THE FIRST PART OF SYMBOLEOGRAPHY, Which may be termed the Art, or description, of Instruments and Precedents. Lately perused and amended by WILLIAM WEST of the Inner Temple Esquire, first Author thereof. Alij multa perficiunt: Nos nonnulla conamur: Illi possunt: Nos volumus. Ingenij cibus Studium, studijque diligentia. AT LONDON, Printed by Thomas Wight and Bonham Norton, Anno 1598. CUM PRIVILEGIO Regiae Maiestatis. Viro jurisprudentia, pietate, & aucthor●●ate praestantissimo, Edmundo Anderson Militi, Regiae Maiestati judici primario civilium actionum, patrono suo omni obseruantia colendo, W. West judicijs diu ac foeliciter praesidere ex animo optat. SF squiannus iam est (Vir ornatissime) ex quo primum hoc opus Symbolaeographicum opera curaque mea sub faustiss●mis nominis tui auspicijs in lucem foeliciter prodijt. Cogitari certé quidem vix potest quanto hominum studio atque applausu (te patrono) fuerit acceptum, adeò ut nihil unquam eiusdem generis ipsis gratum magis aut probatum haberetur. Veruntamen quemadmodum alijs etiam in rebus usu venire assolet, nihil primo ut nascatur perfectum: Itidem & in hoc negotio non potuit non contingere, quin nonnulla nec plené, nec accuraté satis polita atque descripta essent: Quinimo plurima, partim quidem desiderata, partim verò redundantia, partim etiam indigesta essent. Quibus quidem incommodis ipse aliquando mederi constitueram, quod ne integre praestare pocuerim, multa me etiam hactenus impediunt. Nam (si quod verum est libere fateri liceat) quamprimum Typographus exempla omnia priora (spe citius) distraxisset, ne speratum inde lucrum diutius expectaret, me tandem ex improviso nil tale adhuc somniantem, immo alio destinatum, de nova etiam editione statim ineunda summonu●t: vehe●●enter rogitans, ut teneram atque informemistam prolem, laeto vultu agnoscere, fovere, ac ad ursae instar relambere non dedignarer. Illius autem petitioni honestae certe, (mihi tamen tunc temporis plurimis magni momenti negotijs implicato non satis aequae) non potui non assentire. Ex quo enim, hanc commentandi provinciam semel suscepissem, nihil prorsus mihi potius tentandum videbatur, quam ut, in quo congerendo aliquantulum â me iam elaboratum est, in eodem etiam digerendo atque honestando diutius adhuc immorarer, ipsumque denuo typis excusum auctiorem, adeoque emendatiorem exhibere curarem. Quae igitur tantillo tempore ad hanc rem conferre potuit mea tenuitas, ea omnia libentissime contuli. Cumque in illa priore editione Hebraea aliquot, Graeca autem non pauca, interseruissem, illa nunc omnia ne imperitiorum studia ac progressus, obscuritatis specie, linguarum ignorantia remoretur, penitus sustuli: ipsorum potius utilitati, quam meae aestimationi inseruiens. Nam, utcunque se res habet, ex usu mihi omnia aestimanda atque approbanda videntur. Quod vero iam postremum atque omnium adeo maximum est (vir illustrissime) ut hos meos labores qualescunque, non minore, quam illosid genus priores, benignitate excipere, & patrocinio iam secundo tutari velis, te etiam atque etiam rogo. Te denique (jurisconsultissime) eternus judex, non Anglicano tantum Regno, Regiaeque Maiestati serenissimae sed universis quoque verae Iurisprudētie vere studiosis quam diutissime servet incolumen. Vale, Rotheramiaes, Maij octavo. Tui honoris studiosissimus W. West. The Table of the first part of Symbolaeography. A. Acquitances. OF an Annuity 484. In discharge of an Annuity 500 By an Attorney 502 By a bailiff 486 Of the farm of a Benefice 487 For creation money of an Earl 492 By a Deputy 503 Of part of a Debt 491 Of recompense of Dawer 490 Of Exhibition money 485 General with a Proviso 496 To save harmless 501 For lands mortgaged 483 Of a Legacy 499 Of money to repay an other 489 Due by Recognisance 498 By an Obligee 495 Of a Rent 486. Of rend charge 488. Special 497 Of Tenths 494 By a Vicar 493 Administrations. By the Archb. of Canterb. 652 By tharchbishop of York 653 Letters of Arturney to take administration 545 Letters of administration 650 Aduow●ons. Of a deanery of a College 333 In fee 338 Grant thereof 597 Of a Parsonage 332 Of a Prebend in a college 335 Of a Vicarage 334, 336 Annuities. Acquittance thereof 484. 500 Bargain ●nd sale thereof 397 By a Bishop 132 Pro corsilio & auxilio 307. 312 To daughters 82 To begin after death 310. 11 In allowance of Dower 458 Upon condition to claim no Dower 309 Earl Martial 351 Grants thereof 298. 301 With a pain 303 Out of the Hamper 378 Out of lands 320 For term of life 312 For promotion of marriage 319 Saved harmless of encumbrances 150 As long as he shallbe parson 308 For Releasing 322 For Divine service 318 Pro Seruitio 309 To younger sons 82 Made by fcoffor in use 282 Warrant for payment thereof 571 Appearance. Before the Q. Council 204 In the R. Bench 207 In the Common Place 203 Upon a Latitat 209 Of Pirates 212 For the Peace 288 Appropriation. Of a Parsonage 339 Assignment. The Lessee shall not assign 315 Of glebe and Tenths 432 During minority 454 Of Statutes 456 Of a Ward 455 For years 483 Atturnment. Defined 382 Indorced 382 With livery of seisin 383 Of tenant for life 383 By divers tenants 383 A deed of Attornement 384. 385 B. Bargain and Sale. Of Annuity 397 Of Copyhold lands 401 Defined 393 Enrolled 393 Of lands 395 Of a Manor 396 Of a Mesuage 394 Of a Parsonage 400 Of a Reversion 398. 399 Of Timber 404 In trust to Uses 284 Of a wardship 402 Of wheat 403 Of wood 405. 406 See Alienations & Leases. Bills To a Bishop 102 With dates of payment and a penalty 102 Defined 100 Indented 101 To Merchants 102 For money lent 101 By one to one 101. 102 Without a penalty 101 To the Queen 102 Renouncing sanctuary & protection 102 To a Sbirife 102 For things lent 101 By three to three 101. 102 By two to two 101. 102 Of Sale 428 C. Certificate. Of royal assent 574 Of a Statute 606 For payment of Substdie money 631 Conditions of Obligations and Recognizances. Defined 110 To pay money at a certain day 111 At two days 112 To pay money and deliver wool 113 For the farm of Rind and redelivery of them, or money 114 To redeliver Sheep or money 115 To pay money or knowledge a statute staple 116 To pay money by a day, or to yield to an arrest 117 To pay money for a chain of gold upon descent of lands to his wife 118 To pay after eviction 119 To pay money after return from etc. 120. 121. at his return marriage or death 122. 123 To pay children's parts 124 To pay a rent 125 To pay an Annuity, and not to sue a Replegiare etc. 126 To repay money received with a apprentice 127 To deliver faggots 128 Ti pill and cell wood, make and deliver faggots 129 To deliver Codfish 130 A last of Salmon 131 Dyles 132 Led 133 Salt, or to pay money 134 Plate lent 135 Corn 136. 137 Coals 138 To carrle coals 139 To seal an Obligation with a surety 140 T 'cause one to seal an Obligation 141 To Release etc. 142 To make a jointure 143. 145 To make anestate 144 For further assurance 146 For making of a lease 147 To perform an exchange 148 To remfeosse 149 To grant annuity 150 To surrender customary lands 151 To make a boat 152 To make an estate of lands by fine 153 To make reparations and fences 154 To warrant wood, or any like thing 155 To warrant the sale of a shop 156 To enjoy lands quietly, 157. 159 Peaceably to enjoy Corn or grass 158 To suffer one to enjoy lands recovered 160 To save harmless 161 That lands be discharged 162 To defend the title of lands recovered, and to pay the costs thereof 163 To pay money for marriage 164 To bequeath goods to a wife 165 To get the assent of the Court of wards to let lands 166 For the occupation of two boats and certain nets 167 To put chase and cell 168 Not to pursue an appeal, 169 Not to prosecute any action in spiritual court 170 To perform covenants 171 To perform an award, 172 To perform an award of lands & to shewevidences 173 That a Apprentice shall not waste his master's goods 174 For a servant or apprentice 175 Not to disannul a letter of Attorney to receive debts 176. for lands 177 To perform a will 178. and save harmless the executors thereof 179 Not to meddle with executorship 180 Not to do any act as executor without consent of his coexecutor 181 Not to cell lands but to the obligee for a sum certain 182 That ●●●ans wife shall claim no dower but release upon request 183 That an estate is good, and that the wife shall claim no dower 184 Not to be surety 185 Not to play at dice 186 To pay money or save harmless of a recognizance 187 To save harmless of a bond 188. Of a bond for the peace 189 To save harmesse a surety in the Guildhall 190 To discharge his bails in the R. bench 191 To save his bail harmless & tender himself prisoner if etc. 192 To save harmless, or covenants for the sale of woods 193. of a recognizance 194. of debts and legacies 195. 196. from suits in law 197 To keep the peace and appear to the Q. counsel 198 To keep the peace, 199. and to be of good abearing 200. 202 For appearance in R. bench and good abearing 201. in common place 203 To give evidence against felons 204. at the Sessions 305 To appear at next Sessions 206 To appear in R. bench for the peace 207 For behaviour and not to resort to the obligees house 208 To appear on a Latitat 210 To return cattle replevied 211 That Pirates shall appear at next jail delivery 212 Of a recognisance for brewing 213. 214 Of an Alehouse keeper 215 To find meat ●rinke and other necessaries during life 219. 220 To leave his wife worth etc. 221. 222 To suffer his wife to make a will 223. or to give certain goods during her life 224 To pass an account & procure discharge for a sheriff 225 For executing of a Bayliwike 226. 227 To resign a vicarige 228 To renew sureties, 229 To altar uses 273. 274 Confirmation. Of an Annuity in allowance of dower 458 By the Bishop, Deane & chapter 447 Defined 457 In Fee 457 By the ordinary & patron 459 Of the Office of the keeper of a park, bailif & steward 457 Conveyances. Not without consent of Inhabitants 289 Upon trust 284 To uses 265. 266. 283 Copies of court roll. Bargain and sale of Copyhold lands 401 What a Copiholder is 603 His confession 627 Feossement thereof 245 Assured by Fine 76 To the husband & wife 629 Instructions for making of them 605 For two lives 619 By a man and his wife 622 Release by Copy 628 With Remainder 620 The tenant repairing 626 The Style thereof 604 Made by the Surucior 623 The Lord to find timber 625 Where the ●●ire is admitted 606 Of an Admittance in see 607 After a Seizure 610 In fee by the Lord 611 In ancient Demesne 614. 615 In tail with Remainders 616 See Surrender. Covenants. The words thereof 58 Between two and two 58 Between three and three 58 Between executors 59 To sue statutes 60 To discharge executors and procure Release 61 To prosecute suit 62 To surrender Copyhold land 63 Touching thassignment of executorship 64 For speedy trial & quiet occupation in mean time 65 To make assurance 66 To assure lands to save harmless of recognisances 67 To make assurance in tail after a fine knowledged 68 Not to cell but to the vendee 69, 422 Not to take advantage of former covenants if lands descend not 70 To show evidences to maintain another's Interest 71 To deliver writings upon notice of suit 72 To lean Iron mills furnished in default of payment 73 To be seized to those of lessees performing covenants 74 Of an undershirife to execute his office, and to save the high sheriff harmless 75 To make a leas for years by fine of Copyhold lands 76 That the feffor hath done no act but that he is seized and so will continued 77 Not to cell lands but to T. R. without his licence 79 Between the master of the court of wards & thereupon livery to be sued. 80 Of marriage and jointure to be made 81. 82. 85. 86. 87 Of marriage of a king 83 To make jointure 88 Of marriage & to levy a fine & suffer a recovery 88 To pay conditionally 89 To lead the use of a fine & to levy the same 90 To levy a fine & to make other conveyances to continued the lands in his strname 91 Limiting those of a single fine levied by the husband & wife 92 That upon agreement to cell, an estate shall cease 93 To levy a fine upon grant and tender 94 To levy a fine etc. 95. to uses 96. and that the con●see shall grant the lands in tail etc. 97 Limiting uses of fines & recoveries with a covenant to restrain the liberty thereof 98 Limiting uses in tail not to be discontinued 97. 99 To agreed upon an action 65 To do further acts 63 To divide parts upon agreement. To stand bound for accomplishment of etc. 60 To bear chargee in prosecuting 62 To charge lands 60 To keep a Court. 68 To devise for lives or years ●2 To occupy grass in common 65 To june hay 65 Neither party to ●urt other 65 For discharging of encumbrances 66 For quiet enjoying till money paid 78. 305 288 To pin chase lands to the value 265 To save harmless 501 of legacies 59 To found necessaries 424. 436 For quiet occupation 109. 66 Of partnership 510 To recenter for default of issue male 68 To departed upon repayment 316 To stand seized 77, for default of issue 81 Not to travel etc. 66 To leave his wife worth 82 That rent cease upon eviction 434 That the lessor may enter and falow 446 which may be used in seizes 450 That cet●quse shall dispose the profits for education of the feffors children 268 Not to bar or extinguish Remainders 269 That feffees in use shall do not act to frustrate uses 270 that the lessee may lordship woods 313 That the lessor may enter and make fallows 314 That the lessee shall not assign 315 By the lessee to departed 316 D. Debt. REspited upon a safe conduce ●●5 Defeasances. Upon bargain and sale 408 To make a Lease according to an old lease 232 Of an Obligation 230 Of a recognizance 231 Of a rent by obtaining estate in lands ●07 Of a statute Staple 233. knowledged before the chief Iu●●●●e etc. 234 See Statute Staple. E. Executon. See Conditions. Execution. See Covenants. Exchange. 513 514 A grant thereof 511 Granges in exchange 512 Of lands 515 F. Fee Farm. IN mortgage 410 feoffment thereof 420 Feoffements. In ancient damesne 246 Of Copyhold lands 245 Of a Decree 239 Defined 235 By executors 241 In see 238, in fee farm 420 For maintenance of high wa●es 289 Of an Hundred 243 To the husband & wife 244 Of lands descended 236 Of lands purchased 237 With a letter of Attorney 238 In London 242 If a manor recovered 240. 250 Until money be paid 260 Word for Nonpaiment 265 Of lands given by Testament 249 Ad i●●●ntionem refeoffandi 247. 248 For discharge of tars and fifteens etc. 289 In trust to uses 289 To uses alterable by the feoffor 271 G. Gifts. IN Franckmariage 258 Of goods 423. 424. 425. 426 In special tail 256. 257 General 254, with remainder over 255 Grants. Of Adnowson 332. 333. 334. 335. 336. 338. 597. Of an Annuity 298. 299. 301. 303. 306. 307. 308. 309. 310. 311. 312. 313. 318. 320. 321. 322. 332. 333. 334. 335. 336. 338 Departed of an Annuity 300 Of an Annuity out of the hamper, wine out of the K. seller etc. 378 Of a pension in recompense of an Appropriation 323 Of an Auditorship 367, of the Exchequer 366 Of an Aulnageorship 343 Of a Batliwike 345 Of liberty to a Bondman 308. 381 In Capite 386 Of offices of Chamberlain of the Exchequer, justice in heir keeper of Castles etc. 350 Of the Clerkeship of the peace 347, of the Hamper 375 Of a collation 337. 354. 356 Of a common 291. for sheep 294 Of a Constable and master of a Forest 363 Of a Corodie 324 Of Custos Rotulorum 346 Defined 290 Of Exchange 511 Of a Fair 361 Of a fellowship 376 Of Goods 425 Of herbage and pannage of a park 374 Of an idiot 365, with his lands 368, 370. Of the incorporation of a town 390. by the king 391 Of the tuition of a Lunatic 369 his family 370 Of liberty to repair 326 Of a manor or Lodge 355, 373, 389, with thadvowson 387 Of marriage 329. 330 Of a mesuage 353 Of the Earl Marshal's office & honour with annuity 351 Of a Parkership 371, 372 Of a Patronage etc. 388 Of th'office of the Pipe in reversion 379 Of a Parsonage in pure alms 357 Of a prebend 358, 360 Of a reversion 291, 292, 302, to the Q. 295, revocable by tender 296 Of a Rend charge 305, with a Nomine Pene 304, 305 Of a fee or chief rent with homage and service 317 Of Receiver and surveyor with fees 377 Of a safeconduct 325 Of Stewardship 340, of a corporation 341, 388, during pleasure 344 Of a Scribe or Register 348 Of surueyorship 349, 364 Of turbarie 293, 374 Of understewardship 342 Of a Wardship, within age 327, 328, 331 For life without impeachment of waist 352 Of a Warren 359 Of a special livery and ouster le main 292 I. Indentures. For a apprentice 582, 583 Iruentarie. Of goods 654 To exhibitean Inuentarie 546 jointures. See covenants, conditions & uses. L. Leases. AS signement to uses 2●7 Reserving Barley 433 Of a brewhouse 438 Of Charter lands 443 Of Corn 439 Covenants for Leases 450 By a Deane & Canons 436, with Dispensation of 21. H. 8. 362 To try a title by Ejection firm 449 With Exceptions 432 By Executors 448 Of fish and ponds 441 Of a house 431 Given by the first husband, and conveyed in trust, that her second husband cell it not 286 In trust in steed of jointure 285 Liberty to make leases 275, 282 Of Milles 442 Of a mesuage 430, 435 Made according to the old lease 232 By the patron & parson etc. 447 Of a Parsonage 444, 445 Reservation of power to make leases 84 In the court of wards 437 Of a warren 440 At will 452 Warrant to deliver a lease 539 Warrant of Attorney to make leases 538 For xxi. years 84 From year to year 151 Legacies. See conditions, Covenants. Letters of Attorney. To account 546 To make Acquittance 530 For special debt 520 To receive debts 530 To enter for nonpayment 519, 529 By executors 522 General 533 To alien lands 532 To oversee lands 519, upon the R. licence 523 By a Mayor & communality 518 To receive money 517 How necessary 516 To seal an obligation 531 To receive possess. 525, costs of the sheriff 526 To take possess. 527, of lands extended 518 To deliver possession 524 To recover and retain 521 Revoked 537 To sue 534, to a court, 535 To exhibit a will 546 See warrants of Attorney. Letters Missive. For an advowson 664, 686 To a bishop 587 To a Deane and Chapter, 585, 586 By the King 584 Between subjects 588 Letters of substitution 536 Licences. To alien lands in cap. 567 To cell Ale 557 To keep an Alehouse 558 For apparel 540 For badgers of corn 568 To beg 559, 560 To brew 554 To wear a cap 591 For a Crossbow 547. 548 To buy hats beyond sea 561 To purchase in Morimain 556 To be Nonresident 553 To make a Park within liberties 563 To be absent from Parliamnt 552 To Retain men 550 To teach and erect schools 564, 565 To shoot in handguns 549 To keep a Tavern 555 Warrant for a licence to elect a bishop 572 To transport wool 569 To danuse for years 624 Livery of ●e●sin. Defined 251 Entering thereof upon the deed made in person 252, by Attorney 253 M. Marriage. SEe Conditions, Covenants, Grants, and jointure. Mortgage. Acquittance for lands mortgaged 483 Upon condition to pay 409 Of a fee farm 410 Of lands 411, 413, 416, 418, 419 To found meat 414 Upon payment 413, 415 To save harmless 412 Release by the mortgagee 470 O. Obligations. See Bills. Offices. See Grants. P. Partition. Between coparceners 507 Between jointenants 508 Of lands descended 504 Of land purchased 509 Amongst four parceners 506 Partnership. 509 Covenants thereof 510 Passport. 562 See licences Pawues. Of a chain of gold 429 Of plate 427 Petition. For erecting a School. 566 Presentations. To an Archdeacon 590 To a chantry 594 By a master of an hospital. 595 Post mortem incumb utis. 596 Notes touching pnsentations. 598 To a parsonage 589. 593. To a prebend 591. 592 Voided by resignation 602 ●●de vacan●e. 599 See Aduowsons'. R. Recognizances. FOr good abearing 104 In the Admiralty 103 Acquittance of money due thereby 498 For alehouses 104 Before the Barons of the exchequer 104 In the Chancery 103 Defeasauces thereof 231 Defined 103 To give emdence 104 Before a Justice of the common pleas 104 Single before a just of p. 103 Lands assured to save harmless thereof 67 For the peace 104 To appear at sessions 104 For keeping a Tavern 104 releaseth. Of all actions 471 Of Amerciaments 478 Of an appeal 474 In performance of an award 477 By copy 628 Defined 466 Of dower 630 Of ercors 481 In a writ of entre 480 Between foeffees 476 General 482 Between ●oint loesses 475 Of communication of matrimony 473 By the mortgagee 470 Of the peace 479 Of a prisoner 542 Of a Q●●●●impedi● 472 Of right in lands 468 To 〈◊〉 of ●ree hold 467 To 〈◊〉 for years 466 To the vendee 469 Reservation. To make leases 84 Suit of court reserved 291 Resignation. Of a benefice 601 Reversion. See Grants. Revocation. Of administration 544 Of a letter of Attorney 537 S. Sales. Upon condition 417 Reserving rend 421 Of a reversion 297 Bill of sale 428 See Bargain and Sale Statute Merchant. Knowledged before bailiffs 106 Certificate thereof 106 Defined 105 The form 106 Lands extended by statute merchant 528 Assignment of statutes 456 Statute Staple. Defined 107 For debt 108 Improper 109 Where and when void against purchasers 108 See defeasance. Subsidies. Certificate for payment thereof 631 Surrender. Upon condition 464 Out of court 621 Defined 466 Of an estate for life 461 Of leases for years 465 To one in remainder 462 To one in reversion 463 Before the Steward 618 See Alienations and Copies of Court Roll. T. Trust. feoffment in trust to uses 289 New feoffees in trust after death 289 Leases in trust in steed of jointure 285 See Bargain and Sale, Leases and uses. Testaments. See wills. V Uses. Upon Alienation 264 After Alienation, Bargain or sale shallcease 99 Assignemnt of a lease to uses 287 Conveyance to uses in jointure 84 Altered and created new 272 273. 274. 279. 280. Limitation of uses 278 covenant to altar and raise uses 279. 280 Proviso for discontinuance of uses 281 A liberty by use to make leases. 282 Cease upon discontinuance 83 84 In consideration of debts 267 Feoffements to uses, 259. trust to uses 289, if sureties be saved harmless, 261 For want of issue to cease 99 Limitation thereof 278 Recovery to uses 81 Stand seized to uses 84. of Lessees 74 A Schedule limiting uses, 262 263 Declared by Testament 277 divers clauses touching uses, 84 Proviso for feoffor in use to make anuities and jointures 276, and leases, 275, 282. W. Warrants. TO pay annuity 579 For royal assent 573 For election of a Bishop 572 For a Buck 576 Dormant 575 To arrest a Fugitive 578 To return a jury 580 To pay money 570 For the peace 577 To make Replevin 581 To take a vagabond 579 Warrants of Arturney. To prosecute actions 543 To revoke administration 544 To deliver a lease 539 To make leases 538 To receive possession 541 To release a prisoner 542 To deliver and receive writings 540 See letters of Attorney. Wills and Testaments. Perfect forms thereof, 642. 643. 644. 645. Codicils before & after wills, 648 649. Dours in wills resolved by executors. 646 A gift to perform a will 424 To bind lands by william. 647 FINIS. THE FIRST BOOK OF SYMBOlaeography, describing the Method and form requisite to be observed in making of Instruments Extraiudiciall. ¶ What Symbolaeography is. SYMBOLAEOGRAPHY is an Art or cunning, Sect. 1. rightly to form & make written Instruments. Symbolaeography, is either judicial, or extraiudiciall. Symbolaeography extraiudicial, is the first part thereof, which is altogether occupied in the description of such Instruments, as concern matter not yet judicially in controversy. Which be of two sorts, namely, Instruments of agreements, or Contracts, and of Testaments, or last wills. For the easier understanding whereof, before we take in hand to describe them, it seemeth convenient in some sort briefly to peruse & set down the several natures of Contracts & last wills, and of such Obligations in law, as they breed the stuff or matter (whereof such Instruments are to be made:) beginning with Obligations. Obligations. ¶ The definition or description of obligations and the causes thereof. AN Obligation therefore is, the second head, in which the right Sect. 2. of persons is seen: all whose substance consisteth not in this, that it should make any body or service ours: but to bind another to us, to give, do, or perform some thing. Hereupon an Obligation is defined the right of a person by which he hath an other person bound unto him, to pay that he oweth. And it standeth in this point, that some thing be done or performed: And the same either a thing, or a person, and either the thing itself, or the interest or damage, or both together. And all the doctrine of Obligations consisteth either in making of an Obligation, or in the dissolving of the same, when it is made. The constitution or making of an obligation resteth in the causes and manner of making thereof. The supreme cause (which is also common to all other effects of law) is right, the inferior cause thereof is the act of man, which rather giveth occasion of thobligation, then induceth the same. For although to the making of obligations, the mind & will of man be very necessary, yet thereof ariseth thobligation, not for that a man wileth, but for that right & fact granteth such obligation to arise: And on the other side it happeneth often, that a man will not be bound, and yet nevertheless is bound if he commit any such thing by which right will have him to be bound, as in Obligations with offences. Right therefore is the chiefest cause of obligations, the fact of man the remote cause, sine qua non: that, the principal cause, this, the secondary. And therefore it is termed the bond of right, or law. Of Obligations, some be simple and some mixed. A simple or single Obligation is that which leaneth upon right only, that is natural right, or civil right only. Which so is either natural or civil. The natural Obligation is that whereby a man is bound to yield that only which he oweth naturally: And that is also called the right of the Law of nations. A civil Obligation is whereby a man is bound by civil Law, to tender that which he aught civilly. A mixed Obligation consisteth of both laws, natural and civil. In every Obligation the one is called the creditor, or obligee, the other the debtor or obligor: And by divers other more special names, according to the sundry forms of Obligations and Contracts: as feoffor and feoffee, lessor and lessee, grantor and grantee, donor & donee, vendor and vendee etc. The creditor is he to whom any thing is due by obligation. The debtor, he that is bound. Such is the distinction of obligations by the efficient and original cause thereof. ¶ Of the fact of Man. NOw the fact of the person & the person himself are to be considered Sect. 3. The fact is the covenant or agreement or th'offence, which two are the only way of making obligations. The person is he which either agreeth or offendeth, and beside him none other. And both may be bound either mediately or immediately. Immediately if he which is bound do agreed. Mediately, when if he which by nature differeth from him, but not by law whereby as by some bond he is feigned to be all one person, doth contract or offend, of which sort in some cases be those which be in our power, as awife, a bondman, a servant, a factor, an Attorney, or procurator, exceeding their authority. ¶ Of Covenants and agreements, and who may make them. A Covenant is the consent of two or more, in one self thing to give Sect. 4. or to do some what. This consent is here of them which both by nature may consent, & to whom it is by law permitted to consent. For all which by nature can consent, cannot also consent by law. But all may consent of what Sex soever they be, male or female. But age hindereth some, and some the defect of the body, as dumbnes, deafness, blindness, and some the defect of mind, so that they cannot consent. Age hindereth those which be within the age of xxi. years: defect of the mind those which be of full age. And nature both with the consent of law, but not all after one sort. Infants which understand not what is done can therefore neither Minor. make Obligation, nor Covenant, either civil or natural which may take beginning at their persons, except such as be of the age of discretion, that is, males of the age of xiiii. years, & females of xii. years, which may covenant and be bound in some cases, as for necessary food, raiment, schooling, instruction, and marriage etc. or as executor to an other. Doct Stud. li. 2. cap. 27. The vice or defect of the mind, as madness, Lunacy, Ideocie, hindereth Furiosus, Lunaticus, Ideota. the making of agreements, and contracts. ¶ Of Consent true or feigned, or in deed and in Law. furthermore, the consent in Covenants, is two ways considered, Sect. 5. the one as it is true or feigned: the other as it is pure or conditional. I understand, that to be a true consent, which cometh unto the Consensus verus. fact of man, appointed unto that end, that by the same he may be said to consent: of which sort it is, almost in all Covenants, And this true consent is sometimes expressed, and sometimes concealed, or implied. A true consent expressed, is that which is declared by word or deed: by word, either uttered by mouth, or showed by writing or messenger. The consent secret, or concealed is, when one doth consent by not dissenting: Whereas in the mean● time he might have hindered thact done, if he had disagreed. So that an express consent is always in deed, and asecret consent in Law. For they, between whom there is nothing expressly agreed, concerning the nature and essence, which a covenant hath by law, are understood secretly to consent to the nature of the Covenant which is appointed by law. The feigned consent is by Law for some fact, when the consent of Fictus consensus. both parties appeareth not, and yet in as much as the fact is done, they are by law both feigned, and deemed to consent, for the nature and reason of the business, which is between them both. In a true Consent we make choice with whom we will covenant: In a feigned consent we happen upon him casuaily: In the true consents, our wills conjoin us, In the feigned, fortune, or rather Gods providence. In true consents we begin at the fact of man: In the feigned, at the law. ¶ Of pure Obligations and Covenants. ANd as far forth as the consent is either pure or conditional, Sect. 6. so far forth by that quality some Covenants and Obligations be pure, and some other condicional. Obligat●o pura, pure Obligation is that, which is, and hath being forthwith, not being suspended or stayed with any Condition. Which sometime is pure simply, when the agreement is such, that by force of the Obligation, it may by and by be performed with effect: sometimes pure after a certain manner, and that by the adding too of time certain, unto which not the obligation (which already is made) but the performance thereof is deferred. ¶ Of conditional Obligations or Covenants. A Condicional Obligation is that which is deferred to some chance, Sect. 7. whose whole effect resteth in this, that if the Condition happen, it may be drawn back to the very time of the agreement, and be holden, even as the agreement had been originally pure. But it behoveth the Condition to be possible in deed and in Law, otherwise the agreement is voided. ¶ Of bore Promises. A Consent in covenant, is sometime alone, & somteime with cause. Sect. 8. Consensus solus. Policitatio. A sole consent consisteth in promise and agreement. A promise is a covenant offered by one freely, which is of none effect in the law to produce an Obligation, if there be no cause why it should be done. ¶ Of bore Agreements. AN agreement by sole consent, is a covenant consisting within Sect. 9 Pactum & placitum, vel pactum nudum. the bonds & limits of his pleasure that maketh it: And therefore it is called with us Nudum pactum, which of his own nature breedeth no Obligation. As if I S. promise' to pay x. li. to P. L. not having quid pro quo 9 H. 5. fo. 14. For if a man promise to do or make any thing, & no agreement being made what he shall have for his labour, it is Nudum pactum, 13. H. 6. 36. Of which sort been all natural Obligations: as recompensing, requiting, & other bore promises without lawful consideration. ¶ Of Contracts. A Covenant or agreement which hath a cause, is termed a Contract Sect. 10. Consensus cum causa which is nothing else but an agreement with a lawful cause or consideration, Doct and Stud. lib. 2. cap. 24. A cause is a business which being approved by law, maketh the obligation rise by the contract, and the action upon the Obligation. There are two principal heads to be observed in the learning of Contractuum distributio. Contracts: the one pertaineth to their substance or nature, the other to their adjuncts or accidents. ¶ The substance of Contracts. THe substance of all Contracts consisteth in consent, as their matter, Sect. 11. Materia & forma contractuum. and in the cause or business as their form, Yet that consent which is common to all contracts also distinguisheth them, and that by the diversity of the manner of consent which is used in Contracts. For consent is sometimes used indeed, and sometimes feigned, as in law: so of contracts, some be true, and some be feigned. True Contracts, be contracts having a true consent ordained to Contractus verus. that end that the contract may be made, and thereof an Obligation or bond. Which true consent is always interposed of both sides, whether it be expressly or secretly: insomuch, that if there be any error or deceit in the consent or thing, for which the contract is entered into, that contract is either made altogether none, or of none effect. Therefore the true Contracts be those, which are by mutual consent of both parties: which consent is therefore interposed that the contracts may be, and that either both or the one may be bound thereby, and both those things even from the beginning. But if you mark the end and effect of contracts, there is no difference Contractuum est. ctus. amongst them at all, but all equally, aswell feigned as true contracts breed obligations, which obligations so bred bring forth actions. Again, true contracts be distinguished by their cause, which is common Con●ractuum ●●●sacōmunis to them all in general, namely that in all contracts, some thing be given or done: But in some, law hath set & distinguished the business or cause in certain limits, in which it hath forsaken the common nature. And an act so long as it appeareth not, whether it may be referred to any certain business defived within certain limits, or not, is left in his general kind, & that common nature: as for example, when I give I S. money that he may give me some thing of his, In general certes this contract is, I give, that he may give. But when law hath severed & defined by certain notes, this business wherein a certain price is given for a certain thing, & hath given thereunto a peculiar name, it may be called buying & selling. We are not now to look back to the general name, I give that I. S. may give, but to the lowest species or kind that is buying, selling, & the nature thereof. But if I give thee a thing that thou mayest give me a thing of thine, that act or business abideth in the general name, I give that thou mayest give, because the law hath set down no certain contract whereby one thing (other than money) may be given for another, neither truly by nature could certain names be given to all and singular businesses: for that they be infinite: but words or names be infinite, and circumstances divers. Yet profit & the frequent use of certain businesses hath brought to pass that a certain form and name might be, & also is given unto them. Hence of true contracts, some be named, & some unnamed. ¶ Of named Contracts. NAmed Contracts be those which have a cause by law defined, & Sect. 12. they are called by proper names. The same also be termed certain, because they are certain in their Contractus nominati. form, certain in their number, and briefly certain in their name. Besides these all the rest are uncertain, as staying in that their general appellation or name. And it is to be understood of named contracts, which is said in the rule of contracts, that in a perfect contract there is no place for repentance, that is, that a man can not serve from a Contract named perfect, either party being unwilling, nor except all things be wholly restored, but that the same must altogether be consummate, and either the thing contracted be performed, or if that cannot, in steed thereof them interest or damages thereof. And though those contracts only be named which have received both name and form of our Civil Law, and thereby it is to be esteemed, whether they may be said to be contracts named or unnamed: yet have they not all one self beginning, For some be said to be of the Law of nations, and some of the Civil Law. ¶ Of Contracts of the Law of Nations. THose Contracts be of the Law of Nations, which have their cause Sect. 13. Contractus jurisgentium. by the Law of nations, received with all men, but have received their certain form and certain name from our civil Law. Which be two fold, for certain are made by the thing, & certain by consent. Verily there be diverse such contracts that may be made upon some thing, neither is there any wherein it is not needful that consent be: But the same in some more, and in some less. As touching those that are perfected by the thing, the matter standeth Contractus rei. thus, that their cause (that is to say) giving, consisteth in this point, that it behoveth the thing always to be present, & necessarily delivered to perfect the Contract. But in other contracts, albeit they be made concerning some thing, yet it is not needful that the thing be present, but it may be in one place, and the contract celebrated and perfected in an other. Whereby it happeneth that the contracts perfected with the thing, & the thing itself whereof the contract is, & the very contract itself are oftentimes called by one self name, which is otherwise in other contracts. here-hence we may define real contracts, to be contracts whereby Contractus reals. the thing being delivered & accepted, we are bound to the restitution of the same thing, but if that cannot be, the value or interest thereof. Whereof there be two kinds, th'one consisteth in loan and lending, the other in disposition and gauging. Lending is respected in the thing and without the thing. In the thing is considered, either the property thereof, or the use thereof. The property of the thing is transferred in loan by delivery unto him which borrowed it. The use of the thing in commodation, is applied unto him unto whom the thing is lent. Without the thing, is the keeping & the security thereof called Depositum, which is a thing left in another man's keeping, and this is termed a pledge, gage, or pawn. To all which iiii. kinds this own thing aught to be common, that they be free without usury & price, for if any price or thing be given therefore for them, they degenerate into the nature of other contracts. ¶ Of Mutuation or lending of things which cannot be restored. LOane or lending Mutuatio, is a real contract, whereby we so give Sect. 14. Mutuatio. a thing consistingin quantity that he which receiveth it, may tender the same again to the lender, in kind and nature, but not the self same thing in deed: the thing that is lent, is properly called Mutuatum, Mutuatum. he which giveth, the lender, & he which receiveth, the borrower. In loan termed Mutuum, the lender must be owner of the thing Mutuum. lent, and also in delivering of the thing, he must convey the property thereof unto the borrower: because things so lent are so given to be used, that they cannot be used, except they be consumed. And it is therefore called Mutuum, quasi ex meo tuum fiat, Doct St. li. 2. cap. 28. But no other things may be given in loan, but those only which consist in quantity, that is, those which are wont and may be numbered, weighed, or measured, as money, corn, wine, cheese, lead, etc. And those may receive function in genere, that is, one may be, and also truly is used for an other, that although that the thing restored is other than that which was received in specie infima, seu individuo, yet in that, that a thing of the same kind, goodness, and quality is rendered, it seemeth to be altogether the same. In loan therefore the same quantity and quality do cause that thing being diverse in individuo, to be all one in genere. Hence it is that the same things are restored that we lent not in individuo, (because that single thing that was lent cannot be restored, for so much as it is consumed by use: or if it be not consumed, yet the property thereof is conveyed unto the receiver) but in kind and goodness. Number is attributed to money etc. measure, to corn, wine, oil, etc. weight, to cheese, lead, and such like of the same sort. ¶ Of Commodation or lending of things which may be restored. COmmodation, is a Contract real, whereby any thing is granted Sect. 15. Commodatio. freely to be used of any one, that even the very self same thing in deed may be restored, and not in lieu thereof an other of the same kind, as a horse, a book etc. Doct & Stu. li. 2. cap. 28. The thing lent is called Commodatum, the lender Commodans, the borrower Commodatorius. But Commodatum, is properly when a thing, is delivered to an use and purpose certain, which at the last being ended, it aught to be restored and not before. For if the thing be so delivered to be used, that it must be restored to the lender whensoever it shall please him, than it is termed Praecarium, Praecarium. or a loan at william. ¶ Of deposition or leaving with an other. DEposition, is a Contract real in which a thing movable is freely Sect. 16. Deposition, given to be kept, that the self same thing be restored whensoever it shall please him that so leaveth it. Do. St. lib. 2. ca 28. The thing left is called Receptum, commendatum, or depositum. the leaver, deponens, the receiver depositarius, the keeper thereof. The nature of this Contract is in the free keeping of the thing left, and neither in the use, nor abuse thereof. This keeping is either of a thing Litigious, or not Litigious, the thing not Litigious is properly that which we call depositum, which is sometimes left of set purpose, and sometime through urgent necessity as in these three cases of ruin, shipwreck, and burning. ¶ Of Sequestration. THe keeping of a thing Litigious is called Sequestration, which Sect. 17. Sequestration. is therefore defined the deposition of a thing in controversy. Which is conventionall or judicial. A deposition conventionall, is made with the wills of the parties between whom the controversy is. This doth take the possession from the parties in controversy, and giveth the same to the Sequester or indifferent man to th'end he may deliver the same to him that recovereth it, except perchance it be expressly so agreed that the Sequester shall only detain & not possess it. A judicial Sequestration is made by the authority of a competent Magistrate, even against the will of both, or of the one of the parties. This taketh not away the possession, but because it is doubtful, it leaveth it in suspense until the parties be either friendly agreed concerning the suit, or it be declared by judgement, who is and aught to be possessed thereof. Sequestration judicial aught not to be made, but upon urgent causes, as to avoid fight and breach of peace etc. or if the destruction of the thing Litigious be feared, or the party suspected to become fugitive or insufficient, or if there be any other danger in delay: But deposition of things movable only, and sequestration may be of things immovable. ¶ Of Pledging and gauging. A Pledge is taken sometimes generally, and sometimes specially, Sect. 18. and both of them are sometimes of the covenant, & sometimes of the thing which cometh into the covenant, Do. St. li. 2. cap. 28. Pignus generally taken, is a covenant by which right is appointed Pignus. to the creditor in the things of another man, that his debt to him may be so much the surer: which very right is not seldom called a pledge, so that a pledge may be of the covenant, or of the right of a thing, and briefly of the thing in which that right is appointed. And a pledge is either proper or improper: an improper pledge is Hypotheca. called Hypotheca, which is of a thing not delivered, which is made and perfected by covenant only, As in clauses of distress, clauses of nomine penae, & other penalties for not performing of covenants etc. It is either expressed or implied. Expressed is that, when it is expressly agreed, of what thing it should be, as a clause of distress for a rend charge. And this is always by express consent of the parties only. An improper pledge implied is that which is induced by the Law alone, yet by some occasion thereunto given by some act of man, which is not principally, and by the will of man appointed to make a pledge: although that by that thing which is done, the man doing it is presumed to agreed to the pledge: as when goods be brought into an other man's land, liable to the distress of a stranger, for rent or other movable things bound by the operation of Law. A pledge so termed specially, is a pledge delivered to the creditor sometimes by the debtor, and sometimes by a magistrate. ¶ Of Pledges necessary or voluntary. ANd therefore a pledge is either necessary, or voluntary, or conventionall. Sect. 19 A necessary pledge is that which is received by compulsive authority of a Magistrate. A pledge voluntary or conventionall, is a pledge delivered by the covenant of both parties. A pledge is ever of the debtors own things, namely of such as may be bought and sold. For the gauging of the goods of another man is void, if it be not with the will and consent of the owner thereof. And a pledge may be pawned to another, yet subject to the first condition, for prior tempore est potior iure. Fruits and things growing may be pledged. ¶ Of Pledges general and special. ANd a Pledge may either be general, which is of all a man's Sect. 20. goods. Or special which is of some part of them only. And all the right of pledges or gauges, consisteth in the security & assurance of the thing due to the creditor. Do. St. lib. 2. cap. 28. ¶ Of Contracts by consent. Such be the Contracts by the law of nations which are perfected Sect. 21. with the thing. Those which are perfected by consent do follow. And obligations accrueing of these are said to be contracted by consent, not because these alone have consent in them, but for that to their perfection, the presence of the thing whereof the contract is made is not desired, nor words nor letters, but sole consent sufficeth which yet many times is interposed with the thing, and by thaccess thereof perfected. Hereupon contracts by consent are defined contracts, having cause placed in sole consent, to this end and intent, that a business certain may be done. And these contracts by consent are partly in the thing, and partly about the thing. In the thing, namely either of the property or of the use thereof. About the thing, as of communication or fact. ¶ Of Buying and selling. COntracts of property are buying or selling: Of use, are letting, Sect. 22. taking, or hiring: Of communion, society: Offact, is commandment. And buying and selling Emptio, venditio, is a contract by consent Emptio. Venditio, of the having of a thing, by or for a certain price. In which he that must deliver the thing is named the seller, and he that aught to pay the price thereof the buyer. The substance of this contract consisteth in the thing sold, and in the price thereof. ¶ What things may be sold. ALl things may be bought & sold whereof a man may have property Sect. 23. or ownership, as horse, kine, etc. corn growing upon the ground, Tithes not severed, 21. E. 3. 11. 21. H. 6. 43. hay growing 27. H. 8. 25. 11. H. 4. 32. All goods, chattels immovable, bondmen, and other things not being by law prohibited (as stolen goods, horses into Scotland, fremen) may be sold. Also a man cannot buy his own goods. The price in buying and selling in money. ●●etium For one thing given for another, is not price, neither if it so happen, Permuta●io. it is buying and selling, but exchanging, Permutatio. The price is certain when it is either expressed in the bargain, how much it is, or aught to be, Or if not certainly expressed, yet some relation is made to some thing, whereby it may be made certain, As if the vendor saith, he selleth it for so much as he bought it, Or for so much as I. S. shall arbitrate, It is certain enough till I S. have denied to declare the certain price thereof, 14. H. 8. 19 ¶ Of payment and delivery of things sold, THe payment of the money & delivery of the thing sold are effects Sect. 24. of buying and selling, but not the very substance thereof. 14. H. 8. 19 for buying & selling is perfected, by the certain appointing of the thing to be sold, and the taration of the price thereof, with the mutual consent of the buyer & seller, which consent in & about one self same thing worketh all. ¶ Of letting or hiring. LEtting & hiring, locatio, conductio, is a Contract by consent of Sect. 25. the making or using of some thing for a certain rent, hire or wage. He which letteth, lesseth, or setteth any thing to be made or used, is called properly Locator, the lessor or lettor: He which taketh or hireth it, Conductor, the lessee or hyrer. Letting and taking is either of a thing, or of the diligence of man. And all things which may be bought and sold, may also be let except such only as consume by use. As corn, wine, oil, money, and such like, which may not be let: But houses and land and quick beasts, as sheep & oxen which by nature yield increase, may be let. The letting or hiring of a man's labour, is as it were the use of a man in the making or doing of some thing, As in the making of an house, a clock, a garment, in doing of a days work by a labourer etc. Or the use of an house of lands etc. for life, years, or at will for certain rent. ¶ Of Society, Communion, or Fellowship. Society is a contract by consent about a thing to be had and used Sect. 26. Societas. in common on both sides. And the society or communion of things may happen between many of divers causes, of which, two be most principal: One by hereditary descents or executorship: As when lands descend to heirs or coparceners, or when a man maketh diverse executors, or administration is committed to diverse. The other, when a thing is purchased or gotten by diverse, by gift or legacy, or some other such single title. But that only is properly called Society, which by mutual consent is applied to that end, that there may be partnership or fellowship amongst the persons contracting: wherein so soon as they are fully agreed, th'one is properly called the others fellow. And the same society is in the goods and things of all the companions, or of one, or some of them only, and in the labour to be done by them all, one, or some of them, about such goods or things. And again in communicating of gain and loss after the putting of such things in fellowship or barter, and performing of their labour there about. So in Society are regarded the goods or things of which the communion is made, And the diligence and labour to be employed in and about them, And the damage or profit which of them both or by thoccasion of them, or the same society contracted, may grow or arise. And the whole doth consist in negotiation, as in buying, selling, traffic, or merchandise. ¶ Of a Society general or special. Society in respect of goods is either general or special. A general society of goods is of all goods: which contract hath Sect. 27. this one thing peculiar unto itself, that so soon as the partners are agreed thereupon, all their goods are by law common in property and use to each and every of them, without delivery of any part thereof to 'cause a property. A special society of goods, is of certain goods only, and the same either one thing only, as of an horse, ox etc. to be bought: Or of some certain kind of merchandises or wares, or other things, as corn, oil, spices, beasts etc. Again the general society of goods is so of all, that it extendeth to all things of the partners or fellows. But in the special society of goods, it may be that th'one only conferreth the goods, and the other no goods, but bestoweth only his labour and diligence, which then is in steed of goods. For labour is oftentimes of as good regard as money, yea and some times much better, which causeth that even the poor being industrious, may have fellowship with the rich. Therefore in general society of goods, the one of the partners sometimes yieldeth more goods, and the other less, the want whereof is intended to be supplied by the other party's labour and diligence, all which dependeth upon the agreement and will of the parties thereunto. ¶ Of gains and Damages. Gain is that which remaineth when all damages and expenses, Sect. 28. Lucrum. which the principal or goods put in barter, are deducted. Damage is that which wanteth when the expenses are drawn from Da●●um. the principal, or things put in barter or fellowship. ¶ Of Commandment or Commission. Acommandement or Commission Mandatum, is a contract by consent Sect. 29. to do something gratis or freely. He which commandeth is called Mandans or Mandator, he which is commanded may be called Mandatarius. Commandments or Commissions do properly rest in the deed and not in the thing, albeit the thing do sometimes come unto the fact. And that fact commanded is either in judgement, or out of judgement. A Mandate or commandment therefore is either touching some controversy, or the doing of some other businesses. And every commandment is general or special. And the general either with free administration or without it. And the other person so commanded may be termed an Attorney, Proctor, Procurator, Steward, bailiff, Factor, Overseer, or Governor of other men's businesses. For an Attorney is he which administereth, or doth another man's business by the commandment of the owner thereof. If the party commanded have any thing for his pain, it is not then properly commandment, but Location and Conduction. These Mandatorie contracts are determined by death or will, of either of the Contractors, if the deed be yet undone. By death natural. By the will of the parties, as if either the Commaundor revoke his Mandate: Or the party commanded renounce and refuse to execute the same. ¶ Of Contracts named of the Civil Law of Stipulation. Such are contracts named of the Law of Nations, Those follow Sect. 30. which are of the Civil Law, which contracts are either made by word or writing. Stipulation is a contract made by words only, by an Interrogation or question preceding, and a fit answer to the same following, for the giving or doing of some thing or business: as givest thou: I give: wilt thou do this: I will: which is no binding contract in our Law, if no lawful consideration precede, but Nudum pactum, of which before. ¶ Of Contracts by writing. THe other Contract of Civil Law is made by writing, as the Sect. 31. former is made by words. And that rather for the declaration and proof of the Contract before made, then for thessential making of the same. For a written Band, is a Contract whereby any man confesseth himself by his writing orderly made, sealed, and delivered, to owe any thing unto him with whom he so Contracteth. And if the thing were due before the making of such writing, than such duty when such writing is so made, is due both by the cause, for which it became so first due, and by such writing, wherein it is so described: by the first naturally, by this civilly. And if it were not due before, than it was not done civilly, by virtue of the writing only. Nevertheless it is to be noted, that by accepting of writing of a Precedent contract, or of any part thereof of the party, the contract precedent, is altogether determined thereby 3. H. 4. 17. 29. H. 8. but not if a stranger be bound 29. H. 8. for no contract can be apportioned or divided, 9 E. 4. 1. Obligations and contracts do not forthwith spring of all kind of writings mutually given by the parties, for some are made only for the testimony or memory of things done, to the end to preserve them & win credit unto them, but not to the end to procreate or breed any bond or contract, as histories, private Inuentaries, private notes of remembrance, certificates etc. But if I S. by his writing duly sealed and delivered, confess himself to own to T. N. x. l. the proof that he made the same bond, maketh him debtor of somuch, albeit there was never any other contract thereof between them, but such writing only, neither is it necessary that the creditor prove any more, but only the delivery of such bonds or writings thereof. ¶ Of nameless Contracts. ANd true Contracts named, be of such sort: besides which, all the Sect. 32. rest be unnamed, which be true contracts, having no certain name by the Civil Law, and yet containing in them a civil business, whose form is general, not defined within any certain limits. Of which sort be all those contracts of which it is either doubtful, or else certain that they can be referred to no Civilll Contract named. A Civil business is, if any thing be to be given or done for some cause. Of these unnamed contracts there be two kinds, the one may be termed a contract upon the cause or permutation. A contract upon the cause is a contract unnamed, made by consent wholly for some lawful consideration, when some thing aught to be given or done, or not to be given or done, As assumption and oaths. Assumption is made for the most part with such words as I give thee that, that thou give or do that: or I do this that thou shalt give or do that. As if I S. receive of D. D. an horse or any other thing, and promise' in consideration thereof, either to deliver the horse sound again, or forty shillings, or if I S. give D. D. ten shillings, in consideration that he shall give him some other thing, or do some act for him. These contracts in respect of the sum certain expressed, resemble the contract of buying and selling: And in respect of labour to be taken about the doing of the fact, they counterfeit Location & conduction by reason of the wages: which if it were not set down, they would represent commandments, which nevertheless fully jump not with any of those three contracts named, neither may they rightly challenge any of their names. ¶ Of Permutation or Exchange. PErmutatio, Permutation is a nameless contract consisting in Sect. 33. the thing and consent, by which one certain thing is given and exchanged for another, as an Ox for an Horse, or bread for flesh etc. which name of Permutation, although it seem fit for this business, yet it is rightly termed a nameless contract in law: For albeit it counterfeit buying and selling very near, for that either thing given in exchange resemble both the wares and the price, yet because it cannot be discerned thereby whether is the buyer, and whether the seller, it cannot usurp that title. And so those contracts of the Case, Assumption and Permutation, be therefore said to be nameless, because their appellations or names be so general, that no one named contract is able to comprehend them, yet is the knowledge thereof wondered necessary for the apt framing of Instruments. ¶ Of improper contracts. TRue or proper contracts are so described: Contracts improper or Sect. 34. feigned succeed. A Contract unproper, is a contract made by a consent feigned by the law, for some deed happening in the same, that is to say, in the which there is no manifest certainty of both the parties consent: but yet according to the reason and nature of the business, a consent is by law feigned to come on both sides, as the administration of an others business without request, and gardenship, the communion of things, as amongst jointenants, Coparceners, tenants in common, joint executors, and joint administrators, joint legataries or donees, by payment of that which is not due, the receivor is bound to make restitution, and detaining of goods in which another hath property. ¶ Of Contracts mediate and immediate. THere be also contracts of the fact: and a fact cleaveth to the person, and is in it, from which it is never separated: but the right Sect. 35. which resembleth and ariseth of the fact of the contract, namely the obligation may be gotten to another than him that made the contract. And sometime it cometh to pass that one man bargaineth, & a nother man obtaineth the obligation, whether that other be bound, or another by the same contract be bound to him. An Obligation by contract is gotten either mediately or immediately. Immediately by a man's own proper contract. Mediately where the contract is made by another, As a contract made by the wife with her husband's commandment, consent, or assent, 20. H. 6. 22. 27. H. 8. fol. 25. 21. H. 7. fol. 40. 14. H. 7. 2. R. 2. or by a Bailie known, 27. Ass. P. 5. or by his servant, factor, or Attorney, 8. E. 4. fol. 11. 22. E. 4. fol. 6. ¶ Of the adjuncts of contracts. WE have hitherto spoken of those things which pertain to Sect. 36. the constitution of the very substance of contracts: their adjuncts follow. Of which adjuncts some be intern and some extern. Of which some be Contracts bonae fidei, others be strictiiuris, Those be contracts bonae fidei, by which that is performed which seemeth equal and good, although it was not once thought of by any of the parties at the making of the contract. Of which sort be accommodation, deposition, pledges, buying, selling, letting, hiring, society, commandment, permutation, assumptions, and other contracts upon the case, gardenships', doing of others businesses, communion of things hereditary, and all other communions. Contracts of the strict law, are those by which that only is performed, which is expressly covenanted. Of which kind be lending, and all other besides those above mentioned, In these the rigour of the law, in those, equity ruleth. Sundry other contracts there be of this kind, which to avoid tediousness I pretermit. Extern adjuncts be those which are so in the contract, that they may also be absent from it: but in it only then, when it is so covenanted. For but that it is so covenanted, they would either altogether not be therein, or if they were therein, it should be by the only avethority and disposition of the law. Of these extern adjuncts, some may be adjoined to every contract which are called Common, & some proper to certain contracts only. Common extern adjuncts, be covenants, accessions, and delays annexed to Contracts. Of Adjuncts, some add some things unto the contracts, some take some thing from them. Adjuncts which add something to contracts, are penalties, warranties, or other securities. Adjuncts taking from contracts, be such as diminish the price agreed upon in the beginning. ¶ Of Accessions to contracts. ACcessions, Accessiones contractuum, to contracts be these things Sect. 37. which be required beside the principal things themselves, whereof the contract is made: As all costs and damages, 〈…〉 by occasion thereof, Or limitation of circumst●●●●● of rane, 〈◊〉, person, etc. to perform Contracts. ¶ Of Delays. DElay (Mora) is that linger or prolonging of the performance Sect. 38. of Contracts, which happeneth by the slackness ●●het of the creditor, or debtor. Much more might have been said of those contracts and offeines, of which Obligations springs and arise, all which we willingly have omitted, as not much necessary for our present purpose. In this discourse of Contracts necessarily, (as we think) we are in like manner to entreat briefly of estates, possessions, and properties, by which things are conjoined unto persons. ¶ Of Estates and properties universal, and fee simple. AN Estate, Status, dominium, proprietas, is that right & power Sect. 39 whereby we have the property or possession of things: that is, whereby we be owners or possessors thereof. All Estates be either universal or particular: An universal estate is an estate in fee simple, which is, when a man hath lands or other things inheritable, to him and his heirs for ever, so that thereby it is perfectly his own: and therefore we call it universal, because it comprehendeth in itself all other estates. ¶ Of particular Estates, and of Fee tail. A Particular Estate is every estate which is not so universal, and Sect. 40. may also be said to be of two sorts, that is a particaler estate of inheritance and of a term. A particular estate of inheritance, is an estate tail or limited, that is an estate expressing in certain, whose issue, and of what six shall inherit, and it is general or special. A general estate tail or limited, is when the estate limited expresseth not between whom the issue inheritable must be engendered: As if the gift or conveyance be to a man & the heir or heirs males, or heirs females of his body lawfully begotten, not naming upon what woman: Or to a woman and to the heir or heirs males or heirs females of her body lawfully begotten, not naming the man by whom it should be begotten, in which case, every heir of their bodies lawfully begotten may inherit, by what wife or husband soever. Or shortly thus: an estate in general tail is, by which any issue of the donees body lawfully begotten may inherit. An estate tail special is, when it is certainly set down between whom the issue inheritable shallbe engendered. And this special estate tail is either expressed or implied. An estate in special tail expressed is, where it is specially limited what issue of the donee shall inherit. An estate in special tail implied is, where it is not expressed specially what issues of the donees shall inherit: as by gift in frankmariage, which is, where a man giveth lands with his Daughter, or other kinswoman, to an other in frankmariage, which word frankmariage amounteth to as much, as if he had said to the donees and the heirs of their two bodies lawfully begotten, Litt. Sect ' 17. As if the conveyance were made to a man and a woman, & the heirs of their two bodies lawfully begotten: or to a man & the issue which he shall beget upon the body of A. D. Now may no issue take any benefit by that conveyance, but such only as are between them two lawfully begotten: And this manner of estate is properly called a special estate tail: But if either of them die before they have such issue between them, than the party suruyving is unproperly called a tenant in tail, and therefore for distinction fake, we term such furuivor tenant in tail after possibility of issue extinct. ¶ Of Estates of freehold. A Particular estate which is but only a term, is an estate determinable Sect. 41. by limitation of time, and it is of two sorts: namely an estate of franktenement, or a chattel. An estate of franktenement, is where a man hath the freehold of land, and it is either an estate of franktenement, created by the operation of the law, or by the act of the parties. An estate of franktenement created by the operation of the law, is either by the common law, or by statute. An estate of franktenement by the common law, is either dower, or by the courtesy of England. An estate in dower is, where the wife is endowed of the third part of such lands as her husband had any such estate of inheritance in, as the issue which by possibility she might have had by him, might by possibility have inherited the same land of the same estate: For dower exassensu patris, ad ostium Ecclesiae, & de la plus bell, as seldom used at this day, I omit. An estate of franktenement by the Courtesy, is an estate for the term of life of the husband in all his wives land whom he surviveth, having had issue by her borne alive, which might by possibility if it had lived, have had, and inherited the same lands of such estate as the mother therein had, during the coverture. An estate of franktenement by statute is, either by virtue of a bond knowledged according to a statute, or by reason of some execution. A franktenement by Statute, is either by virtue of a statute Staple, or of a Statute merchant. A franktenement by virtue of an execution is, either by reason of some judgement in some of her majesties Courts of Record: or else by reason of some recognizance: it is when the moiety of the Recognisors lands be delivered to the Recognisee to hold to him as his frehold till his debt be pated. But these estates of freehold growing thus by Statute, are not properly but unproperly termed freehold. An estate of franktenement growing by the act of the parties, is an estate for the term of a man's own life, or for term of another man's life. For the term of a man's own life, as if land be leased to any man to have and to hold to him during his life. An estate of franktenement for another's life is, when lands be assured to him for the life of I. G. or any other than the lessee himself. ¶ Of estates of Chattels. A Particular estate which is only a chattel, is either certain or Sect. 42. incertain, and it groweth either by the act of the parties, or by the law. By the act of the parties is a lease for the term of certain years having a certain limitation when it shall begin, and when it shall end or determine, as if lands be leased to I G. To have and to hold to him and his assigns from such a day, naming some day certain, past, present, or to come for xxi. years, or any other certain number of years agreed upon between the leassor and the leassee. Particular estate certain growing by law is, that estate which the Guardian hath in his wa●des lands, during his nonage. A particular estate incertain, is an estate at will, or at sufferance. ¶ Of possession in law and in deed. AN estate at will is where the leassor granteth his lands or other Sect. 43. things to the leassee, to have and to hold to him, at the will of the lessor. And it is to be remembered, that estates may be in possession, and out of possession. Possession is in law or in deed. And a possession in law is when the law only is the efficient cause thereof, and it is either by common law, or by statute. By common law, as if the father or other ancestor die seized of lands, the law casteth the possession in law upon the heir before his entry by force whereof he is tenant to every man's Praecipe: by statute is, that possession which Cestuy que use, hath in lands limited to him in use 27 H. 8. cap. 10. before his actual entre into the same. An actual possession or a possession in deed, is when the owner entereth into the same in deed. An estate out of possession is of two sorts, to wit, in remainder, and in reversion. ¶ Of Remainders and Reversions. AN estate out of possession in remainder is, when a particular estate Sect. 44. is granted to one man, the remainder to another at the same time by one deed, As if a grant be made of lands for years, life, or in tail, to I. S. the remainder thereof to T. N. for life, years, fee, or in tail. A reversion is such an estate depending upon like particular estate but not being created all at one time, by one deed: as if I S. seized of lands in fee, grant the same to T. N. for years, life, or in tail, that which after such particular estate remaineth in the grantor, is a reversion. Also every estate is either executed maintenant, or executory by limitation of use, which vesteth in possession by virtue of the statute of 27. H. 8. And lastly, every estate is either absolute or conditional. ¶ Of Instruments, their definition and causes. Having thus generally and briefly run over the doctrine of Contracts, Sect. 45. Obligations, possessions, estates & properties so far forth as seemeth behoveful for the description of the several Instruments of all manner of Contracts. It is now time to enter into the discourse of Instruments themselves the very proper matters and object of Symboleography. An Instrument therefore is a formal writing made in paper or parchment, wherein are contained & described contracts, covenants, last wills, or other facces and things of persons for the testimony or memory thereof. And first we say it is a formal writing to distinguish Instruments from ordinary letters, private notes, reckonings, and remembrances made by any for a man's own private use or memory, and from all books of arts, histories, divinity, philosophy, and such like. Secondly, made upon paper or parchment, for that, that before the invention of Paper or Parchment men used to writ sometimes upon boards rubbed over with ware, sometimes upon stones, sometimes upon metal, and sometimes upon the inner rinds of the barks of trees. And sometimes at this day upon tables, stones, or tallies, none of all which kinds of writings we here mean, but such only as are made upon paper or parchment. Thirdly, in saying that an Instrument comprehendeth things contracted: it setteth before our eyes, what the very matters, business & acts be, whereof such Instruments must be made: namely of agreements & contracts, grants, wills, plead &c. which may breed Obligations, & not of bore speeches, communications, or private notes. Fourthly, the word (persons) pointeth to the efficient cause of these Covenants and Contracts. Fiftly, that which ensueth teacheth us the very final cause why such Instruments were first ordained, that is, to the end the acts and things therein comprised might both more certainly be kept in memory, and more easily to be proved: for the proof of the Instruments only proveth the Contracts therein contained. And therefore Instruments are a kind of proof in all laws. The form of Instruments doth plainly appear at full in the description of Instruments throughout the second Book, in which you may see the manner, form, and fashion of every kind of Instrument extraiudiciall. ¶ Of the distribution of Instruments. INstruments therefore of their effects be either constitutive and Sect. 46. making, or remissorie and liberatorie. An Instrument constitutive is such an Instrument under the proper hand of the party as testifieth and describeth some contract of some debt or duty to be paid, or some fact to be done or performed, as an obligation, bill of debt etc. And of Instruments constitutive, some are creating, and some conveying. A constitutive Instrument creating, be those whereby any estate, property, power, or obligation, not having any essence or being before, is newly raised and created, as the first grant of a rent, common, way etc. estate tail, for life, years, and such like, Warrants of Attorney, Commissions etc. Instruments constitutive conveying, are those by which estates, properties, or powers, being already created are transferred & conveyed to others, As Instruments of feoffements, bargains & sales, assignments, and grants over, or surrenders, confirmations, substitutions and deputations etc. by which, estates, properties and authorities are conveyed over to others. And an Instrument remissarie, is an Instrument under the party's hand describing & testifying some precedent contract of a debt, duty or fact to be paid, performed, done, released, or discharged: of which sort, be all acquitances, releases, & other matters of discharge. Secondly, of the efficient cause, Instruments be either public or private. A public Instrument, is an Instrument made by public authority of a Magistrate or judge, as all grants & charters of the Q. Majesty under her highness great seal, or under the seal of the Duchy, or of any of her highness Courts of Record, & all deeds & charters knowledged & enrolled in any of her majesties courts of record. Such public Instruments of their own natures prove the facts or contracts therein contained, and are of such & so great credit of their own natures, that they themselves need no proof at all. Private Instruments, are Instruments made between private persons, by the private authority of the contractors themselves only without public authority, wherefore although they being proved by witnesses, or otherwise do prove the contracts & facts of the parties therein mentioned: yet of themselves without such proof, they prove nothing, as deeds of feoffment, obligations, acquitances, wills etc. Thirdly, Instruments be either of such persons as have natural capacity by birth, which every liege subject being borne within her majesties dominion hath by his nativity. Or by making, as every stranger borne hath, being by act of Parliament naturalised, or made a Denizen. Or else of such as have only civil capacity, as of all corporations or civil bodies, & lawful societies, colleges, guilds, fraternities, fellowships, & companies incorporate, as Majors, & commonalties, bailiffs, & burgesses, deans & chapters, Bishops, Parsons, Vicars, etc. & all such as have succession perpetual, & take to them & their successors. Fourthly instruments be either sealed and delivered, or not sealed and delivered. Fiftly of their form also, Instruments be either polled, and single, or indented. A polled deed, is a deed testifying, that only the one of the parties to the same hath put his seal thereunto, after the manner following: Sciant pnsentes & futuri quod ego W. W. de R. in come C. generosus, dedi, concessi, & hac praesenti charta mea confirm T. D. de S. in eodem come are, unum mesuag', & xx. acras ter̄ cum pertin' in R. pnd in praed' come C. Habend & tenend' ten' pnd, cum pertin' praef. T. D. haered', & assign' suis in ꝑpet, ad solum, ꝓprium opus & usum eiusdem T. D. haered', & assignat' suor imperpet. Tenend' de capital' Dnis feod' illius per seruitia inde prius debita, & de iurè consuet̄. Et ego vero praefat' W. W. & haeredes mei ten' praed' come pertin' praefat' T. D. haered' & assignat' suis contra omnes homines warrantizabimus, & imperpetuum defendemus per praesentes. In cuius rei testimonium huic praesenti chartae meae sigillum meum apposui, datum 30. die Martij, Ann. regni Dominae nostrae Eliz. Dei gratia Angliae Franciae, & Hibern Reginae, fidei defensoris, etc. 36. Anno Dom. 1594. These deeds polled, are also termed Chartae privatae & simplices, because there is only one part thereof which aught to remain with the grantee, donee, feoffee, leassee, etc. And poll deeds may begin thus. Omnibus Christi fidelibus ad quos praesentes literae pervenerint W. W. etc. salutem in Dno sempiternam. Sciatis me praesatum W. W. etc. Or thus, Pateat universis per praesentes me W. W. dedisse etc. Or thus, Omnibus Christi fidelibus praesentes literas inspecturis. Or thus by a Nobleman, placing his name with all his titles of honour at the beginning thereof. Praenobilis Gilbertus Com̄ Salop', dns Furnival verdon & Strange de Blackmere Dominus Luftoft, nobilis equestris ordinis Garterij sodalis Regiaeque Maiestati à sacris consilijs etc. salutem etc. Sciatis me prefat' Comitem, etc. and the like of others, etc. Or thus, Christianis vniuers. praes. scriptum inspecturis sive auditur, etc. Or thus, Haec billa testat, quod etc. Or thus by a Corporation, Noverint universi per praesentes nos R. I. Maiorem burgi de Donc, & Communitatem eiusdem burgi ex unanimi nostr consensu & assensu, dedisse, etc. Or by the Queen, or by any other king or Prince thus, Elizabeth dei gratia Angliae, Franciae, & Hibern Reg. fidei defensor etc. Omnibus ad quos pnsent litter nostr' perven salutem, Sciatis nos, or sciatis quod nos etc. Or thus, Elizabeth etc. Archiepisc. Episc. Ducibus, Comitibus, Baronibus, Militibus etc. Sciatis quod nos, etc. Or thus, Reg. univers. & singulis justiciarijs, & Custod ' forestar, Maioribus, Coronatoribus, Eschaetor, Vicecom, Forestarijs, custodibus pacis, venditoribus victual' & cariag', ac omnium aliarum rerum quarumcunque pro expensis hospicij nostri, Constabular, Ballivis, Officiar, Ministris, & omnibus subditis nostris quibuscunque, tam infra libertatem quam extra, ad quos etc. Sciatis etc. And in many other like forms according to the quality of the person, to whom her highness Patents are directed. In which who so desireth to be further instructed, may plentifully be satisfied by perusing of the Register, etc. And the sealing of the Queen's letters P. are commonly concluded with these or the like words, (viz.) In cuius rei testimonium has literas nostras fieri fecimus patentes. Teste meipsa apud W. 3. die Maij, Anno regni nostri 36: And the ensealing of a deed by a corporation thus: In cuius rei testimonium sigillum nostrum commune praesentibus apposuimus. Datum in Guilhalda Burgi praedicti etc. ¶ Of deeds indented. A Deed indented is a deed consisting of two parts or more, in which Sect. 47. it is expressed, that the parties to the same deed, have to every part thereof interchangeably, or severally set their several Seals, And they are most commonly made in this form. (viz.) Haec Indentura facta inter A. B. de C. in comitatu Ebor' H. ex una part, & E. F. de G. in comitatu H. Y. ex altera part, Testatur quod praed' A. B. dedit, concessit, & hac pnsenti charta indentata confirmavit praefato E. F. & haered' suis xx. acr terr' etc. Habend' etc. In cuius rei testimonium parts praed' sigill' sua praesentibus alternatim apposuerunt. Datum, etc. Or thus. In evils rei testm uni parti huius praesentis Indentur penes praesatum E. F. reman' paed' A. B. sigillum suum apposuit, alteri vero parti eiusdem Indenturae penes praefatum A. B. remanent praefat' E. F. sigill' suum apposuit, Dat' xx. die lan. Anno etc. Or the date thereof may be put in the beginning of the deed thus. Haec Indentura facta xx. die lan. anno regni etc. Inter A. B. etc. & C. D. etc. Testatur etc. These deeds indented, or Indentures & deeds Poll, may be made in the first person also, but are most usually made in the third person. And in the first person be of this form, Omnibus Christi fidelibus ad quos hoc praesens scriptum, Or praesens charta, Or praesentes literae indentatae pervenetint, A, de B. etc. salutem in Domin sempiternam etc. Sciatis me praef. A. B. dedisse, concessisse, & hac pnsenti chart̄ mea indent̄ confirmasse C. D. etc. xx. acras terr' etc. Habend' & tenend' etc. vel sic, Sciant praesentes & futuri etc. vel Noverint universi per pnsentes etc. vel Pateat universis etc. qued ego A. B. de etc. dedi, concessi, & hoc praeienti scripto meo indentato confirmavi C. D. xx. acras te●rae etc. Habend' etc. In cuius rei testimon̄ tam ego praef. A. B quam prefat' C. D. his Indenturis sigilla nostra alternatim apposuimus, Datum etc. vel sic, In cuius rei testimonium uni parti huius praesentis Indentur sigillum meum apposui, alteri vero parti eiusdem Indenturae praefatus C. D. sigillum suum apposuit, Datum, etc. And both parts of such deeds Indented be the deeds of both the parties to the same: And every part of such Indentures is the deed of either of the said parties, and each part is of as much force and effect alone, & as beneficial to either of the said parties, as both parts thereof together. These deeds indented are not only bypartite as these above mentioned, but also may be made tripartie, that is of three parts, or quadrupartite, quinquepartite, or of as many parts as shall be needful in form abovesaid, Mutatis mutandis etc. as by sundry examples in this preseut discourse may appear. And these deeds indended or Indentures are most commonly indented or cut one of them into another. But the cutting of them in that manner only doth not suffice to make them deeds indented, nor the calling of them so by the parties, if the putting too of the seals, in form abovesaid be not therein expressed. Thus much generally for the several forms of deeds. ¶ Observations necessary for the making of Instruments. IN the form of every Instrument it seemeth needful to consider Sect. 48. the substance thereof, and of the adjuncts. Touching the substance, a deed doth consist of two principal parts, namely the premises and consequence thereof. The premises of an Instrument is the former part thereof, and is commonly said to be all that which preceadeth the Habendum or limitation of the estate. In the premises of Instruments are principally to be considered three things. The first, the person contracting, next the thing, matter, or fact whereof the contract is to be made, and then the words with which the said contract is to be described. The persons are the very efficient causes of the Instruments, by whose consent they are agreed upon and made. And the persons to Instruments be either active or passive. The active person in Instruments is he which maketh the Instruments, or which giveth, feoffeth, releaseth, confirmeth, granteth, sealeth, dareth, delivereth, letteth, departeth with, covenauteth, or promiseth any thing: or shortly he which maketh any contract or bargain, to, or with any other, and is named according to the contract: As the donor, feoffor, lessor, obligor, releasor, grantor, confirmor, seller, lender, bargainer, etc. The passive person in Instruments, is he, unto whom the Instruments be made, and which taketh thereby, who is likewise diversly named, according to the several natures of the contracts, to or with them made. In the persons 2. things are to be heeded: The capacities: & nams'. Touching capacity, consideration is to be had, that the active persons which should make any deeds be persons able to do it: namely, that they be voided of all impediments, either natural or civil: of which we have entreated before amongst contracts. And the passive persons be such as be capable of things which should be given or transferred unto them, and void of the like impediments, and not dead persons in law, as Monks, Friars, Nuns, and such superstitious votaries. ¶ Of the names and Additions of persons. ANd touching the names or Additions of the parties to Instruments, Sect. 49. it is requisite, that they be certainly named by their names of baptism & surnames, with a lawful & sufficient additions of place, estate, degree, mystery, or occupation, to distinguish them from all other persons of like name, whether such person be King, Prince, Duke, marquess, Earl, Viscount, Baron or Lord, which be names of great Nobility and honour: Or he be a Knight, Esquire, or Gen 〈…〉, which for difference are termed names of less Nobility or honour: Or he be a ye woman, husbandman, artificer, or labourer: Or else if it be any Ecclesiastical person, as Archbishop, Bishop, Archdeacon, Deane, Parson, Vicar, Clerke, etc. Or if it be any Corporation, or body civil or politic, having Covent & common seal, as bailiff, & Burgesses, Mayor & Commonalty, or other brotherhood, etc. And for the avoiding if confusion & error, thus: Sciant etc. quod ego W. W. de R. in come E. gen, dedi, etc. T. N. de R. in eodem comitatu Tailor etc. and such like. ¶ Of the matters and things or facts whereof Instruments be made. ANd as concerning the matters, things & facts whereof Instruments Sect. 50. are to be described, are also to be considered 2. things: First the things or facts themselves, & then their necessary circumstances. And as for the things themselves, it is to be weighed, whether the very bodies of the things themselves be to be contracted for, as lands or goods etc. or the rights pertaining to the persons in the use of the bodies of things: as wares, use, fruits, & profits, which we take thereby. And in things is to be noted whether they be corporal or incorporal. Corporal things are such as of their own nature may be felt or seen, and they be either movable or immovable. Things movable are those which may be removed out of one place into another: as garments, fruits of the earth, beasts, rents, etc. Things immovable be such things as cannot be removed from place to place, which be therefore called things of the soil or ground, as the very groci●● itself, and things fixed to the same, which cannot be removed without the destruction thereof, as trees planted therein, houses thereupon builded, etc. Things incorporal be such as by their own nature can neither be seen nor felt, & are comprehended only by understanding, & therefore can neither be 〈◊〉 nor divided, as property, possession, inheritance, service, advowsons of Churches, wardships, the use and fruition of things civil, obligations, contracts, alienations, and at a word all rights aswell to have the very things themselves, or the use thereof: as liberty to go through another man's soil, common of pasture, way, liberty to hawk, hunt, or fi●h, etc. notwithstanding that the subjects whereunto they be annexed are corporale as the so●●● incorporal, yet the right to enjoy or inherit the same incorporal. Which things being thoroughly surveyed, the writer must have special regard, what manner of thing is to be contracted for ● whether it be honour, castle, manor, house, land, meadow, pasture, farm, parsonage, advowson, office, park, pond, warren 〈…〉 wardships, marriages, ways, common, or other things whatsoever, setting them down by their apt & usual names, if they have any, or by such other accidents & circumstances, as may certainly describs, and distinguish them from all other, as the Town, Hamlet, and County where the thing lieth, hutting it at th'ends, and binding●t at the sides (if need be) and expressing in whose occupation it is be hath been, who was ancientancient, owner thereof etc. As unum masi●●● cum pertin' in S. in come C. vocat' Cowhal jacent inter tennt I S. ex pte Boreali, & ten̄tum T. S. ex part australi, & abuttat ad orient̄ caput so ꝑ tenntum D. D. & ad occident̄ caput so ꝑ ten̄tum L. T. que nu ꝑ ꝑquisnui mihi, & hered' meis de N. N. & nunc sunt vel nu ꝑ fuor in occupatione S. T. vel assignator svorum etc. expressing all things certainly with apt significant wards, & therein eschewing all Metaphorical, figurative, & borrowed speeches, & all words of divers or doubtful significations. ¶ What words are to be used in the making of Instruments. Such words must be used in every Instrument, as the nature of the Sect. 51. contract doth require: As in Feoffements, feoff 〈◊〉 or co●●cessi, etc. In a Release, Romisi, or 〈…〉 Confirmavi, Ratificani, etc. In bargain and sale, Bargainani & vendidi &c. So of other in the premises, and like, with such words as be requisite, & are expressed in tother parts of deeds. ¶ Of the consequence of Deeds. THus much touching the premises or first part of Instruments, Sect. 52. Now let us enter into consideration of the subsequence or sequel thereof. The latter part of Instruments, and consequence thereof is all that necessarily followeth the premises, and that is the Habendum, in which is limited and ●●●●●essed what estate or property the party passive shall have: as f●e▪ sail, etc. And that is two fold, namely the limitation of the state & of 〈◊〉. The limitation of the estate is to limit and express in certain, what estate the party shall have in the thing contracted. The limitation of those is to express in the said Habend, to or for whose use & benefit he shall have the same estate, r●●iting with all the thing granted by some sufficient general name: as H●bēd & teneodi praed' manner imperpet (if a man●● be granted 〈◊〉 the premises) pnd mesuag' cum pertin' or tennta praed' come pertin', as the case requireth pref. I. S. & haered' & assign' suis imperpet, ad opus & usum praed' I. S. haered' & assignator snor imperpet. ¶ Of the adjuncts or accindents of Instruments. THus are the essential parts of Instruments discussed, The adjuncts Sect. 53. now come in place. Wherein are all those things which come to the Instruments beside the essential parts thereof, which likewise be of two sorts: for either they be adjuncts common to either of the said parties, or proper to the one part only. Adjuncts common are two, the date of deeds, and the consideration of the contract. ¶ Of the date of deeds. THe date is the description of the time in which the deed was made Sect. 54. which is done either by the year of our L. or the year of the Prince's reign, & it aught either to be placed in the beginning of the premises, or in the end of consequence, of which see examples thereof ensuing. ¶ Of the cause of considerations of deeds. THe considerations of Instruments is the motive cause, for which Sect. 55. the Instruments are made, as money or other goods, affection natural or such like, which is most commonly, & in my conceit most ap●ly expressed in the premises, and which nevertheless may be put in the consequence, and in many cases be omitted. Of both examples hereof are many in the second book. ¶ Of Adjuncts proper to the consequence of Instruments. A Diuncts of the consequence of Instruments are such as are most Sect. 56. commonly set down after that Habend '. And they be of divers sorts. As the reservation, Reddend ', if any rent, suit or service be reserved. The reenere. The nomine penae. The clause of distress. The tenend ' showing the land is holden touching things inheritable. The clause of warranty general or special or particular. The exceptions out of whole things. The conditions and provisoes. All covenants are to be made of either side according to every several contract. As to be saved harmless or discharged, to be ●●ised in fe● etc. To have power to cell. To be owner of the tenements or chattelsfold. To make further assurance. To be seized to the alievees use. For quiet enjoying etc. And every other necessary covenant according to the nature and quality of the thing or fact, whereof the contract is made, & the manner of the contracts made. Regarding heedfully all circumstances of the place, person, occasion, thing, manner of doing, cause, exception, condition, according to the true meaning and agreement of the parties curiously without prejudice, parciality or favour to either of them. Than followeth the drawing of such Instruments in form after some precedent ensuing, as the quality of the fact or contract exacteth: whether it be a feoffment, grant, release etc. or any other Instrument. Than must such first draft be circumspectly examined, perused, concluded and agreed upon by the parties or their counsel. When such draft is so agreed upon, than it is to be fair written & engrossed in paper or parchment, without blotting, rasing, enterlining, writing every word plainly at length, without any abbreviations, cyphers, signs, or notes, which may breed any scruple or doubt. Than must they be warily & precisely read over, & examined twice or thrice at the lest, jest any thing be inserted, detracted, omitted, altered or mistaken, differing from the parties good meaning. For Instruments once sealed and delivered, may be altered or amended in nothing. All things being thus dispatched, the Instruments are to be subscribed by the parties. And by them sealed with hard ware like to continued long. And when Instruments are sealed and subscribed, they must be openly read and published in the hearing of divers substantial credible witnesses, and afterwards delivered in their presence, as the acts and deeds of the parties. These things so finished, the sealing & delivery of such deeds must be certified upon the back side thereof, or in some other convenient place thereof, thus: Sealed and delivered in the presence of A. B. C. D. E. F. etc. And choose always such young witnesses which can subscribe their own names if you can getthem. Deeds in old time were wont to be delivered in the presence of men of greatest credit & worship that could be gotten. And many times in open Courts, or great assemblies of people for credit and proof. The end of the first Book. The first part of Symboleography containing Instruments Extraiudicial, Agreements, Cove nants, Contracts, Grants, etc. ALthough by order we learn how to do things, & then put the same in practice, yet the very actions themselves are worthily deemed far more excellent and honourable than the bore knowledge thereof: by so much as the end is more precious than all the means by which the same is attained. For as in Schools in vain should children spend their time in learning the rules of Grammar, touching either the Etymology or Syntaxis thereof, if they did not after apply their knowledge to the use of speaking and writing. And as Physicians should unprofitably store themselves with the understanding of the several natures and properties of herbs and roots, and other simples, or of the Art of Physic, if they did not show us, the use and fruit thereof in curing diseases, and restoring health: So doubtless the doctrine of all other Arts and Sciences, is idle and barren if use and practice be not therewith conjoined. And therefore we always account those things which are wrought by art, of far more passing excellency than we do the Art itself. Neither doth any doubt that it is harder to practise an Art, then only to learn the Theorike part thereof: For neither they which know the several kinds and measures of verses, with the laws of versifying, are thereby strait ways Poets: Nor they which have learned by hart all the tropes figures and precepts of Rhetoric, are by and by Orators: for to their knowledge they must needs couple long use and exercise before they win the names of perfect Poets, or eloquent Orators. Even so, it sufficeth not for a notary to know only what Instruments & contracts be, what things and acts they may be made of, & by what persons, with such other general notions. For ere he be worthy that name, he must thoroughly know the several tenors & forms of every special instrument, in each kind of contract & business. Wherhfore as heretofore I have generally in some measure laid down the doctrine of Instruments: so in these which follow, I intent to show certain forms of every kind of Instruments, as they have heretofore long time been used, & approved by learned men of great experience: from whose sound examples therein, I think it not good rashly to serve, because it is a far surer course, to retain those certain forms which continually have been many years put in ure, then to devise new: For that, time, who is the touchstone of all Arts, hath confirmed these. SYMBOLEOGRAPHY. Of Covenants, Articles, Promises, Contracts, and Agreements etc. ANd for so much as Covenants are inserted Sect. 57 into all manner of instruments, I think it good first to show examples thereof having defined what manner of instruments they be: an Instrument of Covenants therefore is a formal deed containing an agreement of divers persons, whereby the one doth promise or covenant with the other to do or omit some act or acts, thing or things in such sort as they have concluded thereof amongst themselves, & they are most commonly made with these words following, or the like in effect. ¶ The words wherewith covenants be made or written. THis Indenture made &c. between A. B. of C. etc. on the one party, Sect. 58. & C. D. of etc. on the other party, Witnesseth that the said A. B. for himself, his heirs, executors, and administrators and every of them doth by these presents covenant, grant, promise and agreed to & with the said C. D. his heirs, executors and administrators etc. and every of them that the said A. B. expressing the thing agreed upon by apt words. ¶ Or thus between two & two. Witnesseth that the said A. B. and C. D. do by these presents for themselves and either of them and the heirs, executors and administrators of them and either of them, and every of them covenant, grant, promise, and agreed, to, and with the said E. F. and G. H. and either of them and the heirs, executors and administrators of them and of either of them, and every of them, that they the said A. B. and C. D. etc. ¶ Or thus between three and three. Witnesseth that the said A B. C. D. and E. F. for themselves and every of them and the heirs, executors, and administrators of them & every of them do by these presents covenant, grant, promise & agreed to and with the said G. H. I. K. & L. M. & every of them & the heirs, executors and administrators of them and every of them, that if it happen etc. ¶ Covenants between Executors where the one granteth the goods to the other being bound to perform the william. THis Indenture made &c. between R. S. & H. M. etc. Witnesseth Sect 59 that whereas T. S. now deceased late brother of the said R in his life time did make his last will & testament in writing, & therein made and ordained the said R. & I then wife of the said T. and now wife of the said H. executor's thereof, as by the said testament & last will appeareth. And where also the said H. & I. have & enjoy not only all such goods and chattels which the said T. did give and bequeath unto the said I. but also all plate, money, & all other goods & chattels which were of the said T. S. at the time of his decease: the said parties to these present Indentures been condescended and agreed in manner and form following: that is to say, The said H. M. for him his executors and administrators, & every of them doth covenant etc. to and with the said R. S. his executors and administrators and every of them by these presents, that he the said H. and I. his wife, or one of them, or that executors, administrators or assigns of them, or of one of them, shall and will content and pay or cause to be paid unto the said R. S. his executors, or administrators, or to the executors of the suruivor of the said executors forty pounds of etc. within 6. months next after the full age of G. and H. S. sons of the said T. S. or of either of them if they or either of them shall so long live, or else within one year next after the decease of the survivor of them the said G. and H. if both the said G. & H. S. shall die before either of them shall come to, & be of his said full age. Provided always and the said H. M. for him etc. doth covenant etc. that if the same I. now wife of the said H. M. shall departed this present life before the said G. and H. S. or either of them shall come and be of his said full age, and the said G. & H. S. or either of them surviving the said I. That then the said H. M. his heirs etc. shall content & pay, or cause to be contented & paid unto the said R. S. his executors or administrators or to the executors of the suruivor of the executors of the same R. S. the sum of xx. l. etc. within one year next after such decease of the same I. And over this the said H. M. for him etc. doth covenant etc. that he the said H. M. & I. his wife & their exe●̄, adm and assigns, & every of them, of his, her, and their proper costs and charges, during the marriage betwixt him the said H. and the said I. shall well and sufficiently sustain, and maintain the houses & buildings which be set and builded upon such customary lands & tenements in W. in the said county of N. which the said H. M. & I. in the right of the said I. now have and do hold for term of life of the said I. And that he the said H. M. & I nor either of them shall do no manner of waist in or upon the said customary lands and tenements, or any parcel thereof. And also where the said H. M. together with I. B. of S. & I D. of W. by their writing obligatory do standjointly & severally bound unto the said R. S. in one hundred pounds of good etc. with & upon condition thereupon endorsed for the true performance of the covenants, grants, payments, and agreements contained in these present Indentures on the part of the said H. M. his heirs, executors, administrators, & assigns, or any of them to be performed, paid, or kept, as by the said writing obligatory, and condition aforesaid more plainly it doth and may appear: The said H. M. for him etc. doth covenant etc. to & with the said R. S. etc. that if an●e two of the persons bound in or by the said writing obligatory, or any two of any other persons hereafter to be bound, in, or by any other writing obligatory to be made for the same purpose, shall die & departed this present life before all the covenants, grants, articles, payments, and agreements, in these present Indentnres contained, shallbe well and truly performed and kept, that then the suruivor of the persons bound by any such writing obligatory shall with two other sufficient sureties within two years next after such departure or death as is last aforesaid, by their sufficient and lawful writing obligatory become jointly & severally bound to the said R. S. his executors or administrators, or to the executors of the suruivor of the executors of the said R. S. in the sum of etc. with and upon condition in effect as is aforesaid, and so often to found and lay in such bonds with such sureties as is aforesaid, as any such death or deaths, as is aforesaid, shall happen, as is afore declared, during the said time. And over this the said R. S. for him, etc. doth covenant to and with the said H. M. etc. that he the said R. S. his etc. shall acquit, discharge, & from time to time for ever save harmless the said H. M. & I his wife, and either of them, & all the executors, administrators, & assigns of them & either of them against the said G. C. & H. S. & either of them of all and singular legacies, gifts, & bequests which the said T. their father did by his last will and testament give and bequeath to the same G. C. and H. S. and either of them. In witness whereof etc. ¶ Covenants to sue Statutes. THis Indenture made &c. between R. D. & W. M. on th'one partty, Sect. 60. & R. B. etc. on tother party. Witnesseth, That whereas the said R. is lawfully entitled to a certain deed obligatory, made by the said W. M. according to the statute of Acton Burnel, & knowledged, etc. before H. A. then Mayor of the city of C. unto P. D. in the sum of etc. commonly called a statute merchant: by mean whereof, the said W. M. at this day, is, & for a long time hath been grieved. For the better help & ease whereof, & for divers other considerations, the said parties & every of them moving, they are condescended & agreed, in manner & form following, that is to wit. The said W. & R. & either of them are well pleased, contented, & agreed, & further covenant & grant, to, & with the said R. that what time it shall please the said R. & as often, and at all & every time and times, as he shall so please, and when he shall think it most to him convenient to sue forth execution, upon the said statute merchant, and to do his best, & uttermost endeavour, for the obtaining of the same, & also to extend all & singular the lands & tenements which were the said W. M. at the time of the making of the said statut Merchant, or at any time sithence, as far forth, and in as ample manner & wise, as the laws, usages & customs of this realm, will bear & permit, that the said W. & R. nor any of them, shall not in any wise hinder, let, or gainsay the same. And the said R. covenanteth etc. y●●e the said. R. shall upon the same execution sued, further use, do, extend & show all such favour, unto the said W. in respect of the imprisomnnt of his person, as he lawfully may, & as by the same R. & W. or their learned counsel, or the learned counsel of either of them shallbe devised or advised, so that the same be not hurtful nor prejudicial to the said execution, nor may be deemed nor construed a good & sufficient matter, to avoid & frustrate the same. And further the said R. doth etc. that he shall & will from time to time, & at all & every time & times, as he shallbe reasonably required, by the said R. his etc. & after that he the said R. hath extended or caused to be extended, such lands, etc. or any part or parcel thereof, as at the time of the knowledging of the said Stat. or at any time sithence, were the inheritance of the said W. and now be the lands and tenemnts of the said R. & in his seisin and possession, give, grant, etc. all and every the said lands etc. unto the said R. & his etc. to have & to hold them during all such term & time as the said R. should have by the laws, statutes, usages, & customs of this realm in the premises by force of the said stat. & extent, & to do, suffer, & make, seal & deliver all such assurances in the law, for that purpose, as shallbe devised or advised by the said R. or his assigns, or his or their learned counsel, at his or their proper costs etc. in the law. And also the said R. doth covenant etc. the afterwards he that said R. by virtue of the statute aforesaid, shall have such lands etc. in execution, which at the foresaid time of the knowledging of the said statute merchant were th'inheritance of the said W. M. set, lying, or being in W. in etc. To have & to hold to the said R. & his assigns, during all such term & time, as the said R, shallbe lawfully entitled by the said execution, to have the same: & also the said R. doth covenant etc. that he, nor they shall do no act nor acts, thing or things, to avoid or frustrate the foresaid grants & assignments, or any of them to be made unto the said R. and his assigns, of the premises in manner and form aforesaid, after that the same be had & made, to the said R. & to his assigns, as is aforesaid: And the said W. & R. in consideration of the favour which the said R. hath in these indentures covenanted to show, do, use and extend, unto the said W. as afore appeareth: And also in consideration of the said grant to be made unto the said R. as likewise is afore expressed, whereby the said W. shallbe defended from sundry damages, the said W. and R. and every of them, covenant etc. to pay to the said R. his executors or assigns the sum etc. in manner & form following: viz xx. marks by year, yearly, by the space of v. years next ensuing at it. terms in the year, to be nominated and appointed by the said R. and x. l. the next year immediately following the said v. years, at two. terms as aforesaid. And the said W. & R. do covenant that he the said R. for the true & good payment of the said sum of etc. to be contented & paid, as aforesaid, shall & will charge all & singular his lands and tenements, which he hath in the said county of C. and to do all, and every act and acts, thing and things, for and to that purpose, convenient and appertaining, from time to time, as shall be devised, or advised, by the said R. or his learned council, at the proper costs and charges in the law of the said R. And also the said W. and R. do covenant and grant, for them, and every of them, to and with the said R. from time to time, to bear and pay, the moiety & one half, of the charges in the law, which the said R. shallbe put to in the suing forth of the said execution, & extent. And also the said W. and R. do covenant etc. that the said R. at the request of the said R. shallbe of counsel with him, in the suing forth of the said execution and extent, and labour and travel with him in the same, as appertaineth to a Counsellor. And the said R. doth covenant &c. to enlarge, and discharge the said W. out of prison, where he now remaineth, at the request of the said W. and R. or either of them. And for the full and true accomplishment of all and singular covenants, grants, agreements, and articles mentioned in these indentures, every party covenanteth to other to stand bound in their several deeds Obligatory in the sum of etc. bearing date with these presents. In witness whereof etc. ¶ Covenants to discharge Executors and procure release. THis Indenture made etc. Between I S. on th'one party, & C. B. Sect. 61. late wife of T. B. deceased, & executeir of the last will and testament of the same R. B. of tother party, Witnesseth. That where the said R. B. was in his life time put in trust, as one of the feoffees of I. S. esquire deceased, to levy & receive the profit of certain lands and tenements to the same feoffees assured, for certain sums of money, to the use, & for the preferment of the marriage of E. O. I. E. and A. S. five of the daughters of I. S. & by virtue thereof hath received and levied, the sum of etc. & hath in, and out of the same disbursed etc. to the use of the said several daughters, as in a schedule annexed to these presents appeareth, & so had remaining in his hands, at the time of his death, and wherewith the said C, as executor, to the said R. B. resteth chargeable and answerable to the said several daughters in the sum of etc. And whereas the said I. S. brother to the said M. E. A. & I. as he affirmeth, hath disbursed & paid for the preferment of the marriage of the said I. lately married to T. H. the sum of etc. & is to receive the same again of her portion, and thereby claimeth and demandeth of the said C. B. the said sum of etc. and which the said C. B. upon reasonable discharge, is agreed to pay the said I. S. doth first by these presents, not only confessing and acknowledging, that the day of thensealing of the same, he hath received and had of the said C. B. the sum of etc. to the use of the said I. his sister, or such other his sisters, as the same of right is due unto, and thereof, and of every part thereof, doth acquit and discharge the said C. B. her executors & administrators, but also doth confess and acknowledge, that he hath taken and received of the said C. B. a full and perfect account of all the receipts of the said R. B. and all that they disbursed, & upon the same justly & truly made, as in the said schedule annexed appeareth, acknowledgeth the said sum of etc. & no more remaining in the hands of the said C. B. as executeir of the last will and testament of the said R. B. And the said I. S. doth further covenant & grant for him, his executors, & administrators by these presents, that the said I R. his executors, administrators, or assigns, shall not only discharge, defend, and save harmless the said C. B. her etc. aswell against the said M. I E. & A. and every such person and persons, as now hath, or hereafter shall marry any of them, their, and every of their executors & administrators, as also against Sir V B. knight, and the executors of H. L. Alderman deceased, and others the feoffees of the same I. S. deceased, of, and from all suits & demands, and all charges thereby to be sustained, which shallbe prosecuted against her, as executeir of the said R. B. deceased, for and concerning the having & receiving of the said sum of etc. or any part or parcel thereof, but also shall procure to be sealed & delivered to the said C. B. within one year next ensuing the date thereof, a lawful & sufficient general acquittance from all and every such person & persons, as lawfully can, could, or might claim, ask, or demand, any part or par●ell of the said sum of etc. by the said R. B. as is aforesaid received, and by her to the said I. S. paid, In witness whereof, etc. ¶ Covenants to prosecute suit. THis Indenture etc. Between I B. and I M. of etc. and G. R. on Sect. 62. the other party. Witnesseth that whereas about the xxx. year of the Queen's majesties reign that now is, a certain offence, piracy or robbery was committed upon the Seas upon the goods and merchandise of one M. M. & W. D. in the good ship called the Magdalen by divers persons, whereof certain for the same offence were executed, & certain yet remain & stand indicted as by the Record of the Court of etc. more at large doth appear. Now therefore it is covenanted & agreed between the said parties to these presents, in manner and form following. That is to say, the said I B. for him etc. covenanteth, that he the said I B. from time to time upon the request of the said I M. shall not only by the authority and power to him made by the said M. M. & W. D. or otherwise, attach, imprison & prosecute in due order of law as the said I. M. shall direct him, all and every the person & persons, or any of them which stand indicted for the said offence, & all & every offender & offenders touching the piracy, & their accessories and every of them: but also shallbe aiding, assisting, counseling & helping the said I. M. in all and every act, thing, and devise that the said I M. shall lawfully go about to do, perpetrate or execute, about, touching, or concerning the said premises, or any of them, and that the said I B. his executors or assigns shall not at any time hereafter release or otherwise discharge any of the persons standing indicted for the same offence, or any accessory to the said offenders, nor any offendor or offenders which was at the said robbery, nor do perpetrate or commit, or willingly suffer any thing or things to be done touching the premises or any of them, or any matter, action, agreement, or other thing touching the premises, or the persons indicted for the premises, or others, concerning the said offence, without the consent, will & agreement of the said I M. & G. R. their executors, administrators or assigns first had and obtained in writing, under their hands & seals for the same. And moreover if it so be that any agreement shallbe had for the premises or any of them or otherwise howsoever by means or colour of th'offence aforesaid: that the recompense, sum or sums of movey, or other thing upon such agreement paid and received, shallbe divided in three equal parts, whereof one part thereof the said I. B. shall keep & detain in his own hands for his own part thereof. The second part thereof he the said I B. his executors, or administrators shall pay to the said I. M. his executors etc. within three days after the receipt thereof in the church of B. etc. And the three part thereof the said I. B. shall pay to the said G. R. etc. In consideration of all which premises the said I. M. for him etc. covenanteth etc. to & with the said I. B. his executors and assigns by these presents that he the said I M. his etc. shall bear & discharge all costs, charges & expenses that shall hereafter be disbursed, paid or expended in or about the prosecuting of the premises or any of them a● all and every such time and times, as the same shallbe disbursed & paid from time to time. In witness etc. ¶ Covenants to surrender copyhold lands. THis Indenture made between T. M. R. S. etc. Witnesseth, that Sect. 63. the said T. M. in consideration of Cxx. l. etc. doth for himself etc. covenant etc. that he the said T. or his heirs before the feast of E. next ensuing the date hereof shall & will, according to the custom of the manor of S. in the said county of Y. surrender into the hands of the Lord of the said manor all those copyhold lands, tenements, meadows, pastures and hereditaments within the Soak of E. aforesaid, now or lately in the several tenors or occupations of R. L. H. M. R. B. & D. C. or of any of them, or of the assigns of them or of any of them, which now be or heretofore have been the lands etc. of the said T. M. or of I. M. his late father deceased, to the use & behoof of the said R. S. his heirs & assigns for ever, according to the custom of the said manor of S. And that he the said T. M. & his heirs shall & will at all and every time & times hereafter well and sufficiently do, make, knowledge, finish and execute, and cause and suffer to be done, made, knowledged, finished and executed all and every such further reasonable act and acts, thing and things, devise and devices, conuciance & conveyances, surrender and surrenders, assurance and assurances in the law of the said tenements and premises with the appurtenances for the absolute good and perfect assurance and conveyance of all the said ●●●ments & premises with 〈◊〉 〈◊〉 to the said R. his heirs & assigns for ever, according to the said custom of the said manor of S. without any maver of condition thereunto annexed, as shall be devised, advised or required by the said R. S. his heirs or assigns, or by his or their or any of their Council learned in the laws of this Realm etc. Hereunto may be added such other covenants for the delivering of copies, and being seized in fee, according to the custom, and for quiet enjoying, and saving harmless of encumbrances etc. as been used in the sale of charter land Mutatis mutandis: or in the conditions or obligations for like purpose etc. ¶ Covenants touching the assignments of Executorship. Sect. 64. THis Indenture etc. between W. C. etc. executor of the last will & testament of S. I G. deceased, of the one party, & T. C. of the other party: Witnesseth, that where the said S. I G. did by his last will & testament, bearing date etc. make, constitute, ordain & appoint the said W. C. his sole executor of his said last will & testament, now the said W. C. for divers good causes & considerations him specially moaning, hath given &c. unto the said T. C. his executors and assigns, all & singular the goods, cattles, leases, implements, & utensils of household, debts, duties, and credits, which were to the said I G, at the time of his death, other than such goods, cattles, and implements of household stuff only to the value of etc. as been assigned, and appointed to dame A. G. late wife of the said I G. in satisfaction of etc. to her covenanted to be paid. And also other than all such goods, cattles, and debts, and other things, of the said Testator, as the said W. C. hath heretofore administered, extinguished, and released being contained in a schedule Indented, hereunto annexed. To have & to hold etc. (except before excepted) to the said T. C. his executors & assigns, in as large & ample manner and form, as he the said W. C. the day of the date of these presents, hath or by any lawful ways or means might or aught to have the same. And the said W. C. doth also by these presents grant and authorize as much as in him lieth, and doth constitute, make, ordain and appoint, the said T. C. to be his true and lawful attorney, to arrest, sue & implede upon just cause, & to defend & answer in lawful wise, in the name of the said W. C. or any his executors or administrators, all & all manner of just & lawful actions, suits, prosecutions & demands, that at any time hereafter shallbe brought & commenced in the name of the said W. C. or any his executors, either by the meanus of the said T. C. his executors or assigns, or against the said W. C. as executors of the said S. I. or any his executors or administrators for any matter or cause, in any wise touching or concerning the said W. C. by reason of the executorship of the said S. I. or by reason of the said last will or testament, or any thing therein contained without the voluntary revocation, nonsuit or denial of the said W. C. or any his executors or administrators & without any account yielding unto the said W. C. his executors or administrators or to any of them, for the same, at any time. And further the said W. C. doth covenant etc. that the said W. C. his executors etc. or any of them, shall not at any time hereafter release, acquit & discharge any person, for any debt, or duty, due to the said S. I. except he or they be enforced, ordered, or adjudged by any sentence, judgement, order or decree, to be had or made by any Court in this realm ecclesiastical, or temporal, nor wittingly or willingly shall do any other or further act, or thing, in any wise touching or concerning thexecution of the said last will & testament, or any part thereof, of the re●●cation of these presents, without th'assent, advise or consent of the said T. C. his executors or administrators. And the said T. C. for the considerations afore in these present Indentures specified for himself &c. that the said T. C. his executors etc. shall & will, at all time & times hereafter, sufficiently acquit, discharge, or upon knowledge given, save harmless the said W. C. his heirs, & executors, of & from all manner of actions, suits, & demands, whatsoever it be, by reason of the said last will & testament, or by colour or cause of any administration, meddling, or dealing, of, or with the said goods, chattels, or other things of the said Testator, or by reason of any action or suit, to be had & prosecuted, in the name of the said W. C or his executors, by the means or procurement of the said T. C. his etc. or by reason of any other action or suit to be had & stirred against the said W. C. or his executors, as executors of the said S. I. shall at any time hereafter, by any ways or means, happen to come, arise, or to be commenced or prosecuted against the said W. or his executors touching or concerning the same, or else at the lest within one month next after knowledge had by the said T. his executors or administrators, of any trouble or suit hereafter happening to the said W. C. his executors or assigns, by reason, or occasion of any the said executorship, administration or causes abovesaid, shall recompense and allow him such charges as he shall fortune or necessarily be occasioned to sustain & to be at, by reason of the said suit or suits, or causes abovesaid, Any article or thing in these presents mentioned to the contrary notwithstanding: And the said T. C. for him etc. doth covenant etc. That he the said T. C. his executors or assigns shall & will, at all times hereafter, pay or discharge all legacies, & all other things specified & contained in the last will & testament according to the true intent & meaning thereof, other than the legacy of the said W. C. & the legacy of I. G. second son of the said sir I. G. In witness etc. ¶ Covenants for speedy trial and quiet and indifferent occupation in the mean time. THis Indenture made etc. Witnesseth that whereas heretofore divers Sect. 65. controversies, suits & troubles have risen & yet be betwixt the said parties, of, about & concerning one farm lying and being in H. within the township of A. in the County of D. in the tenure & occupation of the said T. R. To which farm the said F. R. maketh claim & pretendeth title & right: To th'intent that the foresaid pretended title & right, in, & to the foresaid farm may quietly be tried betwixt the said parties in some of the Q. Courts according to the laws of this realm with as much speed as the law will the same permit & suffer without any delay to be sought or had by either of the said parties, & to the end that favour, friendship and neighbourly love might be in the mean time continued between the said parties, their servants & families, & that all unlawful & forcible attempts, entries, & breaches of the Q. peace may be esehewed, & all other enormities & harms that thereupon might grow & come, escaped: It is covenanted etc. & either of them for himself, etc. doth covenant etc. that all the hay that is or shallbe gotten, in, & upon the said farm in this next hay harvest, shall be mowed, made and inned at the indifferent costs & charges of both the said parties and by their mutual consents, agreements & commandments laid in some one convenient place for the preservation of the same within the said farm without all covin and deceit, And that all the said hay so inned & placed (as is aforesaid) shall there remain indifferently and safely kept unoccupied by either of the said parties, their etc. until such time as the said pretended title & right be thoroughly & lawfully tried & known betwixt the said parties, their etc. and then the said hay to be delivered to him or them, their etc. according to their several rights therein without all covin. And also that they the said parties shall and may occupy and eat all the grass growing, in, and upon the said farm, with their beasts and cattle together in common and undivided without any disturbance or let had or made by th'one of them to the other of them, and without any disturbance or let to be made by theirs &c. of th'one of them to theirs &c. of tother of them, until the said pretended right & title unto the said farm, shall be fully & lawfully discussed, tried & known betwixt the said parties, their etc. according to the laws of this realm. And then & after the said title & rightfully & lawfully tried and ended by the laws of this realm, that it shall & may be lawful to & for the said parties, or either of them their heirs or assigns, to have etc. the said farm, with the appurtenances to them their heirs or assigns or theirs or assigns of them or either of them for ever, according to his or their right & title so to be tried & found, without any further suit or trouble. And also that this agreement nor the indifferent possession of the said farm to be occupied as is before expressed, shall not at any time hereafter be prejudicial or hurt full to either of the said parties their heirs or assigns, touching or concerning the trials of their titles & rights, or the title, right & possession of either of them, nor that the one shall take or seek any advantage in the law thereby against the other. But that either of them shall & may have & take like advantage in the law of this land, th'one against the other, in as ample & large manner and in none otherwise or manner, then as though there had never been any such order or agreement or occupation of the said farms made or taken between the said parties, their heirs or assigns: any thing in this present Indenture to the contrary notwithstanding. And also that the said T. R. & F. R. & either of them, their heirs and assigns shall further & haste with as much speed as in them or either of them is & may be done, had & suffered by the law of this Realm, all and every such action, suit or complaint, as is or shallbe commenced and begun between them, their heirs or assigns, for the speedier & better trial of the said pretended right, title, or possession of the said farm, all delays in the said suit, action or complaint set apart. And also that some one action shallbe agreed upon between the said T. R. & F. R. wherein the said F. shall be plaintiff or demandant, by th'advise of both their learned counsel in the law, where by the said pretended right & title to the said farm may be best & most speedily tried & found out, according to the laws of this Realm, without all covin. And that the said T. R. & F. R. shall behave themselves friendly & lovingly th'one toward the other by & during all the time of the said trial, according to the laws of God, & this realm. And that for the better performance & fulfilling of all & singular covenants, grants & agreements contained & specified within these present Indentures, according to the true meaning thereof, either party shallbe bound to other in the sum of 400. l. of lawful English money. In witness etc. ¶ Covenants to make assurance. THis Indenture made etc. witnesseth, that the said C. for & in consideration Sect. 66. of etc. doth for himself etc. covenant etc. that he the said C. & his heirs & M. now his wife & every of them at all & every time & times hereafter etc. shall & will do, make, knowledge, finish & execute all & every reasonable act & acts, thing & things, convetance & conveyances, assurance & assurances in the law for the good & perfect assurance, surety, sure making & conveyance of all & singular these messages etc. whereof or wherein the said I. was ever in his life time seized of any estate of inheritance to the said G. B. his heirs or assigns & to such other person & persons & his & their heirs etc. to his & their only uses, unto whom the said G. & A. his late wife deceased or either of them have heretofore aliened, or by any other ways or means whatsoever conveyed or assured the said tenements or any part thereof, as by the said G. B. his heirs or assigns or by the said such other person & persons their heirs & assigns unto whom the said G. B. & A. or either of them have so (as is aforesaid,) aliened or conveyed the said tenements, or any part therefore, or as by R. W. and T. H. or the survivor of them shallbe reasonably devised or advised. So that the said several assurances or conveyances, nor any of them extend not to bind him the said C. or his heirs or any of them, to any further or other warranty, then only against them their heirs & assigns. And so that the said C. nor his heirs be not enforced to travel for the making or knowledging of any such assurance or assurances above xx. miles from B. aforesaid. And the said C. for himself &c. doth covenant etc. that it shall & may be lawful to & for the said G. his heirs etc. & every of them, & every such other person & persons unto whom the said G. & A. or either of them have heretofore aliened, conveyed, or by any other ways or means assured the said tenements & premises or any part thereof at all & every time & times hereafter peaceably & quietly to have, hold, occupy & enjoy the said tenements & premises & every part thereof with thappurtenances. And that all the said tenements etc. now are and be and shall and may for ever hereafter stand, remain, continued & be unto the said G. B. etc. clearly acquitted, discharged, or otherwise well & sufficiently saved & kept harmless of and from all & all manner of former bargains, sales, gifts, grants, leases, feoffements, jointures, dower, statutes, recognizances, bonds, rents, services, arrearages of rents & services, intrustons, fines, forfeitures, issues, amerciaments, judgements, condemnations, executions, rights, wills, estates, uses, intailes, titles, entries, & conditions, & of & from all other titles, charges and encumbrances whatsoever had or made by the said C. his etc. or by any other person or persons whatsoever lawfully having or claiming the said tenements or any part thereof with thappurtenances by, from, or under them or any of them, or by the means, assent or procurement of them or any of them. In witness whereof etc. ¶ Covenants to assure lands to save harmless of recognizances. THis Indenture tripartite etc. between T. N. of etc. & T. S. G. F Sect. 67. W. P. F. W. and E. W. of etc. witnesseth, that where the said T M. W. P. & F. W. by one Ouligation or recognizance lately made & provided by statute for recovery of debts, bearing date etc. stand jointly and severally bound to one H. L. of etc. in the sum of etc. And where also the said T. N. T. S. and G. F. by like bond or recognizance lately made & provided by statute for recovery of debts, bearing date etc. jointly & severally bound to the said H. L. in the sum etc. Nevertheless it is now covenanted etc. betwixt the said parties & every of them for them etc. in manner etc. that is to say, the said T. N. for himself &c. to, & with the said T. S. G. F. W. P. F. W. & E. W. their etc. that he the said T. N. before the feast of etc. next ensuing after the date hereof at the costs & charges in the law of the said T. N. his heirs and assigns shall make or cause to be made to the said T. S. G. F. W. P. F. W. and to R. S. & to their heirs, a good, sure, sufficient, & lawful estate in the law, in fee simple, of, and in all that his manor of etc. to the uses and intents hereafter following, that is to say, To the use of the said T. N. and his heirs, so long as the said T. N. his executors, administrators or assigns, do well and truly acquit discharge, or save harmless the said T. S. G. F. W. P. F. W. & E. W. their heirs, executors and administrators, & the executors, & administrators of every of them against the said H. L. his executors and administrators of the said several recognizances, and either of them, and of, and from all manner of sums, debts, penalties, and all other duties contained in the same. And if the said T. N. his heirs, executors or administrators, do fail or make default, and do not well and truly acquit, discharge, or save harmless the said T. S. G. F. W. P. F. W. and E. W. and every of them, their heirs, executors, and administrators, and the heirs, Executors, and administrators of every of them, against the said H. L. his heirs, executors, administrators, and assigns, of, and from the said several recognizances, and every of them, and of, and from all an● all manner of debts, sums of money, and other duties 〈…〉 contained in the said several recognizances, and every of them, that the said T. S. G. F. W. P. F. W. E. F. & R. S. and their heirs, shall stand and be seized, of, and in the same manor etc. to the use of them the said T. S. etc. and of their heirs, & of the heirs of every of them, until such time as the said T. S. etc. their heirs, executors, or administrators, have fully and clearly perceived, received, levied, and taken, all and every such sums of money, debts, for features, and penalties thereof, as the said T. S. etc. or any of them, their heirs, executors, or administrators, or the heirs, executors, or administrators, of every of them, shall be at every time compelled by any manner of means to pay, sustain or bear by force of the said several recognizances, or by force of either of them. * And furthermore, the said T. N. for him, his heirs & executors, covenanteth & granteth, to & with the said T. S. etc. their heirs, executors, and administrators of every of them by these presents, that the said manors etc. the day of the making hereof, are fully and clearly discharged of all former bargains etc. had, made, done, or suffered to be done by the said T. N. or any his ancestors, the chief rents and services from thenceforth to be due to the chief Lord or Lords of the fee for the premises, and all leases for term of years, life or lives, whereupon the old accustomed yearly rend or more been reserved, and the said several recognizances only excepted. * And also the said T. N. for him his heirs & executors, covenanteth &c. to and with the said T. S. etc. their heirs etc. that all such persons as now stand and be seized of, and in the said manor etc. shall stand & be seized of, and in the said manor etc. to the use of these Indentures, and of the articles and covenants comprised in the same, And that all estates hereafter to be made, of, & in the said manor etc. during the life of the said H. L. shallbe to the use and intent mentioned in these presents, and to none other use nor intents. In witness whereof etc. ¶ Covenants to make assurance entail, after a fine knowledged. THis Indenture made &c. between etc. Witnesseth etc. that they Sect. 68 the said W. H. before the feast of etc. by fine to be levied before the justices of our Sovereign Lady the Queen of her common place at Westminster, shall acknowledge the capital mesuage etc. by the name of etc. to be the right of the said E. M. etc. As in other covenants to levy fines sur cognisance de droit come ceo etc. with release and warranty. * And that the said fine so knowledged and engrossed of the premises, shallbe to the use of the said E. M. and R. T. and of their heirs only, and to none other use. * And the said E. and T. for them etc. to and with the said etc. that the said E. and T. and their heirs, and the heirs of the suruivor of them, within one month next after the said fine so knowledged and engrossed, as is aforesaid, by their deed indented, sufficient in the law, in due form to be made, shall and will give and grant the said capital mesuage, and all and singular the said tenements and premises to them to be assured, as is aforesaid, to the said W. M. & to the heirs males of his body lawfully begotten. * To have and to hold the said capital mesuage, and all other the premises with their appurtenances to the said W. M. and to theirs males of his body lawfully begotten, to hold of the said E. and T. by fealty only for all services. Yielding and paying therefore yearly to the said E. and T. or the suruivor of them, their heirs or assigns xx. s. of etc. that is to say, at the feast of etc. by even portions to be paid (with a sufficient clause of distress to be contained in the said deed, for the payment thereof at the days and times aforesaid, with a Proviso also to be contained in the same deed) * That if it shall happen the said W. M. or the heirs males of his body lawfully begotten, to suffer any recovery against him or them of the said capital mesuage, or other the premises, or any part or parcel thereof, or by any other ways or means, make any alienation or discontinuance of the same premises, or of any part or parcel thereof, and afterward shall happen to die without issue male of his body lawfully begotten, that then (that is to say) immediately after the decease of the said W. M. and of the heirs males of his body lawfully begotten, and after the said state tail made, as is aforesaid, the said deed indented spent, executed, and determined, and not before, it shall be lawful for the said E. M. & T. R. to enter or re-enter into the said tenements and premises, and them to have again & reposseed to them, and to their heirs: the said deed indented, or any thing therein to the contrary thereof not withstanding. * And also the said E. M. and T. R. for them etc. that they the said E. and T. their heirs and assigns, within iiii. days next after the making of the same deed indented, and of the execution of the said estate of the said capital mesuage, and all other the premises to the said W. and to theirs males of his body, as is aforesaid, by one other deed sufficient in the law reciting the grant by them made to the said W. M. and of theirs males of his body lawfully begotten, as is aforesaid, shall give and grant the reversion of the said capital mesuage, and all other the premises, together with the yearly rend aforesaid to the said H. M. To have and to hold the said reversion of the same capital mesuage, and all other the premises to the said H. M. his heirs & assigns for ever. * And the said W. M. for him etc. covenanteth etc. that he the said W. in due form and order of Law shall upon reasonable request to him to be made by the said H. M. atturne tenant unto the said H. M. of the premises, and shall pay to him, his heirs & assigns the said yearly rend to be reserved by the said deed indented, & to be granted to the said H. M. his heirs and assigns, as is aforesaid. * And also shall permit & suffer the said H. M. his heirs & assigns, Lords of the residue of the manor of B. aforesaid, yearly at two several times in the year, that is to say, in one day between the feast of etc. and in one other day betwixt the feast of etc. upon reasonable warning given to them of the said day, to keep his Court for his tenants of the said manor of B. in the Hall of the said manor, without let or disturbance of the said W. M. and of his heirs males lawfully begotten, or of any other person or persons by ●i● consent, procurement, or commandment. * Furthermore the said E. M. and T. B. for them etc. that the said capital mesuage etc. at the time of the making of the said estate to etc. ¶ A Covenant to cell but to the vendor. ANd the said I. K. doth covenant etc. that he the said I. or his heirs Sect. 69. if within one whole year next after the death of the said K. his mother the said I. his heirs etc. shall not well & truly have paid unto the said N. his heirs, administrators etc. the said sum of etc. & shall make or cause to be made one good, sure, sufficient, absolute, & indefesible estate or assurance in the law in fee simple, of, & in all the about bargained tenements & premises, & every part thereof with thappur●enāces unto the said N. S. his heirs or assigns, or to such other person or persons, as the said N. his heirs or assigns shall name or appoint, to his and their own only proper use & behoof for ever etc. * And also that neither the said I. K. nor his heirs, at any time or times hereafter, shall or will give, grant, bargain, mortgage, cell, alien, set over, altar, discontinue, or departed with any part of any the messages, lands, tenements, and hereditaments above herein mentioned to be bargained and sold, or whereof he the said I. now standeth and is seized, to any person or persons other then only to the said N. S. or his heirs, if the said N. or his heirs will give such price and prices for the same, as shallbe set down, made & appointed by T. W. A. G. R. B. and N. S. or so many of them as shall happen to be living at the time of such sale and alienation to be made, without the especial licence of the said N. S. or his heirs first had & obtained in writing. ¶ A Covenant not to take advantage of former covenants if lands descended not, and to assure more lands to supply the value. Provided nevertheless, & it is covenanted etc. that if the said lands, Sect. 70. tenements, & hereditaments, before in these presents limited to be to the use of the said E. as is aforesaid, shall not be, continued, remain, and come to the said E. from & after the death of the said R. S of the clear yearly value of one C. marks, over & above all charges and reprises (as is aforesaid) That then the said I. and H. nor either of them, nor the executors nor administrators of either of them, shall take any benefit or advantage of that part of the covenant before mentioned in these presents, whereby the said R. S. did covenant & agreed, that the said lands, tenements, and hereditaments, before assured to the said E. & the said heirs males of her body (as is aforesaid) should be or continued, of the clear yearly value of one C. marks above all charges and reprises, if the said R. S. his heirs, executors, or assigns, or any of them, so often as the said lands, tenements, & hereditaments with thappurtenances, shall become of a lesser yearly value, aver and above all charges and reprises, then of the yearly value of a hundredth Marks, shall and will at the costs & charges in the Law of the said R. his heirs, executors, or assigns, assure to the said I. S. and H. M. and to their heirs, to the uses before expressed, other lands, tenements, and hereditaments with thappurtenances: which said other lands, tenements, and hereditaments, together with the lands & tenements before in these presents assured, to the use aforesaid, shall and may be of the yearly value of one C. Marks, over and above all charges and reprises, within two Months, next after request to be made to the said R. his heirs or executors, by the said I. S. and H. M. or either of them, their heirs, executors, or assigns. ¶ A Covenant for the showing of Evidences, for the maintenance of an others interest. furthermore, the said R. D. covenanteth and granteth etc. to and Sect. 71. with etc. by these presents, that the said R. D. and his heirs, shall at all time and times hereafter, when, where, and as often as need shall require, for, & during the space of x. years next ensuing the date hereof, upon reasonable request to him or them hereafter to be made by the said R. D. or his heirs, or at the costs and charges of the said R. D. his heirs or assigns, or some of them, show all such evidences, charters, writings, escripts, escrowles, deeds, court rolls, customaries, transcripts of fines, exemplifications of record, and muniments as do in any wise touch or concern the premises, or any part thereof: Or as many of the same as shall be necessary or needful for the maintenance of the state, interest, right, title, or possession of the said R. D and of the heirs and assigns of any of them, in, or to the premises with thappurtenances, and every or any part or parcel thereof. ¶ A Covenant to deliver Writings upon notice of suit. ANd the said P. L. etc. doth covenant etc. that if it shall fortune hereafter Sect. 72. the said I. B. and I L. or any of them to be sued or impleaded by any manner of suit or action, without the consent of them the said I B. and I L. for the lands & tenements, in these presents comprised, or any part or parcel thereof, or for, or touching any the issues and profits of the same: Than the said P. L. his heirs or assigns, upon reasonable warning and motion to him or them given thereof by the said I. S. his heirs, executors, or administrators, shall deliver or 'cause to be delivered to the said I. B. and I L. or to the suruivor of them, or their heirs, all such deeds, evidences, writings, charters, terr●res, and muniments, touching or concerning the foresaid lands, tenements, and hereditaments, for the only purpose and intent, that they therewith shall and may the better defend, maintain, and preserve their titles, interests, uses, possessions, and occupations together, and taking the profits thereof against all persons: So that the same deeds and other writings be safely delivered again undefaced and uncancelled unto the said P. L. his heirs and assigns in convenient time etc. ¶ A Covenant to leave iron Milles furnished, in default of payment. ANd further, if the said S. R. his heirs, executors, or administrators Sect. 73. fail, or make default, of, or in payment of the said sums of etc. in part or in all, contrary to the form aforesaid. That then the said S. R. his heirs, executors, & administrators, and every of them, shall not only leave unto the said R. B. his heirs, executors, & assigns, to his and their own use, all such forges, mills, waters, & all other engines and necessaries as be now used and had, by the said S. R. his executors or assigns upon the premises, or any part thereof, about the getting or making of Iron there, without hurting spoiling, or impairing, or defacing the same, or any part thereof, & without any reclaim, suit, challenge, or demand therefore to be made by the said S. R. his heirs, executors, farmers, tenants, or assigns, or any of them, or any other to his or their use. ¶ A Covenant to be seized to the use of lessees performing covenants. ANd it is granted &c. by all the said parties, that the said conveyances Sect. 74. & assurances by these presents covenanted & agreed, to be made of the premises before mentioned unto the said I. C. and R. H. shall as concerning the land and tenements, and other the premises in form aforesaid, be denused and granted. And that I. C. & R. H. & the suruivor of them and their heirs, & the heirs of the suruivor of them, shall stand & be seized thereof to the use of such person & persons, to whom any such demise or lease shall be made, during the continuance of any such demise or lease, according to the true meaning and effect of these presents, & every such Indenture. So that such lessees & grantees during his or their several lease or leases, grant or grants, the rends reserved & expressed, in, and by the Indenture of his or their said lease or grant, do pay or cause to be paid to such person or persons to whom the immediate reversion or remainder of the said premises so demised or leased, shall by the purport and true meaning of these presents belong or appertain. And do also perform the conditions, covenants and grants, according to the purport and true meaning of this or their Indentures of lease, & that aswell concerning the reversion or reversions, remainder or remainders of the same premises so to be leased & granted, and of the rents, duties, and services thereupon to be reserved, or to the same reversion or reversions, remainder or remainders incident, due or payable by reason of every such lease or grant, during the continuance of the same interest, as also after thexpiration & determination of every such leases or grants, the said assurance thereof shallbe, and the said I C. and R. H. and the suruivor of them and their heirs, & the heirs of the suruivor of them, shallbe seized thereof to th'only use and behoof of such person and persons, to whom the same premises in form aforesaid to be leased and granted, should by the purport & true meaning of these presents have descended, remained, reverted, or come, if no such lease or grant had thereof been made or granted, and that of like estate and course of inheritance with such remainders, in like and in the same order and degree, and in such manner and form to all intents and purposes, as if no such lease or grant had been thereof had or made: any thing in these present judentures to the contrary notwithstanding. ¶ Covenants of an undersheriff to execute his office, and to save the high Sheriff harmless. THis Indenture made &c. between F. S. etc. Sheriff of the counties Sect. 75. of W. and L. of th'one party, and A. G. of A. etc. on tother party. Witnesseth that it is covenanted etc. that is to say, the said F. doth by these presents ordain, constitute, depute & make the said A. G. to be his Undersheriff in the said Counties of W. and L. and to have, occupy, & enjoy the said Office of Vndersherif there to the said A. during all such time as the said F. shall continued & be in authority of the office of the said Sheriff of the said Counties of L. and W. by virtue and authority of our said Sovereign Lady the Queen's letters patents, of the Sheriffs' office there to him directed, bearing date etc. And also the said F. doth by these presents grant etc. to the said A. that he shall and may take and have during the said term all manner of farms, rents, fees, rewards and profits lawfully to the said office of Sheriff, or office of undersheriff, or for serving, executing, or return of any manner of writs, warrants, precepts, or process in the said Counties of L. and W. belonging or appertaining. And also all felons goods and escheats that shall happen to be lawful, due to the said sheriff during the said time, within the said counties of W. and L. And the said F. doth by these presents grant, assign, & depute to the said A. the lawful order, custody, and government of all & singular manner of gaols, prisons, & of the prisoners now or hereafter to be therein to be lawfully and duly ordered, kept and demeaned by the said A. or his deputy or deputies, servant or servants, during the term that the said F. shall have the said office or the custody, order and government of the said gaols, prisons and prisoners, by virtue and authority of the said office of Sheriff, and letters patents aforesaid: In consideration whereof the said A. doth by these presents grant, to and with the said F. that he the said A. and his assigns, shall at all and singular time and times, from time to time after the date of these presents, conserve, discharge, exonerate, save harmless and acquit the said F. his heirs, executors, administrators, and assigns, and every of them, and the sureties of them & every of them, of, for, and from all, and all manner of forfeitures, payments, and fines, pains, penalties, amerciaments, charges, losses, issues, damages, encumbrances and demands whatsoever, in any wise, in any court, or else where, to be set, paid, and sustained, suffered or had to our said Sovereign Lord and Lady the R. and Q. majesties, and the heirs and successors of them, or to any other person or persons in any wise, for & upon any escapes, executions, or returns of writs, commissions, privy Seals, proclamations, process, precepts, seals, and warrants, by any ways, manner or means, to, or upon the said F. for, upon, or under the said office of Sheriff in any wise directed, named or had, for any act, matter, default, office or thing, to be committed, done, neglected or suffered, perpetrated or had by the said A. or any of his said servants, ministers, deputies, or assigns, during the time that the said A. shall continued in their said authority or office, or any of them. * And also the said A. in consideration aforesaid, doth by these presents grant, that the said A. shall duly pay, enter into, or make perfect finish, acquit and discharge, for and in the behalf of the said F. in the Q. Court, now commonly called the Exchequer, and elsewhere all and singular, and all manner of profits, rents, debts, duties, and demands, accounts, costs, charges, fees, recognizances, & bonds, for or upon the said Sheriff, or any his sureties, or by reason or means of the said office of Sheriff, of, & in the said Counties of W. & L. or either of them, or of any Officer or Minister of the said Sheriffs office in any wise due or demandable, during the time that F. shall have the said office of the said Sheriff, of the said Counties of W. & L. or to be accountable thereof. And that the said A. shall daily, lawfully, & in convement time by himself or his assigns, bring unto the said F. his heirs, executors or administrators, his and their lawful acquittance and discharge for the accounts & duties of the said Sheriffs' office of both the said Shires of W. and L. for the time that the said F. shall have been Sheriff there by the said Letters patents. * Also the said A. G. doth by these presents grant, to & with the said F. that the said A. shall well and worshipfully make, provide, sustain and maintain at all and singular times, during the time that the said F. shall have the said office of Sheriff of the said County of W. by the said letters Patents, convenient and competent meat, drink, lodging, food, sustenance, and entertainment of the justices of Assizes, justices of jail delivery, and the Clerk of Assizes, and for all and every their Clerks, Ministers, & servants of any the justices and Clerks, & for the Horses & Moiles of them & every of them, & for all other attendants, at and about the said justices of Assize, or jail delivery, at, or within the said Counties of W. & L. during the said time & times, at & by the oversight & appointment of the said F. or such other person or persons, as the said F. shall thereunto nominate & assign. * Provided always, and it is granted and agreed by these presents, between the said F. and A. that the said A, or any other person in his behalf, shall not make or return any other panel, jury, or inquest, for, in, or upon any writ of Venire facias, or of any other process pursued, directed, or had, during the time of the said Sheriff of the County of W. out of any the Q. majesties courts, commonly called the Chancery, King's Bench, common Place, or Exchequer, unless the same panel, jury, or inquest, shallbe consigned with the hand of the said F. or of some other party that he shall nominate or appoint. Nor the said A. nor any person in his behalf, shall in any wise do or cause to be done, without the special licence of the said F. S. first obtained and plainly had, done, or appointed, any act, matter, or any thing upon any writ, commission, action, presentment, judgement, indictment, process, or suit, that in any wise, manner, or means shallbe, for, or against any of the Earls of S. H. etc. or any of them, or for, or against any other person or persons, that is, or hereafter shallbe known or declared to the said A. by the said F. to be his friend. * And it is also provided and agreed by these presents, between the said F. S. & A. G. that the said F. shall & may make, ordain, constitute, and appoint from time to time, during the time of his office by the said letters Patents, such persons, which during that time have, occupy, & enjoy the two Bailiwikes & offices of bailies, of, & in the hundred of R. & H. and either of them with thappurtenances in the County of W. aforesaid, and that the same persons shall have, take, occupy, & enjoy the said bailiwicks & either of them, together with all & singular manner of profits, commodities, & advantages with thappurtenances appendent to the same Bailiwikes, or either of them, in any wise concerning, growing, belonging, or during the time, over & beside that shallbe to the Q. Majesty: any thing in these presents contained to the contrary in any wise notwithstanding. * And the said F. doth moreover grant by these presents to the said A. that he the said F. & his assigns, shall in due & convenient time, as shortly & conveniently as may be after the time of the said office ended, account & declare to the said A. G. or his assigns, at the same manor of S. H. the true value & rend of all and singular rents, revenues, duties, and forfeitures, due to be paid, and then levied or leviable to the Queen's majesties use or behalf within the County of L. for, upon, in, or by the office of Sheriff there, during the time that the said F. was as is aforesaid, Sheriff there, and so much of the rents, revenues, duties, and forfeitures that the said F. or his assigns shall pay, or cause to be paid then to the said A. as the same F. or any other person to his use then hath received, and all the residue of the said rents, revenues, duties, and forfeitures there, which conveniently shallbe levied, the same shall 'cause to be paid to the said A. or his assigns, so shortly and speedily as may be, after that time they shall conveniently be levied and gathered there. And the said A. doth by these presents covenant and grant, that the said F. his executors and assigns, shall within forty days next after the said accounts for the said office of the Sheriff of the said Counties of W. & L. finished or determined, pay, or cause to be paid well and truly to the said F. S. his executors or assigns, all manner of allowances, profits, commodities, and advantages, that in any wise shallbe admitted, deducted or allowed in the said account or accounts, or by any part thereof in the said Exchequer for the diet of any the Iust. of Assize or jail, or any of their clerks, servants, or attendants, in either of the said Counties, or for any Tail of reward, or for any summons of Praecipe, or of any green ware, or of any such like matter or thing in either of the said shires of W. or L. And also the said A. doth by these presents grant to the said F. that he the said A. at least in one day in every xxi. days, during the time that he shall be undersheriff, as is aforesaid, & personally be in, or near unto the said County of W. shall come thence unto the said F. and on that one day, utter and declare the state of the said County of W. and the affairs concerning the said Office with thappurtenances thereof. And that also the said A. with all his officers and ministers, and power of the said County, shall duly and diligently attend to the said office, if any war, rebellion, or other notable matter or occasion during the time of the said office shall arise or be in either of the said Counties of W. or L. or there abouts. And also that the said A. shall well and diligently, honestly, and justly occupy, serve, and execute the said office of undersheriff of the said County of W. and honestly behave himself in all points, during all the said time that the said F. shall continued and be High Sheriff of the said Counties of W. and L. by virtue of the said letters Patents, and nothing done by himself, or any other person or persons, in any wise concerning the said office of Sheriff, or undersheriff of the said County of W. which shall be to the disworship of the said F. And also that these alterations of matters, articles, and things, in these presents in any wise mentioned or contained, may & shallbe reform & had at any time, from time to time, by the learned counsel of the said F. for the better and more perfect discharge and saving harmless of the said F. his heirs and executors upon the premises, or any of them, which the said A. granteth by these presents, by, and in all things to obey, perform, and fulfil. In witness whereof etc. ¶ A Covenant to make a lease by fine of Copyhold lands for years. THis Indenture made etc. Between E. C. & E. his wife of th'one Sect. 76. party, and H. W. on tother party. Witnesseth, that whereas the said H. W. as Copiholder, and tenant by copy of Court roll unto the said E. C. and E. his wife, as of their manor of C. aforesaid, hath and holdeth to him and to his heirs after the custom of the said manor, one measuage with certain houses &c. set, lying, and being etc. The said E. C. and the said E. his wife, for, and in consideration aswell of the performance of certain covenants, grants, articles, and agreements, mentioned and contained in a pair of Indentures had and made between the said E. C. and the said E. his wife on the one party, and the said H. W. on the other party, as for the sum of an C. li. of lawful money of England, to the said E. C. before hand paid, hath demised, granted, and to farm let unto the said H. W. all and singular the said messages etc. and all and singular the premises before recited with their appurtenances. To have and to hold the said messages etc. and all & singular other the premises with their appurtenances unto the said H. W. his executors and assigns, without any impeachment of any waist, from the feast of etc. unto th'end and term of eight years then next ensuing, fully to be complete and ended. Yielding and paying yearly unto the said E. C. and E. his wife, and to the heirs of the said E. C. the sum of etc. of lawful money of England: (that is to say) for the said messages, lands, and tenements with their appurtenances, in the tenure of the said H. W. x. shillings etc. And for the lands and tenements in the tenure of etc. seven. shillings etc. all which maketh up the said sum of etc. The said yearly rent to be yearly paid at the feasts of Saint Martin in winter, and Penticost by even portions. And if it shall fortune the same yearly rent of etc. As in clauses of distress. And the said E. C. and E. his wife for themselves etc. do covenant etc. to and with the said H. W. his executors and assigns, that the said E. C. & the said E. his wife, by fine in due form of law to be levied, shall at the costs and charges of the said H. W. assure and convey, or cause to be assured and conveyed the said messages, lands and tenements, and other the premises, by these presents demised and let to the said H. W. his executors & assigns, for and during the said term of viii. years, in manner and form, as shallbe devised and advised by the counsel learned of the said H. W. upon which grant and tender the said several rents before mentioned, shallbe severally reserved, in manner & form, as is before in these presents mentioned. ¶ A Covenant that the feoffor hath done none acts, but that he is seized, and so will continued. ANd the said F. R. doth further covenant etc. that he the said F. R. Sect. 77. hath not done, nor suffered to be done, any act or acts, thing or things, but that he the said F. is now lawfully seized to his own only use, of, and in the said tenements & premises, and every part thereof, with the appurtenances, of so good, sure, absolute, & indefeasibl estate in the law in fee simple, as he the said F. had by the gift & grant of the said R. C. and so will stand, remain, continued, & be thereof so seized, until the same be sufficiently conveyed & assured unto the said R. R. his heirs and assigns, according to the true meaning hereof etc. ¶ A Covenant for quiet enjoying in a special manner. THat the said R. P. & G. and every of them, and every other person Sect. 78. and persons, unto whom any use, interest, estate, or title, of, in or to the said manors, messages, lands, tenements, hereditaments, and premises with the appurtenances, or of, in, or to any part thereof, as is above in these present Indentures limited, appointed, intended or meant, shall and may peaceably and quietly have, occupy, and enjoy such, so many, and so much of the said manors, messages, etc. as is by these presents to him, her, or them limited, appointed, intended, or meant, during and according to his, her, or their several uses, interests, estates, and titles therein, and according to the true meaning of these presents, without any lawful let, suit etc. of etc. ¶ A Covenant not to cell lands but to T. R. without his licence. ANd the said R. & L. covenanteth etc. That neither they the said Sect. 79. R. and L. nor th'one of them, at any time hereafter during the life natural of the said T. R. shall ne will give, grant, sell, discontinue, convey or assure, in fee simple, or fee tail, any messages, cottages, lands, tenements, meadows, pastures, tents, reversions, remainders, services, or hereditaments, situate, lying or being &c. (other than the above sold premises) wherein they, or either of them the day of the date of these presents, have any estate of inheritance, in possession, reversion, remainder, or in use, nor the reversion or remainder thereof, or of any part thereof, nor charge nor encumber the same, nor any part thereof to any person or persons, other then to the said T. R. or his heirs, or to such other person & persons, and their heirs, as he the said T. R. or his heirs, shall for that purpose name & appoint etc. ¶ An Indenture between the Master of the Court of Wards and Liveries, and the heir, upon livery to be sued. THis Indenture made &c. between the right honourable Sir W. Sect. 80. C. knight, L. B. Lord Treasurer of England, & Master of the Q. majesties court of Wards & Liveries, And T. S. Esq. Surueior of the same Liveries, for, & in the name & behalf of our said Sovereign Lady the Queen on the one party, and M. C. son and next heir of I. C. late of W. in the County of Y. yeoman deceased on the other party, Witnesseth, that whereas our said Sovereign Lady is agreed to grant unto the said M. a general Livery to be had, of, and in all such Lordships, manors, lands, tenements, rents, reversions, services, and other hereditaments with the appurtenances, which to the said M. descended and came, in use, possession, or reversion, from the said I. as son & heir of the said I. as in the said general Livery more plainly it is contained. * Nevertheless, for that our said Sovereign Lady should not be deceived, but that her grace should have perfect knowledge and understanding of all those Lordships, manors, lands, tenements, rents, reversions, services, and other hereditaments, and the yearly value of the same, whereof the said M. willeth & intendeth to take any advantage, benefit, profit, or commodity, by reason or colour of the said general Livery. And also to the intent our said Sovereign Lady should not be deceived of any other Lordships, manors, lands, tenements, & other hereditaments, which been descended and come to the said M. by and after the death of the said I. in possession or reversion, or in use of possession, or in use of reversion: Or of any Lordships, manors etc. which have been put in any feoffment, fine, or recovery, to any person or persons, to those of any of the ancestors of the said M. whose heir he is, for the performance of any will, or otherwise, in use, possession, or otherwise, which shall, may, or aught to descend, remain, revert, or come unto the said M. or his heirs, after any such will performed, or use thereof determined, or of any Lordships etc. whereof the reversions descended and came unto the said M. by and after the death of the said I. The said M. C. hath delivered the day of the date hereof unto the said W. Lord B. Lord Treasurer of England and T. S. a writing in parchment indented, hereunto annexed, in which the said M. covenanteth and promiseth, that therein be contained and specified, all those Lordships etc. with the yearly value of the same, which the said M. willeth or intendeth to have, or shall have out of the Queen's majesties hands or possession by the said general Livery. And also of all those Lordships, manors etc. and other hereditaments, & the yearly value of the same, which have been put in any feoffment, fine, or recovery, and other conveyance, whereof the immediate use of the possession, or whereof the use of the reversion of the possession is descended & come unto the said M. by and after the death of the said I. or whereof those by and after the death of any tenant or tenants for term of life, or after any other estate, will, intent, or use thereof determined, shall, may, or aught to descend, revert, or come unto the said M. and his heirs, or to the heirs of his body lawfully begotten, or any other of his heirs: And that the said Lordships etc. in the same writing indented, mentioned and comprised been there valued to the uttermost and best value. * And over that, the said M. C. covenanteth and granteth for them, their heirs, executors, and assigns, to and with the said W. Lord B. Lord Treasurer of England, and T. S. that one Auditor or Auditors by our said Sovereign Lady to be assigned, or Auditor of the Queen's majesties Court of Wards and Liveries for the time being, shall at the cost and charges of the said M. and at such time as it shall please our said Sovereign Lady, her heirs and successors Kings of this Realm, or the said Master of the Queen's Court of Wards and Liveries, and Surueior of the same Liveries for the time being, to appoint or otherwise to search, view, and value the true value of the same. And that if upon any search, view, and value thereof to be appointed by our said Sovereign Lady, or by the Master of the Queen's court of Wards and Liveries, and Surueior of the same Liveries it can be proved, that any lordships, manors etc. and other hereditaments, and the yearly value of the same, whereof the said Master or any other to his use taketh, or hereafter shall or may lawfully take any advantage, benefit, profit, or commodity, by reason or colour of the said general Livery, be omitted and not contained and specified in the same writing indented hereunto annexed: Or else if that any Lordships etc. in the same writing specified, be of more better and larger yearly value, then in the same writing is limited, or else if that any Lordships etc. which were of the inheritance of the said I. and which by and after his death descended and came unto the same M. in use, possession, or otherwise, be omitted or undervalved in the same writing: Than our said Sovereign Lady shallbe by the said M. his executors or assigns, truly answered and satisfied of the yearly value of all those Lordships, manors, lands, etc. so omitted or undervalved. And also of all and every of the said Lordships etc. in the said writing, that be or shall happen to be undervalved, and that from the death of the said I. unto the trial & knowledge of the same. * And over that, the said M. C. covenanteth and granteth for him, his heirs, & executors, to and with the said W. Lord B. Lord Treasurer of England, and T. S. that for the concealment and offence in that behalf, if any such shall appear or be proved, the said M. C. shall content and pay unto our said Sovereign Lady, the double of one years value of all those Lordships etc. so omitted or undervalved, until such time as the said M. shall have agreed, to and with the said W. Lord B. Lord Treasurer of England, & T. S. or other Officers of the Queen's majesties court of Wards and Liveries, and Surueior of the same Liveries for the time being, for the said value and overplus of the lands, tenements, and hereditaments so omitted or undervalved. And shall found sufficient sureties for the payment of all such sums of money as shallbe agreed by the said Master of the Queen's court of Wards and Liveries, and Surueior of the same Liveries. * And furthermore, the said M. C. covenanteth etc. to and with the said W. Lord B. L. Treasurer of England, and T. S. that neither he the said M. or any other person or persons for him, or in his name, or by his consent, shall unquiet, molest, or disturb, any tenant or tenants in dower, or for term of life, in the name of jointures, of their lawful possession or interest, that they or any of them have, of, in, or to any lands or tenements comprised in this Schedule indented hereunto annexed, or any part or parcel thereof. In witness whereof to the one part of these Indentures, remaining to and with the said Master of the Court of wards etc. the said W. Lord B. Lord Treasurer of England, and T. S. have set their hands and Seals: And to the other part of these Indentures, remaining to the Queen's use in the said Court of Wards and Liveries, The said M. hath set to his hand and seal the day & year first above written. And the like of a special Livery, Mutatis mutandis. ¶ Covenants of Marriage, and jointure to be made. THis Indenture made &c. between W. P. & T. S. etc. Witnesseth that it is covenanted, concluded, & agreed, by and between the Sect. 81. said parties, in manner and form following, that is to say: the said W. P. covenanteth etc. that R. P. etc. by the sufferance of almighty God, shall espouse, marry, and take to wife G. S. etc. and her espouse and wed after the laws of the Church of England, before the feast etc. if they so long shall live, and the said G. S. will thereunto consent and agreed, and the laws of God and holy Church will that permit. And the said T. S. doth likewise covenant etc. that G. S. etc. shall marry and take to her husband the same R. S. etc. if etc. * And the said W. P. for the considerations abovesaid, and for a jointure unto the said G. S. to be had and made, for himself &c. doth covenant, grant etc. that he the said W. P. or his heirs, within one year next ensuing the date hereof, at the reasonable requests, costs, and charges in the law of the said T. S. his executors or administrators, shall and will suffer T. W. and I A. R. H. and G. P. well and sufficiently to recover to them and their heirs for ever, all the manors, messages, etc. by writ of Entre sur disseisin en le Post, to be had and prosecuted by them against the said W. P. before the justices of the Queen's Majesty that now is, her heirs and successors, of the common Place for the time being, by the name or names of etc. or by the like name or names in effect, or by some other sufficient name or names, unto which the said W. P. shall appear in proper person, or by his Attorney or Attorneys, and vouch the common vouchees to warranty, according to the usual form and order of common recoveries in such case heretofore used, and that the same recovery shallbe executed accordingly by Habere facias seisinam, and that he will do & suffer all & every other thing, which in that behalf shallbe requisite or necessary. * And the said M. P. etc. doth covenant etc. and it is the true intent and meaning of the said parties, and of these presents, that the same recovery so to be suffered, had, and executed, as is aforesaid, and the estate of the said T. W. I. A. R. H. and G. P. and every of them, and of the heirs of them, and every of them, of, and in the said manors etc. by force of the said recovery and execution thereupon to be had shall be and enure, And the said T. W. I. A. R. H. and G. P. the recoverers in the said recovery to be named, and the suruivor of them, and his heirs shall stand and be thereof seized to the only uses, intents, and purposes, hereafter in these presents mentioned, limited, & expressed, and to, or for none other intent or purpose: that is to say, of and in all the said manors of etc. except one mesuage and all lands thereunto belonging in D. in the said County etc. to the only proper use and behoof of the said W. P. & his assigns, during & until the feast of etc. to the only proper use & behoof of the said T. S. his executor's administrators, and assigns, during and until the full end and term of four years, than next and immediately ensuing, and fully to be complete and ended. And immediately from and after the end and expiration of the said term of four years, to the only proper use and behoof of the said R. P. and G. S. and of the heirs of the body of the said R. lawfully begotten, and to be begotten on the body of the said G. S. And for lack of such issue of the body of the said R. P. on the body of the said G. S. lawfully begotten, to the use of the said W. P & of the heirs males of his body lawfully begotten & to be begotten on the body of M. now his wife. And for default of such issue male, then to the only proper use and behoof of the said W. P. and of the heirs males of his body lawfully begotten and to be begotten. And for default of such issue male, then to the only proper use and behoof of the said W. P. and of the heirs of his body lawfully begotten & to be begotten. And for default of such issue, then to the only proper use and behoof of the right heirs of the said W. P. for ever. And of & in the said &c. before in these presents excepted &c. to the only proper use and behoof of the said W. P. for and during the term of his natural life, and immediately after the death of the said W. P. to the only use and behoof of the said R. P. & of the heirs of his body lawfully begotten, and to be begotten on the body of the said G. S. and for default of etc. (to such other use as it shallbe agreed,) and to or for none other use, intent or purpose. And the said W. P. for himself &c. doth covenant etc. that he the said T. S. his executors etc. shall and may have etc. to his or their own proper use, behoof, and commodity, from & after the said feast of etc. for and during the space of four years thence next ensuing, all the said manor etc. which the said R. P. and G. S. or either of them now hath, or hereafter shall have, during the term of four years, next ensuing the said feast of etc. without paying any rent, money or other thing therefore, and without rendering of any account thereofor therefore to any person or persons. And in consideration of the premises, the said T. S. for him etc. doth covenant etc. that he the said T. S. his executors or administrators, shall and will during the said term of four years, next ensuing the said feast of etc. at his and their own proper costs and charges, find and give, or cause to be found and given unto the said R. P. and G. S. sufficient meat, drink, lodging, and all other things necessary for either of them, at such place and places, as unto the said T. S. or his executors shall seem most meet and convement, if the said R. P. and G. S. will thereunto consent and agreed. And likewise during the said time and space last before mentioned, at his and their like proper costs and charges, shall conveniently place and provide for the said R. P. at some good School, or other convenient place, where the said R. P. may be taught, educated, and brought up in virtue and learning, if the said R. P. will thereunto sufficiently endeavour himself, consent and agreed. And over this the said W. P. covenanteth and granteth, that if the said manor and other the promises, (except before excepted) be not of the clear yearly value of one hundred pound, over all charges and expenses, that the same W. P. then at the reasonable request of the same T. S. etc. or any of them, shall make, or cause to be made like sure estate or estates, of, and in other lands and tenements within the said County, of as much clearly yearly value, as the said manor & other the premises (except before excepted) is under and lacking of the said yearly value of one hundred pound, to the said T. W. etc. and their heirs, to the use afore declared. And also shall suffer the said G. S. at her liberty and pleasure to marry one E. her daughter, to any person that it shall please her, And dispose such money and profits, as shall fortune to be granted and promised for the marriage of the said E. the daughter at the liberty and pleasure of the foresaid G. S. the mother, without contradiction or disturbance of the said R. P. or any person by his commandment, procurement, or assent. And that he the said R. P. shall not receive nor have any money or reward for the said marriage. Moreover the said W. P. covenanteth etc. that if it fortune the said G. S. the mother after the said marriage solemnised between her and the said R. P. to decease out of this world in the life of the same R. P. her husband, that then the said R. P. shall give licence, power, and authority to the said G. S. before her death, to make a Testament containing her last Will, and by the same testament to give and dispose at her pleasure, of the goods and cattles of the said R. P. amounting to the value of an hundred pound sterling. And that the said R. P. shall suffer such persons as the said G. S: shall name, to have and to do the execution and distribution of the same, according to her mind and pleasure. And that after her decease the said R. P. shall give, deliver, pay, and execute, to such persons as the same G. S. shall bequeath and appoint to have any of the said goods extending to the said sum of an C. pounds. Provided also and nevertheless it is covenanted and agreed, by and betwixt the parties to these Indentures, that if it should happen the said G. S. to die without issue of her body by the said R. P. lawfully begotten, before she shall accomplish her age of forty years, that then from the death of the said G. S. so dying before the said age of forty years, without issue of her body lawfully begotten, the said T. W. & his cofeoffees shall stand and be seized to the use of the said W. P. his executors, administrators and assigns, of the said manor etc. during the life of the longer liver of the said W. P. and M. from thenceforth, that is to wit, from the day of the death of the longer liver of them the said W. and M. the said T. W. and his said cofeoffees to stand and be seized to the only use of the said T. S. his executors and assigns, of the said &c. during and until such time as he shall have received the sum of CC. pounds of his rents and profits of the same rents, to be accounted according to the yearly rent of the premises, and that the said fine, recovery, feoffment, and all and singular other assurances whatsoever to be had, made, knowledged, executed, suffered, and permitted, of the said lands, tenements etc. shall be to the said several uses above recited: any thing therein contained, or any other assurance to be had or made concerning the premises to the contrary notwithstanding. Provided furthermore, and likewise excepted, that if it shall happen, by reason of disassenting of either of the said parties, or both of them, at such time as they shall accomplish the age and years of consent, that the said marriage shall not, or do not take effect, or if by reason of consent and agreement of both of the said R P. and G. S. that the said marriage do, or shall take effect, & then afterwards if it shall happen possibility of issue to be extinct, by death of the one or both of them, or by any other ways or means, that then immediately upon such possibility of issue extinct, or that the said marriage shall not take effect in form aforesaid, T. W. & other his said cofeffees & their heirs, & the heirs of the suruivor of them shall stand & be seized of all the said lands & tenements & other the premises, as they then should happen to fall & come in course, in manner & form above mentioned for years & term of life only, whereby the said T. S. his executors or assigns, shall & may be fully satisfied and paid of the said sum of money to him before limited by these present Indentures, according to the true meaning of the same, as is before expressed, only excepted to the use and behoof of the said W. P. his heirs for ever: any thing herein contained to the contrary thereof in any wise notwithstanding. And also the said W. P. for him etc. that if it shall happen the said M. daughter of the said T. S. to decease or die before she hath, or shall fully accomplish the age of xiiii. years, or before the said marriage had and solemnised between her and the said E. P. that then the said T. S. his executors or assigns, during the space of five years, from thenceforth next & immediately following or ensuing the death of the said T. S. shall and may quietly perceive, levy, and take the rents, issues, revenues, and profits of the said manors, lands, tenements, and other the premises with their appurtenances. And over this the said W. P. for him etc. covenanteth etc. that such manors, lands, & tenements, whereof the said W. P. now is seized in possession or reversion of any estate of inheritance, and not before in these present Indentures otherwise expressed, limited, or declared, which to the said W. P. descended or came in possession, reversion, or use, from any of the ancestors of the said W. P. immediately from and after the death of the same W. P. shall descend, revert, or come unto the said W. P. in possession or reversion of such estate of inheritance, as the said W. P. hath therein, if the said marriage take effect, the same manors, lands, tenements, and hereditaments at the time of the death of the said W. P. being clearly discharged and exonerated of all and every former bargains etc. Except &c. In witness etc. Hereunto may be added such covenants of being seized, & owner, of quiet enjoying and saving harmless, or to be seized to the uses aforesaid after the said Marriage, and such like, as are needful, according to the agreement of the parties, with all necessary exceptions and conditions. ¶ Covenants of Marriage. THis Indenture etc. Witnesseth, that in consideration of a Marriage Sect. 82. etc. The said T. T. covenanteth etc. that he the said T. T. at any time during the marriage between the said T. and the said E. will not alien, cell, give, grant, or otherwise dispose, esloigne, marry, or defeat, the wardship of E. R. son and heir of N. R. deceased, to any person or persons from the said E. except it be by the assent and agreement of the said E. And the said T. T. further covenanteth etc. that neither he the said T. T. nor any other person or persons, by his procurement, at any time during the said marriage, shall do or make any voluntary waist or sale, of, or in any of the woods or houses, whereof the said E. is now seized or possessed, except it be by the assent or agreement of the said E. And also the said T. T. covenanteth etc. that he the said T. T. at any time during the said marriage, shall not bargain, cell, give, grant, or otherwise alien any lease, leases, or farms, which the said Eliz. hath or possesseth, the day of the date of these presents, except it be by the assent and agreement of the said E. And the said T. T. further covenanteth etc. that he the said T. T. at such time and times as the said E. shall appoint, shall pay, or cause to be paid, of the legacies bequeathed by H. S. sometime husband to the said E. such, and somuch, and in such manner, as the said E. shall assign and appoint, in writing subscribed with her hand at any time, during the said marriage. And also if the said E. shall in writing subscribed with her hand, assign or appoint that the said T. T. shall pay to the said E. R. the sum of CC. pounds of lawful money of England, or any less sum of money, that then the said T. T. his heirs, executors, administrators, or assigns, shall satisfy and pay, or cause to be paid, to the said E. R. towards his advancement, the said sum of CC. pounds, or such other less sum of money, as she the said E. in writing subscribed with her hand at any time during the said marriage, shall assign & appoint the said T. T. to pay, and at such time and times, and in manner & form as the said Eliz. by the same writing subscribed with her hand, shall assign and appoint. And the said T. T. also covenanteth and granteth for him etc. That he the said T. T. or his heirs, within two years next ensuing the date hereof, shall assure and convey, or cause to be assured or conveyed by good and sufficient assurance and conveyance in the law, to the said E. for term of her life, or to other persons, & their heirs, to the use of the said E. for term of her life, for her jointure, such manors, lands & tenements with the appurtenances, & other the premises, in the said County of N. which shall amount to and be of the full and clear yearly value of one hundred pounds, of lawful money of England, over and above all charges and reprises. And also if it shall fortune the said E. to survive & overlive the said T. T that then the said T. T. shall as well leave the said E. worth as much debts, goods, and cattles, and other substances, as the said E. shall at the time of the marriage be clearly worth: As also give, grant, bequeath, or otherwise assure, to leave to the said E. over and above the said debts, goods, cattles, & other substance, as much ●o●ds, cattles, & other substance, as shall amount to the value of two thousand marks of lawful money of England. Provided always, that if the said T. T. at any time during the said marriage, shall by the assent in writing of the said E. subscribed with her hand, purchase any lands, tenements, or hereditaments, that then so much of the debts, goods, cattles, and substance, which the said T. T. by these presents hath covenanted to leave, assign, or assure unto the said E. as the sum or sums of money so to be paid, for, or by reason of the said purchase or purchases, shall amount unto, shallbe defalked, deducted, & forprised out of the said debts, goods, cattles and substance, so covenanted to be left, granted, or assured unto the said E. and out of the value of the same, And the said T. T. his heirs and assigns, to be of so much there of discharged, any thing in these presents to the contrary notwithstanding. And the said T. T. also covenanteth, that he the said T. T. shall suffer aswell all the manors, lands, and tenements, whereof the said T. T. now at this present is seized of any estate of inheritance, as also all other manors, lands, tenements, and hereditaments, that at any time hereafter the said T. T. shall fortune to have by descent, from any of his ancestors, in possession, reversion, remainder, or otherwise to descend, remain, or come in possession, reversion, or remainder, to the heirs males of the said T. T. which shallbe begotten of the body of the said D. E. clearly exonerated & saved harmless etc. of etc. And it is further provided and covenanted etc. that it shallbe lawful for the said T. T. during his life, or by his last will and testament, to demise, grant, devise, or dispose by th'assent and agreement of the said E. to their children, which the said T. T. shall beget of the body of the said E. or to any of them for term of their lives, or for term of life of any of them, any part or parcels of the said manors, lands, etc. (except before excepted) any covenant, grant, etc. before mentioned, to the contrary in any wise notwithstanding. And it is also further covenanted etc. that where the said T. T. by his writing obligatory, bearing date of these presents, standeth held & bound unto the said &c. in the sum of a M. marks of lawful money of England, with condition thereupon endorsed, for the performing & fulfilling of all and singular the articles, covenants, etc. herein contained, on his part to be observed & kept, as by the said writing obligatory it doth more plainly appear, if in writing subscribed with the hands of the said E. at any time during her life, it shallbe declared and expressed, that the said writing obligatory from thenceforth shallbe voided, or that she the said E. would have the said writing obligatory to be voided, that then, & from thenceforth the said writing obligatory shallbe utterly voided & of none effect. Provided always, that if at any time hereafter it shallbe declared in writing, subscribed with the hand of the said E. that her meaning or intent is, that any covenants, grants, articles, or agreements in these presents mentioned, shall be voided and of none effect, that then & from thenceforth, such, and so many of the said covenants, articles, & agreements, as shallbe expressed, mentioned or contained in any such declaration, shallbe from thenceforth utterly voided & of none effect: any thing in these presents contained to the contrary in any wise notwithstanding. Provided always, and it is fully agreed, by and betwixt the said parties to these presents, that it shallbe lawful, to and for the said T. T. by th'assent, consent, and