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.

DEFEAZANCES.

A Defeazance upon sundry Assurances had for payment of a summ of money, extending (gradibus) to extinguish the same Assurances, as the Debt from time to time shall be cut off and satisfied.

THis Indent. &c: between I: P: of B. in the County of Y: Gent. and C: P: one of the Sons of the same I: on the one party, & A. C. Cit: and Salter of L: on the other party, witness. That wher∣as the said I: together with one R: B: of &c. by their single Obligation, hearing date &c. do stand bound to the said A. C. in the Sum of 300 l. of &c. to have been paid in the Feast of St. M. &c. then next ensuing, as by the same Obligation will appear.

And where also the said A. by force of one Indenture of Lease, hearing date &c. now last past, is clearly and absolutely without any Condition from henceforth lawfully possessed, of all that Messuage or Tenement &c. to hold for the term of 40. years next following, from the date of the said Indenture of Lease, by the pay of one Pep∣per Corn only every year during the same term, as by the same Inden∣ture will also appear.

And the said I. and C. P. on the day of the date of these presents before our said Soveraign Lord the King, in his High Court of Chance∣ry, have knowledged themselves to owe to the said A. C. the Summ of 1000 l. of &c. to be paid in the Feast of St. James &c. next now com∣ing, as by the same Recognizance doth appear.

Yet neverthelesse the said A. C. for himself, his Executors &c. doth covenant grant and agree, to and with the said I. and C. and every of them, and to and with their Heirs Executors and Administrators, and e∣very of them by these presents, in manner and form following, That is to say, That if the said I. and C. or either of them &c. do pay &c. to the said A. C. &c. the Sum of 590 l. of &c. at the now Mansion

&c. in manner and form following; That is to say 330 l. therof, on the 24. of Aug. next ensuing the date of these presents, between the hours &c. of the same day, or at any time before, and 260 l. residue and in full payment of the said Summ &c. on the 22. Oct. now also next following the date of these presents, between the hours &c. of the same 22. of Oct. or at any time before, that then after payment had and made to the said A. his Executors or Administrators, of the said Sum of 330 l. the first payment aforesaid, he the said A. his Executors and Administrators, upon reasonable request, shall and will not only deliver or cause to be delivered to the said I. and C. their Heirs Executors and Administrators, the said single Obligation of the said I. P. and R. B. and the said Indenture of Lease made by the said I: to the said A. as a∣foresaid, together with one Recognizance of 600 l. wherin the said I. is bound to the said A for the performance of the Covenants of the said Indenture clearly to be cancelled, defaced, and made void. But also after full payment had and made to the said A. &c. of the said whole Summ of 590 l. in form aforesaid, upon like request as aforesaid, shall deliver or cause &c. to the said I. or C. &c. the said Recognizance of 1000 l. wherin the said I. and C. are bound to the said A. as aforesaid, and that then and at all times within the space of six months, next after the said payment wholly made of the said Summ of 590 l. in manner. and form aforesaid, he the said A. C. his Executors and Administrators at like request as aforesaid, and at the costs and charges of the said I: and C, their Executors and Administrators, shall and will do knowledge and execute within the Cities of L. and W. all and every lawfull and reasonable act and acts thing and things in the Law, which shall be law∣fully and reasonably devised and required by the said I. and C. &c. or the learned Councell &c, as well for the making void, determining, re∣leasing, and clear extinguishing and annihilating of the said Lease made to the said A. as aforesaid, and of all his Estate, Title, Interest, Pos∣session and term of years whatsoever, which he hath in the Premisses, or any part therof to him demised by the said Lease, as also for the frustrating and clear releasing, cancelling, and acquitting of the said Obligation, and of both the Recognizances afore recited, and of every of them.

Provided alwaies, and it is agreed by and between the said parties to these presents, for themselves, & their Heirs that if the said I. and C. their Heirs Executors and Administrators, or some of them, do not pay, or cause &c. to the said A. &c. the said Summ of 330. on the said 24▪ of Aug. and 260. on the 22. Oct. in manner and form as is above limi∣ted and appointed by these presents, that then these present Inden∣tures, and all and every thing and things in them contained, shall be so clearly and utterly void and frustrate, to all intents and purposes, as though the same had never been had, made, or spoken, any thing &c. In witness &c.

An Indenture of Defeazance after land mortgaged is forfei∣ted upon the Indenture of Mortgage, with Covenants that if the Mortgagor pay the money at the new day agreed upon, then he to stand seised to his own use, and the Mortgagee to do all things required for re-assu∣rance.

THis Indenture &c. between W. D. Citizen and Alderman of L. on the one party, and Sir W. P. Knight &c. on the other party, wit∣nesseth, That wheras the said Sir W. by his Indenture, bearing date &c. * 1.1 for the surety of payment of the Sum of 845 l. 7 s. to the said W. his certain Attorney Executors or Administrators, to have been paid on the nineth day of this present month of Feb. did mortgage bargain and sell to the said W. and his Heirs eight Messuages or Tenements, with all and singular their Appurtenances in L. Street in the Parish of St. M. in L. and the Advowson of the said Parish Church, by such form of words, and in such manner, as in the said former Indenture is mentioned. And as by the said Indenture wherunto relation be had plainly appeareth.

And wheras by means that the said Summ of &c. or any part ther∣of * 1.2 was not paid to the said W. or to any other to his use, at the day and place in the said former Indenture limited for the payment therof, the said eight Messuages or Tenements, with all and singular their Appur∣tenances, and the said Advowson, and all other Lands Tenements Pro∣fits and Hereditaments, bargained and sold by the said former Inden∣ture, are clearly and absolutely forfeited unto the said W. and his Heirs. Yet neverthelesse the said W. D. is contented and pleased, and * 1.3 by these presents for him &c: covenanteth &c: in form &c: That if the said Sir W. his Heirs Executors Administrators or Assigns, do pay &c. to the said W. &c. at &c. the Sum of 867 l. 12 s. 4 d. of &c. on the 10. day of Aug: next ensuing the date hereof, between the hours &c: that then in consideration of the said Sum of &c. so then being truly paid to the said W: his &c. as in these presents is aforesaid, he the said W: and his Heirs, and all and every other person and persons, having any Estate by or from the said W. his Heirs or Assigns, from and after the said Sum of &c. so paid as aforesaid▪ shall stand and be seised, of and in the said eight Messuages &c. and all other the Lands Tenements and Hereditaments by the foresaid former Indenture bargained, to the on∣ly use of the said Sir W: and of his Heirs and Assigns, and not to any other use whatsoever.

And that then also after such payment made of the said Sum of &c. * 1.4

to the said W: his &c. in form aforesaid, he the said W: and his Heirs, during six months then next following, at the reasonable request and charges of the said Sir W: his Heirs or Assigns, shall and will do and knowledge all such acts and things, for the clear determining of such Right and Title as the said W. D: and his Heirs can or may claim to have in the Premises, or for the re-conveying or re-assuring of the same, from and against the said W. D. his Heirs and Assigns, and from A. now wife of the said W. as by the said Sir W: his Heirs or Assigns, or his or their Councell learned, shall be reasonably devised or advised, with Warranty only against the said W: D: and his Heirs.

And the said Sir W. P: for him &c. covenanteth &c. That if the said Sir W. or his Heirs, shall be disposed to leave the Fee and Inheritance of the Premisses, that then the said W: D: shall have the Preferment, for the having and quiet enjoying therof, better cheap by 20 l. at the least, and with like speedy payment, then the same may be sold for to any other person, without any fraud or covinable dealing.

