said R. and M. his wife, and of their Assigns, for and during the term of their naturall lives, and of the longer liver of them, without any impeachment of any Wast, only during the naturall life of the said R. for and in the name and in ful recompence and satisfa∣ction, of and for the Joynture and Dower of the said M. as also to such further use intent and purpose, that the said Conuzees Reco∣verors and Feoffees, their and every of their Heirs, shall likewise stand

and be seised of and in the four Closes Closures and inclosed Grounds so charged and chargable; Neverthelesse with the said yearly Rent of 15 l. Distresse and payble as aforesaid, and in manner and form afore∣said: And of and in all and every the rest and residue of the said Man∣nors Messuages Lands Tenements Rents Reversions Services Heredita. and Premisses, and of every part therof, with the Appurtenances, wher∣of no Use is formerly limited or appointed, in or by these presents, im∣mediatly from and after the sealing and delivery of these presents, to the use and behoof of the said L. the elder party to these presents, and his Assigns, for and during the term of his naturall life, without impeachment of any manner of Wast,: And from and after his decease, then of and in one Messuage and Tenement, and the Lands and Heredi∣taments therunto belonging, with the Appurtenances, scituate, and being in H. aforesaid, now or late in the Tenure or Occupation of of one I. F. and A F. his wife, or their Assigns, and parcell of the Pre∣misses, to the use and behoof of A. S. one other of the Sons of the said L. the elder, and of his Assigns, for and during the term of 60. years, now next ensuing, fully to be compleat and ended, if the said A. so long do live, and from and after the expiration or determination of the said term and interest so limited or appointed, to or for the use of the said A: of and in the said last mentioned Messuage Tenement and He∣reditaments therunto belonging as aforesaid; Then of the Reversion and Remainder therof and also of and in the rest and residue of all and singular the said Hereditaments and Premisses so lastly limited, to the use of the said L. the elder, for term of his life, immediatly from and af∣ter the decease of the said L. the elder, to the use and behoof of the said R. S. his Assignes, for and during the term of his naturall life, with∣out any impeachment of any manner of Wast, and from and after his decease, then to the use and behoof of the first Son of the body of the said R. S. upon the body of the said M. begotten and to be begotten, and of the Heirs Males of the said first Son lawfully to be begotten, and for default of such Issue, then to the use and behoof of the second Son of the body of the said R. upon the body of the said M. begot∣ten and to be begotten, and of the Heirs Males of the body of the said second Son, lawfully to be begotten &c. and this Limitation goeth in like manner to the sixt Son, and for default of such Issue, then succes∣sively and respectively to the use and behoof of every other next and eldest Son of the body of the said R. lawfully to be begotten, and of the Heirs Males of the body of every such said next and eldest Son lawfully to be begotten, the elder, and the Heirs Males of his body, being ever preferred before the younger, and the Heirs Males of his body, and for default of such Issue, then to the use and behoof of the said L. the youn∣ger and his Assigns, for and during the term of 80. years then next and immediatly following, fully to be compleat and ended (if the said W. S.

so long happen to live, charged and chargeable. Nevertheless and to the use, intent and purpose that the said W. S. and his Assigns, shall, and may annually and yearly during the said term of years so lastly limited unto the said L. from and after such time as the said L. the yonger or his Assigns, in default of Heire Male, of the body of the said R shall be Intituled to have and hold the said Heredi∣taments and Premisses, or to have and perceive the Rents, Issues and Profits therof by vertue of these presents, and of the uses or limitations therein contained, and of the said Covenanted, or Intended Convey∣ances and Assurances for and during the natural life of him the said W. S. perceive, receive, take and enjoy the said annual or yearly Rent, or sum of 100 l. by year before mentioned, to be issuing and going, and payable yearly during rhe said term as well out of the said late mentio∣ned Hereditaments and Premisses, as out of the Reversion and Remain∣der of the said Lands and Hereditaments formerly limited or appointed in or by these Presents to or for the Joynture or Dower of the said B. as aforesaid, at the said several yearly Feast dayes of the Nativity of St. John Baptist, and St. Martin the Bishop in Winter, by equal porti∣ons, and in default of payment therof, or of any part therof by the space of ten dayes next ensuing after any of the said Feast dayes in which the same ought to be paid as aforesaid, that then and in such Case and so often it shall and may be lawful, to and for the said W. and his Assigns, into the said Hereditaments and Premisses, to enter and distrain for the said yearly Rent or Summ of 100 l. and for the Ar∣rerages therof, if any such be, and the Distress and Distresses therin or therupon taken or had, to lead, drive, take and carry away, Impark Impound, and with him and them, to detain and keep until they and every of them, of the said yearly Rent, or sum, and of the Arrerages therof, if any such there be, be fully satisfied and paid, and from and af∣ter the determination or expiration of the said term of years so lastly limited unto the use of the said L. the younger, either by the decease of the said W. S. or by effluxion of time, then to the use and behoof of the said W. S. and of the Heirs Males of the body of the said W. lawfully begotten and to be begotten, and for default of such issue then to the use and behoof of the said L. the yonger, & the Heirs Males of his body lawfully begotten, and to be begotten, and for default of such issue then to the use and behoof of the said E. S. and the Heirs Males of his body lawfully begotten, and to be begotten, and for default of such issue, then to the use and behoof of the said S. and the Heirs Males of of his body lawfully begotten, and to be begotten, the said Estates of the said E. and S. to be nevertheless charged and chargeable in such manner and form as therof is in these presents hereafter in that behalf mentioned, and for default of such issue, then to the use and behoof of the said L. the elder and his right Heirs for ever.

Provided nevertheless, and it was, and is concluded, and fully agreed, by and between the said parties to these Presents, for themselves, their Heirs and Assigns by these Presents, and the further use, intent, and purpose of these presents, and of the said Fine and Covenanted or In∣dented Conveyances and Assurances, and of every of them, was, and is and so for ever shall be adjudged and taken to be, that if it fortune the said R: S: to decease and die not having then in full life any issue male of his body, upon the body of the said M. nor upon the body of of any other wife which he shal hereafter fortune to marry, and leaving the said M. or such his other wife for the time then being, neverthe∣less with child at the time of such his decease with one or two sons or more, that then the said Fine, Recovery, and other the said Conveian∣ces, and Assurances before mentioned, and every of them, was and is intended and meant, and so for ever shall be adjudged, construed, and taken to be, and also that the said W. D. and E. I. and the Survivor of them, his or their Heirs shall be seised respectively, of and in the Reversion and Remainder of all and singular the said Mannors, Lord∣ship, Messuages, Lands, Tenements and Hereditaments, and of every part therof with the appurtenances, as the same shall severally and re∣spectively happen or come in possession by the several deceases of the said L. the elder B. M L. and A. S. and of every of them, to and for the several and only uses, behoofs, intents and purposes hereafter in these presents expressed, mentioned or declared according to the tenor and true meaning of these presents, that is to say, if the said M: or such said other wife of the said R. as aforesaid upon such her childbirth, so happen to have, and be delivered of one son only, then and from thenceforth to the use and behoof of such said son, and the Heirs males of his body lawfully to be begotten, charged and chargeable, never∣theless as of the estate of the sons of the said R. which shall be born in his life time, is formerly appointed, and if the said M. or such said other wife so hapning with Child as aforesaid, shall happen upon her Child-birth, after the decease of the said R. to have, or be delivered of two Sons or more, then to the use and behoof of the first and elder Sons and the Heirs Males of his body lawfully to be begotten, charged, and chargable as aforesaid, and for default of such Issue, then to the use and behoof of the younger Son, and the Heirs Males of his body lawfully to be begotten, charged and chargable as aforesaid, and for default of suche Issue, then to the use and behoof of such other Son of the said R. wherwithall the said M. or such said other wife shall so be with Child with all, and the Heirs Males of his body lawfully to be begotten, charged, and chargable as aforesaid, and for default of such Issue, then to the severall and only uses behoofs-intents and purposes of such person and persons, and for such Estate and Estates, as in case of the decease of the said R. without any Issue Male of his body law∣fully

begotten, is formerly in or by these presents limited expressed or specified, and to no other use intent or purpose whatsoever.

Povided nevertheless, and it is concluded and fully agreed by and between all and every the said parties to these presents, for them∣selves their Heirs and Assigns by these Presents, and also the true use intent and meaning of these Presents, and of the said parties hereun∣to, and of the said Fine Recovery, and other the Covenanted or In∣tended Coveyances and Assurances, is and so for ever shal be adjudged and taken to be, and also the said W. D. and E. I. and the Survivor of them, his and their Heirs, and all and every other person and per∣sons, his and their heirs which now are or stand seised or herafter shal stand & be seised of and in the said Mannors Messuages Lands Tene∣ments Hereditaments and Premisses, and every or any part thereof by force of these presents, and of the said fine and covenanted or inten∣ded Coveyances and Assurances before mentioned, and every or any of them, and their and every of their Heirs, shall stand and be seised thereof, and of every part thereof with the Appurtenances, to and for such further use Intent and purpose notwithstanding any the use or uses formerly in or by these Presents limited declared or contai∣ned, as well that it shall and may be lawfull to and for the said L. the elder, at any time or times during his naturall life, by any his Deed or Deeds in Writing, or by his last Will and Testament in Wri∣ting, to grant convey assure bequeath limit or appoint such and so much of the said Hereditaments and Premisses, not exceeding in the whole, one full third part thereof, as to himself shal seem meet and con∣venient unto, or for the use of any the lawfull wife or Wives of the said Leo. the elder whom he shall hereafter fortune to marry, for and during the Term of the naturall life or lives of such Wife or Wives, for and in the name of her or their Jointure and dower, of and in the said Hereditaments, and premisses, the said four Closes charged with the Joynture of the said M being, during her only naturall life (ex∣cepted and foreprized.) And likewise that it shall and may be lawfull to and for the said R. S. after the decease of the said L. the elder, at any time or times thenceforth, during his naturall life of any his Deed or Deeds in Writing, or by his last Will and Testament in Writing Re∣spectively, to grant convey assure bequeath limit or appoint one annu∣all or yearly Rent of fifteen pounds of good and lawfull mony of Eng∣land, with or without clause of Distress to be issuing and going out of all or any the said Hereditaments and Premisses, or out of all or any part or parcells thereof, as to himself shall seem meet and convenient, unto, or for the use of the said M, or for the use of any other the Wife or Wives of the said R. whom he shall hereafter fortune to mar∣ry, for and during the term of the naturall life or lives or the said M. or of such said Wife and Wives, for and towards her or their

Joynture and Dower, of and in the said Hereditaments and Premisses the said severall Lands and Hereditaments so limited, to or for the Joyntures of the said Bridget and Mary, as aforesaid, and the severall Tenements formerly in or by these Presents limited unto the said L. the younger, and A, for their severall lives as aforesaid, during the seve∣rall lives of the said B. and M. A. and L. the younger, alwaies excepted and foreprised, as also that it shall and may be in like man∣ner lawfull to and for the said L. the elder at any time or times during his naturall life; and also to and for the said R. at any time or times after the decease of the said L. the Elder during his naturall life by any his their or either of their Deed or Deeds in Writing at any tyme or times respectively & successively to demise grant lease or limit the use or uses of all such or any such part of the said Mannors Messuages lands Tenements Hereditaments and Premisses heretofore usually demised or leased, which at the time or times of such limitation of use or uses Lease or leases shal happen respectively to be in the lawfull actuall and Reall possession of Estate of freehold in such of them, as shall so make such Lease or Leases, Limitation of the use or uses, for the time being to any person or persons whatsoever, for tearm of one and twenty years or unde••, or for three lives or under or for any number of years determinable upon three lives or fewer in possession and not in reversi∣on so that in by or upon every such demise lease or limitations of use u∣ses or so to be made as aforsaid the old ancient accustomed Rents duties & Services, or more be reserved to be therefore respectively yearly due and payable during the continuance of such severall lease, and lea∣ses.

Provided also, and it is further covenanted concluded and fully a∣gteed by and between all and every the said parties to these presents for themselves their Heirs and Assignes by these presents, and the use intent and meaning of these presents, and of the parties hereunto, and of the said covenanted or intended Conveyances and Assurances is, and so for ever shall be adjudged and taken to be, and also the said W. D. and E. J. and the Survivor of them, his and their Heirs shall stand and be seised of and in the said Hereditaments and Premisses to such further use intent and purpose, notwithstanding any the use or uses afore specified or declared, that if the said R. shall hereafter for∣tune to decease and dy, having one or more Son or Sons, and one Daughter only, and no more, that then such said Daughter and her Assigns, shall and may annually and yearly from and after the decease of the Survivor of the said R. and of the said L. the elder, perceive receive take, and enjoy one annuall or yearly Rent of forty pounds by year, of good and lawfull mony of England, to be issuing and go∣ing, and payable out of, and in the said Hereditaments and Premisses the Estates for life of the said B. L. the younger, A. and M. al∣waies

excepted and foreprised at the two severall yearly feast dayes of the Nativity of Saint John Baptist, and Saint Martin the Bishop in Winter, by equall portions, for and during, and untill that such said only Daughter and her Assignes, shall and may, or otherwise might have fully levied received or had the full summ of two hundred pounds of good and lawfull money of England, to and for the maint∣nance and preferment of such said Daughter, and if the said R. shall fortune to decease and dye having one or more Sons, and two or more Daughters, then to the use intent and purpose, that such said Daugh∣ters and their Assignes shall and may annually and yearly, from and after the decease of the Survivor of the said R. and L. the elder, per∣ceive receive take and enjoy one annuall yearly Rent of forty pounds by year of good and lawfull money of England to be issuing and go∣ing out of and in the said Hereditaments and Premisses, (the said se∣verall Estates for lives of the said B. M. L. the younger, and H. al∣waies excepted and foreprised) at the two severall yearly Feast days of the Nativity of St Jo. Bap. & M. the Bishop in Winter by equall porti∣ons for and during, and untill that such said Daughters and every of them shall and may, or otherwise might have fully levied received or had, every one of them the full summ of one hundred pounds a peece of good and lawfull money of England, to and for the maintenance and preferment of such said Daughters, And also further to such use intented purpose, that if the said R. shall happen to decease having more Sons then one, that then every the then younger son of the said R. shall and may respectively from and after the decease of the Survi∣vor of the said L, the Elder, and of the said R. annually, severally, and yearly perceive receive and have, during his severall naturall life one annuall or yearly Rent of four pounds by year, to be issuing and going out of all and every the said Hereditaments and premisses, (the said severall Estates for lives of the said B. L. and A. only forepri∣sed and excepted) and the same to be yearly payable at the severall yearly Feast days of the Nativity of St. John Baptist, and St. Martin the Bishop in Winter, by even and equall portions, and in default of payment of the said severall summs or of one of them or of any part thereof, at any the dayes or times aforesaid, contrary to the te∣nor and true meaning of these presents, that then and so often the said younger Son and Sons, Daughter and Daughters, and every of them, shall and may severally and respectively distrain therefore and for the Arrerages thereof, if any such there be in all or any the said Heredi∣taments and premisses (except before in that behalf excepted) and the distress and distresses therein or thereupon taken or had, to lead drive, take and carry away, impark impound, and with them to de∣tain and be untill they and every of them, of the said yearly Rents or summs and every of them and of the arrerages thereof, if any be behind

and unpaid, or fully satisfied and paid, and from and after the sayd se∣verall summs received or had, then to the severall and only uses be∣hoofs intents and purposes in or by these presents limited or appoin∣ted, according to the tenor and true meaning of these presents, any thing in these Presents contained, to the contrary notwith∣standing.

Provided also, and it is further covenanted concluded and fully a∣greed by and between all and every the said parties to these presents for themselves their Heirs and Assigns by these presents and the fur∣ther use and intent and meaning of these presents and the said parties to the same and of the said intended or covenanted Conveyances and Assurances, is and so for ever shall be adjudged and taken to be, and also the said W. D. & E. I. and the survivor of them and his and their heirs shall stand and be seised of and in the said Mannors messuages Lands Tenements & Hereditaments, & premisses to such further use in∣tent & purpose notwithstanding use or uses afore specified or decla∣red, that if the said L. the elder R. S. L. the younger, W S and every of them shal fortune to die & decease without Issue male on their or any of their bodies lawfully begotten, that then and from thenceforth A. A. C. M C. A. S. and B. her and all and every such daughter and daughters as the said R. S: shall hereafter have of the body of the said M. and their Assigns and Daughters of the said Leo. the elder shall and may annually and yeerly receive perceive and take to them and their Assigns one yeerly rent of two hundred pounds for and during such time & untill that thereby & therupon they or some of them their or some of their Assigns shal have received and had the full sum of one thousand pounds of good and lawfull money of England, over and above all Charges and Reprises, and the same to be issuing and going out of all and every the Mannors Messuages Lands Tenements and He∣reditaments aforesaid, the severall Estates for lives which the said B. and M. or either of them or any the wife or wives of the said L. the elder and R. or either or any of them have or hereafter shall or may have of or in all or any the premisses only excepted and foreprised, and the said yearely Rent of 200 l. to be yearly payed, from and after the commencement therof as aforesaid, at the several yearly seast days of the Nativity of St. Iohn Bapt. and St. Martin the bishop in winter by even portions. And if the said yeerly Rent of two hundred pounds or any part thereof shall be behind and unpaid by the space of ten dayes next ensuing any of the said Feast days in which the same shall grow due or payable, that then and from thenceforth all and every the said Intended Recoverors Feoffees and Conysees, and every of them their and every of their Heires and Assignes, shall stand and be seised of and in all and singular the said Mannors Lands Tenements and He∣reditaments and Premisses, (except lastly before excepted) to the only

use and behoof of the said A. A. M. C. and A, and of the said B. and of such said Daughter and Daughters of the said R. as before in or by these presents are limited or intended to have any part or por∣tion of the said yeerly two hundred pounds Rent, and of their Assigns for and during such time and untill that thereof and of and with the profits thereof they or their Assigns or some of them shall be well and truly satisfied the saidfull sum of 1000 pounds of good and law∣full money of England over and above all Reprises Expences and Charges, by Suit in Law or otherwise in any wise to be sustained. And moreover it hath pleased the said L. the elder, and he heartily desireth that N. C: of the Goat-houses in the said County of D. and A. his wife should from henceforth quietly have and enjoy one Messuage or Tenement at G. aforesaid wherein hee the same N. C, and A. now dwelleth, and all the lands thereunto belonging or therewith all occupyed, for and during all the naturall lives of the same N. and A. and the survivors of them, for the yeerly Rent of thir∣teen shillings foure pence of lawfull money of England at the Feasts or dayes their usuall, and other tenant service for the same accustomed, and after the decease of the said N. and A. and the survivor of them, then that A. with C. son of the said N. and A. in like sort for the said Rent and Services shall have occupy and enjoy al the last mentioned Premisses, for and during all the term of the naturall life of the said A according to the intent and true meaning of him the said Leo. the elder.