agreement of the said E. to alien, cell, or exchange any part or parcel of the said manors, lands, tenements, or hereditaments, except the mansion house, or capital mesuage of H. in the county of etc. and the demean lands of H. aforesaid, and all lands, tenements, & hereditaments, accounted, reputed, or occupied as demean lands of H. aforesaid, at any time within 60. years last passed before the date hereof: And also except the said mesuage etc. so always that the said T. T. and his heirs, by reason of the said alienation, sale or exchange, do and shall receive, take, and have in lieu & recompense thereof, other lands, tenements etc. so much in quantity, & of so much yearly value, or better, and like estate or better, as the said lands so aliened, sold, or exchanged were of, to all respects & purposes. Provided always that it shall be lawful, to & for the said T. T. by his sufficient writing indented, sealed with his seal, & lawfully executed, to demise, grant, and let to firm, all and singular the premises with thappurtenances, or any part or parcel thereof, except such as be or shallbe assured to the said E. for her jointure, and except the said mesuage, lands, etc. to any person or persons, for term of three lives, or under, or for xxi. years or under, in possession only & not in reversion, so that the ancient yearly rents, customs, and services, or more be reserved or payable upon every such demise or lease, to have continuance during the term thereof, & so that any such demise & lease be not made without impechment of waist, & also to assure & convey a parcel of land called R. lying & being in G. to the use of the said E. for term of her natural life, so that the same be not made without impeachment of waist. Provided also, & it is agreed, by & between the parties to these presents, that it shallbe lawful for the said T. T. by his writing or writings, sealed with his seal, or by his last will & testament in writing, to give, grant, etc. to every & either of his younger sons of the body of the said E. lawfully begotten, not being the heir apparent of the said T. T. one annuity or ren● charge of x. l. by the year, for the term of the natural life of every such son, to whom such gift, grant, devise, or bequest shallbe made, issuing & going out of any the manors, messages, lands, tenements, & hereditaments of the said T. T. except before excepted. And also if it hap B. C. daughter of the said T. T. not to be married in the life time of the said T. T. that then it shall likewise be lawful, to and for the said T. T. by his writing indented, sealed with his seal, or by his last will and Testament in writng, to give, grant, devise, and bequeath to the said B. one annuity or rend charge of forty Marks by year, until the sum of CC. Marks be iemed and paid, that is to say: for the term of five years. Provided, that if the said B. happen to die before she shallbe married, that then the said annuity or rend charge to cease and be voided, and the said sum of CC. Marks, to be granted and assured unto her, for, and towards her preferment in marriage, or otherwise. And further, the said T. T. doth covenant and grant for etc. to and with etc. by these presents, that if the said marriage take effect, one three part of all and singular the goods, cattles, reals and personals, movable & immovable, jewels, plate, and implements of household, in three parts to be divided, whereof the said T. T. shallbe possessed at the time of his d●ath, or his executors, within one year next after his decease, without fraud or covin, shall remain & be by force of the gift, or of the last will and Testament of the said T. T. unto R. son and heir apparent of T. T. for, and in the name of such heirelomes as should and aught to be left by the said T. T. unto him the said R. And lastly the said T. T. for his part, doth covenant etc. by these presents, that if it fortune the said R. T. to decease in the life of the said T. T. his father, having any issue in life at the time of the decease of the said T. T. that then the said T. T. at the reasonable request of the said sir I. W. his heirs or executors, shall & will lawfully and sufficiently give, grant, assure, and convey unto any one of the sons of the said T. except the eldest son and heir apparent of the said R. T. one yearly rend charge of etc. issuing & going out of the said manors, messages, lands and tenements, except before excepted. To have and to hold the said rend charge, immediately from & after the decease of the said R. T. for & during the natural life of every the sons of the said R. T. to whom the same shallbe granted, conveyed or assured. And also that if it fortune the said R. T. to decease in the life of the said T. T. his father, than likewise he the said T. T. upon the like request of him the said sir I. W. his heirs or executors, shall and will lawfully, and sufficiently give, grant, assure, and convey lands and tenements of the clearly yearly value of etc. not before excepted, unto such persons and their heirs, as the said sir I W. shall nominate and appoint to the use of the said persons, for and until such time as the said persons, their heirs or assigns, shall or may have received, levied, and had of the issues and profits thereof, such and so great sums of money, as shall and will amount and extend, to content and pay to every one of the daughters of the said R. T. that shall happen to be unmarried, or the marriage money unpaid, at the time of the decease of the said R. T. the full sum of CC. l. a piece to every one of the said daughters, the said sum to be paid at such time, as they shall severally accomplish and come to the age of xviii. years, to & for their preferment in marriage, or otherwise. In consideration of which marriage, to be had and solenmized, and of the conveyances, grants, articles, and agreements aforesaid, the said sir I. W. doth covenant etc. to content satisfy and pay, or cause to be contented, satisfied, and paid, unto the said T. T. his executors, administrators, or assigns, being sufficiently authorised under his hand and seal, the full sum of 620. l. in manner and form following, that is to say, etc. And moreover it is covenanted etc. that if it shall happen the said T. T. to decease in the life time of the said E. having a daughter or daughters, of the body of the said E. that he the said T. T. by his last will and testament, or otherwise, by some act to be executed, or caused to be executed, in his life time, shall make such conveyance. assurance or provisoes, that every such daughter or daughters, at her or their several ages of xviii. years, may be truly satisfied, contented and paid, of the sum of C. l. etc. to and for their preferment of marriage. And it is further concluded betwixt the said parties, that it shall and may be lawful to the said T. T. by the consent of the said R. T. his son, to exchange any part of the premises for other lands (except before excepted) so as the said T. T. take and have to him and his heirs males, assured lands and tenements, of as much value or more as the lands or tenements, which he the said T. T. shall give away in exchange, shall amount unto, any thing etc. notwithstanding. And the said T. T. also covenanteth and granteth, to & with the said etc. that within one month next after the solemnisation of the marriage, he the said T. T. shall grant unto the said A. B. by his sufficient deed in writing and with a suficient clause of distress, one annuity or rend charge of C. l. to be going out, and to be perceived out of all the said manors, lands, tenements (the winture of the said E. and all lands wherein she hath or shall have any estate for term of her life, as is aforesaid only excepted) during the life of the said A. B. to take effect, presently after the solenmization of the said marriage, and to be payable at the feasts of etc. by even portions: the first payment thereof to be at such of the said feasts, as first shall happen after the said marriage. In witness whereof etc. ¶ Covenants of marriage of a King. he Indentura facta inter p̄clariff. & sereniss. Dei gratia I S. regem Sect. 83. ex una part, & dn̄am M. eadem gratia excellent̄, potent̄ ac metuendiss. principis H. dei gratia regis Angliae, Franciae, & Hib. etc. & Prae clarissimae illustrissimae dominae E. nuper reginae Ang. consortis suae f●liam primogenitam, & praefat' Regi S. per verba de pnsenti matrimon̄ contract' dispensat ex alia part, testatur quod cum praefat' sereniss. S. Rex per literas suas patentes, magno sigillo suo sigillat̄ ac signo suo manuali subscript̄, Dat' apud E. die mensis I. ultimo, dederit & concesserit praefat' M. principi castrum & villam de D. & maneris de N. & P. in regno S. cum suis membris, iuribus, proficuis, commoditat̄ & ꝑtinent̄ quibuscunque annui valoris sex millium librarum legalis & usualis monetae S. iam currentis & habentis cursum in regno Scotiae, Et quae constituunt 2000 libr' sterling or̄ monetae iam currentis & habentis cursum in regno Angliae. Habendum & tenendum praefat' sereniss. principi M. ad terminum vitae suae naturalis, prout in eisdem literis patentibus inter alia plenius apparere poterit: praefat' M. princeps bono laeto & pergrato animo tradidit & dimisit & per presentes concedit prefat' illustriss. principi S. regi omnes & fingulos fructus redditus & proventus ex predictis castris, villis, dominijs, manerijs, terris, & praedictis redditibus provenientes & crescentes. Saluis & exceptis & pfatae M. durant vita sua naturali reseruat ad usum s●●m ꝓprium de eisd' fractibus, redditibus & puentibus summa mill libra● legalis & usualis monetae S. iam currentis & habentis curs●m in regno S. quae faciunt & constituunt quingentas marcas sterlingorum monetae iam currentis & habentis cursum in Regno Angliae, Recipiend' annuatim per dict' regem S. vel per eius deputatos seu seruientes & praefat' M. principi ad usum suum proprium ad festa Pasche & Sanct' Michaelis Archangeli equis portionibus deliberand' & soluend'. Et praeter & ultra dictas mill libras monetae S. supportand', exhibend', p̄stand' & ministrand', supportari exhiberi praestari & ministrari faciendo durant vita ipsius illustriss. principis sumptibus & expensis eiusdem regis praefat' M. principi omnia & singula quae ad apparatum corporis sui, ornatum domorum suarum, vecturas, equitatus, suppellectilem, utensilia, victum ac vestitum, ac rem familiarem & domesticam & alias res quascunque, secundum honorem, statum, gradum & dignitatem ipsius M. principis necessaria fuerint seu quo modo libet condecentia, necnon familiaribus domesticis & seruiē●bus suis tam viris quam feminis, quorum quidem seruient̄ viginti & quatuor erunt Anglici, partim viri, partim feminae, ad optionem & electionem ipsius M. principis, esculenta, poculenta, stipendia, vestitus, vesturas, equitatus, ac omnia & singula alia quae eisdem familia●ibus, domesticis, & seruientibus secundum honorem & condecentiam status & dignitatis ipsius M. similiter necessaria fuerint seu convenientia, supportando, exhibendo, praestando & ministrando, supportariue & exhiberi praestari & ministrari faciendo. Et quoties & quando contigerit aliquem vel aliquam dict'seruient̄ suorum Angl'obire, totiens & tunc licebit eidem M. durant vita sua in loco demortuor vel demortuarum usque ad numerum duodecem personarum alios vel alias Anglicos vel Anglicas ad sumptus & expensas praedict' substituere, & subrogare: licebitque praefat' M. praedict' summam mill librarum & quamlibet inde parcellam de tempore in tempus durant̄ vita praef, illustriss, principis S. regis, in usus ipsius M. proprios & alienos usus sine impedimento ip sius I S. regis vel cuiuscunque alterius libere ad votum suum committere & disponere. Et si contingat prefatam M. principem pred sereniss regem S. superuivere & post mortem eius superstitem fore, licebit praef. M. principi post mortem eiusdem I. Regis S. perfectam realem & corporalem possessionem statum & titulum suos in praed' dominijs, villis, manerijs, terris praed' & redditibus durant vita ipsius M. principis continuare & retinere, fructusque exitus, proficua, & redditus ex eisdem prouenient̄ ubicunque pref. M. post mortem ip sius S. regis habitare vel morari, vel ad quae cunque regna vel partes extra idem regn̄ S. se transferre vel migrare placuerit vel contigerit, pacifice integre & plene sine aliquali diminutione, impedimento, expulsione, interruptione vel contradictione hered' vel successorum praefat' serenissimi domini regis S. vel alicuius aut aliquorum aliorum quorumcunque durant vita ipsius M. principis ad usum suum proprium percipere & habere, ista praesenti concessione seu dimissione in aliquo non obstante etc. ¶ A conveyance in jointure to sundry uses restraining alienation and reserving power to make jointures and leases. THis Indenture etc. Between F. M. and A. his wife and E. M. Sect. 84. son and heir apparent of the said F. M. and B. now wife of the said E. M. and daughter of R. S. on the one party, and the said R. S. on the other party, Witnesseth, that in consideration of a marriage already had and solemnised between the said E. M. and the said R. S. and for a competent and sufficient jointure to be had and made to and for the said B. in case she shall happen to survive or overlive the said E. her husband: And for a jointure also to be had and made to and for the said A. if she the said A. shall fortune to survive and overlive the same F. And in consideration also that the manors etc. hereafter mentioned shall and may for so long time as it shall please almighty God, be, remain and continued in the name, blood and kindred of the said parties, & every of them as hereafter in these presents is expressed and declared. It is now therefore covenanted, granted, concluded and fully agreed by and between the said parties to these present Indentures, And every of the said parties, for himself, his heirs, executors, administrators and assigns, and every of them by these presents doth covenant, grant, conclude and agreed to and with the other of them his heirs, etc. and every of them by these presents in manner and form following (that is to say) First the said F. M. for the causes and considerations herein before specified, and to the intent his last will may be performed, for himself, his heirs, etc. and every of them doth covenant, grant, conclude, and agreed to and with the said R. S. his heirs, executors and administrators, & every of them by these presents that the said F. M. or his heirs at their or some of their own proper costs and charges in the law on this side or before the feast of etc. next coming after the date hereof by his or their deed or other conveyance or assurance sufficient in the law, shall and will well and sufficiently convey and assure or cause to be conveyed & assured unto T. E. and A. E. and their heirs for ever, all those the manors and lordships of etc. And also the several moieties of all those the manors & lordships of etc. And that the said deed & other conveyance & assurance before mentioned to be made and every of them shall be and enure, and shallbe adjudged esteemed and taken to be and enure, And also that the said T. E. and A. E. and either of them, and the suruivor of them, and his heirs, and all & every other person & persons now standing or being seized of, or in the said manors etc. and other the premises or any parcel thereof, for the said considerations herein before expressed, at all times from and after the said feast of etc. next coming, or from & after the said conveyance or assurance had or made, as is aforesaid, which soever of them shall first happen, shall stand and be seized of, and in the same and every part thereof, to the uses & intents hereafter in these presents expressed. That is to say, to the use and behoof of the said F. M. and of his assigns for and during the joint lives of him the said F. M. and the said E. M. his son without impeachment of any manner of waist. And from and after the decease of the said F. in case the said F. shall fortune to departed this present life during the life of the said E. M. his son, Than as for and concerning the said manor and Lordship of T. with all his rights, members and appurtenances, to the use and behoof of the said A. now wife of the said F. M. and of her assigns for and during the term of her natural life (if the said E. M. the son shall happen so long to live.) And from and after the decease of the said E. M. Than as for and concerning the Scyte or chief mansion house etc. to the only use and behoof of the said B. for term of her natural life, for, and in full satisfaction and recompense of all such jointure and Dower, as to the same B. shall, or of right aught to belong or appertain, by, from or after the decease of the said E. M. her husband. And as for and concerning the residue of the said manor of etc. to the only use and behoof of the said A. and of her assigns absolutely for term of her life in full satisfaction of the jointure of the said A. And as for and concerning the reversion and reversions, remainder or remainders of the said manor etc. as the said uses, estates and interests thereof herein before limited or expressed, shall be fully ended and determined, And for and concerning the said manor of etc. as the estates and interests thereof before limited or expressed in these present Indentures shall fully end and determine: Than to the use & behoof of the said F. M. for term of his natural life without impeachment of any manner of waist. And from and after his decease, then to the use and behoof of E. M. for term of his life without impeachment of any manner of waist. And from and after his decease to the use and behoof of the first son to be begotten by the body of the said E. M. and of the heirs males of the same first son lawfully begotten. And for default of such issue then to the use and behoof of the second son to be begotten by the body of the said E. M. and of the heirs males of the same second son lawfully begotten. And for default of such issue etc. to the use of so many other sons as shall be thought meet in form aforesaid etc. And for default of such issue, then to the use and behoof of every other the sons to be begotten by the body of the said E. M. successively as they shallbe in seniority or age, and of the heirs males of their several bodies lawfully begotten. And for default of such issue, then to the use and behoof of all and every the daughters which the said E. M. shall have begotten on the body of the said B. at the time of his decease being then unmarried, and of their assigns from and after such time as each of them shall have accomplished their several age of xviii. years, or be married, to, & until such time as every of the same daughters successively one after an other, as they shall be in seniority or in age, shall or may levy, receive and take to every of their own proper uses and behoofes of the rents, profits and issues of the premises the several sums of three hundredth pounds a piece of currant money of England: or otherwise shall be fully satisfied, contented, or paid of the same several sums by such person or persons to whom the next and immediate reversion or remainder of the premises shall then by the intent and true meaning of these presents of right belong and appertain, And from after such time as the said several sums of three hundredth pounds shall be fully levied, received, or paid, as is aforesaid etc. And for default of such daughters which soever of them shall first happen: Than to the use and behoof of T. M. second son of the said F. M. for term of his natural life, without impeachment of any manner of waist. And from and after his decease then to the use and behoof of the first son to be begotten by the body of the said T. M. and of the heirs males of the body of the same first son lawfully begotten. And for default of such issue &c. (to other sons and daughters as here before.) And so to as many sons of the donor by name as shall seem good in manner above said. And for default of such issue, then to the use and behoof of the said E. M. and of his heirs for ever. And as for and concerning the said Moyties of the said &c. to the only use and behoof of the said F. M. and of his assigns, for, and during the term of his natural life without impeachment of any manner of waist. And from and after his decease, then to the use and behoof of the daughters of the said F. M. that is to say M. E. F. and C. and of L. M. daughter of the said E. M. as shall be unmarried at the decease of the said F. M. and of their assigns, for, and until such time as every of the said daughters so unmarried at the time of the decease of the said F. M. one after an other as they shall be in seniority, or in age, shall or may fully have, levy, receive, and take of the rents, issues and profits thereof, for, and towards their several preferments and maintenance, the sum of three hundredth pounds a piece of good etc. And from and after such time as the said several sums of three hundredth pounds a piece, shall, or may be had, levied or taken as is aforesaid, Than to the use and behoof of the executors and administrators of the said F. M. for and during the term of ten years, than next following, for, and towards the payment of the debts of the said F. M. the Father, and for and towards the performance of his last will and Testament. And from and after the end and expiration of the said term of ten years, Than to the use and behoof of the said E. M. for term of his natural life, without impeachment of any manner of Waste. And from and after his decease, then to the use and behoof of the first son to be begotten by the body of the said E. M. and of the heirs males of the body of the same first son lawfully begotten. And for default of etc. ut supra. And the said F. M. the father for himself his heirs, executors, and administrators, covenanteth and granteth to and with the said R. S. his heirs and assigns, and every of them by these presents, That he the said F. M. the father, his heirs, executors, administrators, or assigns, or some of them shall and will at all times, from, and after the decease of the said E. M. well and sufficiently acquit and discharge, or save harmless the said mansion house, lands, etc. and all other the premises herein before limited or appointed, to, and for the jointure of the said B. and every part or parcel thereof, of, and from all and all manner of former bargains, etc. whatsoever had, made, done, caused or knowledged by the said F. M. or any other person or persons by his title, assent, means or procurement. The rents and services from thenceforth to be due to the chief Lord or Lords of the fee or fees of the premises, And &c. only foreprised and excepted. And further that he the said F. M. and his heirs and assigns and every of etc. for further assurance in the law, surety, sure making and conveying of all the said manors, lands, tenements and other the premises, and every part thereof to be conveyed and assured to the several uses, purposes and intentes herein before expressed, and according to the intent and true meaning of these presents, Be it by fine etc. Nevertheless, it is always provided that it shall and may be lawful to and for the said E. M. T. M. R. M. G. M. and I M. the sons & to and for every of them, and to and for all and every of the issues males to whom any interest or estate is herein before limited in the premises or any part thereof, and being seized in demesne of any estate of freehold or inheritance, of, or in the premises or any parcel thereof not being expectant upon any other estate or estates at his and their & every of their free wills, liberties & pleasures, to make any lease or leases for term of three lives or xxi. years or under, & not dispunishable neither without impechment of waist to any person or persons, of all and singular the said manors, lands, tenements & other the premises in T. ●. etc. (ut supra) before mentioned, and every or any of them or any part or parcel thereof, other then of the scite or demesne lands etc. whereupon the old and accustomed yearly rents or more shall be reserved to continued during the same lease or leases so to be had or made, And that all such leases so to be made, shallbe good and available in law to all intents & purposes. And that at all times from and after the making of all and every such lease or leases, the said conveyance & assurance shallbe, And the said T. E. and A. E. and their heirs and assigns and every of them, and all and every other person and persons then standing or being seized of, or in the premises so to be demised or let or any part or parcel thereof, shall stand and be seized thereof, and of every part & parcel thereof, as for & concerning only all and every the same lands, tenements, and hereditaments, so to be demised or leased, as is aforesaid, to the use of all and every such person or persons, their executors, administrators or assigns, to whom any such lease or leases shall be so thereof made, and according to the true intent and meaning of all & every the same lease or leases and of these presents: So always as the same lessees, their executors, administrators, & assigns, and every of them do well and truly yield or pay, or cause to be yielded & paid the several rent and services in the same lease and leases, and every of them to be reserved, to such person and persons for the time being, as by the intent and true meaning of these presents shall have the next and immediate reversion or remainder of the same premises so to be leased, at the days and feasts to be comprised in all & every the same leases, or within ●l. days next ensuing every of the said days and feasts. And after the expiration of the same lease or leases, and every of them as they shall severally end and determine, than the said conveyance and assurance shall be and enure, And the said T. E. and A. E. and all and every other person and persons, then standing or being seized of, or in the premises so to be demised or let, or any parcel thereof, shall at all times from thence forth stand and be seized of, and in the same and every part or parcel thereof, to such uses, puposes & intents as been before in these presents expressed and declared, and as by the true intent and meaning of these presents they should or aught to have done, if no such lease or leases had been thereof at any time had ne made, any matter or thing to the contrary thereof in any wise notwithstanding. Nevertheless, it is always provided and fully covenanted &c. by and between the said parties to these present Indentures & every of them, that if the said E. T. M. R. M. G. and I M. or any of them or any the heirs of their several bodies to whom any use or uses, estate or estates, of or in the said manors, lands, etc. before mentioned, or any part or parcel thereof by these presents is limited, declared, appointed, or agreed to be conu●ied in manner and form aforesaid, shall at any time after the said assurance had & made as is aforesaid, advisedly, wittingly, determinately, & effectually procure or assent, to, or for any act or acts, thing or things, for any bargain, sale, discontinuance, alienation, exchange or forfeiture to be had or made of the said manors, lands, tenements, hereditaments and other the before named premises, or any part or parcel of them or any of them, to him, them or any of them, as is aforesaid, by these presents limited, declared or agreed to be conveyed in use or in possession, whereby any estate of the premises or any part or parcel thereof, in use or possession, mentioned, limited or declared by these presents, may, should, or might in any wise, or by any means be undone, discontinued, barred, determined or forfeited. And the same bargain, sale, discontinuance, alienation, exchange or forfeiture, or any other effectual thing or act towards the same effect, shall attempt, cause, procure, command, or wittingly or willingly assent unto, or suffer to be attempted, gone about to be executed, performed, prosecuted, or put in ure, by the knowledging of any note or notes, of, or for any fine or fines to be levied, or by knowledging of any warrant or warrants of Attorney or Attorneis, for any recovery or recoveries to be pursued, or entry into any warranty by any means whatsoever, or by knowledging any warrant for the same, or by any purchase of any writ or writs by them or any of them, or by any other by their or any of their assent or consent, by appearance or otherwise, to any writ or writs of the premises, or any part or parcel thereof, or to any thing in them or any of them, or by knowledging of any deed or deeds, writing or writings to be enroled, or by any other effectual act or acts, thing or things whatsoever whereof or whereby any bargain, sale, discontinuance, alienation, exchange or forfeiture shall and may ensue: That then immediately from and after the time of such procuring, attempting, causing, commanding, willingly assenting, suffering, or going about, in manner and form as is aforesaid, And before any such bargain, sale, discontinuance, alienation, exchange or forfeiture perfected, executed, committed or done, the said use and uses, estate & estates, limited and declared in these presents unto him, or them, and to as many as so shall attempt, cause, procure, command, or wittingly assent or suffer any such act or acts, thing or things to be prosecuted, executed, performed, done or put in ure or gone about to be executed, done, performed, or put in ure, in manner and form before declared, whereupon any bargain, sale, discontinuance, alienation, exchange or forfeiture shall, may or might ensue, contrary to the true intent and meaning of these presents, of and in such and so much of the said manors, lands, tenements and hereditaments, with the appurtenances, for the which any the thing or things aforesaid shall be so attempted, caused, procured, commanded, assented or suffered to be executed, performed, done or put in ure, or gone about to be executed, performed, done or put in ure, contrary to the true meaning of these presents, shall cease as in respect only and having regard to such person or persons, only so attempting, procuring, causing, commanding, willingly assenting to, suffering or going about any such act or acts, thing or things aforesaid, as if such person or persons so attempting, causing, commanding or procuring were naturally dead & not otherwise. And that then and in such case it shall be lawful to and for every such person and persons, to whom the use and possession thereof should come, grow, or be by the true intent and meaning of these presents, to enter and to enjoy the same, as if such person or persons that so shall procure or assent to or for any such act or acts, thing or things to be done or attempted, were naturally dead & in none otherwise, & of such and the like estate & estates, and in like manner and form to all intents and purposes, and with like remainders in use over, and with like limitations and conditions, as the same should have comen, grown or been, if the same person that so shall procure or assent to or for any such act or acts, thing or things to be done or attempted, at or immediately before the time of such procuring or assenting were naturally dead, and in none other manner. And the said R. S. on his part and in consideration of the said marriage doth for himself, his heirs and executors, covenant, promise & grant to and with the said F. M. his heirs and assigns and every of them by these presents: That he the said R. S. or his heirs, at his or their, or some of their own proper costs and charges, shall and will before the feast of etc. next coming after the date hereof, well & sufficiently convey and assure, or cause &c. (ut supra like in all things to the making of the conveyance made by the said F. M.) Which conveyance and assurance so to be had and made of the said manor of C. etc. and all other the premises last before mentioned, or any part or parcel thereof, as is aforesaid, And all other conveyance & assurance thereof, or of any part thereof to be had or made, at any time or times on this side or before the feast of &c. shallbe, and all persons standing or being seized of or in the said premises last mentioned, or of any part thereof, at all times from and after the said feast, or from or after the said conveyance and assurance last mentioned so had and made, as is aforesaid, which so ever shall first happen, shall stand and be thereof and of every part and parcel thereof seized to the uses, intents and purposes, hereafter in these presents expressed and declared, & to or for none other use, intent or purpose: That is to say, to the use & behoof of the said R. S. and of his assigns, for and during the term of his natural life, without impeachment of any manner of waste. And from and after the decease of the said R. S. to the use & behoof of the executors, administrators & assigns of the said R. S. for and until the full end and term of four years next and immediately ensuing the decease of the said R. S. and from and after the said term of four years being fully ended & expired, Than to the use and behoof of the said E. M. and B. and of the heirs males of the body of the said B. by the said E. M. lawfully begotten. And for default of such issue, then to the use and behoof of the heirs females of the said B. by the said E. M. lawfully begotten. And for default of such issue, then to the use & behoof of the heirs of the body of the said B. lawfully begotten. And for default of such issue, then to the use and behoof of E. S. wife of H. S. and F. H. now wife of I. H. other two of the daughters of the said R. S. and of the heirs of their two bodies lawfully begotten. And for default of such issue, them to the use of such person & persons & their heirs, as the said R. S. shall by his last will and Testament in writing, or by any other his deed Indented by him to be sealed and subscribed with his name and proper hand writing shallbe to that end named and appointed, and that in such sort with such limitations and conditions, as therein shall be named and appointed. And for want of writing and such last will and testament, and after those & estates herein before in these presents limited or expressed being fully ended: Than to the only use & behoof of the said R. S. & of his heirs & assigns for ever, & to none other use, purpose, or intent. Provided always, that if etc. E. M. ut supra ex part F. M. And mortover it is covenanted, granted, concluded, condescended, and fully agreed, by & between the said parties to these present Indentures, & every of the said parties for himself, his heirs and assigns doth covenant, grant, conclude, and agreed, to and with the other of them, their heirs and assigns, and every of their heirs and assigns and every of them by these presents, that aswell the said F. M. and R. S. and their heirs, & the heirs & assigns of either of them, as all and every other person and persons now standing or being seized, or which at any time or times from or after the said feast of etc. next coming after the date hereof shall stand or be seisid, of, or in the said manors, messages, lā●s, tenements, and other the premises before in these presents mentioned or expressed, or every or any part or parcel thereof, which before the said feast of etc. next coming shall not be sufficiently conveyed & assured unto the said T. E. and A. E. and their heirs, to the several uses, purposes & intents herein before expressed at all and every time and times, from and after the said feast of etc. next coming, for the considerations aforesaid shall stand and be seized, of, or in the same and every part and parcel thereof, to the uses, purposes and intents before here in these presents expressed and declared, according to the intent & true meaning of these presents, and to none other uses, intents & purposes: any matter or thing to the contrary thereof in any wise notwithstanding. In witness whereof the parties aforesaid to these present Indentures interchangeably have set their hands and seals. Dated the day and year first about written. ¶ Covenants of Marriage and for a jointure. THis Indenture made &c. between R. C. of th'one party, & A. C. of Sect. 85. the other party, Witnesseth, etc. For & in consideration of which marriage so to be had & solemnised between the said parties in form aforesaid, And for and in consideration of the sum of five C. marks of etc. before hand paid, whereof the said etc. And for the natural love and affection which the said I. C. beareth unto the said F. his brother and heir apparent, And for a jointure to be made after marriage had to the said A. the intended wife of the said F. and for the extinguishment of one annual rent or annuity of x. l. or thereabouts, claimed by the said F. out of the lands, tenements, and hereditaments of the said I C. by reason of the last will and testament of I. C. deceased his late father and otherwise, and also for divers other good considerations him moving, he the said I C. for him his heirs, executors, and administrators, and every of them doth by these presents covenant, grant, promise, and agreed, to and with the said R. C. his heirs, executors and administrators, and every of them, that he the said I C. is lawfully seized of an estate of inheritance; of and in the manor of F. etc. and of, & in divers etc. of the clear yearly value of an C. pounds or more. And that he the said I C. his heirs or assigns, within forty days next after the solennization of the said marriage to be had between the said F. and A. in form aforesaid, shall make and execute, or cause to be made & executed unto the said F. C. and A. his intended wife, one good, sure, lawful and sufficient demise or lease in writing for the lives of the said F. and A. & the longer liver of them, And shall thereupon execute estate of the same by livery of seisin, and by atturnment of all the tenants thereof, or otherwise in due form of law make sufficient assurance & conveyance of all that the said manor of etc. and of etc. Except &c. To have and to hold the said manor of F. & all the land, tenements, & other hereditaments, with the appurtenances thereunto belonging or appertaining, (except before excepted) to the said F. C. and A. his intended wife for term of their two lives, and the longer liver of them, reserving in the said lease to the said I. C. and his assigns during his life the yearly rent of twenty pounds at 2. usual feasts in the year to be paid: That is to say, at the feast of Saint Philip and jacob, and at the feast of Saint Michael th'archangel by even portions, with a clause of distress & nomine penae to be contained in the said lease, That if the said rend or any part thereof be behind at any of the said feasts, during the life of the said I. before limited, and by the space of forty days after, it being lawfully demanded, that then the said F. C. and A. his wife, and the longer liver of them, shall forfeit and pay to the said I. C. his heirs and assigns, over and above the said rent so being behind and unpaied five pounds of lawful English money nomine penae, & with a clause of distress, aswell for the said sum of ●▪ pound's nomine penae, as for the said yearly rend of xx. pounds so to be reserved by the said lease. And also with a covenant to be contained within the said lease on the behalf of the said F. and A. that the said F. and A. and the longer liver of them shall from thenceforth sufficiently repair, uphold, maintain, and keep the said manor and all other the premises with their appurtenances together with all the buildings, seadickes, walls, banks and fences belonging to the same, in all manner of necessary and needful reparations, when and so often as need shall require, during the said estates for life of the said F. and A. and the longer liver of them before limited, at the proper costs and charges of the said F. and A. and the longer liver of them. And that the said F. and A. and the longer liver of either of them, shall also during the estates of the longer liver of them pay all manner of out-rents due to be paid and going out of the premises before limited, For the better perfecting and assurance of which said lease, & for the assurance of a ioiuture to be made to A. now wife of the said I C. and for the extinguishing of all titles of Dower of the said A. now wife of the said I. in all the hereditaments in F. and B. aforesaid, and in all other the manors and hereditaments of the said I C. And for the defeating and making void of all former supposed ancient intailes whatsoever of the said manors, lands, and hereditaments, before leased by these presents, in manor and form aforesaid, whereby the said lease may the better be perfected and made sure, without any scruple or doubt in law. And for the establishment of a great part of the inheritance of the said I. hereafter mentioned to the heirs males of his house, And for divers other good causes & considerations him moving, he the said I C. doth further covenant etc. that he the said I C. & the said A. his wife, at the only costs & charges in the law of the said Sir R. C. and his heirs, shall within one half year next after the marriage aforesaid, acknowledge and levy a fine with Proclamations according to the Statute in that case provided, before the justices of the Common pleas at Westminster in due form of Law, according to the common course of fines in such cases used, unto I. T. R. S. H. V and A. G. aswell of and in the said manors, and all other the premises with the appurtenances in F. and B. aforesaid, being now of the value of C. pounds, as also of the manor of T. with thappurtenances, over and above all yearly charges and reprises, by the names of the manors of F. and T. with thappurtenances etc. or by the like names in effect, by which fine with Proclamations or the like in effect, or by any other name or names whatsoever, so to be levied and knowledged in form abovesaid, he the said I C. shall knowledge the same manors and all other the premises with the appurtenances by the names aforesaid, or the like in effect to be the right of the said conusee, or one of them, as that the said conusees have of his right. And by the same fine shall remise, release and quite claim the said Manors, lands, tenements and hereditaments, and all other the premises with their appurtenances, from him and his heirs to the said Conusees and their heirs, or to the heirs of one of them for ever. And further shall by the same ●ine so to be levied and knowledged in form aforesaid, warrant the said manors, lands, tenements, and hereditaments, and all other the premises with their appurtenances to the said Conusees and their heirs for ever against all men: which said fine with Proclamation or the like in effect, so to be levied and knowledged for the consideration abovesaid shallbe, and the Conusees therein named, their heirs and assigns shall stand and be seized by virtue and force thereof to the several uses and intentes, and upon the considerations in these presents hereafter severally expressed and declared, and to none other use, intent, or purpose: That is to say, of and in the said Manor of F. etc. and of etc. to the use and behoof of the said I C. and of the heirs males of the body of the same I. lawfully begotten. And for default of such issue to the use and behoof of the said F. C. and of the heirs males of his body lawfully begotten, and for default of such issue to the use and behoof of the said I C. and of his heirs for ever. And of and in the said manor of T. etc. and of all etc. to the only use and behoof of the said I C. and A. now his wife, and of the heirs males of the body of the said I C. begotten, for and in full recompense and satisfaction of all titles of Dower and jointure of the said A. of and in all tenements and hereditaments of the said I. And for default of such issue, then to the use and behoof of the said F. C. and of the heirs males of his body lawfully begotten, And for default of such issue, then to the use and behoof of the said I C. and of his right heirs for ever. And the said I C. etc. doth covenant etc. that the said Manors of F. etc. now be, and at the time of the said lease and assurance to be made, shall be, and so shall and may continued and be for ever hereafter clearly acquitted, discharged etc. and encumbrances whatsoever had, made or done by the said I. C. or by any others for him, in his name, or by his means, assent or procurement etc. And that the said F. and A. and their assigns paying the aforesaid rent of twenty pounds, at the feasts aforesaid, shall, and may during their lives and the longer liver of them at all times from and after the said marriage so had and solemnised, have, hold and enjoy the said Manor of F. etc. (except before excepted) according to the intention of the lease aforesaid, without any lawful let or interruption of the said I C. his heirs or assigns. Provided always, and it is covenanted, granted, condescended, concluded and fully agreed between the said parties to these presents, that if the said I C. or any the heirs males of the body of the said I. lawfully begotten at any time hereafter shall earnestly and effectually by open deed or act intend, go about or atrempt any Act or thing, deed or devise to be done or suffered, whereby the said Manors of F. and etc. or whereby any use or uses, estate or estates of the same manors, or any of them, or any part of any of them, or other the premises in the said Towns last recited, or any of them should, might or shallbe discontinued, aliened, avoided, changed or determined, Or otherwise shall charge or encumber the same manors or any of them or any part of any of them, or other the premises in the said Towns of F. B. T. F. W. K. A. and S. aforesaid, otherwise then with such charges and encumbrances as shall only endure during the life of the said I C. or during the only life or lives of such heirs as so shall charge or encumber, as is a foresaid, or otherwise then with such encumbrances by leases, as be now left at the liberty of the same I. to do by these presents, or with leases of the said manor of T. or of any parcel of the premises in T. F. A. W. K. and S. for twenty one years at the most, whereupon the accustomed rent or more shall be reserved and payable during the term thereof: That then and from thenceforth the use of the same I. C. and A. his wife and of the heirs males of the body of the said I. in such of the premises as shall be enterprised and used contrary to the true meaning aforesaid, shall from thenceforth cease. And then and from thenceforth the said I T. R. K. H. V and A. G. and their heirs shall stand and be seized of the same Manors and other the premises, and every part of every of them so enterprised or used, contrary to the meaning aforesaid, to the only use of the same F. and the heirs males of the body of the same F. lawfully begotten. And for default of such issue to the use of the right heirs of the said I C. for ever. Provided also, and it is covenanted, granted, condescended, concluded and fully agreed between the said parties to these presents &c. (ut supra for the other lands.) And for the preferment of the heirs males of the body of the said F. C. in remainder after the death of the said I C. having issue male of his body, he the said I C. doth further covenant, grant, condescend and conclude for him his heirs, executors, administrators and assigns, to and with the said R. C. his heirs, executors, administrators and assigns by these presents, That if it fortune that the said I C. at any time hereafter during his life to have any issue male of his body lawfully begotten, that then he the said I C. his heirs, executors, or administrators within one year next after such issue male of his body so had, and it being then in life, shall upon the reasonable request of the said R. and of his heirs as well by fine as other good lawful and sufficient assurance and conveyance in the law at the only costs and charges in the law of the said I C. sufficiently assure and convey or 'cause to be assured or conveyed to certain feoffees by the same R. his heirs or assigns to be nominated and appointed certain other lands, tenements and hereditaments to the full and clear yearly value of xx. l. over and above all charges and reprises to the only use of the said I C. for term of his life without impeachment of waist. And after his death then to the use and behoof of the same I. & of the heirs males of his body lawfully begotten, for, and until such time as the same F. shall have issue of the body of him the said F. and the said A. lawfully begotten. And after to the use of the same F. for term of his life, without impeachment of waste, And after his death to the use of the heirs males of the body of the said F. lawfully begotten of the said A. And for default of such issue to the use of the right heirs of the same I. for ever discharged or otherwise from time to time thenceforth to be saved harmless of all encumbrances, had, made, suffered, procured, or done by the same I. or his heirs. In witness whereof etc. ¶ Covenants of Marriage. THis Indenture made &c. between P. S. M. W. & L. S. on the Sect. 86. one party, And T. P. the elder & R. T. on tother party, Witnesseth, that where the said P. by God's grace shall shortly marry, and take to his wife A. B. widow, And likewise the said A. etc. In consideration of which marriage to be had and solemnised, it is covenanted etc. (that is to say) the said P. S. M. W. and L. S. and every of them for etc. that the said P. at, and immediately after his decease shall leave unto the said A. to her own proper use, if she be then living, all and singular such lease and leases, goods, cattles, plate, jewels and money as she shall bring with her to the use or possession of the said P. The true values whereof are expressed, and do appear in an Inventory indented to these presents annexed, or the true value of the same according as the same are valued in the said Inventory without any wilful waist, spoil, destruction, or diminution thereof, or of any part thereof to be had, made or done, of, in, or upon the same, or any part thereof by the said P. or any other by his procurement or means, to th'intent to defraud the same A. or her assigns of the same. And also that he the said P. shall then at the time of his decease leave, give or lawfully convey and assure unto the said A. to her proper use, goods, cattles, plate, jewels, & ready money of the proper goods of the same P. to the value of 200. l. etc. over & above the said leases, goods, cattles, place, jewels, and money specified in the same Inventory, without any fraud or guile by him &c. done or wrought therein to defraud her of the same. And also shall immediately after his decease leave, give, bequeath or by other lawful means in the law assure & convey to the said A. to her proper use all the Farm or Manor of etc. & all his lease, or term of years that he hath, or then shall have in etc. & that the executors or administrators of the said P. shall within one half year next ensuing after his decease well and truly deliver, or cause to be delivered to the hands, use, and possession of the said A. the said goods &c. to the said value of CC. l. & every part thereof. And the Indenture of the said lease of the said manor of etc. whole, safe, and uncancelled and in full force and strength, for as many years as shall be at his decease to come of the aforesaid term, without any act, thing, or things, fraud or covin by him or them, or any of them to be done or willingly suffered to the contrary. And furthermore the said P. S. M. W. and L. S. for them etc. covenant etc. That if it shall fortune the said P. at any time after the said marriage had between him and the said A. during their two lives to purchase, obtain, get, or have any lands, tenements, possessions or hereditaments in fee simple, or any estate of inheritance, that then the said P. shall within reasonable time after the said purchase, obtaining or getting of the said lands etc. from time to time 'cause the same lands etc. to be assured and made sure to the said P. & A. and to the heirs of their 2. bodies lawfully begotten, and for default of such heirs to the right heirs of the said P. And furthermore the said P. S. M. W. & L. S. for them etc. covenant etc. that if the said P. at any time hereafter by the consent of the said A. shall purchase or buy any manors, lands, tenements, or hereditaments, with the money, goods, jewels, plate or cattles before by these presents covenanted and agreed to be left unto the said A. being mentioned in the same inventory, that then the said P. shall assure, and convey, or cause to be assured or conveyed all the said &c. with their appurtenances so to be purchased & bought at a reasonable time after or upon the purchase hereof so had & made to the said P. & A. & to the heirs of their 2. bodies between them lawfully begotten, & for default &c. (ut supra) Provided always, and it is fully covenanted, concluded and agreed between all the said parties by these presents, that if the said P. shall at any time hereafter by consent of the said A. bestow and employ all or any of her said goods, cattles, money, plate, jewels or leases before by these presents covenanted and agreed to be left to the same A. in, or upon the purchase of the manor etc. and upon, or after the said purchase do assure, and convey the same manor so purchased etc. to the said P. and A. and to the heirs of their two bodies lawfully begotten. And for default etc. that then the said P. M. and L. their he●rs etc. & thexecutors etc. of every of them after the same purchase & assurance so had & made to the said P. & A. in manner & form aforesaid, shallbe discharged of the payment and delivery of so much of the same money etc. above limited to be left unto her as the same manors etc. so purchased and assured to the said P. and A. & to their heirs aforesaid, shall be duly proved to have cost at the time of the buying and purchase of the same without fraud, covin, or guile any thing rehearsed to the contrary etc. And furthermore the said P. S. M. and L. etc. covenant etc. that he the said P. nor his assigns nor any other person or persons by his or their means, consent or procurement shall do or commit, or wilfully permit or suffer to be done any act or acts, thing or things whereby such lease or term of years as T. B. late husband of the said A. did give unto the said M. B. their daughter after the decease of the said A. by his last will & testament, might be determined, surrendered extinct or impaired, but that the said manor, lease, and term of years immediately after the decease of the said A. shall & may come to the said M. according to the will & testament of the said T. B. And also shall deliver unto the said M. at the day of her marriage or within one year after, the residue of all such goods, money, plate or household stuff as the said T. B. her late father did bequeath to her by his last will & testament being duly proved to have comen and remain, & be in the hands & possessions of the said P. & A. And further the said P. S. M. & L. etc. covenant etc. that if it shall fortune the said A. to decease or departed this mortal world before the said P. without any issue of their two bodies between them lawfully begotten, that then the said P. within one month next ensuing after the decease of the said H. shall give & pay, or cause to be paid to the said M. xl. li. etc. to buy a nest of goblets. And further, if it shall fortune the said A. to decease before the said P. that then the said P. shall licence the said A. before her decease, to declare and make her last will & testament in writing & by the same to give & bequeath to any person or persons legacies to the value of etc. at her pleasure, & the same last will and testament so made & declared &c. the said P. shall in all things perform and fulfil according to the tenor and true meaning of the same. In witness whereof etc. ¶ Covenants of marriage. THis Indenture etc. Witnesseth, That it is covenanted and granted, concluded and agreed, by and between the said parties to Sect. 87. these presents in manner and form following. And first the said B. T. for himself &c. doth covenant etc. that T. T. his son and heir apparent, at or before the sixth day of june next ensuing the date hereof shall (by the grace of God) marry and take to his wife A. R. daughter of the said T. R. if she will thereunto assent, & the laws of the church will that permit. And that he the said B. T. his heirs or assigns before the sixth day of I. at the reasonable costs & charges in the law of the said T. R. his executors or administrators, shall and will make or cause to be made such a good, sure, sufficient, and lawful estate of all his manors and lordships of K. etc. unto R. S. I. L. R. R. and T. R. & their heirs for ever, as shallbe reasonably devised, advised or required by the said T. R. or his heirs, or by his or their counsel learned in the laws of this realm, to the only uses and behoofes hereafter in these presents declared, that is to wit, that the said feoffees, their heirs, & assigns shall stand and be seized of all the said manors, tenements, hereditaments & premises with thappurtenances in etc. to the use and behoof of the said B. T. and his heirs for and until the day of the solemnisation of the said marriage, and from and after the solemnisation of the said marriage to the only use and behoof of the said T. T. & A. for and during their 2. lives, and during the life of the longer liver of them, and from and after their deaths to the only use and behoof of the said T. T. & to the heirs males of the body of the said T. T. of the body of the said A. lawfully begotten, & for default of such issue male, them to the use and behoof of the said B. T. and the heirs males of his body lawfully begotten. And for default of such issue male, them to the use of the right heirs of the said B. T. and his heirs for ever. With a Covenant to save harmless, Except the jointure or dower, or title of jointure or dower of L. now wife of the said B. and except all leases for years or lives etc. And except all such ancient estates tail as have been heretofore made of the said tenements and premises, or of any part thereof, by any ancestor or ancestors of the said B. And except all such ancient ways and commons of pasture, estovers, quarry and turbary, as have time out of mind been rightfully had and used in or through the same or any part thereof, if any such be. And except the chief rents and services, and other rents of ancient time due and accustomed to be paid, hereafter to become due or payable out, of, or for the premises or any part thereof. Here may be added Covenants of being seized etc. and of further assurance to the uses abovesaid etc. and for quiet enjoying etc. And of, and in one other tenement in etc. to the use of the said B. during his life, & after the decease of the said B. then to the use & behoof of the said T. T. and of the heirs males of his body on the body of the said A. lawfully begotten, and for default of such issue, to the use of the issues females of the said T. T. of the body of the said A. lawfully begotten, for, and during the space of so many years after the deaths of the said T. T. and B. as there shall be several issues females of the bodies of the said T. T. and A. lawfully begotten living after the deaths of the said T. T. and B. if there 〈◊〉 be then living more than one, and under ●iue such issue's females. And if there shall be living after the death of the said B. & T. T. without issue male of the bodies of him and the said A. lawfully begotten 〈◊〉 or more such issues females of their bodies lawfully begotten; th●n to the use of the said ●iue or more such issues females of their bod●●s lawfully begotten, for, and during 4. years next after the deaths of the said T. T. and B. And if after the deaths of the said B. and T. T. without issue male of the bodies of the said T. T. and A. lawfully begotten, there shallbe living one only such issue female of their bodies lawfully begotten: Than to the only use and behoof of the same one such issue female during the space of two whole years next after the deaths of the said B. and T. T. And if at the death of the said T. T. the said B. being then dead, there shall be no issue male or female of the bodies of the said T. T. and A. living: Than to the only use of such his daughter or daughters being borne alive, as the said A. shall be with child with by the said T. T. at the time of his death during the space of two years next after the deaths of the said T. T. and B. if the said daughteror daughters, or any of them so long do live. And from and after the end of such years as be so hereby before limited to the uses of the said issue or issues female of the bodies of the said T. T. and A. lawfully begotten after the death of the said B. to the use of the said T. T. and of the heirs males of his body lawfully begotten. And for default of such issue male, then to the use of the next issue male of the body of the said B. lawfully begotten, and to the heirs males of his body lawfully begotten. And for default of such issue male, then to the use of the next heir male of the said B. and the issue male of the body of that heir male lawfully begotten. And for default of such issue male, then to the use of the said B. & his right heirs for ever, and to, or for none other use, intent, and purpose. Provided always and upon condition following, and nevertheless it is the true intent and meaning of these present Indentures, and of all the parties to the same, and of all the assurances hereafter to be made by the said B. of the said manors, lands, tenements, and hereditaments, with the appurtenantes in S. K. S. E. N. K. S. T. H. M. aforesaid, and of every or any part thereof, that it shall and may be lawful unto the said B. at all times hereafter during the life of the said B. to grant and assure unto L. T. the younger son of the said B. one yearly rent or rend charge of 20. mar●es of lawful English money, with a clause of distress for the same to be issuing, perceived, had and taken by the said L. or his assigns, from such time as it shall please the said B. by his said grant to limit the same yearly to begin during the life of the said L. or during any number of years, that the said B. shall therefore set down, name, or appoint, if the said L. shall so long live, out of all or any of the said manors, lands, tenements or hereditaments in S. K. S. E. N. K. S. H. H. and M. or any of them, or out of any part of them, or of any of them. And that it shall and may be lawful, to and for the said L. T. and his assigns according to the purport and meaning of such grant of the said rend so to him to be made, as is aforesaid, to distrain for the said rend and arrearages thereof which shall happen to be behind unpaied in any part of the said last recited premises: any thing in these presents contained, or any conveyance or assurance hereafter to be had or made of the premises, or any part thereof to the contrary in any wise notwithstanding. And the said B. T. for himself &c. doth covenant etc. that he the said B. his executors or assigns, shall and will either by his last will and testament or otherwise, as shallbe reasonably devised by the said T. R. the elder, his heirs, etc. or by his or their counsel learned in the laws etc. give, convey and assure all or so much of those messages, houses, lands etc. which the said B. and his assigns now have, hold and occupy, within the town, fields, parish, & territories of S. K. aforesaid, by demise, grant or lease from the Queen's Majesty that now is for the term of any years, to the said T. T. & his heirs males immediately from and after the death of the said B. and that he the said T. T. shall and may from and after the death of the said B. have, hold, possess & enjoy the same lease, lands, tenements etc. from and after the death of the said B. & that the said T. T. shall then be (if he the said T. T. so long do live) discharged or saved harmless, of, & from all former bargains, grants, leases, charges, & in cumbrances whatsoever heretofore since the 6. day of Febr. last passed before the date hereof, and hereafter to be had, made, done, knowledged, or willingly suffered of the same premises or any part thereof by the said B. or his assigns, with a proviso or condition in such conveyance or assurance thereof to be contained, that the said T. T. shall assign so much of the said term as shallbe to expend at the time of his death to the heirs males of his body lawfully begotten. And that he the said B. or his assigns, shall and will at his and their own proper costs and charges, give, find, and allow to the said T. T. and A. and to one Man servant, one Woman servant, and all such children as shall be had and begotten between the said T. T. and A. during twelve years next ensuing the day of the solemnisation of the said marriage, if the said B. so long do live, such sufficient, necessary, and convenient houseroom, meat, drink & lodging, at, or in the now dwelling house of him the said B. T. of S. K. aforesaid, or else where the said B. shall remain & devil, as he the said B. T. shall provide for himself and his family. And that he the said B. shall likewise during the said xi● years, if either the coverture between the said T. T. & A. so long do continued, or the said A. surviving the said T. T. do keep herself so long a widow, give, found and allow to them the said T. T. and to the said A. surviving the said T. T. such convenient stable room, hay, provender, straw, and grass for two geldings, horses, or mares of the said T. T. or A. him surviving during the said space of twelve years next ensuing the day of the solemnisation of the said marriage, if the said B. so long doth live, and in such place and manner, as the riding horses, geldings, and mares of the said B. T. shall have stable room, provender, hay, straw and grass during the said time, or if either the said B. shall dislike or refuse to yield, to, & for the said T. T. & A. their said children, servants, & horses, such allowance as is aforesaid, or the said T. T. & A. or the said A. surviving the said T. T. shall dislike or refuse to accept or take such allowance as is aforesaid, that then the said B. every year of the said xii. years, in which he shall not yield to them such allowance, as is aforesaid, if the said B. so long do live, shall for the same pay or cause to be paid to the said T. T. and A. during the coverture, & to the said A. surviving & keeping herself so long a widow xl. l. of lawful English money in that now dwelling house of the said B: in S. K. aforesaid, at the feast of P. & M. by even portions. And the said T. R. the elder for himself, his executors & administrators doth covenant, promise & agreed, to & with the said B. T. his executors & administrators, that the said A. R. shall & will by the grace of God, at, or before the said 6. day of july now next coming marry, & take to her husband the aforesaid T. T. if the said T. T. will thereunto assent & agreed, & the laws of the Church will that permit and suffer etc. ¶ Here may be further expressed such further considerations as be yielded on the daughter's behalf, and such other covenants & conditions as shallbe requisite on that part. ¶ Covenants to make jointure. THis Indenture made &c. between W. H. etc. of the one party, & Sect. 88 T. S. & I L. of the other party, Witnesseth, that the said W. H. for, and in consideration of a jointure to be made to I. his wife, for himself &c. covenanteth, etc. that he the said W. H. his heirs and assigns, before the feast day of etc. shall make or cause to be made to the said T. S. and I L. a good, perfect, sure and sufficient estate in the law in fee simple, of, and in all his manor of M. etc. To have and to hold the said manors, lands, tenements, and all and singular the premises with th'appurtenances to the said T. S. and I L. to th'only use of the said W. H. and I. his wife, during the life of the said I. and to the heirs of the said W. H. for ever. And for further assurance, security, and sure making of the said manor, lands, tenements, and all other the premises to be had and made to the said T. and I. and to their heirs, to the use and intent aforesaid. The said W. H. for him etc. covenanteth etc. that he the said W. H. his heirs and assigns from time to time, and at all times during the space of etc. upon reasonable request etc. as in covenants of further assurance, and saving harmless. Except the yearly tenths, customs and services which hereafter shall be due, or going out of the premises, or of any part or parcel thereof to the Queen our Sovereign Lady, or to the Lord or Lords of the fee or fees. And except all leases and grants by copy of Court roll of the same manor made, or to be made, whereupon the accustomed rents be or shall be reserved etc. And that the said manor etc. now at the making of the said assurance shall be of the clear yearly value of etc. over and above all charges and reprises, and so shall and may continued, and be, during the life natural of the said I. without fraud or covin. And the said W. H. for himself &c. covenanteth etc. As in Covenants, that all other conveyances shall be to the uses abovesaid. Provided always, and upon condition following: it is fully concluded and agreed by and between all the said parties to these presents. That if the said I. surviving the said W. H. her husband, within two months after the decease of the said W. H. do not by her sufficient deed or deeds, release and surrender to his heirs or assigns, and their heirs for ever, all her estate, right, title, interest, and demand, of, in, and to all lands, tenements, and hereditaments with the appurtenances, which he the said W. H. during the coverture between him and the said I. was seized of such estate as she the said I. might thereof lawfully be endowed, other than the said manor, lands, tenements, and hereditaments above in these presents mentioned, to be assured unto her for her said jointure: That then immediately from; and after the end and expiration of the said two months, next after the death of the said W. H. no such release, as is aforesaid, being so made, the said feoffees and the suruivor of them and his heirs, shall be seized to the only use of the right heirs of the said W. H. and of their heirs for ever: any thing in these presents contained to the contrary thereof in any wise notwithstanding. In witness, etc. ¶ Covenants of Marriage, and to levy a fine and suffer a Recovery. THis Indenture tripartite, etc. between G. S. & E. T. on the first Sect. 88 party, and C. O. and I O. on the second party. And F. W. and F. R. T. B. and N. R. on the third party, Witnesseth, that it is covenanted, concluded, and agreed, by and between the said G. S. and the said C. O. in manner and form following: that is to say, the said G. S. on his part doth covenant etc. that the said E. T. shall marry etc. And in like manner the said C. O. etc. that the said I O. shall marry etc. In consideration of which said marriage, the said G. S. doth covenant etc. that he the said G. S. and the said E. T. upon reasonable request to them to be made by the said C. O. and at the costs and charges in the law of the said C. O. shall and will before the feast of etc. levy one fine or several fines etc. And it is fully concluded, covenanted etc. that the said T. B. and N. R. shall from & immediately after the levying and engrossing of the said fine, or several fines, or either of them, stand and be seized of the said manors and premises, & of every part and parcel thereof: and that the same fine or several fines shall be to the use of the said T. B. and N. R. and the heirs of the said T. B. to the only intent and purpose that the said T. B. and N. R. shall stand and be adjudged perfect tenants of the freehold of the said manors & premises, and of every part thereof, until a perfect recovery may be lawfully had and executed of the manors and premises against the said T. B. & N. R. And the said G. S. doth covenant etc. that the said F. W. and the said F. R. or any other person or people, which the said C. O. shall nominate and appoint, shall & may at the costs & charges in the law of the said C. O. his executors or assigns, commence and prosecute one writ or several writs of Entre sur disseisin in le post, after the manner and course of common Recoveries against the said T. B. and N. R. whereby they should demand against the said T. and N. the said manors, lands and premises, and every part and parcel thereof, by any name or names whatsoever, unto which the said writ or several writs, the said T. B. and N. R. shall appear in proper person, or by their Attorney or Attorneys, lawfully and sufficiently au●thorized. And shall vouch to warranty the said G. S. and E. T. and that the said G. S. and E. shall appear upon the same voucher in proper person, or by their attorney or attorneys lawfully authorised, and shall vouch to warranty the common vouchees. And that the common vouchees shall appear & imparle, and afterwards make default, whereby a perfect judgement may be had and given for the demaundants in the same writ or writs against the said T. B. and N. R. for the recovery of the said manors and premises. And likewise for the said T. B. and N. R. to recover in value against the said G. S. and E T. after the manner and course of common recoveries in such case used. And it is fully concluded &c. to these Indentures, for them & their several heirs, and every of the said parties doth severally covenant and conclude, to and with thothers, and their several heirs, That the said recoverers and their heirs, shall from and immediately after the knowledging & perfecting of the said recovery or recoveries, stand and be seized of the said manors, rectories, & premises, and of every part and parcel thereof, and that the same recovery or recoveries, judgement or judgements, recovery or recoveries in value, & every thing and matter thereupon proceeding, shall then and from thenceforth be deemed, had, & taken, & enure to the use and behoof of the said G. S. and his assigns, for, and during all the term & space of four score years, if the said G. S. shall so long live. And after the death of the said G. S. to those of E. T. and of the heirs which he shall beget of the body of the said I O. and for default of such issue, to the use of the right heirs of the said E. T. for ever. Provided always, that the said G. S. and E. T. or either of them, shall not be compelled to travail from the place where they or either of them shall remain or dwell at the time of such request or requests to be made, for the levying, knowledging, or executing of the said fine or fines, warrant or warranties of attorney, recovery or recoveries, or any of them, or for doing and performing of any act or thing thereupon depending. And the said G. S. doth also covenant etc. that whereas he the said G. S. hath heretofore by this great & general conveyance being made for the staying and entailing of the most part of his inheritance, assured unto the said E. T. & to the heirs males of his body issuing, all those etc. that the said lands etc. heretofore assured unto the said E. T. & to the heirs males of his body issuing, & the said lands &c. covenanted by these presents to be conveyed, as is aforesaid, together with all such other manors, lands, etc. as the said G. S. shall & will in his life time assure & convey unto the said E. T. of an estate of inheritance, are now or at the time of the said fine or fines, & assurance or assurances to be knowledged & made, shall be then of the clear yearly value of 1000 l, over & above all charges & reprises. And that he the said G. S. hath not heretofore done, nor hereafter shall do any act or thing whereby the said manors, lands, tenements, & premises, shall not nor may not after the death of the said G. S. & solemnization of the said marriage, remain & continued to such uses, intents & purposes, as in this Indenture are mentioned & expressed, according to the true meaning hereof. And the said G. S. for the consideration aforesaid, doth further covenant etc. that if a good & perfect assurance and conveyance of the said manors etc. & premises before mentioned to be assured by the said G. S. & T. T. be not made & sufficiently perfected before the feast of etc. to be assured by this Indenture, shall not be conveyed & made sure to such uses, intents & purposes, as in this Indenture are mentioned & expressed, according to the true meaning hereof: That then and from thenceforth the said G. S. & E. T. & their several heirs, & all & every other person and persons, & his & their heirs that now be, and before the said feast of etc. shall stand or be seized of the said etc. or of any part thereof, by, from, or under the said G. S. shall from and immediately after the said feast of etc. stand & be seized of the said etc. premises before mentioned, to be assured by the said G. S. & E. T. & of every part and parcel thereof, to thuses, intents & purposes, & upon condition & conditions in this Indenture mentioned & expressed, & to none other use, intent or purpose. And furthermore, the said G. S. doth covenant etc. that be the said G. S. & the said E. T. and the heirs of the said G. S. shall & will &c. As in covenants of further assurance, unto the said F. W. & F. R. & T. B. & N. R. & to any of them, or their heirs, or to the suruivor or survivors of them, or their heirs, or any other person or persons that the said C. O. shall thereunto nominate or appoint, & his & their heirs, to thuses, intents & purposes in this Indenture mentioned & expressed, & according to the true effect & meaning of these presents: So that etc. And it is further agreed, by and between the said parties to this Indenture for them and their heirs and every of the said parties doth severally covenant & conclude, to and with the other, and their several heirs, that all & every fine & five, recovery & recoveries, conveyance & assurance hereafter to be made or executed of the said etc. before mentioned, to be assured by the said G. S. & E. T. or of any part or parcel thereof by the said G. S. & E. T. or by the said T. B. & N. R. or by any of them, or by any other person or persons, by the appointment & nomination of the said C. O. his heirs etc. after the solemnisation of the said marriage shallbe, And the said recoverers & their heirs shall from and immediately after the execution & perfecting of the said recovery or recoveries of any other estate or estates, or conveyances thereof, from and after the solemnisation of the said marriage, stand, & be seized of the said manor & premises, and of every part and parcel thereof, to th'only uses, intents, and purposes, in this Indenture mentioned and expressed, and to and for none other use, intent, and purpose. And the said C. O. in consideration of the said marriage doth on his part covenant etc. that the said C. O. upon reasonable request to him to be made by the said G. S. and E. T. or either of them, at the costs and charges in the law of the said G. S. and E. T. or of the one of them, shall and will before the feast of etc. levy a fine in due form of law to the said T. B. & N. R. of all those etc. As in covenants to levy fines. And it is fully covenanted etc. As in covenants limiting the uses of fines, And that the last recited fine shall be and enure to the use of the said T. B. and N. R. and of the heirs of the said T. B. and N. R. to the only intent and purpose, that the said T. B. and N. R. shall stand & be adjudged perfect tenants of the freehold of the said etc. and premises before mentioned, to be assured, or conveyed by the said C. O. and of every part and parcel thereof, until a perfect recovery be lawfully had and prosecuted of the said last recited manors, and premises against the said T. B. and N. R. according to the course of the common law. And the said C. O. doth further covenant etc. As in covenants for the knowledging of a Recovery, ut supra. And it is fully concluded and agreed, by, and between etc. As before in the covenant limiting thuses upon the recovery etc. shall then and from thenceforth be deemed, had, and taken and enure to the use and behoof of the said C. O. and his assigns, for, and during the term and space of fourscore years then next ensuing, if he the said C. O. shall so long live, and after the death of the said C. O. and after the solemnisation of the said marriage, to those of the said E. T. and of the said I. O. and of the heirs of their two bodies lawfully begotten. And for default of such issue to the use of the said I. and of her heirs for ever. Provided always and upon condition following, that the said C. O. shall not be compelled to travail from the place etc. And the said C. O. doth further covenant etc. As in covenants of being seized, & quiet enjoying, discharged etc. Provided always, and it is so concluded and agreed, by and between the said parties to this Indenture, for them and their heirs, that it shall and may be lawful, to, and for K. O. for the term of her life, in consideration of her dower, and in the name of her jointure, to have and enjoy all those lands, ● tenements in P. etc. And that also it may be lawful for him the said C. O. to convey and assure to those of the said K. competent & sufficient lodgings within the etc. for herself and her family, for term of the life of the said K. any thing in this Indenture to the contrary notwithstanding. Provided also, and it is etc. that it shall and may be lawful to the said C. O. to convey and assure all his said lands & hereditaments in N. M. & L. to K. O. the younger daughter of the said C O. for, and during the life of the said K. Or otherwise to grant any rent or annual payment with clause of distress in the said lands etc. in N. M. and L. to the said K. his daughter, for, and during her life: any thing before to the contrary notwithstanding. And the said C. O. doth further covenant etc. that if a good & perfect assurance and conveyance of the said etc. Manors, lordships, lands, tenements, & premises before mentioned, to be assured by the said C. O. be not made & sufficiently perfected before the feast of etc. whereby the said etc. last mentioned shall not be conveyed and made sure to such uses, intents, and purposes, as in this Indenture are mentioned & expressed according to the true meaning hereof: That then, & from thenceforth the said C. O. his heirs, & all and every person & persons, and his & their heirs which now be, or before the said feast of etc. shall stand or be seized of the said manors, etc. or of any part thereof, by, from, or under the said C. O. shall from & immediately after the said feast of etc. stand, & be seized of the said manors etc. before mentioned to be assured by the said C. O. and of every part thereof, to the uses, intents, & purposes, & upon condition & conditions in this Indenture mentioned & expressed, and to none other use, intent, and purpose. And furthermore the said C. O doth covenant etc. As in covenants for further assurance etc. that he that said C. O. and his heirs etc. And it is fully agreed, by, & between the said parties to this etc. limiting the said fine and recovery to the uses of this Indenture etc. And the said G. S. in consideration of the said marriage doth covenant etc. that the said G. S. or his assigns shall well and truly content & pay, or cause to be contented & paid unto the said E. T. or his assigns, the annual or yearly sum of 400. l. of lawful English money, at the feasts of etc. by even portions yearly, for and during the lives of the said G. S. and E. T. together for the yearly maintenance of the said E. and I. from the day of their marriage until the death of the said G. S. And the said G. S. doth covenant etc. that if the said annual or yearly sum of 400. l. be not well & truly paid and answered unto the said E. T. his heirs and assigns at the said feasts of etc. or within ten days next after any of the said feasts at any time during the lives of the said G. S. and E. T. and during the said marriage: That then & from thenceforth the said recoverees & their heirs shall stand & be seized of the said manor of S. and of all other the premises before mentioned to be assured by the said G. S. & E. T. and of every part or parcel thereof. And the said recovery & recoveries shallbe also deemed and taken to this intent & purpose: that is to say, that it shall & may be lawful, for, and to the said E. T. & his assigns into the said manor of S. and all other the premises before mentioned, to be assured by the said G. S. and E. T. and every part thereof to enter & distrain etc. As in clauses of distress etc. from time to time during the life of the said G. S. and E. T. And the said G. S. doth further covenant etc. that if it shall fortune the said E. T. to die before the said I. O. and after the said solemnisation of the said marriage, that then and from thenceforth the said I. shall have yearly paid unto her or her assigns at the Church of S. the annual rent of CC. li. of lawful English money, for, and during the life of the said I O. at the feasts of etc. by even portions: The first payment thereof to begin at either of the said feasts which shall next ensue the day of the death of the said E. T. Provided always, and upon condition, and it is so concluded & agreed, by and between every of the said parties to this Indenture by these presents, for them and their heirs, that if the said annual or yearly rend of CC. pounds &c. limiting a distress, and the use of the premises, ut supra. And for want of sufficient distress, then to take and receive the rents and profits of the said late manor etc. of S. aforesaid, as shall suffice and answer to pay the said yearly rend of two hundred pounds, and the arrearages thereof to the said I. yearly during her natural life. And the said C. O. on his part further covenanteth etc. that the said C. O. his executors or administrators, shall found or provide at his or their proper costs and charges in the house of the said C. O. for the said E. T. and I O. and for eight servants to attend upon them, sufficient meat, drink and lodging, during the space of three years next ensuing the said marriage, with sufficient horsemeate during the said term. And where the said G. S. in further consideration of the said marriage, hath well and truly contented and paid unto the said C. O. the sum of etc. Now the said C. O. doth covenant etc. that if it fortune the said I. to die without issue of her body lawfully begotten by the said E. T. that then he the said C. O. his etc. shall within three years next after the death of the said I. so dying without issue of her body, well and truly repay unto the said G. S. his etc. the sum of etc. at, or in the etc. And the said C. O. doth covenant etc. that if the said C. O. his etc. or some of them, do not repay the said sum of etc. at the place aforesaid, unto the said G. S. his executors or assigns, within the said term of three years, next after the death of the said I. dying without issue of her body lawfully begotten by the said E. T. according to the true meaning of this Indenture: That then and from thenceforth the said recoverers and their heirs, shall stand and be seized of the said manors, and other the premises before mentioned to be assured by the said C. O. and of every part and parcel thereof, to this intent and purpose following: that is to say, That it shall and may be lawful, for, and to the said G. S. his etc. to enter into the said manors etc. before mentioned to be assured by the said C. O. and into any or every part thereof, and to take and receive the rents, issues, revenues, and profits thereof coming and arising to the proper use of the said G. S. his executors, administrators, or assigns, until he or they be fully satisfied and paid the sum of etc. of the same rents and profits of the same lands and premises last mentioned. And lastly the said G. S. on his part doth covenant etc. that he the said G. S. or his assigns, shall within one year next after the solemnisation of the said marriage, provide and set forth such a convenient house at T. etc. for the said E. T. and I O. with their children and family to devil in, during the life of the said G. S. as he the said G. S. shall think to be meet and convenient for their estate and degree. In witness whereof to the first part of this Indenture tripartite, remaining with the said G. S. and E. T. the said C. O. and I O. F. W. R. F. T. B. and N. R. have put their hands and seals, And to the second part thereof remaining with the said C. O. and I O. the said G. S. & E. T. have put to their hands and seals, And to the third part of the same Indenture remaining with the said F. W. F. R. T. B. and N. R. the said G. S. and E. T. C. D. and I O. have put to their hands & scales the day and year first above written. In witness whereof etc. ¶ Covenants to pay conditionally. Provided always, & it is fully concluded, condescended, and agreed Sect. 89. by & between the said parties to this Indenture, for them & their heirs, That if it shall fortune R. M. the younger to die without issue male of his body lawfully begotten, & to have issue but one daughter living at the time of his death, that then the next issue male in remainder, that shall or aught to inherit the said manors, lands & premises, shall well & truly pay or cause to be paid to that one daughter the sum of etc. such time as the said daughter shall accomplish the age of etc. or be married. And if it shall happen the said R. M. to die without issue male of his body lawfully begotten or to have issue no daughter, but one living at the time of his death: that then such next issue male in remainder, that shall or aught to inherit the said manors, lands, and premises, shall well and truly pay or cause to be paid, to be equally divided amongst such daughters, the sum of etc. of etc. at such time or times as the same daughters of the said R. M. shall accomplish the several ages of etc. to be married. And it is further agreed etc. and the said H. M. doth covenant etc. that the said T. S. and his cofeoffees and their heirs, from and after the death of the said H. M. and after the death of the said R. M. the younger dying without issue males of his body lawfully begotten, shall stand and be seized of all and singular the said manors & premises, (the said lands and grounds appointed for the jointure of the said F. M. excepted.) And after the death of the said F. and her jointure lands excepted, to th'intent that if A. daughter of the said R. M. the younger be not well and truly satisfied and paid the sum of etc. And if there be no more daughters but one, than the said sum of etc. at such time and times as such daughter or daughters shall accomplish the several ages of etc. to be married, that then & from thenceforth it shallbe lawful for such daughter or daughters to enter into all the lands & premises other than the said lands etc. appointed for the jointure of the said F. M. and to receive and take the rents, issues & profits thereof to her or their own use, until such time as such daughter of the said R. M. be fully satisfied and paid the said sum of etc. And if there be more daughters than one, then until the said daughters have so had and received the said sum of etc. of the rents, issues & profits of the said manors, lands, and premises. ¶ Covenants to lead to the use of a Fine, and to levy the same. THis Indenture sexpartite made etc. Between R. B. etc. on the first Sect. 90. party, And I. W. and T. W. his son & heir apparent on the second party, And T. L. of etc. on the third party, And W. F. on the fourth party, And T. S. of etc. on the fifth party, And T. W. of etc. on the sixth party, Witnesseth, that for divers sufficient considerations it is mutually covenanted, concluded & agreed, by and between all the said parties, that the said R. B. I. W. T. W. T. L. W. F. and T. S. at their indifferent costs & charges, before the 22. day of November next ensuing the date hereof, shall knowledge and levy a fine with Proclamations, according to the Statute in that behalf provided after the common course of fines in such cases used, unto the said T. W. of all such coals and coalmines in the common townfield of G. aforesaid, as sometimes were one I G. of S. in the said County Esq. deceased. Of all messages, lands, tenements, meadows, pastures, woods, underwoods', commons, rents, reversions, and hereditaments with thappurtenances of the said T. L. situate, lying and being in G. & now in the tenure or occupation of K. A. or his assigns. And of all messages, cottages, lands, tenements, meadows, pastures, woods, underwoods', commons, rents, reversions, & hereditaments with the appurtenances,, situate, lying & being in G. aforesaid, in the tenure or occupation of N. C. or of his assigns, which the said T. S. lately purchased of the said R. B. And of all those closes, lands, tenements, meadows, pastures, and hereditaments with thappurtenances called Copleys, containing by estimation xxx. acres of ground, situate, lying, & being in K. in the said county of Y. now in the tenure & occupation of the said W. F. or of his assigns, & which the said W. F. lately purchased of the said R. B. And of all those closes, lands, tenements, meadows, pastures, & hereditaments with the appurtenances of the said T. L. called etc. containing etc. situate etc. which the said T. I & the said W. G. now have of the grant and demise of the said T. L. And also it is fully covenanted, concluded & agreed, by & between all the said parties to these presents, that the said fine so to be levied, shall be & enure, And the said T. W. the conusee in the said fine to be named & his heirs, at the very time of levying & knowledging of the same fine, and ever afterwards shall stand & be seized by virtue & force of the said fine, of, and in all the said messages etc. with the appurtenances, to the several uses, purposes & intents, hereafter in these presents contained, expressed, limited, appointed & declared, & to, or for none other use, intent or purpose: that is to say, of and in all, and all manner of coals & coalmines to be found, in, or upon the arable land parcel of the premises, lying in the common townfields of G. aforesaid, which free & absolute power, interest & liberty, to search, vig, lead, & carry away the said coals, at all & every reasonable time & times hereafter, not spoiling or destroying any corn which hereafter shall hap to be or grow, in or upon the said arable land, or in or upon any part thereof, to th'only proper use & behoof of the said R. B. his heirs & assigns for ever. And of & in all the said messages, etc. of the said T. L. situate, lying & being in G. aforesaid, in the tenure or occupation as is aforesaid of the said R. A. or his assigns. And of & in all the said closes, lands, tenements, meadows, pastures, and hereditaments of the said T. L. called etc. containing etc. situate etc. which the said W. F. & T. I now have, as is aforesaid, of the demise of the said T. L. (such liberty, title, and interest in the premises in G. aforesaid, as before in these presents is limited, to the use of the said R. B. his heirs and assigns only excepted) to th'only proper use & behoof of the said T. L. and of the heirs of his body lawfully begotten and to be begotten. And for default of such issue, to th'only proper use and behoof of the right heirs of the said T. L. for ever. And of and in all the said messages etc. with the appurtenances, situate etc. in the tenure or occupation of N. C. or of his assigns, which the said T. S. (as abovesaid) purchased of the said R. B. (such liberty, title, & interest therein, as before in these presents is limited to the use of the said R. B. his heirs and assigns only excepted) to the only proper use and behoof of the said T. S. his heirs and assigns for ever. And of and in all the said closes, lands etc. with the appurtenances, called etc. containing etc. situate etc. now in the tenure and occupation of the said W. F. or of his assigns, and which the said W. F. (as abovesaid) purchased of the said R. B. to th'only proper use and behoof of the said W. F. his heirs etc. for ever, and to, or for none other use, intent etc. And that the said five and fines, and all other conveyances and assurances before remembered, shall only extend to the premises before expressed and remembered in these present Indentures, and to none other lands, tenements, or hereditaments of the said G. H. in the towns aforesaid. In witness whereof to the first part of etc. ¶ Covenants to levy a fine and make other conveyances, to the intent to continued the lands in his Surname. THis Indenture made etc. Between O. N. of W. of the one party, Sect. 91. & R. W. R. N. and H. N. on the other party. Witnesseth that aswell for the reviving and continuance of an ancient entail to the heirs males of the said O. and his ancestors, of, and in all those manors etc. whereof the said W. N. father of the said O. died seized, lying and being in the County of D. as also for and in consideration of the continuance of the same premises in the Surname of the said N. and for the better continuance of the same house of N. in this name and blood, and for divers other good causes & considerations him the said O. specially moving, he the said O. N. doth by these presents covenant with the said R. R. & H. and every of them, in this present Term of Saint Michael, and in the sixth year of the Reign etc. that he the said O. shall acknowledge by fine in due form of law to be levied before the Q. majesties justices of the common Pleas at Westminster, of all and every the manor etc. of the same O. in the said County of D. by the name of the manor of etc. with thappurtenances, in and whereby etc. And also that he the said O. shall and will on this side the feast of etc. next coming after the date hereof, by his sufficient deed in law, infeoff the said R. R. & H. of and in all those his manors &c. lying & being etc. To have and to hold all the same lands, tenements, & hereditaments comprised in the said deed of feoffment to the said R. R. & H. and to their heirs, to the only use and behoof of such persons and their heirs, and in such manner and form, as in these presents shalhe hereafter recited and expressed, which said assurance and conveyances of the premises so had and made, & in due form of law executed, shallbe to the several uses hereafter in these presents mentioned. And also it is covenanted, concluded, and agreed, by and between the said parties to these presents for themselves, And the said R. R. and H. do covenant etc. That the said assurance & conveyances of the said premises shallbe etc. And also that the said R. R. and H. and their heirs, from and after the same fine knowledged, and after the same feoffment executed, shall stand & be seized of and in all those said manors etc. severally contained, specified, and mentioned in the fine and feoffment, to the uses, intents, effect, and meaning hereafter in and by these presents mentioned and expressed, and to none other use, effect, meaning or purpose: that is to say To the use of the said O. N. one of the parties to this Indenture for term of forty years if he so long do live, without impeachment of waist. And after his death to the use of the heirs males of his body lawfully begotten. And for default of such issue, to the use of G. N. brother of the said O for the like term of etc. (if he so long do live.) And after his death to the use of his heirs males of his body lawfully begotten. And for default of such issue male of the body of the said G. N. lawfully begotten, then that he the said R. R. and H. and their heirs, shall stand and be seized, of, and in all the premises, mentioned and contained in the said fine & deed of feoffment, to the use of H. N. and of the heirs males of his body lawfully begotten. And for default etc. except etc. Provided always, and ●t is nevertheless tondiscended and fully agreed &c. for them & their heirs, & the heirs of every of them, that if the said G. N. after the death of the said O. without heir male of his body etc. make or cause to be made to any the wife of the said G. one estate or term of life of such wife for her jointure, of, or in any part or parcel of the premises, amounting to the yearly value of xx. pound and not above, and not being the manors & demesnes of etc. nor parcel thereof. Or if the said G. after the death of the said O. without issue male of his body, do make or declare a Will or Testament in writing, of lands & tenements parcel of the premises, or of a yearly profit to be perceived or taken out of the same, to the yearly value of xx. li. and not above, over & above all charges & reprises, until such time as each & every of the said daughters of the said G. overlyving the said O. the same O. dying without issue male, as is aforesaid, shallbe satisfied of one hundred Marks, for & towards their marriages, as by the same Testament shall be limited & appointed: That then as now, and now as then, the said R. R. & H. and their heirs, and the heirs of the suruivor of them shall stand and be seized of such the premises to the said several uses, and so shallbe meant, limited, assigned, or appointed & to none other use, intent or purpose, for what time or times so limited, assigned, meant, or appointed. Provided furthermore, and it is further agreed between the said parties, That if any of the said persons, other than the said O. to whom this reversion before mentioned shall chance to come to remain, do refuse to be bound to I. S. & I D. or to either of them or their heirs, in the sum of CC. li. of lawful etc. by Recognisance or by statute, with condition thereupon endorsed, That if he or any of them or their heirs do not alien in any wise the premises, or any part or parcel thereof, contrary to the true intent & meaning of this present Indenture, but suffer the same, and every part & parcel thereof to descend, come, & remain, according to the purport, effect, & true meaning of ●●is Indenture: That then the same recognizance & statute to be vow & of none effect, that then as now, & now as then, upon such refusal, the said R. R. & H. & their heirs, & his heirs & every of them, shall always from thenceforth stand & 〈…〉 sed of all & singular the premises, after the death of such as before is spoken of without issue male, to though 〈…〉 se of him that is next in the next remainder unto him that shall or doth make such refusal, & of the said heirs of his body lawfully begotten, w 〈…〉ike remainders over, and with like conditions & provisoes to him & every of them, other than the party so refusing, according as is before expressed: any thing in this present Indenture to the contrary in any wise notwithstanding Provided furthermore, & it is so agreed etc. that if the said O. N. party to these presents, G. N. or any other the persons before rehearsed, to whom the remainder or remainders of the premises before in these presents limited in use, or any of the heirs males, or heirs of the body of bodies of any the persons before limited & lawfully begotten, being inheritable to any estate in possession or reversion in the premises by force of these presents, shall do at any time or times hereafter, practice, purpose, or go about by fine or fines, feoffment with warranty, or any other act indeed or in law, to lose, alter, change, discontinue, or bar any of the said estates in the premises, or in any part or parcel thereof, to permit or suffer any recovery to be had against them, or any of them as tenants in deed or in law of the premises, or of any part or parcel thereof, Or by voucher in any action or suit, whereby any of the estates before limited, shall or may be in any wise lost, recovered, altered, changed, or barred, & not have their full continuance, according to the limitation, intent, & true meaning before expressed, aswell to them & every of them, and to the heirs males or heirs of their bodies, as to all other before expressed in remainder, and to their heirs males, or the heirs of their bodies lawfully begotten, according as is before expressed, otherwise or in any other form than is before in these presents expressed and provided: That then aswell the person or persons, his and their heirs so purposing, practising, or going about any of the said devices, or procuring or suffering the same, or consenting thereunto, as also all other persons & their heirs then seized, of & in the premises & every parcel thereof, shall thereupon stand, remain, & be seized, of, and in all & singular the same manors, lands, tenements, and hereditaments, to be lost, recovered, knowledged, altered, discontinued, charged, or barred, to the only use and behoof of the next person being by these presents & meaning hereof inheritable to the same premises by force of this present g● by descent or reversion after the decease of the same person or persons, which so shall purpose, practice 〈…〉 about as before mentioned, and of the heirs males of the sam●●ext person lawfully begotten, in such sort & form as is before expressed. And that this presen 〈…〉 ndition, as touching alienation or other the practices or devices aforesaid, shall stand, remain, and be in like force also against the 〈◊〉 person or persons which so shall have or take the benefit of the same condition, & against the heirs males and heirs of his body lawfully begotten. And so from heir to heir & from reversion to reversion and their heirs, so long as the present gifts shall or may have any continuance. And the said O. N. for him, his heirs & administrators, and the said R. R. and H. and their heirs do covenant and grant, to and with either and every of them their heirs and assigns, that all and singular acts and things, assurances and conveyances hereafter to be done or suffered whatsoever of the premises, or any part or parcel thereof, And all & every other person or persons now seized, or hereafter to be seized of any estate or estates of inheritance whatsoever, shall stand & be adjudged to be seized to the only use, intent, and true meaning of this present Indenture, and to none other use, intent, and purpose. In witness etc. ¶ Covenants limiting the use of a single fine, levied by the husband and wife. THis Indenture etc. Witnesseth etc. Whereas the said T. H. and Sect. 92. B. stand seized in their demesne as of fee, in the right of the said B. in all that the manor of L. etc. & in three messages etc. in the County of S. & the said W. T. and B. so being thereof seized, the said B. for good causes, minding to advance with her said lands her said husband and the issue of his body, for want of issue of her own body lawfully issuing: Now it is therefore covenanted etc. between the said parties to this Indenture and every of them. And first the said T. W. and B. for themselves, and every of them, and for the executors and administrators of them and either of them, do covenant, promise, and grant, to and with the said T. R. and I F. and either of them, and to and with the heirs, executors, and administrators of them and either of them by these presents, that the said W. T. and B. his wife, on this side & before the feast of etc. at his or their own proper costs and charges in the law, shall permit and suffer the said T. R. and I F. in their own names, to pursue two several original writs of Covenant against the said W. T. and B. his wife, severally to be directed to the Sheriffs of N. and L. and by the same several writs it shallbe demanded, that the said T. W. and B. shall hold covenant with the said T. R. and I F. between them made of all and singular the manors etc. by the name of etc. or by any other name or names whatsoever, And of all and singular the lands etc. of the said W. T. & B. or of either of them in the said County of L. by the name of etc. or by any other name or names whatsoever, The same writs to be returnable or returned before the Q. majesties justices of her common Pleas at Westm, according to the course of the common law in such cases used, & thereupon the said W. T. and B. shall knowledge by two several concords and fines, the said manors etc. to be the right of the said T. etc. And further it is covenanted etc. That the same two several fines so to be levied, engrossed & executed in due form of law, shall be & enure etc. And that the same T. R. & I F. & their heirs from and after the levying of the same fines, shallbe seized of all the said manors etc. in the said two several fines so to be mentioned, and of and in every parcel thereof to such uses and intents, as hereafter in these presents are specified and declared, and to none other use, intent or purpose: That is to say, to the use of the said W. T. and B. etc. ¶ A Covenant that upon agreement to cell, an estate shall cease. Provided also, that if after such repayment of the said sum of etc. Sect. 93. to be made to the said F. R. or unto his executors or assigns at the time & place before expressed, it shall fortune the said D. his executors or assigns, to make any voluntary promise, conclusion, or agreement, for or concerning the selling, granting, or alienating of the said moiety of the said rectory & premises, or of any part or parcel thereof, or of any profit● or commodities belonging to the said Parsonage, either touching the whole estate therein, or touching any part thereof, That then presently upon such promise, conclusion, or agreement, the estate and interest of the said D. his executors and assigns, in and to all the whole moiety of the said rectory shall have no further being, but shall be deemed, esteemed, and adjudged in the said F. his executors & administrators, as though no such repayment of the said money had been made, and presently upon such promise, conclusion and agreement, it shall and may be lawful to the said F. R. his executors, administrators, and assigns, to enter into the said moiety of the said rectory and premises, and the same to have and enjoy to his own use, without any let or interruption of the said D. or of any other claiming any thing therein, by, from, or under him etc. ¶ Covenants to levy a Fine upon grant and tender. THis Indenture made etc. Between G. T. and A. his wife, and D. Sect. 94. B. and I. his wife of the one party, and G. E. of the other party, Witnesseth that it is condescended and agreed betwixt the said parties, that the said G. T. and A. his wife, D. B. and I. his wife, before the end of Trinity term next ensuing the date hereof, shall levy a fine etc. And for the knowledge, release, quite claim, fine, warrant, and concord, the said G. E. shall by the said fine grant to the said T. and A. his wife the said tenements with the appurtenances, and the same by the said fine shall also tender in the same Court to the said G. T. and A. his wife. To have and to hold to the same G. T. for term of etc. And after the same term ended, the said tenements shall remain to the said D. B. and I. his wife, and to the heirs of the same D. for ever: Which fine so to be levied, as is aforesaid, and all and every other fine so to be levied by the said G. T. etc. to the said G. E. and his heirs of the same lands in F. by the name or names aforesaid, or by any other name or names with tender or without tender, or otherwise, before the end of the said next Term etc. next ensuing the date hereof, shallbe to th'only use & behoof hereafter expressed, & to none other use and behoof: that is to say, to the use of the said G. T. and A. his wife, for and during the said term of one month next ensuing the levying & engrossing of the said fine. And after the end and term of the said month, then to the use of the said D. B. and I. his wife, and the heirs of the said D. B. for ever. In witness whereof etc. ¶ Covenants to levy a Fine, etc. THis Indenture tripartite made etc. Between E. S. & E. his wife Sect. 95. of the first party, and A. F. on the second party, & I M. and T. H. on the third party, Witnesseth that the said parties are condescended, concluded, and agreed in manner and form following. And the said E. S. and E. for them and their heirs do covenant etc. that the said E. S. & E. his wife, shall before the feast of etc. at the equal costs and charges in the law of the said E. S. and A. F. their heirs and assigns, levy a fine before the Queen's majesties justices of her Common place at Westminster, of the manor of C. and of etc. And that the fine so to be levied, shallbe to th'only use and behoof of the said I. and T. their heirs and assigns for ever. And the said I. and T. and every of them, for them their heirs & executors do covenant and grant, to and with the said A. his heirs executors, and assigns, and to and with the said E. his heirs, executors & assigns, that they the said I. & T. shall before the first day of February next ensuing the date of these presents, demise, grant, and to frame let by their sufficient deed indented, in due form of law to be made to the said A. the said manor with thappurtenances, except certain parcels of the same, & certain profits & other things thereunto belonging, in such manner and form, as is after in these present Indentures expressed, and contained in the words following: That is to say. This Indenture made the x. day of etc. between I. and T. of the one party, and A. F. on the other party, Witnesseth, that the said I. and T. aswell in performance of the faithful and special trust in them in that behalf put by the said E. S. & E. his wife, as in fulfilling part of the covenants and grants & agreements, and of the intent in certain Indentures tripartite specified, had & made between the said E. S. & E. his wife on the first party, And the said A. F. of the second party, And the said I M. & T. H. on the third party, whose dates are the first day of December, in the first year of the reign etc. Have demised, granted & to farm let, & by these presents do demise, grant and to farm let unto the said A. his executors and assigns the manor of C. with the appurtenances in the County of B. with all those our lands etc. Except, foreprised and reserved unto the said I. T. and the heirs and assigns of the said I. all those the mills etc. To have and to hold the said manor and other the premises (except before excepted) unto the said A. his executors and assigns, from the feast etc. yielding and paying etc. And if it shall happen etc. And the said I. and T. for them etc. covenant etc. That the said I. & T. or the suruivor of them, shall before the tenth day of the said month of December etc. by their deed sufficient in the law or otherwise, aswell enfeoff and assure the rest of the said manor & other the premises, as also shall grant or otherwise assure all such or so much of the premises, as shall be so demised or let unto the said A. F. as is aforesaid, with the rent reserved upon the said lease to the said E. and E. To have and to hold the said reversion, commodities and rents, and all the rest of the premises with the appurtenances unto the said E. and E. and to the heirs of their two bodies lawfully begotten. And for default of such issue to the right heirs of the said E. forever. In Witness whereof etc. ¶ Covenants to levy a fine to uses. THis Indenture made &c. between N. F. of the one party, and H. Sect. 96. W. W. G. and R. F. of the other party, Witnesseth, that where the said N. aswell for the advancement of I. now his wife, as of divers of his younger sons and daughters by him begotten of the body of the said 1 hath already assigned, and appointed to his said wife and children, certain portions of his messsage, lands and tenements, parcel of his inheritance for such estate and interest, and in like manner and form as hereafter in these present Indentures shall be particularly mentioned and expressed, the same to be assured and conveyed to every of them, after due order and form of Law, so that they may have and enjoy the same quietly according to his mind and pleasure, without let or disturbance of him, or of his heirs or assigns in time to come, which said assurance is thought by counsel learned expedient to be made by fine to be of the said lands levied: Therefore the said N. F. for the sure making of the conveyance aforesaid, covenanteth and granteth for him, his heirs and executors, to and with the said H. W. W. G. and R. F. their executors and assigns by these presents, that he the said N. or his heirs, on this side, and before the feast of Pentecost next ensuing after the date hereof, shall knowledge and levy to the said H. W. W. G. and R. F. and to the heirs of the said H. one fine etc. And the said H. W. W. G. and R. F. for them their heirs and executors, covenant etc. that they the said H. W. W. G. and R. F. and their heirs immediately from, and after the levying and engrossing of the said fine, to be levied of the premises in form aforesaid, shall stand and be seized of, and in the said messages in B. etc. except one close in A. called etc. to the use of the said N. and I now his wife for the term of their lives and of the longer liver of them, and after their decease to the use of I. F. son of the said N. and of the heirs males of his body lawfully begotten. And for default of such issue to the use of R. F. one other of the sons of the said N. & of the heirs males of his body lawfully begotten, And for default of such issue to the use of W. F. one other of the sons of the said N. & of the etc. And for default of such issue to the right heirs of the said N. for ever. And also that the said H. W. W. G. & R. F. & their heirs shall in likemaner stand and be seized of all those messages, lands, tenements etc. in A. aforesaid etc. to the use of the said I F. one of the sons of the said N. and of the heirs males of the body of the said I F. lawfully begotten, and for default of such etc. And that the said H. W. W. G. and R. F. and their heirs, shall in like manner immediately after the levying and engrossing of the said fine stand and be seized of, and in all the residue of the said mesuage etc. to the use of the said N. for term of his life, and after his decease to the use of the said R. F. etc. and for default etc. And it is fully condescended and agreed between the said parties, that after the engrossing of the same fine, the said N. F. and the said I. his wife, I R. and W. sons of the said N. and C. and B. his daughters and every of them shall, from and after the engrossing of the said fine peaceably, have, hold, occupy, and enjoy the said messages, lands, and tenements, to them and every of them severally assigned, without any let, interruption or impediment of the said H. W. and R. F. or any of them, or of any person or persons claiming by them, in their right, or by their procurement according to the true intent, purpose, and declaration of the several uses afore mentioned. In witness etc. ¶ Covenants to levy a Fine to uses, and that the Cognisee shall grant the lands in tail etc. THis Indenture made etc. Between W. M. of the first party, and Sect. 97. H. M. of the second party, and E. M. and T. B. of the third party. Witnesseth, that it is condescended, concluded, and agreed between the parties aforesaid, in manner and form following, that is to say: First the said W. M. and H. M. for themselves etc. do covenant etc. that they the said W. and H. before the feast of etc. by fine to be levied before our Sovereign Lady the Queen's majesties justices of the Common place at Westminster, shall knowledge the capital or mansion house etc. by the name of etc. in B. and C. to be the right of the said E. M. etc. (expressing the concord.) Which fine so knowledged and engrossed of the pr●misses, shall be to the use of the said E. M. and T. B. and of their heirs only, and to, or for none other use, intent, or purpose. And the said E. and T. for them etc. that they the said E. and T. and their heirs, and the heirs of the suruivor of them within one month following, after the knowledging and engrossing of the said fine, as is aforesaid, by their deed indented, sufficient in the Law in due form to be made, shall and will give and grant the said mesuage, & all and singular the premises by the said fine to them to be assigned, as is aforesaid, to the said W. M. and to the heirs males of his body lawfully begotten. To have and to hold the said capital mesuage & all other the premises with their appurtenances to the said W. M. and to the heirs males of his body lawfully begotten. Yielding and paying therefore yearly to the said E. and T. or to the suruivor of them, their heirs or assigns, twenty shillings of etc. at the feasts of etc. by even portions to be paid: (with a sufficient clause of distress to be contained within the said deed for the payment thereof, at the days and times aforesaid, with a provision therein also to be contained,) that if it shall happen the said W. M. or the heirs males of his body lawfully begotten, to suffer any recovery against him or them of the said capital mesuage or other the premises, or any part or parcel thereof, or by any other ways or means, shall make any alienation or discontinuance of the same premises, or of any parcel thereof, and afterward shall happen to dye without issue male of his body lawfully begotten: That then, that is to say, immediately after the decease of the said W. M. and of the heirs males of his body lawfully begotten, and after the said estate tail made, as is aforesaid by the said deed indented, spent, executed, and determined, and not before, that it shall be lawful, to and for the said E. M. and T. R. to recuter into the said capital etc. And also the said E. M. and T. R. for them etc. that then the said E. and T. their heirs and assigns within four days next after the making of the said deed indented, and of the execution of the said estate of the said capital messages, and all other the premises to the said W. and to the heirs males, as is aforesaid: And by one other deed sufficient in the law reciting the grant by them made to the said W. M. and the heirs males of his body lawfully begotten, as is aforesaid, shall give and grant the reversion of the same capital mesuage and all other the premises with the yearly rent aforesaid, to the said H. M. To have and to hold the said reversion of the said capital messages and all other the premises to the said H. M. his heirs and assigns for ever. And the said W. M. covenanteth etc. that he the said W. in good order of Law, shall atturne tenant unto the said H. M. of the premises, and shall pay unto him his heirs and assigns, the said yearly rend to be reserved by the said deed indented, and to be granted unto the said H. M. his heirs and assigns, as is aforesaid. And also shall permit and suffer the said H. M. his heirs and assigns, Lords of the residue of M. and B. aforesaid, yearly at two several times in the year, that is to say, etc. upon reasonable warning to them given for the said day to keep his Court of the said manor upon any part of the premises, without let or etc. of the said W. M. etc. or of the heirs males of his body lawfully begotten, or of any other person or persons by his assent etc. And further the said E. M. and T. B. for them etc. that the said capital messages and other the premises, at the time of the making of the said estate thereof to the said W. M. and to the heirs males of his body lawfully begotten aforesaid, shall be clearly exonerated &c. for which gift and grant of the capital messages and other the premises, to be made and conveyed to the said W. M. and th● heirs males of his body lawfully begotten, in form aforesaid, the said W. hath truly contented and paid to him the said H. at the ensealing hereof twenty pounds of good etc. of which twenty pounds the said H. M. knowledgeth himself etc. In witness whereof etc. ¶ A Conveyance to uses of an estate tail not to be discontinued. THis Indenture made etc. Between I D. of thoue party, & W. T. Sect. 98. W. W. F. & T. R. of tother party, Witnesseth, that it is covenanted, condescended and agreed by and between the said parties in manner and form following, that is to say, whereas the said I. D. the day of the date hereof hath put one only child M. D. his son & heir apparent, and is fully resolved and determined how and in what manner his lordships, manors, lands, tenements and hereditaments, shall by the grace of God, continued, remain and be aswell in the life time of the said I. and the said M. his son, as after their deaths, and being withal greatly desirous to continued and stay all and singular his said lordships, manors, lands, and hereditaments in his surname, and to restrain as far forth as he lawfully may, the granting, selling or giving away of the said lands and inheritance, doth as well for the considerations aforesaid, as also for the natural and brotherly love which the said 1 beareth to G. D. his brother, and for the hearty affection that he hath toward H. D. his kinsman, and other hereafter named in this Indenture, doth covenant and grant for him and his heirs to, and with the said S. W. T. W. W. F. and T. R. their heirs and assigns, that he the said I D. and his heirs, and all and every other person and persons, and their heirs that now stand or be seized of, or in all and singular those his Lordships and manors of etc. Or that hereafter shallbe seized of the said Lordships, manors, and premises or of any part thereof, shall stand and be seized thereof, and of every part thereof to such uses, intents and purpose, and upon such conditions & limitations of uses, as in these presents shallbe expressed and declared, and to none other use, intent and purpose, And that all estates hereafter to be made or suffered of the said Lordships, manors and premises, or any part thereof between the said parties, or to other persons at the nomination or by the consent of any of the said parties, shall be deemed adjudged and taken to be and invre to the uses, intents and upon such conditions as hereafter in these presents are expressed. That is to say, to the only use of the said I D for and during the term of his natural life, without impeachment of waist, and after his death, then to the use of the said M. D. for and during the term of his natural life, And after his death, then to the use of the first begotten son of the body of the said M. D. lawfully to be begotten, & of the heirs males of the body of the said first begotten son lawfully issuing, And for default of such issue male then to the use of the second son etc. & to the use of other sons etc. And for default of such issue male, then to the use of the next heirs males of the body of the said I. D. hereafter lawfully to be begotten. And for default of such issue male, then to the use of the said G. D. & of the heirs males of his body lawfully begotten. And for default of such issue males, then to the use of the said H. D. and of the heirs males of his body lawfully begotten, And for default of such issue male, then to the use of etc. naming as many in like manner as shall be agreed. Provided always, and nevertheless it is covenanted, condescended and agreed by and between the said parties to these present Indentures, that if the said M. D. or any issue male of the said M. or the issues males of any of their bodies lawfully begotten, or any other person or persons which hereafter shall have any estate, interest or title, in or to the said premises, or in or to any part thereof by reason or virtue of these present Indentures or of any thing therein contained, other than the said D. do hereafter alien, bargain or cell the premises or any part thereof, or do make or procure to be made any feoffment, lenie any fine, suffer any recovery or put in ure, or go about by any overt ways or means to put in ure or practise any other act or acts, assurance or assurances for the destruction, determination, discontinuance, or alteration of the said estates or intailes, use or uses aforesaid, or to bar the said intailes or any of them, or to altar or change any of the said estates, or any use or uses aforesaid, whereby the said premises or any part thereof, or the use, uses or estates made or to be made of the same as is aforesaid, shall be aliened, discontinued, altered, changed or transferred from the said persons before named, to whom the premises are limited to be assured by these presents, in any other manner or sort, than they are limited and appointed by these presents, contrary to the true intent and meaning of the same, unless it be for leases for one & twenty years, reserving the accustomed rents or more for the same, or for the jointure of any of their wife or wives for term of life only of such wife or wives, not amounting above the yearly value of one hundred Marks, with like remainder and limitation of uses after the death of such wife or wives, as is aforesaid: That then and from thenceforth the use, interest, estate and tail limited in these presents to him or them, that so shall die without issue, or shall make any alienation, discontinuance, bargain or sale, or do or put in ure any act or acts, devise or devices, or practise any matter or matters for the destruction or alteration of the uses or estates limited, intended or implied, as is aforesaid, or do any act or acts, thing or things, as is aforesaid, contrary to the true meaning of these presents, shall cease and be determined. And that then the use, interest and possession of all and singular the premises with the appurtenances so aliened, altered, changed or attempted to be aliened, altered or changed, as is aforesaid, shall immediately descend, remain, revert and come to such persons to whom the same should then next descend or remain according to the use of the remainder and estate limited, intended or implied by these presents with remaynders over as is aforesaid. Provided always and nevertheless it is concluded and agreed by and between the said parties to these Indentures, that it shall and may be lawful for, and to the said I. D. at any time during his life by his writing or writings under his hand and Seal, to demise and grant the said Lordships, Manors and premises, or any part or parcel thereof, for term of one and twenty years to be accounted from the making thereof at the most, whereupon the old, ancient, and accustomed yearly rent or more shall be reserved, or by his last will and testament in writing to give and bequeath annuities to his servants for term of life or lives of any such servant or servants, issuing and going out of the said premises or any part thereof. And also that it shall and may be lawful for and to the said I. D. to grant and assure the said Lordships and premises or any part thereof, not amounting above half of the said Lordships and premises to any such woman or women, wife or wives as the said I. D. shall hereafter fortune to marry, for term of life or lives, only of such wife or wives, for and in consideration of her dower and jointure. Provided always, and it is fully concluded, meant and agreed, by and between the said parties to these Indentures and their heirs, that if the said I. D. at any time hereafter during his life, shall be minded upon whatsoever cause or occasion seeming meet or convenient to him to adnull, make void, altar or change the use, estate, uses or estates, or any of them limited, raised, intended, implied or made by these presents, touching the whole Lordships, manors, lands, tenements and hereditaments, and other the premises contained in these presents, or else touching some part or any part thereof only, and thereupon by his writing under his seal, & in any of the Courts of Record of our Sovereign Lady the Queen's Majesty her heirs or successors to be enrolled, do signify or declare that his will and pleasure is, that the uses, intents, and estates or any of them limited in these presents shall be void and of none effect touching the said whole premises, or touching some or any part thereof: That then and from thenceforth all the uses, behoofes, intents and estates, made, limited and appointed in, or by these presents shallbe utterly voided and of none effect touching the said whole premises, or such part thereof, in which the said I. D. shall so signify and declare that his will and pleasure is, that the uses, behoofes or estates aforesaid, or any of them shall be voided and of none effect, and that then all and every other person or persons, that now stand or be seized, or that hereafter shall stand or be seized of, and in the said lordships, manors, and premises, or in any part, or parcel thereof, shall from thenceforth stand and be seized of all & singular the said Lordships, manors, lands, tenements and hereditaments, and of all other the premises in which the said D. shall so signify and declare, that his will and pleasure is, that the uses, behoofes or estates aforesaid, or any of them shallbe voided and of none effect: Or of such part thereof in which the said I. D. shall so signify and declare that the uses, behoofes, or estates aforesaid, or any of them shallbe voided and of none effect to the use of the said I. D. and of his heirs and assigns for ever: any thing herein aforesaid to the contrary hereof in any wise notwithstanding. In witness whereof etc. ¶ Covenants limiting the uses of fines and recoveries levied with a Covenant to restrain the liberty thereof. THis Indenture made etc. Between I I etc. & S. G. & E. D. etc. Sect. 98. Witnesseth that where the said I I. is seized etc. And where also the said S. G. & E. D. have pursued out of the Queen's majesties court of Chancery against the said I. I one writ of Entre sur disseisin en le post, bearing date or teste the x. day of etc. directed to the Sheriff of the county of S. demanding thereby the said manors, lands, tenements etc. by the name of the manor of G. etc. the same writ being returnable before the Queen's majesties justices of the common Bench at Westminster in the v●as of S. Michael th'archangel next coming, to th'intent that the said S. G. and E. D. shall recover the said lands, and the premises with the appurtenances against the said I. I after the course of the common recoveries, used in such cases with voucher over to warranty of one H. S. the common vouchees. And where also the said S. G. and E. D. have pursued out of the said court of Chancery one writ of covenant against the said I I. bearing date or teste the etc. directed etc. demanding thereby that he the said I I. should hold covenant with the said I. S. & E. of the said two chambers etc. which the said I. mother of the said I I. now holdeth in dower for term of her life by the name of one mesuage &c. (naming the lands certainly) with thappurtenances etc. the same writ being likewise returnable before the said Queens etc. in the vtas of S. Michael next coming after the etc. to the intent that he the said I I. shall levy one fine with proclamation, according to the common course of fines used in such cases of the said mesuage and premises with the appurtenances, unto the said S. G. and E. D. and to the heirs of the said S. with warranty of the said I I. and his heirs against all men: It is now covenanted, granted, condescended, and agreed by these presents between the said parties to these Indentures, that the said recovery so to be had, recovered, and executed by the said S. G. and E. D. against the said I. I of the said manors, messages, lands, tenements, and the premises mentioned in the said writ of Entre of disseisin en le Post, and the execution of the same shallbe to the proper use and behoof of the said I I. his heirs and assigns for ever, and that the same fine so to be levied by the said I. I of the said lands, tenements, and premises contained in the said writ of covenant unto the said S. G. and E. D. and to the heirs of the said S. shall be levied, knowledged, recorded, had, and executed, to the proper and only use and behoof of the said I I. and his heirs for ever. And also it is fully agreed by all the said parties to these present Indentures, that the said S. G. and E. D. and their heirs, after the execution of the said recovery, and the levying of the said fine, shall stand and be seized of the said manors, messages, and of all other the premises, to the only use and behoof of the said I I. his heirs and assigns for ever, and to none other use or intents. Provided always, and it is further covenanted, granted, and agreed, by & betwixt the said parties to these presents, that neither the said fine so to be levied, nor the said recovery to be suffered in manner and form aforesaid, shall not in any wise be adjudged, construed, or taken to divest, transfer, give, or, assure from the said I. I or his heirs, any other lands, tenements, or hereditaments, then in the said recited deed indented of bargain and sale be contained, bargained, and sold and expressed, and that the residue and overplus of the said lands and tenements contained or specified in the said fine and recovery so to be levied, and not in this deed indented mentioned, meant to be conveyed to the said I. I and to the heirs of the said I. shall be to the only and proper use or uses of the said I I. and of his heirs for ever, and not to any other use or uses, intent or purpose. In witness whereof etc. ¶ Covenants limiting uses entail not to be discontinued. THis Indenture tripartite made etc. Between H. H. on the first part, Sect. 99 and Sir I. S. on the second part, and I. C. on the third part, witnesseth, that where the said H. H. is lawfully seized of an estate of inheritance, of & in divers lands, tenements & hereditaments with their appurtenances in M. H. and F. in the said County of L. and he so being thereof seized, & having no issue presently of his body lawfully begotten, calling to remembrance the uncertainty of this present life, hath thought it expedient by the advise of his dear friends, to set the same in such good order & stay, that after his death there shall arise no controversy or suit for the premises amongst his kinsfolks or friends. It is therefore between him the same H. H. & the other parties above remembered by these presents fully covenanted etc. That is to say, the said H. H. covenanteth etc. That he the said H. H. before the feast of etc. shall permit and suffer the said I. S. to pursue out of the Queen's majesties Chancery, within her highness county Palantine of L. one writ of Entre sur disseisin en le Post, returnable at a certain day before the Queen's majesties justices there. And by the same writ shall demand against the said H. H. four messages etc. with th'appurtenances in M. H. & F. in the county of L. To which writ the said H. H. shall appear in proper person, or by his Attorney sufficiently authorised for the same, & shall vouch to warranty immediately upon his appearance the common vouchees, as in such cases is used by the common vouch. And that the same vouchees shall appear in proper person upon the same voucher, and shall thereupon imparle, and after make default, to the intent a perfect judgement may be had for the demandants in the same, & so over against the said common vouchee, according to the course of common recoveries in such cases provided. Upon which said Recovery so to be had & suffered as is aforesaid, It is severally covenanted etc. that the said I C. and his heirs, by force of the said recovery, and of the said judgement and execution of the same, shall immediately stand and be seized, of, and in the said mesuage etc. to the uses and intents hereafter expressed and declared in these presents, and to none other use, intent, or purpose: that is to say, to the use of the said H. H. etc. Provided always etc. that if the said C. or any of the sons or daughters, to whom the said mesuage etc. be by these presents limited and entailed, in manner and form aforesaid, do at any time hereafter die without issue of their bodies lawfully begotten, or if they, or any the issue of any of their bodies lawfully begotten, inheritable by force of the limitation aforesaid, and of these presents, effectually attempt, practice, purpose, & go about to alien, bargain, or sell the premises, or any part or parcel thereof, or do or make any deed, writing, or levy any fine, or suffer any recovery against them of the said lands, tenements, and hereditaments, or of any parcel thereof, or by any fraud or covin, act or acts, thing or things whatsoever, for the destruction, bar, or determination of any of the intailes of the premises above mentioned, or any other to whom any remainder or use is limited or appointed by these presents: That then & from thenceforth the use, interest, & title limited by these presents to him or them that shall so die without issue, or shall bargain, alien, or cell, or otherwise encumber the premises, or any part thereof as is aforesaid, contrary to the true meaning of these presents, shall determine, cease, and be clearly frustrated, in like manner and form, as if he or she had died without issue of his or their bodies, And that then the use, interest, and possession, of and in the premises with the appurtenances, shall be immediately from thenceforth in him next in remainder, according to the same use, remainder, interest, and estate, to him or her limited by these presents: any thing herein contained to the contrary hereof in any wise notwithstanding etc. Bills obligatory, and Obligations. ¶ What Bills and Obligations be, and what is specially to be considered therein. A Bill or Obligation (which be all one, saving that when it is in Sect. 100 English, it is commonly called a Bill, and when it is in Latin an Obligation) is a deed, whereby the obligor doth knowledge himself to own unto the obligee a certain sum of money or other thing. In which besides the party's names are to be considered, the sum or thing due, & the time, place, and manner of payment, or delivery thereof. Obligations be either by matter in deed or of Record. An Obligation by matter in deed is every obligation which is not knowledged and made in some court of Record, as in the examples next hereafter ensuing. ¶ A bill obligatory by one to one. THis Bill Witnesseth, that I. T. T. of D. in the County D. Esq. Sect. 101. do own unto W. W. of B. in the said County Gent. x. li. of lawful English money: For the payment whereof, I bind me & mine heirs. In witness whereof I have hereunto put my hand and seal the first day of ja. in the 32. year of the reign of our sovereign Lady Eliz. by the grace of God, of England, France, & Ireland Queen, defender of the faith etc. ¶ Or shortly thus. I A. B. own unto D. B. x. l. of lawful English money for the payment whereof I bind me and my heirs. In witness etc. I have hereunto put my hand and seal the xx. day of etc. ¶ Or thus indented, containing days and place of payment with a penalty. THis Bill indented made the eighteenth day of N. in the 32. year of the reign of our sovereign Lady Eliz. by the grace of God of England, France, & Ireland Queen, defender of the faith etc. Between W. W. of R. in the County of York Gent. on the one party, & T. T. of R. aforesaid yeoman on the other party, Witnesseth, that the said W. W. doth own unto the said T. T. x. l. of lawful English money, to be paid to the said T. T. his executors or administrators, in the South porch of the parish church of R. aforesaid, in manner and form following: That is to say, upon the first day of March next ensuing the day of the date hereof v. li. thereof, and upon the second day of August than next following other v. li. thereof residue: For the which payments well & truly to be made, in manner and form aforesaid, he the said W. W. doth by these presents bind himself, his heirs, executors, and administrators, & every of them firmly by these presents in xx. li. of like lawful English money to be forfeited and paid to the said T. T. his executors or administrators. In witness whereof the said parties have hereunto interchangeably put their hands & seals the day and year first a 'bove written. ¶ Or thus without a penalty. BE it known unto all men by these presents, that I. T. K. of D. in the County of S. yeoman, do own unto I S. of the said town and County gentleman, one hundred pounds of good and lawful etc. to be paid to the said I. S. his heirs, executors, or administrators, upon the feast of Easter day next coming after the date hereof: For which payment well and truly to be made, I bind me and mine heirs firmly by these presents. In Witness whereof I have hereunto put my hand and seal. Dated the first day of januarie, in the two and thirtieth year of our etc. ¶ Or thus by two to two. BE it known etc. That we W. and M. etc. own or are indebted to S. I and C. R. gentlemen, in x. li. of lawful English money, to be paid to them, or either of them, or to their Attorney, executors, or administrators, the vi. day of May next ensuing after the date hereof, in the South porch of the parish Church of R. in the County of York: For the which payment well and truly to be made, we bind us and either of us, our heirs, executors, & administrators, and every of us jointly and severally for the whole, and in the whole by these presents. In witness whereof etc. ¶ Or thus by three to three. BE it known etc. That we A. B. C. D. and E. F. etc. do own and are indebted unto T. S. I. K. and L. M. in x. li. of lawful etc. to be paid to the said T. S. I. K. and L. M. or any of them, or to their Atturneiss, executors, or etc. or any of them, upon the etc. For the true payment whereof, we bind us, and every of us jointly and severally by these presents. In witness whereof etc. ¶ A Bill for Money lent. BE it known unto all men by these presents, that A. B. etc. at and before the making hereof hath received and had by way of free loan of C. D. etc. one hundred pounds of lawful English money, which hundred pounds the said A. B. by these presents knowledgeth himself to own unto the said C. D. to be paid to him, or his certain Attorney, his executors, or administrators, upon the x. day of May next ensuing the date of these presents. And for the true payment thereof doth by these presents firmly bind him, his heirs, executors, and administrators, & every of them. In witness whereof etc. ¶ A Bill for things lent. BE it known etc. That A. B. etc. the day of the making hereof hath received and had by way of frank & friendly loan of C. D. one Bible, containing the old and new Testament in the Greek tongue, bound in past and in black leather, to be used by him till etc. during which time the said A. B. doth by these presents for him, his executors, & administrators, and every of them covenant, promise, and agreed, to and with the said C. D. his etc. well & safely to keep the said book, and it to restore & redeliver to the said C. D. or his certain Attorney, his executors, or administrators, in so good plight as the same now is, Or then to pay to the said C. D. for the same book xl. s. of etc. For the performance of which covenant and agreement, the said A. B. doth by these presents bind himself, his executors, and administrators, and every of them in xl. s. of lawful English money, to be paid to the said C. D. his executors or administrators. In witness whereof etc. ¶ An Obligation by one to one. noverint universi per praesentes me W. G. de R. in Comitatu S. Sect. 102. gener, teneri & firmiter obligari W. B. in decem libr', bonae & legalis monete Anglie. Soluend' eidem W. B. aut suo certo Attornat vel executor' suis, in festo S. Mich. Arch. ꝓxim futuro post datum praesentium. Ad quam quidem solutionem bene & fideliter faciend', obligo me haered', executor', & administrator meos firmiter per presents, sigillo ●●o sigillar. Dat' tertio die la. anno regni dnae nostre Elizabeth dei gratia Angliae, Franciae, & Hiberniae Reg. fidei defensoris etc. xxxuj. ¶ Or thus to a Sheriff. noverint universi per praesentes me I. L. de C. in Com̄ E. husbandman, teneri & firmiter oblig' T. C. Militi Vicecom come E. in xx. li. bonae etc. Soluend' eidem Vicecom aut suo certo Atturnat vel executor' suis. Ad quam quidem solutionem bene & fideliter faciend' obligo me, heredes, executores, & administratores meos per praesentes, sigillo meo sigillat. Dat' etc. ¶ Or thus of person and goods renouncing sanctuary and protection. noverint universi per presentes, quod ego A. B. non coactus, non compulsus, nec aliqua alia mala imaginatione ad hoc inductus, sed mera, propria, & spontanea voluntate, & certa scientia cognosco, ac palam & publicé confiteor me teneri, & per presentes fimiter obligari D. E. in quingent̄ libr' legalis monetae Angl'. Soluend' & restituend' eidem D. E. aut suo certo atturnat, procurat, nuncio, haered', vel execut suis, aut latori presentium in festo P. proxim' futur' sme dilatione ulteriori. Ad quam quidem solutionem bene & fideliter faciend' & perimplend' in forma pndicta, obligo me, hered', et executores meos, ac omnia bona mobilia mea posentia & futura, tam ultra mare quam citra, in quocunque loco vel jurisdictione inventa fuerint capienda & distringenda. Et si (quod absit) defectus fiat in solutione pndicta ultra But to bind the goods, it seemeth better to make condiction ●● s●le thereof. festum sive terminum superius limitatum, tunc quecunque dampnum, sumptus, & interesse dictus D. E. patietur, aut pati poterit vel debet pro tenore defectus, illa oina & singula ego dictus A. B. teneor & firmiter obligor ꝑ pnsentes solvere & fideliter satisfacere, sicut de debito principali: Statut, privilegijs, ac consuetud' quibuscunque civitatis London, seu cuiuscunque alter civitatis, villae, patriae, vel loci ad hoc contrarijs non obstantibus. Revoco etiam & renuncio omnes protectiones, defensiones, sanctuaria, franchesias, libertates, subuentiones, & privilegia quaecunque, per quae ego possim in hac part tueri, aut cautelas seu dolum malum facere in damnum & praeiudicium praed' E. creditoris mei de pmmissis. In cuius reitestimonium etc. ¶ Or thus by two to two, noverint universi per praesentes nos W. M. de C. in comitatu L. yeoman, & T. R. de R. in come praed' Tailor, teneri & firmiter obligari S. I & C. R. generos. in xl. li. bonae & legalis monetae Anglie. Soluend' eisd' S. I. & C. R. seu eorum alteri, vel eorum certis attornat, execut, vel administrat suis. Ad quam quidem solution bene & fideliter faciend', obligamus nos & utrumque nostrum per se, pro toto & in solido, haered', execut, & administrat nostros per praesentes, sigill' nostris sigillatas etc. Dat' etc. ¶ An Obligation where two owners of a ship are bound to two Merchants. noverint universi per praesentes nos I B. & R. T. de villa Hull' marinarios ac possessores sive proprietar cuiusd' navis vocat' Primrose of Hull etc. teneri & firmiter obligari W. C. & I C. Mercatoribus villae C. in xl. li legalis monetae Angl'. Soluend' eis● ' W. C. & I C. seu eorum alteri, vel cor cert Attornat, haered' seu executoribus suis, in festo Paschae proxim' futur' post datum praesentium. Ad quam quidem solutionem bene & fideliter faciend', obligamus nos, & utrumque nostrum per se, pro toto & in solido, ac navem praed' cum But a a conditional sale seemeth more sure than this. toto apparatu eiusdem, haered', execut, & administrat nostros, ac omnia bona nostra, tam ultra mare quam citra, ubicunque fuerint inventa per praesentes. In cuius rei etc. ¶ Or thus, where three are bound to the Queen and others. noverint universi etc. nos A. B. C. etc. Mercator de Vener, tener & firmiter obligari excellentissunae Principi Elizabethae dei gratia Angliae, Franciae, & Hiberniae Reginae fidei defensori etc. ac T. B. & H. C. collectoribus & customarijs Subsid' eiusdem dnae Reginae in portu Colcestriae in viginti libr' sterlingorum. Soluend' eisden dominae Reginae & customarijs, aut eorum uni, vel eorum certis attornatis. Ad quam quidem solutionem bene & fideliter faciend', obligamus nos & quemlibet nostrum pierce; pro toto & in solido haeredes, executores, & administratores nostros ꝑ presents. In cuiu●rei testimonium etc. ¶ Or thus by three to three. noverint etc. nos etc. A. B. C. D. & E. F. Milites, teneri etc. G. H. I. F. & L. M. generosis in xl. li. sterling '. Soluend' eisd' G. I. & L. seu alicui eorum, aut suo certo Attorn̄, vel executor' suis, in festo omnium Sanctor, proximo futuro post dat' praesentium. Ad quam quidem solutionem bene & fideliter faciend', obligamus nos, & quemlibet nostrum per se, pro toto & in solido, haered', executor', & administrat nros per presents. In cuius rei testimonium huic presenti script' nostro sigilla nostra apposuimus. Dat' etc. ¶ Or thus with days of payment and a penalty. noverint universi per praesentes nos A. B. C. D. & E. F. etc. teneri & firmiter etc. G. H. I. K. & L. M. in C. li. legalis monetae Anglie. Soluend' eisd' G. I. & L. in forma subscripta, uz. in festo Annunc' beatae Mariae Virginis nunc proxim' sequent, quinque libras: In festo Paschae tunc proxim' sequen', quinque libras: In festo Nativitatis S. Io. Baptist' tunc proxim' fu●●r̄ quinque libras, & sic de festo in festum, uz. in quolibet festo festor illor̄ quinque libras, quousque dict' CC. li. plenary sic persoluantur: Ad quas quidem solutiones, & quamlibet earum (ut premittitur) been & fideliter faciend', obligamus nos & quemlibet nostrum etc. Et si contingat nos praefat' A. B. C. D. & E. F. deficere in aliqua solutione solution praed in part vel in toto, contr̄ formam praed', tunc volumus & concedimus, nos teneri & quemlibet nostrum per se, pro toto & in solido per praesentes firmiter obligari praefatis G. I & L. in pred' CC. li. Soluend' eidem G. aut suo cert Attornato, executor' aut assignat' suis. In cuius rei testimonium etc. ¶ Or thus to a Bishop, and others. noverint universi per pnsentes nos ●ic' I de S. in comitatu Ebor' Taylor, R. I de R. in eodem comitatu Taylor, R. S. de S. praed' husbandman, & R. H. de S. in comitatu praedicto, teneri etc. reverendissimo in Christo patri & domino, domino Th. permissione divina Eborum Archiepiscopo Angl' primati & Metropolitano, & Magistr̄ W. I. in legibus Baccalaureo Scaccarij dicti Reuerend' patris apud Fbor commissario & recept general', & W. & I liberis N. I de R. in CCC. li. bonae & legalis monetae Anglie, Soluend' eisdem Reverendissimo patri, & Magistro W. I commissar, ac liberis pred', aut eorum certis attornat, execut, & administrat suis, in festo Sancti Mich archangeli proxim' futuro post datum praesentium. Ad quam quidem solutionem bene & fideliterfaciend', obligamus nos, & quemlibet nostrum pro toto & in solido, haered', execut, & administrat nostros firmiter ꝑ praesentes, sigill' nostris sigillat. Dat' etc. Thus much of obligations not being of Record, whereunto succeed those that be of Record. Recognizances. AN Obligation by matter of Record, is a Sect. 103. writing obligatory knowledged and enrolled in some of her majesties courts of record before a judge or other officer having authority to take the acknowledgement thereof. And is either 〈◊〉 recognizance or a Statute. In a Recognizance he is the Recognisor which knowledgeth it, and he the Recognisee to whom it is knowledged. And a Recògnisance is a bond of Record testifying the Recognisor to own unto the Recognisee a certain sum of money, and is knowledge in some Court 〈◊〉 Record, or before some judge or other Officer of such Court ha●●●g authority to take the same: as the Masters of the Chancery, the judges of either Bench, Barons of the Esche●●er, justices of peace etc. And those that be mere Recognizances are not sealed, but are enrolled. And execution by force thereof, is of all the Recognisors goods and chattels, except his draft beasts and implements of husbandry, and of the moiety of his lands, and they been made thus. ¶ A Recognisance in the Chancery. Joh. A. de A in comitatu Sussex Armiger, coram domina Regina in Cancellaria sua personaliter constir̄, recognovit se debere I B. civi & Grocer̄ London, centum & nonaginta libras bone & laegalis monetae Angliae. Soluend eidem I B. aut suo certo Attornat, haered', executor', vel assignatis suis, in festo Purificationis beatae Mariae virginis proxim' futor post datum huius recognitionis. Et nisi ita fecerit, vult & concedit pro se, haered, executor', & administrat suis per praesent̄, quod dicta summa centum & nona ginta librar, levetur & recuperetur de manerijs, mesuagijs, terris, tenementis, bonis, catallis, & haereditament̄ ipsius I A. haered', executor', & assignat' s●or̄ ubicunque fuerint inuent' per praesentes. Teste dicta domina Regina apud Westm on̄ ultimo die de●embris, Anno regni eiusdem dnae nostrae Elizabethae Reginae xxxuj. ¶ A Recognisance in the Admiralty. Dle Martis seven. die mensis M. Anno domini 1580. Regnique Serenissimae dnae nostrae Elizab. Reginae etc. Anno vicesimo tertio; coram D. L. Legum doctor supreme Curiae Admiral Angliae judice, necnon uno e Commissarijs pro piratijs, depraedation etc. in aedibus suis etc. in praesentia mei Wilhelmi H. Notarij publici dictae Curiae Registoris, comparuerunt personaliter Wilhelmus V de C. in comitatu Suss. gener, T. S. de parochia Sancti Mildredi in Pultria Civitatis London Iremonger, Will' A. de T. in dict' come Suss. generos. & T. M. de A. in come Glamorgan gener, ac recognoverunt se deber dict' serenissimae dnae nostrae Elizabethae Regine etc. summam ducentar librar: Soluend' eidem dominae Reginae, aut suo certo attornat, haered vel successonribus suis, primo die proxime futur' mensis Aprilis, Quam summ̄ quilibet eor recognovit se debere. Et nisi haec fecerint etc. ¶ A single Recognisance before justices of the peace. MEmorandum quod septimo die jan Anno regni dominae nostrae Elizabethae dei gratia Angliae, Franciae, & Hibern Regin̄ fidei defensoris etc. xxxuj. venerunt coram nobis C. B. Milit, & W. M. armig' Iusticiar' dictae dominae Reginae ad pacem in come E. conseruamd assignat' I S. de B. in come E. yeoman, & W. S. de eodem Weaver, ac R. D. de S. in comitatu praed Tailor, Et recognoverunt se debere dictae dominae Reginae (videlicet) quilibet manucapt pred quinque libr', & praed I S. decem libr' bonae & legalis monetae Angl'. Soluend eidem dnae Reginae in festo Purificationis beatae Mariae virgins proxim' futur' post datum praesentium. Et nisifecerint, concesserunt etc. utsupra. ¶ A Recognisance for the peace, and to appear at the next Sessions. MEmorand' quod iiij. die julij, Anno regni dominae nostrae Elizab. Sect. 104. dei gratia etc. xxxuj. R. P. de I. in comitatu E. yeoman in propr persona s●a, venit coram me G. M. uno justiciarior dictae dominae Reginae ad pacem in dicto comit' conseruand assignator̄, & assumpsit pro seipso sub paena xx. li. Et H. I de L. in come praedict' yeoman, Et I F. de M. in eodem comitatu husbandman, tunc & ibm' in proprijs personis suis similiter venerunt, & manuceperunt pro praedict' R. P. (videlicet) quilibet eorum seperatim s●b paena centum solid'. Quod idem R. P. personaliter comparebit coram justiciarijs dictae dne Reginae ad pacem, ad proximam generalem Sessionem pacis in comitatu predict' apud M. tenendam, ad faciendum & recipiendum quod ei per Curiam tunc ibidem iniungetur. Et quod ipse interim pacem dicte dnae Reginae custodiet erga ipsam dominam Reginam & cunctum populum suum, & praecipue versus M. N. de I. praedicta yeoman. Et quod damnum, malum aliquod corporale aut gravamen prefat' M. N. aut alicui de populo dictae dnae Reginae, quod in lesionem aut perturbationem pacis ipsius dnae Regine cedere valeat quouis●odo non faciet, nec fieri procurabit. Quam quidem summam viginti librar praedict' R. P. & quilibet manucaptorum predictorum predictas seperales summas centum solid', recognoverunt se debere dictae dominae Regin̄ de terris & tenementis, bonis & catallis suis, & quorumlibet & cuiuslibet eorum, ad opus dictae d●ae Reginae, haered & successorum suorum fieri & levari, ad quorumcunque manus devenerint, si contigerit ipsum R. P. premissa, vel eorum aliquod in aliquo infringere, & inde legitimo modo convinci. In cuius rei testimonium ego praedict' G. M. praesent̄ sigillum meum apposui. Dat' apud I praed' die & anno primo supradictis. ¶ Or thus a little differing. MEmorandum quod iiij. die etc. A. B. de I etc. & C. D. de eadem yeoman, venerunt coram me G. M. etc. & manuceperunt pro I S. nu ꝑ de L. etc. quod ipse personaliter comparebit coram me prefat' G. M. vel socijs meis Iusticiar' pacis dnae Reginae ad proximam generalem Sessionem etc. Et quod ipse interim geret pacem erga cunctum populum dicte dne Reg. & praecipue erga R. B. etc. videlicet, quilibet manucaptorun predict' sub paena xx. libr'. Et praedict' I. S. assumpsit pro seipso sub paena xl. libr'. Quam quidem summam xl. libr', pred' I S. & quilibet manucaptorum praed' dictam summam xx. libr' recognoverunt etc. ut supra. ¶ A Recognisance for the good Abearing. Memorandum qd' v. die mensis julij, Anno regni Elizabethae etc. xxxuj. vener̄ coram nobis E. N. & W. S. etc. quod idem R. G. personaliter comparebit coram Iustic' dictae dne Regine ad pacem etc. ad ꝓximam generalem Sessionem etc. Et qd' ipse interim se bene geret erga dictam dominam Reginam & cunctum populum suum, & precipué erga I B. de C. etc. Et quod ipse non inferet, nec inferri procurabit per se nec per alios damnum aliquod seu gravamen prefat' I B. seu alicui de populo ipsius dnae Regine de corporibus suis per insidias, insults, seu aliquo alio modo, qd' in lesionem seu ꝑturbationem pacis dictae dnae Regine cedere valeat quovismodo: viz. uterque pndict̄ H. C. & I S. sub pena C. li. Et predictus R. G. sub pena CC. li●●arū. Quas quidem seperales summas centum librar', uterque praedictorum H. C. & I S. (ut praedicitur) pierce ac predict' R. G. dictas CC. li. recognoverunt se debere dictae dnae Regin̄ de terris & tenementis, bonis & catallis suis, & quorumlibet & cuiuslibet eorum, ad opus ipsius dictae dnae Reginae fieri & levari, si contingat praef. R. G. in aliquo premissorum deficere & inde legitimo modo convinci etc. In cuius rei etc. ¶ A Recognisance to give in evidence against one that is suspected of Felony. MEmorand' quoth xx. die No. Anno regni dnae nostre Elizabethae dei gratia Angliae, Franciae, & Hiberniae Regine fidei defensor etc. xxxuj. R. T. nuper de C. in come pndict̄ yeoman, venit coram me W. M. armig' uno Iustic' dictae dominae Regine ad pacem in comitatu pnd' conseruand' assignat', & recognovit se debere dictae dnae Reginae quinque libr' legalis monetae Angliae, Sub conditione quod ipse personaliter comparebit coram me & socijs meis Iustic' predict' add proximan generalem gaolam in comitat' pred' tenend'. Et adtunc & ibidem ostend' in euidenc' secundum formam statuti, versus D. F. in come praed', qui modo attach. & suspect' feloniae gaolae dictae dne Reginae come praed' commissus existit, qd' tunc etc. alioquin etc. ¶ A Recognisance for keeping of a Tavern. MEmorandum quod 4. die Feb. Anno Reg. dnae nostrae Elizab. dei gratia Angl', Franciae, & Hiberniae Reginae fidei defensor etc. xxxuj. venerunt coram nobis C. B. et H. W. Milit, Iusticiar' dictae dnae Reginae ad pacem dictae dnae Reginae in Com̄ Eborun conser●and', necnon alia malefacta ac diversas transgr perpetrat audiend' & terminand' assign', ven' A. B. de T. in comitatu pndict̄ L. & R. A. in comitatu predict' H. & W. T. de eadem in eodem comitatu Weaver, Et manuceper (videlicet) quill bet manucapt praedict' sub paena quinquagint solid'. Et praedict' W. T. assumpsit pro seipso sub paena quinque libr', quod ipse W. T. bene gerat Tabernam secundum formam statuti. Quas quidem seperales summas quilibet eorum cognovit se debere dicte dominae Reginae, Atque volunt & concedunt de terris & tenementis, bonis & catallis suis, & cuiuslibet eorum fieri & levari, si praedictus W. T. defecerit etc. ¶ A Recognisance for alehouses. MEmorand' quoth 7. die Sep. etc. Anno regni etc. I L. Baker, & I G. joiner de etc. in comitatu praedicto, venerunt coram nobis W. K. & A. B. armig', duobus Iusticiar' domine Reginae, & manuceperunt pro R. D. de etc. quilibet manucapt predict' I. L. & I G. sub paena decem libr', & idem R. D. manucepit pro seipso sub pena viginti libr', quod ubi praedict' R. D. per praedict' Iustic' nunc admissus est ad custodiend' commun̄ domum Seruicie sive Tipland', secundum formam statuti in anno 5. & 6. domini Regis Edwardi sexti aedit, si praedictus R. D. deinceps non custod' nec frequentat aliquos ludos illicitos, sive prohibit in domo sua, neque hospitet in domo sua aliquos vacabundos sive otiosas, aut suspectas personas, nec custodit aliquam malam requiem in domo sua, durant termino quo ipse occupaverit communem domum seruic', siue tipland': Et si defect' fiat in aliquo sive aliquibus p̄miss tam manucapt predict', quam R. D. cognovere summas pnd levand de bonis & catallis, terris, & tenementis, ad opus & usum dictae dnae Reginae etc. ¶ Aliomodo. MEmorand quod x. die jan. etc. A. etc. venerunt cor nobis W. K. & A. B. armig' duobus Iustic' &c. A. B. & E. F. etc. & manuc' ꝓ I. H. viz. quilibet manucapt̄ sub paena vj. li. & praedict' I. H. ꝑ seipsum assumpsit sub paena x. li. quas etc. si etc. ¶ A Recognisance before a justice of the common Pleas. MEmorand quod viii. die Martij, Anno regni Elizab. etc. xxxuj. A. B. de C. in comitat' D. Miles, venit coram me R. H. uno Iusticiar' dictae dominae Reginae de banco in propria persona sua, Et recognovit se debere E. F. armig' sexcent libras legalis monete Anglie. Soluend eidem E. executor' vel assignat' suis, in festo Nativitatis sancti joh. Bap. proxim' futur'. Et nisi fecer, concedit p se & haeredibus suis, quod praedict' sexcent libr' de terr' & catallis suis ad opus & usum pndicti E. & executorum suorum leventur, ad quorumcunque manus devenerint etc. ¶ A Recognisance before the barons of the Exchequer. MEmorandum quod I M. gen, nominatus Balliws & collector reddit' & reuene ' manerij de B. in comitatu E. nuper parcell' possession nuper Monasterij de P. in comitatu praedicto, C. I de S. in comit' praedicto gen, & F. S. de C. in eodem comit' gen, venerunt coram Baron̄ de Scacc' dominae Regine nunc apud Westmonast▪ decimo nono die M. Anno Regni dictae dominae Reginae nunc vicesimo nono in proprijs personis suis. Et recognoverunt se coniunctim & divisim debere eidem dominae Reginae etc. Soluend' eidem dominae Reginae in festo etc. proxim' futur'. Et nisi fec er●nt, concedunt & quilibet eorum concedit pro se, haered', & executor' suis, quod Barones huius Scaccar de terris, & tenementis suis de quibus ipsi aut eorum aliquis, aut ●liquis alius, sive aliqui alij ad eor alicuius usum ad praesens sesit existit aut sesiti existunt, ac de bonis & catallis suis ad quorumcunque manus devenerint dictos denarios fieri faciant ad usum domine Reginae levari. Statutes and Statutes Merchant. A Statute is a bond of Record sealed, testifiing Sect. 105. the debtor to own unto the creditor a certain sum of money. And the same bond is knowledged before such persons, and in such manner as is appointed by Statutes in that behalf made. And thereof been such bonds termed Statutes, and they be of two sorts: that is to say, Statutes Merchant, and Statutes Staple. A Statute Merchant is a bond knowledged before one of the Clerks of the Statutes Merchant and Mayor or chief warden of the City of London, or two Merchants of the said City for that purpose assigned, or before the Mayor, chief Warden or Master of other Cities or good Towns, or other sufficient men for that purpose appointed. And sealed with the seal of the debtor, & of the King, which is of two pieces, the greater is kept by the said Mayor, chief Warden etc. and the lesser piece thereof by the said Clarks. The fee for the said Seal is for Statutes knowledged in Fairs of every pound an halfpenny, and out of Fairs of every pound a farthing. The execution upon Statutes Merchant is first to take the body of the debtor, if he be lay, and can be found, if otherwise, then upon his lands and goods. 