And the said W: D: for him &c. covenanteth &c. That if the said Sir W. his Heirs or Assigns, do redeem the Premisses by the payment of the said Sum of &c. according to the true meaning of these presents, That then the said W. D: and his Heirs shall allow back again to the said Sir W: and his Heirs out of the said Summ, all such Rents as the said W: D: his Heirs or Assigns, shall in the mean time receive or levy of or for the Premisses, or any part therof. Provided alwaies, that if de∣fault be made of or in payment of the said Summ of &c. or any part therof, at the day and place limitted for the payment therof in these presents, contrary to the true meaning of these presents: That then and from thenceforth the said former Indenture, and the Bargain and Sale therby made, of all and singular the Premisses, with their Ap∣purtenances, shall stand good indefeazable and effectuall in the Law, to the only use of the said W: and his Heirs: And that then and from thenceforth the said W: and his Heirs, shall be and stand seised in the Premisses to their own use, these presents, or any thing in the same contained, to the contrary therof notwithstanding.

And that then therafter it shall and may be lawfull for the said W: his Heirs and Assigns, to use and take all such advantage and benefit of and by the said former Bargain, as he or they might have done, if these presents had not been made, These presents &c. to the contrary &c. In witness &c.

A Defeazance of a Statute for payment of money tripartite, where the Statute being made to two, the one Covenanteth with the other, not to release, nor do any prejudice wherby each party may not receive his Moiely.

THis Indenture Tripar tite &c. between A. G: Citizen and Alderman of L. on the first party, and W. D. Citizen and Alderman of the same City on the second party, and R: H: Citizen and Marchant-taylor of L. on the third party: witnesseth, That whereas the said R. H. is and standeth indebted unto the said A. and W. in the summ of 1000 l. of &c. to be paid to them as Administrators of the goods and chattels of R. C. late of L. aforesaid Salter deceased. And wheras for the sure and true payment of the said summ of &c. truly to be paid unto the said A. and VV. their Executors or Administrators, he the said R. H. is become bound to the said A. and W. in the summ of 2000 l. of &c. to be paid as by one Recognisance or Statute staple therof to them made according to the form of the Statute provided for the Recovery of debts, and bearing date &c. knowledged and sealed before Sir C. W. Knight, Lord chief Justice of England, doth and will appear.

Nevertheless it is Covenanted, Concluded and Agreed, by and be∣tween the said parties, and the said A. and W. for themselves, and for their several Executors and Administrators, do severally Covenant and Grant, to and with the said R. H. &c. That if the said R. &c. do pay &c. to the said A. and W. or to either of them, their certain Attur∣ney, Executors or Administrators, for and in contentation of the said summ of 1000 l. to them the said A. and VV. owing as aforesaid, by reason that they have the Administration of the goods and chattels of the said R. C. the summ of 1000. l. of &c. at the Mansion House &c. in form following, that is to say, on &c. and on &c. that then the said Recognisance or Statute-staple shall be clearly and utterly void, fru∣strate and annihilate, to all intents, construction and purposes as though the same had never been had or made, but if default do happen to be had or made in payment of the said summ of &c. or any part or parcel therof contrary to the true meaning of these presents, then the said R. H. for him, his Heirs Executors Administrators and Assigns, doth Covenant &c. to and with the said &c. that the said Recognisance or Statute-staple shall stand and remain in all his full strength, force and vertue, any thing abovesaid to the contrary &c. and the said A: G: for him &c. Covenanteth &c. to and with the said VV. &c. that he the said A: his Executors Administrators or Assigns, shall not at any time or times hereafter, discharge, release or make void the same Recognisance or Statute-Staple or summ of money therin specified, or any part ther∣of,

or do, or commit any other act or act, thing or things, wherby the said VV. his Executors Administrators or Assigns, or any of them shall or may be defeated of the moiety of &c: to them growing due as afore∣said by the true meaning of these presents without the special request consent and agreement of the said W: his Executors, Administrators or Assigns. The like Covenant verbatim on Mr. Alderman D's party. In witness, &c.

A Defeazance of a Statute made to three to save them harmles of bonds entred into Conuzor where the Conuzees promise to deliver in the Statute wbere all payments are made and where the Conuzees Covenant one with another not to discharge the Statute without con∣sent.

THis Indenture Quadripartite made &c. between B. W, on the first part T. W. on the second part I. W. on the third part and R. W. on the fourth part witnesseth that whereas the said B. W. T: W. and I. W. together with the said R. W. stand joyntly and severally bound to I. A. of L. Draper by 74 severall obligations the penalties of every of the same obligations being severally of 73 l. 10 s. of &c. and every of them for the payment of a severall summ of 30 l. of like money to be paid at the Messuage &c. at such daies and times as by the said severall obligations all bearing date the twenty eight day of Feb. now last past with their several conditions upon them severally endorsed more plainly may appear and whereas also the said R. W. is * 1.5 become bound to the said B. W. T. W. and I. W. in and by one recogni∣zance or Statute-Staple bearing date the 18 th. of June now last past made according to the forme of the Statute made and provided for the Recovery of debts knowledged and sealed before Sir I. D. knight Lord cheif Justice of the Common Pleas of his Majesties Bench at W. in the summ of 2000 l. of &c. payable as by the said recognizance or Statute-Staple doth appear yet nevertheles the said B. T. and I. for them and their severall heirs Executors Administrators and Assigns * 1.6 do Covenant promise and grant to and with the said R. W. &c. that if the said R. his heirs &c. do from time to time and at all times hereaf∣ter acquit discharge exonerate or well and sufficiently save and keep harmless the said B. T. and I. their Heirs Executors Administrators and Assigns and every of them and all their Lands Tenements Goods and Chattells against the said I. A. his Executors and Administrators and all other person and persons of for and concerning the said recited obligations and every of them and all and singular summ and summes

of money in them and every of them contained and also of and from all and all manner of acts Suits Costs Damages Judgements Executions and Demands whatsoever which at any time or times hereafter shall lawfully come arise or grow to or against the said B. T. and I. or any of them or the heirs executors administrators or assigns, of them or any of them by reason or meanes of the said obligations or any of them Or els within the space of twenty dayes next after request in that be∣half * 1.7 to be made by the said B. &c. or any of them or the heirs Execu∣tors &c of them or any of them to the said R. W. his Executors Admini∣strators or Assigns do fully and sufficiently satisfie and recompence to the said B. T. and I, their Executors Administrators and assigns and to of them all and singular such Losses Charges Costs & Damages as the said B. T. and I. or any of them or the heirs &c. shall susteine or suffer by reason of the said recited obligations and every or any of them or of or for any summ ot summes of money in them or any of them con∣teyned * 1.8 that then the foresaid recognizance or Statute-Staple shall be cleerly void and of none effect to all intents constructions and purposes as if the same had never been had or made, but otherwise the same Re∣cognizance to stand and remaine in all strength and virtue and the said B. T. and I. for them &c. Covenant &c. with the said R. W. &c. that at all times after such time as the said severall summes of money severally mentioned in the said obligation shall be satisfied and paid and the same obligations discharged and cancelled they the said B. T. and I. their Heirs Executors Administrators or some of them upon reasonable request to them or any of them to be made by the said R. W. his &c. shall and will deliver or cause &c. to the same R. W. his &c. the said recognizance to be defaced and cancelled without fraud or covin and the said B. W. for him &c: covenanteth &c: with the said T. W. and I. W. and to and with either of them severally, and their severall Heires, &c. and every of them by these Pre∣sents that he the said B. W. his Heirs Executors Administrators or Assigns heretofore have not discharged released or acquitted the said recognizance or Statute-Staple neither at any time or times hereafter shall acquit discharge or release or do commit or agree to the doing of any act or thing which shal or may in any wise frustrate or make void the said recognizance or Statute-Staple or summ of 2000 l. therein specified or any part thereof without the consent and agreement of the said T. W. and I. W. their Executors Administrators or Assigns Cove∣nant from T. W. to B W. and I. W. and the like from I. W. from B. W. and T. W. In witness &c.