Provided alwaies neverthelesse, and the further use intent and pur∣pose of the said Intended Conveyances, is and for ever shall be, that if the said R. or any of the Heirs males of his body or any other Heir male to whom (in & by these presents) any use or estate is limited ap∣pointed mentioned or intended, or any other person or persons what∣soever hereafter having claiming or pretending any estate term title or Interest in by from through or under any such Heirs males, do or shall at any time hereafter sue molest disturb enter upon eject remove expel or put out the said N. C. A. or A. or any of them of and from the quiet occupation of the last mentioned messuage and tenement at G. aforesaid or of or from any part or parcels thereof, that then and immediately after such suit disturbance entry eviction expulsion or puting out of the said N. A. & A. or any of them, of and from the said last mentioned premisses or of or from any part or parcels thereof thenceforth the said Feoffees Recoverors and Cognizees and their heirs and the survivor of them and his heirs, shal stand and be seised of and in the ful moyety or one half of all that Messuage or Tenement seituate & beingin F. aforesaid, and now or late in the tenure or occupation of the said L. the elder, & likewise of & in the full moyety or one half of all the Lands Tenements meadows Leasows Pastures and Hereditaments

thereunto belonging, being parcell of the premisses to the use, and be∣hoof of the said N. & A. his wife for and during all their naturall lives & the life of the survivor of them & immediately after their deceases then to the use & behoof of the said A. for all the term of his naturall life yeilding and paying during all the said estates or terms to the heirs males of the said L: the elder for the time being the yerely rent of forty shillings at the Feast their usually by even portions and after the estates aforesaid so limited to the use of the said N. A. and A. C. as aforesaid ended and determined then to the use of the said R. S. for term of his naturall life with like limitation of remainder further as aforesaid in and for the same tenement in Flagg as is formerly in or by these presents limited or appointed In witnesse &c.

An Indenture of Covenants to levy a Fine, and suffer a Reco∣very in Ancient Demesne.

THis Indenture tripartite &c. Between F. C. of the first party, R C and T. B, of the second party, and I. H. and F. P. of the third party witnesseth, that it is covenanted, condescended and agreed unto, by and between all and every the parties to these presents in manner and form following, that is to say, That whereas the said F. C, the day of the date of these presents, is lawfully seised in his Demesne as of Fee-tail to him and the Heirs males of his body, of and in divers Messuages Lands Tenements and Hereditaments within the Liberty of Havering at Bower in the County of Essex; hereafter in these presents particular∣ly mentioned and expressed, and being now fully resolved and deter∣mined how and in what manner his said Messuages Lands Tenements and He editaments should be established and continued hereafter by the Grace of God in the name of the Parties hereafter mentioned; being of his blood, and alliance, he the said F. R. as well for the con∣siderations aforesaid, as also for the better maintenance of M. C. his mother, and for divers other good causes and considerations, the said F. G. hereunto especially moving, doth for himself and his Heirs covenant grant and agree with the said R. C. T. B. I. H. and F. P. and to and with every of them, their and every of their Heirs Executors and Administrators by these Presents, that he the said F. C. at his own proper cost and charges in the Law, before the thirtieth day of Sep∣tember next ensuing the date of these presents, shall and will in due form of Law, acknowledge and levy one or more Fine or Fines in the Court of ancient Demesne within the said Liberty of Havering at Bow∣er, according to the course and common usage for levying of Fines

for lands and Hereditaments within the said Liberty unto the said R C and T B. and the heirs of the said R. of all that Messuage, &c.

And it is further covenanted condescended, and agreed unto, by and between all the said parties, to these presents, that the said Fine or Fines so to be levied and acknowledged as aforesaid, by the said F. C. to to the said R. C. and T. B. and the Heirs and Assigns of the said R. shall be levied and acknowledged by the name of three messuages, three gardens, forty acres of Land, twenty acres of pasture, forty acres of Wood, and fifty acres of Furze and Heath, and one hundred shillings Rent with the Appurtenances in Havering at Bower, R. and H. or by such other name or names as shall be thought meet, and that the said Fine or Fines so to be had and levied of the said Premisses. shall enure, and be adjudged deemed and taken to be, that the said R. C. and T. B. and the heirs and Assigns of the said R. from and immediatly af∣ter the levying and engrossing of the said Fine and Fines, shall stand and be seised of the said Messuages, Lands Tenements and Heredita∣ments, and of every part and parcell thereof, with their and every of their Appurtenances, to the use of the said R. C. and C. B. and their Heirs, shall stand and be adjudged perfect Tenements of the Freehold of the said messuages Lands and Premisses, and of every part and par∣cell thereof, with their and every their Apurtenances untill a perfect Recovery, according to the usuall course of common Recoveries for Assurances, of Lands Tenements & hereditaments within the said Liber∣ty of Havering at Bower, shall and may be lawfully had and executed against the said R. C. and C. B. and their heirs of the said messuages Lands and Premisses.

And it is further covenanted condescended and agreed unto, by and between all the parties to the presents that the said I. H. and F. P. or any other person or persons which the said F. C. shall nominate and appoint shall and may at the Costs and Charges in the law of the said F. C. before the said day of next insuing the date thereof purchase one or more writ or writs of Right Close directed to the Judges Bayliffs or others that have power to hold Plea in suits reall ari∣sing within the said Liberty and shall prosecute the writ or writs in the same nature of his highnes writ or writs of entry Sur Desseisin Sur le post at the common law after the manner and course of common Re∣coveries there used and accustomed against the said R C. and T B. whereby they shall demand against the said R. C. and T. B. by the name or names and quantity or quantities of acres in the said fine or fines to be contained or by any other name or names quantity or quan∣tities whatsoever the said Messuages Lands Tenements Hereditaments and premisses with their and every their appurtenances before mentio∣ned to be scituate lying & being within the said liberty of Havering at Bower unto which writ or writs, the said R. C. and T. B. shall ap∣pear

in their proper persons or by their Attorney or Attornies lawful∣ly and sufficiently authorized, who shall vouch to warranty the said F. C. and that the said F. C. shall appear upon the said voucher in the said court in his proper person or by his Attorney lawfull authorized by the course and custom of the said court, and shal vouch to warranty the common vouchee, and that the said common vouchee appeare and imparl, and afterwards make default, wherby a perfect Judgment may be had and given for the said demandants in the writ or writs against the said R. C and T. B. for the said recovery of the said Messuages Lands Tenements and premisses, and upon the said Recovery so to be had and made against the said R. C. and T. B. that they the said R. C. and T. B. shall recover in value against the said F. C. and the said F. C. shall thereupon have judgement to recover in value over against the said common vouchee after and according to the manner and course of common Recoveries in such Cases used in the court of the said liberty of Havering alias Bower; and it is fully covenanted condisended and agreed unto by and between all the said parties to these presents, and all the said parties for them∣selves and their severall Heirs, do severally covenant and agree, to and with the others of them, and with their severall Heirs, that the said Re∣covery and Recoveries, and the said Fine and Fines after the said Re∣covery and Recoveries shall be had and executed, and the full execu∣tion therof, of for and concerning the Premisses therin to be contain∣ed, shall be and enure, and be adjudged, deemed, expounded, and ta∣ken to be and enure, that the said Conuzees and their Heirs, and the said Recoverors and their Heirs, and all and every other person and persons, which shall then be seised of the said Messuages Lands Tene∣ments, and all other the Premisses, or any part or parcell therof, shall stand and be seised of the said Messuages Lands Tenements Heredi∣taments and Premisses in the said Fine or Fines, Recovery or Reco∣veries to be mentioned, with their and every their Appurtenances, and of every part and parcell therof, to the severall uses intents and pur∣poses in these presents hereafter expressed and declared, and to none other use intent or purpose, that is to say, of, for, and concerning all the said Messuages Lands Tenements Hereditaments and Premisses, with their and every their Appurtenances, and every part and parcell therof, to the use and behoof of the said F. C. for and during the term of his naturall life, and after his decease, then to the use of the first Son of the said F. C. to be begotten on the body of any woman, or women, which he shall from and after the day of the date of these pre∣sents, marry and take to wife, and to the Heirs Males of the body of such first Son to be begotten &c.

Provided alwaies, and it is fully agreed by and between all the said parties to these presents, That it shall and may be lawfull to and for

the said F. C. at any time or times hereafter, and from time to time, during his life, at his free will and pleasure, by any his Deed or Wri∣ting, or last Will and Testament, by him to be sealed and published, in the presence of three credible Witnesses at the least, to alter change determine revoke or make void, all or any the Use or Uses, Estate and Estates, in these presents before declared mentioned or limited of the Premisses, or any part therof: And that at all times, from and after such time as the said F. C. shall by any such his Deed or Writing, or last Will, so expresse and declare his pleasure and mind to be to al∣ter and change determine revoke or make void, all or any the Use or Uses, Estate or Estates, in these presents before declared mentioned or limited of the said Premisses, or any part therof, that then and from thenceforth such of the said Estate and Estates, Use and Uses, here in these presents declared, as shall be so declared by such Deed, Writing, or last Will of the said F. C. to be altered changed determined or made void, shal cease determine and be void And that then and from thence∣forth the said Fine and Fines, and the Conuzees therin to be named: And the said Recovery and Recoveries, and the Receivers therin to be named, and all other person and persons which shall then happen to be seised of the said Premisses, or any part or parcell therof, as shall be so altered changed determined revoked or made void, shall therof stand and be seised, to the use of such person and persons, and to and for such Use and Uses, and in such manner and form, as by such Deed Writing, or last Will of the said F. C. sealed and published as afore∣said, shall be declared by and expressed, and not to any other person or persons, use or uses whatsoever: In Witness &c.

A Covenant to stand seised:

THis Indenture made &c. between C. M. and A. his wife, of the one party, and R. F. &c. on the other party, witnesseth, That they the said C. M. and A. his wife, for divers good causes and consi∣derations, them thereunto moving and especially that they having been married the space of many years, and have had no Issue, and in case the said C. N. should dye without Issue of his body lawfully to be be∣gotten, that then the Messuages Lands &c. herein after mentioned, with their and every of their Appurtenances, shall and may so long as it shal please the Almighty God, to remain and continue in the blood and kindred of the said C. M. and for the naturall love and affection which the said C. M. beareth to I. F. wife of the said R. F. and Si∣ster to the said C. M. It is now therfore covenanted, granted, promi∣sed

and agreed by and between all the parties to these presents: And the said C. M. and A. his wife, for themselves and their severall Heirs Executors Administrators and Assigns, and every of them, do cove∣nant grant promise conclude and absolutely agree, to and with the said R. F. his Heirs Executors Administrators and Assigns, and to and with every of them by these presents, that they the said C. M. and A. his wife, and the Survivor of them, and the Heirs of the said C. and their and every of their Assigns, and every other person and persons now standing, or being seised of or in all that Messuage &c. or any part or parcell therof, for the considerations here in these presents be∣fore expressed, at all times, from and after the making of these pre∣sents, shall stand and be seised of all and singular the said Premisses with the Appurtenances, and of every part therof, and of all the Rents, Reversions, Services, Profits, and Commodities of the same, or to the same in any wise belonging or appertaining, to the uses and intents hereafter in these presents expressed; That is to say, To the use and behoof of them the said C. M. and A. his wife, for and during their naturall lives, and the life of the longer liver of them, and after the de∣cease of the Survivor of them, for and as concerning the Reversion or Reversions, Remainder or Remainders, of the said Messuages &c. and other the Premisses, with their and every of their Appurt. as the said Uses Estates and Interest therof herein before expressed, shall be fully ended and determined, then to the use of the first Son, lawfully to be begotten by the body of the said C. M. and of the Heirs of the body of the said first begotten Son, lawfully to be begotten, and for de∣fault of such Issue, then to the use of the second Son, lawfully to be be∣gotten by the body of the said C. and of the heirs of the body of the said second Son lawfully to be begotten, and for default of such Issue, then to the use and behoof of the third Son, lawfully to be begotten by the body of the said C. and the Heirs of the body of the said third Son law∣fully to be begotten, and for default of such Issue, then to the use and behoof of every other the Sons, lawfully to begotten by the body of the said C. successively, as they shall be in Seniority or Age, and of the Heirs of their severall bodies lawfully to be begotten, and for default of such Issue Male, then to the use and behoof of all and every the daughters lawfully to be begotten by the body of the said C. and of the Heirs of their bodies lawfully to be begotten, and for default of such Is∣sue, then to the use and behoof of I. F. Sister of the said C. and the Heirs of her body lawfully begotten, or to be begotten, and for default of such Issue, then to the use and behoof of the said I. F. her Heirs and Assigns for ever.

And the said C. M. for himself, his Heirs Executors and Administra∣tors, doth further covenant grant promise and agree, to and with the said R. F. his Heirs Executors Administrators and Assigns, and to and

with every of them by these presents, that all and every Fine and Fines, Recovery and Recoveries, hereafter to be acknowledged had or suffer∣ed, by the said C. M. shal be and enure, to the only uses intents and pur∣poses, as in these present Indentures are mentioned and expressed, ac∣cording to the true intent and meaning hereof, and no otherwise: In witness &c.

An Indenture where Land having been forfeited upon an Inden∣ture of Mortgage, the Mortgager assureth the same to the Mort∣gagee by raising of use upon a Covenant if the Mortgager pay a certain sum of money at a day.

THis Indenture &c. between T: R: of C: in the County of C: Esq; on the one party, and Sir G: B: of S. in the County of D. Knight, on the other party Witnesseth, That the said T. R: for, and in consi∣deration of a certain summ of money to him now paid by A: B: Ser∣vant to the said Sir G: for and in his Masters name, and for and in con∣sideration of 566 l. 13 s. 4 d. more of lawful &c. to the said T: his Executors, Administrators or Assigns, by the said Sir G. his Executors or Assigns, to be paid on the 20^th. day of November next ensuing the date of these Presents, at the now dwelling house of A: B. in E: be∣tween the hours of &c. hath Covenanted, Granted and Agreed, and * 1.66 by these presents for him his Heirs and Assigns, doth Covenant, Grant, and Agree to and with the said Sir G: his Heirs and Assigns, and every of them in manner and form following that is to say, That if the said Sir G: his Heirs, Executors or Administrators, do well and truly pay, or cause &c. the said summ of &c. to the said T. his certain Attorney, Executors, or Administrators, in manner and form above said, and at the day and time above limited, that then and from thenceforth, he the said T: R: his Heirs and Assigns, and all other person and persons, which by any Grant, or Conveyance, of or from the said, T: R. now be, or then shall be seised of and in the Lordships or Mannors of I. with the Appurtenances, in the said County of D: aforesaid, and of and in all those Messuages &c. set and being &c. which the said T. late had to him and his Heirs, of the Bargain Sale and Conveyance of the said Sir G. by virtue of a pair of former Indentures, dated the 5th. of Dec. An: 11. Reg: Eliz. made between the said Sir G. on the one party, and the said T: R. on the other party, as by the same former Indentures en∣rolled in the High Court of Chancery may appear, shall therof and of every part therof, stand and be seised to the only use of the said Sir G: his Heirs and Assigns for ever, and to none other use or uses whatsoe∣ver: * 1.67 And that then leson after payment made to the said T. his Heirs

Executors or Assigns, of the said Sum of &c. in manner and form afore∣said, he the said T. R. his Heirs Executors or Assigns, at and upon the reasonable request of the said Sir G. his Heirs Executors or As∣signs, shall and will deliver, or cause &c. to the said G. his Heirs Exe∣cutors or Assigns, one Recognizance of the Statute-staple of the Summ of &c. bearing date &c. wherin the said Sir G. standeth bound to the said T. for performance of the Covenants of the said former Indentures with Recognizance after such a delivery therof made, may then and therafter, at the pleasure of the said Sir G. his Heirs or Executors, be lawfully defaced and cancelled.

And further, that in case the said Sum of &c. shall be paid in form * 1.68 aforesaid, and at the time therfore limited as abovesaid, that then by and during the space of one whole year, from thence next following, the said T. and his Heirs, and all other person and persons, having any lawfull Right Estate Interest Use Possession or Demand, of, in, to or out of the Premisses, or any part therof, by or from the said T. R. at and upon the reasonable request and costs and charges in the Law only of the said Sir G. his Heires Executors or Assigns, shall and will do, make, knowledge, and suffer, all and singular such lawfull and reasonable act and acts, thing and things in the Law, for the conveyance and assu∣rance of the Premisses, and every part therof, to the said Sir G. B. his Heirs and Assigns for ever, in Fee-simple absolutely, to the only use of the said Sir G. his Heirs and Assigns, without any manner of Condition Defeazance or Limitation of any other Use or Uses, as by the said Sir G. his Heirs Executors or Assigns, or his or their learned Councel, shall be reasonably and lawfully devised, with warranty only against the said T. and his Heirs, so alwaies as the said T. and his Heirs, be not com∣pelled * 1.69 for the executing and accomplishing of any the acts or things aforesaid, to travell from the place where such request shall be made.

And also that in case, that the said Sum of &c. shall be paid in form aforesaid, at the time aforesaid, that then at all times hereafter, the said T. his Heirs Executors Administrators and Assigns or some of them, shall from time to time keep harmlesse and indamnified▪ as well the said Sir G. his Heirs Executors and Assigns, as also the said Mannor and all other the Premisses, with their appurtenances, of and from all manner of former Bargains Sales Gifts Grants Leases Annuities Joyn∣tures Dowers Uses Wills Intails Statutes-Merchant, and of the Staple Recognizances Charges and Incumbrances whatsoever had, made, done, or knowledged, or to be had &c. by the said T. his Heirs or Assigns, or by his or their assent, consent, means, or procurement of such Grants and Bargains, as the said T. heretofore hath, of or for the Premisses, or any part therof made, to or with the said Sir G. B: only except.

Provided alwaies, that in case it do happen that the said Sum of &c. * 1.70

be not paid in forme aforesaid at the time therefore limited as aforesaid that then and from thenceforth these presents as to the raising of any use or uses of or in the premisses or any part thereof unto the said Sir G. and his heirs and assigns shall be cleerly and utterly void and frust∣rate and then and thereafter the said T. R. and his heirs and all other person and persons seised or to be seised of the said premisses or any part thereof shall thereof stand and be seised to the onely use of the said T. and of his heirs and assigns for ever and to non other use or uses, these presents or any thing therein contained to the contrary notwith∣standing, In witnesse &c.

An Indenture for raising of Ʋses in land with condition that if any of the Ʋses go about to alter the Estate tail, his Estate shall cease and the next in remainder enter, and condition also that the Do∣nor may alter the Ʋses at his pleasure.