13. Ed. 1. cap. And it is made in form following. ¶ A Statute Merchant. noverint universi etc. nos A. B. & C. D. teneri, & per praesens Sect. 106. scriptum de Statuto Mercatorio firmiter obligari W. P. in quinquagint libr' sterlingor. Soluend eidem W. P. aut suo certo Atturnat hoc script' ostend', executoribus, vel administratoribus suis in festo P. proxim' futuro post datum praesentium. Et nisi fecerimus, volumus & per presentes concedimus, quod currat super nos & utrumque nostrum, heredes, executores, & administratores nros, paena & districtio provis. in statutis domini Reg. apud Acton Burnel & Westm pro Merchandisis edito tempore dni Ed. quondam Regis Anglie, progenitoris dominae Reginae nunc existent'. In cuius rei testimonium huic pnsenti script' meo, sigillum meum una cum sigillo dictae dominae nostr' Reginae de recogn' debit' ville de K. super Hull predict' pnsentibus appens. Dat' coram R. I. Maiore ville de K. super Hull praedict', & I L. cleric' add huiusmodi recogn' debit' ꝓ Merchandisis in eadem emptis recuperand', ordinat, & provis. accipiend' deputat' 30. die ja. Anno regni dictae dominae Reginae xxxuj. ¶ Or thus. ¶ Coram A. C. de K. vel coram Custod ' sigill' dominae Reginae nunc de Mercatoribus in nundinis de K. & C. D. clerico eiusdem dominae Reginae ad huiusmodi recogn' etc. ¶ An other Statute Merchant. noverint universi per presents me I. W. de etc. teneri & ꝑ praesens scriptum de Statuto Mercator firmiter obligari W. C. in xl. libr' legalis monetae Angliae. Soluend' eidem W. aut suo certo Atturnat, haered', vel executor suis in festo P. ꝓxim futur' post datum presentium. Et nisi fecero, volo, & per praesentes concedo, quod currant super me, haeredes, & executores meos, distriction & pena provis. in statuto dni Regis apud Acton Burnel & Westm pro Mercator edito. Et facta fuit haec recognic' coram I F. & W. C. tunc Ballivis ville G. predict' custod' maioris pecie sigilli dicti Statuti, & T. R. clerico domini Regis custod' minoris pecie sigilli eiusdem Statuti ad recogn' debtor Mercator apud G. praedict' accipiend' deputat'. In cuius rei testimon̄ huic present, sigillum meum & sigillum dict' Statuti apponi procuravi. Dat' G. xx. die etc. Anno etc. ¶ A Statute knowledged before Bailiffs. noverint universi per presentes nos H. L de B. in comitat' S. gen, I. P. de M. in come R. gen, I. P. de nova Villa in come M. armig', I ap E. de W. in come S. predict' gen, I. D. de S. praed' in eodem come S. gen, O. ap M. de W. predict' in come S. praedict' gen, M. ap 1 de W. praedict' in come S. predict' yeoman, teneri & firmiter obligari H. T. & R. T. armig' in etc. Soluend' eisden H. & R. aut eorum uni, seu corum certo Atturnat, executor', seu assignat' suis in festo P. ꝓxim futur' post datum presentium. Et si defecer', tunc volumus & concedimus quod currant super nos & quemlibet nostrum, & heredes nostros, district' & paena pro●is. in statut' pro Mercator apud Acton Burnel, & West. tempore dni Edw. quondam Regis Angl' aedit recuperand'. Et facta fuit haec recognitio coram R. M. & I H. Ballivis dnae Reginae ville sue de L. custod' maioris pecie sigilli Statuti Mercat pred dne debit' mercat̄ apud L. pred' deputat', ac custod' minoris pecie sigilli eiusdem Statuti. In cuius rei testimon̄ huic pnsenti script' nostro sigilla nostra apposuimus, & pro maiore securitate sigillum Statut Mercator villae pred' his apponi procuravimus. Dat' xx. die Iu. Anno regni dictae dnae Reg. etc. xxxuj. ¶ A Statute merchant knowledged before bailiffs. noverint universi per praesentes me W. C. de S. in come S. yeoman, teneri & firmiter obligari I B. de S. predict' Mercator Stapul' Calic' in etc. Soluend' eidem I. aut suo certo Atturnat, haered', vel executor' suis in festo P. proxim' futur' post datum praesenc'. Et nisi fecero, volo quod currant super me, haered', & executor' meos, paena & distriction provis. in statuto dni Regis E. apud Acton Burnel pro Mercator edito, & postmodum apud Westm recitat. In cuius rei testimon̄ tam sigillum pred' dni Regis pro hmndi cause. ordinat, quam sigillum meum present̄ sunt appens. Dat' apud S. decimo die etc. ¶ A certificate of a Statute. VEnerabili & honorabili viro N. B. Milit, dno custod' magni sigilli illustrifsime dne nostre Reg. Angl', Ad ure denominac' mand●t̄ parrot O. H. & E. P. Balliu● dicte dne nostre Reg. villae fuae S. & A. M. clericus ad recogn' debtor in eadem accipiend', deputat', reverentiam & honorem denominac' vestrae. Significamus quod decimo die etc. anno regni Regis Henrici seven. post conquestum Angl' &c. W. C. de villa de S. in come S. gen, venit coram N. W. & H. W. tunc Ballivis ville S. & cognovit se debere I B. de S. Mercat stapule Calic' etc. quas id● W. C. solvere debuit in festo P. ꝓxim futur', & eas pnd' W. eidem I. nondum soluit ut dicitu●: Et quia pref. W. solutionis sue termin pnd' I non obseruavit, denominac' vestram honorabilem humiliter deprecamur quatenus praef. W. ad dicti debiti sui soluc' praef. I. faciendum juxta formam statuti praed' compellere velleret dominac' vestra. Statutes Staple. A Statute Staple is either properly so called or improperly: Sect. 107. A Statute staple properly so called is a bond of Record knowledged before the Mayor of the Staple in the presence of one of the two Constables of the same Staple, for which seal the fee is of every pound, if the sum exceed not a C. li. a half penny. And if it exceed a C. li. of every pound a farthing. And by virtue of such a statute Staple, the creditor may forthwith after certificate thereof into the Chancery have execution of the body, lands and goods of the debtor 17. E. 3. cap. 9 And the statute Staple properly so called is made as followeth. ¶ A statute Staple for debt. noverint universi per praesentes me I. H. de L. in come Sussex Sect. 108. armig', teneri & firmiter obligari I A. in etc. Soluend' eid' I. A. aut suo certo Atturnat hoc script' ostend', haered' vel execut suis, in festo Purific' beatae Mariae virgins ꝓxim futuro post dat' praesentium. Et si defecero in solutione debit' praedict', volo & concedo qd' tunc currat super me, hered', executor' meos paena in statuto Stapulae de debitis pro merchandizis in eadem emptis recuperand', ordinat & ꝓuis. Dat' undecimo die Feb. anno regni dnae nostrae Eliz. dei gratia etc. ¶ Note, that if any statute Merchant, or of the Staple, within 4. Months after the knowledging thereof, be not brought to the Clerk of recognisances taken according to the statute of 23. H. 8. cap. 6. or his deputy, and the true copy thereof there entered in the book of the said office, within vi. Months after the said knowledging thereof, then is the same thereby voided against purchasers of lands, which otherwise should be thereunto liable, 27. Eliz. cap. 4. ¶ Of a bond unproperly called a Statute staple. A Statute staple improper is a bond of Record founded upon Sect. 109. the statute of 23. H. 8. ca 6. of the nature of a proper statute staple, as touching the force and execution thereof, and knowledged before one of the chief justices, & in their absence before the Mayor of the Staple, and the Recorder of London, in this manner. ¶ Noverint universi per praesentes nos A. B. & C. D. armig', teneri & firmiter obligari I S. in centum libr' sterling '. Soluend' eid' I. aut suo certo Atturnato hoc script ostend', hered' vel executoribus suis, in festo Paschae ꝓxim̄ futuro post datum praesentium. Et si defecerimus (if two or more be bound.) Or si defecero (if one only) in solutione debiti predict', volo & concedo, (vel) volumus & concedimus quod currat so ꝑ me, hered', & executor' meos (vel) su ꝑ nos & utrumque, vel quemlibet nostrum hered' & executores nostros paena in statuto Stapule de debitis pro merchandizis in eadem emptis recuperand', ordinat & provis. Datum etc. Conditions of Obligations and recognisances. HItherto have we showed the several forms of Obligations, Sect. 110. recognisances, and Statutes. And now for somuch as there be sundry Conditions and Defeasances made to defeat the same: It seemeth meet in this place to show the forms of so many of them as seem necessary for our instruction in the making thereof, leaving the rest which be almost infinite to be made, as occasion shall be offered. ¶ A Condition, Conditio, is therefore generally a rule, manner, or law, annexed unto men's acts, staying and suspending the same, and making it uncertain whether they shall be or no: For a Condition is properly said to be, when any thing is referred to an incertain chance which may happen, or not happen. But we omitting curiously to search out the diverse significations and manifold divisions thereof, will in this place only touch some such Conditions as may concern Obligations & recognisances. A condition of an Obligation or recognisance is such an agreement of both the parties to the same as stayeth and delayeth th'effect thereof, until the condition happen to be fulfilled, and is of sundry forms. But first we will handle such as concern payment of money, or delivery of goods, or other things. ¶ A Condition to pay a sum of money at a certain day. THe condition of this Obligation is such, that if the within bounden Sect. 111. A. B. his h●irs, executors, or administrators, or any of them, do well & truly pay, or cause to be paid unto the within named C. D. or his certain Attorney, executors or administrators, or some of them x. li. of lawful English money upon the first day of October next ensuing the date hereof, at, or in the South porch of the parish Church of R. in the said county of Y. That then this present Obligation to be utterly void and of none effect, or else to stand, remain and be of full force, strength, power and virtue. Note that such Conditions as be subscribed or written under the Obligations upon the same side of the parchment or paper that the obligation be written upon, are commonly called conditions, but such as be endorsed or written on the other side thereof are called indorsements: and then is the same made in this sort. THe Condition of the within written obligation is such, that if y● within bounden A. B. etc. to the within named C. D. etc. as next above. ¶ A Condition of a Recognisance for the payment of money at two days. THe Condition of this Recognisance is such, that if the above Sect. 112. bounden H. G. his heirs, executors, administrators or assigns or any of them, do well and truly pay or cause to be paid to the above named W. C. his executors or assigns or any of them, at, or within the mesuage or mansion house commonly called N. the place wherein M. A. widow now dwelleth, situate and being in Saint Martins le grand within the city of London the sum of x. li. of lawful English money in manner & form following: That is to say, on the x. day of N. next coming after the date above written, at the place aforesaid, between the hours of eight of the clock of the forenoon of the same day, & five of the clock of the afternoon of the same day, v. li. of lawful English money, and in the tenth day of February than next following, at the place aforesaid, and between the hours aforesaid other v. li. That then this Recognisance to be voided and of none effect. And if default be made in payment of the same x. li. or any part thereof, contrary to the order & form aforesaid, Than this present Recognisance to stand, remain, continued & be in full force, strength & virtue. ¶ A Condition to pay money and deliver wool, THe Condition etc. that if the within bounden R. S. his etc. do well Sect. 113. & truly content & pay, or cause etc. unto the within named R. G. at etc. the sum of x. li. of good etc. at the feast of etc. And also do well and truly deliver or cause to be delivered unto the said R. etc. at the place aforesaid, on this side the said feast of etc. or within four days next ensuing after the said feast xl. stone of good, merchantable & perfect fleece will without tar or locks, being well, clean, and sufficiently washed and perfectly dried, That then etc. ¶ A Condition for the farm of Kine, and redelivery of them or money. THe Condition etc. That where the within named A. C. hath Sect. 114. let to farm to the within bounden C. B. three milk Kine for the term of seven years next ensuing after the feast of etc. if the said C. B. his heirs, executors or administrators, do well and truly content and pay, or cause to be contented & paid unto the said A. C. his executors or assigns x. s. viii. d. of good English money yearly, and every year during the said term, for the farm of the said three milk Kine. And also in the end of the said term, do deliver or pay, or cause to be delivered or paid unto the said A. C. his executors or assigns, three good and able milk kine, or else the sum of etc. for and in consideration of the said three milk kine so demised, at the election of the said A. C. his executors or assigns, That then etc. ¶ A Condition to redeliver sheep or money, and the farm. THe Condition of this obligation is such, that where the within Sect. 115. named T. W. hath let to farm, and delivered into the hands and possession of the within bounden E. O. xl. good and sound Ewes, to have, hold, and to take the whole commodities and profits of the said xl. Ewes, from the feast of etc. last passed before the date hereof, for & during the whole time and term of five years from thence then next following, and fully to be ended, if the said E. his heirs, executors, administrators, or assigns do content and pay, or cause to be contented, and paid unto the said T. his executors or assigns xxx. s. of etc. at the feast of etc. next coming, and so forth yearly, and every year at the same feast etc. xxx. s. for the yearly farm of the said sheep during the whole term of the said v. years. And also at the same feast of etc. at the end of the said v. years, which shall be in the year of our Lord God 1594. do deliver or cause to be delivered unto the same T. or to his certain Attorney, executors or assigns xl. sufficient and good Ewes whole and sound, or else in recompense of the aforesaid sheep x. li. of lawful etc. the said sum of money or sheep to be received and taken at the election and free choice of the said T. his executors or assigns, That then etc. ¶ A Condition to pay money, or knowledge a Statute Staple. THe Condition etc. that if the within bounden W. A. his executors Sect. 116. or assigns on this side the feast of S. within written, do well and truly content and pay, or cause to be paid unto the within named R. S. his executors or assigns C. li. of etc. at one whole and entire payment. Or else if the said W. A. on this side the said feast of S. shall by a certain obligation or recognizance of the nature of a statute of the Staple ordained & provided for the recovery of debts sufficiently recognise and knowledge before the chief justice of the Queen's Court of the pleas of her Crown to be holden, or before her highness chief justice of her Court of common pleas at Westminster in the County of Mid,, himself to own unto the said R. his heirs, executors, or assigns, one C. pounds of etc. to be paid unto the said R. or his certain Attorney, his executors or assigns, at the feast of thannunciation of the blessed virgin Marie, which shall be in the year of our Lord God 1593. That then etc. ¶ A Condition to pay Money by a day, or else to yield to an arrest. THe Condition etc. that if one I W. of R. shall in the feast day of Sect. 117. etc. which shallbe in the year of etc. well and truly content & pay, or cause to be contented & paid to the within named E. C. his executors or assigns iiii. li. of etc. according to the tenor of a certain writing obligatory, bearing date etc. wherein the same I. standeth bound to the said E. C. or else if the said I W. shall in the said feast day of etc. in proper person come & repair unto the Guildhall of the City of N. and there shall remain from x. of the clock &c. until xii. of the clock at noon of the foresaid feast day, ready to yield himself to be arrested to answer unto such action & actions as shall be commenced against him at the suit of the said E. upon the foresaid writing obligatory, That then etc. ¶ A Condition to pay money for a Chain of gold upon descent of lands to his wife. THe Condition etc. That where the within named I. C. hath given Sect. 118. to the within bounden T. H. on Chain of gold, if the said T. H. his executors or administrators, in consideration and recompense of the said Chain, within one month next after any of the lands, tenements, or hereditaments, which late were the inheritance of one W. C. shall in the life of the said T. H. remain, descend, revert, or come to A. now wife of the said T. H. by right of inheritance, or as heir to the said W. C. do pay or cause to be paid to the said I. C. the sum of xl. li. of good etc. That then etc. ¶ A Condition to pay after eviction. THe Condition etc. That where the above bounden I A. hath Sect. 119. lately bargained, granted, & sold unto thaboveabove bounden R. C. & to his heirs for ever, all that mesuage & a garden thereunto adjoining, and an other garden late etc. and a field called the Has garden, and a meadow, & a croft called C. E. and other hereditaments in T. above named, for the sum of etc. of lawful money etc. as in a pair of Indentures thereof made between the said parties bearing the date hereof plainly appeareth, If therefore the said mesuage, lands, tenements, and other the premises, or any parcel thereof be, at any time or times hereafter, lawfully evicted, devested, or taken away from the possession of the said R. his heirs, executors, or assigns, without any covin, deceit, or fraud, and after notice of such said eviction or taking away thereof made to the said I. his heirs, executors, or administrators, at the parish Church of B. aforesaid by the said R. his heirs, executors, administrators, or assigns, then if the said I. his heirs, executors, or administrators, within one quarter of a year next after such notice given, do well and truly content & pay, or cause to be contented and paid unto the said R. his heirs, executors, or assigns, at the Fontsto●e in the Cathedral Church of Saint Paul in London, the sum of etc. of lawful money etc. or as much of the etc. as the part or parcel of the said mesuage, lands, tenements, or hereditaments, as aforesaid, so lawfully evicted or taken away is now worth, after the rate of the foresaid bargain or purchase, That then etc. ¶ A Condition to pay money after return from I. etc. THe Condition etc. That if the within bounden T. T. his executors Sect. 120. or assigns, or any of them, do pay or cause to be paid to the within named W. C. his executors or assigns, or to any of them, the sum of etc., of lawful etc. at one entire payment within one month next after the return of the said W. from R. in the parts of Italy into England, and true notice thereof given by the said W. C. to the same T. T. That then etc. ¶ A Condition to pay money at his return from etc. THe Condition of this Obligation is such, that whereas the within Sect. 121. named D. S. is now minded to travel personally to the City or town of I. in the province or country, sometime called I. or to the place where the said City or town sometime was situate and steo●e: if therefore the within bounden A. B. his heirs, executors, administrators or assigns, or any of them shall well and truly content, satisfy or pay, or cause to be contented, satisfied or paid, unto the abovesaid D. S. his executors, administrators or assigns, the sum etc. of lawf●ll etc. within etc. next after & ensuing the day of the return of the said D. S. into the Realm of England, from the said place, and have lawfully proved, showed and declared or published unto the said A. B. his executors etc. by certificate or testimonial under the seal of the said Eitie or Town● of I● or of the next City, town, or place having & common seal, unto the place where the said City or town of I. was situate & stood, or under the seal of the state of the city of Venice in I or by other sufficient or true proves that the said D. S. hath been personally at the said city or town of I. or at the place where the same town or city sometime was situate and builded. That then etc. ¶ A Condition to pay money at his return, marriage or death. THe Condition etc. that where the within named N. S. hath bargained Sect. 122. & sold to the within bounden H. B. one Gold ring for the sum of iii li. of good etc. if therefore the said H. his heirs etc. do well & truly pay or cause etc. unto the said N. S. his executors or assigns the said three li. in manner & form following: viz. at, & upon the day of the coming or arrival of the said N. into I. from the city of R. or within x. days next after the said arri●●ll, or ●●, & ●po● the day of the celebration of the marriage of the said N. S. or at, or upon the day of the decease of the said N. viz. at the first of the said ●●●ies or terms which shall next happen to come to pass, That then etc. ¶ A Condition to pay money, until, and at Marriage, or after death. THe Condition of this obligation is such that if the within 〈…〉 Sect. 123. E. P. etc. shall well and truly content & pay, or cause &c. to 〈…〉 daughter of the within named I. S. or her assigns xx. s. sterling, yearly and every year at the feast of etc. until the day of the marriage of the said E. the first payment thereof to begin at the feast of E. within written. And also shall truly content and pay, or cause to be contented and paid to the said E. other assigns xl. li. of etc. at, & upon the day of the marriage of the said E. And if it shall fortune the said E. to departed this world before she shall be married, then if the said E. P. high heirs etc. or one of them shall truly content and pay, or cause to be contented and paid to the said I. S. his executors or assigns, the said sum of xl. li. within one mon●th next after the decease of the said E. That then etc. ¶ A Condition to pay children's parts. THe Condition of this obligation is such, that if the above bounden Sect. 124. R. Y. his heirs, executors, administrators, or any of them pay and deliver, or cause to be paid & delivered unto the above named W. E. M. & A. natural children of the above named N. late of R. aforesaid, their late father deceased, their several filial portions or child's parts, of the goods and chattels of their said late father, according to the Inucutor it thereof. And also account & tender unto them of all other their rights due unto them, or to any of them by virtue of the last will and testament of their said father when they come to lawful age of xx. years, or be married, or require the same. And also honestly according to their degrees educate & bring up the said children during the time of their nonage, with meat, drink, apparel, and learning. And if it fortune any of the said children to die before they come to lawful age, or be married, as is aforesaid, Thou if the said R. Y. do content and pay the portion and other rights of such of him, her or them so dying to whom the law shall appoint the same to be paid, and which of right aught to have the same. And also save and keep harmless the above named reverend father in God. Master W. I Commissatie a ●●ue sa●●, and all other his officers and ministers against all men by reas●n of the premises. That then etc. ¶ A Condition to pay a rent. THe Condition of etc. that where the within bounden A. B. hath Sect. 125. lately taken in farm for the term of vi▪ years, of the within named C. D. one tenement set & lying in the town of W. etc. for the rent of xl. s. yearly to be paid, as in a pair of Indentures thereof made, 〈…〉 da●e is &c. plainly appeareth: That if the said A. B. or his executors well and truly pay or cause to be paid to the said E. D. his heirs and assigns, the foresaid yearly rent of xl. s. at the days and terms accustomed, according to the tenor and effect of the said Indenture etc. That then etc. ¶ A Condition to pay an Annuity, and not to su● a Replegiarie etc. THe Condition of etc. that where the within bounden I P. by his Sect. 126. deed indented, bearing the date of this obligation, hath given & granted to the within named B. one annuity or annual rent of x. l. of lawful money of England, to be yearly paid, as in the said deed indented plainly appeareth. If therefore the said I. P. his heirs, executors or assigns, do well and truly content and pay, or cause to be contented or paid, the said annuity or annual rent, without suing any Deliverance or Replegiare, for any beasts, goods, or cattles, at any times hereafter to be distrained for the same rent, or for any part thereof, and without making any rescous of any distress, or distresses, thereof to be taken, and without any manner of encloser, denier, forstalling, or other disturbance or interruption of the said I P. his heirs, executors, or assigns, or of any other person or persons by his or their procurement, assent, or agreement. That then etc. ¶ A Condition to repay money received with a Apprentice. THe Condition etc. That where one E. S. son to the within named Sect. 127. T. S. by his Indenture of apprenticehood, bearing the date hereof, hath put himself apprentice to the within named S. after the manner of his apprentice to dwell with, and serve him, from the feast of S. Thomas th'apostle last passed before the date of these presents, until the end and term of eight years thence next ensuing, and fully to be complete and ended, as by the same Indenture more plainly appeareth. And where also the said T. S. the day of the date hereof hath paid and delivered unto T. S. the sum of xxx. pound of etc. to occupy and employ the same to his own use, during the said term of eight years, if the said T. & E. so long do live, & the said E. do so long dwell with him the said T. S. And where also the said T. S. by Obligation bearing date etc. hereof standeth bound to the said T. S. for the payment of xx pound of etc. to be paid to the said T. S. his heirs, executors, or assigns, the x. day of etc. next coming after the date hereof, as by the fame Obligation more plainly appeareth, to the intent that he the same T. may employ the same to his own use during the said term, if the said E. and T. do both so long live, and the same E. so long abide with the said T. Therefore if it fortune the said T. S. or the said E. or either of them to die or decease within the said term of eight years, or if the said E. within the same term of eight years, shall happen to be set over to any other person or persons to serve out his years, or such part of the said term as he shall then have to serve, or if the same E. do depart from the service of the said T. his said master during the said term, or if the said term shallbe expired: Than if the said T. S. his executors, administrators, or assigns, within thirty days next ensuing after such decease of the said T. S. or E. or from the setting over of the same E. or the departure of the same E. out of the service of the said T. S. as is aforesaid, or the expiration of the said term of eight years, which of them shall first chance to come or be after the date hereof, do well and truly pay, or cause to be paid to the said T. S. his executors or assigns, as well the said sum of xxx. pound, as also the said sum of xx. li. of etc. without fraud, covin, or deceit, That then etc. ¶ A Condition to deliver Faggots. THe Condition etc. That if the within bounden F. N. his etc. do Sect. 128. well and truly deliver, or cause to be etc. one thousand Faggots of wood of Oak, Ash, or Elm, of able good stuff, after the rate often hundred to the thousand, & sire score four faggots to every hundred, every faggot to contline in length four foot and a half at the lest, and one yard within the hand, and to be well made, and full and sufficiently filled and bound, at, or on this side the feast of etc. at the mansion house etc. That then etc. ¶ A Condition to pill and fell wood, make and deliver Faggots. THe condition etc. That where the within bounden I C. the day of Sect. 129. the date within written, for a certain sum of money to him by the within named E. M. at the insealing of these presents, well and truly paid, whereof the said I C. knowledgeth himself to be satisfied and contented, hath bargained and sold to the said E. M. all those his ten Oaks, now standing and growing in little M. in the county of N. in a certain wood, the parcel of a tenement there called C. as the said ten Oaks be already marked, out of the said C. to be felled by the ground in barking time, The bark to be peeled from them, and the tops of the said ten Oaks to be made into Faggot wood, called half hundred wood, and other blocks meet for the fire, to be delivered to the said E. M. his executors or assigns, at the mansion house of the said E. within the City of N. at the costs and charges of the said I C. his executors or assigns, before the feast of P. etc. Therefore if the said I C. his executors or assigns, at his or their proper costs and charges, before the said feast of P. etc. shall fallen, or cause to be felled hard by the ground in barking time the said ten Okes, and shall pill the bark from them to the most advantage of the said G. his executors or assigns, and make or cause to be made all and singular the tops of the said ten Oaks into good and sufficient faggot wood, called half hundred wood, and other blocks meet for the fire. And over that, if the said I C. his executors or assigns, at his or their like proper costs and charges, before the said feast of P. shall deliver, or cause to be delivered to the said E. M. his executors or assigns, at the mansion house of the said E. within the City of N. aswell all and singular the bodies of the said ten Oaks, and every of them, with the bark from them to be peeled, as also all and singular the said faggot wood, called half hundred wood, & other blocks coming and arising of the tops of the said ten Oaks, and every of them, That then etc. ¶ A Condition to deliver Cod fish. THe Condition etc. That where the within bounden T. B. hath Sect. 130. bargained and sold unto the within named W. K. one thousand Cod fish, commonly called Iseland Cod fish, good and merchantable, and well and sufficiently salted and dried, to be elected & chosen out of the fish that shall be brought from Iseland, in any of the three ships of the said T. B. which be called by any of these names, viz. etc. to be cast out after the use and order in that behalf used: that is to say, all skins etc. And a hundred of that worst Cod fishes to be cast out of the thousand, over and beside the thousand remaining. If therefore the said T. B. his executors, administrators, or assigns, at or on this side the feast of Saint B. th'apostle within written, do well & truly deliver, or cause to be delivered unto the said W. K. his executors or assigns at a certain place, called etc. one thousand Cod fish, of good stuff and merchantable, well and sufficiently saked & dried, to be chosen out of any of the aforesaid Fish, or out of the said three Ships by the said W. his executors or assigns, and to be cast out after the order above prescribed, according to such manner and use, as in that behalf is used amongst Fishermen or Mariners, and according to the true meaning hereof, That then etc. ¶ A Condition to deliver a last of Salmon. THe Condition etc. That where the within bounden W. W. the Sect. 131. day of the date within written, hath bargained and sold to the within named H. H. one last of Salmon, accounting twelve barrels for a last, good, salt, sweet and merchantable, to be truly packed in barrels of Assize of the great bound, for the which last of Salmon the said H. knowledgeth himself truly to be satisfied, contented & paid, if the said W. W. his executors or assigns, well and truly without any delay, deliver or cause to be delivered to the said H. H. or to his assigns, by the feast of S. Peter within written, the said last of Salmon, good, salt, read, sweet, and merchantable, frank and free at London, That then etc. ¶ A Condition to deliver Oils. THe Condition of this Obligation is such, that if the within bound Sect. 132. I. at any time before the feast of S. Michael tharchangelarchangel next coming after the date etc. deliver or cause to be delivered unto the within named W. R. his executors, administrators, or assigns, at, or in the now mansion house of the said W. R. situate in the said City of L. ten tons of Oil, Civil, good, sweet, merchantable, full and well bound accordingly, That then etc. ¶ A Condition to deliver Lead. THe Condition etc. That if the above bounden I H. his executors Sect. 133. or assigns, do well and truly deliver, or cause to be delivered to the above named F. R. his executors or assigns, upon the second day of May next ensuing the date hereof, than foothers of good, pure, and marchandizeable bowl Led of the weight commonly called the bowl weight, most commonly used within the County of Derby, that is, after the rate & weight of thirty foot to the foother, every foot to contain sire stone, and every stone to contain fourteen pounds, at his Boole hill at Hardwick in the said County of D. where commonly he used to burn his lead, That then etc. ¶ A Condition to deliver Salt, or to pay money. THe Condition etc. That if the within bound R. & I. their etc. shall Sect. 134. deliver to the within named A. R. his etc. viii. score weighs of Bay salt, good, & merchantable, after the rate of twenty one for twenty, or if the said R. or I. their heirs or executors, do not deliver, or cause to be delivered to the foresaid A. and R. etc. before the said feast of All Saints, the said eight score weighs of Salt, in manner & form aforesaid: Than if the said R. and I. their heirs or executors pay to the above named A. R. etc. for and in consideration of the said eight score weighs of bay Salt, in the feast of etc. three score pounds of etc. That then etc. ¶ A Condition to redeliver Plate lent. THe Condition etc. That whereas the above named W. W. hath lent Sect. 135. and delivered unto the above bounden 1 P. certain parcels of Silver plate hereafter mentioned, weighing 228. ounces and a half of Haberdepois weight, of the value of 68 l. and 11. s. of lawful English money, after the rate of 6. s. for every ounce of the same weight as particularly hereafter followeth: That is to say, One livery Can guilt, weighing 44. ounces and a half, one other livery Can guilt weighing 42. ounces and a half, one other drinking Can etc. If therefore the said I. P. his executors or administrators, or any of them do within ten days next ensuing the date hereof well & truly redeliver, or cause to be redelivered unto the said W. W. or his certain attorney, executors, or administrators, or some of them, in the Hall of etc. All the same parcels of Plate, in such and so good plight, manner and form in all respects as he the said I P. or any other person or persons, for him, or to his use, or by his appointment, hath or shallreceive the same, That then etc. ¶ A Condition to deliver Corne. THe Condition etc. That if the within bounden I S. well & truly Sect. 136. deliver, or cause to be delivered unto the within named I. M. his &. twenty quarters of Wheat, white and read, sweet, claine, dry, and merchantable with the best, on this side the feast of etc. That then etc. ¶ A Condition for the delivery of Corne. THe condition of this obligation is such, That if the within bound Sect. 137 I D. his executors or administrators, do well & truly deliver, or cause to be delivered to the within named B. G. his certain attorney or executors, at the mansion house of the said B. G. within the City of N. ten Combs of Rye, able, good stuff merchantable, fair, clean and by a lawful bushel measured, and also ten combs of Malt like stuff, merchantable, clean fined, and by a lawful bushel measured, after the accustomed measure in the said City of N in manner and from following: that is to say. On this side the feast of the Nativity of our Lord God the said ten combs of Rye. And on this side the feast of E. then next following the said ten combs of Malt, after the rate and measure aforesaid, That then etc. ¶ A Condition to deliver Coals. THe Condition etc. do deliver, or cause etc. T. C. his etc. at a certain Sect. 138. place in the ward of C. within the City of L. commonly called & known by the name of the common Wharfe, twenty Chalders of coals, commonly called New castle or Sea coals, well and truly measured, and as good, great, & large measure, as is commonly made and delivered at the key side in great Yarmouth, of very good, able stuff, and merchantable with the best, on this side the feast of etc. That then etc. ¶ A Condition to carry Coals. THe condition etc. That if the above bounden T. C. his executors Sect. 139. or administrators, or any of them, at his & their only proper costs and charges, do lead, carry, bring, and deliver, or cause to be led, carried, brought, and delivered to the said W. W. his executors etc. forty good and sufficient wain loads of Sea coals, every load thereof containing one whole rucke of Coals, or more, from the coal pints, commonly called K. coal pits, in the Lordship of K. aforesaid, to the now dwelling house of the said W. W. in K. aforesaid, at the several times hereafter expressed: That is to say, ten loads of the said forty loads parcel, before the feast of Penticost next ensuing the date hereof, and other twenty loads of the said forty loads before the feast of Saint Michael th'archangel now next ensuing, and other six loads of the said forty loads, before the said feast of S. Michael th'archangel, which shall be in the year of our Lord 1597. And other sour loads of the said forty loads residue, before the said feast of S. Michael, which shall be in the year etc. That then etc. ¶ A Condition to seal an Obligation with a surety. THe condition of this obligation is such, that if the within bounden Sect. 140. T. S. his heirs, executors, or administrators, and one other good, able, and sufficient person with the said T. S. on this side the feast of etc. do seal, and as their deeds sufficient in the law, deliver unto the within named I. C. his executors or assigns, one good, lawful, and sufficient writing obligatory in the law, wherein the said T. S. and the other good, able, and sufficient person, and their heirs, executors, and administrators, and every of them, shall be and stand bound jointly and severally unto the said I. C. his executors & administrators, in the sum of one hundred Marks of good English money, endorsed with condition in due order and form of law, for the true payment of xl. pound of like money to be paid unto the said I. C. his executors or assigns, in manner and form following: that is to say, at the feast of etc. x. l. at the feast of etc. then next ensuing ten pound, and so from thenceforth yearly, and every year than next and immediately following, at the feast of etc. ten pounds of like money, butill the said xl. pounds be fully satisfied and paid, That then etc. ¶ A Condition to 'cause one to seal an Obligation. THe Condition etc. That if the within bound I C. before the feast Sect. 141. of N. next coming after the date hereof, cause W. C. etc. to be bound by his writing obligatory sufficient in the law, and with his Seal insealed, unto the within named T. in xl. pound▪ of etc. to be paid the x. day of A. etc. And also before the same feast, 'cause the said W. to deliver the same Obligation for his deed unto I K. of H. to the use of the said T. That then etc. ¶ A Condition to release etc. THe Condition etc. That if the within bounden B. C. do cause I. M. Sect. 142. and E. his wife, before the feast of Easter next coming, at the costs and charges in the law of the said B. by their sufficient deed in the law, to release, remit, and quite claim to the within named C. D. etc. and their heirs, all their right, title, dower, and interest which the said I. M. & E. his wife, or either of them have, had, or may have, of, and in all such lands, tenements etc. That then etc. ¶ A Condition to make a jointure. THe Condition etc. that if the within bound W. R. etc. or his heirs, Sect. 143. at their own proper costs & charges, before the feast of E. next after the date within written, make or cause to be made unto A. B. etc. a good, sure, sufficient, and lawful estate in the law, of, and in all and singular those lands, tenements etc. with the appurtenances in the City of L. of the yearly value of x. pound etc. over & above all charges and reprises. To have and to hold all the said lands and tenements with the appurtenances unto the said A. B. etc. for term of the life of M. G. to the use of the same M. G. and to her assigns for term of her life, the which M. by the grace of God, shall marry and take to husband the said W. R. And also if the said W. R. after the said estate, of, and in the lands and tenements afore rehearsed, do suffer and cause to be done, all and every such thing and things, as shall be advised by the learned Counsel of the said A. B. C. D. etc. their heirs and executors, to make the foresaid state sure to the above named A. B. to the use of the same M. for term of her life, be it by recovery, fines, feoffements, release, confirmation, and deeds enrolled with warranty, or without warranty, or any of them, or otherwise, That then etc. ¶ A Condition to make an estate. THe Condition etc. That if the within bound C. W. or his heirs, Sect. 144. within sixteen days etc. do make & deliver, or cause to be made & delivered unto the within named T. H. and his heirs, a good, perfect, sure, and lawful estate in fee simple, of, and in three rods of free land in C. called R. to the only use of the said T. H. his heirs & assigns for ever. And also if the said W. or his assigns, shall not impair any of the premises, by felling of any wood or timber, or otherwise, before or after the making of the said estate, That then etc. ¶ A Condition to make a jointure. THe Condition etc. That where the within bounden I C. by the Sect. 145. grace of God, shall marry and take to wife C. E. daughter of the within named R. E. If therefore the said I. C. his heirs or assigns, within the term of one year next after the date within written, do convey and assure, or cause etc. unto the within named R. E. and N. E. or their heirs, so much lands, tenements, and hereditaments, lying in the County of N. as then at the assurance making, shall be, and so continued to be of the yearly value of etc. by year, over all charges and reprises. To have and to hold the said lands, tenements, and hereditaments unto the said R. E. and N. E. and their heirs, to the use of the said I C. and C. & their heirs for ever. And also if the said I C. or his heirs, within 6. years etc. shall purchase so much other lands and tenements, as shall amount to the value of 30. pounds of good etc. and shall make the like conveyance and assurance of them to the said R. and N. and their heirs, to the use aforesaid, That then etc. ¶ A Condition for further assurance. THe Condition etc. That where the within bounden W. R. for & Sect. 146. in consideration of a certain sum of money to him paid by the within named R. E. hath bargained and sold unto the said R. all that mesuage etc. with th'appurtenances, late etc. if A. E. of N. Mercer, and C. his wife, late daughter of the said R. M. and the heirs of them, & every of them, within the space of etc. shall do and suffer, or cause to be done and suffered, all and every thing etc. whatsoever, which shall be devised, advised, or required of the said W. his heirs or executors, by the said R. E. his heirs or assigns, or the learned counsel of the said R. his heirs or assigns, at the costs & charges in the law of the said R. his heirs or assigns, for the good & perfect conveying & assuring of all and singular the said messages and premises with thappurtenances, to be made sure and perfect to the said R. E. his heirs and assigns, to the only use of the said K. his heirs & assigns for ever, be it by fine, feoffment, deed, or Indenture, recovery with voucher or vouchers, confirmation, release with warranty, only against the said W. R. & his heirs, or by any other way or means whatsoever etc. And etc. As in Conditions to save harmless, That then etc. ¶ A Condition for making of a Lease. THe Condition etc. That if sir I. C. knight, his heirs or assigns, Sect. 147. before the feast of S. Michael th'archangel next ensuing the date hereof, cause or procure R. N. of etc. to surrender, cancel, and to make frustrate, one Indenture of Lease to him made by the said Sir I. of iiii. closes, lying etc. and of all other the grounds, tenements, & hereditaments, mentioned & expressed in the said Indenture of lease. And moreover, if the said Sir I. his heirs or assigns, do before the xx. day of Octob. next ensuing, make, seal, & deliver unto the above named R. C. his executors or assigns, one good & sufficient lease by Indenture of the said iiii. closes, & of all & singular other the lands, tenements, & hereditaments, contained in the said former Indenture of lease, for the term & space of xxi. years, to begin & take effect from the feast etc. with a clause of reservation of the yearly rent of xx. s. to be inserted in the said Indenture. The same lease, grounds, closes, & premises to be then discharged of all former leases, charges, bargains, & encumbrances, had, made, or done by the said sir I. his heirs & assigns. And lastly, if the said Sir I. his heirs & assigns, and every of them, do from time to time, & at all times after the said feast of S. Mich. the archangel, within the time & space of five years next ensuing the date hereof, execute, suffer, and make, or cause etc. all and every such further act and thing etc. That then etc. ¶ A Condition to perform an Exchange. THe Condition etc. That where the above bound H. B. hath given Sect. 148. & granted in exchange to the above named I B▪ all those etc. all which are contained & certainly expressed in one Indenture of the date of these presents, made between the said H. B. etc. as by the same more at large it appeareth. If therefore the said H. B. do not at any time hereàfter disagree from the same exchange, nor do not hereafter suffer to be done, any thing or act whereby the said exchange shall or may be made voided or frustrate: And further, do cause and procure all and every heir & heirs apparent of the said H. being of the full age of etc. to ratify, confirm, and make perfect for ever the said exchange within one etc. next after such heir or heirs apparent shall accomplish the said age, That then etc. ¶ A Condition to reinfeoff. THe Condition etc. That whereas the within named H. A. by his Sect. 149. deed of feoffment, hath given, granted, and confirmed and delivered unto the above bounden E. T. all that manor, capital mesuage ' tenements & farm, called or known by the name of D. with all and singular thappurtenances, and also all other the messages, lands, tenements, & hereditaments whatsoever, which now be, or late were accepted, reputed, used, known, or let, to, with, or as part, parcel, or member of the same manor, tenement, or farm, with the rentzes, reversions, and services to the same belonging or appertaining. And all those lands, tenements, & hereditaments in H. in the said County of E. To have and to hold to the same E. his heirs & assigns, as by the said deed of feoffment it may more plainly appear. If the said E. or his heirs, before the first day of etc. next ensuing the date hereof, shall make, or cause to be made, at the costs & charges in the law of the said H. A. such sure and lawful estate in fee simple, without condition or mortgage, to the only use of the said H. A. his heirs or assigns for ever, of and in the said manor, chief mesuage, tenement, farm, and all other the premises with their appurtenances, as is or shallbe devised or advised by the said H. his heirs or assigns, or by the Counsel learned of any of them. And also if the said manor, & all other the premises, and every part thereof, at the time of the said estate & other assurance thereof made, shallbe clearly exonerated and discharged of all former bargains, sales, charges, & encumbrances whatsoever, had, made, done, procured, or suffered to be done by the said E. T. (the title of Dower of S. the wife of the said E. only excepted) And also if the said E. T. and S. now his wife, and all and every other person and persons now having any right or title, in, or to the premises, by, or from the said E. T. from time to time, and at all times hereafter, within the space of two years next ensuing the date hereof, when and as often as they, or any of them shallbe thereunto reasonably required by the said H. his heirs or assigns, shall at the costs & charges in the law of the said H. A. his heirs or assigns, do, make, knowledge, and suffer to be done, all and every such act or acts, thing and things, for the more better and further assurance of the premises to be had and made sure to the said A. his heirs and assigns, as by the counsel learned of the said H. A. his heirs, executors or assigns, shallbe reasonably devised or advised, be it by fine, feoffment, release with warranty, or otherwise. And also if the said E. T. shall for ever hereafter acquit, discharge, and save harmless, aswell the said H. A. his heirs & assigns, as the premises, and every part thereof, for, and concerning such interest, dower, and title of dower, as the said S. now the wife of the said E. shall or may have, in, or to the premises, by or after the death of the said E. T. That then etc. ¶ A Condition to grant an Annuity THe Condition etc. That if the within bounden W. B. and F. B. Sect. 150. or one of them, or the heirs, executors, or administrators of any of them, on this side the feast etc. do duly & lawfully grant, convey and assure, or cause etc. unto one C. H. of etc. and M. his wife, by good & sufficient assurance in the law, one yearly rend or annuity of x. li. by the year, to be going & issuing out of the lands & tenements of the said W. B. and F. B. in C. etc. within the County of N. now being, & which hereafter for ever shall continued & be of the clear yearly value of xx. li of etc. over all charges & reprises, of which said lands & tenements the said W. and F. or one of them at the time of the said annuity granting and assuring, shallbe lawfully by good, lawful, & sure interest and title, soleseised in their demesne as of fee, to their own uses, without any condition or limitation which may altar or determine the same: The said rend or annuity to bepaid unto the said C. & M. his wife, or to one of them, & to the longer liver of either of them, at the feasts of etc. by even portions. To have, hold, receive, & enjoy the said annuity or annual rent of etc. unto the said C. and M. and their assigns, and to the longest liver of them at the feasts aforesaid, by even portions yearly & every year during the natural lives of the said E. & M. and the longer liver of either of them. And also if the said W. and F. or one of them at the said assurance making, shall have full power, right, & lawful authority, to convey and assure the said yearly rend or annuity to be issuing out of the said lands & tenements aforesaid, unto the said C. and M. his wife, & either of them, & the longer liver of them. And also if the said W. and F. or one of them at the said granting & assurance of the said annuity, shall & will thereby charge the said lands and tenements with a sufficient clause of distress, that if the said rend & annuity, or any part thereof, shallbe at any time behind when it aught to be paid: That then it shall and may be lawful unto the said C. & M. and every of them, and the longer liver of either of them, to enter in and upon the lands and tenements aforesaid and there to distrain, and the distress & distresses there so found, to take, lead, drive, chase, and carry away, and with them and either of them, and the longer liver of them, to withhold and detain, until the said C. and M. and the longer liver of them, shallbe of the said yearly annuity of xv. pound, & also of xl. s. in the name of a pain for every such default of payment, together with the arrearages thereof, if any shall happen to be, fully satisfied and paid. And also if the said W. and F. or one of them at the said granting and assuring of the said rend or annuity, as is aforesaid, shallbe and stand lawfully seized of the lands and tenements, whereof the said rend or annuity shallbe so issuing or limited to issue, as is aforesaid, in their demesne as of fee to their own uses, without any condition or limitation by good, lawful, sure, interest, and perfect right & title, discharged or saved harmless for ever, of, and from all manner charges & encumbrances, except the rents and services to be etc. and except the said rend or annuity, That then etc. ¶ A Condition to surrender Customary lands. THe Condition etc. is such, That where the within bounden I R Sect. 151. hath bargained and sold to the within named T. L. all that his mess with the difices, and four ●●tes and a half of arable land etc. with all their appurtenances etc. To have and to hold the said tenements & premises, to the said T. and to his heirs, at the will of the Lord and Lords of the manor whereof the same been holden, after the custom of the said manor or manors whereof they be parcel, if the same I. R. at the next Court or Courts to be holden at the same manor or manors; do surrender and yield into the hand of the Lord or Lords of the said manor for the time being, all his right etc. to the use of the said T. and his heirs, in such wise, as the same T. or his heirs shall and may be admitted tenants of the same, to hold the same to them and to their heirs at the will of the Lords aforesaid, after the custom of the said manors. And also if the said I. or his heirs, shall at all times hereafter discharge the premises of all former bargains, sales, jointures, dowries, rents, fines, forfeitures, pains, & amerciaments, and other charges, had, done, caused, or made, at any time or times before the said surrender, That then etc. ¶ A Condition to make a Boat. THe Condition etc. That if the above bounden I M. & I B. their Sect. 152. executors or assigns, or any of them, do, shall, and will well and truly work and make, or cause to be well & truly wrought & made, at the only proper costs and charges of the said I. and I. their executors or assigns, one good, sufficient, & perfect Boat called a Catch, to, and for the only proper use and behoof of the above named S. S. And the same Boat or Catch, do and shall work & make in greatness and goodness, both in length and breadth and burden, like unto a certain boat called a Catch of A. H. now already made & wrought. And the said boat or catch do and shall make broader in the bottom of the same, than the said boat or catch of the said A. H. now is by the quantity of one hand breadth, and do and shall work and make the same of good substantial, and seasonable timber wood, and all other stuff requisite and necessary for the making thereof, and of so good workmanship in all points and properties, and to all purposes and intents, as the said boat or catch of the said A. H. now is made and wrought of, without all covin, fraud, & deceit, & the said boat or catch well, sufficiently, & perfectly wrought & made, as is aforesaid, do and shall well & truly deliver or cause to be delivered before the xv. day of june etc. at M. in the said county of N. to the said S. S. his executors or assigns without further delay: So that the said S. S. his executors or assigns, or any of them do, at, and upon the delivery of the said boat or catch, well & perfectly wrought & made, as is aforesaid, content & pay, or cause to be contented and paid to the said I. M. & I B. their executors etc. the just and whole sum of vi. l. etc. That then etc. ¶ A Condition to make an estate of lands by fine. THe Condition etc. That where the above bounden W. P. hath Sect. 153 received of the within named R. L. the sum of etc. if the said W. P. and M. his wife, in consideration of the said sum of etc. before the feast of etc. do make a sufficient and lawful estate in the law in fee simple by fine in due form of law, to be levied at the costs and charges of the said R. L. to I L. and W. L. of, and in the lands & tenements in H. in the County of N. being of the inheritance of the said M. and of the yearly value of etc. to the intent that the said I L. & W. L: shall by the same fine, grant & tender again the same lands & tenements to the said W. P. & M. during their lives, without impeachment of waist, the remainder after the decease of the said W. & M. to E. the wife of the said R. L. and daughter of the said W. & M. for term of her life, & after the decease of the said E. the remainder to the said R. L. and to the heirs etc. And also if the said W. P. before the said feast of etc. make a lawful grant to the said R. L. of all his whole term and interest for years, which the said W. P. hath of the demise and lease of our Sovereign Lord the king, in the west grange lately belonging to etc. That then etc. ¶ A Condition to make reparations and fences. THe Condition etc. That where the above named T. H. hath and Sect. 154. holdeth, or hereafter shall have and hold one mesuage, xx. acres of arable land, and one acre of meadow, in L. and S. in the County of E. for certain years yet enduring, for a certain yearly rend, the remainder or reversion thereof belonging unto the said W. B. & A. his wife, & the heirs of the said W. B. as by a certain fine knowledged before sir E. A. knight, Lord chief justice of the common Pleas at Westm & other the Queen's majesties justices of the same bench of the same premises, for that purpose, in the same term of S. Trinity last passed, upon grant and tender, plainly appeareth. If therefore the said T. H. his executors, administrators, or assigns, & every of them, at his and their own proper costs and charges, shall at all times hereafter during the continuance of the said term of years, in the said fine expressed, well and sufficiently make, repair, sustain, maintain, and uphold, all the houses, edifices, walls, pales, hedges, fences, ditches, & watercourses, and buildings, in and upon and about the den●ised premises. And in the end of the same term leave the said houses & buildings so sufficiently repaired, sustained, maintained and upholden, and the ditches, watercourses, hedges, and fences, well and sufficiently amended; scoured and made. And also if the said T. H. his executors, administrators, or assigns, and every of them, shall during the term aforesaid, pay and bear all subsidies, outrents, tars, and all other charges whatsoever, issuing out, of, or: from the premises, or any part thereof, and thereof discharge & save harmless the said W. G. and his wife, and the heirs of the said W. That then etc. ¶ A Condition for the warranty of Woad, or any like thing THe Condition etc. That where the within bounden F. hath bargained Sect. 155. & sold, & delivered to the within named R. one thousand Bales of Tholou●e woad, of the marks of four knots every bale, and hath promised & warranted unto the same R. that every set of the same woad shall make, when it is set and proved, four pound etc. if it be so that every set of the same woad when it is set and proved, make the said warranty of iiii. pound sterling etc. Or if any set of the foresaid Woad (reckoning three hundred for a set) make not when it is set and proved the said warrant of iiii. pound sterling. And then if the foresaid F. from time to time, upon due knowledge thereof to him made and given by the foresaid R. or by his assigns, do well & truly deliver, or cause to be delivered to the said R. or to his certain Attorney, or to his executors, at the Bridge foot in the city of L. as much Tholouse woad of the goodness and warranty aforesaid, after xuj. s. sterling for every such hundred weight thereof, as shall lack in any set of the foresaid warranty of iiii. pound sterling. That then etc. ¶ A Condition to warrant the sale of a Ship. THe condition etc. That where the within bounden A. B. sold unto Sect. 156. the within named C. D. a certain Ship called the M. of C. & all manner of battle instruments, furnishments, & apparel of the same Ship with thappurtenances, for a certain sum of money between them accorded, as in a bill of sale thereof made plainly doth appear, if the said C. D. well and peaceably may have, hold, enjoy, and possess to him, his heirs & assigns, all the said ship, battle instruments, apparel, & appurtenances aforesaid, without contradiction, let, or disturbance of any person or persons, by reason of any lawful claim or interest in the same, before the date of these presents had or made, according to the tenor and effect of the said bill, That then etc. ¶ A Condition to enjoy lands quietly. THe Condition etc. That if the within named A. may have, hold, & Sect. 157. peaceably possess to him & to his heirs and assigns, for ever, all those five messages with thappurtenances, which sometime were the within bounden W. H. without any disturbance, let, interruption, eviction, expulsion, impleading, molesting, vexation or grief, either of, or by the said C. his heirs, or any other person or persons whatsoever, having or pretending any manner right, title, use, claim, or interest, of and in the said five messages, or any part or parcel of the same That then etc. ¶ A Condition peaceably to enjoy Corn or grass. THe Condition etc. That where the within bounden R. C. by his Sect. 158. writing indented, bearing date the day of the date hereof, amongst other things hath bargained and sold unto the within named I. C. all his Barley growing upon xx. acres of land, parcel of the manor late of C. And the Pease and Fitches growing upou etc. parcel of the said manor, and the grass growing upon all the meadow grounds belonging to the said manor, & the Hemp growing upon two hemp lands parcel of the said manor, containing by etc. as by the said writing indented more evidently appeareth, If the said I. C. his executors and assigns, shall or may peaceably & quietly fell, carry away, have, hold and enjoy, to him, his executors & assigns for ever, all the said corn, grass, and hemp, without any lawful let, interruption, disturbance, trouble, or vexation of any person or persons, That then etc. ¶ A Condition peaceably to enjoy lands. THe Condition etc. That where the within bounden. T. S. & M. Sect. 159. his wife, by their deed of feoffment indented, bearing date etc. have executed and made an estate unto the within named W. F. and E. his wife, of a certain tenement, and the moiety of a well in N. in the etc. as by the same deed it doth and may appear, if the said W. & E. and the heirs & assigns of the said W. shall & may for ever hereafter, have, hold, and enjoy all & singular the premises, and every part thereof, according to the tenor, form, and effect of the same deed indented, discharged, or otherwise saved harmless for ever, of, & from all manner of charges, troubles, and encumbrances, had, made, done, or suffered by the said T. and M. or either of them, the rent and services from thenceforth to be due or payable for the premises, or any part thereof, to the chief Lord or Lords, etc. ¶ A Condition to suffer one to enjoy lands recovered. THe condition etc. That if the within bounden Sir W. P. his executors, Sect. 160. administrators, & assigns, & every of them, do permit & suffer the within named S. N. his heirs, executors, administrators, farmers, tenants, & assigns & every of them peaceably & quietly to have, hold, occupy and enjoy without let, disturbance, veration or interruption of the said S. W. P. his etc. the manor of C. now in the tenure and occupation of the said S. N. and which lately belonged to the Chantry, Provestry or College of C. in the said county, & which one I C. gentleman lately recovered amongst other lands and tenements by a writ of entre sur disseisin en le post against E. A. Clarke, late Provost of the said chantry, Provestrie, or college of C. aforesaid according to the true meaning, effect, & intent of a pair of Indentures of award indented made between the right honourable S. T. A. knight and S. E. M. K. bearing date etc. And also if the said W. P. do yearly for ever acquit & discharge the said S. N. & his heirs of and from all such tenths as shallbe paiable and demanded on the behalf of our said Sovereign Lady and her successors, of, in, or for the said Manor, lands, and tenements, that then this etc. ¶ A Condition to save harmless. THe Condition etc. that where the within bounden W. D. hath Sect. 161. bargained & sold to the within named I. T. all those his messages, lands, tenements, & hereditaments, both freehold and copyhold in H. L. C. and K. in the county of N. which W. D. deceased Father to the said W. or any other to his use were seized of, as by an Indenture made thereof, bearing date etc. more plainly it doth & may appear, If the within bounden D. his heirs, executors & assigns shall from henceforth, from time to time acquit, discharge or save harmless aswell the said lands, tenements, and hereditaments, and every parcel thereof both freehold and copyhold, as also the said I. T. his heirs and assigns against I. the late wife of the said W. D. deceased, and against all other persons, of, and for the dower, title, estate and interest of dower which the said I. the late wife of the said W. D. deceased hath or is entitled or aught to have of, in, and to the said lands and tenements, and all other the premises or any parcel thereof, that then etc. ¶ A Condition that lands be discharged etc. THe Condition etc. That whereas the within bounden T. D. by Sect. 162. his deed indented, bearing date etc. hath made & executed an estate unto the within named L. W. of and in four tenements with their appurtenances lying in N. etc. under a certain condition in the said deed expressed, as by the same deed at large doth & may appear: If therefore the said four tenements with all their appurtenances at the time of the said estate and feoffment making, were clearly discharged of all former bargains, sales, titles, dowers, jointures, statutes merchants and of the staple, annuities, leases, and of all other troubles, charges & encumbrances whatsoever they be: the said condition, and the rents and services to be due, and going out of the premises to the chief Lord of the fee of the same only except. And also if the said T. D. and E. now his wife, upon the default of payment of any sum or sums of money in the said deed of feoffment contained, shall make or cause to be made to the use of the said L. W. his heirs and assigns, such further, good & sufficient assurance, of, & in the premises, & every part & parcel thereof, as shall be from time to time further devised or required by the said L. W. his heirs or assigns, or by his or their learned counsel, at the costs and charges in the law of the said L. W. or his heirs or assigns, That then etc. ¶ A Condition to defend the title of lands lately recovered and to pay costs expended about the same. THe condition etc. That where the within bounden S. W. W. & Sect. 163. E. D. lately recovered the manor of E. and divers other lands and tenements in E. aforesaid by a common writ of Entre in the post against the above named E. T. & G. T. which recovery was had to the use of the said G. T. for term of his life without impeachment of waist, & after his decease to the use of the abovenamed E. T. for term of his life, if the said S. W. W. and E. D. their executor's administrators and assigns, and every of them do hereafter at their costs and charges in the law lawfully defend the said E. T. and G. T. against all such persons as hereafter shall make any lawful entry, in, or to the said manors, lands, and tenements, or that shall commence any action, bill or plaint against the said E. T. and G. their tenants, farmers or servants concerning the occupation, title, or interest of the said E. and also if the said S. W. W. and E. D. their executors and assigns do hereafter truly content and pay to the said E. & G. their executors and assigns, all such lawful costs & charges as they hereafter shall happen to beslow & spend, in, and about the defence of th●● interest and title which they have in, and to the said manors, lands & tenements, That then etc. ¶ A Condition to pay money for marriage. THe Condition etc. that if the within bounden E. H. T. H. & W. Sect. 164. A. or one of them, their heirs, etc. or any of them, do well & truly content and pay or cause to be contented or paid to the receiver general of the Q. majesties court of Wards and liveries, or to his lawful deputy for the time being to her highness use, at all feasts of etc. which shall be in the year of our L. God etc. the sum of etc. in part of payment of etc. for the fine of licence of marriage of E. H. late wife of T. H. esquire deceased, That then etc. ¶ A Condition to bequeath goods to a wife. THe Condition etc. that if the within bound W. C. shall give, bequeath Sect. 165. and appoint by his last will & testament, unto A. S. whom the said W. C. intendeth to take to wife, if it please God to spare him life, so much of his proper goods & cattles as shall extend & be worth one C. marks. And that the said A. & her executors after the decease of the said W. C. shall & may quietly have, enjoy, and possess the same goods and cattles according to the same last will and testament without let or interruption of the executors or administrators of the said W. C. or of any other person or persons, That then etc. ¶ A Condition to get the assent and counsel of the court of wards to let certain lands. THe Condition etc. that whereas the same I. B. by virtue of a lease Sect. 166. to him made out of the court of wards & liveries, under the seal of the same court is at this present time possessor, for, and during the minority of T. H. the Queen's majesties ward, of, and in one great, large & capital mese farm or tenement in W. aforesaid, and of divers pastures, closes, lands and tenements in W. aforesaid of the yearly rent of etc. of the inheritance of the said D. H. whose committee thereof I W. now is, In which lease there is a proviso or a condition that he the said I B. shall ne may without the special licence of the counsel of the said court of Wards and liveries, alien, bargain, or cell his said interest and term, of, and in the said, premises to any person or persons under pain of forfeiture of the said interest. If therefore the said I. B. at, or before the day of etc. next ensuing the date above written, do procure and lawfully get and obtain the good wills and assents of the counsel of the said Court of Wards and liveries, for to alien, give, and grant his said interest and estate of M. and to the said capital mese and premises to the said I. W. and his assigns, and at, or before the same day of etc. assure and lawfully convey the same his interest and estate of & in the said premises, together with the deed of the lease thereof to the said I. W. & to his use discharged, of, and from all former bargains, sales, charges, and encumbrances whatsoever, by him the said I B. or by his consent or means done, suffered or procured, & also, at, or before the said day of etc. deliver or cause to be delivered to the use of the said I W. his executors or assigns the said deed or Indenture of the said lease. That then etc. ¶ A Condition for the occupying of two boats and certain nets. THe Condition etc. that where the within bounden H. H. and the Sect. 167. within named I. W. are proper owners of one boat called the A. of the burden or weight of vi. tun or thereabouts with the sails, tackle, cables, and anchors, and other apparel and furniture to the same boat belonging, and also of lxii. herring nets and mackrel nets, and whereas also the said H. & I. are likewise owners of three parts of one other boat in four divided called the M. of the burden of C. tun with three parts of all manner of cables, tackle, cabels, and anchors, and all other furniture and apparel to the same boat called the M. belonging etc. And whereas also the said I. W. is proper owner of one net called a set net with two. anchors, and other necessaries thereunto belonging, which boats and nets, by the consent of both the said owners are put to the use of the said H. H. for the affairs and viages of fishings called herrings fair, and mackrel fair, to be made from time to time, as well for the benefit and commodity of the said I. as for the commodity of the said H. H. Now if the said H. H. his executors etc. do at all times hereafter without fraud or guile make a just accosit, & true and perfect reckoning, to the said I. his executors etc. of, for, & concerning the benefits, profits and commodities of every voyage called herring and mackrel fair, from time to time when he shall be hereunto lawfully required, and do yield and pay unto the said I. his executors etc. the moiety of every such profits and commodities had & made of every such viages without fraud or collusion, and shall be answerable to the said I. his executors etc. for the moiety of the said boats, nets, and apparel when he shall be thereunto lawfully required, except always the misfortune, and casualties of the Sea to be at the adventure of the said I That then etc. ¶ A Condition to purchase and cell. THe Condition etc. That if the within bounden T. C. at any time Sect. 168. hereafter do buy or purchase to him and his heirs for ever, the manor of C. with the appurtena●●●● in ● within written, then if the said C. at the request of the within named I. D. bargain & sell, give, grant, and lawfully assure to the within named I. and to his heirs for ever, one parcel of land containing by estimation 3. arres parcel of the said manor for so much money, & as good cheap as the said T. doth buy the same parcel of three acres, after the rate of the purchase of the said whole manor and not otherwise, so that the money be paid to the said T. at the time of the said bargain or estate thereof to be made without any fraud or deceit, That then etc. ¶ A Condition not to purchase an appeals. THe condition etc. that if the above bounden A. V nor any for her Sect. 169. or in her name to her knowledge, or by her means, advice, consent or procurement, do from henceforth willingly commence, prefer, prosecute or follow ●●y inditement, appeal, or any other action or suit, neither voluntarily give, or procure to be● given any evidence or proof against etc. nor against any of them, for or concerning the death or killing of W. V late husband to the said A. V nor willingly do or cause to be done any act or thing whatsoever, for the further suing or inditing of etc. for or concerning the death or killing of the said W. V That then etc. ¶ A Condition ●●t to prosecute ●y action in the spiritual Court. THe condition etc. That where heretofore there hath been process Sect. 170. procured by the above bound T. S. forth of the Queen's majesties Ecclesiastical court at York against Agnes then called by the name of A. W. whom the above named G W. hath now espoused and taken to his wife, upon pretence of a ●e contract surmised by the said T. S. to be made between him the said T. & the said Agnes. If therefore the said T. S. nor any for him or in his name, by his means or procurement do from hence forth prosecute and follow, or cause to be prosecuted and followed the said sui●e against the said A. nor against any other person or persons that heretofore have had any dealing in the said suit or matter on the part and behalf of the said A. nor do at any time hereafter procure or commence, nor cause to be procured or commenced any other fuite, or process forth of the same Ecclesiastical court, or any Court 〈…〉 oritie to hold plea thereof against them said G. W. and A. now 〈…〉 wife, or against any other person or persons, that have travailed or dealt in that cause against the said T. S. or that have traveled on the behalf of the said A. and moreover if the said T. S. do at all times hereafter within one year next ensuing the date thereof, do & suffer to be done all and every such act and acts, thing and things, as hereafter shall be devised or advised by the council of the said G. and A. for the clear and utter determination and discharge of all such pretended right or claim, as the said T. S. hath, might, or may have challenge or make against the said A. by virtue or colour of any precontract or promise between him the said T. and the said A. surmised or pretended, or by reason of any other matter whatsoever heretofore had or moved between the said T. S. and the said A. at the costs and charges in the law of the said G. W. That then etc. ¶ A Condition to perform conevants. THe Condition etc. That if the within bounden T. F. etc. do well Sect. 171. and truly hold, perform, observe, fulfil and keep all and singular covenants, grants, articles, payments, promises and agreements, which on the part and behalf of the said T. F. his heirs, executors etc. or any of them are to be holden, performed, observed, fulfilled and kept, contained, written, declared and specified in one pair of Indentures bearing date etc. made between the said T. F. of the one party, & the within named T. T. on the other party according to the tenor, purport, true intent and meaning of the said Indentures, that then etc. ¶ To perform an award. THe Condition etc. that if the above bounden E. L his executors, Sect. 172. and administrators, and every of them, for his and their part & behalf, in all things do well and truly stand to, obey, perform, fulfil and keep the awaid, arbitrement, order, rule, doom and judgement of A. C. A. P. H. D. and R. S. arbierators indifferently chosen aswell on the part of the said E. L. on the one party, as on the part of the above named I. I on the other party, to arbitrate, award, order, and judge, of, and upon all, and all manner of actions, suits, debts, accounts, trespasses, contronersies and demands, whatsoever, had, moved or depending, or which might have been had or moved between the same parties, at any time before the date above written, so always as the same arbitrators do make their award and judgements of, and concerning the premises, by writing indented under all their hands and seals on this side the twentieth day of june next coming, and one part of the said writing indented under all their hands and seals, and the same deliver or cause to be delivered to the said E. L. or his assigns requiring the same, upon the same twentieth day of june next coming at the now dwelling house of the said A. P. set and being in Eastcheap in London, between the hours of 2. and 5. of the clock in the after noon of the same day. And also if the said E. L. do not discharge the said Arbitrators nor any of them in the mean time, That then etc. ¶ A Condition to perform an award of lands, and to show evidences. THe Condition etc. that if the within bounden H. I. and I. M. do Sect. 173. stand to, obey, perform, keep, and fulfil the award, arbitrement, ordinance, rule, and judgement of B. W. etc. and D. M. arbitrers indifferently, named, elected and chosen as well on the part of the within named R. as on the part of the said H. I. coarbitrate, ordain and dame aswell of and upon the right, title, interest, use, and possession of a gardenlying etc. as of and upon all actions, trespasses, quarrels, suits, debates, debts, demands, and all other griefs, and inconveniences, had, moved, stirred or depending between the said parties concerning the same garden. And also the said H. I before the feast of Easter next coming &c. show unto the said arbitrers all such writings as he hath in his possession concerning their right, title, use, interest or possession of the foresaid garden in such wise that the said arbitrers be not delayed to make an arbitrement of and in the premises for want of the sight of the said writings and evidences, So always that etc. that then etc. ¶ A Condition that a Apprentice shall not waest his master's goods. THe Condition etc. that where one I S. the son of the within bound Sect. 174. A. S. by his writing indented, bearing date the day of the date of this present obligation, hath put himself apprentice to the within named R. E. to the craft of a Cutler, from the feast of S. Michael the archangel last passed, until the end of the term of seven years from thence next following, as by the same Indenture more plainly appeareth, If the said I. S. shall atanie time during the said term willingly or negligently cast away, constume, or waste any of the goods or cattles of the said R. E. then if the said A. S. his executors or administrators, upon a lawful proof made of the casting away, consuming or wasting of the said goods, or chattels, shall content & pay, or cause to be contented and paid to the said E. K. his executors or administrators, the value of all such goods and cattles as shall so fortune to be cast away, wasted or consumed, from time to time upon the said lawful proof made of the same during the said term. Provided alway, that the said A. his executors or administrators shall not be chargeable or compellable by this obligation to pay, satisfy, or recompense unto the said R. E. his executors or administrators above the sum of forty marks, That then etc. ¶ A Condition for a servant or apprentice. THe Condition etc. That where the within named I. T. before the Sect. 175. sealing & delivery of this obligation hath hired and retained the within bounden W. D. to serve the said I. from the day of the date hereof, for, and during the term of three whole years thence next ensuing. If therefore the said W. D. from the day of the date hereof, shall devil, tarry, serve, and abide to and with the said I. his executors & assigns, unto the full end and term of three whole years now next ensuing and fully to be ended. And also shall during the said term, well, faithfully and obediently serve the said I. his executors & assigns in all such works, business and affairs, as the said W. shall be put unto according to the power, wit and ability of the said W. D. without absenting himself either by day or by night without the licence of the said I. his executors or assigns during the said term. And also if the said W. shall not during the said term either waist or consume the goods and cattles of the same I. his executors or assigns, but shall behave himself honestly and obediently towards the said I. his executors or assigns as a just, faithful, and honest servant aught to do during the said term to all intents, respects, and purposes, That then etc. ¶ A Condition not to disannul a letter of attorney to receive debts. THe Condition of etc. That where the within bound R. B. hath Sect. 176. made a letter of attorney unto y● within named R. F. to receive of R. C. of etc. and R. M. of etc. all and singular such sums of money as are due and owing unto the said R. B. by and from the said R. C. and R. M. by their three several writings obligatory bearing date the etc. Wherein the said R. and R. stand jointly and severally bosid unto the said R. B. and every of them in the sum of etc. endorsed with condition in every of them, for the payment of etc. as by the same letter of attorney & writings obligatory aforesaid, it doth appear, If the said R. B. do not at any time hereafter revoke or disannul the said letter of attorney, nor make any letter of attorney concerning any of the said writings obligatory to any person or persons, other than to the said R. F. his executors or administrators. And also if there be such persons dwelling in the said town of H. as be called & named by the names and additions of R. C. and R. M. and also if the said three several writings obligatory, & every of them be the good, lawful, sure and sufficient deeds in the law of the said R. C. and R. M. and every of them. And also if the said R. C. 〈◊〉 R. M. their executors and administrators, and every of them, now be, and shall continued and be sufficient in ability and substance to answer and satisfy the said debts and every of them over and beside all other debts, which they or any of them now or hereafter do or shall own, or be charged with to any person or persons. And shall have▪ always assets in their own hands, occupation and possession, during and until such time as the said debts and every of them, or all such sums of money as are specified or contained in the Endorsements of every of the said writings obligatory, shall be fully answered, satisfied or paid unto the said R. his executors or assigns. And also if the said R. B. his executors & administrators, shall and will at all times hereafter, at the costs and charges in the Law of the said R. F. his executors or administrators, a●ow, justify and prosecute with effect to final end, all and every such action or actions, suits and plaints, judgements and executions, as the said R. his executors etc. shall 'cause to be attempted, commenced, affirmed, pursued, awarded or adjudged in the name of the said R. B. his executors or administrators against the said R. C. and R. M. and either of them, or the heirs, executors, or administrators of any of them for the recovery of any sum of money in the said writings obligatory, or any of them, or in the endorsements of any of them contained, and shall not willingly be nonsuit, nor suffer any nonsuit to be in the same action, actions, suits, plaints, judgements, or executions, nor any of them, nor hath not heretofore done, nor hereafter shall do, suffer, or make any act or acts, thing or things, release or acquittance, where by the said writings obligatory, or any of them, or any sum of money in them, or any of them, or in the endorsement of any of them contained, or any of the said action or actions, suits, plaints, judgements, executions, or any other benefit arising by reason of any the premises shall or may be in any wise released, acquitted, discharged, barred, defeated or avoided, without the consent & agreement of the said R. F. his executors or administrators. And also if the said R. hath not received any part of the sums of money in the said writings obligatory, or any of them, or in the endorsements of any of them contained. And also if the said R. B. his executors or administrators shall and will permit and suffer the said R. F. his executors and administrators, to receive & take the whole advantage and benefit of the said writings obligatory and sums of money aforesaid, action, actions, suits, plaints, judgements & executions, and every of them to the only use of the said R. F. his executors and administrators. And also if the said R. B. shall at the like costs of the said R. F. his executors and administrators, or at the request of any of them, do and suffer all & every other & further act & acts, whereby the said R. F. his executors & administrators shall or may attain unto the said benefit and advantage of the premises. And also if the said R. B. his executors or administrators shall not at any time hereafter demand ●ny accounted to be yielded to him or them by the said R. F. his executors or administrators, for or concerning the premises or any part thereof, That then etc. ¶ A Condition not to disannul a letter of attorney for lands. THe Condition etc. That where the within bounden I B. & E. B. Sect. 177. have made a letter of attorney unto the within named W. C. to recover all manner of lands and tenements whatsoever, which to the said I. B. and E. descended and came, or aught to have descended and come, as heirs of N. B. their late father deceased, as by the same letter of attorney etc. if the said I B. and E. B. or any of them shall not at any time hereafter revoke or disannul the said letter of Attorney. And also if the said I. and E, or either of them shall and will at the costs and charges in the Law of the said W. C. his executors or administrators from time to time, and at all times hereafter, avow, justify and prosecute with effect to final end, all and every such action and actions, suits and plaints, as the said W. his executors or administrators, shall bring, attempt, or commence in any of her majesties Courts, in the names of the said I E. and W. against any person or persons whatsoever, for the recovery of any such the lands or tenements as were the said N. M. And shall not willingly be nonsuit or suffer any nonsuit or discontinuance or retrarit to be in the same action, actions, suits or plaints or any of them. And also if the said I. & E. or any of them shall not do or willingly suffer to be done any act or acts, thing or things whatsoever, whereby the title, right or interest of the said I. & E. & either of them, of, in, or to the said lands and tenements aforesaid, or any of them, or any action, actions, suit or plaint, commenced or to be commenced or attempted by the said W. against any person or persons in the name of the said I E. & W. shall or may be letted, hindered, discharged, annihilated, diminished, defeated or avoided, without the consent and agreement of the said W. his executors or administrators. And also if the said I. & E. and every of them and their heirs, shall and will after such recovery so had, as is aforesaid, at the reasonable request of the said W. or his heirs, convey and assure to the only use of the said W. his heirs and assigns, all their part & portion of the lands and tenements, so to be recovered, and all their right, title and interest which the said I. and E. or either of them, or any of their heirs shall then have, or aught to have, of and in the premises or any part or parcel thereof, with Covenants of being discharged etc. ¶ A Condition to perform a william. THe Condition of this obligation is such, that where the within Sect. 178. bounden I W. shall (by the grace of God) marry and take to wife R. A. of N. late the wife of E. R. deceased. And where also the said E. R. by his testament & last will named and ordained the said R A. sole executrix of the same his testament and last will, and by the same hath given and bequeathed to A. x. l. etc. to be paid etc. to F. R. xii. li. to be paid etc. if the said I W. his executors or administrators shall well & truly pay to the said I. A. the sum of x. li. etc. at the said day etc. and to the said F. R. xii. li. etc. at the said day etc. And also if the said I W. his executors or administrators shall fulfil & truly accomplish and perform the said testament & last will of the said E. R. & also truly satisfy, content & pay all legacies, gifts & bequests contained & specified in the same last will & testament, according to the tenor, purport and true meaning of the said testament and last will, That then etc. ¶ A Condition to perform a will, and save harmless the executors thereof. THe Condition etc. That where the within named T. L. hath authorised Sect. 179. the within bounden D. F. to fulfil the testament & last will of one C. L. father to the said T. L. in stead of the same T. and hath assigned all his right of executorship unto the said D. F. Now if the said D. F. do perform the said testament and last will of the said T L. deceased, and also do acquit, discharge and save harmless the said T. L. at all times hereafter against all and every person & persons whatsoever, of, for, and concerning all actions, suits, demands, legacies, and all libels hereafter to be brought against the said T. L. by reason of the said testament and last will of etc. That then etc. ¶ A Condition not to meddle with Executorship. THe Condition of this obligation is such, that where as the within Sect. 180. bounden T. T. hath assigned & committed all his right of Executorship of the testament and last will of S. I late deceased, unto the within named R. R. and hath fully for his part authorised, licensed, and assigned the said R. only to do all & every thing & things by himself and his assigns concerning the execution of the said last will and testament. That therefore if the said T. T. shall not intermeddle with the administration of any part of the goods and cattles, money, debts, or place of the said Testator, without the consent of the said R. his heirs or executors, but shall at all times hereafter, and from time to time permit & suffer the said R. R. his executors and assigns, to administer all such goods, cattles, money, debts and plate, as at the day of the making hereof been in the custody of the said R. R. to be administered or in the hands or possession of any other person or persons, except such goods, cattles, money and plate as been in the possession and custody of the said T. T. of the said Testators, which is or are to be administered, as shall be thought good by the said T. T. And further if the said T. T. his heirs etc. do not discharge any debt of the said Testators, without the consent of the said R. R. his executors or administrators, nor any action which the said R. R. or his executors, shall justly attempt and bring against any person or persons, to, or for the recovery of any of the debts, goods and cattles of the said testator, That then etc. ¶ A Condition not to do any act as executor without consent of his coexecutor. THe Condition of etc. That where one C B. late of N. widow deceased, Sect. 181. by her testament and last will named, ordained & constituted the within bounden M. B. and the within named N. I. to be executors of the same her testament & last will, as by the same last will & testament amongst other things appeareth, if the same M. B. shall not at any time hereafter make or cause to be made, any release, acquittance or other discharge to any person or persons, for, or concerning any of the debts, goods, or cattles, which were the said C. B. the day of her decease, nor shall do, suffer, nor cause to be do●e or suffered to be done any other act or acts, thing or things, in or about the execution of the said Testament & last will of the said C. without the assent, consent, and agreement of the said N. I. That then etc. ¶ A Condition not to cell lands but to the obligee for a sum certain. THe Condition etc. That if the within bound I H. the day of the Sect. 182. date of these presents be true & lawful owner of a good, perfect, absolute, and indefeasible estate in fee simple, to his own only use of, and in one tenement with the appurtenances in A. etc. and hath not at any time since the first day of October last passed before the date hereof, bargained, aliened, sold, or put away, nor shall at any time hereafter alien, cell, or by any ways or means put away the said tenements and premises, or any part thereof to any person or persons, other then to the within named E. S. his heirs or assigns: So that the said E. S. his heirs or assigns will content, satisfy or pay, or cause to be contented, satisuned and paid unto the said I H. the sum of xl. pound of etc. for such good, perfect, & sufficient assurance in the law of an estate in fee, of, and in the said tenements and premises, and every part and parcel thereof, to be conveyed from the said I. H. his heirs and assigns to the said E. S. his heirs and assigns for ever, discharged, of all manner of titles, charges, and encumbrances whatsoever, as shall be devised or advised by the said E. S. his heirs or assigns, or by his or their learned counsel in the law, That then etc. ¶ A Condition that a man's wife shall claim no dower, but release upon request. THe Condition etc. that where the within bound W. A. hath bargained Sect. 183. and sold to the within named T. M. all those his lands and tenements as well freehold as copyhold, in S. in the County of N. if the said T. M. his heirs and assigns shall or may at all times hereafter, have, hold, occupy and enjoy as much of the premises as be freehold, without let or interruption of M. now wife of the said W. or her assigns, by reason of any interest or title of Dower, that she the said M. may fortune hereafter to claim, of, or in the same premises being freehold, if ●he shall happen to survive the said W. A. her husband. And further if the same T. M. shall be minded at any time within the space of one year next coming after the date hereof to have the said M. to release all her right, title and interest, of, & in as much of the premises as be freehold, then if she the said M. upon a reasonable request to her thereof made by the said W. A. his heirs or assigns shall lawfully release all her right and title, of, and in the same premises to the use of the said T. M. his heirs and assigns at the only costs and charges in the law of the said T. his heirs and assigns. And also if the said M. at the next Court or Courts which shallbe holden for the manor or manors, whereof the copyhold premises been holden (having of the same Courts so to be holden reasonable knowledge, notice, or warning to her given by the said T. M. his heirs &c.) shall lawfully surrender and release all her right, title and interest, of, and in the same copyhold premises, to the use of the said T. M. his heirs and assigns, the same premises then being clearly discharged, or otherwise from time to time sufficiently saved harmless, of, and from all former bargains, sales, titles, fines, amerciaments, issues, forfeitures, and other charges & encumbrances whatsoever they be, had, made, done or charged by the said W. A. or by any other person or persons by his assent or commandment, (the fine or fines for the taking of the premises being copyhold or customary tenure by the said T. his heirs or assigns, and the rents and services from thenceforth to be due to the Lord or Lords of whom the same premises been holden only excepted.) That then etc. ¶ A Condition that an estate is good, and that the wife. shall claim no dower. THe Condition etc. That where the within bounden R. S. by his Sect. 184. deed of feoffment, bearing date the day of the date of this present obligation, hath made and executed an estate in fee simple to the within named T. H. and his heirs, of & in the tenement etc. & which did descend to the said R. S. as son and heir of L. C. his father deceased, as by the same deed of feoffment more plainly appeareth, if the said estate be good, lawful, perfect and sure to the said T. H. and his heirs, according to the tenor and effect of the said deed of feoffment. And also, if the said tenement at this tune be clearly discharged of all former bargains, sales, titles, interests, statutes, recognizances, rend charges, arrearages of rents, and all other troubles, charges and encumbrances whatsoever they be, (except the rents and services thereof to the Lords of the fees of the same from henceforth to be due.) And if it shall fortune the said A. S. now wife of the same R. S. to survive the said R. then if neither the same A. nor any other person or persons, for her or in her name, shall trouble, vere, nor sue the said T. H. his heirs, executors, nor assigns, nor the owners or possessors of the said tenement etc. or of any part thereof, for her dower, of, or in the same premises, or for any other title or demand, in, or to the same or any part thereof, that then etc. ¶ A Condition not to be surety. THe Condition of etc. that where the within bounden E. D. hath Sect. 185. heretofore many times entered into bonds & become surety for divers persons for the payment of divers sums of money, aswell by writing as without writing, so that thereby the said E. D. hath been like to fall into decay & poverty: for the avoiding whereof the said E. D. by the advisement of divers of his friends, hath thought it good to bind himself in the penalty of a C. l. to the within named W. L. to the intent clearly to abstain and refrain himself from the foresaid suretyship, If therefore the said E. D. shall not at any time or times hereafter give his promise or become bound, or stand as surety by any kind of means without the consent & agreement of the said W. for any person or persons whatsoever, for or above the sum of xl. s. at any one time, except it be for one R. D. of N. that then etc. ¶ A Condition not to play at dice. THe Condition of etc. That where the within bounden I K. hath Sect. 186. heretofore accustomed, frequented, and used to play at the dice, cards, and tables, to his great hindrance and loss, so that by exercise, use, & accustomable playing at those unlawful games, the said I K. hath been like to fall and come into extreme poverty and other dangers, For the avoiding of which said evils, the said I K. through the advertisement of his friends hath agreed to be bound in the sum of xl. li. within written, to abstain and clearly to absent himself from the plays and games of them and every of them, for and during the term of seven years etc. If therefore the said I. K. shall not at any time or times hereafter, privily nor openly during the space of seven years next ensuing the date hereof, play at any of the said unlawful games of dice, cards, and tables, nor any of them, with any manner of person or persons, for any sum or sums of money, or any other goods or cattles (liberty for playing at cards for the space of eight days yearly, next after the feast of the birth of our Lord God, commonly called Christmas, during the said seven. years only excepted) that then etc. ¶ A Condition to pay money, or save harmless of a Recognisance. THe Condition etc. That whereas the above named I. B. at the Sect. 187. request & instant desire, & for the debt of the above bounden I A. together with him, and one I G. by one Recognisance of the date above written, knowledged in the Queen's majesties high court of Chancery, standeth bound unto A. W. in one hundred pounds, with a condition for the payment of fifty pound, of etc. upon the last day of june next ensuing the date above written, (if the said A. W. and A. her daughter, or either of them shall be then living) at the now dwelling house of R. B. notary, at the Royal Exchange in London, as by the said Recognisance more at large may appear, If therefore the said I. A. his heirs etc. do content etc. to the said A. or A. their executors or assigns, the said sum of fifty pound, of etc. upon the said last day of june next ensuing, at the place aforesaid (if the said A. or A or either of them shallbe then living) in full discharge of the said recited recognizance, that then this present Recognisance etc. ¶ A Condition to save harmless of a bond. THe Condition of etc. That whereas the within named N. C. at the Sect. 188. instance & special request of the within bounden W. C. together with the same W. and for the debt of the same W. by a certain writing obligatory, bearing date & ●. and standeth jointly and severally bound unto one I D. of etc. in the sum of xxx. l. with condition thereupon endorsed for the payment of xxii. l. of lawful money of England, at etc. as by the same writing obligatory, and the endorsement thereof more plainly appeareth. If therefore the said W. C. his heirs etc. shall at all times hereafter, & from time to time, clearly acquit, discharge, or sufficiently save harmless the said N. C. his heirs, executors and administrators, & every of them against the said I. O. his heirs, executors, administrators, & every of them, of, for and concerning the said writing obligatory, & the condition thereof, & every sum & sums of money in the same writing obligatory, & the endorsement thereof contained. And also if the said W. C. his heirs, executors or assigns or one of them shall within x. days next ensuing after the said feast of S. I the apostle, deliver or cause to be delivered unto the hands of the said C. his heirs etc. the said writing obligatory canceled, or ●ls some lawful and sufficient acquittance or other discharge of & concerning the same, that then etc. ¶ A Condition to save harmless of a bond for the peace. THe Condition etc. that whereas the within named W. K. at the instance, Sect, 189. & special request of the within bounden G. O. together with the same G. O. and other standeth jointly and severally bound for the said G. O. to our said sovereign Lady the Queen's Majesty that now is, in the sum of xx. l. of etc. with condition that if the said G. O. do observe and keep the peace of our said sovereign Lady, against all her liege people, and especially against one E. C. until the feast of E. next coming after the date hereof, as by the same recognizance appeareth, if therefore the said G. O. his executors and administrators or any of them, do at all & every time and times hereafter, & from time to time clearly exonerate, acquit, discharge or otherwise sufficiently save and keep harmless by all ways and means whatsoever, aswell the said W. K. his executors & administrators & every of them, as all & singular the lands, tenements, goods and chattels of the said W. K. his executors and administrators and every of them against our said sovereign Lady the Q. her heirs & successors by reason of the said recognizance, & without any veration, trouble or molestation of the said W. K. his executors or administrators or any of them, That then etc. ¶ A Condition to save harmless a surety in the Guildhall. THe Condition etc. that where one T. P. etc. hath brought & commenced Sect. 190. an action of debt of x. l. against the within bounden I W. in the Queen's majesties Court of the Guildhall of the City of N. before M. K. & R. H. sheriffs of the same city, in & to which plaint the within named I. C. and R. C. at the request of the said I W. are become pledges and sureties for the said I W. to answer unto the said T. P. in the same plaint, If therefore the said I. W. his heirs, executors or assigns, do at all times hereafter, and from time to time, clearly exonerate, acquit, discharge or save harmless the said I C. and R. K. their heirs, executors and administrators, & every of them against the said T. P. his heirs, executors and administrators, and all and every other person and persons whatsoever, of and for the said action, and all things concerning the same, that then etc. ¶ A Condition to discharge his bails in the Kings Bench. THe Condition etc. that where the above named H. C. & one R. H Sect. 191. in their proper persons have undertaken for the above bounden C. F. by a recognizance or mainprize taken & knowledged before the justices of the King's Bench at Westminster, that if it happen the said C. F. to be condemned in any action at the suit of T. B. Esquire that then the said R. H. and H. C. did grant all costs and damages, and executions which should be adjudged to the said T. B. in that behalf, should be levied to the use of the said T. B. of the lands and cattles of the said R. H. and H. C. if so be it that the said C. F. do not pay the same damages himself to the said T. B. or restore and yield himself again by means thereof to the prison of the Marshal of the Marshalsey, if the said C. F. his heirs etc. and every of them at all times hereafter from time to time, do well and truly acquit, discharge or save harmless the said H. C. and R. H. their heirs etc. & every of them against the said T. B. his etc. of and for the breach and forfeiture of the said Recognisance and mainprize, and of, and for the execution of the said action, whereupon the same Recognisance & mainprize was so taken and knowledged, and also of, for, and upon all other bonds, obligations & Recognizances wherein the said H. C. standeth bound to any other person or persons, for, and in the behalf of the said C. F. That then etc. ¶ A Condition to save his bail harmless and tender himself prisoner if etc. THe Condition etc. That whereas the within named G. F. this present Sect. 192. term of S. Mich. became bound surety, mainpernor, bail or pledge for the within bound T. F. against H. S. of etc. in the court for pleas before the Queen's Majesty to be held as by the Records thereof appeareth, that now if the said T. F. his executors or administrators shall pay or 'cause to be paid unto the said H. S. his executors etc. all & every such debts, damages, sum or sums of money as shallbe recovered by the said H. S. against the said T. F. in the said court or yield his body into the prison or keeping of the Marshal of the Marshalsey for the same according to the intent and meaning of the same bail and judgement thereupon to be given in the same Court, And thereof for ever save and keep harmless the said G. F. his heirs, executors & administrators against the said H. S. his executors and administrators & every of them, That then etc. ¶ A Condition to save harmless of covenants for the sale of woods. THe Condition etc. that where R. C. Esquire by his deed indented Sect. 193. bearing date etc. hath bargained & sold to T. H. all that his wood & underwood called & known by the name of etc. containing &c. set, standing, growing & being within the parish & woods of etc. as by the said Indentures etc. which woods the said T. H. hath bargained & sold to the within bounden I P. if the said I P. etc. and every of them do well & truly content & pay to the said R. C. or his executors or assigns the sum of etc. at the day and time contained in the said Indentures in the name and behalf of the said T. H. and also do discharge and save harmless the said T. H. & his executors & administrators, of, to, & for all covenants, grants, & agreements contained & specified in the said Indentures which on the part of the said T. H. his executors, administrators & assigns, & every or any of them are to be observed etc. that then etc. ¶ A Condition to save harmless of a Recognisance. THe Condition etc. That where the within named A. B. at the instance, Sect. 194. petition & request of the within bound E. F. & for his debt by a certain obligation or Recognisance made before W. M. recorder of the city of L. & I K. knight, Alderman of L. in the sum of xx. l. of etc. as in the same obligation appeareth, if the said E. F. his heirs etc. pay unto the said Chamber all the foresaid sum of xx. l. & also save & keep harmless the above named A. B. from all manner of indempnities, costs and charges of, for & concerning the said obligation of recognizance, & all other things concerning the same, That then etc. ¶ A Condition to save harmless of legacies and to pay the same to the legataries. THe Condition etc. that where the within bound R. K. and I. his Sect. 195. wife hath received and had at the insealing & delivery of these presents of the within named I. B. and I B. administrators of the goods & cattles of one I. B. late of S. deceased the sum of xviii. l. of etc. (viz.) x. l. the one half or moiety of a legacy given to I K. by the last will & testament of the said I B. her late father, & viii. l. to be paid to one A. A. daughter of the said I K. by virtue of the said last will & testament of the above named I. B. Now therefore if the said R. K. his heirs etc. do discharge, acquit, save & keep harmless the said I B. and I B. their heirs etc. against all manner of persons for the payment of the said xviii. l. of etc. And also pay the same x. l. unto her the said I K. when she shall accomplish the full age of xxi. years, if she so long live, & if she fortune to die before the said age, them to him, her, or them that can or may lawfully demand or claim to have the said x. l. before remembered, & I. & I. and their administrators for the payment of the same sum, As also bear & sustain the half charges of the education & bringing up of the said A. until she shall attain & accomplish the said age of xxi. years, That then etc. ¶ A Condition to save harmless of debts and legacies. THe Condition etc. that if the within bound I R. his executors etc. Sect. 196. and every of them shall & will upon reasonable request & notice well and sufficiently save and keep harmless and inoemnified the said E. against all and every person & persons of, for and concerning all and every debt or debts which I. R. deceased late Father of the said I. and E. did at the time of his death own unto any person or persons whatsoever, and of, from and concerning all and every such legacies as are pretended to be given, or were given or bequeathed in & by a supposed will & testament of the said I R. deceased, & of, for, and concerning the said last will: or else if any person or persons shall at any time hereafter commence or sue, or cause to be commenced or sued any plaint, suit, or action against the said E. R. her executors or administrators, for or by reason of any debt, legacy or other thing due, paiable or bequeathed, or supposed to be due, paiable, or bequeathed by the said I. R. the father to any person or persons, and the said E. R. & her executors shall and will from time to time in convenient time give notice thereof to the said I. R. the son his executors & administrators, & permit & suffer such answer & plea to be pleaded & made thereunto as shallbe devised, advised or made by any counsellor, Attorney, or Procurator that shall for that purpose be retained by the said I. R. the son, his executors or administrators, if then the said I R. the son his heirs, executors etc. from time to time shall & will well & sufficiently recompense & allow unto the said E. her executors or administrators all & every such sum & sums of money as by order of law without collusion shallbe recovered against her or them, or any of them, for, or by reason of every such plaint, suit, action or actions together with all such costs, charges & expenses as they or any of them shall necessarily expend, disburse or lay out about the defending of any such plaints, actions, suit or suits, or intravail about the same, within vi. months next after request & notice thereof to him the said I R. the son his heirs, executors or administrators to be given or made by the said E. R. her heirs, executors or administrators, that then etc. ¶ A Condition to save harmless from suits in the law etc. THe Condition etc. that if the above bounden W. T. his executors Sect. 197. and administrators, & every of them, at all times hereafter upon sufficient warning & request do by reasonable recompense save & keep harmless & indemnified W. H. R. S. & E. T. and every of them, and the●ecutors etc. against G. B. & every other person & persons claiming by, from or under him any right or title, of & from all manner of suits, damages, costs, & charges in the law arising or growing, or which hereafter shall arise & grow by means of any suit now being or depending between the said W. T. & E. B. or whi●● hereafter shall arise or grow between them, of, for, or concerning the estate, right, title, interest or possession, of or in one mesuage with thappurtevamcesappurtenances in D. in etc. that then etc. ¶ A Condition to keep the peace, and appear before the Queen's counsel. THe Condition etc. That if the within bounden I L. observe and Sect. 198. keep the peace against the Queen our sovereign Lady, and all her liege people, between this and the xv. of Easter next coming, & then do personally appear before the Queen & her most honourable Counsel in the Star chamber at W. and so from day to day, & not to departed without licence of the said court, That then etc. ¶ A Condition to keep the peace. COnditio istius obligationis talis est, qd si interius obligat R. de Sect. 199. cetero bene & honest se habeat, & pacem donne Reginae gerat erga inf●anominat̄ I S. & W. R. & eor utrumque, & omnes familiares & ser●ientes suos, put ordo charitat & honestatis idem requiret, ac ipse ipsos I & W. seu eor alterum non lae serit verbo nec oper̄, qd in ipsorum I & W. damnum sive laesionem nominis sui, sive bonae famae al●qualiter cōuert̄ poterit, ac etiam si dicti I & W. sive corum alter ꝑ praed' R. aut per aliquen alium seu aliquos alios eius causa, querela, favore, amore, odio, instigatione, seu procuratione de cetero non prosequant nec implacitent ꝓ aliqua causa, quaerela seu materia quacunque inter dictos I & W. & pref. R. antony's dat' infrascript̄ habit̄, mot̄, seu exort̄, qd tunc presens obligatio vacua & pro nulla habeat, & si praed' R. contra pmmissa seu eor aliqd in futur' fecerit, seu fieri procuraverit, qd tunc presens obligatio in omni suo robore stet & effectu &c. ¶ A Condition to keep the peace, and to be of good abearing. THe condition etc. that if the within bounden S. & E. his wife, do Sect. 200. keep the peace against all the King's liege people, & specially against A. B. C. D. etc. and bear themselves honestly and duly both in their words & deeds against the said A. B. etc. nor slander them, nor any of them, of, or upon any such matter touching the death of I. M. or the suit about the trial of the same, wherein the said A. E. etc. by the Queen's laws is clearly declared innocent etc. ¶ A Condition for appearance in the king's bench and good abearing. COnditio istius obligationis talis est, qd' si interius obligat I L. compareat Sect. 201. personaliter sub custodia infranominati vicecom̄ vel eius deputat' coram dono Rege in octabis S. Hill' ꝓximo futur' ubicunque tunc fuerit in Anglia, ad inveniendum tunc coram ipso dno Reg. sufficientem securitatem de se bene gerendo erga ipsum dnum Reg. & cunctum popul●m suum, juxta tenorem brevis dicti dni Reg. praef. vicecom̄ inde direct' & see ben medio tempore gerat, & dict vicecom̄, haered & executor' suos erga dnum Reg. & cunctu● popul suum, de, & in omnibus concernent premissa indempnem conseruet, quod tunc etc. ¶ A Condition of the peace for the good abearing. THe Condition etc. that if the within bound S. T. personally appear Sect. 202. in the custody of the Bailie within written, or of his deputy, before the justices of our sovereign Lord the king etc. the Monday next after the nativity of S. Io. baptist etc. at the town etc. to found there before the said justices, good and sufficient sureties of the peace, & do behave & bear himself well & peaceably against our said sovereign Lady & all her liege people, and specially against A. B. & in the mean time keep the peace of our said sovereign L. And so from henceforth save and keep harmless the within named bailie etc. for and concerning the premises & every part of them, that then etc. ¶ A Condition for appearance in the Common place. COnditio istius obligationis talis est, ●p si interius oblgat I H. compareat Sect. 203. ꝑsonalit coram Iustic' domin' Reg. apud W. a die Pasc' in xv. dies ad respondend H. B. de placito debiti vel detenc' aut compot, juxta tenorem bris Reg. pref. vic' inde direct' etc. ¶ A Condition to give evidence against a fellow. THe Condition etc. that if the above bound T. W. & R. C. do pursue Sect. 204. & give such evidence as they know, at the next general sessions for the county of Y. to be holden against D. M. and R. B. now prisoners in the Castle of Y. concerning certain felonious acts by them perpetrated or committed, then etc. ¶ A Condition to give evidence against felons at the Sessions. THe Condition etc. That where the within named R. N. &. I. B. by Sect. 205. virtue of their office by instruction given and declared unto them by me N. L. of N. have attached and taken as a fellow on G. G. of N. for and concerning the imbeselment and taking away of two. pieces of Worsted, of the goods and chattels of one R. W. of N. D. being in the safe custody and keeping of the said N. L. if the same N. at the Sessions of the pea●e of our Sovereign Lady Queen Elizabeth, next to beholden at N. within the County of etc. in the said City of N, in his own proper person do appear before the justices of peace of our sovereign Lady the Queen's Majesty, before them, then & there to declare to the said justices such pregnant evidences against the said G. G. of, for, & concerning the premises, as he the said N. hath perfect knowledge of, or can declare of a very truth in the discharge & acquitting of the said sheriffs, aswell against our said sovereign Lady the Q. as against all & every other person & persons, That then etc. ¶ Conditio quod compareat coram justice. pacis ad proximam Sessionem. COnditio istius obligationis talis est, ꝙ si quaedam A. W. Spinster, Sect. 206. in propria persona sua compareat coram Iustic' dnae Reginae de pace in comitatu N, conseruand' assignat' necnon ad etc. ad proximam Session̄ pacis dictae dnae Reginae apud M. in le Sheerehouse ibidem proxim' tenend ad respondend tam dictae dnae Reginae quam G. S. de placito transgress. & contempt̄ contra formam statuti seruient̄, & ulterius indempnes conseruet infranominat Vic' & eor utrumque haeredes & execut suos versus dictam dominam Reginam & omnes alios quoscunque, de & super praemissis, extunc praesens etc. ¶ A Condition for appearance in the king's bench for the peace. COnditio etc. qd si infraobligatus I L. compareat personaliter in custod Sect. 207. infranominati vicecom̄ etc. coram domin' R. in octabis S. Michaelis proximo futur' ubicumque tunc fuerit in Anglia, ad inveniendum tunc coram ipsa dna R. sufficientem secu●tatem pacis dnae Rnae & de se bene gerendo erga ipsam dnam Reginam & cunctum populum suum: & praecipue erga H. C. juxta tenorem brevis ipsius dnae Reginae praef. vicecom̄ inde direct' & medio tempore pacem gerat, & dict' vicecom̄, haered & executor' suos erga dnam Reg. & cunctum popul' suum, & praecipue erga praed' H. de, & in omnibus concernent praemissa indempnes conseruet, quod etc. ¶ A Condition for behaviour, and not to resort to the obligeos house. THe Condition etc. that if the within bounden I L. from henceforth Sect. 208. well & honestly aswell in words as in deeds, behave & demcane himself against the within named W. P. and from this time forward, neither to rebuke, missay, threat, menace, ne brace the same W. nor to him any bodily hurt or harm do, or procure to be done, nor any assault or fray upon him make, or cause to be made. And also do not from henceforth come, resort, or draw into the house of the said W. nor with him ne any of his be accompanied, eating, drinking, familiar, or conversant within the said house: That then etc. ¶ A Condition for appearance upon a Latitat. THe Condition etc. that if the above bound G. H. do appear before Sect. 209. our sovereign Lady the Queen's Majesty at W. the thursday next after quindena Paschae, to answer unto R. C. in a plea of trespass: that then etc. ¶ A Condition to be true prisoner. THe Condition etc. that if I H. Merchant of etc. which now is in Sect. 210. the Queen's prison, under keeping of the Sheriff within written, aswell by reason of a writ of our Sovereign Lady the Queen of the Statute of the Staple containing the sum of C. l. etc. as also for certain other actions, causes, and suits, on the behalf of R. S. etc. moved & commenced, be from henceforth a true & faithful prisoner, tarrying & remaining with the said sheriff & his deputy, till the same R. S. be fully at an end discharged and acquitted of the said action, and then content and pay to the said Shirif etc. all and singular costs, charges, fees, and other duties, in such cases heretofore accustomed to be paid: That then etc. ¶ A Condition to return cattle replevied. THe Condition etc. That where the within named sheriff, by virtue Sect. 211. of his office, & upon the complaint of the within bounden I L. had delivered & replevied to the same I. two horses, and iiii. kine, which one W. P. late took and wrongfully withholdeth, as the said I. S. saith, if the same I. do pursue his action with effect against the said W. for the taking & withholding of the said horses & kine, & make return of the same, if the return thereof be so adjudged by law, and the said Sheriff, his heirs & executors acquit, discharge, and save harmless against our sovereign Lady the Q. and the said W. of and for all and everything concerning the premises: That then etc. ¶ A Condition that Pirates shall appear at the next jail delivery. THe Condition etc. that if the above bound W. W. now prisoner Sect. 212. with the Sergeant of the admiralty, be forth coming, & make his personal appearance before the said Master Doctor L. judge of her majesties court of the Admiralty, and other her majesties Commissioners for piracies, at the next Sessions of jail delivery to be holden in the City of L. or the borough of Southwark, for Marine causes, and do not from thence departed without special licence first had & obtained of the said Commissioners: That then etc. ¶ A Condition of a Recognisance for Brewing. THe Condition of this Recognisance is such, that if the above bound Sect. 213. I H. appointed to keep an Alehouse or victualling house, aswell for the relief of his poor neighbours, as for good, honest, & well disposed wayfaring & travailing persons do at all time & times hereafter, keep & maintain in his house convenient victuals, not maintaining or suffering in his house, at any time or times, any unlawful games, neither cell nor utter any victuals in time of divine service to be celebrated in his parish Church of etc. upon the holy days, except in case of necessity, nor in the night after convenient times, & that for lawful causes, that is to say: after the hours of ix. of the clock in the after noon of every day in the summer time, & viii. of the clock in the Winter. Neither after the same hours receive into his house any theeve, vagabonds, rogues, or suspected person or persons to his knowledge, to play, eat, drink, or lodge, & abide in his said house, without the commandment of the Constable, or other Officer there for the time being, or at any time or times do suffer to remain by the space of ten hours in his house, any idle person or persons etc. That then etc. ¶ A Condition of a Recognisance for brewing. THe Condition of this Recognisance is such, that whereas the said Sect. 214. A. M. is licensed by us G. F. and F. R. two of the Queen's majesties justices of peace within the said County of D. to brew to sell, & keep a common Alehouse, according to the statut for brewers, made in the v. year of the reign of our late sovereign Lord king Edward the sixth. If therefore the said A. M. do brew to cell & keep a common Alehouse, and do not use nor suffer any unlawful games, or evil order within his house, orchard or garden, but use, maintain and keep good order and rule within the same according to the statute, That then etc. ¶ A Condition of an Alehouse keeper. THe Condition of this Recognisance is such, that where the within Sect. 215. bound I. S. is appointed to keep a common Alehouse at D. if the said I. S. do observe, keep & use, or cause to be kept & used good & honest rule and conversation in the same Ale house, and do not in the same support & maintain, or suffer to be kept, exercised or used, any unlawful games & plays, as at Dice, Cards, Tables, or any other unlawful games prohibited by the laws & statutes of this Realm, & especially by men's servants, apprentices, common labourers or idle persons, & also do not keep tippling, or resort of any persons in the same Alehouse on the hours of divine service on the Saboth day, or other festival days, & do not wittingly lodge, support, nor maintain in the same Alehouse, men or women of evil name, fame, or condition, haunters or any other misruled persons, knowing them to be of such sort & condition. And also prepare two honest beds to lodge in, such travailing persons as from time to time shall happen to have need of lodging, during the term that he shall keep the same Alehouse, that then etc. ¶ A Condition to knowledge satisfaction. THe Condition etc. That if the within bound T. H his executors Sect. 216. or administrators, before the end of the next Easter Term, by him or themselves, or by his or their lawful Attorney, shall in the Queen's majesties Court of her common Pleas, confess or acknowledge satisfaction of all such judgements & executions, as the said T H. hath recovered in the said Court against one W. S. late of I. in the county of N. Gentleman: That then etc. ¶ A Condition to make goods sold worth etc. THe condition etc. that where the within bounden I S. the day of Sect. 217. the date within written, for the sum of xx. l. etc. hath bargained, sold, & delivered to the within named T. P. divers goods, plate, & jewels in a certain Indenture comprehended, bearing date etc. under a condition in the same Indenture specified: If the said I. S. make default of payment, in the said Indenture mentioned & comprised. And then if all the foresaid goods, plate & jewels, indifferently praised be found of less value then etc. so that the said I. S. immediately pay, or cause to be paid to the above named T. his heirs etc. as much good & lawful money, or other ware, as shall amount to the sum of all that shallbe lacking of the said &c. in the goods, plate & jewels afore rehearsed: That then etc. ¶ A Condition to found a Curate to serve a cure. THe condition etc. that if the above bounden I. S. his heirs, executors, Sect. 218. administrators, or assigns, or any of them, do well & truly from time to time at all times hereafter, at his & their proper costs & charges, found & maintain one able and sufficient Curate or Minister, which shall well and sufficiently discharge and serve the Cure of the said parish Church of etc. according to the Ecclesiastical laws of this Realm, & well and truly discharge and acquit the said A. from the serving thereof, during all such time as the said A. shallbe & continued Parson of the said Parish: that then etc. ¶ A Condition to found necessaries during life. THe condition etc. That if the within bounden C. F. his etc. at the Sect. 219. only costs & charge of the said C. F. his executors etc. shall & will sufficiently & competently find, provide, and give, or cause etc. unto M. now wife of the within named T. I. during the natural life of the said M. good, sufficient, and competent houseroom for her dwelling & abiding, and also sufficient & competent lodging, bedding & wholesome sustenance, meat, drink, apparel, and all other things meet & requisite, to and for the sustentation, keeping, and living of the said M. during the natural life of the said M. That then etc. ¶ A Condition to found meat drink, etc. THe Condition etc. that where a marriage is to be had & celebrated Sect. 220. between the within named H. G. of the one party, & one M. S. one of the daughters of the within bounden E. S. of that other party, if the said E. his heirs, executors & assigns, shall after the day of the marriage aforesaid, for, and during the term of three years thence next & immediately following fully to be complete & ended, found unto the said H. & M. and unto one servant of the said H. sufficient meat & drink with convenient bedding and other necessaries to the same belonging & appertaining, when, & as often as they or any of them shall repair, resort, abide or remain, in, or at the mansion house of the said E. commonly called and known by the name of S. or elsewhere during the term aforesaid: That then etc. ¶ A Condition to leave his wife etc. THe condition etc. that where the within bounden I L. shall by the Sect. 221. grace of God marry & take to wife one A. P. widow, if the said I. after the marriage had and solemnised happen to die before the said A. that then if the said I. do leave the said A. worth an C. l. in money, or in movables, over and above household stuff by legacy or otherwise, to be delivered by the executors or assigns of the said I. to the said A. her executors or assigns, within one month next after the death of the said I. to beimploied and disposed to the proper use of the said A. at her will and pleasure: that then etc. ¶ A Condition to leave his wife surviving goods worth etc. THe Condition of etc. That where the above bound W. B. is by Sect. 222. the grace of God shortly to marry & take to wife P. H. near kinswoman unto the said F. R. and F. R. & hath no inheritance, which he may lawfully assure for the jointure of the said P. nor whereof she is by law to be endowed, and therefore very careful and willing, that if it please God that he the said W. do die before the said P. that he may & shall leave the said P. sufficiently provided for, respecting his ability, and the portion he had by her, And accordingly hath promised to the said F. R. H. S. and F. H: If therefore the said W. B. do by his last will and testament in writing, or otherwise, sufficiently and lawfully provide without all fraud or practice, that the said P. may have & enjoy to her own use, immediately after the death of the said W. B. if she fortune to overlive him, goods and cattles amounting to the clear sum & value of etc. above all charges, which she shall & may lawfully possess & enjoy at her free will & pleasure, without any lawful claim, challenge, or demand to be made by any person or persons, That then etc. ¶ A Condition to suffer his wife to make awill. THe Condition etc. that if the within bounden R. P. do permit and Sect. 223. suffer one M. D. which the same R. by God's grace shall take to wife at any time before her death to declare & make her will, devise & give at her pleasure xl. l. of etc. to what person or persons, & unto what use & purpose as she will at her pleasure: And also permit and suffer her executors to prove, declare, & perform the last will by her made, without vexation or interruption, denying or impediment of the said R. And also if the same R. do perform, fulfil, observe, pay and content the said xl. l. so by her assigned, bequeathed & willed to such person or persons, in such manner & use, & at such days, & within such time as by her shall be devised, bequeathed, & willed, without any further delay: That then etc. ¶ A Condition to suffer his wife to give certain goods during her life, ● by william. THe Condition etc. that if the within bounden T. B. after marriage Sect. 224. had between him & A. widow, late wife of T. B. deceased, do permit & suffer the said A. to give, bequeath, or appoint, by her last will or otherwise at any time during her life, goods and cattles to the value of etc. so that the same gift, bequest or appointment so to be had & made, shallbe good & available to the said parties, to whom the said gift, bequest or appointment shallbe so made by the said A. against the said T. B. & his executors, without let, impediment, or disturbance of the said T. B. or of his executors etc. And also if the said T. B. do accomplish, perform, & fulfil the said gift, bequest, or appointment, having thereof notice & knowledge by the said A. or by her last will, with his own proper goods, according to the intent & true meaning of a pair of Indentures made between the said T. B. of thoue party, & N. R. & E. G. of the other party, bearing date etc. That then etc. ¶ A Condition to pass an account and procure discharge for a Sheriff. THe Condition etc. that if the above bound H. P. his heirs, executors, Sect. 225. and administrators, do make a true & perfect account, of, & for the above named T. his heirs & executors, in th'exchequer of our sovereign Lady the Queen, and the heirs & successors of the said Queen, of, for, & upon all issues, charges, sum and sums, which be or shallbe asked, charged, or demanded, of or upon the said T. as late Sheriff of the said County, and get, and procure a sufficient Quietus est thereof for the said T. his heirs and executors. And moreover do well and truly discharge, save, or keep harmless the said T. his heirs etc. against our said sovereign Lady, her heirs & successors, & all other person & persons, of, for, & concerning the said office of Sheriffs, & all the receipts & charges thereof: That then etc. ¶ A Condition for the Executing of a Bayliwike. THe Condition of etc. That if the above bound I M. do well and Sect. 226. truly exercise the said office of bailiff & Collector in the County of Y. by himself or his sufficient deputy or deputies, for whom he will answer, during the time that he shall continued in the same. And do by himself, or by his sufficient deputy or deputies for whom he will likewise answer, appear yearly at all times of the year, before the Receivor of the Queen's Majesties said rents, profits & revenues for the time being, upon the precept of the said Receivor, or of his deputy, yearly at such time and place within the said County of Y. as the same Receivor by his precept shall limit and appoint to the said I. M. And also if the said I M. do them pay or cause to be paid to the Queen's use, her heirs and successors, to the hands of the said Receivor, or to the hands of his deputy or deputies, all such sums of money due to our Sovereign Lady the Queen, at, or before the feast of E. yearly, as he the said I M. shall or may by any lawful or due means levy or receive, within or by reason of the said office of bailiff or Collector. And also if the said I. M. by himself, or his sufficient deputy or deputies, do appear and account yearly before the Q. majesties Auditor or Auditors, or the deputy or deputies of the Queen's majesties Auditor or auditors, at the Audite to be holden within the said county of Y. or elsewhere, as to him shallbe by the same precept appointed, between the feast of S. Mich. th'archangel, & the Nativity of our Lord God; or after such time and place within the said county of Y. as by the precept of the same Auditor or auditors, or of his deputy or deputies shallbe to him limited & appointed, of, and for all rents, revenues and profits due and paiable, within, or by reason of the said office of bailiff and collector, at, or before the feast of S. Michael the Archangel next before the same Audite. And do well & truly content and pay, or cause to be contented and paid to the Q. majesties use, her heirs and successors, to the hands of the Receivor of the said rents, revenues & profits, all and every such sum and sums of money, as from time to time before the said Auditor or Auditors, or his or their deputy or deputies, shall be justly found due to the Queen's Majesty her heirs and successors, by the said I. M. or his deputy or deputies, by reason of the said office of bailiff & collector upon the foot or determination of every such account, had & made. And also do observe, perform, fulfil and keep from time to time, all things, clauses, and articles touching bailiffs and Collectors, contained and mentioned in the statute for the true answering of the king's revenues, made in the Parliament holden at Westin in the seven. year of the Reign of our late Sovereign King E. the vi. And if it shall happen at any time hereafter during the time that the said I. M. shallbe bailiff & Collector, as is aforesaid, any of the surety or sureties now bounden for the said I. M. to die, or decay, or shall be misliked and thought not able and sufficient by the Treasurer and Chancellor of the Exchequer for the time being, to answer and pay all such sums due, or to be due by the said Collector for his said office, according to the true meaning hereof: Than if the said I M. do within one month next after the death or decay of any the person or persons above bounden, or after notice to him to be given of such misliking, as is aforesaid, of any the said persons so bound, find, name, cause, and procure, such able and sufficient person and persons, as by the said Treasurer & Chancellor of the said Exchequer for the time being shallbe thought meet & convenient to be surely bound to our said sovereign Lady her heirs & successors, in the steed & place of him or them so dead, decayed, or misliked & thought insufficient as aforesaid, and in such sum or sums of money, and upon such condition, & in such sort, as he or they which so shallbe dead, decayed, or misliked, as is aforesaid, stood, be, is, or shallbe bound at the time or times that he or they shall die, decay, or be misliked & thought unmeet, as is aforesaid. And that as often as any such doth decay, or any misliking shall happen during the time the said I. M. shall remain and be bailiff or Collector of the premises, as is aforesaid: That then this Recognisance to be voided and of none effect, or else etc. ¶ A Condition to exercise a Bailiwicke. THe Condition etc. that if the within bounden I A. well & truly Sect. 227. exercise & occupy the office of the Bailiwicke of the hundred of C. under y● within named E. T. being sheriff of E. & be ready & attendant to the said Sheriff and his deputy, at all times when he shall be required, in executing his said office of Shirifewike, and discharge & save harmless the said Sheriff against our sovereign etc. and all other persons, for executing of all manner of process, precepts, warrants and commandments to be directed, executed & done by the said I. & of all prisoners as shallbe in his custody, and well & truly content & pay to the same sheriff, his executors or assigns, all the issues, revenues, & profits of the said hundred, whereof the certainties amount to the sum of iiil. l. by the confession of the said bailiff, to be paid duly at the feast of E. etc. And also levy, content & pay to the said shirif, all such green ware, pipe silver, & issues, as the said sheriff shallbe charged within the said hundred, & as shallbe extreated out to the said bailiff together, to be paid to the said Sheriff afore the said feast etc. That then etc. ¶ A Condition to resign a Vicarage. THe Condition etc. that if the within bounden E. S. within one Sect. 228. month next after request to him to be made by the within named W. C. or his certain Attorney, do well & sufficiently resign the vicarage perpetual of the Church of D. in the county of E. in the diocese of L. & C. in the hands of the ordinary of the said place for the time being, to the intent that the said Ordinary shall institute & induct the said W. or such other person as the said W. shall for that purpose name Vicar of the said Vicarage, That then etc. ¶ A Conditions to renew Sureties. THe Condition etc. That if the within bounden I M. & T. D. or Sect. 229. one of them, their heirs, executors etc. do well and truly content and pay, or cause to be contented and pa●e● unto the within named W. M. his executors etc. the sum of xx. li. etc. in manner and form e following etc. And further, if at any time hereafter before the said sum of xx. li. be fully paid, as is aforesaid, it shall happen the said I M. and T. C. or either of them to die: Than the suruivor of the said I. and T. together, with one good, able, and sufficient person as surtie, shall in steed of him that shall so departed, within three Months next after the death of him that so shall departed, become & stand bound to the said W. M. his executors or assigns, by an other good and sufficient writing obligatory, for the payment of the said xx. li. or so much thereof, as shall then be and remain unpaied, in such manner and form, to all intents & purposes, as are contained in this present Obligation (the said W. his executors or assigns, upon the sealing and delivery of the said new writing obligatory, delivering out the old Obligation then remaining to be canceled) That then etc. Defeasances, ¶ A Defeasance of an Obligation. THis Indenture made etc. Between E. W. and Sect. 230. W. W. witnesseth, that whereas the said W W. standeth bounden unto the said E. W. by one Obligation, bond, or writing obligatory bearing date hereof in the sum of two hundred pounds, payable at the feast of Easter, next ensuing the date hereof, as thereby appeareth: That yet nevertheless, the said E W. is contented, and for himself, his executors and administrators, & every of them, doth covenant, grant, promise, and agreed, to, and with the said W. W. his heirs etc. by these presents, that if he the said W. W his etc. do well and truly pay, or cause to be paid unto the said E. his etc. one hundred pounds of etc. upon the feast day of the Ascension of our Lord God, which shallbe in the year of our Lord God 1599 in the South Porch of the parish Church of R. in the County of Y. That then and thenceforth the said Obligation, bond, or writing obligatory to be utterly voided & of none effect in the law, or else to stand, remain and be etc. In witness whereof the said parties to these present Indentures interchangeably have set their hands and seals the day and year first above written. ¶ A Defeasance of a Recognisance for the payment of money at several days. THis Indenture etc. Witnesseth, that whereas R. W. of D. in the Sect. 231. County of E. yeoman, and T. L. of C. in the County aforesaid yeoman, by a certain Recognisance provided for the recovery of debts taken, recognised, and sealed before Sir C. W. knight, chief justice of the King's Bench, bearing date the day of these presents, stand and be jointly and severally bounden unto T. L. of C. in the county of E. yeoman, in the sum of one hundred pounds sterling, to be paid as in the same Recognisance thereof made more plainly doth appear: Nevertheless, the said T. for him, his heirs and executors, willeth & granteth by these presents, that if he the said R. & I. their heirs, executors, or assigns, or any of them, do truly content and pay, or cause to be contented and paid unto the foresaid T. his heirs, executors, or assigns, the sum of xl. pounds, of good and lawful money of England, in manner and form following: that is to say, In the feast of etc. five pounds, at the dwelling house of the said T. where he now inhabiteth: And the first day of May etc. five pounds, at the said house, and so forth from year to year, & half year to half year every first day of May next & immediately ensuing one another, at the house of the said T. as is aforesaid, five pounds, until the said sums of xl. pounds be fully contented and paid: That then etc. ¶ A Defeasance to make a Lease, according to an old lease thereof, and for quiet occupation thereof. THis Indenture etc. Between T. W. and B. his wife, and G. M. Sect. 232. of etc. Witnesseth, that where the said G. M. by his deed indented, bearing date the xxviii. day of M. in the iiii. year of etc. have demised, granted, and to farm let unto the said T. W. and B. his wife, all those his sheep pastures, leazes, feedings, and commons, set, lying, and being in the manners of S. and N. in B. in the county of N. with all and singular etc. To have, hold, and occupy the same to the said T. W. and B. their executors and assigns, from the day of the date of the said deed indented, for and during the term of xxi. years thence next following, as by the tenor of the said deed indented more plainly it doth appear. And whereas the said G. M. personally standeth bound before the Queen's Majesty in her high Court of Chancery by a Recognisance there knowledged, bearing date etc. unto the said T. W. & B. his wife, in the sum of etc. as by the tenor of the same Recognisace enrolled in the said Court, doth & may more plainly appear: It is therefore covenanted, c●●●●●sc●nded, fully concluded and agreed between the same parties, and the same T. W. & B. his wife, for themselves, their etc. do covenant and grant, to, and wi●h the said G. M. his etc. that if he that said G. M. his etc. within one year next after the full end, expiration, & determination of the said xxi. years, & after a reasonable & convenient request to the said G. M. his etc. had & made by the same T. W. and B. his wife, or any of them, or the heirs etc. of them, or of any of them, make, seal, and deliver, or cause to be made, sealed, and delivered, a good, sufficient, sure, and inde be afible new lease of the same sheep pasture etc. unto the same T. W. & B. his wife, or the longest liver of them, if either of the same W. or B. then fortune to be dead. To have and to hold the same, for, and during the term of xx. years next ensuing, with only such & no more rend res●●ued for the same; and such like, and no more nor other articles, agreements, or covenants, then be contained in the Indenture afore mentioned (the names of the parties thereunto, the date & expiration of the same new lease, and other things of course, & not of substance or effect only to be changed & altered in the same, and that by tha●●e●● or mutual agreement of both the parties to the same, according to the true meaning & intent hereof.) And also if the same T. W. & B. their heirs etc. shall quietly have, hold, occupy, & enjoy the same premises, by all the time of the term of the said xx. years, according to the tenor of the new appointed lease, paying such rent as is reserved and contained in the same Indentures, without any lawful eviction or disturbance of the said G. M. his heirs or assigns, or any other by him, his, or any of their procurement or commandment: That then etc. ¶ A Defeasance of a Statute staple for debt. THis Indenture etc. Between E. C. of etc. and I A. I. B. & I G. Sect. 233. of the other party, Witnesseth, that whereas the said I. A. I. B. and I G. by one writing or Recognisance, bearing the date hereof, made according to the Statute provided & set forth for the recovery of debts, sealed, taken, and acknowledged before Sir T. D. knight, Mayor of the Staple at Wes●●●, & W. F. Esq. Recorder of the city of L. are, & stand jointly and severally bounden to the said E. C. in the sum of CE. pounds, of lawful money etc. as by the same writing or Recognisance appeareth. Nevertheless, it is agreed between the said parties, and the said E. C. is contented and pleased, and by these presents, for him, his executors, etc. doth covenant etc. to & with the said I. A. I. B. I. G. and every of them, their etc. in manner & form following: that is to say, That if the said I A. I. B. and I G. or any of them or etc. do well and truly pay, or cause to be paid unto the said E. C. his etc. the sum of one hundred pounds of etc. at, or in the now dwelling house of I. C. etc. in the County of S. in, and upon the iiii. day of etc. (if the said E. C. & E. C. daughter of the said E. C. or either of ●hem shallbe then living in this transitory life,) That then the said writing or Recognisance of etc. shallbe utterly voided and of none effect, as though the same had never been made. In witness etc. ¶ A D. feasance of a Statute knowledged before the chief justice of the common Place. THis Indenture etc. Between E. W. of etc. & W. W. of etc. Witnesseth, Sect. 234. that where as the said W. W. standeth ●ounden unto the said E. W. by one Statute, Recognisance, or bond, bearing date hereof, knowledged before Sir E. A. knight, Lord chief justice of the common Pleas at Westminster, in the sum of CC. pounds, payable at the feast of Easter next ensuing the date hereof, as thereby appeareth: That yet nevertheless, the said E. W. is contented, and for himself, his executors etc. and every of them doth covenant, grant, promise, and agreed, to and with the said W. W. his heirs etc. that if he the said W. W. his heirs etc. do well and truly pay, or cause to be paid unto the said E. his executors etc. one hundred pounds of etc. upon the feast day of etc. in the South porch of the parish Church of Saint D. situate in Fleetstreet in London, That then etc. ¶ In like manner may all other Defeasances of Statutes Merchant, and single Recognizances knowledged in the Chancery, or else where be made, Mutatis mutandis. And so we think we have sufficiently discoursed of the sundry forms of Conditions, and Defeasances of Obligations and Recognizances, unto which, Feoffements seem by good right worthy to be next placed. ¶ Feoffements. ¶ Of Feoffements, and what a feoffment is. A feoffment, Feoffamentum, or rather Feufamentum, for it Sect. 235. seemeth to be derived of Feudum, a Gottish word, so called a fide vel fidelitate, which is defined of the Civil Lawyers, A loving and free grant of a thing either immovable, or of like nature, by transferring of the use and profit thereof, retaining the very property under the doing of Fealty, and other services. And of some it is said to be a kind of protection or patronage, safeguard, or homage, whereby some dignity, pension, or ground, is in such manner given or granted to any man, that he and his heirs and posterity should for ever acknowledge the author of the same good turn, and worship him as their Patron or Lord, and defend his person, honour, lands, & goods &c. By which I gather, that Feoffamentum generally signifieth donationem feudi. But with us it is properly any gift or grant of any honours, castles, manors, messages, lands, or other corporal immovable things of like nature, to another and his heirs for ever, by the delivery of seisin and possession of the thing given, whether the gift be made by word or writing. And when it is by writing, it is called a deed of feoffment. And in every feoffment the giver is called the feoffor, feoffator: and he that receiveth by virtue thereof the feoffee, feoffatus. As in these examples following. ¶ A feoffment of lands descended. SCiant etc. quod ego I N. de P. in comit' N. yeoman, filius & haeres Sect. 236. R. N. nuper de P. praedict' defuncti, vendidi, concessi, & hac praesenti charta mea confirmavi W. F. decem acras terrae cum pertinent', jacent & existent in villa & parochia de B. in comitatu predict', videlicet, inter terram etc. Quae quidem decem acr terr' cum pertinentijs nu ꝑ fuerunt praed' R. P. patris mei, & quae per & post mort̄ ipsius R. mihi praefat' I. ut filio & haeredi eiusdem R. iure haereditario discendebant. Habend' & tenend' praedict' decem acras terr' cum pertinentijs praef. W. haeredibus & assignatis suis in ꝑpetuum de capitalibus dominis faeodi illius, per seruitia inde debita, & de iure consueta, ad opus & usum dicti W. haered' & assignatorum suorum imperpetuum. Et ego vero praef. I. & haeredes mei praedict' decem acras terr' cum pertinentijs praef. W. haeredibus & assignatissuis, contra omnes gentes warrantizabimus imperpetuum per praesentes. In cuius rei etc. ¶ A feoffment of lands purchased according to an Indenture etc. SCiant etc. quod ego I P. ad instantiam & requisitionc W. F. ac in Sect. 237. complementum & executionem certarum conventionun & concession contenta 〈…〉 cificat in quibusdam Indentur, geren datam quarto die I. ultimo praeterito ante datum praesentium, factis inter me praefatum I ex una part, & praedict' W. ex altera part, dedi, concessi, & hac praesenti charta mea confirmavi eidem W. totum manerium meum de D. in S. cum pertinentijs in comitat' E. una cum omnibus terris & tenementis, pratis, pascuis, pasturis, boscis, & subboscis, reditibus, reversionibꝰ, & seruitijs, & omnibus suis pertinentijs eidem manerio spectantibus sive pertinentibus, quae ego praedict' I. nuper habui mihi, haered', & assignatis meis, ex dono & feoffamento N. K. Habend' & tenend' totum etc. ut supra. ¶ A feoffment in fee, with a Letter of Attorney. SCiant pnsentes & futuri quod ego W. H. gen, dedi etc. W. C. manerium Sect. 238. meum de T. etc. Habend' & tenend' praedict' manerium cum omnibus etc. praef. W. C. & I S. haeredibus & assignatis suis imperpetuum. Et ego vero praedict' etc. Et ulterius sciant me praefat' W. feciste, ordinasse, constituisse, & in loco meo posuisse dilectos mihi in Christo R. F. & W. S. meos veros & legitimos Atturnatos, coniunctim & divinmm, ad intrand' & possessionem capiendam pro me, & in nomine meo, de & in praedict' manner, terris, tenementis, recuperation & seruitijs, cum omnibus suis pertinentijs, & post huiusmodi possessionem sic inde captam & habitam, dein de pro me, & in nomine meo, plenam & pacificam possessionem & seisinam inde praefatis W. & I aut eorum in hac part atturn̄ sive atturnatis deliberandum, secundum tenorem, vim, formam, & effectum huius praesentis chart̄ meae: Ratum & gratum habens & habiturus totum & quicquid praedict' Atturnati mei seu eorum alter nomine meo fecerint, vel alter eorum fecerit in praemissis. In cuius rei etc. Dat' etc. ¶ A feoffment in fee of a Decree in the Chancery. SCiant etc. quod ego I B. ad instantiam & specialem requisitionem Sect. 239. R. P. necnon vigore & aucthoritate cuiusdam decret̄ super petitionem eiusdem R. P. in Cancell' domini Reg. de & super manner de L. cum pertinent in comit' E. versus me habit: Tradidi, dimisi, liberavi, & hac praesenti charta mea confirmavi eidem R. praedict' manner cum pertinenti●s praefat' R. haeredibus & assignatis suis in perpetuum, ad usum eiusdem I haered' & assignatorum suorum, secundum vim, formam, & effectum decreti praedicti. Habend' etc. ●● cuius rei testimonium etc. ¶ A feoffment of the moiety of a Manor recovered by awrit of Entre in the Post. SCiant etc. quod ego I D. pro summa quadraginta libr' etc. mihi Sect. 240. per R. F. prae manibus solut, de quibus quidem xl. li. fateor me plenary fore satisfactum & persolutum, dictumque R. haered', executores, & administratores suos inde esse acquietoes & exoneratos per praesentes: Dedi, concessi, & hac pnnti charta mea confirmavi eidem R. medietatem manerij de S. cum pertinentijs, ac unius mesuagij, unius gardini, xx. acrarum terrae, x. acr prati, xl. acr pastur', & xx. solid' redit' cum pertinent in T. & C. in come E. Quam quidem medietatem omnium & singulorum praemissorum cum pertinent, ego praedict' I. D. in cur' domin' Reg. coram I B. Milite & socijs suis Iustic' ipsius dnae Reg. apud W. nuper recuperavi versus N. P. & I vxor' eius, per breve dictae dominae Reg. de ingressu super disseisinam in le Post, prout inter record' de termino S. Hillarij, anno regni H. viii. etc. plenius apparet. Habend' & tenend' totam praedict' medietatem dictorum manerij, terr', & tenementorum, ac caeterorum praemissorum cum suis pertinentijs praefat' R. haeredibus & assignatis suis in perpetuum etc. ut in alijs chartis praecedent'. ¶ A feoffment in fee of lands by Executors etc. OMnibus Christi fidelibus ad quos hoc praesens scriptum pervenerit, Sect. 241. W. & I executores testamenti R. W. etc. salut in domino sempiternam. Cum praedict': R. per testamentum lectum & proclamatum in Hustingo London̄ certo die etc. proxim' post festum S. Barnabae, anno Regis H. viii. etc. nineteen. dederit & legaverit 1 uxori suae, tria tenementa sua cum pertinentijs quae habuit in dicta civitate, unde unum tenement' situatum est & jacet in parochia sanctae M. virgins in Fanchestreete, inter tenementum etc. Et aliud tenementum situat̄ est etc. Et tertium tenementum situatum est etc. Habend' & tenend' praedict' tria tenementa cum suis pertinentijs, praefat' I. ad terminum vitae sue. Et post decessum predict' I. voluit & legavit antedictus testator, quoth pndict̄ tria tenementa cum ꝑtinentijs Agnet̄ filiae & haered' de corpore suo legitime ꝓcreatis integre remanerent, & pro defectu haeredis de corpore eiusdem Agnet̄ legitime procreati, voluit & legavit predict' testator, qd' praedict' tria tennta cum suis pertinentijs, nobis praedict' W. & I & executoribus nostris integre remanerent ad vendendun, & pecuniam suam inde percipiendam in operibus cha●itatis disponend', prout in eodem testamento plenius continetur. Et quia praedict' I. obijt, & praedict' A. similiter sine haeredibus de corpore suo legitime procreat' decessit. Sciatis nos praefat' W. & I executores dicti testamenti prefat' R. aucthoritate dicti testamenti, dimisisse, concessisse, & hoc praesenti scripto nostro confirmasse, ac pro quadam pecuniae summa inde in complementum executionis dicti testamenti prae manibus solut, vendidisse R. L. de Lond' civi & mercatori London, praedict' tria tenementa cum suis pertinentijs. Habend' & tenend' eidem R. haered' &c. In cuius rei etc. ¶ A feoffment in London. SCiant etc. quod nos C. T. & K. T. dimisimus & feoffauim' W. R. Sect. 242. filio W. R. I. W. & I R. de Lond', duo tenementa nostra cum domibus, cellarijs sollarijs, gardinis, & omnibus alijs suis ꝑtinentijs, scituatis in vico vocat' S. M. in parochia sanct̄ A. super Cornhill London, scilicet inter etc. Quae quidem etc. cum suis pertinent nos pndict̄ C. T. & K. T. nuper habuimus coniunctim, ex dimissione & feoffamento pndict̄ W. R. filij dicti W. R. et I R. fratris eius, ꝑut in quadam charta per praefat' W. R. et I R. inde nobis confecta, cuius datum est etc. continetur. Habend' & tenend' praedicta tennta etc. Dat' etc. ¶ A feoffment in fee of a Hundred. OMnibus Christi fidelibus ad quos praesens scriptum pervenerit, Sect. 243. R. R. Miles salut in domino. Cum dns Rex nunc xxxj. die Maij, anno regni sui quintodecimo, perliteras suas patentes dederit et concesserit mihi prefat' R. R. inter alia Hundred ' de B. in Commit E. cum omnibus iuribus, finibus, amerciamentis, wrec' maris, & alijs emolumentis & commoditatibus eidem Hundred ' debit' spectantibus sive pertinent quovismodo. Habend' & tenend' Hundred ' pndict̄, ac caetera praemissa cum pertinent mihi pref. R. R. haered' et assignat' meis, de dicto dno Rege & haered' suis, per seruitia inde ab antiquo debita & de iure consueta in perpetuum, prout in eisdem literis plenius continetur. Noveritis me praefat' R. R. per praesentes, dedisse, concessisse, & confirmasse, & virtute et aucthoritate licentiae mihi per dictum dominum Regem, ꝑ dictas literas suas patentes concessisse reverendo in Christo patri & domino R. permissione divina B. & W. Epo, R. L. Militi, R. B. T. H. civibus et Aldermannis London, & W. C. seruienti meo praedict' hundredum de B. cum omnibus etc. Habend' & tenend' idem hundred ' etc. ac caetera praemissa cum pertin●̄tijs praef. Episcop R. L. R. B. T. H. & W. C. haeredib' & assignatis suis de dicto domino Rege & haeredibus suis, perseruitia inde ab antiquo debita, & de iure consueta imperpetuum. Et ego vero etc. warrantizabimus etc. Et ulterius noveritis me praef. R. L. per praesentes, fecisse, constituisse, & in loco meo posuisse dilectos etc. ¶ A feoffment in fee to the husband and wife. SCiant etc. quod ego R. B. dedi etc. A. T. de eadem, & E. uxori suae, Sect. 244. totum illud mesuag' meum quod ego habeo in dict' villa de S. situatum etc. Habend' & tenend' &c. In cuius etc. ¶ A feoffment in fee of Copybold lands. OMnibus etc. T. B. Miles dominus manerij de W. in comitatu E. Sect. 245. salutem in dno sempiternam. Cum I M. ad Curiam tentam apud manerium de W. pndict̄ die Lunae ꝑximo post festum S. Hill' Episcopi, anno etc. praesens in Cur' sursumreddidit in manus domini manerij pndict̄ duo tenementa haereditabilia, unde unum est cum domibus edificat, et aliud tenementum non edificat, ac certa terr' & marisc' eisdem tenntis spectant cum oibus suis pertinentijs, quondam vocat' H. jacent in W. praedict', ad opus W. T. & I vxor' eius, & haered' suorum. Quibus dominus per Seneschallum suum concessit inde seisinam, tenendum eisdem W. et I. uxori eius, haered' & assign' per virgam ad voluntatem domini, secundum consuetudinem manij, per seruitia & consuetudines inde debita, & de iure consueta inperpetuum, prout per rotulum Curiae praedict' latius patet: Posteaque predict' I. obijt vivente predict W. viro suo, & idem W. legitim possessionat̄ existens, de, & in praedict' duobus tenement' ac caeteris ꝓmmissis ut ꝓndictum est, in forma praedict', eadem duo tenementa ac caetera praemissa cum eorum pertinent in manus meas nuper sursumreddidit, ad intentionem quod ego praedict' duo tenementa ac eaetera pmmissa cum suis pertinent, per chartam meam sigillatam cuidam R. T. dimitterem, traderem, liberarem, & confirmarem. Super quo sciatis me praefat' T. B. pro quadam pecuniae summa etc. dimisisse, tradidisse, liberasse, et hoc pnsenti scripto meo indentato confirmasse praefat' R. D. praedicta duo tenementa, ac praedict' terr' & marisc' eisdem tenementis spectant, cum omnibus suis pertinentijs. Habend' etc. praefat' R. D. haeredibus & assignatis suis, libere, quiet, bene, & pacifice per chartam inperpetuum. Reddendo inde annuatim mihi praefat' T. B. et haeredibus & assignatis meis dominis manerij pndicti pro tempore existent, decem solid' legalis monetae Angliae, ad festa Paschae & sancti Michaelis archangeli per aequales portiones, & sectam curiae in manio meo pndicto cum acciderit: Ac etiam ultra hoc reddendo ad quamlibet alienationem seu venditionem pndictorum duorum tenementorum, ac caeterorum praemissorum pndict̄ mihi & haeredibus meis dominis manerij praedict' ꝓ tempore existent viii. s'. legalis monote Angl' pro omnibusreddit̄, seruicijs, & demandis quibuscumque. Ita quod si & quoties contingit pndict̄ annualem reddit' decem solid', aut pndict̄ reddit' viii. s'. aut dictam sectam cur', cum ut praefertur solui debeat, aretro fore in part vel in toto post aliquem terminum solutionis inde praelimit contra formam pndict̄, qd' tunc & toties bene liceat & licebit mihi praef. T. B. haered' & assignat' mei● dominis manij pndict̄ pro tempore existent', in pndict̄ duo tenem●nta, terras, & marisc' praed', & in quamlibet inde procellam intrare & distringere, districtionesque sic ibidem captas licite asportare, abducere, effugare, decariare & penes se retinere, quousque pndict̄ reddit' sic aretro existent, & omnia inde arrerag' si quae fuerint, nobis plenary fuer' satisfact' & persolut̄. Ac insuper noveritis me praefatum T. B. fecisse, ordinasse, etc. ut in alijs chartis. ¶ A feoffment of lands in ancient demesne recovered there by fine. SCiant etc. quod ego I D. vendidi, dedi, concessi, & hac praesenti Sect. 246. charta mca confirmavi I S. ●llastres toftas terrae cum pertinent vocat' C. prout insimul jacent apud H. infra parochiam de H. in come E. viz. inter terras etc. Ac etiam quendam annualem redditum trium solidorum & novem denariorum, leuand' & percipiend' de tenement' sequent, scilicet de R. B. pro uno tenemento & certa terra in H. vocat' G. duos solid' & sex denarios, & de N. P. pro uno tennto & uno gardino adiacente in H. pndict̄ vocat' P. xv. denar ad duos anni termin, viz. ad festa Pasch. et S. Mich. per equales portiones annuatim soluend', quae nuper habui a T. M. & A. uxore eius, virtute cuiusdam finalis concordiae fact' in curia dominae K. Reg. Ang. prae charissimae consortis H. viii. dei gratia Angliae etc. manerij sui de H. ibidem tenta decimo die Feb. anno regni dicti domini Regis tricesimo quinto, coram A. B. & C. D. ballivis ip s●u● Reginae manij sui pndict̄, ac P. D. R. C. I. W. & E. K. sectatoribus curiae illius, inter me praefat' I D. quer', & praedict' T. M. & A. iam ux. eias deforc', prout in fine praedict̄●quet manifest. Habendum etc. ut in alijs chartis. ¶ Feoffamentum ad intentionem refeoffandi. SCiant etc. quod ego M. C. dedi etc. W. B. totum illud mesuagium Sect. 247. etc. Habend' etc. praefat' W. B. & haeredibus suis etc. ad eam intentionem quod idem W. B. aut haered' sui infra decem dies prox. sequent post datum huius praesentis chartae meae, refeoffabit seu refeoffari faciet me prefat' M. C. ac quosdam I K. & A. C. quam quidem A. idem I. Deo favente ducet in uxorem, de, & in praedicto mesuagio etc. Habend' etc. mihi praef. M. C. & assignat' meis, ad solum usum mei ipsius M. ꝓ termin vitae meae, absque impetitione alicuius vasti. Et post decessum mei ipsius M. tunc habend' & tenend' praedict' mesuagium etc. praef. I. K. & A. & eorum utrique diutius viventi & haered' masculis de corpore ipsius I K. legitime procreat', ad solum usum ipsorum I & A. & eorum utriusque diutius viventis & haered' masculor de corpore ipsius I. legitim ꝓcreat. Ita quod ꝓ defect' haered' masculi de corpore dict' 1 legitim procreat', praedictum mesuagium etc. post decessum ipsorum I & A. integre remaneat mihi praefat' M. & haered' meis inperpetuum etc. ut in alijs chartis. ¶ A refeoffement. SCiant etc. quod nos T. P. & W. S. ad specialem instantiam I M. dimisimus, Sect. 248. tradidimus, feoffavimus, liberavimus, & hac pnsenti chart̄ nostra confirmavimus eidem I. ac M. uxori eius totum illud mesuagium etc. Quod quidem mesuagium cum praedict' duabus acris terrae cum pertinentijs, nos praenominati T. P. & W. S. nuper coniunctim habuimus nobis & haered' nostr' inperpetuum, ex dono, concessione, feoffamento & chart confirmat I M. ꝓut in quadam charta cuius dat' est primo die Augusti ultim praeterito, ante dat' praesentium inde nobis confect', plenius apparet. Habend' &c. In cuius rei testimon etc. ¶ A feoffment of lands given by Testament. SCiant etc. quod ego I M. dedi, concessi, & hac pnsenti charta mea Sect. 249. indentata confirmavi T. P. & W. S. unum mesuagium etc. Quod quidem mesuagium etc. nuper fuerint N. F. defuncti. Et quae idem N. per suum testamentum & ultimam voluntatem factum & declaratum in script', secundum formam statuti inde provifis, mihi praefato I & haeredibus meis nuper dedit & legavit, prout in testam ultimae voluntatis praedictae, cuius datum est primo die Maij, anno Domini etc. & anno Regni H. viii. Dei gratia etc. plenius continetur. Habend' sub forma & conditione sequentibus, videlicet, quod praedict' T. P. & W. S. vel haeredes aut assignati sui cum inde requisite fuer', refeoffabunt me prefat' I. M. ac quandam M. uxorem meam, de, & in praedicto mesuagio etc. Habendum & tenendum nobis praef. I. & M. ac haered' & assignatis meis praedict' I. imperpetuum. In cuius rei testimonium uni parti praesentis chartae meae indentatae penes praefat' T. & W. remanent, Ego praedict' I. M. sigillum meum apposui. Et quia idem sigillum meum quampluribus est incognitum, ideo sigilla honestorum virorum R. R. R. S. & E. K. testium in testamento & ultima voluntate praedict' N. F. nominator, & specialiter vocat', praesentibus apposui & apponi ꝓcuravi. Et nos praedicti R. R. & E. ad specialem instantiam & personalem rogatum praedict' I. M. praesentibus sigilla nostr' apposuimus in fidem & testimonium omnium praemissorum: Alteri vero inde parti penes me praefat' I M. residenti, praedict' T. P. & W. S. sigilla sua apposuerunt. Dat' etc. ¶ A feoffment of a Manor. OMnibus Christi etc. ad quos etc. peruen̄, E. N. Miles cancellar̄ Sect. 250. Curiae augmentat Coronae domini Regis, Salutem in domino sempiternam. Sciaris quod ego praef. E. N. virtute vigore & aucthoritate licentiae Reg. ad infrascript̄ faciend' praemiss. habit̄ & obtent̄, ac pro quadam pecuniae summa mihi prefat' E. p I W. Milit Thesaur Cu● praed', prae manibus bene & fideliter persolut̄, tradidi, feoffavi, vendidi, barganizavi, & hac praesenti charta mea, confirmavi I W. totum ill' manerium meum de R. in comitatu O. cum suis membris & pertinentijs universis, nuper Monaster de S. dudum spectant & pertinentibus. Necnon patronat, aduocation, nomination, praesentac', & ius patronatus Ecclesiae & rectoriae de R. in comitatu O. dict' nuper Monasterio de S. dudum spectant & pertinentia, ac etiam omnia & singula maneria, mesuagia, grang', molendina, domos, aedificia, hortos, columbar̄, pomar̄, gardina, terr', tenem, prat̄, pastur', & pascua, bosc', subboscos, vias, communias, aquas, piscar, stagn̄, viuar̄, estuar, parcos, warrenn̄, vasta, mora●, iampn̄, bruer̄, mariscos, tam falsos, quam dolces, reversiones, seruic', reddit', & proficua sup quibuscunque dimissionibus & concessionibus reseruat, redd' & firm̄ omnium tenent & firmarior ad termin̄ vitae & annorum ꝑ copiam curiae & customar̄, redit', seruic', redit' oneris, redit' siccos, annuitates, ac feod' firm̄, feod' militum, cur', letas, vis. fran cipleg', ac oina quae ad vis. francipleg. ptinēt, nativos, & villanos, cum eorum sequel', bona & catalla waviata, bona & catalla felon' & fugitivorum, utlagatorum, attinctorum, & in exigendis posit̄ ' eschaet, relevia, extrahur̄, libertates, franches, iur̄, iurisdictiones, privilegia, & omnia alia proficua, commoditates, possessiones, & haereditamenta mea quae cunque cum eorum pertinentijs universis, situat̄, iacent, & e●istent̄ in villa, campis, parochia, seu han●let̄ de R. parva, in dicto comitatu O. Ac etiam reversiones & redit' omnium & singulorum praemissorum, & cuiuslibet inde parcell', ac omnes & singulos boscos & subboscos, & arbores quascunque super eisdem cres●ent̄ sive existent'. Adeo plene, libere, & integre, ac in tam amplis modo & forma, ac cum omnibus eisdem & huiusmodi & consimilibus l●bertatibus, privilegijs, iurisdictionibus, franchesijs, iuribus, proficuis, & commoditatibus quibuscunque, prout dictus Rex nunc Henr viii. dei gratia etc. ꝑ literas suas patentes sub magno figillo suo Angliae confectas, gerentes datum apud Westmonaster̄ decimo octavo die etc. anno regni sui etc. mihi praefat' E. N. ac haeredibus & assignatis meis iamdudum inter alia dedit & concessit, & adeo plene, libere, & integre, & in tam amplis modo & forma, prout praemissa aut aliquam inde parcell' modo habeo, seu habere debeo, ratione, vigore, & virtute dictarum literatum patentium inde mihi ut pfertur confect', aut aliter quocunque modo. Habendum, tenendum, & gaudendum praedict' manner de R. & praedicta mesuag', terras, tenementa, prata, pascua, pasturas, redit', reversiones, seruitia, advocationes etc. ac caetera omnia pmmissa superius expressa & specificat, cum eorum pertinentijs universis praefato I W. ac haeredibus & assign' suis imperpetuum, ad solum & proprium opus & usum ipsius I W. haeredum & assignatorum suorum imperpetuum. Reddendo inde annuatim dict' domino Regi, haeredibus & successoribus suis x. li. bonae & legalis monetae Angliae, ad dictam Curiam Augmentationum reuenc' Coronae Regiae, ad festum S. Mich. archangel' singulis annis soluend' pro omnibus alijs seruitijs, sectis, & demandis quibuscunque eidem domino Regi, haeredibus vel successoribus suis quovismodo reddend' soluend', vel faciendis. Tenend' &c. In cuius etc. Livery of seisin. ALbeit deeds of feoffment thus made be sealed & delivered Sect. 251. by the feoffor unto the feoffee, and openly read, yet the things in such Charters contained pass not without livery of possession and seisin, Litt Sect' 59 & 60. For no feoffment can be made without Livery of seisin. It is meet therefore I should show what Livery of seisin is, and to what end it was invented, and how it aught to be made. It is termed in Latin, Traditio possessionis, Inuestitura, vulgo deliberatio seisinae, which is nothing else, but datio possessionis, for Tradere non significat rei proprietatem da●e, sed rem ipsam accipienti porrigere eiusue possessionem ad illum transfer. Wherefore we may well define Livery of seisin to be a Ceremony in our Law, used in the conveying of lands or tenements, or other things corporal (for of things incorporal no Livery of seisin may be) by feoffment from one man to another, in fee simple, fee tail, or for the term of life, as an argument or token of the willingness of the feoffor to departed with, & of the feoffee to receive the thing whereof the feoffment is made. Which was ordained at the first, that the common people might thereby have notice of th'alteration of such estates, and so better know in whom the right thereof remained, for their common quiet and repose. Perkins 209. 210. Bracton Lib. 2: cap. 18. Sect'. 1. 2. The usual manner of delivery of seisin of houses, lands or tenements is, that the feoffor and feoffee if they be present, or in their absence, their Procurators or Attorneys (by sufficient warrants of attorney in writing) do come to the house or place whereof seisin is to be delivered: And there in the presence of sundry good witnesses openly read, or cause to be read, the deed of feoffment and letter of Attorney thereof, or to declare the very effect thereof before them in English. Which being so done, the feoffor or, his Attorney must take a clot of earth, or a bough, or a twig of a tree thereupon growing, or the ring or haspe of the door of the house, and deliver the same with the said deed unto the feoffee or his Attorney, saying: I deliver these unto you in name of possession and seisin of all the lands and tenements contained in this deed, to have and to hold according to the form and effect of the same deed. If the feoffment be without deed (as it may well be) then at the time of the delivery of seisin, must be expressed the very estate which the feoffee must have thereby. In delivery of Seisin, all persons having any lawful possession or seisin in the thing of which seisin is to be delivered, aught either to join together in the making of the Livery of seisin, or to be removed thence, as lessees for years, or for life: for every Livery aught to bring an immediate possession unto the feoffee, Littleton Sect ' 61. & 418. Also if the feoffment be of divers parcels of lands lying in several Towns in one County, Livery of seisin in any part thereof sufficeth for all, if they be then in the feoffors' possession and out of lease. But if they be in divers Counties, or in lease, or out of his possession, it is convenient that he enter into every parcel thereof and make Livery of seisin in every several parcel thereof, for he can give no possession unto his feoffee if he have it not in himself at the very instant of the delivery of seisin made, Littlet cap. 18. Sect ' 1. And Bracton saith, Non iaceb●t seisina aliquo tempore medio vacua. By Livery of seisin the feoffor transferreth unto the feoffee all that he hath in the things whereof the Livery is made, according to the state thereupon limited. If two several deeds of feoffment be made to two several persons of one self thing it passeth unto him unto whom seisin is first delivered according to the verse. Rem domino vel non domino vendente duobus, In iure est potior, traditione prior. Where the gift or grant is of lands or tenements in lease, they commonly pass by Atturnment of the particular tenants thereof, & not by Livery of seisin. And the like order is to pass things which cannot pass but by grant in writing, as services, reversions, remainders, rents, commons etc. of which it shallbe entreated in the Chapter of Grants, Litt Sect ' 283. Also by every Livery of seisin passeth an estate of freehold at the lest. ¶ The manner of endorsing or entering of Livery upon deeds of feoffment by the feoffor to the feoffee in their own persons, Thus. Memorandum, quoth x. die Martij, anno etc. plena & pacifica possessio Sect. 252. & seisina de manerio & tenementis infraspecificat cum pertin', data & deliberata fuit per infranominat A. B. infranominat C D. in proprijs personis suis, secundum vim, formam, tenorem, & effectum chartae infrascript, in praesentia eorum quorum nomina subscripta sunt, videlicet. A. B. C. D. E. F. & aliorum. Subscribing the names of the witnesses present thereat. Or by their Atturneiss, Thus. ¶ Memorandum, quod x. die Maij, Anno etc. xxxviij. Elizab. Reg. Sect. 253. etc. plena & pacifica possessio & seisina de tenementis infrascript̄ cum pertinent etc., data & deliberata fuit per E. F. et E. H. Attornat infranominat A. B. cuidam G. H. Attornat infranominat C. D. virtut̄ seperal' literat attornat eyes inde confectar, juxta vim, formam, tenorem, & effectum chartae infraspec', & literarum attorn̄ praedict' ut supra, Or thus. Per infranominat E. F. attornat predict' A. B. juxta etc. ut supra. Or to the like effect in Latin or English. Of letters of Attorney to give and receive seistn, shallbe spoken in their place: Albeit they may be inserted in the deeds of feoffment, ut supra. ¶ A Gift or grant in tail. OMnibus Christi fidelibus ad quos hoc presens scriptum indentat Sect. 254. pervenerit, H. Comes A. salutem in domin' sempiternan. Sciatis me praefat' H. Commit A. tamburlaine ꝓ & in consideratione sum etc. bone & legal' monet Ang. mihi pref. Commit per F. B. & S. gen prae manibus bene & fideliter persolut, unde fateor me pref. Comitem plenar̄ fore satisfactum & persolut, eundemque F. haered', executor', & administrat suos inde plene acquit & exonerat esse per presents, quam etiam in part complement̄ quaruadem convention & agreamentorum content, declarat, & specificat in quibusdam Indenturis fact' inter me pref. C. & I D. & I L. vxor' dict filiam meam dict' Commit ex una part, & prefat F. B. ex altera part, geren dat etc. anno Regni dne nostre Eliz. Reg. nunc quinto, Tradidisse, concessise, & hoc praesenti scripto meo confirmasse pref. F. B. omnia illa terr', tenement', prata, pasc', pastur', boscos, subboscos, liberas communias, & hereditament, jacent siue existent in C. & S. in hoc presenti script' indentat inferius express. declarat, seu specificat, omnib' & omnimod' libertat, regalitatibus, iurisdictiombus, privilegijs & franches. de, & in eisdenterr, tenement', & ceteris praemissis, & in qualibet inde parcell' mihi praef Commit, haered' & assign' meis tantummodo & omnino except & reseruat, viz. omnia ill' terr', tennt, prat, pascua, et pastur', modo vel nuper parcel terrarum dominical' praed' manerij de S. in dicto come S. vocat' seu cognit ꝑ nomen vel nomin̄ de B. all as B. street meadow, great P. meadow, Pool head ac M. meadow: Ac etiam totam illam parcell' terr' ibidem vocat' le hill under S. Ac totam illam aliam parcellam terrae ibidem adiacent̄ gardino praed' F. B. in longitudine etc. inter domum dicti F. ibidem novo edificat & quendam campum ibid' vocat' N. & in longitud' inter mess. dict' F. & alt viam ibidem ducent ad etc. Ac etiam totam illam aliam parcellam terr' ibid' vocat' le R. Ac etiam totam illam acr terr' vasti ibid. jacent inter le B. & le C. ac etiam totum illum aque cursum vocat' sive cognit per nomen de le C. per vei sup dictam acran terr' vasti modo curren̄ cum omnibus & omnimod' comijs & profic', membris, & commoditat, & pertin' univers. dict' praemissis seu alicui inde parcel' quoquo modo spectant sive pertin', aut ut membr, parts vel parcel' pmmiss. prius concessor̄ seu alicuius inde parcel' communit ante hac habit, cognit, us: that, locat seu dimiss. existent. Ac omnes & omnimod' boscos, subboscos, & arbour suas quascunque de, in, & saꝑ pmmist. super praeconcess. crescent siue existent, ac solum & fundum eiusdem bosci, nec non rem & recuperation quascunque singulorum praemiss. & cuiuslibet inde parcel', & reddit' & alia annuall' profic', quae cum, de, vel super quib●scunq dimissionibus sive concessionibus praemissorum & cuiuslibet inde ꝑcel' quoquomodo reseruat sive habit̄ sint vacua, libera, vel communia in olbus terr', seu vastis meis infra manner sive domin' meum praed, & in qualibet inde ꝑcel'. Habend & tenend omnia & singula pnd terr', tennta, haereditamnta, & caetera oina & singula praemiss. superius express. & specificat cum omnibus & sing ' suis pertinent prefat' F. B. & haered de corpore suo legitt procreat' & procreand'. Et pro defect' talis exitus remanere inde R. B. filio cuiusdam R. B. de B. in come S. gen & haered' de corpore suo legit procreat', & procreand'. Et pro defect' talis exitus, remanere inde haered' cuiusdam I B. pris pnd F. B. defunct' & de corpore ipsius I. legit procreat' & procreand'. Tenend' de me praef. come A. haered' & assign' meis ut de manner meo de S. pnd' in dict' come S. in lib. socagio & non aliter viz. per fidelitat, & sectan cur' manerij de S. praed' viz. ad duas cur' ibid' super rationabiles monicion vel notitias an● tenend' (vocat' le great Courts) & red inde annuatim mihi praefat' comiti haered' & assign' meis etc. ad festa etc. Et annuat soluend' per equales portiones, ac reddend' inde mihi praef. come haered' & assign' meis post mort̄ cuiuslibet tenent de praed terr' tennt & caeter praemissis unam harietan viz. optimum animal cuiuslibet tenentis vel xxxiij. s. legalis monetae Angl' pro qualibt̄ harieta de tempore in tempus capiend' seu recipien' add electionem mei praef. comitis haered' & assign' meorum capiend' siue recipiend ●ac faciend & reddend' mihi pref. comiti haered' & assign' meis oina alia onera & seruicia quae pro pmmiss. seu aliqua inde parcel' per hoc pnsens script' prius concess. ante hac tempore guerr̄ fieri consuet̄ fact ꝑ consuetud' manner ꝑnd ' ꝓ omnibus alijs seruicijs, relevijs, exactionibus, rebus, & demand quibuscunque ꝓinde quoquomodo reddend, soluend', vel faciend'. Et si contingat pnd' redeit sect' cur' vel hariet vel sum pnd' aut alia onera reseruat in forma praed' aut aliquam inde parcell' aretro fore in pte vel in toto post aliquod festum, aut tempus pred' ad quod solui vel fieri debeat aut debent, quod tunc bene licebit mihi praef. comiti haered' & assign' meis, in oina & singula praed' terr', tenement', & caetera praemiss. cum pertin' & quamlibet inde parcel' intrare & distringere, & districtione, sic ibidem capt' & habit asportare, effugare, & penes me retiner quousque de eisd' seruitijs reddit' oneribus & heriet & summa praed' plenar satisfact' content & persolut fuero seu aliquis nostr' persolut fuerit. Ac etiam si contingat praedict' F. B. aut aliquem haered' de corpore suo legit procreat', aut aliquen haered' de corpore praedict' I. B. pris legit procreat', ad aliquod tempus imposter praed terr' tenement' & caetera praemiss. aut aliquam inde parcel' alienare discontinuare vel vendere per aliquam recuperationem ad communem legem, aut aliter, qd' eisden alienationibus, venditionibus aut recup erationibus non obstant bene liceat & licebit prefat' mihi come, haered' & assign' meis in omnia praed' mesuag', tenement' & caetera pmmiss. cum pertin' & in quamlibet inde parcell' intrare & distringere pro eisd' vel confmilibus reddit' sect' cur' hariot summis seruicijs & alijs oneribus praedict' ut supradict' est secundum veram intentionem huius pnsent script' mei inde confect'. Ac si fore eveniat predict' redd' hariet summam sect' cur' aut alia seruitia & onera praed' extinguend' aut determinand' fore ratione alicuius recuperationis qd' tunc etiam bene liceat, & licebit mihi pref. come, haered' & assign' meis in omnia praed' terr', tenement' & caetet praemiss. cum suis pertin', & quamlibet inde parcel' intrare & distringere ut supradict' est, pro tantis & consimilibus redd' harietis, sum sect' cur' alijs seruit & oneribus superius ꝑ praesentes mihi praef. come & haered' meis reseruat aliquibus alienationibus discontinuat venditionibus ac recuꝑation in contr̄ non obstant. Proviso tamen semper qd' praed' comes, haered' neque assign' sui colore praemiss. aut alicuius in eodem specificat habebunt neque percipient nec habere aut percipere clamabunt seu vendicab. pro praemiss. duos separal. reddit' sect' cur' seruic' & onera pred' nec colore praemisdistringant aut distringere possint seu valeant in praemiss. neque in aliqua inde parcel', pro eisdem aut pro aliqua inde parcel' contra veram intentionem huius present script' inde confect'. Et ego vero pnd comes & haered mei omnia praedict' terr', tenement', haeredit & caeter praemiss. cum omnibus & singul' suis pertin' praefat' F. B. & haered suis pred, Et prodefect' talis exitus praefat' R. B. & haered suis praed. Ac pro defect talis exit praef haered' praed' I. B. contra me prefat' Com̄ & haered' meos, & contra omnesal' personam & person clam' aut habentes aliquod ius, titulum, rect', vel interest, de, aut in pmmiss. seu in aliqua inde parcel' pro me praef. Come, haered' vel assign' meis warrantius & in perpetuum defendemus ꝑ praesentes: Et ulterius concordat est, & pnd' F. B. pro se & haered' suis convenit & concedit, ad, & cum pref. Come, haered' & assign' suis, qd' si contingat pref. F. B. sine haered' aliquo de corpore suo legit procreat' obire, aut si contigerit haered' oens de corpore pnd' I legit procreat' sine haered' aliquo obire de corporibus eorum, aut de corpore alicuius eorum legit ꝓcreat, qd' tunc & deinceps praed' H. pro defect' talis exit (ut pfertur) ac omnes hered dict F. B. collater, ac omnes al' persona & personae, & eorum haered' qui tunc habebunt aliquod statum, ius, titulum, seu interesse quovismodo, de, vel in pmmiss. seu aliqua inde ꝑcel', stabunt & erunt seisiti, de, & in oimbus & singulis pmmiss. ad opus & usum eorundem personae & ꝑsonar, ac haered' ac assign' svorum quialiquo tempore postea habebunt aliquen statum vel etc. ¶ A gift in general tail tripartite, with Remainders over. SCiant etc. quod ego A. B. dedi, concessi, & hac pnsenti charta mea Sect. 255. tripartita indentat confirmavi C. B. filio meo totum illud tenntum meum etc. in etc. Habend' & tenend' praed' tenement' &c. praefat' C. B. & haered' de corpore suo legitime procreat', Et pro defectu haered' de corpore dicti C. legit procreat', volo qd' praedict' tenntum cum gardin̄ suisque pertin' D. B. filio meo natu minori integre remaneat: Habend' & tenend' illi, & hered' de corpore suo legitime procreat', de capitalibus dnis feodi, Et pro defectu haered' de corpore ipsius D. legit procreat', volo qd' praed' tenementum cum gardino seu horto suisque pertinent integre remaneat haered legitim praed' C. B. in perpetuum. Et ego vero praenominatus A. B. et haered' mei predict' tenement' cum gardin et suis pertin' praef. C. B. et haered' de corpore suo legitime procreat' in forma praemissa contra omnes gentes warrantiz abimus, & in perpetuum defendemus. In cuius rei testimonium duabus partibus huius chartae meae tripartitae indentatae penes praef. C. & D. remanentis sigillum meum apposui: Tertiae vero ꝑti eiusdem chart penes me pref. A. B. remanent, praedict' C. & D. sigilla sua apposuerunt. His testibus etc. Eodem modo de Chartis quadripartitis, quinquepartitis, & similibus, dicendum est. ¶ A gift in the special tail. OMnibus etc. dediste etc. & concessisse, ac tenore presentium dare Sect. 256. & concedere A. B. totam domum etc. Habend', tenend', & gaudend' dictam domum etc. pref. A. I & hered' masculis de corpore ipsius A. inter eund● A. & Eliz. vxor' eius●iē A. legit ꝓcreatis & procreandis. Tenend' etc. ¶ An other form of special tail. PAteat presentibus & futuris, quod ego A. B. dedi & concessi, ac per Sect. 257. presetes do & concedo charissim mihi in christo H. D. & A. uxori eius, manner meum etc. Habend' &c. pref. H. D. & A. uxori suae, ac hered' masculis de corporibus eorum inter eos legitime procreatis etc. ¶ The form of a gift in frankmariage. SCiant etc. me M. H. de W. dedisse, & concessisse, ac pnsenti charta Sect. 258. mea confirmasse I A. filio meo & Marg. uxori eius filie vere T. N. in liberum maritagium unum mesuag' etc. Habend' etc. praef. I. & M. vxor' suae, & haered' de eorum corporibus legitime procreatis, de me, & haered' meis in perpetuum. Et ego pnnominatus W. H. & hered' mei praed' mesuag' etc. prefat' I. & M. uxori suae, & haered' de eorunden corporibus legitime ꝓcreat, contra omnes gentes warrantizabimus, ac adversus capital' dominos ceterosque vniuers. acquietabimus & defendemus in perpetuum per praesentes. In cuius etc. ¶ Or thus. Habend' etc. praef. H. & haered' quos procreabit de corpore M. uxoris suae etc. ¶ Or thus. Habend' praefat' H. & M. uxori eius & haered' de corpore praedict' H. legitime procreat' etc. ¶ Or thus. Habend' praefat' H. & M. uxori eius, & haered' de corpore suo per praed' H. legitime procreandis etc. ¶ Feoffements to Uses. SCiant etc. Quod ego I B. in complementum, & performationem Sect. 259. quarundam conventionum, concessionun & agreamentorum specificat & declarat in quibusdam Indenturis geren̄ datum die dat' huius praesentis chart̄ indentat fact' inter me praefatum I B. ex una part, & W. P. & G. B. ex alter part, Concessi, feoffavi, et hoc praesenti scripto meo indentat confirmavi eisdem W. P. & G. B. haeredibus & assigns suis, omnia illa mesuag' etc. Habend' & tenend' etc. praef. W. P. & G. B. haered' & assignat' suis, ad opus, usus, intention, ac sub conditione in dicta Indentura specificai et declarat secundum formam, effectum & veram intentionem dictae Indenturae de capitalibus dnis etc. Et ego vero praedictus I B. & haered' mei, omnia & singul' dict' mesuag', terr' & tennta ac caetera praemissa cum omnibus & singulis suis pertin' praef. W. P. & G. B. haered', & assign' suis ad opus & usum pnd' tam contra me praef. I. B. haeredes & assign' meos, quam contr̄ haered' & assign' R. B. nuper de N. warrantiz. & imperpetuum defend' per praesentes. In cuius rei testimonium etc. ¶ A feoffment until a certain sum of money be paid. SCiant etc. quod ego I V in compliment ultime voluntatis C. D. Sect. 260. dimisi, tradidi, liberavi, & hac praesenti etc. H. T. I. T. & I C. quandam parcellam terrae meae arabilis cum pertin', continent etc. Quam quidem parcellam terrae inter alias terras & tennta ego praed' I. V simul cum T. C. etc. iam defuncto nuper coniunctim habuimus nobis, haeredibus & assignatis nostris, ad usum dicti T. C. haeredum & assignat' suorum, & ad inde perimplendum ult volunt ipsius T. ex dimissione, liberatione, & chartae confirmatione I H. filiae & haered' I S. Habend & tenend', praedictam peciam terr' cum pertinent praef. H. T. I. T. & I C. haeredibus et assignat' suis in perpet, de capitalibus dominis etc. ad usum eorund' H. T. I. T. & I C. haered' & assign' suor donec & quousque idem H. I. et I haered' et assignati sui de exit, redit', reventionibus & proficuis provenientibus de praed' parcella terr' cum pertin' fidelit & plenary content fuerint & satisfact' de summa x. marcar legal' monetae Angl' ultra omnia onera & repris. juxta voluntat suprad' T. C. disponenda. Et postquam dictae decem marcae sic plenary persolut fuerint, qd' tunc dicti H. T. I. T. & I C. haered' et assignat' sui sint et existant feoffati de et in praedicta parcella terrae cum pertin', ad usum Aliciae nuper uxoris dicti T. T. durant vita ipsius Aliciae, et post eiusdem Aliciae decessum, ac postquam praedictae decem marcae sic plenary ꝑsolut suerint ut praefertur, tunc ad usum W. C. filij praedict' T. C. ac haered' et assignator suor in perpetuum, In cuius etc. ¶ A feoffment to the use of the vendor if he save his sureties harmless, and if not, to the vendees use. SCiant etc. quod ego E. M. in compliment et performation̄ cuiusdam Sect. 261. bargainiae et venditionis per me quibusdam R. B. etc. et E. uxori eius nuper fact', necnon ad instantiam et specialem requisition̄ ipsor R. B. et E. vendidi, dedi, concessi, liberavi, feoffavi, et hac present̄ carta mea indentata confirmavi praefato R. B. et E. vxor' eius, I. R. et C. S. totum illud etc. quae ego praedictus E. nuper habui mihi, haered et assigr. at meis, ad solum opus et usum mei ipsius E. M. haered et assignator meor, ex dono, concessione, et cartae confirmatione T. M. et A. N. prout per quandam cartam etc. Habend' et tenend' praed' etc. praef. R. B. et E. uxori eius, haered' et assignatis suis ad opus et ufum, ac sub condition̄ sequent, videlicet, quod si praed' R. B. et E. uxor eius, haered' vel execut sui exoneraverint aut indemnes conseruaverint, vel exonerari, vel indemnes conferuari fecerint, vel unus eorum exoneraverit, aut indemnes conseruaverit, vel exonerari aut indemnes conseruari fecer I R. C. S. et E. B. haered', execut, et administrat suos, et eorum quemlibet, erga me prefat' E. M. execut, et administrat meos, et alios quoscunque, de, et pro separalibus script' obligat gerens dat' die dat' huius praesentis cart, In quibus praedict' R. B. I. R. C. S. & E. B. coniunctim et divisim tenentur et obligantur mihi praenominato E. M. pro debito antedicti R. B. ac pro perquisitione praemiss. in quolibet eorundem scriptorum obligatorum in summa xl. marc', indorsat cum conditione pro folution etc. legal' etc. ad festum etc. annuatim soluend', prout per script' praedict' manifestius declaratur, ac de, et pro omnibus pecuniarum summis in supradict' seript obligat, et eorum quorumlibet specificat, qd tunc predict R. B. et E. uxor eius, I. R. C. S. et E. B. et haered' sui, erunt seisit do, et in dicto mesuagio cum edificijs, gardin, et omnibus pertinentijs suis, ad solum opus et usum pndictorum R. B. et E. uxoris eius, et haered' suorum, et tunc praesens carta mea indentata et seisina de, et in praemissis cum suis pertinentijs liberat et capta, firm sint et stabiles ad solum opus et usum predict' R. B. et E. uxoris eius hered' et assignatorum suor in perpetuum per praesentes etc. Et si contingat praedict' R. B. et E. uxorem eius, haered', executor' et assignatos sues minime exonerare, aut indemnes conseruare, nec exonerari, aut indemnes conseruarifacere praedict' I. R. C. S. et E. B. haered', execut et administratores suos, et eorum quemlibet, erga me praefat' E. M. execut & administratoresmeos, & alios quoscunque, de, & pro praedictis scriptis obligat, & eorum quolibet, ac de, et pro omnibus dictis pecunia●um summis in eisdem scriptis obligat, et pro eorum quolibet specificat, quod tunc praedict' R. B. & E. uxor eius, I. R. C. S. & haeredes sui erunt seisit, de & in praedict' etc. tantum ad solum opus & usum talium vel huiusmodi eorum I R. C. S. & E. B. haered' & assignat' suorum, qui, vel quorum haered', execut, vel administrat pro praedict' script' obligat, aut eorum aliquo vexari, molestari, aut indemnes non conseruari contingent. Et ego praedictus E. M. et haeredes mei praedict' etc. praefat' R. B. et E. uxorem eius, I. R. C. S. et E. B. hered' & assignatos suos, ad usum predictum contra me & haeredes meos warrantizabimus & in perpetuum defendemus per praesentes. In cuius rei testimonium utrique parti harum cartarun indent ego praedictus E. M. sigillum meum apposui. Dat' etc. ¶ A Schedule expressing the uses of a feoffment. THis Indenture made etc. Between I H. and G. H. on the one Sect. 262. party, and T. N. I. C. and E. G. on the other party, Witnesseth, that whereas the said I. H. and G. H. by their deed of feoffment indented unto this present Schedule indented, annexed, have enfeoffed the said T. N. I. C. and E. G. of, and in the manor of etc. that the intent of the said deed, and the livery & seisin made upon the same is, that the said T. N. I. C. and E. G. & every of them, & their heirs, and the suruivor of them & his heirs shall stand and be seized of, and in the said manor etc. mentioned in the said deed of feoffment to the use of them, and of their heirs, to the intents and upon the condition hereafter in this schedule expressed: That is to say, that the said T. N. I. C. and E. G. and the suruivor of them and his heirs, shall at all times hereafter from time to time during the life of the said I H. within four months after request to them, or any of them made by the said I. H. his executors or assigns, shall make all such leases and devices, assurances, feoffements, estates, and conveyances, gifts, and grants, of annuities for term of life, or lives, or for term of years, and at will, and in fee simple, or in tail with remainder, of, in, or out of all the said lands, tenements, and other the said premises, and every parcel thereof, to such person or persons as the said I. H. shall at any time during his life nominate and appoint the same assurance, feoffements, estates, conveyances, devices, leases and grants thereof to be made at the costs and charges of the said I H. And also upon condition that the said T. N. I. C. and E. G. and the suruivor of them, and his heirs shall further make such assurances, conveyances, feoffements, estates, gifts in tail with remainders over, or any other estates, conveyances, or assurances in law, of, or in the said manors, lands and tenements, and of every part thereof, to such person and persons, and their heirs, or to the heirs of their bodies lawfully begotten for term of life, or lives, or otherwise to whom the said I. H. also by his last will & Testament in writing shall nominate, assign, & appoint the same estates, assurances, or conveyances to be made according to the true meaning of the said last will & testament of the said I H. And the said T. N. I. C. and E. G. covenanten &. that they the said T. N. I. C. and E. G. at the costs and charges of the said I H. his heirs, executors and assigns, or at the costs & charges of such persons to whom the same estate of the premises shall be by the same I. H. appointed to be made, shall execute & make all such estates, conveyances, & assurances, of, and in the premises, or any part thereof to the same & such persons to whom the said estates shall be so assigned & appointed by the said I. H. by his last will & testament, or otherwise. And if the said T. N. I. C. & E. G. shall refuse to execute and make such estates & assurances, of, and in the premises to such persons to whom the said I. H. shall assign & appoint the said estates to be made, of, and in the said manor, lands, tenements, and every part thereof, in manner and form aforesaid: Than the said T. N. I. C. and E. G. covenant etc. that they the said T. N. I. C. and E. G. shall after such refusal stand, and be seized of, and in the said manors etc. to the use of such persons, and their heirs, and the heirs of their bodies lawfully begotten, for term of life, or lives, or years, in tail, or in fee, according to the estates to whom the said I. H. in his life time, or otherwise, shall by his last will give, appoint, or assign the said manor, lands, etc. before mentioned and rehearsed in these presents. In witness whereof etc. Given the day and year first above written. ¶ A Schedule limiting Uses. THe use and intents of the deed of feoffment indented tripartite Sect. 263. hereunto annexed, and the estates thereupon executed of me the said G. S. named in the said deed is, that the said gift & grant mentioned in the said deed, and the estate thereupon executed, of, and in the capital messages in S. mentioned in the said deed called the hall of S. with the appurtenances, and of and in the mill of S. called Stanford mill, and one meadow called mill meadow, one pasture called A. and all other lands and tenements in S. aforesaid, now in the tenure, occupation, or manurance of me the said G. S. except one pasture called W. hill, shall be and be, And the said A. C. I. D. I. G. B. G. and their heirs, shall stand and thereof be seized to the use of me the said G. S. for term of my life, and after my death, to the use of G. I now wife of me the said G. for term of her life, and after her death to the use of the heirs of the body of me the said G. lawfully begotten, and for default of such issue etc. with remainder over. Provided always, that if it happen the said I. after the death of me the said G. S. to marry again, that then and from thenceforth the said feoffment, gift, grant, and estate of the capital mesuage, mill, lands, and tenements in G. aforesaid, in the tenure of me the said G. S. (except before excepted) shall be and the said A. and the said cofeoffees and their heirs shall stand and be thereof seized to the use of the heirs of the body of me the said G. S. lawfully begotten, and for default of such issue, to the use of the said R. S. and his heirs males of his body lawfully begotten, and for default etc. And that the said feoffment, estate, gift, and grant, of, and in the rest & residue of all the said messages, mills, lands, tenements, and other hereditaments whatsoever they be in S. and A. mentioned in the said deed indented tripartite, whereof no use before in this present schedule is declared, shall be, & the said A. and the said cofeoffees shall stand and be seized thereof to the use of me the said G. S. and of the heirs of the body of me the said G. lawfully begotten, and for default of such issue, to the use of the said R. S. and of his heirs males lawfully begotten, and for default etc. Provided always, that if the said I. now wife of me the said G. at any time after the death of me the said G. fortune to marry again, that then and from thenceforth the said feoffment, gift, grant, and estate, of, and in the said residue of the said lands, tenements, & other the premises with the appurtenances in S. and A. shall be to the use of the said I. for term of her life, and after her decease to the use of the heirs of the body of me the said G. lawfully begotten, and for default of such issue, to the use of R. S. etc. ¶ Uses. ¶ A covenant limiting the uses to the Mortgageor, paying certain money and charges of assurances until he practise to alien or encumber the lands, and then to the Morgagee. Pprovided always, and it is nevertheless covenanted, concluded, Sect. 264. condescended, and agreed, by and betwixt the said parties to these presents. And the said I B. etc. doth covenant and grant etc. That if the said R. G. or his heirs at any time within the space of ten years next ensuing the date hereof, do pay or cause to be paid unto the said I. B. his heirs, executors, or assigns, at one whole and entire payment, aswell the said sum of thirty pounds by him already disbursed, as aforesaid, for the said purchase of the reversion of the premises, in manner and form aforesaid, as also all and every other such sum and sums of money as the said 1 hath already disbursed and paid, or shall hereafter be charged with, touching and concerning any writing, assurance, or conveyance, of, or concerning the said tenements and premises, or any part thereof, made, or to be had and made, within ten days after that, a reasonable bill thereof shall be showed and delivered to the said R. G. or his heirs by the said I. his heirs, executors, or assigns: That then and from thenceforth immediately after all the sums aforesaid satisfied and paid to the said I. his heirs, executors, and assigns, in manner and form aforesaid, the said I B. his heirs and assigns of the said reversion of the said tenements and premises with the appurtenances shall stand and be seized during the life of the said I. A. and W. and of the longest liver of them. And after their deceases, of all the said premises in demean and possession to the use of the said R. G. and his heirs, until such time as the said R. G. or his said heirs shall advisedly, determinately, and considerately go about to mortgage, alien, bargain, cell, or otherwise to do, or put away the said tenements and premises, or any parcel thereof in possession or reversion, without the special consent and agreement in writing of the said I B. or his heirs in that behalf first had and obtained: Or shall as is above mentioned, go about to charge, trouble, or in any wise encumber the said tenements and premises, or any parcel thereof, without the like consent and licence. And shall for the conveyance or assurance of any such mortgage, bargain, sale, charge or encumbrance, go about to do, practice or put in ure, or willingly suffer to be gone about, had, done, practised, or put in ure any open or secret effectual act, matter or thing for any such conveyance, assurance, charge or encumbrance to be had or made. And from and immediately after any such matter, act or thing so as aforesaid had, done, practised, or put in ure, or suffer to be had, practised or put in ure by the said R. G. or his heirs whereby the said R. or his said heirs shall go about to grant, alien, mortgage, bargain, cell, charge or encumber the said premises or any part thereof: Than and from thenceforth aswell this present assurance and conveyance, as also the said fine and all other assurance and conveyance made and to be made of the premises and every part and parcel thereof shall be etc. And the said R. G. and his said heirs, and all and every other person and persons, having or lawfully claiming any estate, right or title, in or to the said premises or any part thereof, by, from or under the said R. or his said heirs, shall stand and be seized of the said premises and every parcel thereof, to the use of the said I B. his heirs and assigns according to the purport, effect and true intent and meaning of these present Indentures absolutely without any further mortgage or condition. ¶ An Indenture tripartite of lands and tenements to uses. THis Indenture tripartite made etc. between T. T. on the first Sect. 265. party, A. B. C. D. & E. F. on the second party, & F. G. H. I and L. M. ou the third party, Witnesseth, that the said T. T. for the special trust and confidence that he hath in the said A. B. C. D. E. F. F. G. H. I and L. M. etc. and for divers other good and reasonable causes, and considerations moving him, hath given &c. unto the said A. B. C. D. E. F. G. H. etc. all those his lands, tenements, etc. To have and to hold etc. to the only uses and proper behoofes of the said A. B. C. D. E. F. etc. during the natural life of the said T. T. and for and during the term of twelve years next and immediately following, after the natural life of the said T. T. and after the death of the said T. T. and after the said term of years ended and determined, then to have and to hold the said lands and tenements, and other the premises to the said A. B. C. D. etc. their heirs and assigns, to the use of them and their heirs, And upon condition that the said G. H. I and L. etc. and their heirs or the suruivor or survivors of them and his and their heirs, shall before the natural death of the said T. T. or within seven years next after the natural death of the said T. T. alien, bargain and cell the premises with the appurtenances, or so much thereof as by the said T. T. at any time during the natural life of the said T. T. shall be limited or appointed by him by writing or otherwise, and after the bargain, sale, or alienation so had and made, the desire of the said T. T. is, that the said A. B. C. D. etc. for the special trust and confidence that the said T. T. doth put in them, shall within six months next after the said bargain and sale or alienation, purchase or cause to be purchased other lands, tenements & hereditaments of as much clear yearly value, as the premises that shall be so bargained or sold by them or any of them shall amount unto: & that the suruivor or survivors of them shall within the said six months cause the said lands so purchased to be by good assurance & conveyance in the law assured and made sure to the heirs of the said T. T. in fee simple discharged of all charges & encumbrances by them or by any of them to be had, made, done or suffered. Provided always that for default of such bargain, sale or alienation of the premises by these presents given or granted, bargained or sold, from & after the natural death of the said T. T. and from & after the end and term of xii. years next after the death of the said T. T. the said A. B. C. D. etc. and all and every other person & persons that shall be seized of or in the premises, shall stand & be seized thereof to the only use and behoof of the right heirs of the said T. T. of and in so much of the premises by these presents given and granted, and of every part thereof, whereof no bargain, sale or alienation shall be hereafter by the said A. B. C. D. etc. so made, as is aforesaid, and that also then and from thenceforth it shall be lawful for the right heirs of the said T. T. to re-enter into so much of the premises, whereof no bargain, sale, or alienation shall be hereafter by the said A. B. C. D. etc. so made as is aforesaid, and the same to have again etc. And the said G. H. I and L. do covenant etc. that they and every of them, their heirs and assigns and every of them shall permit and suffer the said A. B. C. D. etc. and every of them and their assigns quietly to receive and take the issues and profits of all and singular the said premises with the appurtenances during the natural life of the said T. T. and during the said term of twelve years without interruption or disturbance of the said G. H. I and L. or any of them, or any other person or persons by the means or procurement of any of them to be employed or bestowed to such uses and intents as the said T. T. hath and shall assign, limit, and appoint. And the said G. H. I & K. for them, their heirs and assigns etc. do covenant and grant, to and with the said T. T. and to and with the said A. B. and C. and to and with the said D. E. and F. and every of them, that if it shall fortune the said A. B. and C. to decease during the natural life of the said T. T. that then the said E. F. G. H. I and K. and their heirs and assigns, shall peaceably permit and suffer the said D. E. and F. & every of them, and their assigns to have, take, and receive all and singular the issues, rents, revenues, & profits of all and singular the premises, and every part & parcel thereof, for and during etc. without any let etc. ut supra. And the said T T. for him etc. that the said A. B. etc. & their heirs, and all and every other person or persons now being seized, of, and in the premises by these presents bargained and sold, or of, or in any part or parcel thereof, shall from henceforth stand, remain, and be seized thereof, and of every part thereof to the uses, intents, behoofes and conditions in these presents before expressed, mentioned, or declared. In witness etc. ¶ Conveyance to Uses. THis Indenture made etc. Between R. S. on the one party, and Sect. 266. T. R. R. R. and T. V on the other party, Witnesseth, that the said R. S. aswell for the natural love, zeal, and affection that he beareth unto E. S. his son and heir apparent, and other the issues male of his body lawfully to be begotten and their issues male and others of the blood and name of S. and for that he is very desirous and fully minded, resolved, and determined, that all and singular his manors, lands, tenements, tithes, rents, reversions, services, & hereditaments, with the appurtenances in these presents expressed, mentioned, and contained, should and might for ever hereafter (if it shall so please almighty God) come, descend, continued, remain, and be unto the said E. S. and unto such issues male, as shall be begotten of his body and their issues male, and unto such other persons, and such of the blood and name of S. as hereafter in these present Indentures are named, intended, or meant, according to the true intent & meaning of these presents, and under the conditions, covenants, & agreements, limitations, provisions, contingencies, and true meaning of these presents, and in manner and form hereafter in these presents expressed, limited, & declared, and in such manner and form, & so long only as in, & by these presents is limited, intended, implied, or meant. And so that none estate, title, use, or interest hereafter in these presents limited or appointed, should in any wise be altered, discontinued, forfeited, prejudiced, barred, or disappointed, contrary to the true meaning hereof. The said R. S. doth covenant &c. to make a sufficient feoffment to the said T. R. R. R. and T. V of all and singular those his manors, Lordships, or Towns of etc. To have and to hold all the said Manors, Lordships, Towns etc. to the said T. R. R. R. and T. V their heirs and assigns for ever, in manner and form, and to the uses, intents, and purposes hereafter in these presents limited, appointed, intended, and meant, and under and according to the conditions, covenants, contingencies, provisions, limitations, true intent and meaning in these presents expressed, and to or for no other use, intent, or purpose: that is to say, to the only use and behoof of the said R. S. for, and during his natural life, without impeachment of any manner of waist: And after his decease to the only use and behoof of the said E. S. and of the heirs males of his body lawfully begotten. And for default of such issue male of the body of the said E. S. lawfully begotten, then to the only use and behoof of the second issue male of the body of the said R. S. lawfully begotten, and to be begotten. And if it happen the said second issue male of the body of the said R. S. lawfully begotten, or to be begotten, to die without issue male of his body lawfully begotten, then to the only proper use and behoof of the third issue male of the body of the said R. S. lawfully begotten, and to be begotten, and of the heirs males of his body lawfully begotten, and to be begotten, and so from issue male to issue male of the said E. S. lawfully begotten, so long as there shall be any such issue male of the body of the said R. S. lawfully begotten, alive: And for default of such issue male of the body of the said R. S. lawfully begotten, and to be begotten, then to the use of A. S. & of the heirs males of his body lawfully begotten, & to be begotten: And for default of such issue male of the body of the said A. lawfully begotten, & to be begotten, then to th'only use of H. S. & of the heirs males of his body lawfully begotten, & to be begotten: And for default of such issue male of the body of the said H. lawfully begotten, & to be begotten, then to the use of the next heirs male of R. S. grandfather of the said R. S. & to the heirs males of his body lawfully begotten: And for default of such issue male, to the only use & behoof of the right heirs of the said E. for ever. Provided always, & upon condition, & it is the true intent & meaning of these present Indentures, & all the parties to the same, that if any issue male of the body of the said R. S. lawfully begotten, or to be begotten, or any other issue male, or other person or persons, named, intended, implied or meant to have or take any estate of inheritance, by reason of the said feoffment so to be made, and of these present Indentures or of either of them, or of any limitation of any term, estate, use or other thing in them or either of them contained, at any time hereafter shall earnestly or willingly imagine, determine, purpose, consent, conclude, intent, practice or go about to give, cell, alien, forfeit, bar, altar, discontinue, lease or do away the said manors, messages, lands tenements and hereditaments, and other the premises with the appurtenances, or any part or parcel thereof, or his or their estate, title, use, remainder or interest, of, or in the same manors, messages, lands, tenements and hereditaments & premises with the appurtenances, or any part or parcel thereof, to any person or persons, by any way or means, otherwise then for any estate or estates for term or terms, according to the covenants, conditions, provisions and true intent and meaning in these presents expressed, contained or intended: That then & thenceforth the estate, use, interest and possibility of every such person and persons, so earnestly and willingly imagining, determining, purposing, intending, concluding, practising, devising, or going about to give, cell, alien, forfeit, altar, discontinue, bar, lease, or do away the said manors, messages, lands, tenements, hereditaments, and premises with thappurtenances or any part thereof, contrary to the limitations, conditions, true intent & meaning of these present Indentures, of, in, and for such and so much only of the said manors, messages, lands, tenements, hereditaments and premises with the appurtenances, as he or they shall fortune so, as is aforesaid, earnestly and willingly to imagine, purpose, conclude, intend, consent, practice, devise, or go about to give, grant, cell, alien, forfeit, altar, discontinue, bar, lease, or do away contrary to the true intent and meaning of these presents, shall cease, determine and become utterly void, so earnestly or willingly imagining &c. to all intents & purposes, as if such person and persons had never been named, intended, implied or meant in these presents, and as if none use, estate, interest, or possibility, of and in the said manors, messages, lands, tenements, hereditaments, and premises with the appurtenances, or of any part thereof, had ever been limited, implied or meant unto such person or persons. And that then also and thenceforth the said T. R. R. R. and T. V and their heirs, and the heirs of the suruivor of them shall thenceforth stand and be seized of such and so much of the said manors, messages, lands, tenements and premises, wherein the said estate and use of such person or persons so, as is aforesaid, shall happen to cease and be determined to the use of such person or persons to whom the use of the same above in these presents is limited, intended, implied, or meant to be next in remainder, if such person or persons should have died without issue of his or their bodies lawfully begotten, the remainder thereof in form aforesaid, to such other person or persons belonging, according to the conditions, provisions, limitations of use, intent, and true meaning in these present Indentures expressed and specified: any covenant, limitation of use, or other matter or thing to the contrary hereof notwithstanding. Provided also and upon condition, and it is the true ●atent and meaning of these present Indentures, and of all the parties to the same, That it shall and may be lawful to and for the said R. S. during his natural life, to make or cause to be made any lease or leases of the said manors, messages, lands, tenements and premises, or any part thereof to any person or persons, for any term or terms, estate or estates, not exceeding the term of one hundred years from the day of the making thereof, reserving upon every such lease or leases the old accustomed yearly rent or more, to be due and payable during the continuance thereof by virtue of such lease or leases. And that the said T. R. R. R. and T. V and their heirs, and the heirs of the suruivor of every of them, shall stand and be seized of, and in such and so much of the said manors, messages, lands, tenements and premises, as so by the said R. S. shall happen to be leased, to the use of such person & persons, to whom any such estate for the term of years shall be so made or granted by the said R. during the continuance of the same lease or leases, and after the end, determination or expiration of such lease or leases, to such use and uses, as in & by these presents is limited, intended or meant. And that it shall and may be lawful to and for the said R. S. and every other person and persons, that the said R. S. shall thereunto name or appoint, during the natural life of the said R. S. to fell, cut down, take and carry away, and to bargain, cell, give and grant all or any woods, under woods springs or trees, growing, or