A Grant of the Rent and Reversion of a house during the Grantees life with Condition that if the Lease in esse determine before the Grantees death that then the Grantor may let the Premisses reser∣ving somuch Rent to the Grantee during his life.

TO all to whom these presents shal come, H. Earl of R. Knight of the most noble order of the garter Lord of H. T. and B: sendeth gree∣ting in our Lord God everlasting; Whereas I. the said Earle have de∣mised granted and letten to Ferme to M: C: &c: all that tenement scituate in L: &c: to have and to hold to the same M: for the term of certain yeeres yet to come for the yeerly rent of 20 l. as by an In∣denture in that behalfe made unto the said M: C: at large may ap∣pear, know yee that I: the said Earle as well in consideration of the good & faithfull service done to me and my Ancestors by one I. B: my servant as in consideration that the same I: at the ensealing of these presents hath released surrendred and yeilded up to me the said Earle an yerely rent or annuity of 20 l. by me payable during his life, I the said Earle have given and granted and by these presents, do fully and cleerly give and grant unto the said I: B: the Reversion and Rent of the said Mansion house and all and singular the Premisses with the Appur∣tenances demised and letten to the said M. C: as aforesaid to have hold and enjoy the aforesaid Reversion and Rent and all and singular the said Premisses with the Appurtenances to the said I: and his Assigns to the proper use of the said I: and his Assigns for and during all the naturall life of the said I: and further know ye that I the said Earle and my heirs do and shall warrant and defend the said Reversion and Rent and other the Premisses with the Appurtenances to the said I. and his Assigns against me the said Earl & mine heirs during the na∣turall life of the said I: B: provided alwaies that if it shall fortune the said I B to be over live after the full end and term of yeers aforesaid granted to the said M. of the said mansion house that then it shall be lawfull to the said Earl his Heirs and Assigns to let and demise the same Mansion house with the Appurtenances for terme of yeers at the li∣berty of the said Earle and his heirs saving and reserving alwaies the yeerly rent of 20 l. to the said I. and his assigns to be paid by the hands of the tenant or tenants there from time during all the naturall life of the said In witnes &c.

A Deputation of a Clark-ship of the Peace.

TO all &c. Wheras our late Soveraign Lady Queen Mary, by her Letters Patents, bearing date &c. Did of her speciall Grace and meer motion, give and grant unto the said I: D: the Clark-ship of the Peace of VV. in the County of Y: together with the Office of the Clark-ship of the Crown, for all Sessions and Meetings touching the Commission of the Peace, as well generall as speciall there to be hol∣den. And also for all Presentments Inditements Arraignments Recog∣nizances Processes whatsoever, to be presented, made, taken, exhibited, begun, followed, or by any waies or meanes to be pleaded or done, before her Graces Justices of the Peace, or any of them, or before the Justices of the Peace, of her Heirs or Successors, or any of them within the said Liberties of the VV: R during the life natu∣rall of me the said I: D: as by the said Letters Patents &c.

Now know yee me the said I: D: to have by these presents constitu∣ted, ordained, and made my well beloved Kinsman R: H: of L. Inne, in the County of M. Gent. my lawfull Attorney and Deputy, to execute for me and in my name the said Offices of Clark-ship of the Peace, and the Crown, and of either them within the said VV: R in the County aforesaid.

And also to do for me and in my name, all and every act and acts, thing and things concerning or belonging to the said Offices of &c. and either of them, in as large and ample manner and form, as I the said J. should, may, or might lawfully do, by virtue of my said Grant, if I my self were personally present.

And also I the said I: do by these presents clearly give and grant to my said said Kinsman R: H: all such Fees and Duties as of right do be∣long, or by any lawfull waies or means may be had or taken, to and for the due executing of the said Offices and either of them; To have perceive and take the same to his own proper use and behoof, without any account making or to be made to me the said I: mine Executors or Assigns for the same, and without lawfull let or interruption of me the said J: or any other for me, or in my name, during the na∣turall life of me the said J. In witness &c.

An Indenture for a Womans Joynture, containing Covenants for gift of Mony, Apparrell, and Marriage dinner.

THis Indenture, &c. Between W. S. of the City of W Gent. on the one partie, and N K of Graies Inne in the County of M Gent. and A. P. Citizen and Goldsmith of London on the other partie. Witnesseth that whereas the said W S and R K Gent. naturall Bro∣ther of the said N K have concluded and agreed for a marriage to be had between the said R and A S the only child and Daugh∣ter of the said W. The said W for and in consideration of the said marriage so between the said R and A to be had doth covenant and grant to and with the said N K and A P their Executors and Ad∣ministrators and every of them by these presents in manner and forme following, that is to say, That whereas the said W S now is, and standeth lawfully and solely seised of a good and perfect estate in Fee-simple of and in certaine freehold Lands and Tenements with their appurtenances in L marsh of the yearly value of ten pound or above, and of and in oo. Messuages or tenements with their appur∣tenances in M Lane in L now or late in the severall tenures, &c: extending to the yearly value of 12 l. or above. That after the said marriage shall be had and solemnised between the said R and A the said M S and his heirs, and all other person and persons seised or to be seised of the premisses or any part thereof shall thereof, and of every part thereof stand and beseised to the use of the said W S. for and during the naturall life of the same W: And after his decease then to the use of the said R K and A S and the heirs of the body of the said A by the said R K lawfully to be begotten, and for lack of such issue to the next and right heirs of the said W S for ever, and to none other use or uses whatsoever. And the said W S for him, &c. covenanteth with the said N K and A P &c: that the said Messua∣ges, Lands, Tenements and Hereditaments with their appurtenacces shall or lawfully may stand continue and abide for ever to the uses abouesaid cleere and free discharged and acquitted or at all times suf∣ficiently kept harmelesse by the said W his Heirs, Executors, or Ad∣ministrators of and from all and singular former bargaines, &c. had made, procured, knowledged or agreed unto, or to be had, &c. by the said W S or his Heirs Leases, for terme or termes of yeares, whereupon the said former usually yearly Rents are reserved only ex∣cept. And also that he the said W. S: and all other persons having, or which shall have any right, title, or interest, in or to the freehold of the premisses or any part thereof, by or from the said W S: at all times during one yeare next after the said marriage had and solem∣nised between the said R and A: at the reasonable request, and costs

and charges of the said R. shall and will make, do knowledge and suffer all and singular Act and Acts, thing and things with warranty only against the said W and his heirs, as by the said R or his learned Councell, shall be lawfully and reasonably devised or advised, for the better or further assurance of all and singular the premisses to be had conveyed and made sure to the uses abovesaid, without any fraud or covin, and also that for the consideration aforesaid, he the said W at or before the day of the solemnization of the said mar∣riage, shall and will give and deliver to the said R and A so much Plate, Jewells, Houshold-stuffe and apparrell, as being reasonably and indifferently prised, shall amount to the summe of 60 l. of &c: and shall pay, moreover to the said R and A 25 l. of like money, at or before the day of the same marriage and other 25 l. within one yeare then next following, and shall procure that the said R and A: by the space of two years next after their marriage, shall and may have and occupy Rent free all that Tenement Scituate, &c: if A B. Widdow whom the said W by Gods favour shall shortly take to Wife do live so long, and shall also give moreover to the said R: and A their Marriage Dinner, at the costs and charges of the said W S. Provided alwayes, and the said parties to these presents for them and their heirs do conclude and agree together, that if the said W at any time during his life, shall be minded to alienate, grant, bar∣gaine or sell away one of the said Messuages Scituate in M Lane in L aforesaid which now is in the occupation of A B or his Assignes for the yearly Rent of 4 l. That then it shall be lawfull to and for the said W S to alienate, grant, bargaine, sell and assure the same to any person or persons, and their heirs in Fee-simple or otherwise as to the said W shall seem convenient, and that then from the time of such bargaine and sale thereof, the said Messuage with the appurte∣nances shall remaine and be to the use of such person and persons, and their heirs as the said W shall bargain and sell the same unto.