THis Indenture Tripartite &c. Between F. W. Esq. one of the principall Secretaries of our Soveraign Lady the Queen of the one party and Sir W. M. Knight and W. D. Gentlemen on the other party witnesseth that the said F. W. for and in consideration of the great love zeale and affection which he beareth to V. now his wife and for her preferment and advancement in living by him and for the good zeale love and affection which he beareth unto F. W. and M. W. his daughters and as yet heirs apparant unto him, and for the great love zeale and affection which he bareth unto E. W. Dame M. M. wife of said Sir W. M. B. S. and C. D. sisters to the said F. W. and for the pre∣ferment in living of the said F. the daughter and M. and their heirs and of his the said F. W. sisters and their heirs and for the continuance of the Mannor Lands Tenements and Hereditaments hereafter ex∣pressed in the blood, and kindred of the said F. the father and for divers other good causes &c. doth covenant and grant by these pre∣sents for him and his heirs to and with the said Sir W. M. and W. D. their heirs and assigns that he the said F. W. the father and his heirs and all and every other person and persons and their heirs and assigns that now stand or be seised or that hereafter shall stand or be seised of and in all that the Mannor and Lordship of B. and hundred of B. with all the rights members and appurtenances in the county of W. And of and in whatsoever the Messuages Lands Tenements &c: and Heredita∣ment whatsoever, of the sayd F. the Father, with all and sin∣gular their appurtenances in the towns parishes hamlets and feilds of &c. in the said county of W. or else where in the same county of W. in which the said F. the father hath any estate of inheritance shall from henceforth stand and be seised thereof and of every part and parcell thereof to the uses behoofes intents and purposes hereafter ex∣pressed

limited and appointed and to none other use behoof intent or purpose that is to say to the use and behoof of the said F. the father and V. for and during the term of their lives and the life of the longer live r of them without impeachment of any manner of wast during the life of the said F. the father and after their decease and the decease of the longest liver of them then of and in the one moity of the said mannor &c. to the use &c. and of and in &c. to the use &c. Here let the uses be raised, Provided alwaies and it is covenanted granted conclu∣ded * 1.71 and agreed between the said parties that if the said F. the daughter and M. or either of them shall be fully and finally resolved and deter∣mined and shall willingly and wittingly attempt or go about to suffer any recovery levy any fine or to make any discontinuance of the whole premisses or of any part or parcell thereof or to do or cause to be done any act or thing whereby the estate taile limited appointed or intended by these presents to them the said F. and M. or either of them and to the severall heirs of their severall bodies lawfully begot∣ten or whereby the Fee-simple of the premisses or any part thereof shall or may be barred defeated undone determined discontinued alter∣ed or changed that then and from thenceforth the use in taile and estate before to her or him limited or which be by the intent and meaning of these presents, the same person or persons shall be inheri∣table o•• and in so much of the premisses of or in the which shee or he shall be fully and finally resolved and determined and willingly and wittingly shall attempt or go abovt to suffer any Recovery, levy any Fine, or to make any Discontinuance, or to do any other act or acts thing or things whereby the estates taile or any of them limitted raised or appointed by these presents or any of the reversions or remainders limited in these presents should or shall by any waies or means be defeated avoyded undone discontinued barred altered changed or determined shall cease and be void touching her or him and the heirs of her or his body lawfully begotten to all intents and purposes as the same person or persons were dead without any heirs of his or their body and then the same shall be and go to the other uses limited in these presents according to the intent of these presents in such sort as it should, if she or he had died without issue of her or their body lawfully begotten, and for as much as the said F. W. hath * 1.72 not as yet any issue male of his body lawfully begotten and for that God may hereafter send him some issue male in which case the said F. may be desirous to undoe the assurance thereby made and to convey the inheritance of the premisses or suffer the same to dscend to such issue male and for that also the said two daughters of the said F. be as yet children and of tender age so as the proofe of them is not as yet seen in case it may chance that the said F. shall hereafter mislike of the conditions of his said daughters or one of them when they come

of greater years (which God forbid) and for that it may be that the said V: may die, leaving the said F. and that after the said F. may take any other wise to whom it shall be necessary to make a Joynture of the premisses therefore and for other occasions that may chance. * 1.73

Provided alwaies, and it is covenanted &c. between the said parties and either and every of them, for him his and their heirs, doth co∣venant and grant by these presents to and with the other and his heirs, that if the said F. do at any time hereafter during his life up∣on whatsoever occasion by his Writing sealed with his seal, and inrolled in any Court of Record of the Queens highness, her heirs or successors signifie & declare that his Will and pleasure is, that the uses or Estates limited or appointed in these presents, shall be void and of none effect as touching or concerning all the said Mannor, &c. or touching some or any part thereof, that then and from thenceforth the uses estates and limitations conveyed raised or made by or in these presents, touch∣ing all the said Mannor, &c. and other the Premisses, whereof or in the which, the uses Estates and limitations, limited or expressed in these presents shall be so signified to be void and of none effect, or touching or concerning such or any part of the same premisses, where∣of or in the which the uses estate and limitations limited or expressed in these presents shall be also signified or declared to be voyd and of none effect, shall from thenceforth cease, be cleerly voyd and of none effect. And that then and from thenceforth the sayd F. his heirs and assigns, and all and every person and persons, their heirs and assigns that now stand, or that hereafter shall stand seised of or in the sayd Mannor of &c. or of or in any such part parcell or member thereof, of in or touching which the sayd uses &c. shall be so signified or de∣clared to be voyd, shall from thenceforth stand and be seised of and in the same premisses, of or in the which the uses &c. limited or ex∣pressed in these presents, shall be so signified or declared to be voyd, or of or in such part of the same premisses, of or in which the uses, &c. to the use and behoof of the sayd F. and of his heirs and assigns for ever, and to none other use behoof intent or purpose: And that then and from thenceforth it shall be lawfull unto the sayd F. and to his heirs, into the sayd Mannor, &c. whereof or in the which the uses &c. or into such part parcell or member of the premisses thereof, and enjoy as in their former estate: This Indenture, &c. In witnesse, &c. To one part, &c. And to another part, &c. And to the third part, &c.

An Indenture of Covenants to suffer a Recovery in London where∣by the Land recovered is assured to the Bargainer, in case a summ of money (being the purchase money) be not payd, albeit the rest of the Assurances to the Vendee be absolute.

THis Indenture tripartite, &c. Between T. G. on the first party, G. L. &c. on the second party, and A. B. and C. D. on the third party witnesseth, That whereas the said T. G by good and sufficient conveyance, to him heretofore made, by and from the said G. L. is law∣fully seised in his Demesne as of fee, of and in all that messuage, &c. * 1.74 and of and in all shops, &c. It is now fully covenanted granted conclu∣ded condescended and agreed between the said parties to these presents in manner and form following, that is to say, that the said A. B. and C. D. or the survivor of them before the first day of Oct. next ensu∣ing the date of these presents, shal pursue and bring the Kings Maje∣sties Writ of Right Patent, out of his Highness Court of Chancery a∣gainst the said T. G. to be directed to the Mayor and Sheriffs of the Ci∣ty of London, By which Writ of Right Patent, the said A. and C. or the Survivor of them in the Guildhall of London, before the said Mayor and Sheriffs in the Court of Hustings according to the custome of the same City, shall demand against the said T. G. the said Mes∣suage or Tenement, or other the Premisses by the name of one Mes∣suage and one Curtilage with the appurtenances in London or by such other name or quantity, as the said T. or his learned Councill shall think meet, and that the said T. in his own proper person, or by his sufficient Attorney, shall appear to the said Writ, and after declara∣tion thereupon made, shall make defence and vouch over to War∣ranty the said G. L. who shall appear and enter into Warranty, and vouch over the common Vouchee, which common Vouchee shall im∣parl, and after make default, and depart in contempt of the Court whereby Judgment shall be given in the said Writ against the said T. G. and Execution thereof shall be had. And now it is by these presents fully and expresly witnessed and declared, and also it is covenanted granted condescended expressed and agreed by and between all & eve∣ry the said parties by this present Indenture, that the said Recovery in what manner forme, or by whatsoever Name or Names, the * 1.75 same shall bee had and passed, and the Execution thereof, and that the true intent and meaning of the same is, and that all other Recoveries, and all Fines Feofments and other conveyances and assu∣rances whatsoever, at any time since the first day of this instant month of July, suffered levied executed or made to be, &c. hereafter of the said Messuage Tenement and premisses or any part thereof, and that the said A. B. and C. D. and the Survivor of them and their heirs, and all and every other person and persons which now be, or at any time

hereafter, shall be seised of the said Messuages &c. shall therof, and of every part therof stand and be seised to the uses and intents hereafter * 1.76 in these present Indentures mentioned and expressed, and to no other use or intent: that is to say, To the only use of the said T. G. and of his Heirs and Assigns for ever, so alwayes, and upon condition, that * 1.77 said T: G: his Heirs, Executors, &c do pay &c. to the said G. L. the summ of 246 l. of &c. at the said Messuage &c. in form following, viz. on the &c. 76 l. therof &c.

Provided alwayes, and it is moreover Covenanted, Granted and A∣greed * 1.78 by and between the said parties to these presents, that if default be made of, or in payment of the said summ of &c. or any part therof contrary to the form afore mentioned, that then the said recovery to be suffered and executed by reason of these presents, and all and singular other the said Recoveries &c. shall be, and all persons that now be, or hereafter shall be seised of the said Messuage &c. shall from time to time, and at all times after such default had or made, stand, and be ther∣of and of every part therof to the only use of the said G: L: his Heirs and Assigns for ever, and to none other use intent or purpose whatsoe∣ver. And also the said T: G: Covenanteth &c. that within three moneths * 1.79 after such default, as aforesaid, made of and in payment of the said summ &c. contrary to the form aforesaid, he the said T: his Heirs or Assigns, shall at the Messuage aforesaid, well and safely redeliver, or cause &c. to the said G: his Heirs or Assigns, all such Deeds, Evi∣dences or Writings, as the said G: or his Heirs, or of any of them hath now made or delivered, or hereafter in the mean time shall make or deliver to the said T: G: or his Heirs concerning the Premisses, or any part therof. A Covenant for giving Acquittances at every pay∣ment, &c. In witness, &c.

A Covenant to suffer a Recovery of Copy-hold Land by a Plaint in a Court Baron, after the order of a Recovery at the Com∣mon Law.

THis Indenture tripertite &c. between R. H. Citizen and Inholder of L. on the first party; and H. L. of H. in the County of M. and E. his wife, on the second party, and W. W. of L. Inne, in the County of M. Gentleman, on the third party, witnesseth, That for divers consi∣derations moving the said parties, It is covenanted, granted, and a∣greed, by and between the said R. H. H L. and E his wife, and the said * 1.80 W. and every of them, in manner and form following, that is to say, The said R. H. doth covenant and grant, that he the said R. before the 20. day of J. next &c. shall permit and suffer the said W. W. to bring

and pursue against the said R: H. in the Court Baroa of the Mannor of H. in the said County of M. one Plaint in the nature of a Writ of Entry sur Disseisin, in le post, of all and singular those his Messuage, one Cottage, and twenty acres of Meadow, with the appurtenances, which said Messuage &c. being scituate together, and do abutt upon &c. and which said Messuage &c. the said R. H. late had in Remain∣der of the Surrender of M: H: his Father, by the names of one Tene∣ment herietable, and two Crofts therunto appertaining, containing in the whole by estimation nine acres, somtime I: H: and an acre &c. lying between &c. as by the Court Roll of the generall Court of the said Mannor, holden at H. on Thursday being the 17. day of N. in the first year &c. amongst other things more fully and plainly doth and may appear. And that the same Plaint, in the nature of the said Writ of Entry in the Post, shall he entred commenced and sued, of all and e∣very the Premisses, with the appurtenances, by the names of &c. with the Appurtenances in H. within the Jurisdiction of the Court of the said * 1.81 Mannor of H. to the which Writ the said R. H. also promiseth, that he shall and will appear in his own proper person, or by his Attorney in such behalf lawfully authorized: And therupon shall make his de∣fence, according to the law, and therof shall Vouch to Warranty, of and for the Premisses one I: M: and that the said I: M: shall enter in∣to the Warranty of the Premisses, and after shall make default accord∣ing to the manner and form of common Recoveries in Writs of Entry sur disseisin in le post, wherby the said W: W: shall have Judgment to re∣cover the said two Messuages, and twenty acres of Meadow, and other the Premisses, against the said R: H: and the said R: H: to recover over in value, against the said I: M: according to the manner and form of common Recoveries in Writs of Entry &c. which said Recovery the said R: H: covenanteth promiseth and granteth, to suffer to be execu∣ted by Precept and Warrant out of that Court, in the nature of a Writ * 1.82 of Habere facias seisinam, according to the order of the Law.

And it is further in like manner covenanted, granted condescended, and agreed between the said R: H: H. L: and E: his wife, and the said W: W: that the said Recovery and the Estate of the Premisses, to be had and to be recovered and obtained by reason therof, shall be to the only use behoof intent and meaning hereafter in these presents expressed and declared, and to none other uses behoofs intents and meanings, that is to say, To the use and behoof of the said E. L. the Daughter of the said R. H. and of her Heirs and Assigns for ever.

And moreover it is covenanted, granted condescended, and agreed between the said parties to these presents, and the same parties for them their Heirs Executors and Assigns; and for the Heirs Executors and Assigns of every of them, do covenant, promise, grant, condescend, conclude, and agree, by these presents, that the said W. W. and his Heirs

and Assigns, after the said Recovery of the said Premisses and execu∣tion therupon had by the said W. accordingly shall therupon and ther∣to stand and be seised of the said Messuage &c. to the only use and behoof of the said E. L. and of her Heirs and Assigns for ever; And to no other use or uses: In witness &c.

An Indenture for knowledging of a Fine and Recovery of Land, and leading the Ʋse therof with Covenants of Warranty and discharge of Incumbrances.

THis Indenture &c. between T. S. of West A. in the County of S: Gentleman, Son and Heir of I: S: late wife of C: S: deceased, Father of the said T: which I: was Daughter and Heir of R: P: the younger, which was Son and Heir of R: P: the elder, on the one party, and N. B: Citizen and Grocer of L: and S: B: eldest Son of the same N. on the other party, witnesseth, That for and in consideration of the Sum of &c. to the said T: before the ensealing &c. paid and contented by the said N: B. wherof &c. It is now covenanted concluded and agreed between the said parties.

And the said T: S: for him, his Heirs Executors and Administrators, and every of them doth covenant and grant, to and with the said N: B: and S: B: their Heirs Executors Administrators and Assigns, and e∣very of them by these presents, in manner &c. That he the said T. S: and A. now his wife, before the 27th. day of June, now next coming, at the costs and charges in the Law of the said N: and S. shall and will knowledge one Fine sur Conizance de droit come ceo qui ad de Son done in due form of Law, and according to the usuall course of Fines unto the said N: and S: as well of all that Messuage, with all and singular Barns Stables Houses Buildings Lands Tenements and other Appurte∣nances therunto belonging, now or late in the Tenure or Occupation of &c. or of his Assigns, scituate &c. in T. in the County of M. with one W: R: by his Indenture of Lease, dated &c. did demise and let to Farm to one R. F: for a certain Term of years, yet not expired, and of one Close &c. containing by estimation 0. acres of Land and of a Feild called &c. containing &c. and of one Meadow &c. to and with the Messuage aforesaid, now occupyed and belonging; As also of all and singular other Messuages Lands Tenement Rents and Services, and the Reversion and Reversions therof whatsoever, which the said T. hath or ought to have in T. aforesaid; And the same by the said Fine shall remise and quite claim from them and their Heirs to the said N: and S: and the Heirs of the said N: for ever, with Warranty of the said T: and A: against themselves, and the Heirs of the said T: for ever,

which Fine so had and levied, shall be to the use of the said N. and S: and their Heirs for ever.

And moreover it is agreed between the said parties, that immediatly or soon after the said Fine shall be knowledged and recorded, one N. N. shall bring and pursue one Writ of Entry in the Post, in the Kings Court of Common Pleas at W. before his Justices there, and therby shall demand the Premisses by words of Course, against the said N. B: and S. or the Survivor of them, to which Writ the said N: and S. or the Survivor of them, shall appear gratis, and Vouch to Warranty the said T: S.

And the said T: S: for him, his Heirs Executors and Admini∣strators, doth covenant and grant, to and with the said N: and S: their Heirs Executors and Administrators, by these presents, That he the said T: upon reasonable premonition and request therof to him before hand to be given and made, will therupon appear in the said Court, and there enter into the said Warranty gratis, and after Vouch over the common Vouchee, who may them likewise enter into the War∣ranty and Imparl, and after Imparlance depart in contempt of the Court, so as a perfect Recovery with double Vouchee may then be had and passed of all the Premises in due form of the Law, and Seisin therof had and executed accordingly, for the perfect executing and perform∣ing of which said Recovery with double Voucher, as before the said T: S: for him his Heirs and Assigns, doth covenant and grant upon rea∣sonable request, to do all such reasonable act and acts, as before is limi∣ted, or otherwise shall b•• meet and convenient by him to be done and executed concerning the Premisses, the same to be done at the costs and charges in the Law only of the said N: or S. their Heirs or Assigns.

And it is further covenanted concluded and agreed, between the said parties to these presents, for themselves, their Heirs and Assigns, and every of them for himself and his Heirs, doth covenant grant and agree to and with each other of them, and his and their Heirs by these pre∣sents, that as well the said Fine and Recovery aforesaid, and either of them to be levied or had of the Premisses, or of any part therof, as also all and every other Conveyances and Assurances whatsoever, therof or of any part therof to be knowledged had or made at any time hereafter between the said parties, their Heirs or Assigns, shall be, and by these presents are fully and plainly expressed, declared, and agreed to be to the only use and behoof of the said N: S: and of their Heirs and Assigns for ever, and to none other use behoof intent or purpose whatsoever.

And the said T: S. covenanteth &c. to and with the said N: and S: &c. in manner &c. viz. That he the said T: S. now is and standeth, and untill the levying and engrossing of the Fine aforesaid, shall be and stand lawfully and solely seised, of and in all and singular the Pre∣misses,

of a good perfect and sure Estate in the Law in Fee-simple or Fee-tail; And that the same Premisses are and stand, and at the engrossing of the Fine aforesaid, shall be and stand, and for ever therafter shall abide and continue, clear and freely discharged and acquitted, or otherwise by the said T. his Heirs Executors or Admi∣nistrators, at all times sufficiently saved harmlesse, of and from all and singular former Bargains Sales Leases Bonds Statutes Recogni∣zances Rents Arrerages of Rents Forfeitures Re-entries, and Causes of Forfeiture or Re-entry, and all other Estates Rights Titles Grants Charges or Incumbrances whatsoever, had, made, caused, pro∣cured or agreed unto by the said T. S. or any of his Ancestors, or of any other person or persons, by his or their Means Title or Pro∣curement one yearly Rent of five pounds sixteen shillings, eight pence, and sur to the Court of the Mannor of T. reserved, of and for the Premisses, yearly to be paid and done, to the Heirs and Assigns of W: C: Knight, deceased, and the said Lease made by the said W: R: to the said W: F: as aforesaid, alwaies except and fore prised.

And also that the said N: and S: their Heirs and Assigns, shall and lawfully may from henceforth have hold and enjoy the Premisses, and have take perceive and enjoy all the Rents Revenews Issues and Profits therof, to their own use, without any let disturbance or Eviction, of or by the said T: S: his Heirs or Assigns, or of or by any other person or persons, by his Means Title or Procurement.

And moreover, that he the said T. and his Heirs, at all times, during five years next after the date of these presents, at and upon eve∣ry reasonable request, and at the costs and charges in the Law only of the said N: and S: their Heirs Executors or Assigns, or any of them shal and will do make knowledge and suffer all and singular act and acts, thing and things in the Law, with Warranty onely against the said T. and his Heirs, for the further or better conveyance, assurance, and sure making, of all and singular the Premisses, to be had, conveyed, and made sure to the said N: and S: and their Heirs, and the Survivor of them, his Heirs and Assigns, for his and their own use, clearly and absolutely, without any manner of Condition for ever, as by the said N. and S. or the Survivor of them, his Heirs Executors or Assigns, or by his or their Councel learned in the Laws of this Realm, shall be lawfully and reasonably devised or advised: In witness &c.