which during the natural life of the said R. S. shall grow upon the said premises or in or upon any part thereof with the appurtenances to any person or persons. And that it shall be lawful for every such person & persons to whom any of the said woods, under woods, trees or springs shall happen to be leased, given, aliened, bargained or sold, to fell, cut down, take and carry away the same and every part thereof, according to the effect and true meaning of every such lease, contract and bargain thereof to be made: any thing in these presents contained to the contrary thereof in any wise notwithstanding. Provided also and upon condition, and it is the true intent & meaning of these present Indentures, and of all the parties to the same, that it shall & may be lawful, to, and for any and every such issue of the body of the said R. S. lawfully begotten, & to be begotten, and to, and for every other issue male, or other person & persons, named, intended, implied or meant to have or take any estate of inheritance, in possession, reversion, remainder, or in use, by reason of the said feoffment so to be made, & of these presents, or of either of them, or of any limitation of any estate, proviso, condition, use, or other thing in them, or either of them being thereof seized accordingly, to make or cause to be made any lease or leases, estate or estates, of the said manors, messages, lands, tenements and premises, or of any part thereof to any person or persons for any term or terms not exceeding xxi. years, from the day of the making thereof: So always, that upon every such lease, term, or estate so to be made, the old accustomed yearly rend or more be reserved & paiable yearly to the owner or owners of th'inheritance thereof, during the continuance of such lease or leases, term or terms, estate or estates, without fraud or collusion. And that if any such lease or leases as is aforesaid, shall so happen to be made or granted: that then the said T. R. R. R. and T. V and the survivors & suruivor of them & his heirs, shall stand and be seized of, and in such & so much of the said manors, messages, lands, tenements, & premises as shall so happen to be leased, to the only use and uses of every such person or persons, to whom any such lease or leases, term or terms, estate or estates, shall happen to be made during the continuance thereof, according to the true intent and meaning of these presents, and of such lease and leases, and after th'end and expiration or determination of every such lease and leases, to such use & uses, as in these presents is limited, intended, implied, or meant. Povided also and upon condition, & it is the true intent and meaning of these present Indentures, & of all the said parties to the same: That it shall & may be lawful for the said R. S. during his natural life, to nominate, appoint, & give authority to any person or persons to receive the rents, issues, fines, incomes, commodities, & profits of all the said manors, messages, lands, tenements, hereditaments and premises, with thappurtenances, and of every or any of them to those of the said R. without rendering any account thereof or therefore to any person or persons but only to the said R. S. Provided also & upon condition, & it is the true intent and meaning of these present Indentures, & of all the said parties to the same, that it shall & may be lawful to any issue male of the body of the said R. S. lawfully begotten, & to be begotten, and to every other issue male or other person or persons, named, intended, implied, or meant to have or take any estate of inheritance by reason of the said feoffment so to be made, & of these present Indentures, or either of them, which hereafter shall have married any woman, to make any estate of any part of the said manors, messages, lands, tenements, hereditaments, & premises with thappurtenances for the term of the life of such wife or wives for her or their jointure or dower, reserving no rent or other thing for so much of the said manors etc. & premises whereupon any such estate or estates shall happen so to be made. And that the said T. R. R. R. and T. V & their heirs, & the suruivor of them & their heirs, shall stand & be seized of, and in such & so much of the said manors, messages, etc. & the premises with th'appurtenances, whereupon any such estate or estates shall happen to be made in form aforesaid, according to the true meaning of these presents, & of such estate so to be made to those of such wife or wives for the term of her & their lives. Provided also & upon further condition, & it is the true intent & meaning of these present indentures, & of all the said parties to the same, & of the said feoffment so to be made, that if the said T. R. R. R. & T. V or some one of them, or the suruivor of them, or his heirs, or the said E. S. or his heirs males, or some other person which shall inherit the said manor etc. or any of them, according to the limitation, true intent & meaning in these presents declared, do not well & truly pay or cause to be paid 1000 li. of etc. in the South porch of the parish church of R. in the said county of Y. to those of the said R. S. at & in such feast day, as the said R. S. by his writing sealed shall name or appoint, & to such person or persons as the said R. S. by his said writing sealed shall name or appoint to receive the same M. l. of etc. That then & thenceforth these present Indentures & the said feoffment so to be made, to be utterly voided & of none effect in the law. And that then also & thenceforth it shall & may be lawful to, & for the said R. S. into all the said manors, messages, etc. & premises with th'appurtenances to re-enter & the same to have again & repossess as in his former estate. And that then & thenceforth the said T. R R. R. & T. V & every of them, & the survivors & suruivor of them & his heirs shall stand and be seized of, & in all the said manors etc. with thappurtenances, to th'only use & behoof of the said R. S. his heirs & assigns, for ever, and to, & for none other use, intent or purpose: any thing to the contrary thereof in any wise notwithstanding, In witness, etc. ¶ An assurance to be made to a man for term of his life, and after his decease to those of his children, & to be assured for payment of his debts. THis Indenture etc. Between W. B. I. B. & T. V on th'one party, Sect. 267. & T. S. on tother party, Witnesseth, that the said T. S. hath covenanted etc. that he the said T. S. before the Nativity of S. Io. Bapt. next ensuing the date hereof, shall aswell in consideration that all such manors &c. appointed for the jointure of Lady E. now wife of the said T. S. shallbe acquitted and discharged of all rents & other charges resolute, going out of the same lands, etc. and for and in consideration of payment of the debts of the said T. S. or of the marriage of the daughter of the said T. S. shall make or cause to be made to the said W. B. I. B. and T. V or to such other person or persons, as they or any two of them shall for that purpose name or appoint, a good, sure, sufficient, & lawful estate or estates in the law in fee simple, of, & in the rectory & Parsonage of D. & the manors of A. and B. etc. To have & to hold all & singular the aforesaid parsonages, rectories, manors, lands, etc. to the said W. B. I. B. & T. V & their heirs, or to such other person or persons, as they or the suruivor or survivors of them or their heirs shall name & appoint, and to their heirs to those of the said W. B. I. B. & T. V for term of two years next ensuing &c. to th'intent that they with the rents, issues & profits of the same, shall and will well & truly content & pay, during the said term all such rents, fees, & annuities to all & every such person & persons as be expressed & mentioned in certain schedules indented to these present Indentures annexed. And it is further covenanted etc. that if any money shall happen to remain unpaied in the hands of the said W. B. I. B. & T. V their heirs etc. after the said yearly rents & annuities contented and paid, or of any other person or persons named in any of the said schedules to whom any fee, annual rent or annuity aught to be paid & fortune to die, so that the rent, fee & annuity before paiable unto him so dying be extinguished, or if any of the said annuities, rents or fees be otherwise discharged or determined: that then the said W. B. I. B. & T. V their heirs etc. shall frontune to time during the said term of two. years well & truly content & bestow the same money so remaining and growing by such discharge, toward the payment of such debts as are contained & expressed in one other schedule indented hereunto annexed, & the said annuities & debts discharged, shall well & truly perceive & take the money so remaining unpaid & growing, in & upon the premiss: towards the marriages of M. A. & M. daughters of the said T. S. until such time as they have 〈◊〉, 〈◊〉 & take of the said rents, issues & profits 900. pounds of good etc. Provided always, & it is further covenanted etc. that after the said annuities, fees, debts, and marriage money discharged & paid, the said W. B. I. B. & T. W. & their heirs, & all and every other person etc. that shallbe seized, of, & in the premises or any part thereof, shall stand & be seized, of, and in all, & singular the premises with their appurtenances to those & behoof of the said T. S. during his life without impeachment of any waist. And that after the decease of the said T. S. they shall stand & be seized of as much thereof as shall amount to the yearly value of xx. l. of etc. to the use of W. S. one of the younger sons of the said T. S. for the term of the life of the said W. S. & of, & in so much thereof as shall amount to other xx. l. of etc. to those of H. S. one other of the younger sons of the said T. S. for term of life of the said H. & of the residue thereof immediately after the death of the said T. S. & of, & in the premises appointed to those of the said W. S. & H. S. to those of H. S. son & heir apparent to the said T. S. & of the heirs of his body lawfully begotten, & for default of such issue, to those of the said W. S. second son of the said S. & to the heirs of his body lawfully begotten, & for default of such issue of the body of the said W. S. to those of the said H. S. & to the heirs of his body lawfully begotten, & for default of such issue to the use of the right heirs of the said H. S. & their heirs for ever etc. ut supra. Provided always, and upon condition following, & it is fully covenanted, granted, condescended, concluded, & agreed, by & between the said parties to these present Indentures, & it is the true intent & meaning thereof, that it shallbe lawful, to, and for the aforesaid A. B. at any time, & every time & times, & from time to time from henceforth during his life, by his deed or writing by him sealed before two sufficient witnesses or more, to altar, determine, diminish, or enlarge any or all the use, uses, estate, estates, limitations or intents, comprised in these Indentures, and also at his will & pleasure by his deed or writing by him sealed before two sufficient witnesses or more, as aforesaid, to limit & appoint the use or uses of thaforesaid messages & premises, or of any part of the same to thaforesaid persons or any of them, or to any other person or persons in fee simple, fee tail, for term of life, or of years, or otherwise, & that they the said feoffees & the survivors & suruivor of them and his heirs shall stand and be seized of the said tenements, & premises with thappurtenances, to such and the same uses, that in his said writing to be sealed by him before two sufficient witnesses or more, shall be limited or appointed, & to none other use or uses, intent or purpose; any matter or thing before in these Indentures mentioned, to the contrary thereof notwithstanding. In witness etc. ¶ A Covenant that Cestyque use for years shall dispose the profits for the education of the feoffors children. ANd it is agreed between the said parties, & the said G. T. etc. do Sect. 268. covenant etc. to & with the said H. B. his heirs etc. to bestow the issues, rents, revenues, and profits of the premises, that they, or any of them shall receive, and shall be entitled to have, take, or receive, in, or during the said term of etc. in manner and form following: That is to say, to pay, or cause to be paid yearly after the decease of the said H. B. to every of the iiii. daughters of the said H. B. named A. E. K. and E. or to the use of every of them, to, & for their finding & bringing up, v. li. of etc. until their several ages of xxi. years, or their several days of marriage, so that, as soon as any of them, shall attain to her several age of xxi. years, or to her day of marriage, that the payment to her, or so many of them as shall so come to full age, or be married, to cease. And yearly after the decease of the said H. B. unto every of the said three sons of the said H. B. named I. N. and H. or to the use of every of them, to, and for their several finding and education xv. li. of lawful money of England until th'end and determination of the residue of the said term of xxiii. years, that shall be to come at the time of the death of the said H. B. And if any of the said I N. and H. fortune to die within the said term. That his or their part or parts of the said yearly payments so deceasing, to be paid on, unto his or their next heir. And the overplus of the said issues and profits that shall remain over & above the said payments had and made, the costs and charges of the levying and receiving thereof, as well in Bailiffs fees, as otherwise deducted, The same to be paid to the said 3. sons, or to the suruivor or survivors of them, at the end of the said eighteen years etc. ¶ A Covenant for to bar or extinguish Remainders. ANd further the said G. T. & T. W. for them etc. That the said Sect. 269. G. T. and T. W. or either of them their heirs, executors nor administrators, nor the heirs, executors, nor administrators of either of them shall at any time hereafter accept, receive, take or claim any release, acquittance, writing, benefit, advantage, or discharge of any covenant, grant, article, or agreement contained in these presents, which shall bar, hinder, extinguish, or determine any agreement, intent or meaning, contained, meant, or implied, in, or by these presents of any of the said A. D. H. R. severally, or jointly with others, unless it be with the full assent, consent, and agreement of all the said executors, or of as many of them as shall be then living. ¶ A Covenant that Feoffees in use shall not do any act to frustrate uses. ANd further the said M. P. etc. that they the said M. P. & T. W. Sect. 270. nor either of them, nor the heirs, executors, administrators of them or either of them, shall not at any time hereafter accept, receive, take, nor claim any release, acquittance, benefit, advantage, or discharge of any covenant, grant, article, and agreement, contained in these presents, or which shall bar, hinder, or extinguish or determine any agreement, intent, or meaning contained, meant, or implied, by these presents, to, and with each of the said H. and R. whiles they both be living. ¶ A feoffment to Uses alterable by the feoffor etc. THis Indenture made etc. witnesseth that the said A. B. for etc. hath Sect. 271. given, granted &c. to the said C. D. and E. F. all those messages, tenements etc. To have and to hold the said messages or tenements, and all and singular the premises with the appurtenances unto the said C. D. and E. F. their heirs and assigns for ever, to such uses, intents, and purposes, as hereafter in these presents are expressed, limited, and declared, and to, and for none other use, intent or purpose: that is to say, to those of the said A. B. for, and during the term of threescore years, next ensuing the date hereof fully to be complete and ended, if the said A. B. do so long live. And after that to the use of I. now wife of the said A. B. for the term of threescore years, from thence next following fully to be complete and ended, if the said I. do so long live. And after that to those of L. M. of N. in the county of N. gentleman, and N. D. of P. in the county of S. gentleman, their heirs and assigns for ever. Provided always and upon condition following, and it is fully covenanted, granted, condescended, concluded, and agreed, by and between the said parties to these present Indentures, and it is the true intent and meaning thereof, that it shall be lawful, to, and for the aforesaid A. B. at any time, and every time and times, and from time to time from henceforth during his life, by his deed or writing by him sealed before two sufficient witnesses or more, to altar, determine, dermnish, or enlarge any or all the use, uses, estate, estates, limitations or intents, comprised in these Indentures, and also at his will & pleasure by his deed or writing by him sealed before two sufficient witnesses or more, as aforesaid, to limit, & appoint the use or uses of the aforesaid messages and premises, or of any part of the same to the aforesaid persons, or any of them, or to any other person or persons, in fee simple, fee tail, for term of life, or of years, or otherwise: And that they the said feoffees, & the suruivor of them and his heirs shall stand and be seized of the said tenements and premises with thappurtenances to such and the same uses, that in his said writing to be sealed by him before two sufficient witnesses, or more, shall be limited or appointed, and to none other use or uses, intent, or purpose: any matter or thing before in these Indentures mentioned to the contrary thereof notwithstanding. In witness whereof etc. ¶ A deed to altar thuses in the former Indenture, and to create new. TO all Christian people etc. A. B. of C. etc. sendeth greeting in our Sect. 272. Lord God everlasting. Whereas the said A. B. by his Indenture made between him the said A. B. one th'one party, & C. D. of etc. and E. F. of etc. on tother party, bearing date etc. in the 32. year of the Reign of our sovereign Lady the Q. Majesty that now is, for divers good causes & considerations him at that time moving, did give, grant, enfeoff, & confirm unto the said C. D. and E. F. all those messages &c. (as in the former Indenture) in the said county of D. or elsewhere within the Realm of England, which late were the lands etc. of G. H. of L. in the said county of D. gent. To have & to hold etc. unto the said C. D. & E. F. their heirs & assigns for ever, to such uses, intents, & purposes as be specified, mentioned, limited, & declared in the said Indenture. In which said Indenture there is contained one proviso or condition the tenor or effect whereof is as followeth. Provided alwa●es & upon condition following, & it is fully covenanted &c. reciting the Proviso of the former Indenture verbatim. Know you now therefore him the said A. B. according to the tenor, purport, & true meaning of the said Indenture, to be minded, disposed, & fully determined to altar & change the uses declared in the said Indenture: And therefore he the said A. B. doth by these presents notify, signify, & declare that the aforesaid messages, tenements, cottages, lands, meadows, feedings, pastures, hereditaments, & premises with thappurtenances, and the uses in the said former Indenture expressed, & all assurance, and assurances heretofore had, made, knowledged, and suffered of the said premises or any part thereof, shall from henceforth remain and be to such person and persons, and to such intents and purposes as hereafter in these presents are expressed and declared: the said former Indenture, or any other assurance or conveyance had of the said tenements and premises, or any part thereof to the contrary thereof in any wise notwithstanding. That is to say, the said messages, cottages, lands, tenements, hereditaments, and premises, shall be to those of the said A. B. for and during the term of lx. years next ensuing the date hereof, fully to be complete and ended, if he the said A. B. do so long live. And after to those of I. wife of the said A. B. for, and during etc. And afterwards to those of my well-beloved friends W. W. of R. in the county of Y. gentleman, and T. S. of E. in etc. Gentleman, their heirs and assigns for ever. In witness etc. ¶ A Condition to altar Uses. Provided always, and it is further covenanted, granted, & agreed Sect. 273. between the said parties, that if it shall fortune the said T. T. at any time during his life by writing under seal and enrolled in any Court of record, to grant unto the said etc. or to any of them, or to any other persons before mentioned, one moiety of etc. That then and from thenceforth the said estate, and all and every thuses before in these presents mentioned, to be utterly voided and of none effect, and that then, and from thenceforth, aswell the said etc. (expressing the feoffees) and their heirs & assigns, as also all their estate & all other assurances hereafter to be had and made, of, or in the said tenements, and premises, or any part or parcel thereof to thuses aforesaid, shall be to the only use of the said T. T. and his etc. And that then, and from thenceforth it shall be lawful, to, and for the said T. T. etc. and to every of them to re-enter into the said tenements & premises, & the same to have again & reposseed as in their former estate: These Indentures or any thing therein contained to the contrary thereof, in any wise notwithstanding etc. ¶ A Condition to altar Uses. Provided always, & upon condition etc. that if it shall happen the Sect. 274. said T. T. hereafter at any time, to have issue of his body lawfully begotten, or any wife of the said T. T. at the 〈◊〉 of his decease to be inseint with any issue begotten by the said T. T. that then within six months after such issue had, & after five hundred marks paid by any person or persons, for or in the name of such issue to the said A. etc. or tendered & refused, or not received by the said A. etc. the use of the said land &c. shallbe and enure to the said feoffees etc. shall therefore stand & be seized to the use of the heirs of the said T. of his body lawfully begotten and of the heirs of their bodies lawfully begotten. And for default of such issue to the heirs of the right heirs of the said T. T. and their heirs for ever etc. ¶ A liberty to grant leases. Provided always, & the true intent and meaning of the parties Sect. 275. to these presents is, And the said T. S. doth for him & his heirs, covenant and grant, to and with the said R. D. his executors and assigns, by these presents, that the said R. D. shall and may at all times, from time to time, during his life, without any let or disturbance of the said T. S. his heirs, executors, or administrators, demise, grant, and lease the said manors, lands, tenements, and hereditaments, or any part or parcel thereof, the lands, tenements and hereditaments appointed to be conveyed and assured to the said R. & E. for term of her life (as is aforesaid, and the manor house, scite and demain lands of H. only excepted) to any person or persons for term of three lives or under, or for term of xxi. years or under, in such manner and form, as a tenant in tail may lawfully do, and not otherwise, so as there be reserved, in and upon every such lease and leases, the usual and old accustomed rent or more, and appointed to be payable yearly during the same term, to such person or persons, as by force of these presents, and the conveyances to be made and agreed to be made by the force of these presents, shall or aught, after the decease of the said R. have the immediate reversion or remainder thereof: any thing to the contrary hereof in these presents contained notwithstanding. ¶ A Liberty for the feoffor in Use to make Annuities and joyuters. Provided also, & it is condescended and agreed between the said Sect. 276. parties, that the said R. D. shall & may at any time hereafter by his writing or writings indented, convey & assure, or by his last will and Testament, give, devise, and appoint, severally and not jointly, to every or any the younger son or sons of the said R. of the body of the said A. his wife, lawfully begotten, one annuity or yearly rend charge, of x. pounds, to every of them severally, to be issuing, going out, and to be perceived of, out, and upon the said manors, lands, and tenements, (except the said lands and tenements appointed for the jointure of the said E. for term of life, as is aforesaid,) for and during all the natural life or several lives of every such son or sons. And it is in like manner condescended and agreed, between the said parties, that where the above recited lands, tenements, & hereditaments to be assured for the jointure of the said E. and specified in the said schedule, are now parcel of the jointure lands of the said A. that he the said R. D. shall have full liberty to assure and convey certain lands, tenements, and hereditaments called R. for the jointure of the said A. during her natural life, in full recompense and satisfaction of the said lands and tenements specified in the said schedule, and to be assured for the jointure of the said E. as is aforesaid. ¶ A Condition to altar Uses. Provided also further, that it shallbe lawful, to & for the said sir T. Sect. 277. N. at any time, or from time to time at his pleasure, during his life by his writing indented, or by his last will and Testament in writing, by him sealed and subscribed, to altar, determine, diminish, change, or enlarge any use or uses, conditions, limitations, or intents comprised in these presents, the said estate of D. M. only excepted. And also at his pleasure by the same his writing indented, or by his last will and Testament sealed and subscribed, as is aforesaid, to limit and appoint, give & grant the use of the said manors, lands, tenements, and hereditaments with their appurtenances, or of any parcel of the same, to the said persons, or any of them, or to any other person or persons, in fee simple, fee tail, for term of life or lives, or years, or otherwise, (the estate and interest of the said D. M. always being saved unto her:) these Indentures, or any use or uses, thing or matter abovesaid in these Indentures to the contrary in any wise notwithstanding. And that after such alteration, determination, diminishing or enlarging, limiting or appointing, any use or uses, conditions or intents of the premises, or of any part or parcel thereof, as is aforesaid, The use only of so much of the premises, whereof any alteration, determination, diminishing, or enlarging shall be so had and made, shall be to such person and persons, uses, intents and conditions as shall be mentioned, specified, or declared in that writing indented, or last will and Testament only, and to none other person or persons, uses, intents, nor provisoes. Provided further, and it is declared by these presents, that the true intent and meaning of this Indenture is, that when any use or uses above limited, or any estate thereby made or grown by virtue or meaning of these Indentures, or by any of the provisoes, conditions or limitations aforesaid, shall cease, end, & determine, by breaking of any proviso or condition. That then immediately the use of such and so much of the premises, whereof any use or estate above limited shall so cease, end, or determine, shallbe immediately after formerlimitations in use ended, ceased, or determined, in such person or persons, to whom the use thereof is next limited and appointed by these Indentures, of like estate, and in like manner and form, as the same should have been if the same limitation had been without any proviso or condition, and had been in deed ended. ¶ The limitation of Uses. ANd it is further covenanted etc. that the said feoffees shall be seized Sect. 278. of the said manors, lands, etc. to the use of the said A. and the said issues males &c. until such time as the said A. or any one or more of his issues males after he, they, or any of them shall be owners of the premises, or of any part or parcel thereof, in possession, reversion, or remainder, shall either do, or suffer to be done, some act or acts, thing or things for the discontinuance of the tail of the premises, or any part or parcel thereof, or for taking away the right of the premises, or of any part or parcel thereof, otherwise then is appointed by the Act of Parliament made in the two and thirtieth year of the reign of King Henry the eight, entitled, An Act that the Leasees shall enjoy theirfarmes against the Tenant in tail, or in the right of their Wives, or Churches: whereby the state of entail of the premises, or of any part or parcel thereof, or the right of the said estate in the premises, or in any part thereof, limited by these presents to the said A. and his heirs males aforesaid, shall not, or cannot take place according to the true intent of this deed indented, and the meaning of the said B. etc. And then to the use of the etc. Limiting other uses. ¶ A Covenant reserving power to altar and raise uses. Provided always, if it shall chance the said I. S. by his testament Sect. 279. and last will, made in writing & sealed with his own hand, or by Indenture enrolled, & subscribed with his own hand, or by deed of feoffment, or other conveyance in writing, sealed with his hand and Seal, To devise, assure, appoint, or convey, the premises, or any parcel thereof, or any rents, annuities, fees, offices, or any other profits, commodities or advantages going out, or coming out of the premises, or any parcel thereof, or by any writing indented, Sealed by the hands of the said I. D. and subscribed, and delivered by him, to limit, dispose, appoint, or assign the use or uses, of all and singular the premises, or any parcel thereof, or to appoint any rents, annuities, offices, fees, commodities, profits, or advantages out of the premises, or any part thereof, or the uses thereof, in any other sort, than before is specified in these presents, that then and from thenceforth aswell the assurances aforesaid shall be, as the said R. D. etc. their heirs and assigns, as also all and every other person and persons, and their heirs, any thing lawfully having or claiming in the premises, or any part thereof, by the said R. D. etc. their heirs or assigns, or after or under their estate or interest, shall stand and be seized of the premises, or of such parcel of the same, so devised, assured, conveyed, limited, or appointed: And also shall stand and be seized, to such use and behoof, and of such person or persons, to whom such annuities, fees, profits, commodities, or advantages, of the premises, so shall be devised, conveyed, limited, assured, or appointed of such estate and interest, as in the same conveyances, last will, or feoffment, or in the same writing, and every or any of them shall be conveyed, and not otherwise, nor in any other manner: any thing to the contrary notwithstanding. ¶ A Covenant to altar Uses. ANd it is further condescended & agreed betwixt the said parties Sect. 280. and every of them for themselves their heirs & assigns do covenant and grant to each other of the same parties and their heirs and assigns, that if it fortune at any time hereafter the said T. T. during his life to draw & engross in parchment, or cause etc. another indenture with certain covenants contained in the same to lead ●o those of the same recoveries, fines and assurances in any other sort & order, then in these present Indentures they be lead, limited, & bestowed: and the same so drawn and engrossed shall seal and deliver as his deed●, that then immediately upon the sum of ten shillings of lawful etc. disbursed and bestowed among the poor inhabitants of the manor of H. the same assurances and every of them shall be, and the same A. B. C. D. their heirs and assigns, and every other person or persons, having or justly claiming to have any estate or thing in the same premises, or any part thereof, shall stand & be seized of the same to th'only uses contained in these Indentures, and to none other uses nor intents: any thing in these Indentures to the contrary thereof notwithstanding etc. See more of Uses in Covenants, to levy fines & suffer recoveries, and in Covenants to make Assurances, Covenants of marriage, and jointures. ¶ A Proviso for discontinuance of Uses. Provided always, that if any the said sons of the said I. S. of Sect. 281. his body lawfully begotten, or any etc. shall at any time hereafter advisedly, willingly, determinately, and effectually procure or assent, to or for any act or acts, thing or things, for any bargain, sale, discontinuance, alienation, exchange, or forfeiture to be had or made of the said lands, tenements, hereditaments, and other the premises, or of any part or parcel thereof to him or them, or any of them, as is aforesaid by these presents limited, declared, or agreed to be conveyed in use or possession, whereby any estate of the premises or of any part or parcel thereof in use or possession mentioned, limited, or declared by these presents, may, should, or might by any ways or by any means be undone, discontinued, debarred, altered, determined or forfeited, and the same bargain, sale, discontinuance, alienation, exchange, or forfeiture, or any other open or effectual thing, or act towards the same effect shall attempt etc. or by any other effectual act or acts, thing or things whatsoever, whereof or whereby any bargain, sale, discontinuance, alienation, exchange or forfeiture, shall or may ensue: That then immediately from and after the time of such procuring, attempting, causing, commanding, willingly assenting, suffering, or going about, in manner and form as is aforesaid, and before any such bargain, sale, discontinuance, alienation, exchange, or forfeiture, had, made, or perfected, executed, committed or done the said use and uses, estate and estates, limited and declared in these presents, to him or them that so shall attempt, cause, procure, command, or wittingly assent or suffer any such act or acts, thing or things to be prosecuted, executed, performed, done, or put in ure in manner above declared, whereupon any bargain, sale, discontinuance, alienation, exchange, or forfeiture shall or may ensue contrary to the true meaning of these presents, of and in such and so much of the said manors, lands, tenements, and hereditaments with the appurtenances, for which any of the things aforesaid, shall be attempted, caused, procured, commanded, assented, or suffered to be executed, performed, done, or put in ure, contrary to the true meaning of these presents, shall cease only as in respect and having regard to such a person or persons so attempting, procuring, causing, commanding, willingly assenting to, suffering, or going about any act or acts, thing or things abovesaid, contrary to the intent and true meaning of these presents, in such sort, quality, degree, and condition, as if such person or persons, their heir or heirs so attempting, procuring, causing, commanding, willingly assenting to, suffering or going about, any such act or acts, thing or things as is aforesaid, were naturally dead and no otherwise. And then and in such case shall immediately come, grow, or be, by the true intent and meaning of these presents, if such person or persons that so shall procure or assent, to, or for any such act or acts, thing or things, were naturally dead, of such like estate, and in like manner and forms, and with such like remainders in use over, and with like limitations and conditions as the same should have come, grown, or been, if the same person that so shall procure, or assent ●o, or for any such act or acts, thing or things to be done, at, or immediately before the time of such procuring or assenting were naturally dead and none otherwise. ¶ A liberty by Use to make Leases. Provided also, and it is fully covenanted, granted, and agreed by Sect. 282. all the parties to these presents, that it shall and may be lawful to and for the said Sir I. S. by his deed or deeds indented, during the natural life of the said Sir I. S. to demise and lease the aforesaid manors, lands, tenements, and other the premises appointed by these presents to be conveyed and assured to the aforesaid T. S. F. S. T. N. and L. M. and their heirs, to the use of the said T. for term of his natural life without impeachment of waist, and after his decease to the use of I. S. the son, and of the heirs males of the body of the said I. S. the son, of the body of the said M. lawfully begotten, and for default of such heirs, to the use of the heirs of the body of the said I. S. the son lawfully begotten with other estates in use of the same, as is aforesaid, to any person or persons for the term of xxi. years & not above, or for any lesser term or terms from the making of the same lease or leases, whereof no former lease and leases, of, and in the same manors, lands, and tenements, so to be demised, shall at the time of the making of the same lease or leases, have being and continuance. So that upon every the same lease and leases so to be made, the old and accustomed rent and rents or more shall be reserved, to have continuance, and shall be payable yearly during the same lease and leases to such person and persons as shall have the immediate reversion or remainder thereof during the same lease or leases to be made, And so that the same lease nor leases nor any of them be made without impeachment of waist, and that then the said assurance and assurances to be made, as is aforesaid, shall be, and the said T. S. F. S. T. N. and L. M. and their heirs shall stand and beseised, of, and in the premises so to be demised or leased, as is aforesaid, to the use and uses of such several person and persons, to whom the said premises or any parcel thereof shall be so leased, their executors, administrators and assigns, for and during such term and terms as been before declared, or under, as shall be limited upon any such lease or leases so to be made, as is aforesaid, upon any such like several conditions to be annexed to the uses, for non payment of the several rents so to be severally reserved upon such leases, as shall be limited in the same leases, and annexed to the lease of the said lands by the true intent and meaning of such leases: any thing in these presents mentioned or expressed to the contrary in any wise notwithstanding. ¶ Conveyances to Uses. ANd to the uses that the said W. M. may during his life make jointer Sect. 283. or jointers of all such lands, tenements, & hereditaments in S. aforesaid, parcel of the premises last recited, being now in the possession of T. M. & I M. brethren of the said W. to any such wife or wives as they the said T. and I M. or either of them, shall fortune hereafter to marry or take to wife, for and during their natural life or lives. And that it shall likewise be lawful to the said W. M. to make jointer or jointures of lands, tenements, and hereditaments in S. and K. parcel of the premises last recited, to the yearly value of etc. to any wife or wives that he shall hereafter fortune to marry and take to wife other then M. his now wife, for and during the natural life or lives, of any such wife or wives. And further, that it shall ●e lawful, to and for the said W. M. during his life, and to the said T. M. his son and heir apparent after his death, to make ●●●ynter or jointures to any such wife or wives as the said T. M. the s●●● shall hereafter fortune to marry, of the said manors, lands, 〈◊〉 and hereditaments, parcel of the premises last recited of 〈◊〉 lie rend of forty pounds above all charges and reprises. And that the said W. M. shall have in like manner free liberty and lawful authority and power during his natural life, of lands, tenements 〈◊〉 hereditaments parcel of the premises last recited, of the yearly re●● of xx. pounds, to make leases and grants thereof to the younger son or sons of the said W. for term of their natural life or lives, or thereof, or of any part thereof to declare his last will and testament for the performance thereof and payment of his debts, so that it be but for the space and term of xx. years, or under, next after the death of the said W. And that the said. I. H. and other the said Conisees and their heirs shall stand and be seized of the said premises, or any part thereof appointed, limited or assigned by the said W. M. for the jointer or jointures of the wife or wives of the said brethren, or either of them, or for any wife that the said W. shall hereafter marry, or the wife or wives of the said T. M. or to his younger son or sons during life or lives, in manner and form aforesaid, to the use of such person and persons as the said W. shall assign, limit, or appoint the same during the time aforesaid, and according to the limitation aforesaid. Trust. ¶ Abargaine and sale in trust to uses. THis Indenture tripartite etc. between T. T. on the ●●r●● party, Sect. 284. B. C. D. and E. on the second party, and F. H. G. I and K. on the third party, Witnesseth, that the said T. T. for the special 〈◊〉 and confidence that he hath in the said A. B. C. D. E. F. ●. ●. 〈◊〉 and for the sum of etc. Hath given, bargained and 〈◊〉, 〈◊〉 presents ●oth give, bargain and sell unto the 〈◊〉 A. B etc. 〈◊〉 his lands etc. To have and to hold● etc. during the natural lif● of the said T. T. and for and during the term of x. years 〈◊〉 and immediately following after the natural death of the said T. T. 〈◊〉 after the death of the said T. T. and after the said term of 〈◊〉 years ended and determined, then to have and to hold the said 〈◊〉 〈◊〉, etc. to the said A. B. C. D. etc. their heirs and assigns to ●he use o● them and their heirs etc. And upon condition that if the said ●. H. I and K. and their heirs, or the suruivor or survivors of them, and his and their heirs shall before the natural death of the said T. T. or within seven. years next after the natural death of the said T. T. alien, bargain and cell the premises with the appurtenantes, or so much thereof as by the said T. T. shall be limited or appointed by him, by word or by writing, Will or otherwise. And the desire and request of the said T. T. is that after the bargain, sale or alienation so had or made, the said A. B. C. D. etc. for the special trust and confidence that the said T. T. doth put in them, shall within vi. months next after such bargain, sale or alienation, purchase or cause to be purchased, other lands, tenements, and hereditaments, of as much cleere●● yearly value as the premises that shall be so bargained or sold by them or any of them shall amount unto, and that the suruivor or survivors of them shall within six months after such purchase, 'cause the same lands so purchased to be by good assurances and conveyances in the said Law assured and made sure to the heirs of the said T. T. in fee simple discharged of all manner of charges and encumbrances by them to be had, made, done or suffered. Provided always that for default of such bargain, sale or alienation of the premises by these presents given or granted, bargained or sold, from and after the said natural death of the said T. T. and from and after the said term and end of x. years next after the said natural death of the said T. T. the said A. B. C. and D. etc. and all and every person and persons, that shall be seized, of, or in the said tenements and premises, shall stand and be seized thereof to the only use and behoof of the right heirs of the said T. T. of, and in so much of the premises by these presents given or granted, whereof no bargain, sale, or alienation shall be hereafter by the said A. B. C. D. etc. so made as is aforesaid, And that then and from thenceforth it shall be lawful for the said right heirs of the said T. T. to re-enter into so much of the premises, whereof no such bargain, sale, or alienation, as is aforesaid, shall be hereafter by the said A. B. so made as is aforesaid. And the said G. H. I and K. do covenant etc. that they and every of them shall permit and suffer the said A. B. and C. etc. and every of them and their assigns quietly to receive and take the issues and profits of all and singular the said premises with the appurtenances during the natural life of the said T. T. and during the said term of x. years next after his natural death, without interruption or disturbance of the said G. H. I and K. or any of them, or any other person or persons, by the means or procurement of any of them, to be employed and bestowed to such purposes, uses, and intents, as the said T. T. hath and shall assign, limit, and appoint. And the said G. H. I and K. for themselves do covenant etc. That if it shall fortune the said A. B. and C. to decease during the natural life of the said T. T. that then the said E. F. G. H. I and K. and their executors & assigns, shall peaceably permit and suffer the said D. E and F. and every of them & their assigns, to have, take, and receive, all and singular the issues, rents, revenues and profits, of all and singular the premises, & every part and parcel thereof, for and during etc. without any let or impediment to be had, made, or procured by the said G. H. I & K. or by any of them, or by any other person or persons, by the means or procurement of any of them, to be employed and bestowed to such uses and intents, as the said T. T. shall limit, declare, assign, or appoint by word or writing. And the said T, T. for him, his heirs and assigns doth covenant etc. that the said etc. and every other person and persons now being seized, of, & in the premises, or of, or in any part or parcel thereof, shall from henceforth stand and be seized thereof, and of every part thereof, to the uses, intents, behoofes & conditions, in these presents before declared, mentioned, and expressed, and to, or for none other use, intent, or purpose etc. In witness etc. ¶ Covenants to convey a lease and goods in trust, instead of a jointure. THis Indenture etc. Between T. G. & W. L. etc. Witnesseth, that Sect. 285. in consideration of a marriage be had & solemnised between the said W. L. of the one party, and B. Q. widow, daughter of the said T. G. of the other party, It is now fully covenanted etc. that is to say: The said W. L. etc. doth covenant etc. that where I. B. by his deed indented, dated etc. hath demised, granted, & to farm let to the said W. L. all that his manor of C. To have & to hold etc. as by the said Indenture more plainly doth and may appear, the said W. L. in consideration of the said marriage to be had & solemnised between him the said W. L. and the said B. in manner and form aforesaid, & for the great zeal & love that he beareth to the said B. covenanteth etc. that he the same W. L. before the feast of etc. shall at the costs & charges of him the said W. L. his executors or assigns by his deed indented, assure, demise, give and grant to A. and C. the said manor of etc. together with all his right, title, interest, possession and term which the said W. L. hath to come, in, and to the same manor, and other the premises. To have and to hold the same to the said A. & C. & their executors, administrators & assigns, during the residue of the said term of years yet to come, of, in, & to the said tenements & premises, by virtue of the same lease for years above in the said presents recited, upon condition only that the said A. & C. & their executors and administrators ', & the executors or administrators of the suruivor or survivors of them, shall within six months next after the same assurance, demise, gift, & grant so by the said W. L. made of the premises to the said A. and C. make one other demise, and grant to the said W. L. & B. of the said manor of etc. to the said W. L. and B. their executors, administrators and assigns, from the date of the same demise & grant so by the same A. and C. to be made to the said W. L. and B. for & during the residue of the said lease and term of years mentioned in the said former Indentures yet to come, fully to be accomplished and ended. In which Indentures there shallbe a sufficient clause or proviso contained: That if it hap the said W. L. to die, and the said B. him to overlive, & that after the death of the said W. L. it shall happen the said B. to die before the end of the said term of years comprised in the said lease, made to the said W. L. in manner & form aforesaid: That then the residue of the said term of years, which shall so hap to remain & be undetermined at the death of the said B. shall remain, go, & be to the executors of the said W. L. And further the said W. L. covenanteth etc. that if it shall happen the said W. L. to die, and the said B. to survive and overlive the said W. L. that then the said W. L. shall further in consideration of the said Marriage by his last will and testament, freely give, assure, and assign to the said B. to her own proper use towards her living, advancement & preferment, goods and cattles, then being discharged of all encumbrances, and which the said W. L. shall then have by good and just title, amounting to the clear yearly value of etc. of the proper goods and chattels of the said W. L. And further the said W. L. covenanteth etc. that after one assurance, grant and conveyance made of the said term and lease of the said manor etc. by the said A. and C. and to the said W. L. and B. and to the longer liver of them, in manner and form aforesaid: That then and from thenceforth during the life of the said W. L. and B. the said W. L. shall not bargain, cell, surrender, forfeit, give nor alien the said tenements and premises, or any part thereof, nor his said estate, term, or interest, of, in, or to the same or any part thereof, nor shall in any wise encumber the said manor, or other the said premises or any part thereof, but that the executors of the said W. L. shall acquit, discharge, & save harmless aswell the said B. as the said mavor & other the premises, & every part thereof, during all the said term of years, in & to the said premises limited, appointed, and to be assured and conu●ied to the said B. in manner and form aforesaid, of all etc. And further the said W. L. covenanteth etc. that he the said W. L. his executors and assigns, shall and will at all times hereafter from time to time, do, suffer, and cause to be done and suffered, all and every such act and acces, devise, thing & things, as hereafter shallbe reasonably devised or advised by the said T. G. his executors or assigns, or by his or their counsel learned in the law, for the further & better assurance & sure making, of, & to the said lease & term of years, of, & in the said manor of C. etc. to be assured & made sure to the said W. L. & B. & to the suruivor of the●●, or to either of them, in manner and form aforesaid. Provided always and it is further covenanted etc. betwixt the said parties to these presents etc. & the said W. L. for him, his heirs etc. covenanteth etc. to & with the said T. G. that if it shall happen the said W. L. or the said B. Q. to decease or die before the said marriage had betwixt them, or that any of them shall refuse to marry with the other of them, at any time limited for the said marriage, or that the Law of God them to marry will not permit & suffer, or any other lawful impediment shall happen, whereby the said marriage shall not take effect: That then the said W. L. etc. shall satisfy, content, or otherwise repay to the said T. B. etc. at W. etc. within one month next after such death, refusal, or other such lawful impediment, as is aforesaid, the sum of etc. of good etc. in full payment of the said sum of etc. paid in marriage with the said B. Q. In witness etc. To assure a lease for a jointure: convey parcel of the term to the wife's friends, if she so long live, then let them reconuey parcel of their parcel to the husband, if he so long do live. ¶ A Conveyance in trust by a widow, of a lease given unto her first husband, that her second husband should not cell it away, as commonly it happeneth. THis Indenture etc. Between A. B. widow, late wife of T. B. & Sect. 286. executrix of the last will and testament of the same T. B. on the one party, and T. P. I. B. and R. T. brethren of the said A. on the other party, Witnesseth. That whereas the said T. B. by his last will and Testament, bearing date etc. did give unto the said A. B. all that his interest, lease, and term of years which he had of, and to the farm of S. and of all etc. with all his goods, cattles, stuff, & implements of household then being and remaining there. Provided always, that if it shall happen the said A. B. to departed this natural life before the end & term of the said years should be expired, ended and determined, that then the interest and term of years of the said A. B. in the said farm of S. and etc. should cease, and then and from thenceforth he willed that the said farm with etc. as it came to the said A. B. should remain to M. B. his daughter & her heirs, during the residue of the said years then to come in the said farm etc. Know ye now by these presents, that the said A. B. for sundry considerations her moving, and especially for the performance of the said will of the said T. B. according to the meaning thereof, hath given, granted etc. and by these presents doth fully etc. unto the said T. P. I. B. & R. T. all that her said right, title, estate, interest, lease, and term of years, which the said A. B. hath yet to come and expire, of, and in the said manor or farm of S. and of and in all etc. Nevertheless, the said T. P. I. B. and R. T. do covenant etc. that the same A. B. and her assigns, shall have the occupation and use of all the said manors etc. and all & singular other the premises in the said several leases specified, and shall and may have and take the profits and commodities of the same to her own use, commodity & profit, during the said term contained in the said lease of the premises, if the said A. B. do so long live. Provided always, and it is further agreed etc. that if it shall happen the said A. B. or any husband or husbands to whom the said A. shall fortune hereafter to be married, to alien, give, grant, or sell her whole interest and term of years to any person or persons, of, and in the premises before granted, or any parcel of the same: Or if it fortune the said A. B. to die before the end of the said years contained in the same lease: that then this present gift and grant of the use & occupation of the said premises to the said A in form aforesaid, given, made, or granted, to cease and utterly to be voided, & that then it shall be lawful to the said T. P. I. B. and R. T. their executors and administrators, and every of them, into the said manors etc. to re-enter etc. And furthermore the said T. P. I. B. and R. T. do covenant etc. that they the same T. I and R. etc. their executors etc. shall within one quarter of a year after the death of the said A. and at the costs etc. grant unto the said M. B. daughter of the etc. if the said M. be then living, the said Manors etc. and other the premises to her own use, during so many years of the said term of years, as shall then remain not ended, of, and in the same manors etc. and premises, or in any of them, discharged of all former bargains, etc. And furthermore, the said T. P. I. B. and R. T. do covenant etc. that if it fortune the said M. B. to decease in the life of the said A. B. that then the said T. I & R. their executors etc. shall likewise within one quarter of a year after the death of the said M. B. clearly convey and assure unto the said A. B. if they be thereto required by the said A. and at the costs etc. all their said right, title, etc. In witness etc. ¶ An assignment of a lease to certain uses. THis Indenture made &c. between W. T. on the one party, & F. Sect. 287. R. & I H. on the other party, Witnesseth, that where the said W T. is, & now standeth lawfully possessed for term of xxvi. years yet to come, of, in, and upon the manor of T. with thappurtenances in etc. by virtue of one Indenture of lease thereof made to the said W. T. by etc. bearing date the xx. day of etc. in the etc. yielding & paying therefore yearly etc. the yearly rent & farm of etc. as by and in the said Indenture of lease more at large appeareth: Now the said W. T. for & in consideration of a marriage to be had and solemnised between him and D. R. etc. hath given and granted, and by these presents doth give and grant to the said F. R. and I H. all & singular the messages etc. with thappurtenances in T. aforesaid, mentioned or contained in the said Indenture of lease, and all his estate, interest, and term of years yet to come by virtue of the said lease made by the said &c. in & to the said lands, grounds, & premises in G. aforesaid. To have and to hold the said mesuage in G. aforesaid to the said F. R. and I H. their executors & assigns, in manner and form following: that is to say, To the use of the said W. T. for, and during the term and space of forty years next and immediately ensuing the date hereof, if the said W. T. so long live, and after to the use of the said D. for & during the term and space of other xl. years than next following, if she the said D. shall so long live, and after to the use of the first issue male of the said W. T. begotten by him of the body of the said D. for the term of so many years as then shall be to come, & shall then remain unexpired of the said lease made by the said etc. if the issue male do so long live. And if it fortune the said W. T. to have no issue male begotten by him of the body of the said D. then to the first issue female of the said W. ut supra, etc. during and until such time as the just sum of one C. l. be fully had, received, and taken of the issues and profits of the said lands and premises, for and towards the preferment in marriage of the said issue female, if the said lease made to the said T. W. by the said etc. and the term of years therein contained shall so long endure and continued, And after the said hundred pounds so had & levied, then to the use of such person and persons as the said W. T. shall give or bequeath the same unto, for, & during all the residue of the said term and years contained and expressed in the said Indenture of lease made by the said etc. And the said W. T. doth covenant and grant for him etc. that he the said W. T. the day of the date hereof, is and standeth lawfully possessed of the premises and every parcel thereof, in manner and form aforesaid: And that the said premises & every parcel thereof now be, and so shall continued and remain to the uses and limitations afore rehearsed, according to the true effect and meaning of these presents, clearly discharged of, & from all former bargains, and payments of any rents reserved by the same Indenture of lease made by the said etc. conveyances and all other charges and inc●mbrances whatsoever. And that he the said W. T. hath not heretofore done, nor that he nor his assigns hereafter shall do or suffer to be done any act or thing, whereby the said estate, uses, and limitations, mentioned or expressed, by or in this Indenture, or any of them shallbe made voided, frustrate, or shall not take effect or endure, according to the true effect and meaning of these presents. In witness etc. ¶ A Covenant for quiet enjoying until money be paid. ANd the said G. S. doth covenant & grant, for him, his heirs, executors, Sect. 288. & administrators, to & with etc. That if it fortune the said F. R. his executors or assigns at any time hereafter during the said term of ix. years to be lawfully evicted or expulsed, of & from the quiet possession or occupation of the said manor & premises demised unto him by the said former Indenture of lease, whereby the said F. or his assigns shall or may not quietly perceive & take the annual or yearly sum of xx. l. of the issues, rents, & profits of the said manor and premises, according to the true effect & meaning of the said former Indenture of lease: That then presently upon such eviction or erpulsion, the said F. R. his executors & assigns, shall & may quietly & peaceably have, occupy, and enjoy the said capital mesuage or tenements called the H. and all the grounds, colemines, and hereditaments therewith demised & occupied, during and until such time as so much of the said nine score pounds as then shallbe unreceived by the said F. R. his executors or assigns by the said G. S. his heirs or assigns, discharged of all encumbrances had, made, or done by the said G. S. his heirs or assign. Provided, and it is so concluded and agreed, by & between the said parties, that if the said F. R. his executors & assigns, do quietly and peaceably occupy and enjoy the said manor of D. and other the premises demised by the said former Indenture of lease, during all the said term of nine years, according to the purport and true meaning of the said Indenture of lease: Or if the said G. S. his executors or assigns, do well and truly content and pay to the said F. R. his executors or assigns the sum of nine score pounds, or so much thereof as then shall remain not received by the said F. his executors or assigns, That then presently after the end and determination of the said term of nine years so quietly occupied by the said F. his executors or assigns as is aforesaid, or immediately from and after such payment had and made, as is aforesaid, this present indenture of lease shall be utterly voided, frustrate, and of none effect, and have no further being: any thing aforesaid to the contrary notwithstanding. In witness whereof etc. ¶ feoffment to xii. persons in Trust to certain uses, THis Indenture etc. Witnesseth, that the said I. S. for the special trust Sect. 289. & confidence that he the said I. S. hath and reposeth in the said A. B. C. D. etc. and their heirs and assigns, and for the great zeal and good will which he beareth to the poor people which now be, & which hereafter from time to time shall be inhabiting and dwelling within the town of C. in the County of D. And towards the maintenance, repairing, & making of such Bridges & highways, as now be, or hereafter shall be erected or made in the said Town of C. or within one half mile of the same. And for & towards the discharge, payment and contribution of fifteens, taxes, musters, wars, and other common charges and impositions wherewith the said Town of C. or the inhabitants thereof shall or may be charged, and in ease and relief of the poor people of the said town of C. for the time being, hath given, granted, and confirmed, and by these presents for him and his heirs, doth freely and absolutely give, grant, and confirm unto the said A. B. C. D. etc. and their heirs for ever, all those his messages etc. To have and to hold etc. to the said A. B. C. D. etc. their heirs and assigns for ever to the only use and behoof of the said A. B. C. D. etc. their heirs and assigns for ever upon trust, and to the intent that they the said A. B. C. D. etc. their heirs and assigns, shall with all the yearly rents, revenues, issues, and profits of the said tenements & premises etc. succour and relieve the said poor people, which now be, or hereafter shall be inhabiting within the said town of C. and the said Bridges maintain & make, and the said payments, contributions, and charges shall bear and sustain, in such sort and manner, as shall yearly from time to time for ever be agreed upon and thought meet to the chiefest part of the inhabitants of the said town of C. for the time being. And the said A. B. C. D. etc. do covenant etc. That if the said A. B. C. D. etc. or any of them shall at any time or times hereafter remove, go, & departed away forth of the said town of C. to any other place to inhabit and dwell, & do and shall inhabit and devil out of the said town of C. that then such and so many of the said twelve cofeoffees aforenamed, which shall so departed away forth of the said Town of C. and inhabit & dwell in any other place, shall not after such his or their departure thence, as is aforesaid, take, receive, or dispose, any of the rents, issues or profits of the said tenements and premises: But at all times after such his or their so departing and going away of him or them, as is aforesaid, shall grant, convey, release and assure to the residue of the said twelve persons then living and their heirs, or to such other twelve persons which shall be named & chosen by the chiefest or more part of the said inhabitants of the said town of C. then for the time being to be substituted and put in place and room of the said person or persons so departing or dying, and of the residue of the said feoffees then remaining or surviving, and their heirs, all his and their estate, right, title, and interest, of, and in the said lands and premises discharged & kept harmless, of, & from all bargains, estates, titles, charges, troubles, and encumbrances, than had or made, or to be had or made, by him or them, or any of them so dying or departing away, as aforesaid, as shall be devised or advised by the chiefest or most part of the inhabitants of the said town of C. aforesaid for the time being, or by their, or any of their counsel learned in the laws of this Realm: Except such leases for the term of years as shallbe made according to the tenor and true meaning of these presents. And it is further intended, meant, and agreed, by & between the said parties to these presents, that when & so often, and at whatsoever time or times hereafter, six of the said twelve persons aforenamed as feoffees, as aforesaid, or of any other persons hereafter to be so named as feoffees thereof, or more of them shallbe dead or departed out of the said town of C. to dwell elsewhere as is aforesaid: That then and so often it shall and may be lawful, to and for the chiefest and most substantial part of the inhabitants of the said town of C. for the time being, to name, elect, and choose xii. other persons of the inhabitants of the said town of C. for the time being to be feoffees in Trust, and to stand seized to the uses aforesaid, and be substituted and put in the place & room of the said former feoffees. And in like manner and form, election & elections of the said feoffees to be made, as is aforesaid, from time to time successively for ever, so often as it shallbe requisite. And that after such election or elections of such twelve persons to be feoffees, as is aforesaid made by the said inhabitants of C. aforesaid, such and so many of the feoffees aforesaid, as shallbe then living, at a reasonable request, costs and charges of the inhabitants of the said town then being, or the more or the chiefest part of the inhabitants of the said Town for the time being, shall by sufficient deed or deeds, or other conveyances or assurances, grant, convey, and assure the said lands etc. & premises, to the said twelve persons so newly chosen & their heirs, to the uses & intents aforesaid, with such covenants & conditions therein to be contained, as shallbe thought requisite to the said chiefest part of the said inhabitants for the time being, or their learned counsel, discharged of all titles, charges, & encumbrances had or made, or to be had or made by them, or any of them, other than such as shallbe had by them with the like consent of the said inhabitants for the time being, as is aforesaid. Provided always, and it is etc. to these presents in manner and form following: that is to say, that it shall not, nor may not be lawful at any time or times hereafter, to, or for the said A. B. and his said cofeoffees before named or any of them, their heirs or assigns, or any of them, or any other person or persons whatsoever hereafter to be named, elected or choose feoffees of the said lands, tenements & premises, to the use above written, to charge, convey, employ, or convert the said lands, tenements, hereditaments, & premises with thappurtenances, or any part thereof, or the rents, issues, and profits thereof, or of any part thereof, to any other use or uses, intent or intentes, or any other ways, then to the uses above in these presents mentioned, without the consent of the most or chiefest part of the inhabitants of the said town of C. for the time being thereunto first had and obtained, nor to extinguish, release, determine, frustrate or make void any rent or rents, condition or conditions, grant, covenant, or agreement reserved, contained, mentioned or implied, or to be reserved, contained, mentioned, or implied, in, or by any lease or leases heretofore made of the said tenements & premises, or of any part thereof, nor to make any new lease or leases of the said tenements and premises, or of any part thereof, before such time as all former leases of so much thereof so newly to be demised shall be expired, determined, surrendered, or ended, nor for any longer time or term then xxi. years, from the making of such new lease or leases, nor for any lesser or smaller rents, then been now already reserved and yielded for the same, and for and under such conditions and clauses of re-enter for default of payments of any rent or rents to be reserved, in, or by any such lease or leases, and with such other conditions, provisoes, and covenants therein to be contained, as from time to time for ever shall be thought meet and requisite by the said more or chiefest part of the said inhabitants of the said town of C. for the time being. And provided also and upon condition, and it is the true intent and meaning of these presents, and of all the parties to the same, and the said inhabitants of the said town of C. do consent and agreed, that it shall not at any time hereafter be lawful to any person or persons that hereafter shallbe named, chosen, and made a feoffee or feoffees of the said tenements & premises as is aforesaid, during such time as he or they shall so remain and be feoffee or feoffees thereof, to have, take, or occupy any part of the said tenements and premises, by lease for years or otherwise, nor to any lessee or farmer of any part of the said tenements and premises, during such time as he shall so be a lessee or farmer thereof, to be named, chosen, or made feoffee thereof, or of any part thereof. And it is further concluded and agreed, by & between all the said parties to these presents, & every of them, with the full consent & agreement of the said inhabitants of the said town of C. that yearly, and every year for ever hereafter, two of the said persons being, or which shall be feoffees of the premises, as is aforesaid, shallbe chosen by lots, & named the common grieves of C. to be grieves or Collectors & keepers of all such rents, revenues, & profits, as shall come, arise, or grow, of, & for the said tenements & premises, to the uses aforesaid, & to do all such acts & things as shallbe necessary, for or about the same until the Friday next after the feast of P. ad vincula, commonly called Lammas day, which shallbe next after every time of such choice of the said Grieves as is aforesaid. And that every year hereafter upon the Friday next after the said feast of P. ad vincula, commonly called Lammas day, the said Grieves for the year them past for the time being, in the presence of so many of the inhabitants of the said town of C. & the residue of the said feoffees, as will vouchsafe to be then there present there at in the parish Church of C. aforesaid, shall make & yield up aiust & true reckoning & account of all such sums of money, & other things, as they shall then have received, disbursed, or done in, for, or by reason of the premises, or any part thereof, unto the said inhabitants, or the said residue of the said feoffs, not being then Greeus there, & to deliver all tharrearages & overplus of their said receipt unto such two other persons, as shall then next after them be chosen grieves of the premises, as is aforesaid for ever. In witness etc. Grants, and what they be. A Grant Concessio, signifieth permission, sufferance, leave, licence, Sect. 290. yielding or giving over of a thing, but specially taken it signifieth a gift in writing of such things as can not aptly pass by word e only without writing: As rents, reversions, services, advowsons in gross, common in gross, villain in gross, tithes etc. or made by such persons as cannot give but by deed: as the King, and all bodies politic, as Majors and Cominalties, Deans, Chapters, etc. which differences been oftentimes neglected, and then it is taken generally to signify every gift whatsoever made of any thing by any person whatsoever. And he that granteth, is termed the grantor, and he to whom the grant is made, the grantee. An instrument of grant, is a deed containing the description of such a gift or grant, as is aforesaid. Of the examples whereof great variety ensueth. ¶ A 〈◊〉 of a 〈◊〉 〈◊〉 〈◊〉, 〈◊〉 of C●●●●●e ●cr●●● etc. THis Indenture 〈◊〉 between F. 〈…〉 Witnesseth th●● Sect. 291. the said F. hath 〈…〉 th●ppurtenances, set, lying, and being 〈◊〉 h●● the Lordship of B. 〈◊〉 in the parish of A. and S. & either of them, 〈◊〉 th●● the Coontie of 〈◊〉 and now or late in the tenure or occupation of R. or his assigns, by force of one demise or lease not yet expired, made thereof to the said R. and his assigns by E. K. etc. And also the reversion and reversions of all and singular the premises, and every part and p●rcel thero●●og●ther with Common for all manner ●f ●e a●●s of the said R. 〈…〉 and assigns, in, and upon the commmons and 〈…〉 of the said Lordship and manor, and all 〈◊〉 and 〈◊〉, to 〈◊〉 from the premises, & every part thereof, in such ample and large manner, as the said R. at any time heretofore have usualty had, used, or taken the same, sithence the making of the said lease, together with one acre of pasture with the app●●●●na●●s, lying in a ●●se of pasturocalled B. within the parish of 〈◊〉. To have and to hold etc. all the said messages etc. and other the promises, with 〈◊〉 lent common as is aforesaid, and ●● other the premises, before bargained and sold, with all and singular their appurtenances, and the reversion & reversions of the same to the said T. etc. Yielding and paying therefore yearly unto the said F. his heirs and assigns, Lords of etc. the sum of i●, ●̄. yearly at. y● 〈◊〉 of etc. And also doing suie to the court of the said manor at t●o tunes in the year●, upon general warning to be given for the holding of the said Court, by ●he ●ailife or other officer of the said F. his heirs or assigns, Lords of the said manor. And if the said T. upon such reasonable warning, as aforesaid, shall fail & make default in doing ●uit, as is aforesaid: That then and so often the said T. shall for fait to the said F. 〈◊〉 Lords of the said manor, for every such default: iiii. d. in full satisfaction for every such default. And the said T. for etc. doth covenant 〈◊〉 granted etc. F. etc. that if the said yearly rend of iii●●̄ or the said sum of 〈◊〉 for not doing siue to the Court, as is aforesaid be not paider That then and so often it shall be lawful for the said F. his heirs & assigns, Lords of the said manor into the foresaid premises, and every part & parcel thereof to enter, and there distrain etc. as by one ●● the thereof made etc. bearing date etc. plainly appeareth: That no● the said F. for divers good & lawful considerations him thereunto ●●●●ing, hath bargained & sold, given and granted to the said T. his heirs etc. for ever, all the said messages, 〈◊〉, re●●s, suit of Court, tenements, and other the premises, and all his reversion or reversions, of, and in the same, and every part thereof with the appurtenances. To have and to hold ●●e said mesuage, tene●●ts, and premises with thappurten●●ces to ●he said T. his heirs and assigns forever, to the only use and behoof etc. In witness whereof etc. ¶ A Grant of the reversion of certain lands with other lands in possession. Omnibus ad quos etc. W. B. W. R. I. S. & I W. salutem etc. Cum M. Sect. 292. v●or I W. ●uꝑ v●●● I. W. ha●eat & teneat ꝓrermi●o vitae suae, ex dimissione & fe●●●amento nostr' pnd' W. B. I. W. W. R. I. S. & I W. diversas terras & tennt cum suis pertinen̄●uper dicti I W. viri sui, scituat & jacent in vill' de S. praed' reversione & reman' eorund' terrar & ten̄torum immediate post decessum eiusd' M. nobis & haered' nostris de ●●re spectant. Cumque etiam nos praed' W. B. I. W. W. R. I. S. & I W. ad pnsens seis●● sumus & possessionatis in dnico nostro ut deseodo, de, & in diversis alij● terris, ten̄●i●, redi●, & seruic', pratis, pascuis, & pastur, cum suis p●●i●en̄, scitu●tis & jacent in H. in dict' come E. quae etiam nuper fuerunt dicti I W. viri nuper dictae M. & quae omnia & singula suprad' terr', tennt, & caetera praemissa in S. & H. praedict': Nos predict W. B. I. W. W. R. I. S. & I W. simul cum I W. filio nuper praed' I. Wi (qui totum ius suum nobis & haeredibus nostris nuper concessit & relaxavit) nuper coniunctim habuimus nobis, haeredibus, & assignatis nostri● in perpetuum ex dono & concessione, & chartae confirmatione I G. Sciatis nos praefat' W. B. I. W. W. R. I. S. & I W. dimisisse, tradidisse, concessisse, liberasse, & hoc praesenti scripto nostro confirmasse praefat' I W. filio, ac M. C. filiae nuper I C. quam dictus I W. (Deo dante ducet in vxor') tam omnia praed' terras & tenementa cum suis pertinentijs, quae habemu● in villa de H. praedict' & alibi, quàm etiam reversionem & reversiones praedictarum terrar, tenemen●●, redit', seruic', ac caeterorum premissor in S. praedict'. Habend' & tenend' omnia praedict' terras & tenement', ac cetera praemissa in H. praedict', una cum reversione praed' terr', tennt, & caeterorum praemissorum in S. immediate cum acciderit post mortem dictae M. W. praefat' I W. filio, & M. C. ac haered' de corporib' eorum inter eos legit procreatis, de capitalibus etc. Et velumus, & per praesentes concedimus, quod si conting at dictos I W. filium, & M. C. fine haered' de corpor eorum inter co● legiti●e procreatis o●ire, qd tunc omnia praed' terr' & ten̄t●, ac caetera praemissa in H. praed', una cum reversione praed' terr' & tennt ●c c●●●ero● praemissor in S. praedict' 〈◊〉 cum accide●● post mortem dictae M. W. integre remaneant & re●ertant praed' I. W. filio dict' W. G. & W. R. necnon I S. & T. T. haeredibus & assignat' suis in perper●●m. Tenendum de capitalibus etc. In cuius rei etc. ¶ A Gr●●●t of turbari●. THis Indenture etc. witnesseth, That the said A. B. hath given &c. Sect. 293. to the said T. F. and to the heirs males of his body etc. sufficient Turbary, with free liberty to dig and get Turfs, and liberty to draw, rear, windraw, repair, & stack the same turfs so digged & gotten within the manor of D. so often as need shall require, at all & every seasonable and reasonable time and times of the year, to be burned, spent, or used within, or at their 〈◊〉 house of H. in the said County of L. and not elsewhere, with free entry, egress & regress, in, to, & from the said manor, mesuage etc. to take and carry away the said Turfs, with carts, wanes, or otherwise, at his & their wills & pleasures, a● like seasonable and reasonable times etc. ¶ A Gr●●●t of Co●●● for a hundred 〈◊〉. OMnibus etc. Sci●tis me etc. in consideratione boni & laudabilis Sect. 294. co●●●lij ꝑ T. F. mihi impensi & imposterum imp●̄dend', dedisse, & hoc praesenti scripto meo confirmasse eidem T. F. annuatim, durant vita i●sius T. F. costodi●m debitan ad centunoves, t●m in ounili, falda, & pastura convenient c●m omnibus meis ꝑtotum annum custodi●nd' & p●●tu●●d', & infra manerlun 〈◊〉 de D. ●n comitat' C. qu●̄ in oibus & singulis terris & tenementis ●● is in D. Habend' ga●dend', & percipiend' eidem T. F. & assignatis suis, pro tota vita ipsius T. F. Et bene licebit eidem T. F. toties quoties ei placuerit ad intrand' in omnia praed' maneria, terras, & ●en̄ta, ad superulden● ' oves suas praedict', & eas in meliorem pasturam imponend (si necesse fuerit) ac oves pnd & quaml bet procellam e●ru● len vendere, permutare, & ad votum suum de eye faciend, ac oves alias ad numerum centum ovium & non ultra, in ouil' & pastur' praedictis impon●re & dimi●tere custodiend' & pasturand' in forma praedicta. In cuiusrei etc. ¶ A Grant of a re●●rsion to the Queen. THis Indenture made &c. between R. W. of D. etc. on th'one party, Sect. 295. & our most gracious sovereign Lady Queen Elizabeth on the other party▪ Witnesseth, that the said R. W. for, and in consideration of a certain sum of money to him paid by our said Sou●raigne, whereof he acknowledgeth the receipt, and thereof & of every part thereof doth clearly acquit and discharge our said Sovereign Lady her heirs and successors for ever, hath given, granted, aliened, bargained, & sold, & by these presents doth give, grant, alien, bargain & sell unto our said sovereign Lady the Q. Majesty, her he●●s and successors for ever, all that close of pasture or pastures, ● all lands, tenements, and hereditaments whatsoever with the ●●●●●tenances, called or known by the name or names of B. situate, 〈◊〉, & being in the parish and fields of H. in the county of D. now or 〈◊〉 the tenure or occupation of I. B. or of his assigns. together ●●th all the rights, members, & appurtenances of the same. To have 〈◊〉 ho● the said tenements and premises with the appurtenance●●● 〈…〉 sovereign Lady the Q. Majesty, her heirs and success 〈…〉, unto the only proper use and behoof of our said soveraigue L●●y the Q. Majesty, her heirs & successors for ever. Provided always, & upon condition following, that if the said R. W. or his heirs, or ani● of them, do at any time hereafter grant by his dee●●, to ●e enrolled in the Queen's highness court of Chancery, one annuity or yearly rend of etc. of lawful English money, unto our said Sovereign L. the Q. highness, her heirs & successors, issuing & going forth of any the l●nds, tenements & hereditaments of the said R. W. or of his heirs, declaring his or their intent therein to be, that this said grant to the Q. highness shallbe void: That then this present deed, or grant, bargain & sale of the said premises with thappurtenances to the Q. highness her heirs and successors limited and appointed, shallbe utterly vow, frustrate, and of none effect. In witness etc. ¶ A Grant of a Remainder and the Reversion of lands to the Queens. Majesty, for the preservation thereof by deed ●nrolled, reu●c●ble by tender of money etc. TO all faithful people to whom etc. I. C. of L. in the county of Y. Sect. 296. Clothier, sendeth greeting in our Lord God everlasting. Whereas one I C. my father late of L. aforesaid, in the said County of Y. deceased, was lawfully seized in his de●●tane as of fee, of and in certain closes and parcels of land, meadow and pasture, lying and being on the Northside of one water or river called L. in Q. within the ●arish of H. in the County of Y. And the said I E. being of the land●s, tenements, and premises so seized, did by his deed indented, bearing date etc. give, grant, and confirm the said premises to E. C. his son and natural brother unto me the said I C. by the name of E. C his younger son. To have and to hold all and singular the premises with their appurtenances, to the said E. C. and to the heirs males of his body lawfully begotten. And if it should happen the said E. C. to die without issue male of his body lawfully begotten: that then all the foresaid lands and tenements with the appurtenances should remain to me the said I C. elder brother of the said E. C. and to the heirs male●of my body lawfully begotten. And if it should happen me the said I C. to die without heir male of my body lawfully begotten: then the foresaid lands and tenements with their appurtenances ●● remain to the heirs males of him the said I C. the giver lawfully begotten. And if it should happen him the said I C. to die without such issue male of his body lawfully begotten: that then all the said lands and tenements with thappurtenances should remain to the heirs of the body of the said E. C. lawfully begotten. And for default of such issue: that then all the foresaid lands and tenements with thappurtenances should wholly revert to the right heirs of him the said I C. the giver, wheresoever they can be found for ever, as by the said deed indented more plainly appeareth. The remainder of which said lands & tenements with th'appurtenances by virtue of the said deed, together with the reversion thereof, are expectant unto me the said I C. being son and heir unto the said I. C. the giver, and elder brother unto the said E. C. Know ye therefore me the said I C. for divers good causes & considerations me especially moving, to have given, granted, and confirmed, & by these presents do give, grant, and confirm to our Sovereign Lady Eliz. by the grace of God, Queen of etc. all my reversion and remainder of the said lands etc. and all my right, title, interest, estate, use, possession, and demand, which I now have, or at any time hereafter shall have, or aught to have, of, & in the same. To have and to hold the said reversion and remainder whensoever the same shall happen, and all other my right, interest, estate, use, possession, and demand, which I now have, or any time hereafter shall or aught to have, of, and in the premises, unto our said Sovereign Lady Q. Elizab. & her successors for ever, upon this condition following: that is to say, If I the said I C. mine heirs or assigns, or any of us, do at any time hereafter, offer or tender to pay unto the Barons of her majesties court of Thexcheq. or to any one of them sitting in the open Court there, for, and to her majesties use, or to the use of her successors, the sum of xl. s. of good and lawful money of England: That then immediately and at all times after such tender and offer of payment to be made of the said sum of xl. s to her majesties use, or to the use of her successors, as aforesaid: This present grant, and the knowledging and enrolling thereof, and every thing and things therein contained to be utterly voided, frustrate, & of none effect. And such reversion, remainder, use, possession and estate which I now have in the premises, or at any time hereafter aught to have (if this present grant were not made) by any possibility, immediately after such tender and offer of payment made (as aforesaid) shall be and remain to me and my heirs for ever, and so to be adjudged and taken for ever, in such manner and form, as though this present grant had never been had, made, knowledged, nor enrolled: This present writing, nor the knowledging or enrolment thereof, or any thing therein contained to the contrary thereof in any wise notwithstanding. In witness whereof unto this my present writing, I have set my hand and seal. Given the xii. day of N. in the year of the Reign of our said Sovereign Lady Elizabeth by the grace of God, of England etc. ¶ A sale of a Reversion. OMnibus etc. I H. salutem in dno sempitern. Cum C. M. vidua Sect. 297. quae fuit uxor I M. juxta voluntat eiusdem I M. habeat & teneat ad termin̄ vitae eiusdem C. ex dimissione, traditione, & chartae indentatae confirmatione mei dicti I H. ac I B. iam defunct', omnia illas terras etc. quae ego dictus I H. & pndictus 1 B. quondam coniunctim habuimus nobis haered' & assignat' nostris in perpetuum, ex dono & feoffamento dict' I M. in villa & campis etc. & reversione omnium praedictorum terrarum, tenementor, & reddit', post mortem dicti C. mihi praefat' I H. & haeredibus & assignatis meis de iure spectant. Noveritis me praefat' I H. dimisisse, tradidisse, liberasse, & hoc praesenti scripto meo confirmasse N. S. de N. dict' reversionem omnium praedict' etc. & omnibus suis pertinentijs, statim cum accident post mortem dicti C. Ita quod omnia predict' terrae etc. Habend' & tenend' dict' reversionem cum omnibus & singulis suis praemissis cum pertinentijs post mortem dict' C. haered' & assignat' suis in perpetuum de capitalibus dominis etc. In cuius etc. ¶ A grant of an Annuity. OMnibus etc. T. G. in come N. salutem in etc. Sciatis me praefat' T. Sect. 298. G. tam pro & in consideratione boni con●lij mihi ꝑ quendam T. M. de P. in come praed' gen ante haec impensi & imposterum impendend, quam pro diversis all, s causis & considerationibus me in hoc specialiter movent, dedisse, concessisse, & hoc praesenti scripto meo confirmasse praef. N. & assignat' suis, quan dam annuitatem sive annual' redit' etc. exeunt & annuatim ꝑcipiend' de manerio meo de C. in predict' come N. ac de omnibus mesuag', terr', tenement' & hereditament meis quibuscunque; cum suis pertinentijs universis de C. pnd'. Habend', gaudend', leuand', & percip●end' dict' annuitatem sive annual' redd' etc. de praed' manner de C. predict', praef. T. N. & assign' suis ꝓ termino vite nature eiusd' T. N. per manus firmariorun, tenentium, recept, ballivorum, seu aliorum officiariorum occupatorum praemissorum, aut alicuius inde parcell', ad festa etc. aequis porcionibus annuatim soluend'. Et si contingat etc. si licito modo petatur, etc. plenary solutfuerit, De qua quidem annuitate sive annual' reddit' etc. ego prefat' T. G. posui prefat' T. N. in plenam & pacific' possessionem & seisin, per solutionem sibi in die confect' praesentium iiij. d. nomine seisin̄ eiusdem. Ft ulterius ego praef. T. G. volo & concedo per pnsentes, quod hoc praesens scriptum meum, una cum acquietanc' praef. T. N. sit s●fficiens warrant' cuicunque firmar, tenant, recept, ballivorum, seu aliorum officiar sive occupator praemissorum, aut alicuius inde parcell' add onerand' eos & quemlibet eorum, de, pro, & concern solutionem annuitat sive annual' reddit' etc. ac arrerag' eius●em. Quodque illi praed' firmar, tenentes, recept, occupator, balli●i, seu Eschaet & alij officiarij praemissorum, aut alicuius inde ꝑcell', ac haered', executor', & administr sui, qui praedict' annuitat sive annual' reddit aut arrerag' eiusdem praef. T. N. aut suo certo atturnato solvere contigerint, super monstrac' acquietanc' praed' T. N. proinde fiend' exonerabuntur versus me praef. T. G. haered' & assign' meos, de tanto reddit' praemissorum, aut alicuius inde parcell' quant ipsi praef. T. N. aut suo certo atturnat, de praed' annual' reddit' etc. aut de arrerag' inde soluent, aut solvere contigerint. In cuius rei testimon etc. ¶ A grant of an Annuity to a Chirurgeon. SCiatis nos dedisse, concessisse, & hoc pnsentiscript nostr' confirmasse Sect. 299. pro nobis & haered' nostris, dilect' & fideli seruienti nostro D. B. Chirurgo pro bono seruitio, consilio, & necessario auxilio suo nobis & oimbus hlijs & filiabus inter nos legit ꝓcreat in nostra necessitate & corporis egritudin̄ impenso & imposter impendend', quandam annuitatem etc. ¶ A grant of part of an Annuity. Unto all Christian people to whom this present writing shall come, Sect. 300. F. R. of etc. & D. R. of etc. widow, sendeth greeting. Where the said F. R. doth yearly pay to the said D. during her life an Annuity or yearly rend of etc. for, & in consideration of her dower of the lands of I. R. her late husband deceased. And where also the said D. of her free will and benevolence is minded to give unto W. P. her brother, one Annuity or yearly rent of five Marks, parcel of the said Annuity or yearly rend of etc. towards his preferment and maintenance of living, to be had and received at the hands of the said F. R. his heirs or assigns, who is very well contented and pleased to pay the same accordingly. Therefore know you me the said D. R. to have given and granted, and by these presents do give & grant to the said W. P. my brother, the said Annuity or yearly rent of five Marks, parcel of the said yearly rend of etc. to be paid yearly by the said F. R. his heirs and assigns, at the feast of S. Martin the Bishop in Winter, and Penticost, by even portions. To have and perceive the said Annuity or yearly sum of etc. to the said W. P. and his assigns, from etc. during the natural life of me the said D. if the Marriage which God willing shall be had and solemnised between W. T. of etc. gentleman, and me the said D. shall so long endure and continued. And the said F. R. doth grant by these presents, for him and his heirs, that if it fortune the said Annuity or yearly rent of etc. or any part or parcel thereof to be behind unpaied by the space of twenty days, next after any of the said feasts or days whereat the same aught to be paid: That then it shall be lawful for, and to the said W. P. and his assigns, into all that his manor of O. with the appurtenances in the said County of D. and into all and singular his lands, tenements, and hereditaments in O. aforesaid to enter and distrain: And the distress there so taken, to lead, drive, chase, and carry away, and the same to impound, detain, and keep, until such time as he or they of the said annual or yearly rent of etc. with the arrearages thereof, if any such be, be fully satisfied, contented & paid. In witness whereof aswell the said F. R. as the said D. to this present writing, have put their Seals the twentieth day of etc. ¶ A grant of an Annuity. Omnibus etc. Noveritis me prefat' I. dedisse, concessisse, & hoc praesenti Sect. 301. scripto meo confirmasse C. T. de D. unum annual' redit', sive annuitatem xl, s. exeunt de quodam tenemento sive hospicio in etc. Habend', tenend', & percipiend' praedictum annual' reditum, sive annuitatem xl. s. de praed' tenemento sive hospicio cum suis peninentijs praefat' C. haeredibus & assignatis suis in perpetuum, ad festum Annunciationis beatae Mariae Virgins, & sancti Michaelis Archangeli, per aequales porciones annuatim soluend'. Et si contmgat praedict' annualem reditum sive annuitatem xl. s. ad aliquem festum solutionis, quo solui debet, in part vel in toto aretro esse non solutum quod extunc bene liceat praedict' C. haere●ibus & assignatis suis in dictum tenementum sive hospicium intrar, et distringere, & districtiones ibidem inventas seu captas asportar, abducere, fugare, & penes se retinere, quousque de praed' annuali reditu sive annuitate, una cum omnibus inde arreragijs, siquae fuerint, sibi plenarié fuerit satisfact' & persolutum: de quo quidem annuali reditu sive annuitate, posui praedict' R. in plenam possessionem & seisinam, per solutionem sex denariorum etc. In cuius rei etc. ¶ A grant of a Reversion. OMnibus Christi fidelibus, ad quos praesens scriptum pervenerit, Sect. 302. W. H. etc. Cum C. H. pater meus habeat & teneat pro termino vitae suae quoddam tenementum cum suis pertinentijs in W. etc. vocatum H. recuperation inde post suum decessum mihi & haeredibus meis spectant: Noveritis me praefat' W. dedisse, & hoc praesenti scripto meo confirmasse T. B. reversionem dicti tenementi cum suis pertinentijs cum acciderit post decessum praedict' R. patris mei. Habend' & tenend' praedict' reversionem cum suis pertinentijs cum acciderit, praefat' T. B. haeredibus & assignatis suis in perpetuum, de capitalibus etc. In cuius rei etc. Dat' etc. ¶ A grant of an Annuity, with a pain for not paying the same. OMnibus Christi fidelibus etc. E. K. gentleman, consanguineus & haeres Sect. 303. H. R. salutem. Sciatis me praefat' E. dedisse, concessisse, & hoc praesenti scripto meo confirmasse M. B. & I uxori eius, ac nuper uxori praedict' H. quandam annuitatem sive annual' reditum xxuj. s. etc. in plenam satisfactionem & contentationem totius dotis sive iunctur̄ spectantis dictae I. post mortem praed' H. de, sive in omnibus terris & tenementis praed' vocat' etc. Habend' & percip●end' praedictum annuitatem sive annual' reditum praefat' M. B. & I vxor' eius, pro termino vitae ipsorum M. & I ac alterius eorum diutius vivent. Et si contingat etc. ut in alijs districtionibus. Et ulterius sciatis me praefat' E. concessisse, & hoc praesenti scripto meo confirmasse prefat' M. & I uxori eius, quod quotiescunque contigerit dict' annuitatem sive annual redit' aretro foreign non s●lut̄ in part vel in toto post aliquod festum festorum praedictorū●uo solui debeat, per spacium sex septimanarum, tunc ego praedi●●●● E. & haeredes mei forisfaciemus decem solid' nomine pe●●e prae 〈…〉 & I. vxo●● eius, quos tunc bene licebit retinere quousque tam de praedict annuitate sive annuali reditu xx. s. quam pro praed' x. s. nomine penae sic forisfact', una cum arreragijs, misis, & expensis, ea occasi●ne habit, plenary fuerit satisfact' & solut. In cuius rei testimonium etc. ¶ A grant of a Rend charge with a nomine penae determinable by payment of money. And a covenant to levy a fine for the assurance thereof, and that for want of payment the grant or may enter. THis Indenture made &c. between G. A. on the one party, and F Sect. 304. R. on the other party, Witnesseth, that the said G. A. for, and in consideration of the sum of etc. to him by the said F. R. well and truly contented and paid before the insealing and delivery hereof: Of which said sum the said G. A. doth acknowledge himself fully satisfied and paid, and thereof doth acquit the said F. R. by these presents, hath given and granted, and by this Indenture doth for him and his heirs clearly give and grant unto the said F. R. and his heirs, the yearly rent or sum etc. issuing and going forth of all that capital mesuage or tenement with the appurtenances in K. aforesaid, in the said County of D. commonly called and known by the name of G. hall, and out of all those lands and hereditaments in K. aforesaid, known, reputed, or taken as part or parcel of the said tenement, or so demised or occupied, to, or with the same, and issuing and going forth of all that mesuage or tenement etc. And forth of all other his lands, tenements, and hereditaments in K. aforesaid, in the said County of D. To have, hold, perceive, and enjoy the said annual rent or sum of etc. unto the said F. R. his heirs and assigns, to the only and proper use and behoof of the said F. R. his heirs and assigns for ever, payable yearly at the now mansion house of the said F. R. at S. within the County of D. at the feast of etc. by even portions. The first payment thereof to begin at the feast of etc. which shallbe in the year of our Lord God etc. And the said G. A. doth covenant etc. that if it shall fort●●e the said annual rent or sum etc. or any part or parcel thereof to be a●rere and unpaied by the space of xx. days next after any of the said feasts or days whereat the same aught to be paid: That then and from thenceforth it shall be lawful, for, and to the said F. R. his heirs and assigns into the said messages, lands, and premises, and every part and parcel thereof to enter and distrain, and the distresses then and there found, to lead, drive, chase, and carry away, and the same to detain and keep, until such time and times, as he or they be fully satisfied, contented and paid, the said annual or yearly rent of etc. with tharrearages thereof if any such be. And the said G. doth and covenant etc. to and with etc. that if it shall happen the said annual ren●●c. or any part or parcel thereof to be arrere and unpayed by the 〈◊〉 of xxx. days 〈…〉 of the said fea●●●● or days whereat the 〈◊〉 annual rend oug●●●● be paid: That then and from thenceforth the said ●●. ●. his hei●●● and assigns shall forfeit and loose to the said F. R. his ●●ires and assigns, the sum of x. pounds of lawful English money no●ine penae for every such default. And the said G. A. doth likewise covenant and grant for him, his heirs and assigns, to and with the said F. R. his heirs and assigns by this Indenture: That if it shall fortune the said annual rent or sum etc. or any part or parcel thereof, or the said sums of etc. to be forfeited nomine penae, if any such shallbe, or any of them to be arrere and unpaied by the space of forty days next after any of the said feasts, whereat the same annual rent aught to be paid: Or if it shall Fortune that no sufficient distress or distresses can be had or taken, in, or upon the premises, according to the true intent and meaning of these present Indentures: Or if it shall happen any rescous or pound breach to be made, or any replevin or replevins to be sued or obtained, of, ●● for, or by reason of any distress or distresses to be taken by virtue of these presents, as is aforesaid: That then and from thenceforth it shall and may be lawful, for, and to the said F. R. his heirs and assigns, into the said messages, lands and premises, out of which the said annual rent is granted to enter, and the same, and every part thereof to use, have, and enjoy to his and their own use and uses, and the rents, issues, and profits thereof coming and arising, to receive & take, and the same to detain and keep to his and their own use, without any account making thereof to the said G. A. his heirs or assigns, and to use and occupy the said lands and premises to his and their own use, until such time as the said annual rent or sum of etc. and every part and parcel thereof, and the arrearages of the same, together with the said sum or sums to be forfeited nomine penae (if any such be) be unto the said R. R. his heirs & assigns, fully from time to time paid by the said G. A. his heirs or assigns, or some of them. Of which said sum of etc. the said G. A. hath put the said F. R. in full possession and seisin, by the payment and delivery of twelve pence of lawful English money, being parcel of the said rend, unto the said F. R. at the insealing and delivery hereof. And the said G. A. doth further covenant for him, his heirs etc. to and with the said F. R. his heirs etc. that he the said G. A. shall well and truly pay, or cause to be paid unto the said F. R. his heirs and assigns yearly the said annual rent of forty pounds, and every part and parcel thereof, in, or upon every of the said feast days before mentioned, or within twenty days next after every of the said feast days, at, or in the said, now dwelling or mansion house of the said F. R. at S. aforesaid, within the said County of D. And the said G. A. doth further covenant, for him, his heirs and assigns, to and with the said F. R. his heirs, executors, and assigns, by these presents, that he the said G. A. is the day of the date hereof lawfully seized of a good and perfect estate of inheritance in fee simple, of, and in the said messages, lands and premises, and every part and parcel thereof. And that the said messages, lands and premises, out of which the said rend of forty pounds is granted, and every part and parcel thereof, at the day of the date hereof, or at, or before the said feast ●f etc. which shall be in the year of our Lord God etc. shall be, and from thenceforth so remain and continued free, exonerated, and clearly discharged, or otherwise saved harmless by the said G. A. or his heirs, executors, or assigns, of, and from all former bargains, leases, titles, charges, and incumbraunces whatsoever. One annuity or rend charge of etc. by year, yearly going forth of certain of the said lands and premises called G. to R. S. and his heirs, And one other Annuity or rend charge of etc. by year, yearly going forth of the said lands and premises, to the said R. S. his executors or assigns, from the third day of Octob. next ensuing the date hereof, for, and during the term and space of etc. then next and immediately following, fully to be complete and ended: And leases for years heretofore made, not exceeding the number of ten years from the date hereof, whereupon the accustomed yearly rents or more are reserved: And the title of dower of E. now wife of the said G. and the rents and services hereafter to be due to the chief Lord or Lords of the fee or fees thereof only excepted and forprised. And the said G. A. doth further covenant etc. that the said lands and premises before mentioned, out of which the said rent is granted, are of the clear yearly value of xl. pounds, over and above all charges, annuities and reprises. And the said G. A. doth also covenant etc. that he the said G. A. shall and will before the feast of Easter next ensuing the date hereof, at the costs and charges of the said G. A. levy a fine in due form of law to N. C. and R. C. & to the heirs of one of them, of all and singular the said messages, lands & premises, and of every part and parcel thereof, by the name and names of four messages etc. or by such or the like name or names in effect and meaning: By which said fine the said G. A. shall recognise the said tenements with thappurtenances to be the right of the said N. as those which the said N. and R. have of the gift of the said G. and the same shall remise and quite claim from him the said G. & his heirs, to the said N. and R. and the heirs of the said N. for evermore. And further the said G. shall by the same fine grant for him & his heirs, that they shall warrant to the said N. and R. and the heirs of the said N. the tenements aforesaid with the appurtenances against all men for evermore: Which said fine so to be levied & perfected of the said lands and premises, by the name and names aforesaid, or by any other name or names whatsoever is meant & intended, And the said parties do accordingly, conclude and agreed for them and their heirs, that the said fine, and all & every other fine and fines, recovery and conveyance hereafter to be had, made, or executed, by or between the said parties, or between the said G. A. & any other person or persons by the appointment or nomination of the said F. R. his heirs or assigns of the said lands and premises, or of any part thereof, shallbe to the uses, behoofes, intents and purposes hereafter in this Indenture mentioned and expressed, and to and for none other use, intent, or purpose. And it is further concluded and agreed, by and between the said parties to this Indenture, for them & their heirs, and either of the said parties doth severally covenant and conclude, to and with other their heirs and assigns, that the said N. C. and R. C. and their heirs, and all and every other person or persons and their heirs, that now be, or then shall stand or be seized of the said lands and premises, or of any part or parcel thereof, shall from and immediately after the said fine be perfected, stand, and be seized of the said lands and premises to these intents and purposes following: that is to wit, That if the said annual rent or sum of xl. pounds, or any part or parcel thereof, or the said sum or sums of x. pounds to be forfeited nomine penae, or any of them, at any time or times hereafter shall fortune to be arrere and unpaied by the space of forty days next after any of the said feasts, whereat the same annual rent aught to be paid at the place before mentioned: Or if no sufficient distress can be found, as aforesaid, or any rescous, poundbreach, or replevin shall happen to be had or made, as is aforesaid: That then and from thenceforth, and at all and every time and times, and from time to time it shall and may be lawful to the said F. R. his heirs and assigns into the said messages, lands and premises, out of which the said rent is granted, and every part and parcel thereof to enter, and the same and every part thereof to have and mioy, and the rents, issues, and profits thereof coming and arising to receive and take, and the same to detain and keep to his or their own use, without any account making thereof to the said G. A. his heirs or assigns, and to use and occupy the said lands and premises, to his or their own use and benefit, until such time and times as the said annual rent of xl pounds, and the arrearages thereof, together with the said sum or sums to be forfeited nomine penae, if any such be, unto the said F. R. his heirs or assigns shall be fully from time to time paid by the said G. A. his heirs or assigns, or some of them, according to the true meaning of these presents, and that after payment of the said annual rent of xl. l. and of the said sum or sums to be forfeited nomine penae, if any such shall be, and of every part and parcel of the said rend and penalty, when and as often as they or any of them shall fortune to be behind in form aforesaid, had and made unto the said F. R. his heirs and assigns with tharrearages thereof (as if any such be) The said fine and all & every other assurance to be had or made of the said lands and premises, or of any part thereof, by the appointment and nomination of the said F. R. shall be deemed and taken to be to the use and behoof of the said G. A. his heirs and assigns for ever, with this condition limitation and purpose, That it shall & may always be lawful to the said F. R. his heirs and assigns to enter into the said lands and premises out of which the said rent is granted for default of payment of the said annual rent by the space of xl. days, at all and every such time and times as the same shall be arrere, and ●o take and receive the issues and profits, use and occupation of the said lands and premises until he or they be paid the same annual rent with tharrearages thereof & the said sum or sums to be forfeited nomine penae, if any be, and every part thereof from time to time according to the meaning of this Indenture. And the said G. A. doth furthermore covenant etc. that he the said G. A. and his heirs shall and will from time to time at all times hereafter, when and as often as he or they, or any of them shallbe thereunto reasonably required by the said F. R. his heirs or assigns within the time & space of v. years next ensuing the date hereof, do execute, acknowledge and make, or cause and suffer to be done, executed, acknowledged and made, all and every such further act & ac●es, thing and things of assurance, devices and assurances whatsoever, as shallbe reasonably devised or advised by the said F. R. his heirs or assigns, or by his or their counsel for the further and better assurance, surety, & sure making of the said annual rent of etc. unto the said F. R. his heirs and assigns, according to the effect and true meaning of these presents: At the costs & charges in the law of the said G. A. So that the said G. be not compelled to travel above xx. miles from the place where he now dwelleth for the making or doing of any such further assurances. Provided always and it is concluded and agreed by & between the said parties to this Indenture, for them their heirs and assigns: That if the said G. A. his etc. or any of them do well and truly content and pay, or cause etc. unto the said F. R. his etc. the sum of etc. in or upon the feast day of etc. which shall be Anno Domini etc. at or in the now mansion house of the said F. R. at S. aforesaid, between the hours of etc. That then and from thenceforth this present grant, and all & every clause and article herein contained, and all bands for further assurance and enjoying of the said annual rent, to be utterly void and of none effect: the said fine or other conveyance to be made of the premises, by the appointment of the said F. R. notwithstanding. Provided also, that if the said G. A. his etc. do make default in payment of the said sum of etc. upon the said feast day of etc. which shall be in the said year of our Lord God etc. at the place aforesaid, whereby the said annual rent of etc. by the true meaning of this Indenture, is to continued to the said F. R. and his heirs: yet nevertheless the said F. R. is contented, and accordingly doth covenant & conclude for him etc. That if the said G. A. at any time during his natural life, and during the life of the said F. R. together shall be minded that the said yearly rend or sum of etc. shall cease and have no further being or continuance, & thereupon the said G. A. during the life of him and of the said F. R. do by his writing under his hand & seal, sealed in the presence of three or more substantial and credible witnesses, upon either of the said feast days give notice or warning unto the said F. R. at his now mansion house at S. aforesaid: That he the said G. is minded that the said yearly rend or sum of xl. l. shall cease and have no further being or continuance: And also do well and truly pay or cause to be paid unto the said F. R. or his assigns the sum of 400. l. of lawful English money, at, or in the said now dwelling house of the said F. R. at S. upon the feast day or day of payment next after such warning or notice given with the half years rend that shallbe due upon the same feast day: That then and from thenceforth after such payment of the said sum of etc. had and made in manner and form abovesaid, and upon the payment of the said half years rend, which shall be due at the end of the said half year, the said yearly rend of xl. l. to cease and be determined: And the said clause of distress, and all and every other article, thing, covenant and grant herein mentioned for giving any benefit to the said F. R. his heirs or assigns: And the said bonds for further assurance or conuciance of the said annual rent of etc. to be utterly voided and of none effect: any thing in these presents before mentioned to the contrary etc. And lastly it is agreed between the said parties for them and their heirs, & either of the same parties doth severally conclude and covenant, to & with the other party and their heirs, that the said fine before mentioned, and all and every other fine and fines, act and acts, thing and things, conveyance and assurance hereafter to be had, made, or suffered, by, or against the said G. A. of the said lands and premises, or of any part thereof, shallbe to those, intent, & true meaning of these presents, and upon condition & conditions herein mentioned, and to none other use, intent or purpose. In witness whereof the parties above named to these present Indentures interchangeably have put their hand and seals the day and year above written. ¶ A grant of a Rend charge. THis Indenture made &c. between I R. etc. on the one party, and Sect. 305. R. W. of etc. on tother party, Witnesseth, that where I. L. of etc. by his deed indented dated the xx. day of N. in the year of the reign of etc. made between the said I. L. on the one party, and R. F. deceased of F. one of her majesties sergeant at the law, late father of the said I R. on the other party, for, and in consideration etc. hath given & granted unto the said F. R. & his heirs one yearly rend of etc. issuing & going forth of the manors of L. & H. with thappurtenances in the county of D. & forth of all etc. To have etc. the said annual rent of etc. unto the said F. R. his heirs and assigns for ever, payable yearly at or in the house of the said F. R. in W. in the said County of D. in, or upon the feast day of etc. and in or upon the feast day of etc. by equal portions, or within ten days next after either of the said feast days, The first payment thereof to begin at the feast of etc. then next ensuing the date of the said deed. And whereas the said I. L. hath by his said deed covenanted and granted for him, his heirs, executors, and administrators, to and with the said F. R. his heirs etc. That if it shall fortune the said annual rent of etc. or any part or parcel thereof, to be arrear and unpayed by the space of twenty days, next after any of the said feasts before mentioned: that then and from thenceforth it should and might be lawful to and for the said F. R. his heirs, executors, and assigns into the said manors, lands, and premises, with the appurtenances, or any part or parcel thereof, to enter and distrain, And the distress then and there found, to lead, drive, chase, and carry away, and the same to detain and keep until such time and times as he or they should be fully satisfied, contented and paid the said annual rent with the arrearages thereof, if any such should be. And whereas the said I. L. by his said deed hath likewise covenanted and granted for him, his heirs, executors, and administrators, to, and with the said F. R. his heirs, executors, administrators, and assigns, That if it happen the said annual rent of one hundredth pounds, or any part or parcel thereof, to be arrear and unpaied, by the space of thirty days next after the feast days in the said deed mentioned: That then and from thenceforth the said I. L. his heirs and assigns should for fait and lose unto the said F. R. his heirs and assigns, the sum of twenty pounds of lawful English money nomine penae, for every such default. And whereas the said I. L. by his said deed hath also covenanted for him, his heirs etc. to and with F. R. his heirs and assigns, That if it should fortune the said annual rent of one C. l. or any part or parcel thereof, or the said sum or sums of etc. forfeited nomine penae, if any such should be, or any of them to be arrear and unpaied, at the place aforesaid, by the space of etc. next after any of the said feast days in the said deed mentioned: That then and from thenceforth it should and might be lawful to and for the said F. R. his heirs and assigns, without any demand making of the said rend, into the said manors, lands and premises with thappurtenances, and into all and every part thereof to enter, And the same and every part thereof, to use, have, and enjoy to him his heirs and assigns to his and their own use, until such time as the said annual rent or sum of x. l. and every part and parcel thereof, And all such arrearages of the same annual rent as shall grow due unto the said F. R. his heirs and assigns, during such time as he or they shall have the said manors and premises, or any part thereof in his or their possession, For want of payment of the said rend, together with the sum or sums to be forf. nomine penae, if any such should be, unto the said F. R. his heirs and assigns fully from time to time paid by the said I. L. his heirs or assigns or some of them, of which said rend of xii. d, the said I. L. did put the said F. R. in full possession and seisin by the payment, and delivery of xii. d. of lawful English money being parcel of the said rend unto the said F. R. at the ensealing and delivery of his said deed. And whereas the said I. L. by his said deed hath further covenanted for him, his heirs, executors, and administrators, with the said F. R. his heirs and assigns, That he the said I L. the day of the date of his said deed, was lawfully seized of a good and perfect estate of inheritance of fee simple, or fee tail, without reversion or remainder being in the Queen's Majesty, of, and in the said manors, lands, and premises, out of which the said rents granted, and of every part and parcel thereof, discharged of all encumbrances whatsoever, one leas &c. excepted and foreprised. And whereas the said etc. that the said manors, lands, and premises, out of which the said annual rent of a C. l. is granted, were and should continued subject, and liable to the distress, and entry of the said F. R. his heirs and assigns from time to time of the clear and accustomed yearly value of Cxxx. l. over and above all charges, deductions, and reprises. And whereas &c. that he the said I L. at his proper costs and charges before the feast of Penticost next ensuing the date of his said deed, should and would levy a fine in due form of law unto W. L. and I D. of all and singular the manors, lands, & premises in the said deed mentioned, and of every part and parcel thereof, and of all other the lands and hereditaments of the said I L. within the Realm of England, by the name and names of the manors of P. and H. with thappurtenances, and of xxx. messages, etc. with thappurtenances in H. L. P. H. B. C. C. alias S. H. E. B. in B. S. alias S. H. & S. alias S. by which said fine the said I. L. should recognise etc. which said fine or any other fine to be levied by the said I. of the said manors, lands, and premises by the name and names aforesaid, or by any other name or names whatsoever, should be to th'intent that the same W. L. etc. and the suruivor of them should stand and be judged perfect tenants or tenant of the freehold of the said manors, lands and premises, until such time as a perfect recovery might be had and lawfully executed of the said premises against the said W. L. & I D. or the suruivor of either of them by T. F. of H. & W. S. or by either of them, and after to the use, intents and purpose in the said deed mentioned and expressed And whereas &c. that the said T. F. and W. S. should before the feasts of P. then next ensuing the date of the said deed, commence and prosecute at the costs & charges of the said I one writ of Entre sur disseisin in le post, against the said W. L. and I D. or against the suruivor of them whereby they should demand against them, or against the one of them the said manors, lands and premises and every part and parcel thereof by the name and names before mentioned, or by any other name or names whatsoever, unto which writ the said W. L. and I D. or the suruivor of them should appear in proper person, or by his or their attorney or attorneys lawfully and sufficiently authorised and should vouch to warranty him the said I L. And that he the said I L. should appear upon the same voucher in his proper person or by his attorney or attorneys lawfully authorised & should vouch towarranty the common vouchees. And the same common vouch should appear in his own person upon the same voucher and should imparle, and afterwards should make default, whereby a perfect judgement might be had and given for the said T. F. and W. S. against the said W. L. and I D. for recovery of the manors and premises, and likewise for the said W. L. and I D. to recover in value against the said I. L. after the manner and course of the common recoveries in such case used, which said recovery so to be suffered and perfected by any name or names whatsoever was meant and intended, and the said parties to the said deed accordingly concluded and agreed for them and their heirs, that the same recovery, voucher, judgements, and recovery in value, & all and every other matter & things thereupon depending or following should be to the intent, use, and purposes in the said deed mentioned and expressed. And after the uses, intents & purposes mentioned and expressed in the said deed observed, and fully from time to time performed, according to the true meaning thereof, should be deemed and taken to the uses, intents, and purposes mentioned & expressed in one other Indenture bearing date of the first recited deed, and sealed and delivered after the same, made between the said I. L. on the one party, and H. B. of R. in the said county of D. gentleman, and W. W. of W. in the county of York gentleman, on tother party. And whereas by the first recited original deed it was further concluded & agreed by & between the said parties to the said deed, for them & their heirs and either of the said parties severally covenanted & concluded, to & with tother their heirs, & assigns, that they the said recoverers and their heirs, & the said recoverees & their heirs, & all & every other person & persons, & his & their heirs, that then were, or within one year than next following should stand & be seized of the premises or any part thereof, should from & immediately after the said recovery executed & perfected, & from & after the same fine levied, stand & be seized of all & singular the said manors & premises, except in the said first original deed excepted, & that the same recovery touching the said premises, except the said first recited original deed excepted, should from thenceforth be deemed & taken to these intents & purposes following: that is to wit that if the said annual rent of one C. l. or any part or parcel thereof, or the said sum or sums of etc. to be forfeited nomine penae, or any of them should at any time & times from thenceforth be arrere & unpaid by the space of xl. days next after any of the said feast days in the said first recited original deed mentioned, whereat the same annual rent aught to be paid at the place in the said first original deed mentioned: that then & from thenceforth, & at all & every time & times when such default of payment should be, it should & might be lawful, to & for the said F. R his heirs etc. into the said manors etc. except in the said first original deed excepted, to enter, & the same & every part thereof to have & enjoy to him, his heirs etc. to his & their own use until such time & times, as the said annual rent of a C. l. & tharrearages thereof, together with the said sum or sums to be forf. noine penae, should be unto the said F. R. his etc. fully from time to time paid by the said I. F. his heirs etc. or some of them, with tharrearages of the said rend that shall grow due & paiable during the time that the said F. R. his heirs etc. should hold & enjoy the said lands & premises, or any part thereof in his or their possession. And after the payment of the annual rend of etc. & of the said sum or sums to be forf. noinne penae, if any such should be, & every part of the said rend & penalty, when & as often as they or any of them should fortune to be behind in such form as in the first recited original deed is said, had & made unto the said F. R. his heirs or assigns with tharrearages thereof, if any such should be, the said recovery & fine should be, and the said recoverers and recoveries, and their heirs, & all and every other person & persons, & his & their heirs, that then were & thenceforth should stand & be seized of the said whole manors, lands & premises mentioned in the said first recited original deed, should stand & be seized thereof, and of every part and parcel thereof to such use, intents & purposes as are mentioned & expressed in the said deed mentioned to be made between the said I L. on his party with condition, limitation and purpose, that it should and might be lawful to the said F. R. his heirs and assigns to enter into the said manors, lands, and premises out of the which the said rent is granted, and every part thereof for default of payment of the said annual rend of one C. l. or any part thereof by the space of forty days next after every of the said feasts, wherein the same should be arrear, and to have and to enjoy the same to him, his heirs and assigns, to his and their own use, until he or they be paid the said annual rent with the arrearages thereof if any such should be and the said sum or sums of etc. to be forfeited nomine penae and every part thereof from time to time. And whereas &c. that he the said I L. his heirs, executors, and administrators, and assigns should well and truly pay, satisfy, and allow, or cause etc. unto the said F. R. his heirs and assigns yearly the said annual rent of C. l. and every part and parcel thereof, in or upon every of the said feast days in the said first recited lease or deed mentioned, or within ten days next after every of the said feast days at or in the said then mansion house of the said F. R. at S. W. aforesaid and that as well during the time that the said I. his heirs or assigns farmers or tenants shall have, occupy and enjoy the said manors, lands, and premises, as also during the time that the said F. R. his heirs or assigns should through any default of payment of the said rent of a C. li. or any part thereof enter into, have, occupy and enjoy the said manors, lands, tenements, and heredit●mentes, or any part or parcel thereof, that the same entry, occupation and enjoying of the said manors, lands and premises or any part thereof by the said F. his heirs or assigns should not by any suspicion make any ceasing or defalcation of the said rend or of any part thereof. And that the said I L. should make further assurance generally with a prouis● that if the said I L. at any time during his own life, and during the life of the said F. R. together should be minded, the said yearly rent of a hundred pound should cease and have no further being or continuance, and thereupon the said I. L. during the life of him, and of the said F. R. together, should by his writing under his hand and seal, sealed in the presence of three or more substantial and credible witnesses upon either of the said feast days give notice or warning unto the said F. R. his heirs or assigns, at the then dwelling house of the said F. R. at S. W. aforesaid, that he the said I L. was minded that the said annual rent of etc. should cease and have no further being or continuance, & withal at the time of the said notice so to be given should well and truly pay, or cause to be paid unto the said F. R. or to his executors or assigns, the sum of etc. at the then dwelling house of the said F. R. at S. W. aforesaid, and also should well & truly pay, or cause to be paid unto the said F. R. his executors or assigns the sum of etc. at or in the then dwelling house of the said F. R. at S. W. aforesaid, upon the feast day appointed for the payment of the said half years rend next ensuing after such warning & notice given with the said half years rend, which should be due upon the feast day, that then and from thenceforth after such payment of the said sum of etc. and upon payment of the said sum etc. had & made in manner & form aforesaid, and likewise upon payment of the said rent which should be due at the end of the said half year next after such notice given as is aforesaid, the said yearly rend or sum of etc. to cease and be determined, & the said clause of distress & entre, & all & every other article, thing, covenant, or grant therein contained for giving any benefit or use to the said F. R. his heirs or assigns, and the statutes and bonds for the further assurance, & continuance of the said annual rent of etc. to be voided & of none effect, the said recovery & fine, or any other thing before mentioned to the contrary thereof in any wise notwithstanding. And whereas, that the said recovery & fine aforesaid, and all and every other act or acts, thing & things, assurance or conveyance thenceforth to be had, made or suffered, by, or against the said I. L. or any other person or persons by his assent, nomination or pleasure of the said manors or of any part thereof should be: And that all & every person & persons, & his & their heirs, then seized, or thenceforth to be seized of any estate or estates of inheritance whatsoever of the said premises, or of any part thereof (except before excepted) to the uses, intents & true meaning set down in, & by this first recited original deed amongst divers other things more at large it doth and may appear. Now the said I. R. for, and in consideration of the sum of etc. hath bargained & sold, & by these presents doth for himself and his heirs fully & absolutely, bargain & cell unto the said R. W. & his heirs the said manors of L. & H. with the appurtenances, & all those lands, tenements & hereditaments in L. B. C. C. H. H. E. B. M. B. S. alias S. in the said County of D. which at the insealing & delivery of the said first original deed, where the lands, tenements, & hereditaments of the said I L. reputed or taken for the inheritance of the said I L. and also the said annuity or yearly rend, or sum of etc. issuing & going forth of the said manors of L. & H. with thappurtenances, and forth of all other lands, tenements, & hereditaments which then were, or were reputed or taken for the inheritance of the said I L. in L. B. C. H. H. E. B. M. B. S. alias S. in the said county of D. or else where within the Realm of England, his grounds & inheritances called P. and all his lands & tenements in P. and iiii, acres of pasture lying in the parish of S. in a certain place called S. only excepted & foreprised, together with the said first original deed. And all his right, title, interest, & demand, of, in, or to the said manors, lands, tenements, hereditaments, annuities, rents, sums of money, & demands whatsoever, together with the recited deed, & all deeds, writings, & estreits, concerning, incident, or belonging to the premises, or made, for, or concerning the same. To have etc. the said manors, lands, tenements, & hereditaments, annuities, rents, sums of money, & premises before by these presents granted, as is aforesaid, together with the said deeds, writings, & estreits unto the said R. W. his heirs & assigns for ever, in as full, large, ample, & beneficial manner, as the aforesaid F. R. or I R. or any other person may, might, should, or aught to have, hold, perceive & enjoy the same by reason of the said deed & grant made by the said I. L. to the said F. R. as aforesaid. And the said I. R. doth for himself etc. that he the said I W. at thensealing of these presents standeth, & is seized of the said recited manors, & other the premises (except before excepted) to the only use of himself, his heirs etc. as is before recited. And that the said R. W. his heirs etc. shall & may quietly & peaceably at all times hereafter & from time to time have etc. the said manors etc. before by these presents granted, to his & their proper use & behoof, without the lawful let, trouble, eviction, interruption, denial, encumbrance, charge or other disturbance whatsoever of the said F. R. or I R. or their or either of their heirs, or of any other person or people, by their or either of their heirs assent, consent, act, means, or procurement, counsel or devise. And the said I. R. doth further &c. that neither the said F. R. nor I R. nor any other person or persons, by their or either of their acts, means, or procurement, have done, executed, knowledged, or committed, or caused to be done, executed, knowledged, or committed, nor that the said I. R. nor his heirs shall at any time hereafter do, execute, knowledge, or commit, or cause to be done, executed, knowledged, or committed any act or acts, thing, devise or devices, whereby the said R. W. his heirs or assigns, shall or may be disturbed, letted, hindered, & denied, to enjoy, have, & receive quietly & peaceably, all & every of the premises before by these presents mentioned to be granted unto the said R. W. as aforesaid. In witness etc. ¶ Concessio annuitat' pro seruicio. OMnibus etc. Sciatis me praefat' T. G. ex certa scientia & mero Sect. 306. motu meo, ac intuitu obsequij & seruitij mihi per S. R. et I. ux. eius seruient̄ meos antehac impensi, dedisse etc. eisdem S. & I etc. quandam etc. ad festa etc. aequis porcionibus annuatim soluend'. Habend' & tenend' praedict' annuitatem sive annual' reddit' xl s. Soluend' praefato S. & I. vx' eius durant vit natural' ipsorum S. & I & eorum utriusque diutius vivent in forma sequent, viz. etc. Et si contingat praedict' annuitatem etc. Proviso semper qd' si praed' S. R. et I. aut eorum alter obire contigerit, quod tunc & deinceps solutio medietat dict̄ annuitat xl. s. totaliter cessabit: Aliquo superius memorat sive in hoc praesent̄ scripto meo specificat, in contrar quoquomodo non obstant. In cuius rei etc. ¶ A grant of annuity for term of life, pro consilio & auxilio. OMnibus etc. Sciatis me praef. I. dedisse etc. T. M. pro bono consilio Sect. 307. suo & ingenti auxilio suo mihi in mea necessitate impenso, quand' annuitat sive annual' reddit' xxx. s. legalis monetae Angliae. Habend' & percipiend' etc. de exitibus, proficuis, firmis, & emolumentis manij mei de S. in come E. ad festa etc. Soluend' tam ꝑ manus meas ꝓprias, quam per manus ballivorun, receptor, firmarior, sive tenentium manerij praed' pro tempore existentium. Et si contingat etc. ¶ A grant of annuity made by a Parson of a Church to endure so long as he shall be Parson. OMnibus etc. I H. Clericus rector̄ Ecclesiae parochialis de L. in Sect. 308. come S. salutem. Sciatis me praef. I. pro bono consilio, dedisse etc. eidem R. quandam annuitatem etc. Habend' praef. R. quandiu ego praed' I. rector Ecclesiae praed' extitero. Soluend' annuatim etc. Et si contingat etc. Dat' etc. ¶ A grant of annuity with condition that the wife shall claim no dower. OMnibus etc. Sciatis me praefat' H. dedisse etc. H. M. etc. primo Sect. 309. die solutionis inde incipiend' add tale festum festor praed', qd' post mortem mei praed' H. primo et prox' evenerit. Habend' & ꝑcipiend' pnd' annuitatem sive annual' reddit' xx. li. ad festa praed' in forma predict'. Soluend' praef. T. B. execut & assign' suis pro termino vitae cuiusdan R. modo ux. mei pnd' H. ad opus & usum ipsius R. ad terminum vitae suae, pro & in considerac' & nomine totius dotis ipsius R. Habend' de omnibus illis manerijs, terris, & tenementis, quae nuper fuer' vel modo sunt mei praed' H. Et si contingat praed' annuitat sive annual' reddit' xx li. vel alicuius inde parcel' aretro fore post mortem mei ipsius H. ad aliq● festum etc. Proviso semper quod si praed' R. seu aliqua alia persona, sive person̄ eius nomine & per eius assensum, actum, vel procuration, aliquo tempore post mortem dicti H. aliquod ius, titul', clameum aut demand' nomine dotis suae, de, & in praed' manner, terris, tenntis & caeteris praemissis, aut in aliqua inde parcella habere clamaverit, seu demandauerit quovismodo, quod extunc & exinde solutio praedict' annuitat sive annual' reddit' praed' xx. li. aut alicuius inde parcel', cessabit, & ista praed' concessio eiusd, deinde cessabit & frustrabit, hoc praesenti script' meo, sive aliqua re sive materia in eodem script' in contrar specificat seu expressa in aliquo non obstante. In cuius etc. ¶ A grant of annuity made to a woman, to begin after the death of her husband upon condition. OMnibus etc. W. R. etc. Sciatis me praef. W. in compliment quarundam Sect. 310. convention, concession & agreamentorum content & spec' in quibusdam indenturis, quarum dat' est ultimo die Maij, ann etc. fact' inter T. P. de E. ex una part, & me praef. W. R. ex altera part: dedisse, concessisse, & hoc pnsenti scripto meo indentato confirmasse M. ux. dicti T. quand' annuitat etc. Habend & percipiend praed, etc. praef. M. & assign' suis pro term' vitae dictae M. Soluend' annuatim ad duos anni term', viz. ad festa etc. per aequales porcion̄ in Ecclesia parochiali de S. praed'. Et si contingat praed' annuitat &c. Proviso semper quod ista praed' concessio annuitatis sive annualis reddit' quatuor marcar non capiat aliquem effectum, nec alicuius sit valoris durant vita dicti T. P. sed immediate post mortem ipsius T. Et qd' prima inde solutio erit ad primum festum festor praedictor prox. accident post mortem ipsius T. Proviso etiam semper quod si dicta M. aliquo tempore post mortem dicti T. aliqd' ius, titul', clameum, aut demand' nomine dotis sive iuncturae suae, de, & in praed' terris & tenntis, seu in aliqua inde parcella, per se ipsam sive aliquam aliam person̄ clamaverit aut vindicaverit quovismodo, qd' tunc & extunc solutio pnd' annuitat seu annualis reddit' quatuor marcar praed' & cuiusque inde parcellae cessabit, & ista praed' concessio eiusd' deinceps cessabit, & frustrabit: aliqua re sive materia in hoc present script' in contrar specificata seu expressa non obstante. In cuius rei etc. velsic. Proviso etiam semper quod si praed M. aliquo tempore post mortem dicti T. praetextu alicuius juris, tit̄, clameis aut interesse pro, aut in nomine dotis seu iuncturae sue placitaverit, clamaverit sive expulerit quovismodo praed' W. R. haered' vel assign' suos pro, aut de praed' terr', & tenntis, seu aliqua inde parcella, quod tunc & extunc illa praed' solut annuitatis etc. ut supra. In cuius rei testimonium utrique parti huius pnsentis scripti ●●ei indentati figillum meum apposui. Dat' etc. ¶ A Grant of annuity to the use of a woman to begin after death of the grantor. OMnibus etc. T. P. etc. Noveritis me pref. T. P. dedisse etc. I M. & Sect. 311. W. R. quandam annuitat etc. Habend' etc. praef. I. & W. & assign' suis pro termino vitae A. K. & ad usum ipsius A. K. pro termin̄ vitae suae, quam ego praed' T. propon (divina gratia) habere in vxor' meam: Soluend &c. Primo term' solutionis inde incipiente ad illud festum festor praed' quod prius acciderit post mortem mei praed' T. & non antea. Et si contingat praed' etc. In cuius rei etc. ¶ A Grant of annuity for term of life, pro consilio impend' etc. OMnibus etc. N. W. etc. Sciatis me praef. N. dedisse, etc. pro consilio Sect. 312 suo impenso & imposterum impend, quandam annuitatem sive annualem red 13. solidor exeunt de omnibus terr', ten' & haered meis in S. in come E. Habend etc. red praef. T. ad terminum vitae suae, soluend &c. Et si contingat etc. Dat' etc. ¶ Nota si home ne voile que son person soit charge de cest annuity, mestant solement son terre, donques doit este tiel clause escry in le fine de son fait, Proviso semper quod praesens scriptum, nec aliquid in eo specificat non aliqualiter se extendatad onerandum personam meam per breve annuitatis, seu alio modo quocunque, sed tantummodo ad onerand terras & tennta mea praed' de annuali redditu praed' etc. Car donques l● terre est charge, & le person discharge, etc. ¶ A Covenant that the lessee may lop woods. ANd the said H. S. for him, his heirs, & executors, covenanteth Sect. 313. and granteth by these presents, to, and with the said R. L. & his executors: That it shall be lawful for the said R. L. his executors, & assigns, yearly during the said term of xl. years, to crop, and top all & singular the wood & trees growing and being, in and upon the premises, and to take aswell all the same lops, crops, & tops, as also all the underwoods', growing, & being, in, and upon the premises, to the only use & behoof of the said R. L. his executors & assigns etc. ¶ A Covenant that the Lessor may enter and make fallows. Provided always, & nevertheless it is covenanted, concluded &c. Sect. 314. by & between the said parties to these presents, And the said R. I. for himself &c. doth by these presents etc. to, and with the said W. W. his heirs and assigns etc. that it shall and may be lawful, to, and for the said W. W. his heirs & assigns, & every or any of them, at all & every time & times convenient within the last year of the said term of xxi. years, to enter into, & have so much of the demised tenements & premises with thappurtenances, as in the same year shallbe meet to be fallowed, and to ear, plough, & fallow the same, & every or any part thereof, according to the usage and custom of the country there in that behalf, without any let, interruption, or disturbance of the said R. I. his executors or assigns, or of any other person or persons, by his or their, or any of their means, assent, or procurement. ¶ A Covenant that the Lessee shall not assign. Provided always, that the said P. his executors or assigns shall Sect. 315. not demise, set, let, give, or grant the said whole term of years, yet to come, of, & in the said manor & parsonage, & all other the premises, to any person or people other then to the wife, child, or children of the said P. or any other person or persons to any of their uses, except only to the said I. M. or W. M. son & heir apparent of the said I if the said I. or W. will give & yield unto the said P. M. his executors or assigns, as much in money for the same, as any other indifferent person will do, without any fraud, covin, or collusion. And if the said I. or W. do refuse to give as much money for the said term, or any part thereof, of the premises or any part thereof, as any other indifferent person will, without fraud, covin, or collusion, as abovesaid: that then & from thenceforth it shallbe lawful to the said P. his executors etc. to give, grant, alien, or assign the said term, or any part thereof to any person or people, at his or their pleasure, any thing herein contained to the contrary notwithstanding. Also the said P. covenanteth etc. for him, his executors etc. to & with the said I M. his executors & administrators by these presents, that if the said P. do die unmarried, & without issue lawful, that then it shallbe lawful to the said I M. & to his assigns, during the life of the said I. to enter into the premises, & every part thereof, & to receive, levy, & take the issues, revenues, & profits of the same, to his only use & commodity, during only the life of the said I. paying, performing, fulfilling all and singular the covenants, grants, articles, and agreements, contained & mentioned in the said former Indenture, of, for, & during the time and times that the said I. shall have, occupy, or enjoy the said premises, or any part or parcel thereof after the death of the said P. unmarried, & without issue, in manner & form aforesaid, or else not. And if the said P. happen to die unmarried & without issue, that the premises & every part thereof, during the said term, shall come, remain, & be after the decease of the said I. to the brethren of the said P. or to any or divers of them, or to any other person or persons to his or their only proper uses & profits, in such like manner & form, as the said P. shall devise or assign, by his last will & testament, without paying any thing for the same, or otherwise to be charged or encumbered by any manner of means or ways for the same, other than is declared & mentioned in the said former Indentures, except only for the due debt of the said P. wherewith the said P. may happen to charge them in his last will & testament. Provided always, that if it happen the said yearly rend of etc. or any part or parcel thereof to be behind unpaied in part or in all, one fortnight next after the last day or time of any day of payment appointed, in the said former Indenture etc. And also if the said P. his etc. do not or shall not hereafter perform, fulfil, & execute all & every of the covenants, grants, articles, & agreements contained & specified in the said former Indenture, which of the part of the said I. & his etc. are to be observed, performed, fulfilled & kept, or else if the said P. his etc. do not, or shall not hereafter observe, perform, & fulfil all & singular the abovesaid covenants, grants, articles, & agreements contained & specified above in this present Indenture, which of the part of the said P. or his executors etc. are to be observed, performed, fulfilled & kept: that then & from thenceforth it shallbe lawful to the said I. his etc. to enter into all & singular the premises with thappurtenances, & into every parcel thereof, & the same to retain & have as in his former estate: this Indenture or any thing therein contained to the contrary notwithstanding. Further the said P. M. covenanteth etc. for him, his executors etc. & with the said I. M. his executors & administrators by these presents, that he the said P. shall yield, pay, & deliver, or cause to be delivered unto the said I. M. & his assigns, during the term of xx. years next coming after the date hereof, xuj. quarters of wheat, xx. quarters of oats, good, sweet, merchantable, & clean dight, & vi. loads of wheaten straw, & vi. loads of oaten straw, at the feast of S. M. tharch. next coming after the date hereof, & after the feast of S. M. tharch. to deliver all the residue of the said corn abovesaid, monthly, by even poreions during the said term of xx. years. Also the said 1 covenanteth and granteth, that when & as often as the price of wheat shall amount and rise above vi. s. viii. d. in a quarter, which is after x. d. the bushel, & the price of Oats shall arise & amount above two. s. the quarter, which is after iii d. the bushel: That then the said I. his executors & assigns, shall allow the said P. as much in money as shall so arise above the prices aforenamed, limited, & appointed, from year to year. And also the said P. covenanteth and granteth, that if it happen the said I. M. to decease & departed this present life unto almighty God, before E. M. mother unto the said P. M. and before the said term of xx. years be fully expired: that then the said P. shall yield, pay, and deliver, yearly from thenceforth during the said xx. years, unto the said E. or to her assigns, during the residue of the said xx. years then to come, v. quarters of Wheat, and six quarters of Oats. Provided always, that if the said I. & E. do both departed from this present life before the said term of xx. years be fully expired, that then and from thenceforth the delivery of all the said Corn & Straw, in form aforesaid, to cease, and not to be due, or payable, These two articles or clauses last before mentioned, or any thing in them, or any other matter, clause, or thing, whatsoever it be in this Indenture contained, or otherwise, to the contrary notwithstanding. In witness etc. ¶ A Covenant by the Lessee to departed. Provided always, and nevertheless it is covenanted, condescended, Sect. 316. concluded, and fully agreed between the said parties, and the said E. D. for him, his heirs, executors, & administrators, covenanteth by these presents, to and with the said A. B. his heirs, executors, administrators, & assigns, that if the said A. B. his heirs, executors, administrators, or assigns, or any of them do well & truly content and pay, or cause to be contented unto the said E. D. his heirs, executors, administrators, or assigns, or any of them, the sum of etc. at one whole and entire payment, at, or upon the day of etc. in the Hall of Lincoln's june in the County of Middleser, between the hours etc. without fraud or covin: That then & from thenceforth and after the payment of the said sum of etc. the said bargain and sale of the said capital mansion with thappurtenances & all other the aforesaid messages & hereditaments with their appurtenances before bargained and sold, shallbe clearly voided and of none effect: And that then & from thenceforth the said E. D. and his heirs, and all & every such person or persons, & their heirs shallbe, stand, & be seized in the said Capital mansion and other the premises with their appurtenances, and every part and parcel thereof, to the only use of the said A. B. and the heirs and assigns of the said A. B. for ever, and to no other use. And that then the said E. D. his heirs or assigns, shall deliver, or cause to be delivered unto the said A. B. or the heirs or assigns of the said A. B. all and every such deed & deeds, evidences, charters, writings, escripts, & muniments, concerning the premises, which he shall have received of the delivery of the said A. B. or of the heirs or assigns of the said A. B. and for default of payment of the said sum of etc. unto the said E. D. his heirs or assigns, as is aforesaid, made, & not performed: That then & from thenforth the said bargain, sale, & assurance of the said capital mansion or dwelling house, and all other the premises shall be good & available to the said E. D. his heirs and assigns to their use for ever absolutely without any manner of condition: And that thenceforth the said E. D. his heirs & assigns shall quietly occupy & enjoy all & singular the premises with their appurtenances to his or their own use & behoof, without let or interruption of the said A. B. his heirs or assigns, or any other person or persons in his or their name or names, interest, or behalf, or by his or their assent, means, or procurement: This Indenture or any thing therein contained, to the contrary in any wise notwithstanding. In witness etc. ¶ A grant of a fee or chief rent with homage and service. SCiant etc. quod ego W. H. dedi, concessi, & hoc praesenti charta Sect. 317. mea confirmavi R. M. totum reddit' meum de xxx. s. homag' & liber seruicium exeuntia de uno tennto & quatuor virgatis terre I S. in D. cum oibus pertinent: Quod quidem tenntum & quatuor virgatae terrae quondam fuerunt E. S. Habend' & percipiend' praed' &c. pref. R. W. heredibus & assignatis suis imperpetuum. Soluendo, faciendo, & reddendo eisdem modo & forma, sicut pndictus I S. & eius antecessores mihi & antecessoribus meis facere, solvere, & reddere consueverunt. Et si contingit pred' reddit' xxx. s. aretro etc. extunc bene liceat prefat' R. W. haeredibus & assign' suis in pndict̄ etc. In cuius rei etc. ¶ A grant of Annuity for ministration of God's service. REx omnibus ad quos praesentes litere pervenerint, salutem. Sciatis Sect. 318. quod nos intuitu charitatis, dedimus & concessimus dilecto subdit nostro T. S. capellan ꝓ ministratione divini seruic' infra ecclesiam sancti G. de H. infra dominium de W. ac ad orand ' pro nobis & pcharissima consort nostra Regina exituque nostro, quand' annuitat x. marcar sterl'. Habend' & ꝑcipiend' annuat durant vita sua de feod firm dnij nostri vocat' N. infra come nostrum E. ꝑ manus vicecom̄ firmarior seu alior occupator eiusd' ꝓ tempor existent ad festa etc. Aliquo actu, ordinatione seu statut' inde in contrar fact' non obstant. In cuius etc. ¶ An annuity or yearly fee given to a servant for promotion of a marriage. CHristianis universis praesens scriptum inspecturis sive audituris Sect. 319. R. M. Armiger, salutem in auctore salutis, & fidem indubiam praesent̄ adhibit̄. Cum nonnulla spes matrimonij inter R. A. famulum meum, & A. O. (annuente Deo) futuri affulget. Scitote me eundem R. (ut qui commodum & utilitat dicti famuli mei propter obsequium mihi in famulatu suo ingenue & diligent̄ pnstitum plurimum augere velim, quo commodius inter eos viveret) dedisse, concessisse & hoc pnsenti scripto meo confirmasse praef. R. A. & A. quandam annuitat etc. exeunt de manner etc. Habend' gaudend', etc. eisdem R. A. & A. & eorum utrique diutius viventi & assignatis suis durant vita mei praef. R. ad festa etc. Et si & quoties contingat etc. plenary fuerit satisfactum & persolutum una cum damnis & expensis suis in ea part sustinendis. proviso semper quod si dict' nuptiae non successer̄, nec consummatae fuerint, aut si ijdem R. A. & A. ꝑ me aut mea causa aliquo modo promotifuer sive obtinuerint, aut promoveri sive obtinere possint, auteor alt̄ potest aliquam annuitat seu annualem red terr', tennta seu hereditamnta, aut aliquam certitudinem victus, habend' eye durant vita mea, annui valor̄ x. li. aut maioris, quod extunc praesens scriptum penitus irritum erit, praemissis non obstantibus. In cuius etc. ¶ A Grant of annuity out of lands. THis Indenture made &c. between A. C. etc. & I C. etc. on the one Sect. 320. party, & R. M. etc. on the other party, Witnesseth, that the said A. C. & I C. aswell for & in consideration of the full sum of one thousand pounds of etc. As also for divers etc. hath given and granted, & by these presents doth give, & grant for him & his heirs unto the said R. M. his executors etc. one annuity of an hundred pounds of etc. by year by the said A. C. his heirs etc. from thenceforth yearly to be paid to the said R. M. his executors, administrators or assigns, by and during the whole term of threescore years fully to be complete and ended, at the usual place of receipts and payments of money, situate in the West end of the Royal exchange in L. at two equal payments in every year: That is to say, on the last day of M. fifty pounds of etc. and on the last day of No. fifty pounds of like etc. The first payment thereof to begin and be made on the last day of May next ensuing the date hereof, And so from thenceforth the same annuity to have continuance and to be yearly paid unto the said R. M. his heirs, executors etc. upon the said days at the place aforesaid, during the said whole term of threescore years fully to be complete and ended. And the said A. C. for him etc. doth covenant etc. That if and as often as it shall happen the said annuity of one hundred pounds, or any part or parcel thereof to be behind unpaid by the space of eight and twenty days, over or after the said last day of M. or the last day of N. or over or after either of them: That then and so often as it shall happen during the term aforesaid, the said A. C. his heirs etc. shall forfeit and loose to the said R. M. his etc. the sum of xx. Marks of etc. in the name of a pain. And then and so often shall make full and true payment to the said R. M. his etc. at the place aforesaid, aswell of the said twenty Marks in the name of a pain, as of that part of the said annuity of one hundred pounds whereof default shallbe made, as is aforesaid, within vi. months next after such default made, on the last day of May, or last day of N. as is aforesaid. And for the considerations aforesaid, and for a good and certain surety and assurance to be had & made to the said R. M. his etc. of and for the said annuity of C. l. to him & them well and truly to be paid every year during the said whole term of lr. years, according to the purport and true meaning of these presents: They the said A. C. and I C. for them etc. do covenant etc. that they the said A. C. and I C. by fine or fines to be duly knowledged and levied before the justices of the Queen's majesties Court of common pleas at W. before the x. day of M. next ensuing the date of these presents with proclamations had and made thereupon, according to the order and course of the laws and statutes of this Realm, shall and will sufficiently and lawfully convey and assure to H. F. & H. H. and the heirs of one of them, all that the manor and Lordship of G. with all and singular etc. situate, lying, being, arising, happening, renewing, growing, or coming in the town, parish, fields or hamlets of G. or elsewhere within the said county of L. to the said manor or Lordship of G. belonging, or in any wise appertaining: or occupied, used, demised or leased, to or with the same: or esteemed, taken, reputed, accounted, or known as part, parcel, or member thereof, or of any part or parcel thereof. And all & singular other messages, mills, lands, tenements, meadows, feedings, pastures, woods, underwoods', rents, reversions, services, privileges, liberties, franchises, jurisdictions, pre-eminences, & hereditaments whatsoever of the said A. C. and I C. or either of them, in the town, parish, fields, or hamlets aforesaid, or in any of them, by such sufficient and convenient names & qualities as shall be requisite or meet: And with warranty from them & their heirs against all persons. Which said fine or fines so to be acknowledged and levied shall be. And the said H. F. and H. H. and their heirs shall thereupon stand and be seized, of, and in the said manor, & all other the premises & every part thereof, to the only use & behoof of them the said H. F. and H. H. and their heirs upon trust & confidence: Nevertheless, and to the end & intent that thereupon a good & perfect recovery shall and may be had of the said manor & other the premises against them the said H. F. and H. H. by such persons & with such vouchers over, and to such uses, intents, & purposes, as hereafter in & by these presents is expressed and declared. And the said A. C. and I C. for them and their heirs do further covenant etc. that before the xx. day of M. next coming after the date of these presents a good & perfect recoverieby writ of Entre sur disseisin en le post, according &c. (as in covenants to suffer recoveries with double voucher.) And it is further witnessed, declared, covenanted, condescended, concluded, and fully agreed, by & between the said parties to these presents: That the said recovery so to be had and suffered, as aforesaid, and all other recoveries, conveyances, and assurances whatsoever after the said x. day of M. to be had, made, levied, acknowledged, or suffered by the said A. C. and I C. or either of them of the premises, or of any part thereof, by any name or names whatsoever, and the full execution of them, and every of them shall be, and shall be adjudged and taken to be to the uses, intents, & purposes hereafter in these presents limited, appointed, expressed, and declared, and to none other use, intent, or purpose: that is to say, unto the use and behoof of the said A. C. and the heirs males of his body lawfully begotten: And for default of such issue, to the use of the right heirs of the said A. C. The same uses and estate so to continued only until default shallbe made of, or in payment of the said annuity of C. pounds, before by these presents granted, or of any part thereof, at the place aforesaid, upon any the last day of M. or the last day of N. or either of them. And by the said space of six months next following, or of, or in payment of the said pain or penalty of twenty marks, or any part thereof, as aforesaid, contrary to the true meaning of these presents, and from and immediately after any such default of payment had and made, as is last aforesaid: Than the said recoveries, and other the assurances aforesaid shall be, and shall be adjudged and taken to the only and proper use and behoof of the said R. M. and of his heirs and assigns, for, and during the whole term of threescore years immediately from and after such default of payment, as is aforesaid, to be fully complete and ended, and to none other use, intent, or purpose. And from and after the end, determination, or surrender of the said term of threescore years, then to the use and behoof of the said A. C. and the heirs males of his body lawfully begotten: And for default of such issue, to the use and behoof of the right heirs of the said A. C. for ever, as if no such default of payment had been: Any thing or matter whatsoever to the contrary thereof in any wise notwithstanding. And the said A. C. & I C. and either of them for their and either of their heirs and assigns do covenant, promise, and grant, to, and with the said K. M. his heirs, executors, and assigns, and every of them by these presents, that at the time of the said recovery so to be had, the said H. F. and H. H. or the suruivor of them, shall stand and be lawfully seized of the freehold and inheritance of the said manor and other the premises. And that the said manor or Lordship, and all and singular other the premises in these presents mentioned with the appurtenances, and every part & member thereof, from and after any default of payment by the space of six months, contrary to the tenor, form and effect of these presents, of, or in the said annuity, or any part or parcel thereof, shall be & remain unto the said R. M. his heirs and assigns, for, and during the said term of xl. years free and clear, and freely and clearly acquitted and discharged, or otherwise from time to time upon reasonable request well and sufficiently saved and kept harmless by the said A. C. his heirs etc. of and from all manner of other bargains, sales, grants, etc. The chief rents etc. and all lawful leases etc. whereupon the old rents are or shall be reserved and shall be yearly paiable after such default made to the said R. M. his heirs, for and during the said term of xl. years only, excepted and foreprised. And further the said A. C. and I C. etc. that from and after such default made, the said premises shall be and shall remain and continued unto the said R. M. his executors and assigns, for and during the said term of threescoore years, of the full clear yearly value of one hundred and fifty pounds of lawful English money, over and above all charges and reprises. And moreover that the said R. M. his heirs & assigns, shall and may from thenceforth during the said term of threescore years peaceably and quietly have, hold, and enjoy all & singular the said manor & lordship, & all other the premises before mentioned, and every part, parcel & member thereof, without any let etc. (except before excepted.) Provided always, that if the said A. C. h●● heirs and assigns, shall make any such default in payment, as is aforesaid, so that the said R. M. his heirs and assigns by reason of the same default, shall or may from henceforth possess, enjoy, receive and take, all & singular the rents, revenues, issues and profits of all & singular the premises with the appurtenances according to the true meaning and purport of these presents: That then the said annuity before these presents granted, shall cease and determine. And moreover the said A. C. & I C. & either of them etc. That they the said A. C. & I C. their heirs & assigns, & all & every person & persons having, claiming or pretending to have: or which of right aught to have, claim or pretend to have any estate, right, title, interest, use, possession, reversion, remainder, inheritance or demand of, in or to the premises, or any part, parcel or member thereof, shall & will at all times, & from time to time, from & after such default in payment, as is last before mentioned, during the space of five years then next ensuing etc. devise and devices whatsoever, be it by deed or deeds enrolled or not enrolled, fine, feoffment, recovery, release, confirmation with warranty against all men, or without warranty, for the further, more better and perfect assurance unto the said R. M. his heirs & assigns for and during the said term of 60 years, without any condition, as by the said R. M. his heirs etc. In witness etc. ¶ Annuitic by a Bishop. OMnibus etc. G. P. Archiepisc' D. Decanus & capit Ecclesiae Cathedral. Sect. 321. S. P. juxta D. salut etc. Noveritis nos prefat' G. Archiepiscop Decan & Capit praedict' ex unanimi assensu & consensu nostris & voluntate totius Capit dediffe, concessisse, & hoc praesenti script' nostro confirm̄ de nobis & socc' nostr●s. W. F. unum annual' red etc. exeunt & exitur de omnibus mess. terr', tennt, redd' reuerc', seruic', decimis & omnibus alijs reuenc' & emolument spiritual' ipsius Archiep̄ vel Archiepiscopat sui etc. Habend' etc. de omnibus praed moss. etc. pref. W. & ass. suis ꝓ term' vitae ipsius W. Soluend' etc. ad festa etc. Et si contingat etc. (ut in alijs districtionibus.) In cuius rei testimon̄ tam nos pref. G. Epns Archiep sigill' nostrum, quam nos praed' Decanus & Capit sigill' nostrum common apposuimus. Dat' domo nostra capitul' etc. x. die etc. ¶ A grant of annuity for the releasing of a title into land, according to an award. Omnibus christi etc. M. H. etc. Sciatis me pref. M. H. in considerac ' Sect. 322. cuiusdan sursumredditionis & relaxationis mihi praef. M. H. et cuidam I B. & utrique nostrum, per T. C. et I. C. & eorum utrumque fact̄ de toto titulo, stat, clam', term', demand', et interest, quam vel ijden T. & I et C. nu ꝑ habuerint vel alt̄ eorum habuit, de aut in manner de F. cum pertin' in come N. ac de & in oimbus tenntis etc. ac in ꝑformation & juxta effectum cuiusd' arbitrij per H. S. et W. B. ac R. C. et B. C. inde nuper confect', dedisse, concessisse, & hac pnsenti charta mea pref. M. H. confirmasse praed' I. C. quandam annuitat etc. exeunt de pndict̄ etc. cum eor pertin'. Habend' pref. I. C. execut etc. Et si et quoties conting. praed' etc. (ut in alijs districtionibus etc.) ¶ A grant of a pension in recompense of an appropriation. OMnibus etc. D. permissione divina Abbas Monasterij, beat M. Sect. 323. de M. dioces. & eiusdem conventus, Salutem in domino sempiternam universitat vestrae volumus esse notum quod cum venerabilis in Christo pr̄ domin' R. dei gratia Epns L. de consensu capituli sui Ecclesiam ꝑochial' dioc' & nostri patronat nobis ac monaster̄ nostro canonice appropriavit, & in propr usus concesserit, cum suis iuribus & pertin' univers. perpetuo tempore possidend', considerans qd' dictus Epus temporibus suis praecess. & praedecessor sui suis tempor fructus & obu●̄tiones dictae Eccles. de P. tempore vacationis eiusdem eccles. perceperunt, & percipere consueverunt a tempore cuius contrarium memoria homin̄ non existit, quos ●am eo quod praed' Eccles. ration appropriationis hmndiamplius vacare non poterit, nec dict̄ dns Epns nec eius successor' futur' deinceps percipere non poterunt nec habere, aliaque dampna non modica pnd' Epns & Capitul' eo p̄text̄ sentire poterit occasion appropriationis hmndi forsan in futur': Nos Abbas et Convent pnd' hoc plenius attendentes habit̄ circo pmmiss. et ea contingen deliberatione & consilio cum viris per●●is, & in domo capitular' inter nos pleno communi consilio & frequent tractor concurren, & oibus requisit̄ solemniter in hac part (ne dict' dns Epꝰ & Capitul' pntextu dict appropriationis damnum sentiant in futur' aliqualiter aut iacturam) concessimꝰ prefat' Epo & Capitulo xl. s. legalis monetae Angliae nomino annuae Pencionis de ecclesia de P. memor in recompensationem dampnorum quae per appropriation predict' sentire poterint; & a tempore pacificae possessionis dict' ecclesiae de P. per nos vel successor' nostros adept● ad duos anni terminos, viz. Ad festa P. & M. per equal' porciones Capitulo supradicto, vel eius procurator̄ qui pro temporefuer in eccles. Cathedrali praed' soluend'. Ad quam quidem solutionem modis quibus praemittit fidelit faciend' nos & success. nostros & monaster nostr' praed' inperpet oblige. Submit nos & success. nostr', ac ecclesias de L. & P. pnd' per cand' obligation iurisdict' & coherc' dni Epis. L. & eius official' ac Arch ' L. qui pro tempore fuerint, si unquam (quod absit) nos & successor' nostr' in solutione dict' pecuniae loco & termin statutis defecerimus seu defecerint in hac part, possint, & quilibet eorum poterit per se imperpet̄ compellere nos in ecclesijs de L. & P. antedictis per sententiam interdict' suspension & excommunicationis, ac per corund' fructuum sequestrationem necnon ꝑ alium modum quemcunque, prout melius & facilius praef. Episc' & Capit videbitur expedire, quousque eisd' Episc' & Capitulo de dict' pecuniae summa, loco quo praemittit, plenar fuerit satisfact' praeter expens. quas obinde fecerint & pnter interesse suum, ꝓ quibus eisd' similt tenemur integre satisfacere nulla omnino remissione petenda renunc' imperpetuum pro nobis & successor' nostris, ac ecclesijs de P. & L. supradict' tam ecclesiastic' quam regular & cuiuscunque potestatis secular exhibition impedition priuileg' recusac' supplicac' in integrum restitution excusation cancellac' dilec' & excepc' ꝑ nos vel successor' nostros impetrat̄ seu imposterum impetrandus omnisque juris & fact' remed' quod nos & successor' nostros, ac ecclesias de L. & P. supradict' contra praed' solution & obligac' siue in principal' siue in incident emergent quaestion qualicunque & undecunque tueri poterit quovismodo, & qd pnsens obligatio tunc stabit suo robore & effectu. In quorum omnium robur & testim sigilla nostra praesentibus sunt appensa. Dat' apud M. in domo nostra capitular x. die M. etc. ¶ A grant of a Corodie. OMnibus etc. N. Abbas Monast, beatae Mariae Ebor' & eiusd' loci Sect. 324. Conuent̄ salutem etc. Nos unanimi consensu & assensu nostro concessisse, & hoc praesenti scripto nostro indent̄ confirmasse W. S. quoddam Corrodium ad totam vitam suam, percipiendo de nobis & success. nostris in domo nostr' quolibet die quatuor panes melior pastus scilicet de pane conuent̄: & duos panes mediocris pastus scilicet de pane liber seruientium, duas lagenas ceruisiae, unam de ceruisia conventuali, & aliam de ceruisia liberor tenentium, duoque fercula carnea vel piscea second quod dies expostulauerit: Et quolibet anno unam robam pro sede secta armig' nostrorum pro hyeme, & aliam ꝓ estate, et aliam robam pro famulo suo de secta liber seruientium nostrorum in hyeme, & unam togam pro aestate suo statui competent̄: Ac duas carectat ligni focalis, & duas carectat foeni pro equo suo, & unam carectat straminis pro lecto suo ad ostium domus mansionis suae. Et si inrra dictam Abbathiam nostram morari volverit, tunc volumus quod illa domus quae vocat' Siphons, cum salario super aedificat & gardino cis assignat' sit illi appropriat̄ etc. ¶ A grant of Safeconduct for years respiting Debts. TO all true Christian people, to whom these present letters shall Sect. 325. come, A. B. of D. and E. F. Citizens of L. send greeting in our Lord God everlasting, Whereas G. H. in divers sums of money to us severally is indebted, which sums of money the said G. H. is not, ne by likelihood shall be of ability to pay and content, unless we give or grant unto him our favour and respite in payment of the same. Therefore know ye, that we the said creditors above named, and everyone of us moved with pity in consideration of the premises, and of the good will and desire which the said G. H. hath to the contentation of the said duties, have given and granted, and by these presents give and grant unto the same G. H. or by whatsoever name or addition that he be named or called, and so to all them which for the said G. H. to us, or to any of us stand or standeth bound or charged, our sure, free, and whole licence, liberty, & safeconduct, as much as in us is: So always that the said G. H. and all they which for him, or with him to us stand bounden or charged, & other that be servants, factors, and assigns of the said G. H. with all their goods, cattles, merchandises, debts, duties, and other things, in all manner of places, freely, quietly, well, and peaceably at their liberty, may and shall by day and night, go, come, abide, sviorne and devil, pass and repass, in, to, or from any city, town, village, or other place or places within this Realm of England, or without. And all the goods, wares, merchandises, and all other things as been above rehearsed, to dispose, as it shall like and please the same G. and all those person or persons that with, or for him to us, or any of us stand bound and charged at all times & seasons from the day of the making hereof, unto the end and term of five years next and immediately ensuing after the day and days of payment specified in the specialty or specialties wherein the 〈◊〉 G. ● any other persons for the same G. in any wise standeth bound and charged unto us. And that we or any of us shall in no wise pursue, arrest, attach, hurt, withhold, let, or grieve: nor any other person or persons for us, or any of us, or in the name of us; or of any of us, by the authority, assent, will, and agreement of us, 〈◊〉 of any of us, the said G. or those person or persons, or any of them, which for the same G. to us, or any of us in any wise standeth bound or charged by their bodies as fugitives, nor otherwise, nor by their goods, cattles, merchandises, or any other things of theirs, or of any of them for payment to be made to us, or any of us, of our said duties, or any part or parcel of them, or for to found to us, or any of us, any other or better surety or sureties for concentation and payment of the same our duties, other than we or every of us now have and hath for the same payment of our said duties, or any otherwise, during the term aforesaid, by reason or occasion of any deed, account, receipt, trespass, buying, selling, contract, or any other thing, matter, cause, or ground whatsoever it be, before the date of these presents, between us, or any of us, and the said G. and those persons which with, or for the same G. to us, or any of us stand bounden, charged or chargeable, had, made, moving, or depending. And if it happen within the said term, any money or goods to be attached or arrested in the name of us, or any of us, or by any other person or persons in the hands of the said G. or of them, or any of them, which for him to us, or any of us standeth bound, or be charged or chargeable by force of any bill or bills, plaint or plaints, against them, or any of them to be levied or attached: that then we, he, or they of us, in the name of whom any such bill or bills, plaint or plaints, shall be made or affirmed, shall put in surety for the said bill or bills, plaint or plaints, and so utterly dissolve and discharge the same attachment and attachments, when, and as soon as we, they, or he of us in the name of whom the said attachment or attachments shallbe made or affirmed, shall thereto duly be required by the said G. or by them, or any of them, which for him to us, or any of us stand bound or charged, and every of them, thereof we and every of us shall clearly discharge, as often as any such occasion or cause shall happen to fall, during the time aforesaid. And moreover we all the creditors above specified will and grant, and every of us for his own part willeth and granteth to the said G. by these presents, that if it happen the said G. or them, or any of them, which for him to us, or any of us stand bound or charged in their own persons, or in the person of them or any of them, or in, or by the goods, chattels, or merchandises of them, or of any of them, at any time within the term aforesaid, by us or any of us, or by any other person or persons, by the commandment, will, procuring, authority, consent, or knowledge of us, or of any of us, against the tenor, form, & effect of these our present lette●● of Safeconduct, in any wise to be arrested, sued, impleaded, hurt, grieved, attempted, vexed, or hindered, and thereof after the form abovesaid, be not delivered nor defended: That then the said G. and those which for him to us, or any of us stand bound or charged, and their heirs and executors by these presents shall be for evermore quite and discharged against him or them of us, by whom the said G. and those persons which for him to us, or any of us stand bound or charged, or any of them, shall so against the form, tenor, and effect of these our present letters of safeconduct be attempted, vexed, or hindered, and thereof not released, dissolved, nor defended, according to the form abovesaid, of all manner actions, suits, quarrels, challenges, recognizances, executions, and demands, whatsoever they be, from the beginning of the world unto the day of such attempting, vexation, grief, or hindering. In witness etc. ¶ A grant of liberty to do acts in ground. THis Indenture etc. Between R. H. and R. G. Witnesseth, that Sect. 326. where the said R. H. hath bargained and sold to the said R. G. and his heirs for ever, two teneme●ts etc. Now the same K. for divers good considerations him now moving, hath given, granted, and confirmed, and by these presents for him and his heirs doth give, grant, and confirm unto the said R. G. his heirs and assigns for ever, free liberty of ingress, egress, & regress for them, their heirs and assigns, and for their servants, at all times necessary and convenient, to enter into the ground and garden plot, now in the tenure, possession, and occupation of the said R. H. to repair and amend the part of the said two tenements next adjoining unto the said garden plot, either with timber work, stone work, reeding, thatching, daubing, or otherwise. And further the said R. H. for him etc. covenanteth, etc. quietly to permit and suffer the said R. G. his heirs, executors; and assigns, and all and every of them, together with his or their workmen, at all times convenient and needful, to have free ingress and regress, in, and to the said garden, for the carrying and recariage of all such timber, stuff, stone, mortar, clay, reed, or thatch, which shall be needful at any time whensoever, for the reparations aforesaid, without the let, denial, or interruption of any person or persons by his assent, consent, procurement, privity, or commandment. And further the said R. H. for him, his heirs, and executors, covenanteth, and free liberty giveth & granteth unto the said R. G. his heirs, executors, and assigns, that he the said R. G. his heirs, executors and assigns, shall and may, and that it shall be lawful to and for the said R. G. his heirs, executors and assigns, to set up, and rear any ladder or ladders, stage, poles, & stages within the said garden at all times needful and convenient for the repairing of the part of the said two tenements adjoining next the said garden plot. And the said R. G. for him etc. covenanteth etc. that he the said R. G. his heirs or assigns, without fraud or covin, shall within two days next ensuing the end of any such work and reparations made and done, in, and upon the said tenements, make clean the said garden plot so annoyed, at any time by him or his workmen in the time of his said reparations, & the soil thereof to carry away, or cause to be carried away, out and from the said garden plot, at the only costs and charges of the foresaid R. G. his heirs, executors, and assigns. In witness whereof etc. ¶ A grant of a Wardship by the Queen. REx omnibus ad quos etc. salutem. (a) Sciatis quod nos de gratia Sect. 327. nostra speciali, ac ex certa scientia & mero motu nostr', dedimus & concessimus, ac ꝑ praesentes quantum in nobis est damus & concedimus dilecto & fideli subdito nostro T. F. generoso, custodian omnium & singulorum maneriorum, terrarum, & tenementorum, redit', reuerc', seruic', vis. francipleg', libertatum, aduocation, patronat ecclesiae capit Cantuar, priorat, feod' milit, & omniunaliorum haereditamentor̄ quorumcunque cum omnibus suis pertin' in A. & alibi infra terr' nostram Hibern, q●ae nuper fuerunt R. B. de D. defuncti, aut alicuius alterius sive aliquorum alior ad eius usum seisiti vel seisitorum, & quae per finem post mort̄ ipsius R. B. ratione minoritatis E. B. filij & haeredis masculi de corpore pndicti R. B. exeunt, vel ratione cuiusd' actus Parliament̄, vel aliquo alio modo quocunque, sive ratione minoritatis dict' E. ad manus nostr' deuener̄ sive devenire debuerunt, ac in manibus nostris iam existunt, aut existere debent, ac quovismodo in futur' ad manus nostras devenient, aut devenire debent, per fimem E. R. uxoris dicti R. ratione minoritatis dicti E. necnon custodiam & maritagium dict E. absque disparagac'. Habend' & tenend' custodiam omnium & singulorum maneriorum, terrarum, tenementorum, & caeterorum praemissorum, una cum maritagio eiusdem E. eidem T. F. executoribus & administratoribus suis, durant minoritate dict' E. & quousque idem E. ad suam plenam & legitimam etatem pervenerit, & in manibus suis fore contigerit, & quousque legalis liberatio praedictorum maneriorum, terrarum, tenementorum, & caeterorum praemissorum facta fuerit, secundum cursum consilij terrae nostrae Hiberniae. Reddendo inde nobis, haered' & successoribus nostris annuatim ad Scaccarium nostrum Hiberniae praedict', ad festum Sancti johannis Baptistae x. li. legalis monetae terrae nostrae praedict'. Et si contingat praedict' E. obire antequam ad suam plenam & legitimam aetatem pervenerit, & antequam idem T. F. executores vel assignati sui effectum maritagij sui accepit vel acceperunt hoerede suo, vel haeredibus suis infra aetatem existent vel existentibus, tunc de uberiori nostra gratia damus & concedimus pref. T. F. executoribus vel assignatis suis custodiam omnium terrarum, tenementorum, & caeterorum praemissorum, cum omnibus suis pertinent' (ut predict' est) ac custodiam & maritagium haeredis vel haeredum infra aetatem existentis vel existentium, durant minoritate huiusmodi haered', & sic de haeredibus in haeredes, quousque aliu●, aut huiusmodi haeres ad plenam & legitimam aetatem peruener●t, ac quousque idem T. executores seu assignati sui effectum maritagij unius eorum accepit vel acceperunt, absque aliquo alio compoto, seu aliquo alio redit' nobis, haeredibus, vel successoribus nostris red dendo, soluendo, aut faciendo. Insuper ex abundanti gratia nostra damus & concedimus eidem. T. F. custodiam omnium manerior●m, terrarum, tenementorum, & caeterorum haereditamentorum q●orumcunque quae ad manus nostras devenerunt, seu devenire debe●●, ratione custodiae terrarum & tenementorum praedictorum, ac caeterorum praemissorum, vel ratione minoritatis praedict' E. Eo quod expressa mentio etc. ¶ A grant of a Ward by the Queen. REgina etc. Sciatis quod nos de gratia nostra speciali, ac ex certa Sect. 328. scientia & mero motu nostris, dedimus & concessimus, ac ꝑ pnsentes damus & concedimus dilecto seruienti nostro A. B. uni gromer̄ camerae nostrae, wardum & maritagium R. R. filij & haered' A. R. viduae defunctae: Necnon custodiam & gubernationem tam corporis praedict' R. quam omnium terrarum & tenementorum, prat̄, pascuor, & pastur' suorum quorum. unque, iacentium & existentium in parochia de B. in comitatu nostro S. una cum reditu & proficuo eorundem, modo in dono & dispositione nostris existent', ratione minoris aetatis praedict' R. Habendum & tenendum wardum & maritagium praedict' R. etc. ac caetera praemissa, cum omnibus & singulis suis pertinentijs praefato seruienti nostro & assignatis suis, durant minore aetate praedict' R. de dono nostro, absque compoto sive aliquo alio nobis vel heredibus nostris pro praemissis reddendo, soluendo, vel faciendo. Eo quod expressa mentio etc. In cuius rei testimonium etc. ¶ A grant of the Marriage of an Heir apparent. THis Indenture made etc. Between T. S. and W. M. Witnesseth, Sect. 329. that it is covenanted, granted, bargained, and agreed between the said parties, in manner and form following: that is to say, The said T. hath bargained and sold, and by these presents bargayneth and selleth to the said W. the marriage of G. son and heir apparent of the said T. And if the said G. die before he be married by the assent of the said W. or his assigns, than the said W. shall have the marriages of K. and A. daughters of the said T. or the same marriage of the said G. or the marriage of the said daughters, and of either of them to be had and solemnised, at such time or times and place, and with such person, as the said W. or his assigns shall limit and assign without disparagement. And the said W. his executors or assigns shall have the guiding and keeping of the heir apparent or heir in deed of the said T. from the date of these presents, or as soon after as the same heir may conveniently be delivered to the same W. or his assigns, be it male or female, or females, till the same heir if it be male shall come to the age of xxi. years, and if it be female or females, till they come to the age of sixteen years. And by all the same time the same W. and his assigns shall found, and cause to be found to the said heir or heirs, meat, drink, and cloth, convenient for his or their degree. And also shall found them to school and learning convenient for their ages, after the discretion of the said W. or his assigns, at the costs and charges of the said W. or his assigns. And the said T. shall 'cause such a sufficient, sure, and lawful estate etc. to the uses and intent following. And in like manner the said A. C. and D. C. E. and F. and their heirs, after the said surety of the said manors, lands, and tenements with their appurtenances to them made shall stand seized, of, and in the same manors, lands, and tenements with their appurtenances, to the uses and intents following: That is to say, of the said manor of T. and of all the said lands and tenements in etc. to the use of the said W. M. and his assigns, from the feast of etc. last passed before the date of these presents, till the said G. come to the full age of xxi. years, and after the said G. be of that age, then to the use of the said G. and of her that shall happen to be his wife, married by the assignment of the said W. or his assigns, and of the heirs of the same G. And of the said manor of H. and of all the lands and tenements in E. which the same T. promiseth to be of the yearly value of etc. over all charges, and of the manor of P. and of all the lands & tenements in P. to the use of the said T. S. till the said G. come to the age of xviii. years, than they to stand scised of the said manors of H. and P. and of all the said lands and tenements with their appurtenances in H. E. and P. to the use of the same W. M. and his assigns, till the said G. come to the age of xxi. years, and after he come to that age, then to the use of the said G. and his heirs for ever: The said W. M. during his interest, and the said G. and his wife during their interests, yielding for the said manor of P. to the said T. as long as he liveth yearly sour pound at the feasts of etc. And if the said T. S. decease (as God forbidden) before the said G. come to the age of xviii. years, than they to stand seized of the said manors of H. and P. and of all the lands and tenements in H. P. and E. immediately from the death of the said T. S. to the use of the said W. M. and his assigns, till the said G. come to the age of xxi. years, and after that age, then to the use of the said G. and of her that shall hamppen to be his wife, married at the assignment of the said W. or his assigns, and of the heirs of the same G. for ever: And of the said manors of K. F. and S. and of all the said lands and tenements in K. F. and S. which Dame A. late wife of the said R. and mother to the said T. S. now holdeth for the term of her life as her jointure, to the use of the same A. for term of her life, and after her decease to the use of the said T. S. during his life without impeachment of waist: After his decease to the use of the said W. till the said G. come to the age of xxi. years, and after that the said G. shall come to the age of xxi. years, then to the use of the same G. and of his heirs for ever: And of the said manor of E. and of all the residue of the said manor, lands, and tenements with their appurtenances, to the use of the said T. S. for term of his life, without impeachment of waist: And after his decease, to the use of the said W. M. till the said G. come to the said age of xxi. years, and after the same G. come to the age of xxi. years, then to the use of the said G. and of his heirs for ever. And if it happen the said G. to decease before he come to the age of xxi. years, than the said W. M. and his assigns, shall have all the said manors, lands, and teneinents with thappurtenances, which he should have had till the said G. had been of the age of xxi. years, if the same G. so long had lived, unto the time the said K. and A. and either of them come to the age of sixteen years. And if the said G. decease or be married by the consent and assent of the said W. M. or his assigns, or if the said G. be married by any of their assents, and the same G. decease before carnal copulation between him and his wife: then the said W. shall have the marriages of the said K. and A. and of either of them being heir apparent or heir in deed to the said T. S. And the said feoffees shall then stand seized of all the said manors, lands, and tenements, to the uses and intents following: that is to say, The said manors of T. and P. and of all the said lands and tenements in T. and P. to the use of W. till the said daughters and either of them be of the age of xuj. years, and they shall stand seized of the said manor of H. and of all the said lands and tenements in H. to the use of T. S. till the said K. and A. his daughters, and either of them shall come to the age of sixteen years: And after that either of them be of that age of xuj. years: then the said feoffees shall stand seized of the said manors of T. P. and H. and all the said lands and tenements in T. P. and H. to the use of the heirs of the said K. and A. of their bodies begotten, and for lack of such issue, then after the decease of their husbands, to the use of the said T. S. and his heirs for ever: And they shall stand seized of the said manor of F. K. and S. and of all the said lands and tenements in F. K. and S. to the use of the said Dame A. for term of her life: And after her decease to the use of the said T. S. for term of his life, without impeachment of waist: And after his decease, to the use of the said W. M. till the same K. and A. shall come to the age of sixteen years, and then to them, and to the heirs of their bodies begotten, and for lack of such heirs to the use of the right heirs of the said T. S. for ever. And of all the residue of the said manors, lands, and tenements, they shall stand seized to the use of the said T. S. for term of his life, without impeachment of waist: And after his decease to the use of the said W. M. and his executors, till the said K. and A. and either of them shall come to the full age of xuj. years, and after they and either of them shall come to that age, then to the use of the same K. and A. and of the heirs of their bodies begotten, and for lack of such issue, to the use of the right heirs of the said T. S. for ever. Provided always, that it shall be lawful to the said T. S. to make a jointure, or to assign a jointure in use of the manor of G. with the appurtenances, to any woman that shall hereafter be his wife, if he shall hap to be married, to have to her for term of her life only, or else to make a grant of an annuity of xx. pound, or of a rend charge of xx. pound, to be perceived yearly of the same manor, to the same woman that shall be his wife, if any such hap to be, to have to her for term of her life only, the said covenants notwithstanding. And if the said G. or the said daughters, or any of them being heir apparent or heir in deed of the said T. S. refuse to be married by the said W. M. or his assigns, and at his or their assignment: Or if the said son or any of the said daughters to be married at the assignment of any other person then of the said W. M. or his assigns, than the same W. M. or his assigns shall have in recompense of such marriage CC. pound of lawful money, to be perceived by the same W. or his assigns, as it will yearly arise of the said manors of H. T. and P. and of the said lands and tenements in H. T. and P. and E. immediately after the same heir that so refuseth to be married by the assignment of the said W. M. or his assigns, or that shall be married by the assignment of any other person then of the said W. or his assigns, shall come to the full age above limited: that is to say, If it be male, to the age of xxi. years, and if it be female, to the age of sixteen years. And that the said feoffees immediately from the time that the heir come to such full age above limited, shall stand seized in the same manors, lands, and tenements, to the use of the said W. M. and his assigns, till the same W. M. or his assigns have received of the issues and profits of the same manors, lands, and tenements two hundred pounds of lawful money: And after that CC. pound so received, they shall stand further seized to the use that the same feoffees shall take the issues and profits of the same manors, lands, and tenements, till they have received CC. marks, to be expended as be limited by the last will of the said T. S. And if he make no will thereof, than it to etc. And if the said G. K. and A. happen to decease or ever they be married, and the said T. S. have no issue of his body that may be married at the assignment of the said W. or his assigns: Than the said W. or his assigns shall have in recompense for such marriage, and for such money as the said T. shall have of the said W. by his CC. pound to be perceived, as it will yearly grow immediately after the death of the last heir apparent, or heir indeed of the said T. S. of the issues and profits of the same manors of H. T. and P. and of the said lands and tenements in H. T. and P. and that the said feoffees shall stand seized of the same manors, lands, and tenements, to the same use and intent. And in case the said G. decease unmarried, and the said W. M. marry one of the said daughters unto the heir apparent of the same W. M. and the said T. S. marry again and have issue male: That then the said feoffees shall stand seized of the manors of H. P. and T. and of the lands and tenements in H. P. and T. to the use of the said W. and his assigns, until they have received