These presents to the contrary, &c: In witnesse &c.

A Womans Joynture in Land, where if any of the Land be evicted from the woman use is raised to her in other Land during her life.

THis Indenture, &c. Between W. B. of L. Marchant-taylor, of the one party, and R. S. &c. and G. P. of &c. on the other party, Wit∣nesseth, That where by the grace of God there is a Marriage to be had and solemnized, between the said W: B: and one S: S. daughter of the said R: The said W: B: for and in consideration of the same Marriage,

and for the tender love and affection that he the said W: beareth to wards the said S. and for a competent Joynture and stay of living for the said S. during her natural life after the decease of the said W. and in full satisfaction and recompence of the Dower of the said S. doth for him, his Heirs Executors and Administrators, Covenant and Grant by these presents, to and with the said R. and G: and either of them, their, and either of their Executors, that he the said W: before the &c. * 1.9 next comming after the date hereof shall lawfully assure and convey, or cause &c. to be lawfully &c. unto the said R: and G: and either of them, and their, or either of their Heirs, or to the Heirs of the said R: and G: one Capital Messuage with the appurtenances, together with two Houses therto adjoyning in or neer unto R: in the County of M: and also 56. acres of Land, Meadow and Pasture in W. K. R. * 1.10 and C: in the said County of M. by the name of three Messuages, one Dove-House, three Gardens, forty acres of Land, twenty acres of Medow and ten acres of Pasture with the appurtenances in W: R: R: and C: aforesaid; which said Assurance and Conveyance so to be made as is aforesaid, shall be and remain; And the said R. and G. and their Heirs shall stand and be seised of the said Premisses with the appurte∣nances, to the only uses, purposes, limitations and intents hereafter in these presents limited and declared, and to none other uses, intents or * 1.11 purposes, that is to say, to the use of the said W. and S. after the said Marriage had and solemnized between them according to the Laws Ec∣clesiastical of this Realm for the term of their two lives, and the longest liver of them. And after the decease of the said W. and S. and the longest liver of them to the use of the Heirs of the body of the said VV. B. and the said S. lawfully begotten and to be begotten, and for default of such issue to the use of T. B. brother of the said VV. and of the Heirs males of the body of the said T. lawfully begotten, and to be begotten, and fot default of such issue to the use of such and so many of the Sisters of the said VV. that is to say S. now wife of R. Ʋ. E. B. M. B. and M. B. Sisters to the said VV. and of their Heirs for ever, as at the time of such deceasing without issue, as is aforesaid shall be in life.

And further, the said W: for him &c. Covenanteth &c. with the * 1.12 said R: and G: &c. That the Premises, and every part and parcel ther∣of with their appurtenances shall at the time of the said Assurance and Conveyance of the Premises to be made as is aforesaid, and so from thence forth shall from time to time continue, remain, and be of the clear yearly value of 30 l. of &c. above all charges and reprises, not∣withstanding any act or or acts, thing or things, had made, done, or willingly suffered to be had &c. by the said W: B: or any person or * 1.13 persons by his assent, means or procurement; and that all and singular the Premisses with the appurtenances shall at the making of the said

Assurance and Conveyance be discharged or otherwise sufficiently sa∣ved harmles, of and from all, and all manner of former Bargains &c. had made, done, or willingly suffered or to be had, made, or done, or willingly suffered, by the said W: B: or his Heires or by T: B: father of the said W: or by any other person or persons what∣soever, having or claiming to have or which at any time hereafter shall have or pretend to have any interest, estate, right, title, or demand, in or to the Premisses with the appurtenances, or any part or parcel ther∣of, by, from or under the said W. and T: and their Heirs or any of them; and also the said W: Covenanteth &c. that he the said VV: and his Heirs shall at all times hereafter, and from time to time upon reaso∣nable request or demand to be made unto the said VV: B: or his Heirs by the said R: and G. or either of them at the costs and charges in the Law of the said R: and G: or either of them make, do knowledge and suffer, or cause &c. all and every such further act and acts &c. as shall be reasonably devised, advised or required by the said R: and G: or ei∣ther of them for the better Assurance, Conveyance and sure making of all and singular the Premisses with their appurtenances according to to the several uses, limitations, purposes and intents before in these pre∣sents limited and declared, and to none other uses intents or purposes, be it by Fine, Feofment, Recovery, Release, Deed Inrolled, or other∣wise with Warranty only against the said W: and his Heirs, and T. B: father of the said VV. and his Heirs.

And further, for and upon the considerations aforesaid, the said VV. * 1.14 Covenanteth &c. that if at any time after the decease of the said VV. the said S. shall be lawfully evicted, or put out, or from the said Mes∣sage and other the Premisses, or any part or parcel therof▪ that then and from thenceforth the said VV. B. his Heirs and Assigns, shall stand and be seised of and in such and so much of one Messuage now called the Crane, and of all and all manner of Collers &c., to the said Mes∣suage last mentioned belonging, scituate in the Parish of St. M of L. as shall amount to the clear yearly value of such & so much of the said Messuages & other the Premisses first mentioned as shall be evicted or taken away to the use of the said S. for term of her natural life. and af∣ter her decease to the use of the right Heirs of the said VV. for ever.

And finally the said VV. Covenanteth, &c. that at the time of such e∣viction or taking away of the said Messuages, and other the Premisses first named, or any part therof. The said Messuages and other the Premisses last mentioned, shall remain and be clearly discharged, or du∣ring the natural life of the said S. shall be sufficiently kept and saved harmless of and from all, and all manner of estates, interests, charges, and incumbrances whatsoever, had made, done, or willingly suffered, or to he had &c. by the said VV. B. or any person or persons having or claiming, or which hereafter shall or may have or claim any thing by, from, or under ehe said VV. In witness, &c.

A Defeazance of a Recognizance in Chancery.

THis Indenture &c. Between H. H. of L. Inholder, of the one party, and S. S. of London, Gentleman, of the other party, witnesseth, That wheras the said H. H. at the instance and request of the said S. S. and for his cause together with him the said S. S. in and by one Recognizance, bearing date &c. knowledged to be enrolled in the Court of Chancery, became bounden unto T. S. of P. in, the County of S. Esquire, in the Sum of 1700 l. of &c. as in and by the same Recognizance doth and may appear.