An Indenture for acknowledgement, and leading the use of a Fine and Recovery.

THis Indenture Tripartite made &c. Between H. G. Esq; on the first part A. G. natural Mother of the said H. on the second part, and T. G. Gent on the third part witnesseth, That it is Covenanted and Agreed, by and between the said parties for themselves, their Heirs and Assigns, in manner and form following, that is to say, That the said H. G. and A. his wife before the end of Michaelmas Term next com∣ming before the Kings Majesties Justices of his Common Bench at Westminster shall leavy one Fine with Proclamations according to the Statute in that behalf provided unto the said T. G. and his Heirs of all those two Messuages with their appurtenances in F. and W. in the Coun∣ty of M, now or late in the several Tenures or Occupations of &c. or their Assigns, by the name of two Messuages, two Barns, two Gar∣dens, sixteen acres of Meadowe, seventy acres of Pasture, and six acres of Wood, with their Appurtenances in F. and W. and that after the said Fine shall be recorded before the said Justices, T: W: Gentle∣man, and R: C: by the Kings Majesties Writ of Entry sur Disseisin in le post shall by the names aforesaid, demand the said Messuages with their Appurtenances, in the said Court, before the said Justices, against the said T. G. on this side the Feast of St. Andrew the Apostle next ensuing, to which Writ the said T. G: shall appear in his proper person, and make defence by words of course, and shall vouch to Warranty the said H: G: who also shall appear in his proper person, and vouch over the com∣mon Vouchee, who shall also appear and joyn the Mise, and after Im∣parlance shall depart in contempt of the Court, so as a perfect Reco∣very shall be had by the said T: G: and therof Seisin execuned upon the Premisses, according to the usuall manner of common Recovery.

And further that the said Recovery and the Seisin therof had as a∣foresaid, and all other former Conveyances of the Premisses shall be, and all persons seised or to be seised therof, or of any part therof, shal stand therof and be seised, to the only uses and intents following, and to none other use or intent whatsoever. That is to say, Of the said Mes∣suage with the Appurtenances, in the Occupation of the said W: S: to the only use of the said H: G: and of his Heirs and Assigns for ever, and of the said Messu••ge with the Appurtenances, in the occupation of the said G. N. to the use of the said A. G: for and during all the term of the naturall l••fe of the said A. and after her decease, to the use of the said H. G. and of his Heirs and Assigns for ever.

And the said H: G: for him, his Heirs Executors and Administrators and every of them do covenant and grant, to and with the said A. G. her Executors &c. in manner &c. viz. That the said Messuage with

the Appurtenances, in the Occupation of &c. and mentioned to be conveyed by the Fine and Recovery aforesaid, now is, and during the naturall life of the said A: G: shall be, or lawfully may be and continue to the said A: and her Assigns, during the naturall life of the said A. of the clear yearly rent and value of 13 l. 13 s. 4 d. of lawfull &c. above all Charges and Reprises.

And that the said A. G: and her Assigns, may lawfully and quietly have hold and enjoy the said Messuage with the Appurtenances, in the Occupation of the said &c. and mentio••••d to be conveyed by the Fine and Recovery aforesaid, during the naturall life of the said A: clearly discharged and acquitted, or otherwise at all times by the said H: G: and and his Heirs, sufficiently keep harmlesse, of and from all former Bar∣gains Grants Sales Bonds Charges Estates Titles Interests and Incum∣brances whatsoever, had, made, done, caused, or procured by the said H; G: or by W: G: late Father of the said H: or by their, or any of their act, knowledge, consent, or procurement: In witness, &c:

An Indenture for acknowledging of a Fine of Rent.

THis Indenture Tripertite made &c. Between W: G: of B: in the County of W. Esq; and E. his wife on the first part, and R: P: Ci∣tizen and Merchant-Tailor of L: on the second part, and S P. eldest son of the said R. P. on the third part witnesseth, that it is Covenanted, Granted and Agreed between the said parties, for them, their Heirs and Assigns, and every of them by these presents. That the said W: and E: for themselves their Heirs and Assigns, and every of them do Covenant and Grant to and with the said R: and S: their Heirs and As∣signs, and the heirs & assigns of every of them by these presents, in man∣ner and form following, that is to say, That they the said W: and E: be∣fore the Feast of All Saints next comming at the costs and charges in the Law of the said R. and S: or of one of them, or of their Executors Administrators or Assigns, of one of them, shall and will in due form of Law knowledge and levy such a Fine or Fines with Proclamations before the Justices of our Soveraign Lo. the King of his Common Bench at Westminster, according to the common and usuall order of Fines, and of the Statutes in that Case provided of 9 l. 13 s. 4. d. going out of two Messuages and two Shops, and of one yearly Rent of 6 l. 13 s. 4 d. going out of one other Messuage, and one Shop, with the appurtenances in W: in the Parish of St. M: of L: at the Feasts of the Birth &c. the Annunciation &c. the Nativity &c. and St. Mi∣chael the Archangel by even portions to be paid, and also of 13 s. 4 d. to be paid in the name of a Paine for not paying of the said yearly

Rent of 9 l. 13 s. 4 d. and of 10 s. to be paid in the name of a Paine for not paying the said yearly Rent of 6 l. 13 s. 4 d. then and so often when and as often as the same Rents in any Feast of the Feasts afore∣said shall be unpaid, and by the same Fine and Fines shall knowledge the said yearly Rents, and the said summs in the name of a Paine to be paid in manner and form aforesaid, to be the right of the said R. as those that the said R. and S. then shall have of the gift of the said W: and E: and the same by the said Fine or Fines shall remise and quite claim from them the said W: and E…… and their Heirs to the said R: and S. and the Heirs of the said R: for ever.

And moreover the said W: and E: shall by the said Fine and Fines, grant for them, and the Heirs of the said W: that they shail warrant to the said R: and S: and to the Heirs of the same R. the said Rents, and the said summs to be paid in the name of a Paine in manner and form aforesaid, against them the said W. and E. and the Heirs of the said W: for ever, or otherwise by any other Fine in any other manner only, with such warranty as is aforesaid, as by the learned Councel of the said R: and S: or either of them shall be lawfully and reasonably devised or advised at the only costs and charges of the said R: and S: or of one of them or of the Heirs, Executors, or Administrators of one of them, and the parties aforesaid, do Covenant, Grant and Agree toge∣ther for themselves their Heirs and Assigns, and for every of them, and the Heirs and Assigns of every of them by these present Indentures, that the said Fine, and every other Fine and Fines as aforesaid to be knowledged between the said parties, or their Heirs of and for the said yearly Rents aforesaid going out of the said Messuages and Shops a∣foresaid, and of the said summ to be paid in the name of a Paine, in manner and form aforesaid, shall be, and from thenceforth shall be deemed and taken to be, and also that then and from thenceforth the said R. and S. and the Heirs of the said R. and they the said R. and S. and the Heirs of every of them shall be and stand seised of the said year∣ly Rents, and other the Premisses with the appurtenances, to the only uses, intents and purposes hereafter expressed in these Indentures, and to none o•• her use or uses, intent or purpose whatsoever, that is to say, Of the said yearly Rent of 9l. 13 s. 4d. and of the said sum of 13 s. 4 d. to be paid in the name of a Paine for not paying therof, in manner and form as aforesaid, as of en as the said Paine shall be payable to the only use and behoof of the said S. P. and of the Heirs and Assigns of the said S. for ever, and of the said yearly Rent of 6 l. 13 s. 4 d. and of the said summ of 10 s. to be paid in the name of a Paine for not paying therof in manner and form aforesaid, as often as the said Paine shall be payable to the only use of the said R. P. and of the Heirs and Assigns of the said R: P: for ever. In witness &c. to one part of these pre∣sent Indentures, remaining to and with the said R. P. the said VV. and E

have set their Seals, and to one other part thereof remaining, to and with the said S. P. the said VV. and E. have likewise set their Seals, and to the third part of the same Indentures remaining to and with the said VV. and E. the said R. and S. have set their seals, &c.

A Covenant to convey Land and Rent to the Ʋse of a Colledge.

THis Indenture Quadripartite, made &c. Between W. F. Citizen, and M. of L. on the first party, A B. &c. on the second party and the Master and Wardens of the mystery of Marchant Taylors, of the Fraternity of St John Baptist, in the City of L. on the third party, and the President, and Schollers of the Colledge of Saint John Bap∣tist, * 1.83 in the University of O. on the fourth party, witnesseth, that wher∣as our said Soveraign Lady the Queen, by her Highness Letters Pa∣tents, under her great Seal of E bearing date at Westminster, the thir∣tieth day of October, now last past, for the causes, and for the Purpose in the same Letters Patents expressed, hath given and granted unto the said W. F. by the name of her welbeloved Servant W: F: and to his heirs and Assigns for ever, all that yearly Rent or stipend of seven pounds, and that yearly Rent of six shillings eight pence, which were somtime given and granted by Sir W. Fitz. W. Knight, deceased, to certain su∣perstitious uses in the Church of M. in the County of N, and which were appointed by the said Sir W. to be issuing and going out of the Lands and Tenements of the mystery or fraternity of Saint John Bap∣tist, in the City of L. and to be paid by the Master and Wardens of the mystery aforesaid, and also by the same Letters Patents, hath given and granted unto the said M. F: his Executors and Assigns, all the ar∣rerages of the said severall yearly Rents of 6l and 6 s 8d, con∣cealed and unpaid from the Feast of Easter, in the second year of the Raign of our late Soveraign Lord King E. the 6. untill the Feast day of Saint Micbaell the Arch Angell in the 19th year of the Raign of our said Soveraign, &c. and one Writing obligatory of two hun∣dred marks remaining in the custody of her Majesties Remembrances, bearing date the twentieth day of March. now last past, wherein the said Master and Wardens, stood bound to her Majesty for the pay∣ment of 103 l. 6 s. for the arrerages of the said yearly Rents, as by the said Letters Patents, &c. and wheras the said W. F. in his own Right, * 1.84 and to his own use, is lawfullly and sole seised, of and in one Messu∣age or Tenement with the appurtenances lying and being in C. street, in the Parish &c. in L. now in the Occupation of R. T. and which the said W. lately purchased to him and his heirs of I. M: of L: Draper, * 1.85 Now the said W. F. minding not only to imploy the said messuage or

Tenement with the appurtenances ••or ever, to the Help and Releif of poor Schollers for the time being Students in Saint Johns Colledge, in Ox. * 1.86 aforesaid, but also intending duely to perform the purpose and intent of the said Letters Patents for him and his heirs, doth covenant and grant to and with the said Master and Wardens, and their Successors by these Presents, that hee the said W. or his heirs, on this side, the Feast of Pentecost next coming, shall and will grant convey and assure from him the said W. and his Heirs unto the said A. B. and his Heirs for ever, as well the said capitall Messuage, with all and singular the Appurtenances in as large and ample manner, as the said VV: had the same of the said I. M as also the said yearly Rent or stipend of 7 l. and the said yearly Rent of 6s. 8d. and all the Arrerages thereof a∣foresaid, and also the said Writing obligatory and summ of money therein specified in as large and ample manner as our said Soveraign Lady hath given and granted the same to the said W. and his heirs as aforesaid. Yet nevertheless, upon and under such Condition that the said A. B. shall forthwith make and declare his last Will in Writing un∣der his hand and seal of and for all and singular the Premisses, and by the same his last Will, shall devise give and bequeath all and singular the said premisses to the said Master and Wardens and their Successors for ever, to the intent, that they for ever hereafter shal imploy pay and distribute yearly, or cause, &c. yearly, the cleer yearly Rent and profit of the said Messuage or Tenement with the Appurtenances, be∣tween five poor Students and Schollers of the Colledge aforesaid for the time being, and which shall most like to bend their studies to Di∣vinity, to be yearly divided them in five equall parts, that is, to every of them one equall fifth part, towards the amendment of their Batelings.

And further also to the intent that the said Wardens and their Successors shall for ever hereafter yerely imploy distribute and bestow the said yerely rent stipend of seven pounds and the said yerely rent of six shillings eight pence in such manner and form as hereafter in these presents is expressed, that is to say, the said yerely rent of six shilling eight pence yeerly to be paid and given in two equall moy∣eties viz on the 27 day of Octob the one halfe thereof to the Clark of the mystery aforesaid and the other half of the same day to the Bedle of the same mystery for the time being, and the said yerely rent or sti∣pend of 7 pounds from thenceforth yerely on the said twenty seventh day of October to be distributed part and part like to and amongst the poore Almesmen of the livery of the said mistery to the augmenting of their pencions and so to have continuance from time to time forever. And the said W. F. doth by these presents ordaine and of one assent consent and agreement amongst all the said parties it is by them ordai∣ned and established for a perpetuall ordinance for and touching the said

Dividends or portions of the said clear yeerly rent & profit of the said Messuages or Tenements with the appurtenances in manner and form following, that is to say that the said dividends or portions shall be called and named by the name of F, his Bateling and the said Master * 1.87 and Wardens of the mystery aforesaid for them and their Successors do covenant and grant to and with the said W. F. &c. that they the said Masters and Wardens & their Successors shall and will yeerly di∣stribute and pay the said severall yeerly rents of seven pounds and six shillings and eight pence and every part and parcell thereof yerely for ever, as they shall have and receive the same to the use and be∣hoofes aforesaid and in such manner and form as is aforesaid and ac∣cording unto the true meaning of these presents without any manner of default fraud or covin. A like covenant for the rent of the said Mes∣suages &c. In witnesse &c.

Covenants between a high Sheriff, and his under Sheriff.

THis Indenture made the day of &c. in the yeare of our lord God and between A. B. of W. in the county of E G Esq. (now high Sheriff of the County of E. of the one part and C. D. of &c. in the County of &c▪ Gent. of the other part. Wheras his High∣nes Oliver Lord Protector of the Common wealth of England Scot∣land & Ireland &c. by his Highnes Letters Patents under the great seal of E bearing date the 17^th. day of this instant No. have made named assigned and appointed the said A. B. to be high Sheriff of the said county of E, during his pleasure. Now this Indenture witnesseth that the said A. B. for the good opinion which he hath conceived of the said C. D. and of the trust and confidence which he reposeth in him hath deputed assigned constituted and ordained and by these presents doth depute assigne constitute ordaine him the said C. D. to be his Under Sheriff of for and in the said County of E. during all the time that he the said A. B. shall be and remaine Sheriff of the said County by force of the Letters Patents aforesaid and doth hereby au∣thorize the said C. D. to serve exercise & execute the said office of Un∣der Sheriff of the said County under him the said A. B. in his name during all the time aforesaid and the said A. B. as far as in him is doth also by these presents grant unto the said C. D. that it shall and may be lawfull to and for the said C D. by force hereof to appear answer and serve and minister as under Sheriff of the said County of E. for and in the name of the said A. B. as well in all places in the said County of E. as in all and every the Court & Courts as within the Common-Wealth of England and before all and every the Justices of Oyer and Terminer,

Justices of Assize & Goal delivery Justices in Eyer and of the forrest Officers Justices of the peace Coroners and Eschetors and o∣ther Officers & Commissioners of this Common-Wealth & the Forrest Officers where the said A. B. by vertue of the said office of Sheriffwick for the said County of E. shall be bound or ought to appear answer serve or be attendant and to break open answer return & execute for him the said A. B. in his name all Processes Writs Precepts Warrants Mandates and Commandements to the Sheriff of the said County di∣rected or hereafter to be directed out of any the Courts aforesaid or from any the Justices Comissioners Coroners or Eschetors aforesaid and to do performe and execute for him the said A. B. and in his name all and every thing and things which by him the said A, B. by vertue of his office of Sheriffwick of the said County of E. is to be performed executed and done saving alwaies and excepting the said C. D. shall not by vertue thereof be authorized to open returne send execute any writ or writs for electing any Knights of Sheir or burgesses of the Parl. for the said County of E. or any other Burrough within the said coun∣ty, nor to open execute or answer any the letters of his Highnes the Lord Protector or the Councill to be directed unto the said Sheriff of the said County of E. without the speciall warrant direction Com∣mandement of him the said A. B. for that purposes.

And further the said A. B. doth by these presents grant unto the said C. D. for the executing of the said office all the fees duties and pro∣fits to him due arising and growing by the County Courts to be kept within the said County of E. and all other fees rewards duties allow∣ances and profits incident to the office of Sheriffwick or thereunto be∣longing for which the said A. B. is or shal be allowed by the Common laws of this realme or customes of the said County either for the opening returning or executing of any writ precept or proces warrant or Command whatsoever or for other executing of the said office and which have not been accepted heretofore the ordinary fees of any other his Bayliffs or other officers to have and enjoy the said duties fees rewards allowances and other profits to his own use without an account to be rendred to the said A. B. his Executors Administrators for the same.

And the said C, D. for and in consideration of the Benevolence a∣foresaid, and for the free gift and grant of the said A. B. doth for himself his heirs Executors Administrators▪ and Assignes, and e∣very of them, covenant promise grant and agree to and with the said A. B. his Heirs Executors, Administrators and Assigns, by these pre∣sents, that he the said C: D. shall and will at all times from and after the day of the date of these presents, duely diligently lawfully and carefully serve the said A. B. as his Deputy and under Sheriff, of in and for the said County of E. without doing or committing any kind of

Extortion or willfull mis-beleiving of himself in the said Office, and shall and will duely, and respectively execute the said Office of Sheriff∣wick, under the name of the said A, B. in all poines so far forth, as these presents, the Laws of the Land or other license or commandment of the said A, B. shall warrant or give Liberty, and shall and will in the name of the said A. B. and as his Deputy in the said Office of un∣dersheriff of the said County of E. be answerable, attendant, and mi∣nister in all Courts of his highness the Lord Protector by and before the said Justices of Assize, Justices of Eyer, and of the forrest and all Commissioners Escheators Coroners and other Justices, and Officers of his highness the Lord Protector, before whom the said A. B. shall be bound or required to minister answer or be attendant in respect of the said Office of Sheriffwick for the said County of E. and shall and will execute and make answer, true and sufficient Returne of all such Processes Writs Precepts and Commandments, directed from the Keepers of the Liberties of England, or from every or any of the said Courts Justices Commissioners Escheators and other Officers aforesaid as shall be delivered to, or come to the hands of him the said C. D. his Deputy or Deputies, Assignee or Assigns, or shall and will discharge and save harmless the said A. B. his Heirs Executors and Administra∣tors, and his and their and every of their Lands Tenements Goods and Chattels, off and from all Fines Issues and Amerciaments, and other pe∣nalties Forfeitures pains corporal, and pecuniary whatsoever, wherby or wherewithall the said A: B. his Heirs Executors or Administrators or his or their Lands Tenements Goods or Chattells shall or may be charged or chargeable, for his the said A. B. or the said CD. not ex∣cuting, not fileing neglecting misexecuting evill, returning not serving mis-returning or mis-fileing any of the said Writs Processes Precepts Warrants or Commandments aforesaid, or for the absence, ill atten∣dance, or not attendance of the said A. B. or of the said C. D. or his Deputy as aforesaid, or other misdemeanors, in the executing, not ex∣ecuting or mis-executing of the said Office in any thing which the said C. D. might by vertue of these presents by himself or his deputies ex∣ecute or perform other then from such fines issues and Amerciaments and other penalties as shall be imposed or adjudged upon or against the said A. B. for or in respect of any offence fault or negligence by the said A. B, at any time after the day of the date of these presents comitted omitted or done or to be comitted omitted or done by him∣self in his own person or by any other (except the said C. D. by his the said A. B. his Commandement or appointment without the consent of the said C. D: And that the said C. D. shall himself or his sufficient de∣puty or deputies duly & lawfully keep or cause to be kept within the said County of E, all and singular County Courts of the said County at such times & places as heretofore hath been accustomed and that he

the said C. D. shall and will make and appoint one or more Attorney or Attorneyes deputy or deputies of record in the Courts of Record now commonly called the Upper Bench, Com. Bench, and Exchecquer and in all other Courts and Offices wherein Attorneis are commonly appoin∣ted and so shal and will ordain appoint and make one or more able de∣puty or deputies for him the said A. B. in every hundred within the said County of E. according to the Lawes and Statutes in these cases pro∣vided, so that the said A. B. shall not hereafter be lyable to any penal∣ty or Forfeiture, for want of any such Attorney or Deputy, and shall and will at his own proper costs and charges, appear and make ready all such place and places, where the Assises Gaol Delivery or Sessions, shall be from time to time holden meet and convenient Courts, Bars, and all other things necessary and convenient, for the Justices of As∣sise, and other Justices to keep their Assises and Gaol Deliveries and Sessions in, and shall and will from time to time, give notice in conve∣nient time to the said A. B. of all and every such time and times, place and places, where the personall attendance of the said A B. shall be re∣quisite and necessary, so as the said A. B. may be personally present at such times and places when and where his personall appearance and at∣tendance shall be necessary.