of the issues and profits of the same manors, lands, and tenements, for the marriage of the said son, three hundred pounds of lawful money: For which premises well and truly to be performed on the part of the said T. S. the said W. M. shall pay, or cause to be paid to the said T. three hundred Marks, of lawful money. In witness whereof etc. ¶ A Grant of Wardship and Marriage. THis Indenture (a) made between the most excellent Princess, Sect. 330. & our most dread Sovereign Lady Elizabeth by the grace of God etc. of the one party, and G. W. gentleman of the other party, Witnesseth, That whereas our Sovereign Lady, with the advise of the Master and Counsel of her grace's Court of Wards and Liveries, be contented and pleased to grant, and by these presents do commit and grant unto the said G. W. the custody, wardship, and marriage of T. H. her highness ward, son and heir of G. H. gentleman deceased. And if it fortune the said T. H. to dye before marriage had, or before he come, or be of his full age: Than the ward & marriage of his next heir male, and so from heir male to heir male being within age, until the said G. W. his executors or assigns, have taken the effect of the marriage of one of them, without disparagement, together with one Annuity or yearly rent limited and appointed by the said Master and Counsel, to be paid yearly to the said G. W. and his assi●●s, by the Queen's majesties feodary of the County of C. for the time being, for, and towards the education and bringing up of the said heir, or of any his heir or heirs males, hereafter happening to come to the custody of the said G. W. or his assigns, by virtue of this present grant, not exceeding the yearly value of vi. pound. And whereas also there doth not appear at this time, that every part of the inheritance of the said T. H. upon the death of his said father, is come into the hands and possession of our said Sovereign Lady, nor certainly in every parcel of the inheritance of the said heirs, what aught to be in her highness hands, and possession, because of such dowers, feoffements, and wills, as percase been declared in the same: therefore, for that our Sovereign Lady should not be deceived in that behalf, but that her Highness should have perfect knowledge & understanding of all such manors, lands, and hereditaments, which immediately after the decease of any person or persons, or after the years finished or ended, or any last will performed, shall descend, revert, remain, or come to the said heir in possession or reversion, and the very best and uttermost true value of them by the year, the said G. W. hath delivered a writing indented, hereunto annexed, in the which been contained and specified all such manors, lands, and hereditaments, and the best and uttermost true value of them, which been descended, or hereafter shall descend and come to the said heir in possession or reversion, as is aforesaid: All which manors, lands, and other the premises in the same writing indented, been valued to the best and uttermost true value of the same. And the said G. W. covenanteth and granteth for him and his assigns by these presents, that one Auditor or Auditors, or any other person or persons, appointed and authorised by the said Master and Counsel for the time being, at the costs and charges of the said G. W. or his assigns, shall search, view, and value the truth of the same: Upon the which search, view, and value, if it can be proved that the said manors, lands and other the premises, or any of them, which shall or aught to descend, revert, remain, or come to the said heir in possession or reversion, as is aforesaid, be omitted and left out of the said writing indented, or else be found of larger and better yearly value, then in the said writings is limited: Than the said G. W. his executors or assigns, shall content and pay unto our said Sovereign Lady, as much money as the overplus of the yearly value of the said manors, lands, and hereditaments so undervalved shall amount unto, above the yearly value limited in the same writing indented, if any such shall be foun●●pon the said search and view, after the rate of three years value, and also as much money as the said G. W. or any other to his use shall perceive and take of the said manors, lands, and hereditaments so omitted, and that from the decease of the said G. H. and likewise the value of all the manors, lands, and hereditaments, left out and omitted in the same writing indented, if any such shall be found upon the search, view, and value of the said manors, lands, and hereditaments, being of the inheritance of the said heir, which shall happen to descend, revert, remain, or come to him, before he come and be of his full age of one and twenty years. And the said G. covenanteth and granteth, for him and his assigns by these presents, that he the said G. W. and his assigns, shall not only bring up and entertain the said T. H. and all other his heir or heirs males, hereafter happening to be the Queen's majesties Wards, or coming to the custody of the said G. W. or his assigns, by virtue of the said grant, in good erudition, virtues, and decent qualities, as to the Queen's honour in that behalf, & the state of her highness public weal appertaineth, but also as much as in him and them lieth, shall save and defend all the manors, lands, and hereditaments, of the inheritance of the said heir, from all unlawful intrusions, incrochements, wastes, decay, spoils, disorders, and expelling of tenants. And if at any time hereafter during the said grant, any unlawful intrusion, incrochments, waist, decay, spoil, disorder, or expelling of tenants be done or made upon any part or parcel of the said inheritance, or if any evidences, muniments, or writings concerning the same inheritance, be imbeaziled, withdrawn, concealed, or misused, to the knowledge of the said G. W. or his assigns: That then the said G. W. or his assigns, forthwith after knowledge had of any such intrusion, incrochement, waist, decay, spoil, disorder, or expelling of tenants, imbeaziling, withdrawing, or misusing of evidences and writings, shall certify the same to the said Master and Counsel for the time being, and receive and prosecute further order for the reformation thereof, to, and for the advancement of the Queen's highness interest and right, and for the preservation, safeguard, and tuition of the inheritance of the said heir. And the said G. W. covenanteth and granteth, for him and his assigns by these presents, that neither he the said G. W. nor his assigns, shall give, grant, commit, bargain, or cell the said grant, or the custody of the said T. H. nor any other his heir or heirs males, coming to the custody of the said G. W. or his assigns, by virtue of the said grant, unto any person or persons, being next of kindred to the said heir, to whom the said inheritance may descend, ne to any other, have, pretending, or claiming any title or interest to the said inheritance, or any part thereof: Ne shall dispose in marriage, or by any persuasion endure the said heir to marry, where any case of disparagement, or other detriment, annoyance, or disorder may rise, contrary to the order of the law. And the said G. W. covenanteth and granteth, for him and his assigns by these presents, that within one year next after the date hereof, he the said G. W. or his assigns, shall repair to the said Master and Counsel for the time being, for the Queen's majesties bill signed, or warrant, for her highness letters Patents concerning the said grant, and shall prosecute forth, and bring the said letters Patents unto the Auditor general of the said court of Wards and Liveries to have the same enrolled, as the same Auditor may have perfect knowledge and understanding how to charge or deduct the yearly allowance for the exhibition of the said heir, committed and granted in the same letters Patents at all times when need shall require. (b) In witness whereof to the one part of these Indentures, remaining with the said G. W. our said Sovereign Ladies seal of her grace's Court of Wards and Liveries, with the advise of the Master and Counsel of the same Court, is affixed and set, And to the other part remaining with the Queen in her grace's Court, the said G. W. hath put to his seal, & subscribed his name the day of etc. in xxxvii. year of our Sovereign Ladies most gracious reign etc. ¶ A grant of a Ward within age. OMnibus etc. I Comes O. falutem. Sciatis me praefatum Comitem, Sect. 331. pro quadam pecuniae summa mihi per T. M. generosum prae manibus solut, dedisse, & per praesentes concessisse eidem T. custodiam W. B. filiae & haered' R. B. iam defuncti, ac omnium terrarum, ●enementorū, & haereditamentorun quae ad manus meas devenire poterint, ratione minoris aetatis eiusdem W. post mortem dicti R. qui de me tenuit die quo obijt per seruitium militare. Habend' & tenend' custodiam predict' ac maritagium praedict' W. prefat' T. & assignatis suis, quousquè praedict' W. ad plenam aetatem viginti unius annorum peruenerit, & quamdiu in manibus meis fore contigerit, seu remanere deberer. Et si contingat predict' W. obire antequam ad plenam a tatem viginti unius annorum pervenerit, hered' suo infra aetatem existent', tunc scians me praefat' Comitem, pro consideratione praedict', dedisse, & per praesentes concessisse prefat' T. custodiam eiusdem haered', ac omnium terrarum, tenementorum, & haereditamentorum praedict', una cum maritagio eiusdem haeredis, & sic de haered' in haeredem quousque unus eorum ad plenam aetatem viginti unius annorum pervenerit. In cuius etc. Dat' etc. ¶ A grant of an Aduowson of a Parsonage etc. OMnibus etc. A. P. dominus P. (aut A. B. Miles, vel Armiger,) verus Sect. 332. et indubitatus patronus Rectoriae ecclesiae parochialis de N. Eboracen diocesis, salutem in domino sempiternam. Noveritisme praefatum A. dedisse etc. dilect' mihi C. P. et E. L. gener, coniunctim et eorum alteri per se divisim, executoribus et assignatis suis, primam et proximam advocationem, donationem, collationem, nominationem, praesentationem, liberamque dispositionem praedictae Rectoriae eccles. parochialis de N. Volens, et hoc praesenti scripto meo concedens, qd bene liceat et licebit dicto C. et E. coniunctim, ●t eorum alteri pierce divisim, executoribus et assignatis suis ad praedictam Ecclesiam quandocunque, quomodocunque, et qualitercunque, per mortem, resignationem, privationem, cessionem, permutationem, divisionem, sive quocunque alio modo primo et proximo vacari contigerit, aliquem unum virum honestum et literatum praesentare, caeteraque omnia quae ad patroni munus seu officium spectant perficere pro huiusmodi prima, proximaque vacatione tant̄, adeo plene et integre, sicut egomet ea in part facerem si hoc praesens scriptum meumfact' minime fuisset. In cuius etc. Dat' etc. ¶ Of an Aduowson of a Deanery, Provostship, or Mastership of a College. REx etc. (ut supra 327. A.) ac tenore praesentium damus et concedimus Sect. 333. dilectis subditis nostris A. B. et C. D. armig', primam ac proximam advocationem etc. Decanatus, Praepositurae, Magistri, sive Praefecturae Collegij nostri de N. in comitatu nostro M. Habendum etc. ut supra. ¶ Of an Aduowson of a Parsonage or Vicarage. REx etc. salutem. Sciatis quod nos etc. dedimus & concessimus, Sect. 334. ac per praesentes damus et concedimus dilectis ser●ientibus nostris A. B. et C. D. Milit, primam, etc. ut supra, Ecclesiae parochialis, (or if it be of a Vicarage) Vicariae perpetuae ecclesiae de N. in comitat' nostro Kanc', Cantuarien dioces. & nostri patron̄ pleno iure existent, vel in iure Coronae nostrae, vel ratione Ducatus nostri Lancastr̄, vel ex concessione A. B. hac vice tantum etc. Habend' & tenend' praedict' primam etc. praef. A. B. & C. D. coniunctim vel divisim, aut eorum assignatis, & eorum cuilibet, pro unica & proxima vacatione eiusdem duntaxat: Ita quod bene licebit eisdem A. B. & C. D. coniunctim vel divisim, aut eorum assignatis, seu eorum cuilibet aucthoritate praesent̄ doni & concessionis nostrae, unum aliquem idoneum virum ad dictam ecclesiam diocesano eiusd', aut alteri judici in ea part competenti praesentare, cum primo & proximo p̄fata ecclesia (ut pfertur) per mortem, resignationem, privationem, cessionem, seu quacunquealia ratione vacare contigerit. Ac omnia alia & singula quae circa praemissa necessaria fuerint, seu quomodolibet oportuna, peragere & implere, tam bene libere, ac integre, quam nos ipsi perageremus, si praesens concessio nostra praef. A. B. & C. D. facta non fuisset. In cuius etc. ¶ Of an Aduowson of a Prebend in a College. REx etc. Sciatis nos de etc. dedisse etc. dilectis nobis T. H. & N. M. Sect. 335. primam & proxim●m advocationem canonicatus & praebend in Collegio nostro Oxon, vulgariter nuncupat (King Henry the eights College) ac plenam & integram collationem huiusmodi canonicat̄ & praebendae pro prima & ꝑxima vacatione eiusdem tantum. Ita qd bene licebit eisdem T. H. & N. M. ac eorum utrique coniunctim & divisim, executoribus & assignatis suis, ac eorum utrique, canonicatum & praebendam pndictam sic (ut praemittitur) primo & proxim' vacant̄ uni alicui personae idoneae vere & actualiter intuitu charitatis conferre. Necnon literas collationis ad hoc sufficientes & in iure validas facere, figillare, & tradere, Decanoque & Canonicis dicti Collegij nostri ꝓ huiusmodi personae receptione, admissione, & installatione rescriber̄, caeteraque omnia circa praemissa necessaria facere, & exequi pro huiusmodi prima ut praemittitur ac proxima vacat tantum, adeo plene etc. ut supra. In cuius etc. ¶ A grant of the next advowson of a Parsonage. OMnibus etc. Noveritis me praedictum T. G. dedisse etc. dilectis Sect. 336. mihi in Christo I C. & R. G. armiger & assignatis suis, primam etc. in comitatu E. Ita quod bene licebit eisdem I & R. executoribus, administr, & assignatis suis quandocunque Ecclesia etc. ut supra vacare contigerit aliquam aliam idoneam person̄ de qua sibi melius videbit expedire, ad Rectoriam pnd' sic vacuam nominare & pnsentar quousque una aliqua persona idonea ad nomination & praesentation eorund' I & R. seu eor alterius, executor', administrator, aut assignat' suor, seu alterius eor ad eand' Rectoriam cum pertin' admittat, instituat & inducat &c. In cuius etc. ¶ A Collation or donation of a Chapel. universis Christi fidelibus etc. I N. etc. salut & sinceram in dno Sect. 337. charitat. Cum capella libera de R. dictae diocesis iam vacare, & ad meam donation pleno iure spectare dignoscit. Noveritis me pnd' Capell ' come omnibus suis iuribus & pertin' universis, dilecto mihi in Christo R. C. clerico, viro tam probo quam literato donasse & concessisse, ac tenore praesentium ipsum R. in corporalem possessionem dictae capellae cum pertin' inducere. In cuius rei etc. ¶ A grant of an advowson of a Parsonage in fee. REx etc. Sciatis quod nos ex gratia etc. dedimus etc. G. R. & R. B. Sect. 338. aduocation, donation, liberam disposition, & ius patronat, & presentandi rectoriae & ecclesiae parochialis de D. in come S. Habend' etc. praefat' G. R. & R. B. haered' & assign' suis imperpetuum. In cuius etc. ¶ An appropriation of a Parsonage by the Queen. REgina etc. Sciatis quod nos etc. dedimus etc. Decano & Capit Sect. 339. Ecclesiae Cathedralis C. & beatae M. virginis Wigorn, advocationem etc. Rectoriae & Ecclesiae parochialis de D. in comitatu B. Habend' etc. eisdem Decano & Capitulo & successoribus suis imperpetuum. Et ulterius sciatis per praesentes quod nos de etc. ac auctoritate nostra Regia suprema & Ecclesiastica qua nunc fungimur, pro nobis, haeredibus & successoribus nostris concedimus, & licentiam damus praedict' Decano & Capitulo & successoribus suis, quod ijdem Decanus & Capitulum & successores suirectoriam & ecclesiam praedict', quandocunque per mortem, resignationem, sive deprivationem, aut aliquem alium modum quemcunque vacare contigerit, immediat̄ in suos proprios usus tenere sibi & successoribus suis imperpet̄ possint & valeant, absque molestatione aut impedimento nostro, haered' aut successor' nostrorum, & hoc absque aliqua praesentatione, inductione, siue admissione alicuius incumbentis ad eandem rectoriam extunc imposterum fiend'. Ac ulterius ex certa scientia & mero motu nostris, ac authoritate nostra praedicta qua nunc fungimur, pro nobis, haeredibus & successoribus nostris praedictam rectoriam & Ecclesiam de D. praedict', prout extunc (ut praefertur) vacare contigerit, ac omnia & singula, maneria, mesuagia, terr', tenemnta, reditus, reversiones, seruitia, glebas, decimas, oblationes, pensiones, fructus, proficua, commoditates, emolumenta, possessiones, & haereditamenta quae cunque cum eor pertinentijs universis, tam spiritualia quam temporalia eisd' rectoriae & Ecclesiae (sic ut praefertur) vacan̄ quoquomodo spectant sive pertinent, praed' Decano & Capit & successoribus suis, ac dictae eccl' suae Cathedrali appropriamus, consolidamus, unimus et incorporamus. Habend', tenend', gaudend', et convertendum casdem rectoriam et ecclesiam de D. praedicta, ac omnia et singula praemissa eisd' rectoriae et ecclesiae spectant et pertinent eisdem Decano et Ca itulo et successoribus suis ut praed' est, in proprios usus suos absque aliqua praesentatione, nominatione, inductione, s●ue admissione alicuius incumbentis, aut aliquor̄ incumbentium ad eand' ecclesiam extunc imposter̄ fiend'. Teste etc. Dat' etc. ¶ A Grant of a Stewardship for term of life, with a fee for the same, and for counsel. OMnibus etc. T. B. salutem. Sciatis me praefatum T. dedisse, et per Sect. 340. praesentes concessisse A. B. officium Seneschall' sive Senescalciae omnium & singulorum dominiorum, maneriorum, et hereditament̄ meorum de R. F. & C. in Comitat S. & custodiam sive officium tenendi Curiam, Leet, vis. franciplegior & singularum curiarum, vis. franciplegiorum & Leetarum dominior & maneriorum praedictorum & eorum cuiuslibet: Ac ipsum A. Seneschallum meum generalem in curijs meis vis francipleg' et Leetarum infra dominia, maneria, et hereditamenta mea praed' facio, constituo, et ordino per praesentes. Habend', tenend', exercend', et occupand' offi●ium praedictum cum pertinentijs, una cum omnibus et singulis feodis, vadijs, regardis, proficuis, et advantagijs eid' officio spectant sive ꝑtinentibus praef. A. ꝑ see, vel per sufficientem deputatum suum, sive sufficientes deputat' suos protermino vitae ipsius A. Et ulterius sciatis me praefatum T. dedisse, concessisse, & hoc praesenti scripto meo confirm̄ praefat' A. tam pro officio praedict' exercend' & occupand', quam pro bono consilio suo mihi per eundem A. ante haec tempora impenso & imposterum impendend', quandam annuitatem sive annualem reditum centum solidorum exeuntium, de, & ex oibus praed' dominijs, manerijs, & haereditamentis meis in R. F. & C. praed', ad festa P. etc. annuatim soluend' per manus receptor, firmarior, ballivorun, seu collector̄ meotum praemistorum, durant vita ipsius A. Et si contingat etc. (ut in claus. districtionis & nomine pena etc. In cuius etc. ¶ A grant of a Stewardship of a Corporation to a nobleman with a fec. OMnibus etc. R. I. Maior burgi de D. & Communitas eiusdem Sect. 341. burgi salutem in dno sempitem. Sciatis qd' cum antecessores nostri de tempore in tempus ꝑ multos annnos iam pnteritos, respicientes res p̄claras domi forisque ab illustrissimis viris ac dnis dno G. quondam Comite S. avo, et F. nu ꝑ Comite S. nobiliisimo patre pclarissimi dni G. nunc Com̄ S. dni F. etc. ordinis divi G. equitis aurati, Regiaeque Maiestati a sacris consilijs honorificentissime pijssimeque gestis, elegerint & constituerint eosdem Comites Seneschallos sive Recordatores suos manerijsiue dnij & socae villae praed', ac Cur' Leetar̄, visus francipleg' vill● & socae praed' aliarnque rerum suar in villa & soca praed'. Nos vero praed' nunc Maior & Communitas burgi praed' animis nostris recolentes & libere agnoscentes quam pie, pacifice, just, & aeque pref. Comit̄ burgum pnd' hominesque eiusdem burgi, cum oibus manerijs, dnijs, terr' & tenntis, & rebus suis ꝑ totum tempus pnd' rexerint & gubernaverint quantaque beneficia ipsi in burgum pnd' hominesque eiusd' sepius contulerint, pndictusque nunc Comes etiam nunc indies confert, de cuius ꝓbata fidelitate ac summa in nos pietate ac benignitate merito plurim confidimus. His consideratis dedimus & concessimus & hac pnnti charta nostra libere confirmauimus pfato nunc Com̄, quem antecess. nostr' annos abhinc circiter trigint ad hoc eligerunt & ordinaver, officium Seneschall' manij, dnij sive socae de D. predict', ac oium Curiar Leetar̄, visus francipleg', ac omnium aliorum manerior, dn̄iorum, terrarum, ten̄torum, & haereditamētor̄ nostrorum, & eor' cuiuslibet infra pnd' villam, burgum, sive focam, maneria, dnia, ac caetera pmmissa. Ac eund' nunc Com̄ Seneschallum nostrum omnium pndict̄ nostrorum maneriorum, dominiorum, & socae praedict', ac omnium Cur' Leetar̄, visus francipleg', terrar̄, tenementor̄ & haereditamentorum nostrorum pndict̄ quorumcunque, & election & ordination̄ pnd' iure optimo plene approbantes & confirmantes facimus, constituimus, ordinavimus, & declaravimus ꝑ pnsentes. Habend', tenend', gaudend', exercend', et occupand' offic' predict' cum pertin', una cum omnibus & singulis feod', ꝓfic', conmoditatibus, & advantagijs eidem officio spectant sive pertin' prefat' G. nunc Com̄ S. per se vel per sufficientem deputat' sive sufficientes deputat' suos ad libitum suum de tempore in tempus eligend' & subssituend' pro termino vitae ipsius tunc Com̄, tam honorifice, libere, & in tam amplis modo & forma, prout aliquis alius sive aliqui alij pndict̄ officium unquam habuerint sive tenuerint, aut nos illud quoquomodo dare aut concedere possumus. Et ulterius sciatis quod nos in consideratione praemissorum ac pro officio praedicto exercend' & occupando damus & concedimus pro nobis & successoribus nostris eid●̄ nunc Com̄ & assign' suis quandam annuitatem sive annual' red etc. exeunt de & ex omnibus manerijs, dominjis, terris, tenntis, & haereditamentis praed' cum pertinentijs ad festum Nativitatis dni annuatim soluend' praef. Comiti per nos & successores nros, seu per manus receptorum ballivorum & collectorum praemissorum. una cum omnibus alijs feodis, proficuis, commoditatibus, potestatibus, authoritatibus, libertatibus, praeheminentijs, & privilegijs, dignitatibus, & emolumentis quibuscunque officio pndicto qualitercunque pertin' sive spectant. Ac in tam amplis modo & forma prout aliqui alij seu aliquis alius officium predictum antehac unquam habuerunt vel occupaver sive habuit vel occupavit aut habere seu occupare debuit seu potuit. Ac in tam amplis modo & forma quant̄ idem officium ac caetera p̄mis●a cum pertinentijs da●i aut concedi possunt aut debeant. Et ulterius convenimus & concedimus per praesentes, qd' si contingat praedictam annuitatem sive annualem redditum etc. aut aliquam inde parcellam aretro fore insolut̄ ad aliquod festum festorum praedictorum in quo ut praefertur solui debeat durant vita praefati nunc Comitis, quod tunc & toties bene liceat & licebit eidem Comiti & assignatis s●is in omnia & singula praed' maneria, dominia, terras tenementa, & haereditamenta nostra cum pertinent intrare & distringere, & districtiones sic ibidem captas & habitas licite asportate effugare & penes se retinere donec eidem nunc Comiti & assignatis suis de praedict' annuitate sive annuali redditu cum oimbus inde arreragijs si quae f●erint. plenary sit satisfactum & persolut̄. Humiliter supplicantes quatenus pra fat̄ Comes praedictum officium, annuitat, ac cetera praemissa ut testimonium nostrae in illum qualiscunque gratitudinis certissimum a nobis accipere, & nos in illius clientelam suscipere dignetur per praesentes. In cuius rei testimonium has literas nostras patente, fieri, & eisdem sigillum nostrum commune apponi fecimus. Dat' in Guihalda burgi praedict' quato die etc. ¶ A grant of understewardship or deputation. OMnibus etc. T. P. salut, cum W. F. per script' suum geren dat' etc. Sect. 342. constituerit & ordinaverit me praefat' T. Seneschal' suum dominior' & manerior suorum de B. & S. in come E. ac omnium cur' vis. francipleg', & leetar infra dnia & maneria praed': tenend', habend', occupandum & exercendum officium praedict' per me vel per sufficientem deputat' meum, sive sufficientes deputatos meos pro termin̄ vitae meae cum feodis, vadijs, regardis & proficuis eid' offic' spectant, aut ab antiquo debit' vel consuet̄ una cum quodam annuali feod' xl. s. pro exercitione & occupatione officij praed' prout in scripto praed' plenius apparet. Sciatis me praef. T. fecisse, ordinasse, & per praesentes constituisse dilect' mihi R. S. meum deputatum sive subseneschallum dominiorum sive manerior praed omnium & singular cur' vis. francipleg' & letar infra dnia sive maneria praed': habend', tenend', occupand', & exercend' idem officium huiusmodi deputat' seneschalli eiusd' R. per se vel per sufficientem deputatum suum, seu sufficientes deputatos suos ad terminum vitae mei praed' T. percipiendo annuatim durant termin praed' pro officio illo exercendo & occupando omnia feoda vadia regarda & proficua eidem officio spectantia aut ab antiquo debit' vel consuet̄, una cum praedict' annuali reditu quadraginta solidorum, adeo plene & integre, & in tam amplis modo & forma prout egomet nunc aut preantea habui, percepi, usus fui, vel facere consuevi. In cuius etc. ¶ A deputation with authority to execute the office of an Aulnageor. THis Indenture made &c. between etc. Witnesseth, that the said R. Sect. 343. H. hath deputed, & by these presents doth depute the said W. G. to minister, meddle, occupy & exercise his office of Alnage, and seal of woollen clotheses, made and hereafter to be made, to be put to seal within the towns of C. aforesaid, C. D. & H. in the said County of S. & the towns of etc. in the County of E. with their members & within two mile's compass of every of the said Towns, not being in any other man's lease or farm, together with the whole shires, & countries of etc. the town of W. only excepted and reserved. To have, use occupy and exercise the said office of Alnage and sealing to the said W. G. his executors and assigns from the feast of etc. last passed before the date hereof, unto the end and term of xiiii. years from thence next and immediately following, and fully to be complete and ended, with all the whole profits, revenues, issues, and advantages, that of right shall grow and be due to the said W. G. by reason of the said office, during the said term without interruption, meddling or disturbance of the said R. H. or any other in his name, or by his commandment: For which profits, revenues, issues and advantages, to be perceived, & taken in manner & form afore expressed, the said W. G. covenanteth and granteth for him, his executors and assigns, to pay yearly during the said term of xiiii. years, and for every of the same ix. li. of good and lawful money of England, to be paid to the said R. H. his executors or assigns in the feasts of etc. by even portions. And in occupying and exercising the said office, during all the said term of xiiii. years, the said W. shall not do, or cause to be done, any thing contrary to any act, ordinance, or statute, afore this time made, by any Parliament, or hereafter to be made, concerning the said office, whereby the said R. H. his executors or assigns, may run into any contempt, penalty, or danger, towards our said Sovereign Lord the King, or towards any common person or persons, whereby the said R. H. may at any time, forfeit the said office. Moreover the said W. G. covenanteth and granteth, to and with the said R. H. that he the said W. his executors or assigns, at every of the said feasts, during the said term of fourteen years, and for every year of the same shall make true certificate & due presentment, unto the said R. H. his executors or assigns, of all and every such forfeitures of woollen clotheses, as well of broades, as of narrowes, as shall come to his hands or knowledge, or to the hands or knowledge of his assigns, from time to time, when such forfeiture or forfeitures of woollen clothes shall happen to fall during the said term of xiiii. years, And it is covenanted and agreed, between the said parties, that the said clotheses so forfeited, shall remain to the intent and uses hereafter ensuing, that is to say. The one half and moiety of the said forfeiture or forfeitures, to the use of our said Sovereign Lord, according as it is expressed in the king's letters patents made to the said R. H. of the office aforesaid, and the other moiety and halfedel to the use of the said parties, equally to be divided & departed between them, that is to say, to the said R. H. his executors or assigns y● one moiety, & the said W. G. the other moiety, And furthermore the said W. G. covenanteth for him, his executors & assigns, to and with the said R. H. his executors or assigns, that he the said W. his executors or assigns, nor none other manner of person or persons, in his or their name or commandment, shall from henceforth seal any manner of cloth or clotheses now made, or hereafter to be made and to be put to seal, but only such cloth and clotheses, as now are, and hereafter shall be made and clothed within the shires, towns, and limits above specified, and in none other place, during the said term of xiiii. years: any thing to the contrary above expressed notwithstanding, and for assurance of all and singular covenants, grants, & agreements on the behalf of the said W. his executors and assigns well and truly in manner and form before rehearsed, to be observed and kept, the foresaid W. standeth bounden to the said R. H. in one obligation of C. li. bearing date the day of this Indenture. In witness etc. ¶ A grant of a Stewardship during pleasure. OMnibus etc. H. W. Miles, salutem. Sciati●quod ego etc. dedi Sect. 344. etc. dilecto mihi T. B. offic' Seneschalli omnium dominiorum & maneriorum meorum in Comitat E. & H. Ac ipsum T. Senesch' omnium dominiorun & maneriorum meorum praedict' facio, ordino, & constituo per praesentes. Habend' etc. offic' praed' praefat' T. per se vel per sufficientem deputat' suum, sive sufficientes deputatos suos, a festo S. Mich' archang' ultimo pnterito, durant beneplacito meo, cum vad' & feod' xiii. solidorum & iiij. denariorum per annum: Percipiend' annuatim praef. T. de exitibus, ꝓficuis, & reventionibus manerij mei de C. in come E. praed', per manusrecept̄ mei ibid' pro tempore existent', ad festa etc. Mandamus ensue ꝑ universis & singulis firmarijs, tenentibus, & occupat meis, & eorum cuilibetibiden, qd' praef. T. & deputatis suis in hac part de tempore in tempus assistentes sint, obedientes, & auxiliantes in omnibus prout decet. In cuius etc. ¶ A grant of a Bailywicke. OMnibus etc. R. W. etc. Noverit universitas vestra me de fidelitate Sect. 345. circumspectione & debit' obsequio dilecti seruientis nostri G. A. mihi in posterum impend' plenius confidentem, fecisse, ordinasse, & per pnsens s●ript̄ meum constituisse ipsum G. balliwm meum villae & manerij sive domin' nri de R. in come H. ac collectorem & receptorem omnium & singulorum reddit', finium, amerciament, & extract' duarum laetarum sive vis. franciplegiorun nostrorum ibidem inde, & quorumcunque aliorum proficuor, ratione earund' laeterun sive francipleg' qualitercunque emergent̄ sive provenient. Habend', tenend', exercend', & occupand' offic' praed' eidem G. perseipsum, quamdiu idem G. erga me se bene gesserit, & fidele compotum de receptis & recipiendis nobis reddiderit, ac ea nobis soluerit & plenary satisfecerit. Percipiendo de nobis pro vadijs suis annuis xl. s'. ad festa etc. aequis portionibus ꝑ manus meas proprias post compotum et plenariam solut̄ cuiuslibet dimid' anni, ac dona, feod', regarda, & emolumenta eidem officio debita & consueta, de receptis praed' soluend'. Mandans etc. ¶ A grant of the office of Custos Rotulorum. REgina oimbus etc. Salut. Cum per Ir̄as patentes dni H. 8. nuper Sect. 346. Regis Angliae patris nostri praecharissimi, geren dat' apud W. 8. die I anno regni sui xxviij. recitat existit, Quod cum idem nuper Rex de gratia sua speciali, ex certa scientia, & mero motu suis, necnon in consideratione boni & fidelis seruitij, qd' dilectus & fidelis tunc seruiens suus R. W. sibi ante tunc impendebat, & durant vita sua impendere intendebat, dederit & concesserit ꝑ literas patentes praed' eidem R. W. Officium contrarotulatoris omnium & singulorum recordor, placitor, finium, amerciamentor, redemption, manucaptionun, recognic', irrotulament & exemplific', inquisic', brevium, process. customar, & omnium alior quorumcunque coram Iustic' dict' nu ꝑ Regis vel locum tenent suis, aut locum tenente suo in come C. et F. coram Camar' eiusdem nu ꝑ Regis C. & deputat' vel locum tenent suo. Ac etiam coram Eschaetor dicti nu ꝑ regis Com̄ C. & Eschaetor suo Com̄ sui F. & deputat' suo, ac etiam coram Vic' predict' nuper Regis & deputat' eius sive subuic' dicti nuper regis de F. deputat' suo. Necnon coram quibuscunque alijs offic' & ministr̄ eiusdem nu ꝑ regis in come praed', aut ꝑ aliquen, & quoscunque offic' & ministr̄ suos infra eosd ' come suos & utrumque eorunden, aut deputat' vel uniuscuiuscunque officiar praed' recipiend', agend', faciend' & exequend', tam in dictis come & session in come praed' tenend', quam oibus alijs temporibus anni: Necnon omnium et singulor operum aedification & reparac' dict nu ꝑ regis infra come praed'. Cumque etiam idem nuper Rex H. 8. per lras suas patentes predict' dederit & concesserit eidem R. W. plenam potestatem, aucthoritatem, ac mandatum suum speciale ad videndum, legendum, et examinand' oina & singula recorda, rotulos, brevia, retorn, & muniment quecunque coram officiar praedict', & quolibet eorum capt', fact, capiend', faciend', seu reman' toties quoties predict' R. W. aut eius deputat' placuer. Habend', tenend', et gaudend', & exercend' officium praed' per praed' R. W. aut per deputat' suum, vel per sufficient̄ deputat' suos pro termino vitae eiusdem R. W. cum vad' & feod' eidem officio debit' & consuet̄, percipiend' & persoluend annuatim de exitibus & reventionibus dict' nuper Regius ex dict' comitat' C. et F. debit', per manus aliquorum aliorum receptorum, ballivorun, firmarior, praepositorun, tenentium, vel occupatorum suorum come sui C. aut F. praed' pro tempore existent', ad festa etc. per equales portiones, una cum oimbus alijs feod', ꝓficuis, commoditatibus, advantagijs, libertat, & emolument quibuscumque pnd' officio Contrarotulatoris debit' & consuet̄, in tam amplis modo & forma, prout W. B. defunctus de alta prodit attinct' aunt attinctur' praed' in vita sua habuit, aut deputatus suus, sive deputat' sui, vel aliquis alius aut aliqui alij pro officio praed' exercend' et occupand', habuit & percepit, habuerunt & ꝑceperunt, prout per Ir̄as patentes pred' plenius liquet etapparet. Qui quidem R. adhuc superstes & in plena vita existit, ac de officio praed' et caeteris pmmissis ad praesens seisitus est in dnico suo ut de libero tenemnto, pro termino vitae suae. Sciatis quod nos de fidelitate, industria, & diligentia dilect' subditi nostri S. etc. quamplurimun confidentes, de gratia nostra speciali, ac ex certa scientia & mero motu nostris dedimus et concessimus, ac pro nobis, haered', et successoribus nostris per pnsentes damus & concedimus eidem I S. officium Contrarotulator nostri, ac haered' et successorum nostror, & omnium et singulorum recordorum, placitor, finium, amerciamentorun, redemption, manucaptionun, recognition, irrotulament, exemplification, inquisic', ꝓcess. brevium, customar omnium alior quorumcunque coram Iustic' nostris, ac haered' & successorum nostrorum C. & deputat' vellocum tenent suo, ac etiam coram Eschaetor nostro, ac haered' et successor' nostrorum come Cestr, & Eschaetor nostro, ac haered' et success. nostrorum comit' nostri F. & deputat' suo, ac etiam coram Vic' nostro, ac haered' et successor' nostrorum, & deputat' eius, sive subuic' come nostri C. ac coram Vic' nostro, ac haered' et successor' nostro come nostri F. & deputat' suo: Necnon coram quibuscunque alijs Officiar et Ministr̄ nostris, ac haered' & successor' nostrorum in come praed', aut per aliquen et quoscunque officiar & ministr̄ nostros, ac haered' et successorum nror infra eosdem come nostros & utrumque corund', aut deputat', vel unius cuiuscunque officiar predict' recipiend', agend', faciend', et exequend', tam in dict comitatu & session in come praed' tenend', quam omnibus alijs temporibus anni: Necnon omnium & singulorum operum, aedificationun, et reparationun nostrarum, ac haered' & successorum nostrorum infra comitat' praedict'. Damus etiam pro nobis, haered', et successor' nostris per pnsentes, ac ex certa scientia & mero motu nostris concedimus praef. I. S. plenam potestatem & aucthoritatem, ac mandatum nostrum speciale per praesent̄ ad vidend', legend', & exercend', omnia & singula record', rotulos, brevia, retorn, & muniment quaecumque coram officiar praedict', & quolibet eorum capt', fact, aut capiend', fiend', seu remanent, toties quoties dict' I S. aut ei●s deputat' melius videbitur expedire. Ac etiam omnia & singula alia exercend' & agend' quae ad officium Contrarotulator pertin', sive consuet̄ fuerint faciend'. Habend', tenend', occupand', gaudend', & exercend' officium praed' praef. I. S. per se, aut ꝑ deputatum suum, vel ꝑ sufficient deputatos suos pro termino vitae eiusd' I. S. una cum oibus vad' & feod' eidem officio debit' aut consuet̄, aut pertin' sive spectant, percipiend' & persolu●̄d' annuatim de exitibus & reventionibꝰ come nror C. & F. per manus receptor', balliuor', firmarior, praepositor, tenentium, vel occupator nostror, ac hered' vel successor' nostror' praed' Come nostror C. aut F. ꝓ tempore existent', ad festa etc. ꝑ equales portiones, una cum oimbus alijs feod', ꝓficuis, commoditatibus, advantagijs, libertat, iuribus, praeheminentijs, privilegijs, & emolument quibuscumque dict' officio Contrarotulatoris debit' & consuet̄, in tam amplis modo & forma, prout R. W. aut W. B. in vita sua habuer, seu eorum alter habuit, aut dputatus suus, sive deputat' sui, vel aliquis alius, vel aliquialijs, in, & pro officio praed' exercend' et occupand', habuit & percepit aut habuerunt & ꝑceper, seu habere aut percipere debuit, vel debuer ullo modo: Eo quod expressa mentio etc. aliquo statut' etc. In cuius etc. ¶ A grant of the Clerkship of Peace. REx etc. omnibus ad quos etc. Salut. Sciatis etc. dilecto nobis Sect. 347. T. D. de etc. officium sive occupation Clerici pacis in come nostro F. ac etiam officium sive occupation Cleric' Coronae nostrae omnium & singular Session pacis nostrae haered' & successor' nostrorum coram Iustic' add pacem in dicto Come conseruand' assign': Necnon ad divers. felonias, transgress. & alia malefacta in eodem come audiend' & determinand' assignat', aut per nos, haered', aut successor' nostros imposter̄ in dicto come assignand': Ac etiam coram quibuscunque Iustic' per specialem commissionem vel commissiones speciales nostras haered' & successor' nostror ad Gaolas in Com̄ praed' assignat' & assignand', & prison in carceribus eius●em existent deliberand' de tempore in tempus. Et ipsum T. D. clericum pacis ac dict̄ Coronae nostrae in dicto come per totum eund' come coram quibuscunque Iustic' nostris haered' & success. ni orun per pnsentes, facimus, constituimus, & ordinavimꝰ, ac deputavimus. Habend', occupand', & exercend' officia sive occupation pnd' eidem T. D. ut cler' pacis & coron in come pnd' per se, vel ꝑ sufficient deputat' suum, sive deputat' suos sufficient, pro termino vitae eiusdem T. D. Habend', recipiend', & percipiend', de, in, & ꝓ officijs sive occupationibus praed' exercend, talia vadia. & feoda, emolument, ꝓfic' & regarda, qualia alij Cleric' pacis & Cleric' Coron in alijs come regni nostri Angl', pro officijs Clerici pacis & Cleric' Coronae, sive eorumque alter exercend', habent aut habere debent separatim, secundum vim, formam, & eflectum cuiusdam actus Parliament̄ inter alia confect', aedit, & provis. Et insuper volumus & mandamus ꝑ pnsentes, qd' custos Rotulor existent in come pnd', durant vita eiusd' T. his litter nostris visis, aut per ipsum custod' siue custod' nros in hac part concessione, donatione, ordinatione, & deputatione praed' intellect' incontinenter deliber & tradant, seu tradi aut deliber faciant praef. T. vel eius in hac part deputat', sive deputat' suis, oina & oīmod' record', memorand', & alia scripta, ad dict' officium sive occupation pertinent', sive qualitercunque: spectant. Et quod praef. Custos sive custodes permittat sive permittant ipsum T. ad libitum suum ad ninum usum, & interest, ea oina & singula haber, custodite, retinere, & occupare, & officia sive occupationes praed', in come praed' exerc' & gaudere, cum oimbus, feod', profic', & aduantag', in tam amplis modo & forma, sicut aliquis alius Clericus pacis aut Coronae, sive aliqui alij cleric' pacis & coronae in alijs come regni nostri Angl' temporibus retroact' ab antiquo habuit & percepit, habuer & ꝑceper, absque alia contradict', ꝑturbatione, seu gravamine inde quoquomodo fiend'. Proviso sem ꝑ qd' idem T. virtute istar literar patent, aliter quam pro custod' offic' seu occupat suor pnd' nullatenus oneret seu gravet, per nos aut haered' nros, absque aliquo compoto, aut aliquo alio ꝓ offic' sive occupationibus pnd', nobis aut haered' nostris soluend' aut faciend': Et absque fine seu feod' add usum nostrum pro pmmissis, seu aliquo pmmissor reddend', soluend', aut faciend'. Eo qd' expressa mentio etc. In cuius rei etc. T. R. apud Westm x. die Martij, Anno regni H. 8. nu ꝑ Regis Angliae xxxij. per breve de privato Sigillo etc. anno supradict'. ¶ A grant of the office of a Scribe or Register. W. Permiss. divina L. Episc', dilecto nobis in Christo W. salut Sect. 348. & benedict': ob liter̄ scientiam & morum honestat quibusapud nos fide dignor testimonio pensant inducimur, ut te favore benevolo ꝓsequamur: Offic' igitur Scribae & Registrarij commissariatus sive sequestratoris nostri generalistotius nostri Archidiaconatus N. cum oibus commoditat, iuribus, feodis, ꝓficuis, & emolument quibuscunque, tam de iure quam de consuetud' Scribae sive Registrar hmodi officij qualitercunque spectant & pertin', sive debit' & debend', Tibi damus & concedimus per praesentes, Ette actorum scribam huiusmodi offic', ac Registri eiusdem custod' tenore praesentium praeficimus & deputamus, per te seu deputat' tuum idoneum quem adiunxeris: occupand' tenend', & habend', etc. Datum sub sigillo nostr' quod in promptu ●am ad manus habemus, xii. die mensis Novemb. An. Dom. etc. ¶ A Grant of the office of a Surueyorship. REgina omnibus ad quos etc. salutem. Sciatis quod nos de fidelitate, Sect. 379. industr, & provida circumspectione dilecti nobis I T. gen, plurimum confident̄ de gratia etc. praef. I. T. officium pertic' supervisor terr' & tenement' omnium & singulorum honour, castrorum, dominiorum, manner, terr', redit', seruic', ac omnium aliorum possessionum & haeredit, haered' & successor' nostror quorumcunque in come nostro C. ac in omnibus villis & locis quibuscunque tam infra libertat quam extra, infra praecinct', limit, & circuit eiusdem come, in superuis●ord ', & gubern cur' Scaccarij nostri modo existent, seu imposter̄ quoquomodo existere contingent: Et quae nuper fuer' in su ꝑuis. ordine, & gubernac' nuper Cur' augment & reventionun Coron Angl', adeo plene, libere, & integre, ac in tam amplis modo & forma, prout I S. sive aliquis ꝑticular supervisor terr' praed' in dicto comit' C. per nomen unius particular supervisor terr' nuper Cur' augmentation & revencion Coron Regiae habuit, tenuit, vel gavisus fuit, seu habere, tenere, vel gaudere debuit, ac ipsum T. ꝑticular superuis. terr' & tenement' praed' honorum, castrorum, dniorum, maneriorum, terr', tennt, redit', & seruic', ac aliorum possess. & hereditamentorum praed' facimus, ordinamus, & constituimus per praesentes. Habend', tenend', gaudend', & exercend' officium praedict' praefat' I T. per se, vel per sufficient̄ deputat' suum, sive deputat' suos sufficient, durant beneplacito nostro una cum omnibus proficuis eidem officio quoquomodo spectant & pertinent seu incumben. Et ulterius de ampliori gratia nostra dedimus & concessimus, & per praesentes damus & conced ' eidem I T. pro exerc' & occupatione officij praed', quandam annuitatem sive annuale feod' etc. per annum; Ac tot ac tantas denar̄ summas pro expensis suis, dum idem I. vel deputat' suus in aequitand', vel aliter circa negotia officium praed' tangent, de tempore in tempus fuerint occupat, quot & quant, per discretion T. C. S. & B. baron Scaccarij nostri praedict' videbunt esse necessary & sufficient. Habend' & annuatim percipiend', tam eandem annuitatem sive feod' etc. quam dictas denarior summas pro expensis suis circa officium praed' ut praefertur exponend' praefato I etc. ¶ grants of offices of Chamberlain of the Exchequer, justice in Eyre, Steward, Keeper of Castles, Master of the game etc. PHilippus & Maria dei gratia Rex & Regina Angl' &c. Omnibus Sect. 350. ad quos pra sentes literae pervenerint salutem. Cum praeclarissimus pater noster praef. Regin̄, per literas suas patentes sub magno sigillo suo Angl' confect̄ geren̄ dat' apud etc. dederit & concesserit dilecto consanguineo suo G. Comiti S. iam defuncto, ac praedilec●o & fideli consanguineo & consiliario nostr' F. Comiti S. ordinis nostri Gart̄ Militi, per nomen F. T. filij & haered' apparentis praed' G. officia Constabular & lanitoris castrorum suor' de R. & W. ac officium Seneschalli dnij & manerij de R. dnij & manerij de M. dnij & manerij de W. Necnon officium Magistri de duct̄ ferar parci dicti patris nostri de O. Ac etiam officium Magistri de duct̄ ferar in chacea de M. in Marchia Walliae. Quae quidem dominia, maneria, ac caetera pmmissa adtunc fuer' parcell' come dict̄ patris nostri March'. Habend', occupand', & exercend' oina & singula pndict̄ officia praef. Comit̄ & F. per se, vel per sufficient̄ deputat', seu sufficient̄ deputatos suos, durant vita ipsorum Comitis & F. & alterius eorum diutius viventis: Percipiend' in & ꝓ officijs illis exercend', vad', feod', profic', & commoditates eisdem officijs & eor cuilibet debit' et consuet̄, in tam amplis modo et forma, ꝓut aliquis alius, vel aliqui alij, in, & pro eisd' officijs, seu eorum aliquo habuit et percepit, aut habuer vel perceper̄ ad festa etc. aequis porcionibus, per manus receptor̄ Com̄ March' pro tempore existent, prout per easdem literas patentes inter alia plenius liquet & apparet. Et cum pndict̄ pater noster praef. Reginae, ꝑ alias literas suas patentes sub magno sigillo suo Angliae confect̄ geren̄ dat' etc. dederit & concesserit praef. G. Comiti Salop', et pndilecto & fideli consanguineo & consiliario nostr' F. Comit̄ Salop', per nomen F. T. armig' dni T. filij sen dicti G. officium unius Camerariorun de recept̄ Scaccarij dicti patris nostri, sive officium unius Camerariorum de Scaccario eiusdem patris nostri, illud qd' E. D. adtunc defunct' nu ꝑ habuit & occupavit. Habend', tenend', gaudend', et occupand' officium predict', una cum constitutione et ordinatione unius hostiariorum de recept̄ pndict̄ cum accideret, & cum constitutionibus & ordinationibus omnium aliorum officiariorum & ministrorum eidem officio unius Camerarior' qualitercunque pertinent sive spectant eisdem Comiti & F. et eorum alteri diutius viventi, per se, vel ꝑ sufficient̄ deputatum suum, sive deputatos suos sufficient̄ pro termino vitae eorum, & eorum alterius diutius viventis. Ac cum oibus iuribus, emolum●̄tis, robis, vestur', & ceteris commoditatibus, advantagijs, & pertinent quibuscunque eid' officio quoquo modo debit' & consuet̄ sue pertinent. Percipiend' in & pro officio illo talia vad', feod', & regard ', & eisdem modo & forma, prout aliquis alius in eodem officio antehac habuit & percepit, absque aliquo compoto seu aliquo alio dno patri nostro seu haered' suis inde reddend', soluend', seu faciend', prout per easdem Iras patentes inter alia plenius liquet & apparet. Cumque etiam prae charissimus frater noster praefat' Reginae Edwardus sextus nu ꝑ Rex Angliae, per literas suas patentes sub magno sigillo suo Angliae confect̄, geren̄ datum apud Westm etc. dederit & concesserit dicto praedilecto & fideli consiliario suo consanguineo nostro F. Comit̄ Salop', officium gardianis & capitalis Iustic', ac Iustic' sui itinerantis, omnium & singularum forestarum, parcorum, cha●earum, & warennarum suarum, cum suis pertin' quibuscunque ultra Trentam existentium, quae dicto fratri nostro prefat' Reginae in iure Coronae suae, aut ratione alicuius attinctur̄, eschaet, forisfact', perquisitionis, excambij, seu quocumque alio modo pertinebant aut spectabant, seu adtunc imposterum ad manus dict' fratris nostri praef. Regin̄ haered' aut successorum svorum devenire contigerint: Dantes & concedentes eidem Comiti, plenam aucthoritatem & potestatem tenore dictarum literarum patentium, ad omnia & omnimoda placita, quaerelas, & causas forestar̄, parcorum, chacearum, warrennarum praedict, tam de viridi gram, quam de venatione, ac de alijs causis quibuscunque infra easdem forestas, parcos, chaceas, & war●̄nas, euenien̄ sive emergent, audiend' & determinand'. Cumque etiam praedict' frater noster ꝑ easdem literas patentes dederit & concesserit eidem Comiti officium Custod' & Magistri de duct' omnium & singular̄ ferarum svarum infra easdem forestas, parcos, chaceas, et war●nas, & eorum quemlibet seu quamlibet adtunc existent, & imposterum existend'. Cumque ulterius praed' frater noster per easdem Ir̄as patentes dederit et concesserit prefat' Comiti, oina & singula eadem feod', regard ', proficua, reversiones, advantagia, commoditat̄, et emolumenta quaecunque pndict̄ officijs, & eorum cuilibet quoquomodo pertin' sive spectant, habit̄, vsitar̄, debit', inciden̄, sive consuet̄, in tam amplis modo etc. ꝓut A. B. adtunc defunct̄, aut aliquis alius, ea sive earum aliquod antea habuit, percepit, seu gavisus fuit, sive aliqui alij, ea seu eor aliꝙ antea habuerunt, pceperunt, seu gavisi fuerunt. Que quidem officia ac caetera pmmissa in dict̄ literis patent̄ gerent dat' dicto etc. express. cum suis pertin', adtunc post mortem naturalem pndicti A. B. in manibus et dispositione dicti fratris n●i extiterunt, & existere deberent. Habend', occupand', gaudend', & exercend' officia pndict̄, et eoram quodlibet, ac oina & singula caetera praemiss. cum suis pettin̄ pref. Comit̄, per se, vel per s●fficient̄ deputat' suum, sive deputat' suos sufficient̄ durant vita ipsius Comitis. Cumque insuper praed' frater nostr' per easdem literas patentes dederit & concesserit eidem Comiti, pro exercitio & occupatione offic' praed' gardianis & Iustic' dicti fratris nostri Itinerant antedict', & caeteror̄ praemissorum quandam annuitatem sive annual' reditum centum librar sterling '. Habend', tenend', gaudend', & annuatim percipiend' praedict' annuitatem sive annualem reditum pref. Comiti durant vita sua, de Thes. dicti fratris nostri, haered' & successorum suorum per manus Thesaur̄ camerae suae haered' & successor' suor pro tempore existent, aut per manus huiusmodi personae seu aliar̄ personar̄, cui vel quibus dictus frater noster haered' & success. sui officium Thes. praed', per nomen Thes. aut per aliud quodcunque nomen illud dare & conced ' volverit, aut aliquis haered' vel successor' dicti fratris nostri dare & conced ' volverit, ad festa Sancti Michaelis archangeli, & Annunc' beatae Mariae virginis, ꝑ equales portiones annuatim soluend', una cum omnibus praedictis alijs vadijs, feodis, regard ', proficuis, commodit, advantagijs, & emolumentis praed' officio, & eor cuilibet pertinent, spectant, debit', inciden̄, sive consuet̄, in tam amplis modo & forma, prout pnd' A. B. aut aliquis alius sive aliqui alij officium praed', seu eorum aliquod vel aliqua habens sive occupans, habentes sive occupant, habuit aut percepit, habuerunt autperceper̄. Habend', occupand', gaudend', & exercend' officia praed' & eor quodlibet; ac oina & singula caetera praemissa cum suis pertin' praef. Comiti, pierce, vel ꝑ suffic' deputat' suum pro eisd' & eorum quolibet absque compoto, seu aliquo alio inde dicto fratri nostr', haered' vel successoribus suis pro pmmissis, seu aliquo praemissor̄ dand', reddend', soluend, vel faciend'. Cumque etiam praed' frater noster per easdem literas patent̄ dede●it & concesserit pro se haered' & successor' suis eid' Comit̄, plenam potestat & auctoritat faciend', nominand', constituend', deputand', & assignand', de tempore in tempus durant vita sua, omnes & singulos Subseneschall', officiar, ac Clericos cur' Swannimot, ac oens alios cler̄ & ministros in quibuscunque itineribus, seu cur' dict' fratris nostri de statu ferar, parcor, chacearum, & warrenn̄ praed', & eorum seu earum cuiuslibet, tenend', occupand', & exercend', & eos & eor quemlibet juxta discretionem eiusd' Comitis amouend' & expellend', aliosque in sua vice vel in suis vicibus de tempor in tempus locand', constit & ponend'. Cumque etiam pnd' frater noster volverit & concesserit qd' virtute dictar̄ literar̄ patent, omnes hmodi Subsenesch. clerici, offic' & Magistr̄, & eor quilibet de tempore in tempus, haberet, perciper̄, & gauderet, haberent, perciperent, & gauder̄, vadijs, feod', proficuis, regardis & advantagijs eis & eor cuilibet, pro exercitio sive occupatione officiorum svorum, vel eorum alterius ab antiquo solut̄, debit' & consuet̄. Cumque ulterius praed' frater noster per easdem literas patentes, dederit & concesserit prose, haered' & successoribus suis praef. Comiti, plenam & legitimam potestatem & authoritatem, quod ipse per totam vitam suam pro certis finibus secum fiend', & ad opus dicti fratr̄ nostri leuand', licite valeret & potuisset de tempore in tempus cuicunque & quibuscunque subditis dicti fratris nostri licentiam dare specialem, quod ipse & eorum quilibet licite facere valerent & valer̄ quascunque copicias, oīmod' arbor̄ boscorum, & subboscorum dicti fratris nostri infra praed' forestas, parcos, chaceas, & warrennas, aut eorum aliqd' crescent. Necnon dict' arbores●●Punc●● boscos, & subboscos in huiusmodi copicijs crescent succidere, ꝓsternere, & abinde cariari facere de tempore in tempus: Ita tamen quod succitiones, prostrat̄, & abcariationes inde fierent tempor anni congruis & oportunins, & non in mensibus vetitis, nec in exilium ferarum dictifratr̄ nostri ibidem moram facere & manere consuet̄. Ac qd' copiciae huiusmodi concluderentur, prout mos est, secundum assis. Forestae dicti frattis nostri & mensur in eadem usitat. Cumque etiam dictus frater noster per easdem literas patentes concesserit eidem Comiti, quod dictae licentiae ꝑ eundem Comiten, modo & forma praed' adtunc imposterum cuicunque aut quibuscunque sub ditis dicti fratr̄ nostri concedend' essent adeo efficaces & validae in lege & tanti vigoris, prout si concess. fuissent ꝑ dictum fratrem nostrum haered' aut success. suos, sub magno sigillo Angliae extra Cancellar' suam, prout ꝑ easd' literas patent̄ inter alia plenius liquet & apparet. Qui quidem G. nu ꝑ Comes iam defunctus existit ut accepimus, quodque praed' E. nu ꝑ Comes S. modo habet & tenet sibi & assign' suis, omnia & singula officia praedict', ex donis & concessionibus praedict' patris & fratris nostror, Dict' dominae Reginae in forma praedicta fact' & concess. Sciatis quod nos praedicti Rex & Regina, in consideratione boni veri fidelis & acceptabilis seruitij qd' praedilectus & fidelis seruiens noster G. T. Miles, dominus T. filius & haeres apparens praedicti consiliarij & consanguinij nostri F Comit Salop' nobis antehac multipliciter impendit, & quod indies impend' intendit, de gratia nostra speciali, ac ex certa scientia, & mer̄ motu nostris dedimus & concessimus, ac ꝑ pnsentes, p nobis, haered', & successoribus nostris damus & concedimus praefat' G. T. Militi, dno T. dicta officia Constabular & janitoris priedictor castrorum nostrorum de Rad. & Wig. ac dictum officium Seneschall' dicti dominij & manerij de R. ac dnij & manerij de W. dnij & manerij de M. dominij & manerij de E. dominij & manerij de R. dominij & manerij de C. T. dominij & manerij de P. dnij & manerij de N. dnij & manerij de G. dominij & manerij de K. ac dictum officium custod' parci de W. ac officium custod' eiusdem parci: Nec non dicti magistri de duct' ferarum dicti parci nostri de O. Ac ipsum. G. T. Militem dominum T. Constabular̄ & janitorem praedictorum castrorum nostrorum de R. & W. ac Senescallum dictorum dominiorum maneriorum & parcorum praedictor̄ ultime specificat, & eorum cuiuslibet facimus, ordinamus, & constituimus per praesentes. Habend', gaudend', occupand', & exercend', omnia & singula pndicta officia constabular & ianitoris pndictorum castrorum nostrorum, ac Senescallum dictorum dominiorum, maneriorum & parcorum pndictor̄ ultime specificat, & eorum cuiuslibet praefato G. T. Militi domino T. per se, vel per sufficient̄ deputatum suum, sive deputat' suos sufficientes immediate post mortem dicti praedilecti consiliarij & consanguinei nostri F. Comitis S. post interesse eiusdem Comitis, de, & in eisdem officijs pndict̄ ultim recitatis complet̄ & expirat: Et quam cito dicta officia, vel eorum aliquod ꝑ sursum redditionem, forisfactur̄, aut aliquo alio modo primo & ꝓxim̄ vacari contigerit, pro termino vitae dicti G. T. Milit domin' T. Percipiend annuatim, in, & pro exercitio & occupatione dicti officij ultim specificat separal' vadia, feoda, ꝓficua, regard ', commoditates, & āduantag' eisdem officijs, seu eorum alicui debit' & consuet̄, aut quovismodo spectant sive pertinent, in tam amplis modo & forma, ꝓut praedict' F. modo Comes Salop', aut aliquis alius, sive aliqui alij, in, & pro eisdem officijs, seu eorum aliquo habuit aut percepit, aut habuerunt & ꝑceperunt, ad festa P. & Sancti Mich. archangel', aequis portionibus annuatim per manus Receptor̄ come nostri March. pro tempore existent' soluend'. Ac etiam ex gratia nostra speciali, ac pro nobis, haered', & successoribus nostris predict' Reginae, damus & concedimus prefat' G. T. Militi domino T. praedict' offic' unius Camerariorum Receptorum Scaccarij nostri, sive officium Camerariorum de scaccario nostr' illud quod pndictus consiliarius nostr' F. Comes Salop' modo habet & occupat, una cum constitutione & ordinatione unius hostiar recept̄ predict' cum acciderit, & cum constitutionibus & ordinationibus omnium aliorum officiariorum & ministrorum eidem officio unius Camer̄ qualitercunque spectant sive pertinent. Ac ipsum G. T. Milit dominum T. unum Camerar̄ de receptis nostr' praedict', seu unum Camerar̄ de Scaccario nostro, facimus, ordinamus, & constituimus ꝑ pnsentes: Habend', gaudend, tenend', & occupand' officium predict' unius Camerariorum de recept̄ Scaccarij nostri pndicti, una cum constitut̄ & ordinationibus unius hostiariorum recept̄ praedict': Ac cum ordinationibus & nominationibus omnium aliorum officiariorum & ministrorum eidem officio qualitercunque spectant sive pertinent pfato G. T. Militi domino T. pierce, vel per sufficient̄ deputatum suum, sive deputat' suos sufficientes immediate post mortem dicti praedilecti consiliarij & consanguinei nostri F. Comitis S. vel post interesse eiusdem Comitis, de, & in eodem officio complet̄ & expirat: vel quam cito dictum officium ꝑ sursumredditionem, forisfactur̄, aut aliquo alio modo primo & ꝓxim̄ vacari contigerit, pro termin̄ vitae dicti G. T. Milit domin' T. una cum omnibus iuribus, commoditatibus, emolumentis, & ꝓficuis, & caeteris pertinent quibuscunque eidem officio quoquo modo spectant sive ꝑtinentibus debit' sive consuet̄. Habend' & percipiend' annuatim, in, & pro exercitio & occupatione dicti officij, omnia talia feoda & regard ' eidem officio quoquo modo incident̄, spectant siue pertinent, in tam amplis modo & forma, ꝓut consanguineus & consiliarius noster F. Comes S. aut aliquis alius, sive aliqui alij, in, & pro eodem officio ante hec tempora habuerunt & perceperunt, habuit aut percepit, absque aliquo compoto, seu aliquo alio nobis, hered', aut successoribus nostris pndictae Regine redd●nd' vel f●ci●nd'. Ac insuper noveritis nos ꝓ consideratione predict', de gratia nostr' speciali, ac ex certa scientia & mero motu nostris dedimus & concessimus, ac per pnsentes pro nobis, haered', & successoribus nostris pfatae Reginae damus & concedimus pfato G. T. Milit domino T. officium gardiani capitalis Iusticiar', ac Iustic' nostri itinerantis, omnium & singulorum forestarum, parcorum, chacearum, & warennarum nostrarum cum suis pertinentijs quibuscunque ultra Trentam existent, quae nobis & in iure Coronae nostre, aut ratione alicuius attinctur̄, eschaet, forisfacture, perquisitionis, excambij, seu quocunque alio modo pertinent aut spectant, seu imposterum ad manus nostras hered' aut successor' nostrorum dicte Regine devenire contigerint sive tontigerit. Ac ipsum G. T. Mili● dominum T. gardianum & capitalem Iustic' nostrum itinerant̄, omnium & singuloram forestarum, parcorum, chacearum, & warrennarum nostrarum praedictarum ultra Trentam praedictam existent facimus & ordinavimus & constituimus per praesentes: dantes & concedentes eidem G. T. Militi domino T. plenam potestatem & aucthoritatem tenore presentium, ad omnia & omnimod' placita, querelas, & causas forestartum, parcorum, chacearum, & warrennarum predict', tam de viridi granor̄, quam de venatione, ac de alijs causis quibuscunque infra easdem forestas, parcos, chaceas, & wa●ennas nostras evenientes sive emergent, audiend' & determinand'. Damus etiam ac ꝑ pnsentes pro consideratione praedicta, pro nobis, haered', & successoribus nostris praefatae Reginae, concedimus praefato G. T. Militi domino T. predict' offic' custod' & Magistri de duct' omnium & singular̄ ferar nostrarum infra praedict' forest', parcos, chaceas, & warrennas ultra Trentam predictam, & in eorum quemlibet & quamlibet existent & imposterum existent. Ac ipsum G. T. Militem dominum T. custod' & Magistrum de duct' omnium & singularum ferarum nostrarum infra easdem forestas, parcos, chaceas, & warrennas, & infra eorum quemlibet seu quamlibet, existent & imposterum existend' facimus, ordinamus, & constituimus per praesentes: Habend', gaudend', exercend', & occupand' praedictum officium gardianis & capitalis Iusticiar' itinerant̄, omnium & singulorum forestarum, parcorum, chacearum, & warrennarum praedictarum ultra Trentam pndictam. Necnon predict' officium custod' & Magistri de duct' omnium & singularum ferarum nostrarum infra easdem forestas, parcos, chaceas, & warrennas predict', & eorum quodlibet, cum omnibus iuribus, proficuis, commoditatibus, et advantagijs quibuscunque eisdem officijs & eorum utrique, vel alicui modo spectant, pertinent, inciden̄, vel incumben̄, immediate post mortem dicti predilecti Consiliarij & consanguinei F. Com̄ S. aut post interesse eiusdem Com̄, de, & in eisdem officijs ultim recitat, complet̄, & expirat, vel quam cito eadem praedict' separalia officia ultime specificat, vel eorum aliquod vel aliqua, per sursumred ditionem, vel forisfact', seu quocunque alio modo primo & prox. vacari contigerint vel contigerit pfato G. T. Militi domino T. pierce, vel per sufficient̄ deputat' suum, sive deputat' suos sufficient̄, ad terminum & pro termino vitae naturalis ipsius G. T. Militis domini T. Et ulterius sciatis quod nos de ampliori gratia, ac ex certa scientia & mero motu nostris dedimus & concessimus, ac per pnsentes pro nobis, haered', & successoribus nostris prefat' Regine, damus & concedimus pfato G. T. Militi dno T. pro exercitio & occupatione dictorum officiorum gardianis & capitalis Iustic' nostri Itinerant, omnium & singulorum praedictorum forestarum, parcorum, chacearum, & warrennatum ultra Trentan pndictam. Ac officium custod' & Magistri de duct̄ ferarum nostrarum infra eadem forestos, parcos, chaceas, & warennas, ac caeterorum praemissorum ultra Trentam pndictam quandam annuitatem sive annualem redditum centum librarum, legalis monet Ang. etc. Habend', tenend', & gaudend' eandem annuitatem sive annualem redditum pfato G. T. Militi domino T. durant vita sua, de Thesaurario nostro, haered' & successorum nostrorum praefatae Reginae, per manus Thesaurarij Camere nostre, haered' et successorum nostrorum praefate Reginae pro tempore existent, aut per manus custod' Thesauri nostri, hered', aut successorum nostrorum, aut per manus hmodi pson̄, sive illarum personarum, cui vel quibus nos, haered', aut successores nostri prefat' Reginae officium Thesaurarij predict', per nomen Thesaurarij, aut per aliud quodcunque nomen illud dare & concedere volumus, aut aliquis haered' vel successorum nostrorum dare & concedere volverit, ad festa Sancti Mich. archang', & Annunc' beate Marie virginis, ꝑ equales porciones annuatim soluend': primo termino solutionis inde incipient̄ad tale festum festorum pndictor̄ qd' primo acciderit post mortem dicti C. S. aut post sursumredditionem, vel forisfacturam officiorum suorum pndictorum ultime specificat, una cum omnibus alijs feodis, vadis, regard ', proficuis, commoditatibus, advantagijs, & emolumentis eisdem officijs, & corum cuilibet pertinentibus, spectant, debit', incident̄, siue consuet̄, in tam amplis modo & forma, prout A. B. aut aliquis alius, sive aliqui alij eadem officia, seu eorum aliquod vel aliqua habens sive occupans, habentes sive occupantes habuit aut percepit, habuerunt aut perceperunt pro eisdem & eorum quolibet, absque compoto, seu aliquo alio inde nobis, hered', seu successoribus nostris, dand', reddend', soluend', seu faciend'. Et ulterius damus & concedimus pro nobis, haered', & successoribus nostris prefat' Reginae per praesentes praefato G. T. Militi domino T. plenam potestatem & aucthoritatem faciend', nominand', constituend', deputand', & assignand', de tempore in tempus durant vita sua, omnes & singulos Subseneschallos, Officiarios, ac Clericos cur' Swanimotorun attachiament̄, ac omnes alios clericos & ministros in quibuscunque itineribus seu cur' nostris de statu ferarum, parcorum, chacearum, & warennarum predict', & eorum & earum cuiuslibet, tenend', occupand', & exercend', & eorum quemlibet, juxta discretionem eiusdem G. T. Militis domini T. amouend' & expellend', aliosqu\l = e'\ in sua vice, vel in suis vicibus de tempore in tempus locand', constituend', & ponend'. Volumus etiam & concedimus, quod virtute harum literarum nostrarum patentium, omnes hmodi Subseneschalli, Clerici, Officiarij, & Magistri, et eorum quilibet de tempore in tempus, habeat, percipiat, & gaudeat, habeant, percipiant, et gaudeant vadijs, feodis, proficuis, regardis, & advantagijs eye, & eorum cuilibet, pro exercitio sive occupatione officiorum suorum, vel eorum alicuius ab antiquo solut̄ & consuer̄. Ac etiam sciatis qd' nos de uberiori gratia nostra dedimus & concessimus ac per praesentes pro nobis, haered', & successoribus nostris praefat' Reginae, damus & concedimus prefato G. T. Militi domino T. plenam & legitimam potestatem & aucthoritatem, quod ipse per totam vitam suam pro certis finibus secum fiend', & ad opus nostrum leuand', licite valeat & possit de tempore in tempus cuicunque & quibuscunque subditis nostris licentiam dare specialem, quod ipsi & eorum quilibet licite facere valeant & valeat, quascunque copicias, omnimod' arborum, boscorum, & subboscorum nostrorum infra predict' forestas, parcos, chaceas, & warrennas, aut infra eorum aliquod crescent̄: Necnon dict' arbores, boscos, & subboscos in huiusmodi copicijs crescent̄ succidere, prosternere, & abinde cariari facere de tempore in tempus. Ita tamen quod succisiones, prostrationes, & abcariationes inde fiant temporibus anni congruis & opportunis, & non in mensibus vetitis, nec in exilium ferarum nostrarum ibidem moram facere, & manere consuet̄: Ac quod copicie huiusmodi concludantur, prout mos est secundum Assisam forest nostre & mensur̄ in eadem usitat. Concessimus etiam per presentes eidem G. T. Militi domino T. qd' dictae licentie per eundem G. T. Militem dominum T. modo & forma predict' imposterum cuicunque aut quibuscunque subditis nostris concedend', sint adeo efficaces & validae in lege, & tanti vigoris, ꝓut si concesse essent ꝑ nos, hered', & successores nostros sub magno sigillo Angliae extra Cancellar' nostram. Praecipimus etiam & damus per praesentes, universis & singulis Archiepiscopis, Episcopis, Ducibus, Comitibus, Baronibus, Iusticiar', Militibus, Vicecomitibus, Forestarijs, Viridarijs, Regardatoribus, Agistator̄, woodward ', & omnibus alijs Officiarijs & fidelibus nostris, tam infra libertates quam extra, tenore praesentium firmiter in mandatis, quod eidem G. T. Militi domino T. aut deputato sive deputatis suis, in omnibus & singulis premissis faciend' & exequend', attendentes, assistentes, consulentes, & auxiliantes sint in oibus prout decet. Eo quod expressa mentio de vero valore annuo, aut de certitudine praemissorum sive eorum alicuius, aut de alijs donis sive concessionibus per nos, vel per aliquem progenitorum nostrorum dicte Reginae praefato G. T. Militi domino T. ante hec tempora fact' in presentibus minime fact' existit, aut aliquo statuto, actu, ordinatione, prouisione, siue restrictione inde in contrarium fact', edit', ordinat, sive provisis, aut aliqua alia re, causa, vel materia quacunque in aliquo non obstante. In cuius rei testimonium has literas nostras fieri fecimus patentes. Testibus nobis ipsis apud Westmonasterium etc. ¶ A grant of the Earl Marshal's office and honour, with an Annuity. ELizabeth Dei gratia Anglie etc. Omnibus ad quos praesentes litere Sect. 351. pervenerint, salutem. Inspeximus irrotulamentum q●arundam literarum patentium, geren̄ dat' apud Westmonast. secundo die lanuarij, anno regni xv. praechatissimo consanguineo & Consiliar̄ nostro G. Comiti Salop' fact̄, & in rotulis Cancellar' nostrae irrotulat, in quo continetur ut sequitur. Regina omnibus ad quos etc. Sciatis quod nos bona laudabil' & acceptabilia seruitia & obsequia que praecharissimus consanguineus & Cons●liar̄ nostr' G. Comes S. nobis ante hec tempora multipliciter & diversimodo impendit, in diesque impendere non desistit intimo merito contemplantes, de gratia nostra speciali, & ex certa scientia & mero motu nostris dedimus & concessimus, ac per praesentes pro nobis, haered', & successoribus nostris damus & concedimus eidem Comiti S. officium Comitis Marischall' Angliae: Ac ipsum Comitem Salop' Comit̄ Marischall' Angl' creamus, ordinamus, & constituimus per praesentes, Et ei nomen, stylum, titulum, statum, aucthoritatem, & honorem Comit̄ Marischall' Angl', una cum omnibus & singulis suis officijs, commoditatibus, emolument̄, preheminenc', nominationibus, officijs, & alijs suis pertinentijs quibuscunque, tam in curijs nostris quam alibi, eidem officio Comit̄ Mar●schall' Angliae qualitercunque spectant, sive de iure ab antiquo pertinent', per p̄s●̄tes damus & concedimus: Ac in eodem officio ac cet●ris premissis eidem officio (ut premitticur) pertinent' ipsum Comitem Salop' investimus & corroboramus, in tam amplis modo, potestate, & aucthoritate, ꝓut T. Dux Norff. nuper de alta proditione attinct', per quam attinctur̄ predictum officium & dispos●tio eiusdem ad manus nostras devenit, & in manibus nostris iam existit: Ac in tam amplis, modo, potestate, & aucthoritate, prout T. Dux Norff. dum vixit, aws dicti nuper Ducis, aut E. nuper Dux Somers. aut I M. quondam Dux Norff. vel aliquis alius Comes Marischallus Angl' ante hec tempora ossicium illud habens sive exercens, habuit sive exercuit. Habend', tenend', exercend', & occupand' praedictum officium, ac omnia & singula aucthoritar̄, ●●risdictiones, commoditates, & caetera praemissa quaecunque eidem officio qualitercunque pertinentia, sive de iure spectant eidem Comiti Salop' pro termino vitae sue, per se, vel per sufficient̄ deputatum suum, aut per sufficientes deputatos suo●, absque compoto vel aliquo alio nobis, haeredibus, vel successoribus nostris pro officio praedicto & caeteris premissis, seu eorum aliquo quovismodo reddend', soluend', vel faciend'. Damus etiam ac per praesentes, pro nobis, haered', & successoribus nostris concedimus praefat' Comiti Salop', quod ipse & quilibet deputatus saus ratione di●ti officij habeat, gerat, & deferat, tam in praesentia nostra, haered', & successorum nostrorum, quam in absentia nostra, heredum & successorum nostrorum quendam baculum aureum ad utrumque sinem de nigro annulat & cum signo armorum nostrorum, & heredum & successorum nostrorum in superiore fine dicti bac●li, & cum s●gno armorum dicti Comitis Salopie in inferiori fine eiusdem baculi sculpt̄ & ornat licite & impune, absque impetitione nostra, heredum & successorum nostrorum, vel Iusticiar' aut officiar, seu aliorum ministrorum nostrorum quorumcunque, haeredum vel successorum nostrorum. Et quod idem Comes Salop', ut Comes Marischallus Anglie juxta nominis sui decentiam hac praesenti charta nostra confirmationis possit honorificentius se habere, dedimus & concessimus, ac per praesentes pro nobis, haeredibus, & successoribus nostris damus' & concedimus, ac hac praesenti charta nostra confirmationis praefat' Comiti Salop', pro statu Comitis Mareschall' Angl' manutenend' quendam annualem redditum viginti librarum. Habend', & annuatim percipiend' dict' annual' redit' xx. l●br̄ prefat' Comiti Salop' pro ●ermino vite sue praedict', de exitibus, proficuis, & reventionibus hanaperij cancellar̄ nostrae, heredum & successorum nostrorum, prouenient sive crescent, per manus custod' sive Clerici eiusdem hanaperij, aut aliorum occupatorum, receptorum, sive perceptorum proficuorum & exituum eiusdem hanaperij pro tempore existent, ad festum Sancti Michaelis archangeli, & Paschae, per aequales porciones soluend', absque compoto, seu aliquo alio onere nobis, haeredib●s, vel successoribus nostris pro praemissis, vel aliquo praemissorum quovismodo reddend, soluend', vel faciend'. Eo quod expressa etc. In cuius rei etc. Teste Reg. apud Westmonaster etc. per breve de privato sigillo. Nos autem tenorem irrotulament̄ literarum patentium praedictarum, ad requisitionem praefat' G. Comitis Salopiae duximus exemplificand' per presentes. In cuius rei etc. Teste meipsa apud Westmonaster' quinto die M. anno regni nostri xxxiiij. ¶ A grant for life without impeachment of waist. SCiant etc. quod ego T. G. de N. generosus, ꝓ certis bonis & rationabilibus Sect. 352. causis & considerationibus me specialiter moventibus, dedi, concessi, & per hanc chartam meam indent̄ confirmavi B. S. viduae, totum illud capitale mesuagium meum cum pertinentijs in T. juxta N. in comitatu N. Habend' etc. praedict' etc. praefato B. S. & assign' suis, pro termino vitae ipsius B. ad solum opus & usum eiusdem B. etc. pro termino vitae sue, absque impetitione alicuius vasti. Ita quod immediate post mortem eiusdem B. praedict' mesuagium etc. integre revertant mihi praefat' T. G. & haered' meis imperpetuum. Tenend' de capitalibus dnis feodi etc. In cuius etc. ¶ A grant of a Mesuage for life. SCiant praesentes & futuri, quod ego Walterus H. de Waitam etc. Sect. 353. R. L. etc. unum mesuagium cum curtilagio & crofto adjacent etc. Habend' pndict̄ mesuag' etc. praefat' R. ad termin vitae sue de me, & haered' meis, absque impetitione vasti: Reddend' inde annuatim mihi & haered' meis unam Rosam rubeam (si petatur) ad festum S. joh. Bap. etc. Et faciendo sectam curiae mee de W. de tribus septimanis in tres, pro omnibus alijs seruicijs, exactionibus, & demand', toties quoties dict' curia mea teneri contigerit. Et post decessun praedict' R. tunc praedict' mesuag' etc. ut supra. Et ego vero prefat' W. & haered' mei, pndict̄ mesuag' cum curtilagio etc. prefat' R. add termin vite suae per seruic' superius dicta & expressa, contra omnes gentes warrantizab. tuebimur, & defendemus per praesentes. In cuius rei etc. ¶ The collation of a Free Chapel. R Ex etc. ut supra 327. a. liberam Capellam sancti S. apud L. in comitat ' Sect. 354. Linc'. Habend' etc. praef. A. B. durant vita ipsius, cum omnibus suis iuribus & pertinent universis etc. In cuius etc. ¶ A grant for lives. THis Indenture etc. Betwixt I C. and F. C. and A. his wife, Witnesseth Sect. 355. that the said I. in accomplishment of a covenant & grant contained in a pair of Indentures bearing date etc. made betwixt R. C. on th'one party, & the same I. C. on tother party, Hath demised and granted, and by these presents doth demise and grant unto the said F. and A. all that the Manor of F. with thappurtenances in the said County, and all and singular his lands, tenements, and heredi●aments with thappurtenances in F. and B. in the said County, The villeins regardant to the said Manor, and all and singular the bondayes and works of the tenants & farmers there, for the carriage of coals, always foreprised, excepted, and reserved unto the said I. C. his heirs and assigns. To have and to hold the said Manor of F. and all and singular other the premises (except before excepted) to the said F. and A. for, and during the natural lives of the said F. and A. and the longer liver of them. Yielding and paying therefore yearly during the natural life of the said I C. unto the said I. C. and his assigns xx. li. of lawful English money, at the feast of etc. And if it happen the said yearly rend, or any part thereof to be behind & not paid by the space of xl. days after either of the said feasts, in which it aught to be paid, and the same being lawfully demanded: That then and from thenceforth it shall be lawful for the said I C. and his assigns to enter into the premises, and not only to distrain for the said rend and every part thereof, so being arrere and unpaied, but also for the sum of five pounds of lawful English money in nomine paene, which they the said F. and A. granteth to pay to the said I. C. and his assigns so often as the same yearly rend of xx. li. or any part thereof so shall be arrere and not paid by the space of forty days after the feast or feasts, at which it aught to be paid. And the said F. and A. do covenant for them etc. that the said F. and A. and the longer liver of them, shall during the said term of their lives, and the longer liver of them, uphold, repair, and maintain the premises in all manner of charges. And also shall uphold, repair, and maintain the bank and seadicke in such manner and form, as the said I. C. his heirs and assigns aught to have done, if these presents had never been had or made. In witness etc. ¶ The King's collation of a Prebend made causa permutationis. HEnricus etc. Sciatis quod cum A. B. Rector ecclesie parochial ' Sect. 356. de W. N. diocesis, & C. D. Canonicus in Ecclesia Cathedrali sancti P. L. diocesis, ac praebendarius praebendae de H. in eadem Ecclesia, intendunt (ut asserunt) beneficia sua pred' adinuicem permutare: Nos prae bendam predictam ad nostram donationem spectantem ratione temporalium Episcopatus Londinensis in manu nostra in praesenti existentium, praefat' A. ex causa huiusmodi permutationis, dedimus & concessimus, ac per praesentes damus & concedimus &c. Habendum etc. ¶ A grant of a Parsonage by the King in pure alms. REx etc. (ut supra 327. a.) dilectis nobis in Xpo Decan & Canonicis Sect. 357. libere Capellae nostr' Reg. S. Georg' infra castrum nostrum de W. aduocation & patronat vicar̄ Ecclesie de N. in Com̄ H. Habend' etc. praefat' Decan, Canonicis, & successoribus suis imperpetuum in puram & perpetuam eleemosynam, absque aliquo impedimento, impetitione, perturbatione, molestatione inquietation̄, seu gravamine nostro, seu haered' nostrorum, Iustic', Eschaetor̄, Vicec', Coron, aut aliorum balliuorum, seu ministror nostrorum, vel haeredum nostrorum quorumcumque, absque apporto, firm̄, compoto, vel ratiocinio, aut alio proficuo quocunque nobis vel haered' nostris inde reddendo, soluendo, seu faciendo: Statut de terris & tenementis ad manum mortuam non ponendis aedito, aut aliquo sta●uto de possessionibus alienigen̄ fact', aedito, sive, ꝓuiso, in contrar non obstante. (b) Aut eo quod expressa mentio de vero valore annuo, aut de certitudine p̄missorā seu alicuius corundem, aut de alijs donis sive concessionibus pref. Canonicis vel praedecessoribus suis, per nos, vel progenitores nros ante haec tempora factis, in presentibus minime fact' existit. (c) Aut aliquo statuto, actu, ordinatione, usu, constitutione, ordinac', restrictione, siue ꝓuisione, edit', fact', ꝓuisis, seu ordinatis, aut aliqua alia re, causa, vel materia quacunque in contrarium non obstante. In cuius rei etc. ¶ A grant of a Prebend voided by promotion. REx etc. ac intuitu charitatis, dedisse etc. dilecto scholari nostro Sect. 358. I L. Canonicatum in Ecclesia nostra Cathedral' Sarum, & praebendam de H. in eodem, modo per promotionem dilecti nobis in Christo R. T. dudum ac ultimi Incumbentis eorundem ad Episcopatum N. vacantem, & ad nostram donationem ratione ac in iure prerogative nostr' Regie spectantem. Habend' & tenend' Canonicatum & pmbendam praedictam, prefat' I. ad terminum vitae ipsius I. una cum omnibus & omnimodis iuribus, praeheminentijs, & pertin' universis. In cuius etc. ¶ A grant of a Warren. REx etc. ut supra 327. a. dilecto ac fideli nostro T. M. Militi, quod Sect. 359. ipse & haered' sui imperpetuum habeant liberam warrennam in o●bus dominicis terr' suis de N. in come E. dum tamen terrae illae non sint infra meta; forestae nostr', ita qd' nullus intret terras illas ad fugandum in eis, vel aliquid capiend' quae ad warrennam pe●tineat, sine licentia & voluntate ipsius E. vel haered' svorum, sub fo●isfactura nobis decem librarum. Quare volumus & firmiter praecipimus ꝓ nobis & haered●bus n●is, qd' ipse & haeredes sui imperpetuum habeant liberam warrennam in oibus dominicis terris suis de N. praedict' dum tamen terre illae non sint infra metas forestae nostrae. Ita ꝙ n●llus intret terras illas ad fugandum in eis, vel aliquid capiendum quod ad warrennam ꝑtineat, sine licentia & voluntat ipsius T. & haered suor̄, sub forisfactura nobis x. librarum, sicut predictum est. His testibus etc. ¶ The grant of a Prebend in a College. HEnricus etc. Dilectis nobis I O. Decano collegij nostri Oxoniensis Sect. 360. vulgariter nuncupati (King Henry the eights College) ac eiusdem Collegij canonicis, salutem. Sciatis etc. (ut supra 327.) dilecto Capellano nostro J. B. sacrae Theologi● professori, canonicatum sive praebendam in Collegio nostro pndicto, modo per mortem I H. ultimi incumbentis ibidem vacantem, atque ad donationem nostram pleno iure attinentem. Habendum etc. una cum hospicio quod idem I H. ratione dicti canonicatus sive praebēde nu ꝑ possidebat. Vobis igitur coniunctim & divisim committimus, & strict mandamus quatenus pref. I B. ad dictum canonicatum sive praebendam, statim (his literis nostris inspectis) admittatis, necnon eundem in realem & corporalem possession dicti canonicatus sive praebendae iuriumque & ꝑtinent̄ svorum universorum inducatis ꝓut decet. In cuius rei etc. ¶ A grant of a Fair. REx etc. Sciatis quod nos ob singularem affectionem & intimam Sect. 361. dilectionem, quas penes Reueren dissimum in Christo patrem I. Archiepiscopum Cantuarien̄ Cancellarium nostrum gerimus & habemus, de gratia etc. concessimus, & hac praesenti charta nostra confirmavimus pro nobis & haered' nostris praef. Archiepo, quod ipse & successores sui in ꝑpetuum habeant unam feriam sive nundinas apud villamsuam de S. in come K. in quodam loco in communia ville pndict̄ vocat' le Vine, ecclesiae Christi Cantuariensi pertinent, singulis ann ꝑ tres dies duratur, viz. in vigilia, in die, & crastino translationis sancti N. viz. nono die Maij, cum oimbus libertatibus & liberis consuetudinibus ad huiusmodi feriam sive nundinas pertinent', dum tamen ferie sive nundine ille non sint ad nocument̄ vicinar' feriarum sive nundinarum. Quare volumus etc. (ut supra 359. b.) quod praedict' Archiepiscopus & successores sui imperpetuum habeant & teneant feriam sive nundinas praedict' apud praedict' villam de S. in praed' loco communi villae praedict' vo●at̄ ●e vine, singulis ann per tres dies duratur, videlicet, in vigilia, in die, & in crastino translationis sancti N. dict' nono die Maij, cum omnibus libertatibus & liberis consuetudinibus ad huiusmodi feriam sive nundinas pertinentibus, dum tamen feriae sive nundin̄ illae non sint ad nocumentum vicinar̄ feriar sive nundmarū sicut praedictum est. His testibus etc. ¶ A Lease to a spiritual person, with dispensation of the Statute 21. H. S. R Ex etc. Sciatis quod nos etc. R. F. clerico, maneria, dominia, & Sect. 362. tenementa nostra de N. etc. Ac omnia & singula aedificia, domos, gardina, terras, tennta, prata, pascua, pasturas, boscos, subboscos, ac reditus & seruicia omnium & singulorum tenent, tam liberorum quam nativorum, ac tenntium per copias Rotulorum curiae, & caeterorum tenentium customariorum, & tenentium ad terminum vitae, vel ad terminos annor, ac omnes & singulos redditus & firmas super quibuscunque dimissionibus, concessionibus, sive traditionibus de praemissis, vel eorum aliquibus factis quovismodo reseruatos. Et insuper reversiones, faeoda Militum, wardas, maritag', curias, leetas, visus franc', & omnia quae ad visum francipleg' pertinent, fines, amerciamenta, exitus, ꝓficua, warrenas, aquas, piscarias, libertates, franchesias, commoditates, emolumenta, & haereditamenta nostra quaecunque cum suis pertinentijs dictis manijs, dominijs, & tenement' de N. etc. & eorum cuilibet sive eorum alicui pertinent sive spectant, parcell' aut parcell' eorundem, aut eorum alicuius existent, aut fore reputat. Et ulterius etc. Rectorian nostr' Ecclesiae parochial' de N. etc. Habend' et tenend' oina & singula predict' maneria etc. pfato R. & assignatis suis, pro termino et ad terminum vitae ipsius R. Tenendum de nobis etc. per etc. pro omnibus seruic', redditibus, et demandis quibuscunque etc. Ac insuper de gratia nostra praedict', volumus, & per praesentes pro nobis, haeredibus, et successoribus nostris licentiam, facultatemque s●ecialem praefat' R. damus & concedimus, quod idem R. & assignati evis, omnia & singula predict' maneria etc. & caetera praemissa cum suis pertinentijs, virtute & vigore harum literarum patentium habere, gaude●e, & tenete possint & valeat ꝓ term' vitae ipsius R. erga nos, haeredes & successor' nr̄os: quodam statuto in anno vicesimo primo regni nostri aedito, spirituales seu ecclesiasticas personas concernente atque spectant: per quod quidem statutum ordinatum & stabilitum existit inter alia, quod null' spiritualis seu ecclesiastica persona secularis vel regularis cuiuscunque gradus existit, deinceps ad firmam recipere possit sibi vel alicui personae vel aliquibus personis ad eius usum, ex dimissione seu concessione nostra aut alicuius sive aliquarum aliarum personarum per literas patentes, indenturas, scripta, verba, vel quocunque alio modo, aliqua maneria, terras, tenementa, seu alia haereditamenta ad terminum vitae, annorum, vel ad voluntataem, sub paena in eodem actu expressa, non obstante: Ac quod idem R. & assignati sui, omnia & singula maneria praedict', fundos, terras, tenementa, caeteraque praemiss. universa habere, tenere, & occupare possit & valeat pro termin̄ vitae ipsius R. absque aliquibus primis fructibus pro praemissis, seu aliqua inde parcell' nobis, haered', vel successoribus nostris pro eisdem reddendis seu faciendis: aliquo flatuto etc. ut supra 357. c. ¶ The gift of a Stewardship and Constable, and Master of Forest. REx etc. Sciatis quod nos considerantes fidelitatem & industriam Sect. 363. praedilecti & fidelis consanguinei nostri R. etc. ex gratia etc. concessimus pfato G. officia Seneschalli sive Senescalciae Honoris nostri de N in Com̄ D. & S. Nec non castr̄, villae, dominij, & manerij novi Castri super Tinam, dominiorum & maneriorum de W. & A. ac omnium aliorum castrorum, dominiorum, maneriorum, terrarum, & tenementorum nostror in eisdem comit' cum pertinentijs, parcel Ducatus nostri Lanc': ac eundem G. Seneschallum omnium officiorum praed' per praesentes ordinavimus, fecimus, & constituimus. Ac etiam concessimus eidem G. officium Constabularij castri nostri de T. M. & P. magistrum Forestarum chaciae nostr' de R ac Balliwm novae libertatis nostrae in Comit̄ predict'. Nec non Magistrum de ductu ferarum omnium forestarum, chacearum, parcorum, boscorum, & warrennarum in Com̄ predict'. Ac etiam concessimus eidem G. plenariam aucthoritatem & potestatem ad faciendum nominandum & assignandum de tempore in tempus, omnes & omnimodos forestarios & custodes dictarum forestarum, ferarum, chacearum, parcotum, & warrennarum: Ac insuper dedimus & concessimus eidem G. officium Magistri capitalis seneschalli honoris praed', ac caeterorum praemissorum omnium cum pertin'. Habend', occupand', & exercend', oina pndicta officia & eorum quaelibet una cum authoritate & potestate praedict' praefat' G. pierce vel ꝑ suos sufficientes deputatos aut deputatum suum, pro termino vitae ipsius G. percipiend' annuatim, in, & pro officijs praedict' & eorum quolibet centum libr' etc. una cum feodo & vadio ab antiquo debito & consueto, tam eisdem officijs et eorum cuilibet, quam omnibus alijs officijs occupand', per officiar fiend' & nominand' per prefat' G. aucthoritate & potestate supradict', & de exitibus. ꝓficuis, & reventionibus Honoris praed', et caeterorum praemissorum, et eorum cuiuslibet prouenient̄ sive crescent̄, ꝑ manus firmarior, tenentium, receptor̄, seu alior officiar & occupator eiusdem pro tempore existent', ad etc. una cum omnibus & omnimodis alijs feodis, proficuis, commoditatibus, libertatibus, et emolumentis quibuscunque officijs pndict̄, et eorum cuilibet qualitercumque pertin', in tam amplis modo & forma, put aliqui alij, sive aliquis alius officia pred', seu eorum aliquod ante haec tempora habuerunt sive hab●it, occupaverunt vel occupavit ac in eisdem et in eorum quolibet ꝑceperunt sive percipere debuerunt vel debuit. Eo qd' expressa mentio de vero annuo valore etc. As you see above Sect' 357. b. ¶ A grant of a Stewardship and Surueyorship. PRaenobilis G. Comes S. dominus Talbot, dns Farnyval, Verdon, Sect. 364. & Strange de Blakmere, dns Lyfftoft etc. Omnibus ad quos hoc presens scriptum pervenerit, salutem. Sciatis me praefat' Comitem, tam pro syncero amore & benevolentia qua iamdudum affectus sum erga W. W. de R. in Com̄ Ebor' generos. de cuius provida circumspectione, pia sedulitate, ac singulari in hac part prudentia merito plurim confido, quam ꝓ summa illius tum in me, tum in illustrissimun G. nuper Comitem S. praeclarissimum patrem meum obseruantia fide studio officio & pietate, ex mera & spontanea voluntate mea dedisse et ꝑ praesentes concessisse eid' W. W. officium Seneschall' sive Senescalciam omnium & singul' domin', manner, et haereditament meor quorumcunque in separal' comitatibus E. D. N. H. et B. & custodian sive officium tenendi omnes & omnimodas Cur' baron, letar, vis. franc' pleg', dominior et maneriorun praed' & eorum cuiuslibet, ac gubernationem et superuisionem eorund●̄. Ac ipsum W. W. generalem ac capital' Seneschallum ac su ꝑuisorem meum omnium curiar, dniorun, maneriorun, & hereditamētor' meor pnd', facio, constituo, & ordino ꝑ pnsentes. Habend', tenend', gaudend', exercend', & occupand' officia predict' come pertinent, una cum omnibus & singulis feodis, vadijs, regardis, ꝓficuis, preheminentijs, et advantagijs eisd' officijs spectant sive pertin' pref. W. W. per se, vel ꝑ sufficientem deputat' suum, sive sufficientes deputat' suos, vel ꝑ sufficient deputatum sive deputatos deputati sive deputator svorum ꝓ quorum factis mihi respondere velit a dat' present, durant etc. Mando insuper universis & singulis ballivis, praeposit, firmarijs, tenentibus, & occupatoribus meis praemissor & eor cuilibet, qd' pref. W. W. & deputatis suis praedict' in hac part de tempore in tempus assistentes sint obedientes & auxiliantes in oimbus, prout decet durant̄ termino predict'. In cuius rei testimon̄ huic pnsenti scripto meo sigillum meum apposui. Dat' vicesimo tertio die D. anno regni dne nostre Eliz. dei gratia, Angl', Franc' & Hibern Reginae fidei defensoris etc. tricesimo tertio 1592. ¶ A grant of an Idiot or Lunatic. REx etc. Sciatis quod cum T. P. filius & haeres H. P. nuper de E. in Sect. 365. come F. fatuus & Idiot existit a nativitate sua, & ea ratione sui ipsius ac terr', tenntorum, bonorum, & catallor svorum regimine vacat & caret, prout coram nobis per testimonium fide dignorum probat existit. Nos vero ex etc. volentes eidem T. de vitae necessarijs & corporis suis custod' secur providere: Dedimus & concessimus, ac per praesentes damus & concedimus dilecto nobis in Christo H. I. militi pro corpore nostro custodian ipnsius T. ac omnium terrarum & tenementorum reddituum & seruitiorum cum pertinentijs, quae nu ꝑ fuerunt praedict' H. P. & quae tam ꝑ finem post mortem eiusdem H. quam ratione fatuitatis & Ideotatis dicti T. ad manus nostras devenerunt, seu devenire debuerunt aut debent. Habend', gaudend', tenend', & occupand' custodiam corporis dicti T. ac omnium maneriorum, terrarum, tenntorum, & aliorum praemissorum etc. praef. I. H. haered' & assignat' suis pro termino vitae natural' dict' T. B. absque aliquo compoto seu aliquo alio nobis vel haered' nostris inde reddend' vel faciend'. Proviso semper qd' dict' H. I haered' & assignati sui de exitibus maneriorun, terrarum, ten̄torum, & caeterorun praemissorum, inveniant praed' T. victualia, & omnia vitae suae necessaria, prout decet in tali casu, & quod terra & tennta &c. praed' manuteneantur sine vasto vel destruction. Eo quod expressa mentio de vero annuo valour etc. ut supra 357. b. ¶ A grant of the office of one of the Auditors of the Exchequer. REx etc. ut supra 327. a. In consideratione boni & fidelis seruit qd ' Sect. 366. dilect' seruiens noster G. D. nobis impendit, & imposterum impendet, dedimus & concessimus, ac ꝑ pnsentes damus & concedimus eidem C. officium unius Auditorum Scaccarij nostri, quod R. S. nuper habuit & occupanit, & in manibus nostris nunc existit. Habend' & tenend' praed officium praef. G. quamdiu se bene gesserit in eodem, per se vel ꝑ sufficientem deputat' suum, cum feod' & vad' eidem officio ab antiquo debit' & consuetis, una cum alijs proficuis, commoditat & advantagijs eidem officio pertinentibus sive spectant, in tam amplis modo & forma, prout H. P. aut R. S. sive aliquis alius, sive aliqui alij ante haec tempora habuit, percepit, habuerunt seu perceperunt. Eo quod expressa mentio etc. ut supra 357. b. ¶ A grant of an Auditorship. OMnibus etc. S. Episcopus W. Sciatis nos fecisse, ordinasse, constituisse Sect. 367. & assignasse R. R. Auditor nostrum ad omnia & singula cōpot̄ omnium receptorun & praepositor Ballivorum firmariorun & aliorum quorumcunque ministrorum omnium & singulorum dominior, maneriorum, terrarum & tenementor nobis computabil' exisient infra regnum Angliae, audiend' & terminand': Nec non ad oina & singula quae natura compot̄ exigit & requirit faciend' & exequend'. Habend', tenend', exercendum, & occupandum officium praedict' ꝓ termino vitae suae, per se vel per deputatum suum: percipiend' de nobis & successoribus nostris pro pndicto officio exercend', occupand', & exequend', pro feodo suo annuatim quinque libras, & pro papiro etc. pro totulis compotor superscrib. decem solidos de exit, proficuis & revent dominiorum, maneriorum, terrarum, & tenementor nostrorum pndictorum per manus recept, ballivorum, praepositorum, & firmariorum nostrorum pro te\l = m'\pore existent'. Et etiam damus & concedimus per praesentes praef. R. R. seu eius in hac part deputat' qui m huiusmodi officio suo exercendo occupat fuerit in eund', equitand', sive redeundo, viz. quovis die decem denarios pro seipso, ac pro quolibet seruiente ipsius R. seu eius deputat' per diem decem denarios, mandantes firmiter omnibus & singulis officiarijs & ministris nostris praedictis, quod etc. ut supra 364. c. ¶ A grant of the keeping of an Idiot with his lands etc. THis Indenture made etc. Between the right honourable Sir W. Sect. 368: C. Knight Lord B. Lord Treasurer of England, & Master of the Queen's majesties Court of Wards and Liveries, and R. K. esquire Surveyor of the same Liveries, for and in the name and behalf of our said Sovereign Lady the Queen on th'one party, and G. P. brother and next heir of I. P. Idiot deceased on the other party, Witnesseth, that where our said sovereign Lady is agreed to grant unto the said G. an Ouster le main to be had, of, & in certain lands and tenements holden of our said sovereign Lady the Q. as of her grace's castle of T. parcel of her D. of L. by fealty and rent, which to the said G. descended & came in use, possession or reversion from the said I. P. as brother & heir of the said I P. Idiot, as in the said Ouster le main more plainly is contained Yet for that our said sovereign Lady should not be deceived, but that her grace should have perfect knowledge and understanding of the true value of the said lands and tenements, & all other hereditaments: The said G. hath delivered the day of the date hereof unto the said W. Lord B. Lord Treasurer of E. and R. K. a writing in parchment indented hereunto annexed, wherein be contained and specified all the lands and tenements, and the true yearly value of the same which the said G. willeth and intendeth to have or shall have out of the Queen's majesties hands or possession by the said Ouster le main. And over that, the said G. P. covenanteth etc. to, and with etc. that one Auditor or Auditors by our said Sovereign Lady to be assigned, or any Auditor of the Queen's majesties Court of Wards, and liveries for the time being, shall at the costs and charges of the said G. and at such time as it shall please our said Sovereign Lady, her heirs and successors kings of this Realm to appoint by the said Master of her highness Court of Wards and Liveries, and surveyor of the same Liveries for the time being, or otherwise to search, survey, and view aswell the true value as the tenure and tenors of the same: upon which search and view, if it can be proved that any manors, lands, tenements, and other hereditaments, whereof the said G. or any other person or persons for him, in his name, or by his consent taketh or hereafter shall or may lawfully take any advantage, benefit, profit or commodity, by reason or means of the said Ouster le main, be holden of our said sovereign Lady by knight's service, in chief, or otherwise in socage in chief, and be of more better and larger yearly value, then in the same writing is contained: Than our said Sovereign Lady shall be by the said G. P. his etc. truly answered and satisfied as well for the tenure as for the yearly value, of all such lands and tenements, as shall happen to be under valued and omitted out of the same writing. And also for the concealment and offence in that behalf, the said G. shall content and pay unto our said Sovereign Lady into her grace's Court of Wards & Liveries, the double of one years value of all the lands and tenements so omitted or underualued. And also our said Sovereign Lady shall and may perceive and take the whole issues and profits of the lands & tenements so omitted or underualued, until the said G. or his assigns shall have agreed, to and with the said W. Lord B. etc. and R. K. etc. or other the Master of the Queen's Court of Wards and Liveries and surveyor of the same Liveries for the time being, for the said value and overplus of the lands, tenements, and hereditaments so omitted or undervalved, and shall find sufficient sureties, for the payment thereof to the Queen's majesties use. And also all such other sums of money as by the agreement of the said Master of the Queen's Court of Wards and Liveries and Surveyor of the same Liveries shall be taxed, assigned or appointed: any thing herein contained to the contrary notwithstanding. In witness whereof to the one part of these Indentures remaining to and with the said G. The said W. etc. and R. K. have set their hands & seals: And to the other part of these Indentures remaining to the Queen's majesties use in the said Court of Wards and Liveries, the said G. P. hath set his hand and seal die & anno suprascriptis. ¶ Valour siue extentus annui valoris omnium & singulorum manerior, terrar, tenementor & caeteror haereditamentor quorum cunque nuper I P. fatui & Idiot defunct', & in custodia dnae Eliz. nunc Reginae ratione fatuitat suae tempore mortis sue & quae per sive post mortem eiusdem I. cuidam G. P. fratri & haered' suo descenderunt & descendere debent, in usu, possessione, & reversione. Qui quidem I P. obijt etc. dicto G. adtunc plenae aetatis, scilicet xxj. annorum, decimo nono etc. prout per inquisitionem inde capt' apud N. in comitatu N. primo die etc. plenius poteritapparere. Et modo videlicet ultimo die N. anno etc. idem G. P. venit ad prosequend' suum Ouster le main extra manus dictae dominae Reg. de omnibus praemissis subscript, secundum communes leges huius Regni Angl'. come Nott ' Manerium de H. cum pertin' & alia terr', tenementa, haereditament in H. & C. cum pertin', tenent de Archiepiscopo Ebor', ut de manerio suo de G. in dicto comitat' N. in socagio, per fidelitatem & reddit' xx. s. iiij. d per annum ꝓ omnibus seruitijs valent clare per annum. seven. li. v. s. ¶ A grant of the tuition and government of a Lunatic. THis Indenture made between the most excellent Princes, and Sect. 369. our most dread Sovereign Lady Elizabeth by the grace of GOD Queen etc. on the one party, and W. G. gentleman on the other party, Witnesseth, That where our said Sovereign Lady, with the advise of the Master & Counsel of her grace's Court of Wards & Liveries, is contented & pleased to grant, and by these presents doth commit & grant unto the said W. G. the custody, rule, order, & tuition of W. R. being a fool natural, and Lunatic, not able to govern himself, his messages, lands, tenements, goods, nor cattles, as by an office thereof found at C. in the county C the xxvi. day of Octob. in the xviii. year of our Sovereign etc. more at large appeareth. And whereas also our said Sovereign Lady hath covenanted & granted, and by these presents covenanteth and granteth unto the said W. G. aswell the custody, rule, order, occupation, disposition, & receipt, of all the messages, lands, tenements, and hereditaments, and of the rents, revenues, issues, & profits thereof, which the said W. R. or any other person or persons to his use, now hath, or aught to have in possession or reversion, or which by any lawful ways or means, may or aught to come, descend, or grow unto the said W. R. And also the custody, rule, order, & receipt of all the goods, cattles, farms, stocks, stores, plate, money, debts, jewels, wares, merchandises, & other commodities & profits, whatsoever to the said W. R. in any wise belonging or appertaining, and the use & merchandizing of the same, to the behoof, profit, & commodity of the said W. R. and the relief & sustentation and finding of his wife, children, and family, if any be, & also for the preservation, safeguard, and reparations of the said messages, lands, tenements, houses, farms, household stuff, ready money, & other commodities, during the licence of the said W. R. The said W. G. for for the better and more true administration, accomplishment, & performance of the conditions and duties by order of law incident and belonging to the said custody, hath delivered a writing indented, hereunto annexed, in which been contained & specified all the messages, lands, tenements, rents, reversions, & the particular values of them, and every of them, and also all the farms, stocks, wares, goods, cattles, money, plate, jewels, household stuff, implements, debts, and other commodities, duties, and profits whatsoever to the said W. R. now appertaining or belonging, or which in any wise aught of right to appertain or belong to him: which writing indented, the said W. G. covenanteth to be true and a perfect declaration of all the messages, lands, tenements, rents, riversions, services, hereditaments, farms, stocks, wares, goods, cattles, ready money, & other the premises without omission of them, or any of them. And the said W. G. covenanteth and granteth for him and his assigns by these presents, that the rents, revenues, issues, profits, and increase of the said messages, lands, tenements, stocks, wares, goods, cattles, ready money, and other the premises, as far forth as the same will extend and reach, and as far forth as shall be needful, requisite, and convenient, shall daily from time to time ●uring the said custody be employed, converted, & disposed upon the finding and sustentation of the said W. R. his wife, children, and family, (if any be) with honest and convenient, meat, drink, ●nd apparel, lodging, regards, & necessaries. And that if the said W. G. and his assigns so far forth as in him and them lieth, shall honestly entreat, order, and maintain the said W. R. according to his degree, estimation, substance, and possession, as to the Queen's honour and his duty in that behalf doth appertain. (a) And the said W. G. covenanteth and granteth for him and his assigns by these presents, that he with the said rents, profits, and increase, as far forth as the same will extend or reach, and so far forth as the same shall be necessary, shall make all manner of necessary and needful reparations, in, and upon the said messages, lands, tenements, and other hereditaments, and in and upon the building, in such manner & sort, as hereafter no waist, spoil, decay, or disorder be found by the default of the said W. G. or any other by his means or procurement, and if any decay be at this time, in convenient & reasonable time to 'cause the same to be amended and repaired. And the said W. G. covenanteth & granteth for him and his assigns by these presents, that they shall not do nor suffer to be done any strep, waist, or spoil of woods of the said messages, lands, tenements, and hereditaments, or any part thereof, nor willingly decay any rent or service belonging to the same, or expel or put out any tenant, holding any part or parcel of the premises, nor take any fines of them, or any of them, without the knowledge or agreement of the said Master and Counsel for the time being. And if at any time hereafter, any strep, waist, spoil, or disorder be done, or incrochement of land made in the prejudice of the inheritance of the said W. R. or his heirs, that then the said W. G. and his assigns, as much as in him or them lieth shall save and defend the same, and for lack of power and sufficient authority so to do, shall with convenient speed and expedition certify the same, to the said Master and Counsel for the same, & receive and prosecute forth their order for reformation thereof, to, and for the advancement of the Queen's majesties interest and right, and for the preservation, safeguard, and tuition of the inheritance, right and title of the said W. R. And the said W. G. covenanteth and granteth for him and his assigns by these presents, that he the said W. G. or his assigns in Trinity term next coming shall bring his part of these Indentures, to the Auditor general of the Queen's Majesties said Court of Wards, and Liveries, to have the same there enrolled, and shall make a true and perfect account before the said Auditor of the rents, revenues, profits, and increase of the said messages, lands, tenements, & other the premises, & shall stand to the order and direction of the said Master and counsel aswell for all manner of accounts, payments, receipts, demands, and other matters as for the custody, order, and disposition of as much thereof as shallbe found in the account to remain in his hands, above all reprises and deductions so that by the said Master and counsel the same may be employed and bestowed to the most utility and profit of the said W. R. and his heirs, and so from time to time to make like account, and abide like order whensoever he by the said Master and Counsel shall be called to the same. And the said W. G. covenanteth and granteth for him & his heirs by these presents, that he the said W. G. and his assigns, shall at all times hereafter, not only permit and suffer the said Master and counsel, or any other by their authority, to survey the state and usage of the said messages, lands, tenements, and other the premises, but also pay the charges of the same survey out of the said rents and profits, & shall from time to time perform & fulfil the direction of the said Master and Counsel, for and concerning the redress & reformation of all disorders found upon the said survey. And if it fortune the said messages, lands, tenements and hereditaments, or any part of them, by any such survey to be found of better or more yearly value or rent, than is before expressed in the said writing indented, or that any part of them or any other lands which the said W. R. aught to enjoy, be omitted in the same writing indented: Than the said W. G. and his assigns, shall truly account for the overplus of the rents and profits so underualued & omitted and the arrearages thereof, and shall stand to, and accomplish such order and direction of the said Master and Counsel, for the paying, employing, & bestowing of the said rents, and tharerages thereof, as to the said master and counsel shall seem expedient. (b) And the said W. G. covenanteth & granteth for him & his assigns by these presents, that neither the said W. G. or his assigns, shall give, grant, covenant, bargain, or sell the custody of the said R. W. nor his interest in the same by virtue hereof to any person or persons, without the knowledge & agreement of the said master & counsel for the time being. And it is provided in the behalf of the Q. Majesty, by the said Master & counsel, that if at any time hereafter it fortune the said covenants, conditions, grants or agrements, or any clause or article before mentioned, which are to be kept on the part & behalf of the said W. G. and his assigns, to be broken & unkept, & not reform within two months' next after lawful warning to him or them thereof given, that then this present grant to be voided & of none effect. And immediately upon such default, it shallbe lawful to the said master & counsel, not only to sequester and take the said custody into the Q. majesties gift, and order, and the same to commit or dispose, to any other person or persons, during the Lunacy of the said W. R. but also to distrain the goods and cattles of the said W. G. & his assigues, and the same to drive, lead, and carry away, withhold, bargain & cell, to those of the Q. Majesty, until her highness be fully answered and paid, for the damage sustained by breaking of any of the said covenants in these present Indentures contained: any thing before mentioned to the contrary notwithstanding. In witness etc. ¶ A grant of the tuition of a L●●●at ike, his family lands and goods. THis Indenture etc. ut in Sect. 369. and T. W. N. D. W. S. & G Sect. 370. M. Esquires of the other party, Witnesseth, that where our Sovereign Lady by inquisition taken at A. in the County of Y. the 17 day of june, in the second year of her noble raigue, before A. B. escheator of the said County, by virtue of the Q. majesties writ to him directed, to inquire of T. W. Esquire, and by her highness prerogative royal is entitled to the custody of the said T. W. & to provide for the estate of him, his wife, children, manors, lands, tenements, & hereditaments, goods & cattles, according to the said Pretogative, and the laws and statutes of the realm in that case provided, and is contented and pleased to grant and to commit unto the said T. W. N. D. W. S. and G. M. aswell the custody, rule, order, tuition, and governance of the said T. W. being by the said Inquisition found to be a lunatic, & imperfect of mind and memory, not able to govern himself, his wife, children and family, manors, lands, goods & cattles, as also the custody, rule, tuition, use, occupation, receipt and disposition of all the manors, lands & hereditaments, farms, stocks, stores, goods, cattles, money, plate, household stuff, and other commodities and possessions whatsoever they be which the said T. W. now hath, or by any means may or aught lawfully to have, to the use, profit, & commodity of the said T. W. & his heirs: To have & to hold the same to the said T. N. W. and G. during the Queen's majesties will and pleasure. And therefore the said T. N. W. and G. for the better performance of the covenants and conditions incident and belonging to them that have the custody committed unto them, have delivered a writing indented hereunto annexed, in the which been contained and specified all the manors, lands, tenements, & hereditaments, being of the inheritance of the said T. W. in possession and reversion, and also all goods & cattles of the said T. W. which writing indented the said T. N. W. and G. by these presents covenanteth and granteth to be full & perfect declaration of all the manors, lands, & hereditaments, goods & cattles without omission or concealment of any part of them. And the said T. N. W. and G. covenanten and granten for them & their assigns, that with the rents, revenues, and profits and increase of the said manors, lands, and hereditaments, goods, and cattles, as far forth as the same will extend and reach, & as far forth as shall be needful, necessary, requisite, or convenient, shall from time to time during the said custody be employed, converted & bestowed upon the finding and sustentation of the said T. W. his wife, children, and family, with honest and convenient meat, drink, apparel, lodging, regards and necessaries: And that the said T. N. W. and G. & their assigns, so far forth as in them lieth, shall honestly entreat, order & maintain the said T. W. according to his degree, estimation, substance & possessions, in such sort, as to the Queen's honour & their duty in that behalf appertaineth. And the said T. N. W. and G. covenanten and granten by these presents, that with the said rents, profits and increase as far forth as the same will extend, & so far forth as the same shallbe necessary to the said T. N. W. & G. & their assigns, shall make all manner of needful and necessary reparations, in, & upon the said manors, lands, & other the premises, & in & upon all the buildings, of the same, in such manner and sort, as hereafter no waste, spoil or disorder be found by the default of the said T. N. W. and G. or any other by their means or procurement. And if the decay be at this present, in convenient & reasonable time to cause the same to be amended & repaired. And the said T. N. W. and G. covenanten and graunten by these presents, that they shall not do or suffer to be done, any strep, waste, or spoil of woods upon the said manors, lands, and hereditaments, ne wittingly decay any rent or service belonging to the same, nor expel or put out any tenant or tenants, holding any part of the premises, nor take fines of them, nor cut down any timber upon the premises, without knowledge and agreement of the said master and counsel for the time being. And if at any time hereafter, any strep, waste, spoil or disorder or incrochment of land be made to the prejudice of the inheritance of the said T. W. or his heirs: That then the said T. N. W. and G. as much as in them lieth, shall withstand and defend ●he same, and for lack of power so to do, shall with convement expedition after knowledge thereof had, certify the same unto the said Master & counsel for the time being, and receive & prosecute forth their order, until sufficient redress be therein had, to, and for the advancement of the Queen's majesties interest and right, and for the safeguard of the inheritance, rights and titles of the said T. W. and his heirs. And the said T. N. W. and G. covenanten and graunten for them and their assigns by these presents, that they the same T. N. W. & G. by themselves or their sufficient deputies, in Michaelmas term next coming shall bring their part of these Indentures to the Auditor general of the Queen's majesties court of wards and liveries to have the same enrolled, and shall make a true and perfect account before the same Auditor, of the rents, revenues, & profits, and increase of the said manors, lands and hereditaments, goods and cattles, and shall stand to the order and direction of the said Master and Counsel, aswell for all manner accounts, payments, receipts, demands, and other matters, as also for the custody, order, & disposition of as much thereof as shall be found in the same account to remain, or which lawfully aught to remain in their hands, above all reprises and deductions, so that by th'advise of the Master and Counsel the same may be employed and bestowed to the most utility and profit of the said T. W. and his heirs, & so from time to time make a like account, and abide like orders whatsoever by the same master and counsel he shall be called to the same. And the said T. N. W. and G. covenanten & graunten for them and their assigns by these presents, that they the said T. N. W. and G. and their assigns, shall at all times not only permit & suffer the said Master and Counsel, or any other by them authorised to survey the estate of the said manors, lands, hereditaments, goods & cattles, but also pay tharrearages of the said survey out of the said rents and profits, and shall from time to time perform and fulfil the direction of the said Master and Counsel, for & concerning the redress & reformation of all disorders found upon the same survey. And if it fortune the said manors, lands, and hereditaments, or any part of them, by any such survey to be found of better & more yearly rent, then is before expressed in the same writing indented, or that any part of them, or any other lands, goods or cattles, which the said T. W. aught to enjoy, be omitted in the same writing indented: Than the said T. N. W. & G. and their assigns, shall yield account of the overplus of the rents and profits so underualued and omitted and of tharrearages thereof, & shall stand to accomplish such order and direction of the said Master and Counsel, for the payment, employing and bestowing of the same rents and profits, and tharrearages thereof as to the said Master and Counsel shallbe thought expedient. And the said T. N. W. and G. covenanten and graunten, for them & their assigns by these presents, that they the said T. N. W. and G. and their assigns during the said custody, shall from time to time 'cause the Courts heretofore used and had upon the said manor to be yearly kept, & the Court rolls engrossed and surely laid up together, with all other evidences, records & writings, which the said T. N. W. and G. or their assigns may lawfully come by, concerning the title of th'inheritance of the said T. W. so that they & every of them may safely come to him & be delivered unto him, if at any time hereafter he shall happen to recover his understanding and memory, or after his death to his heirs without concealment, imbesilling or withdrawing of the said evidences or any part of them to the knowledge of the said T. N. W. & G. or any other by their means, knowledge, or procurement. And moreover the said T. N. W. and G. or their assigns, shall not do or suffer to be done unto their knowledge, any thing or act that may be to his hurt, encumbrances, & impairment of the inheritance of the said T. W. or his heirs. And the said T. N. W. & G. covenanten & graunten by these presents, that they shall not at any time hereafter give, grant, commit, bargain, and sell the custody of the said T. W. or their interest in the same by virtue hereof unto any person or persons, without knowledge & agreement of the said Master and counsel for the time being. And the said T. N. W. and G. covenanten for them and their assigns by these presents, that if at any time hereafter during the said custody, any ward, benefice or spiritual promotion happen to fall voided or grow upon the same manors and other the premises, or any part of them: That then the said T. N. W. and G. and their assigns, immediately after knowledge thereof to them given shall certify the same to the said master and counsel for the time being so that they may know the Queen's majesties pleasure for her highness gift, and confirming of the same. And it is provided on the behalf of the Queen's Majesty, by the said Master and Counsel, that if at any time hereafter it fortune the said covenants, conditions, or agrements, or any clause or article before mentioned, which are to be kept on the part and behoof of the said T. N. W. and G. or their assigns, to be broken, unkept, and not reform within two months then next after lawful warning thereof given: That then this present grant to be voided & of none effect. And that immediately upon such default it shallbe lawful to the said Master and Counsel, not only to sequester & take the said custody into the Queen's majesties gift & order, and the same commit and dispose to any other person or persons during the Lunacy of the said T. W. But also to distrain the goods and cattles of the said T. N. W. and G. and their assigns, and the same to withhold, bargain and cell, to the use of the Queen's Majesty, until her highness be fully answered and paid of the value of the damage sustained by the breaking of the said conenants: any thing in this Indenture contained to the contrary notwithstanding. In witness whereof etc. ut supra Sect. 330. c. ¶ A grant of a Parkership. E. N. Miles, dominus de B. Omnibus etc. Noveritis me praef. E. dedisse, Sect. 371. & ꝑ praesentes concessisse dilecto seruient méo R. C. custod' sive officium custod' Parci mei de E. in come E. necnon fecisse & constituisse eundem R. parca● meum parci mei praedict'. Habend' etc. dictam custod' siue offic' per se vel per sufficient̄ deputat' suum, pro quo mihi respond' volverit, durant vita eiusdem R. cum vad' trium denar̄ per quemlibet diem annuatim durant vita sua, percipiend' per manus receptor, ball', firmar, seu alterius occupator cuiusdam dominij sive manerij mei de E. praed' qui pro tempore fuerit annuatim durant vita dicti R. de redit' & profic' eiusdem domin' siue manner cum pertinent ad festa etc. per equales portiones: Ac unam robam de secta valector̄ meorum erga festum Natalis domin', quando ego & haered' mei liberatas huiusmodi dederimus. Et si contingat etc. ut in alijs districtionibus. Districtionesque sic capt' licite asportare, abducere, fugare, & penes se retinere: quousque de vadijs praed' & de omnibus arrerag' eorundem si quae fuer', sibi plenar̄ sit satisfact' & persolut. Quare Recept, ball', firmar, ac alij occupator cuicunque domin' sive manerij mei de E. praed' present & futur' mando & praecipio quod de exit, redit', firmis & proficuis dominij sive manerij mei praedict' come pertin' soluat seu solui faciat praefat' R. C. aut assign' suis, dict' vad trium denar ꝓ quolibet die ad festa praed' equis portionibus de anno in annum, & termin in term' vita praed R. durant̄. Insuper noveritis me pref. E. dedisse, & ꝑ praesentes concessisse praef. R. C. pastur' ad unum equum & quinque vaccas infra parcum praed' durant vita depascend'. Habend' eidem R. vita sua durant, cum liberis intr oitu & exit, ac fugationem & refugationem eorundem absque contradictione aliquali: Ita tamen quod idem R. C. officium praedictum bene & fideliter custodiat & exerceat per se, seu per sufficient̄ deputatum suum exerceri faciat durant etc. de cuius facto respondebit etc. In cuius rei etc., ¶ A Grant of the office of keeping of a Park with fee. Omnibus etc. Noverit universitas vestr̄ nos intuitu boni obsequij Sect. 372. dilecti seruientis nostri R. B. hactenus nobis in ecclesia nostra cathedrali Noruicen̄ fidelit impensi ꝑ presens script' concessisse eidem R. custodiam parci nostri de H. ad totam vitam ipsius R. possidend', ꝑcipiend' annuatim de manner nostro de H. ad totam vitam ipsius R. per manus receptoris seu praepositi manerij praed' qui pro tempore fuerit duos denarios ꝑ diem, una cum roba de secta valectorum nostrorum, erga festum Natalis Domini, quando nos & successores nostri liberat huiusmodi dederimus. Et nos praefat' W. Episcop̄, volumus & per praesens scriptum pro nobis et successoribus nostris concedimus, quod si dictus annuus redit' aretro etc. ut in districtionibus. Ita tamen quod idem R. officium praedictum bene et fideliter custodiat et exerceat, seu ꝑ suum deputatum exerceri faciat durant termino pndicto. In cuius rei testimonium etc. Datum apud etc. Anno Domini. 1592. anno consecrat̄ nostrae decimoquarto. ¶ A Grant for keeping of a Manor, Park, and Lodge. IW. Earl of O. Lord S. etc. To all Christian people to whom this Sect. 373. present writing cometh, greeting in our Lord God etc. Whereas I. late Earl of O. mine ancestor, whose cousin and heir I am. by his letters pateats, dated &c. gave and granted unto I. W. the mastership and office of the keeping of the game of his Park of L. in the County of S. and of the Lodge within the same, and the Bailywike or Bailyship of all his manor of etc. And also by his said letters Patents, made, constituted, granted and ordained the said A. W. to be his Officer and keeper of the said Park and lodge, to have, occupy, & enjoy the said office of keeper, and lodge to the foresaid I W. and to his assigns for term of his life, by himself or his sufficient deputy or deputies, with all manner of fees, wages, profits, and commodities of the said office due or appertaining, in as large and ample manner, as any person or persons before that time had, occupied, enjoyed or perceived the same. Know you, that I the said I W. now Earl of O. for divers considerations me moving, have given and granted, and by this my present writing do give and grant to my well-beloved friend T. P. gentleman, the keeping of the manor of L. & of the said Park, and of the Dear now therein or that hereafter at any time shall be, immediately after the death of the said I W. and as soon as the said office, which the abovenamed I W. doth now enjoy, shall happen to be voided by the surrender of the said I W. or by any other lawful ways or means: And the same T. P. do ordain, make, & constitute by these presents, to be keeper of the same manor, park, lodge & dear, whensoever it shall first happen to be voided, as is aforerehearsed. And furthermore know ye, that I the foresaid I W. Earl of O. do give and grant unto the foresaid T. P. for his exercising and occupying of the said office, the yearly fee and wages of etc. immediately after the death of the said I W. with all profits, fees, wages, rewards, advantages, and commodities to the same office in any wise due and appertaining, in as ample manner and form, as the said I. W. or any other having or occupying the same office had, or ever used and enjoyed. And also the herbage & pannage of the said park of L. immediately after the death of the foresaid I W. and as soon as the said office shall happen to be voided by surrender of the afore named I. W. or by any other lawful ways or means. To have hold, occupy, and enjoy the same office of keeping of the said manor, park, lodge, and dear, immediately after the death of the said I W. and as soon as the same office shall happen to be voided, to the said T. P. for term of his life, by himself, or his sufficient deputy or deputies and to have and to hold the said wages & yearly fee of etc. and the said herbage and pannage, together with all other commodities, profits & advantages appertaining to the same, immediately after the death of of the said I W. etc. in as large and ample manner, as the said I. W. or any other persons heretofore had or occupied, for term of the life of the said T. P. the same yearly fee or wages of etc. to be paid by the hands of etc. of the issues, profits, and revenues of the same manor of L. at two feasts of the year etc. by even portions: The first payment thereof according to the rate to begin at the first feast of the said two feasts, next after the death of the said I W. etc. And I do by these presents grant, that the payment of the said yearly fees and wages so hereafter to be made by any of the said Receivors, bailiffs, or other officers, shall be unto them & every of them, a full and sufficient warrant & discharge in every of their several accounts, for so much thereof as they and every or any of them shall so pay, as is aforesaid, according to the true meaning hereof. And if it happen the said yearly fee or wages of etc. of the feasts afore rehearsed, at which it aught to be paid: That then it shall be lawful to the said I. W. in the aforesaid manor of L. to enter & distrain, and the distresses there found, to drive, carry, and bear away, and with him to hold, keep and retain, till such time as all the portion of the said yearly fee or wages of etc. so due and behind hand be fully contented and paid, with the arrearages, if any there be. In witness etc. ¶ A grant for years of the Herbage and Pa●mage of a Park, and with Turbary by the Queen upon surrender of a former lease. REgina omnibus ad quos etc. salutem. Cum praechariss. pater noster H. viii. nuper Rex Angliae per lras patent̄ sub magno sigillo suo Angliae confect', geren dat' apud Westm etc. ann regni sui etc. de advisamento dilector̄ ad tune sibi R. S. Milit, & T. M. Milit consiliar̄ svorum, ac general' superuis. terrarum suarum, concesserit, tradiderit, & ad firmam dimiserit dilect' add tunc sibi R. C. in come suo C. yeoman, agistament & pannagium parcorum, turbar, etc. infra forestam suam de M. in pnd' come suo C. adtunc vel antea in tenura sine \l = o`\ccupatione R. M. existent ꝑcell' terr' & possess. svarum Com̄ Palantin C. pertinent. Habend' & tenend' agistament & pannagium praed', ac cetera praemiss. cum pertin' pref. R. C. executoribus & assignatis suis, a festo S. Mich. archang' adtunc ultim preterite, usqué ad finem & terminum viginti & unius annorum extunc proxim' sequent & plenary complend': Reddend' inde annuatim dicto patri nostro, haered' & successor' suis ad Seaccar suum C. praed' x. li. etc. ꝓut eidem patri nostro adtunc respon fuit, & triginta solid' ultra de novo approvamento per annum ad festa etc. prout per easdem literas patentes inter alia plenius liquet & apparet. Quas quidem literas patentes & dimissionem dilectus nobis R. D. armig', habens-totum ius, statum, titulum, & interest R. D. de & in pmmissis nobis sursum reddidit & restituit cancelland', ea intention, quod nos literas nostras patentes & dimissionem nostram de eisdem praemiss. eidem R. D. in forma sequent facere & concedere dignaremur: Quam quidem sursumredditionem acceptamus per presents. Sciatis igitur quod nos de advisamento Thesuar nostri Angl', Cancellarij & Subthesaur scaccarij nostri pro fine etc. ad receptor̄ Scaccar nostri, ad usum nostrum per pndict̄ R. D. solut, tradidimus, concessimus, & ad firmam dimissimus, ac per praesentes tradimus, concedimus, & ad firmam dimittimus praef. R. D. totum praedict' agistament & pannagium parcorun, turbat, felic', crop lordship, & cortic', infra pndict̄ forestam nostram de M. in dicto come nostro C. quondam in tenura sive occupatione praed' R. M. ac parcell' terr' & possession nostrarum come Palantin C. pndict̄ pertinent. Habend' & tenend' agistament & pannagium pndict̄ ac caetera pmmiss. cum pertin' praef. R. D. executoribus & assignatis suis, a sesto S. Mich. etc. & ad finem & terminum viginti & unius annor extunc proxim' etc. Reddend' inde annuatim nobis, haered', et successor' nostris etc. ad festa etc. ad receptum S●accarij nostri, seu ad manus Ballivor vel Receptor pmmissor pro tempore existent', per ae quales portiones soluend durant termino praedict'. Proviso semper, quod si contingat etc. (ut in alijs districtionibus,) quod tunc & deinceps haec praesens dimissio et concessio vacua sit ac pro nullo habeatur, aliquo in presentibus in contrarium inde non obstant: aut aliquo statuto (ut supra 357.) In cuius rei etc. ¶ A grant of the office of the Clerk the Hamper. REx etc. (ut supra 327.) dedimus etc. W. F. officium Clerici hanaperij Sect. 375. nostri Cancellar' nostr' terr' nostrae Hibernie, & custodiam omnium & omnimodorum brevium, record', billar, filatiar, scriptor, & omnium aliorum record' quorumcunque in Cancellar' nostr' praedict' ꝓ tempore existent', ac ipsum W. clericum hanaperij cancellar terr' nostrae praed', & custod' omnium & omnimodor record', billar, filatiar, scriptor, & omnium alior record' quorumcumque in cancell' praed' pro tempore existent', facimus, constituimus, et ordinauimus per presents. Habend' etc. Accipiend ', leuand', & annuatim recipiend' tamburlaine magn̄ annualia feodo, vadla, & regard ', qualia N. W. vel aliquis alius, autaliqui alij ante hoc tempus praed' offic' occupans sive occupantes pro exercitio eiusd' habuerit sive percepit, aut habuerint sive percepe●int ad festa etc. pro termino vitae dict W. tamburlaine de exitibus, proficuis aduantag' & emolument hanaperij nostri Cancell' nostrae terrae Hiberniae praed' provenient siue crescentibus per manus suas proprias, assignator aut deputator suor, quam de reventionibus subsidijs, debit', decimis, quintodecimis & proficuis terrae nostrae Hiberniae praedict', Thesaur, subthes. vel gener receptor̄ terrae nostre Hiberniae praedict', vel eorum vices gerent pro tempore existent', una cum omnibus alijs proficuis, aduantag', commoditat, & regardis eisu ' officijs, ac eor utrique pertinent seu spectantibus, Ac in tam amplis modo & forma, prout dict' N. W. aut aliquis alius in officijs illis, aut eorum altero ante hoc tempus habuit sive percepit, co quod expressa mentio etc. Et specialit non obstant statuto, actu, aut ordinatione in quodam parliament tent' apud villam nostram de D. in terra nostra Hibern praed' die Lunae prox' post festum S. Andreae Apost', anno regni praecharissimi patris nostr' H. seven. nuper Regis Angliae decimo, coram E. D. P. Milite deputat' ipsius dni Regis patris nostri terr' nostrae Hibern, praed', aedit in haec verba: Qd' abinde & deinceps nullae personae quae habent potest ad administrand' justitiam in dict' terr' nostra Hibern, uz. Cancellar', Thesaur, Iustic' de Banco, & de communi Banco, capitalis, & secund' Baro de Scaccar nostro ibid', Cleriou sive Magister Rotulorun, ac omnes offic' computabil', non habeant de caeter aliquam authoritat in talibus offic' suis per literas patentes domini Regis, nisi solummodo ad placit & voluntat domin' Regis. Et si aliqua concessio nunc facta, vel in poster fiend' alicuius vel aliquorum officiorum praed' alicui personae in contrarium sit fact', quod illa concessio adiudicet vacua & nullius vigoris in lege: aliqua alia re, causa, aut mater quacunque in contrarium inde non obstante. In cuius etc. has litter nostras fieri fecimus patent. Teste me ipso apud W. tertio die etc. anno etc. ¶ A Grant of a fellowship in a Hall or College. HEnry etc. To our trusty & well-beloved the Master of our College Sect. 376. called the King's Hall within our University of Cambridge, & in his absence to his Lieutenant or Deputy there, gr\l = e'\eting: Forasmuch as we be credibly informed, that our well-beloved subject A. B. Scholar of our said University is greatly desirous & minded to continued at school for his further increase in virtue & learning: we let you to wit, that considering his virtuous intent & purpose, for his better exhibition in that behalf, we have given and granted, and by these presents do give and grant unto him the room of a fellow ', of and within our said College, if any be now void, or else the room of a fellow, within our said College, which shall first and next fall void within the same, by death, division, surrender, or otherwise: To have and enjoy the same room, with all manner rights, profits, emolument and duties thereunto belonging, to the said A. B. for term of his life: with all benefit or benefits, pension or annuity, not exceeding the yearly value of ten pounds, in as ample and large manner, as any heretofore hath had or enjoyed the room aforesaid, any act, statute, ordinance, or any thing to the contrary hereof in any wise notwithstanding. Wherhfore we will and command you, that according to the effect and purport of this our grant, ye do admit the said A. B. unto the said room of a fellow accordingly. And these our letters shall be your sufficient warrant and discharge in this behalf. Given etc. ¶ A grant of the office of Receivor and Surveyor with fees. OMnibus etc. R. G. comes L. salutem in domino sempiternam. Sect. 377. Sciatis me praef. Comitem dedisse, etc. E. H. generoso, officium Receptoris omnium exituum, proficuorum, denariorum & summarum crescentium & provenientium de omnibus manerijs, terris & tenementis, reditibus & haereditamentis meis quibuscunque in comitatu B. etc. Ac etiam officium superuisoris omnium praedictorum maneriorum, terrarum, tenementorum, & haereditamentorum meorum quorumcunque. Ac ipsum W. H. receptorem, ac superuisorem maneriorum, ter●arum etc. constituisse & ordinasse, prout per praesentes ordinavimus & constituimus. Habendum etc. in tam amplis modo & forma, prout aliquis alius, vel aliqui alij officijs praedict', seu eorum altero ante haec tempora usus fuit aut fuerunt. Et ulterius sciatis me praefatum C. dedisse etc. praefat' W. H. pro executione & occupation officiorum praedictorum quendam annualem reditum xl. Marcarum etc. Habendum levanpum etc. pro termino vitae suae naturalis per manus suas proprias de exitibus & proficuis praedictorum maneriorum, terrarum etc. per equales porciones. Et si contingat praedict' annualem redditum xl. Marcarum aretro fore etc. ut in districtionibus. ¶ A grant of an Annuity and reward out of the Hamper, Wine out of the King's seller, Velvet out of the Wardrobe, fee Dear with licence to hunt. REx etc. Sciatis quod nos in consideratione boni & fidelis seruitij Sect. 378. per dilectum nobis in Christo N. ante haec tempora impensi, dedimus & concessimus etc. eidem N. quandam annuitatem sive annualem redditum quinquaginta libr' etc. annuatim habendum de exitibus, reventionibus, & proficuis hanaperij nostri pro tempore existent'. Habend' etc. praefat' N. etc. de exitibus etc. ut supra, ad festa etc. super sola demonstratione harum literarum nostrar patentium, seu earum irrotulament̄ in dicto hanaperio nostro fact', vel alibi prefat' custodi pro tempore existenti ostens. absque aliquo brevi, vel aliquibus brevibus seu mandatis, extra Cancell' nostram super easdem literas nostras patentes ꝓsequend', ac prefat' clerico aut custodi aliqualiter dirigend'. Dedimus etiam & concessimus, ac per praesentes damus & concedimus eidem N. pro termino vitae sue, unum dolium vini Vastonien, annuatim percipiend' durant vita sua ꝑ manus pincernae nostrae Angliae protempore existent' deliberand', de illo vino quod idem pincerna noster pro tempore existens habebit & recipiet ad usum nostrum ratione officij sui praed'. Necnon damus & concedimus eidem N. pro term' vite suae annuatim tantam serici Anglice velvet, de serico nostr' de garderoba nostra, & tantam penellam de eadem garderoba nostra annuatim percipiend' & deliberand' per manus Magistri garderobe nostrae predict' pro tempore existent', quantum satis erit & seruiet ad faciend' pndict̄ N. unam togam de serico, Anglice velvet, & penulatam annuatim pro termin̄ vitae sue de illis sericis, Anglice velvet, & penulis, de quibus Magister de garderoba nostr' pro tempore existens annuatim recipiet & habebit ratione officij sui pndict̄. Ac etiam damus & concedimus eid' N. annuatim durate vita sua duas damas idoneas, viz. unam Anglice a Buck of season in estate, & aliam Anglice a do of season in hieme, in magno parco nostro de W. in Com̄ nostro de S. annuatim capiend' & habend' tam per seipsum quam per aliquem alium sive aliquos ꝑ ipsum assignand', per custodes in parco nostro pro tempore existent eidem N. deliberand'. Et volumus & concedimus qd' bene liceat & licebit prefat' N. & assignat' suis durant vita sua predict', annuatim venari & fugare in eodem ꝑco nostr' pro pndictis duabus damis capiend' & interficiend', & eas abinde cariandum, asportandum, & habendum ubicunque placuerit ad voluntatem suam, sine impedimento nostro & hered' nostror', forestarior̄, parcariorum, & alior officiarior & ministrorum nostrorum quorumcumque durant vita sua. Et ulterius damus & concedimus eidem N. centum libr' de dono & regardo nostris de exitibus, reventionibus, & proficuis hanaperij nostri pndict̄ prouenient̄ siue crescent̄, per manus pndict̄ Clerici eiusdem hanaperij pro tempore existent', soluendum & deliberand' indilate post oftension̄ sibi harum literarum nostrarum patentium, absque compoto seu aliquo alio inde nobis vel hered' nostris reddend' seu soluend' pro premissis seu aliquo premiss. Et volumus & concedimus quod pndictus Clericus de hanaperio nostro pro tempore existens & predictus Magister de garderoba nostr' pro tempore existens habeant plenam allocationem comm quibuscunque Auditoribus & judicibus nostris in quibuscunque curijs & locis super specialibus compotis suis faciend', de exitibus, reventionibus, et proficuis separalibus, ratione officiorum suorum nobis emergentibus sive crescentibus, videlicet, dictus clericus hanaperij nostri pro tempore existens, tam pro annuali solutione predict' annuitatis sive annualis redditus 50. li. quam pro predict' C. li. de regardo nostro praefat' M. ut premittitur per nos coucess. Et predict' Magister garderobae nostr' praedict' pro deliberatione dicti annualis serici sive velvet, & penularum annuatim ad faciendum praefat' N. unam togam penulatam. Eo quod expressa mentio de vero annuo valore, aut aliqua alia certitudine praemissorum, seu eorum alicuius, aut de alijs donis sive concessionibus, per nos, aut aliquem progenitorum nostrorum praefat' N. ante hec, tempora factis in praesentibus minime facta existit: aut aliquo statuto, etc. (ut supra 357. c.) ¶ A grant of th'office of the Pipe in reversion. REx etc. Cum praeclar pater noster H. nuper Rex Angl seven. per Sect. 379. literas suas patentes, quarum dat' est apud W. xv. die M. anno regni sui twenty-three. ordinauerit, deputauerit, & constituerit dilect' sibi T. B. ingrossator magni Rotuli in Scaccario suo sive Clericum Pipe eiusdem Scaccarij, ac eidem T. officium ingrossatoris magni Rotuli sui, sive Clerici Pipe in Scaccario suo praedict' dederit & concesserit. Habend' & occupand' eidem T. B. per se, vel per sufficient̄ deputatum suum, sive deputatos suos sufficientes ꝓ termino vite sue: Percipiend' inde ꝓ officio illo exercend', feod', vadium, regardum, liberatam, victum, & proficua, eidem officio quoquomodo debita, consueta sive spectant, in tam amplis modo & forma, prout aliquis alius dictum officium ante hec tempora occupans & exercens habuit & percepit, in, & pro executione eiusdem officij: Soluend' eidem T. de tempore in tempus annuatim limittand', percipiend', & assignand' ad terminos in dicto Scaccario suo ab antiquo limitat, super sola demonstratione literarum dicti patris nostri sive earundem irrotulamenti, in dicto Scaccario suo facti & ostensi, absque aliquo breuiaut brevibus sive mandato extra Cancellariam dicti patris nostri super eisdem literis prosequend', aut Thesaur & Baron̄ de Scaccario suo aliquatenus dirigend', una cum omnibus & omnimodis alijs proficuis, commoditatibus, advantagijs, & emolumentis, dicto officio qualitercumque debitis consuet̄ sive spectantibus, prout in eisdem lite●is plenius continetur. Sciatis quod nos ob certas grandes causas nos & Concilium nostrum moventes, & in consideratione boni & acceptabilis seruitij, tam dicto praeclarissimo patri nostro H. nuper Regi Angl' septimo, ac domin' E. nuper Regi Angl' quarto Auo nostro, quam nobis per dilectum seruientem nostrum W. P. unum Clericorum in officio privati sigilli nostri multipliciter impens. & imposterum impendend', de gratia nostra speciali ordinavimus, deputavimus, & constituimus praefat' W. P. ingrossator magni Rotuli in Scaccario nostro, sive Clericum Pipe eiusdem Scaccarij: ac eidem W. officium ingrossatoris magni Roruli, sive Clerici Pipe in Scaccatio nostro praedict' damus & concedimus per praesentes. Habend' & occupand' officium praedictum eidem W. pierce, vel per sufricientem deputatum suum, sive deputatos suos sufficientes, pro termino vitae sue immediate post decessum ipsius T. aut per restitutionem literarum patent dicti patris nostri eidem T. inde factarum, aut per resumptionem forisfacturam vel deprivationem, seu aliquam aliam causam vel materiam quamcunque idem officium vacar̄, seu ad manus nost●as aut donationem, dispositionem, seu concessionem nostram devenire, accidere, seu pertinere contigerit: Et percipiend' pro officio illo exercendo, feoda, vad', regard ', liberatam, victum, & proficua eidem officio quoquo modo debit', consuet̄, sive spectant, in tam amplis modo & forma, prout idem T. B. aut aliquis alius dictum officium preante occupans habuit & percepit, in, & pro exercitio & occupatione eiusdem officij: Soluend' eidem W. de tempore in tempus annuatim limitand', percipiend', et assign' ad terminos in dicto Scaccario nostro ab antiquo limitat, super sola demonstratione praesentium literatum, sive earundem irrotulament' in dicto Scaccario fact' & ostensi, absque aliquo brevi aut brevibus, seu mandato extra Cancellariam nostram super eisdem literis nostris prosequend', aut Thesaur & Baronibus de dicto Scaccario nostro aliquatenus dirigendo, una cum omnibus & omnimodis alijs proficuis, commoditatibus, advantagijs, & emolumentis dicto officio qualitercunque debitis consuet̄ sive spectant. Eo quod expressa mentio de vero valore annuo, aut quovis alio valore officij, vadiorum, feodorum, proficuorum, commoditatum, & liberat praedict' in literis nostris predict' facta minime existit, aut eo quod predict' T. B. adtunc superstes existit, aut aliquo statuto etc. ut supra 357. c. ¶ A Manumission of a bondwoman or grant of liberty. universis & singulis Christi fidelibus praesentes literas inspecturis Sect. 380. T. R. Miles dominus S. & M. Comitissa R. uxor etc. Cum I B. alias dictus I B. natiws noster, filius R. B. alias dict' R. B. nativi nostri, spectantis sive appendentis manerio nostro de P. in Com̄ C. in villenagio procreatus fuerat, ac est pro tali & ut talis communiter dictus, tentus, habitus, & reputatus palam, publice, & private: Noveritis nos T. R. etc. certis de causis veris & legitimis, nos & animos nostros in ea part moventibus, ꝓ nobis & haeredibus nostris imperpetuum manumisisse, liberasse, & ab omni iugo servitutis & villenagij exonerasse, prout per pnsentes nostras literas patentes manumittimus, liberamus & exoneramus praedict' I B. cum tota sequela sua procreata & procreanda, bonis & catallis, terris, & tenementis suis perquisitis, sive imposterum perquirendis quibuscunque. Sciatis etiam nos praefat' T. & M. remisisse, relaxasse, ac omnino pro nobis, haeredibus, & executoribus nostris im ꝑpetuum quiet' clamasse, sicut per pnsentes nostras literas relaxamus, remitt̄, & quiet' clamamus eisdem I B. alias dict̄ I B. haered' suis, & tot sequelae suae, omnes & omnimodas actiones reales & personales, sectas, quaerelas, seruitia, calumpnias, transgressa, debita, & demanda quaecunque, quae versus eundem I B. alias dictum I B. vel aliquos haered seu sequelarum suarum, aut eorum aliquem habemus, habuimus, seu quovismodo habere poterimus, aut haered' nostri habere poterint in futurum, ratione servitutis & villenagij praedict', vel aliqua quacunque de causa ab origine mundi, usque in diem confectionis praesentium. Ita videlicet quod nec nos praedict' T. dominus S. M. Comitissa R. nec alter noster, nec haeredes nostri, nec aliquis alius per nos, pro nobis, seu nomine nostr', aut alterius nostrum, aliquam actionem, ius, titulum, clameum, interesse, seu demand' villenagij vel seru●tutis per breve domini Regis, seu aliquo modo quocunque versus dictum I B. alias dict' I B. aut sequelam suam procreat' seu procreand', bona aut catalla, terr' aut tenementa, seu perquis●ta, vel in posterum perquirend' de caeter exigere, clamare, seu vindicare poterimus, poterit aut unquam poterint in futurum, sed totaliter simus in perpetuum exinde penitus aversi per presentes. Et nos vero praedict' T. S. & M. & haered' nostri, praef. I. B. alias dictum I B. cum tota sequela sua procreat' seu pro creanda liberos erga gentem omnem warrautizabimus in perpetuum per praesentes. In cuius etc. ¶ An other form of Manumission in English. TO all Christian people to whom this present cometh, A. Earl Sect. 381. R. Lord S. and of R. sendeth greeting in etc. Be it known unto all people, that whereas we by the information of divers persons have made title and claim to one I T. of L. in the County of N. and to one W. T. brother to the same I. T. of S. in the County of R. and all their issues of their bodies coming to be Villains, and bound unto us & appendent to our manor of I. in the County aforesaid. And forasmuch as we found neither proof nor sufficient ground whereby we may understand that the said I. and W. or any of their issue should be villains or bound unto us, but by evident proof in sundry wise brought & showed to us, we rather understand the contrary to be true, therefore we being desirous to set all doubtful matters apart, and willing also the said I. and W. to be no further grieved or molested wrongfully without sufficient cause, & that they may from henceforth live in surety of the same, have remised, released, etc. ut supra in the ●ormer Manumission of a bondman. Attornement. ¶ The form of endorsing or entering of Attornement of Tenants. ANd because lands and tenements and such things as naturally Sect. 382. lie in grant cannot be transferred from one to another by bore grants of the parties, without the attornement and agreement of others, it is meet somewhat to discourse of Attornement. An Attornement therefore is the agreement of the tenants of the land, which is when the signory, rent, reversion, or remainder is granted unto him to whom the same is granted. And every Attornement is either actual, or in law: An actual Attornement is the expressed consent of the tenant to such grant in any such deed by some overt or open act, as by saying, I become your tenant according to this deed: Or that he liketh well thereof, or is contented therewith, or that he attorneth tenant to the grantee according to the tenor thereof, giving to him some money in name of Atto●nement etc. Littleton 551. Plowden 25. a. 344. a. Attornement in law is when the person that aught to attorne doth not by plain and express woord●, as is aforesaid, declare his consent to such a grant, but doth some other such act as in law sufficiently implieth and argueth his agreement thereunto: As if there be Lord and Tenant, and the tenant leaseth for life to a woman, the remainder in fee to an other, and the woman taketh an husband to whom the Lord granteth the services: Or if there be Lord and Tenant, who marrieth a wife, and after the Lord granteth the services to her, and her husband accepteth the deed: Or if a lease be made for life, or years, and after he that hath the reversion or remainder, granteth the same to his lessee, who accepteth of the deeds. These and such like be Attornements in law, Littleton Sect 558. 559. 560. 561. 564. etc. ¶ Attornement of tenant for life. MEmorandum that the within named E. M. being tenant for Sect. 383. term of life of the said manor of Q. and other the lands and inheritance expressed in this Indenture, did the 5. day of I. in this present month of june, the 32. year of the Queen's majesties reign that now is, attorne unto the within named I. B. according to the effect of the grant mentioned in the said Indenture: And for proof thereof did give unto him the said I. in name of Attornement the sum of iiii. d. of usual English money. in the presence of these persons whose names are subscribed, viz. A. B. C. D. etc. ¶ Or thus by divers Tenants. ¶ Memorand ' that the persons whose names are under written, tertio die ●. & anno &c. did attorne & become tenants unto the within named E. B. and M. his wife, according to the purport of the lease within mentioned. And for proof thereof every one of them did give unto the said E. and M. one penny in the name of Attornement. ¶ Or thus in Latin. ¶ Memorand' etiam quod 16. die M. anno s●prad' R. S. G. H. G. C. etc. ten' diue● sarun parcellarum tenementorum predictorum ex separalibus dimissionibus dict' T. W. super ten̄●is pndictis se prefatis T. W. & T. S. inde attornaverunt tenent, ipsique singuli dederunt praefat' T. W. & T. S. singulos denarios nomine attornamenti pred' etc. in praesentia testium predictorum, & aliorum, scilicet A. B. etc. ¶ Or thus with L●●erie of seisin also. SCiatis quod possessio & seisina de terris & tenementis infrascript, capt', & deinde deliberat̄ fuit infrascript S. P. per infranominat W. S. decimo die Junii anno infrascript, ad usum infrascript, & secundum tenorem huius praesentis chartae indentat: Necnon eo dē die apud M. praed' infranominat T. W. tenens unius clausi parcell' premis●orum vocat' C. pro termino vitae sue & v●os anni ulterius pro eod clauso, tam eidem S. quam infranominat E. S. R. G. & E. M. secundum tenorem huius chart indentat attorn̄ & liberavit eidem S. unum denarium legalis monete Angl' in nomine atturnac' & seifin reditus sui per ipsum annuatim soluend' pro eodem clauso durant termino ●dict, in presentia W. N. etc. ¶ A deed of Attornement. OMnibus etc. T. H. etc. Cum ego praed' T. habeam & teneam pro Sect. 384. termino vitae meae unum tenementum cum suis pertinentijs in villa de C. vocat' D. qd' quidem tenntum cum suis pertin', & reversionem inde (cum acciderit) post meum decessun T. B. perquisivit de W. H. filio meo & haered' apparenti: Noveritis me praef. T. H. posuisse praed' T. B. in plenam & pacifican possession & seisin de reuer● ' dicti tennti cum oibus suis pertinent, per solutionem unius denarij argenti eidem T. B. In cuius etc. ¶ An other deed of Attornement. OMnibus etc. H. A. etc. Cum ego pndict̄ H. habeam & teneam pro Sect. 385. termino vite meae unum tenementum cum etc. Cuius quidem tennti & caeter pmmiss. cum suis pertin' reversio quibusdam R. S. & A. N. spectat: Ac etiam cum ego pndict̄ H. A. habeam & teneam ꝓ termin vitae meae unum aliud tennt etc. cuius tennti & caeterorun pmmiss. reversio prefat' R. S. spectat. Et quia mihi praef. H. add pnsens satis constat, qd praed' R. S. per duo s●ript̄ sua se ꝑalia ge●en̄ dat' etc. anno etc. bargani●. dederit & concesser', ac ꝑ illud script' suum confirmaverit W. P. & A. vxor' eius, & hered suis, reversiones dictorum ten̄torum & caetero●ū pmmissorum, prout ꝑ script' illa liquet. Noveritis nunc me pf. H. tenntem dictorum duorum tenementorum & ceterorum praemissorum cum pertinent, ut praedictum est, ex mera & spontanea voluntat mea praef. W. P. & A. vxor' eius, ratione dict' concession dict' recuperation, de, & in pred' tenementis & caeteris praemissis sic per me iam tent', per solutionem unius denarij attornasse, & quantum in me est, dict' donac', concession & contract' dict' recuperation tenntorum ac caeteror' pmmissorum cum suis pertinent in forma pndict fact' assensum & consensum praebuisse, & illa approbasse in perpetuum per praesentes. In cuius etc. ¶ A grant of lands in fee simple by the King to be holden in Capite. REx etc. (A) Sciatis qd'nos ꝓ summa etc. legalis monete Angl ' Sect. 386. ad manus Thesaurarij Cur' nostre reventionum Coronae nostre ad usum nostrum per dilect' nobis H. W. bene & fideliter persolut̄, de gratia etc. dedimus etc. eidem H. W. totum situm & capitale mesuagium manerij nostri de R. in R. in comitat' nostro N. nu ꝑ Monaster de C. in eodem comitat' nostro N. modo dissolut̄ dudum spectant & pertinent, ac ꝑcellam possessionum inde existent, ac omnes terras dn̄icales manerij praed'. Necnori omnia mesuagia, domos, horrea, edific', hortos, pomaria, gardina, curtilag', terras, prata, pascua, pasturas, aquas, ꝑiscarias, communia, iura, commoditates, & hereditamenta nostr' quaecunque cum suis pertinent universis in R. in come pnd' ac alibi ubicunque in eodem come dicto capitali mesuagio manerij praed' quoquo modo spectantia vel pertinent; cum eodem capitali mesuagio dimissa, usitata, seu occupata existent, ac nu ꝑ in tenura T. H. armigeri, & modo in tenura seu occupatione dicti H. W. cum dicto capital' mesuag' existent, ac etiam omnes & omnimodos boscos, de, in, & su ꝑ dictis terr' & caeteris pmmissis crescent & existent. Damus etiam ac ꝑ praesentes ꝓ consideratione praed' concedimus prefat' H. W. advocationem, donationem, liberam dispositionem, & ius patronatus rectory & Ecclesiae parochialis de A. in dicto comitat' nostro N. Habend' etc. ut in praemissis, & caetera omnia & singula praemissa suꝑius expnssa & specificata cum suis pertinentijs universis praef. H. W. haered' & assignat' suis imperpetuum. (B) Tenend' de nobis, haered', & successoribus nostris in capite, per seruic' etc. ac reddend' inde annuatim nobis, haered' & successoribus nostris xx. s'. ad curiam nostram augmentationum re●enc' Coronae nostrae, ad festum etc. singulis annis soluend', pro omnibus reditibus, seruitijs & demandis quibuscunque proinde, nobis, haeredibus, vel successoribus nostris quoquomodo reddendis, soluendis, vel faciendis. (C) Et ulterius volumus, & per praesentes concedimus praefat' H. W. haered' & assignatis suis, quod nos & haeredes & successores nostri in perpetuum annuatim, & de tempore in tempus exonerabimus, acquietabimus, & indempnes conseruabimus eundem H. W. haeredes & assignatos suos versus nos, haeredes & successores nostros, & versus quascunque alias personas de omnibus & omnimodis reditibus, feodis, annuitatibus, pensionibus, & denariorum summis quibuscunque de praemissis, seu de aliquo praemissorum exeunt seu soluendis, vel superinde oneratis seu onerandis ꝓraeterquam de reditu & seruitio superius per praesentes reseruatis. (D) Volentes etiam & firmiter iniungendo praecipientes tam Cancellario & concilio dictae curiae nostrae augmentationum reventionum Coronae nostrae pro tempore existentibus, quam omnibus & singulis receptoribus, auditoribus, & alijs officiarijs & ministris nostris quibuscunque, heredum & successorum nostrorum, quod ip si eorum quisque super solam demonstrationem harum literarum nostrarum patent̄, vel super irrotulamento earundem, absque aliquo alio brevi seu warranto a nobis, hered', vel successoribus nostris quoquomodo impetrand', obtinend', seu prosequend', super solutione dicti annui redditus xx. s'. nobis, haered', & successoribus nostris superius per praesentes ut praefertur reseruatis, plenam, integram, debitamque allocationem & defaulcationem, deductionem, & exonerationem manifestam, de omnibus & omnimodis huiusmodi redditibus, feodis, annuitatibus, pensionibus, & denarior summis, de praemissis, seu de aliqua inde parcella (ut praefertur) exeunt seu soluend', praefato H. W. haered' & assignatis suis facient & fieri curabunt. (*) Et hae litere nostre patentes & irrotulament̄ earundem erunt annuatim, & de tempore in tempus tam dicto Cencellario & concilio nostro dictae curiae nostrae augmentac' recreation coronae nostrae pro tempore existent, quam omnibus receptoribus, auditoribus, & alijs officiarijs & ministris nostris, haeredum vel successorum nostrorum quibuscunque & eorum cuilibet sufficient warrant' & exoneratio in hac part. Et insuper de ampliori gratia nostra damus & per praesentes concedimus praefat' H. W. omnes exitus, reditus, reuentiones, & proficua omnium & singulorum praemissorum superius expressorum & specificatorum cum pertinentijs, a festo sancti Mich. archangeli ultimo praeterito hucusque prouenient sive crescent. Habend' eidem H. ex dono nostro absque compoto, seu aliquo alio proinde nobis, haeredibus, vel successoribus nostris quoquomodo reddendo, soluendo, vel faciendo, (E) Et ulterius de uberiori gratia nostra ●olumus, & pro nobis etc. per praesentes concedimus praefat' H. W. quod habeat & habebit has literas nostras patent sub magno sigillo nostro Angliae debito modo factas et sigillat̄ absque fine seu feodo magno vel parvo proinde nobis in hanaperio nostr' seu alibi ad usum nostrum quoquomodo reddend', soluend', vel faciend'. Eo quod expressa mentio (ut supra 357. b. etc. In cuius etc. ¶ A grant of a Manor with the Adnowson appendent. REx etc. Sciatis quod nos ex gratia nostra speciali, & in consideratione Sect. 387. veri & fidelis seruic' quod dilectus serui●̄s noster A. B. nobis praestitit, & durant vita sua praestare int●̄dit, dedimus & concessimus, ac tenore praesentium damus & concedimus prefat' A. manerium nostrum de B. cum suis membris et pertinent in comitatu nostro S. necnon Rectoriam de B. in eodem come S. ac advocationem Ecclesiae de B. praed', una cum omnibus et singulis suis glebis, decimis, oblationibus, mortuar, portionibus, pensionibus, & alijs profi●uis quibuscunque eidem Rectoriae de B. aliquo modo pertinent sive spectantibus: Ac etiam advocationem & patronatum vicariae de B. praed' cum suis iuribus & pertinent universis: necnon oina et singula mesuagia, terras, tenementa, prata, pascua, pastuias, boscos, subboscos, redditus, reversiones, molendina, seruitia, feoda militum, ward ', maritagia, releu●a, eschaetas, communias, aquas, stagna, vastas, warrennas, libertates, franches. curias, leet̄, ac ꝑquisit̄ curiae, aduocation, et patronat vicariae de B. praed': Ac etiam omnes alias advocationes & patronat ecclesiarum, capellarum, cantuariarū, ac alia iura & haereditamenta quae cunque cum suis pertinent universis in B. praed', ac alibi ubicunque pnd' man̄io, rector', vicariae, seu eorum alicui spectant, sive aliquo modo pertinent, aut quae ut membra vel ꝑcella eorundem manner, rectoriae, vicariae, sive eorum alicuius habita, cognita, sive reputat fuerint. Quod quidem manerium de B. necnon rectoria vicariae, terr', tennt, et caete●a oina & singula pmmissa cum eorum pertin', inter alia ad manus nostras devenerunt ac in manibus noster is iam existunt etc. de termino S. Trinitatis anno regni nostri xxix. plene liquet. Habend' etc. ut supra in praemissis prefat' A. B. & haered' masculis de corpore suo legitime procreatis. Tenendum de nobis & haered' nostris in capit per seruitium quintae partis unius feodi militis ꝓ omni seruitio, exactione, & demanda quacunque, absque com●oto seu ratiocinio sive aliquo alio nobis, heredibus, aut successoribus n●is ꝓ eisdem reddendo vel faci●ndo. Et ulterius ex ●berior̄ gratia nostr' dedimus & concessimus, ac tenore praesentium damus & concedimus prefat' A. B. omnes & singulos exitus, etc. ut supra proxima Sect '. Eo quod expnssa mentio etc. In cuius etc. ¶ A grant of the patronage of a Parsonage in fee, with an assignment of a term for years of the globe and tithes. THis Indenture made the etc. day of O. in the etc. of the reign of Sect. 388. our Sovereign Lady etc. Between G. T. of etc. of the one party, and T. W. of the other party. Witnesseth, that whereas H. T. of etc. by his Indenture, bearing date etc. for the considerations in the same deed mentioned, did give, grant etc. unto the said G. T. his heirs and assigns, all that the Aduowson, Patronage, free gift, and right of presentation, of, & to the Parish Church of S. in the County of etc. and all the estate, right, title, and interest of the said H. T. of, in, and to the same. To have and to hold etc. unto the said G. T. his heirs and assigns, to the only use and behoof of the said G. his heirs and assigns for ever. To hold etc. And moreover where the said H. T. did by the same Indenture give, grant, etc. unto the said G. T. his etc. all his estate etc. and term of years, which he then had, or of right aught to have had, of, in, and to the said rectory, parsonage, and other glebe land of S. aforesaid, and of, in, or to all and singular the Tithes of corn, grain, hay, wool, lamb be, milk, calf, and other tithes both predial and personal whatsoever, yearly coming, growing, arising, renewing, accrueing, or increasing within the town, fields, and parish of S. aforesaid, and which rectory, Parsonage, and glebe lands, tithes, and other the premises, the said H. T. did hold & enjoy by force of a Lease thereof to him made, by one L. G. then & now Parson of S. aforesaid, for, and during the natural life of the said L. And whereas also in the said Indenture one Proviso was contained in effect following: that is to say, That when and as soon as the said H. T. his heirs etc. should have saved harmless, and fully discharged the said G. T. his heirs etc. and all their goods and cattles, of, and from one Obligation, in the said Indenture mentioned, wherein and whereby the said G. & H. stood jointly bound unto one W. C. in the said Indenture likewise named, & have fully performed the conditions of the same obligations, and every of them: That then, & at all times after, whensoever the said G. his etc. should & would make, or cause to be made unto the said H. T. his heirs etc. such good, perfect, & sufficient assurance and conveyance in law, of the said Aduowson, Patronage, free gift, and right of presentation, to the Church of S. aforesaid, as he the said H. his heirs or assigns, should reasonably devise and require. And also that he the said G. his etc. should and would in like sort, make or cause to be made, unto the said H. his executors etc. such good, perfect, & sufficient conveyance and assurance in the law, of the before mentioned lease of the foresaid Parsonage of S. with the tithes thereof, and of all other things before by the said Indenture bargained and sold, as he the said H. T. his executors, or administrators, shall reasonably devise, and require, as in, and by the said recited Indenture, amongst divers other things more at large it doth and may appear. And whereas the said H. T. or his assigns, have not saved harmless, or otherwise discharged the said G. T. from the Obligation in the said Indenture mentioned, nor did perform the condition of the said Obligation, according to the tenor, effect, & true meaning of the same condition. Now the said G. T. for good causes and considerations him especially moving hath given, granted etc. and by these presents doth clearly, freely, and absolutely give, grant etc. unto the said T. W. his heirs and assigns for ever, all that the said Aduowson, Patronage, free gift, and right of presentation, of, and to the said parish Church of S. aforesaid, in the said County of O. and all the estate, right, title, and interest of the said G. T. of, in, and to the same, and all deeds, etc. concerning the same. To have and to hold etc. And moreover the said G. T. for the consideration aforesaid hath clearly and absolutely given, granted &c. unto the said T. W. his etc. all the said estate, and term of years, before recited, and to the said Rectories etc. To have and to hold the said rectory etc. unto the said T. W. his executors and assigns, for, and during all such term, time, and interest, as are or should be yet to come, by force of the said demise and grant made to the said H. T. In witness whereof etc. Hereunto add necessary Covenants. ¶ A grant of a Manor. HEnricus etc. Sciatis quod nos etc. (ut supra 386.) per A. B. & Sect. 389. I P. unde fatemur nos fore plenary satisfactos & contentos, cosdemque A. & I acquietamus de gratia etc. totum illud dominium & manerium nostrum de F. cum iu●ibus, membris, & pertinent universis in Comitatu nostro G. nuper Monaster de W. in eodem comitatu nostro de G. modo dissolur̄, dudum spectant & pertinent', ac parcell' possession & recreation eiusdem nuper Monaster̄ dudum existent, ac omnia & singula mesuagia, molendina, toft̄, cottagia, curtilag', domos, aedificia, structuras, columbar̄, hort̄, pomaria, gardin̄, terras, prata, pascuas, pasturas, boscos, subboscos, redit, reversiones, seruic', redit' oneris, redit' siccos, ac redit' super quibuscunque dimissionibus & concessionibus, reseruat, annuitat, ac omnes & omnimodas decimas cuiuscumque generis seu naturae fuerint: Necnon faeodi firmas, aquas, piscar, iampn̄, bruer̄, moras, marisc', warect', moras, warrenn̄, communes vias, vacuos fundos, nativos, villanos, cum eorum sequel', faeod' Militum, warda, maritagia, eschaet, relevia, heriot̄, curias let̄, visus francipleg', quae pertinent, seu in posterum spectare possunt aut debent, bona & catalla waiviat, bona & catalla felon', tam de se, quam aliorum felon', fugitivorum, conuict', aut quoquomodo damnatorum seu convictorum extra cur', & alia nostra iurisdictiones, priuileg', & libertat, emolumenta, proficua, commoditat̄, & haereditamenta nostra quaecunque cum eorum pertinentijs universis, situat̄, jacent, & existent in villis & campis, parochia seu hamletis de F. in dicto comitatu nostro G. ac alibi ubicunque in eodem comitat', dictis domo & manerio pertinent aut quoquomodo spectant, aut ut membrum, part̄, vel parcell' eiusdem domus & manerij antehac habit̄, cogn̄, accept̄, usitat, reputat, d●niss. seu locat existent', aut cum eadem domo aut manerio occupat', seu qualitercunque usitat: Ac omnes & singulos boscos, & subboscos, & arbores nostras quascunque, de, in, vel super pndict̄ manerio & domo, & caeteris praemissis, aut aliqua inde parcell' crescent̄ siue existent': Ac totam terram, fundum, & solum eorundem boscor, subboscor, & arborum, & eorum cuiuslibet: Necnon reversionem & reversiones omnium & singulorum praemissorum, & cuiuslibet inde parcell', ac redit', recuperation, ac caetera advamtagia & proficua quaecunque, super quibuscunque dimiss. concess. paemiss. aut alicuius inde parcell' fact' seu reseruat. Damus etiam pro consideratione praedict', ac ex certa scientia & mero motu nostris per praesentes concedimus praefat' A. B. & I P. advocationem, donationem, praesentationem, liberam dispositionem, & ius patronat Rectoriae & Ecclesiae de S. in comitatu nostro R. nuper Monaster de A. in eodem comitatu nostro B. modo dissolut̄, dudum spectant sive pertinent'. Damus etiam pro consideratione praedict', ac ex certa scientia & mero motu nostris per praesentes concedimus praefatis A. B. & I P. omnia & singula dominia, maneria, mesuagia, terras, tenementa, prata, pascua, pasturas, boscos, subboscos, redit', reversiones, seruic', decimas, advocationes, ac caetera omnia & singula praemissa superius expressa & specificata cum pertinentijs, adeo plene, libere, integre, & cum omnibus eisdem huiusmodi, & consimilibus libertat & immunitatibus quibuscunque, in tam amplis modo & forma, prout nuper Abbas dicti nuper Monaster de W. ac ultimus Abbas dicti nu ꝑ Monaster de A. aut eorum alter, aut aliquis vel aliqui praedecessores sui, in iuribus eorundem nuper Monaster, seu eorum alterius aliquo tempore ante dissolutionem, sive sursumred ditionem eorundem nuper Monaster●, seu eorum alterius, vel antequam nuper Monaster ill', seu eorum alterum ad manus nostras deuener̄, praedict' dominium, mesuagium, terras, tenement', decimas, advocationes, ac caetera praemissa, aut aliquam inde parcell' habuit, tenuit, vel gavisus fuit, habuer̄; tenuer̄, vel gavisi fuerunt, seu habere, tenere, vel gaudere debuit vel debuerunt, Et adeo plene, libere, integre, ac in tam amplis modo & forma, prout ea omnia & singula ad manus nostras, ratione vel praetextu alicuius chartae, doni, concession, confirmation, sive sursumredditionis per dictum nuper Abbat, & eorum nuper Conuent̄ dictorum nuper Monaster, sive eorum alter sub sigillis suis conventualibus, aut sub sigillo Conuentuali eorum alterius inde nobis confectarum, aut ratione vel praetextu alicuius actus Parliamenti, aut aliter quoquomodo devenerunt, seu devenire debuerunt, ac in manibus nostris iam existunt, seu existere debent vel debuerunt: Exceptis tamen semper nobis, haeredibus, & successoribus nostris omnino reseruat omnibus & singulis advocationibus, donationibus, praesentationibus, & iuribus patronat quibuscunque dicto dominio & manerio, & alteri praemiss. aut alicui inde parcell' quoquo modo spectant vel pertinentibus, praeter praedict' advocationem, donationem, praesentationem, & ius patronat Rectoriae & Ecclesiae de S. praedict'. Quae quidem dominium, manerium, mesuag', terrae, tenement', & caetera praemissa modo extendunt ad clarum annual' valorem etc. Habendum, tenendum, & gaudendum praedict' dominium, manerium, mesuag', terras, tenementa, prata, pascua, pasturas, boscos, subboscos, redditus, reversiones, seruic', decimas, advocationes, cur', & visus francipleg', haereditamenta, & caetera omnia & singula praemissa cum pertinentijs, (exceptis praeexceptis) praefatis A. B. & I P. haeredibus & assignatis suis imperpetuum, ad solum & proprium usum ipsorum A. & I ac haeredum & assignatorum suorum imperpetuum. Tenend' etc. (ut supra 386. b. Et ulterius etc. (ut supra 386. e.) praefat' A. & P. ac haeredibus & assignatis suis, quod ijdem A. & P. & haeredes & assignati sui, habeant, teneant, & gaudeant, aut habere, tenere, & gaudere valeant & possint infra praedict' dominium, manerium, mesuagia, terras, tenementa, ac caetera praemissa, & infra quamlibet inde parcell', tot, talia, tanta, huiusmodi, & consimil' cur', leet̄, visus francipleg', & omnia quae ad cur', leet̄, & visus francipleg' pertinent, seu imposterum spectare possint aut debent, fines amerciament̄, assisas panis, vini, & seruiciae, leberas warrennas, decimas, bona & catalla ●auiat̄, bona & catalla felon', tam de se, quam aliorum felon', fugitivorum, utlagat, attinct' seu conuict', wavias, extrahur̄, & alia iura, iurisdictiones, priuileg', libertat, franchiss. proficua, commoditat̄, emolumenta, & haereditamenta quae cunque, quot, qualia, quanta, & quae dict' nuper Abbas dict' Monasterij (an●e illud ad manu● nostras devenit) in praedictis dominio, manerio, & caeteris praemissis, aut in aliqua inde parcell', habuit, tenuit, & gavisus fuit, habuerunt aut tenuerunt praetextu alicuius chartae, doni, concessionis, sive confirmation, aut aliarum patentium, per nos, seu per aliquem progenitorum nostrorum praefat' nuper Abbati & nuper Conuent̄ dicti nuper Monaster de W. aut alicui vel aliquibus praedecessorum suorum quoquomodo fact' vel concess. aut ratione vel praetextu alicuius praescriptionis, usus, seu consuetudinis, antehac, aut aliter quoquo modo legitimo habit̄ aut usitat. Volumus etiam pro consideratione praedict' (ut supra 386. c.) praefat' A. & I P. haeredibus & assignatis suis, quod nos, haeredes, & successores nostri imperpetuum annuatim, & de tempore in tempus acquietabimus, exonerabimus, & indempnes conseruabimus, tam eosdem A. & P. ac haeredes, & assignatos suos, quam praedict' dominium, manerium, mesuagia, ●erras, tenementa, & caetera omnia & singula praemissa, & quamlibet inde parcell' cum pertinentijs universis, contra nos, haeredes, & successores nostros, & versus omnem aliam personam & personas quascunque, de omnibus & omnimodis corrodijs, redit', feodis, annuitatibus, pensionibus, porcionibus, denariorum summis quibuscunque de praedictis dominio & manerio, mesuag', terris, & tenementis, & caeteris praemissis, aut de aliqua inde parcella quoquo modo exeunt seu soluend', vel superinde onerat seu onerand', preterquam de reditu & seruitijs superius nobis & haeredibus & successoribus nostris per praesentes reseruat: Ac praeterquam de omnibus & singulis reditibus, oneribus & denariorum summis quibuscunque, quas aliquis firmarius vel firmarij praemissorum, aut alicuius, inde parcell' tenetur, seu tenentur solvere, aut quoquomodo onerantur solvere, seu facere. Volumus enim & per praesentes firmiter ●●iungend' praecipimus, tam Cancellario etc. ut supra Sect' 386. verbatim d.) praefat' A. B. & I P. ac haeredibus & assignatis suis facient, & de tempore in tempus fieri causabunt. Et hae literae nostrae etc. ut supra Sect 386. (*) Damus etiam pro consideratione praedict', ac ex certa scientia & mero motu nostris per praesentes concedimus praefat' A. B. & I P. omnia & singula redit', reversiones, & proficua quaecunque ad praedict' dominia, maneria, mesuag', terr', tenementa, ac caetera omnia & singula praemissa, ac quamlibet inde parcell' cum eorum pertinenti js universis, a festo Michael' archangeli ultim praeterit hucusque prouenient̄ sive crescent̄. Habend' eisdem A. B. & I P. ex dono nostro, absque compoto nostro, seu aliquo proinde nobis, haered', & successoribus nostris quoquomodo reddendo, soluend', vel faciend'. Volumus etiam pro consideratione praedict', ac ex certa scientia & mero motu nostris per praesentes concedimus praefatis A. B. & I P. quod etc. ut supra 386. c. Eo quod etc. ut supra 357. ●. c. Mutatis mutandis, ¶ A grant of the incorporation of a Town. ELIZABETH etc. Archiepiscop̄ etc. ut infra Sect' 391. a. Sect. 390. salutem. Sciatis etc. (ut supra 327. a.) quantum in nobis est, dilectis nobis hominibus & inhabitantibus infra villam de R. in comitatu nostro de H. quod villa illa sit villa incorporata de uno Ballivo & inhabitantibus infra villam pndictam imperpetuum. Et quod Balliws & inhabitantes infra eandem villam sint, & esse debeant unum corpus incorporatum, & una Communitas perpetua, iure & nomine, ac habile● & capaces in lege, habeantque successionem perpetuam. Et quod una psona deinceps de inhabitantibus infra villam predict' Balliws villae praedict' ad regimen eiusdem villae fiat. Ac nos tenore praesentium W. H. nostrum fidelem seruientem, ac unum inhabitant̄ infra villam predict', ac assignatos suos ꝓ termino nonaginta annorum immediate & proximo complend', Balliwm ac Ballivos villae pndict̄ nominatos, appunctuamus, & ordinamus, durant termino praedict'▪ Ac postea de Regiae nostrae potestatis plenitudine volumus, qd' v●●a persona de inhabitantibus villae pndictae, ad regimen eiuldem villae pro uno anno integro singulis annis in festo S. joh. Bap. in balliwm villae praedict', per homines ac inhabitantes dictae villae eligat, ac ordinetur in perperuum. Et quod idem Balliws & inhabitantes ꝑ nomen Ballivi & inhabitant infra villam de R. placitare possunt, & implacitari, in omnibus Curij●nostris, & alijs locis q●ibuscunq●e, habeantque sigillum commune ad negotia villae praed' agend' tractand'. Et ulterius ex abundantiori gratia nostra concessimus & licentiam dedimus, ac per praesentes concedimus & licentiam damus pro nobis & haeredibus nostris praed', quod ijdem Balliws & inhabitantes & successores sui imperpetuum habeant & teneant, ac habere & tenere possint unum Mercatum singulis septimanis apud villam nostram de R. pndict̄ quolibet die Sabat̄ annuatim tenend': Et unam Feriam ibidem per unum diem, viz. in festo Assumptionis beatae Mariae virginis singulis annis tenend' duraturum, cum curijs pedis puluerizat ibidem tenend', durant eisdem Mercat̄ & Fe●ia, una cum exitibus, proficuis, & amerciament̄ de hmodi mercatu, feria, & curijs provenientibus, ac cum omnibus libertatibus, & liberis consuetudin●bus, proficuis, & emolumentis, ad hmodi mercatum & feriam pertinentibus sive spectantibus. Quare volumus & firmiter praecipimus pro nobis & haeredibus nostris pndict̄, quod ijdem Balliws & inhabitantes infra villam de R. praed' imperpetuum habeant & teneant, ac habere & tenere possint praed' Mercatum & Feriam apud dictam villam nostram de R. praed' in forma praedict' tenendum, cum dicta curia pedis puluerizati, una cum omnibus exitibus, proficuis & amerciamentis de huiusmodi mercatu, feria, & curijs provenientibus, ac cum omnibus libertatibus, & liberis consuetudinibus, proficuis, & emolumentis ad huiusmodi mercat̄ & feriam pertinent sive spectantibus imperpetuum, His testibus etc. ¶ A grant of a Corporation by the King. HEnricus dei gratia etc. Omnibus ad quos praesentes literae pervenerint Sect. 391. salut. Inspeximus cartam Domini R. nuper Regis Angliae, progenitoris nostri factam in haec verba. Richardus dei gratia Rex Angliae & Franciae, & dominus Hiberniae, Omnibus ad quos praesentes literae peruenerint, salutem. Inspeximus cartam dni R. quondam Regis Angl' progenitoris nostri in haec verba. Rich. dei gratia Rex Angl', Dux Norman, Aquit̄, Com̄ And ' etc. (a) Archiepiscop̄, Episcopis, Abbatibus, Comitibus, Baronibus, Iustic', Vicecomitibus, Seneschall', Praepositis, & omnibus ministr̄ & fidelibus suis, salutem. Sciatis nos concessisse & praesenti Carta nostr' confirmasse Burgensibus nostris de D. socam suam de D. cum villa de D. Habend' & tenend' de nobis & haeredibus nostris per antiquam firmam que nunc temporis nobis reddebatur, & insu ꝑ viginti & quinque marcas argenticum antiqua firma reddend' nobis annuatim, ut inde nobis respondeant ad Scaccarium nostrum. Pro hac autem concessione nostra ipsi nobis dederunt etc. Quare volumus & firmiter praecipimus, qd' ijdem Burgenses nostri de D. praed' socam suam cum villa de D. praed' modo habeant & teneant bene & in pace, libere & quiet, integre, plenary, & honorifice, cum oimbus libertatibus, & liberis consuetudinibus ad eam pertin'. Ita qd' nullus eos super his disturbet. Testibus his, H. Cantuar Archiepo, R. Arch. Hereford', Will' de W. Osberto fil' H. Simone de P. Rich. bar, & pluribus alijs. Dat' per manum Magistr̄ E. tunc agent̄ vices Cancell' xxij. die M. apud T. anno 5. regni nostri. Nos autem dictas concession & confirmation praed' ꝓgenitor̄ nostri, ac oina & singula in carta sua praed' contenta rata habentes & grata, ea pro nobis & haered' nostris (quantum in nobis est) dilectis nobis nunc Burgensibus pnd' villae de D. & eor success. imperpetuu tenore pnsentium concedimus & confirmamus (ꝓut carta praed' rationabiliter testat) & prout ijdem Burgenses & antecessores sui hmodi socam rationabilit haber̄ & tenere consueuer̄. In cuius reitestim has lras nostras fieri fecimus patentes. Teste meip so apud West. 17. die D. ann regni nostr' quinto. (b) Inspeximus etiam quandam cartam dni E. nu ꝑ Reg. Ang. quarti ꝓgenitor̄ nostr' fact' in haec verba. Edw. dei gratia, Rex Ang. & Franc', & dns Hibern &c. (ut supra a.) Sciatis ex part dilector̄ nobis nunc Burgensium, tenentium, residentium, & inhabitantium villae de de D. in come E. accepimus qualiter ipsi a tempore non modico transacto nonnullas libertates & liberas consuetudines habuer, ac eis usi & gavisi fuerunt, prefat' Burgenses, tenentes, residentes, & inhabitant̄, metuentes sede & in hmodi libertatibus & liberis consuetudinibus ob defect' declarationis & expressationis earund', & alijs occasionibus futur' tempor molestari, praegravari, impediri, & ꝑturbari, nobis humillime supplicarunt quatenus libertates & liberas consuetudines pndict̄ sub verbis specialibus declaratis & expressatis eisdem Burgensibus, tenentibus, residentibus, & inhabitantibus, & eor baered' & successoribus in forma subsequenti concedere, & ipsos incorporare, et personas habiles & capaces cum successione perpetua facere dignaremur. Nos supplicationi suae in hac part favorabilit inclinati de gratia nostra speciali, ac ex certa scientia & mero motu nostris concessimus, & per pnsentes concedimus ꝓ nobis & haered' nostris, qd' dicta villa de D. liber burgus sit, & quod B●rgenses, tenentes, residentes, & inhabitantes eiusdem, & eorum haered' & success liberi Burgens. sint, & Gildam mercatoriam habeant, & eisd' libertat et liberis consuetudinibus gaudeant & utant in eodem Burgo, prout ipsi & eorum praedecessor̄ ante haec tempora rationabilit usi sunt & gavisi. Et quod ipsi extunc sint in re & nomine unum corpus & una Communitas perpetua. Et quod eadem Communitas singul' annis in quodam loco certo infra Burgum praed', ad libitum suum eligere possunt de ipsis unam idoneam personam in Maior̄, & duas alias idoneas personas in seruientes ad clavas eiusdem villae infra eandem villam commorant̄, ad regnand' & gubernand' Communit̄ praed' imperpetuu. Et quod' ijdem Maior & Communitas habeant successionem perpetuam & commune sigill' pro negotijs dictae Communitatis seruitur imperpet̄. Et similiter ꝙ idem Maior & Communit & success. sui, per nomen Maioris & Communitatis burgi de D. placitare, implacitari, ac respondere & responderi possunt cotam nobis vel haered' nostris, accoram quibuscunque Iustic' & judicibus nostris & haered' nostrorum & alior quorumcunque in quibuscunque curijs nostris vel haered' nr̄or̄, & in cur' alior quorumcunque, in & de omnimod' actionibus, sectis, quaerelis, & demandis versus eos, vel ꝑ eos aliquo modo ꝓsequend' vel impetrandis. (c) Et quod ipsi imperpetuu habeant & gaudeant oens & singulas libertates & liberas consuetudines quibus ante haec tempora Maior & Burgenses villae praed' usi fuerunt & gavisi, seu quibuscunque alijs nominibus censeantur. Et si hmodi Maior infra annum post hmodi electionem sic fact' decesserit, aut ꝓ non sana gubernatione Burgi praed', aut ꝓ aliquo delicto, vel aliqua alia causa quacunque ab officio Maioratus depositus vel amotus fuerit, adtunc Communitas Burgi pndict̄ & successores sui aliam idoneam personam in Maiorem burgi pndict̄ loco hmndi Maioris sic decedentis, depositi, vel amoti pro residuo anni illius ad eund' Burgum regend' & gubemand' infra quindecim dies ꝓxim̄ post huiusmodi decess. depositionem, sive amotionem eligere possint & creare: Et eisdem modo & forma fiat in omnibus de seruientibus ad clavas im ꝑpetuum cum casus exigerit. Et ulterius de uberiori gratia nostra concessimus, & per praesentes concedimus ꝓ nobis & haeredibus nostris prefat' Maiori & Communitati, & eorum haered' & successoribus, quod ipsi, haered', & successor' sui habeant im ꝑpetuum cognition̄ omnimodor̄ placitor̄ de debito, transgr̄, conuention̄, & de omnimodis alijs causis & contractitibus quibuscunque infra eundem Burgum contingent aut emergent, tenend' coram Maiore eiusdem Burgi qui pro tempore fuerit in eodem, tam in posentia nostra & haered' nr̄or̄, quam in absentia nostra & haered' nostrorum imꝑpetuum. Et qd' oina placita in Burgo pnd' emergent̄ siue de tenuris suis sive de contractibus, conuentionibus, tansgr̄, necnon de omnimod ' debit' ac alijs causis & contractibus quibuscunque seu vadimon̄ in eod Burgo factis seu accommodatis in Gilda aula in eodem Burgo coram Maiore eiusdem Burgi pro tempore existent placitentur & teneantur imper●etuum. Et insuper concessimus, & per praesentes concedimus praef. Maiori & Communitat, haered' & success. suis, qnod ipsi, haered' & success. sui per seruientes suos praedict' ad clavas habeant potestatem & authoritatem attachiand' quoscunque viros & mulieres minus sufficientes ꝑ corpora sua in quibuscunque placit debitor̄, compotorum, transgressionum, conuētionū, detention̄ catall', & aliar̄ action̄ personalium seu mixtarum quarumcunque infra Burgum praed' qualitercunque factor̄ sive emergentium, quae aliquo modo mota fuerint sive moveri contigerint coram Maiore Burgi praed' pro tempore existent. Praeterea de abundanti gratia nostra volumus, & per pnsentes concedimus ꝓ nobis & haered' nostris, qd' quilibet B●rgens. burgi pnd', qui extunc in Maiorem burgi illius eliget, & Maior ibidem extiterit vel fuerit ipso facto & quamcitius in Maiorem eiusd' burgi sic electus & praefect' fuer', sit extunc Coronator nostri & haered' nostrorum in Burgo pnd' durant tempore quo officium Maioratus Burgi praed' occupaverit. Et quod idem Maior burgiillius & success. sui Maiores ibid' habeant in Burgo illo potestatem, jurisdictionem, authoritat & libertatem faciend' & exercend' omnia & singula quae ad offic' Coronat ibidem pertinent faciend' & exequend', ꝓut caeteri Coronat nostri & haered' nostrorum infra regnum nostrum Angl' habuerunt & habere contigerint in futur'. Ita qd' nullo tempore futur' aliquis Coronat eiusd' regni nostri Angl', nisi Maior burgi pndict̄ pro tempore existent ad aliquod qd' ad officium Coronat in eodem burgo pertinet faciend' seu exequend' ingrediatur, nec sede aliquo in eo●em burgo color̄ offic' sui hmodi intromittat quoquo modo. Et quil bet hmodi Burgensis in Maiorem burgi pnd' exnunc eligend' immediate post hmodi election de se factam, sacramentum suum tam de fe & pro officio Maioratus Burgi pndict̄ ꝓ uno anno integro, aut aliqua part ann ut pmmittitur eligen● ', quam de & ꝓ officio Coronat nostri burgi praed' bene & fideliter faciend' infra Burgun praed' coram Communitate eiusdem burgi pro tempore existent presiat corporale. Ac eidem Communitati & successoribus suis quod ipsi & success. sin sacramentum illud a prefat' Maiore & Coronatore de tempore in tempus cum casus exigerit recipe●e possint tenore presentium licentiam dedimus specialem. Ita quod hmodi Maior pro tempore existens, ut Maior burgi, aut ●t Coronator noster eiusdem burgi ad sacr̄m Maioris vel Coronator burgi pnd' praestand' alibi quam infra eundem Burgum seu coram alijs quam coram communitate Burgi illius pro tempore existent nullo modo teneatur seu compellatur. (d) Et ulterius de abundanti gratia nostra concessimus & per praesentes concedimus pro nobis & haered' nostris praefat' Maiori & communitati burgi praed' & successoribus suis quod idem Maior & successores sui imperpet●um habeant retorna omnium brevium, mandator, prae ceptorum & b●llarum nostrorum & haered' nostrorum, necnon omnimod' summonition̄ de Scaccar̄ nostro & haered' nostrorum & aliorum extractuum quorumcunque exequend' infra Burgum praedict' tam ad sect' nostram & haered' nostrorum per nos vel haered' nostros solos, seu nos vel haered' nostros coniunctim cum alijs personis vel alia persona, quam ad sectam alterius cuiuscunque prosequendor̄ omnimodas executiones brevium mandator praeceptor̄ billar̄ summonitionum & extractuum praedictor: Ita quod nullus vicecomes, Coronator, Eschaetor, Balliws aut alius minister noster, vel haered' nostrorum Burgum prae dictum ingrediat̄ ad aliquod officium ibidem faciend' nisi in defectu ipsius Maior vel successorum suorum. Et insuper etc. (ut supra verbae●imd.) & successores sui habeant & teneant imperpetuum unam feriam apud dictum Burgum de D. singulis annis in vigilia & in festo & in crastino Annunciationis beatae Mariae virginis tenend' & per eosd ' tres dies duratur cum omnibus libert̄ & liberis consuetudinibus ad huiusmodi feriam pertin' nisi feria illa sit ad nocumentum vicinarum feriarum. Quare volumus & firmiter praecipimus pro nobis & haered' nostris praed' qd' praefat' Maior & Communitas & successores sui praedicti habeant & teneant feriam praedictam apud Burgum praedictum in forma praedicta cum omnibus libertatibus & liberis consuetudinibus ad hmodi feriam pertinent, nisi feria illa sit ad nocumentum vicinarum feriarum, sicut praedictum est. Et praeterea de gratia nostra speciali concessimus & per praesentes concedimus praefat' Maiori & Communitati & successoribus suis quod idem Maior & successores sui sint Iusticiar' ad custod' pacis nostrae infra Burgum praedictum conseruand'. Et quod idem Maior & successores sui praedict' habeant imperpetuum huiusmodi authoritatem & potestatem infra eundem Burgum ad pacem nostram & haered' nostrorum tantum conseruand' & non aliter prout caeteri Iustic' siue custod' pacis nostrae in hac part in aliquo Comitat regni nostri Angl' in eodem Com̄ habeant & habuerunt. Quare volumus & firmiter praecipimus pro nobis & haer̄ nostr' praedict' quod prefat' Maior & Communitas Burgi praed' ac eor haeredes & successor' omnia & singula hmndi libertat, consuetudines, Franchesias & priu●legia ac omnia alia praemissa prout superius express. est habeant teneant & exerceant, ac eis & eor singulis plene l●bere integ. pacific' & quiet imperpet̄ gaudeant & utant absque impetitione, impedimento, perturbatione, molestatione, vexatione, seu gravamine nostri vel haered' nostrorum praedict' aut aliquorum aliorum officiariorum seu ministr̄ nostrum vel haered' nostror aut alior quorum cunque. Eo quod expressa mentio de vero valore annuo praemissorum seu aliquo alio valore eorundem aut alicuius inde parcellae, aut de alijs donis seu concessionibus eisdem Maiori & Communitati & successoribus suis aut Maiori & Burgensibus dictae villae de D. & successoribus suis aut aliquibus praedecessorum suorum & successoribus suis per nos vel per progenitor̄ seu prae decessores nros ante haec tempora fact' in prae sentibus minime fact' exist it. Aut aliquo statut', actu, ordinat, seu prouisione in contrarium fact' edit' ordinat sive provis. non obstant. His testibus etc. W. & alijs xxx. die O. anno regni nostri septimo. Inspeximus insuper quandam Cartam domini H. nuper regis Angl' Progenitoris nostri fact' in haec verba Henric' etc. (ut supra b) Omnibus ad quos p̄sent̄ literae pervenerint, salutem. Inspeximus literas patentes domini R. nuper Regis Angl' secundi post conquestum factas in haec verba. Richardus (ut supra b) Omnibus ad quos praesentes literae pervenerint, salutem, (e) Inspeximus cartam dni R. quondam Reg. Angl' progenitoris n●̄i in haec verba. Richardus (ut supra a.) salutem. Sciatis nos concessisse et praesenti carta nostra confirmasse etc. (ut supra verbatim a. donec venias ad literam b.) Inspeximus etiam quasdam alias literas patentes cuiusdam Petri de Manlay quondam domini de Mulgrene sigill' suo armorum sigillat̄ similiter factas in haec verba. Sachant toutz yceux que cestes letters verrent ou oyront, que ieo Piers de Manley le quint Seignior de Mulgreene, ay releas & quite claim̄ auribien as pouers come as riches de la commonalty de la v●lle de D. la mannoise custom levy de mesme la ville devant ceur heures ꝑ mes ancestors, la quel nous solaynes resceiuer de touts manners regrators de mesme la ville. s. Pestors, Bracoresors, Bochiers, Peschous, & Estewes, & de tout altre maner regraterie: Issint que ieo auan●dit Piers ne nul de mes heire● au cel custom au●̄t●it nul claim ne mettrons. En tes●no ignance de quel chose a cest letter patent ay ieo mis mon seal. Don a D. Ieoued prochein apres le quinizen de S. Michael an du reigue le Roy Ed. tierce apres le conquest quint. (*) Nos autem Cartas & literas praedict', ac omnia & singula in eisdem con●enta rat̄ habentes & grat̄, ea pro nobis & haered' nostris (quantum in nobis est) acceptamus & approbamus, & dilectis nobis nunc Maiori & Burgensibus & Commit̄ predict' villae de D. & eorum successoribus tenore praesentium ratificamus & confirmavimus, ꝓut Cartae & literae predict' rationabiliter testantur, & prout ijdem nunc Burgenfes franchesijs, libertatibus et quietantijs in literis predict' contentis uti & gaudere debent, ipsique & eorum antecessores f●anchesijs, libertatibus, & quietantijs hmndi a tempore confectionis literarum p̄dictarum semper hactenus rationabiliter uti & gaudere consuerunt. In cuius rei testimon̄ has literas nostras fierifecimus patentes. Teste meipso apud West. 18. die M. anno regni nostri 23. Inspeximus praeterea quandam cartam dni H. nu ꝑ Regis Angl' septimi patris nostri fact' in haec verba. Henticus (ut supra e.) Sciatis etc. (ut supra Sect' 327. a.) Maiori & Communitati villae nostrae de D. & eorum successoribus manerium, villam, dnium, & socam de D. cum oimbus villis, villatis, hamlettis, & membris suis quibuscunque, ac omnia & singula messuag', terr', tenementa, redditus, reversiones & seruic', mariscos, advocationes ecclesiar̄ Cantariarun & Capellarun possessiones & haereditamenta nostra quae cunque infra predict' manium, dnium, villam, & socam de D. ac infra praed' alias villas, villatas, & membra existent, una cum curijs, letis, vis. francipleg', aquis, molendinis, introitu & exitu aquarum