And wheras also by one Indenture, bearing date &c. made between the said S. S. and H. H. on the one party, and the said T. S. on the o∣ther party, witnessing, That wheras a Marriage was then intended (and now is Solemnized) between the said S. S. and E. S. the Sister of the said T. S. And for the setling of a competent and sufficient Joynture for the better maintenance and living of the said E. if she happen to survive and over-live the said S. S. and that some stay and estate might be had to the Heirs of the said S. on the body of the said E. lawfully to be begotten, the said S. S. and the said H. H. at the instance and re∣quest of the said S. S. together with the said S. for themselves and ei∣ther of them, their and either of their Heirs Executors and Administra∣tors, and every of them, did covenant promise and grant, to and with the said T. S. his Heirs and Assigns, by the said Indenture, that the said S. S. and H. H. or one of them, their, or one of their Heirs or Assigns, shall and will within four years next ensuing the date of the said Inden∣ture, well and sufficiently convey and assure, or cause and procure to be well and sufficiently conveyed and assured, Lands Tenements and Hereditaments, within the Realm of England, of the clear yearly value of 100 l. by the year, over and above all and every yearly Charges Deductions and Reprises, clearly acquitted and discharged, of all Titles Troubles and Incumbrances to the said E. during her life, and after her death, to the use of the said S. S. and the Heirs of his bo∣dy on the body of the said E. lawfully to be begotten, and for default of such Issue, to the Heirs and Assigns of the said S. for ever. And that the person and persons, which shall so convey and assure the said Lands Tenements and Hereditaments, shall be at the time of the con∣veyance therof, lawfully, rightfully, and absolutely seised of the said Lands Tenements and Hereditaments (in manner and form as afore∣said to be conveyed) of a good and perfect Estate in the Law in Fee-simple.

And further the said S. S. and H. H. for themselves and either of them, their and every of their Heirs and Assigns, did covenant promise and grant, to and with the said T. S. his Heirs and Assigns, by the said

Indenture, that if the said S. S. shall decease within the said four years, and before such assurance had and made, that then the Executors or Administrators of the said S. S. shall from the day of the death of the said S. untill such assurance as aforesaid shall be made, well and truly pay, or cause to be paid to the said E. if she be living, and if she be de∣ceased, to such Children as shall be in the mean time begotten on her body, and then living, one yearly Rent of 100 l. by the year, of lawfull money of England, at four Feasts or Terms in the year, that is to say At the Feast of the Annunciation &c. the Nativity &c. St. M. &c. the Birth &c. or within twenty daies next after every of the same Feasts, by even Portions, the first payment therof to begin at such of the same Feasts as shall next ensue the decease of the sad S: S.

And wheras also by the same Indenture it was covenanted and agreed between the said parties.

And the said T: S: for himself, his Heirs Executors and Administra∣tors, and every of them did covenant, promise, and grant, to and with the said S: S. and H: H: their Heirs and Assigns, by the said Indenture, That if the said S. S: and H: H: their Heirs Executors and Administra∣tors, and every of them do and shall well and truly observe, perform, fulfill and keep, all and every the Covenants Grants Articles and A∣greements in the said Indenture contained, which on his or their parts and behalfs are, or ought to be observed and kept, according to the te∣nor, purport, and true meaning of the said Indenture; That then the said Recognizance should be void, frustrate, and of none effect, and a Vacat entred upon the Record therof, any thing in the said Indenture to the contrary notwithstanding. Otherwise the same to stand and a∣bide in full force and strength, as by the said Indenture at large doth and may appear.

And wheras also the said S: S: in and by one other Recognizance, bearing date the said &c. knowledged to be enrolled in the Court of Chancery, became bounden unto the said H: H: in the Summ of 1800 l. of &c: as in and by the same Recognizance it doth and may appear.

Now it is covenanted and agreed between the said parties to these presents, and the said H: H. for himself, his Heirs Executors and Admi∣nistrators, and every of them doth covenant promise and grant, to and with the said S: S: his Heirs and Assigns by these presents, That if the S: S: his Heirs Executors and Administrators, or any of them do, and shall well and truly observe, perform, fulfill, and keep all and every the Covenants Grants Articles and Agreements contained in the said re∣cited Indenture, which on the parts and behalf of the said S. S. and H, H: or either of them are, or ought to be observed and kept, according to the tenor, purport, and true meaning of the said recited Indenture, and therby do acquit, discharge, and at all times hereafter save harm∣lesse the said H: H: his Heirs Executors and Administrators, and every

of them, of and from the said recited Recognizance of 1700 l. and of and from the said Covenants contained in the said recited Indenture, that then the said Recognizance of 1800 l. acknowledged by the said S. S. to the said H. H. shall be void, frustrate, and of none effect, and a Vacat entred upon the Record therof: Otherwise the same to stand and abide in full force and strength: In witness &c.

A Defeazance of a Statute Staple.

THis Indenture &c. Between I: H: of T: in the County of B: Esquire of the one party, and S: A. of the Parish of St: K: of L: Marchant of the other party, wheras the said S: A: in and by one Re∣cognisance or Writing Obligatory of the nature of a Statute Staple made and provided for the Recovery of debts, bearing date with these presents taken and acknowledged before I: K: Maior of the Staple at Westminster, and W: S: Serjant at Law, Recorder of the City of London is, and standeth bound to the said J: H: in the sum of 3000. of &c. to be paid to the said J: in such manner as therin is mentioned, as in and by the said Recognizance, or writing Obligatory of the nature of a Statute Staple more fully and at large appeareth.

It is now nevertheless Covenanted, Granted, Concluded and A∣greed by & between the said parties to these presents, and their true in∣tent and meaning of the said Recognizances and of these presents, and of the parties herunto is, and the said J: H. for him his Executors, Ad∣ministrators and Assigns, is contented and pleased, That if the said S A. his Heirs, Executors, Administrators and Assigns, and every of them, do, and shall well and truly observe, perform, fulfil and accomplish all and singular the Covenants, Grants, Articles and Agreements, which on his and their parts and behalfes, are or ought to be observed, per∣formed, fulfilled and kept, comprised and specified in a certain Inden∣ture of Articles of Agreement, bearing date with these presents, and made between the said I: H. of the second part, the said S: A: and K: H: eldest daughter of the said I. H: of the second part, and G: L. and I: H: of L. Merchants, of the third part according to the true intent and meaning of the said Indentures of Articles of Agreement, that then the said Recognizance or writing Obligatory above recited or mentio∣ned, shall be utterly void and of none effect, and then also the said I. H: party to these presents, his Executors, and Administrators, or some of them shal and wil-deliver or cause to be delivered up the said Recogni∣zance or writing Obligatory to the said S. A. his Heirs, Executors or Administrators to be cancelled, vacated and made void, otherwise the same shall stand and abide in full force and vertue. In witness, &c:

A Defeazance of a Judgment in the upper Bench.

THis Indenture, &c. Between E: C: of W: in the County of K: Gent. of the one party, and T: R: of S. in the County of K. Gent. on the other party witnesseth, that wheras the above named T: R: before the Ensealing and delivery hereof, hath acknowledged and suffered one Judgment to be entred upon Record in his Majesties Bench at Westminster in Easter Term now next ensuing for 100 l. debt, and 20 s. costs of Suit therupon assessed at the suit of the said E: C: Ne∣vertheless it is Agreed, Conditioned, Covenanted and Granted by and between the said parties to these presents either to other, That if the said T: R: his Heirs, Executors, Andministrators or Assigns, or any of them, do well and truly satisfie, content and pay, or cause to be well and truly satisfied, contented and paid unto the said E: C: or his As∣signs, the sum of 7 l. of &c. yearly, and every year during the natural life of him the said E: C: at the four most usual Feasts or Terms in the year (viz.) at the Feasts of St. John Baptist, St. Michael the Archangel, the Birth of our Lord God, and the Anuntiation of our blessed Lady Mary the Ʋirgin▪ or within fourteen dayes next after any of the said Feasts by even and equall portions, the said payments to be made at or in the now Hall of Cliffords Inne London, that then the said Judgment shall be utterly void and of none effect, and that then after the decease of the said E. C. (the said quarterly payments being duly made, or by him the said E: accepted) the Executors or Administrators of him the said E. C. shall upon request give sufficient warrant for the acknowledging made of satisfaction upon Record for the said Judgment; and in the mean time he the said E: nor his Assigns, shal not sue forth, nor prosecute any manner of execution upon the said Judgment against the said T. R. his Executors or Administrators, nor against their or any of their Goods, Lands or Tenements. But if default shall be made of any the said pay∣ments, at the dayes and place aforesaid, and other good satisfaction not given, that then, and at all times after the said E. C. his Executors Administrators or Assigns, shall and may take his or their due course of Law upon the said Judgement in that behalf provided. In VVit∣ness, &c.