And furthermore that the said C: D: by and during the continuance of the said Office, shall and will well and truly collect, leavy, gather, and seise to the use of his Highness, the Lord Protector, all the goods and chattels of Felonies and Fugitives, and of all persons Outlawed and put in Exigent, and of all persons Attainted and Convicted of Treason, Murder or Felony, which shall happen within the said Coun∣ty of E. during the time aforesaid, which shall be due or forfeited to his Highness the Lord Protector by any wayes or means aforesaid, and shall and will from time to time, well and truly collect and gather up all Fines, Amerciaments, Extracts, Certainties, Fee-Farms, Pipe-silver for Licence, Concord for Fines, Greenwax, and all other summ and summs of money which to the Collection of the said A. B. by reason of the Sheriffwick of the said County shall appertain or belong and which the said C. D. shall have Warrant or lawful Authority to seise, leavy, or collect, or which he shall have notice of, and may reasonably come by, and therof, and of every part therof, and of all other the Issues and Revenues of the said County, and of all summs of money due, or hereafter during the continuance of the said Office of Sheriffewick of the said County, doth or may appertain, shall and will to his Highness the Lord Protector in the Court of Exchecquer aforesaid, yeild and give just account, and also that he the said C: D: his Executors, Admini∣strators, at such dayes and terms as he the said A. B: is or shal be requi∣red to enter into account of the Court of Exchecquer, for or touching the said Office. The said C: D: shall and will enter into account in

the said Court of Exchecquer, in the name of the said A: B. for and concerning the said Sheriffwick of the said County of E. in and upon which account the said C: D: his Executors, and Administrators, shall and will truly answer all such debts, duties, and summs of moneys, as the said C. D: his Deputies, Officers or Servants, or any of the Bay∣leiffs of any of the Hundreds of the said County shall have received, or might have received, or wherewith the said A: B: as Sheriff of the said County shall be any wayes charged or chargeable with upon the same account, and the same account shall and will, at his the said C: D: his own costs and charges prosecute with effect untill the same ac∣count be fully finished and concluded without demanding any allow∣ance or allowances of the said A: B: his Heirs Executors oe Admini∣strators for the same; and also that the said C. D. his Executors, and Administrators, shall and will pay into the Receipt of Exchecquer all such summs of money as upon the said account shall be found in Arre∣rages within one year next after the Feast of St. Michael next ensuing the date hereof and in the name of the said A. B. obtaine a lawful discharge and Quietus est out of the said Court of Exchecquer for him the said A. B. and the same shall and will deliver unto the said A. B. his Heirs Executors or Assigns, for a full discharge of him the said A. B. his Heirs Executors Administrators and Assigns, of and concerning the said Sheriffwick of the said County of E. within one year next after the said Feast of St. Michael, and that the said C. D. his Heirs, Execu∣cutors Administrators and Assigns, or some, or one of them, shall and will at some or one of their own proper costs and charges, disburse and pay for the said A: B: all and all manner of Fees, Duties, Charges, summ and summs of money, Rewards, Gratuities and Demands what∣soever which shall be required, demanded or demandable of the said A. B: as due or accustomed to be paid or given by the Sheriff of the said County for or by reason of the said account without demanding any allowance or allowances therfore of the said A: B: his Heirs Exe∣cutors Administrators or Assigns, and the said C. D. doth further for the consideration aforesaid, for himself his Heirs Executors Admini∣nistrators and Assigns, and for every of them Covenant, Promise, Grant and Agree to and with the said A: B. his Heirs Executors Ad∣ministrators and Assigns by these presents, That he the said C. D. his Ex∣ecutors or Administrators, shall and will from time to time, and at all times hereafter well duly and truly satisfie and pay all and singular such summ and summs of money as he the said C. D. or any deputy Clerk or Clerks, Bailiff or Bailiffs Substitute or Substitutes under him, shall at any time and times, and all times leavy or receive, by vertue or rea∣son of any Writ or Writs, Proces of Extent Libertate Capias ad satis∣faciendum, fieri facias, eleget, distringas nuper Vice comes, against any for∣mer Sheriff, or any other writ or writs of execution or Warrants what∣soever

according to the purport and true tenure of any such Writ o Writs, Warrant or Warrants respectively and in such manner as by the same respectively shall be limited, required, or appointed, and shall from time to time sufficiently save harmless and defend the said A B. his Heirs, Executors and Administrators, of, for, and from all and every such summ and summs of money as aforesaid.

And further, that he the said C: D: his Heirs Executors Admini∣strators or Assigns, shall and will at his and their own proper costs and charges, conduct and safe delivery of all such Prisoners as are, or here∣after shall be in the custody of the Gaol for the said County of E: to such person and persons, and to such place and places, as the said A: B: shall by Writ, Warrant, or other Precept, or Commandement, or by virtue and in respect of his said Office, be commanded or bound to deli∣ver the same. And further shall and will also at his and their own pro∣per costs and charges, execute or cause to be executed, all such per∣sons as at any time during the time aforesaid, shall be convicted and put in execution, according to their severall Judgments, if the same person or persons be not by any lawfull authority reprieved into the said Gaol.

And the said C: D. doth further for himself, his Heirs Executors Ad∣ministrators and Assigns, and every of them, covenant grant promise and agree, to and with the said A. B. his Heirs Executors Administra∣tors and Assigns by these presents, That he the said C. D. his Execu∣tors and Administrators, shall and will upon the discharge and giving up of the said Office, to such as shall succeed in the said Office of She∣riffwick, of and for the said County of E. in due form of Law deliver, or cause to be delivered by Indenture to be made between the said A. B. and his Successors, in the said Office to the said Successor of the said A. B. in the said Office, or to his Deputy for the time being, all such Prisoners as then shall be in the Custody of the said A: B: or of a∣ny of his Deputies, or Ministers, with the Causes of their Detainments and Imprisonments, and all such Iron Implements and Things, as shall be in the Custody of the said C. D. belonging to the Common Gaol of the said County, or to the Officers of the same: And also all Writs Processes Warrants and other things, which then shal be in his hands & custody, in respect of the Office of Sheriffwick, of in and for the said County of E.

And the said C. D. doth further for himself, his Heirs Executors Ad∣ministrators and Assigns, covenant promise grant and agree, to and with the said A▪ B. his Heirs Executors and Administrators by these present, That he the said C. D. his Heirs Executors or Administrators, shall and will from time to time, and at all times hereafter, discharge defend and save harmlesse as well the said A. B. his Heirs Executors and Administrators, and his and their Lands and Tenements Goods

and Chattels, as well against his Highnesse the Lord Protector, and all other persons whatsoever, of for and from all manner of Pains Corpo∣rall and Pecuniary, Forfeitures Fines Amerciaments Debts Accounts Duties and Demands whatsoever, hereafter lawfully to be commenced prosecuted imposed demanded or demandable of or against the said A. B. his Heirs Executors or Administrators, or his or their Lands Goods Tenements and Chattels, for or by reason of any escape of any Priso∣ner or Prisoners whatsoever, now under execution or under arrest, or hereafter to be had in execution under Arrest, for any manner of Debt Damage Trespasse Account or other Duties or Wrong, or for any Treason Felony or other Offence whatsoever, or for any or by reason of not appearance of any person arrested at the day limited, for the ap∣pearance in any Court or Courts, or before any Judge, or Judges, or Justices whatsoever, or for or by reason of any False Return, not Re∣turn or Mis▪return of any Writ, Warrant or Proces, or for any other mis-behaviour, negligence, or larges, of the said C. D. his Bayliffs or Officers in executing, or negligence in executing, or not in executing of the said Office of Sheriffwick, for the said County of E. of or for, or by reason of the not levying answering or not paying of any Sum or Sums of money, which shall, or may, or ought to be collected or recei∣ved by virtue or reason of the said Office of the Sheriffwick of the said A. B. or having relation therunto, or by reason of any Writ or Writs of Assistance, for the levying of any Sums of money, wherwith the said A. B. shall or may be charged or chargable, of or for any matter, clause or thing, having relation to the said Office, and to the intent that the said C. D. may the better perform the execution of the said Office, the said A. B. is contented and pleased, and doth hereby grant unto the said C. D. that he the said C. D. shall have to his own use, the benefit of such Bonds and Covenants as shall be taken of any person or persons, wher∣in the same person or persons shall become bound unto the said A. B. as Sheriff of the said County of E. with condition for their or any of their appearances in any Court, or elsewhere, before any Commissio∣ners of the Keepers of the Liberties of Eng. by Authority of Parlia∣ment: And of all Obligations taken or to be taken of any Bayliffs or their Sureties, and of all other Bonds and Covenants, which are or shall be made to the said A. B. as the Sheriff of the said County of E. (except the Covenants herein contained) and the Bonds and Obliga∣tions taken or to be taken, for the performance of the said Covenants, and every of them (except before excepted) and shall and may sue and prosecute the same in the name of A. B. his Executors and Admi∣nistrators, at the proper costs and charges of the said C. D. his Exe∣cutors Administrators and Assigns, and the moneys therof and therby recovered to have, take, and detain, to his and their own use and uses, without any account therof, to yeild or make to the said A. B. his

Heirs Executors Administrators or Assigns, all which said Bonds and Covenants (except before excepted) he the said A. B. doth for himself his Heirs Executors Administrators and Assigns, covenant promise gran•• and agree, to and with the said C. D. his Executors and Admini∣strators by these presents, that neither he the said A. B. nor his Heirs Executors or Administrators, or any of them, shall release acquit nor discharge the said Bonds or Covenants, nor any Action, Plaint, or Suit therupon to be brought, or any Judgment or Executi∣on therupon to be had, without the assent of the said C. D. his Execu∣tors Administrators or Assigns, unlesse he the said A. B. his Heirs Exe∣cutors or Administrators shall be enjoyned therunto, by order or course of Law or Equity.

And the said C. D. doth for himself, his Heirs Executors and Admi∣nistrators, covenant promise and grant, to and with the said A. B. his Heirs Executors and Administrators by these presents, that he the said C. D. his Executors and Administrators, shall and will from time to time, and at all times hereafter, save defend and keep harmlesse the said A. B. his Heirs Executors and Administrators, and his and their Lands Tenements Goods and Chattels, of and from all costs and charges and damages wh••ch may arise or happen, by reason of any Bill in Equity or of any Non-suit or Judgment obtained by any person or persons, of or upon any of the said Covenants Obligations or Bonds, to be ta∣ken for appearance as aforesaid, or by reason or means of removing any Action or Suit in the name of the said A. B. his Heirs Executors or Administrators, against any person or persons upon the same Cove∣nants Obligations, or any of them.

And wheras it is agreed by and between the said parties to these pre∣sents, that the said C. D. shall come bound by Obligation to the said A. B. in the penall Sum of 500 l. conditioned for the true performance of the Covenants Articles and agreements, in these presents contained on the part and behalf of him the said C. D. his Heirs Executors and Administrators, to be performed, and shall also procure five sufficient Sureties, before the 30 day of January next ensuing the date hereof, to become bound unto the said A. B. in the severall penall Sums of 100 l. a peice, with the like conditions as aforesaid.

Now the said C. B. is contented and pleased, and doth by these pre∣sents, for himself, his Heirs Executors Administrators and Assigns, co∣venant Promise and grant, to and with the said C. D. his Heirs Execu∣tors Administrators and Assigns by these presents, that he the said A. B. his Heirs Executors or Administrators or some, or one of them, shall and will within the space of one year next after the said C. D. his Heirs Executors or Administrators, shall deliver or cause to be deliver∣ed unto the said A. B. his Heirs Executors Administrators or Assigns, the said Quietus est before in these presents mentioned, the said A. B.

his Heirs Executors and Administrators, being first sufficiently and rea∣sonably discharged and saved harmlesse, of and from all the Payments, Penalties, Fines, Amerciaments, Damages, Dangers, and other Demands before in these presents mentioned, upon the reasonable request of the said C. D. his Heirs Executors or Administrators, shall deliver, or cause to be delivered up the said Obligations so to be made by the sureties of the said A. B. as aforesaid, to such Surety or Sureties respectively, and to their respective Heirs Executors or Administrators, to be cancelled: In witness wherof, &c:

An Indenture for building of a House, both Carpenters work and Bricklayers work.

THis Indenture &c. between T. A. of &c. and R. A. of the same Parish of B. on the one party, and T. A. of L. Skinner, on the other party, witnesseth, that the said T. and R. as well in consideration of the Sum of 20 s. of lawfull &c. to them in hand, before the ensealing and delivery hereof paid by the said T. A. as also in consideration of the * 1.88 Sum of 100 l. more of like money to be paid by the said T. A. his Exe∣cutors Administrators or Assigns, to the said T. A. and R. A. their Exe∣cutors Administrators or Assigns, in manner and form hereafter in these presents expressed, do covenant promise and grant, and either of them * 1.89 covenanteth promiseth and granteth for themselves, and for either of them, and for the Heirs Executors and Administrators of them, and of either of them, and for every of them, and with the said T. A. his Exe∣cutors Administrators and Assigns, and every of them by these presents, in manner and form following; That is to say, That they the said T: A. and R. A. their Executors Administrators and Assigns, at their own proper costs and charges, at or before the last day of March, next ensu∣ing the date hereof, in such place within the Parish of H. within the County of M. as the said T: A: hath already limited assigned or ap∣pointed, * 1.90 or he, his Executors Administrators or Assigns, shall limit assign or appoint, hereafter shall and will make, build, erect, set up, and perfectly finish, to and for the use and behoof of the said T. A. his Heirs Executors Administrators and Assigns, one new Frame, Edifice, Build∣ing, and House, and in the same all such severall Rooms, and other things, as hereafter in these presents are expressed; that is to say, One Hall, one Parlour, and one Kitchin in the first Story therof on the ground, and in the second Story therof two Chambers over the same Hall and Parlour, and one Chamber over the said Kitchin, and two Garrets in Stories over the said Story, and that the said Hall and Parlour shall contain in length, from outside to outside 28.

foot of assise, and in breath from outside to outside 16. foot of assise: * 1.91 And that the said Kitchin shall contain in length from outside to out∣side 16. foot of assise, and in breadth from outside to outside 16. foot of assise: And all the said first Story shall contain in height 9. foot of assise; and that all the said second Story shall contain in height 8. * 1.92 foot of assise, and that the said half Story shall contain in height 3. foot of assise, and that the said Chamber to be made over the said Hall shall be as near as may be equall in largnesse, length, and proportion to the same Hall, over and besides the Implements hereunder specified; And that the said Chamber to be made over the said Parlour, shall be as near as may be equall in largnesse, length, and proportion to the same Parlour, over and besides the Implements hereafter expressed. And that the said Chamber to be made over the said Kitchin, shall be also as neer as may be equall in largnesse, length and proportion to the same Kitchin over and besides the said Implements hereafter specified. And that the Garrets aforesaid; shall be as neer as may be equall in larg∣nesse, length and proportion to the said Chambers, over the which the * 1.93 same shall be made.

And that the said T: A: and R: A: their Executors Administrators and assigns, shall in the said severall Rooms, make all such Windows, clear Stories and other things as hereafter are expressed; That is to say, In the said Hall one fair Bay Window, as shall be most fair and propor∣tionable for the same Room and clear Stories, on either side of the said, by Window as shall fall out most conveniently for that Room, and in the said Parlour, two fair bay Windows, as shall be most fit for the same Room, and in such places therof as the said T: A: his Executors or As∣signs shall appoint, and in the said Kitchin one partition for a Butte∣ry and clear Stories for light, as shall be most meet for the same Kit∣chin and Buttery, and in the said two Chambers over the Hall and Parlour aforesaid, four fair bay Windows, as shall be most conveni∣ent for the same Chambers, and that in such severall paces therof, as the said T. A. his Executors or Assigns shall appoint; And two fair by-Windows in the said Chamber over the Kitchin as shall be most fit for the same Room and in the Garrets aforesaid fair Dormant Windows, and Lights in and upon the same, as shal be most fit for those Rooms, and in the Garrets aforesaid, fair Dormant Windows and Lights in and upon the same, as shall be most fit for those Rooms: And shall also * 1.94 make good meet and sufficient Court-houses & Perements to all the said Windows which shall be made in the said Hall, Parlour, and Kitchin, * 1.95 and in the said three Chambers over the said Hall, Parlour, and Kitchin. And also that they the said T. and R. their Executors Administrators and Assigns, shall make and board all the Floors of the said Hall, Par∣lour, Chambers, and Garrets, of and with good and seasonable narrow Deal Bords, or Oake. And shall also make one pair of Stairs,

and one stair close without the said house, which shall lead ascend and * 1.96 serve for passing unto all the chambers and Garrets afore-specified, and shall also make Rear and set up suff••ciently, between the said Hall and Parlour in convenient places, 4. new good strong and sufficient chimneys of Brick, with 4. parols of stone, which shall conveniently serve for the * 1.97 said Hall and Parlour, and the said two chambers over them, whereof the 2 chimnies for the said Hall and Parlour to contain five foot in widenes a peice on the inside of the same chimnies, and the other two chimnyes for the said chambers over the said Hall and Parlour, to be four foot and one half foot a peice in wideness, within the same chimnies, and shall also sufficiently make Rear and set up in the Kitchin aforesaid, one good strong and sufficient chimney of Brick, containing in widness se∣ven foot, and one mantle tree of wood for the same: And shall also make in the same Kitchin one fair Oven, the floor and forepart where∣of shall be of free stone, and shall also make and rear in the said cham∣ber over the said Kitchin, one other chimney of Brick-work with a Pa∣roll of stone thereto in the breast of that chimney, which shall ascend, out of the said Kitchin, and shall make and find all but ments meet for the said chimney.

