The Modern Conveyancer: OR, Conveyancing improved. The Modern Conveyancer: OR Conveyancing improved. BEING A CHOICE COLLECTION OF PRESIDENTS ON MOST OCCASIONS; Drawn after the Manner of Conveyancing Now in Use, BY The greatest Hands of the present Age, of which some are still Living. Consisting of Settlements of ESTATES upon Marriages, &c. With an Introduction concerning Conveyancing in General. LONDON: Printed by the Assigns of Richard and Ed: Atkyns, Esquires; for John Walthoe, and are to be sold at his Shop in Vine-Court, Middle-Temple. MDCXCV. THE INTRODUCTION. AS Conveyancing is one of the biggest Branches of the Great Body of the Law, and well digested Deeds or Written Instruments, the Fruits thereof; So a Faculty to discern such as are mature and ripe, to answer their proper ends and uses, is one of the greatest requisites, and( if obtained) Accomplishments belonging to the whole System of Clerkship. Instead therefore of a Preface to the following Book, we have thought it more proper( on this Occasion) to make an Introduction, concerning each manner of Deeds now used in Conveyancing, and thereby the passing of Estates from one to another. And because every dead is not fit and proper for every Occasion to be used; but some being proper on some Occasions, and some useful on others, the Law having applied to every dead their particular Operaion: It may not therefore be amiss, to give some Account in General of each particular dead, and of their peculiar use, so as to be employed as Occasions require them, before we come to the Book itself. But first we will consider of a dead in its entire Body, and next proceed to its Particulars. Of a dead entire. dead, what. A dead, is a Writing or Written Instrument, either on Paper or Parchment,( as may be thought most convenient) Sealed and Delivered by the Parties thereto, to prove and testify their Agreement to such matters and things as are therein contained. Some Deeds concern Realty, as a Feoffment of Lands, &c. and some Personalty, as a Gift of Goods, and the like. Also some Deeds are Poll, and some Indented. dead Poll. Poll Deeds are so called, because they are cut even and plain at the Top, and properly are single and but of one part, and is intended for the use of the Grantee, Feoffee or Lessee. Indentures. Deeds Indented are such as are cut in and out at the Top, and properly made when there are intended to be Two or more Parts thereof, that they may at the Top be cut into one another, and are all to contain the same Words, Covenants or Agreements. The dead Poll commonly begins in these Words; To all People to whom these Presents shall come, &c. Or, Know all Men by these Presents, &c. and may run on in the First Person, or in the Third. The other usually thus; This Indenture made, &c. Yet if it be not actually Indented, though it begin in these words, it is no Indenture; also if it be Indented and begin not in these words, it is an Indenture, and that for the Reasons aforesaid: And commonly each Party hath a Part of the Indenture, after they have interchangeably Sealed and Delivered to one another. It usually runs in the Third Person, but may be good in the First, where both parties Seal and Deliver; therefore they are often called Bipartite, Tripartite, Quadripartite, &c. having two, three or four parts and parties. That part which the Grantor, Feoffor or Lessor seals, is called the Principal or Original, Original. and the rest are said to be Counterparts Counterpart. or Copies; and yet all of them do make but one entire dead in Law, though every part asunder is of as great force and effect, as all the parts together. For the Words of the Indenture are looked upon as the Words of either party, and shall be applied to that party to whom they properly belong. See Co. upon Lit. 35, 143, 229. And Note, That there may be divers kinds Divers kinds. of Deeds; for every Agreement put in Writing, and Sealed and Delivered, becometh a dead. Some Deeds are Constitutive, Deeds Constitutive. or Making and Conveying, as Feoffments, Gifts, Grants, Leases, &c. They are said to be Constitutive or Making, because they Create what was not before; as the first Grant of a Way, of a Rent, or of an Estate in Tail, for Life, or for Years, with Warranty or without, and are either Absolute or Conditional. They are said to be Conveying; because Estates then, or formerly made, are thereby Conveyed to others. Also some Deeds consist of Discharges, Deeds Remissory. which are Remissory or Liberatory, releasing or discharging something in being; as, Releases, Acquittances, Defeazances, and the like. By what Deeds Lands usually pass. Now the Ordinary Deeds by which Lands and Goods pass from one to another, are these; Viz. 1. Assignments. 2. Bargain and Sale. 3. Confirmations. 4. Covenants to stand seized. 5. Exchanges. 6. Feoffments. 7. Fines. 8. Gifts or Grants. 9. Indentures, to led Uses of Fines, &c. 10. Lease and Release. 11. Recoveries. 12. Revocations and New Declarations. 13. Surrenders. 14. Wills, &c. Assignment, what. 1. Assignment, is the appointing or setting-over a Right unto another; he that assigns is called the Assignor, Assignor, and Assignee. and he to whom it is assigned is called Assignee. So in other Deeds there is Bargainor and Bargainee, Confirmor and Confirmee, Covenantor and Covenantee, Exchangor and Exchangee, Feoffor and Feoffee, Conusor and Conusee, Donor and Donee, Grantor and Grantee, Lessor and Lessee, &c. Bargain and Sale. 2. A Bargain and Sale, Bargain and Sale, what. is the Transferring of the property of a Thing from one to another upon valuable Considerations. Confirmation. 3. A Confirmation, Confirmation, what. is the Conveyance of an Estate or Right that one hath into Lands or Tenements to another that hath the possession thereof, or some Estate therein, whereby a Voidable Estate is made sure and unavoidable, or whereby a Particular Estate is increased and enlarged, and is properly made by the words Confirmasse, Ratificasse, and Approbasse, which do signify Ratum& firmum facere,& supplere omnem defectum. Co. Lit. 295. Covenants to stand seized. 4. Covenants to Uses, Covenants to stand seized to Uses. are grounded upon the Statute of 27 H. 8. which was made to prevent former Abuses, occasioned by such as would give the Freehold or possession of their Land to another and take the Profits to themselves, so that the Use and Possession was divided, with many Inconveniences: But this Act provides, That where any are or shall be seized of any Lands to the Use or Trust of any other, by reason of any Bargain, Sale, Feoffment, Fine, Recovery, Contract, Agreement, or otherwise by any means whatsoever, Cestuy queen Use or Trust, that hath any such Use in fee-simple, for Term of Life or for Years, or otherwise, or any Use in Reversion or Remainder, &c. shall have the possession of the Land in such Quality, manner and Condition as he had the Use or Trust: And where any one is seized of Lands, to the use or intent that another shall have a yearly Rent out of the same Lands, Cestuy queen Use of the Rent shall be deemed in possession thereof, of like Estate as he had the Use. By which Statute the use and possession of the Land is at this day conjoined, so as they cannot now stand apart or be divided; but he that hath the one must have the other, and the one doth ensue the other as the Shadow the Body; and the Law settleth the Estate, according to the use and intent declared; so that now what Estate a man hath in the Use, the same he hath in the Possession. Requisites to execute an Use according to Statute. But Four things are required to every Execution of an Use within this Statute: 1. That there be a Person seized. 2. That there be a Cestuy queen Use in Esse. 3. That there be an Use in Esse in Possession, Reversion or Remainder: And 4. That the Estate out of which the Uses arise, be vested in Cestuy queen Use: So that when these Four, viz. Seisin in the Feoffees, Cestuy queen Use in rerum Natura, Use in Esse, and that the Estate of the Feoffees doth rest in Cestuy queen Use, then there is an Execution of the Use within this Statute. Uses excluded. And it is agreed, That this Statute doth not Execute any Use, but only Uses in Esse; so that the Right of a present and a future or contingent Use are excluded, until they come in Esse; and then the Statute doth execute them also, if no alteration be of the Estate of the Land before: But such Right of Uses in Esse, and Uses in Contingency until they happen to be in Esse, remain at the Common Law as they were before the Statute. 1 Co. 126, 136. Plow. 391. Dy. 58, 88, 330. A Covenant to stand seized to Uses, may be in this sort: A man that hath a Wife and Children, Brothers and Kinsfolk, may by dead covenant and agree, That for their or any of their Preferments, he will stand seized of Land to their use, either for Life in Tail, or Fee-simple. And upon this Agreement there ariseth an Equity, That the Land shall go according to his Agreement: And the aforesaid Statute 27 H. 8. Conveyeth the Estate of the Land as the Use is appointed. Note also, Consideration to raise an Use. There must be a Consideration to raise an Use according to this Statute: For if the Party to whole Use he agreeth to stand seized of the Land, be not Wife, Children, Uncle or Cousin, or one that he intendeth to mary, then will no Use arise, and so no Conveyance. For although the Law allow the Considerations of Marriage and Blood to raise Uses; yet doth it not so of trifling Considerations, as Old Acquaintance, Schooling, Service, and the like. 1 Co. 176. 2 Co. 15, 76. 3 Cro. 394. Dyer 169, 312. 1 Cro. 529. Jon. 418. Plow. 307. Yelv. 51. And therefore if one Bargain and Sell his Land to another by dead Indented and enrolled without Consideration, it seems no use will rise by this to the Bargainee. But if it be in Consideration of a competent Sum of Money; as 100 l. paid or to be paid, or for Counsel given, or the like; in these Cases the Use will arise to the Bargainee well enough. Also where a man maketh an Estate of his Land to others by Fine, Feoffment or Recovery, he may then appoint the use to whom he listeth, without respect of Kindred, Marriage-Mony or other thing: But he cannot do so when he maketh no Estate, but only agreeth to stand seized: Nor in Bargain and Sale, when he hath taken a Consideration as aforesaid. Exchange. Exchange, what. 5. Exchange, is a mutual Grant of equal Interest the one in Exchange for the other, &c. where one man is seized or possessed of Land in Fee-simple, Fee-tail, for Life or for Years; or is possessed of Goods, and another man is seized or possessed of other Lands, or possessed of other Goods in the like manner, and they do Exchange their Lands or Goods the one for the other. And in this there is a double Grant, each granting that which is his, to the other. Co. Lit. 501. Finch. 17. Perk. Sect. 253. Equality of Estates. Two Grants. In Exchange both the Estates must be equal. There must be two Grants, and each Grant must mention the word ( Exchange.) The Effect The Effect. of such Exchange is, That it doth give the Interest and alter the property of the thing Exchanged to either party, according to the Agreement. What an Exchange importeth. Also in the Law, Exchange importeth a Condition of Re-entry and a Warranty, vourcher and recompense of the other Land that was given in Exchange, and an Exchanger may Re-enter upon an Assignee; That is, A Condition to give a Re-entry upon all the Land given in Exchange, if he be put out of all or part of the Land taken in Exchange, and a Warranty to enable him to Vouch, and to recover over in value so much of his own Land again, given in Exchange, if he be sued for it. So that upon every Exchange, either party( if he be put out of, or lose by Action the Land he taketh in Exchange) hath a double Remedy Double Remedy. against the other; but yet this Remedy doth go only in the Privity, and shall not go to an Assignee. Therefore if one of the Parties is put out of all or part of the Land, or out of part of the Estate by Entry, and the other Party enters upon the others Land upon the Condition in Law, he may enter upon the whole Land and avoid the whole Exchange; but if he be impleaded for a part only, or for the whole, and a part only be recovered from him, Recovery in Value. in this case he shall recover so much in Value of the other Land only as he hath lost, and no more. Example: As if an Exchange be of three Acres for three Acres, and after one of the Parties is put out of one of the Acres by the Entry of a Stranger; in this case he may enter upon the whole three Acres he had given in Exchange, and so avoid the whole Exchange, if he will. 4 Co. 121. Vide Bro. Exchange throughout, Fitzh. Exchange in toto. And it is said Exchange may be made by Word without any Writing, Exchange by Word. or by dead in Writing. But Note, Exception. If all or part of the things whereof the Exchange is made do lie in several Counties, or if all or part be such as lie in Grant, and not in Livery, though it be in the same County, in this case it must be made by dead Indented in Writing: But where the Exchange is of Lands, and of Lands lying in the same County, though it be of an Estate of Freehold or Inheritance, yet it may be made by Word of Mouth without Writing. And so it may be, when the things Exchanged do lie in divers Counties, when the Exchange is made only for a Term of Years. Co. Lit. 51, 52. 9 Co. 15. Perk. Sect. 244, 247, 248, &c. Note also, If any Rent, Reversion, signory, or the like, be granted by either Party, that then the Tenant must Attorn to the Grant; for that Attornment Attornment. is necessary in this Case. And yet in case of the Grant of Land in possession in Exchange, no Livery of Seisin Seisin. is needful. Neither is it needful that either Party to the Exchange, come to the Thing given to him in the Exchange, by the same means and manner of Assurance: For if the Lessee for Life of one Acre, give another Acre to his Lessor in Tail in Exchange, for a Release from him of that Acre, to have and to hold in Tail in like manner; this is a good Exchange. Perk. Sect. 229, 263, 267. Feoffments. Feoffment, what. 6. Feoffment strictly and properly, is the Gift or Grant, of any Honours, Castles, manors, messages, Lands, Houses, or other Corporeal immovable things of like nature, which be hereditable to another in Fee-simple; ( id est) To him and his Heirs for ever, by the delivery of seisin and possession of the Things given. Co. Lit. 9. Lit. Sect. 57. Therefore in brief it may be defined thus; That where by dead Lands are given, and Livery and Seisin made, it is not called a Feoffment, unless the Fee-simple be conveyed; otherwise it is called a Lease for Life, Lease, or Gift. or Gift in Tail. Feoffment most ancient and excellent. And this manner of Conveyance, as it is the most ancient kind, so it is said to be the best and most excellent of all others, and in some respects to excel the Conveyance by Fine and Recovery. For it is of that Nature and Efficacy, The Efficacy thereof. ( by reason also of the Livery of Seisin, which is evermore incident to it,) that it cleareth all Disseisins, Abatements, Intrusions, and other wrongful and defeazible Titles, and reduceth the Estate clearly to the Feoffee, when the Entry of the Feoffor is lawful: Which neither Fine, Recovery, nor Bargain and Sale by dead Indented and enrolled will do, when the Feoffor is out of possession. And it passeth the present Estate of the Feoffor, Barreth present and future Right. and also barreth and excludeth him of all present and future Right to the thing which is so conveyed; insomuch that if one have divers Estates, all of them pass by his Feoffment, and if he have any Interest, Rent, Common, Extinguishment. or the like, into or out of the Land, it is extinguished and gone by the Feoffment. Further also, Barreth Collateral benefits. it barreth the Feoffor of all Collateral benefits touching the Lands; as Condition, Power of Revocation, Writs of Error, Attaint, and the like; so that if a man make an Estate of the Land upon Condition, or with power to revoke it, and afterward he make a Feoffment of the Land; by this Feoffment he is barred for ever of taking advantage of the Condition or power of Revocation. It destroyeth contingent Uses, Destroyeth contingent Uses, &c. gives away a future Use inclusively, gives away a signory inclusively, and gives away a right of Action. For both the Feoffment and Livery of Seisin incident thereunto, are much favoured in Law, and will be construed most strongly against the Feoffor, in advantage of the Feoffee. And for that it is so solemnly and publicly made, Livery and Seisin. it is of all other Conveyances most observed, and also best remembered and proved, by reason of the Livery and Seisin, &c. West. Symb. 235. Co. Lit. 6.49. 9 Co. 1. 111, 112. 6 Co. 70. 1 Co. 121. Plow. 554. Perk. Sect. 210. Fine. Fine, what. 7. A Fine, is taken for a final Agreement, or Conveyance upon Record, for the settling and securing of Lands and Tenements, acknowledged in the Kings Court( by the Cognizor of the Land or other thing) to be the Right of the Conusee; and it is said to be finalis Concordia, quia finem ponit negotio, adeo ut neutra pars litigantium ab eo de caetero recedere posset. Co. Lit. 126. West. Symb. par. 2. ch. 1. I shall not enlarge more upon it in this place, there being particular Books for this purpose, as Touchstone of Presidents, Common Law of Assurances, &c. 8. Gifts or Grants. Gift or Grant. 1. A Gift strictly taken, is a Conveyance, or passing an Estate of Lands or Tenements to another in Tail, wherein the word Dedi, or I have given, is most commonly used, and for the most part it is by dead, though it may be otherwise. 2. A Grant especially taken, signifieth a Gift in Writing, of such things as cannot aptly pass by Word only without Writing; as Rents, Reversions, Services, Advowsons in gross, Commons in gross, Tithes, &c. Of which more hereafter. Vide postea Grant. Indentures to led Uses of Fines, &c. Indentures to led Uses of Fines, &c. what. 9. Note, That Uses within the Statute 27 H. 8. may be raised as they might before the Statute, either by Transmutation of the Estate, as by Fine, Feoffment, Common Recovery, &c. and therefore a Fine, Feoffment or Recovery may be had of Land, to the use and intent, That either of the Parties thereunto, or others shall have it for any Time or Estate, and by this means what Uses, and consequently what Estates a man will, may be raised and created; and the Uses thereof, may either before or after the Levying such Fines and Recoveries, be declared by the Indentures to led the Uses thereof. As if the Parties make a Writing, and thereby declare, That one of them shall levy a Fine, make a Feoffment, or suffer a Recovery to the other, To the use and intent, that one shall hold for his Life and after his Death to another in Tail, and after to a third in Fee-simple, &c. in such case the Land settleth in Estate, according to the use and intent by such dead or Writing declared, by virtue of the Statute 27 H. 8. as was before observed. For before this Statute the Feoffees were Owners of the Land; but now he is the Owner to whose use the others are enfeoffed; so that as before the Statute the Possession ruled the Use, now the Use governeth the Possession. 10. Lease and Release. A Lease Lease. doth properly signify a Demise or Letting of Lands or any Hereditaments unto another for lesser time, than he that doth let it hath in it. So a Release, Release. is the giving or discharging of the Right or Action which a man hath, or may have or claim against another man; but to our purpose here, it is a Conveyance of a mans Interest or Right which he hath in a Thing, to another that hath the Possession thereof: And it is now a common course in passing Land by Lease and Release, first to make a Bargain and Sale for the Term for a year, or such like Term, to the intent that by virtue thereof the Lessee may be in the actual possession of the Lands intended to be released, and thereby and by force and virtue of the said Statute 27 H. 8. for Transferring Uses into Possession, be enabled to take a Grant or Release of the Reversion and Inheritance of the said Lands, to him and his Heirs for ever. Recovery. 11. A Recovery here meant, is such a Recovery as is used for a Common Assurance of Land, called a Common Recovery; and it is done in the form and course set down by the Law, to be observed for the better assuring of Lands and Tenements. And in it there is a Colourable svit, wherein there is a Demandant, Demandant. who is called a Recoveror; and a Tenant, Tenant. called the Recoveree; and one that is called to warrant upon a supposed Warranty, who is called the Common Vouchee. Vouchee. But much of this, and of the operation thereof may be red in the Books which treat of Fines and Recoveries. 12. Revocation and New Declaration. This dead is made pursuant to some Reserve contained in a former dead or Conveyance, which gives power to call back something granted, and by a New Declaration to create a New Estate thereof, which shall settle accordingly. Surrender. 13. A Surrender, is the yielding or delivering up of Lands or Tenements, and the Estate a man hath therein unto another that hath a higher or greater Estate in the same. The effect of it is to pass the Estate of the Surrendror to the Surrendree, and that thereupon the Estate of the Surrendror may be drowned and extinct in the Estate of the Surrendree. Will. 14. Will, or Testament, is the Declaration of a mans Mind and Intent what he would have done after his Death. The Civil Law calls it a Testament, Testament. when there is an Executor made and name in it; and when there is none they call it a Codicil. Codicil. A man can make but one Testament that shall take effect; but he may make as many Codicils as he will. But the Common Law calls that a Will, by which Lands or Tenements are devised, though there be no Executor name; and when it concerns Chattels only, they call it a Testament. Co. Lit. 111. Swinb. of Wills 24. See also Wentworth's Office of Executor. The Statute 29 Car. 2. for prevention of Frauds, device of Lands in Writing. Enacts, That all devices of Lands or Tenements, devisable either by the Statute of Wills, or by the force of the Custom of Kent, or of the Custom of any burrow, or any other particular Custom, shall be in Writing, signed by the Devisor, or some in his presence, by express Directions, and Subscribed in his presence by three or four considerable Witnesses, or else to be utterly voided. Also, That no device in Writing shall be revokable, but by some other Will or Writing declaring the same; or by burning, canceling, tearing or obliterating the same by the Testator himself, or by his Directions and Consent in his presence; the Writing to be signed in the presence of three or four Witnesses declaring the same. And that no Will in Writing, concerning any Goods or Chattels, or Personal Estate, shall be repealed, nor any Clause, device or Bequest therein altered or changed by any other Will made by Word of Mouth only: Except the same be committed to Writing in the Testator's life, and red to him and allowed by him, and proved to be so done by three Witnesses at the least. This is a short description of such Deeds by which Lands are usually conveyed and do pass from one Man to another, some of which indeed are not contained in our Book of Precedents,( which is not disposed into all those Heads, being not at first designed for the Press, but only a private Collection, by an Ingenious Hand;) but I did it, for that it seemed necessary in the opening of our Conveyances to speak of such as are commonly used, and I hope will not be looked upon as impertinent. We have also other Deeds and Precedents in this Collection which are not yet touched upon, but whose Nature and Effects are set down in the following Particulars, in the which also so much of the former as is further necessary to our Introduction are again spoken to. The Precedents of such Deeds as are contained in this Book, are reduced under these Heads: 1. Annuities. 2. Assignments. 3. Awards. 4. Bargains and Sales. 5. Chancery Proceedings. 6. Conditions Special. 7. Defeazances. 8. Ecclesiastical Instruments. 9. Grants. 10. jointures. 11. Leases. 12. Letters of Attorney. 13. Mortgages. 14. Releases. 15. Revocations. 16. Settlements. 17. Surrenders. 18. Wills. 1. Annuity. This is a dead whereby a Yearly payment of a Sum of Money, or other thing, Strictly taken. is granted to another in Fee, for life or years, charging the person of the Grantor only. And this is said to differ from a Rent in many things; for that a Rent, be it Rent-service, Rent-charge, or Rent-seck, is going out of Land; but that an Annuity goeth not out of any Land, but chargeth only the Person, viz. the Grantor or his Heirs that have Assets by discent. Doct.& Stud. Dial. 1. cap. 3. Also it is said, for an Annuity no distress can be taken, nor is it ever taken for Assets, because it is no Freehold in Law, nor shall be put in Execution upon a Statute-Merchant, Staple, or Elegit, as a Rent may. Dyer 65, 344, 345. Co. Litt. 244. Yet an Annuity is grantable at first; and some hold 'tis grantable over, some not. Mo. Case 18. says, it is grantable over, and yet it is but a kind of choose en Action. Yet see Perk. Sect. 87, 101. Also its said, an Annuity pro Consilio impenso is grantable over. Mo. case 18. But an Annuity pro Consilio impendendo, or imposterum impendendo, is not grantable over after the first Grant, unless it be granted to him and his Assigns. Perk. Tit. Grants. 3 Leon. case 136. Dy. 2. Co. Lit. 144. Hetley 80. Fitz. Grant 145. Bro. Grants 3. It is said, a Grant of an Annuity for Term of years, is good; but the Grantee may not have an Action of Debt for the Arrearages during the Term. 1 Cro. pag. 3. It is said, If one grants an Annuity to him and his Heirs, to be paid yearly at two usual Feasts for 30 years, to begin after the death of the Grantor; This is a good Grant, and will charge the Heir, although at first it commence upon him; for it is for him and his Heirs. Hetley 137, 138. But though this distinction is strictly of an Annuity to charge only the Person, and of a Rent to charge the Land; yet all Grants of Salaries or Rents are generally called Annuities, and comprehended under that Head in particular, and under a Grant in general. Vide Grant. 2. Assignment. Of Assignment it may be said further: That he shall be intended an Assignee that hath the whole Estate of the Assignor that is assignable. Yet there is said to be an Assignee in dead, and Assignee in Law. Assignee in dead, is such an one to whom a Lease, Estate or Interest is assigned. Assignee in Law, is he whom the Law so maketh, as an Executor is an Assignee in Law; but if there be an Assignee in dead, an Assignee in Law will not be allowed. In Assignments it is necessary to have Covenants of the Assignors part; 1. To save harmless of former Rents, Grants and Charges. 2. To deliver up former Deeds.( 3) That he is Owner in possession, and hath power to grant and assign, &c. 4. That the Assignee may quietly enjoy. 5. To make further Assurance. And let the Assignee covenant to pay the Rents, and perform Covenants. Note, That if the Lessee for years assign over his Term and die, his Executors shall not be charged for Rent due after his death. And if the Executors or Administrators of a Lessee for years assign over their Interest, an Action of Debt doth not lie against them for Rent; yet it seemeth, that the Lessor must have Notice of the Assignment, and consent to it. 3 Co. Walker's Case. If a Lessee for years assign over his Term, the Lessor may charge which of them he will; but if he accept the Rent from the Assignee,( knowing of the Assignment) he hath determined his Election, and cannot afterward bring an Action of Debt against the Lessee for Rent due after the Assignment, because there is no privity between them; but he is left to his remedy against the Assignee. Co. 3 Rep. fo. 24. Bulstr. 2 par. 151. Poph. Rep. 55. But yet he may bring his Action of Covenant against the Assignor, his Executors or Administrators; against the first on his express Covenant or Covenant in Law; against the last it only lies on the Assignors express Covenant. An Assignee of Lands, if he be not name in the Condition, yet he may pay the money to save his Land. But he shall receive none, if he be not name, and the Tender shall be to the Executors of the Feoffees. 3. Award. An Award, is a Determination or judgement, made or given between persons in controversy, by the Arbitrators or Umpire, who are such person or persons as are thereunto elected by the parties Controverting, for putting an end to Differences in Controversies between them, according to the submission of the said parties, and agreeable to Reason and good Conscience. This Submission is best and most usual by Writing, each party entering into a Bond with Condition to the other, to stand to the Award of the Arbitrators. And the Rule is, That such persons only may of themselves submit, as may of themselves make good Grants. West. Symb. par. 2 sect. 20. The Husband may submit for himself and his Wife, for the Goods and Chattels of which he had disposition in right, and by reason of his Wife, and it shall bind her. And where divers of the one part submit themselves, and divers of the other part, the Arbitrators may make an Award for Matters between them jointly; and so for Matters between them severally. And where divers on each part have submitted, if the Award be betwixt some of the one party and some of the other, and take no notice of the others; such Award is said to be good. Keb. 886. But this seems only to be where the Submission is for the whole Matters, or any parcel thereof. For where the Submission is Conditional and with an Ita quod, &c. so that the Arbitrators award all Differences, they may not make their Award of parcel, if they had notice of more. 1 Sand. Rep. 32. And if the Submission be Conditional with a ( So that, &c.) and if the Arbitrators make no mention in the Award of part of the Differences of which he had Notice; yet if they award General Releases on both sides, the Award is good. Idem 33. But an Award, where all is to be performed on the one part, and nothing on the other, is voided. Idem 326, 327. Sand. 190. In the form of every Award or Arbitrement, six things are specially to be regarded: 1. That it be made according to the very Submission touching the things submitted, or necessary depending thereupon, and every other Circumstance relating thereto. 2. That it ought to be certain. 3. That it ought to be equal, and appoint either party to give or do unto the other something beneficial, in the appearance at the least. 4. That the performance thereof be lawful and possible, and within the power of the Parties. 5. That there be a Means, how either party may by Law attain unto that which is thereby awarded unto him. 6. That it be a final End of the Controversies submitted. And if it fail in any of these Points, then the whole Arbitrement will be voided. Note, In the 2d Part of Sanders, Rep. 65. it is said, That an Arbitrement under the Hand and Seal of an Arbitrator, is an Especialty, not within the Statute of Limitations. But that a man may wage his Law against an Award under Hand and Seal, if the Submission be not by Specialty, under the Hand and Seal of the parties that submitted to the Award. Idem 65, 74. 1 Anders. 4.15. Also if a Submission be to Arbitrators, and that if they disagree, then to an Umpire, and the Award and Umpirage are limited to the same day, there the power of the Umpire is voided, unless the Arbitrators have disagreed and declared, That they would not meddle further. Idem 130, 132, 133. Again, If a Submission be to Arbitrators, so that they make their Award to Morrow, and if they cannot agree, then to an Umpire, so that he make his Umpirage to Morrow or next day; in this case the Umpire cannot make his Umpirage on the Morrow. 2 Sand. 130, 131. And where the express Agreement of the parties shall make an Umpirage good, although the same time is limited for the Arbitrators and the Umpire to make the Award or Umpirage. See 2 Sand. 132. Where Arbitrators, within the time limited to make their Award, may choose an Umpire to make an Umpirage after the determination of the time limited for their Award. Idem 133. If all Debts, Sums of money and Demands are submitted to Arbitrement, the Arbitrators have power to award a Release of all Bonds, specialities, Judgments, Executions and Extents, by which the said Debts, Sums of money and Demands are due. Idem 190. Where a Release is awarded of all Bonds and Judgments, whereas Bonds and Judgments were not within the Submission; yet the Defendant shall not avoid the Arbitrement, unless he show specially, that there were some Bonds and Judgments between the parties. Ibid. An Award, That A. should be satisfied by B. the money due to him for Work, and that then A. should pay 25 l. to B. and that each party should give to the other a General Release, is voided in the whole, for the uncertainty of what Sum was due for Work. Idem 292, 293. Where an Arbitrement being voided in one part, shall be good for the residue, and where voided for the whole; See 2 Sand. 293. If an Award be made between A. of the one part and B. of the other, by which 'tis awarded, That A. shall pay 10 l. to B. and 5 l. to a Stranger, and that B. shall give A. a General Release; the Award as to the 5 l. is voided, but good for the residue. Idem 293. An Award, That one of the Parties shall be bound in an Obligation to the other, is good enough; but not, That he shall find Surety to enter into a Bond. Id. 337. And Note, That upon a Promise to perform an Award, That the Defendant shall pay several Sums of money at several times; an Action lies for the first Sum, and new Actions for the other Sums, as often as they shall become due. Sanders 337. 4. Bargain and Sale. The Effect of a Bargain and Sale, is to transfer the Property of the Land or Thing sold; and this it will as effectually do as any other kind of Conveyance whatsoever. Co. 8. 94. What things are grantable by Bargain and Sale. All things for the most part, that are grantable by any other way from one Man to another, are grantable, and may be transferred by way of Bargain and Sale from one to another. And therefore Lands, Rents, Advowsons, Commons, tithes, Profits of Courts, and the like, may be granted by way of Bargain and Sale, in Fee-simple, Fee-tail, for life or for years: And all manner of Goods, Chattels and merchandises, are grantable by Bargain and Sale. West. Symb. Tit. Bargain and Sale. The Words. The very words, Bargain and Sell, are not necessary to a good Bargain and Sale; for words equivalent will suffice to make Land pass by way of Bargain and Sale. And therefore if a Man seized of Land in Fee doth by dead Indented, and by the words Alien or Grant, sell them to another. Or, if such a Man covenant to stand seized of his Land to the use of another, and these Deeds are made in Consideration of money, and the Deeds be afterward enrolled, these will be good Bargains and Sales. 8 Co. 94. 7. 40. There must be a good Consideration Consideration. given, or at least said to be given for the Land. Co. 176. It is requisite, where any Freehold is to pass of the Land, that the dead be enrolled; so provided by 27 H. 8. c. 16. And this enrolment enrolment. upon such a dead must be: 1. In Parchment, for an enrolment in Paper is not good. 2. The dead enrolled must be Indented, for if it be but Poll, the Estate will not pass. 3. It must be before such Officers, as by the Statute are authorised to take it. 4. The dead must be enrolled within 6 Months of the Purchase and Sale. Co. 5. 1. 6. Chancery Proceedings. It will be needless to speak here of this Head, but to peruse the Proceedings and Presidents themselves, which will give you a Light into this Matter. 5. Conditions Special. A Condition is generally, Condition, what. a Rule or Law annexed unto mens 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 referrd to any uncertain Chance which may happen. West. Symb. lib. 2. sect. 110. The words Words. of a Condition are, Sub Conditione; Ita quod, Si contingat, Proviso semper, and the like. But the words To the Effect, With that intent, To pay, &c. do not make a Condition in Feoffments and Grants, if it be not in the Case of the King, or in the Case of a Will. Landl. and Ten. p. 34. There are two manners of Conditions, one expressed by Words, and called a Condition in dead; the other implyed by Law, and called a Condition in Law. A Condition indeed, Condition in dead. or Express Condition, is knit and annexed by express words to the Lease or Grant: For Example, If J. make a Lease for years, reserving Rent to be paid at such a Feast, upon Condition, That if the Lessee fail of payment at the day, that then it shall be lawful for me to re-enter. A Condition in Law, Condition in Law. or a Condition implied, is, when a man grants to one the Office to be Keeper of a Park, Steward, bailiff, or such like, for Term of Life; here the Law implieth a Condition, That if he doth not truly and faithfully execute his Office, then it shall be lawful for the Grantor to discharge him thereof. Co. Lit. 201, 325, 378. 8 Co. 43. Note also, All Conditions are either precedent and going before the Estate, and are executed; or else they are subsequent and following after the Estate, and to be executed. Vide ut supr. A Condition precedent, Condition precedent. doth absolutely gain and get the Thing or Estate made upon such Condition by the performance of the same; as when an Estate is made to a man for Life, upon Condition, That if the Lessee for Life will pay to the Lessor 10 l. at such a day; then he shall have the Fee-simple. Here the Condition precedes and go; before the Estate in Fee-simple, and upon the performance of the Condition, the Lessee doth gain and get the Fee-simple, if Livery and seizing were given. Vide ut supr. A Condition subsequent, Conditione subsequent. doth keep and continue the Thing or Estate made upon Condition, by the performance thereof; as when one grants to A.B. his Mannor of D. in Fee-simple, upon Condition, That the Grantee shall pay to him at such a day 40 l. or else that his Estate shall cease. Here the Condition is subsequent and following the Estate in Fee-simple, and upon the performance thereof doth keep and continue the Estate. Terms de lay, verb. Condition. Also some Conditions are Affirmative, that consist of doing; some are Negative, which consist of not doing. Some also are Collateral, some Inherent, some Restrictive, some Compulsory, some Copulative, and some Disjunctive. Sometimes they intend to enlarge Estates, sometimes to destroy, and sometimes only to clog the Estate. Co. Lit. 201. 7. Of a defeasance. A defeasance is a Condition relating to a dead, as to an Obligation, recognisance, defeasance, what. Statute or the like, which being performed by the Obligor or Recognizor, the Act is disabled and made voided, as if it had never been done; which differeth from a Condition only in this, How it differs from a Condition. That a Condition is always made at the same time, and annexed to, or inserted in the same dead; but a defeasance is always made in a dead by itself, and for the most part made after the dead, whereunto it hath relation. Note, That, Rents, Annuities, Conditions, Warrants, Covenants, and such like, by the mutual Consent of the parties, at the Creating them or any time after, may be annulled and defeated. And the Law is the same of Statutes, recognisances, Obligations, and the like. Co. Lit. 236, 237. Plow. 137. Requisites to make a good defeasance. To make a good defeasance, these things are requisite: 1. That the defeasance be made eodem modo, as the thing to be defeated is created: For if the Obligee by word only discharge the Obligor, or grant not to Sue him, this will not defeat the Obligation; it must be by dead therefore as the former was. 2. That if it doth recite the Statute, or the Obligation,( as for the most part it doth) that it be done truly. For if a defeasance be made of a Statute or an Obligation, which is recited to be made the 20th day of June, whereas it beareth date the 10th day of June, this defeasance is voided. 3. That it be made between the same persons that were parties to the first dead, &c. 4. That it be made after the making of the recognisance, Obligation, &c. and not before. 5. That it be made of a thing defeazible Bro. Defeaz. 12. Plow. 393. Br. Defeaz. 3, 5, 6, 9 Dyer 315. 8. Ecclesiastical Instruments. These Instruments explain themselves, and therefore need not be opened in this place. See the Presidents. 9. Of a Grant. Grant, what. A Grant, signifieth permission, sufferance, leave, licence, yielding or giving over of a thing; but specially taken, it signifieth( as is before observed) a Gift in Writing of such things as cannot pass by Word only without Writing, as Rents, Reversions, Services, Advowsons in gross, Common in gross, tithes, &c. or made by such persons as cannot give but by dead; as the King and all Bodies politic; as Mayors and Commonalties, Deans, Chapters, &c. which differences are oftentimes neglected, and then it is taken generally to signify every Gift whatsoever: And he that granteth or giveth, is termed the Grantor or Donor; and he to whom the Grant or Gift is made, the Grantee or Donee. And Note, That Lands and Tenements, and such things as naturally lie in Grant, cannot be transferred from one to another by bare Grants of the parties, without the Attornment Attornment. and Agreement of others. A thing that cannot begin without a dead, may not be granted without a dead, and every thing that is not given by delivery of Hands must be passed by dead. The best way in Grants, is to Grant by words Words. of present time in the Present Tense, as well as in the Preterperfect Tense. But a Grant by words of the Preterperfect Tense only, as by Dedi& Concessi, without words of the Present Tense, is good. In every good Grant or Gift, Requisites in Gifts and Grants. these things are requisite: 1. That there be a Grantor, Donor, &c. and that he be a person able to Grant, and not disabled by a Legal or Natural impediment. 2. That there be a Grantee, Donee, &c. and that he be a person capable of the thing granted, and not disabled to receive it. 3. That there be a thing granted, and that the thing be such a thing as is grantable. 4. That it be granted in that Order and Manner as the Law requireth: As if it be by dead, that the dead hath apt words to describe and set forth the Person of the Grantor and Grantee, and Thing granted, &c. and that all necessary Circumstances, as Sealing and Delivery, and Livery of Seisin and Attornment, where it is needful, be observed. 5. That there be an Agreement to, and acceptance of the Grant or Thing granted by him to whom it is made; and for default in either of these Particulars a Grant may be voided. In acquirendo rerum dominio scilicet, quod donationes non valent licet sint inceptae nisi sint perfectae. But if Grants be very Ancient, and the Things granted have been enjoyed according to the Grant, ever since the making of it; in this case the Grant may be good, notwithstanding some legal defect in some of these Particulars. Co. Lit. 73. Plow. 555. Grant 89. Note, There must be Attornment Attornment. to Grants of Reversion, otherwise nothing passeth, except it be by Matter of Record. Record. 10. jointure. jointure, what. jointure is, where the Husband( or some other Friend in his behalf) assureth unto his Wife, in respect of Marriage, Lands or Tenements, for Term of her Life. It seemeth to be called a jointure, either because it is granted Ratione juncturae in Matrimonio, or because the Land in Frank-Marriage, is given jointly to the Husband and the Wife, and after to the Heirs of their Bodies, whereby the Husband and Wife be made lieutenants during the Coverture. It is also used as the abstract of lieutenants; and also used for joining of one Bargain to another touching the self-same thing: And therefore jointure in the first signification may be so called, in respect that it is a Bargain of livelihood for the Wife, adjoined to the Contract of Marriage. See West. par. 2. Symb. lib. 2. Tit. Covenants, sect. 128. Co. lib. 3. fo. 27. b. Note, If a Woman have jointure before Marriage, she cannot relinquish it and claim Dower. If it be made during Marriage, she may enter into her jointure presently. If she enter or accept of it, she shall not be Endowed. If she be expulsed of any part of her jointure, she shall be endowed of the residue of her Husbands Lands. Vid. Stat. 27 H. 8. A jointure is many times made by Covenants to Uses, and by Fine, &c. 11. Leases. Leases are divided either into Leases for years, How divided. or Leases for life. Leases for Years, are either by Wod or parole, or else by Writing. As to Leases parole, Lease parole. it is not to the purpose to speak here, only to observe, That by the Statute of 29 Car. 2. for prevention of Frauds and Perjuries. Such Leases parole are voided, if they exceed three Years from the making; and if they do not exceed, yet two Third parts of the improved Value of the thing demised must be reserved to the Landlord. But it seems by that Statute, That if the substance of the Lease be put in Writing and Signed by the parties,( so making or creating the same) tho' not Sealed, or their lawful Agents, by Writing authorised, then they shall have the force and effect of Leases, otherwise only the force and effect of Leases or Estates at Will. Vide Stat. But no Covenant can then be brought on such Writing. Leases for Years, are generally made by Indenture, by words of Demise, Grant and to Farm-let, with such Conditions and Covenants as the parties agree upon. Requisites to make a good Lease. Note, These things necessary concur to the making of a good Lease: 1. As in other Grants, so in this there must be a Lessor, and he must be a person able, and not restrained, to make that Lease. 2. There must be a Lessee, and he must be capable of the thing demised, and not disabled to receive it. 3. There must be a Thing demised, and such a Thing as is demisable. 4. If the Thing demised be not grantable without a dead, then the Lease must be made by dead. And there must be a sufficient description and setting forth of the Person of the Lessor, Lessee, and the Thing leased, and all necessary Circumstances, as Sealing, Delivery, &c. required in other Grants, must be observed. 5. If it be a Lease for Years, it must have a certain Commencement, at least then, when it comes to take effect in Interest or Possession; and a certain Determination, either by an express Enumeration of Years, or by a reference to a Certainty that is expressed. 6. There must be all needful Ceremonies, as Sealing, Delivery, and the like. 7. There must be an acceptance of the things demised, and the Estate by the Lessee. But whether any Rent be reserved upon a Lease for Life, Years or at Will, or not, is not material; except only in the Cases of Leases made by Tenant in Tail, Husband and Wife, and Ecclesiastical Persons. 6 Co. 34, 35, 36. Co. Lit. 45, 46. Plow. 273, 523. Leases for Years, or Life, or at Will, may be made of any thing Corporeal or Incorporeal, that lieth in Livery or Grant: Also Leases for Years may be made of any Goods or Chattels Bro. Leas. 23. Note, Lease for Years may begin at a day to come, as at Christmas next, or three or ten years after, or after the death of the Lessor, and it is as good as where it doth begin presently. But a Lease for Life of any thing whatsoever, whether it lie in Livery, or in Grant, if it be in Esse before, cannot begin at a day to come. Co. Lit. 5.1.48. Plow. 156, 197. 12. Letters of Attorney. The Nature and Effect of these, are sufficiently set forth in the Presidents themselves. Vide the Presidents. 13. Mortgages. The Interpreter saith, That Mortgage in the Common Law signifieth, a Pawn of Land or Tenement, or any thing movable, laid or bound for money borrowed, peremptorily to be the Creditors for ever, if the money be not paid at the day agreed upon. And the Creditor holding Land or Tenement upon this Bargain, is in the mean time called Tenant in Mortgage. Glanvil, lib. 10. cap. 6. saith, It is called Mortgage, or Dead-gage, because whatsoever Profit it yieldeth, yet it redeemeth not itself by yielding such Profit, unless the whole Sum borrowed be likewise paid at the day. See West. Symb. par. 2. sect. 145. Mortgages now are made several ways, as Lease for a long Term of years, Feoffments by Lease and Release, Assignments, &c. In which dead there is contained a Proviso or Condition, That if the Money be paid at the day, the dead to cease and be voided. But Note, That till failure be made, the Mortgagor holds the Land; but if failure be made, and the Mortgagee enter into the Land, yet the Mortgagor has an Equity of Redemption, and may call the Mortgagee to an account for his receipt of the Profits. Also the Mortgagee, if he be minded to bar the Equity of Redemption, may call the Mortgagor to an Account, either to pay what is due, or to be fore-closed of his Equity of Redemption, which the Court will order in some convenient time. Likewise a Fine and Non-claim will bar an Equity of Redemption. Yet upon the Mortgagors paying the Interest of the money, these Mortgages( many times) continue a long time, without disturbing the Possession or Parties. 