A Defeazance upon a Iudgment.

THis Indenture &c. between G. A. Gentleman of the one party, and I. A. of L: Inne, in the County of M. Esquire, and D. R. of W. in the said County of M. Esquire, of the other party, witnesseth, That

wheras the said I. A. and D. R. have confessed and suffered one Judg∣ment of 120 l. debt, and 16 s. 8 d. costs of Suit thereupon as∣sessed unto the said G. A. in his Majesties Bench at W. this present term of St. M. as by the Records of the said Court it doth and mayappear.

Neverthelesse it is agreed by and between the said parties. And the said G. A. doth by these presents, his Executors and Administrators, and every of them covenant and promise, to and with the said I. A. and D. R. their and every of their Executors and Administrators, that if the said I. A. and D. R. or either of them, their or either of their Executors Administrators or Assigns, do well and truly pay or cause &c. unto the said G. A. his Executors Administrators or Assigns, the full and whole Summ of 70 l. of lawfull &c. in manner and form fol∣lowing; viz 35 l. in or upon the Feast day of the Annunciation of our blessed Lady St. Mary the Virgin, next ensuing the date hereof, and 35 l. more, residue of the said 70 l. in or upon the Feast-day of the tivity of St. Iohn the Baptist then next ensuing after the date hereof both severall payments to be made in or at the Middle-Temple Hall, London, That then the said G. A. his Executors or Administrators shall give suf∣ficient warrant for the acknowledging of satisfaction upon Record up∣on the said Judgment, and in the mean time the said G. A. his Executors nor Administrators, shall not sue forth or prosecute any manner of ex∣ecution upon the said Judgment against the said I. A. or D. R. their or either of their Executors or Administrators, nor against their or either of their Lands Goods or Chattels: But if default of payment shall be made of the said Summ of 70 l. or any part therof, at the severall daies and place aforesaid, that then the said G. A. his Executors Admini∣strators or Assigns, shall and may take his or their due course in Law upon the said Judgment in that behalf provided: In witness &c.

A Defeazance upon an assignment of a Lease, and a Recognizance for mony lent for certain years, where after the rate of 10 l. per cent. is yearly re∣served payable, during the Borrowers having of the money lent.

THis Indenture, &c. witnesseth, that whereas the said A. B: by his Poll Deed. dated, &c. hath given granted bargained sold as∣signed and set over to the said R: W: for the only use of the said R. and of his Executors and Assigns, as well all that Messuage or Tene∣ment with the Appurtenances, &c. as the Originall Lease thereof made and granted by the said J: H: &c: as by the Deed more plainly and at large may and will appear. And where also the said A: B: by one Recognizance or Writing obligatory &c. as by the said recognizance or writing obligatory doth appear.

And whereas moreover the said R: W: after the making sealing and delivery of the said Deed, hath demised and and letten to farm all the said Messuage with the appurtenances to the said A: to

have and to hold the same to the said A: and his assigns, from the making of these presents, for by and during the term of six years from thence next ensuing, reserving thereof yearly to be paid, during the said term to the said R: W: his Executors and Assigns 10 l: of lawfull, &c: on the fourth day of July, and on the fourth day of January, that is to say, 5 l. on every of the said daies, at the now Mansion house of the said R: W: scituate &c: between the houres &c: of e∣very of the same severall fourth daies of J: and J: and charging the said A: his Executors and assigns with the payment and performance of all other Rents payments Charges and Covenants otherwise to be born for or out of the Messuage, and other the Premisses during the said term of six years, yet nevertheless the said R. VV for him, &c. covenanteth, &c: that if the said A: be now at the ensealing and delivery of their presents, so the owner and proprietor of the said Lease and term of years in the said Messuage, and other the premisses now to come as that he hath lawfull and absolute Right to bargaine sell and assure the same to the said R VV: in form aforesaid, from all former bargains forfeitures, and Incumbrances made by the said A.

And further, that if the said A: B. his heirs executors administra∣tors or assigns, do as well content or pay, & cause, &c, to the said R: VV. his executors or administrators, the said yearly Rent or payment o•• 10 l: yearly during the said term of six years in manner and forme aforesaid, and do save and keep harmless the said R. VV: his executors administrators and assigns, of and for the yearly Rent and Covenants specified in the said originall Indenture of Lease made of the said Messuages and other the premisses to the said R. C, as abovesaid, and of and from all losses and damages to grow thereof, as also do well and truly content or pay or cause &c: to the said R: VV. his certain At∣torney Executor or Administrator, the Sum of 100 l. of lawfull &c. at one entire payment, on the sixth day of Ian: which shall be in the year of our Lord, according to the account &c. 1581. between the hours &c. at &c. that then as wel the Deed and the grant bargain sale and assignment therin specified, As also the said Recognizance, or Writing Obligatory shall be clearly and utterly void and frustrate, as the same or either of them had never been had or made, the same Deed and Writing Obligatory, or any thing in them or either of them con∣tained or specified, to the contrary in any wise notwithstanding.

And also the said R. VV. covenanteth &c, That when and as often as the said R. VV. his Executors or Administrators, or any for him or them, or by his or their. or any of their appointment, shall have or receive any payment of the said yearly Rent of 10 l. or any part ther∣of, according to the tenor and purport of these presents; That then and so often upon reesonable request, the said R. his Executors or Ad∣ministrators, shall deliver to the said A. his Executors Administrators

or Assigns, a reasonable acquittance in Writing, for the sufficient dis∣charge of the said A: his Executors and Administrators, of and for such particular payment so made, without any fraud or covin: And that if the said A. his Executors Administrators or Assigns, do also pay or cause to be paid to the said R. VV. bis certain Attorney Executor or Administrator, the said Sum of 100 l. in manner and form aforesaid, That then upon reasonable request after the said 100 l. so paid, the said R: his Executors or Administrators, shall deliver, or cause &c. to the said A: his Executors or Administrators, the said Originall Indenture of Lease, and such other Conveyances as he hath therewith of the said A. whole, safe, and uncancelled. And also the said Deed and Recognizance or Writing Obligatory aforesaid to be cancelled, without any manner of fraud or covin: In witness &c.

A Defeazance upon a Statute-Staple.

THis Indenture▪ &c. between T: A: of H: in the County of S: Esq; of the one party, and R: C: of C. in the County of S. Gent. of the other party, witnesseth, That wheras the said R. C. hath acknowledg∣ed before the Right Honourable Sir E. C. Knight, one of his Majesties most Honourabe privy Councell; Lord chief Justice of England, one Recognizance, or Statute-staple, of the Summ of 500 l. unto the said T. A. bearing the date of these presents.

Neverthelesse it is agreed between the said parties. And the said T. A. doth for himself, his Heirs Executors and Administrators, covenant and grant, to and with the said R: C. his Heirs Executors and Admini∣strators, by these presents, that if the said R: C: his Executors Admini∣strators or Assigns, or any of them, do well and truly pay, or cause to be paid unto the said T: A. his Executors Administrators Assigns, the Summ of 260 l: of lawfull &c: at or in the now Hall of Cliffords Inne, London, in and upon the last day of July, next ensuing the date of these presents, then the said Statute shall be utterly void frustrate and of none effect, any thing therin contained, to the contrary notwith∣standing:

And also that then he the said T. A: his Executors Administrators or Assigns, shall and will deliver the said Statute to the said R: C: his Executors Administrators or Assigns, to be cancelled and discharged: But if default of payment be made of the said Summ of 260 l: in form aforesaid, then the same Statute to remain in full force and effect: In witness &c:

Vpon a Statute for the warrant of an Annuity.