ibm', ferijs, mercatis, tolnetis, picagijs, stallagijs, pontagijs, passagijs, ac oimbus & singulis proficuis, commoditatibus, & emolumentis quibuscunque praed' manerio, dominio, villis, villatis, & caeteris pmmissis, aut eorum alicui qualitercunque pertin' sive spectant, aut infra pcinctum eorundem vel eorum alicuius ubicunque existent, vel ad nos, haeredes et successores nostros qualitercumque pertin' seu nuper pertin', prout nos ea omnia & singula pmmissa vel eorum aliquod habemus, seu nos, ꝓgenitores, aut praedecessores nostri aliquo tempore praeterito hucusque habuimus, vel de iure habere debuissemus, Necnon oina & singula exitus reversiones, & proficua de predict' Curijs, vis. francipleg', aquis, molendinis, ferijs, mercatis, tolnetis, picagijs, stallagijs, pontagijs, passagijs, & caeteris praemissis, seu aliquo p̄missorum, quoquomodo prouenient sive emergent. Habend' & tenend' praedict' manerium, dominium, socam, villas, villatas, & caetera praemissa cum eorum membris & pertinent' universis, a festo Paschae ultimo praeterito prefat' Maiori & Communitati, ac eorum successoribus de nobis & haeredibus nostris ad feodi firmam imperpetuum: Reddend' inde pro omnibus & singulis in praesentia specificat praef. nunc Maiori & Communitati concessis annuatim nobis, haered', & successoribus nostris septuaginta & quatuor libras tresdecim solidos undecim denarios & obolum ad Scaccar nostrum, ad festa S. Mich. Arch. & Pas. per aequales porciones soluend' absq●e compoto vel aliquo alio onere vel redditu sine aliquo alio inde nobis, hered', vel successoribus nostris, ꝑ ipsos Maiorem & Communitat aut successores suos quovismodo reddend', soluend', seu faciend'. Et ulterius nos de vbe●iori gratia nostra pro nobis, haered', & successoribus nostris concessimus, & per pnsentes concedimus praefat' Maiori & Communitati ac successor●bus suis, quod ijdem Maior & Communitas et successores sui in ꝑpetuum habeant & teneant bis in quolibet ann singulis annis inperpetuum unam Letam sive vis. francipleg' infra dicta manerium, dnium, villas, villatas, & caetera pmmissa coram Seneschall' sive Recordatore Maioris & Communitat eiusdem villae pro tempore existent, aut eius deputato sive deputati● sufficientibus, secundum legem & consuetudinem regni nostri Angl' ibid' bis ꝑ annum tenend', et qd' habeant emend' assisae panis & seruiciae ac alior' victualium venalium quorumcunque, Necnon correctionem & punitionem eorund' & cuiuslibet inde ꝑcell', ac totum & quicquid ꝙ ad letam vel vis. francipleg' pertinet aut pertinere debet aut poterit. Et etiam quod pndict̄ Maior & Communitas & successores sui habeant oina exitus, & proficua perquisitiones, fines, penas, redemptiones, forisfacturas, & amerciamenta in oimbus & singulis hmodi letis sive francipleg' forisfaciend' vel assidend': Necnon Wayf, Stray, Infangthef, & Outfangthef, infra manium, dominium, socam, villas, villatas, & caetera praemissa & p̄cinct' eorund' & eorum cuiuslibet emergent sive contingent. Et etiam bona & catall' omnium & singulor' felon' & felonum de se, ac bona fugitivorum conuictorum & attinctorum, necnon bona & catalla utlagatorum & damnatorum, & Wreccum matis (cum acciderit) ac bona & catalla quaecunque confiscat̄ infra manerium, dnium, socam, villas, villatas, & caetera pmmissa, ac praecinct' eorundem & cuiuslibet eorundem inuent' seu inueniond' imperpetuum. Et ulterius (ut supra f.) & hac praefe●ti carta nostr' confirmavimus pro nobis, haered', & success. nostris predict' praef. Maiori & Communitati & successoribus s●is quod ipsi & eor' successores habeant & teneant duo mercata & quicquid ad mercatum pertinet seu pertinero debet aut poterit infra praed' manerium, dominium, & villam de D. vel aliquam parcell' eorundem qualibet septimana Engulis●annis inꝑpetuum modo et forma sequen, videlicet ꝙ ipsi & s●ccessor' sui ●abeant et teneant v●um mercatum dictorum duorum mercator quolibet die Sabbati, & alter̄ mercat̄ eorundem duorum mercat̄ quolibet die Martis ibidem tenend' imperpetuum. Et insuper quod ijdem Maior & Communitas & successores sui, habeant & teneant annuatim imperpetuu duas Ferias sive Nundinas infra praedict' manerium, dominium, & villam de D. & praecinct' eorundem, vel eorum alicuius, et quicquid quod ad feriam sive nundinas pertinet, seu pertinere debet aut poterit: unam videlicet feriam sive nundinas p̄dictarum duarum feriarum sive nundinarum, tenend' apud dictam villam de D. singulis annis ꝑ tres dies, videlicet, in vigilia & in die Sancti jacobi Apostoli, & in crastino die immediate sequent duratur: Alteram vero feriar' sive nundinarum pndict̄ duarum feriarum sive nundinarum, tenend' apud predict' villam de D. annuatim imꝑpetuum, in vigilia & in die Annunciationis beatae Mariae virginis, & in crastin̄ die immediate sequent similiter duratur, cum libertatibus, & liberis consuetudinibus, proficuis, revencionibus, advantagijs, commoditatibus, et emolumentis ad hmodi mercatum, ferias, sive nundinas qunovismodo pertin' sive spectant, Dum tamen feriae sive nundin̄ & mercat̄ illa non sunt ad nocumentum aliorum vicinorum mercat̄, sive aliarum vicinarum feriarum sive nundinarum. Quare volumus, concedimus, & firmiter praecipimus ꝓ nobis, haered', et successoribus nostris ꝑ praesentes, quod predict' Maior & Communitas & successores sui habeant & teneant Mercatum & Ferias sive Nundinas pndictas apud dictam villam de D. ut praedictum est singulis annis imperpetuum, cum omnibus libertatibus & liberis consuetudinibus, necnon oimbus & singulis proficuis, reventionibus, advantagijs, commoditatibus, & emolumentis ad huiusmodi Mercatum, Ferias, sive Nundinas, sive eorum aliquod quoquo modo pertinent sive spectant, dum tamen mercatum, feriae, sive nundinae illae non sint ad nocumentum vicinorum mercat̄, feriarum, sive nundinarum. Et ulterius (ut supra f.) quantum in nobis est tenore presentium, quod ijdem Maior, et Communitas, et successores sui, faciant, habeant, & constituant de tempore in tempus imperpetuum ad eorum placitum, per literas suas patentes, sigillo suo communi sigillatas, unam idoneam personam esse Seneschall' sive Recordat ip sorum Maioris & Communitat, et successorum suor' predict' manerij, dominij, et socae de D. ac cur', letar̄, visus francipleg' pndict̄, & caeterorum pmmissorum: Habend', exercend' & occupand' officium Seneschall' manerij, dnij, & socae illorum, ac cur', let̄, & visus francipleg' praed' per se, vel per deputatum sive dcdeputatos suos suffici tes, ad terminum vitae vel annorum, seu ad voluntatem ipsorum Maioris & Communitat, & successorum svorum, prout eis melius videbitur expedire. Et quod praedict' Maior & Communitas, & successor' sui, habeant & teneant unam Cur' qualibet septimana imꝑpetuum singulis septimanis, viz. quolibet die iovis imperpetuum in Guildhalda praedict' villae de D. omnia & omnimod' placita, actiones, & quaerelas, tam reales quam psonales & mixtas, coram Maiore praedict' manerij, dominij socae de D. ac caeterorum p̄miss. pro tempore existent, ac coram Seneschall' sive Recordatore Maior & Communitat manerij, dnij, & socae illorum, ac caeterorum pmmissorum, vel deputato sive deputatis suis sufficient̄, secundum legem & consuetudinem Regni nostri Angl', audiend' & terminand' ꝑ breve sive bria nostra haered' vel successorum nostrorum quecunque, sive quaerelam aut quascunque quaerelas, ac jurisdictionem & potestat cognoscend', audiend', & terminand', coram quocunque hmndi Seneschall' sive Recordatore, seu eius deputato sufficiente, aut eius deputatis sufficientibus, omnes & omnimod' actiones, sectas, quaerelas, et demand reales, personales, et mixtas, tam de oimbus et singulis terr' & tenntis infra pndict̄ manner, dominium, villam, & socam de D. aut eorum membris cum pertin', ac p̄cinct' eorundem, vel alicuius eorum existent, quam de, & in omnibus et omnimod' debitis, ad quamcunque summam aut quascunque summas se attingunt, ac de, et in omnibus transgressionibus, debitis, detentionibus, compotis, conventionibus, deceptionibus, contractibus, causis, et demandis, ac materijs quibuscumque infra manner sive dominium, villam & Socam de D. ac caetera p̄miss. seu praecinct' eorundem, seu alicuius eorund' emergent̄ siue cōtingent̄. Et ꝙ Curia illa sit cur' de Recordo, quodque quilibet hmndi Senesch. sive Recordator pro tempore existent, et quilibet deputat' cuiuscunque hmndi Seneschall' sive Recordatoris habeant plen̄ potestatem et aucthoritatem tenend', audiend', et terminand' placit et q̄relas illa, secund' debitam legis formam, et procedend' ad judicium, in, & su ꝑ eisdem et facere inde executiones, prout legi nostr' concinit aut consuevit. Et quod idem Maior & Communitas, et successor' sui constituant & hēant, ac constituere et habere possint, unum aut duos seruientes ad Clavam inf●a manerium et dnium, vill' et socam de D. praed', ac caetera p̄miss. ad attend' su ꝑ Maiorem villae pnd' pro tempore existent: Et ad faciend' & exequend' summon̄, distriction, et attach. ac alia praecepta Cur' praed', tam ꝑ corpus quam aliter infra pnd' dominium, manerium, villam, et Socam de D. et caeter praemiss. & praecinct' eorund', virtute warranti sive praecept̄, ac cuiuscunque processus aucthoritate supradict', vel aliter infra pnd' manner, dominium, villam, & Socam de D. & caetera praemissa, ac praecmct' eorundem, vel eorum alicuius, eye aut eorum alteri direct' siue dirigen' Concedimus insuper praef. Maiori & Communitati & Successor̄ suis, ad eorum usum & opus propria per pnsentes, omnia & singula exitus, proficua, fines, amerciamenta, & alia emolumenta quaecunque in Curis praedict', sive ratione Cur' illius per quamcunque causam contingent absque compoto seu aliquo alio inde nobis, haered' vel successoribus nostris, reddend', soluend', seu faciend'. Concessimus etiam p̄s. Maiori & Communitati, ac successor' suis, quod Maior villae praedict' pro tempore existent, ac Seneschall' sive Recordat eiusdem villae pro tempore existent, ac tres Aldermani eiusdem villae, per Maiorem & Seneschall', sive Recordatorem villae illius ad hoc clect', sint Iustic' & custodes pacis nostrae, haered' & successorum nostrorum infra praedict' manerium, dominium, villam, & socam de D. praed', ac caetera pmmissa ac praecinctum eorundem. Et quod ijdem Iustic', vel duo eorum, quorum praef. Seneschai' siue Recordator pro tempore existent, sem ꝑ sit unus, plenariam habeant potestat & authoritatem ad pacem nostram haered' vel successorum nostror conseruand'. Necnon omnia ordinationes & Statuta facta & fiend' pro bono pacis nostrae, haered' & successorum nostrorum, ac quieto regimine & gubernatione populi nostri, haered' & successor' nostror, in omnibus & singulis suis articulis, infra praed' manerium, dominium, villam, socam, de D. praed', & caetera pmmissa, & praecincta eorundem, juxta vim, formam, & effectum eorumdem statutorum & ordinationum custodiend' & custodiri faciend', & ad omnes illos quos contr̄ formam & ordinationem statutor praed' venerint aut fecerint, secundum legem terrae puniri faciend'. Et omnes illos qui aliquibus de populo nostro, vel haered' seu success. nostror de corpor suis, vel de incend' dom̄ suar̄ minas fecer̄, ad sufficient̄ securitat de pace & bono gestu suis, erga nos & populum nostrum, haered' & success. nr̄or̄ inueniend' cor eis venire, & si hmndi securitat invenire recusaver, tunc eos in prison̄ nostram haered' vel success. nror infra pnd' vill' de D. quousque hmndi securit invenerint, saluo custod' faciend'. Ac oens materias, quaerel', defect', causas, & alia quaecunque infra dict' man, dnium, vill', & socam de D. & p̄cinct' eorund' imposter̄ ꝑpetrat sive contingent, adeoplene & integr̄ inquirend', audiend' & terminand', ꝓut custod' pacis nostrae, haered' & successor' nostror, ad pacem in aliquo come Angl' conseruand' assign', virtute ordinat & statutor pnd', ac lrarum nrarum praedict' patenc' destitui aut destituend' terminare debent & solent seu debebunt, per Maiorem & seneschal' sive recordat & h●iusmodi tres Aldermanos dict' villae de D. pro tempore existent, vel duos eorum, quor dict' Seneschall' sive Recordatorem pro tempore existent unum esse volumus inquirant & terminant saecundum legem & consuetudinem Regni nostri Angl', & iuxtaformain ordinationum, & Statutorum praedict': Ita quod custodes pacis nostrae, haered' vel successorum nostrorum ad hui●smodi felonias, transgr̄ & malefacta in Com̄ praed' fact', perpetrat̄, fiend', siue ꝑpetrand', audiend' & terminand', assign' vel assignand' infra praed' manerium, dominium, villam & socam, seu caetera praemissa, aut pcinctum praed', ad aliquod quod ad custodes pacis nostrae, sive Iustic' hmodi ibid' pertinet faciend', non ingrediantur, nec se in aliquo intromittant. Sciatis insuper, quod nos de gratia (ut supra f.) prefat' Maiori & Communitati & successoribus suis predict', quod omnia & singula brevia, praecepta, warrant', summ̄, attachiamenta & mandara per Maiorem, sive per Maiorem & Communitatem, aut ꝑ Seneschall' sive Recordatorem praedictor manerij, dominij, ville, & Socae de D. aut eorum aliquem pro tempore existent, aut per deputat' Seneschall' sive Recordatoris manerij, villae, & Socae illor̄ ꝓ tempore existent concedend', vel extra Cur', sive visus francipleg' predict', ꝓ aliqua materia, re, vel causa quacunque emanantia seu ꝓsequend', aut per praefat' Custodes sive Iustic' pacis predict' manerij, dominij, villae, & Socae de D. seu eor aliquos vel aliquem concedend' vel extra aliquam Sessionem, coram eis sive eor aliquibus, vel aliquo tenend' pro aliqua materia, re, vel causa quacunque emanantia ꝓsequend' vel dirigend', seruient̄ ad Clavas praedictorum manerij, dominij, ville, & Soce de D. ꝓ tempore existent, seu eorum alicui, juxta juris exigentiam dirigantur, & per eosdem seruientes ad clavas, seu eor aliquem juxta vim, formam, & effectum bre●ium, p̄ceptor̄, warrantor●m, & mandatorum debite exequant & retornentur: Ita quod n●llus Vicecomes comit' nostri, haered' vel successorum nostrorum com̄● borum, vel aliquis alius Officiarius seu Ministr̄ nostr', haered' vel successorum nostrorum, neque aliquis alius, nisi tantummodo seruient̄ ad clavas, aut eorum aliquis pro tempore existent in neg. praedict' Maioris & Communitatis, & successorum svorum in nullo se intromittat, aut intromittant quoquo modo. Et quod omnia & singula huiusmodi brevia, praecepta, warranta, summ̄, attachiament̄, & mandata per huiusmodi seruientes ad clavas, seu eor aliquem execut seu retornat eiusdem vigoris & effectus in lege existant, ac si eadem brevia, praecepta, warranta, summ̄, attach, & mandata vicecomitibus nostris, haeredum vel successorum nostrorum praedict' Com̄ Ebor' pro tempore existent, aut alicui alij Officiorum seu Ministror' nostrorum, haeredum aut successorum nostrorum direct', ac per huiusmodi Vicecom, Officiar, seu Ministros, aut eorum aliquem execut & retornat fuissent. Concessimus etiam de uberiori gratia nostra eisdem Maiori & Communitati, ac successoribus suis, quod ipsi & successor' sui habeant retornum, ac plenum retornun omnium & singulorum bre●ium, praeceptorum, warrant', summ̄, attachiament̄, & mandatorum nostrorum, haered' & successorum nostrorum, ac summ̄, attach. & districtiones Scaccar●j nostri. haered' & successorum nostrorum, & executiones eorundem infra manerium, dominium, villam, & socam de D. & caetera praemissa, ac p̄ci●ctum eorundem, coram nobis aut haered' vel successoribus nostris, vel aliquibus Iusticiar' nostris, haered' vel successor' nostrorum retornand', tam ad sectam nostr' haered' & successor', quam ad sectam alterius cmuscunque, sive aliquorum quorumcunque prosecut vel prosequend' seu retornand': Ita quod nullus Vicecomes, aut alius Balliws, seu Minister noster, haered' vel successorum nostrorum, manner, dominium, villam, & socam de D. predict', & caetera praemissa, vel p̄cinct' pndict̄ aliquo modo ingrediatur ad huiusmodi brevia, praecepta, warranta, summ̄, attachiamenta, sive mandata, aut summ̄, attachiament̄, seu districtiones Scaccarij pndict̄, infra maner', dominium, villam, & socam illam, sive praecinctum praedict' faciend' siue exequend', nisi sit in defectu ipsorum Maioris & Communitatis, & successorum suorum. Et ulterius concedimus praefat' Maiori & Communitati, quod ipsi & successores sui habeant Gaolam in loco competent, infra praecinctum dict' villae de D. pro quibuscunque personis, ꝓ quibuscunque felonijs, transgress. malefact', & alijs materijs in causis quibuscunque arrestand' siue attachiand', sive eidem Gaol' committend' ibidem secundum legem nostram, saluo & secur̄ imprisonand' & custodiend'. Eo quod etc. ut supra 357. Et volumus & concedimus per praesentes, quod omnia & singula praemista fiant & liberentur prefat' Maiori & Communitat & successor' suis, sub magno sigillo nostro, absque fine vel feod', sive aliquo alio inde nobis, haered', vel successoribus nostris in Cancellar' nostra aut in hanaperio Cancell' nostrae, seu alibi quoquo modo faciend' vel soluend'. In cuius rei testimoni●m has literas fieri fecimus patentes. Teste meipso apud Westm xiv. die lan̄, anno regni nostri vicesimo. Nos autem etc. verbatim ut supra. ¶ A special Livery and Ouster le main. ELizabeth etc. Sciatis etc. & licentiam dedimus, ac ꝑ pnscntes concedimus Sect. 392. & licentiam damus pro nobis, haered', & successor' nostris quantum in nobis est, dilecto & fidel' subdito nostro R. W. fratri & proxim' haered' M. W. armig' defuncti, (Qui quidem M. W. de nobis tenuit in capite die quo obijt, per seruitium Militar) quocunque nomine, cognomine, sive additione nominis idem R. W. nominat sive nuncupat. qd' idem R. W. incontinent absque alia ꝓbatione aetatis suae, & absque aliqua alia liberatione seu ꝓsecutione haereditat suae, vel alicuius inde parcell' extra manus nostras, haered' vel successor' nostror, secund' cursum Cancell' nostrae, vel secundum legem & cursum Cur' nostrae Wardor & liberac', vel legen terrae nostrae Angl', seu aliquo alio modo prosequend' in oina & singula dnia, mania, mesuag', terr', tennt, reversiones, faeod' firm, villat, hamlet, annuitates, reddit', seruic', hundred ', officia, prat, pasc', pastur', moras, mariscos, brewer, tolnet, customar, vis. franc' pleg', cur', eschaet, ballivas, libertat, franches. warren, vivar, stagna, molendina, feod' Milit, advocationes, & patronat Ecclesiar, vicariar, capellar, & nominationes ad easden: Ac oina & singula alia possessiones, reventiones, & haereditament quaecunque, cum eorum iuribus, membris, & pertin' universis infra regnum nostr' Angl', Walliae, aut Marchias eorund', quae fuerint praed' M. W. & de quibus idem M. W. aut aliquis, vel aliqui antecessor pnd' R. W. cuius haeres ipse est, fuit, aut fuerunt possessionat, vel seisit in dnico suo ut de feod', aut in feod', qualitercunque talliat̄ in dnico vel aliter, diebus quibus se ꝑatim obierunt, aut die quo eorum aliquis obijt, vel de quibus aliqua persona seisit fuit, aut aliquae personae seisit fuer' coniunctim vel se ꝑatim, ad usum pnd' M. W. seu aliquor antecessor pnd' R. W. cuius vel quorum haeres ipse est, in dnico suo ut de feodo, aut in feod', qualitercunque talliat̄ in dnico, vel aliter ad usum dict' M. W. aut aliquorum haered' svorum, vel ad usum aliquorum talium antecessor, aut talis antecessoris & haered' talium antecessorun, aut talis antecessoris diebus quibus se ꝑatim obierunt, aut die quo eorum aliquis obijt, Et que per, sive post mortem ipsius M. W. aut alicuius antecessoris, aut aliquorum antecessorum pnd' R. W. cuius haeres ipse est aut aliquo alio modo ad manus nostras devenerunt, seu devenire debuerunt, aut deberent, aut in manibus nostris iam existunt, aut existere debent vel debuerunt quae pref. R. W. in possessione, recuperation, vel in usu discendere, revertere, remanere, ꝑtiner seu spectar debent vel deberent, licite & impune ingredi, intrare, & seisire possit. Ac ea oina & sinngula praef. R. W. & haered' sui, prout ipse in eisden post mortem praed' M. W. aut aliquorum antecessor predict' R. W. cuius vel quorum haeres ipse est haereditar̄ extitit in possessione, reversione, aut in usu, seisire, habere, tenere, possidere, & gaudere possit & valeat erga nos, haered', & success. nros, absque aliqua alia liberatione seu ꝓsecutione eorund' seu alicuius inde ꝑcell' extra manus nostras, secundum cursum Cancellar' nostrae pndict̄, aut legem terr' nostrae, seu aliquo alio modo per pndictas personas, seu per earum aliquam prosequend' vel impetrand'. Nolentes quod pfatus R. W. nec haered' sui, nec pndictae quaecunque personae, sive quaecunque persona, de aliquibus dominijs, manerijs, terr', tenementis, & caeteris praemissis, ad usum (ut praemittitur) seisit vel seisit, existent vel existent, ratione ingressus sive occupationis & retentionis pndict̄ ꝑ ipsos, seu per eorum aliquem fact, aut habit, fiend' & habend', per nos, haered', seu successores, Iusticiar', Escaetor', Vicecom, Receptor, Ballivos, vel Ministros nostros, haered' vel successor' nostr' quousque molestent, inquietent, vexent, distringant in aliquo, seu graventur, nec eorum aliquis molestetur, inquietetur, vexetur, perturbetur, distring atur in aliquo, seu gravetur. Nec quod ijden Iusticiar', Escaetor, Vicecomit, Receptor, Ball', & ministri nostri, haered' vel successorum nostr', nec eorum aliquis in pndicta dominia, maneria, terr', tenement', & caetera praemiss. cum pertin' sive aliquam inde parcell', pro nobis, seu nomine nostro se intromittant, vel eorum aliquis intromittat, Sed quod nos, haered', & successores nostri, quoad seisiend' & capiend' in manus nostras pndict̄ dominia, maneria, terras, tenement', & caeter praemissa cum pertinent, sive aliquam inde parcell', ratione alicuius nostri tituli, clameis, vel interest, quod vel qui nobis, haered', & successoribus nostris pndict̄, per, sive post mortem dicti M. W. vel alicuius alterius antecessoris, sive aliquorum aliorum antecessor pndict̄ R. W. cuius vel quorum ipse haeres est, aut alicuius alterius personae, sive aliquar aliarum personar, de aliquibus dominijs, manner, terr', tennt ad usum supradict' seisit vel seisit, nuper existent vel existent, accidit, competit, seu evenit, aut accidere, competere, vel evenire poterit, sumus exclusi imperpetuum ꝑ praesentes. Et qd' idem R. W. & haered' sui, erga nos, haered', & successores nostros pro pmmissis, & qualibet inde parcell' quiet' & exonerat existent, & eorum quilibet quiet' & exonerat existet imperpetuum per praesentes. Et praeterea pro nobis, haered', & success. nostrs concedimus per praesentes praefato R. W. necnon pndictis quibuscunque alijs personis, & cuicunque alij personae de aliquibus dominijs, manerijs, terris, tenementis, & caeteris praemissis cum percinen, ad usum superius recitat seisit nuper existent, vel existent, quod ipsi habeant, & quilibet eorum habeat de tempore in tempus, tot & talia brevia, mandat, ac warrant' nostr' sufficient Iusticiar' nostris, Baronibus nostris de Scaccario nostro, Eschaetoribus, Vicecomitibus, Receptoribus, Ballivis, & Ministris quibuscunque, & eorum cuilibet dirigend' quot & qualia eyes & eorum cuilibet pro exoneratione sua, versus nos, haered' & successor' nostros, in ea part necessaria erunt & opportuna. * Et ulterius de b eriori gratia nostr' damus & concedimus prefat' R. W. necnon praedictis quibuscumque alijs personis, & cuicunque alij personae de diversis manerijs, terris, tenntis, & caeteris praemissis cum pertinent ad usus superius recitat seisit vel seisit existent, quod huiusmodiingressus, seisina, possessio, perceptio, & occupatio, de, & in diversis manerijs, terr', tenement', & caeteris praemissis cum pertinent, & qualibetinde ꝑcell' per dictum R. W. aut per praedictam quamcunque aliam personam, aut quascunque alias personas, de divers. manner, terr', tenement', & caeteris pmmiss. sive aliqua inde parcell', authoritate harum concessionis & licentiae nostraru fact' & habit, fiend' & habend', sit eyes & eorum cuilibet, & haered' suis, ac haered' eorum cuiuslibet, prout ipse in eisden haereditabil' ut praefertur extitit, adeo bonae, validae, & efficaces, ac tanti vigoris & effectus in lege, ac si eadem dominia, maneria, terr', tenement', & caeter praemiss. cum suis pertinent & quaelibet inde ꝑcell' in manus nostras debito modo capt' & seisit fuissent. Ac idem R. W. & quaecunque aliae personae, & quaecunque alia persona de aliquibus divers. manner, terris, tenntis, ad usum ut pmmittitur, seisit vel seisit, existent vel existent debitam liberationem eorunden dominiorun, maneriorun, terrarum, tenntorum, & caeterorun praemissorum cum pertinent extra manus nostras, secundum cursum Cancellar nostrae praed', & secundum legem terrae nostrae, rite & debit' prosecut fuissent: Ac nobis de omni eo quod ad nos in ea part pertinet, seu pertinere possit, debet, aut deberet, satisfact' fuissent & contentat qua negligentia, omission, misprision, errore, repugnantia, contrarie●at̄, aut aliquo alio defectu quocunque limitat vel limitand', assignat' vel assignand' in aliquo non obstante: Homagio tamen & fidelitat pnd' R. W. nobis in hac part debit' seu debend' semper nobis saluis & reseruat. Et ulterius (ut supra *) praef. R. W. oina & singula exit, redd', ꝓficua, reventiones, & emolument quaecunque omnium & singulorum predictorum dniorum, maneriorun, terrarum, ten̄torum, & caeterorun praemiss. & c●uslibet inde parcell', cum oibus & singulis suis pertin', àtempore quo predict' R. W. accre●it plenam aecatem suam viginti unius annor hucusque & extunc prouenient, exeun, emergent, siue crescent, & nobis qualitercunque debitnsive spectant. Habend', leuand', recipiend', gaudend', & retinend', omnia & singula eadem exit, reddit', proficua, reversiones, & emolumenta eidem R. W. executoribus & assignatis suis, de dono nostro, tam per manus suas proprias, quam per manus separalium, nuper nunc & imposterum eschaetor, feodar, supervisor, vicecom̄, receptor, ball', & aliorum occupat quorumcunque eorund', sive alicuius inde parcell' pro tempore existent': Necnon aliorum officiariorum nostrorum quorumcunque in separalibus Commit, in quibus dict' dominia, maneria, terr'; tenement', & caetera pmmissa cum pertinent existunt, sive aliqua inde parcell' existit, absque compoto, responso, seu aliquo alio nobis, haered', & successoribus nostris pro praemissis, sive aliquo pmmissorum reddend', soluend', seu faciend', Et ulterius volumus & concedimus per praesentes, quod tam praefat' R. W. quam omnes nuper nunc & imposterum Escheator, feodar, supervisor, vicecomit, receptor, ball', firmar, & occupator de huiusmodireu●ntionibus, exit, reddit', & proficuis, seu aliquo praemissoram, a praedict' tempore quo pndictus R. W. accrevit plenam aetatem suam viginti vniusannor̄ hucusque & extunc preuenient, exeun, emergesi, sive crescent, absque compoto, responso, seu aliquo alio nobis, haered', & successor' nostris inde reddend', soluend', seu faciend', erga nos, haered', & successores, & executores nostros quiet' & exonerat existent, & eorum quilibet quiet' & exonerat existet imperpetuum ꝑ praesentes. Et ultenus de uberiori gratia nostra, ac ex certa scientia & mero motu nostris, pro nobis, haered', & succestorimbus nostris, perdonavimus remisimus, & relaxavimus, ac per praesentes perdonamus, remittimus, & relaxamus p̄●at̄ R. W. omnes & omnimod' intrusiones & ingress, per dict' M. W. aut per predict' R. W. cuius haeres ipse est, aut per aliquam aliam personam, sive aliquas alias personas ad eius usum seisit, vel seisit, de, & in predict' dominijs, manerijs, terr', tenement', & caeteris praemissis, seu aliqua inde ꝑcella, quae de nobis, vel de aliquo alio tenent qualitercunque ante pnsentem diem, habit, fact', aut ꝑpetrat: Necnon omnes & omnimod' ꝑquisit ones, alienationes, donationes, fines, compot, & forisfactur de predict' dominijs, manerijs, terr', tenement', & caeteris praemissis, cum omnibus & singulis suis pertinent, vel aliqua inde parcell', per dict' M. W. aut per predict' R. W. aut per aliquem alium antecessor̄ eiusdem R. W. sive aliquas alias personas, ante mortem dicti M. W. sine licentia nostra habit, fact', aut perpetrat: Necnon omnes & omnimod' actiones, sectas, quaerelas, impetitiones, executiones, & demand' quaecunque, quas vel quae versus prefat' R. W. vel aliquem antecessor praef. R. W. sive aliquas alias person, de, & in praemissis, vel eorum aliquo habuimus, habemus, seu in futur' habere poterimus ullo modo. Proviso semper quod hae literae nostrae patentes, nec aliquid in eisdem content, aliqualiter se extend' add onerand' praef. R. W. vel aliquam aliam personam, sive aliquas alias personas, aut predict' dominia, maneria, terr', tenement', & caetera pmmissa, sive aliquam inde parcell', de, & pro aliquo debito, ratione alicuius recognitionis sive obligation̄ nobis, sive alicui progenitor̄ nostrorum, sive alicui alij personae, ad usum nostrum cognit seu deliberate. Eo qd expressa mentio de etc. Per billam Cur' Wardor & liberac' etc. ¶ Bargains and Sales. ¶ Bargains and Sales and of the enrolment thereof. Unto Grants and Contracts, succeed Bargains and Sales, Sect. 393. which be of manors, lands, tenements, hereditaments, and other things, to transfer the property thereof from the bargainor to the bargainee for money: But no manors, lands, tenements, or other hereditaments can pass, altar, or change from one to another, whereby any estate of inheritance or freehold is made, or taketh effect in any person or persons, or anv use thereof is made, by reason only of any bargain & sale thereof, except the same be made by writing indented, sealed, and enrolled in one of the Courts of Record at Westminster, or within the same County or Counties where the tenements so bargained do lie, before the Custos Rotulorum, and two justices of the peace, & the Clerk of the peace of the same County or counties, or two of them at the lest, whereof the Clerk of the peace to be one, and that within six Months after the date of such writings indented, 27. H. 8. cap. 16. And they are made as followeth. ¶ A Bargain and sale of a Mesuage and lands etc. THis Indenture made etc. Between I B. W. B. and N. of the one Sect. 394. party, and T. P. on the other party, Witnesseth, that the said I B. W. B. & N. for, & in consideration of one C. li. of lawful English money to the said etc. have bargained, sold, given, and granted, and by these presents do fully, clearly, and absolutely bargain, cell, give, and grant unto the same T. P. all, and all manner of those messages, lands, tenements, meadows, pastures, feedings, and all other hereditaments whatsoever, being freehold or charterhold, set, lying, and being in the towns & fields of etc. or any of them in the county of N. which late were the messages, lands, etc. of R. W. in use, possession, right, reversion, or remainder. To have and to hold the same messages, lands etc. with all & singular the appurtenances etc. unto the same T. P. his heirs & assigns for ever, to the only use & behoof of the said T. P. his heirs & assigns for ever. And the said I B. and W. B. and every of them do covenant etc. that they the said I B. and W. B. or one of them now been, or is true and rightful owner or owners etc. of all etc. before by these presents mentioned to be bargained & sold, and that the said premises & every parcel thereof, now be, and so shall continued clearly discharged and exonerated, of, and from all other former bargains etc. (As in covenants to be discharged with reasonable exceptions.) And the said R. C. I. B. etc. that they the said I B. W. R. and the survivors of them, & the said N. and all and every other person or persons, and their heirs, now having, or which hereafter shall or may justly claim to have any right, title, estate, or inheritance, in, and to the afore bargained premises, or any parcel thereof, shall at all times within seven years next after the date hereof, do, suffer, and knowledge etc. (As in covenants of further assurance.) And the said R. C. I. B. and W. B. etc. that they she said etc. or one of them, their heirs, executors, etc. shall deliver, or cause etc. to the said T. P. his heirs etc. to the use of the said T. P. his heirs and assigns, before the feast of etc. (As in covenants to deliver Evidences.) And the same R. I and W. etc. that if it shall fortune A. B. etc. or any of them, which do or shall stand jointly and severally bounden with the said R. C. and I B. to the said T. P. by one writing obligatory, bearing date etc. in 150. pounds, endorsed with condition for the performing, fulfilling, & keeping of the covenants, grants, articles, and agreements contained in these etc. of the part of the said etc. their executors etc. to be performed and kept, or either of them to departed this present life, before any perfect, sufficient, & convenient assurance be made from the said etc. or either of them, or any other person or persons that hereafter shall be the right heir or heirs of the said H. B. or of the said I. and W. that then the said R. C. I. B. and W. B. or one of them, their heirs etc. of them, shall within one quarter of a year, next after the death of any of them, the said R. C. I. B. W. B. A. B. & S. F. cause the suruivor or survivors of the said obligors, together with so many other good & sufficient persons, in the steed of such, & so many of the said obligors as shallbe then deceased, to become jointly & severally bounden by their writing obligatory, as their deed sufficient in the law to the same T. P. his executors or assigns, in 150. pounds, of good and lawful money etc. endorsed with such like condition in effect, according to the true meaning hereof, as is contained in the endorsement of the same former Obligation: so that the same T. P. his executors or assigns, will upon the delivery of the same writing obligatory, deliver out the foresaid former Obligation to the same R. C. his executors or assigns to be canceled. In witness etc. ¶ A Bargain and sale of lands forfeited upon a Mortgage. THis Indenture etc. Witnesseth, That whereas one R. B. by his Sect. 395. deed indented, Dated &c. did give etc. unto the said W. W. his heirs and assigns, to the use of the same W. W. his heirs and assigns, (rehearsing the lands:) upon this condition, That if the said R. B. should pay, or cause to be paid to the said W. W. or his certain Attorney, executors, or assigns, the sum etc. in manner and form following: That is to say etc. at the feast etc. in full payment etc. and also upon other conditions in the said deed indented, specified, & mentioned: Which said conditions for the payment of the said etc. the said R. B. hath broken and not performed, by reason whereof the said W. W. is presently seized of the said premises with the appurtenances to him & his heirs, without any manner of condition for ever. Wherhfore the said W. W. for the sum etc. doth by these present Indentures plainly and fully bargain and cell unto the said T. H. his heirs and assigns for ever, the lands before Mortgaged etc. (All such covenants to be put in this Indenture, as in the Indenture of bargains and sales before in this book, for acts done by the vendee only.) And over this the said W. W. for him, his heirs etc. doth covenant etc. by these presents, that neither he the said W. W. or any other for him, or by his commandment or agreement, hath received of the said R. B. or of any other person or persons, the abovesaid sum of etc. at the days and times before remembered or appointed for the payment thereof, nor at any time or times after the same days: Nor that the said R. B. or any other for him hath paid, or offered to pay the said sum etc. at the days & times aforesaid, or at any time or times after the same day of payment. And over this also, that he the said W. W. his heirs, executors, or assigns, hath not made, nor hereafter shall make unto the said R. B. his heirs or assigns, or any of them, any acquittance, release, or discharge of the said sum of etc. or any parcel thereof, or of any condition or conditions specified in the said deed indented. In witness etc. ¶ A bargain and sale of a Manor. THis Indenture made etc. Between the High & mighty Prince Sect. 396. H. Duke of S. Marques Dorset, Lord etc. of the one party, and A. F. etc. Witnesseth, that the said D. for, and in consideration aswell of the sum of etc. to him by the said A. F. at thensealing of these present Indentures, well and truly satisfied, contented and paid etc. & also for the sum of etc. to him the said D. to be paid, in manner and form hereafter in this present Indentures declared, hath given, granted, bargained, and sold, and by these presents etc. to the said A. F. all that his Manor of H. with the appurtenances in the said county of S. and also his mesuage, grange, cottages, mills etc. lands, tenements, meadows, leisures, pastures, parks, commons, waste grounds, firres, heaths, marshes, woods, underwoodes, waters, ways, fishings, rents, reversions, services, courts, profits of Courts, leetes, views of frankpledge, and all that to his view of frankpledge doth appertain, goods and cattles weived and strayed, goods and cattles of felons, and fugitive persons, fees, wards, marriages, escheats, reliefs, heriots, fines, amerciaments, liberties, privileges, and all other profits, commodities, emoluments, and hereditaments whatsoever in H. aforesaid, and else where, within the County of S. aforesaid, to the said Manor belonging, or in any wise appertaining, or accepted, reputed, or taken as part, member, or parcel of the same manor, in as large and ample manner and form, as the same D. hath the same. And also thadvowson, gift, free disposition, and right of patronage of the rectory & Church of the manor of H. aforesaid. And also all manner deeds etc. As in sale of writings, with covenant to deliver them, infra 399. * To have and to hold the said manors, messages, etc. And the said D. etc. that he the same D. his heirs and assigns, on this side, or before the feast of etc. shall make, or cause to be made etc. As in covenants of assurance. And that he the same D. and his heirs, aswell as the said A. F. and his heirs and assigns etc. all the said manors, lands, tenements, and other the premises, and every part or parcel thereof, shallbe clearly exonerated etc. As in covenants of discharging, rents, services, and customs, from thence forth to be paid, or going o●●●or from the said manors, lands, tenements, or other the premises, to the Queen our Sovereign Lady, or to any other person or persons, and all leases, grants, for term of years, and life, for lives, or by copy of Court Roll of the said manors, and other the premises, or any part or parcel thereof heretofore made, whereupon the ancient and accustomed rents or more been reserved yearly, only excepted. And the same D. etc. that the said manors, lands, tenements, and other the premises been at the day of thensealing of these present Indentures, of the clear yearly value of xx. pound, over and above all yearly charges & reprises, and so the said yearly rend shall and may stand and continued without fraud or covin. In consideration of the which bargain and sale, and other covenants, grants, articles, and agreements made on the part and behalf of the said D. well and truly to be observed, performed, fulfilled and kept, according to the intent, purport, & true meaning of these present Indentures. The said A. F. covenanteth etc. that he the said A. F. his heirs and assigns, at, or before the feast of etc. next coming after the date of these presents, at the mansion house of the said D. commonly called S. in the parish of Saint M. in the field, in the County of etc. between the hours of nine and xi. of the clock of the forenoon of the same day, shall content & pay, or cause to be contented and paid to the said D. the sum of etc. for the purchase, clear bargain & sale of the same manor, lands, etc. and other the premises. In witness etc. ¶ A bargain and sale of Annuities. THis Indenture etc. Witnesseth, that the said W. for him his heirs Sect. 397. and executors, hath bargained & sold &c. the yearly rent or Annuity of five pounds &c. going out of the manors of W. and C. And also the said W. bargaineth and selleth &c. one other annual or yearly rend or annuity of ten pounds also, yearly going out of etc. and all his right, title, and interest, in, and to the said several annuities, and to either of them. To have, hold, enjoy, levy, take, and receive the said several Annuities and yearly rents of five pounds, and ten pounds to the said R. etc. at the feasts of etc. And furthermore the said W. covenanteth etc. that he the said W. and his heirs, before the feast of etc. shall make a good, sure and sufficient estate, and lawful grant in fee simple to the said R. and to his heirs and assigns, of, and in the said several annuities or yearly rents of etc. discharged etc. And furthermore the said W. covenanteth etc. with covenants that the vendor may lawfully distrai●● for the rent, and that he is seized etc. In witness etc. ¶ A sale of a Reversion. THis Indenture etc. Between etc. Witnesseth, that the said R. the Sect. 398. day of the making hereof, hath bargained &c. unto the said B. & unto his heirs for ever, all the reversion when it shall happen to come and fall, incontinently by and after the death of I. G. grandmother to the said R. of, and in all those lands, etc. and all his right, claim, title, use, possession, and interest, of, and in the same, who is tenant thereof for term of her life. In witness etc. ¶ A bargain and sale of a Reversion. THis Indenture made etc. Between R. B. of N. in the County of Sect. 399. S. gentleman, & K. his wife of th'one party, and T. S. of G. in the County of S. Clothier on the other party, Witnesseth, that the said R. B. & K. his wife, for the sum of etc. to them by the said T. S. well & truly contented and paid at thensealing hereof, whereof and wherewith the said R. B. and K. his wife acknowledgeth themselves well & truly to be contented & paid thereof, and of every part and parcel thereof doth clearly acquit & discharge the said T. R. his heirs & executors by these presents, have bargained and sold, and by these present Indentures do bargain and cell cl●erely unto the said T. S. his heirs & assigns, the Reversion of all those their lands and tenements with thappurtenances in G. aforesaid, called and known by the name of etc. there unto belonging or appertaining, or with the same of late used, or to farm let, be it more or less, late in the tenure & occupation of T. C. and E. his wife, mother to the said K. as in the right of the said K. during her natural life, or of their assigns, & now in the tenure of T. S. for term of years yet enduring of the lease and demise of the said T. C. and E. * Together with all such deeds, charters, evidences, escripts, writings, and muniments, concerning the premises only, or any part or parcel thereof, as now be in the possession, custody, and keeping of the said R. or in the custody or keeping of any other person or persons to his use, or by his delivery, and which he may come by without any suit in the law. And the same deeds, charters, evidences, escriptes, writings and muniments, the said R. B. and K. his wife, covenanteth and granteth by these presents, to and with the said T. and his heirs, to deliver, or cause to be delivered to the said T. S. his heirs, executors, administrators, or assigns, before the feast of All Saints next coming after the date hereof. To have and to hold the reversion of etc. with their appurtenances to the said T. S. his heirs and assigns, to his and their own use for ever, for, or according to such rate and yearly value, as the overplus of the said lands so exchanged by the said R. H. with the said T. S. shall come and amount unto, over and above the yearly value of the said manor, and other the premises exchanged by the said T. S. with the said R. H. according to the rate and extent of twenty years purchase. Provided always, and it is covenanted & agreed between the said parties T. S and R. H. by these presents, that the said lands, tenements, and other the premises, shall be reasonably and indifferently rated, extended, and valued: And that after such extent, rate, and value of the premises so had & made, the said T. S. his heirs, executors, or administrators, shall content and pay to the said R. H. his executors or assigns, within the space of twelve Months next after notice given to the said T. S. his heirs or executors, all such sums of money, as the said overplus shallbe valued and rated to amount unto, in form aforesaid, according to xx. years purchase. And furthermore, it is conenanted etc. that either of the said parties to these presents, and the heirs of either of them, shall at all time and times hereafter, during the space of three years next ensuing the date hereof, do and suffer to be done, all and every such reasonable act or acts, th'one of them to the other, as shallbe reasonably devised or advised by either of the said parties, the heirs or assigns of either of them, or the learned counsel of either of them, for more better assurance and sure making of the said manors etc. and all other the premises with their appurtenances, exchanged between the said parties by these presents, according to the true intent and meaning hereof, be it by fine, feoffernent, recovery, deed or deeds enrolled, release, confirmation, or otherwise with warranty, only of the said parties and their heirs, against themselves and their heirs. In witness etc. ¶ A Bargain and sale of the Patronage of a Benefice. THis Indenture made &c. in the year of etc. Between H. D. on the Sect. 400. one party, & H. S. on the other party, Witnesseth, that the said H. D. for certain considerations, and also for the sum of etc. hath bargained and sold, and by these presents doth clearly and fully bargain and cell unto the said H. S. all that the Aduowson, Patronage, right of patronage, gift, nomination, presentation, and free disposition, of, and unto the parish Church of T. in the County of C. together with all and all manner of evidences, deeds, writings, and muniments, concerning the said Aduowson & patronage of the church aforesaid. To have and to hold the foresaid Aduowson, and all other the premises with thappurtenances unto the said H. S. his heirs & assigns, to the only use and behoof of the said H. S. his heirs and assigns for ever. In witness etc. ¶ A bargain and sale of Copyholdlands. THis Indenture etc. Between M. R. widow, late the wife of T. Sect. 401. R. while he lived Citizen and Taverner on th'one party, and R. B. Sergeant at the law on the other party, Witnesseth, that the said M. and T. have bargained &c. to R. B. all the messages etc. whether they be freehold or copyhold, or whatsoever tenure they be of. And the said M. and T. etc. that they shall make the said R. and his heirs or him and other persons and their heirs at the nomination of the said R. or his heirs, sure of the said mesuage etc. before the feast of etc. next coming, by surrender thereof into the Lords hands, to the use of the said R. and his heirs, to those of him and other persons by him to be named, & to their heirs, or otherwise, at the expenses, costs and charges in the law of the said M. and T. or one of them, their executors or assigns. And also at the like expenses aswell for the Lords fine, as for other things, shall 'cause the Lord of the manor for the time being, of whom the said mesuage, and all other the premises be holden, to make a sure grant, seisin, possession, and delivery, of and in all and singular the same to the said R. and his heirs, or to him and other persons at his nomination, and to their heirs, according to the laudable use and custom of the same ●nauor heretofore used. And furthermore the said M. covenaunteth and granteth, that if the said R. or such persons at his nomination, which shall have the said messages etc. and other the premises, without covin or collusion be lawfully evicted, dispossessed, or disseised of the said mesuage etc. before the feast of Easter next coming: That then the said R. and his heirs shall within the space of three months next after any such eviction, dispossession, or disseisin, have as much lands and tenements of the foresaid M. and T. which they or either of them have had in their possession, reversion, or use, at the election and pleasure of the said R. as shall amount to and be of the clear yearly value of the said mesuage etc. or of as much part thereof, as the foresaid R. shallbe so lawfully evicted and disseised of, or that shall not be assured to the said R. before the feast of Easter above rehearsed. To have and to hold etc. And also the said M. bargaineth and selleth to the said R. all manner of stuff, goods, habiliments, and implements to them and either of them pertaining and belonging, being in the same mesuage, garden, houses, etc. at the day of sealing of these presents. And the said M. and T. both grant, that they shall discharge etc. the yearly rent of etc. And that the said R. shall have and take the profits, from the feast of Saint Michael last past etc. For whichsale and bargain of all and singular the premises, on the part of the said M. and T. to be observed, performed, and done, the said R. hath contented and paid etc. In witness etc. ¶ A sale of a Wardship. THis Indenture etc. Witnesseth, that where our Sovereign Lady Sect. 402. the Queen's Majesty that now is, of her special grace, certain knowledge, and mere motion, by her highness letters Patents sealed with the great Seal of England, bearing date etc. did give etc. to the said H. S. by the name of her highness faithful and well-beloved servant H. S. Esquire, the custody of the body and marriage of H. K. her highness Ward, son & heir to H. who at the day of his death did hold certain lands and tenements in B. of N. of I C. our Sovereign Lady the Queen's highness Ward, as of his manor of K. in the said County etc. now being in the Queen's majesties hands, by reason of the minority of the said I C. by the third part of one knights fee. To have, possess, and enjoy the custody of the body and marriage of H. K. until such time as the said S. his heirs or assigns shall have, had, or taken the effect of the said marriage of the said H. K. as by the letters Patents more plainly appeareth. The said H. S. now by these present Indentures for the sum of etc. of good and lawful etc. to him by the said E. K. paid & truly contented etc. doth plainly and fully bargain, cell, give, and grant unto the said E. K. his executors or assigns, the custody and wardship of the body & marriage, without disparagement of the said H. K. and also the Letters patents aforesaid. To have, enjoy, and possess the same custody and Wardship of the body & marriage of the said H. K. without disparagement to the said E. K. his executors & assigns, until such time as the said E. K. his executors, administrators, and assigns, shall take or have the effect of the marriage of the said H. K. in as ample and large manner and form, as the said H. S. the custody, Wardship, or marriage hath by the said Letters patents, or otherwise. And the said E. K. doth covenant etc. that he the said H. S. etc. or such other person or persons, as the said H. S. by his last will and testament, or otherwise, shall thereunto name or appoint, shall and may have the custody, possession, and education of the same H. K. during the minority of the said H. K. without any let, impediment, or disturbance of the said E. etc. or any of them. And that he the said H. K. his heirs and assigns, shall quietly and peaceably have, and for ever enjoy all lands, tenements, and hereditaments that to them doth belong, without any let, impediment, or interruption of the said E. his executors, administrators, or assigns, or any of them, for, or by reason of any value of marriage, or forfeiture of marriage etc. In witness etc. ¶ Of a bargain of Wheat. THis Indenture made between A. B. etc. and C. D. etc. witnesseth, Sect. 403. that the said A. B. hath bargained & sold, and by these presents bargaineth and selleth unto the said C. D. xx. Quarters of Wheat, and xx. quarters of Rye, good wheat and Rye, clean and merchantable with the best, accounting viii. bushels with the heap to every Quarter. All which twenty quarters of wheat, & xx. quarters of rye, the said A. B. doth covenant etc. that he, his executors or assigns, at his or their own cost and charge, shall deliver, or cause to be delivered to the said C. D. his executors or assigns, frank and free, at the dwelling house of the said C. D. at L. aforesaid, before the feast of etc. For the bargain and sale of all which xx. quarters of Wheat, and xx. quarters of Rye, and for the delivery thereof in manner and form aforesaid, the said C. D. covenanteth etc. to pay or cause to be paid to the said A. B. his executors or assigns, for every quarter of the said wheat, eight shillings etc. and for every quarter of the said Rye, v●. s. etc. in manner and form following: that is to say, etc. In witness whereof etc. ¶ A sale of Timber. THis Indenture made etc. Witnesseth, that the said I B. for a certain Sect. 404. sum of money to him in hand paid by the said R. S. whereof the said I B. knowledgeth himself &c. hath bargained and sold, and by these presents for him, his heirs, executors, and assigns for ever, forty Okes, as they stand now and grow in a certain wood called by the name of B. within the parish of D. in the said County of S. and the same forty Okes and every of them are before the insealing and delivery of these present Indentures, signed & marked by the full assent and agreement of the said parties. To have and enjoy the said forty Oaks so signed and marked, withal commodities belonging to the same, unto the said R. his executors & assigns, from the day of the date etc. as well he the said R. his executors and assigns and servants, to have free liberty of access, recess, course, and recourse, at all times at their will and pleasure, to and from the said wood called B. without any let, denial, or interruption of the said I B. his heirs or assigns, as also to hue, square, saw, and bark the same Oaks, or any of them. And also to use any devise with horse, carts, and veins, and all other devices for the carrying away of the same forty Okes, and every of them. And also that the said K. S. his executors and assigns, to have free liberty until the feast etc. to dig pits, called saw pits, within the said wood called B. where he thinketh best, so that the same pits be filled up again by him the said B. his executors or assigns, within six weeks after the carrying away of the said wood & trees. And that he the said R. S. his executors or assigns, shall fence and amend the hedges and fences, in, and about the premises, in all such places as shallbe broken, trodden down, or otherwise wasted by occasion of the premises, at his or their charges on this side etc. taking sufficient hedgebote upon the same grounds for the doing of the same. Provided always, that the said R. S. his executors, assigns, or servants, shall at no time hereafter lawfully do any hurt or damage, either of the grass or corn, other then for the necessary cutting, sawing, and carrying of the said wood and trees. In witness etc. ¶ A sale of Wood THis Indenture etc. Witnesseth, that the said A. B. the day of the Sect. 405. making hereof, hath bargained & sold, & by these present Indentures doth clearly bargain and sell unto the said E. all those his woods and underwoods', now standing & growing, in and upon his groves or hedgegroves called M. in the parish of N. in the County of Essex. And the said G. doth covenant & grant by this Indenture, that he, his executors or assigns shall leave standing, in, and upon the foresaid lands called M. competent and sufficient stathels & storers, according to the custom in the same Country heretofore used. And also the said E. doth covenant and grant by this Indenture, that he, his executors or assigns, at their own costs and charges, all hedges and defences belonging to the said groves and hedgegroves, well and sufficiently shall amend, restore, and repair, when and as often as need shall require, from the day of the felling of the said woods, to the end and term of etc. then next ensuing, for the safeguard of the springs growing upon the same. And the said E. doth further covenant & grant by these presents, that he, his executors or assigns shall not fallen any of the said wood or underwoods', but in due and seasonable times of felling: that is to say, yearly between the feasts of S. Michael th'archangel, and the Annunciation of our blessed Lady the Virgin, from the feast of S. Mich. the archangel next coming after the date hereof, to the end and term of etc. from thence next ensuing, fully to be complete and ended. And the foresaid A. B. for his part doth covenant and grant by this Indenture, that the said C. his executors and assigns, shall have free ingress and regress, to, and from the said woods and underwoods', with horse, cart, and carriage, at all times according to his pleasure for the felling, hewing, cutting down, and carrying away the foresaid underwoods', in manner and form afore declared, during all the foresaid term, without let or interruption of any person or persons. For the sale and bargain of all which woods and underwoods', the said E. doth covenant & grant by these presents, to pay, or etc. of which etc. the said A. B. knowledgeth himself well & truly satisfied & paid, and thereof, and of every parcel of the same clearly doth acquit and discharge the said I. his heirs and executors by these presents. In witness etc. ¶ A Bargain and sale of Woods. THis Indenture etc. Witnesseth, That the said R. hath bargained Sect. 406. and sold etc. all those his woods & underwoods', called & known by the name of etc. except the lands and soil of the same woods & underwoods', and also waivers called standers of etc. only excepted and reserved to the said R. & to his heirs, executors, and assigns. And the said T. covenanteth, that he the said T. shall fallen and carry away all the said woods and underwoods' (except before excepted) within two years next ensuing the date of these presents, at meet & seasonable times in the year, so that the spring of the same woods may come & grow again in due course. And the same T. covenanteth &c. (ut supra 405. c.) And further the said T. covenanteth etc. that he the said T. shall acquit, discharge, & save harmless the said R. his executors & assigns, against all men, of and for the payment of any manner of tithe which shall happen hereafter, or rise to be due or demanded, of, and sold, as is aforesaid. Provided always, and it is further covenanted etc. that if it happen the said T. hereafter lawfully to be interrupted &c. by any person or persons pretending any lawful title to the premises, within one year next ensuing the date of these presents, so that he cannot or may not lawfully take, cell, and carry away the said wood, according to the true meaning of these presence, and of the covenants comprised within the same: That then the said R. or his executors shall allow and pay unto the said T. his executors or assigns, the value of the said woods that shall happen to be lawfully taken away from the said T. after the reasonable rate and value of the said woods that so shall happen to be lawfully taken away from the said T. his executors or assigns, contrary to the true meaning of these presents etc. Defeasances. ¶ A Defeasance of a Rent by obtaining estate in lands. THis Indenture etc. Between M. W. & I H. Witnesseth, that Sect. 407. where the said I H. in fulfilling and performing of part of certain covenants, specified and declared in a pair of Indentures made between the said I. H. on the one party, and the said M. W. of the other party, by his deed bearing date etc. hath given and granted to the said M. W. an annual and yearly rend of etc. To have and to hold the said annual or yearly rend of etc. to the said M. W. his heirs & assigns, for, and during the life of E. M. (with a sufficient clause of distress comprised in the said grant for nonpayment of the said yearly rend of etc.) Nevertheless, it is now fully covenanted, granted, and agreed betwixt the said parties in manner & form following: that is to say, The said M. W. covenanteth etc. that if the said I H. at any time hereafter do obtain and get the estate and interest of the said E. M. which he hath in and to the said manor etc. and thereof do make one sufficient estate to the said M. during the life of the said E. that then the said grant of the said annual rent of etc. shall from thenceforth cease, be determined, & utterly voided end of none effect: any thing in the said former Indentures mentioned, or in the said grant of annuity contained to the contrary in any wise notwithstanding. And further the said M. W. covenanteth etc. that if it happen the said M. W. his heirs, executors, administrators or assigns, or any of them to make default in payment of the said sum of etc. mentioned in the said former. Indentures, or of any part thereof, and do not make true payment thereof at such days & times, as are mentioned in the said former Indentures: That then it shall be lawful to the said I. H. his heirs or assigns, to retain the said annual or yearly rend of etc. in his or their proper hands. And the said annuity or yearly rent shallbe suspended & not demanded nor payable, until such time as the said I H. his heirs etc. be fully contented, satisfied, or paid of the said entire sum of etc. and of every part thereof, over and beside his costs and charges for the withholding and nonpayment of the same sum of etc. any thing in the said former Indentures, or in the said grant of annuity, or in these indentures mentioned, to the contrary thereof in any wise notwithstanding. In witness etc. ¶ A Defeasance upon a Bargain and sale. THis Indenture etc. Between etc. Witnesseth, that where the said Sect. 408. G. by his deed indented, dated etc. for the sum of etc. hath fully bargained and sold etc. Nevertheless, it is now fully covenanted etc. that if the said G. his heirs etc. do well & truly content & pay again to the said T. his executors etc. the said sum of etc. & every part thereof, at one whole and entire payment, before the feast of etc. That then it shallbe lawful to the said G. & his heirs, upon the repayment of the said sum of etc. to re-enter into the said manor of etc. As in covenants of reentry. And that then & from thenceforth after the repayment of the said sum of etc. the said T. and his heirs shall stand and be seized of, and in the said manor etc. to the use of the said G. & his heirs: And that all estates, assurance, & conveyance thereof then had and made to the said T. & to his heirs, or to any other person or persons, shall after the repayment of the said sum of etc. be to the use of the said G. & of his heirs for ever: any thing in these Indentures to the contrary in any wise notwithstanding. And further the said G. covenanteth etc. that if it shall happen the said G. his heirs etc. or any of them to make default of repayment of the said sum of etc. ut supra, That then it shall be lawful unto the said T. and his heirs, to have, hold, occupy & enjoy to him and to his heirs for ever, the said manor etc. without condition or mortgage, & without let or disturbance, or interruption of the said G. his heirs etc. or of any other person or persons by his or their procurement, assent, or commandment. And that he the said G. & his heirs, and A. his wife, at all times hereafter the said feast of etc. upon default of repayment of the said sum of etc. shall do, suffer, knowledge, & cause to be suffered, done and knowledged from time to time, all & every such act, devise, thing & things, as shallbe reasonably devised or advised by the said T. or his heirs etc. be it by fine, feoffment, recovery, release with warranty, confirmation with warranty, or otherwise. And that the said manor at the time of the making of the said further assurance, in manner and form aforesaid, shall then be discharged of all encumbrances, of what kind, degree, or nature so ever they be, except leases and chief rent etc. And furthermore the said T. covenanteth etc. if the said G. his heirs or executors do make default, and do not repay again the said sum of etc. to the said T. his etc. in manner and form aforesaid: That then the said G. upon a perfect and further assurance and sure estate of the said manor etc. had and made by the said G. and A. his wife, to the said T. & to his heirs, shall content & pay to the said G. his etc. the sum of etc. in full contentation & payment etc. for the said manor etc. before bargained and sold to the said T. and to his heirs, in manner and form before recited and declared in these presents. And further the said T. covenanteth etc. that if the said G. do make default in repayment of the said sum of etc. and that the said manor then after that be duly proved upon a lawful & true survey thereof had and made to be of more yearly value then etc. by year: That then the said T. his heirs or executors shall content & pay to the said G. his heirs or assigns within one year after the same survey, for as much of the said manor as upon the said survey shall be duly, truly, and clearly proved to be, and amount in yearly value above the sum of etc. by the year, over all charges, after the rate of xx. years purchase. In witness etc. Mortgage. ¶ A Mortgage upon condition to pay a certain sum at a certain day. OMnibus etc. Sciatis nos praefat' T. & L. pro diversis, bonisquè Sect. 409. causis & considerac' nos specialiter movent, unanimi assensu & consensu nostris, dedisse etc. W. M. etc. haered' & assignat' suis, unum tenement' cum aedificijs etc. Quod quidem tenementum cum aedificijs etc. nos praefat' T. & L. simul cum quib● dam alijs parsonis, nuper habuimus nobis, haered', & assign' nostris, ex dono etc. H. & P. de etc. execut testament & ultim voluntat W. C. sub quadam conditione iam perimplet & ꝑformat, prout per quandam s●am chartam nuper inde nobis & dictis alijs personis confect', cuius dat' etc. plenius liquet & apparet. Habend' & tenend' praed' tenementum, ac caetera omnia pmmissa cum suis pertin' praef. W. M. haered' & & assign' suis ad solum opus & usum ipsius W. M. haered' & assign' suor. Sub forma tamen, & conditione sequent, viz. quod si nos praefat' T. D. & L. uxor mea, aut aliquis nostrum, haer̄, execut, administr vel assign' nostr' soluamus seu solui faciamus praed' W. M. execut, administr, vel assign' suis, in, vel apud modo domum mansional' ipsius W. M. in civet M. v. li. legalis etc. modo & forma sequent viz. ad festum etc. ꝓx. futur' post datum present xx. s. etc. in plena soluc' praedict' v. li. Quod tunc praesens status & seisina de & in praemissis in forma praedict' deliber, & capt', vacuae sint, nulliusque effectus neque valoris, alioquin praesens status & seisina de & in praemissis in forma praed' deliber & capt' firma sint & stabil', tantummodo ad opus & solum usum praed' W. M. haered' & assign' suorum: Tenendum etc. Datum etc. ¶ A fee farm in Mortgage. OMnibus etc. salut. Cum C. W. dederit etc. gerens dat' ult die D. Sect. 410. ante datum praesentium ult praeterito, mihi praefat' l. confirmaverit omnia illa terr' etc. Habend' & tenend' mih● & haered' & assignat' meis in perpetuum, prout in eadem charta sua mihi inde confecta plenius continetur. Noveritis me praef. ●. dimisisle, concessisse, & hoc praesenti script' meo indentat confirmasse praedict' C. omnia illa praed' terr' etc. Habend' sibi haered' & assignat' suis in perpetuum sub form & conditione sequentibus viz. qd' si praedict' C. soluat etc. mihi prefat' l. attornato vel executoribus meis in etc. ad festum etc. quod extunc praesens charta indentata, & seisina inde l berat suum robur obtineant & effect'. * Et si defect' fiat in solutione praed' xx. li. contra formam praedict', extune praesens charta indentata & seisina inde liberata sint vanae, ac pro nullo habeant, & tunc bene licebit mihi etc. In cuius etc. But if there be many dates of payment. than ye may proceed after this form following. Si praedict' C. soluat aut solui faciat, haeren' seu executores sui soluant, aut solui faciant, mihi praefat' I. attornat, seu executoribus meis in etc. xx. li. etc. in forma subscripta, videlicet, ad festum etc. xx. s. ad festum etc. xx. s. & sic de festo in festum, de anno in annum, unum post alium continue sequentem ad quodlibetfestor predict' viginti solidos quousque praed' xx. li. plenary persoluant, extunc praesens charta indentata etc. Et si defect' fiat in aliqua solutione predict' viginti librar in part vel in toto, contra formam praed', extune etc. ut in charta pradict '. Proviso sem ꝑ qd' si pnd' C. vel aliquis alius nomine suo allegaverit aliquam acquietantiam seu solutionem dictae pecuniae alibifore fact' quamin &c. contra me praef. I. quod extunc idem C. vult & concedit per praesentes, quod hmodi acquietantia in solutione forinseca nullius sit valoris. In cuius etc. ¶ A Mortgage. SCiant etc. quod nos W. C. W. W. & T. C. dimissimus, tradidimus, Sect. 411. & liberavimus. H. M. I. A. & W. H. omnia illa terras & tennta redd' etc. vocat' B. quae nos pnd' W. C. W. W. & T. C. nu ꝑ coniunct' habuim nobis, haeredibus & assign' nostris imperpet, ad usum mei pnd' W. C. haered' & assign' meor ex dimissione, traditione, liberatione & chart confirmatione I H. Habend' & tenend' oina praed' etc. sub forma & conditione sequent, videlicet, qd' si praed' B. been & fideliter soluat etc. qd' tunc praesens charta nostra indentata, & seisina so ꝑ eand' liberata & habita in omnibus eor roboribus permaneant & virtutibus imperpetuum. Et si defect' fiat etc. Ac insuper noveritis nos praef. W. C. W. W. & T. C. fecisse, ordinasse, & loco nostro posuisse etc. ut in literis attorn. ad deliberand' seinnam. In cuius etc. Datum etc. ¶ A Mortgage to save harmless etc. SCiant etc. quod ego T. F. fen de N. Draper dedi & concessi & hac Sect. 412. praesenti carta mea indent̄ confirmavi L. W. de N. yeoman, unum tenement' etc. Habend' etc. praef. L. W. haered' & assign' suis ad solum opus & usum mei dicti T. F. haered' & assign' meorum imperpetuum. Si & quamdiu ego dictus. T. F. haer̄ execut vel assign' mei soluamus seu soluifac' eidem L. W. execut vel assign' suis xii. li. legalis monetae Ang ' etc. modo & forma sequent, videlicet ad festum omnium sanctorum quod erit in anno Dom etc. iiij. li. & sic inde annuat ad dict' festum iiij. li. quousque dict' xii. li. soluantur etc. Necnon saluemus & indemnes conseruemus seu salvari & indemnes conseruari fac' predict' L. W. haeredes, execute & administrat suos versus quend' W. M. de C. execut & administrat suos ac alios quoscunque de & pro quod' script' obligatorio in quo praedictus L. W. ad instantiam mei praed' T. F. simul cum me eodem T. tenetur & obligatur praefat' W. M. in summa xl. li. indorsat cum conditione pro soluc' xx. li. legalis monetae Anglie. Alioquin si contingat qd' ego dictus T. F. haered', execut vel assignat' mei defecerimus in solutione praed' xii li. vel alicuius inde parcellae in forma praed' soluend', vel in saluando vel indemnes conseruand ' praedict' L. W. haered', executores suos in forma praedicta, tunc ad solum opus & usum ipsius L. W. haered' & assignator svorum in perpetuum. In cuius etc. ¶ A Mortgage upon payment by the Mortgageor. SCiant praesentes etc. quod ego I W. (ut supra 412.) confirmavi Sect. 413. S. W. omnia illa terr' & tenementa &c. Habend' etc. sub forma & conditione subsequenti, viz. Quod si ego pndict̄ I. soluam seu solui faciam, haered' vel execut mei soluant aut solui faciant praefat' S. W. aut eius certo Atturnato, haered' vel executoribus suis ad festum etc. in etc. xx. li. etc. quod extunc praesens charta indentata, ac seisma inde deliberata cassatae sint & van, nulliusque valoris, ac tunc bene licebit praefat' I etc. (ut in conventionibus reintrationis.) Et si defect' etc. (ut supra 410. *) suum robur obtineant et effectum, & tunc bene liceat praefato S. W. haered' & assignatis suis ea habere & pacifice gaudere in perpetuum. In cuius rei testimonium uni parti huius chartae indentatae penes me reman', praef. S. W. sigillum suum apposuit. Alteri vero parti huius chartae indentatae penes praefat' S. W. reman' ego praedict' I. W. sigillum meum apposui. His testibus etc. Dat' etc. ¶ An estate upon condition to find meat etc. OMnibus etc. W. P. etc. Noveritis me praef. W. dedisse, concessisse, Sect. 414. et hoc praesent̄ script' meo indentat confirmasse T. N. omnia mea terr' etc. Habend' etc. T. haered' et assignatis suis in perpepetuum etc. sub forma & conditione sequenti, videlicet: Quod praedictus T. exhibeat seu exhiberi faciat mihi prefat' W. durant vita mea naturali victum sufficientem, ac statui meo competentem, prout idem T. ad mensam suam habet, seu habere consuevit, ac quolibet die dominico unum denarium ꝓ meis expensis mihi reddat, necnon quolibet anno erga festum Natalis dni unam togam de Russet, unum par caligar̄, duo paria calceorum, & duo camisia, statui meo competent̄, annuatim mihi inveniat. Et si contingat me decrepitum vel infirmum devenire, tunc idem C. inveniet mihi unum seruientem ad me debit' modo prout decet custodiend', ac etiam quendam locum in alta Camera tenement' mei pndict̄ cōpetent̄ ubi melius potero pervenire tam in sanitate quam in egritudine, simul cum libero introitu & exitu oimbus temporibus licitis ad eandem durant vita mea mihi reseruand'. Et si praedict' W. in exhibitione mea praedicta, seu in aliquo praemissorum defecerit, aut ea facere noluerit quovismodo in futurum, quod extunc bene licebit mihi, haered' & assignatis meis, in omnia praedicta terras etc. (As in Reentries) In cuius etc. ¶ A Mortgage for payment by the Mortgagee. SCiant etc. quod ego E. M. etc. dedi etc. praef. R. & E. vxor' eius, tot Sect. 415. illud mesuagium meum etc. Habend' etc. sub conditione seq●en̄, viz. Quod si pndict̄ R. B. & E. uxor eyes, haered', seu execut soluant, vel unus eorum soluat seu solui faciat, mihi prefat' E. M. aut meo certo Atturnat vel execut meis etc. modo & forma sequent, viz. ad festum etc. & sic deinde annuatim soluend' ad quodlibet festum etc. extune prox. & immediate sequent xx. li. etc. quousque summa etc. plenarié persoluat. Quoth tunc praesens carta mea ind tata, ac status & seisin, de, & in praemissis liberat, firmae sint & stabiles ad solum opus & usum pndictor̄ R. & E. haered' & assignatorun suor in perpetuum. Et si contingat praed' R. B. & E. vxor' eius, haered', execut, vel assignatos suos defect facere in soluc' etc. aut alicuius inde parcell' in forma pndicta soluend', qd' tunc presens charta mea indentat, ac status & seisins, de, & in pmmissis liberat, cassae sint & vacuae, nulliusque valoris, ac tunc bene licebit mihi praef. E. M. etc. (As in Reentries &c.) In cuius etc. ¶ A Mortgage of lands etc. THis Indenture etc. Between T. W. of the one party in the etc. Sect. 416. and W. F. etc. on the other party, Witnesseth, that where the said T. W. by his deed bearing date the eleventh day of this present month of ja. hath enfeoffed W. F. of, and in the Manor of C. with all his right, members, and appurtenances in the said County etc. and of and in the advowson, gift, free disposition, and right of Patronage of the rectory and Parish Church of C. aforesaid. To have and to hold etc. (as in the deed afore, verbatim,) as by the same deed more plainly may appear. And whereas the said W. F. the day of the date hereof hath contented and paid unto the said T. W. the sum of etc. which sum of etc. the said T. knowledgeth etc. thereof etc. by these presents. It is now therefore covenanted, condescended etc. that the said T. W. before the feast of Easter etc. by fine to be levied in the Queen's majesties court of her Common pleas at W. etc. Which said fine so to be levied in form aforesaid, shall be to thuses & intents in these presents expressed, that is to say: to the uses of the said W. F. and his assigns, until the 24. day of March etc. And if the said W. F. etc. do well and truly content and pay, or cause to be etc. unto the said T. W. his executors, the sum of C. l. of good etc. in the said 24 of M. next ensuing &c. at etc. That then & from thenceforth after such payment made, the said fine to be levied in form aforesaid, shall be to the only use of the said W. F. his heirs & assigns for ever. And if default of such payment be had and made of the same sum etc. or any parcel thereof at the time & place before limited for the payment of the same: them & from thenceforth after such default of payment made, the said fine to be levied in form aforesaid, shallbe and enure for ever to the only use of the said T. W. his heirs & assigns for ever. And further that he the said T. & his heirs, and all and every other person and persons and their heirs claiming the premises, by or from the said T. W. shall at every time and times during the space of 2. years next after the payment made of the said sum of etc. in form aforesaid when & as often as they or any of them shallbe thereunto reasonably required by the said W. F. etc. as in covenants of assurances. And the said T. W. further covenanteth etc. to & with the said W. F. etc. that if it shall hap A. L. late wife of I. L. to recover by due order & course of the law against the said W. F. his heirs or assigns the third part of the premises for dower to her belonging after the death of the said I S. That then he the said T. W. his heirs or assigns from the time of such recovery had, and after notice thereof to him given by the said W. his heirs or assigns, shall content & pay yearly to the said W. his heirs or assigns during the natural life of the said A. one C. l. of good etc. in the feasts of etc. And the said T. W. covenanteth etc. to & with the said W. etc. that if default of payment be had and made of the said sum of C. l. or any etc. at the time & place before limited for the payment of the same: That then and from thenceforth all and every covenant etc. comprised in this present Indenture on the part of the said T. W etc. to be observed or performed, and all and every bond wherein the said T. standeth bound for the performance of the same, or any of them, shallbe utterly voided and of none effect. And that then the said W. his heirs or assigns, shall within one month next after such default of payment made as is aforesaid, deliver or cause to be delivered unto the said T. his heir ●●r assigns, not only the Counterpane of this Indenture sealed by the said T. and all such bonds as the said T. shall stand bound in, to the said W. for performance of the covenants comprised in the same Indenture, and the same deed of feoffment made by the said T. unto the said W. F. but also all such deeds etc. as the said W. F. etc. shall before that time have received by the delivery of the said T. his heirs or assigns. And that then, and from thenceforth after such default of payment made as is aforesaid, the said W. F. & his heirs etc. as in covenants of assurance. In witness whereof etc. ¶ A Sale upon condition. THis Indenture etc. Between S. I and A. his wife, and N. N. etc. Sect. 417. witnesseth, That the said T. and A. with their own whole consent and agreement, for the sum of etc. Have given & granted &c. unto the said N. and his heirs for ever, all that mesuage etc. To have & to hold the said mesuage & other the premises with their appurtenances to the said N. N. his heirs & assigns, to the only use and behoof of the same N. his heirs & assigns for ever. And the said T. I. covenanteth etc. that he the said T. and A. his wife, shall on this side the feast of etc. as in covenants to make estates. Nevertheless the said N. covenanteth etc. as in covenants to pay money, at the feast of etc. That then and from thenceforth this present bargain & sale of the said mesuage & other the premises shallbe clearly frustrate, void & of none effect. And that then also he the said N. his heirs etc. within 8. days next after the full payment of the said xx. li. in form aforesaid to be paid, shall assure etc. or cause to be assured &c. to the said T. and his heirs, to the only use of the same T. and his heirs for ever, all such estate etc. of and in the said mesuage and other the premises, which he the said N. before that time shall have had or received of the said T his etc. The same mesuage & all other the premises then being clearly discharged of all troubles, charges, & encumbrances, had, made or done by the said N. his heirs or assigns. And if it shall fortune the said T. his executors or assigns, to make default of payment of the said xx. l. in form aforesaid, to be paid, or any part thereof: Than the said T. covenanteth etc. by these presents, that the said bargain and sale of the said mesuage and other premises, shall stand and remain in full strength and effect for ever. And then the said N. covenanteth etc. truly to content and pay, or cause to be contented and paid to the said T. his etc. x. l. residue of the said xxx. l. within one month next after default of payment to be made of the said ●●. l. or any part thereof, in form aforesaid to be paid for the full and clear purchase of the said mesuage and other the premises. And it is further covenanted etc. that the said T. his heirs nor executors, shall not at any time hereafter bargaime, sell, alienate, or otherwise put away the said messsage or other the premises, or any part thereof, to any person or persons but only to the said N. his heirs & assigns: The same N. his heirs & assigns, paying to the said T. his heirs, executors, or assigns, for the purchase of the said messsage & other the premises, as much money at such days, & in as brief time as any other person or persons will give and pay for the same, without fraud or collusion. In witness etc. ¶ A Mortgage of lands. THis Indenture etc. Witnesseth, that the said A. B. in consideration Sect. 418. etc. hath bargained &c. unto the said C. D. his heirs for ever, all that messsage etc. And also all and singular the rents, reversions, & other yearly profits whatsoever reserved by and upon whatsoever leases, gifts, or grants, had, made, or granted, of the premises or any part thereof etc. And also all the said I B. for the consideration aforesaid hath bargained &c. unto the said C. D. all his estate, right, title, interest possession, reversion, remainder, claim and demand to, of, and in the said messsage or tenement etc. And except one escript, obligation, or statute of the staple, wherein the said A. B. standeth bound to one E. S. in the sum of etc. and also except one recognizance wherein the said A. B. standeth bound to A. W. in the sum of etc. And that the said C. D. his heirs etc. by force of these present Indentures of bargain and sale, and of other conveyances of the premises hereafter to be had & made, shall and may peaceably and quietly have, hold, etc. the said messsage etc. and every parcel thereof, to the only proper use of the said C. D. Provided always, and nevertheless the said C. D. is contented & pleased, & for him etc. covenanteth etc. as in covenants, that if the said A. B. his heirs, executors, administrators or assigns, do well and truly content and pay etc. that then and from thenceforth, as well all conveyances and assurances made by and from the said A. B. and R. M. and all bonds, Obligations, estatutes and recognizances wherein and whereby the said A. B. and R. M. are by any means bounden to the said C. D. as also these presents, and all assurances hereafter to be made and passed by virtue hereof, shall be utterly void, frustrate, and of none effect, to all intents and purposes in the law. And that then also the said C. D. his executors, administrators or assigns, shall and will well and truly deliver etc. as in covenants to deliver writings, all the said conveyances and assurances uncancelled, & all the said bonds, obligations, estatuts & recognizances and also the one part of these presents to be canceled. And the said A. B. covenanteth etc. that if default be made, of, or in the payment of the said sum of C. marks in part or in all, at the day and place aforesaid contrary to the form aforesaid appointed: That then as well the said conveyances, bonds, obligations, estatutes and recognizances, as also these present Indentures, & the bargain & sale afore made of the said mesuage and premises shall stand, remain, and abide in full strength and virtue, and shallbe good, effectual, and available in the law to the said C. D. his heirs etc. In witness etc. ¶ A Mortgage. THis Indenture etc. Witnesseth, that the said I E. for etc. to be well Sect. 419. & truly paid by the said Earl, his heirs, executors, administrators, or assigns, to the said I. E. his executors or assigns, in such manner & form as hereafter in these presents shall be expressed & mentioned, hath bargained and sold, and by these presents doth fully and clearly bargain all the said manor etc. Provided always, and the said E. for himself &c. doth covenant etc. that if he the said E. his etc. do not well and truly content and pay, or cause to be well etc. to the said I. C. his etc. the sum of etc. Or if the said E. do fell, or cut down any wood, pull down any, or let down any buildings, or do any manner of wilful waist, in, or upon the premises or any part thereof at any time before the full end and expiration of 7. whole years next coming after the date hereof, or if the said I C. his etc. well & truly content and pay, or cause to be well and truly contented and paid to the said E. his heirs or assigns, the sum of etc. at any time within the space of the said 7. whole years next ensuing and following the date of these presents, That then, & from thenceforth etc. as in clauses of re-entries. And also that after any want, default, or lack of payment of any of the said payments of any of the said sums of money to be paid by the said E. his heirs, executors, etc. to the said I. C. his executors, administrators or assigns, in manner and form above mentioned and expressed, or any manner of wilful waist to be done or suffered to be done by the said E. his heirs, executors, administrators, or assigns, in, & upon the premises, or of any part thereof, or of the true payment of etc. to be paid by the said I. C. his heirs, administrators or assigns, to the said E. his heirs, administrators, or assigns, in manner and form above mentioned and expressed: this present bargain and sale and all and every act, deed, and thing hereafter by any means to be had, made, done, or suffered at any time before the end and the expiration of seven years next coming after the date hereof for, or concerning the said manor, shallbe voided etc. And that then also the said Earl, his heirs and assigns, and every other person and persons shall stand and be possessed and sessed, of, & in the said manor of W. and all other the premises in these presents bargained & sold, to, and for the only use & behoof of the said I C. his heirs & assigns for ever, and to, and for none other use or uses: this present bargain & sale, or any act, deed, or thing hereafter to be done, made or suffered at any time before the full end and determination of the said 7. years next ensuing after the date of these presents, to the contrary thereof in any wise notwithstanding. And also if the said E. his heirs, executors, administrators, or assigns, shall not, or do not well and truly pay, or cause to be well & truly contented and paid to the said I. C. his heirs, executors, administrators, or assigns, the said sum of etc. of lawful money of England, in manner & form above mentioned and expressed, or do, or shall commit any manner of waist, in or upon the premises, before the full end & term of 7. years next following the date hereof. Or if the said I C. his heirs etc. shall, or do well and truly content & pay, or cause to be well and truly contented & paid to the said E. his heirs, executors, administrators, or assigns, the said sum of etc. of lawful etc. in manner and form above mentioned and expressed: That then the said E. his heirs, executors, and assigns, shall do, suffer and acknowledge, all and every such reasonable act etc. And also it is covenanted and agreed betwixt the said parties, that he the said I C. his heirs or assigns, shall and may have, hold, and quietly enjoy and possess all the said manor of W. with the appurtenances, and all other the premises heretofore in these presents bargained and sold unto the said I. C. his heirs and assigns, from the date of these presents until etc. next following the date hereof, without any let, ve●ation, trouble, suit or demand, had, made, or to be had, or made by the said E. his heirs or assigns, by virtue and colour of this present bargain and sale. In witness etc. Fee Farm. ¶ A feoffment in fee Farm. SCiant etc. qd nos I T. W. T. & I M. dedimus, concessimus, & hac Sect. 420. praesenti charta nostra indentata ad feodi firmam dimisimus N. H. de W. unum gardinum cum pertinent vocat' M. jacent in N. in come E. viz. etc. quod quidem gardinun fimul cum alijs terris & tenementis nuper habuimus ex dono & feoffamento R. T. armigeri. Habendum & tenend' totum praedict' gardin cum suis pertin' praef. N. haered' & assign' suis imperpetuum, de capitalibus dominis feod' illius ꝑ seruitia inde debit', & de iure consueta. Reddendo inde annuatim nobis, haered' & assignatis nostris nomine feodi firmae etc. aequis portionibus, & faciendo inde sectam ad curiam manner nostri de M. in S. bis in anno, viz. ad proximam curiam ibidem tenend' post festum etc. & ad ꝓximam curiam ibidem tenend' post festum etc. pro omnibus alijs seruitijs, consuetud' & demand'. Et si praedict' firma aretro fuerit in part vel in toto per quindecim dies post aliquen terminum solutionis quo ut pfertur solui debeat, Aut si praedict' secta nobis haeredibus & assign' nostris ad aliquam cur' in manner nostro praedict' bis in anno tenend', ut praedictum est, substracta fuerit, tunc vult & concedit praefat' N. pro se haered', & assign' suis ꝑ praesentes, quod bene liceat nobis prefat' I W. & I G. & haeredibus & assignatis nostris in etc. & penes se retinere quousque de praed' firma sic aretro existent, & eius arreragijs si quae fuerint, nec non de substract' sectae predict' nobis, haered' et assignat' nostris plenary fuerit satisfactum. Et si praedict' firma aretro fuerit in part vel in toto, per duos annos post aliquem terminum solutionis eiusd', aut si praed' secta nobis, haered', aut assign' nrns ad aliquam curiam in manerio nostr' praedict' bis in anno tenend', ut praed' est, ꝑ duos annos substracta fuerit, tunc vult & concedit praefat' N. pro se, haered' & assignat' suis per praesentes, quod bene liceat nobis etc. As in reentries. Sales. ¶ A sale of lands reserving Rent. THis deed Indented etc. Witnesseth, That I W. W. have Sect. 421. given etc. and by this my present deed do give etc. to R. W. and M. his wife of R. one mesuage etc. To have and to hold all & singular the said mesuage etc. to the said R. M. & to the heirs etc. And for default of such issue of their two bodies between them lawfully begotten, the remainder of all the said mesuage etc. after the death of the said R. and M. to the heirs of the body of the said M. lawfully begotten and to be begotten: and for default of such issue of the body of the said M. lawfully begotten, the remainder of all the said mesuage etc. after the decease of the said M. to the right heirs of the said R. M. for ever. Yielding and paying therefore yearly during all and every the said several estates unto me the said W. W. my heirs and assigns for ever ten pound of lawful English money, at the feasts of S. Andrew the Apostle and S. john Bap. by even portions in the now dwelling house of etc. And if it shall happen etc. with a clause of re-enter if the rent be behind. Provided always and upon condition following: that is to say, That if the said R. and M. or either of them, or the heirs of their two bodies between them lawfully begotten, or any of them do well & truly pay, or cause to be paid to me the said W. W. or my certain Attorney, mine heirs, executors, administrators or any of them, the just sum of one hundred pounds of etc. at one whole and entire payment for the said annual rent, measuage etc. in any feast of the said feasts etc. hereafter following during the space of six whole years next ensuing the date hereof, together with v. pound of the said rend in the same feast of S. A. the Apostle, or S. john Bap. to be due by these presents, in the said now dwelling house of the said W. W. in R. aforesaid, paying first the said annual rent of x. l. by year at every of the said feasts and terms of payment, in the which as is aforesaid it aught to be paid each & every year, in manner & form above in this present Charter limited and expressed, according to the force, effect, & true intent of this present charter. And also giving to the said W. W. his etc. notice and warning of the payment of the said sum of etc. in form abovesaid, to be paid x. weeks at the lest before the payment thereof: That then immediately after the payment of the said sum of etc. in manner & form aforesaid to be paid, the said yearly rend of x. pounds, and every part thereof to cease, be determined, made voided, extinguished, and utterly adnihillated for ever by these presents, or else the same to stand, remain, and be in his full strength, power, and virtue. In witness etc. ¶ A Covenant not to cell, but to the vendee. ANd the said I. K. doth covenant etc. That neither he the said I. K Sect. 422. nor his heirs, nor any of them at any time or times hereafter shall or will give, grant, bargain, mortgage, sell, alien, set over, altar, discontinue, or departed with any part of any the messages, lands, tenements, & hereditaments, above hereby mentioned to be bargained & sold, or whereof he the said I. now standeth & is seized to any person or people other then only to the said N. S. or his heirs, if the said N or his etc. will give such price & prices for the same, as shallbe set down, made & appointed by T. W. A. G. & N. S. or so many of them as shall happen to be living, at the time of such sale & alienation to be made, without the speciallicence of the said N. S. or his etc. first had & obtained in writing Gifts. ¶ A general gift of goods. OMnibus etc. Sciatis me praefat' F. etc. dedisse etc. W. W. etc. Sect. 423. oina bona et cattall'mea, mobilia & immobilia, viva & mortu● cuiuscunque generis seu speciei, in quorumcunque manibus, seu in quibuscunque locis existunt: Necnon totum ius meum, titulum, ac ius terminor annor quoruncunque. Habend' etc. ut infra 425 * pref. W. W. & assign' suis imperpetuum. In cuius rei etc. ¶ A gift of goods and chattels, with covenants to found the donor necessaries, and perform his william. THis Indenture made &c. between R. E. etc. on the one party, and Sect. 424. T. S. of etc. on the other party, Witnesseth, that the said R. E. for the considerations hereafter in these presents expressed, & for the just & true performance of such premises, as on the part & behalf of the said T. his executors and assigns are made to be kept to the said R. hath given & granted &c. to the said T. S. all his leasses, farms, and terms of years, cattles, implements, household-stuff, beasts and cattle, and all other his other goods, aswell real as personal, movable as unmovable whatsoever, the gold, silver, and coin, which the said R. now hath, or is owner of, And one mesuage etc. only excepted. To have and to hold the said leases, farms, and terms of years, and all and singular the said goods and chattels, and other the premises (except before excepted) to the said T. S. his executors and assigns, to his and their own proper use and uses. And the said R. doth further authorize and appoint the said T. S. to ask and demand all such debts and sums of money as be owing by any person or persons to the said R. And further, to sue and implead any of the said persons or debtor in the name of the said R. as shall refuse or delay the payment of the said debts or sums of money, at his will and pleasure. And after that the said T. shall receive, obtain, get, and recover the said sums or debts: Than the said R. doth further give power & authority to the said T. to take & keep the same to his own use & commodity, without making any account thereof to the said R. or to his executors or etc. And the said R. doth further promise to the said T. not to release or discharge any of the said debts or sums of money so owing to him, without the assent and good will of the said T. first had and obtained: In consideration whereof the said T. G. for him, his etc. doth covenant etc. that the said T. and his executors shall and will found and provide to the said R. during his natural life, convenient and sufficient meat, drink, & apparel. And also one comely and decent Parlour or chamber for the said R. to lie in severally, with fire and candle necessary, during his natural life, and one person to attend upon him during the time aforesaid. And moreover, that it shall & may be lawful for the said R. to make & declare his last Will and Testament of goods to the value of xl. pound, and that the said T. shall and will pay & perform in such convenient time, as by the said last will shall be appointed, all such legacies and bequests, as the said K. shall give and bequeath so that the same do not amount above the sum of xl. pound. And finally the said T. doth promise & grant for him, his etc. to content & pay yearly to the said R. E. during his natural life, the yearly rent or sum of etc. at two feasts in the year: that is to say, at the feasts of S. Mich. th'archangel, and the Annunciation of our Lady, by even portions. In witness etc. ¶ A Gift or grant of Goods. THis Indenture etc. Between T. W. of the County of Y. Esquire Sect. 425. on the one party, and I. W. & T. W. the younger, & E. W. sons of the said T. W. the elder, and E. W. A. W. and M. W. daughters of the said T. W. the elder on tother party, Witnesseth, that the said T. W. the elder, aswell in consideration of the natural love & affection which he beareth towards his children, & of the fatherly care which he hath of their preferment & advancement, as for divers other good causes him hereunto especially moving, hath given, granted & confirmed, & by these presents doth give, grant, & confirm unto the said I. T. W. the younger, Ed. W. Eliz. W. and M. W. their executors, administrators, & assigns, all his goods & cattles whatsoever. (*) Nevertheless, it is fully concluded, condescended, & agreed, by, & between all the said parties to these presents, in manner & form following: that is to say, That it shall & may be lawful to and for the said T. W. the elder, at all and every time & times hereafter, during his life natural, if he remain so long unmarried, peaceably & quietly to have the use, occupation, increase, and profits, of all the said goods and chattels, without any lawful let, suit, trouble, expulsion, or encumbrance of them the said I T. W. the younger, Ed. Eliz. A. & M. their executors or administrators, or any of them, or any other person and persons whatsoever, claiming, by, from, or under them, or any of them: These presents, or any thing therein contained to the contrary thereof in any wise notwithstanding. In witness etc. ¶ A gift of goods upon condition to found necessaries &c. OMnibus etc. T. I. salutem etc. Sciatis me praef. T. pro certis bonisque Sect. 426. considerationibus me specialiter movent, dedisse, concessisse, & hoc praesenti scripto meo confirmasse A. G. de civitate N. omnia bona etc. (ut supra 423. verbatim) Habend' & tenend' omnia praedict' bona & catalla mea, ubicunque inuent' fuerint, ac caetera praemissa praefat' A. G. et assignatis suis imperpetuum: Ita viz. quod nec ego praed' T. I. nec executor' vel administrat mei, nec aliquis alius nomine meo, seu nomine eorum, aliquid iur̄, proprietat, vel clameis, de, aut in praedict' bonis & catallis, ac caeteris praemissis, nec in aliqua inde parcella de caetero exigere, clamare, vel vendicare poterimus nec debemus quouismod' in futur', sed ab omni actione, juris, clameis, & demand' inde in futur', habend' seu vendic' penitus sumus exclusi imperpetuum per pnsentes, sub conditione sequent, viz. Si praedictus A. G. execut vel assignati sui invenient seu inveniri facient tam mihi predict' T. I. quam cuidam M. P. viduae matri mei predict' T. I sufficient̄ et competent̄ victual' & vestit, hospicium & cubilia, ac omnia & singula alia nobis & nostrum cuilibet necessaria, tam in egritudine quam in sanitate, durant̄ vita natural' tam mei dicti T. I. quam dictae M. P. et nostrorum utriusque diutius vivent, necnon soluat seu solui faciat omnia hmndi debita mea, nominat & specificat in quadam scaedula huic praesenti scripto meo annex'. Quod tunc praesens donatio bonorum & catallorum predictorum firma sit & stabilis, ad proprium usum pndict̄ A. G. et assignatorum svorum imperpetuum, alioquin frustra sit ac pro nullo habeatur. In cuius rei etc. Pawns and Gauges. ¶ A gage of Plate and goods etc. THis Indenture made etc. Witnesseth, that the said R. for the sum Sect. 427. of etc. hath bargained, sold, given, & granted, and in open Market of the City of N. hath delivered, & by these presents doth fully & clearly bargain, cell, give, & grant unto the said T. M. his executors etc. all these parcels of Plate & other implements hereunder specified, viz. One bowl of silver all white, one dozen of silver Spoons with knops, one little Salt of silver all white, containing all together twenty nine ounces, one yellow chest bound with seven broad bars of Iron, and all and singular such pieces and parcels of woollen and linen cloth, and Pewter, as been remaining and closed within the said chest, together with one coverlet of tapistry work, one blanket of linsey wolsey, and two Featherbeds, and two bolsters, stuffed with feathers. To have and to hold the said silver bowl, silver salt, and the said dozen of silver spoons, together with all and singular the said implements and stuff, and all the premises, & every part and parcel of the same, to the said T. M. his executors, administrators & assigns for ever. And the said R. C. for him, his executors etc. doth covenant and grant by these presents, to and with the said T. M. his executors etc. that he the said R. at the time of the date hereof, was true, sole, and proper owner of the said parcels of Plate, and all and singular other the premises, & every part and parcel of the same, and then had full power and good, just, lawful, and perfect right, title, and interest, to bargain, cell, give, grant, and deliver, all and singular the premises, and every part and parcel thereof in form aforesaid. Provided always, and it is agreed between the said parties etc. that if the said R. C. his executors, administrators or assigns, shall well and truly content and pay or cause to be paid to the said T. M. his certain Attorney or executors, the sum of etc. in the feast day of etc. That then this present bargain, sale, gift, and grant of all the premises, & every parcel thereof, to be utterly frustrate, void, and of none effect. And that then also the said parcels of Plate, and all other the premises shallbe by the said T. his executors &c. redelivered to the said R. his executors, administrators etc. at the mansion house of the said T. within the city of N. aforesaid: any thing before recited to the contrary in any wise notwithstanding. In witness etc. ¶ A Bill of sale. BE it known unto all men by these presents, That I I. M. of L. Sect. 428. gentleman in consideration of the sum of six pounds of lawful money of England, to me in hand, at, and before the sealing and delivery hereof, by I. C. of L. Draper, well and truly paid, whereof and wherewith I do acknowledge myself fully satisfied and contented, have bargained and sold, and in plain and open Market within the City of London, have delivered unto the said I C. one gown of black Russet coloured cloth, furred throughout, & laid on with a billiment lace, & one Cloak of satin guarded with two guards of velvet round about. To have and to hold the said gown & cloak before sold, and every part thereof unto the said I C. his executors & assigns, freely, peaceably, and quietly, as his and their own proper goods for ever, without any let or denial of me the said I M. mine executors and assigns, or any of us, and with warranties against all people for ever by these presents. Provided always, that if I the said I M. mine executors or assigns, or any of us, do well and truly pay or cause to be paid unto the said I C. his etc. that then the sale aforesaid to be voided & of none effect, or else to stand & abide in full strength & virtue. Sealed with my seal etc. Given the xi. day of Feb. ¶ A Gage of a ch●ine of gold. HEc Indentur fact' etc. inter R. W. & B. M. etc. testat quod pnd' R. Sect. 429. vendidit B. quandam Chatenan aurean cum una cruce a●rea sculpt̄ cum uno crucifixo ponder̄ in toto quinque vnc' ap pciat ad C. li. etc. Praedict' tamen B. vult & concedit ꝓ se & executoribus suis ꝑ pnsentes qd' si pnd' R. soluat, seu solui faciat pfato B. aut suo certo atturnato, seu executoribus suis, septim die mensis julij ꝓximo futuro post dat' presentium x. li. etc. qd' tunc pnd' B. deliberabit seu deliberar̄ faciet prefat' R. aut suo certo attornato pnd' cathenam cum cruce pndicta, absque impetitione vel contradictione aliqua. In cuius etc. Leases. ¶ A Lease for years of a mesuage by a Corporation. THis Indenture made the xxv. day of A. in the Sect. 430. 34. year of etc. Between W. P. citizen & goldsmith of L. Master of the guild or fraternity of etc. & R. C. Citizen & Merchant tailors of L. Wardens of the said gild or fraternity on th'one party, & R. S. of L. Esq. on tother ꝑty, Witnesseth, that the said Master & Wardens, for them & their successors, with th'assent, will & consent of all the brethren & sisters of the said fraternity or guild, have granted, demised, and to farm let to the said R. S. by these presents, all that their mesuage or tenement and garden thereunto adjoining with sellers, solers, and all other appurtenances thereunto belonging, called A. B. set and being in Fleetstr in the said parish of saint D. that is to wit, between the tenement pertaining to the dean and Canons of the King's Chapel of S. within the palace in W. now in the holding of I. C. on the East part, and a tenement pertaining to the said fraternity now in the tenure of T. V on the West part, & the gardens pertaining to the Mystery or craft of Goldsmiths of London on the North part, and the tenements pertaining to the said fraternity, wherein I. D. warchandler, and I. F. gent. now devil on the South part. To have and to hold the said mesuage or tenement and other the premises above let with the appurtenances to the said R. S. his executors or assigns, from the feast of the Annunciation of our blessed Lady the virgin last passed before the date hereof, unto the end and term of xxx. years than next ensuing, and fully to be complete. Yielding and paying therefore yearly during the said derme to the said Master and Wardens, and to their successors or assigns iiii. l. of good and lawful money of England at four times of the year, that is to say, at the feast of the Nativity of S. john Bap. S. Mich. tharcangell, the Nativity of our Lord God, & thannunciation of our Lady the Virgin by even portions. And if it happen the said yearly rend of iiii. l. to be behind and unpaid in part or in all by the space of one month next after any of the said feasts of payment, at the which it aught to be paid: That then it shall be lawful to the said Master and Wardens and their successors, into the said mesuage or tenements and other the premises above let with thappurtenances, and every parcel thereof to enter and distrain, and the distresses so there taken, lawfully to bear, lead, drive, and carry away, and the same to withhold and keep until they of the said yearly rend, and every parcel thereof with tharrearages of the same (if any be) unto them be fully contented, satisfied and paid. And the said R. S. for him, his executors and assigns covenanteth and granteth to and with the said Master and Wardens and their successors by these presents, that he the same R. S. his executors and assigns, at his and their proper costs and charges, the said mesuage or tenement, and other the premises above let with the appurtenances, with the pavements and wydraughts of the same, in and by all things well and sufficiently shall repair, sustain, maintain, scour, and cleanse as often as need shall require during the said term, and the same so repaired, scoured and cleansed, with all glass windows, iron doors, locks and keys (as it is thereof and therewith now fully furnished and garnished) at the end of the same term shall yield up and leave. And that it shall be lawful to the said Master & Wardens & their successors, at all times during the said term at their liberty and pleasure, to come and to enter into the said mesuage or tenement, and other the premises above let with thappurtenances, and every parcel thereof, there to view and search what reparation shall be needful to be made and done: and upon such view and search had, the said R. S. for him, his executors & assigns covenanteth and granteth to and with the said Master and Wardens and their successors by these presents, that the same R. his executors and assigns at his and their proper costs and charges, shall during the said term within one quarter of a year next after monition and knowledge to him or them given by the said Master & Wardens, or their successors, well and sufficiently from time to time repair and amend, all such defaults and lack of reparations, as there shall happen to be found. And that the same R. his executors and assigns during the said term, shall peaceably and quietly permit and suffer the said T. W. and all other tenants of the said fraternity dwelling there about, to have, use, and enjoy all such lights, penthouses, and other easements as now be & appertain to their several tenements or mansions, without any stopping, darkening, impairing, breaking, hurting and diminishing, and without let, interruption or disturbance of the same R. his executors or assigns, or of any other person or persons by his or their commandment, means or procurement. And that it shall not be lawful to the said R. his executors nor assigns, to bargain, grant, alien, let or set his lease, interest or term, of and in the said mesuage and other the premises above let, or any parcel thereof, to any person or persons during the said term, but only at will from year to year, without the consent and agreement of the said Master and Wardens or their successors, first had and obtained in writing under the common seal of the said fraternity. And the said Master and Wardens for them and their successors, covenant and grant to and with the said R. S. his executors etc. by these presents, that the same Master & Wardens & their successors at their proper costs and charges shall bear & pay all manner of quite rents, and other rents and duties if any such be due or to be due, & going out of, and for the said mesuage or tenements & other the premises above let during the said term, & thereof shall acquit, discharge or save harmless the said R. S. his etc. In witness whereof to the one part of this Indenture remaining with the said Master and Wardens and their successors, the said R. S. hath put his seal: & to the other part of the same Indenture remaining with the same R. the said Master and Wardens have put their common seal of the said fraternity. Given the day and year above written. ¶ A Lease for years of a house. THis Indenture etc. Between T. D. & A. his wife on the one Sect. 431. party, & N. S. on the other party, Witnesseth, that the same T. & A. the day of the making hereof hath demised, betaken &c. to the said N. all their mesuage or tenement, with all shops, sellers, etc. to the same belonging, set, lying, or being in etc. which was lately in the tenure and occupation of I. C. To have and to hold the foresaid mesuage, (ut supra.) Yielding and paying therefore yearly during the said term to T. and A. his wife, or to either of them, their heirs or assigns iii li. of etc. And if it shall happen the said yearly rend of etc. (As in distresses.) In witness etc. ¶ A Lease for years with exceptions. THis Indenture etc. Between T. I etc. Witnesseth, that the said Sect. 432. T. I. for etc. hath demised &c. all those his messages, lands, etc. except, and always reserved to the said T. I one close etc. and also all manner of wood and timber now growing, or hereafter to grow, in & upon the said premises, or any part thereof, together with free egress and regress to and for he said T. I. his executors, assigns, servants, and workmen, to and from the said premises, aswell with horses and carts, as otherwise, aswell for the felling, making and carrying away of wood & timber, as also for the repairing and amending of the edifices belonging to the premises. To have and to hold as much of the said lands & tenements and other the premises as be freehold, (except before excepted) to the said I. P. his executors and assigns, from the feast of etc. for and during the term of xxi. years, from thence next ensuing, and fully to be complete and ended. And to have and to hold as much of the said premises as be copyhold, or customary tenure, to the said I. P. his etc. from year to year, as the same copyhold may be let without forfeiture, & not otherwise. Yielding and paying for all & singular the premises (except before excepted) being freehold etc. & for all the residue of the same premises being copyhold etc. And the said I P. covenanteth etc. that the said I. his etc. shall yearly and every year during all the said term, found, or cause to be found one sufficient Thatcher & his servitor with sufficient meat, drink, & wages three days in the year at convenient times, for the repairing and amending of the edifices & buildings of the said premises, the said T. I. finding straw & all other things necessary for the same three days work, and every of them from time to time during all the said term. And further, that he the said I P. his executors or assigns at the end of the said term of xxi. years, shall leave all the fences, hedges & gates belonging to the premises, well and sufficiently made and repaired, the same I. his executors or assigns taking in and upon the premises, sufficient thorns & other convenient fensing stuff, aswell for the making and repairing of the said fences, hedges & gates from time to time during all the said term, As also for the leaving of the fences, hedges, and gates, well and sufficiently made and repaired, as is aforesaid, at the end of his term, by the assignment & appointment of the said T. I. his executors, or assigns. Provided always, that it shallbe lawful to the said I. P. his executors or assigns, from time to time during all the said term, to take in and upon the premises without any assignment, as is aforesaid, thorns, and other fensing stuff for the stopping of gaps and repairing of the said fences and hedges, so that the same fensing and stopping do not exceed above a rod at one time: any thing heretofore in these presents mentioned to the contrary in any wise notwithstanding etc. And the said 1 covenanteth etc. that it shall be lawful to and for the said T. I. his executors, assigns, servants, and workfolkes, to enter, come, and go into, and from the grounds belonging to the said premises for the felling, making, and carrying away of all such wood and timber, as the said T. I his executors, assigns, and servants shall from time to time fell and make during all the said term, without let or interruption of the said I P. his executors, or assigns. And that he the same I. his executors or assigns, shall not at any time during the said term, harry, or break up any part or parcel of the close lying at C. bridge, parcel of the demised premises, without the consent & agreement of the said T. I. his executors or assigns. And that the muck or dung that shall be made by his horses or neat in the time of their standing in, shall be bestowed yearly in and upon the arable land belonging to the premises. And furthermore, that he the said I. his executors and assigns, shall and may ear and sow any of the said arable land belonging to the said premises (except before excepted) two. years together during the said term, & not above, & after that let the same land lie one year falow. And the said I P. covenanteth etc. that he the same I. P. his executors & assigns, shall well and sufficiently pasture and feed within the premises, to and for the said T. I. his executors or assigns one gelding & one milchcow yearly, & every year during the said term. And also shall freely give and deliver to the said T. I his executors or assigns, two good & able swine hogs, well & able fatted at the costs & charges of the said I P. his executors or assigns. And also one Boar good & able in like case fatted, & ready dressed, at the feast of the Nativity etc. yearly & every year during all the said term of &. And also shall yearly etc. well & able fat in & upon the premises, to & for the use of the said T. I. his executors or assigns one bullock being of the age of 3. years to be killed, & yearly deliver the same to the said T. I his etc. within the site of the premises at the feast of etc. during all the said term. In witness etc. ¶ A lease for years reserving Barley. THis Indenture etc. between R. T. of etc. & W. A. of etc. witnesseth Sect. 433. that the said R. hath demised &c. unto the said W. A. x. acres of land etc. To have and to hold etc. Yielding & delivering therefore unto the said R. T. his executors & assigns at the late mansion house of the said K M. etc. between the feast of all Saints, which shallbe in the year of our Lord 1599 and the feast of the Purification of our Lady then next etc. xx. quarters of Barley of good measure, & good stuff merchantable, well cleansed, & by a lawful bushel to be measured for the first years farm or rend of the same term: And between the feasts of all Saints & the Purification of our Lady then next & immediately ensuing xx. quarters of barley of like corn and like measure at the place aforesaid for the second and last years farm of the said term. And if it happen the said yearly rend etc. As in distresses. And the said W. A. covenanteth etc. to permit & suffer the said R. his etc. farmers of the fouldcourse of E. to have such shack upon the demised premises with their sheep at seasonable and convenient times to be accounted from Mich. till thannunciation of our Lady yearly, as heretofore they have lawfully used within the said town. And the said R. T. for him etc. covenanteth etc. that he that said R. his executors etc. shall from time to time during the said term acquit, discharge or save harmless the said W. his executors etc. & also the demised premises of all manner of outrents, tasks, subsidies, tithes, tenths, farms & charges, that shallbe issuing, going out, or paiable out, of, or for the said demised premises or any part thereof, except the yearly rend above reserved. And further the said R. covenanteth etc. that it shall and may be lawful unto the same W. his executors etc. by virtue hereof, to have, hold, occupy, & enjoy the said demised premises, for the yearly rent or farm above reserved peaceably & quietly without any lawful let, etc. during the said term etc. And that the said W. A. will sufficiently make or cause to be made a true & perfect terrar or boundary of every several parcel of etc. how the same do lie severally, butt, & bound, and deliver the same to the said R. T. or his heirs in the now dwelling house etc. before the feast etc. next ensuing etc. In witness etc. ¶ A Covenant that rent shall cease upon Eviction. ANd the said I B. for him etc. that if it happen any of the premises Sect. 434. by reason of any former lease, interest, or other title, to be withholden or kept, from the occupation, possession or having of W. E. his executors or assigns, that then the rent of the same reserved to be paid shall cease to be paid, during all such time, as the same shall be so kept, from the said W. his heirs, executors & assigns, & that the same W. his etc. shall quietly have, occupy and enjoy the same premises so kept from him his executors etc. after such time as the former leases & interests shallbe determined, expired and ended, for & until the full end & term of the full rest & residue of the said xl. years then behind & not by him occupied, & for & by th'only rend afore reserved for the same etc. ¶ A Lease for years of a mesuage and lands. THis Indenture etc. Between sir I. B. of etc. and G. P. etc. witnesseth, Sect. 435. that the said I B. etc. hath demised &c. unto the said G. P. all that mesuage or tenement called C. and one croft called R. and xxx. acres of land thereunto belonging etc. To have, hold etc. from the day of the date of these presents, unto the end and term of for and during all the term of one and twenty years thence next and immediately ensuing fully to be complete and ended dispunishable and without impeachment, of, or for any manner of strep, spoil, destruction, or waste of woods whatsoever. Yielding and paying therefore etc. And yielding and doing s●ite at the Court of the said I B. his heirs and assigns, to be holden at the manor of A. in the County of H. twice every year during the said term upon reasonable summons, and in default of every such suit to be hereafter made, shall yield and pay to the said I. B. his heirs and assigns for the first default four pence, the second default six pence, the third time twelve pence, and so for every such default to be made after the aforesaid third default to be made during the said term two shilliings. And also yielding and paying unto the said I. B. his heirs and assigns at the feast of the Nativity of our Lord God, which shallbe in every three year of the said term of xxi. years xx. s. for, and in respect of a fine & herriot, & for & in discharge of all other their duties, services, fines, herriots & demands other than such as been before in this present Indenture reserved. And if it happen the said yearly rend of etc. or the sum of xx. s. reserved for and in respect of a fine and herriot, as is aforesaid, or the said money for suit of Court, or any part or parcel thereof to be behind unpaid after any of the said feasts before by these presents limited and mentioned in which the same aught to be paid, being lawfully demanded at the now mansion house of the premises: that then etc. As in distresses, I B. his heirs, executors, administrators or assigns; into the premises & demised tenements to enter & distrain, & them to detain and keep, until they shallbe satisfied and paid of the said rents, fines and sums aforesaid so happening to be behind and unpaid, together with the arrearages thereof, if any such shall happen to be. And the said I B. etc. covenanteth etc. that he the said I B. at the ensealing and delivery hereof standeth, and is sole, only and rightly seized of the said tenements & premises of an estate of inheritance in fee simple, or in fee tail general with the reversion or remainder thereof to his own heirs for ever in his own right, and to his own use without any manner of condition or other limitation of use which may altar, change, destroy or discontinue the same or any part thereof, by good, perfect, and sufficient conveyance & assurance in the law, and that he the said I B. at the ensealing & delivery hereof hath good, full, and perfect power, and lawful authority to demise, grant, assure, and convey the said mesuage, tenements and other the premises unto the said G. P. his heirs, executors, administrators, and assigns, according to the effect and true meaning of these presents. And that the said I B. his heirs, executors, administrators and assigns, shall and will, at all times hereafter, during all the said term of xxi. years, acquit and discharge, and save harmless, aswell the said G. P. his heirs, executors, administrators & assigns, and all other occupiers of the premises, as all the said tenements, and premises and every part thereof, of, and from all former bargains, sales, leases, dowers, jointers, rents services, rend charges, arrearages of rents, and all other charges and encumbrances whatsoever, other than the rents services and sums of money in these present Indentures before reserved and mentioned. And that the said G. P. his heirs, executors, administrators, and assigns, and every of them shall and may, at all times hereafter, and from time to time, during the said term of xxi. years, have, hold, occupy, and enjoy, all and singular the said messages, lands, tenemeuts, and other the said demised premises, and every part and parcel thereof with the appurtenances according to the tenor, effect and true meaning of these presents, without any manner of lawful let, interruption, suit, veration, impediment, eviction or trouble of the said I B. or of any other person or persons, by his or their commandment, means, procurement, assent, consent, occasion or agreement, or lawfully claiming, or which shall or may hereafter lawfully claim from, by, or under the said I. B. or his title etc. In witness etc. ¶ A Lease of Lordships by a Dean and Canons. THis Indenture etc. Between I P. doctor of the civil law, Deane Sect. 436. of the College etc. And the Canons of the same College on th'one party, & A. D. on tother party, Witnesseth, that the said Deane & canons by their whole & mutual assent etc. have demised &c. unto the said A. their mansion or dwelling place of their manor or Lordship of T. aforesaid in the said county of B. lately called the Priory, with all the site & circuit of the same mansion, barns, stables, & all houses, buildings, yards, closes, orchards, gardens, ponds, and stews, contained within the same site or circuit, together with the demesne lands, meadows and pastures, with all and singular the appurtenances to the said mansion or dwelling place, manor or Lordships or to any part or parcel thereof, or to any of them belonging, or in any wise appertaining, and also all and singular their lands, tenements, meadows, leases, pastures, commons, fishings, with all other easements, profits and commodities and all other their hereditaments, whatsoever they be, set, lying and being within the Town and fields of T. aforesaid. And also all those their two mills called &c. with all & singular their appurtenances, profits, and commodities, & with all other their messages, lands, tenements, meadows, pastures, commons, easements, profits & commodities, with all & singular rents, reversions, remainders, & services of all the tenants, aswell freeholders as tenants for years or from year to year, copiholders, tenants at will or otherwise, set, lying or being, to be perceived or taken within the towns, parishes or fields of S. etc. lately belonging & appertaining to the said late Priory of T. aforesaid, with all & singular their appurtenances, & all that their manor or Lordship of T. withal the demeans of the same, and all and singular their other mesuage etc. as next above. And also all manner of such glebe lands and tenements, tithes, oblations, fruits, profits, and commodities whatsoever they be, to the Churches and Parsonages of N. C. and L. or to any of them now belonging, or in any wise appertaining, or which at any time heretofore have of right appertained or belonged to them, or to any of them: And also all and singular pensions and portions in L. W. etc. with all rights, profits, casualties, & commodities, aswell spiritual as temporal: together with all woods, underwoods', warrens, and other liberties whatsoever they be, to the said manors or Lordships of T. or C. or to either of them belonging, or in any wise appertaining, or that be set, lying or being in the towns and fields of T. and C. etc. aforesaid, or in, or upon any of the premises: Excepted and always reserved unto the said Deane and Canons, & to their successors, all such rents & fruits, pensions, and portions, which be contained in a Schedule indented thereof made, & to this Indenture annexed, amounting the yearly value of xx. l. And also except & reserved unto the said Deane etc. all & singular felons goods, reliefs, wards, marriages, escheats, hariots, advowsons, and patronages of churches, in any wise to the said lordships belonging. To have, hold, occup●e, and peaceably to possess and enjoy the said site, manors, or lordships, and all and singular the premises with their appurtenances (except before excepted) unto the said A. D. etc. in as ample and large manner and form, and as much for his commodity & profit, as ever any being Prior of T. aforesaid, or any other farmer, occupier, or possessor of the same, have at any time heretofore lawfully occupied, possessed, or enjoyed the premises, or any part or parcel thereof. Yielding and paying therefore yearly unto the said Deane and Canons, & to their successors etc. And the said A. covenanteth etc. that he the said A. his executors or assigns, shall at his or their proper costs and charges, well and sufficiently repair, sustain, and uphold the said manor place, and all other houses, barns, and stables, and all manner of tenements and buildings, now builded, during the said term of etc. or to be builded to the saidmanor of T. and C. or to either of them belonging or appertaining during the said term. And also well and sufficiently keep, scour & repair all manner of hedges, diches, and muds, of, and in the said lands of the said manors & other the premises, during the said term, & so being well and sufficiently repaired, in the end of the said term shall leave and yield up the fame. And the said Deane and Canon's covenant etc. to bear and maintain all manner of reparations of Chancels of all such Churches as belong to any of the said manors, or that now be, or that hereafter shallbe scituat, edified, or builded in any of the said towns, villages, or hamlets before mentioned, or upon any the said lands, tenements, or other the premises. And also to discharge or save harmless the said A. D. his executors & assigns of all such things as are due, by reason of a composition made between the late Prior of T. and the Parochians of etc. bearing date the tenth of januarie, Anno Do. 1550. as in the same composition more plainly is declared. And also the said A. covenanteth etc. to acquit and discharge or save harmless the said Deane etc. of and for all manner of quite rents, and other charges whatsoever they be, due or accustomed to be paid out of the said manors or lordships, or out of either of them, or other the premises, or any parcel thereof, to our Sovereign Lady the Q. the chief Lord of the fee or fees thereof, or to any other person or persons whatsoever they be during the said term, having their commencement, beginning, and being before the date of these presents, the tenth or tenths out of any of the premises due unto our Sovereign Lady the Q. only excepted, which the said Deane and Canons and their successors shall bear and pay, during the said term. And moreover the said Deane etc. by these presents do licence & aucthorize the said A. and also doth covenant etc. that he the said A. his executors or assigns, by his or their sufficient deputy or deputies, shall keep the Courts and leetes within the said manors and lordships, or with in either of them, in the name of the said Deane, when and as often as it shall seem good unto the said A. his executors or assigns, without fee or other allowance demanding of any person or persons for the same, during the said term. And also the said A. covenanteth etc. to levy, gather, and receive to the use of the said Deane and Canons, and their successors, all such rents as be excepted and reserved out of this Indenture, & mentioned in the said Schedule indented, hereunto annexed, at such time as they shallbe by the law recovered, or by any other way or means sufficiently or lawfully tried & proved against the said tenants or deteynors or withholders of the said rents and duties to be payable unto the said Deane and Canons, which he the said A. D. may obtain or get, without costs & charges in the law to be had or made by the said A. for the s●me, and for the collection thereof to demand no fee or other allowance whatsoever, of the said Deane and Canons upon his account thereof to be made before the Auditors of the said Deane and Canons & their successors during the said term. Also the said A. covenanteth etc. to make payment, at and within the said College of the said yearly rend of etc. equally at the terms of payment before specified, to the hands of the Treasurer of the said College, at his own proper costs and charges, without allowance taken for the same during the said term. And the said Deane and Canons for them and their successors, do covenant etc. that the acquittance made, sealed, & signed by the Treasorers of the said College, or by either of them to the said A. or his executors, or his assigns, for the payment of the same yearly rent, or any part or parcel thereof, in manner & form before mentioned, shallbe a good, sure, & sufficient warrant and discharge unto the said A. his executors & assigns, and to his or their deputy or deputies for the payment thereof. And if it happen that the said yearly rent of etc. to be behind etc. as in distresses And if it happen the said yearly rent of etc. to be behind unpaied in part or in all, after any of those feasts of payment before mentioned, by the space of three Months, and lawfully asked or demanded, at, or in the said mansion house of T. aforesaid, and no sufficient distress can there be found upon the said tenements and premises, for the same rent so behind: That then etc. as in Reentries. And the said Deane and Canons covenanten etc. that if the said A. his executors and assigns, shall happen at any time hereafter to be evicted or dispossessed of any of the premises, or any part or parcel thereof without covin or fraud on the part of the said A. his executors or assigns: That then the said rend of etc. shallbe apporcioned and diminished accordingly, and after such rate & portion, as the quantity and value of the said lands, tenements, rents, hereditaments, and other duties, parcel of the premises so evicted or taken from the possession or occupation of the said A. his executors or assigns, shall amount and arise unto. And that it shall be lawful unto the said A. his executors or assigns, to defalk and retain so much of his rent at every of the said payments: This Indenture etc. notwithstanding. And further the said Deane & Canons, for them and their successors covenant, conclude, grant, and promise' etc. As in covenants of further assurance. And the said A. covenanteth etc. to found house, lodging, meat, stable, hay & provender for the horses of the said Dean & Canons and other coming with him or them in progress once in the year by the space of two days and two nights, the said Deane & Canons, and their successors, paying reasonable for only meat & drink so provided during the term aforesaid. And further the said A. covenanteth etc. that he his executors & assigns, shall at the end & term of every xii. years (during the said term) deliver, or cause to be delivered unto the said Deane etc. the Court rolls well and truly engrossed in parchment, at his and their costs and charges of such Court as shallbe kept in the said manors of T. & C. during any of the said 12. years, and also at the end of every such 12. years, he the said A. his executors or assigns shall as near as they can, deliver, or cause to be delivered to the said deane etc. in manner before rehearsed, a true terrar or boundary of all the lands and tenements, rents & services, being parcel or in any wise appertaining to the said manors. And the said Deane & Canons covenanten etc. that they shall deliver, or cause to be delivered unto the said A. etc. at such time as they shallbe thereunto required, one or two of their most true terrars or boundaries, whereby the said A. his executors or assigns may the better come to knowledge of all the said lands, tenements, rents, & services appertaining to the said manors. And the said Deane and Canons, & their successors all the said manors etc. as in covenants of quiet enjoying & saving harmless. And also where the said A. standeth bound unto the said Deane & canons & their successors, by his deed obligatory bearing date with these presents, in the sum of etc. the said Dean & Canons covenanten etc. that if the said A. his etc. do well & truly observe, perform, fulfil & keep all & singular such covenants, grants, promises, articles, & agrements comprised in this Indenture, which on the part & behalf of the said A. his executors, administrators & assigns, aught to be observed, performed, fulfilled & kept: That then the said deed obligatory to be void & of none effect, or else to stand in his full strength and virtue. And the said Deane & Canons etc. that it shallbe lawful to the said H. his executors and assigns, to have and to take, in, & upon the said lands before let, competent & sufficient firebote, cartbote, plowbote, & hedgebote to be occupied and spent in and upon the lands and tenements aforesaid, at all times during the said term. In witness etc. ¶ A Lease for years in the court of Wards. THis Indenture etc. ut supra 330. a. and W. P. of the other party, Sect. 437. Witnesseth, that our said Sovereign Lady, with the advise of the Master and Council of her grace's court of Wards & Liveries, for and in consideration of the sum of etc. to the Receivor general of the Q. said court of Wards & liveries, to her highness use in hand paid, is contented and pleased to grant, and by these presents doth grant, demise, & to farm let, unto the said W. P. parcel of the said lands and possessions late of G. H. deceased, in the County of C. hereafter particularly declared, viz. One tenement with thappurtenances etc. Reciting all the lands particularly. All which premises before recited, in R. C. & T. amount in the whole to the clear yearly value & rend of xii. li. iii s. being in the hands and possession of our said Sovereign Lady by the minority of T. H. the Queen's majesties ward, excepted and always reserved out of the said grant, all advowsons, presentations, nominations, gifts of Churches, & spiritual promotions, woods, underwoods', saving such as are before specially named, wards, marriages, knights fees, reliefs, fines, heriots, and mines of metal, stone and coal, rising and growing in and upon the said lands, tenements, and other the premises with the appurtenances, or any part thereof, during the minority of the said heir. To have and to hold the said lands, tenements, and other the premises with the appurtenances (except before excepted) to the said W. P. & his assigns, from the death of the said S. H. during the minority of the said heir. Yielding & paying therefore yearly during the said term, to the Q. feodary of the said county of C. or to his lawful deputy, for the time being, to her highness use, the sum of etc. at the feasts of etc. by even portions. And the said W. P. covenanteth etc. for him & his assigns, by these presents, that he the said W. P. & his assigns, over & beside the said rent, before reserved, shall also content & pay to the Receiver general of the Q. court of Wards & liveries, to the use of our Sovereign L. or of her heirs & successors all such sums of money, which shall hereafter he found due & payable in the said Court, for the mean rates & profits of the said lands, tenements, & other the premises with thappurtenances, until such time as the said lands, etc. be prosecuted and had, out of the hands & possession of our said Sovereign L. or of her heirs and successors, by Livery, Ouster le main, or otherwise, according to thorder of the law. And the said W. P. covenanteth etc. for him and his assigns, by these presents, that he the said W. P. & his assigns, during the said term, shall at his and their own proper costs and charges, make or cause to be made, all manner of necessary and needful reparations, upon the said lands, etc. when and as often as need shall require, and sufficiently repaired, at the end of the said term shall leave the same, & shall discharge, content, & pay yearly all rents, tenths, & other charges lawfully demanded, & going out of the said lands, tenements, & other the premises with the appurtenances. And likewise also shall from time to time, permit & suffer the said Feodary for the time being, to surney the said lands, etc. aswell for the knowledge of the performance of the covenants, contained in this Indenture, on the behalf of the said W. P. and his assigns, as of all wastes, incommodities, hurts & decays already fallen, and which may rise and grow, to the hindrance of the said heir or to the impairment of the Queen's right and profit, and shall at all times hereafter be contented to receive and fulfil all such further orders which the said Master and Counsel shall take for the redress of any such default found by the said survey: So as neither the Q. nor her highness said ward, do sustain any loss or prejudice, by their negligence, for lack of their help, to whom the charge appertaineth. And the said W. P. covenanteth etc. for him and his assigns by these presents, that if at any time hereafter by the survey of the said Master and Counsel, or any other by them authorized, it be found, that the said lands, tenements, & other the premises with the appurtenances, were of more, better, and yearly value or rent, at the time of the making hereof, than the rent before reserved doth amount unto, or that any rent or profit whereof the Q. aught to be answered, be omitted, & not truly reserved upon this lease: That then the said W. P. & his assigns shall content & pay, yearly during the said term, to the said Feodary for the time being, to her highness use, at the feasts before limited, for the payment of the said rend, the overplus found by the said survey, to be above the said rent of etc. & shall likewise content & pay tharrearages of the same overplus from the beginning of this lease & grant. And further that neither he the said W. P. nor his assigns, shall do, or suffer to be done any strepe, (ut supra 369. a.) And it is agreed on the behalf of the Q. by the said M. and Counsel, that he the said W. P. & his assigns during the said term, shall have and take upon him the said lands etc. by th'assignment of the said M. & Counsel, or any other by them authorized, sufficient housebote, firebote, & cartbote, only to be used & expended, in, and upon the said lands etc. And the said W. P. covenanteth &c. (ut supra 369.) And shall once in every year during the said term, bring or sand to the Auditor general of the said Court of wards & liveries his acquitances, declaring payment of the rent before reserved, & hereafter growing upon this lease, & also bring the same lease, within one half year next after the date hereof, unto the Auditor aforesaid, to have the same there enrolled, as the same Auditor may have perfect knowledge & understanding how to charge & allow the said rent or other charge ryfing upon this lease, at all times when need shall require. And it is provided on the behalf of the Q. by the said M. & Counsel, that if at any time hereafter, during the said term, it fortune the said rend (As in Re-entries & distresses) until her highness be fully answered & paid, aswell of the said rend, & tharrearages thereof, as of the value of the detriment and damage sustained by the breaking of the said covenants, or of any clause or article before mentioned, this lease or any thing therein contained to the contrary etc. In witness etc. ut supra 330 b. ¶ A Lease of a brewhouse. THis Indenture etc. Between A. B. and E. D. Witnesseth, that Sect. 438. the said A. B. hath demised &c. to the said E. D. all that his brewhouse with all and singu\l = l" \er thappurtenances called N. set lying & being in F. in the parish of etc. together with all manner vessels & utensils to the said Brewhouse belonging, or in any manner wise appertaining, uz. two. horse Mils, price etc. two. great leads, price etc., one mash fat, price etc. x. barels, price etc. together with all manner of vessels & utensils contained in a certain schedule hereunto annexed, To have etc. And the said E. D. covenanteth etc. that he the said E. his etc. shall well, truly and sufficiently maintain, repair & sustain the said brewhouse, vessels & utensils etc. during the said term. Provided always, that if any of the said vessels or utensils shall need, during the term aforesaid, by means of oldness to be renewed: That then the said A. B. his etc. shall of his & their proper costs and charges, renew all & every such vessels or utensils so to be renewed, as often as need shall require during the said term: So that the same be not broken or destroyed by the default or negligence of the said E. or his servants. In witness etc. ¶ A Lease of Corn or grain by the King. HEc Indentura facta inter dnum Reg. ex una part, & I C. Milit ex Sect. 439. altera part, Testat quod idem dnus Rex ꝑ advisamnt consilij cur' Augm̄tac' recreation Coronae suae, tradidit, concessit, & ad firmam dimisit pref. I C. oina illa ducenta quarteria hordei, & quadraginta quarter̄ frumnti boni & suavis grani, quae firmarius seu firmarij Rectoriae de O. & H. in come L. ꝑcel poss. nu ꝑ Monaster de N. in come Ebor', ꝓ & nomine redd' sive annualis firmae eiusd' Rector dicto dno Regi annuatim reddere & deliberare debent seu debet. Habend', gaudend', & annuat ꝑ●ipiend hordeum & frumnt pnd' pref. I. C. & assign' suis, a festo S. Marinell evang. ultimo pnterito, usque ad finem term', & ꝑ term' xxj. annor extunc ꝓx. sequent & plenar complenndor. red inde annuatim dict' dno regi, haered' & successor' suis xl. li. xiii. s. iiii. d. legalis monet Angl', v●. ꝓ pnd' CC. quarterijs hordei xxx. li. & ꝓ pnd' xl. quarter frumenti x. li. xiii. s. iiij. d. ad festum S. Marci Euang' & S. Kather in hiem, vel infra unum mensem post urrumque festumfestor illor̄ ad curiam pnd', ꝑ aequales por●iones soluend' durant termino pnd' etc. ut supra. ¶ A Lease of a Warren of Coneys. THis Indenture etc. Witnesseth, that the said W. B. hath demised Sect. 440. &c. to the said S. I & T. all that warren called B. heath warren in H. in the said county, bounden as followeth, v●. from a place called W. farm, unto a certain close called H. close, etc. unto a certain lodge therupon: And also the liberty of keeping, feeding, & killing of Coneys, of, & within the said ground called B. as it is before in these presents limited and bounden: And also the liberty & right which the said W. now hath, or of right aught to have, to fetch home, or kill the coneys straying in H. park and N. closes, or any other grounds, lying on the North side of the beck running from West fen aforesaid, unto a bridge called S. Mildred's bridge within the bounds of H. & N. aforesaid. To have & to hold etc. Yielding & paying etc. Provided always, & it is agreed between the said parties by these presents, that the same S. I & T. their executors or assigns, shall not willingly suffer any Coneys to breed within any of the grounds where the said Coneys shall fortune to stray, as is aforesaid, nor shall by themselves, their assigns or servants, willingly prejudice or damage any man being owner or farmer of the same grounds, by breaking of the fences, or digging of his or their soil, or by any other ways or means, as little as may be. And the said S. I. and T. covenant etc. as in covenants to repair. And also shall leave the said borrows in the foresaid ground to them demised, whole, tenantable, and not mangled or decayed. And the said S. I. and T. do further covenant etc. that then the said S. I and T. their executors or assigns, shall leave, in, and upon the demised premises, ten hundred of living Coneys, at the end of the said term, whereof the one half to be black, and the other half grey, or pay & recompense unto the said W. B. his executors or assigns, for every hundred of the said black coneys that then shall be wanting, ●iii. s. iiii. d. and for every hundred of grey that shall be wanting xxx. s. the same to be viewed by four indifferent men, whereof two to be chosen by the said W. B. & other two by the said S. and the said W. B. to be at his choycethereof. And it is agreed between the said parties by these presents, that if the said W. do make choice to take the money that shallbe agreed upon, in am & recompense of so many of the said co●●es as shallbe wanting after that rate aforesaid: That then the said S. I & T. their executors or assigns, shall have day for the payment of the same money so agreed upon, until the feast of etc. any thing before in these presents mentioned or contained to the contrary in any wise notwithstanding. And it is further agreed between the said parties to these presents, that the said S. I. and T. their executors or assigns shall at the end of the said term leave all the traps or falls now being, or which hereafter shallbe made, set, or planted, in, & upon the said demised premises, & every part thereof, well and sufficiently made and planted. In witness etc. ¶ A lease of fish and ponds. THis Indenture tripartite indented etc. between M. W. on the Sect. 441. one party, & T. E. on the second party, & H. W. on the third party, Witnesseth, that the said M. W. hath demised &c. to the said T. E. & H. W. all those his three pools, ponds, & dams in P. in the county of N. whereof the one is called etc. dam, the other is called etc. & the third is called etc. & are parcel of etc. all which said pools & dams the said M. W. hath of lease & demise of our Sovereign Lady under her grace's seal of etc. To have & to hold the said 3. pools, ponds, & dams to the said T. E. his heirs & assigns, from the feast of etc. next etc. with free entry, egress & regress, to & from the same pools, throughout the pastures & closes of the said H. W. at all times reasonable hereafter from time to time during the said term. In consideration of which lease & demise so made to the said T. E. & H. W. in manner & form aforesaid, the said T. E. & H. W. severally covenant etc. that the said M. during the said term, if he the said M. do so long live, shall have the 3. part of the said fish that shall come, fall, rise, & grow within the said three pools, at every such time as the said T. E. & H. W. or any of them shall happen to let out the same three pools, or any of them. In witness etc. ¶ A lease for years of lands and Milles. REgina omnibus etc. Sciatis quod nos de advisamento Cancellar' Sect. 442. & unius general' superuisorun ac atturnat Curie nostr' augmentation & reuenc' Coronae nostrae, in absentia T. M. Militis alterius general' superuisorun eiusd' curiae ꝓ fine xii. li. legalis etc. ad manus Thesaur cur' predict' ad usum nostrum prae manibus solut, Tradidimus, concess. & ad firmam dimisimus dilecto nobis A. D. omnes illas C. acr terr' etc. jacent & existent in communibꝰ campis de C. in come nostro E. etc. ac etiam omnia & singula vagan & extrah. nostr' annuatim preuenient & existent insr manner de C. praed': Necnon passagium aquae nostrae de D. juxta castrun de C. predict' cum oimbus & singulis suis pertin' modo vel nu ꝑ in separal'tenur siue occupationibus etc. Necnon oina illa duo molend' nostra aquatica, ac unum molendinum nostrum fullonicum cum pertinent, situate & existent infra dominium de C. praedict'. Ac omnia domos aedificia, gardin, aquas, aquarum cursus, gurgites, piscar, piscationes proficua, commoditates, & haereditament nostr' quaecunque cum pertin' dictis molend', sive eorum alicui quoquo modo spectant & pertinent aut cum eisdem molendin̄ ante haec dimiss. locat, usitat, seu occupat, existent modo vel nuper in tenura sive occupatione etc. Quae omnia & singula premissa sunt parcell' possession nostr' Ducatus nostr' Ebor. Except tamen semper nobis, haered', & successor' nostr' & omnino reseruat oimbus bosc' & subbose ', de, in, & super praemiss. crescent & existent. Habend' & tenend' praedict' terr', molendin ac caetera pmmissa cum pertinentibꝰ (exceptis praeexcept) praef. A. D. Militi, execut & assign' suis, à festo etc. post datum presentium, usque finem, terminum, & pro termino xxj. annorum extunc ꝓxim sequent, & plenary complend' Reddend' annuatim nobis haered', & successor' nostris, de, & pro predict' terr' & caeteris praemiss. in separalibus tenur sive occupationibus praedictorum etc. ut praefert, existent vj. li. ac de & pro praed' molendin & caeteris praemiss. in tenur dicta etc. ut pfertur, existent vj. li. legalis monet Angliae, ad festa etc. vel infra unum mensem post utrunque festum festorum illorum, ad manus Ballivorum vel Receptorum pmmissorum pro tempore existent', ꝑ aequales portiones soluend' durant toto termino predict'. Et praed' A. executor', administrat, et assignat' sui, oina domos et aedific' praemissor, ac omnes alias necessar̄ reparationes p̄missorum in omnibus, et per oina, de tempore in tempus, toties, quoties necessar̄ et opportun̄ fuerit, bene et sufficient̄ supportabunt, sustinebunt, et ma nutenebunt, durant termino predict', ac tenementa illa et praemiss. sufficient reparat in fine termini predict' dimittent. Et ulterius volumus, ac per pnsentes concedimus prefat' A. D. execut et assignat' suis, qd' ben licebit eis de tempore in tempus, capere, percipere, et habere cōpetent̄ et sufficient housebot, et maerem, achedgebote, firebote, plowbote, et cartbote, de, in, et so ꝑ predict' tenement' et praemiss. crescent ibid' et non alibi, annuatim expend' et occupand' durant termino praed'. Proviso semper, quod si contigerit praedict' separales redit', aut eorum alterum aretro fore etc. quod tunc et deinceps haec praesens dimis. et concess. vacua sit, ac pro nullo habeat: aliquo in praesentibus in contrarium inde non obstante, & aliquo statuto etc. In cuius rei etc. ¶ A lease for years of Charter lands as Copyhold. THis Indenture etc. between I B. and T. H. Witnesseth, that Sect. 443. where the said I. B. is seized to him and to his heirs in fee simple, of, & in the manor of W. in the said County of N. and also of certain messages etc. in W. aforesaid. And where also the said I. B. at the special suit and desire of divers of his tenants of the said manor, is pleased and contented to demise etc. the said purchased lands to his said tenants, in the manner & nature of Copyhold lands of the said manor, as near as may be, to the intent, that they the same tenants may better maintain their households and family, he the same I. B. doth by these presents demise etc. unto the said T. H. one messsage, and xl. acres of land etc. To have and to hold the said messsage etc. to the said T. H. his etc. until the end and term of etc. then next following &c. Yielding and paying therefore etc. And also yearly during the said term seven boon days: That is to say, two plough days, three harvest days, one hay day, one weeding day, & in like manner & form as the Copyholders of the same manor, do, & have used to do for their boon days. And over this also two Hens, yearly at the feast of etc. And also ten Eggs at Easter yearly during this present lease. And also suit to the Court of the same manor yearly during the said term, as other ancient customary tenants do for their copyholdes of the said manor. And the said T. H. for him, his heirs and assigns doth covenant etc. to content & pay unto the said I. B. his heirs, executors, administrators, and assigns, owners and possessors of the said manor, at all times, & from time to time during this present lease, at every alienation, devise, or exchange, hereafter to be made by the said T. H. his heirs, executors, administrators, or assigns, or any of them of the said estate, lease, or term of years, or of any parcel thereof, or of, or in the premises let by this present Indenture, or any parcel of the same. And also at every time and times that the said T. H. his executors, administrators or assigns, shall die possessed of the said estate, lease, or term of years, or of any part or parcel thereof, or of, or in the said premises, or of any part of the same, & all and every other lawful departing by any other manner of means from the possession of the said premises, or any part thereof two shillings etc. for every acre, in the name of a fine, and so after that rate for every part and parcel of the same to be alienated, exchanged, or departed lawfully withal by the said T. H. his heirs, executors, administrators, or assigns, or any of them, at any time or times hereafter, whereof they or any of them shall die possessed during the said lease, as is aforesaid. Provided always, that the said T. H. his executors and assigns, and every of them, shall and may alien the same premises, or any parcel thereof, from year to year only, and not otherwise demise or alien the same premises, or any part or parcel thereof, without any fine or sum of money to be paid to the said I. B. his heirs and assigns, for any such demise, grant or lease, or alienation, from year to year only, as is last aforesaid. And that also the said T. H. his executors, administrators, and assigns, and every of them shall at all times, and from time to time yearly during this present lease, do such suit to the Court of the manor, as is before remembered. And also do and bear the reparations of the said messages taken from time to time, having such timber as is, or shallbe growing upon the said premises towards the same. And over that, shall bear, execute, and pay all and every thing & things for the said premises, taken by these present Indentures rateably, and in such manner and form, to all intents and purposes, as any of the customary tenants & copiholders of the same manor, do, or aught to do for their customary lands and tenements, parcel of the manor aforesaid, of the like value and quantity. And the said T. for himself &c. covenanteth etc. that the said I B. etc. shall and may enclose, and keep enclosed so much of the premises let by these present Indentures, as at this time is not enclosed, & every parcel thereof, for all the sheep of the said I B. his heirs and assigns, being owner or owners of the said manors, and of all and every the farms of the said I B. his heirs or assigns, or any of them in W. aforesaid, parcel or belonging, of, or to the said manor yearly during this present lease, in the open time of the year, in as ample and large manner & form, as the said I. B. his heirs or assigns should, aught, or might to have done, if this lease had never b●n had ne made. And if it shall fortune that the said T. H. his executors, administrators, or assigns, or any of them at any time or times hereafter during this present lease, willingly and advisedly to interrupt and disturb the said I. B. etc. or any of them, or his or their farmers aforesaid, or any of them, quietly to have, use, take, and enjoy the said grounds to be enclosed for sheep, in such manner & form as is before declared: That then he the said T. H. for every such disturbance or interruption, as is aforesaid, shall forfeit & loose to the said I. B. his heirs or assigns, Lords and owners of the said manor, such pains and sums of money, as been hereafter expressed: that is to say: For the first interruption or disturbance as is aforesaid xii. d. for the second interruption or disturbance xviii. d. and for the third interruption two. s. and from thenceforth for every disturbance or interruption twice double the pain and sum next before the said interruption. And if it shall fortune the said T. H. his executors etc. at any time or times hereafter during this present lease to make default of payment of the said yearly rend, in form before remembered, or of the said sum of money in the name of a ●●●e or sins, or of the said pains or forfeitures, in manner and form before declared to be paid, or to break any covenant or grant before remembered, which on the part of the said T. H. his executors, administrators, or assigns are to be performed, paid, or kept: That then it shall be lawful unto the said I. B. his heirs and assigns, owners and possessors of the said manor to enter into all and singular the said etc. As in distresses, and the same to detain and keep, until the said T. etc. the said yearly rend shall well and truly content and pay unto the said I. B. his heirs or assigns. And the said fines, pains, forfeitures, and sums of money before-remembred, with the arrearages of the same if any shall be, and every parcel thereof, and also shall have made a reasonable recompense and amendss to the said I. B. his heirs or assigns, of, and for the breach of any covenant or covenants before remembered, and for any damage by him or them sustained by reason of the same. And also as often as the said yearly rents and farms, and the said fines, pains, forfeitures, or sums of money shall be unpaied, or any of them, or any covenant or covenants aforesaid shall be broken during the said term of three years. Provided always, that if T. H. his executors, administrators, or assigns, shall do, or willingly or negligently suffer to be done, any waist in the houses or buildings of the said messages demised by these presents, & the self same waist shallbe lawfully presented at 3. of the most usual courts of the said manor to be there holden next after the said waist done and committed, and reasonable amerciaments & pains therefore presented & set by the homage of the said Manor for the time being, and at the courts of the said manor: And that if the said waist be not amended and repaired within one quarter of a year, next ensuing the said several courts before remembered, and lawful warning thereof given by the bailiff of the said manor for the time being to the said T. H. his executors or assigns, at the said messsage: That then it shallbe lawful to the said I. B. his heirs and assigns and every of them into the said manor etc. As in Reentries, In witness etc. ¶ A lease of a Parsonage for years. THis Indenture made &c. between T. R. and R. W. etc. Witnesseth, Sect. 444. that the said R. W. etc. hath demised &c. to the said T. R. etc. all that the Church, rectory, and parsonage of T. aforesaid in the said County of Y. and the mansion or dwelling house of the same, with all other houses, edifices, and buildings, Orchards, gar●●●●, glebe lands, and other meadows, pastures, commons, woods, coal, and colemines, rents, reversions, services, tithes, fruits, profits, oblations, obuentions, commodities, emoluments, portions, annuities, franchises, casualties, wards, marriages, reliefs, escheats, heriots, woods, underwoods', courts, perquisites of Courts, and advantages with the appurtenances to the said Church, rectory, or Parsonage belonging, or therewith heretofore used, letted, or occupied, and accepted, and taken as part, parcel, or member thereof, or of any part thereof: And the Aduowson of the Vicarage of T. aforesaid, in the occupation of etc. Except only and reserved unto the said R. and his assigns, one Chamber opening into the Churchyard of T. aforesaid, and etc. with free ingress, egress and regress, to and from the same. To have and to hold all the said Church, rectory, or Parsonage, mansion house, cottages, glebe lands and tithes, and other the demised premises with thappurtenances (except before excepted) unto the said R. his executors, administrators, and assigns, from the feast of etc. unto the full end and term of three years thence next ensuing fully to be complete and ended (if the said R. so long do live) and so from three years to three years, continually during the term of xxi. years next ensuing etc. of etc. if the said R. so long do live. Yielding and paying etc. And if it happen the said yearly rend of etc. And the said R. for himself &c. that he the said R. his executors, administrators, and assigns, and every of them, at his and their own proper costs and charges, shall and will at all and every time and times hereafter during the said terms, well and sufficiently repair, maintain, uphold, and keep the Chancel of the Parish Church of T. aforesaid, and the said mansion house, and all other houses now being set or builded upon the demised premises, or any part thereof (except before excepted) with all manner of necessary reparations, within reasonable and convenient time after such reparations or amendment of the premises, or of any part thereof shall be needful, and in the end of the said term so sufficiently repaired and maintained to leave the same. And the said T. R. covenanteth etc. that he the said T. his heirs, executors, administrators, and assigns, and every of them, at his and their only proper costs and charges, shall and will found and give unto the said R. W. and his assigns, sufficient grass and pasture for one Gelding, nag, or mare, in such parts of the demean lands of the manor of T. aforesaid, as horses or geldings shall go and pasture in, from the first day of May, unto the feast of Saint Martin the Bishop in Winter, yearly every year during all the said terms. And to give and deliver unto the said R. yearly during the said terms, at the mansion house of the said Parsonage, two sufficient wain loads of good Hay, and three ruckes of good Coal, commonly called Sea coal or stone coal. And that he the said T. his executors, administrators, and assigns, at his and their proper costs and charges, shall and will make, bear, and pay all manner of First fruits, tenths, Subsidies, fifteens, Synods, Priories, Benevolences, and all manner of other charges, duties, payments, fines, sums of money, ordinary and extraordinary, as well for serving of the cure of the said Parish, as otherwise, which now be due, or at any time hereafter during the said terms shall be due or going out of the said Church, rectory, or Parsonage, or payable for, or by reason of the same to any person or persons during the said terms, except Quarter Sermons, visitations, and serving of the Cure of the said Parish. And the said R. for etc. to, and with the said T. his executors, administrators, and assigns, and every of them, paying the rents, and performing the conditions and covenants in these presents expressed, on their parts to be paid and performed during all the said terms, (if the said R. so long do live) shall and may peaceably and quietly have, hold, occupy, and enjoy all the said Church, rectory, and Parsonage, mansion house, cottage, glebe lands, tithes, and all other the demised tenements and premises with the appurtenances (except before excepted) according to the true meaning of these presents, without any lawful let, suit, trouble, eviction, or expulsion of the said R. his executors or administrators, or any other person or persons lawfully having any estate or interest, of, and in the said demised tenements and premises, or any part thereof, by the gift or grant of the said R. other than the said T. and W. W. and their assigns, of such parcels of the said premises, as are unto them, or either of them granted before the making hereof. And the said R. for himself, his executors, and administrators, and every of them, doth covenant and grant etc. to and with the said T. etc. that he the said R. will not at any time during the said terms, resign, yield up, or exchange the said benefice or rectory, or take any other benefice with cure of soul, or be absent or nonresident from the same benefice, contrary to the form of the Statute in that behalf provided, or do procure, cause, or suffer to be done any other act or acts, by means whereof he shall or may lawfully de dismissed, discharged or deprived, of, & from the said Benefice, or whereby the profits thereof shall or may be lawfully sequestered, or which may or might in any wise be prejudicial or hurtful to the said T. R. his executors or assigns, in the having & enjoying of the Parsonage and premises, or any part thereof during the said term, contrary to the true meaning hereof. And the said T. etc. that all the said glebe lands belonging to the said rectory shallbe occupied during all the said terms so distinctly and orderly, that the same and every part thereof, shall and may sufficiently be known to be the glebe lands of the said rectory, & not to be confusedly ploughed or mingled with other lands, to the disinheriting of the said R. W. and his successors Parsons there. And the said R. covenanteth and granteth by these presents, that he the said R. at all times convenient, during the said terms, shall and will diligently teach and inform, in writing, reading, and the Latin tongue, all and every such child & children of the said T. as during the terms shall for that purpose repair unto him the said R. in the parish Church of T. aforesaid, or in some other place for that purpose meet and convenient. And that he the said R. W. or his sufficient deputy or deputies, shall well and duly serve the cure of the said Church, and minister all the Sacraments and Sacramentals to the Parishioners of the same, at all times during the said term as often as need shall require. Which said yearly rend of x. pound etc. the said T. R. covenanteth and granteth by these presents, to, and with the said R. truly to content and pay yearly unto the said R. W. at etc. at the feasts and days of payment aforesaid, or within the space of xx. days, next and immediately ensuing the same feast and days of payment, for, and by all such time as the said R. W. shall continued and be Parson of the said Church of T. etc. And the said T. R. covenanteth etc. that he the same T. his executors and assigns, at their proper costs & charges during the term, shall found an able and sufficient Priest to serve and keep the cure of T. being a member or Chapel of the said Parsonage to found and say Divine service daily, & there to minister divine Sacraments & Sacramentals to the Parishioners there inhabiting during the term aforesaid. And also it is agreed between the said parties etc. that the same T. R. nor his executors ne assigns, shall not cell, give, ne grant during the said term, any part of the woods belonging to the said Parsonage, ne cut down any part thereof, but only for the necessary housebote, hedgebote, plowbote, and firebote, to be spent only in, upon, and about the premises, In witness whereof etc. ¶ A promise for a lease of a Parsonage. Provided nevertheless, & it is agreed, concluded, and granted Sect. 445. between the said parties, & the said I H. for him, his executors, administrators, and assigns, and every of ●●●m doth covenant, promise, and grant, to and with the said R. S. his executors & assigns by these presents, That it shall be lawful, to, and for the said R. at any time during the said term, to resign the said rectory or Parsonage of B. and other the premises, at his free will, liberty and pleasure, without breach of any covenant in these present Indentures contained: any covenant, grant, article, promise, clause, or sentence in the same mentioned to the contrary thereof in any wise notwithstanding. In witness etc. ¶ A covenant that the lessor may enter and fallow. Provided also, & nevertheless it is covenanted, granted, concluded, Sect. 446. & fully agreed, by and between the said parties to these presents. And the said R. I. for himself, his executors and assigns, and every of them doth covenant, grant, promise, and agreed, to, and with the said W. W. his heirs & assigns, and every of them by these presents, that it shall and may be lawful, to and for the said W. W. his heirs and assigns, and every or any of them, at all & every time and times convenient, within the last year of the said term of xxi. years, to enter into and have so much of the demised tenements & premises with the appurtenances, as in the same year shall be meet to be fallowed, and to ear, plough, and fallow the same, and every or any part thereof, according to the usage and custom of the Country there in that behalf, without any let, interruption, or disturbance of the said R. I. his executors and assigns, or of any other person or persons by his or their, or any of their means, assent, or procurement. ¶ A Lease for years by the Patron and Parson, confirmed by the Bishop, Deane and Chapter. THis Indenture made etc. Between T. E. of T. in the County of Sect. 447. Y. Esquire, Patron of one estate of inheritance of the rectory or Parsonage & parish Church of B. in the County of Y. And W. S. clerk, Parson of the same rectory or Parsonage and parish Church aforesaid of the one party, And T. B. and R. B. of the other party, Witnesseth that the said Patron and Parson for etc. have demised, granted &c. to the said T. B. and R. B. etc. the rectory or Parsonage and parish Church of B. aforesaid, and all the glebe lands ut supra in the Lease of a Parsonage. To have and to hold the said rectory etc. to the said T. B. and R. B. their executors etc. Yielding and paying therefore, yearly to the said Parson & his successors etc. And if it fortune the said W. S. clerk, or any of his successors Parsons there, to be disposed hereafter to keep hospitality, in, and upon the mansion house of the said Parsonage: Than the said T. and R. B. for them their executors and assigns do covenant and grant, to, and with the said W. S. clerk, his successors and assigns by these presents, that upon two Months warning thereof to be given to the said T. B. and R. B. their executors and assigns, it shallbe lawful to the said Parson and his successors, to have and occupy the hall and Buttery, and the Kitchen, with other houses of office expedient and necessary for his and their hospitality, and stable room for two geldings, parcel of the premises, with free entry, ingress and regress, into and from the same, during and by all the time of his & their hospitality keeping there only and no longer: any thing herein expressed to the contrary notwithstanding. In witness etc. ¶ The Bishop's confirmation of the last lease. ¶ Et nos R. permissione divina C. & L. Episcopus dioces. & Ordinarius Ecclesiae parochialis de B. praed', ac Rectoriae eiusdem nostrae C. & L. Dioc. visis & diligent̄ inspect' omnibus & singulis actis, factis, gestis, concessis, conventionibus, & confirmationibus, articulis, caeterisque p̄miss. supra specificat, habitaque primitus ꝑ nos in hac part matura & diligenti examinatione, quia comperimus eadem omnia & singula ex justis & rationabilibus causis fuisse & esse fact' patrat & concessa supranominatis T. B. & R. B. generos. ac assignat' suis ad terminum suprascriptum. Eadem oina & singula, prout melius aut efficatius poterimus sive valemus aucthoritate nostr' Ordinar & Pōtifical', ad omne nostr' officium ꝙ exinde sequi poterit, aut quoquomodo licet seu debeat, pro nobis & successoribus nostris quantum in nobis est, scienter & express ratificamus, approbamus, & confirmamus per praesentes. In quorum omnium & singulorum fidem & testimonium, ac in maiorem corundem corroborationem, sigillum nostrum pnsentibus apposuimus. Dat' apud E. xxv. die mensis M. An. Do. 1592. Et regni illustrissimae in Christo principis, & dominae nostrae Dnae Elizabethae dei gratia etc. Reg. fidei defensor, ac in terra Ecclesiae Anglicanae & Hibernicae supremi capitis xxiv. Ac nostrae trans. primo. ¶ The Deans and Chapters confirmation thereof. ¶ Et nos H. W. Decanus Ecclesiae Cathed' Lich. & Capitul' eiusdem visis & diligenter examinat & inspect literis indentat praesentibus iam annex, una cum confirmatione dni Episcop C. et Lich. super eisdem habitaque super eisdem deliberatione provida atque matura. Quia in hac part considerand invenimus concessionem & ad firmam dimissionem Rector̄ in dictis literis specific' rite atque ꝓuide fore fact', id circo ea omnia & singula in eisdem contenta (quantum ad nos attinet) acceptamus, approbamus, & ratificamus, eademque tenore praesentium aucthoritate nostra Capitulari etc. xxviij. die mensis O. An. Do. 1592. ut proximo supra. ¶ A lease of lands by Executors. THis Indenture made etc. Between M. P. of the one party, & H. Sect. 448. M. & R. H. of etc. executors of the last will and testament of R. B. knight deceased late Lord chief justice of the common Place of the other party, Witnesseth, that where the sum of 300. pound of etc. being parcel of the late goods & cattles of the said R. B. knight deceased is for better surety & advancement of certain of the children of the said R. & for certain causes & considerations hereafter expressed, delivered to the hands of the said T. W. by order taken in the high court of Chancery, by the right Ho. Sir N. B. kn. L. keeper of the great scale of Eng. & by the assent of the said executors, upon the hearing of the matter in controversy between A. H. and Dame D. B. his wife, late the wife of R. B. of thene party, & the said executors on thither party. And where also the said M. P, by his deed intended, bearing date etc. hath demised, granted, and to farm let unto one G. T. all that the manor of S. with the members & appurtenances, set, lying & being in etc. and all his messages, houses, buildings, lands, tenements, rents, reversions, services, & hereditaments whatsoever with the appurtenances, situate, lying & being within the parish of S. or else where in the Chanty of H. to have, hold, occupy and enjoy, all the said manors, etc. to the said G. T. from the day of the date of etc. until the end & term of xx. years, than next and immediately, Yielding and paying therefore yearly etc. Expressing the sum, limiting the place and times of payment. By force whereof the said G, T. in the said etc. before demised hath entered, & is thereof possessed accordingly. Now the said M. P. & T. W. in performance of the said order, & considaration of the said sum of etc. to him the said T. W. paid by the said executors, before thensealing hereof, as is aforesaid, which said sum etc. aswell the said M. P. as the said T. W. acknowledged to be received of the said executors & thereof & of every part and parcel thereof do acquit, discharge, and release the said executors & every of them, their etc. and assigns by these presents, have given, granted, bargained and sold, & by these presents for them & their heirs, do clearly give, grant, and sell to the said H. M. and R. H. and to their heirs and assigns, all the reversion, remainder, right, use, and interest of the said manor of S. and other the premises. * And of all lands, tenements, meadows, pashires, woods, underwoods', rents, reversions, services, advowsons, and hereditaments whatsoever of the said M. P. within the said parish of S. and all the estate, title, use, and interest of them the said M. and T. and each of them, of, and in all and singular the said manors, lands, rents, and all other the premises with the appurtenances: And all the evidences, deeds, writings and muniments concerning the premises, or any part or parcel thereof. To have and to hold all the said &c. (ut supra *) and all their evidences, deeds, writings, and muniments concerning the same, to the said H. M. and K. H. and to their heirs and assigns for evermore, to the proper use and behoof of the same H. and R. their heirs and assigns for ever. In witness etc. ¶ A Lease for years, whereupon an Ejection firmae may be brought, which must be delivered upon the lands leased, and commence at some day before the date thereof, which some think to be without the compass of the Statute of buying of Titles. THis Indenture etc. Between G. S. on the one party, and P. T. Sect. 449. of the other party, Witnesseth that the said G. S. hath demised etc. & by these presents doth demise etc. unto the said P. T. etc. To have Sand to hold etc. unto the said P. T. his executors etc. from the feast of etc. last passed before the date hereof, unto the full end & term of etc. fully to be complete and ended. And it is the true intent & meaning of these present Indentures, & of all the said parties to the same, that neither the said P. T. or his executors etc. shall take any benefit or profit of the said tenements & premises, or any part thereof to his own use, by reason or virtue of this present grant or demise, but only that he shall therein have an estate, as is aforesaid, & be there used as lessee or means to the only intent that the estate, right, title, possession, & interest of the said G. S. of, in, & to the said tenements & premises may be lawfully tried & recovered with convenient expedition by writ or writs of Electione firmae, or otherwise, at the only costs & charges of the said G. S. his heirs, executors, & assingnes. And therefore it is by these presents covenanted &c. by & between the said parties, and either of them for himself, his heirs etc. doth covenant, grant, & agreed, to & with the other, his heirs, executors, administrators, & assigns, & every of them by these presents in manner and form following: that is to say, that, if, and when it shall happen the said P. T. his etc. to recover & obtain the possession of the said demised tenements, and premises, or of any part thereof by reason or pretence of this present demise, in any action or suit thereupon to be commenced in the name of the said P. T. his executors, administrators, or assigns, or any of them, that within xx. days after that the said P. T. or any of his executors, administrators or assigns, shall be lawfully & actually possessed of the said tenements & premises, or of any part thereof by force & virtue of any such recovery, or of any writ of habere facias possess. or other such execution to be sued out upon such recovery, this present grant & demise shall cease and be utterly frustrate, voided, and of none effect to all intents & purposes. Provided also always, and upon further condition following, viz, That if the above named G. his heirs etc. do at any time hereafter pay or tender, or cause to be paid or tendered unto the said P. his etc. xii. pence of etc. or in etc. for the said tenements and demised premises, that then also, and thenceforth, and at all & at every time and times it shall and may be lawful, to and for the said G. S. his heirs etc. and every or any of them into all the said demised tenements & premises, with thappurtenances, and every part thereof, to re-enter, and the same to have again and repossess, & in his former estate & right, and the said T. P. his executors etc. and every of them thereout utterly to expel and amove, as if this present grant or demise had never been had ne made: any thing therein contained to the contrary thereof in any wise notwithstanding. In witness etc. ¶ Conenants and Conditions which may be used in Leases. ANd it is agreed etc. that if it shall happen the said houses & buildings Sect. 450. to the said scite of the said manor belonging, or any of them at any time hereafter during the said term of etc. to be wasted, destroyed or otherwise decayed by the king's foreign Enemies, that then for all such reparations & decay of the same, the said K. L. to be clearly acquitted etc. any covenant herein above rehearsed to the contrary etc. And the said R. covenanteth, that he the said R. shall inhabit, abide and devil, in, and upon the aforesaid manors, lands, tenements etc. or 'cause an able person to inhabit and devil, in and upon the said demised manor, tenements, and premises, and to occupy and manure the same during the said term of xxi. years etc. And also that neither the said R. L. nor &c. shall at any time during the said term, do, make, or cause to be made any waist or spoil, in, or upon the premises or any part thereof. And also, that they the said R. L. etc. and every of them, and their executors etc. shall permit and suffer the said A. etc. his heirs and assigns, to keep all and every their Courts of the said manor, at, and in such places of the said manor, as they have heretofore used to have been kept, and to, and for all & every the suitors of the said manor, & every other person & persons that shall have cause or occasion to come or resort unto the said Courts, and every or any of them freely to come and go, to, and from the same, without any let, disturbance, vexation, or interruption of the said R. L. etc. his executors etc. and every or any of them, during etc. And the said A. etc. doth covenant etc. that he the said R. L. etc. shall and may lawfully at all times hereafter, when, and as often as need shall require, during the continuance of this present lease, cleanse and rid any part or parcel of the said demised tenements & premises, of, and from all manner of brambles, briars, bushes, and thorns, and other shrubs, for the amending and bettering of the same tenements & demised premises, or any part thereof. And that he the said R. L. his etc. shall at all times hereafter during the continuance of etc. preserve & keep harmless from damage and hurt of cattle, or other negligent spoil, all the woods and underwoods', growing in, or upon etc. or any part or parcel thereof etc. And that no manner of cattle at any time or times of the year, saving only between the first day of November, and the first day of April. And that none other cattle or beasts, but calves and horses only shallbe put or suffered to be in the same woods and underwoods', or any of them etc. Provided always, and upon condition following, viz. That if the said A. his executors etc. within one whole year before the end and expiration of any of the said several terms of three years, shall give, or cause to be given to the said R. his executors, administrators, or assigns, or any of them, sufficient notice or warning to departed from the said &c. at the end of the said term of three years, wherein the said notice or warning shall happen so to be given. And also, at, or be fore the end and expiration of the said three years, wherein the said notice or warning shall so fortune to be given, shall well and truly pay, or cause to be contented and pated unto the said R. his executors, administrators or assigns, for every of the said term of xxi. years, which at the time of his or their departure from the premises shall be to come and unexpired xx. shillings, of good and lawful money of England, at, or in etc. that then this present Indenture of demise, and all grants and covenants therein contained, made on the part of the said A. to cease, and be utterly frustrate, voided and of none effect; And that then and thenceforth it shall and may be lawful, to, and for the said G. T. his executors and administrators, and every of them into all and singular the said etc. to re-enter, and the same to have again and reposseed, as in his etc. And that he the said R. his executors nor administrators, nor any of them, shall not, nor will not at any time during the said term, assign, let, set, or grant the said mesuage etc. or any part thereof, or the occupation thereof, or of any part thereof, to any person or persons that shall inhabit, devil, lodge, or lie therein, without the consent and licence of the said A. his heirs and assigns, first had and obtained in writing under his or their hands and seals. And that he the said R. his executors or administrators, before the feast of S. Michael the Archangel next ensuing the date hereof, shall and will remove and put away all such undertenants as now be, and devil in any part of the said demised tenements and premises. Provided always, and upon condition following: that is to say, that if the said R. his executors and administrators, and every of them, do not well and truly, during the said term, pay or cause to be paid unto the said A. his heirs, deputies, or assigns, the said yearly rend of xxxiii. shillings and four pence, at the feast and times abovesaid, and well and truly observe, fulfil and keep all the covenants in these presents contained, according unto the true meaning hereof, That then it shall and may be lawful to, and for the said A. his heirs and assigns, and every of them into the said demised tenement and premises etc. to re-enter etc. He the said A. doth covenant etc. upon reasonable request at all times needful to assign and deliver, or cause to be assigned and delivered to the said R. his executors and assigns, within fourteen miles of the said mansion house of the said manor of H. sufficient timber trees for the repairing of the said mesuage and tenement. And that the said R. shall have and enjoy from time to time at all times hereafter, during the said term, to him and his executors, administrators and assigns in, and upon the Downs, Commons, Wastes, heaths, and Sheep pastures, belonging to the manor of T. in the said County, sufficient gate, running, pasture, course, & feeding for a hundred sheep, without any let or interruption of the said A. his heirs, executors, and assigns, farmers and occupiers of the said manor and premises, or of any other person or persons, by his or their consent, means, or procurement, with free liberty, ingress, egress, & regress into, in, and from the same grounds, with all the said sheep, at all and every time & times convenient: For which pasture to be had in form aforesaid, the said R. covenanteth etc. by these presents, to content and pay unto the said A. his executors etc. yearly at the feast of S. Mich. during the said term for the pasture of every sheep to be so pastured as aforesaid four pence etc. And that if the said R. his heirs etc. and every of them, shall not quietly & peaceably, have, hold, occupy, & enjoy the said tenements & premises with the appurtenances, during the said term of xxi. years, according to the true meaning of these presents: That then within forty days after he the said A. his executors or assigns, shallbe lawfully ejected, evicted, or expulsed from the said demised tenements and premises, or any part thereof, he the said I P. his heirs, executors, administrators, or assigns, or some of them, shall and will well and truly pay and allow, or cause to be paid and allowed unto the said R. his executors, administrators, or assigns, or some of them, for every whole year of the said term of xxi. years, which shall be to expire or expend at the time of such ejectment, eviction, or expulsion out of the premises, or any part thereof xx. shillings of lawful English money, in the said mansion house of the premises, and so much money as he may then have for so many of the years of the said term, as at the same time of such eviction shallbe unspent, as the same shallbe deemed to be worth by two indifferent men, which shall be chosen by him the said R. & A. his executors, administrators, or assigns, having respect unto such profit, as the said R. might have by reason of the said lease And the said G. P. doth covenant etc. that neither he the said G. P. his executors, administrators, nor assigns, nor any of them, shall not, nor will at any time during the said term of xxi. years, plough, cause, nor suffer to be ploughed the said close called T. or any part thereof, without the consent of the said I B. his heirs or assigns first had and obtained in writing. And that he the said G. P. his executors, administrators, and assigns, and every of them, shall and will during the said term, keep, uphold, and maintain all houses, hedges and fences, in, and about the said tenements and premises, and in the end of the same term to leave the same tenantable at the sight of two reasonable men, to be chosen by the said parties in differently, to view and order the same. And that the said R. his executors, administrators, & assigns, shall, and will yearly during the said term, pay, or cause to be paid all such money as shall be due for the winter pasture and inlayes due, or used to be paid for the said close with the appurtenances called T. and thereof acquit or save harmless, or discharge the the said A. his heirs, executors, administrators, and assigns, and every of them. And the said A. etc. doth covenant etc. that it shall & may from thenceforth for ever be lawful to, and for the said R. his executors and assigns of the said premises at all times hereafter, & from time to time, to have, and take the commodities and use of the water, at, and in a certain pond in T. aforesaid, commonly called T. pond, aswell for the watering of his and their rattle and beasts thither to be brought, driven or lead, which at any time hereafter shall be kept, remain or be, in or upon the said tenements and premises, as also to fetch, take, and carry the said water, at, or from the pond aforesaid to be used or occupied in any place upon or about the said demised tenements & premises by any tenant or tenants thereof, and also to have convenient way and free passage from the mansion house of the said tenement, to and from the said pond, for the said R. his executors and assigns, to fetch, lead, and drive all and all manner of cattle unto the said pond, and to fetch and carry the said water to be occupied as is abovesaid without any lawful let etc. And further the said R. L. for him etc. That if hereafter it shall happen the said A. his heirs or assigns or any of them to enclose any parcel of the premises before by these presents demised to the said R. L. or any other lands or grounds in B. aforesaid, in or upon which grounds the tenants of B. aforesaid, heretofore have customably used to have common of pasture, That then the said R. L. his executors or assigns shall not by virtue of these presents from thenceforth pretend or claim any title to the said ground so to be enclosed, as is aforesaid. But shall permit & suffer the said A. his heirs or assigns the same to enclose and being enclosed the same to occupy, to his or their own use without let or interruption of the said R. L. his executors etc. during his said term: So that the said grounds by the said A. hereafter to be enclosed, shall not exceed the quantity or number of C. acres, & so that the said A. his heirs or assigns before such enclosure do assign, appoint, allow & assure unto the said R. L. his executors, administrators and assigns and every of them, for and in recompense of such grounds so to be enclosed, as much and as good other lands and grounds within the parish and fields of B. aforesaid, whereunto and from the which the said R. L. his executors, administrators and assigns shall & may have as free & good coming and going as he now hath to and from such of the premises before by these presents to him demised, as so shall be hereafter enclosed. The same other lands to be assured to the said R. L. his executors, administrators and assigns in like manner and form, and under like condition and