14. Releases. Lands, Tenements and Hereditaments, The Effects thereof. may be given and transferred by way of Release, and all Rights and Titles to Lands, Lands, &c. may be given, barred and discharged by Release, and so also may Rights and Titles to Goods and Chattels. Also all Actions Real, Personal and mixed, may be given, discharged or extinguished by Release. Co. Lit. 48, 266, 268, 269. Vide antea Lease and Release. Also Conditions annexed to Estates, Conditions, &c. Powers of Revocation of Uses, Warranty, Covenants, tenors, Services, Rents, Commons and other Profits to be taken out of Lands, may be discharged, extinguished and determined by Release to the Tenant of the Land, &c. Vide Bro. Release in tot. Also Debts, Legacies and other Duties, Debts, &c. may be released and discharged before or after they become due. And a Rent or Annuity may be Released before the day of payment; and so also may a Debt due by Obligation. Judgments, Executions, recognisances, and the like, may by apt words be discharged by Release. If the Charge or Duty grow by Record, Record. the Discharge and Release thereof may be by Record also: And if it grow by Writing, the Discharge and Release must be by Writing also. Nihil est magis rationi consentaneum, quam eodem modo quodque resolvere quo conflatum est. And therefore a Duty growing by a Verbal Agreement; may in some Cases be released by Word, without Writing: But regularly, Lands and Tenements cannot be given, nor Rights and Titles to Lands, and Actions be discharged by Release, in Writing. Vide Co. Lit. 274. Perk. 467. In every good Release that tends to enure by way of enlargement of Estate, Requisites to make a good Release. these things following are required to make the Release good: 1. He that doth make the Release, must have such an Estate in himself, as out of which such an Estate may be derived and granted to the Relessee, as intended by the Release. Dyer 251. 2. He to whom the Release is made, must have some Estate in Possession, in dead, or in Law, or in Reversion in dead, in his own or anothers Right of the Lands whereof the Release is made, to be as a Foundation for the Release to stand upon: For a Release which must enure to enlarge an Estate, cannot work without a Possession joined with an Estate. Co. Lit. 265, 270, 273. 3. As in all Releases that enure by way of Increase or Passing an Estate, there must be some Estate in the Relessor and the Relessee; so there must be some Privity in Estate between them at the time of the Release made: For an Estate without Privity is not sufficient. Co. Lit. 296. Lit. sect. 461. 4. The fourth thing that is required in such a Release, are sufficient Words Words. in Law, not only to make a Release,( which is required in all Releases;) but also to create and raise a New Estate. Co. Lit. 22, 73, 201. Note therefore, That all Releases( of what kind soever) are commonly made by these Words, Remisisse, Relaxasse,& Quietum clamasse, as being the most ancient and significant Words to this purpose: And amongst these the word [ Release] is the most effectual word, as that which doth include the other two, and as that which is the proper and peculiar word for this kind of Conveyance. But there are other Words also by which a Release may be made, as Renunciare, Acquietare, &c. And therefore it is held, That if one have Common in anothers Land, and he by dead release it to him thus: Renuntio communiam meam, &c. this is a good Release. Co. Lit. 264. Dyer 307. A Release that doth enure by way of Passing away of an Estate, or Extinguishment, Release upon Condition, &c. may be made upon Condition, or with a defeasance, so as the Condition or defeasance be contained in the Release, or delivered at the same time with it: For no defeasance made after, can avoid the force of a Release made before. And yet a Release may be delivered as an Escrow, and so the force of it may be suspended for a time. But a Release of a Condition, may not be made upon a Condition: Nor may a Release upon a Chattel be upon a Condition subsequent, but it may be upon a Condition precedent. And therefore if a man release a Debt to another, upon Condition, That the Re-lessor may have such a Debt owing from a Third person to the Relessee; this is a good Condition. Co. Lit. 274. 1 Co. 111. Perk. sect. 718. A Release of all Actions may be made until a Time past; as until the 1st of March last, or until the day of the date of the Release; and this will discharge all Actions till then, and none after. But a Release cannot be made of a Right or Action for a part of an Estate, or for a Time only; as for one Year, or until Christmas next, or the like: For a Release of such a thing for one Day, or for one Hour, is a Release for ever. And yet a Man may release his Right in part of the Land: And therefore if a man be disseised of two Acres, he may Release his Right in one of them, and enter into the other Acre. Also a Release in the Nature of an Acquittance, may be of part of a Debt: And therefore if one be bound in an Obligation of Four hundred Pounds, to pay Two hundred Pounds at Michaelmas, and at Christmas after the Obligee by his dead releaseth Three hundred Pounds, parcel of the said Four hundred Pounds; this is a good Release for so much and no more. Vide Dyer 307. Co. Lit. 274. 1 Co. 111. 15. Revocations. This dead is only the Calling-back of a thing formerly granted, where a Power of Revocation is comprised in the former dead. Vide antea. And see the several Presidents. 16. Settlements. These Deeds are so called, because upon Marriages the Estate is usually settled upon the Husband for Life, Wife for jointure, and to their Issue in Remainder, &c. with Leases therein to Trustees for Terms of Years, to raise Daughters Portions for payment of Debts, with Leases for Lives for supporting Contingent Remainders, &c. and are made several ways, as is beforementioned. See the Presidents themselves, which are of great Curiosity, and well Penned in these Matters. 17. Surrender. Vide antea Surrender. And Note, To make a Good Surrender in dead of Lands, and to make them to pass by such a Surrender, these things are chiefly required: 1. That the Surrendror be a Person able to grant and make, and the Surrendree a Person capable and able to take and receive a Surrender, and that they both have such Estates as are capable of a Surrender. And for this purpose, 2. That the Surrendror have an Estate in possession of the thing surrendered at the time of the Surrender made, and not a bare right thereof only. 3. That the Surrender be to him that hath the next immediate Estate in Remainder or Reversion; and that there be no Intervenient Estate coming between. 4. That there be a Privity of Estate between the Surrendror and Surrendree. 5. That the Surrendree have a higher and greater Estate in the thing surrendered, than the Surrendror hath; so that the Estate of the Surrendror may be drowned therein. 6. That he have the Estate in his own Right, and not in the Right of his Wife,& c.. 7. And that he be sole seized of this Estate in Remainder or Reversion, and not in Joyntenancy. As for Example, Infants, Women Covert, Mad and lunatic Men, and all such like persons as are disabled to Grant, are disabled to make a Surrender; and none but such as may grant their Land, may surrender their Land. Vid. Bro. Surrender in toto. Fitz. Surrender in tot. Co. Lit. 338. 18. Wills. Vide antea Wills. To this we have spoken something before, with reference to the Statute 29 Car. 2. and therefore need add nothing further now. But those who have a mind to see more herein, looking into Swinburn's Treatise of Wills and Testaments, and the Orphan's Legacies, may there at la●ge satisfy their Curiosities, and instruct themselves of the Original and Nature of Last Wills and Testaments, both in the Civil and Common Law; the great Esteem and Respect that even Heathens and the uncivilised Part of the World hath at all times had to them, as well as Christians. As also in them you will see several Rules laid down for Expounding Wills and Testaments, with a large Collection of Cases therein; as well out of the Old as Modern Reports of the Common Law, as Codes of the Civil and Canon Law; therefore will insert nothing further here concerning them. Having spoken to the several Deeds premised: It now remains to speak of the Formal parts of Deeds, before we come to the Presidents themselves. It is to be noted therefore, That in most of such Deeds and Instruments as are before Treated of, there are to be observed Formal and Orderly Parts; Viz. 1. The premises. 2. The Habendum. 3. The Reddendum. 4. The Warranty. 5. The Conditions. 6. The Covenants. 7. The Conclusion. 1. The premises. The Office whereof is rightly to set down the Name of the Feoffor, Grantor, Lessor, &c. premises. Feoffee, Grantee, Lessee, &c. and to comprehend the Certainty of the Thing granted or leased. And herein( in some Deeds) there is also a Recital of some things; and in some Deeds, an Exception of some part of the thing granted before by the dead. 2. The Habendum. Habendum. The Office whereof is to Name again the Feoffee, Lessee, &c. and to set forth what Estate he shall have, and for what time he shall hold the Thing given or granted. 3. The Reddendum. Reddendum. Which reserves some New thing to the Grantor, &c. and is usually made by the Words: Yielding. Paying. Doing. Reserving. Finding, &c. 4. The Warranty. Warranty. Which is a Covenant Real, annexed to Lands or Tenements, whereby a man and his Heirs are bound to warrant the same. Co. Lit. 365. There are two kind of Warranties. 1. A Warranty in dead, or an Express Express. Warranty; i.e. When a Fine or Feoffment by dead is levied or made in Fee, or a Lease for Life is made by dead, and hath an Express Clause of Warranty contained in it; as when a Conusor, Feoffor or Lessor, doth Covenant to Warrant the Land to the Conusee, Feoffee or Lessee, which is in these Words: Ego H. Y. & haeredes mei Warrantizabimus& imperpetuum defendemus R.G. & Haeredibus suis tenementa praedicta, contra omnes homines imperpetuum. 2. A Warranty in Law, or an Implied Implied. Warranty; which is, when it is not expressed by the Party, but tacitly made and implied by the Law. Co. Lit. 1, 2, 4, 81, 365. The Fruit and Effect of Warranty in dead is, The Effect thereof. That it doth always conclude and bar the Warrantor himself of the Land so Warranted for ever; so that all his present and future Rights that he hath or may have therein, are hereby extinct. Co. Lit. 265, 284, 365, 372. The Words Dedi& Concessi, or Dedi only, in a Feoffment, when an Estate of Franktenement or Inheritance doth pass by the dead, make a good Warranty: But the Word Concessi only, doth not make such a Warranty. Co. 383, 384. But Note, That the Word Warrantizo, or Warrant, is the only apt and effectual word to make an Express Warranty, or Warranty in dead, and therefore this word only is used in Fines: And the Words, Defendo or Acquieto, albeit they be commonly used in Deeds, yet of themselves, without the other, will not make a Warranty. Lit. Sect. 733. Co. 5, 17, 18. 5. The Conditions. There are divers kinds of Conditions, Conditions. as is before observed: For some are in dead, or Express, i.e. when the Condition is expressed by the party in Legal Terms and by Express Words in Writing, or without Writing knit to the Estate; As if I enfeoff a man of Land, rendering Rent at a day on Condition, That if it be not paid, it shall be lawful for me to re-enter. Some are in Law, or Implied; which relate not to this place. And some of them are Subsequent and Executory, i.e. when the Estate is Executed, but the Continuance thereof dependeth upon the breach or performance of the Condition; As where a Lease is made for Years, on Condition, That the Lessee shall pay 5 l. to the Lessor at christmas, or else his Lease shall be voided; and in this Case, by the performance of the Condition, the Estate is held and kept. Some of them are in the Affirmative, i.e. that do consist of Doing; as providing, That the Lessee shall pay the Rent, or pay 20 l. to the Lessor, &c. And some in the Negative, i.e. that consist of Not doing; as provided, That the Lessee shall not alien, &c.( cum multis aliis.) Co. 201. Conditions annexed to Estates, are sometimes so placed and confounded amongst Covenants, sometimes so ambiguously Drawn, and at all times have in their Drawing so much affinity with Limitations, that it is hard to discern and distinguish them. Know therefore, That for the most part Conditions have Conditional Words in their Frontispiece, and do begin therewith; and that amongst these words, there are three Words which are most proper, which in their own Nature do make the Estate Conditional, as Proviso, Ita quod, Sub Conditione. Co. 2. Co. Lit. 204. 27 H. 8. 16. Lit. Sect. 328, 329, 330, 331. Vide ante in Condition. Note, A Condition hath no proper place assigned it in a dead; howbeit( for the most part) it is placed next after the Habendum, or next after the Reservation of the Rent. 6. The Covenants. A Covenant, Covenants. is the Agreement or Consent of two or more in Writing, Sealed and Delivered, whereby either or one of the Parties doth promise to other, that something is done already, or shall be done afterwards. Note, as to the substance of a Covenant. A Covenant to do any thing that for the Substance and Matter of it is Lawful, Lawful Covenants. or not to do any thing that for the Matter of it is Unlawful, is good: As if the Grantor Covenant, That he is seized or possessed of a good Estate of and in the Thing he doth grant, and hath power to grant it: That the Grantee shall quietly enjoy it: That it is and shall be free from encumbrances: That he will make further Assurance, if need be: That if the Grantee be evicted, he shall pay no Rent: That the Grantee shall pay Rent: That he shall discharge all deuce, and save and keep harmless the Grantor: That he shall not alien the thing granted; or if he do, That the Grantor shall have the first Refusal thereof: That he shall do no Waste: That he shall have House-boot, Hay-boot, &c. That the Grantor or Grantee shall repair the Old Housing, or build New: That he shall pay and discharge all Rents and Payments issuing out of the Land: That he shall not sell Trees; or if he do, That he shall pay to the Grantor so much in money for every three: That if he fell underwood he shall fence it: That he shall make an Estate of Land: That he shall be quit of any svit, Service or Payment: That he shall give sufficient Security to R. G. for an Hundred Pound he doth owe him; And all these and the like Covenants are good. Covenant Unlawful. But if the Matter required to be, or not to be done by the Covenant, be for the Substance thereof Unlawful, then is the Covenant voided, and doth not bind: And therefore if one Covenant to Kill, or Rob a man; or to break the Peace; or to Fore-stall Corn, or the like; this Covenant is voided. Vid. West. Symb. First Part toto. Plow. 302, 308, 27 H. 8. 16. Dyer 13, 251, 324, 353. Nota, All Covenants are to be made on either side, according to every several Contract; as, To save harmless, To be seized in Fee, &c. To have Power to Sell, &c. The Words Words. of Covenants are, Covenant, Grant, Promise and Agree, expressing the thing agreed upon by apt Words. 7. The Conclusion. In cujus rei Testimonium; In witness whereof, &c. Conclusion. This Clause is added as a preparatory Direction to the Sealing of the dead: For Sealing is Essentially required to the perfection thereof, because it doth plainly show the parties Consent to, and Approbation of what is therein contained. And Note, That the Date Date. of the dead, which is the description of the Time in which the dead was made, either by the Year of the Lord, or the Year of the Princes Reign may be placed in the Conclusion, and is so most usually in all Deeds Poll; but otherwise in Deeds Indented. And here take Notice, That a dead is good, although in the Close thereof, In cujus rei Testimonium sigillum meum apposui, be omitted; and albeit there be no mention made in the same, That the dead was Sealed and Delivered,( so as in Truth it be duly Sealed and Delivered,) and the Sealing and Delivery can be proved. Also a dead is good, albeit it mention no time or place of Date, or making, or have a False Date, i.e. be Dated at one time and Delivered at another; and although it hath an Impossible Date, as the 30th of February, or the like: For Anciently( until the Time of Ed. 2. and Ed. 3.) the dead had no Date, because the Law was then held to be, That if a dead was Dated before the Time of Memory, it was not Pleadable except it were of Record; but it might have been given in Evidence. But he that doth pled such a dead without any Date, or with such an Impossible Date, must set forth the Time when it was Delivered. Co. 2. 5. 8. Dyer 28. Perk. Sect. 120. Co. Lit. 6. Further Observe, That to the Making of a good dead, are required: 1. Writing. First, Legible and Formal Writing, Writing. in Paper or Parchment, before Sealing and Delivery. But it may be Written in any Language, or in any Hand: And therefore it is held, That a dead written in French or Latin, and in Text, Court or Roman-Hand, is as good as a dead written in English and in a Secretary-Hand. Perk. Sect. 123, 125. Co. 225. 2. Persons. That the Person Persons. making it, be able to give, grant, make or do the Thing contained in it; and likewise, That the Person to whom it is made, be capable of the Thing to be given, granted, made or done thereby: For if it be made or done by or to any such Persons as are disabled; As Infants, Aliens, Women Covert, Persons attainted of Treason or Felony, idiots, and such like, it will be voided in all or part. 11 Co. 73. Plow. 555. Perk. Sect. 1.19. 3. Reading the dead. Reading the dead. That if the Party, that is to Seal the dead, be a Blind or an Illiterate Man, and desire to hear it red, it is requisite it should be red to him without any Variation: For if such person Seal a dead, and desires to hear the Contents, and it be not done, though he doth Seal and Deliver it, this is no good dead: Or if it be red to him falsely, and otherwise than in truth it is, it will be voided, at least for so much as is Mis-read, or Mis-declared. Co. 2. 9. 3. 14 H. 8. 26. 4. Sealing. Sealing. That it be Sealed: For a Writing cannot be said to be a dead, if it be not Sealed; although it be Written and Delivered, it is but an Escrow. Note therefore, That if a dead be never so well Written before, and Delivered afterwards; yet if it be not Sealed between the Writing and Delivery, it is not a good dead. Perk. Sect. 130, 131, 134. 5. Delivery. That there be a Delivery Delivery. of it: For though it be never so well Sealed and Written, yet is the dead of no force, if not Delivered. Co. 2. 4, 5. Perk. Sect. 137. 9 H. 6.37. A dead may be Delivered to the party himself to whom To whom. it is made, or to any other, by sufficient Authority from him. And it may be Delivered either absolutely and positively to, or to the use of the Party: Or Conditionally, as an Escrow to another. Dyer 167. Co. Lit. 3, 5, 26, 36, 119. Note, That the Delivery of a dead as an Escrow, As an Escrow. is said to be where one doth Make and Seal a dead and Deliver it unto a Stranger, until certain Conditions be performed, and then to be Delivered to him to whom the dead is made, to take effect as his dead that so delivered it. And so a man may deliver a dead, and such a Delivery is good. But in this Case two Cautions Cautions. must be regarded: 1. That the Form of Words used in the Delivery of a dead in this manner, be apt and proper. 2. That the dead be Delivered to one that is a Stranger to it, and not to the Party himself to whom it is made. The Words therefore that are used in the Delivery must be after this manner: I Deliver this to you as an Escrow, to Deliver to the Party as my dead, upon Condition that he do deliver you 10 l. for me; Or, Upon Condition that he doth Deliver up the Old Bond he hath of mine for the same money: Or as the Case is. So when the Conditions are performed, and the dead is Delivered over, then the dead shall take as much effect as if it was Delivered immediately to the Party to whom it is made. 19 H. 8. Kelw. 88. 14 H. 8. 22. Perk. Sect. 140, 141, 142, 143, 144. 6. Good Foundation, &c. Good Foundation, &c. That it have a good Foundation, and be to a good End: For albeit that a dead have all the Qualities of a good dead before required, viz. That it be well Made, red, Sealed and Delivered; yet it may be voided, or at least Voidable for other Causes, as when it is either unjustly gotten and obtained, or corruptly in pursuit and execution of some dishonourable Agreement, or to a dishonest end or purpose made. Co. 2. 9. Perk. Sect. 16. Dyer 143. 45 E. 3. 6. And Lastly, Due Ceremony; as Attornment, Livery of Seisin, enrolment, &c.( if the Case require it) must be done accordingly. And thus( Courteous Reader) having given thee an Account of CONVEYANCING in General, as also of all manner of Deeds and Instruments therein used, with a particular Explanation of each of them, with their proper Nature and Effects; and an Account of the Formal and Orderly Parts of a dead, and how and where each part is to be placed and inserted in the dead itself: It now only remains, to give some Account of the Book itself, and the Presidents therein contained. As to the Book itself, none who hath the least Knowledge in Conveyancing can deny the Usefulness of it at this Time, when Conveyancing is so much improved and carried so far, that it is become almost another thing, than what it was in former Times, and arrived to such a height and great perfection, That the Books of Presidents of Conveyancing formerly Printed and used, are not any ways suitable to the present Age or the Way of Conveyancing now altogether in Esteem;( Except the Book of Conveyances that goes under my Lord Bridgman's Name) and therefore being such a Deficiency, it was thought Advisable to Print this Collection of Presidents,( being first approved of by a late Reverend Judge) which was gathered together by an Ingenious and Careful Hand, with no small Trouble and Charge, and which( without Vanity) may be said to be the Best and most Perfect Book of this kind now Extant, and which is therefore hearty Recommended to the Gentlemen Professors of the Common Law, who are only desired to suspend their Praises or Censures, till such time as they have Perused and red over the same, and then entirely submit it to their great Judgments; who, I am confident, will find no cause to blame what is here Published to the World. As to the Presidents themselves here Collected together; most of them, if not all, I do assure you, were Drawn or Perused by most of the greatest Hands or Judgments of this present Age, the greatest part of whom are now Living, and that upon great and emergent Occasions; some to Continue the Name of Great Families, and that the Estate might go along with and support the Honor; others to provide for younger Children, and to prevent Extravagant Persons from making away their Estate from their Posterity; many of them Marriage Settlements, with extraordinary Provisions and Limitations: All of them in General, upon your Perusal, you will find of great weight, and very useful and fit for most Occasions that may happen, and such as may be relied on with great Safety. I shall not longer detain the Courteous Reader from the Book itself, having already( I fear) too far trespassed on your Patience: All I shall request from you is, To red over the Presidents herein contained with Care, and a through Consideration of each of them, and I then dare say, You will have the same Esteem of them that I have, who truly( for my own part) must and will own, That since I first became Master of the Book itself, I have found myself not a little Improved in things of this Nature; and by Experience, That there is great Pleasure as well as Profit in them, in making an extreme Easiness both in Understanding or Drawing any thing of the like kind; and which gave the first Conception of Publishing Them to the World: And that therefore You may receive the same Benefit by them, or something of the like Nature which the Publisher hath had, the Whole is once again earnestly Recommended by him to Your serious Perusal. Vale. THE Modern Conveyancer, &c. Annuities. A Special Grant of an Annuity by Lease to a Woman for Service done, to commence after Grantor's death, one moiety of it to cease upon her Marriage, with a Clause, That if Grantor be minded at any time during his life to revoke his Grant, he may do it upon tender of Six pence. THis Indenture made, &c. Between Dame, &c. J.C. of, &c. Widow, of the one part, and S. W. of D. in the County of G. Spinster of the other part; Witnesseth, That the said J. C. as well for and in Consideration Consideration of the true and faithful Service done and performed by the said S. W. for the said J. C. for several years last past; as also for divers other good Causes and Considerations him the said J. C. thereunto especially moving, hath upon and under the Provisoes and Conditions hereafter in these presents mentioned, demised, granted, set and to Farm let, Grant. and by these presents doth demise, grant, set and to Farm let unto the said S.W. and her Assigns, all that the moiety of the Mannor of S. in the County of G. aforesaid, with the rights, members and appurtenances thereof, situate and lying in the Parishes of M. and S. or in one of them; and also the moiety of all those four messages, one Water Corn-Mill in M. aforesaid, and the Advowson of the Church of S. aforesaid, together with all Liberties, Franchises, privileges, Rents, Services, Hereditaments and Appurtenances whatsoever, to the said premises or any of them belonging, or in any wise appertaining, &c. To have and to hold the said moiety of the said Mannor and premises, with their appurtenances, unto the said S. W. and her Assigns, immediately from and after the death of the said J.C. unto the full end and term, and for and during the whole term of 60 years thence next ensuing, and fully to be complete and ended,( if the said S. W. shall so long live; Reddend'. ) Yielding and paying therefore yearly, and every year during the said term, unto the Heirs and Assigns of the said J. the Rent or Sum of one Pepper Corn at the Feast of St. Mich. the Archangel, if it shall be lawfully demanded. Provided nevertheless, Proviso, The Grantor upon payment of yearly Sums to the Grantee, to hold the Land. and it is fully and absolutely agreed by and between the said parties to these presents, That if the Heirs and Assigns of her the said J. C. do and shall yearly and every year, during the continuance of the Demise and Grant hereby made,( if the said S. W. shall so long live, and remain, continue and be sole and unmarried,) well and truly satisfy and pay, or cause to be paid unto the said S. W. or her Assigns, the Annual Sum of 20 l. of lawful money of England at the four most usual Feasts in the year; that is to say; The Feast of, &c. by even and equal portions, the first payment to commence and to be made at the first of the said Feast-days which shall first happen to come next after the death of the said J. C. But if the said S. W. shall happen to be intermarried with any person before or at any time during the continuance of this Demise and Grant herein before made, that then the said annual or yearly Sum of 20 l. shall cease and determine; and that then and from thenceforth, during the continuance of the Demise and Grant aforesaid, if the Heirs and Assigns of the said J. C. shall yearly and every year, during the continuance of the said Demise and Grant, pay unto her the said S. W. and her Assigns, the only Annual Sum of 10 l. of lawful money of England, at the four Feast days aforesaid proportionably, as aforesaid, the first payment thereof to be made at the first of the said Feast-days, happening after the said Marriage of the said S.W. and death of the said J.C. then and so long as the before-mentioned payments upon the Proviso and Agreement aforesaid, are or shall be made and performed, or that every of the said payments shall be made and performed within twenty days next after every of the said Feast days, it shall and may be lawful to and for the Heirs and Assigns of her the said J.C. and every of them, to hold and enjoy the said herein before demised and granted premises, and every part thereof, and the Rents, Issues and Profits thereof, to take and receive to their and every of their own proper uses and behoofs; any thing in these presents contained to the contrary thereof in any wise notwithstanding. Provided further, Proviso of Revocation of the Grant. That if the said J. C. shall at any time during her Natural life be minded or disposed to revoke or make null this present Demise and Grant, that then and upon payment and tender of One shilling of lawful money of England by her the said J. C. or any other for her by her appointment and in her life-time only, unto her the said S. W. or in her absence upon part of the aforesaid demised premises for her, and to the intent and purpose to annihilate and make voided this present Demise and Grant, that then and from and after the same payment, or tender of payment, this present Demise and Grant, and every thing therein contained, to be utterly voided, frustrate, and of none effect, to all intents, constructions and purposes whatsoever. In witness whereof the said parties to these present Indentures have interchangeably set their Hands and Seals the day and year first above written. A Grant of an Annuity in performance of a Decree in Chancery, by the Trustees of the Estate of the Husband deceased, to his Widow, to charge the Lands only. By Sir W.J. Recital of the Decree. THis Indenture, &c. Between A.S. of, &c. and J.N. of, &c. of the one part, and N.P. Widow and Relict of S.P. late of, &c. deceased, of the other part. Whereas in and by one Decretal Order or Decree made in the High Court of Chancery the 〈◇〉 day of 〈◇〉 by the Right Honourable Sir O. B. late Lord Keeper of the Great Seal of England, it was Ordered and Decreed, That the said A. S. and J. N. Trustees of the Estate of S. P. &c. deceased, should before the 29th day of, &c. by good Conveyance in Law, convey and assure unto the said N. P. one Annuity or Yearly Rent of, &c. for the term of her Natural life, to be issuing out of and chargeable upon the Lands and Hereditaments in the said Decretal Order mentioned to be paid at two usual Feasts in the year, that is to say, at Midsummer and christmas, by equal portions, as in and by the said Decretal Order, relation being thereunto had, may appear. Now this Indenture witnesseth, That the said A.S. and J.N. in pursuance and performance of the said Decretal Order or Decree, have Granted and Confirmed, and by these presents do Grant Grant. and Confirm unto the said N P. and her Assigns, one Annuity or yearly Sum of, &c. of good and lawful Money of England, to be going and issuing out of and chargeable upon all that Farm, messages, Lands, Tenements, Woods and Hereditame situate, lying and being in the Precincts or Territories of H. in the County of S. in the tenor or occupation of N. N. or his Assigns, and out of all other the Lands, Tenements and Hereditaments which were late the Lands, Tenements and Hereditaments of the said S. P. in H. aforesaid: To have, Habendum. hold, perceive and enjoy the said Annuity or yearly Rent of, &c. unto her the said N. P. and her Assigns, for and during the term of her Natural life, to be issuing out of the Rents, Issues and Profits of the messages, Lands and Hereditaments above-mentioned, and to be paid to her the said N. P. or her Assigns, at four Quarterly payments, that is to say, at the Feast of the Nativity of our Lord God, the Feast of the Annunciation of the Blessed Virgin Mary, the Feast of St. John Baptist, and the Feast of St. Michael the Archangel, by equal portions. And they the said A.S. and J. N have put the said N.P. in full and actual possession and seisin of the said Annuity or yearly Rent, by the payment of 6 d. Delivery of Seisin. of lawful money of England, to her the said N.P. at the time of the ensealing and delivery of these presents, in the Name of Seisin and Possession thereof. And if it shall happen the said Annuity or yearly Sum of, &c. Clause of Distress. or any part thereof to be behind and unpaid by the space of 20 days next after any of the aforesaid Feasts or times of payment before-mentioned and appointed for payment thereof, being lawfully demanded upon the said premises, that then and from thenceforth, and at all times thereafter, it shall and may be lawful to and for the said N.P. and her Assigns, into the said messages, Lands, Hereditaments and premises before in and by these presents charged with the said yearly Rent or Sum, and into every part thereof, to enter and distrain, and the Distress and Distresses then and there found, to led, drive, take and carry away, and to impark and impound, and the same in Pound to detain and keep, until the said Annuity or yearly Rent or Sum, and all Arrearages thereof( if any shall be) unto the said N.P. or her Assigns shall be fully satisfied, Proviso, not to charge the persons of Grantors. contented and paid. Provided always, That neither this present Writing, nor any thing therein contained, doth or shall in any manner extend itself to charge the persons of the said A. S. and J. N. or either of them, their or either of their Heirs or Assigns, by any Writ or Writs, Action or Actions of Annuity or otherwise. But it is hereby declared to be, and the true intent and meaning of the same is, to charge the said messages, Lands and Hereditaments above-mentioned, with the said Annuity or yearly Rent or Sum, and no otherwise, nor in any other manner. And the said A. S. and J. N. for themselves, Covenant for quiet Enjoyment. their Heirs and Assigns, do Covenant, promise, grant and agree to and with the said N. P. her Executors, Administrators and Assigns by these presents, That it shall and may be lawful to and for her the said N. P. and her Assigns, during the term of her Natural life, peaceably and quietly to receive, perceive, take and enjoy to her own use the said Annuity or yearly Sum of, &c. at the respective Feasts and times before-mentioned and limited, and in form as aforesaid, without any lawful let, svit, eviction, molestation, interruption, disturbance or denial whatsoever, of them the said A.S. and J. N. their Heirs or Assigns. And also, Covenant for further Assurance. That they the said A.S. and J. N. and the Heirs of the Survivor, shall and will at any time during the term or space of five years, next ensuing the date of these presents,( if the said N. P. shall so long live) at the reasonable request, and costs and charges of the said N.P. or her Assigns, make, do, aclowledge, execute and suffer, or cause to be made, done, acknowledged, executed and suffered, all and every such further act and acts, thing and things, assurance and assuances in the Law whatsoever, for the further, better, more sure and perfect granting and assuring of the said Annuity or yearly Sum of, &c. unto her the said N.P. and her Assigns, as by her or their Counsel learned in the Law shall be reasonably devised, advised or required; so as no person for doing thereof be compellable to travail above Ten Miles from the place of his respective abode or habitation. In witness, &c. A Grant of an Annuity with Proviso, That upon payment of such an entire Sum at such a time, the Annuity to cease. THis Indenture made, &c. Between Sir J. B. of, &c. of the one part, and J.A. of, &c. of the other part, Witnesseth, That the said Sir J. B. for and in Consideration of the full Sum of, &c. of lawful money of England, to him before the ensealing and delivery of these presents by the said J. A. well and truly satisfied, contented and paid, the receipt whereof he doth hereby aclowledge, and thereof, and of every part thereof, doth hereby acquit, exonerate and discharge the said J. A. his Executors and Administrators, Hath given, The Grant. granted and confirmed, and by these presents Doth give, grant and confirm unto the said J. A. and his Assigns, one Annuity or yearly Rent of, &c. of lawful money of England, issuing and going out, and to issue and go out of all and singular the messages, Lands, Tenements, Meadows, Closes and Hereditaments, with their and every of their Appurtenances of him the said Sir J. B. situate, lying and being in S. in the County of Y. or in the Fields, Precincts, Territories or known places of S. aforesaid, by whatsoever name or names the same are called or known, and in whosoever tenors, possessions or occupations the same or any part thereof now are in: Habendum for years. To have and to hold, permit and enjoy the said Annuity or yearly Rent of, &c. of lawful money of England, and every part and parcel thereof unto the said J. A. his Executors and Assigns, for and during the term of 〈◇〉 years fully to be complete and ended, the said Annuity or yearly Rent to be paid at four Quarterly payments; that is to say, at the Feast of, &c. the first payment to be made upon the Feast-day of, &c. next ensuing the date hereof. And if it shall happen the said Annuity or yearly Rent of, Clause of Distress. &c. or any part thereof to be behind or unpaid in part or in all, by the space of 30 days, over or after any of the Feast-days whereon the same ought to be paid as aforesaid, that then and from thenceforth it shall and may be lawful to and for the said J. A. his Executors and Assigns, into the said messages, Lands, Tenements and Hereditaments, with the appurtenances, before by these presents mentioned to be charged, and into every part and parcel thereof, to enter and distrain; and the Distress and Distresses then and there found, to take, carry, led or drive away and impound, and such Distress and Distresses then and there found to detain and keep until the said Annuity or yearly Rent, and every part thereof, and all the arrearages thereof( if any be) shall be fully satisfied and paid. And the said Sir J.B. for himself, his Heirs, That Grantor is seized in Fe● of premises free from encumbrances. Executors and Administrators, doth Covenant, grant and agree to and with the said J. A. his Executors and Assigns, and to and with every of them by these presents, that he the said Sir J.B. at the time of the ensealing and delivery of these presents, is lawfully and rightfully seized of a good, sure, lawful and indefeazible Estate of Inheritance in Fee-simple, of and in all and singular the said messages, Lands, Hereditaments and premises free from all manner of former and other Charges, Engagements and encumbrances whatsoever, which shall or may hinder or let the lawful taking and enjoying the said Annuity or yearly Rent, or any part thereof: And that the said messages, Lands, Hereditaments and premises herein mentioned to be charged, now are, and so at all times hereafter, during the said term, shall remain, continue and be overt, sufficient and liable to and for the Distress and Distresses of him the said J. A. his Executors and Assigns, for the payment of the said Annuity or yearly Rent before by these presents mentioned to be granted, and every part thereof, and for the arrearages thereof, from time to time, if any shall happen to be. Provided nevertheless, Proviso, to be voided upon payment. it is the true intent and meaning of these presents, That if the said Sir J. B. his Heirs or Assigns, do or shall well and truly satisfy, content and pay, or cause to be well and truly satisfied, contented and paid unto the said J.A. his Executors or Assigns, the full sum of, &c. of lawful money of England at one entire payment, in and upon the 〈◇〉 day of, &c. which shall be in the year of our Lord God, &c. then this present dead, or Grant of Annuity to be frustrate, voided and of none effect, to all intents and purposes: But if default of payment shall be made of the said sum of, &c. on the said 〈◇〉 day of, &c. aforesaid, then this present dead or Grant, and every Clause therein contained to be, stand and remain in full force and virtue. In witness, &c. An Indenture containing a Grant of a Rent-charge by the Father to his Sons Wife before Marriage, in recompense of her jointure and Dower, issuing out of those Lands which should descend to the Son after the Father's death. THis Indenture made, &c. Between J. H. the Elder of A. in the County of S. of the one part, and D. O. of K. in the County of L. of the other part; Witnesseth, that whereas it is meant and intended by and between the said parties to these presents, That J. H. the younger Son and Heir apparent of the said J. H. the Elder, shall mary and take to Wife the said D. and that the said D. shall likewise mary and take to Husband the said J H. the younger. And to the intent that the said D. shall after the death and decease of the said J.H. the younger, if she shall happen to survive him, be provided of a competent Portion to maintain her self, and in lieu and recompense of her jointure and Dower, of all the Lands, Tenements and Hereditaments whereof the said J. H. the Younger shall hereafter happen to be seized during the Coverture between him and the said D. whereof by the Laws of this Realm the said D. is to be endowed after the death of the said J. H. the younger; The said J. H. the elder hath given and granted, Grant. and by these presents for him and his Heirs doth give and grant unto the said D. one Annuity or yearly Rent-charge of, &c. of good and lawful money of England, to be issuing, going, and yearly payable unto the said D. and her Assigns, from and immediately after the death and decease of the said J.H. the younger, out of all that the Mannor of A. with the Appurtenances, set, lying and being in L. in the County of S. And out of all messages, Lands, Tenements, Meadows, Leasows, Pastures, Feedings, Commons and Hereditaments to the said manors belonging, or in any wise appertaining: To have, hold, Habendum. perceive and enjoy the said Annuity or yearly Rent of, &c. and every part thereof unto the said D. O. and her Assigns, from, and immediately from and after the death and decease of the said J. H. the younger, for, by and during the Natural life of the said D. O. the said Annuity or Rent-charge to be paid unto the said D. O. and her Assigns, at four most usual Feasts in the year,( that is to say) &c. the first payment of the said Annuity or yearly Rent-charge to be made at the first of the said Feasts that shall next happen to be after the death and decease of the said J. H. the younger. And if it happen the said Annuity or yearly Rent-charge of, &c. or any part or parcel thereof to be behind and unpaid after any of the said Feasts in which the same ought to be paid as aforesaid, by the space of Ten days; That then and so often the said J.H. the elder, and his Heirs and Assigns, A Penalty of 3 s. if the Rent be not paid within ten days after it is due. shall lose and forfeit unto the said D.O. and her Assigns the sum of 3 s. of good and lawful money of England, for and in the name of a Pain or Penalty; and that then and at all times after, it shall and may be lawful to and for the said D.O. and her Assigns, into the said Mannor and other the premises aforesaid, with the Appurtenances, or into any part or parcel thereof to enter and to distrain, as well for the said Annuity or yearly Rent-charge, which shall happen to be behind and unpaid, as also for all and every sum and sums of Money to be lost and forfeited for Non-payment of the said Annuity or yearly Rent-charge, or any part or parcel thereof, for and in the name of a Pain, as aforesaid: A Clause of Distress for the Annuity, as also for the Nomine poenae. And the Distress and Distresses then and there found and taken, to led, drive and carry away, and the same to detain and keep in her or their custody and possession, until that the said D.O. or her Assigns shall be of the said Annuity or yearly Rent, with Arrearages thereof( if any shall happen to be) and also of all and every sum and sums of Money to be lost and forfeited, for and in the name of a Pain, for not paying of the said Annuity or yearly Rent-charge, or of any part or parcel thereof, within the space of Ten days next after any of the said Feasts fully satisfied, contented and paid. And the said J.H. doth for himself, his Heirs, &c. Covenant, promise and grant, A Covenant, That if the Son die leaving Children, his own Father shall keep them during life. to and with the said D.O. &c. That if the said J. H. the younger shall happen to die in the life-time of the said J. H. the elder, having any Child or Children by him the said J.H. the younger, of the Body of the said D. begotten, then living, that then he the said J. H. the elder shall and will at his own costs and charges, during the life of the said J.H. the elder, maintain and bring up the said Child and Children, and every of them, and thereof, and of the charge thereof, shall and will acquit, exonerate and discharge the said D. during the life-time of the said J. H. the elder: And if both the said J.H. the elder and J.H. the younger shall die, leaving the said D. and having any Child or Children by the said J. H. the younger of the Body of the said D. begotten, then also living at the time of the death of the said J. H. the younger; A Covenant, That if both the Husband and the Father die, leaving the young Widow any Child begotten by the Husband, then she is to have 10 l. a year more out of the same Land. Then for better maintenance and bringing up of the said Child or Children after their deaths, the said J. H. the elder doth by these presents give and grant unto the said D. O. one other Annuity or yearly Rent-charge of 10 l. of lawful money of England, to be issuing, going, and also yearly payable to the said D. or her Assigns, out of all the said manors of A. and out of all messages, Lands, Tenements and Hereditaments to the said Mannor belonging, situate. ( ut supra) &c. for, by and during the Natural life of the said D. if she the said D. shall have any Child of her Body of the said J. H. the younger begotten, so long living, the said Annuity or yearly Rent of 10 l. to be yearly paid at the said four most usual Feasts or Terms in the year, by equal portions; the first payment thereof to be made at the first of the said Feasts that shall next happen to be after the deaths and the deceases of the said J. H. the elder and J. H. the younger. And if it happen the said Annuity, &c.