THis Indenture made &c. Between A. B. of &c. of the one part and C. D. of the other part witnesseth, that whereas the aid A. by one writing or deed of annuity of the date of these presents hath gi∣ven granted and confirmed unto the said B. for the consideration there∣in specified one annuity or yerely rent of &c. issuing and going out of all and singular the Lands Tenements &c. To have hold and enjoy and yerely to receive the said annuity or yerely rent of &c. as by the said deed of annuity more at large it doth and may appear, and wheras also the said A. by one Statute or recognizance of the date also of these presents taken knowledged and sealed &c. is holden and standeth bound to the said B. in the sum of &c. payable as by the said Statute or Recognizance may also appear neverthelesse the said B. is conten∣ted and agreed, and by these presents for him his Executors Aminist∣rators and Assigns doth Covenant and grant to and with the said A. his Heirs Executors and Assigns and to and with every of them, that if the said A. the day of the date of these presents be and standeth soly seized of a good and perfect estate of inheritance in Fee-simple of and in all the said lands and all other the Premisses before in the said deed of annuity mentioned and hath full power and authority in his own right to give and grant the said annuity of &c. to the said B. his Executors and Assigns for and during the said term of yeres in the said deed limited and expressed, And also if the said B. his Executors and Assigns and every of them do or may from henceforth peaceable∣ly and quietly have receive take levy and enjoy the said annuity of &c. out of the lands &c. and all other the premisses expressed in the said deed at the days and times of payment appointed in the said deed for & during the term of years above specified without any let troub∣le denial disturbance or contradiction of the said A. his Heire Execu∣tors or Assigns or any of them or any other person or persons what∣soever they be, And without any act or acts or other Incumbrance committed or done or to be done by the said A. his Heirs Executors or Assigns which shal or may in any wise during the said term be or grow to the prejudice hurt or hindrance of the said C. D. his Executors or Assignes in having receiving or enjoying the said annuity or any part thereof according to the true meaning of the said deed, And also if the said annuity shall begin and be made at the feast of &c. next coming, that then the same Statute or Recognizance shall be void &c.

Ʋpon a Statute for payment of money.

THis Indenture made the day &c. Between A. B. of &c. of the one part, C. D. of &c. of the other part witnesseth that whereas the said C. D. by his Recognizance writing Obligatory or Statute-Mer¦chant taken sealed and acknowledged at S. before R. F. major of the said Town of S. and T. O. Clark of the said town assigned for the tak∣ing and knowledging of Statutes there is and standeth firmly holden-and bound unto the said A. B. in the sum of &c of good and lawfull money of England payable unto the said A. B. his Executors Admini∣strators or Assigns in or upon the feast day of &c. next ensuing the date of the said recognizance writing Obligatory or Statute-Marchant more fully appeareth now the said A. B, for him his Executors and Assigns doth covenant grant and fully agree to and with the said C. D. his Executors &c. and with every of them by these presents that if the said C. D. his Heirs Executors Administrators or Assigns or any of them shall and do well and truly without any fraud deceit or collu∣sion content satisfie and pay or cause to be contented satisfied and paid unto the said A B the severall summs of money hereafter in these pre∣sents mentioned at such dayes places and times and by and under such condition and conditions as hereafter in these presents are expressed and mentioned that is to say in or upon the feast day of &c. if E: B. daughter of the said A. B. or any issue of her body lawfully to be be∣gotten by N. D, son and heir apparant of the said C. D. shall be then in full life the full summ of &c. that then the said recognizance wri∣ting Obligatory or Statute-Marchant taken sealed and acknowledged as aforesaid shall be meerely and utterly void and of none effect or else to stand remaine continue and be in full power force strength and vertue.

Hesketh.

Ʋpon a Recognizance with a Condition.

THis Indenture, made the day &c. between the right honorable Sir W. C. Knight of the most honorable order of the Garter Baron of B: &c. of the one part and the right honorable E: Earle of O. &c. of the other part witnesseth that whereas the said Earle standeth bound to the said W. Baron of B. by one recognizance bearing date &c. and

inrolled in the Queens Highnes Court of Chancery in the summ of 4000 l. of good and lawfull money of England to be paid to the said Baron at the day limited and expressed in the same as by the same re∣cognizance more at large appeareth the said Baron of B. for him his Executors &c: doth covenant grant and agree to and with the said Earle his Heirs &c. that if the said E. his Heirs Executors and Admin∣strators shall and do well and truly observe performe fullfill and keep all and singular Covenants Grants Articles and Agreements comprised and specified in one paire of Indentures bearing date &c. made be∣tweene him the said Baron of B, and the said Earle his Heires Executors or Administrators are and ought to be observed per∣formed fulfilled and kept according to the true intent and meaning of the said Indentures that then the said recognizance shall be utterly void and of none effect.

And further the said W. Baron of B. for him his Executors &c. doth Covenant Grant and Agree by these presents to and with the said E. Executors and Administrators that if the Lady A: now Countess of O, wife to the said E. and daughter to the said Baron. of B. do die no action suit or execution thentofore at any time Commenced taken or sued in or upon the said recognizance for the said summ of 4000 l: nor any parcell thereof, that then and from thenceforth the said Recognizance shall be utterly void and of none effect, In witness, &c.

Ʋpon an Indenture to which it relateth.

THis Indenture of Defeazance made, &c: between W. L: of H: in the County of L: yeoman of the one party, and J: P: of B. in the said County yeoman of the other party, witnesseth; that whereas the said I: P: by his Indenture of Assignment, bearing date, &c: For the consideration in the said Indenture of Assignment, specified and decla∣red, did demise grant set and let over unto the said VV: L. and his as∣signes, one peice or parcell of pasture Land, called or known by the name of &c, containing by estimation five acres, be it more or lesse in B aforesaid, together with all waies entries passages waies, waters wa∣tercourses &c: thereunto belonging, or at any time heretofore known reputed or taken as part or parcell thereof, to have and to hold the said peice of pasture Land, with all and singular the Appurtenances thereof unto the said VV L his Executors Administrators and assigns, from and immediatly after the day of the decease of the said I P for and during all the Term time and space, and unto the full end and term of sixty years, then next following, to be fully compleat and

ended. If the Remainder or Remainders of the naturall life or lives of W P. G P. and J P. sonnes of the said J P. party to these presents or any of them do fortune so long to live, as in and by the said reci∣ted Indenture of Assignment relation thereto being had more plainly and at large it doth and may appeare. Now this Indenture of De∣feazance doth further witnesse. That the true intent and meaning of the said Indenture of assignment, and of the said parties thereunto was, is, and shall be. That if the Executors, Administrators or Assi∣gnes of the said J P. partie to these presents, or any of them do and shall well and truly content, satisfie and pay or cause to be well and truly, &c. unto the said W L. his Executors or Administrators or any of them, the full and just summe of 40 l. of good and lawfull money of England within one yeare next after the decease of the said J P. party to these presents, at or in the Church porch of W. in the said County of L. If J P. Wife of the said J P bee then living: But if the said I. be then departed this life, then the said 40 l. to cease to be paid, And that then and from thenceforth after the day of the decease of the said I. or the payment of the said 40 l. which shall first happen. That then the said Indenture of Assignment, and every Covenant Article and Clause therein contained to be utterly void and of none effect. And that then and from thenceforth the said W L his Executors or Assignes are to surrender and redeliver the said Assignment to the Executors, Administrators or Assignes of the said J P. party to these presents. And that also the Executors, Administrators or Assignes of the said I P. are then to stand and be lawfully seised, possessed, estated, and interessed, of and in the said peece of Pasture-Land with the appurtenances thereof, during the remainder of the said Indenture of assignment, any thing herein con∣tained to the contrary thereof in any wise notwithstanding. In Wit∣nesse, &c.