covenants as he or they should have had or enjoyed the lands or grounds so to be enclosed, if no such enclosure were hereafter had or made, any article etc. And moreover the said A. for himself &c. that if in case the said A. decease before the expiration of the said term of etc. or if the said A. at any time here after alien, give, or grant over his whole interest and term which he hath then or shall have of, & in the premises by virtue of this present Indenture, that then the executor or assigns of the said A. shall have, occupy or enjoy the same yearly from thenceforth during so many of the said years as shall be to come of the said term of etc. & shall yearly pay and deliver, or cause to be delivered unto the said R. L. or his assigns at etc. xii. gallons of wine sack, good and perfect or else x. s. of etc. at the feasts of etc. over and above the said yearly rend of etc. ¶ A Lease for a year, and so from year to year during the wills of the lessor and lessee. THis Indenture etc. Witnesseth, that the said A. B. hath demised Sect. 451. &c. to the said C. D. To have & to hold the said mesuage etc. to the said C. D. & his assigns for the term of one whole year next ensuing the date hereof, and so from year to year at the will and pleasure of the said A. B. and C. D. Yielding to the said A. B. his heirs and assigns yearly every year, that the said C. D. or his assigns shall have and occupy the said messsage & premises by virtue of this present demise, x. s. of etc. at the feast etc. Here may be added a clause of distress nomine poenae, or re-enter forth rend, and such covenants as are in other leases, according to the quality of the estate. ¶ A Lease at the will of the Lessor. THis Indenture etc. witnesseth, That the said A. B. hath demised Sect. 452. &c. one mesuage etc. To have & to hold the said mesuage with the appurtenances to the said C. D. from the date hereof, so long as it shall please the said A. B. In witness etc. It is needful to have covenants that the lessee shall make reparations, and neither do nor permit any waist, because he is not therewith charged by Law, but for voluntary waist. Littleton Sect. 71. & 83. Assignments. ¶ An assignment of a lease for years. THis Indenture etc. Between C. D. etc. and E. F. etc. Witnesseth Sect. 453. that whereas A. B. by his deed Indented sufficient in the law, hath demised, granted, and to farm let unto the said C. D. one mesuage &c. (reciting the lands in the first lease.) To have and to hold to the said C. D. and his assigns, from the feast of etc. until the end of xxi. years than next ensuing, as thereby appeareth, reserving thereby the yearly rent of etc. and with divers covenants and agreements in the same Indenture contained: That now the said C. D. for etc. hath given, granted, assigned & set over to the said E. F. his executors, administrators and assigns the said mesuage etc. and all his estate, right, title, interest, term of years and demands, of and in the same, and every part thereof, together with the said deed Indented, To have and to hold the said mesuage, tenements and premises and every part thereof with the appurtenances to the said E. F. etc. during all the residue of the said term etc. It is requisite herein to have covenants of thassignors part to save thassignee harmless of former rents, grants, & charges, for the delivery of former deeds: That he is owner in possession, and hath power to grant, & that thassignee may quietly enjoy etc. and to make further assurance etc. And on thassignees pa●t to pay the former rents, & perform the former covenants etc. The like grants may be of rents charge, common and other things which lie in grants, Mutatis mutandis. ¶ An Assignment of a term during Minority. THis Indenture etc. Between W. P. of th'one party, and I. F. of Sect. 454. tother party, Witnesseth, that where our said sovereign Lady the Q. by her Indenture, under her seal of her Court of wards, & liveries, bearing date, the x. day of etc. last past, hath demised, granted, & to farm let, unto the said W. P. one tenement with th'appurtenances, in the tenure of I. Y. of yus yearly value of etc. by year etc. lying & being in T. in the county aforesaid, parcel of th'inheritance of T. H. her Mayest. ward, son & next heir of G. H. deceased, To have etc. the same premises, to the said W. P. and his assigns during the minority of the said T: H. yielding & paying therefore yearly to her highness the sum of etc. as by the same more plainly appears amongst other things. And after the xuj. day of etc. last past, the said W. P. obtained & had the licence of the said Master and Counsel of the said Court of wards, and liveries, to grant, bargain and sell his whole interest, right and title of & in the premises, and every parcel thereof, during the minority of the said heir, unto the said I F. & his assigns, as by the endorcement of the said lease more at large appeareth. The said W. P. for & in consideration of a certain sum of money, to him the said W. P. before hand paid, by the said I. F. etc. whereof etc. hath bargained, sold, given, granted, assigned & set over, and by these presents doth give, grant, assign, & set over unto the said I. F. his executors or assigns, all that his right, title, interest, & term of years, of & in the said premises with thappurtenances, together with the said Indenture, had or made under the seal of the said Court of wards and liveries, to have & to hold the said premises with thappurtevancesappurtenances, & the said indenture, to the said I. F. his executors and assigns, during the minority of the said T. H. The said I. F. his executors or assigns paying the yearly rent of etc. aforesaid, in the said lease reserved, and performing, fulfilling, & observing, all other covenants, and articles, contained & expressed in the same Indentures. And the said W. P. for him his etc. covenanteth and granteth, to & with the said I. F. his executors, administrators & assigns, that the said I F. his etc. & every of them, shall quietly have, occupy & enjoy the said parcels of lands, and other the premises with the appurtenances before expressed, during the minority of the said heir: And that the same premises, and every parcel thereof, at the time of the making of this present grant, is & shall continued during the minority of the said heir, discharged &c. ut supra 67. ¶ An assignment of a ward. THis Indenture &c. (reciting the former indenture till the first covenant) Sect. 455. the custody of etc. as by the same deed indented, among other covenants and agreements more at large appeareth. Now the said W. G. for divers considerations him moving, hath granted &c. ut supra, unto the said I. D. aswell the said custody, ut supra 369. verbat belonging or appertaining, Together with all his right, title and interest, which he the said W. G. hath by virtue of the agreement, from our said sovereign Lady the Q. To have & to hold the same unto the said I. D. his executors & assigns in as large and ample manner & form, as the said W. G. hath the same by force and virtue of the said grant. And whereas the said W. G. together with one I D. by their deed obligatory etc. stand jointly bound unto our said sovereign Lady etc. with condition thereupon endorsed etc. that the said G. shall well & truly ut infra e. the said I. D. doth covenant etc. that he the said I. D. his heirs etc. shall and will at all and every time and times, & from time to time hereafter well and truly keep, defend and otherwise save harmless the said W. G. his etc. of and from the forfeit and forf. of the said obligation, & of, and from arrests, imprisonments, suits, penalties, damages, or other forfeitures & troubles whatsoever, which shall or may hereafter be had, made, done or suffered, in any manner of wise, by our said sovereign Lady the Q. by reason of the said bond, or by any other person or persons in her majesties right, or any by reason or means, of any covenant, condition, article, or other clause contained & specified in the said Indenture made etc. And finally the said I. D. covenanteth etc. that he the said I D. his etc. shall and will at all time and times, and from time to time hereafter, well and truly perform, fulfil and accomplish all and singular the covenants, articles, conditions & agreements contained & specified in the said Indenture made between our said sovereign Lady the Q. and the said W. G. according to the intent and true meaning of the same. In witness etc. ¶ An assignment of Statutes. THis Indenture etc. between H. F. of th'one party, & E. D. of tother Sect. 456. ꝑty, Witnesseth, that whereas E. M. & A. L. by one Statute staple of Recognisance provided for recovery of debts taken, recognised & sealed before C. W. knight chief I. of Eng. bearing date etc. are & stand bound unto the said H. F. in etc. to be paid at a certain day now past in the said statute or recognizance specified (as by the same more at large doth & may appear.) And whereas also one D. H. of N. & the said E. M. are & stand bound unto the said H. F. in the sum of etc. by statute of the staple or recognizances provided for the recovery of debts taken, recognised & sealed before the said C. W. knight chief I. of Eng. bearing date the sixth day of etc. in the year of etc. as by the said statute or recognizance doth also more at large appear. And whereas the said H. F. is indebted unto the said E. etc. And to the end the said E. F. his executors & administ. may be the more assured thereof, the said H. F. hath at this time delivered the said two statutes or recognizances unto the said E. and also for him etc. that the said H. F. his etc. and every of them shall & will at all times hereafter, and from time to time at & upon the costs and charges in the law of the said E. her executors, administrators and assigns, justify, perform, maintain, avow, and to allow all such actions, plaints, acts, things, demises, process, judgements and executions as the said E. or her executors hath or may have, or her or their learned Counsel in the law, Attorney or factor, shall in the name of the said H. F. his executors or Administrators demise, use, bring, commence, attempt, affirm, or sue upon or by reason of the said Statutes or recognizances, or either of them, or for, or upon the sums of money in the same contained, or any part thereof, or for the getting or recovering of the same. So that the said H. F. his executors or administrators shall not at any time hereafter become nonsuit in any of the said actions, suits, or plaints, or by any means willingly discontinue, miscontinue or withdraw the same, and that he hath not had, nor received the sums of money, nor any part nor parcel thereof, and also that he the said H. F. his executors or administrators neither heretofore hath done, used, committed, made nor assented unto, nor hereafter without the special licence in writing of the said E. her executors or administrators shall do, use, commit, work, make and procure, suffer, knowledge or assent unto any release, acquittance, discharge, grant, covenant, act, thing, devise, or practise to extinguish, bar, release, determine, forfeit, suspend, or avoid the said statutes or Recognizances, or either of them, or the sums of money therein contained, or any part or parcel thereof, or any action or actions, suits, plaints, process, judgements, or executions, which may, might, could or aught to have been had, used, or pursued for, upon, or by reason of the said statutes or Recognizances or either of them, or for, or upon the sums therein contained or any part or parcel thereof. And further that the said E. her executors or administrators shall and may have, use, take, perceive and enjoy to her and their use without any account to be had or demanded against her or them in that behalf, all and singular such benefits, profits, commodities, and advantages, of, for and upon the said Statutes or Recognizances, and the sums therein contained, as the said H. F. his executors and administrators heretofore could or might, and hereafter can, or may have, take or enjoy, of, for, & upon the same by any manner of ways or means whatsoever. And furthermore that the said H. F. his executors and administrators in case the said sums of money, or any of them be lawfully tendered or paid unto the said H. F. his executors or administrators shall and will at all times hereafter upon request reasonable to him or to them to be made, deliver, & pay the same over to the said E. her executors or administrators, to her or their own proper use. And also that the said H. F. his executors & administrators, i● case any goods, cattles, lands, tenements, or hereditaments shall be prised or extended upon, or by virtue of the said statutes or recognisances, or either of them, shall and will at all times then, after, at, and upon the reasonable request, costs and charges in the law of the said E. her executors or administrators, make all such assurances & conveyances in the law, of, & upon all the right, estate, term, title, interest, property, an● demand of the said H. F. his executors & administrators, of, in, or to the same goods, cattles, lands, and tenements, as by the said E. her executors or administrators, or her or their counsel learned, shall be devised, advised, or required. And moreover that the said H. F. his executors & administrators shall and will at all times hereafter upon the request of the said E. her executors or administrators, and not otherwise, make, seal, and deliver such discharge or release & acquittance, of, and for the said Statutes and recognisances, or either of them, or any part of the sums therein contained, as the said E. her executors or administrators, or her, or their counsel learned shall devise or require. And furthermore that the said E. her executors or administrators shall and may at all times hereafter without suit, action, or trouble of the said H. F. his executors or administrators keep and retain the said Statutes or recognisances in her or their hands or possession, and show the same further at or in any Court or Courts there to maintain action, or procure execution, as the case shall require, or otherwise at her or their pleasure: And because the said E. may have lawful authority to seek the benefits of the said Statutes or recognisances, according to the true meaning, purport, and effect of these presents above declared, the said H. F. hath nominated, instituted, and appointed, and by these presents doth nominate, institute, and appoint, (As in letters of Attorney.) Confirmations. IT now appeareth partly how every severalestate inay be created, Sect. 457. wherefore it seemeth very meet, if such estates shall Hap to be defeasible, to show how the same may be made good, which may be done by confirmation or release of him which hath a better or longer estate in the thing granted then the tenant thereof hath: For Confirmare by Littleton's mind, Sect' 522. is nothing else but only firmum facere, namely to make strong and sure such an estate as before the same confirmation, was for some cause voidable, & yet not merely voided. Deeds of Confirmation been made thus. ¶ Confirmation in fee. noverint universi per pnsentes me A. B. ratificasse, approbasse, & confirmasse C. D. in plena & pacifica possessione & seisin sua existent, totum statum, possessionem, & interest, quae habeo de & in uno mesuagio cum pertinentijs in L. etc. To have & to hold the said mesuage etc. to the said C. D. his heirs and assigns for ever: Or the heirs of his body, or otherwise, as his estate is which you would confirm, with such warranty & covenants as be in other conveyances, at the pleasure of the parties. Also in Confirmations it is not amiss in the premises of the deed, specially to recite the estate of the tenant which must be confirmed, and also the estate of him that shall confirm, and to express the consideration thereof, if any such be. ¶ A Confirmation of th'office of a keeper of a Park, Warron, bailiff, and Steward. HEnricus Dei gratia Rex Angliae etc. Omnibus etc. Sciatis quod cum dilectus consanguineus nostr' I V Comes Oxon ac Margater consors eius Comitissa Oxon, seisiti de manijs de M. & B. sibi & haered' suis masculis de corpore suo exeunt, recuperation inde nobis & haered' nostr' spect', ꝑ literas suas dat' etc. Dederunt & concesler, & ꝑ easden literas confirmaverunt dilectis seruient suis I P. & I D. armigeris officium parcarij par ci sui de M. vn● eum officio ballivi maneriorun de M. & B. cum custod' Warrenn suatum ibidem, ac eosdem I P. & I D. parcarios parci praed' ballivos pndict̄ maneriorun de M. & B. ac Seneschall' ibidem, necnon custod' Warrenn svarum praedict' per scriptum suum praedict' fecerit, ordinaverit, & constituerit. Habend', tenend' & exequend' dicta officia parcarij, Ballivi, Seneschall', seu custod' dictarun Warrenn svarum predict' I. P. & I D. durant vita ipsorum I & I ac utriusque eorum diut●● viventis. Per●ipiend' annuatim in & per oc●opationem & executionem officiorum praedict', & eorum cuiuslibet tanta & talia feoda, vadia & regard ', proficua & emolument, quanta praedictus I P. pro eisdem officijs & eorum quolibet aliquo tempore praeante habuit & percepit. Reddend' & faciend' annuatim verum & fidele compotum coram auditor̄ dicti Commit & Comitiss. ꝓ tempore existent', in & pro occupatione officij ballivi prescript. Cum etiam praedict' Comes et Comitissa per easden Iras suas dederunt & concesserunt prefat' I D. officium custod' manerij sui de M. predict'. Habend', percipiend', occupand', et exercend' idem officium per se, aut suum sufficientem deputat', durant vita eiusdem I D. cum omnibus et singulis vadijs, regardis, proficuis, et emolument eidem officio ab antiquo debit' et consuet̄, prout in eisdem l●teris plenius continetur. Post cuius donum et concessionem pndict̄ I. P. obijt, & predict' I. D. eum superuixit, et tenet, occupat, & possidet officium pndict̄ virtute concessionis praedict' per ius accrescend'. Sciatis nos de gratia etc. ac pro bono seruitio nobis ꝑ pndict̄ I. D. impenso & imposterum impendend', ratificasse, approbasse, et confirmasse praef. I. D. offic' praedict' pro termino vitae eiusdem I. cum annual' feodo decem libr', ac caeteris regard ', proficuis, & emolumment pndictis. Ac etiam dedimus & concessimus, et per pnsentes damus & concedimus praefat' I D. quod si contingat pndict̄ Comiten et Comitiss. sine haerede masculo de corpore suo legitime procreat' obire, qd tunc praed' I. D. habebit, tenebit, et possidebit predict' officia & eorum quodlibet, cum pndict̄ vadijs, x. libr' annuatim capiend', una cum caeteris vadijs, regard ', proficuis & emolumentis eisden offic' & eorum cuilibet spectant sive pertinent'. Habend', tenend', & exercend' praedict' officia & eorum quodlrbet per se, vel per sufficientem deputat' suum, sive deputatos suos, durant vita ipsius I D. In cuius rei etc. Teste etc. ¶ A Confirmation of an Annuity, with a grant of an other in allowance of Dower. OMnibus Christi etc. R. A. de E. filius & haeres R. A. defunct' etc. Sect. 458. Sciatis quod cum idem R. A. pater meus, per scriptum suum geren dat' etc. dedisset, concess. & confirmasset cuidam A. R. quandam annuitat sive annual' redit' xx. lib. exeunt de, & in toto ill' campo suo vocat' C. iacen-in villa de B. come pndict: Habend', percipiend', & leuand' annuatim, durant toto term' vitae ei●sdem A. ad festa etc. cum clausula distriction pro non solutione eiusdem redit', prout in eodem scripto inter alia pleni' apparet. Et cum postea idem R. A. pater meus duxit in uxorem A. R. pndict̄, & durant sponsal' inter eos, idem R. A. pater obijt, & pnd' A. ipsum su ꝑuixit, & iam superstes in plen vita existit, ac praed' annuali redit' gaudeat & habere debeat. Noveritis ergo me praefat' R. A. filium, tam ratificasse, approbasse, & hoc praesentiscripto meo confirmasse eidem Ag. A. viduae, totum statum, titulum, & intersse eiusdem, de, & in praedict' annual' redit' xx. libr', quam dedisse, concessisse, & hoc pnsenti scripto meo confirmasse eidem A. quandam aliam annuitatem sive annualem redit' xxx. l●brar̄, exeunt tam de, & ex praedict' campo vocat' C. quam de, & in oimbus alijs terris & tenementis meis cum pertin' in B. predict': Habend', gaudend', & percipiend', tam dict' annual' redit' xx. lib. quam predict' annuitat sive annual redit' xxx. libr' per annum praefat' R. A. & assign' suis, durant toto term' vitae natural' eiusd' R. A. ad festa etc. per aequales porc' soluend', in plenam & integram allocationem & satisfact' totius dotis & iunctur eiusdem Ag. de, & in omnibus & singulis terris & tenementis, & haereditament, tam liberis quam customarijs, quae fuer' praedict' R. A. patris mei. Et si contingat predict' annual' redit' etc. (As in distresses for rents and nomine penae. In cuius rei etc. ¶ A Confirmation by the Ordinary and Patron of the Parson's lease. TO all true Christian people to whom this present writing shall Sect. 459. come, to be seen, heard, or read, W. I by the grace of God Bishop of L. and Ordinary of the rectory & Parsonage of S. in the County of etc. and R. very inheritor, owner, & patron of the said rectory & Parsonage of S. sand greeting etc. Know you us the said B. and P. with one assent & consent, at the special & instant desire aswell of one E. as one I. clerk, Parson of S. aforesaid, to have seen, read, examined, & perfectly understood one judenture of a lease, bearing date etc. made by the said I. unto the said E. & to his assigns, of the Rectory & parsonage of S. aforesaid. And of all manner of tithe corn, hay, meadows, gleb lands, leisures, pastures, tithe hemp, flax, oblations, obuentions, and all other tithes, profits, and commodities whatsoever they be to the said rectory & Parsonage belonging & appertaining in S. N. & B. aforesaid, or elsewhere within the said County etc. To have and to hold the said rectory & Parsonage, tithes, & all other the premises with the appurtenances to the said E. & his assigns, from the feast of etc. until the end & term of etc. Yielding and paying therefore yearly unto the said I. & to his successors & assigns etc. at the feast etc. during all the said term etc. Which said Indenture of lease of the said rectory & Parsonage, & all other the premises with etc. to the same rectory & Parsonage belonging or appertaining, & all and every thing & things, covenants, grants, & agreements therein contained and specified, we the said I B. and the said Patron, for his and our heirs and successors by these presents do confirm, ratify, allow & establish. To have and to hold the said Parsonage, glebe lands, tithes, oblations, obuentions, & all other the premises, mentioned and contained in the said Indenture of lease to the said T. his executors & assigns, from the said feast of etc. unto th'end & term of etc. Yielding & paying unto the said I. and to his successors & to their assigns the said yearly rend of etc. at the days & feasts in the said Indenture specified and contained, and all other payments and covenants in the said lease mentioned. In witness etc. Surrenders. ¶ What a Surrender is. AN Instrument of Surrender is an instrument testifying with Sect. 460. apt words, that the particular tenant of lands or tenements for life or years doth sufficiently consent & agreed, ' that he which hath the next immediate remainder or reversion thereof, shall also have the particular estate of the same in possession, and that he yieldeth or giveth the same up unto him. For every Surrender aught forthwith to give a possession of the thing surrendered, of which be divers sorts, as followeth. ¶ A Surrender of an estate for life. THis Indenture made etc. Between G. S. of the one party, & B. Sect. 461. D. daughter of R. D. of the other party, Witnesseth, that whereas the said B. D. is, and standeth seized for term of her life, by virtue of good conveyance and assurance in the law, of and in the several messages, lands, tenements, & hereditaments with the appurtenances, situate, lying, and being in S. in the County of E. hereafter specified & mentioned: that is to say, of and in etc. the mediate remainder thereof being to the said G. S. and the heirs males of his body lawfully begotten, with sundry other remainders over, and the remainder lastly to the right heirs of the said G. S. for ever. Now the said B. D. for and in consideration of etc. & for sundry other good considerations her moving, hath surrendered, granted & confirmed, and by these presents doth surrender, grant, and confirm to the said G. S. all & singular the etc. before mentioned, Together with all deeds, evidences and writings whatsoever, which the said B. or any other to her use, or by her delivery or appointment, or the said R. D. have or hath concerning in any wise the premises, or any part thereof. To have and to hold etc. And also the said R. D. doth covenant etc. for him etc. as in covenants to discharge of encumbrances, supra 67. d. with all other necessary covenants and conditions. ¶ A Surrender to one in remainder. OMnibus etc. Cum I K. pater meus ꝑ char●̄ suam feoffamnti deder Sect. 462. & concesser' mihi praef. T. unum mesuag' come suis pertin' in villa de B. praed', situatum intertenntum R. W. ex part Australi, & stratum Regium versus Boream. Habend' & tenend' mihi ꝓ term' vitae meae, Ita quod post decessum meum, praed' mesuagium cum suis pertin' H. R. fratri meo, haeredibus & assign' suis imperpetuum remaneret. Noveritis me praed' T. concessisse, & sursum reddidisse praef. H. fratri meo, totum ius meum & statum quae habeo pro termino vitae meae in praed' mesuagio cum suis pertin': Habendum & tenendum eindem H. haered' & assign' suis imperpetuum de capitalibus etc. ¶ A Surrender to one in reversion. OMnibus etc. K. R. etc. Cum quidam I R. de N. Mercer, ꝑ chartan Sect. 463. suam feoffament, geren dat' etc. dederit mihi praefat' K. R. totum illud tennt etc. Habend' & tenend' dict' tenntum cum suis pertin' mihi pref. K. R. pro termino vitae meae, Ita qd post decessum mei ipsius K. praed tenemnt̄ etc. prefat' I. R. & haered' suis reverterit, prout per dictam chart̄ patet manifesti●s. Noveritis me praef. K. R. concessisse, & sursum reddidisse, ac per praesentes con●edere & sursum reddere praef. I. R. tenemnt̄ praedict' etc. ac totum ius meum & statum quae habeo pro term' vitae meae, de, & in eod' tennto etc. Habend' & tenend' praed' tenntum etc. praefat' I R. haered' & assignatis suis, ad solum opus ipsius I R. & haeredum suor imperpetuum, de capitalibus dominis feodi illius, per seruitia inde debit', & de iure consuet̄ per praesentes. In cuius rei etc. ¶ A Surrender upon condition by tenant for life to the end a recovery may be su●d against him in reversion, and the state for life preserved. THis Indenture etc. in the xxv. year etc. Between I F. and I. Sect. 464. his wife, late wife of R. L. G. deceased of the one party, & C. O. on the other party, Witnesseth that where the said I F. and I. his wife, as in the right of the said I. his wife doth hold for term of the life of the said I. his wife, divers and sundry land●●, tenements, and hereditaments in W. F. H. and T. within the County of N. and being the late inheritance of the said R. D. the immediate remainder or reversion of all and singular the said lands and premises expectant to the said C. D. and to his heirs, or to the heirs of his body lawfully begotten for ever. Now the said I. F. and I. his wife, aswell for the consideration in this Indenture mentioned, as also for the perfecting of an estate or conveyance to be had and made in consideration of a Marriage hereafter by God's grace to be solemnized between E. T. and I O. daughter to the said C. O. have granted and surrendered, and by these presents do grant and surrender unto the said C. O & his heirs, upon condition hereafter in this Indenture mentioned, all and singular the said lands, tenements, hereditaments & premises before in this Indenture mentioned, and every part & parcel thereof, And all such other lands, tenements, and hereditaments, as the said I. F. and I. his wife, as in the right of the said I. have, or of right aught to have therein, for the term of the life of the said I. being the late inheritance of the said R. Lord O. her late husband, and all the state, right, title, and interest which they the said I F. & I. his wife, as in the right of the said D. I. have, or of right aught to have, in, or to the premises, or any part or parcel thereof. To have and to hold the said lands, tenements, and premises, and the state, right, title, and interest of the said I F. and the said I. his wife, in and to the said lands, tenements, and premises, unto the said C. O. and his heirs. Upon condition, that if the said C. O. do not well and truly content and pay, or cause to be well & truly contented & paid unto the said I. F. and I. his wife, or their assigns, the sum of 1000 l. of etc. As in clauses of payment, That then and from thenceforth this present grant and surrender to be utterly voided and of none effect. And that from & after such default of payment of the said sum of 1000 l. at the time and place aforesaid, it shallbe lawful to and for the said I F. and I. his wife, and their assigns, to enter into all the said tenements and premises, and the same to have again, repossess and enjoy, as in their former estate. And the said C. O. doth covenant and grant, for him, his heirs, executors and administrators, and every of them, to and with the said I. F. and I. his wife, that he shall permit and suffer the said I F. and I. and their assigns, to take the rents, issues, and profits of the said lands and premises to their own use, without any account thereof making, until the feast of S. Martin etc. which shall be etc. 1594. if the said I. the wife do so long live. In witness etc. ¶ A surrender of leases for years. TO all Christian people to whom this present writing shall come, Sect. 465. R. A. & I R. sand greeting in our Lord God everlasting, Where as by deed indented bearing date etc. made between T. W. deceased, and M. then his wife of the one party, and the said R. A. on the other party, the said W. did demise, grant, and to farm let to the said R. A. their manor of H. K. with their appurtenances, lying and being in H. in the said County of etc. To have and to hold the said manor, and other the premises to the said R. A. his executors etc. from the feast of Saint Michael etc. then next ensuing, until the end and term of xxi. years than next &c. fully to be complete and ended, as by the said deed indented it doth plainly appear. And where also by deed indented, bearing date etc. made between the said T. W. and T. S. & the said R. A. etc. the said W. and T. S. did demise, grant, and to farm let unto the said R. A. all those their woods, underwoods', lands etc. To have and to hold the said woods & underwoodes etc. unto the said R. his executors and assigns, from the feast of etc. next ensuing the date of the last recited deed indented, until the end and term of one and twenty years then next ensuing. Except and always reserved unto the said W. T. and to their heirs, all manner of timber trees, and trees like to prove timber trees, of what years or growth soever they were then growing, in, or upon the premises, as by the same deed indented last recited it doth and may appear etc. The estate and interest of the which said R. A. in the said lands, tenements, meadows, pastures, and feedings, granted by the said recited deeds indented, the said I R. now hath. Know ye now, that the said R. A. and I R. for divers considerations them moving, have given, granted, and surrendered, and by these presents do give, grant, and surrender unto T. W. and T. S. all their right, estate, interest, and term, and all the right, estate, and term of either of them, that they, or either of them had, have, or aught to have, of, in, or to the said manor of H. K. and other the premises demised, granted or let to farm by the first recited deed indented. Except always and foreprised to the said R. A. his executors, administrators, and assigns during the term of the said last recited deed indented, all the right, title, interest, estate, and term, that he the said R. A. now hath, may have, or aught to have, in, and to the said woods, underwoods', and other the premises demised unto the said R. A. by the last recited deed indented, to be had and enjoyed to the said R. A. his executors &c. according to the tenor and form of the said last recited deed indented. To have and to hold the said Manor of H. K. and other the premises by these presents, granted and surrendered, with their appurtenances (except before excepted by these presents) unto the said T. W. and T. S. their heirs and assigns for ever. And the said R. A. and I R. for them, and either of them, and the executors and administrators of every of them, do covenant & grant, to, and with the said T. W. and T. S. and the heirs, executors or assigns of every of them, that the said Manor of H. and other the premises by these presents granted and surrendered (except before excepted) at the time of the making of these presents, be, & shallbe for ever hereafter clearly acquitted and discharged, or otherwise saved harmless of etc. As in covenants to save harmless. In witness etc. Releases. ¶ What a Release is. A Release is an instrument, whereby estates, rights, titles, entries, Sect. 466. actions, and other things be sometimes extinguished, sometimes transferred, sometimes abridged, and sometimes enlarged, of which see these examples. ¶ A Release made to the tenant for term of years. OMnibus etc. Cum R. W. de O. teneat de me praef. I. unum tenntum cum suis pertinentijs quod idem R. inhabitat, in etc. pro termino annor etc. Noveritis me praefat' I remisisse, relaxasse etc. Ita quod nec ego, nec haered' mei etc. Sed ab omni actione juris, clameis etc. Dat' etc. ¶ A Release to the tenant of the freehold. OMnibus etc. T. R. filius & haeres C. R. armig' defuncti salutem in Sect. 467. domino sempiternam. Noveritis me praefat' T. remisisse, relaxasse, & omnino pro me & haered' meis imperpetuum, quietum clamasse per praesentes R. D. armig' in sua plena & pacifica possessione existent', haered' & assign' suis imperpetuum, totum ius meum, titulum, clameum, demand' & interest, quae unquam habui, habeo, seu quovismodo in futur' haber̄ potero vel poterint haered' mei, de, & in manner de R. in come K. cum omnibus terris, tenntis etc. Ita viz. quod nec ego praed' T. nec haered' mei, nec aliquis alius per nos, pro nobis, seu nomine nostro aliquod ius, titulum, clameun, demandun seu interest, de, aut in praed' manner de R. cum omnibus terr', tenementis etc. neque in aliqua part seu parcella eorunden, de caetero clamare vel vendicar̄ poterimus nec debemus quovismodo in futur', sed ab omni actione juris, tituli, clameis, demandi, & interest, & eisden penitus exclusi imperpet̄ per praesentes. Et ego vero praedict' T. & haeredes mei praed' manner de R. cum etc. praefat' R. D. haered' & assign' suis contra me & haered' meos, ac contra omnes & singulas al' person sive personas legitim habent & clam' sive exigent, seu qui imposter' legitim habeb. clamabunt sive exigent praemiss. cum pertin', aut aliquam inde procellam, aut aliquid juris, tituli, status, interest, seu aliquid aliud, de, in, vel ex praemissis cum pertin', aut de, in, vel ex aliqua inde parcell', de, per vel sub me praef. T. R. vel assign' meis, warrantizabimus & imperpetuum defendemus per praesentes. In cuius etc. ¶ A Release of right or interest in lands. Omnibus etc. A. M. vidua relict' T. M. nuper de S. in come N. defunct', Sect. 468. administratrix bonorum & catallorum quae fuerunt T. tempore mortis suae, salutem in domino sempiternam. Sciatis me praef. A pro quadam pec' summa mihi per H. M. de S. praedict' filium meum prae manibus soluta. & imposter soluend', Remisisse, etc. ut supra. Ita quod nec ego etc. Sciatis in super me praef. A. M. remisisse, relaxasse & omnino pro me & haered' & executor' meis imperpetuum quietum clamasse per presentes praefat' H. M. haeredibus & executoribus suis, omnes & omnimodas actiones, sect' quaerelas, debita, compota, transgressiones, detentiones & demanda quaecunque, quae, vel quas versus ipsum H. unquam habui, habeo, seu quovismodo in futurum haber̄ potero virtute administrat praed', sive al●ter quocumque modo, ab origine mundi, usque in diem confectionis praesentium. In cuius rei etc. ¶ A Release to the vendee. Omnibus etc. I. L. de etc. cum C. F. de N. habuerit & perquisiverit Sect. 469. de me praefat' I unum tenementum in N. in parochia beatae Mariae virgin, in alto vic' seu platea. Habend' & tenend' eid' C. haered' & assign' suis imperpet, ꝓut per chartam feoffamnti per me eid' C. inde confect' cuius dat' est etc. plenius apparet. Noveritis me pnd' I remisisse, relaxasse, & omnino ꝓ me & hered' meis imperpet quiet' clamasse pref. C. haer̄ & assign' suis, totum ius meum, clameun etc. Ita uz. In cuius etc. ¶ A Release by the Morigagee. Omnibus etc. Noveritis me pf. etc. ꝑ praesentes remisisse, relaxas. Sect. 470. etc. R. W. de O. haered', & assign' suis inperpet, totum ius etc. in uno tenemnto in O. cum suis pertin' quae nuper habui ex dono & feoffamento pnd' R. in O. ꝑ modum morgagij ꝓ xx. li. & quas mihi iam soluit & satisfecit, qd' quidem tenntum cum suis pertin' idem R. W. in sua plena possessione iam habet. Ita viz. qd' nec ego etc. In cuius etc. ¶ A Release of all actions. noverint etc. remisisse, relaxasse, & omnino pro me & haer̄ meis Sect. 471. imperpetuum quiet' clamasse I H. de B. etc. omnes & omnimod' actiones tam reales quam personales sect' quaerel' debit' exec' transgr & demand' quas vel quae unquam habui, habeo, feu in futur' quonismodo hēre potero versus praed' I. H. ratione aut causa quacunque ab origine mundi usque in diem confectionis praesentium. In cuius etc. ¶ A Release of a Quare impedit. TO all faithful people to whom these presents shall come, to be heard, Sect. 472. read, or seen, I S. of O. in the county of C. sendeth greeting in our Lord God everlasting. Whereas suit & controversy, hath heretofore been moved & depending between I S. on th'one party, and the reverend father in God W. Bishop of C. on the other party, for, and concerning the collation of one R. C. clerk, in & to the church of T. in the said county of C. for & concerning the which presentation, one Quare imp was brought by thaforenamed I S. against the said reverend father W. Bish. of C. & whereas by yus meditation of the right honourable sir H. S. order hath been taken, in & concerning yus premises, & all matters & things concerning the same. Now know ye, that the said I. S. in accomplishment, & according to the said order, hath remised, released, & for ever quite clauned, and by these presents doth fully, freely & absolutely, remise, release, & for ever quite claim to the said reverend Father in God, W. Bishop of C. and to R. C. and to either of them, their executors and administrators, aswell the said action of Quare impedit, & all and all manner of disturbances, causes, matters, & things concerning the church, or advowson of T. aforesaid, as all other actions, suits, quarrels, debts, trespasses, controversies & demands, whatsoever had, made, moved, stirred or depending, between the said parties, or any of them, at any time or times, before the date of these presents, of all which actions, quarrels, suits, controversies, & demands aforesaid, the said I. S. for himself, & his heirs covenanteth and granteth, to and with the said W. Bishop, and R. C. their executors etc. & at all times hereafter, well and sufficiently to acquit, discharge, or save harmless the same Bishop, and R. C. the executors and administrators of them, & either of them by these presents. In witness etc. ¶ A Release of a Communication of matrimony. THis bill made the x. day of etc. in the etc. Whereas a Communication Sect. 473. of marriage hath heretofore been moved, & had, between S. T. on th'one party, and I. C. of tother party, and that the same taketh none effect, for that the said S. T. cannot obtain and get the good will of their friends and kinsfolks, at whose hands such portion of money as to her of right appertaineth, is to be received, Witnesseth, that I the said I C. do here by testify & protest unto the world, aswell for mine own discharge as his, that no dishonest nor unlawful act, hath at any time been committed between us nor any contract of matrimony had or made at all betwixt us, but that every of us, may lawfully at our wills & pleasure marry elsewhere by God & man's laws. In witness etc. ¶ A Release of an appeal. THis Indenture etc. Between H. H. of etc. & R. E. of etc. Witnesseth, Sect. 474. that where R. E. standeth indicted and appealed, of and for the death & killing of R. H. & thereupon divers suits and process are depending and have been awarded against the said R. E. Now the said H. doth remit, remise, and clearly and absolutely for him and his heirs release to the said R. E. all appeals, suits and demands, and other actions whatsoever: And further the said H. L. doth covenant etc. that where the said H. H. hath commenced an appeal against the said R. E. and others of and for the death of the said R. H. his brother deceased, That neither he the said H. H. nor the said W. H. and R. H. nor any of them, nor any other for them, or in their names, nor by their means, advise, knowledge, assent or procurement of any of them, shall from henceforth prosecute or follow the said Appeal, or any process thereupon depending against the said R. And for the better determming of the said appeal against the said R. E. he the said H. H. doth covenant to make one retraxit, of and upon the said appeal at any time when he shall be thereunto required by the said R. E. or by any for him or in his name. And moreover the said H. H. W. H. and R. H. do covenant etc. that neither the said H. H. W. H. and R. H. or any of them, nor any their friends, kins folks, or allies, nor any other person or persons for them or any of them, or by the means, consent, advise, knowledge or procurement of them or any of them shall do, suffer, or cause to be done or suffered any act or acts, or thing whatsoever, for the further sewing, troubling, vexing, or endangering of the said R. E. of or for the death or killing of the said R. H. nor shall not give or procure to be given any evidence, or other prose against the said R. E. or for the death or killing of the said R. H. In consideration of which said agreement, conclusion, and of all & singular other the premises to be well and truly observed and kept on the part and behalf of the said H. H. W. H. and R. H. and every of them their friends and kinsfolks, as the said R. E. doth covenant for him his heirs and administrators with the said H. H. etc. to pay or cause to be paid to the said H. H. etc. expressing the sum and place of payment. In witness etc. ¶ A Release between joint Lessees. Unto all Christian people to whom this present writing shall come. Sect. 475. I. D. R. B. and M. E. etc. sendeth greeting: Whereas the collegiat Church of the blessed virgin of Southwell in the county of N. by their Indenture of lease bearing date etc. did amongst other things, demise, grant and to farm let unto H. C. deceased, all that their manor or lordship of R. in the county of Y. with the scite & circuit of the same manor, & all & singular their other lands, tenements etc. in the said county of Y. being part, parcel or member of the said collegiat church of S. or reputed, taken or known to be any part, parcel or member of the same, or of the said manor or lordship, or any of them, or any part or parcel thereof, with all & singular their appurtenances unto the said H. C. his executors & assigns for the term & space of etc. as by the said Indenture of lease more at large it appeareth. By force whereof the said H. C. was lawfully possessed of the said Manor of L. and premises accordingly. And so being thereof possessed made his last will and Testament in writing, and thereof did constitute & make G. C. of etc. and E. C. then wife of the said H. C. his executors, and after died. After whose death the administration of all the goods and cattles of the said H. C. was committed to the said G. C. and E. C. according to the Ecclesiastical laws of this Realm, by force whereof the said G. and E. were thereof lawfully possessed, and the same had and enjoyed. And they so being thereof possessed by their Indenture bearing date etc. did give, grant, assign, and set over unto the said I. D. R. B. M. E. and I N. of etc. all their whole estate, interest and term of years then to come, of, and in the said manors, lordships, lands, tenements and premises with the appurtenances (the coal Mine excented) together with the said Indenture of lease made to the said I. D. R. B. etc. at large appeareth. th'intent & true meaning of which said Indenture made by the said G. and E. as is aforesaid was meant and intended that the said I D. R. B. M. E. and I N. and every of them should have and enjoy severally their Farmeholdes or Tenements in their several renures and occupations. And that the residue of the said Manor and premises should be divided amongst them. Now therefore know ye us the said I D. R. B. and M. E. for the accomplishing and fulfilling of the true meaning and intent of the said conveyance made by the said G. and E. as is aforesaid, to have remised and released, and by these presents do clearly remise and release unto the said I. N. his executors and assigns all our estate, right, title, term of years and demand which we have or of right aught to have of, in or to all that one tenement etc. now in the tenure or occupation of the said I N. and of, and in all other lands and hereditaments which be assigned and appointed and set forth to him. And we the said I D. R. B. & M. E. do covenant and grant for us our executors, administr and assigns, and for the Executors, administrators, and Assigns of every of us, to and with the said I. N. his Executors, Administrators and Assigns. That we the said I D. R. B. and M. E. our executors, administrators and assigns, shall from time to time at all times hereafter when and as often as we or any of us shall be thereunto required by the said I. N. his executors, administrators, or assigns during the said term of years, do execute and make or cause etc. all and every such further act and acts, thing, things, and assurance as shallbe reasonably and necessarily devised or advised by the said I. N. or his executors or assigns or by his or their Counsel learned in the Law for the further and better assurance, surety and sure making of one estate and interest, of and in etc. now in the occupation etc. unto the said I. N. his executors & assigns. In witness etc. ¶ A Release made by the feoffees to one of them. OMnibus etc. Nover nos praefat' N. & S. per praesentes remisisse, Sect. 476. relaxasse, & omnino pro nobis & haeredibus nostris imperpet quiet' clamasse I. S. de O. haer̄ & assignatis suis, tot ius nostr' etc. quae aliquis nostrum habet, seu habere poter, in omnibus illis terris & tenementis quae nuper habuimus simul cum pnd' I in villa & in campis de I. in comitatu Oxon̄ ex concess. & feoffament dm I B. Capellani. & N. D. de I. praed', in quorum quidem terris & tenntis idem I S. iam existit in plena possess. Ita viz. quod nec nos praef. etc. In cuius etc. ¶ A Release in performance of an award. OMnibus etc. A. B. & C. D. salutem. Sciatis qd' cum diversae lights Sect. 477. motae fuer' inter nos praefat' A. B. & C. D. ex part una, & quendam T. P. ex part altera, de & super ius, titulum, interest, & possess. omnium & singulor mesuagior etc. quae fuer' in tenura & possession E. F. super quae nos praef. A. B. & C. D. ad specialem instantiam & requisitionem amicorum nostrorum comprimis. & ex unanimi assensu nostr' submis. nos ipsos in arbitrium ordinat & judicium quorundam E. G. & W. F. armig' tam de & super iure, & titulo dictor mesuag' etc. quam de & super omnibus actionibus personalibus & realibus ante haec int̄ nos motis & habitis super pmmissis seu eor aliquam procellam concernent seu tangent. Sciatis nos pref. A. B. & C. D. in compliment cuiusd' arbitrij, ordinationis seu iudic' praed' per praefat' arbitrat ante datum praesent̄ ex communi assensu nostro fact', & inscript indent nobis tradit prout tenemur, remississe, relaxasse etc. ut supra. ¶ A Release of amerciaments. BE it known unto all men etc. that I G. L. of etc. Farmer of the Sect. 478 profits of the Court of the manor of R. in etc. have remised, released & quite claimed, and by these presents do remise etc. unto W. S. of R. in etc. all and all manner of fines, forfeitures and amerciaments, afferred upon the said W. S. at any Courts, Leetes, or Court barons of the manor of R. aforesaid, held within the said manor at any time or times before the date hereof. In witness etc. ¶ A Release of the peace. MEmorandum quod tertio die Nouemb' anno regni domisi Sect. 479. nostr' Elizab decim tertio etc. venit coram me W. M. apud G. in comitatu praedict', uno Iustic' dictae Dominae Reginae ad pacem conseruand' in comitatu praedict' I. C. et pacem quam habet versus I C. in comitatu praedict' penitus remisit, et relaxavit etc. ut supra. ¶ A Release from the recoverors in a writ of Entre. OMnibus etc. W. M. et I B. salutem in domino sempiternam, cum Sect. 480. nos praefat' W. et I. nuper recuperavimus coram Iustic' dominae Reginae de communibus placit apud Westmonast' per breve dictae dnae Reginae de ingressu in le post versus F. F. viduam et I F. unum Mes. etc. cum pertin' in C. in comitatu N. prout inter pla●ita irrotulat coram I D. Milite et socijs suis Iusticiar' dictae domin' Reginae in term' Sancti H. anno regni eiusdem dnae Reginae Rotsie Cli. plenius liquet et apparet. Et pro eo quod recuperatio praedict' habit fuit ad solum et proprium o●us et usum ipsorum F. et I F. et haered' ipsius I. Ideo in consideration inde Sciatis nos praefat' W. M. et I B. remisisse, relaxasse etc. as in a general Release. In cuius etc. ¶ A Release of errors. OMnibus Christi fidelibus ad etc. salutem, Sciatis me praefatum Sect. 481. G. B. pro etc. remisisse, relaxasse, et omn pro me et haered' meis imperpetuum quiet clam' praefat' F. R. et haered' suis totum ill' annualem redditum meum seven. s. ac omnes alios redd' quoscunque excunt de terr', tenementis et haereditamentis in B. etc. Ac insuper sciatis me praefatum G. B. remisisse etc. praefato F. R. totum ius, titulum, statum, interesse et demand' quae habeo aut clamare potero aut poterint haered' mei de, et in praedictis te●r̄, tenementis et haereditamentis in C. etc. Ac etiam omnes action̄ et brevia de errore et erroribus et omnes errores quos●unque quos ego etc. aut haeredes mei habere aut prosequi potui seu posstiumus versus praefat' F. R. aut assign' suos. In cuius rei etc. ¶ A Release general. noverint universi per praesentes me V B. Militem, remisisse, relaxasse, Sect. 482. & omnino pro me, haered', executoribus, & assignatis meis in perpetuum q●iet̄ clam' T. H. etc. omnes & omnimodas actiones, transgressiones, sectas, quaerelas, debit', debat, executiones, & demand' quae cunque quae habeo, habui, seu quovismodo in futurum habere potero ab origine mundi usque datum praesentium. In cuius etc. Acquitances. ¶ An acquittance for the redemption of lands mortgaged. BE it known to all men by these presents, that I I. L. of L. Sect. 483. gent. have received and had this present day at the font stone in the Cathedral church of S. Paul in L. between the hours of one and four of the clock at after noon of the same day, of W. G. of S. in the County of E. yeoman xl. li. for the redemption & in full satisfaction of all and singular those lands & tenements with thappurtenances, in the parish of S. and P. in the said County of E. called N. & M. contained and specified in a pair of Indentures of covenant, bearing date the xuj. day of I. in the xxx. year etc. made between the said W. G. one th'one party, and me the said I L. on the other party, of, for, and concerning the bargain and sale of all & singular the said lands and tenements conditionally, as by the same Indentures thereof made more at large doth appear. Of which xl. li. in full payment and contentation as is above said received, I the said I L. acknowledge myself well and truly contented, satisfied & paid, and thereof, & every parcel thereof I clearly acquit and discharge the said W. G. his heirs & executors by these presents. In witness etc. ¶ An Acquittance of an Annuity. noverint etc. me I. K. etc. recepisse etc. de H. R. per manus I D. Sect. 484. firmarij manerij de R. x. li. in part solutionis cuiusdam annuitatis xx. li. mihi ad terminum vitae meae, per dictum H. concess. Percipiend' annuatim ad terminos duos, viz. ad festa N. & M. equis porcionibus, de quibus x. lib. fateor me content & solutum, et ipsum H. haered' & executores suos inde in ꝑpetuum esse quiet' per pnsentes. In cuius etc. ¶ An acquittance made upon the receipt of an exhibition granted to one of the Inns of the Court by a Duke. THis Bill made in the etc. Witnesseth, that I C. H. have received Sect. 485. of K. H. Receiver general to the high and mighty prince T. Duke of N. five marks sterling, in full contentation and payment of my fee due to me at the feast of S. Michael last passed before the date hereof, for one whole year: which yearly fee the said Duke's grace of his gracious goodness and benevolence hath given and granteth unto me the said C. towards my yearly exhibition in the Inns of Court. In witness whereof I the said C. H. have written this bill with my own etc. (Or otherwise) have put to my hand etc. ¶ An acquittance of Rent by a Bailiff. 20. die Junii An. etc. Received of T. H. of etc. for his half years rend due to be paid at Sect. 486. the Annunciation etc. last past, for champnes land in L. etc. in the County of etc. the day and year first above written xx. shillings. ¶ A quittance of the farm of a Benefice. BE it known unto all men by these presentsses, that I C. T. parson Sect. 487. of H. in the County of Esser, have received and had the day of making hereof, of I. L. Ir. pounds sterling, for the half years farm of my said Parsonage, to me due at the feast of S. Mich. the archangel last passed before the date hereof. In witness etc. ¶ A quittance of a Rend charge. THis Bill etc. Witnesseth, that I R. E. have received and had on Sect. 488. the day of the date hereof, of T. S. of the Inner Temple of L. the sum of four pound of lawful money etc. due to me the said R. E. as in the right of K. my wife, at the Annunciation of the blessed virgin Marie last passed, being the moiety of a rend charge of etc. by the year granted to the said R. for term of her life, out of the farm of B. of which said sum of iiii. two etc. of etc. so by me received, I the said R. do acknowledge myself and the said K. my wife fully satisfied, contented, and paid, and of the said sum of iiii. li.. and of every part thereof to acquit and discharge the said T. S. his heirs and assigns by these presents. In witness etc. ¶ A quittance of money received to pay to an other. THis Bill etc. Witnesseth, that I T. S. of etc. have received and Sect. 489. had on the day of the making hereof, of T. B. of D. in the County of W. Esquire, by the hands of etc. the sum of etc. to be paid & disbursed by me the said T. S. for the said T. B. in such sort as the same was appointed by the said T. B. to be paid and disbursed. In witness whereof etc. par ¶ A quittance of recompense of dower. THis Bill etc. Witnesseth, that I O. B. etc. have received and had Sect. 490. on the day of the date hereof of G. H. of etc. the sum of etc. due and payable to me the said O. B. in the right of my wife at the feast of S. Mich. etc. after the date hereof, for the half years rend to her the said I. due and payable in recompense of her dower between the said G. and the said I. of which said sum of etc. so by me received, I the said O. B. do acknowledge myself fully satisfied & paid, and thereof, and of every part thereof do clearly acquit, discharge, and exonerate the said G. H. his heirs, executors, and administrators, and every of them by these presents. In witness etc. ¶ An acquittance of part of a debt. BE it known unto all men etc. that I A. B. of K. in the County Sect. 491. etc. have received and had the day of the making hereof of R. W. of E. in the said county yeomen six pounds etc. due to me on the feast day of etc. last passed before the date of these presents, in part of payment of a greater sum contained & specified in a certain writing obligatory, wherein the said R. W. with others stand bound unto me. Of which six pounds etc. (As above.) ¶ A quittance for creation money of an Earl. noverint universi per praesentes me G. Comitem S. administr Sect. 492. bonorum & catallorum G. nuper Comitis S. patris mei, filij & haered' mascul' F. nuper Comitis S. recipisse & habuisse die confectionis praesentium de T. C. armig' nuper Vic' come S. xl. libr' bonae & legalis monetae Angliae de viginti libr' annuis I nuper Comiti S. & haered' suis mascul' ꝑ domin' H. nuper Regen Angliae sextum concess. Habend' & annuatim percipiend' de exit, profic', & reuenc' come S. ꝑ manus vic' eiusdem come pro tempore existent', ad festa Pasc. & S. Mich. per aequal' porc'. De quas quidem xl. libr' ꝓ duobus Annis finit ad festum Sancti Mich. arch. anno regni Reginae nunc Elizab. xxxij. fateor me praefat' Commit fore solut dictumque nuper Vic' inde acquietat & exonerat per praesentes, sigillo meo sigillat. Dat' x. die Febr, Anno regni dictae dominae Elizab. etc. ¶ An acquittance by a Vicar or Parson to the Proctor. noverint universi etc. me A. B. Vicar Ecclesiae parochiae de S. Sect. 493. recepisse & accepisse die confectionis praesentium compot̄ finalem & totalem W. P. procurator vicariae meae praedict', de omnibus recept, exitibus, solutionibus, & liberationibus pndict̄ vicar meae spectantibus, de toto tempore quo dictus W. fuit procurat meus ibidem. Ita quod computat computand', & allocat allocand' ipsum W. & executor' suos de quocunque ulteriori compoto ratione praemissorum mihi reddend', usque in diem dat' praescntium acquieto, libero, & exonero per praesentes, Sigillo meo sigillat etc. ¶ A quittance of tenths and Subsidies paid to the Collector. PRaesens scriptum testatur, quod ego H. H. decimarum & subsidiorum Sect. 494. domini Regis so ꝑ omnes personas ecclesiasticas, & per totam dioces. M. percipiend', collector & receptor general', sufficienti aucthoritat Episcopali fulcitus & legitim constitut̄, recepi de G. W. rector de bridle pro decimis & subsidijs eiusdem ecclesiae sue dicto illustrissimo nostro Regi pro anno domini 1590. etc. ad festum Natalis domini ultimo praeteritum, debit' xviij. li. de quibus quidem pecunijs fateor me ad usum dicti dni Regis solut, & ipsum, & Ecclesiam suam praedict' pen●tus liberam & quietam per praesentes, manu measubscriptas etc. Anno etc. ¶ Acquittance made by one Obligee. OMnibus etc. I S. salutem in domino sempiternam. Cum W. P. Sect. 495. teneatur mihi praefato F. ac cuiden H. L. in decem etc. soluendis nobis aut uni nostrum ad diversos terminos, ꝓut in quadam obligatione defesanc' super eand' nobis inde confect' plenius continet. Noveritis me prefat' I. recepisse & habuisse die confectionis presentium de praefat' Wilhelm̄ viginti solidos etc. in part solutionis x. predict' libr', viz. pro termino Natal' dni proxim' f●tur', de quibus quidem xx. s. fateor me fore solutum, dictumque W. haered' & executores inde esse quiet' & exonerat per praesentes. In cuius etc. ¶ A general acquittance with a Proviso. THis Bill made etc. Witnesseth, that I. H. W. etc. have remised & Sect. 496. released unto R. C. etc. all manner of actions, suits, debts, accounts, recognizances, & all, & all manner of judgements, executions & demands which I. the same H. W. may, might, or aught to have against the said R. C. his heirs or executors, for any matter or cause whatsoever, from the beginning of the world unto the day of the date of these presents. Provided that the acquittance extend not to the extinguishment and determination of a certain deed obligatory bearing date etc. made by one S. C. and the said I. S. wherein the said S. and I. stood bound unto one I S. B. M. A. B. and me the said H. W. in the sum of etc. In witness etc. ¶ A general Release or acquittance, with a special acquittance therein contained. THis Bill made etc. Witnesseth, that I R. F. have received the Sect. 497. day of the making hereof of T. N. and M. his wife my mother executrix of the last will & testament of E. F. deceased my father, all such jewels, plate, hangings, household stuff, and all and every other gifts, legacies, bequests, thing and things whatsoever they be to me the said R. F. in any wise due by reason of a gift or will of the said E. F. of the which jewels etc. ut supra, I the said R. F. do fully & clearly by this my present bill acquit and discharge the said T. N. & M. their heirs etc. And further I. the same R. F. by this my present Bill do clearly remise, release & quite claim for me, my heirs, executors & assigns to the said T. N. & M. & every of them, all & all manner of actions etc. In witness etc. ¶ Acquittance for money due by recognizance. THis Bill etc. Witnesseth, that I H. G. have received the day of Sect. 498. the date of these presents of R. L. the sum of etc. in the which he the said R. standeth bound unto me in a certain recognizance in the Chancery, as by the same etc. of which said sum of etc. & of every part & parcel thereof, I the said H. do confess myself well & truly contented, paid & satisfied, & thereof & of every part & parcel thereof do by these presents clearly acquit & discharge the said R. L. his heirs, executors & administrators for ever. In witness etc. ¶ An Acquittance for a Legacy. BE it known etc. That we R. C. & A. my wife, daughter etc. have Sect. 499. received and had the day of the making hereof, of C. W. & W. P. executors of the testament and last will of T. R. xl. s. of etc. in full payment of xl. s. given and bequeathed by the said T. R. in his said Testament, of which said sum of xl. s. in full payment and satisfaction of all bequests and legacies to me given in the said testament, we knowledge ourselves fully satisfied, contented &c. Sealed with etc. ¶ An Acquittance of money received in discharge of an annuity. BE it known etc. that I A. C. of etc. sole executrix of the last will Sect. 500 and testament of L. C. of S. etc. late my husband deceased, have received the day of the date hereof of I. P. of G. in the County of L. gent. the sum of xl. pounds of etc. for the full and clear discharge & determination of one annuity or yearly rent of viii. l. of currant etc. granted by E. V unto the said L. C. my late husband, to be taken and perceived out of the Manor of M. in the said County of L. as by the deed Indented thereof made, bearing date the etc. which said annuity or yearly rend of viii. l. is to be determined and extinguished upon payment of the sum of xl. l. by the said I. P. his heirs, executors or assigns unto the said A. C. his etc. as by the said deed Indented made between the said L. C. of the one party, & the said E. V of the other party bearing date the day and year aforesaid more plainly it doth & may appear, Of which said sum of xl. l. etc. In witness etc. ¶ An Acquittance with acovenant to save harmless. BE it known etc. that I I. G. of etc. have received the day of the Sect. 501. making hereof of I. P. to the use of M. B. one stone jug covered & footed with silver & gilded, & one glass covered, footed & also ribbed with silver & gilded whereof I the said I G. do covenant etc. the said I. P. his executors, administrators, and assigns, & every of them by these presents clearly to acquit, exonerate, and discharge, & the said I P. his executors & administrators against the said M. B. his heirs and assigns by these presents &c. Sealed etc. ¶ Acquittance made by an Attorney. Unto all men etc. A. D. sendeth greeting, Know ye the Sect. 502. said A. D. by virtue and authority of one writing or letter of Attorney made to me by R. S. to have had and received the day of the date hereof of C. W. etc. the sum etc. wherein the said C. did stand bound to the said R. S. by his bill Obligatory, of which sum etc. so by me received, I acknowledge myself in the name of the said R. truly and fully satisfied and paid, and thereof and of every part and parcel thereof do clearly acquit & discharge the said C. W. his heirs, executors and administrators and every of them by these presents. In witness etc. ¶ Acquittance by Substitute or deputy. Unto all etc. R. R. greeting, where R. S. & ● recite the first letter Sect. 503. of Attorney, And where also the said A. D. by virtue of the said letter of Attorney did by his writing under his hand & Seal constitute & appoint me the said R. R. his lawful deputy and substitute to ask etc. to the use of the said R. S. And did give me further authority to deal for him in the premises, as by the same writing made to me by the said A. D. appeareth. By virtue and authority whereof, now know ye me the said R. R. to have had etc. Partition. ¶ A Partition of lands descended. THis Indenture made the x. day etc. between P. W. Citizen of Sect. 504. London, & A. his wife one of the daughters and heirs of W. R. late of London Mercer, and one of the sisters and heirs of T. R. which was son & heir of the said W. R. when he lived, on the one party, & I R. widow sister of the said Anne, another of the daughters and heirs of the said W. R. and another of the Sisters and heirs of the said T. R. and S. Citizen and Mercer of London, W. W. Draper and I B. Draper which were of late enfeffed by the said I. of the moiety of a great tenement or mesuage etc. & set & lying together in the Parish of S. B. to the use of the said I. & her heirs on the other party, Witnesseth that it is covenanted, granted, condescended and agreed between the said parties, for a partition between them to be had and made of the inheritance of the said tenement and other the premises in the said Parish, which descended to the said Anne and joan in copercenarie, by and after the death of the said R. as well daughters and heirs of the said R. W. as sisters and heirs of the above named T. R. in manner and form ensuing. First it is covenanted and granted between the said parties and the said I. and her feoffees granted by these presents, that the said R. and A. in the right of the same Anne, shall have for their part and purparty of the aforesaid lands and tenements etc. three dwelling tenements of the yearly value of iiii. pounds. In one of the which said tenements T. D. Barber now dwelleth and inhabiteth, containing in itself xl. foot of assize of square etc. And in the other tenement of the three dwelleth one M. A. widow, and it containeth etc. And the third tenement is in the possession of A. R. etc. which said three tenements, with the yards, kitching, chambers etc. in as ample and large manner and form as the said persons now dwelling have or occupy, or they, or any other afore time have had or occupied. The said P. and A. as in the right of the same A. shall have and enjoy to her and her heirs, in full recompense and allowance of, and for her part, and purparty, that to her belongeth or aught to belong, of all the said meases, lands, tenements etc. by, and after the decease of the foresaid W. and T. and either of them, as one of the daughters and heirs etc. And it is agreed between the said parties, and the said I. and her feoffees, been contented and pleased to accept and take in full recompense and allowance, of, and for the part of the said I. of all the meases, lands, tenements, hereditaments and other the premises above rehearsed, to the use of the said I. and of her heirs, one great tenement of the said three tenements containing &c. with the appurtenances in as ample and large manner as T. C. Gentleman now dwelling in the same or any other etc. And it is further fully agreed, covenanted, and granted between the said parties by these presents, that at all times convenient it shall be lawful to either of them to enter into others part to them allotted, to do reparations and other behoofes necessary upon the meases, lands, and tenements, to them severally allotted, in amending, building, or repairing, or otherwise, of, & upon their own parts of the said lands, tenements etc. to them allotted and appointed by these presents. And over that it is agreed, covenanted, and granted between the said parties, that all annual rents, and services due to the Lord or Lords of the fee etc. shall be equally borne between the said A. and I. and their heirs and assigns, inhabiters of the same tenement etc. that is to say, either of them for their part and portion afore allotted etc. In witness etc. ¶ An Indenture of Partition of lands purchased. THis Indenture etc. witnesseth, That whereas one T. B. and the Sect. 505. said T. B. jointly purchased to them and their heirs for ever, of one T. P. of etc. divers messages, lands, etc. with the appurtenances situate, lying and being in S. etc. And where afterwards in the life of the said T. B. viz. the xuj. day of M. etc. full and perfect division, separation, and partition of all the said messages etc. and of all their estate in the same, was had and made by, and between the said T. B. and T. B. being both then present, at, in, and upon the said mesuage etc. with the appurtenances in manner and form following, that is to say, That the said T. B. should have and enjoy to him and his heirs for ever, quietly from the said T. B. and his heirs divided in severalty, and not in injointure for his full and whole moiety, part, purparty, and portion of all and singular the said messages etc. and in allowance and recompense thereof, one house in S. in the tenure etc. with three doles etc. one other house etc. And that the said T. B. should have and enjoy to him and his heirs for ever quietly from the said T. B. and his heirs for ever, divided in severalty, and not in jointure for his full and whole moiety, part, purparty and portion of all and singular the said mesuage etc. and in full allowance, satisfaction, and recompense thereof, one house etc. Nevertheless, for as much as some question, variance, and contention hath lately risen between the said parties touching and concerning the quiet occupation of some part of the premises: for the appeasing whereof, and for the extinguishment and utter avoiding of all ambiguities, doubts, variances, and contentions, which hereafter might chance to arise, and sure confirmation of the said partition so made as is abovesaid. And for a perfect and absolute partition and division to be made of such parts and portions of the said messages etc. as yet remain undivided (if any such be) it is covenanted, granted, promised and agreed, by, and between the said T. B. and the said F. and A. their heirs, executors, and administrators, and every of them by these presents in manner and form following, that is, the said F. and A. for themselves, and the heirs etc. of the said F. do covenant, grant, promise, etc. to and with the said T. B. his heirs etc. that he the said T. B. his heirs and assigns, and every of them for ever, shall or may have, hold, and quietly enjoy from the said A. and F. and either of them, and the heirs of the said F. forever, ver, divided, in severalty, and not in jointure, for his full and whole moiety, part, purpart, and portion of all and singular the said messages etc. so by them the said T. B. & T. B. jointly purchased, as is aforesaid and in full recompense & satisfaction thereof, and of every part thereof all and singular the said messages, cottages, lands, and tenements with the appurtenances, and ever; part thereof above by these presents recited, & to be allotted, appointed, or set forth for the moiety, part, purpart and portion of the said T. B. in, and by, the said former partition, clearly acquitted, discharged, and saved harmless, of, and from all manner of bargains, sales, gifts, grants, alienations, leases, mortgages, jointures, dowers, statutes, bonds, recognizances, rents, services, arrearages of rents and services, annuities, intrusions, fines, forfeitures, issues, amerciaments, judgements, condemnations and encumbrances whatsoever, etc. And the like covenants and grants on the other side, with covenants on either party for further assurance etc. ¶ Partition amongst 4. Parceners. THis Indenture Quadripartite made etc. Between H. L. and M. Sect. 506. his wife on the first party, C. H. & K. his wife on the second party, N. H. and A. his wife, late wife of Q. S. deceased on the third party, and T. H. and M. his wife on the fourth party, Witnesseth, that where the manors, lands, tenements and hereditaments late of R. H. as in the right of A. his wife contained and specified in four schedules indented annexed to these Indentures, are descended and come to the said N. now the wife of the said H. L. and K. now the wife of the said C. H. to A. now the wife of the said N. H. and to M. now the wife of the said T. H. as daughters and heirs unto the said A. And whereof there hath been partition severance & allotment severally made amongst themselves by assent of their friends, of all the said manors, lands, tenements and hereditaments betwixt the said H. and M. his wife C. and K. his wife, Q. and A. then his wife, now wife of the said N. and T. and M. his wife according to the laws of this realm, And every of the said husbands and wives have thereby a fourth part of the premises, as was set down in writing. as equally as might be, by them and their friends before the same so severally came to any of the said husbands & their wives by the said partition & allotment, The contents of which writing purporting the several parts, portions, and purparties of the said parties, is contained in four schedules indented hereunto annexed (*) And now the said H. L. and M. his wife, C. H. and K. his wife, N. H. and A. his wife, and T. H. and M. his wife, and every of them for themselves and their heirs, do covenant & grant by these presents, for the better corroboration and confirmation of the said partition made, agreed, and assented to, in such manner & form, as it was to, and with every of tother of the said parties and their heirs, to stand to, and agreed to the same partition and allotment so made, and to permit & suffer the same to stand, remain, and abide in full strength and force forever. And that every of them and their heirs, not all only to hold themselves contented with the said partition, and such part, portion, & purparty, as to them is assigned, or come, or happened in severatie to be holden, by reason of the said partition or allotment, but also that every other of the said parties and their heirs, shall have and hold such part, portion, & purparty, as to them or any of them is assigned, comen, or happened in severalty, to be holden by reason of the same partition or allotment, or whereof they, or any of them the day of the date hereof are seized in severalty, by reason or colour thereof. And further the said etc. ut supra (*) covenanteth and granteth, to and with every other of them severally, their several heirs and executors, that every of the said parties, his wife & heirs, for whom he or any of them covenanteth by these Indentures, shall as far as in them, or any of them lieth or shall lie, or be, and at such time and times as the law will suffer, admit and accept, during three years next ensuing the date hereof, do, cause, knowledge, & suffer to be done, all and every such thing & things, act and acts, be it by fine, recovery, release, confirmation, this deed or any other to be enrolled, or otherwise, as shallbe reasonably advised or devised, for the full and perfect assurance of the said several portions & purparties, to make the said partition perfect & firm, and to endure for ever, according to the due order of the law, & according to th'intent and true meaning of the said parties. And furthermore, the said &c. ut supra (*) severally covenant & grant, to and with every other of them, their several heirs & assigns, that they shall or may have and enjoy their said several portions & purparties of the premises fallen or happen by their said partitions or lot, or in their said schedules hereunto annered contained, from time to time for ever discharged, acquitted, or saved harmless of all former bargains, sales, leases, charges & encumbrances, had, made, done, or suffered by any of them, chargeable, or to be charged hereafter, or intended to be charged or chargeable by this covenant. And that every of the said coparceners, their husbands and heirs, shall permit & suffer the other, their heirs and assigns, to have, take, and enjoy all evidences, deeds, and writings, only concerning such manors, lands, tenements, and hereditaments, as is so allotted to any of the said coparceners in partition, and the true copies of all other evidences and writings concerning their said portions & purparties to them allotted, or any part thereof, and any other lands or tenements, at the costs of the writing of such copies of them that will demand the same, the delivery of such evidences, deeds, writings, and copies to be made within the space of two years next after the demand thereof. Moreover the said etc. that is to wit, every of the said parties severally for themselves and their heirs, executors, and assigns, covenanteth and granteth, to, and with every of tother of the said parties severally, their heirs, executors, and assigns, that every of the said parties, his wife and their heirs, for whom he or any of them covenanteth by these presents, shall permit and suffer peaceably and quietly every one of the other said parties or coparceners, their heirs, executors, & assigns, to have free ingress, egress, and regress, way and passage, into, and from their several portions, parts, and purparties of the premises contained in the said schedules here unto annexed, to the which they cannot come or have passage through their own ground to them, as aforesaid allotted, from the common way, in, by, and through such ground and part of the premises, to any other of the said coparceners allotted or fallen by the said partition, as shall most conveniently serve for the same way and passage, and as may be lest hurtful to them of the said parties, over any part of whose portions, part, or purparty of the premises such passage or way shall be had or made. In witness whereof to the first part of these Indentures towards the said H. L. and M. his wife remaining, the said C. H. and K. his wife, T. H. and A. his wife, and N. H. and M. his wife, have set their seals etc. to the second part of these Indentures etc. In this Schedule indented Quadripartite, is contained and specified the part, portion, and purparty of the manors, lands, tenements, and hereditaments late of R. H. as in the right of A. his wife, which by partition, severance, and allotment did fall, and were allotted to H. L. and M. his wife. Inprimis, the Kitchen and Bolting house etc. Item a Close called water Craft etc. And so of every of the said Coparceners. ¶ A Partition between Coparceners. THis Indenture made etc. Between R. G. of etc. and A. his wife on Sect. 507. the one party, and E. S. and E. his wife on tother party, Witnesseth, that where divers and sundry measuages, lands, tenements, and hereditaments in S. and T. etc. be descended and come to the said A. and E. as to the two daughters and one heir of W. T. their father deceased, since whose death the said A. hath taken to husband the aforesaid R. G. and the said E. and the said E. S. who have held and enjoyed, and yet do hold and enjoy the said messages, lands, tenements, and hereditaments in copercenarie, as in the right of the said A. and E. Now the said parties for divers good causes and considerations them specially moving, have made partition, separation, and division of the premises, and by these presents do make division, partition, and separation of all the said lands, tenements, hereditaments, & other the premises, in manner and form following. First it is rovenanted, granted, concluded, and agreed between the said parties: And the said E. S. and E. his wife, for themselves, their heirs, executors, and administrators, do covenant, grant, conclude, condescend, and agreed, to and with the said R. G. & A. and the heirs of the said A. and his heirs and assigns by these presents, that they the said R. and A. and the heirs of the said A. shall have, occupy, and enjoy for his and their part, purparty, and portion, of all the said messages, lands, tenements, and hereditaments in S. and T. aforesaid, one mesuage etc. And rehearse all the parcels. And also all such other messages etc. whatsoever they be in S. aforesaid, which by any way or means are descended and come unto the said A. and E. from the said W. their father, A like covenant that E. S. and E. shall enjoy the lands in T. with a covenant on either part to make further assurance. And forasmuch as the lands, tenements, and hereditaments in T. aforesaid, set forth and allotted for the part, purparty, and portion of the said E. and her heirs, and into be assured unto the said E. and E. his wife, and to the heirs of the said E. according to the covenants in the Indenture, do a●●unt to a more yearly sum or rent then the said lands, tenements, and hereditaments in S. aforesaid, set forth and allotted ut supra. The said E. and E. his wife, for themselves, their heirs, executors, and administrators, in consideration thereof, doth by these presents covenant to pay to the said R. and A. x. shillings of lawful etc. In witness etc. ¶ A Partition between jointenants. THis Indenture tripartite made etc. Between A. B. and C. A. of the Sect. 508. first party, and B. of the second party, and E. of the third party, Witnesseth, that it is covenanted, granted, and agreed between and amongst the said parties, and every of them for himself, his heirs, executors, and administrators, by these presents doth severally covenant, grant, and agreed, to and with tother, his heirs and executors, in manner and form following. First, that where the parties before this time have jointly bought to them and to their heirs of A. B. the manor of S. etc. for the purchase whereof the said parties have & must pay the sum of etc. Now it is covenanted, granted, and agreed between the said parties, & the true intent & meaning of every of them is, that forasmuch as every of the parties above mentioned doth and must pay the full and whole third part of the said sum of money above mentioned, That if it shall fortune (as God forbidden) any of the said parties above named to die before any partition or severance to be had or made amongst them, shall have, occupy, & receive all rents, profits, and commodities of the said manor and other the premises, in as ample and large manner & form, as he or they should have done, if he or they that shall so die, had lived and been living. Furthermore, it is covenanted, granted, and agreed between & amongst the said parties, that if it be, that one or two of the said parties shall happen to die before partition or severance made of the premises: That then he or they that shall survive, & his or their heirs at all time and times within three years next after the death of him or them that shall so die, shall do and suffer to be done all and every such thing or things, act or acts, for the assurance and sure making of the third part of the said manor of S. with thappurtenances, to the heirs & assigns of every of them, that so shall fortune to die before partition, as shall be reasonably devised or advised by the said heirs of him or them that shall so die, or by his or their learned counsel, be it by fine etc. or otherwise, at the costs & charges in the law of every such person or persons that shall require any such assurance. And so other covenants as is agreed. ¶ Partnership. ¶ Society or joint occupying. THis Indenture etc. Between I T. and E. M. Citizens and Sect. 509. Haberdashers of L. on the one party, and I. B. and R. I of the same City Grocets on the other party, Witnesseth, that whereas at the day of the making hereof, it is accorded, covenanted, etc. between the said parties, & either of the same parties, by himself, & for his own part covenanteth for himself &c. to the other, that they and either of them shall jointly as partners occupy together, as well in buying, as selling of all manner goods, wares, and merchandises, as by factorship, alienation, exchange, and otherwise, aswell beyond the Sea, as on this side, viz. from the day of the making hereof, unto the end and term of five years then next following, and fully to be complete & ended, during which time or term, either of the said parties shallbe just, faithful, and true to the other in buying & selling, and otherwise, as is aforesaid. And all such lucre, profit, and increase, gain, advantage, and winning, as shall come and grow in buying & selling, any goods, wares, or merchandises, & otherwise, during the said term, shallbe equally parted & divided between the said parties, viz. either of them to have his just & true portion or part of the gains aforesaid, and at all times within the said term when it shall please either of the said parties to give admonition or warning to other, than either of them to make other a just & true reckoning and account of the buying and selling of all manner wares, goods, merchandises, and otherwise, as is aforesaid, and of the increase and advantage that shall come and grow of the same. And also it is covenanted and agreed between the said parties, that if either of the said parties at any time within the said term, happen to loose by debts, casualty, or otherwise any part or parcel of the occupying in buying & selling of any goods, wares, and merchandises, or otherwise, in manner and form as is aforesaid, so that it be not by negligence, colour, or feigned pretence, & that immediately proved, that the same loss be borne equally between either of the said parties. And also it is covenanted, concluded, and agreed between the said parties, & either of them for his own part permit●eth, covenanteth, & granteth to the other, that if any of them within the said term, which at this present time are not espoused, happen hereafter to espouse and marry a wife: that then forthwith i● shallbe at the will & pleasure of the other, whether the party so espoused or married shall any longer continued as partner, according to the tenor and form above rehearsed. And also it is agreed, that if either of the parties happen (as God defend) at any time within the said terms to die, than the executors or administrators of the goods and chattels of the party so deceased, shall truly without any covin or guile, make a just and true account, and ready payment and deliverance of all such increase and gains, as then shall be remaining to the living. And moreover it is covenanted and agreed between the said parties, that if either of them be found untrue in his reckoning and account, contrary to the true meaning of this present Indenture, to the value of xx. shillings sterling, than the said party so found defective to forfeit and pay to the other C. li. sterling, without any delay, according to the tener and true meaning of this present Indenture. And to all and singular covenants, promises, conditions, & payments aforesaid, on either part to be truly without covin or fraud observed performed, fulfilled, & kept, in manner & form, as is aforesaid, either party for him, his heirs, executors etc. bindeth himself to the other, in the sum of CCC. li. sterling, well and truly to be paid by these presents. In witness whereof etc. ¶ Covenants of Partnership or society in trade. THis Indenture made &c. between I W. Citizen and Clothworker Sect. 510. of L. of thoue party, and T. B. Citizens & Clothworker of L. on the other party, Witnesseth, that whereas the said I W. and T. B. have occupied together as coparceners & parting fellows, in all manner of buying, battering, and bargaining, selling and doing, of, and with their several stocks, and of, and with divers and sundry other goods, wares, and merchandizes taken upon their credit, and of, and with all their increase and gains that hath risen or grown by reason of their occupying. Except a particular trade of occupying for Steel, which the said I W. hath occupied severally by himself: And also except one other several trade of retailing, which the said T. B. hath severally occupied within the shop of his dwelling house of W. in the City of L. from the first day of I. which was in the six year etc. unto the first day of I. now last passed. And whereas also the said I. W. & T. are now contented, condescended, & agreed to occupy together as coparceners & parting fellows, in all the trades and occupying aforesaid, of, and with all manner of merchandises (except the said trade of occupying Steel) from the day of the date of these presents, until the feast of the birth of our Lord God, which shallbe in the year of etc. Whereupon it is covenanted &c. in manner and form following, that is to say: That he the said I W. & his servants, have and hath from time to time since the beginning of this copartnership, truly & honestly used, employed, & occupied all manner of such trades, doings, & occupying, as from time to time have or hath come to their hands, usages, or doings, to the most profit & advantage of this joint occupying, that he or they could devise without any manner of fraud or covin, and in such good, true, honest using, occupying, and employing of all manner of trades & doings concerning this coparcenership, shall from time to time continued, until the said feast of etc. And that the said I W. & his servants, shall from time to time during the said term, at, & upon the lawful & reasonable request of the said T. B. his executors & assigns, or servants, make & declare, or cause to be made & declared unto the said T. B. his executors, & assigns or servants, a true, just, & perfect account & reckoning in writing, of all the whole occupyings, buy, sellings, bargayning, and doings, which the said I. W. or his servants have, or hereafter before the time of the said request, shall have occupied, bought, sold, bargained, borrowed or exchanged, concerning this joint occupying: By which account aswell the names, surnames, sum, & sums of money, & quality and qualities of wares and merchandises, so by him or them bought, sold, bartered, borrowed, or exchanged, concerning this joint occupying, as the true, ●ust, & perfect estate of their joint occupying, may plainly, truly, & evidently appear to the said T. B. his executors & assigns or servants. And further that all manner of clear increase & gains that shall rise, come & grow, by reason of this joint occupying, shall be from time to time divided between the said parties, part and portion like. And further, that he the said I W. his etc. shall for his part, pay and bear all his own proper costs & charges, of house keeping, house rent, apparel, subsidies & fifteens, & that towards all the same, he the said I W. his executors, administrators, or assigns, shall not in any one year take or spend out of their joint occupying, above the sum of 150. l. at the most. And further, that he the said I W. his etc. shall from time to time pay & be are the moiety of all such losses as shall happen by misfortune of the Sea, evil debtors, or otherwise touching or concerning the joint occupying. And further that the said I W. hath not heretofore done, or suffered to be done, nor shall at any time hereafter during this coparcenership, do or suffer to be done any manner of act, fact, deed or thing, which is, shall, or may be any manner of damage, hurt, or loss to the stock of the said T. B. or to their joint occupying, or whereby the joint occupying shall or may decrease, or be diminished, without the consent & agreement of the said T. B. his etc. first obtained in writing. And further, if the said T. B. happen to die or departed out of this mortal world before the said feast of the birth of our lord God, which shallbe &c. that he that said I W. or his assigns, within one month next after lawful request to him or the to be made by the executors, administrators, or assigns of the said T. B. shall not only make & declare to the same executors, administrators etc. a true, just, and perfect, account, and reckoning in writing, of all the estate of this joint occupying and coparcenership, whereby the names and surnames of all and every debtors and creditors, and the quantity of goods, wares, money, & merchandise, then being or belonging to this joint occupying or coparcenership, shall and may plainly, truly, and evidently appear to the same executors, administrators, or assigns, but also make a true & perfect delivery & assignment to the said executors, administrators, or assigns of the said T. B. of the moiety, one half part of all such goods, wares, money, merchandise, & debts, as upon the said account shall appear to be remaining or belonging to the said coparcenership, over and beside such debts, as the said coparceners shall then own, or be indebted in, by reason of their joint occupying, in as large and ample manner, as if the coparcenership had been ended, and the said T. B. remaining alive. And that the assignment of such debts as shall be allotted to the said executors or administrators of the said T. B. shall be made, conveyed, & assured to the same executors or administrators of the same T. B. in such manner & form, & by such reasonable conveyance, as by the learned counsel of the same executors or administrators of the same T. B. shallbe devised or advised. And further, that if the said T. B. doth live until the said feast of the birth of our Lord God, which shallbe &c. that then the said I. W. and his servants then being, within one month after lawful request to him or them made by the said T. B. shall make & declare such like, true, and perfect account, reckoning, and things, & to all intents and purposes, to the said T. B. or his assigns, as is above limited or mentioned, to be made or assigned to the executors or administrators of the said T. B. if he should happen to die, as is aforesaid. And likewise the said T. B. for himself &c. that he the said T. B. and his servants, have & hath from time to time, sithence the beginning. of this coparcenership, truly, & honestly used, occupied & employed, all manner of such trades & doings &c. ut supra an the part of I. W. In witness etc. Exchange. ¶ A grant of Exchange. THis Indenture tripartite made etc. Between the right Honourable Sect. 511. Sir W. W. knight, Lord W. of the one party, & W. S. Esq. on the second party, and R. G. of M. in the County of E. on the third party, Witnesseth, that the said Sir W. W. and W. S. have given, granted, & by these presents do give and grant unto the said R. G. iil. acres & a half an acr●, & also one rod or perch of land, parcel of their manor of D. H. and C. in M. aforesaid, in one field called &c. between etc. To have and to hold the said three acres & a half, & the said perch of land to the said R. G. his heirs & assigns for evermore in exchange, for two pieces of land of the said R. G. containing like quantity of land, lying in etc. aforesaid, in the said M. whereof one piece lieth between etc. And the said R. G. hath given and granted, and by these presents doth give & grant unto the said L. W. and W. S. the said two pieces of land, To have & to hold the one moiety of the said two pieces of land to the said L. W. his heirs & assigns for evermore: And to have & to hold the other moiety of the said two. pieces of land to the said W. S. his heirs & assigns for evermore in exchange, of, and for the said three acres & an half acre, & a rod or perch of land. Provided always, and every of the said parties for them, their heirs & assigns do grant and agreed by these presents, that if it fortune any of the lands before rehearsed to be evicted or taken away, out of the possession of any of the said parties, their heirs or assigns, by any person or persons, by any former right or title, so that the exchange cannot continued, or if the heirs or assigns of the said L. W. & W. S. or the wife of the said W. S. or any of them do disagree to the foresaid exchange, by entry into the premises, or into any part thereof, or by any other means: That then and from thenceforth the said gift & grant in exchange, & of every of the parties of the premises shall be utterly voided, & of none effect. And that than it shall be lawful to every of the said parties, their heirs and assigns, after such eviction or disagreement had, to re-enter into every of their said former lands, & the same to have again & enjoy in their former estate: This Indenture in any manner of wise notwithstanding. In witness whereof to the one part etc. ¶ Granges in Exchange. THis Indenture made etc. Between the right Ho. T. S. etc. of the Sect. 512. one party, & R. H. of S. in the County of C. of tother party, Witnesseth, that it is covenanted, granted, concluded, & by these presents agreed between the said T. S. etc. & R. H. in manner & form following, that is to say: The said T. S. hath given, granted & confirmed, & by these presents doth fully & clearly give, grant & confirm to the said R. H. & to his heirs & assigns for ever in exchange, for certain lands, possessions, & hereditaments, late parcel of the lands and possessions of I. L. attainted and convicted of high Treason, with all such avoidances, presentations, nominations, free disposition, and right of patronage of the Parish Church of S. aforesaid. And also all and singular his messages, mills, tofts, cottages, lands, tenements, meadows, moors, closes, pastures, commons, wastes, heaths, hedges, woods, underwoods', rents, reversions, services, & all other hereditaments, liberties, perquisites, commodities, profits, & appurtenances, had, knowledged, accepted, reputed, or used, as part, parcel, or member of the same manor of S. or in any manner of wise belonging or appertaining to the same manor: All which said manor, lands, tenements and hereditaments, and other the premises, the said T. S. lately had to him and to his heirs, of the gift and grant of Sir R. A. knight deceased, and of D. C. gentleman, had and purchased to them & their heirs for ever, of the late king of famous memory king H. viii. as by certain letters Patents thereof made to the said Sir R. A. and D. C. and to their heirs, bearing date etc. in the xxx. year etc. more at large shall and may appear. To have and to hold the said Lordship, manor, messages, mills, toftes, cottages, lands, tenements, meadows, closes, pastures, commons, heaths, moeres, marshes, woods, underwoods', rents, etc. and all other the premises with their appurtenantes in exchange, as is aforesaid, to the said R. H. his heirs and assigns, to the only use and behoof of the said R. H. his heirs and assigns for ever. All which said manor, messages, lands, tenements, and other the premises, the said T. S. for him, his heirs and executors, covenanteth and granteth by these presents, to and with the said R. H. his heirs, executors, and administrators, to be of the clear yearly value of x. pound, over and above all charges and reprises, and so shall or may continued without fraud or covin. And also the said. T. S. for him, his heirs etc. to and with the said R. H. and his heirs, that the said manors, lands, tenements, and all other the premises, and every parcel thereof, now be clearly exonerated and discharged of all and every former bargains, sales, wills, statutes of the Staple, statute Merchants, Recognizances, and of all other charges whatsoever they be, in any wise had or made by the said T. S. or by any of them, or by any other person or persons for them, in their right, or by the procurement of any of their lessees for term of years, whereupon the old and accustomed rents or more been reserved, and the rents and services from thenceforth due to the chief Lord and Lords of the fee or fees thereof only excepted. And also the said T. S. hath clearly given and granted, and by these presents doth give and grant to the said R. H. and to his heirs, all & singular evidences, deeds, charters, writings, and muniments, concerning only the premises, or any parcel thereof, as now be in the hands & possession or custody of the said T. S. or to any other to his use, or by his delivery. All and singular which said evidences, deeds, charters, writings and muniments, the said T. S. for him, his heirs and executors, covenanteth and granteth by these presents, to and with the said R. H. his heirs, executors, & administrators, to deliver or cause to be delivered to the said R. H. his heirs, executors, or assigns, within the space of one year next ensuing the date hereof. In consideration of all and singular the said exchange, covenants, grants, and agreements before in these presents recited and specified on the part and behalf of the said T. S. to be well and truly executed, performed, observed and kept, the said R. H. hath likewise, given, granted and confirmed, and by these presents doth give, grant, & confirm to the said T. S. and to his heirs and assigns for ever in exchange, for the said manor of S. with thappurtenances, and all and singular the premises before specified, all that his pastute and close called S. with thappurtenances being divided into three parts, and lying etc. And also those his three wears upon Thames now cast down, lying between I. and S. together with the waterbankes, and several piscaries with their appurtenances, commodities and profits. To have and to hold the said close and pasture with the appurtenances, wears, waters, banks, and several piscaries with the appurtenances to the said T. S. his heirs and assigns, to the only use and behoof of the said T. S. his heirs and assigns for ever. All which premises last recited and given by the said R. H. to the said T. S. in exchange, as is aforesaid: The said R. H. for him, his heirs and executors, covenanteth and granteth by these presents, to and with the said T. S. his heirs, executors, and administrators, to be of the clear yearly value of ten pound, over and above all charges and reprises, and so shall or may continued without fraud or covin. And the said R. H. for him, his heirs, and executors covenanteth and granteth by these presents, that all and singular the close and pasture, wears, waterbankes, and several piscaries, and every parcel thereof, now be clearly eronerated and discharged of all and every former bargains, sales, wills, Statutes of the Staple, Statutes Merchant, Recognizances, and of all other charges whatsoever they be, in any wise had or made by the said R. H. or any other his ancestors, or by any such person or persons of whom the said R. H. had or purchased the same leases for term of years, whereup on the old and accustomed rents or more be reserved, and the rents and services from thenceforth due to the chief Lord or Lords of the fee and fees thereof only excepted. And also the said R. H. hath clearly given and granted, & by these presents doth give and grant to the said T. S. and to his heirs, all & singular evidences, charters, deeds, writings and muniments, concerning only the said close and pastures, wares, waterbankes, and several piscaries, or any parcel thereof, as now be in the hands and possession or custody of the said R. H. or any other to his use, or by his delivery. All and singular which said evidences, charters, deeds, writings, and muniments, the said R. H. for him, his heirs & executors covenanteth and granteth by these presents, to and with the said T. S. his heirs, executors and administrators, to deliver, or cause to be delivered to the said T. S. his heirs or assigns, within the space of xii. years next ensuing thensealing of these presents. And furthermore the said T. S. for him, his etc. to and with the said R. H. his heirs and executors, that forasmuch as the said close and pasture, wears, and other the premises before mentioned in these presents, and given in exchange by the same R. D. do exceed the yearly value of the said manors, lands, tenements, and other the premises given in exchange to the said R. H. and his heirs, by the said T. S: That therefore for the equality of the said exchange, the said T. S. his heirs, executors, or assigns, shall content and pay, or cause to be contented and paid to the said R. H. his heirs etc. In witness etc. ¶ An Exchange. SCiant presents & futuri, quod ego W. A. armig', dedi, concessi, & Sect. 513. hac presenti charta mea indentata confirmavi I S. Militi, duas partes manerij mei de O. in Com̄ N. cum omnibus nativis meis & eorum sequela, tam procreat' quam procreand', una cum oimbus terris, tenntis, reditibus, seruitijs, libertat, ac duobus molend', unde unum ventriticum & aliud aquaticum cum sect' multur, tam liberor quam nativorun, cum pratis, pastur', vijs, semitis, ripar, aquis, piscar, stagn, vivarijs, turbarijs, guard ', curtilag', homag', ward ', maritag', communijs, boscis, subboscis, warrenn, moris, marisc', relevijs, eschaet, cur', & sect' cur', cum vis, francipleg', cum oimbus alijs suis iuribus pertin', consuetud', libertat, & commoditat quibuscunque eidem manner spectant: Dedi etiam & concessi eidem I S. advocationem Ecclesiae de G. prae d' manerio spectant, necnon reversionem tertie partis predict' manner, quam A. matter mea tenet nomine dotis suae cum acciderit post decesium eiusdem A. Habend' & tenend' pndictas duas parts manner praed', cum omnibus nativis meis etc. ut supra, cum aduocatione Ecclesiae praed', ac reversionem tertiae partis manner predict' cum acciderit praef I S. & haered' & assign' suis inperpetuum in excambio pro manerio suo de H. in Com̄ N. quod ego habeo ex dono & feoffamento praed' I. S. per excambium praed', de capitalibus dominis feodi illius, per seruitia inde debit', & de iure cōsuet̄, sub forma & conditione sequent, viz. Quod si praedict' manner de H. cum suis pertin', vel aliqua inde parcell' imposterum de me, vel haered' meis, aut de meis assign' justo titulo ex antiquo tempore mot̄ vel mouend' per legis process. & judicium in cur' dict' Reg. redd' siue reddend' recuper, aut per statutum Stapul', vel Mercator, recognic', vel concession, ante hoc temp' per possessores dicti manner de H. fact' siue cognit, seu aliquo modo oneretur sive extendetur, extunc bene liceat mihi pfato W. hered' & assign' meis in manner de O. cum oimbus nat●uis etc. una cum aduocac' & recuperation pnd' reintrare & ea rehabere & retinere, ut in statu suo pristino, hac praesenti charta mea indentat & seisin inde deliberat̄ ullo modo non obstante. Et ego vero praed' W. & haered' mei praed' manner de O. cum omnibus nativis etc. una cum aduocac' etc. ac reuerc' tertiae partis cum acciderit praef. I. hered' & assignat' suis in forma praed' contra omnes homines warrant' & imperpetuum defendemus per praesentes. In cuius rei etc. ¶ An Exchange. THis Indenture made etc. Between Sir E. A. and Dame M. his Sect. 514. wife on the one party, and I. N. of etc. & W. his wife of the other party, Witnesseth, that where the said Sir E. A. & M. stand seized of, and in the manor of M. and of one capital mesuage called E. and the scite and demean of the late dissolved Monastery of E. in the county of W. and of divers messages, lands, tenements, & hereditaments in E. S. A. and B. in the said county of W. And where also the said I. N. is and standeth seized, of, and in the manors of H. and M. and of divers other messages, lands, tenements, and hereditaments in H. in the said county of M. which manor, lands, etc. in the said county of W. the said sir E. A. and I N. are agreed shall be assured & conveyed, part thereof to the said I. N. and W. & to theirs of the said I N. and another part thereof to the said I. N. and his heirs, in manner & form and upon condition hereafter in these present Indentures mentioned. And that likewise the said manors of H. & M. and other the lands & tenements above mentioned in H. in the county of M. (except hereafter excepted) shallbe assured and conveyed to the said sir E. and M. in manner and form, & upon condition hereafter in these Indentures expressed. (a) And therefore now in the accomplishment of the said agreement, & in consideration of the sum of etc. to the said sir E. by the said I. N. paid, the said sir E. A. & M. have given, granted, bargained & sold, & by these present Indentures doth give, grant, bargain, & cell to the said I. N & W. & to the heirs of the said I. all those two closes lying near to G. in the said county of W. aforesaid, now or late in the tenure & occupation of E. S. gentleman, & all those closes or grounds parcel of the demeans of the said late dissolved Monastery, known by the name or names of etc. being part of the demeans belonging to the said late dissolved Monastery of E. with thappurtenances, To have and to hold the said closes, messages, lands, tenements, & hereditaments and other the premises in the said county of W. last before mentioned to the said I. N. & W. & to the heirs & assigns of the said I. for ever, to the use of the said I N. & W. and to the heirs & assigns of the said I N. for ever. (b) And also the said sir E. A. and M. for the consideration aforesaid, have given & granted, bargained and sold, and by these presents do give, grant, bargain & cell to the said I. N. all that the manor of M. with thappurtenances in the said county of W. and the said capital mesuage called E. & the said demeans of the said late dissolved Monastery of E. in the said county of W. and all & singular their & either of their messages, lands, farms, tenements, rents, reversions, services, and hereditaments with thappurtenances in E. in the said county of W. now or late in the tenure and occupation of R. G. and of I. B. or of either of them: And all those closes, lands, woods, & grounds, meadows, & pastures whatsoever, late of I. G. and F. or either of them aforesaid, called or known by the name or names of etc. and also all other their and either of their messages, cottages, mills, dovehouses, lands, tenements, meadows, pastures, fe●dings, woods, underwoods', commons, waste grounds, moors, he at ●●, sheep walks, waters, pools, fishings, rents, reversions, & all their courts, leets, profits, & perquisites of courts & leetes, waives, estraies, liberties, privileges, jurisdictions, prerogatives, profits, commodities, emoluments, & hereditaments whatsoever, with all & singular their app●●tenances in the parish of E. etc. & all their estate, right, title, interest, claim, property, & demand whatsoever, of, in, to, or out of the said manors & premises with etc. in the said county of W. or of, in, to, or out of any part or parcel thereof. And all the deeds, evidences, charters, & writings, touching or concerning only the said manor of M. & other the foresaid premises before in these presents mentioned in the said county of W. or only any part or parcel thereof. To have and to hold the said manor, scite, lands, tenements, hereditaments, & all other the premises in the said county of W. before, in, or by these presents given, granted, bargained & sold, or mentioned to be given, granted, bargained & sold to the said I. N. with all and singular their appurtenances to the said I. N. his heirs & assigns to the use of the said I N. for ever. And the said I N. in consideration hereof, & for the sum of etc. ut supra (a. b.) ex part I N. Mut at is mutandis. And also his Swan mark, & all his swans, being or using in & upon the river of T. & C. or in any other place within the counties of M. H. & B. or any of them, & all his estate, right, title, interest, claim, property, & demand whatsoever, of, in, to, or out of the said manors & premises in the said county of M. or of, in, or to any part or parcel thereof, together with all & singular the deeds, evidences, charters, writings, escripts, & muniments, touching & concerning only the premises in the said county of M. or any part or parcel thereof, (except & always reserved unto the said I. N. his heirs etc. all that capital mesuage called B. situate, lying & being in etc. together with all & singular the barns, stables, dovehouses, yards, curtilages, motes, waters, ponds, fishings, or chardes, gardens, & all other easements, commons, & commodities thereuntobelonging. And also except & reserved to the said I. N. his heirs & assigns one great field called the B. field two closes, the one called etc. To have and to hold the said manors etc. and all and singular other the premises with etc. (except before excepted) unto the said sir E. A. & M. and to the heirs & assigns of the said sir E. A. for ever. (c) Provided always, & it is etc. between the said parties, & each of them for them & their heirs do covenant & grant, to & with thothers & their heirs by these presents, that if any the said manors etc. by these present mentioned to be given etc. to the said sir E. A. & M. or either of them, shallbe at any time or times hereafter evicted, recovered, detained, or taken away from the said sir E. & M. or either of them, or the heirs etc. by reason of any former title, cause, or right whatsoever, having being or beginning before the date of etc. other then by reason or virtue of such rights, titles, causes & matters as be hereafter excepted, that then & from thenceforth, & so often it shall & may be lawful, to & for the said sir E. A. & M. & their etc. into so much & so many acres of etc. parcel of the etc. mentioned to be granted, bargained, & sold to the said I. N. as there shallbe acres etc. so evicted, recovered &c. into so much & so many acres of etc. being parcel of the lands etc., of the said I N. evicted, recovered etc. to re-enter and to have, take, & retain the same, & the issues & profits thereof to have & receive to their own proper use, for, & until such time as every of them may lawfully enter into the mesuage, lands, woods, meadows, pastures, & hereditaments so evicted & taken away, & occupy, use, and enjoy the same, according to the true intent & meaning in these present Indentures contained. (d) And that then & from thenceforth all and every person & persons which shall stand seized of the said lands, tenements, meadows, pastures, woods, and hereditaments so to be re-entered into, shall stand & be seized thereof, and of every part and parcel thereof, to the use of the said sir E. A. and M. and of the heirs & assigns of the said sir E. to, for, & according to the purposes & intents last above mentioned. Nevertheless, it is covenanted &c. for them and every of them, their heirs and assigns, that neither the said sir E. A. nor M. nor the heirs or assigns of any of them, shall enter into the said capital mesuage called E. nor into any the gardens nor orchards belonging to the same, nor into any the meadows or pastures lying within the eddering wherein the said capital mesuage standeth & compassed about with the Lanes, unless all the residue of the lands etc. before mentioned to be bargained & sold to the said I. N. be not sufficient in value for such lands etc. as be granted, bargained or sold by the said I. N. as aforesaid, & shallbe evicted or taken away, as aforesaid. Provided also, and is is further covenanted, granted, condescended and agreed, by and between the said parties to these presents, & each of them for them & their heirs do covenant and grant, to and with the others & their heirs by these presents, that if any the said lands, tenements etc. ut supra (c. d.) exparte E. A. And the said sir E. A. for him and his heirs doth covenant and grant, to & with the said I. N. his heirs & assigns by these presents, that he the said sir E. A. & his heirs, shall & will from time to time, & at all times hereafter acquit, exonerate & discharge, or sufficiently save or keep harmless aswell the said I. N. his heirs & assigns, and every of them, as also the said manor of M. and the lands, tenements, & hereditaments above mentioned to be bargained and sold to the said I. N. of, and from all, & all manner of former bargains etc. ut supra whatsoever, had, made, or done, the rents and services from thenceforth to be due to the chief Lord or Lords of the fee or fees thereof, And one bargain and sale of divers woods, underwoodes, and standards, growing and being in one park or parcel of ground called the new P. and in and upon one grove called etc. being parcel of etc. excepted and foreprised. And further the said E. A. for him and his heirs doth covenant etc. to & with the said I. N. his heirs & assigns by these presents that they the said E. & M. the heirs & assigns of the said E. & all & every other person & persons and their heirs now having or claiming or which at any time hereafter shall or may have or lawfully claim to have any manner of estate or interest of freehold or inheritance of, in, & to the said manor, scite, demesne land, tenements & hereditaments above mentioned to be bargained and sold to the said I. N. shall and will from time to time, and at alaud every time and times hereafter during the space of five years now next ensuing, upon reasonable request therefore to be made, and at the costs and charges in the Law of the said I N. his heirs and assigns do, make, knowledge, execute, and suffer, or cause to be done, knowledged and executed all and every such reasonable act and acts, thing & things, devise and devices whatsoever, for the further, better, more perfect and absolute assurance, surety, sure making and conveying of the said manor, scite, demesne lands, tenements and hereditaments, and all and singular other the premises above mentioned to be bargained and sold to the said I. N. to be had and made sure to the said I. N. his heirs and assigns according to the true intent and meaning of these presents, be it by deed or deeds enrolled or not enrolled, the enrolment of these presents, fine, feoffment, recovery with voucher or vouchers over, release, confirmation, or otherwise as by the said I N. his heirs or assigns or by his, or their Council learned in the law, shall be reasonably devised or advised, so that the said E. A. and M. or the heirs of the said E. be not compelled to travel forth of the city of L. or county of M. in or about the doing or knowledging of any the act or acts, thing or things aforesaid. And further that the said E. A. his etc. shall and will before the feast of etc. upon reasonable request therefore to be made, deliver or cause to be delivered whole and uncancelled unto the said I N. his heirs or assigns all such deeds, evidences, charters, writings, & muniments which the said E. or any other to his use, or by his delivery hath or have touching or concerning the said Manor of M. scite, lands tenements & hereditaments above mentioned to be batgained & sold to the said I. N. or any part or parcel thereof. And the said I N. for him & his heirs doth covenant & grant to and with the said E. A. his heirs and assigns by these presents, that he the said I N. and his heirs shall and will from time to time, and at all and every time and times hereafter acquit, eronerate and discharge or sufficiently save and keep harmless aswell the said E. A. and M. and the heirs and assigns of the said E. and every of them, as also the said Manor, messages, lands, tenements and hereditaments, and all & singular other the premises above mentioned to be bargained & sold to the said E. and M. & every part & parcel thereof, of & from all and all manner of former bargains, as in covenants to save harmless, the rents & services from henceforth to be due to the chief Lord or Lords of the fee or fees thereof, & all copiholdes, customary estates, rights and titles by copy justly claimed by any person or persons by Copy, according to the customs of the said manors of H. and M. or either of them, excepted and foreprised, and except also one lease made to A. B. of etc. for the rents of 50. l. whereof there is not above nineteen. years to come, & also except one lease made to T. B. of S. for the rent of xiii. l. being not above nineteen. years to come. And also etc. And moreover the said I. N. for him and his heirs doth covenant & grant to and with the said E. A. his heirs and assigns by these presents in manner & form following, that is to say, that he the said I N. and W. now his wife & their heirs, and all & every other person and persons and their heirs now having, ut supra for further assurance. In witness etc. ¶ An Exchange of lands for years. THis Indenture of exchange made &c. between H. B. of C. etc. & R Sect. 515. M. of etc. on the other party, Witnesseth, that the said H. B. hath demised, granted, and to farm let, and by these presents doth etc. unto the said R. M. all these parcels of land hereafter recited, lying in O. aforesaid, that is to say, etc. To have & to hold the said one acre and three roods of land etc. with th'appurtenances unto the said R. M. etc. in exchange for certain other lands hereafter in these presents mentioned from the feast of etc. unto the end and term of xx. years from thence next following and fully etc. without impeachment of any manner of waist or destruction to be committed or done by the said R. M. his heirs etc. without any thing yielding or paying unto the said H. B. etc. during the said term of etc. In consideration whereof the said R. M. hath demised, granted, etc. and by these presents etc. unto the said H. B. all those parcels of ground hereafter recited lying in C. aforesaid, viz. (naming the lands certainly) etc. To have & to hold etc. with thappurtenances unto the said H. B. etc. in exchange for the said land first above expressed from the said feast of etc. unto the end of the said term of xx. years from thence etc. without impeachment of any manner of waist or destruction to be committed or done by the said H. B. etc. without any thing yielding and paying therefore unto the said R. M. etc. during etc. And the said H. B. doth covenant & grant etc. that the same R. M. etc. shall have, occupy, & enjoy all the said lands, and premises above let by the said H. B. unto the said R. by this Indenture of exchange by, and during all the said term of etc. in manner and form above recited, without let or interruption of the said H. B. his heirs, executors etc. And the said R. M. covenanteth etc. that the same H. B. etc. shall have, hold, occupy, and enjoy all the said lands and premises above let by the said R. M. unto the said H. by this Indenture of exchange, by, and during all the etc. in manner & form above recited, without any let or interruption of the said R. M. etc. And for the performance of all covenants, grants, promises, and agreements on the part of the said H. B. etc. above rehearsed in this Indenture, well and truly to be observed, performed, fulfilled, and kept, according to the purport and effect of these Indentures the same H. B. bindeth himself &c. unto the said R. W. his heirs etc. in the sum of x. l. of lawful etc. And for the performance of all covenants ut supra on the part of the said R. M. etc. above rehearsed in this Indenture well and truly etc. ut supra, according to the purport etc. of this Indenture the said &c. bindeth himself &c. unto the said H. B. and in the sum of etc. of good etc. In witness etc. Note that in exchange, it is convenient that the states of both parties be equal. And that for the perfecting thereof either party actually re-enter into the lands to him thereby granted. Letters of Attorney. ¶ What and how necessary Atturneiss be. HItherto have we, in some sort, entreated of such acts & instruments Sect. 516. as are made and done by the parties themselves, being personally present: now we intent to set down such Instruments, as give authority to other as their factors or Attorneys, to do the like for them. And that the rather, for that mention is made before, that Livery of feisin may be made by Proctors or Atturneiss, authorized thereunto by written Warrants. And even as Livery of seisin, so may many other acts and Instruments in civil causes be performed by Atturneiss which seemeth very reasonable, for that that many times the parties themselves, are so hindered either by infirmity, or by such multiplicity of business & affairs in sundry places at one time, that they cannot possibly be present at all: wherefore Atturneiss be very necessary & profitable for human society: which be defined such persons as by the consent, commandment or requests of the parties do take heed, see too, & take upon them the charge to do other men's business & affairs in their absence, according to the authority and trust to them committed by the owners thereof. In Instruments making & ordaining of Atturneiss, which be sometimes called letters of Attorney, sometimes Warrants of Attorney, sometimes Proxies or Procurations, seem necessarily to be considered six things, viz. First the name of the party which is to make the Instrument, & of him which is to be made Attorney. 2. The Atturneiss consent to the same. 3. Against whom. 4. In what matter or cause. 5. Before what judge or other person. 6. For what act or end, All which things will plainly appear in the ensamples following: ¶ A letter of attorney to receive money. THis bill made etc. Witnesseth, that I I. H. of Lincoln's Inn etc. Sect. 517. have constituted & made I H. my servant, my lawful Attorney to receive for me and to my use, all such sums of money as shallbe due unto me by one L. R. of H. in the etc. be it by matter of Record or otherwise, and also giving him further authority in my name after the payments of the said sums, to make a good & perfect acquittance or acquitances. And I the said I H. do grant by these presents, to allow, stand to, & to justify all such act & acts, thing & things, touching and concerning the receipt and making acquitances aforesaid, as my lawful Attorney shall do, as is aforesaid. In witness whereof I have hereunto put my hand and Seal. ¶ A letter of attorney by a Mayor and Commonalty, for the gathering of their rent and debts. noverint universi per praesentes nos Maiorem & Communitatem Sect. 518. Burgi de D. in comitatu Eborun, pro nobis et successoribus nostris fecisse, ordinasse, constituisse, & in loco nostro posuisse dilectos nobis in Christo W. S. & F. M. de eadem in eodem Com̄ nostros veros & legitimos Atturnatos coniunctim & divisim, ad petend' et exigend', leuand', recuperand', & recipiend' vicibus & nominibus nostris, & pro nobis & ad usum nostrum de tempore in tempus, omnes & singulas pecuniarum summas, debit', arrerag' & redd' quoscunque nobis debit' quacunque de causa per aliquam sive aliquas personas infia Regnum Angliae, tam modo nobis debit' & are●o existent' quam imposter̄ fuer' debit'. Et insuper concedimus pro nobis & 〈…〉 nostr' coniunct' & divisim, plen & integram potestat & authoritat ad arrestandum, ꝓsequend', implacitand', & condemnari faciend', ac executionem debit' obtinend' pro nobis & successoribus nostris. Ac districtionem & districtiones pro redditibus & arreragijs reddend' nobis debitis de tempore in tempus, capiend', imparcand', ac recuperand', ac omnia praed debit' & arrerag' t●cipiend, ad usum nostrum & successorum nostror. Et debit' acquietanc' pro summis sic recuperat & recept faciend', & nominibus nostris deliberand', ac ea oia & singula agere, facere & perimplere quae circa praemif. necessary fuerint & oport, adeo plenar & integre prout nosmetipsi possimus sive deberemus in praemissis facere. Ratum & gratum hobens & habitur totum & quicquid dicti Atturnati nostri fecerint, seu eor alt̄ fecerit in pmmissis virtu●e presentium. In cuius rei testimon̄ huic pnsenti scripto nostro sigillum nostrum commune apposuimus Dat' die etc. anno etc. ¶ A Letter of Attorney to oversee lands, receive rents, and enter for nonpayment thereof. BE it known to all men by these presents, That I. G. of B. in the Sect. 519. County of S. yeoman, have made, constituted, ordained, and put in my place, my right well-beloved in God R. M. gentleman, my true and lawful Attorney in this behalf, to oversee, rule and govern for me and in my name, all my lands and tenements, aswell freehold as copyhold, set and lying in the town and parish of C. in the County of ●. And also to receive for me and in my name all the rents, issues, commodities and profits coming and growing of the same lands and every parcel thereof. And the farmers of the same lands, for nonpayment to expel, put out and amove, and them to let to farm to other at his own pleasure and discretion, giving and granting unto my said Attorney my full power and authority by the tenor of these presents, to do and execute all and singular the premises, as fully, wholly and surely, as I. the said I. S. might or should do if this my present writing had not been made etc. In witness etc. ¶ A Letter of attorney for special debt. Unto all Christian people to whom this present writing shall come Sect. 520. R. S. of etc. sendeth greeting, Know you me the said R. S. to have constituted, & in my place set my well-beloved in Christ A. D. my true and lawful deputy & Attorney to as●e, demand, levy, recover, & receive for me & in my name, and to my use of C. W. of etc. the sum of etc. of lawful English money which the said C. W. oweth unto me, & wherein he standeth bound unto me by his bill obligatory, Giving, & by these presents granting to my said. Attorney my whole power & authority in the premises if need shall require to sue & pursue the said C. W. his executors etc. for me and in my name in any Court spiritual or temporal, before any judge or justices, or to use any other lawful ways or means for the recovery of the said etc. And also to compound, seal & deliver Letters of acquittance or any other lawful discharge for me & in my name. And moreover to ordain & set Attorney or Attorneys, one or more under him, & at his pleasure again to revoke & countermand the same, And to do, execute, perform & finish for me & in my name all & singular things which shall be expedient & necessary concerning the premises as thoroughly and wholly as I the said R. S. might or could do in or about the same. And whatsoever my said Attorney shall do or cause to be done in the premises, I promise' to allow, confirm, perform & establish, & thereto I bind me my heirs & executors by these presents. In witness etc. ¶ A Letter of attorney to recover and retain a debt. BE it known etc. That whereas W. P. etc. is bounden unto I R. Sect. 521. by one Obligation or writing obligatory bearing date the etc. in the sum of 300. pounds, to be paid to the said I. R. his executors or administrators or some of them, with condition thereupon endorsed, as thereby appeareth, That now the said I. R. for and in consideration of a certain sum of money to him the said I R. by R. S. before hand paid, hath bargained and said, and by these presents doth bargain and fell unto the said R. S. his executors, administrators & assigns, the said obligation or writing obligatory of 300. pounds aforesaid. And also doth by these presents make, constitute, and in his place put the said R. S. his true and lawful Attorney in his name and place, to ask, demand, levy, recover and receive of the said W. P. his heirs, executors, and administrators, and every of them the said 300. pounds, in the said writing obligatory mentioned and expressed. And also doth by these presents give and grant unto the said R. S. his executors, and administrators, and evory of them, full and whole power and authority in the name of him the said I R. to sue, arrest, imprison, & condemn, and cause to be sued, arrested, imprisoned, and condemned the said W. P. his heirs, executors, & administrators upon the same writing obligatory of 300. li. And also to procure judgement and execution to be had and made against the said W. P. his heirs, executors, and administrators for the same 300. li. And also for, and in the name of him the said I R. to release and acquit the said W. P. his heirs, executors, and administrators, and every or any of them for the same 300. pounds. And release or releases, acquittance or acquitances to make, seal, and deliver unto them, & every or any of them of the same sum of 300. li. and of every or any part thereof. And one Attorney or me for the doing of the premises to make, & the same at his pleasure to ●●u●ke, and new in their place to substitute, and to do, perform, execute all and singular things which shall be expodient or necessary ●●●e●ning the premises so fully, as he the said I R. might or could do the same being personally present at the doing thereof. And further the said I. R. doth by these presents give & grant unto the said R. S. his executors and administrators, good & lawful authority to receive, retain, and keep to his and their own proper use and behoof the said sum of 300. pounds in the said Obligation mention●●, without any account to be rendered to him the said I. his executors, or administrators for the same, or any part thereof. And the said I R. for himself, his executors and administrators, and every of them doth by these presents covenant, grant, promise, and agreed, to, and with the said R. S. his executors and administrators, and every of them, that he the said I R. his executors and administrators, & every of them, shall and will iustiune, allow, ratify, and perform all and whatsoever he the said R. S. his heirs, executors, and administrators, shall lawfully do, or cause to be done, in, or about the premises. And that neither he the said I R. his heirs, executors, nor administrators, nor any of them will revoke nor make voided this letter or attorney, nor any avothoritie thereby given to him the said R. and that he the said I R. hath not heretofore releas●●, nor made voided the said Obligation, nor the said sum of three hundred pounds therein contained, nor any part thereof: nor hath done, nor suffered to be done, nor hereafter will do, nor suffer, or affent to be done, any act or acts, thing or things, whereby the said sum of three hundred pounds, in the said Obligation mentioned, may not be recovered, ob●ay●●d, and had by the said R. S. his executors, administrators, or assigns, or some of them, according unto the true meaning hereof. And for the performance of all articles, covenants, grants, and agreements herein contained, be the said I. ●. doth by these presents bind himself, his heirs, executors, and administrators, and every of them to the said R. S. his executors, and administrators, in four hundred pounds of lawful money etc. to be paid to the said R. S. his executors and administrators. In witness etc. ¶ A letter of attorney made by Executors. noverint universi per presentes nos R. I & M. vxor' meam nuper Sect. 522. vxor' T. S. (dum ●jxit) ac executricem Testamenti eiusdem T. assignasse, fecisse, & loconostro constituisse dilectos, nobis in Christo johemm C. & M. ux. eius▪ nostr' fideles & legitim attornat, coniunctim & divisim, ad petend', leuand', & recipiendum vice & nomine nostro, ad eorum proprium usum, omnia & singula bona mobilia, & immobilia, hustilimenta & necessaria quae praefatus T. die obitus sui habuit, & sibi pertinebant infra mesuagium five tenementum suum in H. in comitatu E. quod idem T. per testamentum suum dedit & legavit praefat' I C. & M. vx' suae sorori eiusdem T. cum omnibus & omnimodis hmodi hustilimentis & bon eidem mesuag' siue tenemento, lignifir omnino except, & eidem mesuag' siue tennt ut appropriat̄ reseruatis, quae oina & singula debita quae dicto T. die eius obitus debebantur, infra comitatum E. predict', praedictus T. in dicto suo testamento voluit & legavit pref. I C. & M. uxori eius, dantes & concedantes prefat' I. & M, attornat nostris, ac utrique eorum, plenam & liberam tenore praesentium potestatem nostram, ob defect' deliberationis & solutionis in hac part si necesse fuerit, tam omnes & fingulos debitores, detentores, & eorum quemlibet omnium bonorum hustilimentor & necessarior praedict', ac cujuslibet eorum parcell' (except & reseruat preexceptis & reseruat) quam omnes & singul' debtor & detentores debtor praedict', ac quemlibet eorum arrestari faciend', imprisonandi, & extra prisonam liberand', necnon implacitand' & prosequend' in quibuscunque curijs, & coram quibuscunque judicibus & iustic' quorum interest, adeo precise & integre, sicut lex exigit & permittit, & de receptis in hac part, acquitanc' nomine nostro faciendi, sigillandi, & deliberandi, attorn̄ quoque unum vel plures sub se constituendi, & pro suo libito revocandi, ceteraque omnia & singula quae in praemissis, & circa praemissa necessaria fuerin●, seu quomodolibet opportuna faciend', exercend', & exequend', adeo integre, prout nosmetipsi facere possumus, si praesentes ibidem personaliter interessemus. Ratum & gratum &c. In cuius rei etc. ¶ A letter of Attorney upon the kings licence. universis etc. I P. unus Armig ' pro corpore illustriss' domini nostri Sect. 523. Regis etc. salutem in domino sempiternam. Cum idem dominus noster Rex, per suas gratiosas l●teras patentes, quarum datum est apud Westm x. die Feb. anno regni sui xxxj. in consideratione veri & sidelis seruitij, qd' ego dict' I P. eidem illustrissimo dno nostro ante haectempora impendi, & durant vita mea impendere intendo, concessit, et licentiam dederit mihi prefat' I P. quod ego per me, aut deputat' sive deputat' meos, indigenas sive alienigenas, numerum & quantitatem ducentorum doleorum satis Anglicé vocat' Woad de Tholosa in partibus ultramarin semere & providere, ac eadem ducenta dolea de Woad, in una navi, sive diversis navibus, de obedientia dict' dni Regis, aut obedientia aliquorum amicorum & confederatorun suorum car care & imponere, ac in quemcunque locum, seu quaecunque loca huius regni sui Angliae, una vice vel diversis vicibus ibidem ad meum maximum ꝓficuum & advantagium importand', conducend', et inducend', vendend', & distribuend' conduci & discariari facere possem & valeam licite & impune: aliquo actu, statut', restriction, prohibition, aut ꝓclamatione in contrat facta non obstante, prout in pndict̄ literis patentibus inde confectis plenius continetur. Noveritis me prefat' I. P. virtute & aucthoritate dictarum literarum patentium, fecisse, ordinasse, constituisse, et in loco meo posuisse dilectos mihi in christo A. B. & C. D. Mercatores de H. meos veros & legitimo deputatos, factores irrevocabiles coniunctim vice & nomine meo, ad faciendum, exequendum, et administrandum, ad usus, commoda, & proficua propria eorunden A. B. & C. D. omnia & singula in dictis literis patentibus contenta & specificata, viz. in tam amplis modo & forma, prout ego dictus I P. facere potuissem seu deberem, vigore predict' literarum patentium, si ibidem praesens personaliter interessem. Et deputat' sive factorem unum, sive plures sub se constituend', & ad libita sua reuocand': Quibus quidem A. B. & C. D. & eorum utrique coniunctim, ego dictus I P. do, concedo, & transporto per praesentes, omnimodam potestatem meam & aucthoritatem in premissis. Ratum & gratum habens & habiturus, totam & quicquid dicti deputat' & factores in the said Obligation mentioned, may not be recovered, obtained, and had by the said R. S. his executors, administrators, or assigns, or some of them, according unto the true meaning hereof. And for the performance of all articles, covenants, grants, and agreements herein contained, be the said I. B. doth by these presents bind himself, his heirs, executors, and administrators, and every of them to the said R. S. his executors, and administrators, in four hundred pounds of lawful money etc. to be paid to the said R. S. his executors and administrators. In witness etc. ¶ A letter of attorney made by Executors. noverint universi per praesentes nos R. I & M. vxor' meam nuper Sect. 522. vxor' T. S. (dum ●ixit) ac executricem Testamenti eiusdem T. assignasse, fecis●e, & loconostro constituisse dilectos, nobis in Christo johemm C. & M. ux. eius▪ nostr' fideles & legitim attornat, coniunctim & divisim, ad petend', leuand', & recipiendum vice & nomine nostro, ad eorum proprium usum, omnia & singula bona mobilia, & immobilia, hustilim●ta & necessaria quae praefatus T. die obitus sui habuit, & sibi pertinebant infra mesuagium five tenementum suum in H. in comitatu E. quod idem T. per testamentum suum dedit & legavit praefat' I C. & M. vx' suae sorori eiusdem T. cum omnibus & omnimodis hmodi hustilimentis & bon eidem mesuag' siue tenemento, lignifir omnino except, & eidem mesuag' siue tennt ut appropriat̄ reseruatis, quae oina & singula debita quae dicto T. die eius obitus debebantur, infra comitatum E. predict', praedictus T. in dicto suo testamento voluit & legavit pref. I C. & M. uxori eius, dantes & concedantes prefat' I. & M, attornat nostris, ac utrique eorum, plenam & liberam tenore praesentium potestatem nostram, ob defect' deliberationis & solutionis in hac part si necesse fuerit, tam omnes & singulos debitores, detentores, & eorum quemlibet omnium bonorum hustilimentor & necessarior predict', ac cuiuslibet eorum parcell' (except & reseruat praeexceptis & reseruat) quam omnes & singul' debtor & detentores debtor praedict', ac quemlibet eorum arrestari faciend', imprisonandi, & extra prisonam liberand', necnon implacitand' & prosequend' in quibuscunque curijs, & coram quibuscunque judicibus & iustic' quorum interest, adeo precise & integre, sicut lex exigit & permittit, & de receptis in hac part, acquitanc' nomine nostro faciendi, sigillandi, & deliberandi, attorn̄ quoque unum vel plures sub se constituendi, & pro suo libito revocandi, ceteraque omnia & singula quae in praemissis, & circa praemissa necessaria suerint, seu quomodolibet opportuna faciend', exercend', & exequend', adeo integre, prout nosmetipsi facete possumus, si praesentes ibidem personaliter interessemus. Ratum & gratum &c. In cuius rei etc. ¶ A letter of Attorney upon the kings licence. universis etc. I P. unus Armig ' pro corpore illustr●ss ' domini nostri Sect. 523. Regis etc. salutem in domino sempiternam. Cum idem dominus noster Rex, per suas gratiosas l●teras patentes, quarum datum est apud Westm x. die Feb. anno regni sui xxxj. in consideratione veri & fidelis seruitij, qd' ego dict' I P. eidem illustrissimo dno nostro ante haectempora impendi, & durant vita mea impendere intendo, concessit, et licentiam dederit mihi prefat' I P. quod ego per me, aut deputat' sive deputat' meos, indigenas sive alienigenas, numerum & quantitatem ducentorum doleorum satis Anglicé vocat' Woad de Tholosa in partibus vltramarin semere & providere, ac eadem ducenta dolea de Woad, in una navi, sive diversis navibus, de obedientia dict' dni Regis, aut obedientia aliquorum amicorum & confederatorum suorum carcare & imponere, ac in quemcunque locum, seu quaecunque loca buius regni sui Angliae, una vice vel diversis vicibus ibidem ad meum maximum ꝓficuum & advantagium importand', conducend', et inducend', vendend', & distribuend' conduci & discariari facere possem & valeam licite & impune: aliquo actu, statut', restrictione, prohibitione, aut ꝓclamatione in contrat facta non obstante, prout in pndict̄ literis patentibus inde confectis plenius continetur. Noveritis me prefat' I. P. virtute & aucthoritate dictarum literarum patentium, fecisse, ordinasse, constituisse, et in loco meo posuisse dilectos mihi in christo A. B. & C. D. Mercatores de H. meos veros & legitimo deputatos, factores irrevocabiles coniunctim vice & nomine meo, ad faciendum, exequendum, et administrandum, ad usus, commoda, & proficua propria eorundem A. B. & C. D. omnia & singula in dictis literis patentibus contenta & specificata, viz. in tam amplis modo & forma, prout ego dictus I P. facere potuissem seu deberem, vigore predict' literarum patentium, si ibidem praesens personaliter interessem. Et deputat' sive factorem unum, sive plures sub se constituend', & ad libita sua reuocand': Quibus quidem A. B. & C. D. & eorum utrique coniunctim, ego dictus I P. do, concedo, & transporto per praesentes, omnimodam potestatem meam & aucthoritatem in premissis. Ratum & gratum habens & habiturus, totum & quicquid dicti deputat' & factores mei nomine meo fecerint, seu fieri procuraverint, aut eorum aliquis fecerit, seu fieri procuraverit in praemissis, & in quolibet praemissorum per praesentes. In cuius rei etc. ¶ A letter of Attorney to deliver possession of lands. noverint universi per praesentes me W. B. etc. assign', fecisse, & Sect. 524. loco meo posuisse ac constituisse per praesentes, dilectum mihi in Christo A. R. meum verum & legitimum Atturnatum, ad intrandum pro me, vice & nomine meo, in omnia illa mesuag', terr' &. Et post talem introitum, ad deliberand' ꝓ me, vice & nomine meo, plenam & pacificam possessionem & seisinam de, & in praedict' mesuag', terr' &c. cum oimbus suis pertinent I B. aut suo certo Attu● nato, haered', & executoribus suis, secundum vim, formam, tenorem, & effectum cuiusdam chartae meae per praefat' W. antedict' I. B. & alijs factae, cuius dat' est etc. ꝓut per inspectionem eiusdem plenius appareb. t. Ceteraque omnia & singula &c. Dat' etc. ¶ A letter of attorney to receive possession of lands. noverint etc. dilectum mihi in Christo C. D. meum verum & legitimum Sect. 525. Atturnat ad intrand' pro me, vice & nomine meo, in unum mesuag' come gardino & suis etc. ac plenam & pacificam possessionem & seinam inde capiendam. Et post hmndi seisinam & possessionem sic inde recept & habit, eandem ad meum ꝓprium usum retinend' & custodiend', secundum vim, formam, & effectum cuiusdam chartae mihi & alijs factae per E. F. generosum, ut per eandem chartam inde confectam, cuius datum est etc. manifesté liquet & apparet: Ceteraque omnia etc. ¶ A letter of Attorney to receive possession and costs of the Sheriff. BE it known etc. That I P. T. etc. have constituted, ordained, Sect. 526. and made I F. my lawful Attorney, for me, and in my name, to receive of the Sheriff of the County of Y. or his deputy, full and peaceable possession, of one mesuage or tenement with the appurtenances in G. and such money as I have recovered for my damages and ●●stes against A. ●. widow, in an Electione firm, according to the tenor, effect, and meaning of the writ of our Sovereign Lady the ●●●eene of Habere facias possessionem, and Fieri facias, to the said Sheriff directed. In witness etc. Dated etc. ¶ A Letter of attorney to take possession of lands recovered. noverint etc. nos H. G. & H. W. fecisse, ordinasse, & loco nostro Sect. 527. posuisse dilect' nobis in Chro W. P. & J. H. nostros veros & legitimos Atturnat coniunct' & divisim, ad intrand' vice & nominibus nr̄●s in manner de B. cum pertin', ac in quinquaginta acras terrae, vigintiacras prati, trecent acr pastur', quadraginta acras bosei, & quinque libratas reditus cum pertin' in B. S. & R. in Commit E. quae nos praed H. C. & H. W. per breve dni regis de ingressu super disseisinam in le Post, versus I C. armig', in cur' dicti dni regis, cor\l = a'\ justicrar suis apud Westm termo S. Mich. antedict' etc. recuperavimus ad usum I S. Milit & haered' suor, ac de, & super hmodi introitu sic fact', plenam & pacifican possession, de, & in manner, terr', & tennt praed' come pertin' nominibus nostris capiend' & continuand' add usum praed' I. S. & haered' suor, donec aliter inde duxerimus disponend'. Ratum & gratum hennt & habitur tot & quicquid dicti Atturnat nostri nominibus nostris fecer, seu eor alter fecer in praemissis, proutibid' presents personalit interessemus. In cuius rei etc. ¶ A Letter of attorney to receive possession of lands extended by a Statute Merchant. OMnibus Christi fidelibus etc. T. B. civis & Dra. L. salutem in domino. Sect. 528. Cum R. E. Miles, vic' Come E. virtute brevis dni Regis sibi inde direct' extendi fecisset unum mes. & xx. acr terr' cum pertin' in D. in come E. quae fuerunt I K. ad valour xl. s. per ann, qd' quidem mes. & xx. acras terr' cum pertin' dictus Vic', cum ea sic extendi fecisset, seisire fecit in manus domini Reg. Noveritis me praef. T. B. assignasse, fecisse, locoque meo posuisse & constituisse dilect' seruientem meum R. B. meum verum & legitimum in hac part Atturnat, ad recipiend' ꝓ me, & in nomine meo de praef. R. M. Vicec' come praed', plenam possessionem & seisinam, de, & in praed' mes. & xx. acris terr' cum pertin' quae mihi de praef. T. B. per dict' Vic', virtute brevis dicti domin' Regis sibi inde direct' liberari debent & extend': Tenend' mihi & assignat' meis ut liberum tenement' meum, fecundum tenorem, vim, formam, & effectum eiusdem brevis domini Regis eidem Vicec' ut praefertur direct'. Dans & concedens praef. Atturnat meo, plenam & sufficientem tenore praesent̄ potestatem meam, authoritatem & mand' speciale, ad faciend', exercend', & exequend' pro me, & in nomine meo, de, & in praemissis, & in quolibet praemissorum, omnia ea & singula quae ego praefatus T. B. facere possem, sive deberem, si prae sens ibidem personaliter interessem. Ratum & gratum habens & habiturus firmum & & stabile, totum & quicquid praedict' Atturnat meus nomine meo fecerit in praemissis per praesentes. In cuius rei testimonium pnsentibꝰ, sigillum meum apposui. Dat' etc. ¶ A Letter of attorney to enter for default of payment. OMnibus Christi fidelibus, ad quos praesens scriptum peruenerit, A. Sect. 529. P. salut in dno sempiternan. Cum ego praefat' A. nuper dimiserim, feoffaverim, & per quandam chartam meam triper●t̄ confirmaver W. C. unum tenementum cum pertin', situate in parochia S. Cedde Salop. viz. inter tenntum etc. Habend' & tenend' praedict' W. haered' & assign' suis in ꝑpet, sub forma & conditione sequent, viz. Quod praed W. haered' vel assign' sui soluerent, aut solui facerent mihi praefat' A. aut execut meis, in ecclesia S. Ceddae Salop. ad festum S. Mich archang' prox' futur' post datum chartae praed' x. li. sterling '. Et si praed' W. vel assign' sui defe●isset, vel defecissent in solutione summae praed', aut in aliqua inde parcell' ad festum solutionis superius limitat, extunc bene liceret mihi praef. A. in praed' tenementum cum pertin' reintrare, & illad in pristino statu meo rehabere, praed' charta feoffamenti & dimissionis non obstante, prout in eadem charta plenius liquet. Et quia praef. W. solutionem praedict' fregit: Noveritis me praef. A. occasione pmmis. atturnasse, & plenam potestatem meam concessisse dilectis mihi in Christo T. M. & I P. coniunct' & divisim, ad reintrand', reclamand'. & possidend', pro me, & nomine meo, in praed' tennto cum pertinent, ut in pristino statu meo, & praefat' W. inde expellendum & amovendun, dictumque tenntum in manibus ipsorum T. & I ad opus meum tenend', donec aliter inde duxerint disponend'. Ratum & gratum habens & habiturus totum & quicquid praefat' Atturn̄ mei fecerint nomine meo, seu eorum alter fecerit in praemissis, prout egomet facere possem si personaliter interessem. In cuius etc. ¶ A Letter of attorney to receive debts, sue, and make Acquitances. BE it known unto all men by these presents, that I. H. D. of etc. Sect. 530. have made, assigned, and assured, ordained and deputed, and in my steed and place by these presents put and constitute my well-beloved friends and kinsmen R. W. and S. T. of etc. my true and lawful attorneys irrevokable, jointly, and either of them severally, for me and in my name, and to my use, to ask, levy, recover, and recoive all and singular such debts, duties, sum and sums of money as are or shallbe due or owing unto me the said H. D. by A. B. C. D. etc. or by any other person or persons whatsoever, Giving, and by these presents granting unto may said Atturneiss, & to either of them jointly and severally, full power and authority for me and in mine name, & to my only use to sue, arrest, implead, condemn, & imprison every of my debtors aforesaid. And at their, and either of their liberties and pleasure, such person and persons out of prison to deliver, or cause to be delivered. And upon the receipt of any sum or sums of money, to my use to be received of any of the persons aforesaid, acquitances or other lawful discharges for the same, for me and in my steed and name to make, seal, & deliver as my deed or deeds. And one Attorney or more under them, or either of them to make or substitute, & at their, or either of their freewils again to revoke: And all and every other thing and things, which shallbe needful or necessary to be done, in or about the premises, the same to do as fully and wholly, as I myself might do, if I were there personally present, holding firm and stable all and whatsoever my said Atturneiss or either of them shall do, or cause to be done, in, or about the premises by these presents. Sealed with my seal. Given the viii. day of D. in the xxxvi. year of the Reign etc. An. Do. 1594. ¶ A letter of Attorney to seal un Indenture and Obligation. BE it known etc. That I S. G. etc. have made my true & lawful Sect. 531. Atturneiss, jointly & severally, to seal and deliver for me, and in my name, one Indenture made between etc. bearing date etc. And also to seal and deliver for me etc. to the said Sir P. one Obligation, wherein I the said Sir G. shall stand bounden to the same Sir P. in the sum of etc. with condition thereupon endorsed, for the performance of the covenants, grants, and agreement comprised in the said Indenture: Which said Indenture and Obligation after the same shallbe so sealed and delivered by my said Atturneiss, or one of them, I the said Sir G. do promise by these presents, that the same Indenture and Obligation, and either of them, shallbe my effectual deed and deeds in the law, and shallbe of as good strength, force, and effect in the law, to all intents, constructions, and purposes, to bind me, my heirs and executors, against the said Sir P. his heirs and executors, and against every of them, as though I the said Sir G. had sealed and delivered the said Indenture and Obligation myself. In witness whereof etc. ¶ A Letter of Attorney to alien lands. BE it known unto all men by these presents, that I. A. B. of D. Sect. 532. within the County etc. have ordained, constituted, made, and in my place put my well-beloved R. D. my true, full, and lawful Attorney, and to the same R. have given, and granted, full power and authority to give, grant, bargain, and cell, or by any other lawful way or means, to alien, convey, and assure, at his will, pleasure, and discretion, for me, & in my name, all that my mesuage, toft, garden, orchard, x. acres of wood, x. acres of heath, ●urres, and x. shillings rend, with their appurtenances in G. in the County of Y. to any person or persons whatsoever, according unto the laws of this Realm. To have and to hold to the said person or persons whatsoever, their heirs and assigns, or the heirs or assigns of any one of them for ever, to the only use and behoof of the said person or persons, to whom the premises shallbe aliened, conveyed, and assured, as is aforesaid, to and for the sum of C. l. of lawful English money, to be well and truly paid to the said Attorney, by the said person or persons to whom the said lands and tenements, and other the premises shallbe aliened, conneyed, and assured, as is aforesaid, within one month after the said alienation of the premises made, as aforesaid, to the only use & behoof of me the said A. B. my executors and assigns. And further, giving and granting to my said Attorney, my full power and authority in the premises, to do, execute, perform, fulfil, conclude, and finish, for me, and in my name and place, as is mentioned, all and singular thing and things whatsoever shallbe expedient and necessary concerning the premises, as thoroughly, wholly, and surely, as myself should do, if I myself were there in my own person present, ratifying and confirming by these presents, whatsoever my said Attorney shall do, or suffer to be done, in, and about the premises in my behalf, for me, and in my name., In witness etc. ¶ A Letter of Attorney general touching lands. universis Christi fidelibus etc. P. H. de R. in comit' E. yeoman, filius Sect. 533. & heres R. H. defuncti dum vixit de G. In comitatu predicto yeoman, salutem in domino sempiternam. Noveritis me praefat' P. fecisse ordinasse, constituisse, & loco meo posuisse dilectum mihi in Christo T. B. meum verum & legitimum Atturnatum, ad prosequendun, implacitandun, & defendend' vice & nomine meo, & pro me, in omnibus & singulis curijs & placitis, ac coram quibuscunque judicibus & Iusticiar', versus omnes & singulas personas, erga quas vel quam aliqua actio, ●am realis quam ꝑsonalis mihi quovismodo dat ius; sectan, aut defensionem per legen, de, & pro omnibus illis terris & tenntis meis cum suis pertinentijs universis vocat' W. situatis, iacentibus, & existentibus in villis & campis de C. praedict', quae mihi dicto P. iure haereditario discendebant, per & post mortem praedict' R. patris mei, & quae in praesentia me injust detinent: Necnon omnia dicta terras & tenementa cum suis pertinentijs, vice & nomine meo ad intrand', ac plenam & pacificam possessionem & seisinam, de & in eisdem, pro me, & nomine meo capiendam: Ac omnes & singulas personas quascunque firmarios sive occupatores eorumdem abind expellend' & amovendun, & super huiusmodi possessione sic capta & habita, omnia dicta terras & tenementa cum pertinentijs ad usum dicti T. custodiend', gubernand', occupand', & ministrand'. Dando, & per presentes concedendo praedict' Atturnat meo, plenam & integram potestatem meam authoritatem & mandatum speciale praedict' personas & earum quamlibet, occasione injust detentionis, custodiae vel occupationis praedict' terrarum & tenemontorum cum pertinentijs, aut alicuius inde pratis seu parcell' attachiand', & arrestari faciend', ac coram judicibus & justiciarijs praedict' comparere faciend' & producend', ac versus ip sas personas, & earum quamlibet occasione praedict', omnes & singulas actiones, sectas, placita, & ꝓsecutiones, licita, requisita & necessaria in cur' praedict' ubicunque videbitur oportunum fore, vice ac nomine meo leuand', affirmand', capiend', & atturnand', & eas vel ea secundum juris exigentiam, cum quibuscunque inde circumstantijs interplacitand' & prosequend', ac ius & titulum meum predict' coram predict' judicibus & justiciarijs declarand', exponend', & notificand', dictasque personas & earum quamlibet per legis vigour arrestand', imprisonand', & condemnari faciend', ac extra prisonam deliberand': Necnon damna & expensas in ea part habit & habend' de ipsis personis & de earum qualibet recuperand', & recipiend'. Et de receptis & recuperatis, ac super finem etc. As in other. ¶ A Letter of Attorney to sue for lands and goods. THis Bill indented made etc. Between etc. Witnesseth, that where Sect. 534. as the said I L. by his writing obligatory, bearing date etc. hereof standeth bounden to the said D. in xl. l. etc. with condition thereunto endorsed, as thereby appeareth, the said D. in consideration thereof hath coustituted &c. in her place put the said I. her true & lawful Attorney irrevokable, to demand, sue for, recover, receive, obtain, and get in her name and steed, to his own use, without any account thereof to be made or rendered unto the said D. her executors or administrators, aswell all such lands, tenements, & hereditaments, which she the said D. should or aught to have for her dower or jointure, of any lands, tenements or hereditaments which were the inheritance of the said W. L. except one mesuage etc. As also all such goods and chattels as the said D. aught to have for her part, of all the goods and chattels which were the said W. L. at the time of his death, other than such goods and chattels as she the said D. now hath received, & the third part of all such debts as were due to the said W. L. at the time of his death. And the said D. doth by these presents give and grant unto the said I. L. her full & whole power in the premises (except before excepted) to arrest, sue, declare, implead, imprison, and release, any person or persons, for, or by reason of the same premises, or any part thereof, (except before excepted) at the costs and charges of the said I L. and thereof and therefore in her name to release, acquit, compound, and agreed with any person or persons: And also to do, finish, and execute, all and every other thing & things, which shall be requisite or necessary, in, or about the premises, or any part thereof, (except before excepted) so fully and wholly, as if she the said D. should or might, or aught to do, if she were personally present at the doing or executing of the same. And further, the said D. doth covenant etc. that she the said D. shall and will allow, justify, affirm, perform, ratify, and establish, all and every act and acts, thing and things, which the said I. L. shall lawfully do, or cause to be done in her name, in, or about the premises or any part thereof (except before excepted) according to the true meaning hereof, at the costs and charges of the said I L. And that the said D. shall not, nor will not at any time hereafter revoke or adnul this present Letter of Attorney, or the power and authority thereby given to the said I. In witness etc. ¶ A Letter of Attorney to sue to a Court. PAteat universis ꝑ praesentes, quod ego R. P. atturnavi, & in loco Sect. 535. meo constitui I. meum Atturnatum, ad sectam nomine meo faciend' ad Curiam Decani & Capituli Ecclesiae beatae M. Linc'de C. iuxt tenorem brevis regis, ballivis praedict' Decam & Capituli curiae suae praed' inde direct' Ratum habiturus & gratum quicquid idem I. nomine meo fecerit in etc. In cuius etc. Dat' etc. ¶ A Letter of substitution where the attorney maketh a deputy under him. universis etc. S. F. etc. Cum I T. etc. per quoddam scriptum suum Sect. 536. de Atturnat fecerit, ordinaverit, constir, & in loco suo posuerit me praefat' S. suum verum & legit Atturnat, ad petendum etc. vice & nomine dicti I & ad meum proprium usum de H. C. x. li. in quibus dict' H. ꝑ obligationem suam praefat' I. tenet & obligat, dictusque A. per dictum script' suum de Atturn, dederit & concesserit mihi praefato S. Atturnato suo, plenam & integram potestatem suam & authoritat in praemissis ad faciend', agendum, prosequend' etc. & de recept & recu ꝑatis, & super finem & concordiam acquietanc', seu alias exonerationes nomine dict' I. componend', sigilland' & deliberand'. Et atturnatos alios, unum vel plures sub me constituend' & reuocand', prout in eod' scripto de atturnat inde confecto plenius continet. Noverit me pref. S. vigour & authoritate dict' script' de atturn mihi sic fact', ordinasse, posuisse, etc. E. N. meum ver & legitim substit ad petend' etc. ad usum, commodum & proficuum dict' E. de praef. H. x. li. Necnon omnia alia & singula in premis. & circa ea necessary, ad faciend', exigend', expediend', & finiend', adeo plene & integr, sicut ego praedict' T. vigore antedicti scripti atturnat facere possem seu deberem si praesens personaliter adessem. Ratum & great etc. In cuius etc. ¶ A revocation of a letter of Attorney. Unto all Christian people to whom this present writing shall come Sect. 537. A. W. etc. widow sendeth greeting: Whereas I the said A. upon trust and confidence which I had in E. W. my son, did by my letter of Attorney constitute and make the said E. my Attorney, Bailiff, Factor, and Solicitor general, in, for, and of all and singular my goods, chattels, debts, duties and demands, lands, tenements and hereditaments whatsoever. And did give him further authority and power to deal for me, as by the said writing to him made more at large appeareth. Now know you me the said A. W. for that the said E. W. hath used himself by colour of the said authority to him given, greatly both to my discomfort and hindrance, and otherwise then my trust and confidence was in him, To have revoked, countermanded and made voided, and by these presents do revoke, countermand and make void the said letter of attorney, and all the power and authority of the said E. W. to him given aswell by the said writing as by any other means whatsoever, whereby he can or may pretend to have any kind of doing or dealing for me or in my name touching any thing that is mine. In witness etc. Warrants of Attorney. ¶ A Warrant of Attorney to make leases not exceeding xx. years. TO all the faithful of Christ to whom this present writing indented Sect. 538. shall come A. B. sendeth greeting in our Lord God everlasting. Know that I the said A. B. have ordained, constituted and appointed D. C. my true and lawful Attorney, and by these presents do give unto the said D. C. full power and authority for me and in my name by writing indented or by several writings indented to demise, grant, and to farm let, all those my messages etc. set, lying or being in the County etc. or in any of them, or any of the premises as to the said D. C. shall seem meet and convenient, to such person or persons, & during such term of years, so that the said lease or leases do not exceed the number of twenty years, with such reservations of rents, covenants, grants, agreements, and condi●ions to be contained in the said several writings indented as to the said D. C. shall be likewise thought most meet and convenient: and also in my name to seal and deliver as my deed, and the one part of all and every such writings indented as to the said D. C. in my name shall be in form afore rehearsed, to and for my use with him to retain and keep. And I the said A. B. my heirs and assigns shall at all times hereafter ratify, confirm, and allow all and every act and acts, thing and things which the said D. C. in my name shall do in the premises. In witness etc. ¶ A Warrant of Attorney to deliver a lease upon the ground. TO all Christian people etc. to whom etc. W. A. of H. in the County Sect. 539. of D. Esquire, sand greeting. That whereas I the said W. have made and sealed one writing indented purporting a lease to be made unto M. S. etc. of all the tenement with the appurtenances in C. within the manor of C. within the parish of E. in the County of D. And of all houses, buildings, lands, tenements, meadows, pastures, woods, underwoods', commons and wastes, and all other hereditaments, with the appurtenances to the same tenements belonging or appertaining &c. within either the words of the lease. To have and to hold etc. as by the same writing indented bearing date etc. more plainly doth & may appear. Know ye now that I the said W. A. have ordained, made, constituted, and assigned my well-beloved B. P. my true and lawful Attorney to enter for me, and in my name & stead into the fore recited premises with the appurtenances, and thereupon for me and in my name, & stead, to deliver th'one part of the said writing indented, sealed with my seal, unto the foresaid M. S. as my very act and deed, upon every parcel of the premises aforesaid, in the name of the whole in the said writing contained, and thereupon to receive, & accept for me and in my name, from the said M. S. the counterpane of the writing indented to my use, ratifying & allowing all and every act and acts, thing & things, whatsoever my said Attorney shall do, or cause to be done, in, and about the premises, in as ample manner and as fully and wholly, as though I myself had been there present in my own person. In witness whereof I the said W. A. to this my present writing have put to my seal etc. ¶ A Warrant of Attorney to deliver and receive writings. BE it known unto all men by these presents, that I L. of W. in Sect. 540. the County of C. th'elder, have authorised, deputed, and in my place have put my well-beloved I D. aswell to receive for me, & in my name, one deed indented, made by H. S. of C. of all the lands & tenements which were of the inheritance of H. S. father to the said H. in M. V D. C. & W. together with the possession of all the same lands, as also to seal and deliver for me, and in my name, one deed indented tripartite, made of all the foresaid lands, to the foresaid H. S. with divers remainders over, as in the same deed more plainly appeareth: And also to do all & every thing and things, in and about the same, as shall be thought expedient, as fully & in as large manner, as though I the said I L. were personally present. In witness whereof to this my present writing, I have set my seal and subscribed my name, the day of etc. in the year of the reign of our said Sovereign Lord. ¶ A Warrant of Attorney to receive possession. TO all Christian people to whom this present writing shall come, Sect. 541. A. B. of L. in the County of M. Esquire, sendeth greeting in our Lord God everlasting. Know ye that I the said A. for divers and sundry good, sufficient, and reasonable causes me thereunto specially moving, have authorized, constituted, ordained, & in my place put my well-beloved in Christ R. Y. of N. in the County of Y. gent. my faithful and undoubted Attorney, to enter for me, and in my name, into the mesuage of N. and into all and singular lands, tenements, closes, meadows, feedings, and pastures, and all other appurtenances thereunto belonging, in the County of Y. late parcel of the possessions of the late dissolved Monastery of W. in the said County of Y. which I the said A. have of the lease and demise of R. T. of T. in the said County of Y. and the possession of all and singular the premises, to take for me, and in my name, and to my use and behoof: And the possession thereof taken and had, to retain, hire, set, place, and appoint one Bailiff or Overseer, into, and upon the said mesuage & other the lands and tenements with their appurtenances aforesaid. And also all other servants or labourers, necessary for the sure keeping, occupying, manuring, and using of the premises, and every parcel thereof, for the most avail, commodity, and advantage of me the said A. ratifying, approving, and confirming whatsoever my said Attorney, shall do in the premises, or any of them: And allowing all and every act and acts so done by the said Attorney, to be as effectual & sufficient in law, concerning the premises, or any part thereof against me, or any other person or persons, as I myself were present and had done the same. In witness etc. ¶ A Warrant of Attorney to release a prisoner. TO all Christian people to whom &c. H. D. of A. in the County Sect. 542. of G. gent. and R. H. of B. in the said County yeoman, sand greeting in our Lord God everlasting. Whereas R. D. of H. in the County aforesaid Esquire, administrator of the goods & cattles of P. D. knight, his father deceased, by his sufficient writing, bearing date the day of etc. hath given unto us the said H. and R. by the names of his well-beloved kinsman H. D. servant to the right honourable Sir R. S. knight, and his servant R. H. his true & lawful Atturneiss, and to either of us jointly & severally, full power and authority for him, and in his name, to release, discharge, remit, and enlarge, one W. M. late of M. in the said County of C. Esquire, who lieth prisoner in the Fleet, & so hath continued by the space of these etc. years being committed to the same prison, by the late Lord W. then chancellor of etc. for that the said W. M. refused to stand to the order of the said L. W. concerning a statute merchant, knowledged before that time, by the said W. unto the said P. D. before the Mayor of the city of C. for the time being: And further to do all and singular act and acts, thing and things, whatsoever it were, for, and in the name, and behalf of the said R. D. either before the Lord Chancellor of England or before any other justice or justices, within this Realm, that may be thought convenient, expedient, or necessary for thenlargement, or releasement of the said W. M. as if the said R. D. had been present in person himself, to do, execute and conclude the same: allowing, ratifiying, & confirming for him, his heirs, executors, & administrators, whatsoever we the said H. and R. should do in the premises, absolutely without condition, to all intents and purposes, as by the same writing more plainly doth and may appear: Now know ye, that we the said H. D. and R. H. upon due consideration had of all things, touching or concerning the premises, have by force of the said letter or writing of Attorney, and by virtue and authority of the same, for and in the name of the said R. D. released, discharged, and remitted, and by these presents do release, discharge and remit the said W. M. not only of the said Statute merchant, and of all executions, suits, quarrels, debates, and demands concerning the same, and of all other debts, suits, quarrels, debates and demands, that the said R. D. hath or may have against the said W. M. for and concerning the said statute, but also we the said H. D. and R. H. for and in the name of the said R. D. are contented and agreed, that the said W. M. shall be dismissed and discharged, out of the prison of the said Fleet, and set at his full liberty, and not be detained there any longer, neither for, or concerning the said statute, or by force of the said order, or commandment of the said late Lord W. or for any other matter or cause whatsoever, that is depending between the said R. D. and the said W. M. before the date of these presents. In witness etc. ¶ A warrant of attorney to prosecute all actions etc. THis Indenture etc. Between I S. of D. of the one party, and Sect. 543. I. D. of C. of the other party, Witnesseth, that the said I. S. hath constituted, made and ordained, and by these presents doth constitute, ordain and make the said I. D. his lawful and general Attorney from henceforth to commence, bring, sue and prosecute for him and in his name all manner of actions aswell real as personal aswell by writ, bill, plaint, or otherwise in any Court or Courts of Record, Court of Requests, or in any other Court or place whatsoever within this Realm of England, and the same actions and suits and every of them to persecute and follow, for, and in the name of the said I. S. in as large and ample manner as the said I. S. might do i● the same were by him in proper person commenced, sued or taken. And further the said I. S. by these presents doth also constitute, ordain and make the said I. D. his lawful and general Attorney to appear, make answer, and to defend for him, and in his name in all manner of Actions and Suits whatsoever they be, which is, or at any time hereafter shall be commenced, sued or taken against the said I. S. by any person or persons whatsoever, and all things that the said I. D. shall do or make as Attorney unto the said I. S. the said I. S. by these presents doth ratify and approve the same to be his very actual deed. And further the said I. S. doth constitute, make, authorize and appoint the said I. D. to be his general Steward of all his Lands, Tenements and Hereditaments in the Counties of E. D. and E. or elsewhere within the Realm of England to use and occupy the said office of general Steward by himself, or by his sufficient Deputies, during the pleasure of the said I. S. And the said I s. doth also by these presents give full power and authority unto the said I. D. and such Deputy and Deputies as the said I. D. hereafter shall name and appoint, to receive and take, and to admit one Tenant or tenants by Copy of Court roll, according to the custom of the Manors aforesaid, or any of them, and also to tax and assess any Fine or Fines, upon Tenant or Copyholder of the said Manors, Lands, and Tenements, or any part or parcel thereof upon any interest, cause of forfeiture, surrender or for the breach of any Condition or otherwise by any unlawful way or means whatsoever. And what thing the said I. D. his Deputy or Deputies shall do, for and in the name of the said I. S. in executing and doing of the premises appointed unto the Office of the General Steward, the said I. S. doth ratify and approve the same to be his own actual deed. And the said I. S. for him and his heirs by these presents doth also give full power and authority unto the said I. D. from time to time hereafter to demise, set and let to farm for and in the name of the said I. S. such part and parcel of his said Manors, Lands and Tenements as to the said I. D. shall seem meet and convenient to be demised and let to Farm to any person or persons for and during the term of years from the making of such lease and demise and not above, reserving upon any such lease and demise such yearly rent, and taking such fine for the same to the use of the said I. S. as the said I. D. shall think meet and convenient to be paid and reserved for the same. And the said I. S. doth further constitute, ordain, and make the said I. D. to be his receiver general of all his lands, tenements, rents, reversions, profits, debts, and sums of money whatsoever they be, or which hereafter shall or may in any wise be due unto the said I. S. And that the said I. D. by these presents shall have full power and authority to receive and take to the use of the said I. S. at the hands of all and every the Tenants, Farmers, Bailiffs, and debtor of the said I. S. all and every such sum or sums of money as now is, or that hereafter by any way or means shall be due to the said I. S. And the said I. S. doth further aucthorize the said I. D. by these presents, and to him doth give full power and authority, that he the said I. D. upon receipt of any sum or sums of money, so by him hereafter to be received, shall and may make such lawful discharge for the same by deed, release, or acquittance in the name of the said I. S. or else by delivering or canceling of any writing obligatory, or by any other ways or means, as by the said I. D. from time to time shall be thought meet and convenient to be had, made, and done. And whatsoever deed or deeds, release, acquittance, or other discharge which the said I. D. shall make, seal, and deliver for canceling of any writing obligatory, or by any other way or means, as by the said I. S. from time to time shall be thought meet and convenient to be had, made, or done, and whatsoever deed or deeds, release, acquittance, or other discharge which the said I. D. shall make, seal, or deliver, for, and in the name of the said I. S. touching or in any wise concerning the premises, the said I. S. for him, his executors and administrators, doth by these presents from time to time ratify, approve, and confirm the same to be his lawful act and deed. And the said I. S. doth further aucthorize the said I. D. by these presents, that the said I. D. shall and may from time to time hereafter take account of all and every his tenants, Farmers, Bailiffs, Rentgatherers, and other Officers of the said I. S. whatsoever they be, of, and for the rents, revenues, and profits, or sums of money by them or any of them received to the use of the said I. S. or which they or any of them shall hereafter receive to the use of the said I. S. And that he the said I. D. upon every such account so by him to be taken, or by the receipt of any such rent, profit, or sums of money by him to be had by the hands of the said Farmers', Bailiffs, tenants, rentgatherers, or other officers, to the use of the said I. S. shall and may by virtue hereof give unto every such Farmor, or Bailiffs, of whom she shall take any such account, or receive any such rents, revenues, profits, debts, or sums of money, allowance, for, and in the name of the said I. S. of so much and of such party and portion of the said rents, revenues, etc. as to the said I. D. by his discretion shall be thought meet and reasonable to be given and allowed, and that every such allowance of every such sum or sums of money hereafter by the said I. D. to be had, made, & given, shall be as good & effectual in the law to all intents and purposes against the said I. S. his executors & administrators, and every of them, as though the same allowance had been had, made, and given by the said I. S. in his own proper person. And further the said I. S. doth give full power and avethoritie unto the said I. D. at all and every time and times hereafter to make payment and delivery, for, and in the name of the said I. S. of every such sum or sums of money as the said I. D. by a letter or writing subscribed with the hand of the said I. S. shall be commanded, assigned, appointed, or required to pay or deliver either unto the said I. S. or to any other person or persons whatsoever they be. And the said I. S. doth further grant by these presents, that when & as often as the said I. D. at any time hereafter shall make any payment or delivery out of his hands of all the said rents, receipts, and sums of money hereafter by him to be received to the use of the said I. S. or any part or parcel thereof by virtue or authority of any such writing, or letter subscribed with the hand of the said I. S. that then the said I. D. his executors or administrators after such payment and delivery of any such sum or sums of money shallbe thereof, & of every part thereof clearly discharged against the said I. S. his executors & administrators by these presents. And further the said I. S. for him and his heirs by these presents doth give full power & avethoritie to the said I. D. clearly to bargain and cell all that his Manor of S. in the County of L. and all other messages, lands, tenements, and hereditaments in S. aforesaid, or elsewhere, in the said County of L. or any part or parcel thereof, as the said I. D. at any time or times hereafter shall think meet and convenient to be sold, and for such sum or sums of money as the said I. D. shall think meet to be taken for the same to the use of the said I. S. and what bargain, contract or sale soever the said I. D. shall conclude and agreed with any person or persons for the said manor or any part or parcel thereof, the said I. S. doth give his full consent thereunto, and the same doth ratify approve and confirm by these presents, And further the said I. S. doth constitute & ordain the said I. D. to be his surveyor of his Manors, lands, tenements and hereditaments whatsoever they be within the Realm of England, and doth give full power & authority unto the said I D. to make such profit and commodity of the said Manors, lands, tenements and hereditaments, and every part thereof, as well in wood sales and selling of woods and underwoods', in and upon the premises or any part thereof, and also by all other reasonable ways and means which the said I. D. shall think most meet and convenient to be had, made and done for the profit and commodity of the said I. S. And moreover the said I. S. doth give full power and authority unto the said I. D. by these presents that he the said I. D. shall and may at all time and times, and from time to time hereafter, do or make or cause to be done or made, for and in the name of the said I. S. all and every such act and thing whatsoever it be, which the said I. D. by any letter or writing subscribed with the hand of the said I. S. shall at any time hereafter be commanded, required, willed, or desired to make or do for the said I. S. And whatsoever act, deed or thing which the said I. D. shall at any time or times hereafter do, make, or cause to be done or made, for and 〈◊〉 the name of the said I. S. by force of any these presents, any such writing or letter according to the effect, tenor, and true meaning of these presents, the said I. S. doth ratify, approve, allow, and confirm the same, and every act, thing, and deed whatsoever hereafter to be had, made, or done to be his lawful act and deed, and to be good and effectual in the law to all intents and purposes, to, and against the said I. S. his heirs, executors, and administrators, by virtue of these presents. ¶ A Warrant of Attorney to revoke administration. PAteat universis per praesentes, quod cum nobilis foemina domina Sect. 544. Eliz. relicta nuper praenobilis viri G. Comitis S. nuper Comitis Mareschalli A. defuncti administrac' omnium & singul' bonorum iurium & creditor̄ & catallor̄, quae fuer' dicti nuper praenobilis viri tempore mortis suae infra jurisdictionem Reverendissimi in Christo patris & domini 1 providentia divina E. Archiep A. primatis & Metropolitanis existent', ipsi prefat' dominae E. aucthoritate dicti dni patris de facto committi ipsamque administratricem eorundem bonor' & caeterorum praemissorum ordinari & constitui, ꝓcurauerit & obtinuerit: Nunc ego G. Comes S. filius & haeres dicti nuper praenobilis viri patris mei def●ncti, dilectos mihi in Christo I S. I. B. W. F. & E. F. notarios publicos almae cutiae Consist' E. ꝓcuratores generales meos, certos, legitimos & indubitat actores, factores, procuratores negotiorumque meorum gestores & nuntios speciales ac generales ad infrascript̄ nomino, ordino, facio, & constituo per praesentes. Dans & concedens eisdem ꝓcuratoribus meis coniunctim & eorum cuilibet per se divisim & in solid', Ita qd' non sit melior cond' occupan̄, nec deterior subsequen̄, sed ꝙ unus eorum inceperit id eorum aliquis ꝑ se libere ꝓsequi valeat pariter & finire, potestatem generalem & mandat speciale pro me ac vice, loco, & nomine meis coram venerabil●bus viris mro I B. legum doctore & M. S. artium mro tam almae curiae praerog. Archiep E. custodibus, mrs. sive Commissarijs, quam etiam Scaccarij dicti reverendissimi patris Commissar̄ seu eorum altero, vel eorum seu alterius eorum surrogato sive deputato, aut alio judice in hac part competent̄ quocunque comparend' & interessend', meque a personali comparitione in ea part excusandi, ac causam & causas absentiae meae hmndi allegand', proponend', probandi, dictamque administr̄ & lras desuper fact' & obtent̄ potestatemque quamcunque dictae dnae Eliz. in ea part quomodolibet concessam & commissam revocari, cassari, et ad omn juris & facti effect', adnullari ipsamque admin omn & singul' bon̄ iur̄ & creditor̄, & cattallor nondum administr̄ (quae fuerunt dicti nuper pr̄is mei defuncti tempore mortis suae infra provinciam E. existent') ipsumque & testament̄ siue vltimam voluntatem suam qualitercunque tangent & concernent, mihi prefat' G. constit, una cum dicto testament̄ sive ultima voluntate annex': ac in complement̄ illius testamenti, ac juxta formam, effect', & intention eiusd' disponend' decerni & committi, petendi, requir●̄di, & obtinend', iuramentunque tam de fideli administr̄ eorund' bonorum, iurium, credit̄, & catallorum omnium & singulorum quatenus ad manus nostras pervenerint, sive pervenire poterint, quam de fideli & pleno inventar veroque pleno & fideli compot̄ calculo sive ratiocinio de e●d' administr̄ mea, ac bonis & caeteris pmmissis pro loco & tempore congruis & opportunis reddend' & exhibend' pro me ac in animam meam praestand' & subeun̄, ipsumque inventarium & compot̄ praedict' exhibend' & redd●nd', ac me ab ulteriori compot̄, calculi sive ratiocinij in ea part redditione finaliter dimitti absolui & liberari petendi, beneficium insuper absolutionis a quibuscunque suspenc', excommunic' sive interdictionis smis latis seu fiend' mihi impend' petend' & obtinend'. Quodcunque etiam iurament̄ licitum & honestum in animam meam quoties & quando opus foe●it subeun● ' & praestand'. Et generalia omnia & singula alia faciend', exequend, ꝓcurand' & expediend' quae in pmmissis aut circa ea necessaria fuerint seu quomodo libet oportuna, etiams● mandat de se magis exigant speciale quam superius est expressum. Promittoque me ratum gratum & firmum perpetuo habiturum totum & quicquid dicti procuratores mei coniunctim vel divisim in praemissis seu eorum aliquo fecerit aut fecerint sub ypotheca & obligatione omnium & singulor bonorum meor, & cautionem in ca part expono per presentes. In cuius rei testimonium (quia meum non est autenticum) ideo sigillum capituli ecclefiae collegiate beatae M. de S. in come M. quae ad causas utuntur, praesentibus apponi procuravi. Et nos capitulum antedictum ad petition̄ partis dicti praenobilis viri dni G. comitis S. constituent̄, sigillum nostrum praed' pnsentibus apponi fecimus. Dat' etc. ¶ Administration granted by the Archbishop of Canterburic upon renuntiation, thintestate having goods in divers Dioces. Iohann providentia dna Cant̄ Archiep totius Angliae prim & Metropolitanus Sect. 545. dilect' nobis in Christo praenobil' viro domin' G. come moderno S. filio natural' & legitimo domini G. nuper comitis S. & comit' Mareschalli Angliae praeclarique ordinis garterij militis def. Saluten. Cum idem dominus G. def. habens dum vixit & mortis suae tempor bona iura sive credita in diversis diocesib. sive jurisdictionibus suum, dum egit in humanis, rite & legitime condiderit testamentum suam in se continens ultimam voluntatem, in quo sive qua E. T. & H. T. armigeros filios suos naturales & legitimos nominaverit, ordinauerit, fecerit & constituerit executores Qui quidem executor' ex certis causis animos suos in hac part just movent oneri execuc' dict' testament̄ express renunciaverunt. Cuius praetextu omnium & singulorum bonorum iurium & creditorum antedict' def. plenaria dispositio administrationisque corundem Commissio, Necnon compi, calculi sive ratiocinij administrationis huiusmodi auditio finalisque liberat sive dimissio ab eadem ad nos solum & in solidum & non ad alium nobis Inferiorem judicem notorie dignoscuntur pertinere. Nos vero affectantes ut bona iura & credita dict' defendent̄ bene ac fideliter administrentur dictumque testamentum perimpleatur, suumque debitum sortiatur effectum, Ad administrand' igit bona iura & credita huiusmodi juxta tenorem & effectum testamenti supradicti praesentibus annex' ac bene & fidelit disponend' de eisdem, Necnon credita quaecunque dict' def. petend', colligend', leuand' & exigend' quae ad eundem def. dum vixerit & mortis suae tempore pertinuerunt, Ac primo de soluend ' es alienum in quo idem def. huiusmodi mort̄ suae tempore extitit obligatus, deinde legata in dict' testament̄ pnsentibus (ut praefertur) annex' contenta & specificata, quatenus bona iura & credita sua huiusmodi ad hoc extendant juxta ratam eorund', Tibi de caius fidelitate in hac part confidimus de bene & fidelit administrando eadem, Ac de pleno & sidel' inuentor̄ omnium & singulor bonor̄ iurium & creditorum huiusmodi conficiend', Et illud in curiam praerogativae nostre Cant̄ secundo die post faestum Ascen̄ domini nostri proxim' futur' exhibend'. Necnon de pleno & vero Compo, calculo ●●ue ratiocimo in ea part reddend' ad Sancta dei evangelia in ꝑson̄ mei G. C. notarij publici procurat tui in hac part legitm constit jurat plenam tenore praesentium committ̄ potestatem. Teque administratorem omnium & singulor bonor̄ iurium & creditorum huiusmod ordinavimus deputamus & constituimus per praesentes. Dat' London 23. D. Anno 1560. Et nostrae translation̄ Ann 8. ¶ A Letter of Attorney to exhibit a will and Inventory and take administration and to account. PAteat universis per pra sentes quod ego Domin G. Comes S. ac Sect. 546. fili●s naturalis & legitimus Domini G. nu●er Comitis S. defunct' habentis dum vixit & mortis s●ae tempo e bona iura sive credita in diversis dioces. sive iurisdictionibus dilectos mihi in Christo I L. T. W. F. C. & G. C. notarios publicos almae Cur' Cant de Arch ' London procuratores generales meos veroscertos legitimos & indubitatos procuratores actores factores negotiorumque meorum gestores & nuncios speciales ordino facio & con●●ituo per praesentes, Doque & concedo eisd' procuratoribus meis coniunct' & eorum cuilibet per se divisim potestatem generalem & mandat specal' pro me & nomine meo coram Cur' praerog' Cant mag' custod' sive commissario eiusd' surrogato aut alio judice in hac part competē● q●ocunque comparendi meque a personali comparitione excusandi, ac come & causas absentiae meae hmndi allegand' proponend' & proband' testamentumque sive vltimam voluntatem dicti def. in script' reduct' exhibendi, & administr omnium & singulor bonorum iur & creditorum eiusd' def. una cum test' & ultima voluntate hmndi annex' mihi committi petend' & obtinend' iuramentumque tam de fideli administrac' omn & singulorum bonorum iur' & creditorum hmndi per me obeund', quam de fidel' inventario, necnon plano & vero comp̄ calculo & ratiocinio omnium & singulorum bonorum iur & creditorum hmndi per me reddend' ei exhibend' pro loco & tempore congruis & opportunis in anam meam subeund' & praestand'. Inuentarium etiam & compotum calculum sive ration̄ hmndi nomin̄ meo exhibend' et introducend', ac me ab ulteriori comp bonor iurium & creditor hmndi redditione dimitti petend' et obtinend' beneficium insuper absolutionis a quibuscunque suspencionis excommunicationis vel interdict̄ smijs in me qualitercunque latis mihi impendi, petend', & obtinend', et quodcunque juramentum de iure in ea part requisitum in anmm praestand' & subeund'. Et general' omnia & singula alia faciend', exercend', & expediend' quae in pmmissis aut circa ea necessaria fuerint seu quomodolibet oportuna etiamsi mandat de se magis exigant speciale quam superius est expressum. Promittoque me ratum, gratum, & firm ꝑpetuo habiturum totum & quicquid dicti ꝓcuratores mei feceriat seu eorum aliquis fecerit in hac part sub hypotheca & obligatione omnium & singulorum bonorum eorum & in ea part cautionem expono per praesentes. In cuius rei testimonium sigillum exemptae jurisdictionis praebendarij Praebend' de B. praesentibus apponi procuravi. Et nos Praebendarius antedictus ad specialem rogatum dicti constituen sigillum nostrum hmndi praesentibus apposuimus. Datum twenty-three. die mensis Decembris, Anno domini etc. Licences. ¶ A Placard or licence for a Crossbow. ELizabeth etc. To all manner our Officers, Ministers, and subjects, Sect. 547. of what estate, degree, or condition soever they be, these our letters hearing, seeing, & to every of them greeting. Albeit that by the avethoritie of our high Court of Parliament it is ordained and enacted, that no manner of person upon certain penalty shall without our special licence, use or occupy any Crossbow within this our Realm, except he be a Lord, or that he or any other person or persons to his use have lands of freehold to the yearly value or extent of one hundred pounds above all charges and reprises, as in the said Act it is expressed more at large: Yet we nevertheless of our grace especial for certain causes and considerations us moving, have by these presents licenced our well-beloved I W. to occupy and exercise his Crossbow at his liberty, without any penalty or forfeiture sustaining in that behalf: the said act or any other acts heretofore made or passed to the contrary notwithstanding. Wherhfore we will and command you, and