( as is aforesaid, to Distrain, &c.) In Witness, &c. A Security for the payment of an Annuity or Rent-charge for seven Years, by Assignment of two Terms for Lives, and a Term for Years, by way of Lease and Release, with good Covenants: Very Judicously drawn by Sir M.H. The Lease or Bargain and Sale for a year. THis Indenture made, &c. Between G. B. of, &c. in the County of, &c. and P. C. of W. in the County of D. Spinster, one of the Daughters of the said G. B. on the one part, and T. J. of A. in the County of S. and F. B. of, &c. on the other part, Witnesseth, That the said G. B. and P. C. for and in Consideration Consideration. of the sum of, &c. of good and lawful money of England to them in hand paid by the said T. J. and F.B. before the sealing and delivery of these presents, the receipt whereof they do hereby aclowledge, and thereof do acquit and discharge the said T. J. and F. B. their Executors and Administrators by these presents. And for other good Considerations them thereunto moving, Have granted, bargained and sold, and by these presents do, and each of them doth grant, Grant. bargain and sell unto the said T. J. and F. B. their Executors and Administrators, all those, &c. with all and singular Leasows, Pastures, Feedings, Woods, shepherds, Barns, Stables, Houses, Out-houses, Edifices, Buildings, Yards, Orchards, Gardens, Commons, Commodities and Appurtenances whatsoever, to the said demised premises belonging, or at any time heretofore held, occupied or enjoyed therewith. All which said premises are situate within the said County of D. and also all those demesne Lands and Grounds of W. aforesaid, in the said County of D. sometimes demised to P. N. with all and singular Lands, Meadows, Closes, Pastures, Feedings, Commons, Common of Pasture, Grounds arable and not arable, Commodities, Profits, Emoluments and Appurtenances whatsoever to the same belonging or appertaining, now or late in the tenor or occupation of the said P. C. her Assigns or Under-tenants; and the Reversion and Reversions, Remainder and Remainders of all and singular the said premises, and all yearly and other Rents and Profits reserved upon any demise made of the same, or of any part or parcel of them. To have and to hold the said, &c. Habendum. and all and singular other the before mentioned premises, with their and every of their Appurtenances, unto the said T. J. and F. B. their Executors, Administrators and Assigns, from the day next before the date hereof, unto the full end and term of One whole year from thence next ensuing, and fully to be complete and ended. Yielding and paying therefore the Rent of one Pepper Corn only on the Feast-day of St. Michael the Archangel, if it shall be demanded; To the intent and purpose, That they the said T. J. and F. B. by virtue thereof, and by force of the Statute for Transferring of Uses into possession, may be Tenants in possession of the premises, and be thereby enabled to accept a Grant and Release of the Freehold and Remainder of the same to them and their Heirs, to the uses, and upon the Proviso therein mentioned. In witness, &c. The Release. THis Indenture made, &c. Between G. A. of, &c. in the County of, &c. and P.C. of, &c. in the County of, &c. Spinster, one of the Daughters of the said G. B. on the one part, and T. J. of, &c. in the County of, &c. and F. B. of, &c. on the other part. Whereas R.J. deceased, by 〈…〉 Indenture bearing date the, Recital of the Leases for three Lives to two. &c. day of, &c. and made between him the said R.J. on the one part, and P.C. the elder, late Wife of the said G.B. deceased, and the said P. C. party to these presents on the other part, for the Consideration therein mentioned, Did demise, grant and to Farm let unto the said P. C. the elder, and the said P. C. parties to these presents, their Heirs and Assigns, All those, &c. with all and singular Leasows, Pastures, Feedings, Woods, shepherds, Barns, Stables, Houses, Out-houses, Edifices, Buildings, Yards, Orchards, Gardens, Commons, Commodities and Appurtenances whatsoever, to the said demised premises belonging, or at any time then before held, occupied and enjoyed therewith. All which said premises are situate within the County of, &c. and were late then before in the tenor of E.C. and E. C. or their Assigns; To have and to hold all and singular the said premises, with their appurtenances whatsoever, unto the said P.C. the elder, and P. C. parties to these presents, their Heirs and Assigns, from the making of the said Indenture, for and during the Natural lives of R.C. the elder, Gent. then Aged about 24 years, A. A. Gent. then Aged about 20 years, and the said E. C. then Aged about 15 years, and the Life of the longest liver of them, under the several yearly Rents of, &c. and payable at the days and place in the said Indentures particularly expressed, and subject unto the Covenants, Provisoes, Conditions and Agreements therein also mentioned and declared, as in and by the same Indenture, relation being thereunto had, more at large may appear. And whereas the said P. C. the elder is since dead, One dies. by whose death the whole Term and Estate of and in the said premises, by the said recited Indenture granted, as aforesaid, is now vested in and come unto the said P. C. party to these presents by Survivorship. And whereas also the said R.J. The other Lease to the Grantor for life. by his Indenture bearing date, &c. day of, &c. and made between him the said R.J. on the one part, and the said P. C. party to these presents on the other part, for the considerations therein mentioned, Did demise, grant, and to Farm let unto the said P. C. party to these presents, all those the demesne Lands, &c. with all and singular Lands, Meadows, Closes, Pastures, Feedings, Commons, Common of Pasture, Grounds arable and not arable, Commodities, Profits, Emoluments and Appurtenances whatsoever, to the same belonging or appertaining, late then before in the tenor or occupation of the said P. C. party to these presents, her Assigns or Under-tenants. To have and to hold all and singular the said demesne Lands, and other the premises, with the appurtenances, unto the said P. C. party to these presents, her Heirs and Assigns, from the making of the said Indenture, for and during the Natural lives of the said P.N. E. his Wife, and R. C. the younger, and the life of the longest liver of them, under the yearly Rent of, &c. payable at the days and place in the said Indenture particularly mentioned; and subject to the several Covenants, Provisoes, Conditions and Agreements therein also expressed and declared, as in and by the said last recited Indenture, relation being thereunto had, more at large may appear. Now this Indenture witnesseth, That for and in Consideration Consideration. of the sum of, &c. of good and lawful money of England to the said G.B. and P.C. party to these presents, well and truly in hand paid by the said T.J. and F. B. before the sealing and delivery of these presents, the receipt whereof they do hereby aclowledge, and thereof do acquit and discharge the said T. J. and F. B. their Executors and Administrators by these presents. And for other good Considerations them thereunto moving, they the said G. B. and P. C. party to these presents, Grant. Have granted, bargained, sold, aliened, released, assigned and set over, and by these presents do, and either of them doth grant, bargain, sell, alien, release, assign and set over unto the said T. J. and F.B.) in their actual possession now being, by virtue of a Bargain and Sale to them thereof made for one year by Indenture bearing date the day before the date hereof, and by force of the Statute for Transferring of Uses into possession) and to their Heirs, all those the before-mentioned, &c. and all and singular the Lands, Tenements and Hereditaments whatsoever, in and by the said two several in part recited Indentures, or either of them respectively, mentioned to be granted to the said P.C. party to these presents; and the Reversion and Reversions, Remainder and Remainders of the said premises, and of every of them, and all yearly and other Rents and Profits whatsoever, reserved upon any Demise made of the said premises, or of any part or parcel of the same; and all the Estate, Right, Title, Interest, Claim and Demand whatsoever, of them the said G. B. and P.C. or of either of them respectively, in and to the said premises, or any part or parcel of the same, by force and virtue of the said recited Indentures, or either of them respectively, or otherwise howsoever, together with the said several Indentures. Habendum, as to the first Lease. To have and to hold the said, &c. and all and singular other the premises in and by the said first in part recited Indenture, mentioned to be demised and granted, and every part and parcel of the same, with their and every of their Appurtenances unto the said T.J. and F.B. their Heirs and Assigns, unto the only use of them the said T.J. To the Grantees and their Heirs during their Lives. and F.B. their Heirs and Assigns, for and during the Natural lives of the said R C. the elder, A.A. and E. C. and the Life of the longest liver of them: To have and to hold the said, &c. Habendum, as to the second Lease. and all and singular other the premises, in and by the said second in part recited Indenture, mentioned to be demised and granted, with their and every of their Appurtenances, unto the said T.J. and F.B. their Heirs and Assigns, for and during the Natural lives of the said P. N. E. his Wife, and R.C. the younger, and the Life of the longest liver of them, together with the same several in parts recited Indentures, under the several yearly Rents, and subject to the respective Covenants, Provisoes, Conditions and Agreements in and upon the same two several in part recited Indentures respectively mentioned and reserved. And whereas likewise the said R.J. Recital of the Lease for years. by one other Indenture bearing date the, &c. day of, &c. and made between him the said R.J. of the one part, and the said P. C. party to these presents on the other part, for the Considerations therein mentioned, Did demise, grant, and to Farm let unto the said P. C. party to these presents, her Executors, Administrators and Assigns, all that, &c. with all and singular Pastures, Feedings, Barns, Orchards, Stables, Out-houses, Edifices, Buildings, Yards, Gardens, Commons, Commodities, Profits, Ways, Paths, Passages, Easments, Emoluments and Hereditaments whatsoever, to the premises, or any part thereof belonging or in any wise appertaining, or reputed, occupied or enjoyed as part or parcel thereof; which said demised premises are situate, lying and being within the County of D. aforesaid; Excepting and always reserving out of the said Indenture of Lease, all Woods, and shepherds, within and growing upon the said demised premises, and all Mines of Coal and led within the same: To have and to hold, occupy and enjoy the said, &c. and all and singular other the premises( except before excepted) unto the said P.C. party to these presents, her Executors, Administrators and Assigns, from the making, sealing and delivery of the said Indenture, unto the full end, and for and during the term of 21 years, under the yearly Rent of, &c. payable at the days and place in the said Indenture particularly mentioned, and subject to the several Covenants, Provisoes, Conditions and Agreements therein also expressed, as in and by the said last mentioned Indenture, relation being thereunto had, more at large may appear. Now this Indenture further witnesseth, That they the said G.B. and P.C. party to these presents, for the Considerations aforesaid, Assignment of the Term for years. Have granted, bargained, sold, assigned and set-over, and by these presents do, and either of them doth grant, bargain, sell, assign and set-over unto the said T.J. and F.B. their Executors and Administrators, all that the said, &c. and all and singular other the premises in the said last in part recited Indenture mentioned, and intended to be thereby demised and granted, with their and every of their Appurtenances; and all the Estate, Right, Title, Interest, Term for years, claim and demand whatsoever of them the said G.B. or P.C. party to these presents, or either of them respectively in and to the same, by force and virtue of the said last in part recited Indenture, or otherwise howsoever, together with the same dead; To have and to hold the said, Habendum. &c. and all and singular other the premises, with their Appurtenances,( except as therein is excepted) together also with the said Indenture to the said T.J. and F.B. their Executors and Administrators from henceforth, for and during all the residue of the said Term for 21 years yet to come and unexpired, under the yearly Rent, Covenants and Agreements in the said Indenture mentioned and reserved. Provided always and upon Condition, Proviso, on payment of an yearly sum for seven years, then the several Grants and Assignments to be voided. That if they the said G.B. and P. C. party to these presents, or either of them, their or either of their Heirs, Executors or Administrators, or any of them, shall well and truly pay or cause to be paid unto the said T.J. and F.B. their Executors, Administrators or Assigns, the yearly Sum of, &c. of good and lawful money of England yearly, and every year, for and during the term or time of 7 years, to be accounted from the Feast of Pentecost, next ensuing after the date of these presents, the same to be paid at two Feasts or days of payment in the year; that is to say, the Feast of St. Martin the Bishop, in Winter, and the Feast of Pentecost, commonly called whitsuntide, by equal portions; the first payment to begin and be made on the Feast of St. Martin the Bishop, in Winter, next ensuing after the date of these presents, and the last payment to be made on the Feast of Pentecost, which shall be in the year of our Lord, &c. And the said payments to be made at, or in the Common Dining-Hall of the Middle-Temple, London, without any defalcation or abatement to be made out of the said yearly payments, or any of them, for or by reason of any Taxes, Charges, Assessments imposed or charged, or to be imposed or charged upon the said premises, or any of them, or upon the said G. B. and P. C. their Heirs, Executors or Assigns, by reason of the said premises, or any of them, by Authority of Parliament, or by any other Authority or Authorities whatsoever, or for any other cause, matter or thing whatsoever, Then and from thenceforth this Indenture, and the several and respective Assignments hereby made of the several and respective Estates, and every of them shall be utterly voided and of none effect, this Indenture, or any clause, matter or thing therein contained to the contrary in any wise notwithstanding. Covenant for payment according to Proviso. And the said G. B. and P. C. party to these presents, for themselves and for their several and respective Heirs, Executors and Administrators, do jointly and severally Covenant and grant, to and with the said T. J. and F. B. their Heirs, Executors, Administrators and Assigns, by these presents, that they the said G.B. and P.C. party to these presents, or one of them, their, or one of their Heirs, Executors or Administrators, shall and will well and truly pay, or cause to be paid unto the said T. J. and F. B. their Executors and Administrators, for and during the said term or time of Seven years before-mentioned, the said yearly Sum of, &c. and every part thereof, at the days and place, and in such proportions as in the Proviso or Covenant before-mentioned is limited and expressed for payment of the same, without any deduction or abatement out of the said yearly Sum, or any part thereof, for Taxes, Charges, Assessments, or for any other cause, matter or thing whatsoever, according to the true intent and meaning of the said Proviso or Covenant, and in discharge thereof without fraud or covin. That the respective Leases are good in Law. And that the said several and respective Estates and Terms hereby mentioned to be assigned, as well those for and during the Natural lives of the several persons in the same recited Indentures particularly name, as also the said third and last in part recited Indenture, during the residue of the Term for years therein expressed yet to come and unexpired, now are good and effectual Leases and Estates in Law not forfeited, surrendered or otherwise avoided. And that they the said G.B. That Grantors, or one of them, hath good right to grant. and P.C. party to these presents, have, or one of them hath good right, full power and authority, to assign and transfer the several premises, and every part thereof in manner aforesaid, according to the true intent and meaning of these presents. And also, After default of payment, Grantees to enjoy, &c. free from encumbrances( the several Rents excepted.) That if any default shall happen to be made in payment of the said Sum of, &c. yearly, or of any part thereof, contrary to the Tenor of the above-mentioned Proviso or Covenant in that behalf, that then and from thenceforth they the said T.J. and F.B. their Heirs, Executors, Administrators or Assigns, shall and may hold and enjoy the said, &c. and all and singular other the premises before-mentioned, and intended to be hereby assigned, with their and every of their Appurtenances, and take the Rents and Profits thereof, during the continuance of the before-mentioned respective Estates and Term of and in the same, without the least trouble or disturbance of the said G.B. and P.C. party to these presents, or of either of them respectively, their or either of their Heirs, Executors, Administrators or Assigns, or of any other person or persons whatsoever, freed and discharged of and from all encumbrances whatsoever,( the several Rents reserved on the said respective Leases, only excepted or foreprized.) And further, And Grantors, and all persons claiming, &c. to make further assurance after default. That if any default shall happen to be made in payment of the said, &c. or of any part or parcel thereof, contrary to the Tenor of the said Proviso or Covenant in that behalf, that then and from thenceforth they the said G. B. and P. C. parties to these presents, and all person and persons claiming the said premises, or any Estate, Right, Title or Interest in or to the same, shall and will from time to time, and at all times hereafter, during the continuance of the said several Estates and Term of and in the same, upon request, and at the costs and charges of the said T.J. and F. B. their Heirs, Executors, Administrators or Assigns, make and execute or cause and procure to be made and executed such further and other lawful and reasonable Act and Acts, Conveyances and Assurances in the Law whatsoever, for the better and more perfect and absolute conveying and assuring of the said, &c. Lands and premises discharged of the said Proviso or Covenant, as by the said T.J. and F. B. their Executors, Administrators or Assigns, or by their or any of their Counsel learned shall be reasonably advised or required. till default of payment, Grantors to enjoy, &c. And it is declared, concluded and agreed by and between all the said parties to these presents, That it shall and may be lawful to and for the said G.B. and P. C. parties to these presents, their Heirs or Assigns, To hold and enjoy the said premises, and take the Rents and Profits thereof, until default in payment of the said, &c. yearly, or of some part thereof, contrary to the Tenor of the above-mentioned Proviso or Covenant in that behalf, without the let, trouble or disturbance of the said T. J. and F. B. their Executors, Administrators or Assigns, or of any other person or persons claiming, or to claim from, by or under them, either or any of them, and without any Account to them, either or any of them to be had or given for the same. After all the payments made, Grantees to re-deliver Writings and transfer the Estate, &c. And also that from and after the full payment or satisfaction made of the said several Sums of, &c. in the said Proviso mentioned, unto them the said T.J. and F.B. their Executors, Administrators or Assigns, according to the true intent and meaning of the said Proviso, they the said T. J. and F.B. or the Survivor of them, his Heirs, Executors, Administrators or Assigns, or some of them, shall and will yield up and deliver unto the said P.C. her Heirs, Executors or Administrators,( demanding the same) the said before in part mentioned Indentures of Lease, and every of them, and also that part of these presents which is under the Hand and Seal of the said G. B. and P. C. to be canceled, and shall and will do all other lawful and reasonable acts for the Assigning or Transferring of the said Estates and Terms, as by Counsel learned in the Law shall be reasonably advised or required; the other part of these presents, which is under the Hand and Seal of the said T. J. and F. B. being at the same time restored and given back to them, their Executors, Administrators or Assigns, to be canceled. And the said G. B. and P. C. Grantors to pay and perform Rents and Covenants in the Original Leases, till default of payment. for themselves, and either of them, their and either of their Heirs, Executors and Administrators, do jointly and severally Covenant and grant, to and with the said T. J. and F. B. their Executors and Administrators by these presents, That they the said G. B. and P. C. or one of them, their or one of their Heirs, Executors or Administrators, for and during all such time as they or either of them, their or either of their Heirs or Assigns, shall be permitted to hold and enjoy the said premises, and receive the Rents and Profits of the same, according to the Agreement before-mentioned, and until the said T.J. and F.B. or the Survivor of them, his Heirs, Executors or Assigns, shall be in actual seisin and possession of the said premises, by force and virtue of this present Indenture of Assignment, shall and will well and truly satisfy and pay all the Rents reserved upon the said respective Leases, or any of them, unto the said R. J. and shall and will also well and truly do and perform all the Covenants and Agreements in the said Indenture of Lease, or any of them specified, expressed or contained; and of and from the same, and all Suits, Actions, loss and damage whatsoever, for or by reason of the breach or non-performance of the same, or any of them, shall and will save and keep harmless the said T. J. and F. B. and either of them, their and either of their Heirs, Executors and Administrators, and every of them by these presents. And lastly, Grantees after after death of any of the Lives, to renew and be allowed what they expend about it, It is further Covenanted, concluded and agreed by and between the said parties; and the said G. B. and P. C. parties to these presents, jointly and severally for themselves, their Heirs, Executors and Administrators do Covenant and grant, to and with the said T. J. and F. B. their Heirs, Executors, Administrators and Assigns by these presents, That if at any time hereafter there shall be occasioned, for or by reason of the death or deaths of any the said several person or persons, for whose Lives the said several Estates, in and by the said two first in part recited Indentures, intended to be hereby assigned, were originally granted, or for any other just or reasonable, cause whatsoever, to take a new Lease or Leases of the Ground, Lands and premises in the same Indentures respectively mentioned, and intended to be thereby Leased, or of any of them, from the said R.J. That then it shall and may be lawful to and for the said T. J. and F. B. their Heirs or Assigns, by the consent and agreement of the said G.B. and P.C. parties to these presents, their Heirs or Assigns, to fill up such Lease or Leases so to be taken for three Lives, or renew the same for 21 years, subject nevertheless to the Proviso or Covenant before mentioned: And that they the said T. J. and F. B. their Heirs or Assigns, out of the profits of the said premises ( over and besides the said sums of, &c. yearly for 7 years so to be paid as aforesaid,) shall be paid and have allowance of, and for all such sum and sums of money as by the said T. J. and F. B. their Heirs or Assigns, shall be expended or laid out for, or by reason of the same Indentures, &c. A Grant of an Annuity to a Man and his Wife during their Lives, and the Life of Survivor, by Demise or Grant of Lands for 99 years, with Proviso, &c. THis Indenture made, &c. Between W. W. of, &c. of the one part, and J. S. of, &c. and E. his Wife of the other part Witnesseth, That for and in consideration Considerations. of the Sum of, &c. of lawful money of England, to him the said W. W. in hand paid by the said J. S. before the Ensealing and Delivery of these Presents, the Receipt whereof he doth hereby aclowledge, and thereof, and of every part thereof doth Acquit and Discharge the said J. S. his Executors and Administrators, and for good considerations him thereunto moving: He the said W. W. hath, Grant. Demised, Granted, Bargained, Sold and to Farm Let, and by these Presents doth Demise, Grant, Bargain, Sell, and to Farm Let unto the said J. S. and E. his Wife all, &c. and the Reversion and Reversions, Remainder and Remainders of the said premises, and all yearly and other Rents and Profits reserved upon any Demised, or Grant of the said premises, or any of them, To Have and to Hold the said messages, Lands, Habendum. Hereditaments and premises with their and every of their appurtenances unto them the said J.S. and E. and the Survivor of them, his or her Executors, Administrators and Assigns, for and during the Term of 99 years, from henceforth next ensuing, and fully to be complete and ended, without Impeachment of, Without Impeachment of Wast. Reddend. Proviso, That upon payment of a sum yearly to Husband and Wife and Survivor, for so many years of the Term as they shall live, Estate to cease. or for any manner of Wast: Yielding and Paying therefore yearly during the said Term, the Rent of one Pepper Corn only, at the Feast of St. Michael the Archangel, if it shall be lawfully demanded; Provided always, and upon Condition, that if the said W.W. his Heirs, Executors, Administrators, or any of them( for and during so many years of the said Term, as the said J. S. and E. his Wife, or the Survivor of them shall happen to live,) shall yearly pay, or cause to be paid unto the said J. S. and E. his Wife, and the Survivor of them, his, her, or their Assigns the yearly Rent or Sum of, &c. of lawful money of England, at 2 Feasts or days of payment in the year,( That is to say,) the Feast of, &c. or within 20 days after either of the said Feasts by equal portions; the first payment to begin, and be made on the Feast-day of, &c. next ensuing the Date of these presents: The said half yearly payments to be made in the common Dining Hall of Grays-Inn, in the County of Middelsex, without any Deductions or Abatements for any Taxes, Charges, Assessments, or other matter or cause whatsoever, That then this present Indenture and the Estate hereby made shall cease, determine and be voided, any thing herein before contained to the contrary notwithstanding. Covenant for payment according to Proviso. And the said W. W. for himself his Heirs, Executors and Administrators doth Covenant and Grant to and with the said J. S. and E. his Wife, and the Survivor of them, his or her Executors, or Administrators by these presents, That he the said W. W. his Heirs, Executors and Administrators or some or one of them, shall and will well and truly pay, or cause to be paid unto the said J. S. and E. his Wife, and the Survivor of them, or his, her or their Assigns( for and during so many years of the said Term of 99 years, as the said J. S. and E. and the Survivor of them shall happen to live) the said yearly Rent or Sum of, &c. at the days and place in the Proviso before mentioned, limited and appointed for payment of the same, without making any Defalcation or Abatement out of the said yearly Sums, or any of them for Taxes, Charges, Assessments or for other cause or thing whatsoever, according to the true intent and meaning of the said Proviso, and in discharge thereof without Fraud or Covin: That Grantor is seized of a clear Estate in Fee, &c. And also, that he the said W.W. now is and standeth lawfully and absolutely seized of, and in the said messages, Lands, Hereditaments and premises before mentioned, and intended to be hereby Demised, of a perfect, absolute and indefeazible Estate of Inheritance in Fee-simple, without any Condition, Trust, power of Revocation and Limitation of any use or uses, or other matter or thing to alter, defeat or encumber the same,( one yearly Rent of, &c. above all Taxes and Reprizes issuing out of, and chargeable upon the said premises to R. J. of, &c. during his Life only excepted. And hath good right to grant. ) And that he now hath good right, full power and authority to Grant and Demise the same in manner aforesaid, according to the true intent and meaning of these presents: And also, After default of payment, Grantees to enjoy the premises discharged of all encumbrances. that if any default shall happen to be made in payment of the said yearly Rent, or any part thereof, contrary to the Tenor of the abovesaid Proviso in that behalf; that then and from thenceforth it shall and may be lawful to, and for the said J. S. and E. and the Survivor of them, his, her, or their Assigns to hold and enjoy the said premises during the residue of the Term hereby granted, without the let or disturbance of the said W. W. or of any other person or persons whatsoever, freed and discharged of, and from all encumbrances whatsoever committed done or suffered, &c.( the aforesaid yearly Rent of, &c. only excepted.) And lastly, Grantor to enjoy quietly till breach of the Proviso. It is declared, concluded and agreed by and between all and every the said Parties to these presents, That it shall and may be lawful to and for the said W. W. his Heirs and Assigns, peaceably and quietly to hold and enjoy the said premises, and to receive the Rents, Issues and Profits thereof, and of every part thereof, until breach of the Proviso before mentioned, without the let, suite, molestation and disturbance of the said J. S. and E. or the Survivor of them, his, her, or their Assigns or any of them, and without any account to him or them to be had, made or given, for, touching or concerning the same, or any part or parcel thereof. In witness, &c. A Grant of an Annuity for good Offices done, determinable upon death of Grantor or Grantee, with a Grant or Appointment of a certain Sum to be paid by so much per annum after Grantors death, being parcel of a greater sum, Grantor is enabled to charge Lands, with, by a power in a Settlement, in case Grantee survive Grantor, and Grantors Heirs doth not Settle on him an Annuity during Grantees Life. THis Indenture, &c. Between R. S. of S. in the County of L. on the one part, and H. L. of the Parish of St. M. in the County of Middelsex, on the other part Witnesseth, That the said R. S. for and in consideration Consideration. of the many good Offices, care and trouble undertaken and faithfully performed by the said H. L. for him the said R. S. and for E. S. late deceased, his dear Wife, for and during these 15 years last past, and for divers other good causes and considerations, him thereunto moving Hath given and granted, Grant. and by these presents doth give and grant unto the said H. L. and his Assigns one Annuity or yearly Rent of 20 l. of lawful money of England, to be issuing and going out of all that the Mannor or Lordship of W. in the County of York, and out of all other the Lands Tenements and Hereditaments of him the said R. S. in W. aforesaid, Habendum. To have and to hold the said Annuity or yearly Rent of 20 l. unto the said H. L. and his Assigns, for and during the Term of 21 years from henceforth next ensuing, if he the said R. S. and H. L. shall both of them so long live, the same to be paid at 2 Feasts or days of payment in the year: That is to say, the feast of St. Martin, the Bishop in Winter, and the Feast of Pentecost, by even and equal portions, the first payment to begin on the Feast of St. Martin the Bishop, in Winter next ensuing, after the Date of these presents. And if it shall happen, Clauses of Distress. the said yearly Rent or any part thereof shall be behind or unpaid, at any of the said Feasts or days of payment whereon the same is limited and appointed to be paid by these presents, that then it shall and may be lawful to and for the said H. L. and his Assigns into the said Mannor, and all and every the premises so charged as aforesaid, or into any part or parcel of the same to enter and Distrain, and the Distress or Distresses therein found to take, led, drive away, impound, and detain until he shall be satisfied the said Arrears, and his Damages for Non-payment of the same. And the said R. S. for himself his Heirs, Executors and Administrators doth Covenant and Grant to, Covenant of payment. and with the said H. L. his Executors and Administrators by these presents: That he the said R. S. shall and will yearly, and every year during the Term above granted, well and truly satisfy and pay unto the said H.L. the said Sum of 20 l. at the days and times wherein the same is, or shall grow due and payable according to the true intent and meaning of these presents. And this Indenture further Witnesseth, Limitation of a further sum, according to a power reserved. that the said R. S. for the consideration aforesaid, and in pursuance of a power limited, and reserved in and by one Indenture of Settlement Tripartite bearing date on or about the 15 day of November, in the year of our Lord, &c. and made or mentioned to be made, between him the said R. S. on the first part, J. T. &c. Widow on the second part, and T. H. W. T. H. B. and R. S. on the third part, for the charging of certain manors, Lands, Tenements and Hereditaments therein mentioned with the Sum of, &c. or any lesser Sum, to beraised out of the said manors, Lands and Tenements by such yearly payments, and under such Nomine poenae, to be forfeited upon default of payment of such Sums, so to be charged as aforesaid, and in pursuance of all and every other power or powers to them limited and reserved, Hath given, granted, limited and appointed, and by these presents doth give, grant, limit and appoint unto the said H. L. and his Assigns, the full and just sum of, &c. of lawful money of England, being parcel of, &c. of lawful money of England, which he is so enabled to charge the same, to be paid unto the said H. L. or his Assigns, by the Annual payment of, &c. at two Feasts or days of payment in the year,( That is to say,) the Feast of St. Martin, the Bishop in Winter, and the Feast of Pentecost, by equal portions, the first payment to begin on such of the said Feasts as shall next happen after the decease of the said R. S. party to these presents, the same to be issuing out of all and every of the manors, Lands, Tenements and Hereditaments whatsoever, which he the said R.S. is enabled to charge by virtue of the said Power. Clause of Distress. And if it shall happen that the said Sum of, &c. or any part thereof, shall be behind or unpaid at any of the said Feasts or Days of payment whereon the same is or shall be due and payable, according to the above-limitation, that then it shall and may be lawful to and for the said H. L. or his Assigns, into all or any of the manors, Lands or Tenements, liable or subject unto the raising of the said Charge of, &c. or any part or parcel of them to enter and distrain, and the Distress or Distresses there found, to take, led, drive away and impound, and impounded to detain, until he or they shall be satisfied the said Sum so unpaid, and his Damages for the non-payment thereof. Provided always, and upon Condition, Proviso, If the Grantors Heir, secure the Annuity, then this to cease. That if the said H. L. shall fortune to die before the said R. S. or in case R. S. the younger Son and Heir apparent of the said R.S. party to these presents, or any the heirs Males of his Body shall well and sufficiently secure unto the said H. L. one Annuity or yearly Rent-charge of 20 l. during his Life, payable at the Feasts of St. Martin the Bishop in Winter, and Pentecost, by equal portions, the first payment to be made on such of the said Feasts as shall first happen next after the decease of the said R. S. party to these presents, that then this present Indenture, and the said Charge of, &c. hereby limited and appointed to be paid, and to be issuing out of the said manors and Lands, shall cease and be utterly voided and of none effect; any thing herein contained to the contrary notwithstanding. In witness, &c. Articles. Articles of Agreement for making Assurance of Land in Fee, under a yearly Rent, for Grantee to build upon, with special Limitations how the House shall be built, as to Height, Front, Pavement, &c. ARTICLES of Agreement Indented and made the, &c. day of, &c. Between H. E. of, &c. of the one part, and A. S. of, &c. Mason, of the other part, are as follows; That the said H.E. and his Trustees, shall and will at the request, Covenant to grant. cost and charges of the said A. S. by good Assurance in the Law, convey and assure to him the said A. S. all that piece or parcel of Ground, &c. in the Parish of, &c. in the County, &c. containing in Front, &c. Foot, and in depth backward, &c. Foot, lying between other Ground of the said H. E. on the South, and other Ground of the said H. E on the North; one Head or End thereof abutteth upon the intended Piazza there towards the East, and the other Head or End thereof abutteth upon the Yards or Garden of, &c. towards the West; and all the Estates, Right, Title and Interest, claim and demand whatsoever of him the said H. E. his Trustees, every or any of them either in Law or Equity, of, in or to the said, &c. or of, in or to any part or parcel thereof; Exception. Except and always reserved to the said H.E. his Heirs and Assigns, free liberty of ingress, egress and regress, into and from the Stables of the said A.S. belonging to his said House already built there, with his and their Servants, Horses, Coaches, and other Carriages of all kinds whatsoever, in, by and through a Way or Passage made, or intended to be made at the lower end of the said piece or parcel of Ground, &c. of about, &c. Foot wide. The Estate to be granted. To have and to hold the said piece or parcel of Ground( except before excepted) unto the said A. S. his Heirs and Assigns, to the only use and behoof of the said A. S. his Heirs and Assigns for ever. Yielding and paying therefore to the said H. E. his Heirs and Assigns, yearly and every year for ever, the yearly Rent Rent. or Sum of, &c. of good English moneys always at the Feast of St. Michael the Archangel, and the Annunciation of our Blessed Lady the Virgin Mary, by even and equal portions, the first payment to be made upon the Feast of St. Michael the Archangel, which shall be in the year of our Lord, &c.( with a Clause of Distress, Distress. In case the said yearly Rent or Sum of, &c. With Condition of Re-entry for non-payment, &c. till payment of the Arrears. or any part thereof shall happen to be behind and unpaid at any of the said Feasts or Days of payment before limited.) And that with a Condition, That if the same yearly Rent, or any part thereof, as aforesaid, shall happen to be behind and unpaid by the space of, &c. days, next after any of the said Feasts or days before limited for payment thereof, that then and from thenceforth, and from time to time, so often as the same, or any part thereof, shall be behind and unpaid by the space of, &c. days, as aforesaid, It shall and may be lawful to and for the said H. E. his Heirs and Assigns, into the said premises herein before-mentioned and agreed to be granted, to re-enter, and the same to detain and keep, and the Rents, Issues and Profits thereof, to receive and take to his and their own use and uses, without any account to be made or rendered for the same, until the said H. E. his Heirs and Assigns, of the said yearly Rent of, &c. and of all the Arrearages thereof( if any be) together with his and their Costs and Charges, shall be fully satisfied and paid: Covenant to pay the Rent. ( And the said A.S. is to Covenant for the payment of the Rent at the times aforesaid.) And that he the said H.E. his Heirs and Assigns, shall not be interrupted in coming to the said Stables, Not to be interrupted in a Way. Yard and House of the said H.E. in, by and through the intended Way aforesaid, by him the said A.S. his Heirs or Assigns, or any claiming or deriving Title to the premises, by, from or under him, them or any of them. And the said A.S. for himself, his Heirs, Executors and Administrators, doth covenant, promise, grant and agree to and with the said H. E. his Heirs and Assigns, by these presents, that he the said A.S. his Heirs and Assigns, shall and will at his and their own proper costs and charges, erect and build, Covenant, that Grantee will build a House on the Ground. or cause to be erected and builded in and upon the said piece or parcel of Ground before the, &c. which shall be in the year of our Lord, &c. one sufficient House of Brick, &c. Stories high, besides the Cellars and Garrets, Fronting to the aforesaid, &c. that shall take up in a continued Building the whole Front of the said Ground, The Front, how. to range in a straight Line with the Houses of the said H. E. already built there on that side of the said intended Piazza. Scantlings in Timber, Thickness in Walls, Height in Stories. And in building the said House, shall and will observe and keep such Scantlings in his Timber, Thickness in his Walls, Height in his Stories, and Ornaments in his Front, as was observed and kept by the said H.E. in the building of his House, situate in the East side of the said intended Piazza, called, &c. with liberties only to erect Balconies, and to place the Door Door. or Entrance into the said House in the middle of the Front, or at one End thereof. And that the Roof Roof. of the said House shall be so pitched as it shall shed forward toward the said intended Piazza, with Windows therein, as in the Roof of the House of the said H. E. And that he the said A. S. his Heirs and Assigns, shall and will reimburse and pay to the said H. E. his Executors and Assigns, the whole Charges of so much of the Common-Sewer, Common-Sewer. or Drain of Bricks, as lieth before the Front of the said piece of Ground in the said intended Piazza. And shall and will bear and pay a just and due proportionable part of the Charges of making and paving of the said intended Way or Passage to be made at the West-end of the said piece of Ground, Proportionable part of Charges from the Yard of the said H.E. to the Street there called, &c. according as 44 Foot shall bear in proportion to 200 Foot, which is the whole Front of that Quarter, and also a just and due proportionable part,( to be accounted as aforesaid) of the Charges of keeping and maintaining the said intended Way or Passage in due and good Repair; and also of the making and maintaining a small sure or Drain of Bricks to be laid in the said intended Way or Passage, for the carrying of the Waste-water from the Houses built, or to be built there between the said Street called, &c. and the said House of the said H. E. And shall and will Pave the intended, &c. Foot in breadth, all along before the Front of the said piece of Ground, hereby agreed to be granted, &c. Foot whereof adjoining to the said intended House, shall be with Square ston, and raised about Inches above the other Paving. And shall and will pay for the Party-Walls and Gutters on the North and South side of the said piece of Ground, and also at the West-end thereof, so soon as he or they shall begin to build the intended Front-House aforesaid, and shall and will begin to erect and build the said House to Front to the intended Piazza, When he is to build, or else forfeit Nomine poenae. immediately from the date of these presents, or however, so soon after as the first Floors of the said House shall be laid, before the, &c. next ensuing the date of these presents, or otherwise will forfeit the Sum of, &c. Nomine poenae. And the said H. E. for himself his Heirs, Covenant to convey the premises. Executors and Administrators, doth covenant, promise, grant and agree, to and with the said A.S. his Heirs and Assigns, by these presents, That he the said H. E. his Heirs and Assigns, his and their Trustees shall and will, upon request as aforesaid, and at the proper costs and charges in the Law of the said A.S. his Heirs and Assigns, Convey and Assure the said, &c. and premises to him the said A. S. his Heirs and Assigns in manner aforesaid, with Warranty and Covenants against him and them, his and their Trustees respectively, and all persons lawfully claiming, or to claim by, from or under him or them respectively, and with further Covenants from the said H. E. to pay and discharge to the Kings Majesty, his Heirs and Successors, all such Rents, and Arrears of Rents, as are reserved out of the said premises, with other the Lands of the said H. E. in, &c. aforesaid, and now are, or hereafter shall or may be due and payable for the same, so that the said piece or parcel of Ground, nor the House thereupon to be builded, may not be any ways charged with the same, or any part thereof. Articles of Agreement, with Covenants for making assurance of a House in Fee-simple, by such a day for such a Sum. ARticles of Agreement made, concluded and fully agreed upon the day of, &c. between E. L. of, &c. in the County of, &c. Butcher, and M. his Wife, sole Daughter and Heir of W. W. late of L. in the, &c. of, &c. Cutler deceased, of the one part, and J. B. of, &c. for and on the behalf of J. E. of, &c. in the County of, &c. on the other part. Whereas the said W. W. was in his life time seized in Fee, or some other Estate of Inheritance, of and in all that messsage, &c. lying and being in the Town and Parish of S. aforesaid, situate in a certain Row of Building, in a certain Street called the, &c. abutting on the House of one T. R. to the East, and on the House of Mr. B. to the W. and fronting the high Street leading to the Church on the South, with a Curtilage, Backside, Garden, and certain Buildings of, &c. thereunto belonging lately in the Occupation of one S. F. which House and premises with the said Appurtenances by the death of the said W. W. are descended and come unto the said M. Wife of the said E.L. as sole Daughter and Heir of the said W. W. Now this Indenture witnesseth, and the said E. L. and M. his Wife, do for themselves their Heirs, Executors and Administrators, Covenant, Promise and Agree, to and with the above name J. B. That they the said E. L. and M. his Wife, shall and will for and upon the Consideration herein after mentioned at or before the, &c. next ensuing the date hereof, upon request made by the said J. B. and at the proper costs and charges of the said J.E. make a a good, perfect and sure Estate in Fee-simple of the said, &c. whether by Fine or otherwise, as the said J. E. or his council shall advice. And the said J. B. for and on the behalf of the said J. E. doth for himself his Heirs, Executors and Administrators, Covenant, Promise and Agree to and with the said E. L. and M. his Wife, their Heirs, Executors and Administrators, that upon the making of such assurance of the said premises as aforesaid, and the acknowledging of a Fine by the said E. and M. in such manner as the said J.E. shall be advised, that he the said J. E. shall pay or cause to be paid unto the said E. L. the full and just Sum of, &c. lawful money of England. In witness, Articles of Agreement, between an Executor and the Testators Widow, who according to the Custom of the Province of York, is entitled to the moiety of her Husbands Estate: She accepts Bonds and specialities of the Testators of the value in lieu, which the Executor hereby assigns over to her, she Covenanting that if more Debts appear, than the rest of the personal Estate in the Executors hands will discharge, she will refund proportionably with the other Legatees. ARticles of Agreement indented, made, concluded and agreed upon the, &c. betwixt M. M. of, &c. Clerk, Executor of the last Will and Testament of E. E. late of, &c. deceased of the one part, and A. E. Widow and Relict of the said E. E. of the other part. Imprimis, It is agreed by and between the said parties to these presents, and the said M.M. doth hereby Give, Assignment of Bonds, &c. Grant and Assign to the said A. E. all and every of the respective Bonds, Bills, Obligations, specialities and Securities for money contained in a Schedule hereunto annexed. And the said M. M. doth hereby constitute and appoint the said A. E. Authority to sue, &c. his lawful attorney to recover to her own and proper use, whatsoever Moneys are due, or shall be due upon the same, and upon receipt thereof to give Acquittances and Discharges, and upon default of payment to Sue and Implead the said respective persons mentioned therein, in the name of the said M. M. as Executors to the said E. E. or in the name of the Executors or Administrators of the said M. M. in case the said M. M. shall die before the said Moneys shall be recovered. And the said M. M. doth for himself, his Executors and Administrators, Covenant and Grant to and with the said A.E. her Executors and Administrators, not to receive any money due upon the said Bond or specialities, nor to release or discharge the same, or any of them without the consent of the said A. E. nor to do any Act or thing, whereby the said Eliz. shall be hindered or obstructed from receiving, or recovering the Moneys due upon the same, to her own proper and sole use. Item, The said A. E. doth for herself, Covenant that Assignee accepts 'em in lieu of the moiety of the personal Estate. her Executors and Administrators, Covenant and Agree with the said M. M. his Executors and Administrators, to accept the said Bonds and specialities, and Securities hereby assigned to her as aforesaid, in full satisfaction of the whole moiety of the personal Estate, of the said E.E. her late Husband, due to her by the Custom of the Province of York, and likewise in satisfaction of one Legacy of, &c. devised to her by the Will of her said Husband, as in full satisfaction of whatever she may claim out of the personal Estate of the said E. E. Item, Whereas the aforesaid A. E. hath likewise by his aforesaid Will, devised to several persons several Legacies, amounting in all to, &c. or thereabouts, as by the Will may appear. Covenant that Assignee will refund proportionably, if there happen to be more Debts than residue of personal Estate will satisfy. Now it is agreed between the said parties to these presents, That the said Legacies of, &c. shall be soley and clearly paid out of the remainder of the personal Estate of the said E. E. remaining in the hands of the said M. M. as Executors, and not out of any part that is hereby assigned to the said A. E. But in case the said M. M. his Executors or Administrators shall be Sued or Impleaded for any Debt due, or pretended to be due by the said E. E. and more Moneys shall be recovered against the said M. M. or the said M. shall be put to more expense in Law or Equity, in defending the said svit than what remains in the hands of the said M. M. as Executor to the said E. E. will satisfy, Then its agreed between the said parties to these presents, and the said E. E. doth Covenant and Agree to contribute her proportion with the other Legatees, towards the reimbursing the said M. M. so much as shall be recovered against the said M. M. or the said M. M. shall expend in defending the said svit, more than what shall remain in the said M M's. hands, as Executor to the said E. E. And for the true performance of these Articles, the said M. M. doth bind himself, his Heirs, Executors and Administrators to the said A. E. Penalty. her Executors and Administrators, in the Sum of, &c. and so A. E. is to be bound to M. M. Limitations of Uses and Estates by Articles in order to a Settlement. ANd all the said last mentioned premises, And all the residue of the Lands in that County to the use of E. C. for life, and after to J. C. and A. for life, for increase of her jointure, and after to first Son and Heirs Males, &c. and all the residue of the said manors, messages, Lands and Hereditaments, &c. in the said County of E. to the use and behoof of the said E. C. for and during the Term of his natural life, without impeachment of Wast. And from and after his death, then to the use and behoof of the said J. C. and A. for and during their natural Lives, and the Life of the longer liver of them,( for increase of the jointure of the said A.) without impeachment of Wast, during the Life of the said J. C. And from and after their deceases, then all the said manors, messages and Hereditaments in the said County of E. to the use and behoof the first Son of the Body of the said J. C. and the Heirs Males of the Body of such first Son, And for default of such Issue, to the use of the second, third, fourth, fifth, sixth, seventh, eighth, ninth and tenth, and all and every other the Son and Sons, of the Body of the said J. C. as they shall be in priority of Birth and Age, and of the Heirs Males of the Body and Bodies of all and every such Son and Sons, the elder of the same Sons, and the Heirs Males of his Body, being always preferred before the younger, and the Heirs Males of his Body, And for default of such Issue, then to the use and behoof of the said D. C. Remainder to D.C. for life and after to his first Son and his Heirs Males, &c. for and during the Term of his natural Life, without impeachment of Wast; And from and after his decease then tot he use and behoof of the first Son of the Body of the said D. C. and the Heirs Males of the Body of such first Son, and for default of such Issue, then to the use and behoof of the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth and all and every other the Son and Sons of the Body of the said D. C. as they shall be in priority of Birth and Age, and the Heirs Males of the Body and Bodies of all and every such Son and Sons, the elder of the same Sons, and the Heirs Males of his Body, being always perferred before the younger of such Son and Sons, and the Heirs Males of his Body. And for default of such Issue, then to the use and behoof of F. C. Remainder to third Son of E. C. for life, and to his first Son, and Heirs Males. third Son of the said E. C. for and during the Term of his natural Life, without impeachment of Wast, and from and after his decease, then to the use and behoof of the first Son of the Body of the said F. C. and the Heirs Males of the Body of such first Son. And for default of such Issue, then to the use of the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and all and every other Son and Sons of the Body of the said F. C. as they shall be in priority of Age and Birth, and the Heirs Males of the Body and Bodies of all, and every such Son and Sons, the elder of the same Sons, and the Heirs Males of his Body, being always preferred before the younger, and the Heirs Males of his Body, Remainder to the Heirs Males of the Body of E. C. and for default of such Issue, then to the use and behoof of the Heirs Males of the Body of the said E. C. and for default of such Issue, then to the use and behoof of all and every the Daughter and Daughters of the said E.C. Remainder to Daughters of E. C. and of the Heirs of the Body and Bodies of all and every such Daughter and Daughters; and for default of such Issue, then to the use of the said J. C. his Heirs and Assigns for ever. And it is declared and agreed, Remainder to right Heirs of J. C. by and between all the said Parties, That in such Conveyances and Assurances so, as aforesaid, to be made of the premises, there shall be Power given and reserved to and for the said J. C.