Ʋpon a Statute Staple.

THis Indenture made, &c. Between A B of &c. of the one part and C D. of &c. of the other part. Witnesseth that whereas the said C D. by his Recognizance in the nature of a Statute Staple bearing date with these presents, and taken and acknowledged be∣fore Sir T L Knight, Mayor of the staple, and I G Esquire Recor∣der of the City of London, is and standeth bound to the said A B. in 4000 l. of lawfull &c. payable as by the Statute or Recognizance appeareth. Now this Indenture witnesseth that the said A B. is con∣tented and agreed and by these presents for themselves their Heirs,

&c. Do promise, grant, and agree to and with the said C D. That if the said C D his Heirs, Executors, Administrators and Assignes, and every of them do and shall well and truly observe, pay performe, ful∣fill and keep, all and singular the Covenants, Grants, Articles pay∣ments, promisses conditions and Agreements, and all other things which on his or their part, and behalfe, are to be observed, &c. men∣tioned and contained in one pair of Indentures, bearing date, &c. made between the said, &c. according the tenor, effect and true meaning of the said Indenture without fraud or guile. That then and at all times then after the said A: B: his heirs, executors, and ad∣ministrators, at the request of the said C. D. his heirs, &c. shall de∣liver up the said Statute or Recognizance to be cancelled and made void. In Witnesse, &c.

To save harmelesse a Suerty.

THis Indenture made, &c. Between A. B: of &c. of the one part, and C. D. &c. of the other part: Witnesseth that whereas the said A. B. hath upon his credit the first day of this instant month of M: at the speciall instance and request of the said C: D. taken up by way of exchange for the furniture of the affaires and businesse of the said C. D. the summe of 100 l. of lawfull English mony. And all the said summe of 100 l. hath before the insealing and delivery hereof fully paid and delivered to the said C. D. whereof and where∣with the C. D. acknowledgeth himselfe well and truely satisfied, contented and paid, and thereof and of every part and parcell there∣of cleerly acquiteth and dischargeth the said A B his executors and administrators, and every of them by these presents. And whereas also the said C. D. by one writing Obligatory made according to the Statute l••tely provided for the recovery of Debts taken knowledged and sealed before Sir J. D, Knight Lord Chiefe Justice of the Com∣mon Pleas at Westminster bearing date, &c. standeth bound unto the said A B. in the summe of 200 l. of lawfull English mony pay∣able at the Feast of &c. next ensuing the date hereof, as by Bond Obligatory or Statute more at large it doth and may appeare. Ne∣verthelesse it is covenanted, granted, condescended and agreed by and between the said parties to these presents in manner and forme fol∣lowing. (That is to say) The said A B. for him his heirs, &c. doth Covenant, &c: to and with the said C D. That if the said C D. his heirs executors, administrators or assignes, or any of them, Do well and truely pay or cause to be paid unto the said A B. his executors, administrators or assignes or any of them, in or upon the twentieth

day of M: next coming after the date hereof, at the now dwel∣ling house of the said A B. Scituate &c. all the said summ of 100 l. of good and lawfull money of England: Together with all summes o money, costs charges, losses and damages that shall arise, grow come or be payable by reason of the taking up thereof in exchange or otherwise without fraud, Covin or delay. That then the said wri∣ting Obl••gatory or Statute to be void. &c. Or else, &c. In wit∣nesse, &c:

Ʋpon performance of Covenants upon marriage:

THis Indenture made, &c. Between E of VV. D. in the County of O. Esquire of the one part, and VV D. of C. in the same Coun∣ty Esquire, T H. sonne and heire apparant of R H. of S. in the same County Esquire, and D: H. of London Gent: of the other part. Witnesseth that it is covenanted concluded and agreed, by and be∣twixt the said parties for divers urgent and weighty causes and con∣siderations in manner following. That is to say: That he the said E: VV. shall and will on this side, and before the Feast day of Saint Michaell The Arck-Angell next insuing the date hereof knowledge in due forme of Law, and become bounden unto the said T H. and D H. in one single Obligation or Bond of Statute Marchant in the summe of 8000 l. of good and lawfull money of England without Condition therein or thereupon included, subscribed or indorsed: And yet neverthelesse the said VV D. T H and D H. and every of them for them and their Joint and severall executors and assignes, do covenant and grant to and with the said E VV. his heirs and assignes: That if the marriage of espousalls heretofore incepted and had be∣twixt I VV: sonne and heire of the said E VV: and A. the now Wife in facto of the said I. and Daughter of G O, of P. in the Coun∣ty of VV Esquire, shall be hereafter lawfully and perfectly consum∣mate at or after such time as he the said I: VV shall accomplish, and be of his lawfull age to consent to the said marriage, viz. of or above the age of fourteen years, and that the said G O hath heretofore and shall hereafter observe, performe and keep all and singular the Co∣venants, grants and agreements of his part to be observed and kept, mentioned in one paire of Indentures, made betwixt the said E VV. and the said G O. for and touching the payment of such summes of money as were agreed to be paid by the said G O. for, or in respect of the said marriage. Or otherwise if the said now incepted marriage or espousalls shall be hereafter dissolved by any means whatsoever, Then if the said E VV. shall and do permit and suffer.

A Deputation of a Steward-ship.

THis Indenture made &c. between W: K: Esquire, Steward of the Honour of B. in the County of H: and the Mannors and Courts thereunto belonging, of the one party, and I: H: Gent. of the other par∣ty, witnesseth, That the said VV: K. hath made, ordained, constituted, and appointed, and by these presents, doth make, ordain, constitute, and appoint the said I. H. his Deputy, Steward of the Honour aforesaid, and the severall Mannors and Courts thereunto belonging, and by these presents doth give and grant unto the said I. H. the Deputation and execution of the said Office of Steward of the Honours and Mannors aforesaid; To have, hold, enjoy, and exercise the said Office to the said J: H. for and during the naturall life of the said VV: K: together with all Fees Regards Profits Allowances Preheminences Com∣modities and Advantages whatsoever to the said Office in any manner of way belonging or appertaining, so long as the said J: H shall have and exercise the said Office, in as large and ample manner as the same is granted by G. F. and G: P. by their Indenture bearing date &c. to the said W: K: except the Fee of 5 l. to the said W. K. granted by the said Indenture, for the execution of the said Office: In witness &c.

Notes

• * 1.1

  Recitall of an Indenture of Bargain and Sale conditio∣nall.
• * 1.2

  Forfeiture for default of the Condition.
• * 1.3

  Coven••nts to stand seised to the use of the first Grantor upon the pay∣ment of a summ of money at a certain time.
• * 1.4

  A fair Ulterior assurance.
• * 1.5

  Statute.
• * 1.6

  Deseazance. to save harm∣les. or Recompence.
• * 1.7

  Or Recompence
• * 1.8

  That then &c.
• * 1.9

  To convey land by a day.
• * 1.10

  By the name.
• * 1.11

  Ʋse of the Con∣veyances.
• * 1.12

  Cov••nant for the va••ue.
• * 1.13

  Discharges of incumbrances. Further Assu∣rance.
• * 1.14

  Ʋse to be rai∣sed in other Land in case of Eviction.