every of you, to permit & suffer the same I. to use and enjoy the whole effect of this our licence without any your disturbance or interruption to the contrary. Provided always that under colour hereof he in no wise use his Crossbow within our Forests, Parks, or Chases, to the diminishing of our Deer or game within the same, upon penalty of the Statute in such case provided and ordained. Given under our Signet the etc. ¶ Another Placard for a Crossbow. ELizabeth &c. (ut supra) greeting. We let you to wit, that by Sect. 548. these presents we have licenced our well-beloved subject N. not only to occupy and exercise shooting in his Crossbow in all places from henceforth at his liberty, but also to have, keep, and retain the same in his house, or else where at his liberty and pleasure, without any penalty or forfeiture sustaining in that behalf. Wherhfore we will and command you etc. ¶ A Licence for Apparel, and to shoot in Cross●bowes and Handgunnes. REgina etc. Sciatis qd' nos de gratia nostra speciali, ac ex certa scientia Sect. 549. & mero motu nostris, concessimus & licentiam dedimus W. B. armigero, quod ipse durant vita sua ad libitum & voluntatem seam uti, exercere, & gaudere quibuscunque vest ', apparat, & cathen̄: Necnon sagittare in quibuscunque arcubus vocatis crossbows, ac in bombardis vocatis Handgunnes, & eas custodire tam in domibus & aliter, sicut aliquis ligeus nostr' terras & tennta habens ad annuum valorem centum librarum ad terminum vitae exercere, sagittare, custodire & gaudere licite & impune valeat & possit, absque aliqua forisfact', paena, sive deperdito, & absque perturbatione, molestatione, inquietatione, impedimento seu gravamine quocunque: aliquibus statutis, provisionibus sive restrictionibus inde fact', aeditis, ordinat sive provisis non obstantibus. In cuius rei testimonium has literas nostras fierifecimus patentes. Teste me ipsa apud Westm etc. ¶ A Licence to retain men, REx omnibus etc. Sciatis quod nos de gratia nostra speciali, ac ex Sect. 550. certa scientia & mero motu nostris dedimus & concessimus, ac ꝑ praesentes damus & concedimus dilect' & fidel' nostro T. E. Militi, uni justiciarior nostror de communi banco, hanc libertatem quod ipse durant vita sua ad placitum suum de tempore in tempus legitime & impune retinere possit viginti homines quoscunque per aliquod script', sacram, promission̄ sive aliquo alio modo quocunque, & eisdem viginti hominibus dare possit xx. liberatas panellorum vel signa vel Bageas, cuicunque qui de ipso habere volverint easd' liberatas, signa vel Bageas, sive aliqua seu aliquas ad ipsum seruiendum, licet non sintnec fuerint, nec sit nec fuerit ball●ui seu balliws ipsius T. E. Et etiam licet non sint nec fuerint, nec sit nec fuerit cum ipso T. E. retentus ad ipsum seruiendum in hospitio suo aut aliter, & eisdem viginti hominibus concedimus & eor cuilibet aucthoritatem & potestatem recipiend' & vtend' eisdemliberat̄ sign̄ vel bageis. Habend', tenend' & gaudend' praed' libertatem & authoritatem pro termino vitae suae, absque impedimento, interruptione, molestatione, inquietatione, actione vel punitione nostri, aut haeredum nostrorum, ac ministror' & subditorum nostrorum quorumcunque, & absque aliqua forisfactura seu indemnitate ipsius T. E. pro exercitio, occupatione, sive factione praemissorum: Aliquo statut', actu, ordinatione, prouisione siue restrictione in contrarium ante haec tempora facto, aedito, sive proviso in aliquo non obstante, aut aliqua alia causa vel materia quacunque non o●●●ante. Eo quod expressa mentio de certitudine praemissor̄, aut de alijs donis sive concessionibus per nos praefat' T. ante haec tempora factis in praesentibus minime facta existit, aut aliqua alia re, causa vel materia quacunque non obstante. In cuius etc. Peripsum Regem & de data praedicta etc. ¶ A Licence to wear a Cap. ELizabeth etc. To all manner our subjects, aswell of spiritual pre-eminence Sect. 551. & dignity, as of temporal authority these our letters hearing or seeing, and every of them greeting. Forasmuch as we be credibly informed, that our well-beloved T. M. for divers infirmities which he hath in his head, cannot conveniently without his great danger be discovered of the same: we let you to wit, that in consideration thereof we have by these presents licenced him to use and wear a bonnet at all times, as well in our presence as elsewhere at his liberty. We therefore will and command you and every of you, to permit and suffer him so to do, without any your challenges or interruptions to the contrary. Given under our Signet at our place at W. the xx. day of M. in the etc. ¶ A Licence to be absent from the Parliament. TRusty and well-beloved, we greet you well, and forasmuch as Sect. 552. we be informed that ye by reason of your age, impotency, and other sickness, cannot conveniently without great danger, travail nor labour to our high Court of Parliament: We therefore in consideration hereof licence you by these presents to take your ease, and to be absent from our said Parliament during the continuance or prorogation of the same: Any act, statute, or ordinance heretofore made to the contrary notwithstanding. Given etc. ¶ A Licence to be Nonresident. HEnricus octaws Dei gratia Angl', Franciae & Hibern Rex, fidei Sect. 553. defensor, ac sub Christo in terr' ecclesiae Anglicanae & Hibern supremum caput, omnibus ad quos p̄sent̄ literae peruener̄ Salut, Sciat quod de gratia nostra speciali, dedimus & concessimus ac ꝑ pnsentes damus & concedimus pro nobis & haered' nostris, dilecto subdit nostro domino W. B. clerico vicario perpet̄ vicariae ●●●petuae sive ecclesiae parochial' de G. in come nostro E. Lond' diocesis, ut ipse liber & licit valeat post hac quocunque tempore, & quandiu sibi placuer̄ se absentare a dicta vicaria perpet̄, seu benefic' suo de C. predict', nec teneatur quovismodo in dicto beneficio suo corporalem facere residentiam, aut personalit residere quamuis authoritate vel mandato invitus compelli possit vel cogatur, & hoc absque perturbatione, vexatione, molestatione, vel contradictione aliqua, nostr', haered', offic', seu subditorum nostrorum quorumcunque: statuto de residentione cleric ' ●e, & super beneficijs suis in parliamento nostro tento apud Westm, 〈◊〉 regni nostri vicesimo primoraut aliquo alio statuto, actu, or dina●ione, re, causa, vel materia qua●●nque, in contrarium aedit in aliquo non obstante etc. In cuius etc. ¶ A Licence to Brew. WHereas A. M. of W. in the County of D. husbandman, hath Sect. 554. come before us Sir G. F. knight, and F. R. Sergeant at Law, two of the Queen's majesties justices of peace within the said County, and bound themselves in a Recognisance with sufficient sucrties, to brew, to cell, and keep a common Alehouse, according to the Statute of Brewers, made in the first year of the reign of our late Sovereign Lord and king Ed. the sixth. Now know you us the said Sir G. & F. R. to have licenced the said A. M. to brew, to cell, & keep a common Alehouse, according to the said Statute. Given under our hands the xiii. of I. in the xxxvi. year of our Reign. ¶ A Licence to keep a Wine Tavern. THis Indenture tripartite, made etc. Between R. E. of W. in the Sect. 555. County of E. gentleman, deputy and assignee of E. H. Esquire, to execute for him, and in his name, the effert of certain authorities to him given by certain letters patents hereafter mentioned on the one party, And I. O. Vintner of R. in the County of Y. of the other party, Witnesseth, that whereas our said Sovereign Lady by her Letters patents dated at H. Court the xxii. day of April, in the xii. year of her majesties Reign, amongst other things in the same letters Patents expressed, hath given and granted full and free liberty, licence, power, and avethoritie unto the said E. H. his deputy and deputies, assignee and assignees, and every of them, that he or they, or any of them, at all and every time and times hereafter, during the life natural of the said E. H. shall and may at his and their liberty and pleasure, and for such considerations and sums of money to be paid to his and their only use, as to him or any of them shall be thought most meet and convenient, give and grant full and free liberty, licence, power, and authority, to such person and persons which now be, or hereafter shall be nominated, assigned, or appointed by writing tripartite indented, between the said E. H. his said deputy or deputies, assignee or assigns on the one party, and every of the same person and persons which now be, or hereafter shall be nominated, assigned, or appointed by the said E. H. his deputy or assignees, or any of them of the other part, whereof every part of the same Indentures shall be sealed and delivered by the said parties. And the one part thereof shall be certified and delivered unto our said Sovereign Lady the Queen's Court of T. to keep a Tavern or Taverns, or to cell and utter, engross and retail Wine and Wines, by the Gallon, or less or greater measure. And that all and every the said person and persons now nominated, assigned, or appointed, or which shall be nominated, assigned, or appointed, as is aforesaid, and every or any of them, shall and lawfully may, during the natural life of any and every of the said person and persons so nominated, appointed, or assigned, or which shall be so nominated, assigned, or appointed, buy, cell, utter, engross, and retail by the Gallon, or lesser or greater measure, all and every good and wholesome Wine and Wines, of what nature, kind, or name soever the same be, in the Cities, Towns, or places, where he or they shall be so assigned or appointed, as is above mentioned, at his and their pleasure, and at, and for what price and prices whatsoever, to his and their most profit and commodity. The Statute made in the seven. year of the late King Edward the sixth, or any other law, statute, proclamation, restraints, limitation of price, or other things whatsoever, to the contrary in any wise notwithstanding: with the further power, licence, liberty, and avethoritie of our said Sovereign Lady, in the said Letters Patents expressed, set forth, and declared in every behalf, and to every intent and purpose, and for the natural lives of such person and persons, as so shall be licensed and authorized by the said E. H. or his said deputy, assignee, or any of them, as by the purport, true intent, signification, and meaning of the said writing tripartite Indented shall be contained and mentioned to be given and granted unto them by the said E. H. or his said deputy or deputies, assignee or assignees, by virtue, force, and avethoritie of the same Letters Patents, as by the same Letters Patents more amply, fully, and at large appeareth. By avethoritie and virtue of which Letters Patents the said E. H. by his writing of deputation, dated the third of May, in the xii. year aforesaid, remaining of Record enrolled in the Court of our said Sovereign Lady in her Chancery, hath constituted, ordained and made the said R. E. his deputy and assignee, of, and for the execution of the same Letters Patents. In accomplishment and execution of which Letters Patents and deputation, and for, and in consideration of a sum of money concluded, agreed &c. by the said I. O. to the said E. H. the said R. E. as deputy and assignee of E. H. and for, and in the name of the said E. H. by force and avethoritie of the said Letters patents, doth by these presents nominate, assign, and appoint the said I O. his servants, deputies, and assignees: And also by virtue of the said Letters patents, as deputy of the said E. H. doth give and grant full and free liberty, licence, power, and avethoritie unto the said I. O. his servants, deputies, and assignees, or any of them, to have, use, and keep one Tavern or Wine seller within the said Town during his natural life, aswell within his mansion house, as otherwise within the said Town, and to buy, cell, utter, engross, by retail, by the gallon, or less, or greater measure, all and every good and wholesome Wine and Wines, of what nature, kind, or name soever the same shall be, at his and their pleasure, at these prices hereafter mentioned: that is to say, French wines, Gascoigne, Guien, Rochel, and such like, as shall not exceed the prices of xuj. pence the gallon, and all other Wines at two shillings the gallon, save only Muskedell, which shall be at two shillings eight pence the gallon, and not above: The said Statute, or any other Law, statute, proclamation, restraint, limitation of price, or other thing whatsoever to the contrary in any wise notwithstanding. All which liberty, licence, power, & authority, our said Sovereign Lady hath promised by the said Letters patents, for her, her heirs & successors, not only that her justices, Barons of the Exchequer, Sergeants at Law, Attorney, and Solicitor general, and other her learned Counsel in the Laws of this Realm, shall and will at all time and times hereafter accept and allow in all and every Court and Courts of Records, and other places whatsoever, as a good and sufficient bar, release, and discharge against her, her heirs and successors: But also the said Letters patents, or the enrolment thereof, and this Indenture tripartite being showed forth, and certified into the said Court of Chancery, shall be a sufficient warrant, to, and for the said I O. by himself, or jointly with others, having the like licence and dispensation from the Queen her heirs and successors, to have his or their Letters patents under the great Seal of England, in more and better due form of Law to be had and made in his and their names, according to the purport and true meaning of these presents, And also the Lord Chancellor, and Lord Keeper of the great Seal of England, and to every of them for the time being, a sufficient and immediate warrant, to make, pass, and deliver the same Letters patents unto the said I. C. under the great Seal of England, without bearing or paying any other charges then only such ordinary fees for writing, examining, enrolling, and insealing of the same, both at the Signet, privy Seal, and great Seal, as heretofore hath ●in accustomed, so there be not above the number of x. persons in any our letters Patents, to whom the same shallbe made or granted. Wherhfore the said I. C. being now licensed to keep a Tavern, and to cell Wines, as aforesaid, doth most humbly require that he may have the Queen's highness letters Patents under the great Seal of England in due form of Law to him to be made, rendered, and granted, according to the purport, tenor, & effect of this present licence, & according to the true intent and meaning of the said Letters patents before in these presents mentioned. In witness whereof aswell the said R. E. with the seal of the said E. H. by him delivered, as his seal of office in this behalf, as the said I. C. to every part of the said Indentures, have set their hands and seals, the day and year abovesaid. ¶ A licence to purchase in mortmain. REx omnibus ad quos praesentes literae pervenerint etc. Sciatis Sect. 556. quod nos de gratia nostra speciali, ac ex certa scientia & mero motu nostris, ac ob amorem quem erga dilectos nobis in Christo Priorem & Conu●tum de R. gerimus & habemus, concessimus & licentiam dedimus, ac per praesentes concedimus ac li●●̄tiam damus pro nobis & haered' nostris quantum in nobisest, praefat' Priori & Conuentui & eorum successor', qd' ipsi & successores de tempore in tempus imposterum, quando eis melius videbitur expedire, terr', tenement', & redit' cum suis pertinent, ad annuum valorem centum librarum vltr● repris. & one●a quaecunque vel infra, de quacunque persona sive de quibuscunque personis ea eis dare, concedere, legare, assignare, vel alienare volenti seu volentibus, licet de nobis in capite vel aliter mediate vel immediate, aut de ipso Priorat sive domo, vel de alijs personis vel persona teneantur acquirere & recipere possint: Habend' & tenen● ' sibi & successoribus suis in domus suae augmentationem sive sustentationem. Et eidem personae sive eisdem personis qd' ipsa vel ipsam terr', tennt, & redit' pndicta praedict' Priori & Conuentui & success. suis ad annuum valorem predict' vel infra, dare, concedere, legare, assignare, vel alienare possint & valeant, Ita semper qd' dicti Prior & conventus vel successores sui infra annum proxim' post hmndi perquisitionem, acquisitionem, & receptionem terrarum & tenementorum praedictorum, ad dictum annuum valorem, vel ad aliquem alium infra eundem sibi & successoribus suis ut praemittitur, fact', dent, & concedant alicui personae sive personis, & haered' suis, cui vel quibus eis placuerit terr' & tennt ipsor̄ Prioris & conventus quae iam habent & possident in iure Priorat sui praedicti tanti annualis valoris existent' ultra omnia onera & repris. quanti eadem terr' & tennt sic per ipsos Priorem & Conuent̄ seu successor' suos adtunc ut praemit perquisit̄ & recept̄ ultra omnia onera & repris. se attingant: Statuto de terris & tenement' ad manum mortuam non ponendis, aedito, sive aliquo alio statuto, actu, sive ordinatione inde in contrar fact', ordinat, sive proviso in aliquo non obstante. Nolentes qd' praed' Prior & conventus vel successores sui, aut praed' personae, aut dicta persona vel haered' sui vel eor aliqui pernos, vel haered' nostros, Iusticiar', Eschaetores, Vicecomites, Coronatores, aut alios Balliuosseu ministros nostros, seu dictor haeredum nostrorum vel successorum nostror quorumcunque, ratione praemissorum vel eor alicuius molestentur, inquictentur, seu graventur, nec corum aliquis molestetur nec in aliquo gravetur: Et hoc absque fine seu feodomagno vel parvo in hanaperio Cancellar' nostrae vel alibi, ad op●●Punc●● nostrum ꝓ praemissis, vel aliquo praemissorum soluend' vel faciend': Et absque aliqua inquisitione sive inquisitionibus inde, praetextu, vel virtute aliquarum commission̄ nrar, haered' vel successorum nostrorum, seu alicuius brevis nostri haeredum vel successor' nostrorum in dictam Cancellariam nostram haeredum vel successorum nostrorum seu alibi retornand', & absque aliquibus alijs literis nostris haeredum vel successorum nostrorum patentibus in hac part habend', impetrand', seu prosequend': aliquo statuto, actu, ordinatione, prouisione, restrictione, sive mandato inde in contrariumante haec tempora fact' in pnsenti minime fact' existit, aut aliqua alia, re, causa, vel materia quacunque in aliquo non obstantibus. In cuius rei testimon̄ etc. ¶ A Licence to cell Ale. W. K. and E. D. two justices of the peace of our Sovereign Sect. 557. Lady the Queen in the County of W. To all bailiffs, Constables, & other the Queen's majesties Officers, greeting in our Lord God everlasting. Know ye that we the said W. K. and E. D. have licenced, and by these presents do licence G. I of etc. to cell Ale in his house at G. aforesaid, for one whole year next ensuing the date hereof: And have bound him by Recognisance with sureties to the Queen's majesties use, that they shall maintain good rule, and not to use any unlawful games or meetings in his house, but to do according to the statute provided in that behalf. In witness whereof we have subscribed our names, and hereunto have put our seals the etc. In the xxxiiii. year of etc. ¶ A Licence to keep an Alehouse. TO all justices of peace, Majors, Sheriffs, bailiffs, & all other Sect. 558. the Queen's majesties Officers and subjects to whom it may appertain, I W. by the sufferance of God Bishop of etc. R. and P. Esquires, two justices of the peace of our Sovereign Lady the Q. Majesty in her highness County of G. sendeth greeting in our Lord God everlasting. Know ye, that we the said justices, of good and credible report to us made, aswell by men of worship as by other honest persons, That I. W. of etc. is a man meet to keep a common Alehouse in the house where he now dwelleth, have licenced, allowed, and admitted, and by these presents do licence, allow, and admit the said I W. to keep a common Alehouse or Tippling house at M. aforesaid for one whole year next ensuing the date hereof, so that the said I W. suffer not any unlawful games to be used within his said house, nor any evil rule or order to be kept within the same during the time of the said licence, for the using of which licence accordingly, we do you to wit, that we have bound the said I W. and two other sufficient sureties in a C. s. a piece by Recognisance to the Queen's majesties use. In witness whereof etc. ¶ A Licence to Beg. I. T. T. C. and I I. Esquires, justices for the conservation of the Sect. 559. peace of our Sovereign Lady the Queen's Majesty within the County of etc. assigned, greeting: Whereas the bearer hereof M. N. of B. in the said County, being a very poor man and blind, by reason whereof he is not able to labour, nor yet to live of himself without the charitable relief of others, and being now resident in the said town is therefore now to be relieved. And being likewise informed that the said town is at this present charged with more poor and impotent folks than it is well able to relieve: Know ye therefore, that we the said justices have licensed and allowed the said poor man and his leader to go abroad to beg, gather, and receive the charitable alms of well disposed people, inhabiting within the hundred of etc. in the said County, requiring you not to molest or trouble the said poor man or his leader for so doing, but desiring you rather to relieve them in their necessity as to you shall seem meet. This our licence to remain in force one whole year next ensuing the date hereof. In witness etc. ¶ A licence to beg out of the Town where he dwelleth. TO all Constables, Bailiffs, tithingmen, & all other the Queen's Sect. 560. majesties Officers within the County of N. greeting. Know ye that we W. K. R. P. and T. H. Esq. three justices of the peace within the said County, being not only advertised, but also of our own knowledge do partly understand, that there are more impotent people abiding & inhabiting within the said borough of M. then the inhabitants of the same are well able to found & relieve: In consideration whereof, for the ease of the said Borough we have authorized and licensed, & by these presents do licence I. O. one of the said poor folks to go abroad out of the said Borough unto G. and C. within etc. aforesaid, and there within the said parish to ask, beg, & crave the charitable alms and devotion of the good and well disposed persons within the same Towns, from time to time towards his aid, succour, & relief, so that he do not any thing hereby repugnant or contrary to the Laws and Statutes of this Realm in such cases late made and provided. In witness etc. ¶ A licence to buy Hats and Caps beyond Seas, and to cell them in England. RIght Reverend father in God, right trusty, & right well-beloved, Sect. 561. we greet you well, letting you wit, That we of our special grace for certain considerations us moving, have given & granted licence unto our well-beloved subject I. H. of our City of L. attending upon our Court with haberdashery wares, that he by himself, his servants, factors, or atturneiss, denizens, or strangers, shall purvey & buy at one time, or divers times, aswell within this our Realm, as in the parts of beyond the Sea, the number of 500 dozen of Caps, & the number of one hundred dozen of Hats, made & wrought in the said parts of beyond the Seas, of what making soever they be. And the said Hats & Caps to cell unto us & our servants, and to other persons repairing to our said court, without any manner of penalty, forfeiture, or any other loss to be had or sustained in that behalf: any act, statut, provision, or ordinance made to the contrary notwithstanding. Provided always, that we be duly answered of our customs & duties for all the Caps and Hats as occasion is. Wherhfore we will and command you, that under our privy Seal being in your keeping, ye address hereupon our letters unto our Chancellor of England, commanding him by the same, that under our great Seal being in his keeping, he do thereupon our Letters patents to be made in due and effectual form, and these our letters shall be herein your warrant. Given under our Signet at our manor of etc. the viii. day of December, the sixth year of our Reign. ¶ A Licence or Passport. SIr I. S. of R. within the county of O. knight, one of the queens Sect. 562. majesties justices of peace within the said county, To all justices of Peace, majors, bailiffs, Constables, & all other her majesties officers & ministers whatsoever, sendeth greeting in our Lord God everlasting. Forasmuch as the bearer hereof E. P. widow, being brought into great poverty and necessity, aswell by the late death of her husband, as otherwise, hath desired licence to travel into the city of B. whereas one E. P. porter and brother to her said husband inhabiteth, by whose goodness she hopeth greatly to be relieved and helped: In consideration whereof, know ye me the said sir I. S. to have licensed the said H. P. to travel and pass the direct way from H. within the County of F. whereas she lately dwelled, unto the said city of B. together with her two little children, so as her journey be not of longer or further continuance than xx. days next after the date hereof, praying you and every of you to permit, & also to aid and relieve and assist the said E. in her journey, so that she show herself in no respect offensive to her majesties Laws. In witness etc. ¶ A licence to make a Park within the liberty of a Forest. REgina omnibus ad quos etc. salutem. Sciatis quod nos de gratia Sect. 563. nostra speciali, ac ex certa scientia etc. concessimus & licentiam dedimus, ac per praesentes pro nobis, haeredibus, & successoribus nostris concedimus & licentiam damus dilecto nostro I D. de D. in comitat' nostr' C. armig', quod ipse, haered', & assign' sui imperpetuum, habeant liberam warrenn̄ & libertat parci, ac omnia quae ad liberam ●arrenn̄ & libertat parci spectant & pertinent in oibus dominicis ter● si is manerij sui de D. in dicto comit' nostro C. ac in oimbus terr', prat̄, pastur', & hereditament̄ suis, cognit per nomen vel ꝑ nomina de etc. licet terr' illae sint infra metasalicuius forestae vel chasiae nostrae: Ita qd' nullus custos, balliws, nec aliquis alius officiar nostrorum, haeredum, vel successorum nostrorum forestae nostr' de etc. in dicto comitatu nostro C. nec eorum deputatus, vel deputati, seruiens, aut seruientes, vel aliqu●s alius, seu aliqui ali ●intrent terr' illas ad aliquid fagand' vel capiend' qd' ad warrenn̄ & parcum pertineat, sine licentia & voluntate ipsius I haered' & assignatorum svorum, sub forisfactura nobis decem librarum. Quare volumus & pro nobis, haeredibus, & successoribus nostris firmiter praecipimus, quod praedict' I haered' & assignat' sui imperpetuum habeant liberam warrenn̄ & libertat parci, in omnibus predict' dominicis, terr', prat̄, pascuis, pasturis, & haereditament̄ suis in D. praedict', ac in eaeter praemiss. licet teir ' illae sint infra metas alicuius forestae vel chasiae nostrae: Ita quod nullus custos, balliws, nec aliquis alius officiar nostr' haeredum vel success. nostrorum forestae de etc. praedict' in dicto come nostro C. nec eorum deputat' vel deputati, seruiens aut seruientes, nec aliquis alius, vel aliqui alij intrent terr' predict', aut aliquam inde parcell' ad fugand', c●piend', vel reducend' damas, lepores, cuniculos, phasianos, perdices, vel aliquid aliud quod ad warrennam & parcum pertineat sine licentia & voluntate ipsius I haered' & assignatorum suorum, super forisfacturam decem xslibrarum. Ac ulterius de uberiore gratia nostra damus, & pro nobis, haered', & successoribus nostris concedimus praef. I. haeredibus & assignatis suis, quod ipse, haerod', & assignat' sui imperpetuum sint immunes & liberi. Et quod oina & singula praemissa sunt & erunt immunia & libera ab omni jurisdictione, praescription̄, comptrollament̄, consuetudin̄, libertat, privilegio, ingressu, venation̄, fugatione, etc. ¶ A licence to teach a Grammar School. T. By the permission of God Archbishop of Y. Primate and Metropolitan Sect. 564. of etc. To all true Christian people to whom these presents shall come to be seen, read, or heard, sendeth greeting in our Lord God everlasting. Know ye, that we have examined W. W. whom we found to be sufficiently instructed for his learning and knowledge of the Latin, Greek, and Hebrew tongues, and likewise of good and honest behaviour: Wherhfore we have admitted & authorized him to teach School in any place throughout the whole Diocese of Y. requiring you so to take and accept him so long, as he shall honestly behave himself, and virtuously educate and bring up the youth of your parishes, or unto such time as ye shall be otherwise commanded, if by any occasion the matter shall so fall out. In witness whereof to these presents we have caused the Seal which we do use in this behalf to be put. Given the xxv. day of june, Anno domini 1567. ¶ Licentia ad erigendam Scholam Grammaticalem & Cantus in R. cum appropriatione Ecclesia, & confirmatione Decani etc. EDWARDUS Dei gratia Rex Angliae & Franciae, & Dominus Sect. 565. Hiberniae, Omnibus ad quos praesens literae pervenerint, salutem. Sciatis qd' nos de gratia nostra speciali, & ad humilem supplicationem Reverendissimi patris T. R. Ebor' Archiepiscop̄ Cancellar' nostri Angliae, pro quodam fine, seu quadam pecuniae summa nobis per eundem Archiepiscopum prae manibus solut̄, concessimus & licentiam dedimus, ac per praesentes concedimus, & damus licentiam pro nobis & haeredibus nostris quantum in nobis est, praef. Archiepiscopo, quod ipse (aut ipso defuncto) executores & assignat' sui, aut eorum aliquis vel aliqui, ad laudem honorem, & exaltationem gloriosissimi nominis Domini nostri jesu Christi salvatoris nostri quoddam Collegium perpetuum, pro futuris perpetuis temporibus duratur, de uno Praeposito verbi Dei praedicatore, & duobus socijs, uno videlicet eorum Magistro sive idoneo informatore in Grammatica, altero vero instructore idoneo in Cantu, seu pluribus alijs socijs, si & prout proventus & facultates eiusdem Collegii imposterum forsan ampliari, & ad id sufficere contigerint regend' & gubernand', juxta ordinationem & constitutiones inde, ꝓut infrascribitur faciend' & ordinand', ad praedicand' verbum Dei in parochia de R. in comitatu Ebor', ac alijs locis infra dioces. Ebor'. Et ad informand' Scholares quoscunque, Grammatic' seu Cant̄ addiscere cupientes undecunque in Regno Angliae, & praecipué de dioces. E ad pndictum Collegium se conferentes in regulis & institutis Grammatic' & Cantus gratis, absqué pecuniae aut alterius rei exactione: Necnon ad celebrandum & orandum imperpet●um pro salubri statu nostro & Elizab. praedilectae consortis nostrae, ac charis●imi filij nostri primogeniti Edwardi Principis Walliae, caeterorumque liberorum nostrorum dum vixerimus, & special' dicti Archiepiscopi & benefactorum suorum dum vixerit, ac ad alia misericordiae & pietatis opera faciend' & exercend', juxta ordinationem & constitutiones per memoratum Archiepmm, aut executores & assignatos s●os predicto●, aut eorum aliquem in hac part faciend' & ordinand', super quo ●dam solum seu situm ipsius Thom̄ Archiepiscopi, iacensi● villa de R. praedict': Quod quidem solum continet in longitudine etc. Et in latitudine inter clausum etc. facere, fundare, erigere, creare, & stabilire possit & valeat, seu possint & valeant futuris temporibus duratur. Et quod Collegium illud cum sicfundatum, erectum, & stabilitum fuerit, Collegium jesu de R. nuncupetur & appelletur imperpetuum. Quodque Praepositus & socij huiusmodi Collegij praedicti, & successores sui Praepositi & socij Collegij jesu de R. imperpetuum vocentur & nuncupentur, sintque unum corpus in re & nomine incorporat̄ atque perpetuam ha beant successionem: Necnon Sigillum commune proscriptis & literis facta & negotia eiusdem Collegij, atque ipsorum Praepositi & sociorum eiusdem concernent consignandis & sigillandis. Et quod sint personae habiles & capaces in lege, per nomen & sub nomine Praepositi & sociorum Collegij jesu de R. ad perquirendum & recipiendum terras & tenementa, reditus, seruitia, annuitates, decimas, oblationes, & alia quaecunque emolumenta, obuentiones, iura, & possessiones, tam temporalia, quam spiritualia cum pertinentijs de praefato Thom̄ Archiepiscopo, & de quacunque alia persona sive quibuscunque alijs personis, ea, sibi, vel successoribus suis, dare, legare, concedere, vel assignare, volenti vel volentibus. Habendum & tenendum sibi & successoribus suis Praepositis & socijs Collegij praedicti in feodo & perpetuitat. Ac etiam quod ijdem Praepositus & socij eiusdem Collegij pro tempore existent', per nomen & sub nomine Praepositi & sociorum Collegij de R. placitare possint & implacitari, ac prosequi omnimodas actiones reales, personales & mixtas, sectas, causas, quaerelas, & demanda cuiuscunque generis fuerint vel naturae, in quibuscunque curijs & locis, coram quibuscunque justiciarijs & judicibus spiritualibus vel temporalibus, seu alijs personis quibuscunque, ac in eisdem agere, defendere, respondere, necnon omnia alia facere & recipere, prout & codem modo quo caeteri ligei nostri personae habiles & capaces infra idem Regnum nostrum placitant & implacitantur, respondent & defenduntur, seu implacitare aut implacitari, respondere seu defendi debeant & tenent. Ac etiam de gratia nostra speciali concessimus, & licentiam dedimus atque concedimus, & licentiam damus per praesentes, pro nobis et haeredibus nostris quantum in nobis est praefato Thom̄ Archiepiscopo praedicto, quod ipse (aut ipso defuncto) executores et assignati sui, aut eorum aliquis, vel aliqui, postquam Collegium praedictum sit factum, fundatum, erectum & stabilitum fuerit, solum & scitum praedict' cum pertinentijs, ꝓut limitant̄, quae de nobis immediate non tenentur dare possit aut possint praefat' Praeposito & socijs Collegij antedicti, & successoribus suis: Habend' & tenend' sibi & successoribus suis Praepositis & socijs eiusd' Collegij imperpetuum, pro situ & constructione, ac primaria fundatione eiusdem Collegij, ac inhabitatione dictorum Praepositi & sociorum eiusdem Collegij & successorum suorum: Ac eisdem Praeposito & socijs, cum successoribus suis, qd' ipsi solum & fitum praedict', a praefat' Archiepiscopo, executoribus & assignatis suis, seu eorum aliquo recipere & tenere possint eis & successoribus suis praedictis ut praedictum est imperpetuum tenore praesentium licentiam damus specialem, absque aliquo fine & feodo pro praesentibus literis, vel alijs literis superinde conficiendis, ad opus nostrum vel haeredum nostror capiend' seu soluend, seu faciend', Et absque aliqua inquisitione virtute alicuius brevis nostri de Ad quod dampnum, seu alicuius alterius-mandati nostri in hac part cap●end' & prosequend', & absque aliqua alia licentia nostra, seu alijs literis nostris patentibus eye in hac part concedend' vel faciend': Statuto de terris & tenementis ad manum mortuam non ponendis, aut eo quod expressa mentio de vero valore annuo soli & situs praedictorum in praesentibus minime fact' existit aut aliquo alio statuto, actu, ordinatione, prouisione, seu restrictione in contrarium fact', aedita, & ordinata, aut aliqua alia re, causa, vel materia non obstante. Et ulterius de uberiori gratia nostra concessimus, & licentiam dedimus atque concedimus, & licentiam damus per praesentes, pro nobis & haeredibus nostris quantum in nobis est praefat' T. Archiepiscopo, ac executoribus & assignatis suis praedict', necnon alijs personis quibuscunque, quod ipsi & eorum aliqui vel aliquis aut aliqua, cum collegium praedict' sit factum, fundatum, & erectum fuerit, terras, tenementa, reditus, seruitia, annuites, & alias possessiones quascunque cum pertin', ad valor̄ annuum centum Marcarum ultra repris licet ea de nobis seu haered' nostris, aut alijs ꝑ seruic' Militar̄, aut alio modo immediate teneantur in Capite, dare, legare, concedere, seu assignare possit & possint praefat' Praeposito & socijs Collegij antedicti & successoribus suis. Habend' & tenend' sibi & successoribus suis Praepositis & socijs eiusdem Collegij imperpetuum, ad sustentationem suam, & alijs pietatis opera, juxta ordinationem & constitutiones, per ipsum Thomam Archiepiscopum, vel executores seu assignatos suos, aut eorum aliquem inde faciendam & ordinand', faciend', & supportand'. Et eisdem Praeposito & socijs, quod ipsi & successores sui praedict eadem terr●●, tenements, redii, seruio ', annuitates, & possessiones supradict', ad annuum valotem praedict' ultra repr●s. á praefat T. Archiepiscopo aut executoribus suis, seu assignatis suis, & coeteris personis predict', seu eorum aliquo vel aliquibus, aut aliqua perquirere & recipere possint. Habendum & tenend' eisdem Preposit & socijs & successoribus suis imperpetuum, ad sustentationem suam, & alia pietatis opera ut praemittitur faciend' & supportand' imperpetuum. Similiter concedimus & licentiam damus specialem absque impetitione, impedimento, perturbatione, seu gravamine nostri, vel haered' nostro●●̄, Iusticiar', Eschaetor, Vicecom, Coronat, Ballivorum, aut aliorum Officiariorum & Ministrorum nostrorum, vel dictorum baeredum nostrorum quorumcunque, & absqué alio fine & feodo pro praesentibus literis, vel alijs literis superinde conficiend', ad opus nostrum, seu haered' nostrorum capiend', soluend', seu faciend', Et absque aliqua inquisitione virtute alicuius brevis nostri de Ad quod dampnum, seu alicuius alterius mandati nostri in hac part capiend' & ꝓsequend', & absqué aliqua alia licentia nostra, seu alijs literis nostris patentibus eye in hac part concedend' vel faciend': Statuto de terris & tenementis ad manum mortuam non ponendis, aut eo quod expressa mentio de vero valore annuo terrarum, tenementorum, redituum, seruitiorum, annuitatum, & possessionum pndictorum, aut eorum alicuius in praesentibus minime fact' existit, aut aliquo alio statuto, actu, ordinatione, ꝓuisione, seu restrictione in contrar̄ fact̄, aedit, seu ordinat, aut aliqua alia re, causa, vel materia quacunque non obstante. Nos insuper ultra praemiss. de gratia nostra speciali, ad supplicationem predicti Archiepiseopi Cancellarij nostri, ●d laudem & honorem gloriosissimi nominis domin' nostri jesus Christi●Punc● concessimus, & licentiam dedimus, ac per praes●ntes concedimus & licentiam damus pro nobis & haeredibus nostris quantum in nobis est, praedict' Archiepiscopo, quod ipse (aut ipso defu●cto) executore● & assignati suin, aut eorum aliquis vel aliqui, postquam Collegium predict'. sic fundatum, erectum, & stabilitum fue●it, Ecclesiam p●rochialem de Laxton in comitatu N. suae dioces. ad praesentationem seu collationem suam spectant, cum suis iuribus & pertinent quibuscunque, ac advocationem eiusdem Ecclesiae laicali person̄ memorat T. Archiepiscop̄ pertinent' & perquisit̄, licet de nobis immediate teneatur, dare, concedere, assignare, appropriare, unire, & incorporare possit Praeposit & socijs Colleg ' pndict̄ & successoribus suis Praeposit & socijs dicti Colleg ': Habend' & tenend' eidem Praeposito & socijs & successoribus suis imper petuum ad proprios vs●s, ad sustentationem suam, & al●a pietatis opera, juxta ordinationem & consti●utiones per ipsum Thom Archiepiscopum, vel executores seu assignato● fuos, aut eorum aliquem inde faciend' & ordinand', faciend' & supportand'. Ac eisdem Praeposito & socijs, & successoribus suis Praeposit & socijs Collegij praedict', quod ipsi advocationem & Ecclesiam praedict', cum suis iuribus & pertinentijs quibuscunque, a praefat' Archiepiscopo, executoribus & assignatis suis seu eorum aliquo re●ipere, & Ecclesiam illam appropriare, & 〈◊〉 appropriat̄ in ●ppries usus ●ehere possit ad suste ntationem suam, & ali● pietatis opera ut praemittitur faciend': Similiter tenore praesentium licentiam damus specialem absque impetitione nostri, vel haeredum nostrorum, Iusticiar', Eschaetor, Vicecom, aut aliorum Ballivorum, seu Ministrorum nostrorum, vel haeredum nostrorum quorum cunque. Et absqué fine seu feodo pro presentibus literis nostris, ad op●● nostrum capiend' seu soluend', & absque aliqua inquisitione virtute alicuius brevis nostri de Ad quod dampnum, seu alicuius alterius mandati nostri in hac part capiend' vel ꝓsequend', & absque aliqua alia licenti● nostra, seu alijs literis nostris patentibns eis in hac part concedend' vel faciend': Statuto de terris & tenementis ad manum mortuam non ponendis, aut aliquo alio statuto, actu, ordinatione seu ꝓuisione inde in●●ontrariū facta, aedit, seu ordinat, non obstante. Dum tamen dict' Eccles. parochialis de L. per idoneum Vicar̄ ibidem sufficient̄ dotat vel dotand' deseruiat, ac quod competens pecuniae summa inter pauperes parochianos ibidem ●nnuatim distribuatur. In cuius rei testimonium has literas nostras fieri socimus p●tentes. Teste me ipso apud Westm xxij. die ●●. anno Regni nostri xxij. In quorum omniumi & singulorum praemissorum fidem & ●estimonium praesent̄ literas sigilli nostri appensione roborari fecimus atque communiri. Dat' in hospicio nostro i●xa Westmonaster̄ primo die Feb. Anno Domini 1482. Et nostrae translation●● te●●ib. Et nos Rob. De●anus & Capitulun Ecclesiae Cathed' Deat̄ Petri Ebor', in domo nostra Capi●ular̄, una cum praefat' Reverendissimo patre de dict' fund', fundation̄, erection̄, creatione, statur, & ordination̄ solempnem & diligentem tractatum habent, prout defacto hab●●mus, juxta juris exigentiam in hac part requisit̄, ad praedict' fund', fundationem, erectionem & creationem: Necnon voluntat, statur, ordinationem, vocationem, n●ncupationem, appellationem, deputationem, institutionem, inductionem, investationem, mutationem, diminutionem, interpretationem, dationem, concessionem, assignationem reseruationem, praese●tationem, devolutionem, admissionem, iurament̄, obligationem, praedicationem, c●lebrationem, decantationem, residenc', administrat onem, dispensationem, regimen, informationem, instructionem, exemptionem exclusion̄, limitationem, licenc', concessionem, & dationem: Ac decret̄ penes sequestrationem, excommunicationem, denunciationem, amotion̄, remotion̄, subrogationem, reseruationem, aeditionem, conditionem, emendationem, reformationem, mandat, approbationem: Insuper ratificationem, confirmationem, etiam obseruationem, arctationem, obligation̄, onerationem, & caetera praemissa omnia & singula per praefatum Reverendissimum in Christo patrem Archiepiscop̄ Primatem & Legatum antedict', ac per cum, prout super recitantur fact' nostros aster sum & consensum express. praebemus: Ac eisdem omnibus voluntary assentimus, praemissaque omnia & singula quatenus processerint, Rata & gtata habemus pariter & accepta, ac eadem omnia & singula quatenus ad nos attinet, & de iure possumus ●t que debemus, ad omnem juris & perpetuitatis effectum qui exinde sequi poteritaut debebit, pro perpetuo scienter & notorie & unanimit collaudamus approbamus, ratificamus, & confirmamus per praesentes. In quorum omnium fidem atque testimonium, sigillum nostrum commune praesentibus est appensum. Dat' Ebor' in domo nostra Capitulari vicesimo die mensis julij, Anno Domini 1584. ¶ A Petition to the Parliament for the erection and incorporation of a School. EDwardus sextus dei gratia Angliae, Franciae, & Hiberniae Rex, fidei Sect. 566. defensor, & in terra Anglicana Ecclesiae & Hiberniae supremum caput, Omnibus ad quos praesentes literae pervenerint salutem. Inspeximus quoddam breve nostrum de Certiorand ' I. M. Militi Clerico Parliament nostri direct', & in filat Cancellar' nostrae resident in baec verba. Edwardus sextus dei gratia Angliae, Franciae, & Hiberniae Rex, fidei defensor, & in terra Ecclesiae Anglicanae & Hibernicae suprem caput, dilecto & fidelisuo 1 M. Militi Clerico Parliamentorum suorum, vel eius deputato ibidem salutem. Volentes certis de causis certiorari super tenorem cuiusdam Actus in Parliamento nostro apud Westm twenty-three. die ja. ultimo praeterito, & ibidem continuat usque ad quintum decimum diem Aprilis etiam ultim praeterit, concernent quendam actumin eodem Parliament̄ pro erectione liberae Scholae in P. in Commit Ebor' nuper aedit: Vobis maudamus, quod tenorem actus praedict' nobis in Cancellar' nostra sub sigillo vestr distinct & apart mittatis, & hoc breve. Teste me ipso apud Westmonaster̄ primo die julij, Anno regni nostri sexto. Inspeximus etiam quendam actum Parliamenti, in Parliamento nostro apud Westm tent', aedit, & in filatijs eiusdem Cancellar' similiter resident in haec verba. In Parliamento inchoato & tento apud Westm quarto die Novemb. anno potentissimi Principis Edwardi sexti dei gratia Angliae, Franciae, & Hibernicae Regis fidei defensor, & in terro Ecclesiae Anglicanae & Hiberniae supremi capitis primo, Et per varias prorogationes continuat usque in twenty-three. diem janu. anno quinto eiusdem domin' Regis, in quarta, viz. & ultima Sessione eiusdem Parliamenti, inter alia multa commun omnium procerum & populi assensu sancit & stabilit, & inactitat fuit hoc praesens Statutum pro erectione liberae Scholae in P. in Com̄ E. ad verbum prout sequitur. In most humble wise complaining showeth unto your most excellent Highness, your Orator and faithful subject T. D. of Greyes' Inn: That whereas one I D. deceased Doctor of the Laws, for the zeal and love that he had to his Country, and to the education and bringing up of youth in virtue and learning, gave, granted, confirmed, and assured certain lands and tenements in the County of Y. of the clear yearly value of fifteen pounds, above all charges and reprises, unto the Master, fellows, and Scholars of S. john's College in C. to have and to hold to them and their successors for ever, to the intent, that they the said Master, fellows, and Scholars, and their successors for ever, should remain and keep in their College five Scholars that had been brought up in the Grammar School, freely erected by the said I. D. in P. in your Grace's County of Y. for ever, in such manner and form, as is is contained in a deed of composition quadripartite Indented of the said I. D. bearing date the first day of September, in the year of our Lord God 1515. and in the seventh year of the Reign of the late king of famous memory Henry the eight, being made to the said Master, fellows, and Scholars, as more plainly doth and may appear. And amongst the provisions, grants, articles, and agreements of the said composition it is contained, That the Master, Wardens, and brethren of a certain Fraternity and Guild in P. aforesaid, founded there by the said I. D. by the licence of the said late King of famous memory H. viii. should always when the said Scholars rooms, or any of them fortuned to be void by death, resignation, forfeiture, or otherwise have the election, nomination, and appointment of a Scholar, or so many Scholars as then might, or would supply the room or rooms of the said Scholars then being vacant or voided in the said College. And that the said Masters, Fellows, & Scholars of saint john's College should always give knowledge unto the Masters, Wardens, and Brethrens of the said Guild, when any such avoidance should happen to fall by any the means aforesaid, within a certain time appointed within the said composition, as therein more plainly appeareth. And now most gracious Sovereign L. by reason of the Statute made in the first year of your most noble reign, for the dissolution of chantries, Colleges, free Chapels, Guilds, and Fraternities, although the meaning of the matters of the said Statute was not to hurt, altar, or change any such good and godly foundations, made only for the increase of learning, but rather to fortify, augment and enlarge such godly foundations and ordinances: yet that notwithstanding, the said fraternity and Guild only founded for the godly intentes aforesaid, by the said Statute made for the dissolution of Chantries, Fraternities and Guilds, as is aforesaid, colourably under the pretence of Fraternity superstitiously used, is no we dissolved and taken away, and by the means thereof the benefit and preferrment which the Scholars of the said free School in P. aforesaid have always had sithence the said foundation made, is likely to be clearly gone and taken away, most contrary to the meaning and good intent of the said godly ordinance & foundation. And yet the said College of Saint I. at this day is possessed and seized of the said lands & tenements, given only for the intents and purposes aforesaid, which thing is like to ensue to the great displeasure and loss of the inheritance of the said Town of P. and of all the Country there, unless it shall please your Majesty, that the said godly ordinance may be perfited, recontinued and established by some good and godly devise and ordinance. And whereas your said Orator is seized in his demean as of fee, aswell of the schoolhouse of the said free School, as also of all the lands and tenements purchased by the said I. D. Doctor of the Laws for the maintenance of the said free grammar School, without any use declared, And no other devise as yet made for the more perfect continuance of the said free grammar School, so that if your said subject should chance to die, whereof he is most assured, it is not certain that the said lands shallbe employed unto the use & godly intent aforesaid, as heretofore they have been. May it therefore please your most excellent highness, tenderly considering the premises, that it may be enacted with the assent of the Lords spiritual & temporal, & the commons in this present Parliament assembled, and by the authority of the same, in manner and form following. First that it shall and may be lawful unto the said Master and Fellows of the said College of Saint I. in C. and their successors for ever, to nominate and appoint one discreet & well learned man to supply the room of the Schoolmaster of the said free grammar School. And that it shall be lawful for the said Schoolmaster, with the Churchwardens of the Parish Church of P. aforesaid, to nominate & appoint one sufficient learned young man to be the usher of the said free grammar School. And that as often as the said Schoolmasters room shall fortune to be voided by death, resignation, or otherwise: that then it shall be lawful for the said Masters and Fellows of S. I. College. and their successors for ever, to nominate and appoint one discreet and well learned man, as is aforesaid, to supply the room of the said Schoolmaster then being voided. And in like manner & as often as it shall fortune the said Ushers room to be voided by any the means aforesaid: that then it shall be lawful for the said Schoolmaster & Churchwardens, & their successors for ever, to nominate & appoint one well and sufficiently learned young man to supply the room of the said usher then being voided. And that the said Master and Usher for the time being for ever, shall by the authority of this present Parliament be incorporated by the name of Master and Usher of the said free grammar School of P. And that they and their successors, shall have perpetual succession in the same for ever. And that the said Schoolmaster & usher of the said free school of P. aforesaid for the time being, shall be enabled by th'authority of this present Parliament, to receive to them and their successors in perpetuity for ever, of the gift and grant of the said T. D. or of any other person or persons, lands, tenements, annuities, and rents of the clear yearly value of xx. l.. and not above, for the exercising and using of the said room & rooms of the Schoolmaster & Usher, of the said free grammar School. And that the said Master, & Usher, and either of them and their successors, and the successor of either of them, shall and may be enabled by the authority aforesaid to sue and be sued, to implead and to be impleaded, for any matter or cause concerning the said lands, tenements, annuities, and rents, or any parcel thereof, by the name of Master and Usher of the said free grammar School in P. aforesaid. And that from henceforth as often as the said five Scholars rooms, or any of them within the said College of Saint I. shall fortune to be voided by any the means abovesaid: that then it shall and may be lawful unto the said Master of the said free Grammar School in P. and his successors for ever etc. Nos autem tenores brevis & actus praedict', ad requisition T. D. gen de Greis Inn, duximus exemplificand' per praesentes. In cuius rei etc. Teste meip so apud Westm 6. julij, Ann regni nostri sexto. ¶ A Licence of alienation of lands holden in Capite. ELizabeth Dei gratia etc. Omnibus ad quos praesentes literae pervenerint Sect. 567 salutem. Sciatis quod nos de gratia nostra speciali, ae ꝓ tribus libris & x. s. nobis solut̄ in hanaperio nostro concessimus, ac licentiam dedimus, ac per pnsentes concedimus, ac licentiam damus pro nobis & haeredibus nostris quantum in nobis est, dilecto nostro E. F. quod ipse totam medietat manerij C. cum ꝑtinentijs, ac quadraginta mesuag', viginta cotag', quadraginta gardin̄, quinquagint̄ acr terre, quadraginta acr prati, trecent̄ acr pastur', xxx. acr bosci, trecent̄ acr morae, & viginti libr' redit' cum pertin●̄tijs in W. & alibi in comitatu nostro N. eidem medietat pertinent sive spectant, parcell' de reputat aut accept̄ existent per R. D. & I F. quae de nobis tenentur in Capite, dare possit & concedere, alienare, vendere, barganizare, feoffare, warrantizare, aut cognoscere per finem in curia nostra coram justiciarijs nostris de communi banco, aut aliter, seu aliquo quocunque modo dilecto nobis E. Habend' & tenend' eidem E. haeredibus & assignatis suis de nobis & haeredibus nostris ꝑ seruitia inde debita & de iure consueta imperpetuum. Et eidem E. quod ipse medietat manerij praedict', ac caeterorum praemissor̄ cum pertinent a praefat' I. recipere possit, & tenere sibi, haered', & assignatis suis de nobis & haeredibus nostris per seruitia praedict' imperpetuum, sicut praedict' est, tenore praesentium similiter licentiam dedimus ac damus specialem: Nolentes quod praed' I. aut haered' sui, vel praedict' E. haeredes vel assignat' sui praed', ratione praemissorum, per nos, haered', vel successor' nros, Iusticiar', Eschaetor, Vicecom, Ballivos, aut alios Officiar seu ministr̄ nostros haered', vel successorum nostrorum quousque inde occasionentur, molestentur, perturbentur, vexentur in aliquo, seu graventur, aut corum aliquis occasionetur, molestetur, perturbetur, vexetur in aliquo seu gravetur. In cuius rei testimonium has literas nostras sieri fecimus patentes. Teste me ipsa apud Westmonast. ultimo die etc. ¶ A Licence for Brokers or Badgers of Corne. Quinto die Aprilis, Anno Regni Eliz. Reginae xxxuj. AT the general Sessions of the peace holden at G. in the County Sect. 568. of S. the day & year above written, T. B. of F. in the county aforesaid, is licensed and appointed by the justices of the peace of the said County to be a common Badger, Lader, Keedar, carrier, buyer, or transporter of all manner of Corn or Grain in any Market or Fair within the Realm of England: And the same so bought to convert to meal, and the same to carry to the City of London, or the suburbs of the same, or to any other Market or Fair, so that he use and occupy the same, according to the tenor and true meaning of the statute lately made in the v. year of the reign of our Sovereign Lord king Ed. the 6. against Regrators, Forestallers, & Engrossers, and not otherwise. The same licence to have continuance from the date hereof, until the next general Sessions of the peace after the feast of E. next coming to be holden etc. In witness whereof the justices of the Peace of the said County, whereof th'one is of the Q●orum, being present at the said general Sessions, whose names be under written, have signed and sealed this present Licence with their proper hands and seals, the day and year above written. Dated at G. the said 5. day of A. etc. ¶ A grant of a Licence to transport Wool. REx omnibus ad quos etc. Salutem etc. Sciatis quod nos de gratia Sect. 569. nostra speciali, ac ex certa scientia & mero motu nostris, dedimus & concessimus, & per pnsentes damus & concedimus dilecto subdit nostro R F. licentiam, qd' ipse, assign', vel assignat' sui, factor siue factor̄ sui, possit sive possint portare & reportare quolibet anno durant termino sex annorum immediaté post dat' praesentium, ducent petr̄ lanae sive lanarum extra terr' nostram Hiberniae, ad aliquam portum sive crecam in regno nostro Anglie, ad libitum ipsius R. assign', vel assign' suorum, fact' siue factor̄ svorum, soluend' customas & alia on era inde nobis debit'. Mandamus etiam omnibus & singulis Maioribus, Ballivis, Vicecom, & alijs Officiar & Ministris nostris quibuscunque, qd' ipsi, nec eorum aliq●is praedict' R. assign', sive assignatos suos, factor̄, sive factores suos, in aliq ●o praemi●●. impediant, molestent, nec gravent, contra formam literarum nostrarum: Eo quod etc. Warrants. ¶ A Warrant to pay money. TO our trusty and well-beloved G. L. our receivor Sect. 570. in our Lordships of C. and G. or to any other our Receivors there for the time being greeting: We will and charge you, that of the profits & revenues of our livelihood in your receipt at the feast of Easter next coming &c. without any longer delay, ye content and pay unto our well-beloved W. N. x. l. of etc. which we own unto him for certain stuff, to our use of him bought and retained, and for payment of the said sum, ye take for us sufficient acquittance, which with these our letters shall be therefore to you sufficient warrant and discharge at your accounts then next to be given afore our Auditors there for the time being, whom we will & charge to make you due allowance in this behalf, by these our letters, Given &c. tali die etc. ¶ A Warrant to pay annuity. W. D. omnibus Receptoribus, Ballivis, firmarijs, praepositis, Sect. 571. ministris, & occupator quibuscunque, dominior & manerior meor de N. & L. in come E. qui nunc sunt, & qui pro tempore futur' erunt, Salur. Cum ego praef. W. nuper per scriptum meum, cuius dat' est primo die Maij, Ann etc. ordinaverim, fecerim, & constituerim dilectum mihi in Christo C. M. Seneschall' meum, omnium praedict' dominion & manerior meor. Habend', tenend', & occupand' Officium praed' praef. C. per se, vel per sufficientem deputat' suum, vel sufficient̄ deputatos suos, quandiu se bene gesser in eodem. Percipiend', annuatim pro officio suo predict' exercend' & occupand' quatuor libras argenti, per manus Receptorum, Ballivorum, firmariorum, seu aiiorū officiarior & ministrorum dominiorun & manerio●um meorum praed' pro tempore existentium, ad terminos S. Mich. arch. & P. per equ●les portiones, prout in scripto praed' plenius continetur. Vobis igitur omnibus & singulis Receptoribus, Ballivis, firmarijs, praepositis, seu alijs occupatoribus & ministris dictor dniorum & maneriorun meor quibuscunque pro tempore existentibus, & in futur' existent, & cuilibet vestrum mando, one●o, & firmiter in iungo, qd' de tempore in tempus soluatis, seu solu● faciatis, seu unus vestrum soluat, seu solui faciat prefat' C. praed' quatuor libras ad terminos suprad', sine dilatione ulteriori, juxta formam script' nostri praed' sibi inde confecti: Recipiend' inde de praef. C. vel de suo in hac part deputato, acquietancias, singulas solutiones quas sic feceritis testificantes, & per praesens mandat meum volo, qd' Auditores mei, vel Auditor meus dniorum & manner meor pnd', qui pro tempore fuer' vel sunt: Vobis & cuilibet vestrum in vestr compotis, vel in vestr compoto, de tempore in tempus de solut inde & qualibet inde ꝑcel faciant sive faciat allocationem. In cuius rei etc. ¶ A Warrant for a licence to elect a Bishop. CHarissime consanguinee etc. supplicaver nobis humilit Decan Sect. 572. & Capitul' ecclesiae nostrae cathedr de N. ut cum sedes Epalis infra Ecclesiam nostram Cathedralem praed', & ꝑ mortem naturalem piae memory A. B. ultimi Episcopi eiusd', sit pastoris solatio destituta, alium in locum illius Episcopum & pastorem eligendi, facultatem, licentiamque nostram gratiose concedere dignaremur. Nos igitur eorum supplicationibus favorabiliter inclinati, facultatem atque licentiam nostram huiusmodi duximus concedend'. Quocirca, vobis mandamus, qd' sub privato sigill' nostr' in custodia ura existent literas etc. Mandant, ut sub magno sigillo nostro in eius custodia existent, Iras nostras patent fieri fac' in hac part debitas, & in tali casu consuetas. Et hae literae nostrae etc. And ye shall understand, that hereupon the Chancellor of England shall grant them the king's letters patents of licence to proceed to their election. The form whereof appeareth in the Register, with which letters patents of licence under the great Seal, shall be sent a letter missive, containing the name of the person to be elected, as followeth. ¶ A Warrant for Royal assent. CHarissime etc. Vacant nupersede Episcopali infra Ecclesiam Sect. 573. nostram Cathedral' de N. per mortem bonae memor A. ultimi Episcopi●bidē, Decan & Capit eiusdem, facult̄ a nobis prius ꝑ ipsos ad alium eligend' in ipsor Episcopum & pastorem petita pariter & obtenta, venerabilem & egregium virum C. D. in suum pastorem elegerunt & nominaver. Cui nos electioni & viro sic electo (humilibus eorum interuenientibus supplicationibus) Regium nostrum adhibemus assensum pariter & favorem, eundemq, electum apud vos commendatum habemus. Quocirca vobis mandamus etc. And upon this Warrant the Lord Chancellor of England shall make the king's Letters patents of his royal assent, directed to the Metropolitan, to confirm and consecrated the Lord elected, or if ye will, the words of the patent may be set forth at length in the Warrant, that the king shall sign as followeth. ¶ The certificate of royal assent, for the election and consecration of a Bishop. REx etc. Reverendissimo in Christo patri etc. Salutem. Cum Sect. 574. vacaverit nuper ecclesia nostra Cathed' Sanct' A. W. per mortem bonae memoriae dni I C. eiusdem Ecclesiae dudum Episcopi, Decanus & Capitulun Ecclesiae nostr' praed', prius licentia a nobis per eos alium elegendi in eorum Episcopum & pastorem petita pariter & obtenta, venerabilem virum A. B. in ipsorum Episcopum & pastorem canonice eligerunt & nominaverunt, sicut per eorum literas quas vobis mittimus praesentibus inclusas plenius liquet. Vobis significamus, qd' dictae quidem electioni, & personae sic electae, humilibus eorum mediantibus supplicationibus, nostrum Regium adhibuimus favorem pariter & assensum. Et eundem electum apud vos recommendatum habemus. Quocirca, vobis mandamus, qd' caetera omnia quae ꝑ vos ad confirmationem & consecration eiusd' in dicto Episcopatu fieri consueverunt, secundum leges & statuta Regni nostri Angl', hac in part aedita & provisa, cum favore & diligentia facere velitis. In cuius etc. If ye list to know further after what manner the Archbishops and Bishops be at this day chosen, nominated, presented, invested, and consecrated to the dignity and office of an Archbishop or Bishop, ye must read the Statute thereof made 25. H. 8. ¶ A Warrant dormant for Deer. BE it known to all men by these presents, that we Sir E. S. Sect. 575. Earl of D. and Lord of S. have given and granted, & by these presents give and grant unto our well-beloved I H. and M. his wife, one Stag and two Bucks in Summer, and one Hind & two Does in Winter, yearly to be taken in two parks of our Isle of A. or in the chase belonging to the same, of our gift, yearly during their lives, and the longer liver of them. And we licence & give authority and power to the said I. and M. and either of them during their lives, and the longer liver of them, and their sufficient deputy, yearly in the times of season & convenient, to go into the said parks or chase, calling the keeper or keepers thereof with them, there to hunt & kill the same Deer, & them to carry away at their liberty and pleasure, with such convenient number of persons as shell like them, for, and about the doing of the same: any act, statut, or other thing made to the contrary notwithstanding. And further we will, that if the said I. and M. yearly sometimes will not come themselves, nor either of them for the same: then I will, that my keepers of the same park or chase for the time being, upon a bill signed with the hand of the said I. or M. concerning the same, shall kill and deliver from year to year, to the bringer of the same letters, the said summer Decree, and winter Dear, without any restraint or gainsaying by them, or any of them, in any wise to be made or done. In witness etc. ¶ A warrant for a Buck. WE will and charge you, that unto K. M. citizen of the City Sect. 476. of L. or to the bringer hereof, ye deliver, or cause to be delivered, one Buck of season, to be taken of our gift within our park of S. any restraint or other commandment heretofore made to the contrary notwithstanding. And these letters shallbe unto you a sufficient warrant & discharge in that behalf. Given under our signet etc. ¶ A Warrant for the Peace. RObertus Moor armig', unus Iustic' dominae Reginae ad pacem Sect. 577. in Com̄ praedict' conseruand' assignat' Vic' Com̄ predict': Necnon omnibus Ballivis, Constabular, & alijs dictae dnae Reginae ministr̄ come praedict' & eorum cuilibet salut. Quia I T. de D. in come pndict̄, coram me praestitit sacrament corporal', qd ipse de vita sua & mutulatione memborun s●orum, necnon de incendio domorum per T. I de C. in come praed' yeoman graviter & manifesté comminat existit. Ideo ex part dict' dnae Reginae vobis & cuilibet vestr̄ mando, qd' praef. T. L. coram me praef. Iustic' venire fac' seu unus vestrum venire faciat ad inveniendun sufficient securitat pacis versus dict' dnam Reginam & cunctum populum suum, & praecipué versus praef. I. T. Et si hoc great facer recusaver, tunc ipsum attachiet, seu unus vestrum attachiet, & ad proxim' gaol' dictae dnae Reg. in come praed' ducend' &c. Nullatenus omittat periculo incumbent. Dat' etc. ¶ A Warrant to arrest a fugitive servant. R. C. seruiens ad legem, unus Iusticiar' dnae Reginae ad pacem, Sect. 578. necnon ad diversas felonias, transgress. & alia malefact' in comitat' N. audiend' & terminand' assign', Ballivis hundred ' de B. & T. H. Constabul' de M. in comitat' predict' salutem. Quia E. L. retentus in seruic' I. T. de M. praed' sibi seruiend', secundum formam & effectum Statuti de seruientibus aedit, a seruitio I T. sine causa rationabili & licentia ipsius I T. recessit (ut dicit) ex part domin' Regin̄ vobis & cuilibet vestr̄ praecipio, quod praef. E. L. ad praef. I. T. Magistrun suum deseruiend' deliberar faciat. Et si hoc recusaver, tunc cum gaolae castri N. duci faciat quousque etc. Ita quod ●um habeatis cor me & socijs meis Iustic' dictae domin' Reg. in comitatu praed' add proxim' Sess. pacis ibidem tenend', ad faciend', & recipiend' ea quae ei tunc & ibidem in hac part obijcient. Sigillo meo sigillat. Dat' etc. ¶ Warrantia ad capiend' Vagabund '. R. C. de H. in comitatu N. unus Iustic' dnae Reginae ad pacem, necnon Sect. 579. ad divers. felon', transgr, & alia malefact' in Come praed' audiend' & terminand' assign' Vic' Come hundred ' de E. ac Constabular villae de W. in come praed', & eorum cuilibet salutem etc. Ex part dnae Reginae vobis & cuilibet vestrum mando, qd' attachiet, sed unus vestrum attachiet B. G. vagabund ', non seruient nec in seruitio alicuius retent (ut dicit) & eum deseruire fac' J. G. secundum sormam & effectum Statut de seruientibus aediti. Et si hoc facere noluer, aut haec facere recusaver, tunc 〈◊〉 prox' gaolae dict' dnae Reginae infra dict' come duci faciat. Ita quod eum habeatis, seu unus vestrum habeat coram me & socijs meis ad proxim' Session ipsius dictae dnae Reg. ad pacem in Com̄ praed' tenend', una cum hoc mandato. Dat' etc. ¶ A warrant from justices of Oyer to return a jury. E. M. Miles & socij sui Iustic' dni Regis ad inquirend' per sacrament Sect. 580. ꝓbor & legalium hoīm de Com̄ L. ac alijs vijs, modis & med' sicut melius sciunt aut potuer, tam infra libertates quam extra, per quos rei veritas melius sciri poterit, de quibuscunque murdris, felonijs, riot, rout, transgress. seu alijs maleficijs, necnon accessor̄ eorum per quoscunque & qualitercumque habit, fact', perpetrat, sive commissis, & per quos vel per quem, cui, vel quibus, quando, qualiter, & quomodo, & de alijs articulis & circumstanc' pmmiss. qualitercunque concernent plenius veritat dicend', & ad eadem murdr, felon', & alia praemiss. audiend' & determinand', secundunlegem & consuetud' huius regni Angliae, Vicecom L. salutem, Ex part dicti dni Regis tibi praecipimus, qd' non omittas ꝓpter aliquam libertat in balliva tua, quin venire fac' cor nobis apud S. in come L. etc. viz. x. die I. ꝓxim futur' 24. ꝓbos & leg' hoines de quolibet hund' in come tuo, ad inquirend' ꝓ dno Rege de praemiss. etc. Et ulterius ad faciend' ea quae eis tunc & ibidem obijcientur etc. Et qd' tu & omnes ballivi & ministri tui sint coram nobis, adtunc & ibidem ad officia vestra, & ea quae vobis adtunc & ibidem iniungentur etc. Dat' etc. ¶ A warrant to a bailiff to make a Replevin. Anthonius' Vic' Montague, praenobilis ordinis Garterij Miles, ac Sect. 581. capital' Seneschal' hundred ' de G. Ball' libertat dnae Reginae hundredi sui praed' salutem. Quia H. L. inven mihi pleg' de, psequend' quaerelam suam versus R. S. de placito captionis & injust detentionis bonorum & catallorum svorum, viz. xii. caract' ligni vocat' Faggots, necnon de returno habend', si return inde adiudicetur: Ideo ex part dictae dnae Reginae tibi mando, qd bona & catalla praed' viz. xii. caract' ligni pref. H. L. replegiar facias. Et pone ꝑ vadios & saluos pleg' praed' R. S. quod sit ad proximam curiam hundredi praed' tenend' etc. ad respondendum praef. H. L. de placito captionis & injust detentionis bonorum & catallorum suorum praed'. Et habeas ibi hoc praeceptum sub sigillo officij mei, quarto die etc. Anno etc. Indentures. ¶ A covenant of a Prentice. THis Indenture witnesseth, that T. S. the son of I S. of S. Sect. 582. in the County of W. Merchant, hath put himself Apprentice with W. W. of S. aforesaid, in the County of W. Taylor, and after the manner of an Apprentice with him to devil, from the feast of Christmas next coming after the date hereof, unto the end and term of seven. years than next ensuing, & fully to be complete. By all which said term the said T. apprentice to the said W. as his Master, well and faithfully shall serve, his secrets shall keep, his commandments lawful and honest every where shall do, fornication in the house of his said Master nor without he shall not commit, hurt to his said Master he shall not do, nor consent to be done to the value of xii. d. by the year, or above, but he to his power shall let, or anon his Master warn, Taverns of custom he shall not haunt, but if it be about his Master's business there to be done. At the dice, cards, or any other unlawful games he shall not play. The goods of his said Master inordinately he shall not waste, nor them to any man lend without his Master's licence. Matrimony with any woman within the said term he shall not contract, nor espouse, nor from his service neither by day nor by night shall absent or eloign himself, but as a true and faithful servant aught to behave himself, aswell in words as in deed. And the said W. unto the said T. in the craft, mystery, and occupation the which he useth, after the best manner that he can or may, shall teach and in form, or cause to be taught and informed, as much as thereunto belongeth, or in any wise appertaineth, and in due manner to chastise him, finding unto his said servant meat, drink, linen, woollen, hose, shoes, and all manner things necessary or belonging to a Apprentice of such craft, to be found after the manner and custom of the City of L. In witness etc. ¶ An Indenture for a Prentice. HEc Indentura testatur, quod G. H. filius W. H. de comitatu D. Sect. 583. husbandman, posuit se ipsum apprenticium E. W. Civi & Haberdash. ad artem suam qua utitur erudiend', & secum mor apprentic' sui commoratur & deseruit a festo omnium Sanctorum, anno Regni Regis H. 8. etc. usque ad finem & termin̄ octo annorum extunc ꝓx. sequent̄ & plenary complendor̄. durant quo termino praed' G. pref. E. tanquam Magistr̄ suo bene & fideliter deseruiet, secreta sua celabit, pcepta sua licita & honesta, libent ubique faciet, damn̄ eid' Magistr̄ suo non faciet, nec ab alijs fieri sciet, ad valor̄ xii. denarior ꝑ annum vel amplius, quin illud pro posse suo impediet, aut statim dict' Magistr̄ suum inde praemuniet, Bona dict' Magistri sui non devastabit, nec ea alicui illicit accommodabit, fornication̄ in domibus dicti Magistr̄ sui nec extra non committet, Matrimon non contrahet ad talos seu aliqua alia ioca illicit̄ non ludet, Tabernas non frequentabit, cum bonis suis ꝓprijs aut alienis durant dict' termin̄, sine licentia dicti Magistri sui non marchandizabit, a seruitio suo praed' non recedet, nec se elongabit, sed in omnibus tanquam bonus & fidel' aprēticius benign̄ se geret & habebit per dict' terminum. Et pnd' E. pnd' G. apprenticium suum in arte sua qua utitur, meliori modo quo sciverit aut poter̄, docebit, tractabit, & informabit vel faciet informar̄, debit' mod' castigand', inveniendoque omnia sibi necessaria, ut vestem, vestitum, linuto, laneum, calciamenta & lectum, suffici●●t̄ per totum dict' termin̄. Et ad istas conventiones omnes & singulas ex part dicti apprenticij bene & fidelit tenend' & ꝑimplend' in forma ut supra, idem apprentic' firmit̄ se obligat ꝑ p̄sent̄. In cuius rei testimon̄, ꝑtes pnd' his indentur sigilla sua alternatim apposuer̄. M. D. tunc Maior civitatis Lond' R. H. H. S. tunc Vic' eiusdem civitat. Dat L. die et anno supradictis. ¶ Letters to a Bishop by the King to grant an Aduowson. RIght Reverend father in God, right trusty & Sect. 584. right well-beloved, we greet you well. Whereas we be very desirous (for the honest qualities which we understand to be in our well-beloved chaplain A. B.) to see him furnished with convenient living accordingly, we have thought good to desire & pray you, that the rather for our sake, & at the contemplation of these our Letters you will forthwith under your sufficient writing insealed, give & grant to his behoof, the next Aduowson of the Prebend or Parsonage of N. wherein ye shall deserve our right hearty thanks etc. ¶ A Letter by the King to a Dean and Chapter. TRusty and well-beloved, we greet you well, Being now the Bishopric Sect. 585. of Hereford voided by the translation of the right Reverend father in God, our right trusty and right well-beloved Chancellor the late Bishop of the same, unto the Bishopric of L. We having respect unto the honest qualities, virtue, & learning of our trusty and well-beloved chaplain Master Doctor N. our Almoner, have named & appointed him unto the same Bishopric: Wherhfore we will & command you, that forthwith upon the receipt hereof, ye proceed to the election of him, according unto the tenor and purpor● of our Laws & Statutes in that behalf made & provided, and the same so elected, to certify accordingly, And these our Letters shallbe your sufficient warrant & discharge in y● behalf, Given under our Signet etc. the xvii. etc. ¶ The King's letters missive to a Dean and Chapter for an Aduowson. Trusty and well-beloved, we greet you well. Forasmuch as we Sect. 586. much tender the convenient preferment of our well-beloved servant A. B. to the intent he may be the more encouraged, and also the more able to prosecute, & finally to accomplish the effect & purpose of his learning: We have thought it meet by these our letters to desire and pray you, that for our sake ye will immediately upon the sight hereof under your Chapter seal, confer and give the next avoidance of the prebend of C. or of the next prebend in that our Church, which shallbe in your gift and disposition, to such persons as our said servant shall name to his use and behoof, wherein you shall minister unto us a right acceptable pleasure, to be hereafter remembered in any your lawful suits when occasion shall thereunto serve accordingly. Given under etc. ¶ Letters by the King to a Bishop, for collation of a benefice. RIght reverend father in God, right trusty, & right well-beloved, Sect. 587. we greet you well. And whereas we be credibly informed, that the benefice of N. is now voided, and in your gift & collation, we much tendering the preferment of our well-beloved Chaplain A. B. desire and pray you, that for our sake, and upon the sight of these our letters, ye will give and confer the said benefice unto our said Chaplain, whereby ye shall do unto us a great pleasure, which we shall not fail to remember when occasion shall be offered unto the same accordingly. Given etc. ¶ A letter of collation between subjects. IN my right hearty manner I commend me unto you. Forasmuch Sect. 588. as I understand, that the benefice of N. (which such a person now enjoyeth, or which is now voided) is of your gift and patronage. These shall be instantly to desire & pray you, that ye will vouchsafe to grant me the next Aduowson thereof, for to bestow upon such a one, as I shall thereunto present, (Or if the benefice be already voided, ye may writ,) that ye will do so much as for my sake to present A. B. to the same, who is my very loving friend, and such a person, as both for his learning and good manners is very meet for the same: Which doing, ye shall do unto me a special pleasure, & give me cause to requited the same with thanks according. And of your resolute mind herein I pray you that I may be advertised by the bringer hereof. Thus far you heartily well. From London etc. ¶ A Presentation to a Parsonage. REuerendo in christo patri W. divina ꝑmissione C. & Lich. Episcopo, Sect. 589. F. C. armig' verus & indubitatus patronus Rectoriae Ecclaesiae paroch' de K. in comitatu D. salutem in dno sempiternam etc. Ad Eccles. de K. pndict̄ vestr diocese. modo per mortem H. C. ultimi incumbentis ibidem iam vacant, & ad meam pnsentationem pleno iure spectant, dilectum mihi in christo W. W. cleric' vestrae paternitati praesento, hu●niliter rogans quatenus prefat' W. ad dictam ecclesiam admittere ipsumque Rectorem eiusdem Ecclesiae institui & induci facere cum suis iuribus & pertinent' universis, caeteraque peragere & adimplere quae vestro in hac part incumbunt officio pastorali dignemini cum favore. In cuius rei testimonium pnsentibus sigillum meum apposui. Dat' etc. ¶ A Presentation to an Archadeacon. REx etc. Venerabili viro dno W. R. Archidiacano R. eiusue in Sect. 590. absentia vicario in spiritualibus generali, salutem. Ad vicariam de L. vestrae jurisdictionis modo ꝑ mortem ultimi incumbentis ibidem vacantem, atque ad nostrum donationem pleno iure spectant, dilect' capellanum nostrum A. B. clericum vobis praesentamus, requirentes quatenus praef. A. ad vicariam praedictam admittere, ipsumque vicarium in eadem instituere, cum omnibus suis iuribus & pertinent universis: Caeteraque etc. (ut supra) In cuius rei etc. ¶ Prebend in Windsor. REx etc. Sciatis quod nos ex gratia nostra speciali etc. dedimus & Sect. 591. concessimus, ac tenore praesentium damus & concedimus dilect' Capellano nostro A. B. sacrae theologiae bacchalario, (or if he be Doctor, professori) Canonicatum sive Praebendam infra ecclesiam nostram Collegiat̄ sive liber Capellam nostram Regiam Sancti Georgij infra castrum nostrum de Windsor, modo per etc. vacantem atque ad nostram donationem pleno iure spectant. Habend' & tenend' canonicatum sive praebendam praed' praef. A. B. durant vita eius naturali, cum omnibus suis iuribus & pertinent universis. In cuius rei etc. ¶ Presentation to a Prebend. REx etc. Reverendo in Christo patri W. Menevensi Episcopo, Sect. 592. eiusué in abs●̄tia vicario in spiritualibus generali, aut alicuicunque potestatem sufficientem ea in part habenti, salutem. Ad canonicatum in Ecclaesia collegiata de N. vestrae diocesis & praebendam de C. in eadem, per liberam resignationem A. B. ultimi incumbentis & possessoris eorundem iam vacantem, & ad nostram donationem ratione praerogativae nostrae Regiae spectant, dilectum nobis in christo I T. in artibus magistrum clericum, vobis praesentamus intuitu charitatis: Volentes & requirentes quatenus praef. I. ad dictum canonicatum & praebendam admittere, ipsumque canomcum & praebendarium eorundem, ac in eisdem cum suis iuribus & pertinent universis rite & legitime instituere: Caeteraque etc. (ut supra) In cuius rei etc. ¶ A Presentation to a Parsonage. REx reverendissimo in Christo patri & domino dno E. permissione Sect. 593. divina Ebor' Archiepiscopo Angl' primati, & Metropolitano, eiusue in absentia Vicario in rebus ecclesiasticis generali, sa●ut̄. Ad ecclesiam parochial' de N. vestrae diocesis modo per mort̄ ultimi incumbentis ibid' vacant, & ad nostram donation pleno iure spectant, dilect' capellanum nostr' A. B. clericum intuitu charitatis vobis praesentamus. Mandantes uti dict' A. capellanum nostrum ad pref. ecclesiam admittere eumque rectorem eiusd' instituere, cum suis iuribus & pertinentijs universis, caeteraque expedire & peragere quae vestro in hac part incumbent officio munerique pastorali, velitis cum favore. In cuius rei etc. ¶ A presentation to a chantry. REx reverendissimo in Christo patri E. L. Episcopo, eiusue vicario Sect. 594. in spiritualibus generali, salutem, Ad cantariam beatae Mariae virgins, in ecclesia parochiali Sancti O. vestrae diocesis iam vacant & ad nostram donation spectantem, dilectum nobis in Christo I H. clericum vobis praesentamus, rogantes quatenus ipsum I. ad cantariam praed' admittatis & instituatis in ead'. In cuius rei etc. Like form of a presentation is of a Chapel, whether it be of the kings patronage, or of a subject, Mutatis mutandis. ¶ A presentation to a Parsonage or Vicarage by a Masnter of an Hospital and his brethren, or by a Dean and Chapter, or such other. REuerendo in Christo patri & domino, dno N. ꝑmissione divina, Sect. 595. C. & Lich. Episcopo, eiusue vicario in spiritualibus generali, vester humilis & devot frat R. T. Magister hospitalis N. & eiusd● confratres, sive Decanus Collegij de N. & capitulum eiusdem etc. Lincoln diocesis oimmodam reverend tanto pri debitam, Ad perpetuam vicariam Ecclesiae parochialis de N. vestrae diocesis iam per mort C. D. ultimi vicarij eiusd' vacantem, ad nostramque praesentationem pleno iure spectantem, dilect' nobis in Christo I B. facrae theologiae professorem paternitati vestrae praesentamus, humiliter supplicantes, praef. I. ad dictam vi●ariam admittere, ipsumque in ead' canonice instituere, caeteraque etc. ut supra. In cuius etc. ¶ A presentation to a parsonage post mortem incumbentis by a Dean. REuerendo in Christo patri & domino W. diuin̄ ꝑmissione C. & Sect. 596. L. Episcopo eiusue vicar in spiritualibus generali, vester humilis & devot W. W. sactae Theologiae bacchalarius Decan eccl Cathedr beatae M. verus & indubitat patronus rector Ecclesiae paroch de B. in come D. C. & L. dioc' omnimod' reuerenc' tanto patri debit'. Ad eccl' parochial' de B. vestr diocese. modo ꝑ mortultimi incumbentis eius● ' vacant, & ad meam praesentationem pleno iure spectant, dilectum nobrs in Christo T. P. clericum paternitati vestrae praesento, humilit supplicans ut praef. T. P. ad dictam ecclesiam etc. ut supra. In cuius etc. ¶ A grant of an Aduowson. OMnibus Christi fidelibus etc. R. S. Salutem etc. Cum T. B. ꝑ scriptum Sect. 597. suum geren̄ dat' xviij. die S. Anno dni 1556. annifque Regnor etc. dederit, concesserit, & scripto illo confirmaverit G. B. & M. W. cleric', primam & proximam advocationem, donationem, nominationem, praesentationem, & liberam dispositionem Rectoriae sive ecclesiae parochial' de G. in comitatu N. pro prim & unica vice tantum, quae de suo patronatu extitisset (prout per idem scriptum plenius liquet & apparet.) Cumque pnd' G. B. & M. W. tam ad specialem instantiam, requisition, & desiderium E. B. sacrae theologiae Doctoris, quam pro diversis alijs bonis & rationabilibus causis & considerationibus eos specialit moventibus per scriptum suum geren̄ dat primo die ●an̄ ann dni 1563. anno regni etc. dederunt, concesser', & ꝑ script' suum confirmaverunt E. B. executor' vel assign' suis dictam primam & proximam advocationem, donationem, praesentationem, & liber dispo●̄tionem dict' Rector ecclesiae parochialis de G. in come N. pro prima & unica vice tantum (prout per idem scriptum plenius liquet & apparet.) Cumque idem E. B. pro diversis causis & considerationibus eum specialiter moventibus, perscriptum suum gerens dat' vicesimo primo die S. anno dni 1563. anno regni Reg. etc. dederit, concesserit, & scripto illo confirmaverit mihi pref. R. S. executor' & assignatis meis eandem primam & proximam advocationem, nomination, praesentationem, & liberam dispositionem eiusdem Rector̄ eccles. parochialis de G. in dicto Comitatu N. pro prima & unica vicetantum (prout per scriptum illud plenius liquet & apparet.) Sciatis n●e praefatum R. S pro diversis bonis causis & considerationibus me specialit moventibus, dedisse, concessisse, & hoc pnsenti scripto meo confirmasse A. M. praed' primam & proxim' aduocation siue vacation̄, ac plenam donation, collation̄, nomination, praesentation̄, & l●beram disposition̄ dict' Rector sive ecclesiae parochial' de G. in dicto come W. cum primo & prox. post dat' presentium vacare contigerit, ac ius praesentandi ad eand' Rector̄ siue ecclesiam parochial' qualitercunque, sive per mortem, resignationem, cessionem, dimission̄ seu aliquo alio modo quocunque primo & proxim' vacare contingent pro prima & unica vice tantum. Ita qd' bene liceat & licit erit praef. A. M. execute & assign' suis cum dicta Rectoria (sic ut praemittitur) vacare contigerit, personam idoneam quam ei aut eorum alicui placuerit, ad dictam Rectoriam loci ordinario sive Diocesano nominare & praesentare, eumque in ead' institui facere, caeteraque omnia facere & perimplere in ea part requisit̄ necess. & consuet̄, quousque virtute praesentationis illius unus ad p̄sentation̄ ipsius A. M. execut vel assign' suor̄, ad plenam & pacificam possession praed' Rector̄ siue Ecclesiae parochial' fuerit admissus, institutus, & inductus, in tam amplis modo & forma, prout ego praef. R. S. potui vel executor' sive assignat' mei potuer, si haec praesens concessio non fuerit. In cuius rei etc. ¶ Notes touching Presentations. IF a Church be voided by resignation, than ye shall say. Sect. 598. Modo per liberam et spontaneam resignationem A. B. ultimi Incumbentis eiusdem, vacant etc. If by attainder, than thus. Per attiucturam A. B. ultimi incumbentis ibidem, qui de alta ꝓditrone nup er attinctus fuit vacant. Et sic de consimilibus. Also ye shall understand, that the King's Majesty hath as the case requireth, sundry Titles to present, for sometime he presenteth by his Prerogative Royal, and then ye shall say. Et ad nostram donation, ratione praerogativae nostrae Regiae spectantem etc. Sometime by reason that the Temporalities of a Bishopric be in his hands, and then ye shall say. Ratione temporalium Episcopatus N. in manibus nostris existentium. Sometime his Grace presenteth by the grant of an Aduowson of another man, and then ye shall say. Ratione concessionis A. B. cum idem A. primam et proximam advocationem eiusd' nobis largitus est etc. And if the manor whereunto thadvowson is appendent be parcel of the Duchy of Lancaster, than ye shall say. Et ad nostram donationem ratione Ducatus nostri Lancastr̄ spectant etc. Et sic de reliquis. In a presentation by this word Eccles. parochial ', is intended always a Parsonage: Howbeit now a days many be wont to writ, Ad Rectoriam Ecclesiae parochialis de N. But if the presentation be to a Vicarage, then may ye not say, ad Eccles. but ad Vicariam, And the presentment to a Vicarage appertaineth of common right to the Parson, for the Vicar in effect is but the Parson's deputy: Howbeit the Parson with assent of his Patron and ordinary may grant away the patronage of the Vicarage from him and his successors to another man and his heirs or successors for ever. Sometime one man hath the nomination to a benefice, and another the presentation: In which case he that hath the presentation can present no other person to the Ordinary, but such as the other man shall name by his sufficient writing under seal. Also the King shall join with no man in presentment, but shall have the whole presentment alone in all cases. And if the King be entitled by reason of the custody of his ward, than ye shall say: Et ad nostram donationem ratione custod' terrae & haeredis eiusdem Comitis de A. defuncti, & qui de nobis tenuit in capite, & in manu nostra existentis, spectant etc. And if the King be entitled by reason of the temporalties and possessions of an archbishopric or Bishopric, being in time of vacation in his hands, than ye shall say in the presentation: Et quae ad nostram spectat donation ratione Episcopat Cantuariam vacant, & in manu nostra existent': Or, ratione vacat●onis sedis Cant & temporalium eiusd', iam de iure & facto vacant, & in manibus nostris existentium etc. Finally, concerning chantries, Free chapels, and Prebends, ye shall observe and know, that some be presentative, and some donative. Presentatives, be of such nature, that ye cannot confer them but by way of presentation to the Ordinary, the form whereof is set forth before. But chantries, free Chapels, and Prebends donarive be of that nature, that ye need not to present the person to whom ye will confer the same, to the Ordinary, but it sufficeth to give the same by your charter of grant under your seal: The form whereof ensueth hereafter. But take heed ye present not your Clerk to the Ordinary unto that which is donative by your letters patents, for if you do, the nature is changed, and you can no more make collation of it, but you must needs now present your Clerk to the Ordinary, which if you do not within six Months, the Ordinary may take advantage of the Laps. ¶ A Presentation sede vacant. HEnricus etc. & in terra Ecclesiae Anglicanae & Hibernicae supremum Sect. 599. caput, ac verus & indubitatus patronus Rectoriae sive Ecclesiae parochialis de N. in come nostro S. B. & W. dioces. ipsa sede B. & W. iam vacant, Reverendissimo in christo patri T. Cant archiep totius Angl' primati, eiusue in absentia vacario dict' sedis in spiritualibus generali, salutem. Ad dictam Rectoriam sive Ecclesiam parochialem de N. modo vacantem per mortem etc. ¶ A Significavit to the Metropolitan upon a new foundation of a Bishopric. REx Reverendifs. etc. Cum nos novam sedem Episcopalem infra Sect. 600. Ecclesiam nostram Cathedralem Sanct' P. W. nuper fundaverimus & erexerimus, ac dilect' consiliarium nostrum T. T. ad Episcop ill' nominaverimus & pfecerimus, ipsumque in Epum loci illius & pastorem ordinaverimus, & constituerimus, hoc vobis tenore praesentium duximus significandun, Rogantes, ac in fide & dilectione, quibus nobis tenemini firmiter vobis mandantes, quatenus pfatum T. T. in Episcopatum W. consecrare, ipsumque, prout moris est, Episcopalibus insignijs investire, caeteraque etc. (ut supra) In cuius rei testimon etc. Resignations. ¶ A Resignation of a Benefice. THis Indenture made etc. Between S. late Parson of the parish Sect. 601. Church & Parsonage of P. in the County of C. and in the diocese of E. on the one party, and I. B. aforesaid Priest on the other party, Witnesseth, That where the said S. at the instance of the said 1 hath resigned his said Parish Church and Parsonage into the Ordinaries hands of the same, to the intent that the said Ordinary shall institute & induct the said I. Parson of the said parish church & Parsonage, whereupon it is covenanted & concluded, & fully agreed between the said parties, & either of them covenanteth and granteth, to, & with the other of them by this Indenture, in manner & form following, that is to wit, the said I. for him etc. that the same I. at such time after he shallbe lawfully instituted & inducted Parson of the said parish Church and Parsonage, shall make or cause to be made to the said S. such a good, sure, sufficient, and a lawful bond, as shall be reasonably advised or devised by the said S. or his learned counsel, for the assurance, surety, and sure payment of an annual pension of v. li. etc. to be paid to the said S. or his assigns, upon the font stone in the body of the Cathedral Church of saint P. in L. at two terms of the year: that is to wit, on the day of etc. and from year to year, one after an other, than next and immediately following, during the life natural of the said S. the first term of payment thereof to begin on the day of All Saints now next coming. And also that the said I. and his executors, at all and every time and times hereafter, shall clearly acquit, discharge, & save harmless the said S. and his executors, and every of them, aswell against the Queen our Sovereign Lady, as against all and every other person or persons, of, and for all manner of Dimes, Subsidies, tars, and Tallages, and all other charges whatsoever they be, going & due to be paid and borne out, of, and for the said benefice. And furthermore, the said 1 covenanteth and granteth, to and with the said S. by these presents, that the same I. within x. days next and immediately after that he shall be so instituted & inducted, shall by his deed sufficient in the law, clearly remit and release unto the said S. all, and all manner actions, suits, quarrels, debts, debates, accounts, trespasses, injuries, and demands, whatsoever they be, which against the said S. and his executors ever he hath had, now hath, or hereafter shall have, aswell by reason of dilapidations of the said Church & Parsonage, as by any other reason or cause from the beginning of the world unto the day of the date of the said letters of acquittance. And furthermore, the said I. for him etc. that the said I. or his assigns, before the feast of etc. shall deliver or cause to be delivered to the said S. or his assigns, a good, sure, sufficient, & a lawful decree, under the Seal of the said Ordinary, whereby or wherewith the said parish Church shall stand and be sufficiently charged and bound for the assurance and sure payment of the said yearly pension of v. li. etc. to be paid by the said S. or his assigns, during the life natural of the said S. after the form abovesaid. And also the said 1 covenanteth etc. that in case one T. H. one of the Patrons of the said benefice, his heirs, or assigns, do not seal the presentation, whereby the said I. should be presented Parson of the said parish Church and Parsonage: that then the said S. shallbe restored again to his said benefice without any let, gainsaying, or interruption of the said I. or any other person or persons, by, or for him: the foresaid resignation, or any other covenant above specified, to the contrary in any wise notwithstanding. And the said S. for him etc. that if the said I. well and truly perform, observe and keep, all and every the covenants, grants, promises, and payments abovesaid, which on his part are to be performed, observed, fulfilled and kept, in manner and form above rehearsed: that then an obligation of the date of these presents, wherein the said I. and one W. B. be jointly bound to the said Simon in CC. Marks etc. shall be void and had for naught, or else it shall stand in full strength and virtue. In witness etc. ¶ A Presentation to a Parsonage voided by Resignation. REuerendo in Christo patri & domino, domin' E. permissione divina Sect. 602. L. Episcopo, eiusque in spiritualibus Vicario generali Cancel' vester humilis & devot W. M. custos R. C. filij & haeredis R. C. Necnon custos manerij de H. cum pertinent, omnimodas reverentias & obedientias tanto patri debitas cum honore: Ad medietat Ecclesiae paroch' de H. quam nuper obtinuit Magister I V in ead' Eccles. parochiali vestrae L. dioces. ac per liberam resignation eiusd' Magistri I V vacantem, & ad meam praesentac' ratione minoris aetatis pnd' R. C. spectant, dilectum mihi in Christo Mrmm T. H. in legibus Bacchalaureum paternitati urae reverendae charitatis intuitu praesento, humīl' & devote supplicans quatenus eund' Mrmm T. H. ad medietat antedict' admittere ipsumque rectorem in eadem cum suis iuribus & pertinent universis canonice instituere, Caeteraque etc. Copies of Court Roll. What a Copiholder is. TEnant by Copy of Court Roll, is he which is Sect. 603. admitted tenant of any lands or tenements within a Manor, that time out of the memory of man, by the use and custom of the said Manor have been dimiseable & demised to such as will take the same in fee, fee tail, for life, years, or at will, according to the custom of the said Manor by Copy of Court Roll of the same Manor. And therefore they be called Tenants by Copy of Court Roll, because they have no other Writings or Evidence concerning such their lands and tenements, but only the Copies of the Rolls of the Courts of the Manners, within which they lie. And in ancient time, as Master Fitzherbert saith in his Natura brevium fol. 12. C. they were called Tenants in villeinage, or in base tenure, or by Verge. And in the Saxons time before the Conquest, such lands were called Folk●sland: At which time Charter lands were termed Bockland, Master Kitchen fol. 128. b. And Copies of Court Rolls be such Instruments as do contain the Surrenders, Presentations, Admittances, or other acts entered in the Rolls of the Court, within which such Customary lands lie and concern the estates thereof and be exemplified out of the same Rolls in form following, videlicet. Curia parva praenobilis G. Comitis Salop' etc. Manerij sui Sheffeld praed', tent' ibidem x. die Septemb. Anno Regni dominae nostrae Elizabethae dei gratia Angliae, Franciae, & Hibern Reginae fidei defensor etc. xxxuj. The like Style must be in the head of all Copies. AD hanc Curiam ven' A. de B. & sursumredd' in eadem Cur' unum Sect. 604. mesuagium etc. in manus domini, ad usum C. de D. & haered' suorum, vel haered' de corpore suo exeunt (vel) pro termino vitae suae etc. Et super hoc venit praedict' C. de D. & caepit de domino in eadem Cur' mesuag' praed' etc. Habend' & tenend' sibi & haered' sui● (vel) sibi & haered' de corpore suo exeunt (vel) sibiad terminum vitae etc. ad voluntatem domini, secundum consuet̄ manerij praedict': Faciend' & reddend' inde redd', seruitia, & consuetudin inde prius debita, & de iure consuet̄ etc. Et dat domino de fine etc. Et fecit dno fidelitatem. Et admissus est inde tenes etc. ¶ Instructions for the making of Surrenders and Copies. FIrst Note, that all the customs, fines, rents, and services, which Sect. 605. Copyholders aught to do, be certainly set down in their Copies. And that the lands be certainly bounded. And in like manner of all Ours of Lead, Ore, Tin, Iron, stone, coals, and quarries, & such like, and all intakes, enclosures, and improvements. If the party admitted tenant be within age, his fealty must be respited till he be of the full age of xxi. years, and so entered in the Roll and Copy. Such estate, agreements, covenants, and conditions, may be made of Copyhold lands, by Copy, as are made of Charter lands by deed Mutatis mutandis. If the old Copies chance to be lost, or destroyed, the Steward may make new according to the ancient Court Rolls. Surrenders may be made in Court, And by the Customs of divers signiories, the same may be made out of the Court to the Steward, Bailiff, or Reeve of the manor, or to one, two, or more Copyholders of the same manor, or before two honest men of the same Signiory, and then the same must be presented at the next Court, or some other Court of the same manor, as the custom thereof is. By the custom of some Manors, Surrenders, and admittances of Copyholders may be made by Attorney, by virtue of Letters of Attorney. In some Manors, the tenants have their lands granted unto them, and their heirs, in fee, fee tail, or for life, or years, according to the custom of the Manor, And not at the will of the Lord, according to the custom: In which case the Rolls and Copies aught to be made accordingly. Within some Manors the Copies have used to be sealed with the Seal of the Steward: And in some not. In every case, the Custom of the manors must be diligently inquired of, and duly observed by such as make Surrenders and Copies. It is very good to have in every several Manor a Customary fair engrossed in parchment, of all the customs, fines, duties, estates, and services, & other circumstances concerning the Copyhold lands within the same Manor. Item such estates in fee, fee tail, for life, or lives, years, or at will, absolute or condicional, may be limited aswell by Copy, as by Charter, Mutatis mutandis. Item the Names and Additions of persons and Lands, and other circumstances of time and place may be so set down in Copies, as in Charters: Mutatis mutandis, And the same to be agreed to, by all the Customary tenants of the same Manor, with the assent of the Lord of the Manor, and to be presented by the Homage upon their oaths, and entered into the Rolls of the Court thereof, for the certain information of the Lord, and his tenants, or that aught to be given, taken, done, or demanded for the same. Item the same reservations of rents, customs, services, heriots, disseisins, reentries, and other things, may be contained in the Copies, as they be in Charters: Mutatis mutandis. ¶ A Copy where the heir is admitted. AD hanc Curiam compertum est per homagium, quod ante have Sect. 606. curiam I B. qui de dno tenuit secundum consuetudinem manerij praed' sibi & haered' suis, unum tenement' vocat' E. obijt inde seisitus, & quoth R. B. est eius filius & prox' haeres, & plenae aetatistēpore mortis patris sui, (vel infra aetatem, viz. xii. annorum, & in custodia etc. fratris sui vel consanguine● eius) & praesens in hac curia, petit admitti, & admis●us est inde tenens. Tenend' etc. ¶ A Copy of an admittance in fee. AD hanc Cur' venit I T. & sursumredd' in manus dni decem acr tert' Sect. 607. customar, ad opus & usum R. B. gen, haered' & assignat' svorum imperpetuum per virgam ad voluntatem dni secundum consuetudinem manij pndict̄, cui quidem R. B. dominus per Senescha' suum concessit inde seisinam: Habend' sibi & haeredibus suis imperpetuum de dno, per redd' x. s. per annum. Et alia etc. Et dat etc. Et fecit etc. ¶ A Surrender upon condition. AD hanc Curian etc. venit I C. & sursum reddidit etc. (ut supra) Sect. 608. ad opus & usum 1 D. et haered' svorum etc. sub conditionibus sequent, viz. si praedict' I. soluat, aut solui faciat praef. I. C. xl. s. ad festum Sancti joh. Bap. & omnium Sanctor ꝓximo futur' post datum huius curiae aequis porcionibus, quod tunc presens sursumredditio sit in suo robore & effectu. Et si ipse defecerit in solutione solution praed' in part vel in toto, qd' extunc bene licebit praef. I. C. & assignat' suis, in tennta predict intrare, eademque rehabere in pristino suo statu: ista sursumredditione in aliquo non obstante. Et dat &c. (ut supra.) ¶ A Surrender unto the Bay life out of the Court. AD hanc Cur' etc. compertum est etc. quod L C. extra cur' sursumredd ' Sect. 609. in manus I D. Ballivi istius manerij, in praesentia D. R. & aliorum tenentium dni huius manerij hoc testantium, unam a cram terrae etc. ad opus W. I. cui dominus etc. (ut supra.) ¶ A Copy after a seizure. AD Curiam apud S. A. tent' (tertio die etc.) praeceptum fuit ballivo Sect. 610. seisire in manus dni, eo qd' ipsa alienaverit, et ven ●idit dict' ten̄tum cuiden T. V sine licentia domini etc. Et inde respondebit dno de exitib●s quousque etc. Et qd in ista cadem curia, dns ex sua gratia speciali, concessit dictum tenementum cum pertinent & seisinam inde praefat' I B. Habendum etc. (ut supra.) ¶ A Grant in fee by the Lord. AD hanc Curiam dns per Seneschall' suum concessit extra manus Sect. 611. suas T. D. & A. uxori cius, unum mesuagium etc. quibus dominus per Seneschallum suum praed' concessit seisinam. Habend' sibi et haeredibus suis imperpetuum etc. ¶ A Surrender of land by the Verge. AD Curiam etc. venit T. B. & sursumredd' &c. ad opus et usum Sect. 612. I L. etc. qui presens hic in cur' admitti petit ad praemissa, cui dominus etc. Habend' et tenend' etc. per virgam etc. (ut supra) ¶ A Surrender of a Reversion. AD hanc Cur' etc. Homagium praesentat, quod H. H. qui de dno Sect. 613. tenuit sibi et haered' suis reversionem unius clausi pastur' etc. infra istud manner, quorum I H. matter praed' H. H. vid' est tenens ad terminum vitae suae, diem clausit extrem̄ post ultim cur'. Et quod R. H. est eius awnculus et proximus haeres, scꝪ. frater T. H. patris praed' H. H. et plenae aetatis qui praesens hic in cur' petit admitti ad reversionem tenementor praed' I. H. matris dicti H. H. cum acciderit ut supradict' est, cui dominus etc. post mortem etc. (ut supra.) ¶ A Copy in ancient demesne, where the wife shall be examined. DAle etc. Ad Cur' etc. T. B. de N. & E. ux. eius hic in plena cur', Sect. 614. quae quidem sola ac seorsim per Seneschallum examinata & confessa sursumredd' &c. quod nec metu, nec vi coacta, nec dolo circumvent, sed scienter ex mera et spontanea voluntate sua motuque ad opus W. C. unde ex consuetudine manerij praed' accidit domino unus equus de haeriot. Et super hoc venit dictus W. C. & cepit de domino dict' mesuag' etc. (ut supra.) ¶ A Copy in ancient demesne with Proclamation. AD hanc Curiam etc. A. C. venit, & sursumreddidit etc. ad opus Sect. 615. T. H. haered' et assignat' suorum imperpetuum, virtute barganiae sive pactionis inter eos factae. Et super hoc publica proclamatio in eadem curia facta fuit, qd' si quis aliquod ius seu titulum ad idem mesuagium etc. pntendere voluit vel haberet, veniret & audiretur, Et nullus venit ad hanc Cur', ꝑ qd' secundum consuetud' manij praed' mesuag ' etc. remanerent in manibus dni usque ad tertiam proclamationem super eisdem factam. Et super hoc dies data est partibus praed' essendi ad proximam curiam manerij praedict' ad audiend' inde judicium suum, de & super praemissis. Et ad hanc Curiam etc. tam praedict' A. A. quam praedict' T. H. venerunt: Et super hoc secunda proclamatio facta fuit super praemiss. quod si aliquis etc. (ut supra) & nullas venit. Et super hoc dies dat' est partibus praedict' &c. (ut supra.) Et ad hanc Cur' etc. tam praed' A. A. quam praed' T. H. venerunt, Et super hoc tertia proclamatio facta fuit super praemiss. quod si aliquis etc. (ut supra) Et nullus ad hanc venit. Et super hoc dns per W. H. Seneschallum suum concessit seisinam suam de praed' mesuagio etc. praef. T. H. tenend' sibi & assign' suis secundum consuetudinem manerij praed'. Et dat domino de fine pro ingressu etc. Et admissus est inde tenens. Et fecit fidelitatem etc. ¶ A Copy in tail with remainders. AD hanc Curiam compertum est, quod R. B. de A. ad Cur' tentam Sect. 616. etc. sursumreddidit in manus dni unum tenntum etc. ad opus R. C. filij eiusdem R. & A. uxoris suae quibus dns concessit seisinam, tenend●m sibi & haered' de corporibus corum legitime procreatis. Et si praedict' R. & A. uxor eius sine haered' de corporibus eorum legitime ꝓcreatis obierint, qd' tunc praed' ten̄tum cum suis pertin' remaneant rect' haered' ipsius R. B. Et modo cur' ista informat \l = pe\ totum homag', qd' pndict̄ R. & A. obierunt sine haered' inter eos ꝓcreatis. Et predict' R. B. similiter. Et super hoc venit I B. frater & haeres praedict' R. B. & petit admitti, & admissus est tenens etc. Et per lic entiam dni praef. I. B. petitadmitti ad ten̄tum predict cum pertin', cui dns inde concessit seisinam: Tenend' add voluntatem dni secund' consuetud' etc. Et dat dno etc. ¶ A Surrender out of the Court. AD hanc Cur' etc. compertum est per homagium, quod R. R tenens Sect. 617. customarius huius manerij, extra cur' sursumredd in manus dni, ꝑ manus W. T. & R. M. duorum customar̄ tenent huius manerij secundum consuetud' hui' manner extra Cur', totum illud mesuag' etc. ad opus & usum dicti R. R. ꝓ termino vitae suae naturalis. Et post decessun dict R. R. tunc ad opus & usum T. B. et haered' de corpore dict' T. legitime procreator. Et pro defectu talis exitus de corpore dict' T. B. legitim ꝓcreat, rem inde I I. filio R. I. gener, haered' & assign' suis in ꝑ petuum. Et dicunt qd' pnd' R. obijt, & nunc ad istam cur' pnd' T. B. venit, & petit admitti ad omnia & singul' praemiss. praed'. Et ad hanc Cur' dnus per I K. seneschal' suum concessit inde ei seisinam per virgam. Habend' & tenend' eidem T. B. & haered' de corpore suo legitime procreat'. Et ꝓ defect' talis exitus remanere ad opus & usum dict I I. & haered' suor imperpet. Et praed' T. B. dedit dno etc. Et admissus est inde tenens. ¶ A Surrender before the Steward out of the Court. AD hanc Cur' testatum est ꝑ W. T. seneschall', quod W. N. in extremis Sect. 618. iacens decim die A. ann regni dictae dnae Reg. 34 sursumredd' in manus dni, per manus eiusd' Senes. (absent cur') in praesenc' R. C. R. P. & C. H. unum tenntum etc. ad opus & usum M. vxor' suae, ꝓ term' vitae suae, & post decessum ipsius M. remaner W. T. filio praed' W. patris, & E. filiae eiusd' W. patris ac soror pnd' W. filij & haered' suis, sub conditione tamen sequent, Quod si contingat aliquem praed' W. filij E. filiae obire sine haered' de corpore suo exeunt, qd' tunc ipse vel ipsa, qui vel quae superuixer, habebit & gaudebit tennt praed' sibi & haered' suis imperpetuum. Et super hoc venit in ista cur' praedict' M. & petit se admitti ad tennt praed' come pertin' cui dnus per I K. senes. suum concessit inde sesinam per virgam. Habend' sibi in forma praed' add voluntatem dni secundum consuctudinem manerij. Et dat dno etc. ¶ A Copy for two lives. AD hanc Cur' etc. I. D. & I uxor e●us, ipsa sola examinata coram Seneschal', Sect. 619. & sursumredd' in manus dni unum tennt cum pertin' in A. etc. ad opus & usum G. H. & A. vxor' eius, ad termin̄ vitae eor & alterius eor diutius viventis, secundum consuetudin̄ manerij. Et dant dno etc. ¶ A Surrender for lives with remainders. AD hanc Curian etc. venit A. T. & sursumredd' &c. unum mes. etc. Sect. 620. ut dominus faceret inde voluntat suam, & dns inde habuit seisinam. Et ex gratia sua speciali reconcessit praed' mesuag' & terr' praefat' A. T. & K. uxori eius durant vita eorum, Ita qd' post eor decessum dictum ten̄tum & terr' remaneant K. uxori W. durant vita sua. Et post decessum ipsius K. praed' terr' & tennt remaneant rectis haered' ipsius A. T. imperpet. Tenend' eidem A. T. & I uxori eius durant tota vita eorum ꝑ virgam ad voluntatem dni, secund' etc. in forma praed': Saluo iure cuiuslibet etc. Et praed' A. T. & I. daunt etc. ¶ A Surrender out of the Court, and a remainder with a Condition. AD hanc Curiam etc. quod R. F. languens in extremis sursumredd Sect. 621. in manus B. R. extra cur', per manus I H. in praesentia A. B. C. D. tenent huius manerij hoc testantium, unum mesuagium cum pertin' etc. ad opus A. uxoris praed' I. F. tenend' sibi pro seruitio inde debit', secund' consuetud' manerij, pro term' vitae suae. Ita qd' post mort dict' A. praedict' mesuag' remaneat I. filio praed' R. & A. & haered' de corpore suo legitim procreat', & si contingat dict' 1 obire sine haered' de corpore suo legitime procreat', qd' tunc praed' mesuag' remaneat R. filio praed' R. & A. & haeredibus de corpore suo legitime procreatis. Et si contingat dictum R. obire sine haered' de corpore suo legitime procreat', qd' tunc praed' mesuag' per executores vel alterum eorum diutius vivent, venderet, & denarij inde recepti & provenientes in pauperes, & alias eleemosynas erogentur, disponant, & distribuantur, prout eis melius videbitur expedire: quibus dominus inde concessit seisinam, tenend' in forma praed'. ad voluntat domini secund' consuetud' manerij. Et dat domino etc. ¶ A Copy for life by a man and his wife. AD hanc Cur' venit. I. H. & R. uxor eius, ipsa sola examinata coram Sect. 622. Seneschall', sursumredd' in manus domini unum tennt etc. ad opus & usum G. H. & I uxoris eius ad termin̄ vitae eorum, & alterius eorum diutius vivent, secund' consuetudin manner. Et dant dno etc. ¶ A Copy for three lives, made by a Surveyor. AD Cur' manerij praed' ibid' tent' &c. venit I G. & ceperit de dno ex Sect. 623. traditione R. F. armig', particular superuisoris terrar dni ibid' ꝑ lras eiusd' dni patent sufficientem authoritat dantes etc. unum tennt etc. Habend' & tenend' omnia & singula praemissa cum suis pertinent praefat' I G. & E. uxori eius ac A. filiae eorundem, ad terminum vitae eorum, & alterius eorum diutius viventis successive, ad voluntatem dni secundum consuetudinem manerij, per redditum & seruitium inde prius debita & de iure consueta. Et dat dno de fine etc. ¶ A Licence to demise for years. AD Cur' etc. conceditur R. H. vid' potestas & licentia dimittend ' Sect. 624. unum claus●●Punc●● pastur' vocat' N. videlicet cum pertin' jacent & exist' infr istud mane●iū T. P. & assign' suis, a festo etc. ultim pnterit, usq: ad finem termini xxj. annorum tunc prox. sequent & plenar' complend'. Et dat domino de fine pro licentia inde habend' iij●s '. Et super hoc idem hic in cur' admittitur etc. ¶ For years where the Lord shall found Timber. AD curiam dominus per I F. Seneschallum suum concessit E. R. Sect. 625. unum mesuagium etc. vocat' A. Habendum & tenendum sibi & assignatis suis a festo sancti Mich. archang' proxim' futur' post dat' huius cur', usque ad finem et terminum xl. annorum extunc proximo sequentium & plenary complendorun: Reddend' inde annuatim xx. s'. ad duos anni terminos, viz. etc. per aequales portiones. Proviso semper quod durant termino predict', praedict' dns inveniet materiam & ligna, toties quoties necessarium fuerit dicto tenement', ad emendandum, reparandum, & sustinend' illud. Et dat domino etc. ¶ A Copy for years the Tenant repairing. AD curiam nostri R. A. Praepositi collegij Regul' Mariae de E. juxta Sect. 626. W. in Com̄ B. dni ibidem tent' ibidem tertio die etc. sic irrot, venit N. S. & that dno de fine pro termino sibi habendo, de, & in scitu manerij de V etc. et dns concessit praedict' scitum manerij etc. pro termino viginti unius annorum. Habend' & tenend' praedict' scitum manerij etc. prefat' N. S. & assignat' suis ꝓ dicto termino viginti unius annorum, termino pndict̄ incipiente in festo Mich. archang' quod erit in anno dni 1599 secundum consuetudinem manij ibidem: Reddend' inde annuatim dno et haeredibus suis ad terminos ibidem vsual' x. li. & sectam cur' manerij praed' bis perannun. Et reparand' ac manutenendo omnia edificia ibidem mod' edificat, ac omnes sepes ac fossat ad dict' terr' pertin' durant termino pndict̄. Et sufficient reparat dimittend' in fine termini sui praedict'. Et praedict' N. S. & assign' sui in fine termini sui praedict' sol' hariot v. s. Et fecit dno fidelitatem, & admissus est inde tenens durant termino praedict' etc. ¶ A confession of a Freeholder and a Copyholder. AD hanc cur' venit A. B. coram T. P. Seneschall' huius manerij, & Sect. 627. cognovit se tener de dno unum mesuagium etc. libere, ꝑ chartam in socagio, per redd' xii. d', vel j lib. piperis, & sectae curiae bis per annum. Et etiam dictus A. B. cognovit se tenere de dno aliud mesuagium ad voluntat dni secundum cons. manerij. Et per redd' etc. ¶ A Release by a Copy by licence. AD hanc cur' tent' &c. compertum est qd' dns per T. P. Seneschal ' Sect. 628. suum ad ●ur̄ tent' apud C. tali die & ann concessit extra manus suas W. P. & haered' suis unam peciam trae continent̄ circa tres acras trae, sive plus sive minus habeat, quond ' T. C. in A. jacent inter etc. Habend' & tenend' etc. ad voluntat dni secund' cons. manij, & postea venit quaedam A. W. coram praef. T. P. Senesch' dni, & praetendit habere titul' in praed' pecia terrae, & hic pnsens in cur' remisit, relaxavit, & imperpet quiet' clam' W. P. & haered' suis, per licentiam dni, totum ius suum & clam' quae habet vel habuit, vel in futur' h●̄re poterit in praed' pecia terr', & in qualibet inde parcella. Ita viz. qd nec ipsa A. nec haered' sui, nec aliquis alius nomine eorum, aliquod ius, titul', interest, vel clam' in praed' pecia de caetero exig. vel vend' poterit, sed ab omni acc' iur seu clam' sint exclusi per praesentes etc. Et dat dno etc. ¶ A Copy to the husband and wife, with a Release to them by an other. AD hanc Cur' compertum est per homagium quod W. H. post ultim Sect. 629. cur' sursumredd' in manus dni tenementum etc. ad opus & usum M. uxoris eius & haered' svorum. Et super hoc ven' in plena Cur' I H. qui iam dict' M. in uxorem duxit cum pndicta M. & petunt admitti ad praemiss. quibus dns ꝑ Seneschallum suum concessit inde seisinam. Habend' & tenend' eyes & haeredibus dictae M. de dno per virgam ad voluntatem dni secundum consuetudinem manerij pndicti per redd' etc. Et daunt domin' etc. Et fec' etc. Et admiss. etc. Et postea ven' S. T. & sursumredd' relaxavit & quiet' clamavit dict' I H. & M. vxor' eius in plena & pacifica possessione existent, de, & in tenntiss praedict', totum ius, statum, titulum, clameun, interest, conditiones, & demanda sua quaecunque quae habuit, habet, seu habitur sit, de, & in tenement' etc. Ita quod etc. ¶ A Release of a title of Dower. AD curiam tent' etc. venit I T. nuper relict' I T. viri sui defunct', Sect. 630. & praetend' habere titul' in una domo etc. viz. tertiam partem omnium terrarum & tenementorum reddit' et seruic' come pertin' nomine dotis suae, ex donatione dicti I T. viri sui ꝓ quadam pecuniarum summa sibi per W. A. prae manibus solut, sursumredd' remisit et relaxavit praef. W. A. prae manibus suis totum ius suum, statum, titulum, clameun, interest, & demand' sua quecunque quae habuit, habet, seu habitura sit in praemissis: Ita videlicet quod nec ipsa I. nec etc. (ut supra.) ¶ A Certificate for payment of Subsidy money. WE whose names are here under written, Commissioners of Sect. 631. our Sovereign Lady the Queen's Majesty, amongst others within the County of W. for the taxation, levying and collection of the second payment of the first of the two Subsidies granted to her Majesty in the Parliament holden at W. in the xxxi. year of her highness Reign, Dee signify unto the right Ho. the Lord Treasurer, the Barons of the Exchequer, and to all other her Maicsties' Commissioners and Officers to whom it shall appertain, That A. B. of W. in the County W. Esquire, is tared and assessed to pay to our Sovereign Lady the Queen's Majesty, for the second payment of the said first Subsidy, and hath paid &c. after the rate of xx. l.. in land, amongst the inhabitants of the Parish of W. in the hundred of etc. in the said County of W. at which place the said A. B. was altogether resident with his family at the time of the taxation of the said Subsidy, Given under our hands and seals the sixth day of D. in the year of the Reign our said Sovereign Lady Queen Elizabeth the xxxiiii. Last wills and Testaments. Having hitherto entreated of Instruments of Sect. 632. such contracts as take effect in the life time of yus parties, with their manifold differences and examples: It is now time to deal with Instruments which take effect after their deaths. Of which sort be last Wills & Testaments, & letters of administration, which is a matter of no less difficulty than those other, aswell for their great diversity, as also for their obscurity, ambiguity, & incertainty: For many times it is doubtful in what sense the Testator would have his words taken, Insomuch that his will therein may rather by probable arguments be guessed then rightly gathered. By means whereof it happeneth oftentimes, that things well meant by the Testators, are evil and diversly understood by their posterity and survivors. Which difficulty deceiveth sometimes not only the common sort, but even men of good judgement: Insomuch that of one self question they pronounce different opinions. As if a man devise lands to I. S. to have & to hold to him for ever, and die, and the devisee enter into the same lands, some think he hath thereby fee, Littlet Sect. 586. and 22. E. 3. And others think he hath only an estate for the term of his life, for they hold that these words (for ever) can extend to none other than the devisee, because no more persons be named in the devise. And that the life of man in this respect, is said to be for ever with him. Perkins Sect. 557. But seeing all the ambiguities and incertainty of wills happen chief through their obscurity in the words or sentences thereof, it behoveth Notaries, and such as writ Wills, to have special care to set down the Testators very sense and mind very plainly, with apt and significant words and phrases omitting all such as be either hard to be understood or diversly to be taken. Notwithstanding that Wills being doubtful, are always to receive a benign and favourable interpretation, that if by any means it can, they may stand and be of force: for much better it is that Wills be perspicuous of themselves, then to be enlightened by the exposition and allowance of others. We will therefore in this treatise, discourse of some points of the doctrine and examples of last wills and Testaments plainly and briefly, leaving precise and curious questions to be handled by others of better skill. ¶ Of civil succession, and what last Wills and Testaments be. LAst wills and Testaments, are a kind of Civil successions. Sect. 633. For civil succession is divided into succession immediate or lawful, and mediate or testamentary. Succession mediate or testamentary, is when the person deceased made a william. This hath his efficacy by law, and that by man's will which receiveth full strength by and after the Testators death, and not before, and therefore is called a last william. The other is called lawful succession, because it hath being by the operation of law only. And the mediate succession, is termed testamentary (by Senecdoche) for that a testament is the principal kind or part of last wills. Hereby it seemeth with us that an Executor may be termed a successor testamentary, which is made by the last William. And an Administrator, a Successor lawful, which succeedeth him which dieth intestate. And for so much as while a Testament is hoped, there is no place for lawful succession, the doctrine of that aught to precede this. A last will therefore (ultima voluntas) is the disposition or bestowing of a man's own goods and lands, taking effect after his death. And it is Testamentary or Codicillarie: namely which is made by Testament, or Codicill, or Schedule. A testament is defined by most men voluntatis nostrae justa sententia, de eo quod quis post mortem suam ficri velit, for the perfiting of which definition, it seemeth good to add these words, (cum executoris institutione) for without an executor there can be no testament, for thappointment of an executor is the true formal cause thereof, giving essence thereunto. And therefore some shortly define a Testament (haeredis institutio) which is the naming of an executor, whereupon we may say, a Testament is a just sentence, or declaration of our mind, concerning that which we would have done after our deaths, with the ordaining of an Executor thereof. Or rather a testament is a last Will, which of his own nature in itself containeth a direct institution of an executor. The doctrine of Testaments standeth upon two parts, the making and a destroying thereof, both which, and also the will of every testator are to be measured by the rules of the law. The making of a Testament, is the right which giveth the communion or participation of the Testament. And this is chief regarded in the persons, and in the form of the Testament. And persons are principal or less principal: The principal persons be the testator and the executor, less principal be the witnesses and legatories: Hereupon the making only of a testament is active and passive. The active making of a Testament is which belongeth to the Testator, that he have right to make a Testament. And the passive making of a Testament, is that right which pertaineth to the executor and other persons less principal in Testaments, as to be made executors, legatories, or witnesses thereof, to take some legacies or benefits thereby. ¶ What persons may make Testaments, and what not. ¶ And all persons aswell males as females may be Testators and Sect. 634. make Testaments, but such as are prohibited: of which some are forbidden to make Testaments by nature, and some by law. By nature, through defect of mind or body, but no longer than such defect endureth. This defect of mind is when either his age is such that he wanteth discretion, or being of age wanteth it by chance, either natural or casual: Of the first sort be children which know not what they should do, as men under xiiii. years old, & women under xii. years, which above that age may make Testaments, but not of their lands of inheritance before the age of xxi. years, 34. H. 8. cap. 5. S. Lib. 1. cap. 21. lib. 2. capit. 28. Hereunto may be added doting old persons wanting judgement, and drunkards voided of reason. Of the latter sort be mad folks and Idiots at the time of the making of the Testament. The defect of body, is such infirmity by which the principal senses necessary for the making of Wills are hindered, as deafness, blindness, and dumbnes. Dumb or deaf folks by nature can make no Testaments, but they being so by chance or accident may make testaments if they be learned, and can writ and read. And blind folks and dumb folks may in some cases by signs, if they could once speak. By law are forbidden Testari such as be subject to others power, as bondslaves, villains; (but such as be executors to others) and women covert, without consent of their husbands (except executrices to others, or of thoses in action) Monks, Ehanons, Friars, & such other superstitious votaries. 14. H. 8. 16. 2. R. 2. 5. And such as have no estate or habisitie, as Traitors, felons, convict, notorious heretics, Apostates, captives by iust wars, persons outlawed or waiuted, persons imprisoned by dures, a fellow of himself: for these persons have no goods: ¶ Who may be Executors or legatories, and who not. ¶ The passive making of a Willis a right to take by a Testament, Sect. 635. which right allloiall subjects have, as freemen, villeins, men, women, single or married, children, yea, though they be in their mother's womb, lay men and clerks, But Traitors, Felons, heretics, apostates, persons outlawed, and such others, may not make Testaments: nay, neither be Executors nor legatories. ¶ What persons may be witnesses of Testaments. ¶ Persons less principal are witnesses of the making of the Testament, Sect. 636. which must be three or four, or more sufficient persons having power to make Testaments, and voided of all natural and civil impediments which may impeach their credit and testimony. ¶ How Testaments are to be made. ¶ We have spoken of the persons requisite in Testaments: now Sect. 637. let us view their form or manner of making and publishing of them. The form truly of making of Testaments, is the very disposition of the Testament rightly made, which is considered in the substance and inward form thereof, and in the outward action of making and proof of the same Testament. The substance or form of Testaments consisteth in the very institution and the ordaining of an Executor, and in the things of which disposition is thereby made. The institution of an Executor, is nothing else, but the Testators naming and appointment whom he will have to be his successor in his stead to enter and to have his goods and cattles; use actions against his debtors, and to pay his debts and legacies so far as his goods and cattles will extend. And an Executor may be either of all the Testament, and then he is termed universal, or of part, as of plate etc. and then he is named a particular Executor. Furthermore, the institution of an Executor is pure or mixed. A pure institution of an Executor, is, when one or more Executors be simply made without time or condition: for the Testator may assign as many Executors as he will, being capable thereof, as if he say, I make A. B. mine Executor, or any other words of the like sense. The mixed institution of a Testament is upon time or upon condition. Upon time, as if the Testator make I. S. his Executor, when he cometh to full age, or from London, or while he dwelleth at L. etc. and such like referrences to time, as to make him executor during ten years, or after ten years etc. Upon Condition, as when the Testator appointeth I S. his executor, if he before probate of the testament found sufficient sureties for the performance of his will, or with the addition of any other possible honest condition or conditions, for impossible conditions hinder not the pure making of the executors. And as one or more Executors may be made simply or conditionally, or with reference to time: so may Legacies and Devises be made to one or more simply or conditionally, or with reference to or from time. And note, that although that in the assignation of Executors, and giving of Legacies, and making of Devises our law respecteth not so much the natural property and signification of words, as the true intent and meaning of the Testator, whose mind is the very life & soul of the testament: yet it is always very requisite that the writers of Testaments do express the same with as apt and significant words as may be for avoiding of all scruples as may otherwise happen by doing the contrary. ¶ Of making of Testaments. ¶ It followeth to speak of the very action of making a Testament which consisteth chief in the fact thereof, and putting of witnesses thereunto, which is to be done at one self time. The form of publishing a Testament is the very action whereby a Testament is produced, publicly opened, recited, or made known. ¶ Of the destroying of Testaments. ¶ The destroying or weakening of a Testament, is when the Sect. 638. person named Executor, can not, or will not be executor, or die before he shall take upon him the executorship, or shall not be capable thereof. ¶ Of a Codicill. THe latter kind or part of succession universal, is termed Codicillarie. Sect. 639. A Codicill is an imperfect last Will of one testate, or intestate, not appointing any executor, which may be either written or nuncupative. And it skilleth not in what part of a testament the executor is named. Howbeit it seemeth good to name him in the very beginning, because the appointing of an executor is the very head and foundation of a Testament, without the which, neither can it stand, nor any devise or legacy be effectual. And again a Codicill is either perfect or imperfect. A perfect Codicill, is a Codicill having an obliqne institution of an executor: this Codicill resembleth a Testament, and is in stead of a Testament of one dying intestate. An unperfect Codicill is an addition annexed to a Testament, and it is testamentary or subsidiary. A Codicill testamentary, is a part of the Testament, and an addition or supplement thereunto, by which some thing is added to a testament, or some thing detracted there from the testator for the explaining or amendment thereof. A subsidiary Codicill is inserted into a Testament, to the end that if, that it be not of force by the right of a Testament, it may be effectual as a Codicill, and is rather termed a Codicillarie clause than a Codicill. ¶ Of a Testament written and nuncupative. ¶ And every Testament is either written or nuncupative: A written Sect. 640. testament is that which at the very time of the making thereof is put in writing, by which kind of testaments only lands and tenements may be devised, for they cannot pass by a nuncupative in our last will made by word. A nuncupative Testament is, when the testator doth by word only without writing declare his will before a sufficient number of credible witnesses. Testaments nuncupative for the better proof and continuance thereof, may after the making of the same be put in writing & proved: which notwithstanding that they be so written are still called and are in deed Testaments nuncupative. ¶ Of succession universal lawful, and administration. ¶ When he that is dead is intestate, either for that he made no Sect. 641. Testament, or made one, and the executor refuse to prove it, or otherwise, is of no force: Than lawful or inunediate succession taketh place. And this succession is called Administration, which is that trust which the Ordinary of the place where the intestate died, committeth to any person touching the intestates goods, cattles, credits & rights, for wheresoever a man dieth intestate, the Ordinary of that place may commit th'administration of his goods to his wife (if the suruine) or to the next of the intestates kin requiring the same, by the Statute 21. Hen. 8. cap. 5. And the power and charge of an Administrator is equal in every respect to the power & charge of executors, for they are both to have and sue for his goods and debts withholden from them, & are bound to pay his debts by specialty, according to the value of his goods. 31 E. 3. cap. 11. And sometimes further by their delays of false pleas which lie in their own notice, & being true, are peremptory bars to the creditors of their testator or intestate. But hast we to the several forms of Testaments, Codicils, and bills of Administration, beginning with Testaments. ¶ A very perfect form of a Will. IN the name of God, Amen. The xxvi. day of April in the year Sect. 642. of our Lord God, one thousand five hundred and ninety two, I I. H. the unprofitable servant of GOD, weak in body, but strong in mind, do willingly and with a free heart tender and give again into the hands of my Lord GOD and Creator, my spirit, which he of his fatherly goodness gave unto me, when he first fashioned me in my mother's womb, making me a living and a reasonable creature, nothing doubting but that for his infinite mercies, set forth in the precious blood of his dearly beloved son jesus Christ our only Saviour and Redeemer, he will receive my soul into his Glory, and place it in the company of the heavenly Angels and blessed Saints. And as concerning my body even with a good will and free heart I give it over, commending it to the earth where of it came, nothing doubting but according to the Article of my faith, at the great day of the general resurrection when we shall appear before the judgement seat of Christ, I shall receive the same again by the mighty power of GOD, wherewith he is able to subdue all things to himself, not a corruptible, mortal, weak, and vile body, as it is now, but an uncorruptible, immortal, strong, and perfect body in all points like unto the glorious body of my Lord and Saviour jesus Christ. First as touching my Wife with whom I coupled myself in the fear of God, refusing all other women, I linked myself unto her, living with her in the blessed estate of honourable wedlock, by whom also by the blessing of God I have now four Sons and three daughters viz. F. W. L. I. ja. F. and A. And albeit I doubt not but that God after my departure, according to his promise will be unto her a busband, yea a father, a patron, and defender, & will not suffer her to lack if she trust, fear, and serve him diligently, calling upon his holy name: yet for as much as God hath blessed me with worldly substance, and she is mine own flesh, and who so provideth not for his, denieth the faith, and is worse than an Infidel: I therefore give and bequeath unto her for term of her life, if she remain so long unmarried, the occupation of this house, and fermeholdes wherein I now devil at H. with the appurtenances, even as I presently occupy the same. And also the rents and profits yearly arising of my fermeholdes in H. in the tenure of I. T. And likewise the occupation of all other my lands and tenements, set, lying and being in the Parish of O. in the County of Y. doing no waste, with also her thirds out of all my goods (except my leases) observing the conditions, gifts, bequests and legacies hereafter ensuing in full recompense of her thirds or dower of all my lands and tenements. And except and always reserved to me and mine heirs for ever, my Ring of gold which I use to wear and seal withal, and all mine armour and furniture for the wars etc. with all the glass and wainskot in and about my houses at H. All which my will is, shall be annered to the freehold, and remain as heirelomes to my said house and mine heirs for ever. And if it shall Fortune my said wife to marry again and take an husband, than my will and full mind is, that my said house at H. and all other my said lands, tenements and fermes at H. and O. aforesaid with their profits and appurtenances, shall remain, descend and come immediately to the use, behoof and occupation of W. L. I and A. my children, during the minority of mine heir male (doing no manner of waste during the said term.) And in full recompense thereof, my said wife to have during the term of her life natural the sum of xl. pounds of lawful money paid yearly out of my foresaid lands and tenements in H. & O. wherewith she sayeth she is now right well pleased and contented: Let this suffice for my wives portion, whom I doubt not but God will take into his protection, and so provide for her in the time of her short pilgrimage, that she shall want no good thing, and I heartily desire her, that she be diligent in training up our said children in the fear & doctrine of the Lord, so shall God be unto her a husband, and to the children a Father. Moreover as touching my children, albeit I am fully persuaded that God according to his promise will be a Father unto them, and if they live in his fear he will not see them lack, yet since the law of God and nature require that I should have a reasonable care of them: Therefore I give unto mine eldest son F. and to the issue male of his body lawfully begotten, all my lands, tenements, & hereditaments with their appurtenances in H. and A. etc. or elsewhere within the Realm of England, purchased of A. B. the portion appointed to my said wife, for and during her life unto her marriage as aforesaid always excepted & forprised. And for default of such issue, to W. my second son, and to the like issue male of his body. And for default of such issue to L. my third son, & to the like issue male of his body. And for default of such issue to the next heirs of me the said I H. for ever. And to the said I. and A. H. I give and bequeath the other two parts of my goods, except my leases, and one hundredth pounds given to W. and L. as hereafter is expressed and appointed. Provided always, that if my said sons W. and L. or either of them do fortune to die before they shall accomplish the full age of xxi. years, than the suruivor of them shall enjoy such his portion, as is limited & appointed to be paid, that is to say, fifty pounds to each of them. And if it fortune God to take to his mercy both my said younger sons before the accomplishment of the said xxi. years above recited, that then both their said portions to be equally divided amongst my daughters then living. And if it fortune my wife to be with child at the time of my death, than that child to have as much in every respect as the said I. and A. throughout all the two parts of my said goods, and all other legacies before or hereafter mentioned, appointed and set out. Provided always that if I marry any of my said daughters before my death, than that daughter to have no part of my said two parts of my said goods in any other sort then as to have her part of such child's portions of my goods, as shall fortune to die, as is hereafter expressed. Provided that all my leases shall be taken as no part of my goods, but delivered unto my supervisors safely to be kept to the use of my next heir during the nonage of my said next heir, putting in good sureties in one thousand Marks to my said supervisors and executors, and administrators, or some of them, to answer such portions and legacies as herein is mentioned, declared, appointed and given to the rest of his brethren and sisters out of my said leases, as also truly to observe such limitations & estates as herein are also appointed or set out. And that he shall not alien, bargain, or self my of my leases, but that the same shall after his decease remain to my next heir male, for the better maintenance of this my house at H. and so from heir male to heir male. Nor shall not make any leases above the term of twenty & one years, or one or two lives at the most, reserving the rents now accustomed. And if he shall refuse so to do, than two whole parts of all my said whole lands to go to W. my second son, he putting in good sureties as is aforesaid. And in default thereof then to L. likewise as above is said. Item, I will that in case two parts of my goods will not answer every of my daughters the full sum of two hundred pounds for their marriages, than I will that there shall be taken out of mine own lands commonly called T. xx. pounds yearly & out of my lease of H. yearly until such time as every of my said i● daughters have had the just sum of etc. for their said filial portions. And if it shall fortune any of my said daughters to die before the age of nineteen. years unmarried, or married or having any issue of her body lawfully begotten: Than I will that her portion s● dying shall remain to the other of her brethren and sisters suruyving. And if it shall fortune, God to take an other of my said daughters in manner and form abovesaid: That then the second daughter's portion so dying shall be likewise equally divided between my younger sons and the daughter then suruyving. Provided always, that if the said W. and L. or any of them do refuse to stand to this mine appointment: That then they to have only their filial portions of my goods, and no part of my leases or other annuities or legacies in this my will given or bequeathed unto them, or any of them, and that then the said legacies or annuities appointed herein to go wholly to my daughters, till such time as every of them have the said CC. l. paid for every their portions. And if my wife bestow any more on my said sons, let it be upon their good behaviour towards her. And yet if it fortune my said wife to die before they or any of them do accomplish the age of xxvi. years, applying themselves obedient and likewise diligently at their learning, I will then after her decease, they and either of them so applying, and being under the age of twenty six years shall have paid forty shillings more yearly out of my moiety of B. until such time as they and either of them do accomplish the full age of forty years, if they so long do line. Item, I will in consideration of my said daughter's portion so appointed out of my said goods: That W. H. my second Son shall have one yearly annuity of fifteen pounds during the minority of mine heir, whereof eight pounds six shillings and eight pence to be taken of the profits arising of my lease in B. and vi. l. xiii. s. iiii. d. out of my moiety of A. And after such time as my said heir shall accomplish his full age, then and from thenceforth the said W. to have the said fifteen pounds paid yearly out of B. during xiii. years than next following, if the said W. so long do live. And if he die before the end of the said xiii. years, and leave issue of his body lawfully begotten, than that issue to have only vi. pounds xiii. shillings iiii. pence, paid yearly during the years to expend of the said xiii. years, if that issue so long do live, to be taken of the profits of B. aforesaid, at the feasts of Pentecost and S. Martin by even portions. And for nonpayment of etc. the said W. & likewise his next issue from time to time to distrain until the same be fully satisfied and paid with the arrearages if any fortune to be unpayed. Item I give and bequeath to L. H. my third Son one yearly annuttie of vi. l. viii. s. and iiii. d. whereof iiii. pound to be paid yearly out of my said lease of B. And likewise four Marks out of A. during the minority of my next heir. And after my said heir doth accomplish his full age, than the whole vi. l. xiii. s. and iiii. d. whereof iiii. l. to be paid during the term of xxx. years than next following out of my said lease of B. if he so long do live, & if he die before th'end of the said term of xxx. years and leave issue of his body lawfully begotten, than that issue to have only five marks yearly during the said years to expend if the said issue so long live, & to be paid at the feasts above said, with like distress to be taken for nonpayment thereof. And if it fortune any of them to die before th'end of the said term of xxx. years and leave no issue of his body living, and the other brother having issue, than that brother surviving, and the said issue so living to have yearly during the said years to expend only six pounds thirteen shillings & four pence, and no more out of B. aforesaid. And if it please God to take to his mercy F. mine eldest son without issue male of his body lawfully begotten, so as thereby my lands do descend unto the said W. his brother, that then this legacy or annuity so bequeathed and given unto the said W. and his issue to cease, and to be paid to L. and his next issue in manner and form as is appointed to the said W. and his issue, and the said legacy or annuity so first given unto the said L. and his issue to be void. And if it shall fortune my said son F. to die and leave issue female of his body lawfully begotten, that then the said W. or L. unto whom my said lands, shall come, or the next heir male of them shall pay unto that issue female of the body of the said F. five hundred marks towards the preferrment of that issue female, within five years next after the said issue female shall accomplish the full age of eighteen years, that is to say, one hundred marks yearly, if she do live so long, or to the issue of her body lawfully begotten, if that issue so long do live. And for nonpayment thereof in manner and form abovesaid, that then that issue female, and the issue of that issue female lawfully begotten, to have & to hold unto her and the heirs of the body of the said issue female lawfully begotten, all my lands within the Lordship of O. purchased of etc. to the said issue female, and the issue thereof lawfully begotten for ever. And for default of such issue to my next heir male, & their heirs for ever. Provided always, that my wife shall have the occupation of the lands and tenements contained in my said leases to her own proper use and education of my Children, so long as shall please her and keeping herself unmarried, and in my name paying after the rate of five pounds less in the whole yearly rent then an other will do for the same, and not otherwise. Provided also, that if it shall fortune God to take all mine heirs, before they shall have issue male lawfully begotten, so as their be no issue male proceeding of them or any of them, so as thereby my lands do descend to the issue female: than that issue female shall within two years next ensuing such certain knowledge had, & upon reasonable demand made, enter into bond to pay or cause truly to be contented & paid to the next issue male of my brother R. H. two. C. marks of lawful money of England. And for default of such issue male of my said brother them to pay unto his issue female 100 marks. And to the next issue females of the abovesaid W L. I. I and A. 500 marks, uz. to every one of them 100 marks, if the said issues do live until they be of the age of nineteen years, & if any of them die before that time, than the survivors to enjoy the portions of them so dying. And for nonpayment of the said seven or six hundred marks as above said: Than the issue male of my said brother, and likewise the issues females of my said brother, And also the issue females of the said W. L. I. I and A. to enter into my moiety of my manor of A. and the same to hold, occupy, and to enjoy to them and their heirs for ever. This seven or six hundred marks, as above is mentioned, I give as a token of continual remembrance of the hearty zeal, love, and affection I hear to the advancement of the issue general of me and my said children, as also the surname and whole blood of me the said I H. and the issue of my said brother. Item I give & bequeath unto my said loving brother R. H. if he be living at the day of my death, my best gown etc. Item I give unto every of my servants in my house at the day of my death etc. if they use themselves diligently and honestly toward my wife during one year then following etc. Item I give to P. W. my godson one colt of three or four years old, to be delivered unto him when he shall accomplish the age of one and twenty years. And to A. G. if she be living at the day of my death, one ewe. And to H. B. an old Angel. Provided always, that if my wife do make any challenge or claim to any part of the thirds, either of my lands or goods, or to any part thereof by force of being executrix, other than before is mentioned, and set out of her, as in such like cases many unkind women have done contrary to the good meaning, will, and trust of their husbands in prejudice of their natural children, which my said wife hath faithfully promised to me she will not do, the rather for that I have done nothing herein but by her full consent and agreement in every behalf, that then she to loose the benefit of all such legacies, and all other commodities appointed and given hereby to her, and the same to remain amongst all my children. Now as touching the poor, insomuch, as these worldly goods were given to me, that I should distribute part thereof to their necessity, viz. the poor, lame, blind, and comfortless: And albeit I have been quick in words, to such as were sturdy vagabonds, and idle loiterers well able to get their living by their labour, yet I have not altogether been unmindful of them, but distributed part of such as God sent me, having always thought it better in those causes to work while I lived in this world, then to have them done after my departure by executors. Yet notwithstanding I will, that there be distributed and given amongst the poor within the parishes of A. upon the S. x. pound, which I will have bestowed in manner & form following, that is to say, every Sunday during the space of two. whole years next after my death xiii. pennyworth of bread, which I will have bestowed upon xiii. poor folles. viz the halt, the lame, the blind, the sick, and such other as be most comfortless, and not able to labour. I think it also a deed of charity, and commendable work before God to repair the high ways, that the people may travail safely without danger, I therefore give to the mending of the high ways about S. B. and S. B. at H. twenty shillings to be employed by the discretion of my loving wife, whom I do ordain and make my full Executrix. And if she refuse so to be, than I ordain and make W. L. I and A. my children my executors, and my very loving friends and cousins A. B. etc. my supervisors, charging them and every of them in the name of GOD, as they will answer before the high judge Christ, at the dreadful day of doom, that they and every of them do see this my last will diligently and faithfully fulfilled in every behalf without respect of any person or persons whatsoever. Provided always, that if any person or persons which shall enjoy any benefit by force of this my last will, other than their filial portion, will not be ruled, aswell in their education and marriage, as in all o●●er lawful things concerning this my last Will by my said Executrix: And she being dead, by my said supervisors, or the most part of them: And they being dead, by four of their Uncles, or other their nearest friends & Allies indifferently elected, the same being known to be wise, indifferent, and of good discretion: that then they, and every of them so refusing utterly to loose all such benefit, as they or any of them might have by force of this my last will and Testament, and the same portion or benefit so given, then to remain to such, and as many as will be ordered & ruled, as is before mentioned and declared. Item I bequeath unto every of my said supervisors for their pains taking, one Gold ring of half an ounce, with these words graven seal wise upon the top of every the said rings Esto fidus. And also I will that their reasonable costs & charges be duly answered to every one of them of my whole goods from time to time, with recompense of their travel. Provided always, that if it shall fortune any question, ambiguity, or doubt to arise amongst my children, or any others claiming any benefit by force of this my last Will, that the only exposition, determination, & judgement thereof shall be determined & judged from time to time to the best of my mind, and according unto the literal sense & meaning of this my last will in every behalf, and by the exposition & discretion of my said supervisors, and others, as above is said & expressed, and not otherwise. Provided always, and my full mind and determinate pleasure is, that in case my next heir male, or any the heirs males of his body lawfully begotten, & likewise my sons W. and L. or the issue male of any of them to whom my said lands shall descend and come, do seek any mean or advantage by law or other fraud to convey, cell, alien, or otherwise to make any estate whatsoever, contrary to the true meaning of this my said last Will & Testament, to defeat, or disinherit any of his or their other brethren, & the heirs males of their bodies lawfully begotten, or any other before recited, being their brethren or cousins, be they either males or females, contrary to such limitation, as in this my said will is specified & contained, & do refuse to enter bond with good sureties, in such sort as my said son F. is to do, than I will that all such estates as be limited to such persons so doing to be utterly voided & of none effect, & that the next heirs males to him or them shall enter into, & quietly enjoy all my said lands and tenements whatsoever, in manner and form before specified, and not otherwise: any act or acts done, or to be done by my said next heir or the heirs of his body in any wise to the contrary notwithstanding. And the like order to be in every point & behalf truly observed by my second son, or the heirs of his body. Item, I give to my Lord B. Lord high Treasurer of England, if he be living at the day of my death, and the Queen's Majesty justly entitled to the wardship & marriage of my next heir twenty pounds, in consideration that my wife may after my decease have the wardship of my said heir, and the lands descending to the Queen's Majesty in lease, during his minority, his Lordship taking what shall best like him for her highness. And I do hereby revoke and adnul all former wills. In witness whereof I have hereunto subscribed my name, and set my seal unto this my present last Will and Testament, the day and year first above written, in the presence of A. B. C. D. F. L. & divers others. ¶ An other form of a Will. IN the name of God, Amen. The second day of januarie 1592. Sect. 643. I R. L. of etc. sick of body, but of good and perfect memory (God be praised) do make and ordain this my last Will and Testament in manner & form following, that is to say: First, I commend my soul into the hands of God my maker, hoping assuredly through the only merits of jesus Christ my Saviour, to be made partaker of life everlasting, And I commend my body to the earth whereof it is made. Item whereas I by deed indented, bearing date etc. have enfeoffed T. W. and W. W. of divers lands and tenements in M. and B. to the use in my last Will and Testament to be limited and appointed: My will therefore is, that they the said T. and W. shall take the rents, issues, and profits of the same lands and tenements yearly, by the space of xx. years now next ensuing, and therewith pay such debts as I own, and such Legacies as in this my last will shall be contained, so far forth as the profits thereof will extend. Also I give and bequeath to E. my wife forty pound● 〈◊〉 and besides such part of my goods as she (by the Law) aught to have, if no legacy were unto her given. Item, etc. to T. L. my son and heir apparent all glass and ceiling, in or about my house in M. aforesaid. Item, I will, that the residue of my goods, and the surplusage of the profits of the said lands so conveyed unto the said T. W. and W. W. which shall remain (my debts, legacies, funeral expenses, and my wives third part paid and deducted) shall equally be parted and divided amongst W. R. K. and G. my children, and such child or children as my wife hath now conceived (if she have conceived any) and the said portions to be paid unto them when they shall accomplish the age of one and twenty years. And if any of my said children do die before he or they shall have received their said portion, not having any child then living, than I will so much of his or their portion so dying as shall happen to be unpaid at the time of his or their death, shall be paid unto the rest surviving. Provided always, that if either of my said daughters be married after she shall be of the age of sixteen years, that then the portion of her so being married, shall be paid unto her within one half year after the said marriage. And I will, that the said T. W. and W. W. shall have the custody of the said W. & R. my sons and of their portions, and of the said T. L. my son and heir apparent, and of all his lands and goods until he be of full age of one and twenty years, and they to be brought up and ordered at their discretion, they having reasonable allowance for the keeping of them. And I will, that my wife shall have the custody of my said daughters, and their said portions, if she first find such sufficient security to be so bound in the double value of their said portions, unto the said T. W. and W. W. as they shall accept and like of for the payment of their said portions accordingly, and if they do find no such sureties, that then she to have for the keeping of either of them forty shillings by year. and the said T. W. and W. W. to have the custody of their said portions accordingly. And I make the said T. W. and W. W. executors of this my last will and testament. And I make R. R. and R. W. supervisors thereof. In witness etc. ¶ A perfect Testament and last William. universis & singulis Chr̄i fidelibus ad quos pnsentes literae Testimoniales Sect. 644. ꝑuener, joh. ꝑmissione divina Cant̄ Archiepiscopus rotius Angliae Primas & Metropolitanus, salutem in domin' sempiternam & fidem indubiam praesentibus adhiberi, Ad Vniversitatis vestrae noticiam deducimus & deduci volumus per praesentes quod scrutat registro curiae praerogativae Cant̄ in Archivis eiusdem bene & fidelit custoditis comperimus & inucnimus evident inter alia in eodem quod decimo die etc. Anno etc. coram H. I Surrogato venerabilis viri W. D. legum Doctoris curiae praerogativae Cant̄ magri custodis sive comissarij legit deputat' probatum approbatum & insinuatum fuit Testamentum F. R. nuper dum vixit de S. infra paro chiam de W. in come D. Coven & Lich. Dioc' nostraeque Cant̄ provinciae def. habentis dum vixit & mortis suae tempore bona mobilia velimmobilia spiritualia vel tēporal' iura sive credit̄ quecunque vel qualiacunque in divers. Dioc' sive iurisdictionibus peculiaribus commissaque fuit Administratio omnium & singulorum bonorum iurium & creditorum dictum def. & eius testamentum qualitercumque concern I R. filio & executori in hmodi testamento nominato de bene & fideliter administrand' eadem. Ac de pleno & fideli Inuentario omnium & singulor bonorum iurium & creditorum huiusmodi conficiend'. Et illud in curiam praerogativae Cant exhibend': Necnon de plano & vero compoto calculo sive ratiocin̄ inde reddend', Ad sancta Dei evangelia in persona P. I. notarij publici procuratoris sui in hac part legitime constituti jurat. Cuius quidem Testamenti verus tenor in haec verba sequitur. In the name of God. Amen. The seventh day of etc. And in the year etc. I. F. R. do make and declare this my last Will and testament in writing, revoking thereby both in deed & in law all other former wills & testaments. First I commend my soul into the hands of Almighty God etc. Touching my lands, tenements, and hereditaments where I have heretofore by my several conveyances for th'advancement of my younger sons P. G. R. and F. the younger assured my manors of H. B. & H. in the county of Y. And all my lands, tenements & hereditaments in H. B. D. H. and B. in the said County of Y. to such several uses and intents, as in and by the said several conveyances are expressed: My will and meaning is, that the same assurances shall stand and be effectual to the benefit of my said children, according to the true intent & meaning set down in the same writings. And I do by this my last will ratify and confirm, & further do will and devise all the said Manors, lands, tenements, and hereditaments to my said sons severally, and for such and the same estates to them particularly and singularly as be mentioned & limited by the said conveyances. And where in the assurance & mortgage concluded between me & T. N. gen t, I have put my faithful servants T. B. & R. C. in trust, my will & request is to them that they do perform & accomplish the same trust, and do make over such estate and interest as they have by the said conveyance to my son G. R. & to his heirs males of his body according to my true intent and meaning, whereunto I have made them pretty: for my full and plain meaning is, that seeing the said G. is my first and eldest son by my late wife M. that therefore he shall be remembered & rewarded as a secondary eldest son, & therefore shall have to him, and to the heirs males of his body, my said Manors of H. and B. and all my lands, tenements, and hereditaments in H. B. and D. Notwithstanding my meacute; aning is, and so I do hereby will and devise, that his two younger brethren R. and F. may have & enjoy the same severally during their lives either of them forty pound of etc. by the year. And that he the said G. do see the same paid according to my said conveyance. And I do further give unto my said son G. all those Statutes, Recognizances, and bonds, that the said M. N. and Sir H. K. have made and knowledged to me, or to any to my use for the performance of those bargains that be passed between us, and I will that the same bonds may besued in the name of my Executors but to the benefit of my said son G. and of his heirs males. And if the said M. N. do pay the said sum of etc. agreed upon, and thereby do redeem his said lands and inheritance in B. Than I do give and devise that my said son G. R. shall have the said sum of etc. to his use and benefit. Also I do give unto my said Son P. R. all my goods and chattels, stock and household stuff whatsoever that shall be and remain at H. aforesaid at the time of my decease. And I do further give unto the said P. the one half and moiety of all the Lead that shall be owing me at the time of my decease. And also the half benefit and forfeiture of all such bonds as any person or persons shall stand bound to me in for the delivery of any lead or lead over. And where I of very fatherly love, and the rather thereby to allure him to his book and study, did assure to my son F. the elder by my first Wife, all that my manor of B. with the appurtenances, and my park and new builded house there, since which time I have been urged by the great unto wardness of my said son (I will not use any more bitter words) to revoke and make void the said assurance, and now have given the said manor of B. to I R. my eldest son, as by the writing thereof appeareth, in which revokation I do protest before God I do not know any manner of defect or scruple whatsoever, yet weighing that Durum telum est necessitas, & that Homo perversus sussitar lights, and lastly, that the desire of such a House & Inheritance joined with any imagined title, will neither regard fatherly admonition, nor brotherly affection: And to the intent also the said F. my son may have some thing to maintain himself, & apply his book withal, if it please God that he may look back & call himself to an ordinary course of life, I do therefore for these respects give and devise to my said son F. the elder, those two rend charges of twenty pound a piece, amounting in the whole to 50. l. ꝑ annum, which I have going forth severally of the lands and inheritance of T. L. Esquire, and W. R. Esq. To have and to hold to him for and during his natural life. And my will is further, that if the said F. my son do give himself to the study of the common laws of this realm, whereunto I know he hath an aptness by nature although through evil behaviour & worse company he hath showed himself unapt heretofore, and do become either Reader in Chancery or in Court being called thereunto orderly, and performing the same with good liking and opinion of the house, & in proof thereof shall have it so signified under the hands and seals of four Readers of Gray's Inn for the time being: Than I will and devise the said two rend charges of xx. l. to the said F. R. and to his heirs for ever. And I do then also and not before devise unto him the Statutes, recognizances & bonds, which I have severally of the said M. L. and M. R. for the payment and several assurance of the said two rend charges or annual payment, and the benefit and forfeiture which shall grow or be by reason of the not paying thereof, or by any other default committed by them or eitherus, of them, their heirs or assigns. Provided always that my said son F. do within one half year next after my death, if he shall not make the same in my life time, release unto my said son I. R. and to his heirs for ever, all his right & title that he hath or may claim to have in the said manor of B. and in or to the said lands, tenements, and hereditaments of the park and new builded house in B. aforesaid, or into any the hamlets or villages adjoining thereunto, with warranty to be therein contained against him and his heirs for ever: And upon condition also, that he the said F. hath not charged or encumbered the said manor and premises in B. aforesaid or any part thereof, with any rend charge or lease whatsoever before the said release, where about three years past, I did in the name and behalf of my daughter K. and for her better preferment, concluded and agreed with M. F. now deceased, for the payment of etc. to my said daughter in the space of etc. as by the writings thereof appear, of which said payment the executrix of the said M. F. hath well and truly paid unto my hands, to the use of my said Daughter the sum of etc. due at the feast of etc. last past, my will is, that if the said sum of etc. be not by me answered to my said Daughter in my life time: That then the same shall presently be paid unto her by my executor after my decease. And my will is further, that if my said Daughter K. cannot lawfully by order of Law recover and obtain the said sum of etc. residue of the entire sum of etc. that then she shall be paid and satisfied of the said sum of etc. or of so much thereof as she cannot recover of the lands or goods of the said master F. or at the hands of his executrix or administrators by my Executor, the same payment to be made within etc. after my death. And moreover I give unto my said Daughter an hundred Marks, of etc. to make up her full and whole portion to the sum of etc. And also I do give unto her the Chein of gold that she commonly weareth, & all her jewels of gold, together with her late mother's Bracelets of gold, notwithstanding my meaningis, that if my executor ●o pay unto her the said sum of etc. or so much thereof as she shall or may not recover or obtain as is aforesaid, that then my said Daughter, do assign or set over the bonds and assurance made unto her by the said Master F. unto the said executor or his assigns, that to the end that he may then take the advantage & benefit thereof: for like as mine intentis, that my said daughter should be justly satisfied of the said five hundred pound, either by the heirs and Executrix of the said F. or else in default thereof by mine own Executor, even so my meaning is, not that my said daughter be double paid the said sum, I do give unto my Daughter T. over and beside the sum of etc. which to her is assured by myself and my son I. R. by conveyance in my life time the sum of etc. when she cometh to the age of etc. or be married, together with her jewels of Gold, and little Chein of gold which was her Mothers. And where I have concluded with R. T. Esquire, for a Marriage (by the grace of God) to be had between his son R. T. and my daughter E. my Will is, that if the said marriage do not take effect, that then my said daughter E. shall take the benefit of all such Bonds and Recognizances as the said Master T. hath made or knowledged to me: And that my Executor do not only suffer his name to be used for recovery thereof to the use of my said Daughter, but that he also and his assigns do to his and their uttermost endeavour aid and assist my said Daughter for the obtaining of the benefit and forfeiture of the said Bonds and Recognizances to her own use. Provided always, that my said daughter E. nor any for her, or in her name, do challenge or claim any title or interest, in, or to the sum of four hundred pound which I did convey unto her, to be paid of certain rend charges, which I appointed for that purpose before the said conclusion of Marriage: for my meaning is, that seeing I have well and truly paid unto the said T. the sum of etc. in consideration of the said Marriage to be had that the benefit that shall come to my said daughter by the said marriage, or by the bonds or covenants thereupon concluded shall serve her for her portion and advancement, & that she shall not take or challenge any other sum or portion of my goods or gift whatsoever, where I together with my eldest son I. R. have provided that my four youngest Daughters, to wit, A. C. I and B. be every one of them paid the sum of etc. for their advancement in marriage, at such days and times, as by the writings thereof are expressed: my meaning is, and so I do will and bequeath, that my said Daughters be justly and duly satisfied their said portions, in such manner and form, as by the said writings is appointed. And my will is further, that my said youngest Daughters shall every of them be brought up at my houses at W. or B. at the costs of my eldest son, if they be disposed to remain there until such time as they be severally well and truly paid and answered their said portions. I will that within one half year next after my death there be provided by my Executor one Chein of gold of the value of etc. which Chein I do give to my Daughter B. And I do heartily require and charge her, that she 'cause the same after her decease to be bestowed upon her son and mine N. B. I do will and devise the yearly rend charge of etc. which I have to me & mine heirs assured forth of the lands and Inheritance of A. E. gentleman, and the yearly sum of etc. to be taken forth of the manor of E. in the whole per annum twenty pound, to be employed for ever for the maintenance of the new exected Grammar School at S. the finding of two Scholarships in Saint john's in Cambridge, and the relief of the poor, hurt, and maimed Soldiers, which shall be sent to the wars out of the Towneships of S. B. and E. in the County of D. that is, eight pound by the year towards the same School, other eight pound per annum for the said Scholarships, and four pound yearly for the relief and succour of the said Soldiers. And now upon great good hope and fatherly affiance that I have, and trust to found in my eldest son I. R. towards his Brethrens and Sisters, I do make and ordain him my sole and only executor of this my last Will and Testament, and I say unto him and by him to call the residue of my children, as Solomon said to his son, Fili mi time Deum & Regem, and in any wise beware that you live not above your living, and especially in the beginning, for that will bring you to want and necessity, both in the mids and the ending. In quorum omnium singulorum praemissor̄ fidem & testimonium has literas nostras testimoniales fleri fecimus, ac eas sigillo Curiae praerogativae nostrae Cant appenc' communiri & corroborari, Dat' quoad scrutinium & sigillationem praesentium 28. die mensis Aprilis, anno dni 1591. Et nostrae trans. anno viii. ¶ A good Precedent for a Testament. IN the name of God Amen. The 21. day of the month of M. the Sect. 645. year of our Lord God etc. I. R. M. Mercer and Citizen of L. being of whole mind, etc. as before. First I commend my soul unto almighty God my maker and redeemer, and my body to be buried in the Parish Church or Churchyard of Saint N. in the City of London. Item I give toward the reparation of the same Church xiii. s. iiii. d. Item I will that all such debts and duties as I own of right or of conscience to any person or persons, be well and truly contented and paid by mine executors hereafter named, or else ordain so for to be paid without any delay or contradiction. And after my debts paid, and my funeral expenses performed, I will that all my goods, cattles, and debts shall be divided into three equal parts, whereof I will that A. my wife shall have one equal part to her own proper use, in the name of her purparty & reasonable part to her of all my said goods, cattles, and debts, after the laudable custom of the City of London belonging. And the second equal part of all my said goods, cattles and debts whatsoever, I bequeath to E & M. my daughters, & to the child now being in the womb of my said wife equally to be divided amongst them, and to be delivered unto them when they shall accomplish and come to their lawful ages of xxi. years, or else be married etc. And if it fortune any of my said children to decease before they accomplish their said ages, and before that time be not married: That then I bequeath her part or his part of them so deceasing, to the other of them then surviving, to be delivered unto them when they shall accomplish their said ages of xxi. years, or else be married. And if it fortune all my said children to decease (as God it defend) before they accomplish their said ages and before that time be not married: Than I bequeath as well all and singular the said part and portion of my said children in my foresaid goods, cattles and debts, as also my legacies to them hereafter bequeathed, to and amongst the children lawfully begotten of the body of R. M. of S. in the County of K. to be paid and delivered unto them at like ages, and in like manner as is appointed unto mine own children, & every child likewise to be others heir thereof. And if it shall fortune all the children of the said R. M. of his body lawfully begotten to decease (which God defend) before they come to their lawful ages, and before that time be not married: Than I will that all their said parts and portions of my said goods, cattles and debts, shall wholly be employed and bestowed in amending and repairing of high noyous ways nigh about the City of London, and to the marriage of poor maidens, by the discretion of mine executors and overseers, if they be then living, or else by the discretion of the L. Maior and his brethren the Aldermen of the City of London. And the third equal part of all my said goods, cattles, & debts, I reserve unto mine executors, therewith to perform my legacies and bequeasts hereafter specified, that is to wit etc. The residue of all my goods, cattles and debts, after my debts be paid, my funeral expenses performed, & these my legacies contained in this my present Testament fulfilled, I wholly give and bequeath to my said children equally to be divided amongst them, and to be delivered to them according as I have above willed and declared. Provided always, and it is my very will, mind, and intent, that shortly after my decease, all and singular my wares, stuff of household, plate, and all other my goods whatsoever they be, shall be prized by two indifferent persons, to be named and sworn by the L. Maior of L. and his Brethrens for the time being, & all & singular the portions thereof appertaining to my said children, aswell my second part, as my said legacy so to them made and bequeathed of my part immediately after the apprising, to be ordered according to the custom of the Orphanage of the City of L. by the L. Maior and his Brethrens. Item I will that the young men being free of the fellowship of Mercers of L. shall have the occupying of all my said children's portions and legacies during their nonages, they putting in sufficient sureties therefore, according to the said custom of the City of L. And I will, and my mind and intent is, that master H. L. and master R. M. or their assigns, shall have the keeping, governance, and bringing up of my said children during their nonages. And of this my present testament I make and ordain the said A. my wife, and the said M. H. & R. mine executors. And I bequeath to every of them for their labour in that behalf xx. li. and a black gown. And of the execution of the same I make and ordain W. P. overseer, and I utterly revoke & adnull all and every other former Testaments, wills, legacies, bequeasts, executors, & overseers, by me in any wise before this time named, willed, and bequeathed. These being witnesses. Memorandum that Testaments nuncupative are made by word only before witnesses, in form above said. ¶ A clause of a Will. ANd if it shall happen at any time hereafter any ambiguity, Sect. 646. doubt, or question to grow or arise by reason of thimperfection or defect, of, or in any the word and clauses or sentences in this my present last will and testament, or my true intent and meaning there: That then the further and better explanation, interpretation, and construction of the said doubt and ambiguity, I will that my said Executors shall expound, explain, & interpret according to their wisdoms and good discretions. ¶ A proviso to bind lands by william. Provided always, and my further will is, that if either of my Sect. 647. said sons, or the heirs of either of them do attempt or go about to do any act or acts, thing or things to alien & discontinue the said lands, tenements, & hereditaments, or any part or parcel thereof, to them, either or any of them by me given and bequeathed in manner & form aforesaid, either by feoffment, fine, recovery, or otherwise by any ways or means, so that the same lands etc. and every part and parcel thereof cannot or may not descend, come, remain, revert, and be in manner and form before in this my will limited, declared, and appointed, and according to the true intent and meaning of this my gift, will, and last testament: That then immediately & from thenceforth the estate, interest, and title of him or them so attempting, doing, or going about any such act or acts, thing or things, as is aforesaid, of, & in the said lands etc. shall cease & be clearly determined & extinguished, and that then immediately and from thenceforth the same shall remain, and be to such person and persons, as by this my will is limited and appointed, in such manner and form, and upon the like condition or conditions, as though he or they so attempting or going about any such act or acts, thing or things, in form aforesaid, were dead in deed, any thing before in this my present last will mentioned or declare to the contrary notwithstanding, leases for xxi. years at the most and under, or for one, two. or three lives whereupon the old, ancient, and accustomed yearly rent, or the value thereof or more shallbe reserved & assured to such person or persons, as shall or aught to have had the same estate or estates. Also the estate or estates that hereafter shall fortune to be made, to, or for the jointure or jointures of such as shall fortune to be the wife or wives of the said R. & G. or of the heirs of their two bodies, or of the heirs of the body of either of them lawfully begotten for term of the life or lives of such wife or wives only excepted and foreprised. ¶ A Codicill or schedule before the making of a Testament. I A. B. by the grace of God, sound in mind and body, praised be almighty Sect. 648. God, in these codicils or schedules, do dispose my last will as touching my goods, as followeth: that is to say, First I give to E. my wife in recompense of her thirds or reasonable portion of my goods, one hundredth pounds, and two of my best geldings, and two of my best beds fully furnished. Item I give to every one of my Sons ten pounds, and to every one of my Daughters twenty pounds etc. As legacies be bequeathed in last wills. And my will is, that this Codicil or schedule be and be adjudged & taken to be parcel of my last will, and to be of force by the right of a Codicil, or by any other right, in the best manner that may be. And I heartily require mine Executors, if God give me leave to make a Testament, & in default thereof, mine Administrators, that they do 'cause all things in this schedule or codicil contained, to be faithfully performed, according to my true meaning, as if the same were so declared and set down in my last Will and Testament. In witness whereof to this present Codicill I have subscribed my name. ¶ A Codicill made after a Testament or last William. BE it known that whereas I A. B. made my last will and Testament Sect. 649. in writing (if it be written, and if not, nuncupative) bearing date etc. that now forsomuch as I have changed my mind touching certain things in the same last will contained. And for and concerning all other things in the said last will mentioned (other than such as I shall not hereby otherwise dispose of) I do by this present Codicill confirm and ratify the said last Will, And first whereas by my said last Will I did give unto R. D. twenty pounds, my will now is, that he shall have but only ten pounds thereof. And whereas I devised to G. S. all my estate in one farm called W. in D. etc. which I hold by lease of M. B. for one and twenty years, my will is, that he have it only during tenue of the first years of the said term, and that Elizabeth my daughter shall have the residue of the said term of xxi. years towards her preferment in marriage etc. And so of any other Legacy, adding, diminishing, or clean destroying the same, or giving new Legacies, with this clause in the end: And my will is etc. ut supra in Codicillo ante testamentum. And it is to be noted, that a subsequent Testament must make mention of a precedent Codicill. And subsequent Codicils must make mention of Testaments and of Codicils precedent if any be: For one person may make but only one last will, but as many Codicils as he william. And Codicils may be made withany Testament, either precedent or subsequent. Letters of Administration. R. P. Legum Doctor Scaccarij Reverendissimi Sect. 650. in Christo patris & domini domini E. permissione divina Ebor' Archiepiscopi Anglie primat̄ & metropolitan̄ commissarius dilect̄ nobis in Christo D. L. de S. Ebor' dioc' vid' salutem in domino. Administrationem omnium & singulorum bonorum iurium & creditorum que fuerunt I L. nuper de S. pndicta mariti tui ab intestato (ut asseritur) defuncti tempore vite & mortis sue infra jurisdictionem dicti reverendissimi pattis existent tibi de tua fidelitate plurim cōfiden̄ in pios usus distribuend' committimus. Teque administrat in, & de eisdem bonis & caeteris praemissis praeficimus, ordinamus & deputamus per praesentes. Oneran te in virtute juramenti tui coram nobis in hac part praestiti qd' verum, plenum, integrum, & fidele inventarium omnium hmndi bonorum conficias, & nobis exhibeas, debitaque ipsius defunct', in quibus tempore mortis sue effectualiter tenebatur juxta juris exigent in hac part bene & fideliter persoluas, necnon compot̄ calculum sive ratiocinium de administratione tua hmndi in Scaccario Eborum reddas cum super hoc fueris evocata. Ac pra fatum Reverendiss. in Christo patrem & nos, ac omnes Officiarios & Ministros nros quoscunque indempnem & indempnes versus quoscumque ratione administrationis tuae huiusmodi imperpetuum conserves, saluo iure cuiuscunque. Dat' Eborum etc. ¶ A deputation to a Commissary or Deane. johannes R. Legum Doctor. venerabilium virorum dnorum Decani Sect. 651. & Capituli ecclesie cathedral' & Metropoliticae Eborum, causarum sive negotiorum suorum Auditor̄ suffic' & legitim deputatus dilectis nobis in christo H. M. in legibus Baccalaureo Decano decanatus de D. & I T. clerico rector● Ecclesiae parochialis de T. Ebor' dioces. salutem in dno sempiternam: Admetus admittend' ac vice & nomine nostris recipiend' cautiones obligator̄ (praesentibus annex') tam pro secura solutione pecuniarum summarum M. I E. & C. B. in eisdem nominat, ac eis pro porcionibus suis ali●sque legatis & iuribus ex bonis & catallis Magistr̄ A. B. sacre Theologiae Baccalaurei nuper canonici residentiarij ecclesiae Cathedralis & Metropoliticae & beati Petri Ebor' predicti patris eorum defunct' debit', quam pro indempnitate nostra, ac officiariorum & ministrorum nostrorum quorum cumque versus quoscunque, i●xta tenores cautionum p̄dictarum per quos●am A. S. de M. in comitatu E. gener, R. L. de S. in comitatu N. gener etc. in praed' cautionibus alias etiam nominat & in dioces. Ebor' degentes ac commorantes praestand', sigilland' & signand': Ac ad omnem juris & facti effectum deliberand'. Vobis coniunctim & divisim de quorum fidelitatibus circumspectionibus ac industrijs plurimum confidimus vices & aucthoritat nostras committimus per pnsentes. Et quid in praemissis feceritis nos seu locum nostrum tenens seu tenent circa festum Purificationis beatae Mariae virginis ꝓximun futurum post datum presentium de gestis in hac ꝓte, una cum pres●tibus & cautiomb●s h●̄di debit' certificetis, (seu sic) certificet ille vestrum qui presentem nostr' commissionem fuerit execut. Dat' Ebor' sub sigillo officij praed' decimo die mensis Decembris, Anno Domini 1592. ¶ Administration by the Archbishop of Canterbury, where the intestate had goods in divers Dioceses. I. providentia divina C. Archiepiscopus totius Anglie Primas & Sect. 652. Metropol●tanus, dilecto nobis in Christo pnnobili viro dno Gilb. Comiti moderno S. filio naturali & legitimo dni G. nuper Comit̄ S. & Comiti, Mariscalli Angliae praeclarique ordinis garterij Milit def. Salutem. Cum idem dominus G. def. habens dum vixit & mortis suae tempore bona iura sive credit̄ in diversis diocese. sive iurisdictionibus suum dum egit in humanis rite & legitime condiderit testament̄ suam in se continens ultimam voluntat in quo sive qua E. T. & H. T. armig' filios suos naturales & legit●mos nominaverit, ordinanerit, fecerit & constituerit executores. Qui quidem executores ex certis causis animos suos in hac part just moven oheri executionis dicti testamenti express renunciaverunt Cuius praetextu omnium & singulorum bonorum iur̄ & credit̄ antedict' def. plenaria dispositio administrationisque eorund' commissio, Nec non comp̄ calculi sive ratiocinij administrationis hmndi audit̄ finalisque liberatio sive dimissio ab eadem ad nos solum & in solidum & non ad alium nobis inferiorem judicem notorie dignoscuntur pertin'. Nos vero affect' ut bona iura & credita dict' def. bene & fideliter administrent dictumque testament̄ perimpleat, suumque debitum sortiatur effectum, ad administrand' igitur bona iura & credita hmndi juxta tenorem & effectum testamenti supradicti pnsentibus annex' ac bene & fidelit disponend' de eisdem, Necnon credita quaecunque dict' def. petend' colligend' leuand' & exigend' quae ad eundem def. dum vixit & mort̄ suae tempore pertinuerunt, Ac primo de soluend' aes alien̄ in quo idem def. hmndi mort̄ suae tempore extitit obligat, deinde legata in dicto testament̄, praesentibus ut praefert annex' content̄ & specificat quatenus bona iura & credita sua hmodi ad hoc extendant juxta ratam eorundem, Tibi de cuius fidelitate in hac part confidimus primitus de bene & fidelit administrando ead' ac de pleno & fideli inventario omnium & singulor bono● iur̄ & creditor̄ hmndi conficiend', & illud in Cur' praerogativae nostr' Cant̄ secundo die post festum Ascen̄ dni nostri prox. futur' exhibend', Necnon de pleno & vero compoto calculo sive ratiocinio in ea part reddend' ad sanct' dei evangelia in persona mri G. C. notarij publici ꝓcuratoris tui in hac part constitut̄ iurat plenam tenore praesentium committimus potestatem. Teque administratorem omnium & singulor bonor̄ iurium & credit̄ hmndi ordinamus deputamus & constituimus per pnsentes, Dat' London vicesimo tercio die mens. Decembr Ann etc. ¶ Administration by the Archbishop of Y. johannes providentia divina Eborum Archiepiscopus Angliae primas Sect. 653. & Metrop, Dilect' nobis in Christo pnnobili vir G. comiti moderno S. filio nat̄ & legit G. nuper comitis S. ac comitis Mareschalli Angliae praeclarique ordinis garterij militis def, salut̄ in domino: Cum dilectus noster I B. legum Doctor curiae progativae nostrae Eborum Commissarius rite & legitim procedens ex certis causis coram eo ex part tua allegatis & ꝓpositis, & ex alijs justis & legitimis causis se & animum suum in ea part moventibus ad petitionem partis tuae lras administrationis omnium & singulorum bonorum iurium & creditorum quae fuerunt dicti def. in & per totam provinciam nostram Eborum existent alias nobili mulieri dominae E. comitissae S. viduae relictae dicti domini G. def. per commissarios nostros Cur' nostrae praedict' S. concessas reuocand' fore decrevit & revocaverit, ac ꝓrevocatis administrationem juris & facti effectum exinde quovismodo sequi valen̄ haberi volverit, declarauerit & pronunciauerit, Necnon ad petitionem partis tuae administrationem omnium & singulorum bonorum iurium & creditorum quae fuer' ipsius def. infra provinciam nostram Eborum existent saltem non legitime administrator̄ tibi de novo committend' fore decreverit, ac etiam tibi in persona. I. S notarij publici procuratoris tui in hac part legitime constitut̄ coram eo in form̄ juris primitus iurat cōmiser̄ (justitia id poscent) Tibi igitur de cuius fidelitate plurimum in domino confidimus administrationem omnium & singulorum bonorum iurium & creditorum quae fuerunt dicti def. infra provinciam Eborum existent habentis dum vixit & mortis suae tempore bona notabilia in diversis dioces. sive jurisdictionibus infra provinciam nostram Eborum: cuius praetextu omnium & singulorum bonorum iurium & creditorum antedicti defunct̄ plenaria dispositio administrationisque eorundem commissio, Nec non compoti calculi sive ratio cinij administrationis huiusmodi auditio, finalisque ab eadem liberatio sive dimissio ad nos solum & in solidum & non ad ullum alium judicem notorie dignoscuntur pertinere plenary etiam committimus, Teque administratorem de & in eisdem bonis caeterisque praemissis praeficimus ordinamus & deputamus per praesentes, Onerantes te in virtute iuram tui praedict' quatenus plenum verum & fidele Inuentar̄ omnium huiusmodi bonorum conficias & nobis in Curia nostra praedict' citra festum Ascensionis domini nostri pro●im̄ futur' post datum praesentium exhibea. Debitaque ipsius defunct' in quibus tempore mortis suae effectualiter tenebatur juxta juris in ea part exigent, Necnon legata in Testamento praesentibus annex' contenta & specificata i●xta faculrates bonorum bene & fideliter persoluas. Nec non compotum calculum sive ratiocinium ' de & super administrationem tuam praedictam in Curia nostra praedict' reddas cum super hoc fueris euccatus, Ac nos & omnes & singulos officiar & ministros nros quoscunque indemnem & indemnes versus quoscunque ratione p̄missorum conserves: Saluo iure cuiuscunque. Dat' Ebor' sub sigillo officij nostri prerogativae praed' ultimo die mensis Decemb. Anno dni 1590. Et nostrae trans. ad Archiepiscop̄ Eborum anno secundo. In Dei nomine Amen. Admissis probationibus de & super factione testament̄ praesentibus annex', coram nobis I B. legum Doctore & M. S. artium Magistro Cur' praerog. Reuerend' in christo patris & domin' dni divina ꝑmissione Ebor' Archiepi, Angliae primatis & Metropolitan̄ commissarijs legitime deputatis ipsum testam rite factum & legitime probatum, Nos Commissarij antedicti approbamus & insinuamus, ac pro valore eiusdem declaramus. In cuius rei testimonium sigillum officij nostri predict' praesentibus est appositum. Dat' Eborum sub sigillo praed' vltim̄ die mensis Decembris etc. Thus much of Testaments, Codicils, and Letters of Administration. An inventary. AN Inventory is a description or repertory orderly made of Sect. 654. all dead men's goods and chattels prized by four credible men, or more, which every Executor and Administrator aught to exhibit to the Ordinary, at such time as he shall appoint the same. And Inuentaries aught to be made so soon as conveniently may be after the party's death, lest the goods be imbesiled, and for the most part they are made thus: The inventary of the goods and cattles of A. B. of D. in the County of C. yeoman deceased, made and proved by C. D. E. F. G. H. and I K. the second day of May, in the xxxvi. year of the reign of our Sovereign Queen Elizabeth etc. 1594. Inprimis, in ready Money. x.l. His Apparel. xl. s. Item in his bed Chamber two standing beds with testors. iiii. l. Item four Featherbeds, and one down bed. x. l. Item fowerteene Blankets xxx. s. Item eight pair of Sheets. xl. s. Item six Coverlets, and two coverings. seven. l. In like manner every thing, as woollen, linen, wine, oil, beer, ale, corn, and grain, hay, wool, flax, wood, coals, iron, lead, household stuff of all sorts: as tables, hangings, chairs, cushions, chests, pots, pans, pewter vessel, brewing vessels, implements of husbandry, leases, debts due to the dead man, or by him due to any other, corn upon the ground, horses, oxen, kine, sheep, swine, pullen etc. And for the household stuff either to set down what is in every several room: as every parlour, chamber, study, shop, buttery, seller, panterie, hall, deirie, kitchen, brewhouse, backhouse, laundry, barn, s●able, oxehouse, cowhouse, doovehouse, staughterhouse, milkhouse, and every other house. Or else (which seemeth better) to sort all things of one kind together: as all brass together, all pewer, together, all bedding together etc. prising every thing severally by itself. And then to subscribe the same inventary with the names of the same praisers, in the presence of sufficient witnesses. And this aught to be done with great diligence, care, and sincerity, that the true value of eurry thing may be known, to the end that the ●a● man's children or kinsfolks, his legatories and creditors may have their own, without such fraudulent concealing, as in like cases is daily committed. Per nos A. B. C. D. E. F. G. H. FINIS.