( in case he shall have Issue by the said F. one, two, If J. C. have Issue a Daughter or Daughters, then power to charge Lands with— Pounds for one Daughter, and— Pounds for two Daughters, and if more, to have such a Sum divided amongst them. three, or more Daughters, to charge and make the said manors, messages, Hereditaments and premises in the said County of E.( after the death of the said A.) subject and liable unto, and chargeable with the payment of the Sum of, &c. to such Daughter, if there shall be but one; and if there shall be two Daughters, then the Sum of, &c. Pounds to be divided between them; and if there shall be three or more Daughters, then the Sum of, &c. Pounds to be divided between them, and to be re-paid at their respective Ages of 18 years, or days of Marriage of such Daughter or Daughters, so as such Daughter or Daughters mary with the Consent of the said J. C. if he be living, as also with the Consent of the said A. in case she happen to survive the said J. C. Power for each of them to make jointures. And that in such Conveyances and Assurances there be Power given and reserved to the said J. C. D. C. and F. C. and every other heir Male of the Body of the said E. C. being Tenant in possession of the Freehold of the said manors, Hereditaments and premises, by his and their dead and Deeds, Writing and Writings under his and their Hand and Seal, Hands and Seals, to be Subscribed and Sealed in the presence of two credible Witnesses at the least, to make jointures for his or their Wife or Wives, and to limit all or part of the said manors, messages, Hereditaments and premises, whereof he or they respectively shall be so seized of the Freehold in possession, to the use of such Wife or Wives respectively, for her or their Life or Lives, or for any number of years determinable upon her or their Life or Lives, immediately from and after the deceases of their several and respective Husbands, for her or their jointures. And the said J.C. for himself, his Heirs, Executors and Administrators, doth covenant promise and grant, to and with the said Sir A. B. his Heirs, Executors and Administrators, by these presents, That if the said E.C. shall die before the said day of, &c. aforesaid,( the said manors and premises not being settled, as aforesaid) That then the said J.C. shall and will within the space of six Months next coming after the said day of, &c. aforesaid, at the Costs and Charges of the said Sir A.B. his Heirs or Assigns, well and sufficiently convey and assure the said manors and premises unto, and to the use of the said J. C. and A. for and during the Natural lives, and the life of the longer liver of them, for the jointure of the said A. without impeachment of Waste during the life of the said J. C. And from and after the deceases of the said J. C. and A. then to such Uses, and with such Remainders, Powers, Limitations and Reservations, as are before in and by these presents mentioned and expressed. And the said E. C. and D. C. for themselves and either of them, their and either of their Heirs, Executors and Administrators, do covenant, promise and grant, to and with the said Sir A. B. his Heirs, Executors and Administrators, by these presents, That if J. C. die without Issue Male before jointure made, that E. C and D.C. will convey Lands of such yearly value to A. That if the said J. C. shall die without heir Male of his Body, begotten on the Body of the said A. before the said jointure made as aforesaid, That then the said E. C. and D. C. shall and will at the Costs and Charges of the said Sir A. B. his Heirs or Assigns, within six Months next coming after the said day of, &c. aforesaid, and death of the said J. C. without heir Male of his Body, convey and assure unto, or to the use of the said A. for and during her Natural life, for her jointure, such part and parts, and so much of the said manors, messages, Lands, Hereditaments and premises as shall be, and during the life of the said E. C. shall be and continue of the clear yearly value of, &c. over and above all Charges and Reprizes whatsoever: And all the residue of the said manors, Lands, Hereditaments and premises, to the use and behoof of the said E. C. for and during the Term of his Natural life, without impeachment of Waste, and from and after his decease to the use of the said A. for and during her Natural life, for increase of her jointure; and from and after her decease, with such Remainders over unto the said D. C. and with such further and other Remainders over, after the death of the said D. C. as aforesaid, and with such Powers, Limitations and Reservations, as before in these presents are mentioned and expressed. That if E.C. also die before such Settlement, then D.C. to convey premises to A. And that if the said E.C. shall also die( the said J. C. being dead, as aforesaid, without heir Male of his Body by the said A.) before the said jointure made, That then the said D. C. alone, at the Costs and Charges of the said Sir A. B. his Heirs and Assigns, shall and will before the end of six Months next coming, after the said day of, &c. well and sufficiently convey and assure unto, or to the use of the said A. all and singular the said manors, messages, Lands, Hereditaments and premises, for and during the Term of her Natural life, for her jointure; and from and after her decease, with such Remainder over to the said D.C. and with such further and other Remainders over after the death of the said D.C. as aforesaid, and with such Powers, Limitations and Reservations, as before in these presents are mentioned and expressed. Item, It is Covenanted, Granted and Agreed, by and between all the said Parties to these presents; and the said E. C. J. C. and D. C. for themselves, That E.C. J.C. and D.C. shall within six days grant to Sir A.B. the manors, &c. in Trust, &c. and every of them, their and every of their Heirs, Executors and Administrators, do covenant, promise and grant, to and with the said Sir A.B. his Heirs and Assigns, by these presents, That the said E. C. J. C. and D. C. shall and will within six days next coming, after the date hereof, at the Costs and Charges of the said Sir A. B. demise, grant, bargain and sell unto the said Sir A.B. T.S. and W.M. all and singular the said manors, messages, Lands and Hereditaments in the said County of E. To have and to hold the same unto the said Sir A.B. T.S. and W. M. their Executors, Administrators and Assigns, for and during the Term of Threescore years; upon Trust and Confidence nevertheless in them the said Sir A. B. T. S. and W. M. That they the said Sir A.B. T. S. and W.M. and the Survivors and Survivor of them, their Executors and Assigns, shall permit and suffer the said E. C. and his Assigns, quietly and peaceably to have, hold and enjoy the said manors, messages, Lands, Hereditaments and premises, and receive and take the Rents, That E.C. shall receive Rents till &c. if he live; and after to permit and suffer J.C. and A. to hold Lands of such value for the life of A. Issues and Profits thereof to his and their own use, until the said 〈◇〉 day of, &c. aforesaid,( if the said E. C. shall so long live.) And from and after the said 〈◇〉 day of, &c. aforesaid, or death of the said E. C. which shall first happen, shall permit and suffer the said J.C. and A. his Wife, and the Survivor of them, during their lives, and the life of the longer liver of them, to hold and enjoy such parts and so much of the said manors, messages, Hereditaments and premises as shall be, and during the life of the said A. shall be and continue, of the clear yearly value of, &c. and also permit and suffer the said J.C. during the joint Lives of the said E. C. J. C. and A. to hold and enjoy such part and parts, and so much more of the said manors, messages and Hereditaments, To permit J.C. during joint Lives of him and A. to hold part of the premises of such yearly value, for increase of present Maintenance; and E.S. during his life to enjoy the residue; and after his death J. C and A. to hold the whole during their Lives, and after to such persons to whom the Reversion thereof is limited. Proviso. premises to be conveyed within six months after the, &c. day of, &c. to the uses aforesaid, and then the Grant for 60 years to be voided. as shall be of the clear yearly value of, &c. more, for increase of the present maintenance of the said J. C. And shall also permit and suffer the said E.C. during his life to hold and enjoy all the residue of the said premises during his life, and from and after his decease the said J. C. and A. for and during their lives, and the life of the longer liver of them, to hold and enjoy all the said manors, Lands and premises, and after their deceases, then such other person and persons to whom the Reversion or Remainder of the premises is, as before( according to the true intent and meaning of these presents) limited and appointed to be and remain, for the uses, intents and purposes aforesaid. Provided always, and upon Condition, That if the said E. C. and J. C. jointly, or the said J. C. alone, or the said E. C. and D. C. jointly, or the said D. C. alone, shall, on or before the said 〈◇〉 day of, &c. aforesaid, or within six Months after the same, well and sufficiently convey and assure the Freehold and Inheritance of the said manors, Hereditaments and premises in the said County of E. to such uses, intents and purposes, as aforesaid, and according to the true intent and meaning of these presents, as aforesaid, That then and from thenceforth the said Demise, Grant, Bargain and Sale, and every matter and thing therein contained, shall be voided and of none effect. Any thing therein to be contained to the contrary in any wise notwithstanding. Assignments. Annuity granted to a younger Son, by way of Trust, for 99 Years,( if he so long live) with a Proviso, That if he Alien or Assign it, then to cease: The Son( to raise up Money) covenants to make Assurance of the same, and till then to stand possessed to the use of the intended Grantee, or other, and makes the intended Grantee Attorney to receive it to his own use, with Covenant not to Revoke or Release. THis Indenture Tripartite, made, &c. Between J.B. of, &c. in the County of, &c. on the first part; S.B. of C. in the County of Y. on the second part; and R.C. of G. in the County of, Recital of the Grant, or Limitation by Father. &c. on the third part. Whereas R. B. late of B. in the County of W. deceased, late Father to the said J. B. and S. B. by two several Indentures of Lease, bearing Date the, &c. and the Release the, &c. day of, &c. in the Year of our Lord, &c. and made between him on the one part, and S.S.( by the Name of S.S. of, &c. in the said County of, &c. W. S. and E. C. and D. A. on the other part, for the Consideration therein mentioned, and reciting as therein is recited, Did, amongst other things, grant and convey unto the said S. S. W.S. E.C. and D.A. and their Heirs, All that the Mannor of E. with its Rights, Members and Appurtenances, in the said County of, &c. unto the use and behoof of the said R. B. during life, without impeachment of Waste; and after his decease, unto the use and behoof of the said S.S. W.S. E.C. and D.A. their Executors, Administrators and Assigns, for and during the Term of 99 Years, upon Special Trust and Confidence ( amongst other Trusts in the said Indenture contained,) That they the said S. S. W. S. E.C. Trust for raising Annuities to younger Children. and D.A. their Executors, Administrators and Assigns, out of the Rents and Profits of the said Mannor and premises, should pay the yearly Sums of, &c. apiece, to R.B. and J.B. the said R. B. J. B. and P. B. younger Sons to said R. B. the Father, during their respective Natural lives, and to be payable and paid upon every, &c. day of, &c. by equal portions. In which Indenture is a Proviso to this effect,( viz. Recital of the Proviso, That if they alien their Annuities, then to cease. ) That if the said Sons, or any of them should Alien or Assign over there said Annuity or Yearly payments to any persons whatsoever, that then such Yearly payment, as to the parties Aliening, should cease and determine, as in and by the said Indenture amongst other things, relation being thereunto had, may more at large appear. Now this Indenture witnesseth, That for and in Consideration Consideration. of the Sum of, &c. of good and lawful money of England, to the said J. B. well and truly in hand paid by the said S. B. before the sealing and delivery of these presents, the Receipt whereof he doth hereby aclowledge, and thereof doth acquit and discharge the said S. B. by these presents: And for other good Consideration him thereunto moving, he the said J.B. for himself, his Executors and Administrators, doth covenant and grant to and with the said S. B. his Heirs and Assigns, by these presents, Covenant for making any assurance of the same. That he the said J. B. shall and will from time to time, and at all times hereafter, upon request, and at the costs and charges of the said S. B. his Heirs and Assigns, do and execute all and every such lawful and reasonable act and acts, conveyances and assurances in the Law whatsoever, for the granting, assigning, releasing or extinguishing of the said Annuity or yearly Sum of, &c. and of all Trusts for payment of the same, as by the said S. B. his Heirs or Assigns, or by his and their Counsel learned shall be reasonably devised or required, so as such Assurance contain no other Covenant or Warranty, than only against the acts and deeds of the said J.B. and of all person or persons claiming from, by, till when, to stand seized to intended Grantees use. or under him: And so as the party or parties to make the same, be not compelled to travail from their usual abode for doing thereof: And that he the said J. B. from henceforth, and in the mean time, until such Assignment or Release shall be made thereof, shall and will stand possessed and seized of and in the said yearly Rent of, &c. in Trust to and for the sole use and benefit of the said R. C. and his Assigns, or such other person or persons as the said S. by any Writing or Writings under his Hand and Seal, or by his last Will in Writing, shall limit and appoint. And the said J. B. Constitution of the Attorney. for the Considerations aforesaid, doth hereby make, constitute and appoint the said R. C. to be his true and lawful Attorney for him, and in his Name, but to and for the sole benefit and behoof of him the said R. C. To demand and receive of and from the said S. S. N. S. E. C. and D. A. their Executors or Assigns the said yearly Sum of, &c. and for the same, or any part thereof, to give Acquittances or other legal Discharges, or for Non-payment thereof, to commence any Action at Law, or in Equity, ratifying, and hereby confirming and allowing whatsoever the said R. C. shall do, or cause to done in and about the premises. Covenant, not to Revoke. And that he the said J.B. shall not at any time hereafter revoke, adnul, or make voided the said Letter of Attorney, or Warrant, so made to the said R.C. as aforesaid, nor do, commit or suffer any act or thing whatsoever, whereby the same, or any Action or svit in Law or Equity, by the said R.C. by virtue thereof to be had or prosecuted, shall or may be released, revoked or discharged. And also, Nor release any Actions. That in case the said R.C. shall happen to die before the said J.B. whereby the said Letter of Attorney should determine, that then he the said J. B. shall and will give such further Letter of Attorney unto such person or persons, as by the said S. B. or his Heirs shall be nominated and appointed for the recovery of the said yearly Sum of, &c. to the proper use and benefit of the said person or persons so to be nominated or appointed, without account to be made to him the said J. B. or his Assigns for the same; and with Covenants, not to revoke, determine or make voided the same, as by the said S.B. or his Heirs, shall be reasonably advised or required. And lastly, The said J. B. for himself, his Heirs, Executors and Administrators, doth covenant and grant to and with the said J.B. his Heirs and Assigns, by these presents, That he the said J.B. hath not at any time heretofore done or suffered any act or thing whatsoever, whereby the said Annuity or yearly Rent of, &c. or any part thereof, or his Trust or equitable Right or Interest in or to the same, shall or may be impeached or encumbered in Title, Charge, Estate, or otherwise. In witness, &c. An Assignment of a Mortgage for years forfeited, with a Confirmation of the Assignment for the residue of the Term by the first Morgagor, with Proviso for him to redeem, &c. THis Indenture Tripitarte, &c. Between J.F. of, &c. in the County of, &c. on the first part, C. M. of H. in the County of N. on the the second part, and C.S. of N. in the County of, Recital of the Demise for years. &c. on the third part, Whereas by Indenture bearing date, &c. day of, &c. in the year of our Lord, &c. and made between the said J. F. by the name of J. F. of, &c. in the County of, &c. on the one part, and the said C. M. on the other part, the said J. F. for the considerations therein mentioned, Did Demise, Grant, Bargain and Sell unto the said C. M. all those Demesne Lands of the Mannor of F. with the Appurtenances. And all Lands, Tenements and Hereditaments thereunto belonging, or occupied, used or enjoyed as the Demesne Lands of the said Mannor, or accepted, reputed or taken as part, parcel or member thereof, situate lying and being in the Parish of S. in the said County of N. together with all and singular messages, Houses, Buildings, Barns, Stables, Orchards, Gardens, Lands, Tenements, Meadows, Pastures, Feedings, Woods, Underwoods, Hedges, Hedgrow, Fences, Ditches, Waters, Watercourses, Paths, Passages, Easments, Profits, Commodities, Advantages, Emoluments and Hereditaments whatsoever to the said Demesne Lands belonging, or in any wise appertaining or accepted, reputed or taken as part or parcel thereof. And the Reversion and Reversions, Remainder and Remainders of the said Premises, and all yearly and other Rents and Profits whatsoever, reserved upon any Demise or Lease, made of the said premises or any of them, To Have and to Hold the said Demesne Lands, Tenements and Hereditaments before mentioned, and intended to be thereby demised and granted, with their and every of their Appurtenaces, unto the said C. M. his Executors, Administrators and Assigns, for and during the Term of, &c. from thenceforth next ensuing, and fully to be complete and ended, without Impeachment of, or for any manner of Wast, under the yearly Rent of one Pepper corn if it should be demanded: In which Indenture there is a Proviso or Covenant to this effect, Provided always, and upon Condition, nevertheless, That if the said J.F. his Heirs, Executors or Administrators or any of them, should well and truly pay, or cause to be paid unto the said C. M. his Executors, Administrators or Assigns, the full and just Sum of, &c. of good and lawful money of England on the, &c. day of, &c. which was to be in the year of our Lord, &c. without any defalcations whatsoever, for Taxes, Charges, Assessments, or for any other cause or thing whatsoever, That then the said Indenture, and the Assurance thereby made should cease, determine and be utterly voided, any thing therein contained to the contrary notwithstanding. As in and by the said Indenture and Proviso contained, relation being thereunto had more at large may appear: And whereas default was made in payment of the said, &c. according to the said Tenor of the said Proviso, by means whereof the said Term and Estate, of and in the said premises for 500 years, by the said recited Indenture granted, became absolute to the said C. M. And whereas there is now due to the said C. M. besides the said principal money the Sum of, &c. for Interest, Now this Indenture witnesseth, that for and in Consideration of the Sum of, &c. of good and lawful money of England to the said C. M. Consideration. and of, &c. like lawful money to the said J. F. well and truly in hand paid by the said C. S. before the ensealing and delivery of these Presents, The receipt of which said several Sums, they the said C. M. and J. F. do hereby respectively aclowledge, and thereof do respectively acquit and discharge the said C. S. his Executors and Administrators. And for other good Considerations them thereunto moving, he the said C. M. by the direction and appointment of the said J. F. testified by his being made a party hereunto, and his Sealing and delivery hereof. And for other good Considerations him thereunto moving, Hath bargained, sold, assigned and set over, and by these presents doth bargain, sell, assign and set over unto the said C. S. his Executors and Administrators, all those the Demesne Lands of the Mannor of F. in the said County of N. and all and singular the premises whatsoever, in the said recited Indenture mentioned, and intended to be thereby demised and granted as aforesaid, with their and every of their Appurtenances. And the Reversion and Reversions, Remainder and Remainders of the same, And all Rents and Profits thereupon reserved, And all the Estate, Right, Title and Interest, Term for years, claim and demand whatsoever of him the said C.M. in and to the same, by force and virtue of the said recited Indenture, or otherwise, together with the said Indenture, To Have and to Hold the said Demesne Lands, Habendum. Tenements and premises, with their and every of their Appurtenances, together with the said Indenture unto the said C. S. his Executors and Administrators, for and during all the residue and remainder of the said Term, for 500 years hereby granted and assigned yet to come and unexpired, under the yearly Rent, Covenants and Agreements in the said recited Indenture reserved and mentioned; Covenant that Assignor hath done no act to encumber. And the said C. M. for himself, his Heirs, Executors and Administrators, doth Covenant and Grant to and with the said C.S. his Executors and Adminstrators by these presents, That he the said C.M. hath not at any time heretofore committed, done or suffered any act, matter or thing whatsoever, whereby the said premises, or any of them, are, or may be impeached or encumbered in Title, Charge, Estate or otherwise howsoever, And the said J. F. Confirmation by Mortgagor. for the Considerations aforesaid, hath ratified and confirmed, and by these present doth ratify and confirm unto the said C. S. all those the before mentioned, and intended to be hereby assigned Demesne Lands and premises, To Have and to Hold unto the said C.S. his Executors and Administrators, for and during all the said residue and remainder of the said Term for 500 years yet to come, and unexpired without impeachment of or for any manner of Wast, discharged of all power and Equity for the redemption of the same whatsoever in Law or Equity. Provided always, and it is the true intent and meaning of these presents, Proviso. and of the parties hereunto. And the said C. S. for himself, his Heirs, Executors and Administrators, doth Covenant and Grant to and with the said J. F. his Heirs and Assigns by these presents, That if he the said J. F. his Heirs, Executors or Administrators or any of them, shall well and truly pay or cause to be paid unto the said C. S. his Executors or Administrators, the full and just Sum of, &c. good and lawful money of England, in manner following.( That is to say, &c.) part thereof on the, &c. day of, &c. next ensuing the Date hereof, and the Sum of, &c. Residue thereof on the, &c. day of, &c. which shall be in the year of our Lord, &c. Both the said payments to be made in the common Dining Hall in Grays-Inn, in the County of Middelsex aforesaid, without Defalcation or Abatement, to be made out of the said Sums, or either of them for Taxes, Charges, Assessments, or for other Cause, Matter or thing whatsoever, That then this present Indenture of Assignment, and the Estate hereby made shall cease, determine and be utterly voided, or otherwise, that he the said C. S. his Executors or Administrators, shall and will Assign and Transfer unto the said J. F. his Executors or Administrators, or to such other person or persons as he the said J. F. his Heirs or Assigns shall direct and appoint: All those the said Demesne, Lands and premises before mentioned, to be hereby assigned with their Appurtenances, and all his and their Right, Title and Interest, in and to the same, discharged of all encumbrances by him or them, or by any person or persons claiming, from, by or under him or them committed, done or suffered in the mean time. And the said J. F. Covenant for payment, &c. for himself his Heirs, Executors and Administrators, doth Covenant and Grant to and with the said C. S. his Executors and Administrators by these presents, That he the said J. F. his Heirs, Executors or Administrators, or some of them shall and will well and truly pay or cause to be paid unto the said C. S. his Executors and Administrators by these presents, the said Sum of, &c. and every part thereof, at the days and place in the Proviso therein mentioned, limited and appointed for payment of the same, without making any deduction or abatement out of the said Sum, or any part thereof for Taxes, Charges, Assessments, or for other Cause, Matter or thing whatsoever, according to the true intent and meaning of the said Proviso or Covenants, and in discharge thereof without Fraud or Covin. And also that the said recited Indenture of Lease, That the Original Demise is a good dead in Law. for the residue of the Term hereby assigned, now is, and from and after the executing of these presents, shall be and continue a good and effectual Lease and Estate in Law, not forfeited, surrendered or otherwise avoided. And that he the said C. S. his Executors, Covenant for quiet Enjoyment. Administrators or Assigns, shall and may hold and enjoy the said premises, and take the profits of the same without the let, trouble or disturbance of the said J.F. or of any person or persons whatsoever, freed and discharged of and from all encumbrances whatsoever, That Assignor hath power to grant. And also that the said C. M. now hath good Right, full Power and Authority to Grant and Assign the same premises in manner aforesaid, according to the true intent and meaning of these presents. And further, After default in payment Assignee to enjoy, &c. that if any default shall happen to be made in payment of the said, &c. or any part thereof contrary to the Tenor of the abovesaid Proviso or Covenant in that behalf, that then and from thenceforth he the said C. S. his Executors or Administrators, shall and may hold and enjoy the said Demesne Lands and premises, and take the Rents and Profits thereof, during the residue of the said Term hereby assigned, without the trouble or disturbance of the said C. M. or J. F. or of either of them respectively, or of any other person or persons whatsoever, And likewise that if any default shall happen to be made in payment of the said, &c. or of any part thereof, contrary to the Tenor of the above said Proviso, or Covenant in that behalf; That then and from thenceforth he the said J. F. ●●d then also to make further assurance. and the said C. M. and either of them respectively, and all person and persons claiming the premises, or any Estate, Right, Title or Interest, in or to the same shall and will at the Request, Cost and Charges of the said C. S. his Executors or Admistrators make and execute, or procure to be made and executed, such further and other Act or Acts, for the strengthening, confirming and making absolute of the Remainders of the said Term, hereby assigned to the said C. S. his Executors and Administrators, discharged of the said Proviso or Covenant, as by the said C. S. his Executors or Administrators, or by his or their council learned, shall be reasonably devised or required. In Witness, &c. An Assignment of an Annuity or Rent Charge, granted by a former Husband, to the use of his Wife for her Life, who before Inter-marriage with a second Husband, by his Consent, and together with him Settles it upon Trustees to prevent his intermeddling, and that the same shall be at her sole disposing. THis Indenture Quadripartite made, &c. Between A. B. of the first part, C. D. of the second part, E. F. of the third part, and G. H. and J. K. Recital of the Grant of the Annuity. of the fourth part. Whereas J.D. late Husband of the said C. D. of, &c. deceased, by his Indenture bearing date, &c. made between him the said J. D. of the one part, and the said A. B. of the other part, for the Considerations therein expressed, did Give, Grant and Confirm unto the said A. B. one Annuity or yearly Rent of, &c. of lawful money of England, to be issuing and going out of all, &c. To Have and to Hold the same unto the said A. B. his Heirs and Assigns, from and immediately after the death of him the said J. D. for and during the Term of 70 years, if C. Wife of the said J.D. should so long live, upon special Trust in the said Indenture mentioned and declared: That he the said A.B. his Heirs and Assigns should permit, and suffer the said C. D. and her Assigns,( in case she should Survive the said J. D. her Husband) to have, enjoy, perceive and receive the same, and every part thereof to her own proper use, during so many years of the said Term, as she should happen to Live, at such days and times as the same is thereby limited to be paid; As in and by the said recited Indenture, Relation being thereunto had more fully and at large it doth and may appear. Recital of the Marriage and Agreement. And whereas there is a Marriage intended to be shortly had, and solemnized between the said E. F. and the said C. D. And whereas it is agreed between the said E. F. and C.D. That she the said C.D. shall and may from time to time, and at all times as well during the said intended Coverture, between them the said E. F. and C. D. as if she the said C. D. was still sole and unmarried, receive to her self or otherwise dispose of the said Annuity, or yearly Sum of, &c. aforesaid, and of every part thereof, and of all the Profits, Penalties or Sums of money accrueing or becoming, or which may at any time hereafter accrue or become due and payable, for or in respect or by reason of the same to such person or persons, and in such manner as the said C. D. shall think fit, Exclusive always unto him the said E. F. so as he shall not intermeddle, or have any thing to do therewith. Now this Indenture witnesseth, That in pursuance of the said Agreement, and for and in Consideration of the several Sums of 5 s. apiece, to them the said A. B. C. D. and E. F. severally in hand paid by the G. H. and J. K. at or before the ensealing and delivery of these presents, &c. the several Receipts whereof are hereby respectively acknowledged, and in pursuance and performance of the Trust aforesaid so vested, remaining in the said A. B. as aforesaid. He the said A. B. by and with the especial direction, consent and appointment of them the said C. D. and E. F. testified by their being parties unto and Sealing and Delivery of the presents. Hath granted, assigned and set over, and by these presents doth Grant, Grant. Assign and set over unto the said G. H. and J. K. their Executors, Administrators and Assigns, the said Annuity or yearly Rent of, &c. to be issuing and going forth of all those messages, &c. in the said recited Indenture mentioned, and all arrearages and Forfeitures thereof, or for the same: And all the Estate, Right, Title, Interest, Use, Trust, Property, Claim and Demand whatsoever, of him the said A. B. of in and to the same yearly Rent or Sum of, &c. and all arrearages and Forfeitures thereof; Together with the said Indenture, and the benefit and advantage of all Covenants and Clauses therein contained, To Have and to Hold, Habendum. perceive, receive and take the said Annuity or yearly Rent Charge of, &c. and all arrearages and Forfeitures thereof for the same. Together with the said recited Indenture, and the benefit and advantage of all Covenants and Clauses therein contained unto them the said G.H. and J.K. their Executors, Administrators and Assigns, for by and during all the rest and residue of the said Term of 70 years therein yet to come and unexpired. If she the said C. D. shall so long live, in as large and ample manner, to all intents and purposes as the same was granted unto him the said A. B. in and by the said recited Indenture. Yet nevertheless upon the Trusts and Confidence, and to the use, intents and purposes herein after declared and to no other use, intent or purpose whatsoever.( That is to say, Declaration of Trust. ) upon Trust and Confidence, and to the intent and purpose that they the said G.H. and J.K. and the Survivor of them, his Executors, Administrators and Assigns, shall and may demand, levy, take and receive the said Annuity or yearly Rent Charge, and every part thereof, and all arrearages and Forfeitures now due or to be due, for or by reason of the same, and shall from time to time, and at all times order, employ, dispose and pay the same Annuity or yearly Rent Charge, and every part thereof, and all arrearages or Forfeitures of or for the same, and all the proceed and profits which shall be made thereof, not unto him the said A. B. Trustees to pay it to C. D. or whom she appoints, and not to the Husband. his Executors, Administrators or Assigns, or any other person or persons for his or their use, or by his appointment, but unto the proper hands of the said C. D. or to such other person or persons only, and to such other uses, intents and purposes only, and in such other manner only, as by any Writing or Writings to be subscribed by the said C. D. with her own hand, in the presence of two or more credible Witnesses, shall be from time to time declared, limited and appointed. And from time to time until such appointment made and subscribed as aforesaid by the said C. D. they the said G. H. and J. K. Until appointment Trustees to keep it in their hands. and the Survivor of them his Executors, Administrators and Assigns, shall and may retain and keep in their own hands and custody the said yearly Rent or Sum of, &c. and every part thereof, and all arrearages or Forfeitures of or for the same, and all the proceed and profits which shall or may be made thereof, until such limitation or appointment shall be thereof made in manner as aforesaid; and for default of such limitation and appointment to be made by the said C. D. as aforesaid, of the said yearly Rent or Sum, or of any part thereof, in manner as aforesaid, That then and in such case they the said G. H. and J. K. and the Survivor of them, his Executors, Administrators and Assigns, shall pay and dispose of the same yearly Rent, or such part thereof, For default of appointment, the Arrears to be paid to the next of Kin,( except the Husband.) whereof no such appointment is made in manner aforesaid, not unto him the said E. F. his Executors, Administrators and Assigns, or to any other person or persons, to his or their own use, or by his or their appointment; but to such other person or persons other than the said E. F. who shall have right to administer, as next of Kindred to the said C.D. and to or for no other person, use, intent or purpose whatsoever. And the said E. F. for himself, Covenant, That E.F. hath not done, nor will do any act to release the Annuity or Arrearages. his Heirs, Executors and Administrators, doth covenant, promise, grant and agree to and with the said G. H. and J. K. and the Survivor of them, his Executors, Administrators and Assigns, by these presents, in manner and form following;( that is to say,) That he the said E. F. hath not not at any time heretofore made or done, nor shall or will at any time hereafter, witting or willingly make, do, or suffer any act, matter or thing whatsoever, whereby or wherewith the before-mentioned to be hereby assigned Annuity, or any part thereof, and the Arrearages thereof, or forfeitures for the non-payment thereof, are, or shall, or may be released, discharged, or hindered to be received and paid, according to the true meaning of these presents. And further, That she the said C. D. shall and may from time to time, and at all times hereafter, as well during the said intended Coverture, as if she was still sole at her own will and pleasure, according to the Agreements and Trusts aforesaid, There the Wife shall dispose and appoint. to make any such disposal, limitation, or appointment of all or any part of the said Annuity or yearly Rent, and of all Sums of money due for non-payment thereof, and of the proceed and profit thereof, by any Writing under her Hand and Seal, executed as aforesaid; and to do all and every other act and acts in pursuance of the Power aforesaid, as fully and effectually, being under Coverture, as if she the said C. D. was then sole and unmarried. And that they the said G.H. and J.K. and the Survivor of them, his Executors, Administrators and Assigns, shall and may execute and perform the Trusts accordingly, without the let, svit, trouble or interruption of him the said E.F. his Executors, Administrators or Assigns. And also, That he the said E. F. his Executors, E.F. not to intermeddle, but to permit all persons to whom, &c. to receive. Administrators or Assigns, or any or either of them, shall not, nor will not at any time hereafter, during the said intended Coverture, or afterwards intermeddle with the said Annuity or yearly Sum of, &c. or any part thereof, nor the Arrearages thereof, or Forfeitures for the same, or any the proceed or benefit thereof, or of any part thereof; but that all and every person and persons, to whom she the said C. D. shall dispose the same, or any part thereof, shall and may at all times hereafter, receive, hold and enjoy the same quietly and peaceably, without the let, svit, trouble, interruption, claim or demand whatsoever, either in Law or Equity, of him the said E.F. his Executors, Administrators or Assigns, or of any other person or persons claiming, or to claim by, from or under him or them, or his or their use, or by his or their appointment, privity or procurement. And further, That he the said E. F. E. F. to do any further act, &c. his Executors, Administrators and Assigns, shall and will from time to time, and at all times hereafter, upon the reasonable request, and at the costs and charges in the Law of them the said G.H. and J. K. or the Survivor of them, his Executors, Administrators or Assigns, make, do and execute, or cause and procure to be made, done and executed, all and every further and other lawful and reasonable act and acts, for the executing, perfecting and performing of the trusts, intents, purposes and agreements aforesaid; and to enable her the said C. D. notwithstanding the said intended Marriage, to dispose, limit and appoint the same Annuity or yearly Rent, and every part thereof, and all and every Sum and Sums of money due or payable for non-payment thereof, and the proceed and benefit thereof, and of every part thereof, as well during the said intended Coverture, as before, according to the true intent and meaning of these presents, and of the Trusts herein before-mentioned. And lastly, It is declared and agreed by and between all and every the said parties to these presents, That they the said G.H. and J. K.( Trustees herein before name) and the Survivor of them, his Executors, &c. shall be only charged and chargeable with, and accountable for such moneys as they shall respectively actually receive by, Trustees to account for no more than they receive, and to deduct Charges. and out of the premises, and with no more, nor the one for the other, or with or for the receipts or disbursements the one of the other; and that they and every of them shall and may be saved harmless, and deduct to themselves, by and out of the premises, of and for all such costs, charges, damages and expenses, as they or any or either of them shall bear, sustain, expend or be put unto, by reason of the premises, or the Trusts thereof herein before declared, or the execution or management thereof, or in any wise touching or concerning the same. In witness, &c. An Assignment of a judgement, by an Executor, with good Covenants. TO all Christian People to whom this present Writing shall come, F. L. of, &c. Recital of the Assignors, being Executor, &c. Son and Executor of the last Will and Testament of K. L. late of, &c. his late Father, deceased, sendeth Greeting. Whereas in Easter Term, in the Year, &c. he the said H. L. obtained a judgement of 400 l. besides costs of svit, in the Court of Common Pleas at Westminster, against Sir P.F. late of, &c. now deceased, as by the Record thereof, remaining in the said Court of Common Pleas, relation being thereunto had, more at large it doth and may appear. And whereas since the obtaining of the said judgement, he the said H.L. is since deceased, having made his last Will and Testament in Writing, and thereof constituted and appointed the said F. L. his sole Executor, who hath made Probat of the same Will before a competent Ordinary, and taken upon him the Execution thereof, by force and virtue whereof the said F. L. is become rightfully and lawfully interested and entituledd in and to the said judgement of 400 l. and the whole benefit and profit thereof, as Executor to his said late Father. Now know ye, That the said F. L. for and in Consideration Consideration of 200 l. of lawful money of England, to him satisfied and paid, or secured to be satisfied and paid; and for divers other good Causes and Considerations him thereunto moving, Hath granted, Grant. assigned and set over, and by these presents doth grant, assign and set over unto N. K. his Executors, Administrators and Assigns, as well the said judgement of 400 l. as also the benefit, profit and advantage, sum and sums of money whatsoever, that the said F. L. may any ways have or claim, challenge or demand, or which hereafter shall be obtained or gotten, upon or by reason of the said judgement, or of any Execution, Extent, or Re-extent thereupon had, or to be had, sued, executed or obtained, and all the Estate, Right, Title, Interest and demand whatsoever, which he the said F.L. hath, or ought to have or claim, of, in or to the said judgement, or any Moneys, Lands, Tenements, or other things, which by virtue thereof, or of any process or proceedings thereupon are, or shall be recovered, obtained or gotten. And the said F. L. doth by these presents, Authority to sue as Attorney. make, ordain and appoint the said N.K. his true and lawful Attorney and Assignee for him and in his Name to take out Execution, upon the said judgement, or prosecute any Execution, Process or Extent already sued forth, or otherwise to compound and agree with the Heirs, Executors or Assigns of the said Sir P. F. or any other person or persons for the same, as to his said Attorney, his Executors or Assigns, shall be thought fit and convenient, and upon satisfaction given, or any other end, composition or agreement made concerning the premises, to aclowledge satisfaction, or to make and give any other release or discharge for the same. And the said F. L. doth by these presents give and grant unto his said Attorney, his Executors, Deputy and Assigns, his full power and authority for him, and in his name and stead to do, perform, execute and accomplish all and every such lawful act and acts, thing and things whatsoever, as his said Attorney shall think requisite and needful so to be done in and about the premises, Assig covenants ●o confirm what the Assignee acts in pursuance, &c. in as ample sort as he himself might do if he were personally present. And the said F. L. covenants for himself, his Executors and Administrators, to and with the said N. K. his Executors, Administrators and Assigns, by these presents, to ratify and confirm all that his said Attorney, Substitute, or Assigns shall lawfully do, or procure to be lawfully done in his name and stead, in and about the premises, at the costs and charges of his said Attorney, his Executors or Assigns. Covenant, That Assignor will not Release, nor prejudice his Assignment. And that at the sealing and delivery of these presents, the said judgement is and remaineth unpaid and unsatisfied: And that he the said F. L. or the said H. L. his late Father, have, nor hath at any time heretofore, released, discharged, or made voided the said judgement, nor that the said F. L. his Executors or Administrators, shall or will at any time hereafter, release, discharge, or make voided the said judgement or Sum of Money thereby recovered, or any part thereof, or any Execution or Extent thereupon, had or to be had, nor otherwise do or suffer to be done, any act or thing whatsoever, that shall or may be any ways prejudicial to the said judgement, or impeach the validity thereof, or any other lawful course that shall be had or prosecuted, upon or by reason of the same judgement, by the said N.K. his Executors or Assigns, unless it be at the Request, and by and with the Consent of the said N. K. his Executors or Assigns, first had in Writing, under his or their Hands and Seals, nor shall revoke or countermand any Power or Authority, Nor Revoke these presents. to him by these presents given and granted. And moreover, That it shall and may be lawful to and for the said N.K. his Executors and Administrators, to have and take, receive, detain and keep to him and to their own use and uses, all such benefit, sum and sums of money, as shall be had, taken or received, upon or by reason of the said judgement, or any Execution or Extent, without any account or other recompense thereof, or therefore, to be had or made in any wife. Assignor covenants upon Request, &c. to aclowledge satisfaction on the judgement. And further also, That the said F.L. his Executors and Administrators, shall and will at all times hereafter, being thereunto reasonably required, and at the costs and charges of the said N. K. his Executors, Administrators or Assigns, aclowledge satisfaction upon Record of the said judgement. And the said N. K. for himself, his Executors and Administrators, and every of them, doth covenant, grant and agree, Assignee covenants to rarefy Assignor against all Costs, &c. to and with the said F. L. his Executors and Administrators, and to and with every of them by these presents, That he the said N. K. his Heirs, Executors and Administrators, or some or one of them, shall and will at all times hereafter, save, defend and keep harmless and indemnified him the said F. L. his Executors and Administrators, and his and their Lands, Tenements, Goods and Chattels, and Hereditaments whatsoever, of and from all and all manner of costs and charges, svit, troubles and losses whatsoever, that shall or may happen to or against him the said F.L. his Executors and Administrators, or any of them, for or by reason of, concerning or relating to the said Debt, judgement, or any Execution, Prosecution, matter or thing to be had or taken forth by the said N. K. his Executors, Administrators or Assigns, or any of them, or by his, their, or any of their procurement, by colour or reason of the premises. And the said F. L. Covenents for further Assurances. for himself, his Executors and Administrators, doth covenant to and with the said N.K. his Executors, Administrators and Assigns, by these presents, That he the said F. L. his Executors, Administrators and Assigns, shall and will from time to time, and at all times hereafter, at and upon the lawful and reasonable Request of the said N. K. his Executors, Administrators or Assigns, to be made unto the said F. L. his Executors and Administrators, and at the proper costs and charges in the Law, of the said N. K. his Executors, Administrators and Assigns, make, do, aclowledge, execute, or cause or procure to be had, made, done, knowledged and executed, any other Letter or Letters of Attorney to the said N. K. his Executors or Administrators, to empower him and them to prosecute upon the said judgement, in like manner as the said F. L. hath hereby authorised the said N. K. to do, and with the like