And further that the said T. A. and R A their Executors and Assigns * 1.98 shall make a good and sufficient foundation of Brick, to and for the said new frame & house, which foundation shall be sixteen inches above the ground, and shall also sufficiently tile and cover all the said new frame and house with sufficient tiles, and make all Doors Walls Floors * 1.99 and partitions which shall be needfull meet or convenient in and about the said new frame and house, and that all the said walls shall be made on the inside with Lome, and on the outside with Lime and hair, and that all the Timber of the said new frame and house shall be covered on the outside with Lime and hair, and that the said Chambers over the said Hall Parlor and Kitchin, shal every way jut out forward and back∣ward by the space of 16 inches beyond the said severall Rooms under * 1.100 them, And that they the said T. A. and R. A. their Executors Admini∣strators and Assigns, shal make two seelings of Lime and hair, through all the first and second staires of the said new frame and house, and shal finde and provide all timber-stuff, workmanship and other things what∣soever, * 1.101 meet or needfull for the said premisses or any of them (all iron work, other then nailes only except) and that all the said frame building house Rooms Chimnies, and other things afore specified, shal be made of and with goodstrong seasonable and sufficient timber∣stuff, and shall be well and workmanly made and done, and shall be fully and perfectly finished, at or before the said last day of March next coming, for and in consideration of which said new frame and house, and of all other the premisses to he done performed and accom∣plished * 1.102 on the part and behalf of the said T. A. and R. A. their Exe∣cutors

Administrators and Assigns, in form aforesaid, the said T. A. for him his Executors Administrators and Assigns, and every of them doth covenant and grant to and with the said T. A. and R. A. and ei∣ther of them, and the Executors Administrators and Assigns of them & of either of them by these presents, that he the said T. A. his Executors Administrators or Assigns, at or before the said new frame and other the premisses, shall be made set up and accomplished in form aforesaid, shall pay or cause to be paid to the said T. A. and R. A. their Executors Administrators or Assigns for the making and accomplishing of all the said work and premisses as aforesaid, the summ of 100 l. of lawfull &c. whereof the said T. A. and his assigns, to have to his and their own use 57 l. and the said R. A. his Executors and Assigns, to have to his and their own use 43 l. In witnesse; &c.

An Indenture of Covenants where Carpenters have bargained to pluck down an old house and build a new by a day in a certain form prescribed.

THis Indenture &c. Between R. P. Cit. and Letherseller of L. on the one partie and T. P. and T. M. Cit. and Carpenters of L. on the other partie witnesseth that it is Covenanted Granted Bargain∣ted Concluded and agreed by and between the said parties in manner and form following that is to say, that the said T, and T, for them their Executors and Administrators and every of them do Covenant &c. in manner and form as hereafter in these presents from article to article doth insue and follow that is to say that the said T. and T. their Executors or Assigns at their own proper costs and charges before the sixth of March next &c. shall take down to ground all the timber * 1.103 and Carpenters worke of all that old frame of those tenements of the said R. in B. street in the parish &c; now in the occupation of the said P. containing in length from north to the south 50, foot or there a∣bouts, and then shall assigne the plat to the Bricklaiers for the found∣ation of a new building in the same place to be erected, & on the said * 1.104 plat at their said costs and charges shall before the sixth of June next &c. well and worke manly and of good sound and strong Timber of Ork competent and sufficient for such a building and of convenient scantling and in good proportion erect build and set up and fully finish * 1.105 one new frame intire and perfect in all things belonging to Carpenters worke of the length of 50. foot as aforesaid or their abouts as shall * 1.106 fitly and aptly supply the place wherein the said old frame doth stand and to be in height two stories and one garret with two floores of * 1.107 good and found somers and joists of Ork well framed and laid (boords

for the said floors onely to be found at the charges of the said R. his * 1.108 Executors Administrators) And the nether story of the said new frame to be in widnes from the outside plat to plat 17. foot and in height 9. foot or above and the 2. story to Jutty to the street one foot and eight inches and to be in widnes 18. foot and 8 inches and to be in height 8 foot and the nether story to be divided into an entry a kitchin and Hall a Buttery and a Parlour and the upper story into three chambers according to a plat which the said T. and T. have thereof delivered to the said R. drawn in paper and that their shall be in the said Hall-roome towards the street one bay window of eight foot broad of faire wrought marvills with a transent and of convenient heighth and one other like bay window in the same roome towards the West of six foot in breadth and a cleer story adjoyning to the north side of the said bay window towards the street and one other bay-win∣dow * 1.109 in the said parlour roome which faire wrought marvills and a transent towards the street to be eight foot broad and a cleer story with a transent in the west side of the same parlour roome of foure foot in breadth and also that the said T. and T. at their like charges as aforesaid shall make one staire to lead out of the said Hall roome into the story above with one cleer story of two foot and a half in the frame to give light to the same staire and another cleer * 1.110 story of two foot in breadth to give light to the buttry aforesaid and in the street side of the kitchin one cleer story with a transent of 9. foot in breadth and in the chamber over the kitchin on the street side one bay window with transent and wrought to be of six foot wide and a cleer story adjoyning to the north side thereof of foure foote * 1.111 wide and one other like cleer story on the west side of the same cham∣ber of foure foot wide and in the chamber over the hall towards the street one bay window &c. and in the chamber over the parlour 2. fair shutting windowes &c & it is bargained and agreed between the said parties for them their Executors and Administrators that the ground plats of the said frame to be newly built shall be eight inches thick or above and in breadth 9•• inches or above and all the principalls shall answer accordingly and that there shall be three dormants in the east * 1.112 side of the garret seiling directly over the bay windows of the second story containing eight foot in widnes apeece and the windowes in the said dormants to be foure foot wide apeece and also falling windowes to shut in the same and all the east side of the same new frame from the * 1.113 ground to the top of the dormants to be punchiond and space of good order and well framed and also the neither story of the said new build∣ing on the west side to be punchiond and space as aforesaid and all the said new frame duly to answer in all things to such a plot as aforesaid which the said T. and T. have already thereof delivered ready drawn to the said R. P. as aforesaid, all the partitions & doors to be necessary

into the said new frame likewise to be made and finished in the same by the said T. and T. or their Assigns at their own costs and charges a∣foresaid before the sixth of June next &c, for and in consideration of * 1.114 which said Bargaines Covenants Promisses Articles and Agreements of the part of the said T. and T. by them their Executors and Administ∣rators well and truly to be performed fulfilled and kept the said R. hath paid in hand to the said T. and T. at the ensealing * 1.115 hereof 25. pounds &c. of and for the which 25. pounds the said T. and T. doth release and acquit the said R. and his Executors by these presents and the said R. P. for him &c. doth Covenant &c. to pay moreover the said T. and T. their executors or administrators other 2••l. in forme &c. that is to say at the first erecting of the said new frame 12. pounds 10. shillings and at the cleer finishing of the premisses other 12, pounds 10, shillings the full and cleer agreement for the bargaine above specified. Saving onely that is agreed between the said parties that if the said T. and T, or the survivor of them wil upon their * 1.116 Faith and consciences say and affirm at the clear finishing of the pre∣misses in form aforesaid, that they then are losers by the said Bargain, that then upon such saying and affirmation of the said T. and T. or of the Survivor of them, he the said R. P. his Executors or Administra∣tors, upon reasonable request therfore made, shall and will freely give to the said T. and T. or to the Survivor of them, the sum of 4 l. of &c. as of the clear gift and free good will of the said R.

And the said T. and T. covenanteth &c. That they the said T and T. or the Survivor of them, shall begin to erect and set up the said new frame, at or before the last of April next &c. without fraud or fur∣ther delay: In witness &c.

Articles of agreement amongst Creditors for levying their debts due by their Debtor.

ARticles Tripartite Indented of Agreements made and agree∣ed upon the 16^th. day of March in the 23. year &c. Be∣tween the Creditors of M. F. late Citizen and Mercer of L. deceased, whose names together with their debts to them se∣verally owing by the said M. are specified in a severall Schedule to every part of these presents severally annexed on the first part, and A. M. Citizen and Mercer of L. a Creditor also of the said M. on the second part, and E: F: of L. Widow, late wife of the said M. F. on the third part in manner and form follow∣ing, That is to say;

• 1. First the said Creditors, and every of them have agreed, and by these presents do agree to and with the said A. M. and E. F. that the

• said A: shall and may have and take the Administration of all the Goods, Chattels and Credits which were of the said M. F. deceased, according to the Ecclesiastical Laws of this Realm, therof to dispose and Administer according to the tenure of these present Articles and not otherwise.
• 2. Item. That in consideration of such Paines as the said A. shall take about the said Administration, upon his true and reasonable ac∣count therof making before such Auditors as the said Creditors, or the more part of them shall assign to take the said account, shall have al∣lowance of all his reasonable costs and charges, as well by Suits of Law as otherwise by him to be defraied about the said Administration, and moreover 4 d. of every 20 s. in value wherof he shall Administer; and also that the said A. at every Dividend making shall and may retain for his own debt to him owing by the said M. F. such rate and portion according to the quantity of his debt, as he shall divide and pay to the other Creditors according to the quantity of their debts seve∣rally.
• 3. Item. Whereas there are two several Recognisances of 400 l. a peece wherin the said M. and others for the only debts of the said M. did stand bound to W. L. alias I. deceased, for payment of 600 l. and one other Recognisance wherin the said M: stood bound to Sir L. D. Knight and Alderman of L. for discharging of 200 l. That first before any Dividend making, and so soon as money may and shall be made of the goods, chattels & debts, of the said M. F. deceased to be Ad∣ministred, the said A. M. shall pay to the Administrators of the said W. L. towards the satisfaction of the said 600 l. two shillings of e∣very pound therof, that is to say 60 l. and to the said Sir L. towards the satisfaction of the said 200 l. 2 s. of every therof, that is, 20 l. over and above their several portions upon the Dividend to be had, with the several Creditors aforesaid.
• 4 Item. That the said A. shall likewise before any Dividend pay to the said E: F: for satisfaction of her Title of Dower in the late Mansi∣on House of the said M: F. scituate in St. L. Lane in L. 40 l. or so much Stuff to that value, and for the Funeral charges of the said M: 38 l. 12 s. 6 d. and also shall deliver to the said E. to her own use, or suffer her to detaine and keep to her own use and behoof all her Apparrel and Ornaments belonging to her body, and such other things as she and the Creditors have agreed, as may appear by Writing under their Hands.
• 5. Item. That before any Dividend, the said Creditors or some of them, with the said A: M: do pay, or take order with Master C. for the debt to him owing by the said M: F: for the duty of the Kings Majesties Custome.
• 6. Item. That the said A: so soon as reasonably may be, after the

• Letters of the said Administration to him had, with and by the con∣sent, and in the presence and oversight of W: S: Haberdasher, H: R: Mercer, ••. C. Haberdasher, and R: B. Marchantaylor, or three of them shall cause all the goods, chattels and debts within the Realm of Eng∣land which were of the said M. at his decease to be veiwed, cast and prised by indifferent persons, and a true Inventory therof to be made according to the usual Custome, in such cases used in the City of London.
• 7. Item. The said E. for her part shall and will use all her best in∣deavor to the revealing of all and singular the Goods, Chattels, and Debts of the said M. to the said A. M. and the other persons afore∣said without any default or delay on her behalf.
• 8. Item. That after the said Goods, Chattels and Credits of the said M. shall be so viewed, cast and praised, and an Inventory therof made as aforesaid, and by the first five Articles of these presents consi∣dered of, and provided for, according to the true meaning therof: That then as well first to the satisfying of the Contents of the said five Arti∣cles, and the Contents of every of them, as then afterward towards the equal payment of all the said Creditors, the said A. shall by the con∣sent and oversight of the said W: S: H. R: I: C: and R: B: or any two of them, make such speedy sale to the best value of all the Goods and Chattels which were of the said M. within the Realm of England other then of such as be appointed for the said E. as aforesaid, and make such speed to gather in, and get such debts as were owing to the said M. as he reasonably can or may do, and then the Contents of the first five Articles first provided unto, and satisfied, according to the true meaning of the same, shall from time to time proportion and di∣vide all the rest that shall be come to his hands at any time, of the Goods, Chattels and Debts of the said M: unto every of his said Creditors rate and rate-like according to the quantity of their several debts, and upon reasonable request and proof of their several reasona∣ble acquittances for their particular Receits, shall and will make to e∣very of them undelaied payment accordingly from time to time as often as he the said A. shall have any thing wherof such Dividend may be made, till all the said Credirors shall be paid and satisfied of their said debts, if the Goods, Chattels and Debts of the said M. will so farr extend.
• 9. Item. It is agreed that the said H: R. shal enjoy all such goods and debts which were of the said M. F. and w^ch the said H. hath now attach∣ed beyond the seas, the same to be towards the payment of such debts, as the said M: did owe there to be paid to the said H: & therof the said H. so soon as may be, to shew the account to the said A. M: and six, four or three of the said Creditors at the least, and if more be recovered be∣yond the seas by the said H. of the goods or debts of the said M. then

• the debt which the said M. did owe, to be paid there to the said H: that then he will accept the overplus in part of payment of his debt in Eng∣land, and remain Creditor here in England for so much the less to charge the Administrator of the said M▪ F.
• 10. Item. That none of the parties aforesaid shall or will do or pro∣cure any thing to be done by any Suit, Action or Attachment against the said Administrator, or any other within the Realm of England, whereby the performance of these agreements shall or may in any part be impeached, Troubled, Let, or Hindred, and that every of them shall dissolve and relinquish all and every former Suits and Attachments whatsoever had or made, which shall or may let or prejudice the true fulfilling of the said Agreements contained in these presents, or any of them.
• 11. Item. The said A: M: doth agree to take upon him the said Ad∣ministration, and therof to Administer truly and faithfully according to these present Articles. And that if there shall come sufficient to his Hands to satisfie all the Creditors of the said M: F: that then if a∣ny thing shall remain to him moreover and above this Agreement, that then upon reasonable request and discharge therof to him given, he will truly yeild all that so remayning moreover unto the said E: F: for her own use, the said E: F: upon the receipt therof putting in reason∣able Surety to the said Administrator with her own Bond to repay the same, or so much therof as shall be lawfully and truly recovered by any other Creditor of the said M.
• 12. Item. If any other Creditor or Creditors of the said M. F: not party to these Articles of Agreement, do at any time Commence any Action or Suit against the said A: M: as Administrator of the Goods and Chattels of the said M: F: and that the said Creditor or Creditors shall therby lawfully without practice, fraud or covin, recover any of their debts against the said Administrator. Then it is further agreed, that if the Creditors aforesaid, parties to these presents, whose debts by reason and means of this Agreement shall be in part paid accord∣ingly shall then out of their several Dividends, allow, satisfie and pay part and part-like unto the said A: M: so much of their parts, pur∣part and proportion as shall be received upon this Agreement, to sa∣ti••fie and discharge the said debt, damages and costs therof, so to be lawfully recovered whatsoever the said A, contributing according to his rate toward the same.
• 13. Item. It is further agreed, that if any other the Creditors of the said M: F: not party to this Agreement, do Commence any Suit or Suite against the said Administrator, then the said Administrator shall therof give notice and Certificate unto the said Creditors parties to this present Agreement, or to two of them at the least, to the end they may joyn with the said A. in defence of the said Suit

• whatsoever for the best and common commodity of all the said Credi∣tors.

All and singular which agreements aforesaid, and every article and clause thereof, every one of the parties aforesaid on their severall behalfs, as far as in them reasonably shall be for them and their severall executors and administrators, do covenant grant and promise to and with all and every other of the parties aforesaid, and their severall Exe∣cutors and administrators, well and faithfully to hold, do accomplish & perform without any fraud or deceit. In witness whereof to one part of these presents remaining towards the said Creditors, the said A. M. and E. F. have set their seals, and to the second part thereof remaining with the said E: F: the said Creditors, and the said A: M: have, &c: And to the third parts, &c: The said Creditors, and E. F: &c.

Articles of Agreement between Debtors and their Creditors, about Composition for Debts.

ARticles of Agreement indented had and made the sixteenth day of December, &c. Between G: H. of the City of B. Mar∣chant, and H. I. partner with the said G. in their Trade and Traffique on the one party, and all those their Creditors Inhabi∣tants of the City of L. who have subscribed their names to these presents on the other party, for and touching the severall Debts which the said G. and H. or either of them do owe unto their said Creditors, or to any of them, as hereafter in these presents is particularly expressed and declared, viz.

FIrst where the said G. H. hath constantly affirmed and alleadged un∣to the said Creditors, that the said G: and H: have lately lost in their said Trade and Traffique to the value of 3629 l. 15 s. 4 d. and have shewed forth particulars thereof in writing with further affirma∣tion also, that their Creditors in the North parts of this Realm, al∣ready have agreed, and those their Creditors of the West parts, will also immediatly conclude and agree with them for all their Debts in like form and manner to the agreement made by these presents, upon and under condition, that the Affirmations and Allegations aforesaid, shal be found to be true and in no part fained and untrue: All the said Creditors of the City of L: and every of them severally, have agreed to accept and take only after the Rate of 10 s. upon every pound of the severall Debts to them severally owing by the said G: and H: to be paid to them in form following, viz: One third part thereof the six

and twentieth of January, which shall be in the year of our Lord God according to the computation, &c: The second third part thereof on the twenty sixth of January, &c: and the last third part thereof on the twenty sixth of January, &c:

Item, the said G: and H: have promised and agreed to and with the said Creditors, parties to these presents, and to and with every of them, that they the said G: and H: before the last day of January next coming, shall make seal and deliver to every of the same their Credi∣tors of L: severall bonds by their lawfull and sufficient Obligations, with penalties of double the value of their severall Debts, according to this present agreement, to be paid in manner and form aforesaid, and that every of the said Bonds, and the Conditions of the same, shall be to such effect in Law, that upon default of any of the severall payments therein to be mentioned, or of any part thereof, the same Ob∣ligation shall become forfeit.

And further the said G. and H: have agreed and promised that they nor either of them shall at any time before full payment had and made of all their Debts, according to their Agreement made by these pre∣sents, sue or procure, receive or put in practise any manner protection prohibition, stay or defence, which shall bar prejudice or hinder the said Creditors or any of them, to have recover or receive, their severall Debts according to this agreement, and the severall penalties of the se∣verall Bonds to be made as aforesaid, if they or any of them shall for∣tune to be forfeit as well against the said G: and H: as also against their Heirs Executors and Administrators.