Covenants as are herein contained. And that he the said F. L. his Executors and Administrators shall from time to time, and at all times hereafter, do all and every such further, lawful and reasonable act and acts, thing and things, device and devices, conveyance and conveyances, and assurances in the Law whatsoever, for the further and better strengthening and corroborating of the Title of the said N. K. to the said judgement, as by the said N. K. his Executors, Administrators or Assigns, or his or their Counsel learned in the Law of the Realm, shall be reasonably devised, advised or required, so as for doing thereof the said F. L. his Executors or Administrators, be not compelled to travail from the place or places of his or their abode at the time of such Request made, and so as no such further Assignment or Act comprehend no further Warranty or Covenants than are in these presents contained. An Assigment of a Moiety of a Patent of a new Invention. THis Indenture made the, &c. day of, &c. Between R. R. of, &c. of the one part, and W.B. of, &c. and R.R. of, &c. and J. M. of, &c. of the other part, Whereas the said R.R. hath by his long study and expense invented the Art of spreading and casting of light, by a new and unusual Figure of foiled Glass, polished without grinding, with Pipes of Glass to hold Candles, never before known or used in any of his Majesties Dominions. Recital of the Patents. And whereas our aforesaid Sovereign Lord King Charles the Second, by his Letters Patents witnessed by himself at Westminster, and bearing the same Date with these presents, of his special Grace, certain knowledge, and mere Motion hath given and granted, and by the said Letters Patents for himself, his Heirs and Successors doth give and grant unto the said R. R. his Executors, Administrators and Assigns, Special Licence, full Power, sole privilege and Authority, That he the said R.R. his Executors, Administrators and Assigns, and every of them by themselves or their Deputy and Deputies, Servants and Agents, and such others as the said R. R. his Executors, Administrators or Asgns, shall at any time agree with from time to time, and at all times hereafter, during the Terms of years in the said Letters Patents expressed, shall and lawfully may use, exercise and enjoy a certain Invention of casting and spreading of Light by a polished Glass, which he the said R. R. by his great industry cost and labour hath found out, and attained in the said Letters Patents particularly mentioned and described, within any part or parts, place or places whatsoever, of in or belonging to the Kingdom of England, Dominion of Wales, &c. unto such manner, and according to such Rates, Allotments and Limitations, as to him the said R.R. his Executors, Administrators and Assigns or any of them, shall in their discretions seem most meet, And that he the said R. R. his Executors, Administrators and Assigns, shall and may have and enjoy the sole benefit, profit, commodity and advantage, from time to time coming, growing and arising by reason of the said Invention, during the Term of 14 years, from the day of the said Letters Patents next and immediately ensuing, and fully to be complete and ended, according to the Statute in that case made and provided, with a prohibition to all persons whatsoever, to use the said Invention or any part thereof other than the said R.R. his Agents Deputy or Assigns, As in and by the said Letters Patents bearing date as abovesaid, and enrolled in his Majesties high Court of Chancery, a Copy whereof is hereunto annexed, more fully and at large may appear. Now this Indenture witesseth, That the said R. R. in Consideration Consideration. that the said W. B. R. R. and J. M. have at their sole and proper Cost and Charge passed the said Letters Patents under the Broad Seal, and in Consideration that the said W. B. R. R. and J.M. have lent the said R.R. 100 l. of lawful money of England, to be repaid in manner and form, as in a certain Indenture of Articles bearing date with these presents, and made between the said parties to these presents is limited and appointed, and for divers other good causes and considerations him thereunto moving, Hath given, Grant. granted, assigned and set over, and by these presents doth clearly give, grant, assign and set over unto the said W.B. R. R. and J. M. their Executors and Administrators, and to and for the only use and behoof of them, their Executors and Administrators, one Moiety or half part of the aforesaid described Invention of casting and spreading of Light, and also all the Right, Title, Interest of the said R. R. of the said moiety or half part, in as full and ample manner and form to all intents, constructions and purposes, as he the said R. R. by virtue of the said Letters Patents, may or might have the same, if the said Assigment or Grant had never been made, for and during the Term of 14 years mentioned in the said Letters Patents. And the said R. R. doth further by these presents constitute, authorize, nominate and appoint the said W.B. R.R. and J. M. his Assignees, Deputies and Grantees of and for the one moiety of the said Invention, according to the power given to the aforesaid R. R. by the said Letters Patents, for the Term of 14 years mentioned in the said Letters Patents. And the said R. R. doth Covenant to and with the said W. B. J.B. The Grantor and Grantees shall be Joynt-partners. and J.M. that they and the said R.R. shall hereby become joynt-partners in executing and using the said Invention for the Term aforesaid, they the said W.B. R.R. and J. M. to have, take and receive one half part, or share of the whole clear profit and advantage whatsoever, that may or shall from henceforth in any way, sort or manner be made or raised, for or by reason of the new invention of casting and spreading of Light or otherwise, for or by reason thereof, as likewise one half part or share of the interest of the said Patent, the same being taken in the name of the said R.R. Notwithstanding, as for one moiety thereof, the same is agreed and declared to be in trust for the said parties, and the said R. R. to have and enjoy the other moiety thereof to his own use, and that the said R. R. his Executors and Administrators, at and upon every reasonable request of the said W. B. R. R. and J. M. Covenant for further assurance. their Executors and Administrators, shall and will do, seal and execute all and every thing and things, Act and Acts by the said W. B. R. R. and J. M. as their council shall device, for the better ensuring the one moiety of the interest of the said Patent hereby assigned to the said parties; and the said R. R. doth for himself his Executors and Administrators, covenant, promise and agree, to and with the said W. B. R. R. and J. M. That neither of the parties shall employ any Deputies without consent of the other. their Executors and Administrators, and the said W.B. R. R. and J. M. do for themselves their Executors and Administrators, covenant, promise and agree with the said R. R. his Executors and Administrators, and every of the said parties to these presents do mutually covenant, promise and agree, to and with each other to the same in manner and form following, that neither of the said parties to these presents, shall without the consent of the other first had and obtained, constitute, authorize or appoint any person or persons to be their Assigns, Deputies or Agents in trust for the making, or exercising the said Invention or any thing belonging thereunto, but that all such persons as shall be assigned, or deputed Agents or Servants in carrying on the said work, shall be assigned or deputed, and appointed by the consent of both parties, and that neither of the said parties to these presents, That neither party shall disspose of their interest without tender and refusal by the o-other. shall assign over their respective interest in the said Patent, or any part of it to any person or persons whatsoever, without a tender first made to the other of the said parties, and a refusal of that party to whom the tender is made, to give the party so being minded to dispose of his part, as much money and as great a Consideration as any other person shall really and bond fide proffer. An Assignment of a Lease of a Rectory and Lands for three Lives, with Warrant of attorney to Sue for arrearages of Rents, and other usual Covenants. THis Indenture made the, &c. day of, &c. in the 25 year of the reign of Charles the second, Recital of Lease. &c. Between R. W. of, &c. eldest Son of R. W. of, &c. the elder and M. his Wife, one of the Daughters of H. F. late of, &c. in the County of, &c. deceased of the one part, and J.B. of, &c. of the other part, witnesseth, That whereas the said H. F. deceased, by his Indenture of Demise and Lease lawfully executed, made between him the said H. F. by the name of H. F. of, &c. in the County of, &c. the elder Esquire of the one part, and the said M. F. by the name of M. F. of, &c. aforesaid Spinster, one of the Daughters of the said H.F. R.C. of, &c. and J.C. of, &c. in the said County Gent. of the other part bearing date the day of, &c. for and upon good Considerations in the said recited Indenture specified according to a power limited to him the said H. in and by certain Indentures bearing date, &c. Did demise, grant and to farm, let unto the said M. F. his Daughter, all the Rectory or Parsonage of Cuddington, alias Quiddington, alias weigh in the said County of Surrey; Together with all tithes, Oblations, Obventions, Profits, Commodities, Pensions, Portions and Appurtenances to the same Rectory or Parsonage belonging or appertaining, or as part, parcel or Member thereof, Leased, Occupied or Enjoyed, then or late in the Occupation of, &c. or his Assigns, To Have and to Hold the said Rectory or Parsonage, and the tithes, Oblations, Obventions, pensions, Portions, Profits, Commodities and Appurtenances thereunto belonging: And the said Closes with Appurtenances called, &c. unto the said M.F. the younger, her Heirs and Assigns for and during the several Lives of the said M.F. and J. R. and G. C. and of the longest liver of them, yielding and paying therefore yearly, all the several Lives of the said M.F. J. R. and G. C. to the said H.F. his Heirs and Assigns the yearly Rent or Sum of 3 l. of lawful money of England, at the Feasts of the Annunciation of Mary the Blessed Virgin, and St. Michael the Archangel, at or in, &c. As in and by the said Indenture of Lease, Relation being thereunto had, may more plainly and at large appear. And whereas the said M. F. after the making of the said first recited Indenture of Lease, intermarried with the said R. W. the elder, and is since dead leaving Issue the said R. W. the younger, her Son and Heir, without making of or consenting to any Assignment of the premises, or any part of them to any other, whereby all the Right and Title of her the said M. in and to the premises is come unto the said R.W. the younger, whereby he the said R. W. the younger, is become lawfully seized of all and singular the said premises for and during the several Lives of the said J. R. and G. C. and of the longer liver of them. Now this Indenture further witnesseth, That the said R.W. the younger, for and in Consideration Consideration: of the Sum of 200 l. of lawful money, &c. to him in hand paid by the said J. B. at and before the ensealing of these presents, whereof and wherewith the said R. W. doth hereby aclowledge himself well and truly satisfied and paid, and thereof and of every part and parcel thereof, doth clearly acquit, exonerte and discharge the said J. B. his Executors, Administrators and Assigns, and every them by these presents, Hath given, Grant. granted, bargained and sold, assigned and set over, and by these presents doth, &c. unto the said J. B. his Executors, Administrators and Assigns, The said Rectory and Parsonage of Cuddington, alias Quiddington, alias weigh in the said County of Surrey, Together with all tithes, Oblations, Obventions, Profits, Commodities, Pensions, Portions and Appurtenances to the same Rectory or Parsonage of, &c. belonging or appertaining, and also the said Closes, &c. in the said recited Indenture of Lease mentioned, to be demised to the said M. F. together with the said Indenture of Lease mentioned, and all the Estate, Right, Title, Interest, Power, Possibility, Claim and Demand whatsoever, which the said R. W. hath or ought to have, or can or may by any means ask, challenge or demand, of in or to the said Rectory or Parsonage, messsage, Tenement, Cottage, Lands, and other the premises before mentioned, or of or to any part thereof, and the Reversion and Reversions, and Remainder and Remainders, of all and every the said premises with the Appurtenances whatsoever, To Have and to Hold all and every the said Rectory or Parsonage, Habendum. messsage, Tenement, Cottage, Lands and all other the premises whatsoever, hereby granted, or meant or mentioned to be hereby granted, with all and singular their Appurtenances, and every part and parcel thereof, together with the said Indenture of Lease, and all the Estate, Right, Title, Interest, Power, Possibility, Claim and Demand whatsoever, which the said R. W. hath or ought to have, or can or may by any means ask, challenge or demand of, in or to the said Rectory or Parsonage, messsage, Tenement, Cottage, Lands, or other the premises, with the Appurtenances, or of, in or to any part thereof, and the Reversion and Reversions, Remainder and Remainders of all and every the said premises to the said J. B. his Executors, Administrators and Assigns, from the day of the date of these presents, unto the end of the Term, and for and during the whole term, time, and space of 99 years, if the afore-mentioned J. R. and G. C. or either of them so long live, under the Rents and Covenants in the said recited Indenture contained, Covenant, That Assignee shall perform the Covenants in the Lease. to be paid and performed to them that have or shall have the Reversion of the said premises, which Rents and Covenants, the said J. B. doth hereby covenant for himself, his Executors and Administrators, to pay, fulfil, perform and keep. And the said R.W. for himself, his Heirs, Executors, That Assigne● hath power to grant. Administrators and Assigns, doth covenant and grant to and with the said J.B. his Executors, Administrators and Assigns, and to and with every of them by these presents, That he the said R. W. now hath full power, and good and lawful Authority to grant and assign the said Rectory or Parsonage, messsage, Tenement, Cottage, Lands, and all other the said premises, with the appurtenaces, to the said J. B. his Executors, Administrators and Assigns, for and during all the Term hereby granted in manner and form aforesaid, notwithstanding any act or thing done by the said R. W. the younger, or M. F. Mother of the said R. And that he the said J. B. his Executors, Administrators and Assigns, shall and may at all times, during the Term hereby granted, and according to the true intent and meaning of these presents, peaceably and quietly have, hold, Covenant for quiet Enjoyment. occupy and enjoy all and every the said Rectory or Parsonage, messsage, Tenement, Cottage, Lands, and other the premises, with the appurtenances, without any manner of let, stop, svit, trouble, ejection, eviction, interruption or disturbance of the said R. W. his Heirs, Executors, Administrators or Assigns, or any of them, or of any other person or persons whatsoever, and also acquitted, exonerated, discharged, or otherwise well and sufficiently saved and kept harmless, of and from all manner of former and other Bargains, Gifts, Grants, Assignments, jointures, Dowers, Judgments, Executions, Forfeitures, and of and from all other Charges and encumbrances whatsoever, had, made, suffered or done, or hereafter to be had, made, suffered or done by the said R.W. his Heirs, Executors, Administrators and Assigns, or any of them, or by any other person or persons whatsoever. And the said R. W. for him, Covenant for further Assurance. his Heirs, Executors, Administrators and Assigns, doth covenant and grant to and with the said J. B. his Executors, Administrators and Assigns, and to and with every of them by these presents, That he the said R. W. shall and will at all times hereafter, and from time to time during the Natural life of the said R. W. at the reasonable request, costs and charges in the Law, of the said J.B. his Executors, Administrators or Assigns, do, make, knowledge and execute, or cause to be made, done, knowledged and executed, all and every such further act and acts, thing and things, Conveyance and Conveyances, Assurance and Assurances in the Law whatsoever, for the further assurance, surety, sure-making and conveying of all and every the said Rectory or Parsonage, messsage, Tenement, Cottage, Lands, and other the premises before-mentioned, with the appurtenances, and every part thereof, to the said J.B. his Executors, Administrators and Assigns, for and during all the Term hereby granted, as by the said J. B. his Executors, Administrators and Assigns, or any of them, or his or their Counsel learned, shall be reasonably devised, advised and required. And further, the said R.W. the younger, for the Consideration aforesaid, hath bargained and sold, and by these presents doth bargain and sell unto the said J. B. his Executors, Administrators and Assigns, all and singular the arrears of Rent, Assignor grants arrearages of Rents. Tithes and Profits of the said Rectory, Parsonage and premises, which are or shall grow due and payable to the said R. W. And whereas the Tithes, Obventions, Oblations, Profits, Commodities, Portions and Pensions, belonging to the said Rectory or Parsonage, have for years last past been subtracted, detained and not paid to the said R.W. the younger, to whom of right they did belong, and all or most part of them have been received by one H. F. or his Agents; the said R. W. hath made, ordained, constituted and authorised, and by these presents doth make, ordain, constitute and appoint the said J. B. his Executors and Assigns, to be his true and lawful Attorney and Attorneys; and the said R.W. doth by these presents give and grant unto the said J. B. his Executors and Assigns, Authority to sue for Arrears of Rent in the Grantor's Name, and that Grantor will not discontinue or be Nonsuited, &c. full power and authority, for or in the Name or Names of the said R. W. his Executors and Assigns, Nevertheless to the only use and behoof of the said J. B. his Executors and Assigns, to demand, make, levy, recover and receive of the said H.F. or any other person or persons, or their respective Heirs, Executors, Administrators and Assigns, or of any of them respectively, all Arrears of Rent due for the premises, or any part thereof, to the said R.W.: And all Arrears of Tithes, Obventions, Oblations, Profits, Portions, Pensions, Commodities, Duties and Appurtenances belonging to the said Rectory, or part or parcel thereof, which have been detained, subtracted or received by them, or any of them, and which are Arrears owing, due and payable, or which ought to have been paid to the said R. W. and to use all ways and means for recovery thereof in Law or Equity; and the same so recovered, to take, detain and keep, to the only use and behoof of the said J. B. his Executors and Assigns, without any account to be rendered, ratifying, allowing and confirming all and whatsoever the said J. B. his Executors or Assigns, or any of them, shall do, or cause to be done, in or about the premises, by virtue of these presents. And the said R.W. for himself, his Executors and Administrators, doth further Covenant with the said J. B. his Executors and Administrators, not to revoke, disallow, discontinue, deny or be non-suited in, or otherwise to do any thing that may be hurtful, prejudicial, or any bar or let therein, or thereunto by any means whatsoever. In witness, &c. An Assignment of a Lease of Tithes to two persons, in Trust, for a Provision for a younger Son, THis Indenture made the day of, &c. Between E. M. Recital. of, &c. Esq; of the one part, J.J. of, &c. F. F. of, &c. and J.M. youngest Son of the said E.M. of the other part. Whereas A.W. was in his life-time lawfully seized in his Demesne as of Fee, of and in divers Tithes, as well great as small, issuing out of divers Lands in L. in the County of Y. hereafter in these presents particularly mentioned, viz. out of all that Field called, &c. ( So recite all the particulars;) And being so seized, by his Indenture of Lease, bearing date, &c. for the Considerations therein mentioned, Did grant, bargain and sell unto the said E. M. his Executors, Administrators and Assigns, all the said Tithes by the name of, &c. all those his Tithes as well great as small, Fruits, Emoluments and Profits whatsoever, coming, growing, arising or renewing in L. aforesaid, in the said County of Y. which sometime heretofore did belong or appertain unto the Priory of D. in the said County of Y. Together with all and singular yearly Rent and Rents whatsoever, reserved, due or payable in, by or upon any Demise or Lease, Demises or Leases made of the premises, or of any part thereof; To Have and to Hold all and singular the said Tithes, Fruits, Emoluments and Profits, and all and singular other the premises, and every part and parcel thereof, unto the said E.M. his Executors, Administrators and Assigns, from the day of the Date of the said recited Indenture, for, during and unto the full end and Term of 1000 years from thence next ensuing, and fully to be complete and ended, as in and by the said recited Indenture, relation being thereunto had amongst other Covenants, more fully at large it doth and may appear. Now this Indenture witnesseth, That the said E. M. for the Fatherly Care which he beareth to the said J.M. his Son, Consideration. and for the future Maintenance of the said J.M. and to the intent and purpose that the said Tithes, Fruits, Emoluments and premises may be and continue for that use, intent and purpose, Hath given, granted, Grant. assigned and set-over, and by these presents Doth fully, freely and absolutely, give, grant, assign and set-over unto the said J. J. and F. F. as well the said Indenture of Grant, Bargain and Sale, as also all and singular the before-mentioned Tithes, Fruits, Emoluments and Profits, with their appurtenances, and all the Estate, Right, Title and Interest of him the said E. M. of, in and to the same, and the Reversion and Reversions of thereof, and of every part thereof; To Have, Habendum. Hold and enjoy the said Tithes, Fruits, Emoluments and Profits, and all other the premises, with their and every of their appurtenances, unto the said J.J. and F.F. their Executors, Administrators and Assigns, from henceforth, for and during all the rest and residue of the said Term of 1000 years yet to come and unexpired in the said recited Indenture of Lease, and for and during all the Estate and Estates, Term and Terms for years, which he the said E. M. now hath to come in the said premises, in as large, ample and beneficial manner and form, to all intents, constructions and purposes, as he the said E. M. or any claiming under him, may, might or could have, The Trusts. hold and enjoy the same. Yet nevertheless, upon special Trust and Confidence, and to the only intent and purpose, That they the said J. J. and F. F. and the survivor of them, and the Executors, Administrators and Assigns, of the survivor of them, shall and will permit and suffer the aforesaid Tithes, Fruits, Emoluments and Profits, In Trust for the Son. and all the Estate, Term and Time therein hereby granted, to be and continue to and for the only benefit, use and behoof of the said J. M. and his Assigns: And that in case A. Mother of the said J. M. shall survive the said E.M. That then she may dispose of the Profits of the said premises, Education by the Mother. for the nurture, education and maintenance of the said J. M. until he shall be of competent Age, to manage, use and dispose of the said premises for his own maintenance, use and benefit: And that then he may so do, act and enjoy the Rents, Issues and Profits of the same, without the let, hindrance or contradiction of them the said J. J. and F. F. for either of them, or of any person or persons whatsoever, lawfully claiming, or which hereafter shall or may lawfully claim the same premises, or any part thereof, or any interest in the same, or any part thereof, by, from or under them the said J. J. and F. F. or either of them, their or either of their Executors, Trustees covenant to perform the Trusts. Administrators and Assigns, or any of them. And the said J. F. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, Doth covenant, promise and grant to and with the said E. M. his Heirs, Executors, Administrators and Assigns, and to and with every of them by these presents, That he the said J.J. for his part, his Heirs, Executors, Administrators and Assigns, and every of them, shall and will at all time and times hereafter, during the residue and remainder of the said Term of 1000 years, employ, permit and suffer the said Tithes, Fruits, Emoluments and Profits, with their appurtenances, and all and every the premises hereby given, granted and assigned, to be employed, had and taken, and to continue to and for the use and uses by these presents appointed, limited, intended and declared, without any let, svit, trouble, molestation, denial or contradiction of him the said J. J. his Executors, Administrators or Assigns, or of any of them, or of any other person or persons whatsoever, lawfully claiming, or which shall or may lawfully claim the same premises hereby granted, or any part thereof, by, from or under them, or any of them.( The like Covenant verbatim from F.F.) In witness whereof, &c. A good Assignment by a Surviving Administratrix of a Mortagage for years forfeited. THis Indenture made, &c. Between J. D. of, &c. Esquire, and Dorothea his Wife, the last Surviving Administratrix of the Goods and Chattels of S. W. late of, &c. Gentleman deceased, of the one part, and L. K. of, &c. Doctor in physic of the other part. Recital of the Mortgage. Whereas N. N. of, &c. by his Indenture of Lease made between him the said N. N. of the one part, and the aforesaid S.W. of the other part, bearing date the 〈◇〉 day of in the 〈◇〉 year of our Lord, &c. for and in Consideration of 200 l. of lawful money of England, therein mentioned to be paid by the said S. W. to the said N. N. Did Demise, Grant, Set and to Farm, Let unto the said S. W. his Executors, Administrators and Assigns, All that capital messsage or Tenement situate lying and being in S. in the County of N. and all those Closes or Parcels of Lands, Arable, Meadow or Pasture in S. aforesaid, or in the Precincts, Limits or Territories of the same, containing in the whole by estimation 〈◇〉 Acres, be the same more or less, now in the tenor or Occupation of, &c. Together with all Houses, Outhouses, Habendum. &c. To Have and to Hold the said premises and every part thereof, unto the said S. W. his Executors, Administrators and Assigns, from the day of the date of the same Indenture, for, during and unto the full end and Term of 1000 years from thence next following, fully to be complete and ended. Yielding therefore yearly during the said Term unto the said N. N. his Heirs and Assigns, one Pepper corn yearly upon the Feast day of St. Michael the Archangel, if the same be lawfully demanded, with divers other Covenants, Clauses and Agreements on the part and behalf of the said N. N. to be done and performed, and with Proviso for Redemption of the same Lease and premises, in these words or to this effect following, ( viz.) Provided always, Proviso. &c.( and so recite the Proviso verbatim,) As in and by the same Indenture, relation being thereunto had more fully and at large it doth and may appear: By virtue of which said Lease the said S. W. became lawfully interested of and in the said Demised premises for the Term aforesaid redeemable as aforesaid, and dyed thereof so interested intestate, upon and after whose decease Letters of Administration were granted, and committed by the Ordinary in that behalf of all the Goods and Chattels which were of the aforesaid S. W. at the time of his decease, to A. S. J. Wife of T. D. of, &c. and to the said Dorothea Wife of the said J.D. party to these presents, By virtue whereof the said A. S. in his own right, and the said T. D. and T.D. and their said Wives in their Wives Right became interested of and in all the said Demised premises, for the rest and residue of the said Term of 1000 years, then to come and unexpired redeemable as aforesaid. And they being so interested, the said N.N. afterwards made default of payment of the moneys, to have been paid for the Redemption of the said Premises, according to the Proviso for that purpose in the said Indenture of Demise mentioned. Whereupon the said Indenture of Demise became absolute, without any Condition of Redemption of the premises. And whereas the said A. S. and J. Wife of the said T. D. are since dead, and the aforesaid Dorothea is the last Surviving of all the said three Administrators, by reason of which Surviving, the said T. D. and Dorothea his Wife, in the right of the said Dorothea are become wholly and solely interested, of and in the aforesaid Indentures of Demise or Lease, and the said demised premises therein granted, for all the rest and residue of the said Term of 1000 years yet to come and unexpired. Now this Indenture witnesseth, That the said T. D. and Dorothea his Wife, Surviving Administratrix as aforesaid, for and in Consideration Considerations of the Sum of, &c. of lawful money of England to them in hand paid, at or before the ensealing and delivery of these presents, the Receipt whereof they do hereby aclowledge, and thereof and of every part and parcel thereof, do hereby acquit, exonerate and discharge the said L. K. his Executors, Administrators and Assigns, and every of them by these presents have granted, Grant. assigned and set over, and by these presents do grant, assign and set over unto the said L. K his Executors, Administrators and Assigns, as well the said recited Indenture of Demise or Lease, as also all and singular the premises, in and by the same Indenture demised, and all the Estate, Right, Title, Interest, Use, Claim, Possession, Property and Demand of them the said T. D. and Dorothea his Wife, and of either of them, of, in and to the same premises, by virtue of the said recited Indenture of Demise or otherwise howsoever, Habendum. To Have and to Hold the same and every part thereof, to the said L. K. his Executors, Administrators and Assigns, for and during all the rest and residue of the said Term of 1000 years yet to come and unexpired, Reddendum. Paying the Rent in the said Indenture of Demise mentioned, and reserved to be paid during the said Term, Good Covenant that Assignee shall indemnify Assignor against the Mortgagor. if it shall be lawfully demanded. And the said L. K. for himself his Heirs, Executors and Administrators, and for every of them doth Covenant, Promise and Grant to and with the said T. D. and Dorothea his Wife, and either of them, their and either of their Executors and Administrators, and to and with every of them, That the said L. K. his Heirs, Executors and Administrators or some of them, shall and will from time to time, and at all times hereafter well and sufficiently save and keep harmless and indemnified the said T. D. and Dorothea his Wife, and either of them, their and either of their Heirs, Executors and Administrators, and every of them against the said N. N. his Heirs, Executors, Administrators and Assigns, and every of them, and every other person and persons having and claiming, or which shall or may have or claim to have any Right, Title, Interest, Use, Claim and Demand either in Law or Equity, of, in or to all or any of the said herein before recited, demised and assigned premises, or of, in or to any part thereof. And also shall and will from time to time, and at all times hereafter pay and discharge all and every Sum and Sums of money, Damages, Charges and Costs whatsoever, which they the said T. D. and Dorothea or either of them, their or either of their Executors and Administrators, or any or either of them, shall be put unto or occasioned to pay for or by reason of any Action, svit, or other trouble hereafter to be had and brought against them, or any or either of them, or to be suffered by them or any or either of them, for or concerning or touching this present dead of Assignment, or the conveying and assigning the said recited demised premises, unto him the said L. K. his Executors, Administrators and Assigns. In witness, &c. An Assignment of a Statute, Staple, with proper Covenants. THis Indenture made the, &c. day of, &c. Between N. O. of, &c. Esquire of the one part, Recital of the recognisance or Statute Staple. and R.S. of, &c. of the other part. Whereas E. F. of, &c. on the 〈◇〉 day of, &c. by the name of, &c. did enter into and aclowledge one Obligation or recognisance, according to the Statute made in the 23d year of the Reign of King Henry the eighth, before S. W. in the nature and of the force of a Statute of the Staple, of and for 500 l. of good and lawful money of England to him the said N. O. As by the same Obligation or recognisance may more at large appear. Now this Indenture witnesseth, That the said N. O. for divers good and valuable Considerations him thereunto moving, Grant. Hath Bargained, Sold, Assigned and Confirmed, and by these presents doth Bargain, Sell and Assign unto the said R. S. his Executors, Administrators and Assigns, the said Obligation or recognisance, and all the said Sum of money therein mentioned, and all and every Sum and Sums of money thereby or thereupon due or owing, and all the Benefit, Use, Trust, Equity, Profit and Advantage, which the said N. O. hath or ought to have, receive or enjoy in Law or Equity therein or thereby. And for the better obtaining the said Moneys as occasion shall and may require, The said N.O. for the Considerations aforesaid, doth hereby make, constitute and appoint the said R. S. his true and lawful attorney, in his name to extend or sue out any Writ or Writs of Execucution, upon the said Obligation or recognisance, upon or against the said E. F. his Heirs, Executors and Administrators, or any of his or their Lands, Tenements, Goods, Chattels and Hereditaments, any ways liable and subject thereto. And the said N.O. for the Considerations aforesaid, Doth hereby for himself, his Heirs, Executors and Adminstrators, Covenant, promise and grant, That Assignee shall enjoy to his own use, what he recovers by virtue of this Assignment. to and with the said R.S. his Executors and Administrators, That all and whatsoever Sum and Sums of money he the said R.S. his Executors, Administrators and Assigns, shall or may lawfully obtain, get in, or receive by virtue or means of any Extent or Execution, or of any Composition or otherwise, upon or by force of the said Obligation or recognisance, he the said R. S. his Executors and Administrators, shall and may for ever retain and enjoy the same to his or their own use or benefit, without any account or demand thereof or therefore, by or from the said. N. O. his Executors and Administrators. And further, The said N.O. for himself, his Heirs, Executors and Administrators, Doth covenant, promise and grant, to and with the said R.S. his Executors and Administrators, by these presents, in manner and form following; That is to say, That from and at any time, That upon any Extent taken out and executed in the Name of Assignor, Assignor will convey the Lands, &c. extended to the Assignee. and every time after any the Lands, Tenements and Hereditaments of the said E.F. shall be extended, or delivered in extent or execution upon the said Obligation or recognisance, or by any Process thereupon to be sued in the Name of the said N.O. he the said N. O. shall and will, at the request, costs and charges of the said R.S. his Executors and Administrators, make, do, suffer, sign, seal and execute all and every lawful and reasonable deeds, acts, matters and things, for the assigning and setting over unto the said N. S. his Executors and Administrators, for his and their own use and benefit, or to such person or persons as he or they shall name, all such Lands, Tenements and Hereditaments, and all his Estate therein, as shall happen from time to time, or at any time hereafter, to be extended, taken or delivered in Execution, upon or by virtue of the said Obligation or recognisance, or of these presents, To Have and to hold the same during the continuance of any such Extent or Execution. That Assignor hath not, nor will not release or discharge the recognisance, nor these presents revoke, &c. And further, That the said N. O. hath not at any time heretofore released, discharged or assigned, the said Obligation or recognisance, or the benefit thereof, nor shall and will hereafter at any time release and discharge the same, or revoke or make voided this present Letter of Attorney, or any power or authority therein or thereby given or granted, or do, permit or suffer any act, matter or thing, whereby the same recognisance or these presents shall or may become frustrate and voided, without the consent of the said R. S. his Executors or Administrators first had and obtained in Writing under his or their respective Hands and Seals. And lastly, That the said N. O. shall and will from time to time, and as often as he shall be thereto required, at the costs and charges of the said R. S. his Executors and Administrators, But will avow all Actions, &c. brought by Assignee. avow and justify all lawful Suits, Actions, Extents and other Legal process and acts that shall or may be brought, had or prosecuted upon the said Obligation or recognisance, and shall and will neither release or discharge any of them, nor enter a Non vult ulterius prosequi, or any other thing, shall permit, do, or suffer to defeat or frustrate the same, without the consent of the said R. S. his Executors or Administrators first had and obtained in Writing therefore. That Assignee will rarefy Assignor against all Charges, Damages, &c. And he the said R.S. for himself, his Executors and Administrators, doth hereby covenant, promise and agree to and with the said N.O. That he the said R. S. shall and will at all times hereafter, acquit and discharge, or otherwise save harmless and keep indemnified the said N. O. his Executors and Administrators, of and from all costs, charges and damages, which they or any of them incur, pay, suffer, or be put unto, for or by reason of any Process, Prosecution, or other act or thing by him the said R. S. his Executors or Administrators, done or suffered, upon or by reason of the said Obligation or recognisance, in the Name of the said N.O. or otherwise, by virtue of these presents. In witness, &c. An Assignment of a Bond by Indenture, with Covenants on each part. THis Indenture made, &c. Between Sir T. B. of, &c. Baronet, of the one part, and W.T. of, &c. Esq; of the other part, Witnesseth, That the said Sir T. B. for divers good Causes and Considerations him thereunto moving, Hath given, granted and assigned, and by these presents Doth give, grant an assign unto the said W. T. Grant. his Executors and Administrators, a certain Obligation under Seal, whereby C. M. of, &c. and J.D. of, &c. are, became and stand bound and indebted unto the said Sir T. B. in the Penal Sum of 1200 l. Conditioned for payment of 600 l. of lawful money of England, on the day of, &c. which was in the Year of our Lord, &c. As by the said Obligation bearing date the 〈◇〉 day of, &c. Annoque Dom', &c. relation being thereunto had, may appear. And these presents further witness, That the said Sir T. B. Authority to Sue. hath and doth hereby constitute, ordain, make, authorize and appoint the said W. T. his true and lawful Attorney, in his Name, but to his own use and benefit, to sue and prosecute the said Obligation in any proper Court, against all and every, or any the persons liable thereto, their Lands or Goods, and the moneys obtained by such svit, or otherwise, by virtue of or upon the said Obligation, to retain and keep for his own use and benefit. Covenant, That Assignor will not Release, &c. but make further assurance on request. And lastly, The said Sir T. B. doth by these presents covenant, promise and grant, to and with the said W.T. that he will not at any time release or discharge the said Obligation, or Revoke, alter or disannul these presents, or the authority hereby given, and that he shall and will at all times hereafter, upon request one charges of the said W. T. make, do and suffer, all and every further and other reasonable act and thing, for the further and better securing the said Obligation, and the benefit thereof, and the moneys thereby due or to arise to the said W. T. Assignee covenants to rarefy Assignor against Damages, &c. his Executors or Administrators. And the said W. T. for himself, his Executors and Administrators, Doth covenant and promise to and with the said Sir T.B. his Executors and Administrators, That he the said W. T. his Executors and Administrators, shall and will at all times hereafter save and keep harmless and indemnified the said Sir T. B. his Lands and Goods, of and from all costs, charges, losses and damages which may any wise happen, by reason of using his the said Sir T. B's Name, in any process, prosecution, or other thing, of, upon or by reason of the said Obligation. And also, That he the said W. S. his Executors and Administrators, shall and will discharge the said Sir T. B. his Executors and Administrators, of so much of a certain Debt of, &c. now due and secured unto the said W.T. by the said Sir T.B. his Obligation, as the moneys arising or to be obtained by the said W.T. his Executors or Administrators, by the Obligation hereby granted, shall amount unto, clear of all costs and charges in the prosecution thereof. In witness whereof, &c. An Assignment of a Chamber in Grays-Inn. THis Indenture made the, &c. Between A. B. of, &c. of the one part, and C. D. of Grays-Inn in the County of Middlesex Esq; of the other part: Whereas by Pension Order made and dated at Grays-Inn in the said County of Middlesex, on the 〈◇〉 day of, &c. which was in the 26th year of the Reign of our Sovereign Lord King Charles the Second, &c. Annoque Dom', &c. The Benchers of the said Society of Grays-Inn, according to the Custom of the said Society, Did Order, That the said A. B. should have a Lease of his Ground-Chamber, at the West-end of H. Court, then in his possession, for the Term of 21 years, to commence at Lady-day then next ensuing, under the yearly Rent of, &c. as by the said Order may more at large appear. Now this Indenture witnesseth, That the said A.B. for and in Consideration of the Sum of, &c. of lawful money of England, to him in hand paid before the ensealing and delivery hereof, the Receipt whereof He doth hereby aclowledge, hath granted, bargained, sold and assigned, and by these presents, Doth grant, Grant. bargain, sell and assign to the said C. D. his Executors, Administrators and Assigns: All that the said Chamber, being a Corner Ground-Chamber in the West-end of the said H. Court, now in the occupation of the said C. D. and the said Order of Pension, and all the Estate, Right, Title, Interest, Property, Claim and Demand whatsoever, of him the said A.B. of, in and to the same, and all the Goods and Chattels of him the said A. B. now being fixed in the same Chamber, or any part thereof: Habendum. To Have and to Hold the said Chamber, with the appurtenances, to the said C. D. his Executors, Administrators and Assigns, from henceforth, for and during all the rest and residue of One and twenty years therein yet to come and unexpired; and, To Have and to Hold the Goods and Chattels therein fixed, and being from henceforth for ever to the only use and benefit of the said C. D. his Executors, Administrators and Assigns. Covenant, That he hath power to Grant, and that premises are free from arrears of Rent, &c. And the said A. B. Doth by these presents, for himself, his Executors and Administrators, covenant, promise and agree to and with the said C. D. his Executors, Administrators and Assigns, That he the said A. B. hath good right, power and authority, to grant and assign the said Chamber, Goods and premises, in manner herein before expressed, and that the same are clear and free of all, and all other former Gifts, Grants, Assignments, Executions, Forfeitures, encumbrances, Arrears of Rent and Hearth-money, and other Duties, Pensions and Payments to the said Society of Grays-Inn, or any the Officers or Ministers thereof. For further Assurance. And that he the said A. B. his Executors and Administrators, shall and will within five years next, at the reasonable request and charges of the said C. D. make and execute such further acts and assurances, for the better assuring the said Chamber and premises to the said C.D. as by him the said C. D. or his Counsel shall be reasonably devised, advised or required. In witness, &c. An Assignment of a Mortgage for Years forfeited; the Mortgagor made a party and confirming the Assignment with a further Proviso for Redemption by Assignor. THis Indenture Tripartite, made the, &c. day of, &c. Between H. B. of, &c. in the County of G. on the first part, J. H. of B. in the County of, &c. Gent. Executor of the last Will and Testament of T. H. of, &c. deceased, on the second part, and N. B. of, &c. in the County of Middlesex, on the third part. Whereas the said H.B. by his Indenture bearing date the, &c. Recital of the Mortgage. day of, &c. for the Consideration therein mentioned, Did demise, grant, bargain and sell unto the said T. H. All that piece of Pasture ground, containing by estimation 36 Acres or thereabouts, commonly called or known by the name of K. and all those two pieces of Land or Pasture adjoining thereunto, containing 40 Acres or thereabouts, commonly called or known by the Name of L. All which said Lands and premises are situate, lying and being within the Parish of N. in the said County of G. and all and singular Hedges, Ditches, Mounds, Fences, Free-board, Hedg-trees, Ways, Passages, Waters and Water-courses whatsoever, to the said Lands or any part thereof, in any wise belonging or appertaining, lying and being within the aforesaid Parish of N. in the said County of, &c. or accepted, reputed, taken or known, as part or parcel of them, or any of them, or as unto them or any of them belonging: And the Reversion and Reversions, Remainder and Remainders, together with the yearly and other Rents, Revenues and Profits of the premises, and every part and parcel thereof, To Have and to hold the said Lands, Tenements, Hereditaments and premises, unto the said T. H. his Executors, Administrators and Assigns, for and during the Term of 500 years, from thence next ensuing, without Impeachment of or for any manner of Waste; Yielding and paying therefore yearly one Pepper-corn only at the Feast-day of St. Michael the Archangel, if the same should be lawfully demanded. In which Indenture there is a Proviso or Condition to this effect, ( viz.) Provided always, The Proviso. and upon Condition, That if he the said H. B. his Heirs or Assigns, or any of them, did or should well and truly pay, or cause to be paid unto the said T.H. his Executors, Administrators or Assigns, the full and just Sum of 530 l. of good and lawful money of England, in manner and form as therein is expressed; That is to say, The Sum of 15 l.( part thereof) upon the first day of January next ensuing after the Date of the said Indenture, and the Sum of 515 l.