Item, The laid G: and H. have further promised and agreed, that they nor either of them shall depart this Realm, nor in any place with∣in this Realm, conceal or keep themselves secret, or use the defence of any priviledged place, against their said Creditors of the City of L: or any of them, but from time to time shall be ready upon Request or other notice, to yeild their bodies to their said Creditors, or any of them untill they shall have duly paid and contented to them and every of them their severall Debts to them severally growing, payable by force of this agreement. And that for the performance of this article the said G, and H: before the second day of February next coming shall become bound to the same their Creditors, with sufficient Sure∣ties with them of &c: by their lawfull and sufficient Writing Obliga∣tory to the said creditors or some of them, before the said second day of February, whole and safe to be delivered.

Item The said creditors of the city of L: have agreed severally every one for his own part, that the said G. and H: and their Executors from the sealing and delivery of these new Bonds by them severally to be sealed and delivered as aforesaid, shall stand acquitted and discharged against every such creditor upon his Receipt of the new Bond, of and

for all the old debt to him due by the said G. and H: or either of them, and that then every of the same creditors so receiving such new bond, shall deliver to the said G or H all such old Bonds as they now have of the said G and H or either of them to be cancelled, and also that the said creditors or any of them in the mean time, shall not between this and the said second day of February, sue vex or molest in the Law, the said G: & H: or either of them:

Item, For and in consideration of so great pity and favour by the said Creditors, extended towards the sayd G: and H: in the premisses, they the said G. and H: and every of them have agreed and promised for themselves their Executors and Admini∣strators, that if ever hereafter it shall please God to make them able thereunto, that they will make full Recompence to all and every their said creditors, of and for so much of their severall Debts aforesaid, as now by force of this agreement, and tenor of these presents do stand to them acquitted and discharged.

And finally, as well the said creditors of the City of L. parties to these presents, as also the said G. and H. for themselves their Heirs Ex∣ecutors and administrators, and every of them, have agreed and pro∣mised together every of them severally for his own part one to another, that they and every of them his heirs executors and administrators for his own part, so far as toucheth and concerneth the same, shall and will truly and uprightly perform fulfill and accomplish the agreements promises and conclusions specified in these presents, according to the true meaning hereof without any manner of Fraud or covin.

In witness whereof to one part of these presents, remaining with the said G. and H. the said Creditors of the City of L. so many as hath a∣greed to the premisses, that is to say, F. B. and A. N. Citizens and Al∣dermen of L. Dame I. W. of L. widdow. A. G. Citizen and Ironmon∣ger, of L. W. R. C. H. &c. citizens and Marchant-Taylors of L. R. H. and T: B. citizens and cloathworkers of L. F. H. and I. R. citizens and Dra∣pers of L. and G. H. of the same city Salter, have severally subscribed their names and set their seals, and to the other part of these presents, with the same Creditors remaining, the said G: and H. have set their Seals: Given, &c.

An Indenture where a Citizen of London dyeth, having divers Debts owing him beyond the Sea, his Executor covenanteth with his wife (who is to have a third part thereof) to set his Factor to gather them in, and alwayes as they shall be gotten, to answer the woman her part accordingly.

THis Indenture, &c. between A. C. of L: Widow, late the Wife of J. C. Citizen and Iron-monger of L: deceased on the one party, and H. S. Executor of the last Will and Testament of the said I. C. on the other party, witnesseth, That where there are Debts which were owing to the said I C at the time of his decease, & payable at of Hamburgh. in the parts beyond the Sea in Flemish money, amounting to the sum of 1879 l. and 4 s. of that money, which is all grown due to have been paid before this time, whereof one full third part, that is to say 626l 8 d. Flemish, by the custome of this City of L. doth belong and ap∣pertain to the said A. It is now covenanted concluded and agreed be∣tween the said A. on the one party, and the said H. S. on the other par∣ty, for themselves their Executors and Administrators, Factors De∣puties and Attorneys in manner and form following, that is to say, That the said summ of 1879 l. 4 s. Flemish, shall be set down and ra∣ted in the Inventary to be made here in England, of his Goods Chat∣tells and Debts, at 24 s. Flemish, to every pound English. In consi∣deration whereof, the said H. S. doth covenant and promise to give present and direct order, to T. B. who hath now the doing of the bu∣siness of the said A. at Hamburgh aforesaid, to collect and gather in the said money there payable with all expedition, and that upon re∣quest, the said T B, shall weekly from week to week, declare and give true Report to such person or persons, as the said A. shall appoint to require the same, how much of the same debt he hath received the week before, or otherwise at any time and the day of the Receit there∣of, and of whom the same and every part thereof was received, and what there doth remain thereof unpaid, to the intent the same A. may have plain understanding to require her just part thereof, to her due as aforesaid.

And further that he the said H. S. his Executors Administrators A∣gents Deputies, or Attorneys shall from time to time upon every parti∣cular Receit of the said Debt 1879 l. 4 s. Flemish, or any part thereof, content or pay, or cause to be contented and paid to the said A. her Executors or Administrators, here in this City of L. at her dwelling house, her full third part of all & every such sum or summs so received

as aforesaid, within two months next after any severall Receipt of the same in lawfull English money; That is to say, For every 23 s. 8 d. Flemish, 20 s. English: Provided alwaies, and yet neverthelesse it is further covenanted and agreed between the said parties, that if at a∣ny time after the expiration of two months next following, from the date of these presents, the said A. C: shall lawfully constitute and ap∣point her Attorney for her and in her name, to take and receive of the said T. B. or of any other Deputy or Attorney, to remain for the said H: at H: aforesaid, the residue of such part of the said Debts as then shall be due and remain unpaid to the said A: or for her use, that then the said T: B: or other said Deputy or Attorney of the said H: shall upon reasonable request to be made by the said Attorney of the said A. well and truly content and pay to the same Attorney, for the use of the same A. all the said residue of her part aforesaid, of the said Debts in Flemish money there in H. from time as it shall be received, without fraud or covin: In witness &c.

An Indenture between the Overseers of a Will, and one that marri∣eth the Wife, and Executrix of the deceased, concerning the Childrens Portions.

THis Indenture &c. between I. C. Minister of the French Church, and L. H. of L. Stationer, Overseers of the Testament of G G. deceased, on the one party, and I. de H. of L. Hat-maker, on the other party, witnesseth, That where the said G. on the 25th day of June, in the se∣venth year of the Raign &c. did make and declare his last Will and Te∣stament in Writing, and therby amongst other things after his Debts, Funerals, and Legacies paid, did give the one Moyety of all his Goods, as well on this side as beyond the Seas, to his Son I. (who is now de∣ceased) and to the Child which his wife then went with (who now is living, and is named E.) willing that if one of those Children did de∣cease, that then the other should inherit the part and portion of the so deceasing; willing moreover, that if his wife should marry again, that then the Childrens Portions should be at the disposition of the Over∣seers; And that if both his Children should decease, that his wife should have all, and that she should shew her self pitifull to the Poor of the French Church, as by the said Testament amongst other things will appear.

And now for and in consideration of Marriage to be had and solem∣nized between the said I. de H. and E. G. late the wife of the said G: G: and Executrix of his last Testament aforesaid, and for the faithfull per∣formance

of the said Testament of the said G. duly to be performed, according to the tenor and effect therof.

The said I. de H: for him &c. covenanteth &c. to and with the said I: C: and L: H: their Executors and Administrators, and every of them by these presents, That he the said I. de H. at or before the 29. of Sep: now next coming, shall well and truly deliver, or cause &c. into the Ordinaries Court (where of right it belongeth) a true and faithfull Inventory of all the Goods, Chattels, and Debts what∣soever, and whersoever that were of the said G: or to him were ow∣ing at the time of his decease: And also a true Copy of the said In∣ventory, to the said I: C. and L: H: before the same day, plainly and legibly written.

And that he the said I: his Executors or Administrators, shall and will well and truly pay, or cause &c. to the said E: Daughter of the said G: and of the said E. his wife, in good and lawfull money of Eng: at the day of her Marriage, or of the age of 21. years, first hapning, or sooner, to any other person or persons for her use, and to such further use as is appointed by the Testament of the said G: if the said I: C: and L: H: shall think it so meet, and so assign and appoint the full Moyety, and one half of the full value of all the said Goods and Chat∣tels which were of the said G: (the Debts by him owing, and the char∣ges of his Funerall, and his Legacies given by him in his said Testa∣ment, first being deducted and abated from all the whole Goods which were of the said G. And that if it do fortune the said I: de H: to de∣cease, and the said E. the Mother him to survive; That then he the same I: shall leave to the said E: the Mother, so much in Goods Chat∣tels and read money, of the proper Goods of the same I. de H. which shall come to the hands, custody, use, and free enjoying of the said E: to her own use and commodity, as by the least shall amount and come to the value of one full Moyety, of all the said Goods and Chattells which were of the said G: her late Husband. And if it do fortune the said E: the Mother to decease, leaving no more or other Children of her body begotten, then only the said E: her Daughter, that then the said I: his Executors or Administrators shall further yeild and deliver to be paid to the same E: the Daughter, at the said time of her Marri∣age, or age of 21. years first hapning, 20 l. of &c. over and above her part and portion aforesaid, and then immediately upon the decease of the said E: the Mother, or within six months after the same decease, shall deliver and bestow the same E: the Daughter, and all her said part and portion, where the said I: and L: or the Survivor of them, or their Executors shall appoint and think convenient: And that then also the said I: his Executors or Administrators, shall moreover give and pay unto A: B: &c. Sister of the said E: the Mother, of the same A.

be then living 10 l. of &c. and other 10 l. to &c. if the same &c. be then living: And that if it do fortune the said E. the Daughter to decease, and the said I. de H. and the said E. his wife her to survive, that then the said I. de H. or the said E. his wife, or their Assigns, shall within &c. next following the decease of the said E. the Daughter, give and pay to and amongst the poor people of the French Church of Lon. 20. Marks of &c. And also that if it do fortune both the said E. the Mother, and E. the Daughter to decease, and the said I: de H: them to survive, that then he the said &c. shall and will give and pay unto &c. and unto &c. In witness &c.

An Indenture of Covenants amongst three persons having a Lease, that every of them shall bear a third part of Rent and all Charges. &c.

THis Indenture tripartite made &c. between P. C: Citizen and Skinner of L: on the first party, and T: L: Citizen and Merchant-Taylor of L: on the second party, and T: R: Citizen and Skinner of L. on the third party, witnesseth, That wheras the said parties are and stand possessed of and in the Messuage, Inne, and Tenement called the Ship, scituate and being in the Parish of St. C. nigh the Temple-Bar, in the County of M: and of and in all and singular Houses Buildings Shops Cellars wast Grounds Entries Issues Waies and other Commo∣dities, Rents and Profits to the same belonging: That is to say, E∣very of them, of a full third part of all and singular the Premisses, into 3. equall and even portions ro be divided, for and during the several terms hereafter mentioned; That is to say, For and during the term of 13. years mentioned and granted in and by a certain Indenture of Lease, dated &c. made by one M: M: Widow to the said P: C. of and touch∣ing the Premisses, which term did commence at the Feast of Christmas &c. then last past, before the date of the said term, and for and during the term of thirty years, mentioned and granted in and by the Let∣ters Patents of our said Soveraign Lord the Kings Majesty, under his Highnesse great Seal of England, dated &c. granted by our said Sove∣raign the Kings Majesty, to C: H: Esquire, of and in the Premisses, as by the said Indenture of Lease, and Letters Patents aforesaid, and sundry other Conveyances thereupon had and made, more at large it doth and may appear.

It is now covenanted granted concluded and agreed by and between the said parties, and every of them, and every of them severally by him∣self and for himself, his Executors, Administrators and Assigns, doth covenant and grant, to and with each other of them, his Executors, Administrators and Assigns, by these presents, That they and every of

them for himself, and the Executors Administrators and Assigns of every of them, for his their and every of their parts, shall not only well and truly content and pay, or cause &c. the full third part and porti∣on of all and singular such yearly Rents, as are reserved in and by the said Indenture of Lease, and Letters Patents aforesaid, or either of them, at the daies times and places limited and appointed for the payment therof, and that from time to time, for and during the said severall E∣states and terms of years before mentioned; But also shall at all times hereafter, and from time to time, for and during all the terms afore∣said, pay bear, allow, and disburse every one of them, the full third part and portion of all such Sum and Sums of money, and other charges whatsoever, as shall grow due or payable, or shall be convenient or necessary to be born or paid, for the reparations of the Premisses, or for recovery or defence of the Title therof, or of any parcell therof. And also shal condescend and agree to all and every such Actions Suits, and other Act and Acts which shall be necessary or conuenient to be attempted prosecuted or done, for touching or concerning the Premis∣ses, or any part or parcell therof, tending to the profit or benefit of the said parties: And shall not do procure or cause to be done, any act or acts, thing or things, wherby or by reason wherof, the Estate Inte∣rest Title or Term of years, of the said other parties, or any of them, of and in the Premisses, or any percell, shall or in any wise may be impaired, hindred, determined, avoided, or forfeited, except it be by and with the consent and agreement of each other of them, in that be∣half first had and obtained in Writing, under his or their hands and Seals: In witness &c.

An Indenture of Covenants, where five persons have laid out a summ of money upon a Lease in Mortgage; That every of them shall have equal and rateable benefit in the Lease &c.

THis Indenture quinque-partite made &c. between W: D: of L: Al∣derman, on the first party M: C: of L: aforesaid Alderman, on the second party, A: S: of L: aforesaid Mercer, on the third party, T: A: of L: aforesaid on the fourth party, and W: G: of L: aforesaid Iron-Monger, on the fifth party, witnesseth, That wheras the Right Honou∣rable H. Earl of H: by his Indenture of Lease, dated 21. July, now last past, for and in consideration of making assurance to the parties afore∣said, their Executors and Assigns, for the payment of 6000 l. of &c. to them to be paid at any time, within six years next after the date of the same Indenture of Lease, hath demised, granted, and to Farm-letten

unto the said parties, all that his Mannor and Lorship of A. alias A: in the County of A: with all and singular the appurtenances, and all Lands Tenements Rents Reversions Services and Hereditaments what∣soever, to the said Mannor belonging or appurtaining, or occupied, used, demised or leased, as part parcell or member of the same, or repu∣ted, taken, counted, or known, as any part or member therof: To have and to hold the said Mannor &c. unto the parties aforesaid, their Exe∣cutors and Assigns, from the day of the date of the said Indenture of Lease, for and during the term of 100. years, without any manner of Rent therfore paying, under the condition in the said Indenture men∣tioned and declared, which is for the sure payment of the said Sum of 6000 l. to the parties aforesaid, their Executors or Administrators to be paid, as by the said former Indenture plainly and at large may and will appear.

And wheras the said Sum of 6000 l. is not yet fully paid by the said parties to the said Earl, or his Deputy or Deputies, in his name to his Lordships use, as he shall have need therof, or of any part therof, either of the said parties themselves, or some of them, or else of some other un∣to whom the said parties, or some of them shall become bound for the payment therof.

Now to the intent it may alwaies appear, what and how much the said Earl, or any for him, or in his name heretofore hath had or recei∣ved, or hereafter shall have or receive of the said Summ of 6000 l. at the hands of the parties aforesaid, or any of them; They the said par∣ties have accorded with the said Earl, to make a severall Roll indented betwixt every of the said parties solely by himself, on the one party, and C: S: Gentleman, Servant of the said Earl, and now Agent of his businesse here in L. on the other party. In which severall Rolls shall be severally expressed, all such Summ and Summs of money, as such par∣ty keeping such Roll hath lent, delivered, or been bound for, or here∣after shall lend &c. in the behalf of the said Earl, as shall be otherwise payable by the said Earl, to such party to such Roll as aforesaid. And to the intent that the said parties amongst them all, shall not defraud or charge themselves for the said Earl, upon the assurance of the Lease aforesaid, with any more money or further then the said 6000 l. shall suffice to satisfie all and every the said parties, their Executors and Administrators, as well for the principall Debts and Bonds by them made or to be made as aforesaid: As also for all Interests for the for∣bearing of any the Summ or Summs of money aforesaid, the said parties and every of them, for himself, his Executors Administrators and Assigns, doth covenant and grant, to and with all and every the; other of the said part••es, and their severall Executors and Administrators, in manner and form following, That is to say, That every of them for his severall party, upon every reasonable request and requests of any

other of the said parties, his Executors Administrators or Assigns, shall and will shew forth to the partie, his Executors Administrators or As∣signs, making such request his part of the Roll indented aforesaid, so as he or they making such request may see, peruse and read the Contents therof. And that none of the parties aforesaid shall defray upon the Assurance of the said Lease for his one several part above the summ of 1000 l. until he shall first have made the said other parties privy therof. And also they the said parties or any of them, or their several Execu∣tors or Administrators shall not make any Surrender of the said Lease, * 1.117 or any Release, Acquittance or other discharge, of, or for the said summ of 6000 l. or any part therof, or knowledge ony Receipt therof, or of any part therof, in or to the avoiding or determining of the said Lease without the joynt assent and consent, in and by Writing of all the o∣ther parties their Executors Administrators or Assigns.

And also that if any of the said parties do happen to decease before he shall be fully and truly paid and satisfied by the said Earl, h••s Heirs Ex∣ecutors, Administrators or Assigns, of and for all and every summ and summs of money to be contained and expressed in his part of such Roll indented as aforesaid towatds him the same party remaining, That then the Survivors, and the Survivor of all the said parties! his Execu∣tors Administrators and Assigns, shall assent, agree, and suffer, that the Executors and Administrators of every such patty so deceasing ha∣ving any summ or summs of money unpaid and expressed in such his part of such Roll Indented with him remaining as aforesaid shall and may have and enjoy, such Benefit, Advantage and Commodity, of and by the said Lease, and the Mannor and Lordship, Lands, Tene∣ments, and Hereditaments with their appurtenances therby demised as aforesaid, as the said party so deceasing should and might, or in right and equity ought to have had or taken therof or therby, if all the said parties should have lived together, and they, and any of them had made no manner of Grant, Alienation or Encumbrance of the Pre∣misses ot any part therof: And finally every party of the parties afore∣said, for himself &c. doth Covenant &c. to, and with &c. Ʋt pre antea * 1.118 Convent. est. That they the said parties nor any of them their Exe∣cutors, Administrators or Assigns, shall do, knowledge or consent un∣to, or cause to be done, knowledged or consented unto any act or acts thing or things, which shall or may hinder, barr or prejudice the other parties, or any of them, or their several Executors or Administra∣tors from the Premisses or any part therof which they or any of them in equity and conscience might or ought to have, to all and eve∣ry which said Covenants, Articles and Agreements aforesaid on the * 1.119 several behalfs of every of the said parties his Executors and Admi∣nistrators truly to be kept with every other of the same parties their several Executors and Administrators of every of the same Par∣ties,

doth bind himself unto every other of the said parties in the summ of 2000. Marks of &c. by every other of the said parties, by their Executors and Administrators severally to be had and recovered a∣gainst him of the said parties aforesaid, his Executors and Administra∣tors, which for and on his or their own part shall make default to per∣form the Covenants, Articles and Agreements aforesaid, or any of them according to the intent and true meaning of these Presents. In witness, &c.

An Indenture where one having taken a Lease of a Shop, and bought a stock of Wares therin upon Credit, for which Wares A. B. giveth his Bond; the Buyer for A: B: his Indemnity As∣signeth him the Lease, and entreth Covenant, that if he himself make default in payment A. B. shall enter into the Shop and seise all the Wares for payment of the Debt.