( residue thereof) upon the first day of July, in the Year of our Lord God, &c. both the said payments to be made in the Common Dining-Hall of Grays-Inn, in the County of Middlesex, without any defalcation or abatement to be made out of the said Sums, or either of them, for Taxes, or for any other cause, matter or thing whatsoever, that then the said Indenture, and the Estate thereby made, should cease, determine, and be utterly voided, any thing therein contained to the contrary in any wise notwithstanding, as in and by the said Indenture, and the Proviso therein contained( relation being thereunto had) more at large may appear. And whereas default was made in payment of the said Sums of 530 l. at the days and place in the said Proviso mentioned, so as the Estate and Term for 500 years, of and in the said parcels of Ground, Lands and premises became absolute unto the said T. H. And whereas also the said T. H. did afterwards make his last Will and Testament, and did constitute and appoint the said J.H. sole Executor thereof, and shortly after died. Now this Indenture witnesseth, Consideration of Principal and Interest due. That for and in Consideration of the Sum of, &c. of good and lawful money of England,( being the full money, Principal and Interest, now due upon the said Lease and Estate to the said J. H.) and of 5 s. of like lawful money to the said H. B. well and truly in hand paid by the said W. B. before the sealing and delivery of these presents, the receipt of which said several Sums they do hereby respectively aclowledge, and thereof do acquit and discharge the said W.B. And for other good Considerations them thereunto moving, the said J.H. by and with the direction and appointment of the said H. B. testified by his being made a party hereunto, and his sealing and delivery hereof, Hath bargained, sold, aliened, Grant and Assignment. assigned and set over, and by these presents doth bargain, sell, alien, assign and set over unto the said W. B. all and singular these before-mentioned parcels of Land Meadow or Pasture ground, Lands, Tenements and Hereditaments, in and by the said recited Indenture, intended to be demised and granted to the said T. H. deceased, his Executors and Administrators, with their and every of their appurtenances, and all the Estate, Right, Title, Interest, Term for years, claim and demand whatsoever of him the said J.H. by force and virtue of the said recited Indenture, as Executor to the said T. H. or otherwise howsoever together within the said Indenture. And the Reversion and Reversions, Remainder and Remainders of the said premises, and all yearly and other Rents and Profits reserved upon any demise made of the said premises, or of any of them, Habendum. To have and to hold the said parcels of Ground, Lands, Tenements and Hereditaments before-mentioned and intended to be hereby assigned, with their and every of their appurtenances, together with the said Indenture, unto the said W. B. his Executors and Administrators, for and during all the residue and remainder of the said Term of 500 years, in and by the said recited Indenture mentioned to be granted, yet to come and unexpired, in as full, ample and beneficial manner, to all intents and purposes, as he the said J.H. might have enjoyed the same by force and virtue of the said recited Indenture, as Executor to the said T.H. or otherwise. That Grantor nor Testator, have done any act to encumber the premises. And the said J. H. for himself, his Heirs, Executors and Administrators, doth covenant and grant to and with the said W. B. his Executors and Administrators, by these presents, that neither the said T. H. during his life, nor he the said J. H. since his death, or either of them respectively, did or hath at any time heretofore committed, suffered or done any act, matter or thing whatsoever, whereby the said premises, or any of them, are or may be impeached or encumbered, in Title, Charge, Estate or otherwise howsoever. And the said H. B. for the Considerations aforesaid, Confirmation of the Assignment for the residue of the Term by the Mortgagor. hath ratified and confirmed, and by these presents, doth ratify and confirm unto the said W.B. all those the before-mentioned and intended to be hereby assigned Lands, Grounds, and premises, with their and every of their appurtenances; To have and to hold unto the said W.B. his Executors and Administrators, during the residue of the said Term of 500 years, hereby assigned, yet to come and unexpired, discharged of the said Proviso or Condition, and of all equitable right and interest from Redemption of the same in Law or Equity. Provided always, Proviso. and it is the true intent and meaning of these presents, And the said W. B. for himself, his Executors and Administrators, doth covenant and grant to and with the said H. B. his Heirs and Assigns, by these presents, That if he the said H. B. his Heirs, Executors or Administrators, or any of them, shall well and truly pay or cause to be paid unto the said W. B. his Executors or Administrators, the full and just Sum of 530 l. of good and lawful money of England, in manner following;( That is to say,) 15 l. part thereof, on the, &c. day of, &c. which shall be in the Year of our Lord God, &c. and 515 l. residue thereof, on the, &c. day of, &c. then next following; both the said payments to be made in the Common Dining-Hall of Grays-Inn, in the County of Middlesex, without any defalcation for Taxes, or for any other cause or thing whatsoever, Then he the said W. B. his Executors or Administrators, shall and will assign, transfer and set over unto the said H. B. his Heirs or Assigns, or to such other person or persons as he or they shall appoint, All those the said parcels of Ground, Lands and premises before-mentioned, and intended to be hereby assigned, with their appurtenances, and all his Estate, Right, Title and Interest, in and to the same, discharged of all encumbrances by him, or by any person or persons, claiming or to claim from, by or under him done or suffered in the mean time. And the said H. B. for himself, his Heirs, Executors and Administrators, Covenant, That Assignor will pay the money. doth covenant and grant to and with the said W. B. his Executors and Administrators by these presents, That he the said H. B. his Heirs, Executors or Administrators, or some of them, shall and will well and truly pay, or cause to be paid unto the said W. B. his Executors or Administrators, the said Sum of 530 l. and every part thereof, at the day and place in the Proviso or Covenant before-mentioned, limited for payment of the same, without any defalcation or abatement for Taxes, or for other cause or thing whatsoever, according to the true intent and meaning of the same Covenant, and in discharge thereof, without fraud or covin. That the Lease shall continue in force till the end of the Term. And also, That the said recited Indenture of Lease, for the residue of the Term hereby assigned, now is, and from and after the executing of these presents, shall be and continue a good and effectual Lease and Estate in Law, not forfeited, surrendered or otherwise avoided. For quiet Enjoyment. And that he the said W. B. his Executors, Administrators or Assigns, shall and may hold and enjoy the same without the let, trouble or disturbance of them the said H.B. or J. H. or of either of them respectively, or of any other person or persons whatsoever, freed and discharged of all encumbrances whatsoever, by them or either of them, respectively done in the mean time. And also, That the said J. H. now hath good right, full power and authority to grant and assign the same, and every part thereof, in manner aforesaid, according to the true intent and meaning of these presents. And further, After default of payment, Assignee to take the Profits. That if any default shall happen to be made in payment of the said 530 l. or any part thereof, contrary to the Tenor of the above-mentioned Proviso or Covenant in that behalf, that then and from thenceforth he the said W.B. his Executors or Administrators, shall and may hold and enjoy the said Lands and premises before-mentioned, and intended to be hereby assigned, and receive and take the Rents and Profits thereof to his and their own use, during the residue of the Term hereby assigned, without the let or disturbance of the said H. B. and J. H. or of either of them respectively, or of any other person or persons whatsoever. And likewise, For further assurance after breach of Proviso. That if any default shall happen to be made in payment of the said Sum, or of any part, contrary to the Tenor of the same Proviso or Covenant in that behalf, that then and from thenceforth he the said H. B. and the said J. H. their Heirs, Executors or Administrators, and all person and persons claiming the premises, or any Estate or Interest, in or to the same, shall and will at the request and charges of the said W. B. his Executors, Administrators or Assigns, make and execute such act or acts, for the strengthening and making absolute of the remainder of the Term hereby assigned to the said W. B. his Executors and Administrators, and discharged of the said Proviso or Covenant, as by the said W. B. his Executors or Administrators, or by his or their Counsel Learned shall be reasonably devised or required. And lastly, It is declared, concluded and agreed, Assignor to take Profits till Breach. by and between the said parties to these presents, That he the said H. B. his Heirs or Assigns, shall and may hold and enjoy the said premises, until default in payment of the said Sum of 530 l. or some part thereof, at the days and place in and by these presents before limited for the payment of the same, without the let, trouble or disturbance of the said W. B. his Executors or Administrators, and without any Account to him or them, to be had or given for the same. In witness, &c. Assignment of a Lease for 21 years, for security of the payment of a yearly Sum during a third persons life. THis Indenture made, &c. Between J. S. &c. Brother to E.M. of W. &c. on the one part, and J. H. of H. in the County of G. on the other part. Recital of the Lease. Whereas the said E. M. by his Indenture bearing date the first day of June, in the year of our Lord, &c. for the Consideration therein mentioned, did amongst other things Demise, Grant, Bargain, Sell, and to Farm Let unto the said J. S. All those messages and Tenements, &c. with all and every the cellars, Ways, Easements, Paths, Passages, Lights, Yards, Gardens, Backsides, Buildings, Profits, Advantages, Emoluments and Hereditaments whatsoever to the said messsage or Tenement, or any of them respectively belonging or appertaining, or therewith Used, Occupied or Enjoyed, and the Reversion or Reversions, Remainder or Remainders of the said premises, and of every or of any of them, and all yearly and other Rents and Profits, reserved upon any Lease made of the said premises, or any part or parcel of them, To Have and to Hold the said messages, Houses, Tenements, and all and singular other the premises, with their and every of their Appurtenances unto the said J. S. his Executors and Assigns, from the day of the date of the said Indenture, for and during and unto the full end and Term of 21 years from thence next ensuing and fully to be complete and ended, if the said M. W. should so long live, under the Rent of one Pepper corn only, to be paid on the Feast of St. Michael the Archangel, if the same should lawfully be demanded, as in and by the said Indenture, Relation being thereunto had more at large appeareth. Now therefore this Indenture witnesseth, That the said J. S. for the securing of the Sum of, &c. of good and lawful money of England, yearly to be paid unto the said J. H. by the said J. S. at the days and times, and in such manner and form as is herein after expressed, and in pursuance of certain Articles of Agreement Indented Tripartite bearing date, &c. and made or mentioned to be made between the said J.H. on the first part, the said J. S. on the second part, M. W. on the third part. And for and in Consideration Consideration. of the Sum of 5 l. of good and lawful money of England, to him in hand paid by the said J. H. the receipt whereof he doth hereby aclowledge, and for divers other good causes and Considerations him thereunto moving, Hath bargained, sold, aliened and assigned, Grant. and by these presents doth bargain, sell, alien and assign unto the said J. H. his Executors Administrators and Assigns, all those the aforementioned, &c. situate and being in, &c. in the County of, &c. called and known by the name of, &c. with their and every of their Appurtenances, and all Profits, Commodities, Emoluments and Hereditaments whatsoever to the said, &c. or any of them respectively belonging, or appertaining, or therewith occupied or enjoyed. And the Reversion and Reversions, Remainder and Remainders thereof, and all yearly and other Rents and Profits, reserved upon any Demise made of the said premises, or any part or parcel of them, To Have and to Hold the said, Habendum. &c. and all and singular other the premises, with their and every of their Appurtenances unto the said J. H. his Executors, Administrators and Assigns, for and during all the rest and residue of the said Term yet to come and unexpired, if the said M. W. Reddendum. shall so long live, yielding and paying therefore yearly, one Pepper corn only, on the Feast of the Annunciation of the Blessed Virgin Mary, if the same shall be lawfully demanded, Proviso for the payment of an Annual Sum during a life. Provided always, and upon Condition that if the said J. S. his Executors or Administrators, or any of them shall well and truly pay or cause to be paid unto the said J. H. his Executors or Administrators or any of them the full and just Sum of, &c. of good and lawful money of England yearly and every year during so many years of the said Term, as he the said M. W. shall happen to live at four Feasts or days of payment in the year, That is to say, the Feast of the Nativity of St. John Baptist, the Feast of St. Michael the Archangel, the Nativity of our Lord God, and the Annunciation of the Blessed Virgin Mary, by equal portions, the first payment to begin and be made on the Feast of the Nativity of St. John Baptist, next ensuing after the date of these presents, Place of payment. at the now dwelling House of J. M. Goldsmith, being the sign of the Golden-Hind in F. London; and that without any defalcation or abatement to be made out of the said Sum, or any part thereof for Taxes, or for any other cause, matter or thing whatsoever, that then this present Indenture and the Estate hereby Assigned, and every clause, matter or thing herein contained shall cease, determine and be utterly voided, any thing herein contained to the contrary in any wise notwithstanding. Cnvenant that Assignor hath power to grant. And the said J. S. for himself his Heirs, Executors and Administrators, doth Covenant and Grant to and with the said J.H. his Executors and Administrators by these presents, that he the said J. S. notwithstanding any Act or thing by him done or suffered to the contrary, is at the time of the ensealing and delivery hereof, rightfully possessed of, and in the said premises for and during the Term heretofore granted, and notwithstanding any Act as aforesaid, hath in himself good right and authority, to grant unto the said J. H. according to the purport, intent and true meaning of these presents, and that from and after the breach of the Proviso before mentioned, After breach of Proviso Grantee to enter and enjoy free from all disturbance by the Grantor or under an extent by Elegit upon judgement. it shall and may be lawful to and for the said J. H. his Executors and Administrators, and every of them, to enter into the before leased or mentioned, or intended to be aliened and assigned premises, and every of them, and the same, and every part and parcel of them lawfully and quietly to have, hold, possess and enjoy without the let, trouble, eviction or disturbance of him the said J. S. his Executors or Administrators, or any of them, or of any other person or persons, claiming from, by or under him, them or any of them, or from, by or under one Extent, made by virtue of an Elegit, or other Process taken out upon a judgement for the Sum of, &c. or some other Sum since due from the said M. M. unto one J. H. of, &c. And also that he the said J. S. Covenant for payment. until the Possession of the said premises shall be evicted from them, or the said J. H. by some person or persons not claiming the same, by or under him the said J.S. or the said Extent shall and will yearly and every year during the said Term, if the said M.W. shall so long live well and truly satisfy, and pay unto the said J.H. his Executors or Administrators, the said Sum of, &c. and every part thereof on the several days, and at the place in the said Proviso, or Condition mentioned, without making any defalcation or abatement out of the same by reason of Taxes, or for any other cause or matter whatsoever, according to the purport, intent and true meaning of the said Proviso, and in full satisfaction and discharge thereof. Till default of payment grantor to enjoy. And lastly, The said J. H. for himself his Heirs, Executors and Administrators, doth Covenant and Grant to and with the said J. S. his Executors and Administrators, by these presents, that until default made in payment of the said, &c. or some part thereof, contrary to the purport, effect and true meaning of the said Proviso, it shall and may be lawful to and for the said J. S. his Executors and Administrators, to continue the Possession of the said premises, and of every part and parcel of them, and to receive the Rents, Issues and Profits of the same, without the let or trouble of him the said J. H. his Executors and Administrators, or any other person, claiming, from, by or under him or his Estate, or from, by or under any Exent, or other Process, taken or to be taken out upon a judgement of, &c. besides cost of svit recovered by the said J. H. against the said M. W. and by him assigned unto his Majesty, and without any account to be made to him, them or any of them for the same. In witness, &c. Assignment of a Lease made by mayor and Commonalty of, &c. and accrueing to the Grantors Wife by device, to be voided upon payment of money, with Special Covenants. An Assignment of a Lease, and to be voided upon payment of a Sum of money. THis Indenture made, &c. Between S.E. of, &c. and D. his Wife of the one part, and J. G. of L. of the other part. Whereas the mayor and, &c. of the City of London, by their Indenture of Lease, under their Common Seal bearing date, &c. which was in the year of our Lord God, Recital. &c. for the Considerations therein mentioned, Did Demise and to Farm Let, unto M. S. late of L. Widow deceased, sometimes the Wife of J. W. C. S. &c. All that messsage or Tenement, with the Appurtenances then in the tenor or Occupation of the said M. S. or her Assigns, situate and being in, &c. containing in length, &c. with all Buildings, Rooms and Edifices thereupon made and erected, except as in the said recited Indenture of Lease is excepted, To Have and to Hold the said messages or Tenements, except as in the said recited Indenture of Lease is excepted unto the said M. S. her Executors, Administrators and Assigns, from the Feast of, &c. then last past, before the date of the said recited Indenture of Lease, unto the full end and Term of, &c. from thence next ensuing, and fully to be complete and ended. yielding and paying therefore yearly during the said Term, unto the said mayor and Commonalty, and C. S. and their Successors, at or in, &c. the Sum of, &c. of lawful money of England, at the four Feasts or Terms in the year, in and by the said recited Indenture particularly mentioned, by even and equal portions; As in and by the said recited Indenture of Lease,( amongst divers others Covenants, Conditions and Agreements therein contained,) more at large it doth and may appear. And whereas the said M. S. in and by her last Will and Testament bearing date, &c. Did give and bequeath the said recited Indenture of Lease and premises before mentioned, unto her Son J. W. for his life, and after his decease to his Children, which J. W. the Son being since deceased, the said recited Indenture of Lease and premises, is now by force and virtue of the said last Will and Testament aforesaid, lawfully come to the hands and possession of the said D. the Wife of the said S. E. she being the Daughter and only Child of the said J. W. the Son, or unto the said S. E. her Husband in her right. Now this Indenture witnesseth, That the said E. S. and D. his Wife, for and in Consideration of the Sum of, Grant. &c. of lawful money of England, to them in hand at or before their Sealing and Delivery of these presents, by the said J.G. well and truly paid, the receipt whereof, they the said E. S. and D. his Wife, do hereby aclowledge, and hereof, and of every part and parcel hereof do clearly Acquit, Exonerate and Discharge the said J. G. his Executors and Administrators, and every of them for ever by these presents, Have granted, bargained, sold, assigned and set over, and by these presents do grant, bargain, sell, assign and set over unto the said J. G. his Executors, Administrators and Assigns, as well the said recited Indenture of Lease, and the said messsage or Tenements and Yard, and all Buildings, Rooms and Edifices made and erected, As also all the Estate, Right, Title, Interest, Term of years to come and unexpired, property, claim and demand whatsoever of them the said E. S. and D. his Wife, or either of them, of, in, to or out of all and singular the premises, and every part and parcel thereof, with their and every of their Appurtenances, by force, virtue or means of the said recited Indenture of Lease and last Will and Testament aforesaid, or either of them, or otherwise howsoever, Habendum. To Have and to Hold the said messsage or Tenements, Yard, Buildings, Rooms and Edifices, and all and singular other the premises, with the Appurtenances by the said recited Indenture of Lease demised, and herein before mentioned to be hereby granted, bargained, sold, assigned and set over unto the said J. G. his Executors, Administrators and Assigns, from henceforth, for and during all the rest and residue of the said Term of, &c. in the said recited Indenture of Lease mentioned, yet to come and unexpired, And the said E.S. for the Considerations aforesaid doth by these presents further bargain and sell unto the said J. G. his Executors, Administrators and Assigns, All those their six Dying Fats, Grant of Dying Fats. now remaining and being in or about the said messsage, Tenements and premises, and let with the same, or belonging thereunto, To Have and to Hold the said six Dying Fats, with the Appurtenances unto the said J. G. his Executors, Administrators and Assigns, to his and their own proper use and uses, and as his and their own proper Goods and chattels for ever. Provided always, Proviso. and upon Condition that if the said E. S. and D. his Wife, or either of them, their, or either of their Executors, Administrators and Assigns, or any of them shall well and truly pay or cause to be paid unto the said J. G. his Executors, Administrators or Assigns, at or within, &c. the Sum of, &c. of lawful money of England, in manner and form following;( that is to say,) On the, &c. next ensuing the date hereof, the Sum of, &c. and on the, &c. which will be in the year of our Lord, &c. the Sum of, &c. residue and in full payment of the said Sum of, &c. Then the grant, bargain, sale and assignment of the premises hereby made, and every thing else herein contained, on the part and behalf of the said S. E. and D. his Wife, or either of them, their, or either of their Executors or Administrators, granted, or to be performed, shall cease, determine and be utterly voided and of no effect, to all intents and purposes whatsoever, This Indenture or any thing herein contained to the contrary thereof, in any wise notwithstanding, And that also the said J. G. his Executors, Administrators or Assigns, Delivery up of the Writings and a Bond of Covenants. shall and will redeliver, or cause to be delivered up unto the said E. S. and D. his Wife, or one of them, their, or one of their Executors or Administrators, the said recited Indenture of Lease, and all other Writings now delivered into the hands, custody or possession of the said J. G. and which are particularly mentioned and expressed in a Schedule or Inventory hereunto annexed, safe and uncancelled, for, and notwithstanding any witting or willing act, or thing to be committed or done by the said J. G to the contrary; Together with that part of these Presents, which is under the hand and seal of the said E.S. and D. his Wife, and one Bond or Obligation of the penalty of, &c. entered or to be entred into by the said E S. and D. his Wife, unto the said J. G. for payment of the said money, and for performance of the Covenants, Grants, Articles and Agreements herein contained, on the part and behalf of the said S. E. and D. his Wife, or either of them, their, or either of their Executors or Administrators, to be holden, kept and performed, canceled or to be canceled; And the said E. S. for himself and the said D. his Wife, and for his and her Executors Administrators and Assigns, Doth covenant, promise, grant and agree to and with the said J. G. his Executors, Administrators and Assigns, by these presents in manner and form following;( that is to say, Covenant to pay the Mortgage money. ) That they the said E.S. and D. his Wife, or one of them, their, or one of their Executors, Administrators or Assigns, or some of them shall and will well and truly pay, or cause to be paid unto the said J. G. his Exeutors, Administrators or Assigns, the said Sum of, &c. at the place, and on the several days and times of payment hereof above mentioned, in manner and form aforesaid; According to and in performance of the said Proviso or Condition aforesaid, and of the true intent and meaning of these presents; And that the said recited Indenture of Lease, That the Original Lease is a good Lease. hereby assigned and set over, at the time of the sealing and delivery of these presents, is a good, lawful and sufficient Lease and Grant in the Law, of and for all and singular the said messages or Tenements, Yards and premises hereby mentioned to be demised, for and during all the rest and residue of the said Term of, &c. thereby granted or letten, yet to come and unexpired; and that the said recited Indenture of Lease now is and standeth in full force and effect. And also, That the said S.E. and D. his Wife, Covenant, That the Grantors have good Right. or one of them, at the time of their Sealing hereof, have or hath in them, or one of them, full Power, good Right, true Title, and lawful Authority, to grant, bargain, sell, assign and set-over the said recited Indenture of Lease, and the said messsage or Tenement, Yard and premises herein before-mentioned to be hereby granted, bargained, sold, assigned and set-over unto the said J.G. his Executors, Administrators and Assigns, in manner and form aforesaid. That the Grantee on default of payment shall quietly enjoy, &c. And further, That it shall and may be lawful to and for the said J. G. his Executors, Administrators and Assigns, from and after default shall be made of or in payment of the said Sum of, &c. or any part thereof at the place, and on either of the said Days of payment aforesaid, contrary to the true intent and meaning of the said Proviso or Condition aforesaid, peaceably and quietly to have, hold, occupy, possess and enjoy the said messsage or Tenement, Yard, Dying-Fats, and all and singular other the premises respectively, with the appurtenances, and every part thereof, and to receive and take the Rents, Issues and Profits of the same, to his and their own proper use and uses, for and during all the rest and residue which shall be then to come and unexpired of the said Term of, &c. by the said recited Indenture of Lease granted or letten, without the let, svit, trouble, denial, expulsion, eviction or interruption, or by the said S. E. and D. his Wife, or either of them, their or either of their Executors, Administrators or Assigns, or any of them, or any other person or persons whatsoever. And that free and clear, and freely and clearly acquitted, Free from encumbrances. exonerated and discharged, or otherwise, by the said S. E. and D. his Wife, their Executors, Administrators or Assigns, sufficiently saved and kept harmless and indemnified, of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Leases, Assignments, Mortgages, Surrenders, Forfeitures, Re-entries, Rents, Arrearages of Rents, and of and from all and every other Estates, Titles, Troubles, Charges and encumbrances whatsoever: Except the Rents, Covenants, Conditions and Agreements, in and by the said recited Indentures of Lease, Except, &c. reserved and contained, which from and after such default of payment made, shall on the Tenant or Lessees part and behalf of the premises, grow due to be paid, kept and performed; And also, Except one Lease by Indenture bearing Date, &c. made of part of the premises, by and from the said S.E. unto A.W. of L. Widow, for the Term of, &c. commencing from, &c. if the said A. W. so long remain a Widow, for and under the yearly Rent of, &c. of lawful money of England, thereby reserved payable Quarterly, by even and equal portions; which said yearly Rent of, &c. shall and may from and after such default of payment made of the said Sum of, &c. or any part thereof, grow due and payable unto the said J.G. his Executors, Administrators and Assigns, for and during all the restand residue of the said Term of, &c. by the said Excepted Excepted. Indenture of Lease granted, which shall be then to come and unexpired. And moreover, That until default shall be made of or in payment of the said Sum of, &c. or any part thereof, at the place, or on either of the several Days of payment thereof above-limited, contrary to the true intent and meaning of these presents. That the Granto● shall perform the Covenants and Payments in the Original Lease, till the Grantees entry▪ And until the said J. G. his Executors, Administrators or Assigns, shall enter into, and receive and take the Rents and Profits of the premises, by virtue of these presents, they the said S. E. and D. his Wife, shall and will well and truly pay, perform, fulfil and keep all and singular the Rents, Sum and Sums of money, Payments, Covenants and Agreements, in and by the said recited Indenture of Lease reserved, contained, mentioned and expressed, which on the Tenant or Lessees part and behalf shall grow due, to be done, kept, paid and performed. And lastly, The said J. G. for him, his Executors, Administrators and Assigns, Doth covenant, promise, grant and agree to and with the said S. E. and D. his Wife, their Executors, Administrators and Assigns, And shall enjoy till default of payment. by these presents, That they the said S. E. and D. his Wife, their Executors, Administrators and Assigns, shall or may, until default shall be made for or in payment of the said Sum of, &c. or any part thereof, at the place or on either of the several Days of payment above-mentioned, contrary to the true meaning of these presents, peaceably and quietly have, hold, occupy, possess and enjoy the said messsage or Tenement, Yard, Dying-Fats, and all other the premises, with the appurtenances, and every part thereof, and receive and take the Rents, Issues and Profits of the same to his and their own proper use and uses, without the let, svit, trouble or interruption of or by him the said J. G. his Executors, Administrators or Assigns, or any of them. In witness, &c. An Assignment and Mortgage of two Leases of Ground in London, with good Covenants. THis Indenture made, &c. Between W.C. of, &c. of the one part, and T.C. of the other part. Whereas by Indenture bearing date, &c. made, or mentioned to be made, between T. H. Doctor of Divinity and the Churchwardens and several other Parishioners of the Parish of, Recital of the first Lease. &c. of the one part, and the said W.C. of the other part; They the said person, Churchwardens and Feoffees, for the Consideration therein mentioned, and according to and in pursuance of an Order made at W. &c. Did demise, grant and to Farm-let unto the said W.C. all that Foundation and parcel of Ground whereupon the late Dwelling, &c. burnt and consumed by the late dreadful Fire, lately stood, situate, &c. and containing from, &c. all and singular Ways, Passages, Profits and Commodities whatsoever, to the said Foundation and parcel of Ground belonging or appertaining, which said Foundation or parcel of Ground lieth between the Foundation and Ground of, &c. To Have and to Hold the said Foundation, &c. unto the said, &c. for and during the Term of, &c. from thence next ensuing, and fully to be complete and ended; Yielding and paying, &c. as in and by the said recited Indenture of Lease( amongst divers Covenants and Agreements therein contained) more at large it doth and may appear. And whereas the mayor, Recital of the second Lease. Commonalties and Citizens of the City of London, Governours of the Possessions, &c. by their Indenture of Lease under their Common Seal, bearing date, &c. for the Considerations therein mentioned, Did demise, lease, grant, betake and to Farm-let unto the said W.C. his Executors, Administrators and Assigns, all that their Plot of Ground, with the appurtenances to the same belonging, situate in St. Peters Parish Cornhill, which Plot of Ground is bounded, set-out and described by a certain Plot or description thereof to the said last recited Indenture annexed; upon which Plot heretofore stood, &c. Ground-Plot described in a Schedule. late in the tenor or occupation of, &c. and all Ways, Passages, Lights, Easements, Profits, Commodities, Hereditaments and Appurtenances to the said premises belonging or appertaining; To Have and to Hold all and singular the said Plot of Ground and premises, by the said last recited Indenture of Lease demised, for and during the Term, &c. Yielding and paying therefore, &c. as in and by the said last recited Indenture of Lease, &c. relation being thereunto had, may more at large appear. Recital of the new erected Buildings. And whereas the said W.C. hath lately erected and built upon the said Plots or Parcels of Ground, by the said several recited Indentures demised, two messages or Tenements, according to the several Covenants and Agreements therein particularly contained, now in the several tenors or Occupations of, &c. Now this Indenture witnesseth, That the said W. C. for and in Consideration Consideration. of the Sum of 500 l. of lawful money of England, to him in hand, at and before the sealing and delivery of these presents, by the said T. C. well and truly paid, the Receipt whereof the said W. C. hereby acknowledged, and thereof and of every part and parcel thereof, doth clearly acquit, exonerate and discharge the said T. C. his Executors and Administrators, and every of them for ever, by these presents, Hath granted, bargained, sold, assigned and set-over, and by these presents Doth grant, Grant. bargain, sell, assign and set-over, as well the said two several recited Indentures of Lease, and the said several Plots and Parcels of Ground thereby respectively demised, and all messages, Tenements and Buildings thereupon erected and built, with their and every of their Appurtenances; as also all the Estate, Right, Title, Interest, Term and Terms of years to come and unexpired, property, claim and demand whatsoever, of him the said W. C. of, in, to or out of all and singular the premises, and every part and parcel thereof, with their and every of their Appurtenances, by force, virtue or means of the said recited Indentures of Lease, or either of them, or of any Decree made by the Court of Judicature, Habendum. &c. To Have and to Hold the said Plots and Parcels of Ground, &c. from henceforth, for and during all the rest and residue of the said several Terms of years, by the said two several and recited Indentures of Lease respectively granted, yet to come and unexpired. And the said W. C. for himself, Covenant, That the Original Leases are good Leases. his Executors, Administrators and Assigns, Doth covenant, grant and agree, to and with the said T. C. his Executors, Administrators and Assigns, by these presents, That these two several recited Indentures of Lease hereby assigned and set-over, or mentioned to be assigned and set-over at the time of the sealing and delivery of these presents, is, are and be good lawful and sufficient Leases and Grants in the Law, of and for the said Plots and Parcels of Ground, and the said messages or Tenements built upon the same, and all and singular other the premises thereby respectively mentioned to be demised, for and during all the rest and residue of the said several Terms of years hereby respectively granted or letten, yet to come and unexpired, and are not forfeited or surrendered, but now are and be in full force and virtue. And that the said W. C. at the time of th● sealing hereof hath in himself full power, good right, true title, That the Grantor hath good right. and lawful and absolute authority to grant, bargain, sell, assign and set over the said two recited Indentures of Lease, And the said messages or Tenements and premises herein before mentioned, to be hereby granted, bargained, sold, assigned and set over and every part thereof, unto the said T. C. his Executors Administrators and Assigns, The Proviso. in manner and form aforesaid. Provided always, and upon Condition, That if the said W. C. his Executors, Administrators or Assigns, shall well and truly cause to be paid unto the said T.C. his Executors, Adminstrators or Assigns, at or in the now truly payor dwelling house of, &c. the several Sums of lawful money of England hereafter mentioned, amounting in the whole to the Sum of 530 l. on the several days of payment herein after expressed;( that is to say,) On the, &c. and on, &c. and on, &c. residue and in full payment of the said Sum of, &c. without any default or abatement to be made, for, or in respect of any Taxes or Assessments whatsoever, to be Imposed upon the premises by Authority of Parliament, or of the Common council of the City of London, or otherwise howsoever; Then the grant, bargain, sale and assigment of the premises hereby made, and every thing else herein contained, on the part and behalf of the said W. C. his Executors, Administrators or Assigns, granted, or to be performed, shall cease, determine and be utterly voided to all intents and purposes; this Indenture or any thing herein contained to the contrary hereof, in any wise notwithstanding. And then also the said T. C. his Executors, Administ●ators or Assigns, shall and will redeliver, or cause to be delivered up unto the said W. C. The Writings to be delivered upon. his Executors or Administrators, the said several recited Indentures of Lease, safe, whole and uncancelled, for, and notwithstanding any witting or willing act, or thing to be committed or done to the contrary, Together with that part of these presents, which is under the Hand and Seal of the said W. C. and one Bond or Obligation of the penalty of 1000 l. entered or to be entered into by the said W. C. unto the said T. C. for payment of the said several Sums of money aforesaid, in manner and form aforesaid, and for performing the Covenants and Agreements herein contained, on the part and behalf of the said W. C. his Executors or Administrators, to be holden, kept and purformed, canceled or to be canceled. And the said W. C. for himself his Executors, Administrators and Assigns, Doth covenant, promise, grant and agree, to and with the said T. C. his Executors, Administrators and Assigns, Mortgage or to pay the money. by these presents, in manner and form following;( that is to say,) That the said W. C. his Executors, Administrators or Assigns, or some of them, shall and will well and truly pay or cause to be paid unto the said T. C. his Executors, Administrators, the said Sum of, &c. before mentioned at the place, and at the several days of payment thereof before expressed, in manner and form aforesaid; According to and in purformance of the Proviso, or condition aforesaid: And further, That it shall and may be lawful to and for the said T. Upon default the Grantee to enter and enjoy. C. his Executors, Administrators and Assigns, from and after default shall be made of or in payment of the said Sum of, &c. or any part thereof at the place, or on any par● of the said several days of payment thereof above mentioned, contrary to the true intent and meaning of the said Provisoes and Conditions aforesaid, peaceably and quietly to have, hold, occupy, possess and enjoy the said several Plots or parcels of ground, and the said messages or Tenements built thereupon as aforesaid, and all and singular the premises with the Appurtenances herein before mentioned to be hereby granted, bargained, sold, assigned and set over, and every part and parcel thereof, and to receive and take the Rents, Issues and Profits of the same, to his and their own proper use and uses, for and during all the rest and residue which shall be then to come, and unexpired of the said several Terms of years, by the said several recited Indentures of Lease, granted or mentioned to be granted, without any let, svit, denial, trouble, expusilon, eviction or interruption, of or by the said W. C. his Executors, Administrators or Assigns, or any of them, or of any other person or persons whatsoever. And that free and clear, And free from encumbrances. and freely and clearly acquitted, exonerated and discharged, or by the said W. C. his Executors, Administrators or Assigns, sufficiently secured and kept harmless and indemnified of, and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Leases, Assignments, Surrenders, Forfeitures, Reentries, Rents and Arrearages of Rents, and of, and from all and every other Estates, Titles, Troubles, Charges and encumbrances is whatsoever, Except the Rents, Covenants, Conditions and Agreements, in and by the said several and recited Indentures of Lease, respectively reserved and contained, which from and after such default of payment made, shall on the Tenant or Lessees part and behalf of the premises, grow due to be paid, kept and performed, And also except one Lease by Indenture bearing date the, &c. made of part of the said premises, by and from the said W. C. unto J. P. of, &c. for the Term of, &c. commencing from, &c. for and under the yearly Rent of, &c. of lawful money of England, thereby reserved, payable quarterly by equal portions, which said yearly Rent of, &c. shall and may from and after such default of payment made of the said Sum of 530 l. or any part thereof, grow due and payable unto the said T. C. his Executors, Administrators and Assigns, for and during all the then rest, and residue of the said Term of, &c. by the said Indenture of Lease granted, which shall be then to come and unexpired, And moreover that until default shall be made, Mortgagor to enjoy till default of payment, and till then to perform the Covenants and payments in the original Lease. of, or in payment of the said Sum of 530 l. or any part thereof, at the place or on either of the said several days of payment thereof above limited, contrary to the true intent and meaning of these presents. And until the said T. C. his Executors, Administrators or Assigns, shall enter into, and receive and take the Rents and Profits of the premises, by virtue of these presents, he the said W.C. his Executors, Administrators or Assigns, shall and will well and truly hold, Assignments. pay, perform, fulfil and keep all and singular the Rents, Sum and Sums of money, Payments, Covenants and Agreements, in, and by the said several recited Indentures of Lease respectively reserved, contained, mentioned and expressed, which on the Tenant or Lessees part and behalf, by virtue of the said Indenture of Lease, or by virtue of any Decree made by the said Court of Judicature, shall grow due to be paid, done, kept and performed. And lastly, The said T. C. for him his Executors, Administrators and Assigns, doth covenant, promise, grant and agree to, and with the said W. C. his Executors, Administrators and Assigns, by these presents, That he the said W. C. his Executors, Administrators and Assigns, shall or may until default shall be made of, or in payment of the said Sum of 530 l. or any part thereof at the place, or on either of the several days of payment above mentioned, contrary to the true meaning of these presents, peaceably and quietly have, hold, occupy, possess and enjoy the said Plots or parcels of ground, and the said messages or Tenements built upon the same, and all other the premises with the Appurtenances and every part thereof, and receive, and take the Rents, Issues and Profits of the same, to his and their own proper use and uses, without any let, svit, trouble or interruption, of, or by him the said T. C. his Executors, Administrators or Assigns, or any of them. In witness, &c. An Assignment of a Lease for 1000 years mortgage and Forfeited, in trust and in pursuance of a Mortgage in Fee of the same premises, and upon payment the Trustee to Release. THis Indenture made between D. B. of, &c. Son and Heir of W. B. late, &c. deceased, and W.W. of, &c. R.W. of, &c. of the one part, And J.G. of, &c. and T.C. of, &c. of the other part. Whereas the said W. B. deceased, and the said D. B. by their Indenture of Lease, bearing date, &c. for and in Consideration of the Sum of 2000 l. of lawful money of England, Did grant, bargain, sell, and to farm let unto F. A. of L. Esquire, his Executors, Recital. Administrators and Assigns, all that messsage or Tenement with, &c. situate in, &c. containing by estimation 116 Acres more or less, And all Barns, Stables, Out-houses, Yards, Courts, Curtillages, Orchards, Gardens, Lands, Tenements, Pastures, Feedings, Woods, Underwoods, Wasts, Ways, Easements, Profits, Commodities, Emoluments, Advantages and Appurtenances to the said messsage or Tenements, belonging or appertaining, or then, or at any time, used, or occupied with the said messsage or Tenement, or accounted, or reputed as part, parcel or member thereof, which said messsage or Tenement and premises then were in tenor, occupation or possession of, &c. his under Tenants or Assigns( since deceased) and now in the tenor of, &c. or his Assigns, To Have and to Hold the said messsage or Tenement and premises to the said F. A. Habendum. his Executors Administrators and Assigns, for and during the full Term of One thousand years, fully to be complete and ended, subject nevertheless to a certain Proviso or Condition in the said mentioned Indenture specified for the Sum of 200 l. to the said F.A. his Executors, Administrators or Assigns, at such times as in the said recited Indenture, which said 2000 l. not being paid according to the said Proviso, the said Lease became forfeited, and is now by sundry mean Assignments and Conveyances in the Law, lawfully come to the hands and possession of the said R. W. for and during the rest and residue of the said Term of One thousand years, by the said recited Indenture of Lease granted, as in and by the said recited Indenture of Lease, and the said several mean Assignments and Conveyances thereof made,( Relation thereunto being severally and respectively had) more at large it doth and may appear. Now this Indenture witnesseth, That for and in Consideration of a certain competent Sum of lawful money of England, to the said W.R. in hand, at or before the ensealing and delivery of these presents, by the said J.G. well and truly paid, The grant in Trust. the receipt whereof he the said R.W. doth hereby acknowledge, and thereof, and of every part and parcel thereof, doth hereby acquit and discharge the said J. G. his Executors, Administrators, and every of them for ever by these presents, he the said W. R. at the request, and by and with the consent of the said D. E. and W. W. and also by the direction and appointments of the said J. G. hath granted, bargained, sold, assigned and set over, and by these presents doth grant, bargain, sell, assign and set over unto the said T. C. his Executors, Administrators and Assigns, all the said messsage or Tenement, and the Yard Lands, called or known by the name of, &c. situate, lying and being in, &c. containing by estimation 116 Acres, be the same more or less as aforesaid, and all and singular other the premises, with their and every of their Appurtenances, by the said recited Indenture of Lease granted, bargained, sold and to farm let unto the said F. A. as aforesaid, And all the Estate, Right, Title, Interest, Term of years to come and unexpired, Profit, Advantage, Claim and Demand whatsoever of him the said R. W. of, in, and to the said messsage or Tenement, two Yard Lands and premises, and every part and parcel thereof, by force, virtue or means of the said recited Indenture of Lease, and the said mean Assignmens and Conveyances in the Law, or any of them, or otherwise howsoever, Habendum. To Have and to Hold the said messsage or Tenement, and two Yard Lands and premises, with their and every of their Appurtenance unto the said T. C. his Executors, Administrators and Assigns, from henceforth, for, and during all the rest and residue of the said Term of One thousand years, by the said recited Indenture of Lease granted, yet to come and unexpired; In trust nevertheless for the proper use and benefit of him the said J. G. his Executors, Administrators and Assigns, and to be at his and their disposing, And the said R. W. Assignee, Covenants that he hath not encumbered. for himself his Executors Administrators and Assigns, doth covenant, grant and agree, to and with the said J. C. his Executors, Administrators and Assigns, by these presents, That he the said R.W. or any claiming, from, by, or under him hath not done any act or Acts, thing or things whereby, or by reason whereof the premises or any part thereof, are or shall, or may be encumbered or impeached in Title, Charge, Estate, or otherwise howsoever, or by reason whereof the said J. G. his Executors, Administrators or Assigns, shall or may be hindered or molested, of, or in the enjoying of the premises or any part thereof, during the residue of the said Term of One thousand years, yet to come and unexpired; And the said J. G. for himself his Executors and Administrators, doth covenant, grant and agree to and with the said D. B. Covenant that if the first Mortgagor pay the Mortgage money, then the Trustee to Re●●nvey to him. his Heirs, Executors and Administrators, by these presents, That if he the said D. B. his Heirs, Executors, Administrators or Assigns, or any of them, shall well and truly pay or cause to be paid unto the said J. G. his Executors, Administrators and Assigns, at or within the now dwelling house, &c. the Sum of 530 l. of lawful money of England, in manner and form following;( that is to say,) One the, &c. day of, &c. next coming after the date hereof, the Sum of 15 l. thereof, and on the, &c. day of, &c. which will be in the year of our Lord God, &c. the Sum of Five hundred and fifteen pounds residue, and in full payment of the said Sum, &c. according to and in performance of certain Provisos or Conditions contained and mentioned in one pair of Indentures of Release bearing date, the day of the date of these presents, made or mentioned to be made between the said D. B. of the one part, and the said J. G. of the other part, That then the said T. C. his Executors or Administrators, shall at the request, and costs and charges of the said D. B. his Heirs, Executors or Administrators, convey assign and set over unto the said D. B. his Heirs, Executors or Assigns, or to such other person or persons, as he or they shall nominate and appoint, all his Estate, Right, Title, Interest, Term of years to come, Claim and Demand of, in, and to the said recited Indenture of Lease so made unto the said F. A. and hereby granted, bargained, sold, assigned and set