THis Indent. &c. between T: C: and W: C: Citizens and Haberdashers of L. on the one part and I. C: Cit. &c. on the other part witnes∣seth, that wheras W: S: Merchantaylor of L. by his Indenture of Lease, * 1.120 bearing date &c. Hath Demised &c. unto the said T. and W: C: all that Shop with a little Yard, and two Warehouses lying behind the same, late in the Occupation of R. N. Leatherseller, and now in the te∣nure of the said T. and W. which have been parcels of the now Mansion or Dwelling House of the said W. S. set, lying and being in W. alias C. in the Parish of A. within the City of L. together with certain Imple∣ments, Ware-chest, Shelves and leaden Weights at this present remain∣ing within the aforesaid Shop and Warehouses particularly expressed and mentioned in a Schedule indented to the said former Indenture an∣nexed, except as in the said former Indenture is excepted, To have and * 1.121 to hold the said Shop, little Yard, Warehouses and Implements, except before excepted, unto the said T: and W: their Executors and Assigns, from the day of the date of the said former Indenture unto the last day of December, then and now next comming; and from the same last day of December unto the end and term of four years from thence &c.

And whereas also the said W. by the said former Indenture hath * 1.122 bargained and fold to the said T. and W. a stock of Haberdashers wares amounting to the valve of two hundred pounds for and in con∣sideration whereof and of the demise aforesaid and other things in the said former Indenture specified the said T. and W. C. have by the same Indenture Covenanted and granted to pay to the said W. S. and his Executors divers summs of lawfull &c. at divers severall dayes yet to come at the said mansion house of the said W. that is to say on the

last day of December now next coming seven pounds and yerely * 1.123 after the same last day of December during foure yeers from thence-next following for the rent of the premisses demised by the said for∣mer Indenture 42 l. of &c. on the feast dayes of the Annunciation, &c. or on the 20^th. day alwaies next and immediatly insuing every of of the feast dayes aforesaid by even portions and in full recompence satisfaction and payment of and for all the said stock of wares 200 l. of &c. in manner and forme following &c. as by the said former In∣denture containing divers other Covenants and articles more at large will appear and whereas the said I. C. at the speciall and earnest request of the said T. and W. with them by one obligation bearing date as the said former Indenture is become joyntly and severally bound to the said W. S. in the summ of &c. of lawfull &c. for the performing fulfil∣ling and observing of all and singular Covenants Grants Articles and payments mentioned in the said former Indenture for or on the part of of the said T. and W. their Executors and Administrators to be ob∣served performed or fulfilled as by the same obligation and condition thereof more plainly may and will appeare, now the said T. and W. for and towards the indemnity and cleer keeping harmles of the said I C his heirs executors administrators & evry of them of & for the said obligation and of and from all Demands Costs Leases Damages and troubles thereby or thereof to grow or a rise to or against them or any of them by reason or meanes of the said Obligation, have given gran∣ted aliened bargained and sold and by &c. do give &c, unto the said I. C. and his Assigns for their own use all the Estate Right Title and Interest whatsoever which they the said T. and W. C. have or either of them hath of in and to the said shop &c. in as large and ample manner as they the same had of the demise of the said W. S. as above in these presents is recited together with the said former In∣denture containing the same demise and the said T. and W. Covenant &c. in former &c. that they the said T. and W. their Executors and Administrators shall and will from time to time truly pay or cause &c. to the said W. S. his &c. all and singular the said sumes of money at the place day and time wherein the same shall be severally payable in man∣ner and forme above recited without any default to be made of or in payment of any of the same summes of money or of any part thereof contrary to the tenor and effect of the said former Indenture and that the said I. C. his Ex ecutors and dministrators shall and may lawfully and quietly from time to time from henceforth till the end of the said four yeers enter into the said shop yard and warehouses see to and per∣use all the wares in the same and that as often as the said I. C. his Ex∣ecutors or Administrators shall make request therefore at the said shop the said T. and W. or the survivor of them shall shew and mani∣fest to the said I. C. their whose estate & all their bookes of accounts without any fraud or covin and that if the said T. and W C. their

Executors and Administrators shall make default in payment of any payment aforesaid or of any part therof to the said W. S. his Executors &c: when the same shall be due or if upon view of the estate and ac∣compts of the said T. & W. or of the survivor of them it shal appear that they or the survivor of them shall be insufficient to observe and keep their payments then behind to the said W. and his Executors that then it shall and may be lawfull to the said I. his Executors and Ad∣ministrators to enter into and possess the said shop yard warehouses implements warechests and weights and to seise and possess all the stock of wares in the said shop and warehouses then to be found for and towards the satisfaction of such of the summs of money aforesaid as then shall remaine unpaid to the said W. S. his Executors and Ad∣ministrators without any let resistance fraud decept or covin therein to be don or used to the contrary by the said T. and W. or either of them their Executors Administrators or any of them and if the said T. and W. their Heirs Executors and Administrators and every of them for his and their part shall hold keep and fullfil towards the said I. C. his Ex∣ecutors Administrators all and singular Covenants Grants Articles and Agreements abovesaid on their or any of their parts to be holden kept or perfomed according to the tenor and and true intent of these presents the said I. C. Covenanteth &c. to and with &c: that then one single obligation of o o o of the date of these Indentures wherein the said T. and W, are bound to the said I. C. shall bee cleerely and ut∣terly voide and frustrate and of no manner of force strength or effect, In witnesse &c.

An Indenture of Covenants, betweene a man and a wo∣man to be married, where the Husband doth Cove∣nant not to defeat the Wife of a third part of Goods after the custom, and to suffer her to make a Will dy∣ing before him, and where the woman hath assured co∣py-hold land, and entreth Covenants for warranty.

THis Indenture Tripartite &c. between E. E. Cit. and Grocer of L. on the first party and E. H. and H. I. Cit. and Mercers of L. on the second party and E. F. of L. widow on the third party witness: that for and in consideration of a marriage to be shortly had and solemnis∣ed between the said E. E. and E. F. it is Covenanted Granted conclu∣ded

condescended and fully agreed by and between the said parties to these presents in manner and form following, that is to say, That the said E. for him his Heirs Executors Administrators and Assignes, and every of them covenanteth, &c. to and with the said E. H. & H. I. & ei∣ther of them their & either of their Executors and Administ. and every of them by these presents, that he the said E. E. hath not at any time heretofore done, nor shall at any time hereafter do or consent to any Act or thing upon f••aud or Covin, to the intent to defeat the said E. of such part and portion of the Goods Chattels and Debts of the said E. E. as by the Law and Custome of the City of L. to her, should or might have been due incident or belonging, as Wife to the said E. if the said Act or thing had not been had or done.

And further, that shee the said E. shall or may at any time during the Coverture between her and the said E. without any let or distur∣bance of the said E. or any other by his means make & declare her will or Testament, and thereby or by any other Writing by her subscribed, give bequeath assign or appoint to any person or persons, any summ or summs of mony, so as the same exceed not in the whole the value of 500 Marks, of, &c. And that if he the said E. do overlive the said E∣lizabeth, that then he his Executors or Administrators, shall and will within convenient time next after reasonable Request in that behalf to be made, execute and perform, or cause &c. the same her Will or Te∣stament gift bequest assignment or appointment to any value not ex∣ceeding in the whole the summ of 500 marks according to the true meaning of the said Will or Writing. And whereas she the said E. for and in consideration of the premisses, hath heretofore surrendred all that the customary Messuage or Tenement with the Appurtenances, now being in the Tenure or Occupation of M. C. Citizen and Alder∣man of L. or his Assigns scituate lying and being in H. in the Coun¦ty of M. and all and sigular other her customary Messuages Lands Te∣nements and Hereditaments whatsoever with their Appurtenances, in H. aforesaid, being parcell of the customary Lands of the Mannor of H. Parsonage into the hands of the Lord of the said Mannor to the use of the said E. E. for and during all the term of hls naturall life, and from and after his decease, to the use of the said E. F. for and during all the term of her naturall life. And from and after the deceases of the said E. and E. to the use of the Right heirs of the said Edward for ever.

And whereas it is further agreed between the said E. and E. that all other Lands Tenements or Hereditaments, either Free-hold or Coppy-hold, whereof she the said E. hath or shall have any Estate of Inheri∣tance, shall be assured to the like uses, as have been before mentioned.

Now the said Elizabeth doth covenant, &c. That she the said E. shall and will at all times, during the life of the said Edward, at such

time and times whensoever the said Edward shall think meet, upon rea∣sonable Request in that behalf to be made, and at the Costs and Char∣ges in the Law of the said Edward, sufficiently convey and assure to such person or persons and their Heirs, as the said Edward shall name or appoint to the only use and behoofe of the said E. and E. and of the Heirs and Assigns of the same Edward for ever, absolutely without any condition, all such Lands Tenements and Hereditaments, either Free-hold or Copy hold, whereof she the said E. hath, or is in∣tituled to have any Estate of Inheritance, by custome or otherwise, accordingly, as by the said Edward or his Learned Council shall be de∣vised or advised.

And further the said E. F. covenanteth &c. with the said E. E his, &c. that all and singular the said Messuages Lands Tenements and He∣reditaments, as well Free-hold as customary with their Appurtenances, and every part and parcell thereof; now be, and from time to time and at all times hereafter shall remain and continue cleerly discharged, or otherwise sufficiently saved harmless, of and from all Gifts Grants Bargains, Sales Leases Surrenders Forfeitures Seisures, cause and causes of Forfeiture or Seisure, and of and from all other Charges, &c. had made done or consented unto, or to be had, &c. by the said E. F. or by any other person or persons by her assent consent means commandement or procurement, except one hease by her made to the said M. C. for one term which shall expite within one year now next ensuing of the said Messuage or tenement with the appurtenances now in his occupation.

And also that if she the said E. do overlive the said Edward, that then she or any other person or persons by or under her Assent, Con∣sent, Meanes, Title, Commandement or Procurement, other then the Heires and Assignes of the said Edward, shall not at any time, during her naturall life, do commit or consent unto any manner of Act or Acts, Thing or Things whatsoever, either directly or indirectly, whereby all or any of the sayd Customary Mes∣suages, Lands, Tenements, or Hereditaments, or any Part or Parcell of any of the same, shall or may be forfeited lost or incum∣bred.

And morover; the said Elizabeth, for her, &c. Covenanteth with the sayd Edward, his &c. That if after the sayd Marriage had and solemnized, shee the sayd Elizabeth, do overlive the sayd Edward, That then shee shall not have or claime, nor go about to have or obtain at any time during her naturall life, any manner of Dower, Joynture or Estate, by Reason of the said Marriage be∣tweene her and the sayd Edward, of or in any of the Lands which the sayd Edward now hath, and is presently seised of or any part or parcell of the same, In Witnesse,

Notes

• * 1.1

  Limitation of Ʋses and E∣states
• * 1.2

  Liberty for pre∣ferment of younger Sons of Robert the Father.
• * 1.3

  Liberty to as∣sign Lands to his wife for life under a yearly Rent &c.
• * 1.4

  For preferment of Daughters &c. of Robert the Father.
• * 1.5

  Liberty to make Leases of lands usually letten.
• * 1.6

  Covenant for keeping the Son and his w••fe and Children, and in case of dislike thereof, then to Lease a Tenement for that end.
• * 1.7

  Covenant for making Annui∣ties to the Sons of Rob. the Son.
• * 1.8

  Covenant for preferring the Daughters of Rob the Son.
• * 1.9

  Consideration.
• * 1.10

  A Covenant to s••e out a Writ of Entry in the post by a day.
• * 1.11

  The tenure of the Writ.
• * 1.12

  A Covenant to assure Lands by a day.
• * 1.13

  The Ʋses.
• * 1.14

  The Ʋses in ••••se the Feoff∣ment be not executed.
• * 1.15

  Recitall of a Lease.
• * 1.16

  A Covenant to levy a Fine.
• * 1.17

  To warrant the Lands in the Fine to be mentioned.
• * 1.18

  That the Fine shall extend to no other Lands then what are mentioned in the Lease.
• * 1.19

  The Use after determination of the Lease.
• * 1.20

  Covenant for Marriage.
• * 1.21

  Considerations
• * 1.22

  To make fur∣ther Covenants and Assuran¦ces.
• * 1.23

  Declaration dez Ʋses del Fine.
• * 1.24

  Lands appoint∣ed for the Joynture of Anne.
• * 1.25

  A yearly Rent for the mainte∣nance of A. and A. his wife, and for fulfil∣ling up her Joynture.
• * 1.26

  Distresse for the Rene.
• * 1.27

  Proviso to make Joyn∣tures for Wives.
• * 1.28

  Power reserved to make Leases.
• * 1.29

  For levying of money for daughters.
• * 1.30

  If A. have no Issue then the money to be le∣vyed to such uses as E S. by his Will shall app••int.
• * 1.31

  Proviso, if Ann dye with∣out Issue by A. then the uses to be void.
• * 1.32

  Incumbrances.
• * 1.33

  Further assu∣rance.
• * 1.34

  For Tithes.
• * 1.35

  Revocation of part.
• * 1.36

  Consideration.
• * 1.37

  Particulars differeth.
• * 1.38

  Ʋses.
• * 1.39

  Provision that if the Lady Anne joyne in assurance by Fine vel alias. for aliening or conveying o∣ver any the Land limited to her for life then her estate to cease and the Feoffees to stand seised to those of strangers to them after the death of the Earl they may reconvey their interest to the use of Lady Anne back again.
• * 1.40

  Power to make Leases.
• * 1.41

  To discharge.
• * 1.42

  Coven••nt for further assu∣rance.
• * 1.43

  Covenant not to fell Timber Wood or Under-Woods.
• * 1.44

  A Covenant that the Lady Anne shall not claim Dower in any o∣ther the Earls Lands.
• * 1.45

  That the Feof∣for and all o∣thers shall stand seised to the use above declared.
• * 1.46

  Considerations.
• * 1.47

  Covenant to conver the Lands &c.
• * 1.48

  Particvlars.
• * 1.49

  Ʋses.
• * 1.50

  Recoveries to be suffered.
• * 1.51

  Declaration of the use of the fines and Reco∣veries.
• * 1.52

  Ʋsis.
• * 1.53

  Liberty to make Leases.
• * 1.54

  Liberties to grant annuities to younger sons
• * 1.55

  Provision for daughters un∣preferred.
• * 1.56

  Limitation.
• * 1.57

  For making good of such Leases as shall be made of the Premisses.
• * 1.58

  For making sure of Joyn∣tures and An∣nuities for young Sons and Daughters.
• * 1.59

  That all persons seised, or which shall be seised of the premisses, shall stand sei∣sed to the Ʋse•• in these presents expressed.
• * 1.60

  Proviso and liberty that if the Grantor, or any the Issue Male fortune to be taken Pri¦soner, that they may sell certain Lands for the ransom.
• * 1.61

  Exception.
• * 1.62

  Other Excepti∣ons
• * 1.63

  Revocation.
• * 1.64

  To levy a Fine
• * 1.65

  Proviso to make an estate.
• * 1.66

  Covenant &c.
• * 1.67

  Le Ʋses. Redeliver.
• * 1.68

  To make fur∣ther assurance.
• * 1.69

  Condition for travelling a∣bout the Assu∣rance. Discharge of Incumbrances.
• * 1.70

  Condition.
• * 1.71

  Proviso ••o extinct the Estate of the parties going about to dis∣continue the Estate Taile.
• * 1.72

  Reasons condu▪ the conditio is following.
• * 1.73

  Proviso to make void the Estate taile Supra or any part thereof upon a w••••ting to be ••••er••••fore inrolled in the Chancery.
• * 1.74

  A bargaine and sale of a Feofment with livery, and a Release enrol∣in London, all absolute with out Conditiot.
• * 1.75

  Use of the reco∣fy, and of all o∣ther assurances
• * 1.76

  Uses.
• * 1.77

  Conditions.
• * 1.78

  Proviso to change the use.
• * 1.79

  Covenant to redeliver Wri∣tings.
• * 1.80

  Covenant to suffer a Reco∣very of &c.
• * 1.81

  By the name.
• * 1.82

  Le use.
• * 1.83

  Recitalls.
• * 1.84

  Recitall of the seisure.
• * 1.85

  Intentio•• do∣nato••••s.
• * 1.86

  Covenant to make Assurance by a day to A. B who shall make his will thereof to make certain uses.
• * 1.87

  Covenant by the company to make payment, &c.
• * 1.88

  Consideration.
• * 1.89

  Covenant &c.
• * 1.90

  Build and set up a new house with rooms li∣mited in the se∣verall Sto••ies.
• * 1.91

  Length and breadth of the Rooms.
• * 1.92

  Height of the Stories. Largness of the Rooms.
• * 1.93

  Windows to the severall Rooms.
• * 1.94

  Perements.
• * 1.95

  Floors.
• * 1.96

  Staires.
• * 1.97

  Brick work.
• * 1.98

  Foundation.
• * 1.99

  Tiling doors,
• * 1.100

  Jutments.
• * 1.101

  Seelings. Premisses of good stuffe and work manly to be wrought.
• * 1.102

  Consideration mony to be paid in a form limi∣ted.
• * 1.103

  Take down the old building.
• * 1.104

  Assigne the plat to the Bricklay∣ers for the foun∣dation.
• * 1.105

  Set up a new frame.
• * 1.106

  Length.
• * 1.107

  Two stories and 〈◊〉〈◊〉 high.
• * 1.108

  Floores. widnes and height of the sto••••es. Div••sion of the stori•••• into room 〈◊〉〈◊〉 accor∣ding to a plat dra••n W••ndow••s in the Hall and Parlour.
• * 1.109

  Staire out of Hall to ascend. Light to the staire.
• * 1.110

  windo wes to the Kitchin and Chambers.
• * 1.111

  The thickness and breadth of the ground plats and quality of the principalls.
• * 1.112

  Dormants and windowes in the garret.
• * 1.113

  The street side of the building to be punchon•• and space. The frame to answer the plat Doors and par∣itions.
• * 1.114

  Consideration for the Build∣ing.
• * 1.115

  A Summ in hand. Therest at daies.
• * 1.116

  If the Wokmen be loosers, then to have 4 l. more given them.
• * 1.117

  To make no Surrender.
• * 1.118

  None to do any thing to prejudice the other.
• * 1.119

  Obligation.
• * 1.120

  Recitation of the Demise made to the as∣signors.
• * 1.121

  The Habend.
• * 1.122

  Recitation of the Bargain and Sale of the stock of Haberdasher Wares made to the assignors Recitation of the payment for the stock.
• * 1.123

  Recital of an Obligation made by the assignee for per∣formance of the Covenan••s of the Lease and payment for the stock. Assignment of the lease for the saving harmles the Obligation. Covenant by the assigns to pay the money for the stock without de∣fault. And yet the assignee may from time to time enter into the Premisses and see the wares. And they shew him their estate and accompts▪ And in default of payment for the stock or finding the estate insuffici∣ent for the pointment the assignee shall enter and be seised of the shop and wares for the payment for the stock. Defeasance of one single obli∣gation for per∣formance of these Cove∣nants.