over unto him the said T. C. as aforesaid, And of, in, and to the said messsage or Tenement, two Yard Lands and premises, by the said recited Indenture of Lease, bargained, sold and to farm letten, discharged of and from all encumbrances and Estates whatsoever, to be then before had, made or done by him the said T.C. his Executors, Administrators and Assigns. In witness, &c. Awards. An Award in a controversy about a Bond given for payment of a Wives Portion. TO all Christian People to whom these Presents shall come: C. E. of C. and J. C. of, &c. in the County of D. sand Greeting. Whereas there is a svit now depending in His Majesties High Court of Chancery, Between T.L. of K. in the County of K. Baronet, and others, Plaintiffs, and J. F. of W. in the said County of N. Baronet, Defendant, touching a Bond of the Penal Sum of, &c. formerly entred into by W. F. late Father to the said J. F. deceased, Conditioned for the payment of, &c. for the Marriage Portion of the said G. L. now Wife of the said T. L. and Daughter to the said W.F. And whereas the said T.L. and J.F. have now lately submitted themselves to the Award and final determination of us the said C. E. and J.C. concerning the said svit, so far as it may relate to him the said T. L. as also the said Bond, and all right, title, interest, claim and demand whatsoever, which he the said T. L. now hath, or at any time hereafter shall or may have or claim against him the said J.F. or against any his Lands or Estate in the County of N. or elsewhere, in right of the said G. his Wife, for her Portion, or otherwise; and likewise have each of them entred into a Bond of the Penalty of, &c. with Condition for the true performance of the said Award. Now know ye therefore, That We the said C. E. and J. C. taking upon us the Charge of the said Award, and willing to make Unity and Concord between the said parties concerning the premises, Have called the said parties before us, and by good Advice and Deliberation have heard, examined and perfectly understood both Rights, Grounds and Proofs in the said premises, and weighing the Effects of the Matters in controversy, do make and publish this our Award in manner following: Imprimis, We do Order and Award, All Prosecution at Law to cease. That all further Prosecution in the said svit, between the said parties, shall from henceforth cease and determine. Item, We do Order and Award, That the said J.F. his Heirs, Executors or Administrators, within, &c. To give Security to pay a yearly Rent after the death of a person. Months next after the publishing of this our Award, shall give Security to be approved by the Counsel of the said T.L. to pay unto the said T.L. his Executors or Administrators, the yearly Rent or Sum of, &c. of good and lawful money of England, for and during the Term of, &c. years, at two days of payment in the year;( That is to say,) the, &c. day of, &c. and the, &c. day of, &c. by equal portions; The first payment to begin and be made on such of the said days as shall first happen, next after the decease of M.F. of H. in the said County of N. Widow: And in the mean time, and until the commencement of the said yearly Rent, That the said J.F. In the mean time to pay a yearly Rent for maintenance of the eldest Son. his Executors or Administrators, shall yearly pay or cause to be paid unto— L. Son and Heir apparent to the said T. L. the yearly Rent or Sum of, &c. of like lawful money, at the two days of payment, and by equal portions as aforesaid, the first payment to begin and be made on the, &c. day of, &c. which shall be in the year, &c. which said yearly Rent of, &c. is, and by this our Award is declared to be for and towards the Maintenance and Education of him the said— L. in one of the Inns of Court, in the Study of the Common of England, and is only to be and have continuance, for and until the commencement of the aforesaid yearly Rent of, &c. to the said T.L. as aforesaid, and not for any longer or other term or time, and from thenceforth to cease, determine and be voided. The first mentioned Sum to be for a Maintenance for younger Children. Item, We do further Order and Award, That the said, &c. so to be paid to the said T. L. or in default thereof, the like Sum to be charged upon his Estate, or otherwise, by him raised, shall be applied to and put out for and towards a Provision and Maintenance for his younger Children, by the said G.L. his Wife. To give Releases. Item, Lastly, We do Order and Award, That the said T. L. shall give such Releases or other Legal discharges, as by the Counsel of the said J. F. shall be advised, as well for the Releasing of the said Bond, as also for the barring and extinguishing of all such Right, Title and Interest, as he the said T. L. now hath or claimeth, or any time hereafter may have or claim in right of the said G. for or concerning any Portion or yearly Rent-charge, or any gross or other Sum whatsoever, now chargeable upon, or issuing out of, or hereafter to be chargeable upon, or issuing out of any the Lands and Estate of the said J. F. or otherwise; and likewise before the, &c. day of, &c. next ensuing the date hereof, shall deliver up, or cause and procure to be delivered up unto the said J.F. his Heirs or Assigns, the aforesaid Bond, and all Deeds, Evidences and Writings whatsoever, To deliver up Writings. in his the said T. L's custody, or in the hands or custody of any other person or persons to his knowledge, or by his privity or consent, which any away do or may relate to the Portion, or any other Sum or Sums of money or yearly Rent already due, or which hereafter may be due or payable to the said T. L. in right of the said G. and now chargeable upon or to be issuing out of any the Lands or Estate now enjoyed by the said J. F. or by any person or persons claiming under him, or any the Lands or Tenements whatsoever, which at any time heretofore were enjoyed by the said W. F. in his life time, or any person or persons claiming under him. In witness, &c. Bargains and Sales. A Bargain and Sale of Freehold Lands with Covenant for Grantor and his Wife levying a Fine, and other good Covenants, &c. also that Grantor will Surrender Copyhold Lands to the use of, &c. THis Indenture made the, &c. day of, &c. Between J. W. of P. in the County of S. on the one part, and H. A. of B. in the County of E. R. G. of G. in the County of M. and J. T. of M. in the County of B. on the other part, witnesseth, That the said J. W. for and in Consideration Consideration. of the Sum of, &c. of good and lawful money of England, to him in hand paid by the said H. A. R. G. and J.T. at and before the ensealing and delivery hereof, The receipt whereof he doth hereby aclowledge, and thereof and of every part and parcel thereof, doth fully, clearly and absolutely acquit, exonerate and discharge the said H. A. R. G. and J. T. their Heirs, Executors and Administrators, by these presents, and for divers other good causes and considerations him thereunto moving, he the said J. W. Hath granted, bargained, sold, aliened, enfeoffed and confirmed, and by these presents doth grant, Grant. bargain, sell, alien, enfeoff and confirm unto the said H. A. R. G. and J. T. their Heirs and Assigns for ever, all that messsage or Tenement, &c. with the Appurtenances, &c. Together with all Houses, Barns, Stables, Orchards, Gardens, Lands, Tenements, Meadows, Pastures, Fedings, Leasows, Woods, Underwoods, Waters, Watercourses, Commons, Commons of Pasture, Hedges, Hedg-rows, Ways, Paths, Passages, Easements, Profits, commodities, Advantages, Emoluments and Hereditaments whatsoever,( except before excepted) to the said messages or Tenements belonging, or in any wise appertaining or demised, used, occupied, accepted, reputed or taken to be belonging or appertaining to the said, &c. messages, Tenements and premises, or to either of them, or to any part, parcel or member of them or of either of them; And the reversion and reversions, remainder and remainders of all and singular the said premises, and of every part and parcel of them,( except before excepted) and all other yearly and other Rents and Profits, reserved upon any Demise or Lease made of the said premises or of any part thereof. And for the Consideration aforesaid, the said J. M. doth by these presents grant, bargain and sell unto the said H. A. R. G. and J.T. all and singular Deeds, Sale of all Writings, &c. Evidences and Writings in the hands or custody of the said J. W. touching or concerning the premises before mentioned to be hereby granted only, or any part or parcel thereof, All which or so many of them as he hath or can come by without svit of Law; the said J. W. To be delivered by a day. doth hereby covenant to deliver or cause to be delivered unto the said H.A. R. G. and J. T. their Heirs or Assigns, at or before the, &c. day of, &c. next ensuing the date hereof, safe, whole, uncancelled and undefaced, or in as good case and plight as the same now are, together with true Copies of all such other Deeds, Evidences and Writings, as touch or concern the premises or any part or parcel thereof, together with any other Lands, as the said J. W. hath in his custody, or may or can come by without svit in Law, the same to be written and copied out, at the cost and charges of the said H. A. R. G. and J. T. their Heirs and Assigns, Habendum. To Have and to Hold the said messages, Tenements and all and singular other the premises above by these presents mentioned or intended to be hereby granted, and every part and parcel thereof, with their and every of their Appurtenances( except before excepted) unto the said H. A. R G. and J. T. their Heirs and Assigns for ever, unto the only use and behoof of the said H. A. R. G. and J. T. their Heirs and Assigns for ever, Covenant for levying a Fine by Grantor and his Wife. And the said J. W. for himself his Heirs, Executors and Administrators, doth covenant and grant to and with the said H. A. R. G. and J. T. their Heirs and Assigns, by these presents: That the said J. W. and D. T. his Wife, shall and will on this side and before the end of Michaelmas Term next ensuing the date of these presents, at the request and cost and charges in the Law of the said H. A. R. G. and J. T. their Heirs or Assigns, by Fine Sur cognisance de droit come ceo, &c. to be duly levied before the Justices in his Majesties Court of Common Pleas at Westminster, whereupon Proclamations shall and may be had and made, according to the usual course of Fines, with Proclamations for assurance of Lands in such cases used, and the form of the Statute in that behalf provided, grant and convey unto the said H. A. R. G. and J. T. and their Heirs, the said messages, Tenements and all and singular other the premises, above by these presents mentioned and intended to be hereby granted, and every part and parcel of them with their and every of their Appurtenances,( except before excepted) by such apt and convenient names, descriptions and numbers of Acres, as shall be thought fit and agreed upon, which said Fine and all Fines now or at any time hereafter had or levied of the said premises, Enurement of the Fine. or any part of them between the said parties or any of them, shall be and enure and is hereby declared to be and enure, to the use of the said H. A. R. G. and J. T. their Heirs and Assigns for ever, and to and for no other use, intent or purpose whatsoever, Covenant that Grantor is seized and has power to sell. And the said J.W. for himself, his Heirs, Executors and Administrators, doth covenant and grant to and with the said R. G. and J.T. their Heirs and Assigns, by these presents, That he the said J. W. for and notwithstanding any act, matter or thing made, committed or done by him or F.W. his Father deceased or either of them to the contrary, now is and standeth lawfully and rightfully seized of, and in the said messages, Tenements, Hereditaments, and all and singular other the premises, herein before mentioned and intended to be hereby granted, with their and every of their Appurtenances,( except before excepted) of a good, sure, perfect, absolute and indefeizable Estate of Inheritance in Fee-simple. And notwithstanding any such act as aforesaid, now hath good right, full power and lawful and absolute authority to grant and convey the said messages, Tenements, Hereditaments and premises, with their and every of their Appurtenances,( except before excepted) unto the said H. A. R. G. and J. T. and their Heirs, according to the purport, true intent and meaning of these presents, And that it shall and may be lawful to and for the said H. A. R. G. and J. T. their Heirs and Assigns, from time to time, and at all times forever hereafter, For quiet Enjoyment. peaceably and quietly, To Have and to Hold, occupy, possess and enjoy the said Lands, Tenements, and all and singular other the premises herein before mentioned, and intended to be hereby granted, and every part and parcel of them, with their and every of their Appurtenances,( except before excepted) without the lawful let, svit, trouble or interruption of him the said J. W. his Heirs or Assigns, or of any other person or persons lawfully claiming or to claim, by or under him the said J. W. or the said F. W. his Father, or in, by or under them or either of them, their or either of their Estate or Estates, right, title, act, means, consent or procurement, and free and clear, That premises are free from encumbrances. and freely and clearly acquitted and discharged, or saved harmless of and from all manner of former and other Gifts, Grants, Bargains, Sales, Leases, Mortgages, jointures, Dowers, Uses, Wills, Entails, Rents, Arrearages of Rents, Debts, Statutes, recognisances, Judgments, Extents, Executions, and all former and other Estates, Titles, Troubles, Charges, burdens and encumbrances whatsoever, had, made or done, or to be had, made or done by them or either of them, or by any other person or persons lawfully claiming or to claim, in, by or under them, or either of them, Exception of Leases. one Lease of a messsage, with the Appurtenances, and certain Lands, parcel of the said premises in possession, unto the said W. W. for the Term of, &c. years, whereupon the yearly Rent of, &c. is reserved; and one other Lease of one messsage, with the Appurtenances, and certain Lands, parcel of the said premises, unto the said F. W. for the Term of, &c. years, whereupon the yearly Rent of, &c. is reserved, which said Rents shall from thenceforth be due and payable unto the said H.A. R.G. and J. T. their Heirs and Assigns, and all Rents and Services hereafter to grow due and payable unto the Chief Lord or Lords of the Fee or Fees of the said premises, only excepted and foreprized. Covenant for further Assurance. ) And further, That he the said J. W. and his Heirs, and every other person or persons, claiming or to claim from, by or under him the said J. W. or the said F. W. the Father, or from, by or under them or either of them,( Except the before-mentioned Lessees, for their respective Terms) shall and will from time to time, during the space of, &c. years next ensuing the date hereof, upon the request and at the costs and charges in the Law of the said H.A. R.G. and J. T. their Heirs or Assigns, do, make and execute, or cause to be made, done and executed, all and every such further and other act and acts, conveyances and assurances in the Law whatsoever, for the further, better and more perfect conveying and assuring of all the said Lands, Tenements and Hereditaments, and all and singular other the premises herein before-mentioned and intended to be hereby granted, and every part and parcel of them, with their and every of their Appurtenances,( Except before excepted) unto the said H. A. R. G. and J. T. their Heirs and Assigns for ever, be it by Fine or Fines, dead or Deeds enrolled or not enrolled, or otherwise howsoever, as by the Counsel learned in the Law of the said H.A. R. G. and J. T. their Heirs or Assigns, shall be reasonably devised, advised or required, so as such further assurance contain no further Covenants or Warranty, than in these presents are contained, and so as the Parties to make the same be not thereby compelled to travail above 20 Miles from the place or places of their usual abode for doing thereof. And whereas the said J. W. Recital of the Copyhold premises. holdeth to him and his Heirs by Copy of Court-Roll, at the Will of the Lord, according to the Custom of the Mannor of S. aforesaid, the said parcels of Land in S. aforesaid, before excepted, It is covenanted and agreed upon by and between the said Parties to these presents: And the said J. W. for himself, his Heirs, Executors and Administrators, Covenant for surrendering them to the use of Grantees and their Heirs. for the Consideration aforesaid, Doth covenant and grant to and with the said H. A. R. G. and J.A. their Heirs and Assigns, by these presents, That he the said J. W. shall and will before the Feast of St. John Baptist now next ensuing, surrender( according to the Custom of the said Mannor) the said parcels of Customary Land before Excepted, unto the use and behoof of the said H.A. R.G. and J.T. and their Heirs for ever, and procure them to be admitted unto the same accordingly, to hold according to the Custom of the said Mannor, freed and discharged of all Forfeitures, Charges and encumbrances, done or suffered by him the said J. W. or F. W. his Father, or either of them. In witness, &c. An Indenture of Bargain and Sale of Goods, specified in a Schedule, the Vendor being to have the use of them for Life, amending such of them as shall be impaired by the use. THis Indenture made the 10th day of, &c. Between E.S. Widow and Relict of T.S. late of L. in the County of H. Esq; deceased, of the one part, and J. N. of, &c. of the other part. Whereas the said E. S. is at present under very great necessity and want, and hath urgent occasion for a certain Sum of Money, to help and relieve her under and out of the same, and is willing and desirous to raise the same by the Sale and disposition of all her Goods, Chattels and household-stuff, bonâ fide; But in such manner, that she the said E. S. may have the reasonable use of them for her Natural life, and to that purpose hath agreed with the said J. N. who upon valuation of the same Goods and household-stuff, is willing to advance such Sum of Money to her the said E. accordingly. Now this Indenture witnesseth, That upon the Consideration aforesaid, she the said E. S. in Consideration of the full and just Sum of, &c. of lawful Money of England, to her the said E. S. or to her use and benefit, in hand paid or secured to be paid by, the said J. N. the receipt whereof is hereby acknowledged, Hath given, granted, bargained and sold, and by these presents Doth give, grant, Grant. bargain and sell unto the said J. N. all and singular the several and particular Goods, Chattels, household stuff, Utensils and Furniture of her the said E. S. in a Schedule hereunto annexed, particularly expressed, mentioned and described, by what Name or Names soever the same are called or known, and of what kind, quality, nature and condition soever the same are, with their and every of their Appurtenances and Incidents, and all the Estate, Right, Title, Interest, Property, Claim and Demand, which she hath or may have to the same or any of them; To Have, hold, occupy and enjoy the same, to and by the said J.N. his Executors, Administrators and Assigns, to his and their own proper use and uses, at all time and times hereafter, saving as in and by hese Presents is hereafter covenanted and agreed between the said Parties. That Grantor hath good Title, &c. And the said E.S. doth by these presents, covenant with the said J.N. that she hath good Right and Title to all and singular the said Goods, Chattels, household-stuff, Utensils and Furniture in the said Schedule hereunto annexed, particularly mentioned and described, and to make the Grant and Sale thereof above-mentioned, and that her Executors and Administrators shall suffer all lawful and necessary acts and things, for the taking and carrying of the same away at her death. And these presents further witness, That in pursuance of the said Agreement, and in Consideration that the said E.S. hath abated a considerable Sum of the real Value of the said Goods and Chattels for the damage they may receive during the Life of the said E. S. by her use thereof, which the said Parties have agreed upon: That she shall have the use thereof during her Life, &c. The said J. N. doth by these presents covenant, promise and agree, to and with the said E.S. That she the said E.S. shall and may, during her Natural life, use, wear and employ the said Goods, Chattels, household-stuff, Utensils and Furniture above-mentioned, to be hereby Bargained and Sold in a reasonable manner, in such plight and place as they are now in, without altering the same, and with amending such of them as may want amendment during her use thereof, as aforesaid, and not otherwise. In witness, &c. The Top of the Schedule thus: A Schedule Indented of all and singular the Goods, Chattels, household-stuff, Utensils and Furniture in the Indenture mentioned, to which this Schedule is annexed. A Bill of Sale of part of a Vessel. TO all Christian People to whom these Presents shall come, R. R. of, &c. sendeth Greeting. Know ye, That I the said R.R. for and in Consideration of the Sum of, &c. of lawful money of England to me the said R. R. by S.T. of, &c. master, in hand well and truly paid, the receipt whereof I do hereby aclowledge, and thereof and of every part thereof, do acquit and discharge the said S. T. his Executors and Administrators, by these presents, Have aliened, granted, bargained and sold, and by these presents do alien, grant, Grant. bargain and sell unto the said S.T. his Executors, Administrators and Assigns, one Moiety or Half-part or share of a certain Ship or pink called the Katharine of H. of the Burden of 200 Tun, or thereabout, and one Half-part of all and singular the Masts, Sails, Dile-yards, Ropes, Anchors, Cables, Tackle, Apparel, Cock-boat and Furniture whatsoever unto the same pink now belonging or appertaining; To Have and to hold the said Moiety of the said pink, Habendum. and of all and singular other the premises, with their appurtenances, unto the said S. T. his Executors, Administrators and Assigns, to his and their own use and behoof by these presents. And I the said R.R. for me, my Heirs, Executors and Administrators, Covenant, That he hath power to grant, &c. do covenant and grant with the said S. T. his Executors, Administrators and Assigns, by these presents, That I the said R. R. at the time of the ensealing and delivery of these presents, have good Right and lawful Authority to alien, grant, bargain and sell the said Moiety of the said pink or Vessel, and all and singular other the premises, with their appurtenances, unto the said S. T. his Executors, Administrators and Assigns, in manner and form aforesaid. In witness whereof I the said R.R. have hereunto put my Hand and Seal this 〈◇〉 day of 〈◇〉 in the 〈◇〉 year of, &c. Annoque Dom', &c. A short dead of Bargain and Sale of Goods in Trust for payment of Debts, and allowing the Grantor yearly Allowance during his Life. THis Indenture made, &c. Between R.F. &c. of the one part, and W. F. on the other part, Witnesseth, That the said R. F. as well for and in Consideration Consideration. of the Sum of, &c. of lawful Money of England, paid or secured to be paid by the said W. F. for the proper Debts of the said R.F. unto divers persons in the Schedule hereunto annexed particularly name: As also for divers other good and valuable Causes and Considerations him the said R. F. thereunto especially moving, Hath granted, bargained and sold, and by these presents doth absolutely grant, Grant. bargain and sell unto the said W. F. his Executors Administrators and Assigns, all and singular his Goods, household-stuff, Implements of household and Husbandry, cattle and Chattels, and Personal Estate whatsoever, movable and unmovable, quick and dead, of what kind and sort soever they be; Habendum. To Have and to Hold all and singular the said Goods and household-stuff, Implements of household and Husbandry, Cattle and other Chattels and Personal Estate whatsoever, unto the said W. F. his Executors, Administrators and Assigns, to his and their own proper use, benefit and behoof. And the said W. F. for himself, Covenant, That Grantee will pay Grantors Debts. his Executors and Administrators, Doth covenant, promise and grant to and with the said R.F. his Executors, Administrators and Assigns, by these presents, in manner and form following;( That is to say,) That he the said W. F. his Heirs, Executors, Administrators and Assigns, or some of them, shall and will well and truly satisfy, pay and discharge the several Debts and Sums of Money in the said Schedule indented, to these presents annexed particularly mentioned, unto the respective person and persons nominated and appointed in and by the same Schedule for the receipt thereof, and of and from the same, and all expenses, disbursements and payments concerning the same, shall save harmless and indemnified the said R. F. his Heirs, Executors and Administrators, and every of them. Grantor to pay Grantee yearly such a Sum during Lfie of Grantee. And also, That he the said said W. F. his Heirs, Executors or Administrators, or some of them, shall and will yearly and every year, during the Natural life of the said R. F. well and truly pay or cause to be paid unto the said unto the said R. F. and his Assigns, upon every 25th day of March, the Sum of, &c. of lawful Money of England, the first payment to begin on the, &c. day of March, which shall be in the Year of our Lord, Covenant for quiet Enjoyment. &c. And the said R. F. for himself, his Heirs, Executors and Administrators, hereby covenanteth and agreeth, to and with the said W. F. his Executors, Administrators and Assigns, That he the said W.F. and his Assigns, shall or may quietly hold and enjoy all and every the said bargained Goods and Chattels, without the interruption or disturbance of the said R. F. or of any other, by or through his means, act, consent or procurement. In witness, &c. A short dead of Bargain and Sale of Lands in Fee, to be enrolled. THis Indenture made, &c. day of, &c. Between G. D. of the City of London Gent. on the one part, and T. F. of, &c. in the County of M. on the other part witnesseth, That the said G. D. for and in Consideration Consideration. of the Sum of, &c. pounds of lawful money of England, to him in hand paid by the said T. F. before the ensealing and delivery of these presents, the receipt whereof he doth hereby aclowledge, and thereof, and of every part and parcel thereof doth fully, clearly and absolutely acquit, exonerate and discharge the said T. F. his Executors and Administrators, by these presents, and for divers other good causes and considerations him thereunto moving, he the said G.D. Hath granted, bargained, sold, aliened, enfeoffed and confirmed, and by these presents doth grant, Grant. bargain, sell, alien, enfeoff and confirm unto the said T. F. and his Heirs, all that messsage or Tenement with the Appurtenances, called or known by the name of Sterdens alias Sterdens place lying and being in L. in the Parish of N. in the County of G. And all and singular Houses, Buildings, Barns, Dove-houses, Yards, Orchards and Gardens to the same adjoining and belonging, and also the Reversion and Reversions, Remainder and Remainders, Right, Estate, Title, Interest, Benefit, Claim and Demand whatsoever of him the said G. D. of, in, and to all and singular the said premises, and of, in, and to every part and parcel of them, and of, in, and to all yearly and other Rents and Profits reserved, upon any Demise or Lease of the said premises or any part thereof, Habendum. To Have and to Hold the said messsage or Tenement, and all and singular other the premises, herein before mentioned and intended to be hereby granted, with their and every of their Appurtenances unto the said T. F. his Heirs and Assigns for ever, to the only use and behoof of him the said T. F. his Heirs and Assigns for ever more. Warranty. And the said G. D. for himself and his Heirs, the said messsage and Tenement, and all and singular other the premises, with their and every of their Appurtenances, unto him the said T. F. his Heirs and Assigns, against him the said G. D. his Heirs and Assigns, shall and will warrant and for ever defend by these presents. In witness, &c. A Bargain and Sale of Lands by dead enrolled more at Large, and very full Covenants, very apt in most Conveyances. THis Indenture made, &c. Between J. R. of, &c. in the County of, &c. A. R. Widow T. R. and T. S. of the one part, and E. M. of the other part witnesseth, That they the said J. R. A. R. T. R. and T. S. for and in Consideration Consideration. of the Sum of, &c. of lawful money of England, unto them or some or one of them, by and with the consent of the other of them, in hand paid by the said E. M. before the ensealing and delivery hereof, The receipt whereof they do hereby aclowledge and confess, and thereof do acquit and release the said E.M. his Heirs, Executors and Administrators, and every of them by these presents, and for divers other good and valuable Causes and Considerations them thereunto especially moving, Have granted, bargained, sold, aliened, released and confirmed, and by these presents do fully, freely, clearly and absolutely grant, Grant. bargain, sell, alien, release and confirm unto the said E. M. his Heirs and Assigns, all that messages Cottage or Tenement, &c. and particularly mentioned and expressed in a Terrar or a Schedule indented, unto these presents annexed, and also all Houses, Edifices, Buildings, Barns, Stables, Orchards, Gardens, Yards, Backsides, Easments, Ways, Paths, Passages, Trees, Woods, Underwoods, Hedges, Ditches, Fences, Mounds, Commons and Common of Pasture, ston, Meadow and all other Profits, Commodities, Emoluments, Hereditaments and Appurtenances whatsoever, to the said mentioned bargained messsage, Cottage or Tenement, and other the said premises or any of them belonging or in any wise appertaining or therewith usually used, occupied or enjoyed or accepted, reputed, taken or known to be as part, parcel or member thereof: And also the Reversion and Reversions, Remainder and Remainders thereof, and all Rents and Services reserved, and to be hereafter due and payable upon any Demise or Lease or other Estate whatsoeever made of the said mentioned bargained premises or any part or parcel thereof, with the Appurtenances unto any person or persons whatsoever, And also all the Estate, Right, Title, Interest, Claim, Property and Demand whatsoever, of them the said F. R. A. R. T. R. and T. S. and every of them, their and every of their Heirs and Assigns, of and to the same, and also all Deeds, Evidences, Charters, Writings, Escripts, and Minuments whatsoever, only touching or concerning the said mentioned bargained premises, or only any part thereof, which the said J. R.A.R.T.R. and T.S. have or any of them, hath or may or can lawfully come by without svit in Law or expense of money, And also true Copies of all other Deeds, Evidences, Charters, Writings, Escripts and Minuments whatsoever, which do any way concern the said mentioned granted premises or any part thereof, together with any other Lands, Tenements or Hereditaments which the said J. R. A. R. T. R. and T. S. have or any of them, hath or may or can lawfully come by without svit in Law or expense of money, The same Copies to be made and written at the charges of the said E. M. his Heirs and Assigns, Habendum. To Have and to hold the said mentioned granted messsage, Cottage or Tenement and premises with the Appurtenances and every part thereof, unto the said E. M. his Heirs and Assigns, To the only proper use and behoof of the said E. M. and of his Heirs and Assigns for ever, Tenendum. To be holden of the chief Lord or Lords of the Fee or Fees of the premises, by the Rents and Services for the same due and of right accustomend, Warranty. And the said J.R. and his Heirs and Assigns, the said mentioned and granted premises with the Appurtenances, unto the said E. M. his Heirs and Assigns, against him the said J. R. his Heirs and Assigns, shall and will warrant and for ever defend by these presents. The same Warranty from A. R. T. R. and T. S. severally. A Covenant that they are seized. And the said J. R. A. R. and T. R. do for themselves severally and respectively and not jointly, nor the one for the other of them, nor the one for the act, neglect or default of the other of them, and for their several and respective Heirs, Executors and Administrators, and every of them Covenant, Promise, Grant and Agree, to and with the said E. M. his Heirs, Executors, Administrators and Assigns, and every them of by these presents in manner and form following;( that is to say,) That they the said J.R. A. R. T. R. and T. S. now at the time of the sealing and delivery of these presents, are and stand, or some or one of them is and standeth lawfully seized of, and in the said mentioned bargained premises and every part thereof, with the Appurtenances of and in a good, sure, absolute and indefezable Estate of Inheritance, in Fee-simple, without any Condition, Limitation, Mortgage or Use to alter, change, cease, determine or make voided the same, and so shall hereof be, and stand seized until the Estate shall be well and sufficiently executed, upon and by virtue hereof, and according to these presents; And that they the said J.R. A. R. T.R. and T. S. now are or some or one of them is the true, lawful and rightful owners or owner of the said mentioned bargained premises and every part thereof, And so have or some or one of them hath good right, full power and lawful and absolute authority to grant and convey the same, and every part thereof unto the said E. M. his Heirs and Assigns for ever according to the true intent and meaning of these presents. A Covenant for quiet enjoyment. And also that he the said E. M. and his Heirs and Assigns, shall or may peaceably, quietly, have, hold and enjoy the said mentioned granted premises with the Appurtenances, and every part thereof, not only without the lawful let, svit, hindrance, interruption, eviction, molestation or disturbance of the said J. R. A. R. T. R. and T. S. or any of them, their or any of their Heirs or Assigns, or any of them, or any other person or persons whatsoever, having, claiming or deriving, or that shall or may lawfully have, claim or derive any lawful Estate, Right, Title or Interest into or out of the said mentioned granted premises, with the Appurtenances or any part thereof, from, by or under them the said J. R. A. R. T. R. and T. S. or any of them, their or any of their Heirs or Assigns, or any of them, or from, by or under their or any of their act or acts, means, consent, neglect, default or encumbrance, preconveyance, privity or procurement; but also freed and discharged, or otherwise upon reasonable request, Covenant to be free from Incumberances. in that behalf to be made well and sufficiently saved and kept harmless,— and indemnified by the said J. R. A. R. and T. R. their Heirs, Executors and Administrators, or some of them, of and from all former and other Bargains, Sales, Gifts, Grants, Feoffments, jointures, Dowers, Leases, Wills, cavils, Statutes Merchant and of the Staple, Judgments, recognisances, Mortgages, Executions, Rents Charge, Rents sack, arrearages of Rents and Services Covenant, Rents and all other Charges, Titles, Troubles and encumbrances whatsoever, had, made, done, suffered or procured, or to be had, made and suffered or procured by the said J. R. A. R. T. R. and T. S. or any of them, their or any of their Heirs or Assigns, or any of them, or by any other person or persons whatsoever, by through or with their or any of their act or acts, means, consent, neglect, default, privity or procurement. A Covenant for further assurance. And further, that they the said J. R. and Eliz. his Wife, A. R. T. R. and Elioner his Wife, and T. S. and Jane his Wife, and every of them and the several Heirs and Assigns of the said J. R. A. R. T. R. and T. S. and every of them, and all and every other person and persons whatsoever, lawfully having, claiming or deriving, or that shall or may hereafter lawfully have, claim or demand any lawful Estate, Right, Title or Interest, in, to or out of the said mentioned premises or part any thereof, with the Appurtenances, from, by or under them the said J. R. T. R. and T. S. or any of them, their or any of their Heirs or Assigns, or any of them, shall and will at all times during the space of ten years next ensuing the date hereof, upon the lawful and reasonable request, and at the cost and charges in the Law of the said E. M. his Heirs and Assigns, make, do, aclowledge, levy, suffer, perfect and execute, or cause to be made, done, acknowledged, suffered, perfected and executed unto the said E. M. his Heirs and Assigns, all and every such other, and further lawful and reasonable Act and Acts, device and devices, Conveyances and Assurances in the Law whatsoever, for the further and better granting, conveying and assuring of the said mentioned granted premises, with the Appurtenances unto the said E. M. his Heirs and Assigns, Be it by Fine, Feoffment, Recovery, dead or Deeds enrolled or not enrolled, the enrolment of these presents Release or Confirmation, Surrender, Attornment, or by any other lawful ways or means whatsoever, As by the said E.M. his Heirs or Assigns, or his or their council learned in the Law, shall be reasonably devised, advised and required, so as such further assurance or assurances shall not extend to any further defence, warranty or covenants than as aforesaid, and so as no person or persons that shall be required to make such further assurance or assurances, be hereby compelled or compellaable to travail above the space of ten miles, from their or any of their Habitations or abode for or about the same, A Covenant from T S. for quiet enjoyment. And the said T. S. for himself, his Heirs, Executors and Administrators, and every of them doth doth covenant, promise, grant and agree, to and with the said E. M. his Heirs, Executors, Administrators and Assigns, and every of them by these presents, that the said E.M. his Heirs and Assigns, shall or may at all times hereafter, peaceably and quietly have, hold, use, occupy, possess and enjoy the said mentioned, bargained, premises and every part thereof with the Appurtenances, without the lawful let, svit, trouble, interruption, eviction, molestation or disturbance of the said T. S. his Heirs or Assigns, or any of them, or of any other person or persons whatsoever, having or lawfully claiming to have, or which at any time or times hereafter, shall or may have or lawfully claim to have any lawful Estate, Right, Title or Interest, in or out of the said mentioned bargained premises or any part thereof with the Appurtenances, by, from or under the said T. S. his Heirs or Assigns, or any of them, or from, by or under his their act or acts, means, consent, neglect, default, encumbrance, privity or procurement. And lastly, It is covenanted, granted and declared, by and between the said parties to these presents, that all Fines, Feoffments, Recoveries, Conveyances and other Assurances whatsoever had or made, or to be had or made of the said mentioned granted premises, either by themselves alone or together with any other Lands or Tenements, between the said parties to these presents, either by themselves alone or together, with any other person or persons whatsoever, shall be and enure to the use and behoof of the said E. M. and of his Heirs and Assigns for ever, and to no other use, behoof, intent or purpose whatsoever. A Sale of Lands by Lease and Release, wherein is a Covenant to Levy a Fine. The Bargain and Sale, or a Lease for a Year, to put in Possession according to the Staute, &c. THis Indenture, &c. Between A. B. of the one part, and C. D. of the other part, Witnesseth, That the said A. B. for and in Consideration Consideration. of the Sum of 5 s. of lawful Money of England, to him in hand paid by the said C. D. the receipt whereof he doth hereby aclowledge, Hath bargained and sold, Gran● and by these presents doth bargain and sell unto the said C. D. All that, &c. and the Reversion and Reversions, Remainder and Remainders, together with the Rents and Profits of the premises, and of every part and parcel thereof; To Have and to Hold the said, &c. Habendum. and all and singular the premises herein mentioned, and intended to be hereby bargained and sold, with their and every of their Appurtenances, unto the said C. D. his Executors, Administrators and Assigns, from the day before the date hereof, for and during the Term of one whole year from thence next ensuing, and fully to be complete and; Reddend. Yielding and paying therefore the yearly Rent of one Pepper-corn at the Feast of St. Michael the Archangel only, if the same be lawfully demanded, to the intent, that by virtue of these presents, and of the Statute for Transferring of Uses into possession, the said C. D. may be in the actual possession of the premises, and be enabled to accept a Grant of the Reversion and Inheritance thereof to him and his Heirs. In witness, &c. The Release. THis Indenture made, &c. Between A. B. and E. his Wife of the one part, and C. D. of the other part, Witnesseth, That the said A. B. and E. his Wife, for and in Consideration Consideration. of the Sum of, &c. of lawful Money of England, to the said A.B. and E. his Wife, or either of them, in hand paid by the said C. D. at or before the ensealing and delivery of these presents, the receipt whereof they the said A. B. and E. his Wife do hereby aclowledge, and thereof, and of every part and parcel thereof, doth clearly acquit and discharge the said C. D. his Executors and Administrators, and every of them, by these presents, Have given, granted, aliened, released and confirmed, and by these presents do give, grant, Grant. alien, release and confirm unto the said C.D. and to his Heirs and Assigns, all, &c. together with all and singular the Houses, Out-houses, Edifices, Building, Barns, Stables, Orchards, Gardens, Commons, Common of Pasture, Ways, Waters, Water-courses, Profits, Commodities, Hereditaments and Appurtenances whatsoever, to the said, &c. belonging or in any wise appertaining, or therewith used, occupied or enjoyed, or accepted, reputed, taken and known, as part, parcel or member thereof;( All which said premises now are in the actual possession of him the said C.D. by virtue of one Indenture of Bargain and Sale to him thereof made for the term of one year, bearing date the day before the date of these presents, and made between the said A. B. and E. his Wife of the one part, and the said C.D. of the other part, and by virtue of the Statute for Transferring of Uses into possession;) And all the Estate, Right, Title, Interest, Use, Trust, Property, Reversion, Claim and Demand whatsoever of them the said A. B. and E. his Wife, of, in and to the said premises, and every or any part or parcel thereof, and the Reversion and Reversions, Remainder and Remainders yearly, and other Rents and Profits of the premises, and of every part and parcel thereof, together with all and singular Deeds, Evidences, Writings, Records, Exemplification of Record, Escripts and Minuments whatsoever, touching or concerning the said premises only, or only any any part or parcel thereof; To Have and to Hold the said, Habendum. &c. all and singular other the premises herein before-mentioned, meant or intended to be hereby granted, aliened, released or confirmed, and every part and parcel thereof, with their and every of their Appurtenances, unto the said C.D. his Heirs and Assigns, to the only proper use and behoof of him the said C. D. and of his Heirs and Assigns for ever, Tenendum. To be holden of the Chief Lord or Lords of the Fee or Fees of the premises, by Rents and Services for the same, due, and of right accustomend. And the said A.B. and C. his Wife, their Heirs and Assigns, Warranty. the said mentioned granted premises, with the Appurtenances, unto the said C. D. his Heirs and Assigns, against them the said A. B. and C. his Wife, their Heirs and Assigns, shall and will Warrant and for ever defend by these presents. And the said A. B. doth covenant, Covenant to Levy a Fine. grant and agree, to and with the said C. D. his Heirs and Assigns, and every of them by these presents, That the said A. B. and E. his Wife, shall and will before the end of Michaelmass Term next ensuing the date hereof, in due form of Law, levy and aclowledge one or more Fine or Fines, Sur conusance de droit come ceo, &c. with Warranty against the said A. B. and his Heirs, before his Majesties Justices of the Court of Common-Pleas at Westminster, whereupon Proclamations shall and may be had and made according to the usual course of such Fines, with Proclamation for assurance of Lands in such cases used, and the form of the Statute in that behalf made and provided, unto the said C. D. his Heirs and Assigns, of all the said, &c. and all and singular other the premises herein before-mentioned, meant or intended to be hereby granted, aliened, released and confirmed, and every part and parcel thereof, with their and every of ●heir Appurtenances, by such apt and convenient name and names, quantities, qualities, contents and numbers of Acres and things therein to be comprised, as the said C. D. his Heirs and Assigns, his or their Counsel learned in the Laws, shall advice or think fit, which said Fine or Fines, so as aforesaid, or in any other manner to be levied, and all and every other Fine and Fines, Recovery and Recoveries, Conveyances and Assurances in the Law whatsoever, heretofore had, made and executed by and between the said parties to these presents, their Heirs and Assigns, or any of them, of the said, &c. and other the said premises, or any part or parcel thereof, shall be and enure, and shall be adjudged, construed, deemed and taken to be and enure to the only proper use and behoof of him the said C. D. and of his Heirs and Assigns for ever, and to no other use, intent or purpose whatsoever. And the said A.B. for himself, his Heirs, Executors and Administrators, and every of them, doth covenant, grant and agree to and with the said C. D. his Heirs and Assigns, and every of them by these presents, in manner and form following; The Grantor is seized in Fee. ( That is to say,) That he the said A. B for and notwithstanding any act, matter or thing whatsoever, had made, done, or witting or willingly committed or suffered by him the said A. B. to the contrary, now is, and standeth lawfully, rightfully and absolutely seized of the said, &c. and of all and singular other the premises herein before-mentioned, meant or intended to be hereby granted, aliened, released and confirmed, and every part and parcel thereof, with their and every of their Appurtenances, of a good, sure, perfect and indefeazible Estate of Inheritance in Fee-simple. And that it shall and may be lawful to and for him the said C.D. his Heirs, Tenants and Assigns, from time to time, and at all times hereafter( according to the purport, true intent and meaning of these presents) peaceably and quietly to enter into and upon, have, hold, occupy, Covenant for quiet Enjoyment, freed ftom encumbrances, &c. possess and enjoy to his and their proper use and behoof, the aforesaid, &c. and all and singular other the premises herein before-mentioned, meant or intended to be hereby granted, aliened, released and confirmed, and every part and parcel thereof, with their and every of their Appurtenances, without any lawful or equitable let, svit, trouble, denial, disturbance, expulsion, eviction, interruption, claim and demand of him the said A. B. his Heirs and Assigns, or any other person or persons whatsoever, claiming or to claim any Estate, Right, Title or Interest, of, in or out of the said premises, or any part thereof, by, from or under him the said A.B. and that free and clear, freely and clearly exonerated, acquitted and discharged, or otherwise upon Request therefore to be made, well and sufficiently saved harmless and indemnified by him the said A. B. of and from all manner of former and other Gifts, Grants, Bargains, Sales, Feoffments, Leases, Estates, Mortgages, jointures, Dowers, Wills, Entails, Fees, Fines, Forfeitures, Issues, Seizures, Amerciaments, Statutes Merchant and of the Staple, recognisances, Judgments, Extents, Executions, Rents and Arrears of Rents, and of and from all and all manner of former and other Acts, Uses, Leases, Titles, Troubles, Charges and encumbrances whatsoever, had, made, caused, omitted, done or suffered, or to be had, made, caused, committed, omitted, done or suffered by the said A. B. his Heirs or Assigns, or any of them, or by any other person or persons whatsoever, claiming or to claim any lawful or equitable Estate, Right, Title or Interest, of, into or out of the said premises, or any part thereof, by, from or under the said A. B. And further, That he the said A. B. Covenant for further Assurance. his Heirs and Assigns, and all and every person and persons whatsoever, having or lawfully claiming, or which shall or may at any time hereafter, have or claim any lawful or equitable Estate, Right, Title or Interest, of, into or out of the said, &c. and all and singular other the premises herein before-mentioned, meant or intended to be hereby granted, aliened, released and confirmed, with their and every of their Appurtenances, or any part or parcel thereof, from, by or under, or in Trust for the said A.B. his Heirs or Assigns, shall and will at any time, within the space of Seven years next ensuing the date hereof, upon request and at the cost and charges in the Law, of the said C. D. his Heirs or Assigns, do, make, levy and aclowledge, execute and suffer, or cause or procure to be done, made, levied and acknowledged, executed and suffered, all and every such further, lawful and reasonable assurance and act in Law, for the further, better and more absolute assuring and conveying of the same, &c. and all and singular other the premises herein before-mentioned, meant or intended to be hereby granted, aliened, released and confirmed, and every part thereof, with their appurtenances, unto the said C.D. his Heirs and Assigns, to the use of him the said C.D. his Heirs and Assigns, according to the true intent and meaning of these presents, be it by Fine or Fines, Recovery or Recoveries, or otherwise, as by him the said C. D. his Heirs or Assigns, his or their Counsel learned in the Law, shall be reasonably devised, advised or required, so as nothing in such act or assurance, extend to or comprise any further Warranty or Covenants than in these presents are contained, and so as no person so doing or suffering thereof, be compelled to travail above 10 Miles from his or their usual abode or habitation. And lastly, It is hereby declared by and between the said parties to these presents, That all and singular such subsequent Conveyances and Assurances of the said, &c. and premises, or any part or parcel thereof, shall be and enure, and are by these presents declared to be and enure to the only proper use and behoof of him the said C. D. and of his Heirs and Assigns for ever. In witness, &c. A Bargain and Sale of a parcel of Timber, and the next Fall or Cutting of eight Acres of Coppice-Wood. THis Indenture made, &c. Between W. L. of, &c. on the one part, and J.S. of, &c. and R K of, &c. on the other, Witnesseth, That the said W. L. as well for and in Consideration of a competent Sum of Money mentioned in certain Articles of Agreement in Writing Indented, made between the said W. L. of the one part, and the said J. S. and R. K. on the other part, dated the 〈◇〉 day of, &c. in the year aforesaid, for the Coppice, Wood, Timber and Implements hereafter in these presents mentioned, and for certain Mills and Grounds at B. in the aforesaid County of W. to him the said W.L. in part before the ensealing and delivery of these presents paid, and the rest to be secured to be paid according to the said Articles of Agreement in part, of performance of the said Articles on his part to be performed, Hath granted, bargained and sold, and by these presents doth grant, bargain and sell unto the said J. S. and R.K. their Executors, Administrators and Assigns, all that Timber lying at or near, &c. and which was bought before Michaelmas last past of R. B. &c. for the present necessary repairing of the aforesaid Mills, which are called B. Mills, together with all those Implements and Instruments, which now are in or about and belonging to the said Mills, and which are or were the proper Goods of him the said W. L. at the time of the date of the said Articles of Agreement; To have and to hold the said Timber and Utensils unto the said J. S. First Habend'. and R. K. their Executors, Administrators or Assigns, to their and every of their own proper use and uses for ever. And further, The said W. L. for the Consideration aforesaid, and in performance of further part of the said Articles of Agreement on his behalf to be performed, Hath further granted, bargained and sold, and by these presents doth further grant, bargain and sell unto the said J.S. and R. K. their Executors, Administrators or Assigns, all that the next Fall and Cutting of 8 Acres of Coppice-Wood and Crops now standing and being in a certain Coppice-Wood called B. Wood in M. in the aforesaid County of W. they the said J. S. and R. K. their Executors, Administrators or Assigns, not heading or cutting the Tops of any three or Trees there not formerly headed, or whose Tops have not been formerly cut off, and also Falling and Cutting, and Cropping the same Coppice-Woods and Crops of Trees in due and seasonable times, and ridding and carrying the same away before the 24th of J. next ensuing, without picking or choosing of any part or parcel dispersedly, but taking it as it stands together, and from side to side, and going on forward in length and breadth together for the whole 8 Acres,( the Soil of the same Coppice-Wood, and all Timber Trees therein standing, growing or being, and usual accustomend Standils there to be left, as are or have been, or ought in such like case of Falling of Wood left standing, excepted and always reserved unto the said W.L. his Heirs or Assigns) To Have and to hold, take, receive, Second Habend. perceive and enjoy the said Coppice of Wood and Crops of Trees so to be fallen, cut and cropped as aforesaid, unto the said J.S. and R.K. their Executors, Administrators and Assigns, and to their and every of their uses for ever. And the said W.L. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said J.S. and R.K. and either of them, their and either of their Executors, Administrators and Assigns, and to and with every of them by these presents, That they the said J. S. and R. K. their Executors, Administrators or Assigns, shall and may quietly and peaceably have, hold, take, receive, Covenant, That the Grantees shall have quiet possession. &c. perceive and enjoy all and singular the said Coppice-Wood and Crops of Trees, or herein or hereby meant, mentioned or intended to be granted, bargained and sold, and every part thereof, with liberty to cut, fall, fetch and carry away the same to their and every of their own proper use and uses for ever, without any let, trouble, molestation, disturbance or denial of him the said W. L. his Heirs or Assigns, or any person or persons lawfully claiming from, by or under him or them, or any or either of them. And the said J. S. and R. K. for themselves and either of them, their and either of their Executors, Administrators and Assigns, and for every of them, covenant, promise and grant to and with the said W. L. his Heirs, Executors and Assigns, and to and with every of them, That they the said J.S. and R.K. their Executors, That Grantees shall cut 'em down, and carry 'em away by such a day. Administrators or Assigns, shall and will Cut and Fall the aforesaid 8 Acres of Coppice-Wood and Crops of Trees, so bargained and sold as aforesaid, and rid and carry away the same before the aforesaid 24th day of J. now next ensuing, and shall take and cut the same in the order herein before prescribed for Cutting and Falling thereof together, and not in parts dispersedly, leaving Standils there, according to Law and use in that behalf; And shall not Top or Head, or cut off the Head of any three or Trees there not formerly Headed. In witness, &c. Chancery Proceedings. To the Right Honourable Heneage Lord Finch, Baron of Daventry, Lord high Chancellor of England. HUmbly Complaining sheweth unto your Lordship your daily Orator T.H. of M. A Master of a Ship sells several Bushels of Salt to the Complaynant, for which he received part of the money, in Hand and Bond in his own name for the residue. The owner of the Ship and Goods threatens to Sue the Complaynant at Law for the same, against which the complainant brings his Bill to be relieved, and the Master answers a power from the owner, &c. in the County of C. Merchant, That one J. A. of F. in the said County of C. master, on or about the Month of December, in the Year of our Lord One thousand six hundred seventy and five, came into the Mount Peer in cornwall, with a Ship or Vessel called the Mary of Bantry in Ireland, which was laden with Salt, and was as he pretended Master of the said Ship, and had power as he alleged to your Orator from one Thomas Raddy, who was the owner of the said Ship and Goods, to sell the said Salt and Lading, and in order thereunto did offer to sell unto your Orator the Salt on Board the said Ship; whereunto your Orator giving credit and relying on the affirmations of the said J. A. did on or about the said Month of December, in the said Year of our Lord One thousand six hundred seventy and five, agree with him for to buy of him two hundred and forty Bushels of the said Salt, which was aboard the said Ship, at the price of forty eight pounds six shillings and six pence, whereof twenty eight pounds six shillings and six pence, was agreed between your Orator and the J. A. to be paid in hand, and which your said Orator paid to him accordingly, and your Orator then agreed to give and accordingly did give, and enter into one Bond, of the penaly of forty pounds or thereabouts, to the said J.A. for payment to him of the Sum of twenty pounds, being the residue of the price of the said Salt, on the four and twentieth day of June, in the Year of ou● Lord One thousand six hundred seventy and six, and your Orator thereupon had and received the said Salt, and ought not to have been questioned or molested touching the same, And your Orator further sheweth, that the said J. A. after the entering into of the said Bond, and before the said twenty pounds was thereby payable, to wit on or about the nineteenth day of February, in the Year of our Lord One thousand six hundred seventy and five, desired your Orator to pay to one William Deble for his use the Sum of forty shillings, which he agreed with your Orator should be allowed, and deducted in part of the twenty pounds on the said Bond, and which said forty shillings, your Orator in pursuance thereof paid to the said W. D. accordingly, and your Orator ought to have the same allowed in part of the said Bond. But so it is, May it please your Lordship, that the said J. A. and the said T. R. have combined and confederated together to charge your Orator doubly, with the payment of the residue of the said twenty pounds secured by the said Bond, and in pursuance thereof the said T. R. before the said four and twentieth day of June, One thousand six hundred seventy and six, at which time the said Bond was payable, taking notice that your Orator had bought the said Salt, acquainted your Orator that the said J. A. had no power to sell the said Salt, and threatened, that unless your Orator would pay the residue of the said twenty pounds, deducting the said forty shillings to him, that he would free your Orator for all the Salt, with which your Orator acquainted the said J. A. and offered to pay him the said eighteen pounds, the residue of the said twenty pounds, so as he would deliver to your Orator the said Bond to be canceled, and discharge and save harmless your Orator against the said demand of the said T. R. as in justice he ought; which nevertheless by the Combination aforesaid he refuseth to do, but hath put the said Bond in svit at the Common Law, and intends to recover the penalty, and your Orator is also in danger and threatened to be sued for the said money by the said T. R. all which doings of the said Confederates, are contrary to Equity and good Conscience: In tender consideration whereof, and for as much as your Orator is remediless in the premises at the Common Law, nor can be protected against the several pretensions of the said Confederates but in this Honourable Court; and the rather for that your Orators witnesses, who could prove the truth of all and singular the premises are dead, or beyond the Seas or in places remote to your Orator unknown. To the end therefore, that the said Confederates who know the premises to be true, may make a discovery thereof, And in particular may set forth whose the said Salt was, and that the said T. R. may particularly set forth, whether he did not give the said J. R. power and authority to sell the same: And that your Orator upon payment of the eighteen pounds, residue of the said twenty pounds secured by the said Bond, to such person to whom the same doth of right belong in full for the said Salt, may have the said Bond delivered up to be canceled and he discharged against the said J. A. and T.R. for and touching the same, and the Salt bought by your Orator as aforesaid, and to the end your Orator may be relieved in the premises: May it please your Lordship, to grant unto your Orator his Majesties most gracious Writ of Subpoena, directed unto the said J. A. and T. R. thereby commanding them and either of them on a certain day, and under a certain time therein to be limited, to be and personally to appear before your Lordship in this honourable Court, then and there upon their Corporal Oaths to answer to all singular the premises, and further to stand to and abide such Order and Decree therein, as to your Lordship shall seem meet. And your Orator shall ever pray, &c. The Answer of J. A. one of the Defendants to the Bill of Complaint of T. H. Complainant. THe Defendant now and at all times hereafter saving to himself, all and all manner of exceptions and advantages to the manifold incertainties, imperfections, insufficiences and defects of the Complainants Bill of Complaint, for a full and perfect answer thereunto, or to so much thereof, as doth any way concern the said Defendant to answer unto; he saith, That he confesseth it to be true, that on or about the Month of December, which was in the Year of our Lord One thousand six hundred seventy and five, He came into the Mount Peer, in the County of C. with the Ship or Vessel, called the Mary of Bantry in Ireland, in the Bill of Complaint mentioned loaden with French Salt: And the said Defendant T. H. further saith, That he was then really Master of the said Ship, And that the said Defendant J.A. was put in Master of the said Ship by one T. R. in the Complainants Bill of Complaint name at Bantry in Ireland, and Sailed her to France to a place called Crosique, and he the said T. R. was as the Defendant believeth owner of the said Ship or Vessel, And this Defendant further saith, That the said Ship was loaden at Crosique aforesaid, with Salt for the account of the said T. R. and to be transported in her to Bantry aforesaid, or any other part or place in England or Ireland, where the said Defendant thought fit: And this Defendant further saith, That the said T. R. ordered the said Defendant at Bantry aforesaid, to sell and dispose of the Salt loaden on board the said Ship or Vessel, at any Port or Place in England or Ireland, where the said Defendant thought fit: And this Defendant further saith, That the said T. R. ordered the said Defendant at Bantry aforesaid, to sell and dispose of the Salt, to be loaden on board the said Ship or Vessel, at any Port or Place the said Defendant thought good, for the best advantage of the said T. R. And this Defendant further saith, That he the said T. R. left the Salt to be loaden on board the said Ship or Vessel, wholly to the disposal of the said Defendant T. H. And this Defendant further saith, That on or about the Month of December, which was in the Year of our Lord One thousand six hundred seventy and five, he did offer the said Salt to sale to the said Complainant, and did to the best of this Defendants remembrance, contract or agree with the said Complainant for two hundred and forty Bushels of the said Salt, which was on board the said Ship, at the price of forty eight pounds six shillings and six pence, which said two hundred and forty Bushels of Salt, were by the said Defendant delivered to the said Complainant, or his order accordingly: And the said Defendant ●urther saith, That he believeth it to be true, that it was agreed between the Complainant and the said Defendant on or about the Month of December, which was in the Year of our Lord One thousand six hundred seventy and five, that the said Complainant should satisfy and pay unto the said Defendant twenty eight pounds six shillings and six pence in hand, in part of the said forty eight pounds six shillings and six pence for the said Salt, and which said Sum of twenty eight pounds six shillings and six pence, the said Defendant acknowledgeth he accordingly received and was satisfied of, forty shillings whereof was paid by this Defendants order to one William D. in the said Complaynants Bill name: And the said Defendant ackowledgeth, that it was further agreed upon, by and between the said Complainant and this Defendant, that the said Complainant should give a Bond or Penal Bill to the said Defendant in forty pounds, for the payment of twenty pounds, for the residue of the money due for the said Salt, and that according to the said Agreement, the Complainant did afterwards on or about the seventeenth day of January, in the Year of our Lord One thousand six hundred seventy and five, seal and deliver a Bond or Penal Bill unto the said Defendant, wherein the said Complainant bound himself in the penalty or Sum of forty pounds unto the said Defendant, for the true payment of twenty pounds at or before the twenty fourth day of June following, as in and by the said Bond or Penal Bill more at large appeareth: And the said Defendant further saith, That he believeth that on or about the nineteenth day of February, One thousand six hundred seventy and five, he did desire the said Complainant to pay unto the said W. D. for his use the said Sum of forty shillings, which said Sum of forty shillings the said Defendant left in the said Complainants hands, and was due unto him besides the said twenty pounds principal debt due and owing in and by the said Bond or Penal Bill as aforesaid: And the said Defendant denieth, that it was agreed upon by and between him and the said Complainant, that the said forty shillings paid to the said W.D. or any part thereof, should be allowed or deducted out of the said Bond or Bill for payment of the said twenty pounds: And the said Defendant utterly denieth, that ever there was any Confederacy or Combination between him and the said T. R. to charge the said Complainant doubly, with the payment of the said twenty pounds, secured by the said Bond or Penal Bill as aforesaid; neither doth this Defendant believe, that ever the said T.R. before the said twenty fourth day of June, One thousand six hundred seventy and six, did acquaint the said Complainant, that the said Defendant J. A. had no power to sell and dispose of the said Salt, for that the said T. R. did order and desire the said Defendant to sell and dispose thereof, and likewise to receive the money for the same, and not only pay himself and the other Mariners or Seamen, which Sailed in the said Ship or Vessel, the Wages due unto him and them, but also to satisfy himself of all other charges and disbursements which the said Defendant had or should be at for Provision, Port charges, reparations and other disbursements in or upon the said Ship or Vessel, during the time of his the said Defendants Sailing in or being Master of the said Ship or Vessel, which the said T. R. promised should be allowed to the said Defendant out of the money which should be raised by the said Salt; and the said Defendant saith, That the account of the Wages and other Disbursements by him laid out and disbursed for the said T. R. amounts to more than the Twenty eight pounds Eight shillings and Six pence, received from the said Complainant, and the said Twenty pounds secured by the said Bond or Penal Bill, for that the Ship was long on the said Voyage, and the said Defendant and Seamen long waited and attended on the said Ship before and after the said Salt was sold, and carried her afterwards to Fowey-Harbour in the County of cornwall by Order of the said T. R. where she was sold by the said W. D. at a public Survey, by the said T. R's Order, for about Forty five pounds: And this Defendant further saith, That he hath given in and delivered unto the said T.R. an account of the said Voyage, and of the whole Money for which the said Salt was sold, and hath made good, allowed and satisfied him on the said account, all the Money for the said Salt, as well the Twenty eight pounds Six shillings and Six pence received of the said Complainant, as the said Twenty pounds for which the Defendant had taken Bond in his own Name, and he the said T. R. is still in this Defendant's debt, over and beyond the Money made of the said Salt: And this Defendant further saith, That when he delivered the account to the said T.R. of the said Voyage, the said T. R. declared, That he was very well satisfied with the account, and did then wish, that he had ordered the said Defendant to dispose of the Vessel, as well as of the Salt; and this Defendant denieth, that he ever confederated or combined with the said T. R. to charge the Complainant doubly with the payment of the said Twenty pounds secured by the said Bond; but verily believeth, that the said Complainant did only suggest and allege the same to give a colour of Equity, and thereby to delay this Defendants proceedings at Law, and keep this Defendant out of his just Debt, and so to weary him out in Law, this Defendant being a Seaman and not able to look after the defence of Law-Suits: And this Defendant further saith, That he knoweth not of any Notice given by the said T.R. to the said Complainant, to detain the said Money due on the said Bond or Penal Bill, or any part thereof, nor ought this Defendant to be kept out of his Money on any such pretence, for that this Defendant had full power to sell the said Salt, and to dispose of the Money thereof made; and this Defendant took the said Bond or Penal Bill in his own Name, because this Defendant was to have the Money thereof, to pay and reimburse him what was due to him for his own Wages, and Wages paid the Seamen, and other Charges in attending on her, and Provisions and Repairs; and the said Complainant cannot in Law be questioned by the said T.R. for the Money of the said Salt, for that this Defendant had good right to sell the same, and to receive and dispose of the Money thereof made, and only to account and answer the Value thereof to the said T.R. which this Defendant hath accordingly done, and this Defendant denieth that he knoweth, that the said T.R. hath told the said Complainant, That he the said Defendant had no power to sell the said Salt, or that the said T.R. threatened to Sue for the same; and this Defendant denieth, that the said Complainant ever offered or tendered to the said Defendant Eighteen pounds of the said Twenty pounds, or any part thereof: But the said Defendant saith, That since the said 24th day of J. 1676. he several times sent to the Complainant for the said Twenty pounds due on the said Bond or Penal Bill, and after demanded the same, and requested the said Complainant to pay the same, and on payment of the said Twenty pounds the said Defendant offered to deliver up unto the said Complainant the said Bond or Penal Bill: But the said Complainant refused to pay the said Money, or any part thereof; and this Defendant doth aclowledge, That for Recovery of the said Debt on the said Bond this Defendant did order the Complainant to be sued at Common Law on the said Bond; and( as this Defendant's Attorney or Solicitor informed him) the Complainant was Arrested for the same, but how far since proceeded this Defendant knoweth not: And this Defendant further saith, That he doth not remember that the said Complainant ever requested, entreated or desired the said Defendant, to save him harmless from the pretended Demand of the said T.R. or ever mentioned the same unto him; and this Defendant saith, in order to the Recovery of the said Money, he hath delivered the said Bond unto his Attorney or Solicitor for prosecution of the said svit; but if the said Complainant will pay the said Defendant his just Debt, Interest and Cost, the said Bond shall be delivered up to the said Complainant to be canceled: And this Defendant denieth all and all manner of Combination or Confederacy with any other person or persons, as in the said Bill of Complaint is untruly suggested and alleged; Without that, that any other matter or thing in the said Complainants Bill of Complaint contained, material or effectual in the Law, to be by this Defendant answered unto, and not herein well and sufficiently answered unto, confessed or avoided, traversed or denied, is to the best of this Defendant's knowledge ●●●e: All which this Defendant is ready to aver, maintain and prove, as this most Honourable Court shall Award, out of which he humbly prayeth to be dismissed with his reasonable Costs and Charges by him about his svit in this behalf most wrongfully sustained and expended. Hec responsio Capt{ur} fuit in domu I.F. Vinarii infra Burgum P. in come C. primo die Maij, Anno regni Dni nr̄i Caroli secundi nunc Regis Anglie, &c. tricesimo, sup sacru pdci defendentis I. A. sup sacro-sancc Dei Evangelin Corporalic tacc coram nobis. A Letter of Attorney in pursuance of a Bill in Chancery. THis Indenture, &c. Between W. D. &c. L.G. &c. W. A. &c. and T. T. &c. of the one part, and D. B. Widow, &c. of the other part. Whereas S.B. late of London, Cooper, deceased, by his Indenture Tripartite, bearing date, &c. made between him the said S. B. and D. Recital of Indentures. his Wife, of the first part, and the said W. A. and J.J. of the second part, and the said L. G. and W.D. of the third part, for the Consideration mentioned, did grant, bargain, sell, assign and set-over to the said W. A. and J.J. L. G. and W. D. several messages, &c. then, or then late in the several tenors or occupations of, &c. or some or one of them, or their or some or one of their Assignee or Assignees, held by several Leases thereof respectively made;( That is to say,) one Indenture dated, &c. from W. G. and his Wife to the said S.B. his Executors or Assigns, for the Term of 14 years and a Quarter of a year, from Michaelmas then next, Yielding and paying for the first two years thereof 35 l. and for the other 12 years of the said Term 50 l. and for the last Quarter of a year 12 l. 10 s. One other Indenture of Lease bearing date the, &c. from J.P. to the said S. B. his Executors and Assigns, from the Birth of our Lord, &c. for and during and unto the full end and Term of 21 years, at and under the yearly Rent of, &c. payable Quarterly, and all and singular yearly Rent and Rents whatsoever, reserved and payable, and to be reserved and payable upon any Demise or Demises, Lease or Leases then made, or then after to be made by or from the said S. B. Habendum. his Executors or Assigns; To Have and to hold the said premises in and by the said recited Indenture granted, bargained or sold, or meant, mentioned or intended to be granted, bargained and sold to the said W.A. T.T. L. G. and W. D. their Executors, Administrators and Assigns, from the day of the date of the said recited Indenture, for and during all the rest and residue of the several Terms then to come and unexpired, freed and discharged of and from the several and respective yearly Ground-Rents, reserved and payable out of and for the same, upon Trust and Confidence nevertheless in them reposed, that they the said W. A. T. T. L. G. and W. D. their Executors, Administrators and Assigns, should and would from time to time, and at all times hereafter, during the Natural life of the said S. B. if the said several and respective Terms thereby granted, did and should so long continue and endure, quietly and peaceably permit and suffer the said S. B. and his Assigns, to have and take, receive, perceive and enjoy to his or their own proper use and behoof, all and singular the Rents and Profits of the said bargained premises, and every part and parcel thereof, with their and every of their Appurtenances, without any let, trouble, interruption, molestation, hindrance, contradiction and denial of them or any of them, their or either of their Executors, Administrators or Assigns; and that from and after the death of the said S. B. in like manner should and would permit and suffer the said D.B. his Wife( if then living) and her Assigns, during her Natural life, if the said several and respective Terms thereby granted, did and should so long continue and endure, quietly and peaceably to have, take, receive, perceive and enjoy to her and their own proper use and behoof, all and singular the said Rents, Issues and Profits of the said bargained premises, and every part and parcel thereof, with their and every of their Appurtenances, as by the said Indenture( relation being thereunto had) the same doth and may, amongst divers other things, more fully and at large appear. And whereas the said S. B. is sithence dead, and the said D. B. did and doth survive him, and is still living. Now this Indenture witnesseth, That the said W.A. T. T. L. G. and W.D. in pursuance of and in obedience to a Decree made in His Majesties High Court of Chancery, on or about the, &c. last past, made between the said D.B. Plaintiff and the said W.A. T.T. L.G. and W. D. Defendants, Letter of Attorney. have authorised and appointed, and in their stead and place put, and by these presents do appoint and authorize, and in their stead and place put the said D. B. and her Assignee or Assignees, their true and lawful Attorney, in their Names, but to her own use and behoof, to ask and sue for, demand recover and receive, and quietly and peaceably to have, take, receive, perceive and enjoy to her own use, all and singular the Rents, Issues and Profits of the said before-recited to be bargained, sold or assigned premises, and every part and parcel thereof, with their and every of their Appurtenances, as well those which have grown due at any time since the death of the said S. B. as which shall at any time hereafter incur and grow due during the life of the said D. B. and to set, let and dispose of the said premises at her own will and pleasure, according to the true intent and meaning of the said recited Indenture of Trust, for and during the Term of her Natural life, in case the said recited Indentures of Lease, or any of them shall so long continue, without any account to be made or given to the said W. A. T. T. L. G. and W. D. or any of them therefore, hereby ratifying and confirming, and holding firm and stable all and whatsoever their said Attorney or her Assigns shall lawfully do, for the recovering and receiving the said Rents and disposal of the premises, and upon the receipt of such Rents and Profits as aforesaid, to give Receipts and Discharges for the same, and the same to be good and valid against them, their Executors, Administrators and Assigns. And the said W.A. T.T. L.G. and W. D. do for themselves severally, and for their several Heirs, Executors and Administrators, and not jointly, nor the one for the other, nor for the Acts and Deeds of one another, covenant, promise and grant to and with the said D. B. her Executors, Administrators and Assigns, That for and notwithstanding any act, Covenant for quiet Enjoyment. matter or thing already done, committed or suffered or to be done, remitted or suffered, by them or any of them, or by their or any of their Executors, Administrators and Assigns, the said D. B. and her Assigns,( she and they paying the Rents and performing the Covenants herein after-mentioned) shall and may have, hold, receive, perceive, take and enjoy all and singular the before mentioned premises with their Appurtenances, and the Rents, Issues and Profits thereof, and every part and parcel thereof to her and their own proper use and behoof, according to the true intent and meaning of the said recited dead or Indenture of Trust and Decree, and not otherwise, and that without any the let, trouble, interruption, molestation, hindrance, contradiction or denial of them, or any or either of them their or any or either of their Executors, Administrators and Assigns, and that they or any of them their or any of their Executors, Administrators and Assigns, shall not nor will during the life of the said D. B. revoke or any way impeach or make voided this present authority, Covenant not impeach or release the authority. or any the powers hereby given to the said D. B. or her Assigns, or Receive, or Release, or otherwise Discharge any Rents, Issues and Profits of the said premises or any part or parcel thereof, whereby to prevent, interrupt, hinder or molest her or them in the receipt thereof, according to the true intent and meaning of the said recited Indenture or dead of Trust and Decree as aforesaid: And the said D. Grantee Covenants to pay the Rents, and perform the Covenants in the original Leases. B. doth for her self her Executors and Administrators, and every of them by these presents, Covenant, Promise and Grant to and with the said W. A. T.T.L.G. and W.G. their Executors, Administrators and Assigns, that( they the said W.A. T. T. L.G. and W. D. their Executors and Administrators, performing the Covenants and Agreements aforesaid, on their and every of their parts to be performed,) she the said D. B. her Executors, Administrators and Assigns, and every of them shall and will from time to time, and at all times hereafter during the several and respective Leases and Terms, in the said Indenture or dead of Trust mentioned or expressed, in case the said D.B. shall so long live, well and truly pay or cause to be paid at the days and times appointed for the payment thereof, the several and respective yearly Rents reserved and payable upon and by the several Leases, whereby the said premises and every part thereof is held, and therefore and therefrom, and of and from every part and parcel thereof, from time to time and at all times hereafter, during the several and respective Terms demised or let as aforesaid,( in case she the said D.B. shall so long live) shall and will exempt, discharge, save, defend and keep harmless and indemnified the said W. A. T. T. L.G. and W. D. and every of them, their and every of their Executors, Administrators and Assigns respectively, and their and every of their Goods and Chattels, Lands, Tenements and every part thereof, for or by reason of the non-performance of any of the Covenants, Provisoes or Agreements whatsoever in the said several recited Indentures of Lease respectively mentioned and reserved. In witness, &c. Special Conditions. A Condition to save harmless the Obligee, from a Bond entred into by him and the Obligor, for performance of Covenants. THe Condition, &c. That whereas the above name C. D. for and at the request of the above bound A.B. together with the said A. B. by one Obligation bearing date, the day of the date above written standeth bound unto E. F. and C.S. &c. in the Sum of, &c. of, &c. Conditioned for performance of the Covenants, Grants, Articles, Payments and Agreements, contained and mentioned in one pair of Indentures bearing date, with the said recited Obligation made or mentioned to be made between the said A. B. on the one part, and the said E. F. on the other part, as in and by the said recited Obligation and Condition more at large appeareth. If therefore the said A. B. his Executors, Administrators and Assigns, and every of them shall well and truly hold, pay, perform, fulfil and keep all and every the Covenants, Grants, Articles, Payments and Agreements contained and mentioned in the same recited Indentures, and in the Condition of the said recited Obligation, which on his and their parts are, or ought to be holden, paid, kept and performed, and that in and by all things according to the purport, true intent and meaning of the same Indentures, and of the Condition of the said recited Obligation, And also shall from time to time and all times hereafter, at his and their own proper costs and charges, clearly acquit and discharge, or otherwise well and sufficiently save and keep harmless and indemnified the said C. D. his Heirs, Executors and Administrators, and his and their Lands, Tenements, Goods and Chattels, and every of them against the said E. F. his Executors, Administrators and Assigns, and all other persons whatsoever, of, for and from the said recited Obligations and Sums of money therein mentioned, and of and from all lawful Actions, Suits, Troubles, Costs, Charges, expenses, Damages and Demands whatsoever, touching or by reason of the same then, &c. A Condition for performance of a Bond of Adventure. WHereas the above name A. B. at the request of the above bound C. D. hath paid unto him the Sum of, &c. of, &c. and is contented for the Conditions hereafter mentioned, to bear the Hazard and Adventure thereof in the good Ship called the, &c. whereof the said C.D. is Commander now bound out upon a Voyage for, &c. in the Service of the Honourable the Governors and Company of Merchants of London, Trading unto the East-Indies, and from thence back to this Port of London, to end her said intended Voyage; Now the Condition of this Obligation is such, that if the said Ship shall forthwith proceed in her said Voyage as aforesaid and not deviate therefrom, And also if the said C. D. his Executors, Administrators or Assigns, or any of them shall in Consideration of the premises well and truly pay, or cause to be paid unto the said A. B. his Executors, Administrators or Assigns, the Sum of, &c. of like money within 30 days next after the said Ship, shall first and next arrive in the River of Thames from her said intended Voyage, and that without fraud or further delay, Then, &c. Another of the same. WHereas the above name A. B. hath the day of the date above written, sold and delivered unto the above bound C.D. one Diamond Ring, &c. and is contented and agreed for the Considerations, and upon the Consideration hereafter mentioned, to bear the hazard and adventure of the value thereof, in and upon the good Ship called the, &c. now out at Sea upon a Voyage from the East-Indies to the Port of London, during the said Voyage of which Ship J.S. was Commander. Now the Condition of this Obligation is such, that if the said A. B. his Executors, Administrators or Assigns, or any of them shall in Consideration of the premises, well and truly pay or cause to be paid unto the said C. D. his Executors, Administrators or Assigns, the Sum of, &c. of, &c. within 20 days after the said Ships first arrival from the East-Indies aforesaid into the River of Thames, from her said Intended Voyage, without fraud or further delay, Then, &c. A Condition of a Bond to save a Tenant harmless, for attorning and paying his Rent to the Obligor. WHereas the above name A. B. holdeth by Lease, a messsage or Tenement with the Appurtenances, situate and being, &c. for a certain Term and Rent mentioned in one pair of Indentures bearing date, &c. made between A. B. of, &c. of the one part, and C. D. of, &c. of the other part, as by the same Indentures may more at large appear. And whereas there is some difference and controversy between the above bound W. S. and one R. B. of, &c. Gent. Nephew of the said R. B. concerning the Title of the messsage or Tenement aforesaid, And thereupon both of them the said W. S. and R. B. have several claims to the Rent reserved upon the said Lease: And whereas at the request of the said W. S. the said A. B. hath atturned Tenant to the said W.S. and paid unto him the Arrears of Rent, due for the messages or Tenement and premises aforesaid. Now the Condition of this Obligation is such, that if the said W. S. his Executors, Administrators or Assigns, or some of them shall from time to time and all times hereafter, at his and their own proper Costs and Charges, upon reasonable request therefore to be made, sufficiently save and keep harmless and indemnified the said A. B. his Executors and Administrators, his and their Goods and Chattels, and every of them against the said R. B. his Executors, Administrators or Assigns, and all other persons whatsoever, of and for all such Rent and Rents and Arrears of Rent, as the said A.B. his Executors, Administrators and Assigns, hath paid or shall hereafter pay to the said W. S. his Executors, Administrators or Assigns, for the messages or Tenements and premises aforesaid, and of and from all Actions, Suits, Troubles, Losses, Damages, Distresses and Demands whatsoever, touching or concerning the same, Then, &c. A Condition of a Churchwarden to give Account of all Stock, &c. in his Custody. THe Condition of this Obligation is such, That whereas the above bound J.B. is lately elected and chosen Churchwarden of the Parish Church of, &c. by reason whereof he hath received and is to receive divers good things and Church Ornaments belonging to the Parish Church aforesaid: If therefore the said J. B. his Executors, Administrators or Assigns, on or before the, &c. which shall be, &c. or within 30 days next ensuing the death of the said A. B. or his removal out of the said Parish in case he shall die, or to remove before the said, &c. in the said year, &c. at which of the said 3 prelimited times shall first and next happen, do and shall not only make and deliver up unto such Auditors as shall be then chosen and appointed for the purposes, to and for the use or the said Parish and Parishioners, a full, true, plain and perfect Account and Reckoning in writing, of all such Stock, money, Goods, Plate, Church Ornaments, and other things of and belonging to the said Parish which are now delivered, or which shall hereafter come to his or their hands, or are or shall be by him or them renewed: But also shall make true payment and delivery to the said Auditors, for the use of the said Parish, all such of the said Stock, moneys, Goods, Plate or whatsoever else, as upon the foot of such Account shall appear to have come and been received, And to be resting in the hands and disposal of him the said J. B. his Executors or Administrators, and not by him or them necessary disbursed or laid out, for the use and occasion of the Parish and Parishioners, Then, &c. The Condition of a Bond, for payment of Rent by virtue of a Letter of attorney. WHereas the above name M. M. by her Writing or Letter of attorney bearing date the day of the date above written; Hath made constituted and appointed the above bound J. G. her lawful attorney and Assignee to demand, recover and receive in the name and to the use of the said M. M. by all lawful ways and means whatsoever, of and from all every person and persons whatsoever, whom it doth or shall concern, all such Rents and Arrearages of Rents, and Sums of money as are due and payable unto the said M. M. for all and every her messages, &c. situate, &c. with such further powers and authorities as are needful and convenient for the recovering and receiving of the premises, as in and by the said Letter of attorney more at large it doth and may appear. Now the Condition of this Obligation is such, That if the said J.G. his Executors, Administrators or Assigns, or some of them shall from time to time, and at all times hereafter upon reasonable request, well and truly pay or cause to be paid unto the said M. M. his Executors or Assigns, or to such other person or persons as she the said M. M. shall from time to time under her hand direct and appoint, all such Rents and Arrearages of Rents and Sums of money, as he the said J. G. shall receive by virtue of the said Letter of attorney, powers and authorities aforesaid, of, for or in respect of the messages, Lands, Tenements and Hereditaments aforesaid, or any of them, deducting thereout the Sum of, &c. per Annum, viz. the sum of, &c. for every quarter of a year for his care and pains in and about the receiving of the premises, And also deducting such reasonable and necessary expenses as he shall be at, in and about the recovering and receiving the same, Then, &c. A Condition to follow a Calling within such a Parish. THe Condition, &c. That if the above bound E. B. do or shall at any time or times hereafter, either directly or indirectly use, exercise or follow the Art, Trade or Mystery of, &c. or, &c. or either of them in any place or places within the Parish of, &c. Or shall vend, sell, utter or expose to sale any Goods, wears, medicines, Commodities or other things whatsoever, that do or shall concern or in any wise belong to the said Art, Trade or Mystery of, &c. Then if the said E. B. his Executors, Administrators or Assigns, shall well and truly pay or cause to be paid unto the said N. W. his Executors, Administrators or Assigns, the full Sum of, &c. of, &c. upon demand thereof without Fraud Covin or further delay, Then, &c. Defeazances. A defeasance of 2 several Estates or Terms for years in Lands upon payment of such a Sum yearly for 7 years, drawn in short. THis Indenture made, &c. Between E. B. of L. in the County of, &c. on the one part, and H. B. of H. in the County of G. on the other part. Recital of the Grants for years. Whereas the said H.B. by his Indenture bearing date with these presents, and made between him on the one part, and the said E.B. on the other part, for the Consideration therein mentioned, Did Demise and to Farm let unto the said E. B. his Executors and Administrators, All that the Mannor of N. with the Rights, Members and Appurtenances in the County of O. and other the Lands, Tenements and Hereditaments in the said Indenture particularly expressed, for and during the Term of, &c. if the said H. B. should so long live, under a Pepper-corn yearly Rent, And also by one other Indenture of the same date, and made between the same parties for the Consideration of, &c. being one and the same Sum mentioned to be the Consideration of the aforesaid Indenture, Did Demise and to Farm let unto the said E. B. his Executors and Administrators, All that parcel of, &c. called M. and other the Lands and premises herein particularly expressed, situate and being in the County of, &c. for and during the Term of 100 years without impeachment of Wast, and under the like yearly Rent of one Pepper-corn, As in and by the said several Indentures, Relation being thereunto had more at large may appear. Now this Indenture witnesseth, And the true intent and meaning of the said recited Indentures, and of these presents, and of the parties to the same was and is so hereby declared to be; And the said E. B. Declaration or defeasance. for himself his Executors and Administrators doth Covenant and Grant to and with the said H. B. his Heirs and Assigns by these presents, That if the said H. B. his Heirs, Executors or Administrators, or any of them shall well and truly pay or cause to be paid unto the said E. B. his Executors, Administrators or Assigns, the Yearly Sum of, &c. of good and lawful money of England, yearly and every year for and during the Term or time of 7 years, to be accounted from the, &c. day of, &c. last past, before the date thereof, the same to be paid at 2 days of payment in the year;( that is to say,) The, &c. day of, &c. and the, &c. day of, &c. by equal portions, the first payment to begin and be made on the, &c. day of, &c. next ensuing the date of those presents, and the last payment to be made on the, &c. day of, &c. which shall be in the year of our Lord, &c. all the said payments to be made at or in the Common Dining-Hall of the Middle Temple London, without making any defalcation or abatement to be made out of the said yearly payments, or any of them for Taxes, Charges, Assessments or for other Cause or thing whatsoever, That then and from thenceforth the said E. B. his Executors and Administrators, and all person and persons claiming the premises, in and by the said several recited Indentures mentioned to be demised, After all the payments Grantees to Assign their Terms to Grantor and his Heirs. or any part or parcel of the same, from by or under him shall and will at the request, cost and charges of the said H. B. his Heirs or Assigns, transfer and set-over the said premises, and every part and parcel of the same so expressed, to be demised by the said Indentures or either of them respectively, together with the same Indentures unto the said H. B. his Heirs or Assigns, or to such person or persons as he shall direct and appoint, discharged of all encumbrances by him, them or any of them done or suffered, And that in the mean time from and after full payment and discharge of the said yearly Sum of, &c. in manner as aforesaid, and all Arrears of the same, And until such Assignment so to be made as aforesaid, Till such Assignment to be possessed in Trust for Grantor, &c. he the said E. B. his Executors and Administrators, and all person and persons standing and being possessed of the said premises or any of them, from by or under him shall stand and be possessed thereof, and of every part and parcel thereof in Trust to and for the sole use, benefit and behoof of the said H. B. his Heirs and Assigns, and to and for no other use intent or purpose whatsoever: Covenant for payment. And the said H.B. for himself, his Heirs, Ex-excutors and Administrators, doth Covenant and Grant to and with the said E. B. his Executors and Administrators, by these presents, That he the said H. B. his Heirs, Executors and Administrators, shall and will well and truly pay or cause to be paid unto the said E. B. his Executors or Administrators, for and during the said Term or time of seven years before mentioned, the said yearly Rent or Sum of, &c. and every part thereof, at the days and place and in such proportions as is before expressed for payment of the same, without making any deduction or abatement out of the said yearly Sum or any part thereof for Taxes, Charges, Assessments or for other cause, matter or thing whatsoever, according to the true intent and meaning of these presents. And it is hereby declared, concluded and agreed by and between the said parties, That it shall and may be lawful to and for the said H.B. his Heirs and Assigns, To have, Grantor to enjoy till default. hold and enjoy the said Mannor, Lands, and all and singular the premises, in and by the said several in part recited Indentures mentioned to be granted, and receive and take the Rents and Profits of the same until breach of the Promise or Covenant before-mentioned, without the let, trouble or disturbance of the said E.B. his Executors or Administrators, and without any account to him or them to be had or given for the same. In witness, &c. A defeasance of a Conveyance of Land in Fee, by Lease and Release, upon payment of a Sum of Money at a day, the Estate to cease, &c. with power in the mean time for Grantor to make Leases, take Profits, &c. till default of payment. THis Indenture made, &c. Between A. B. of, &c. of the one part, and E. F. of, &c. of the other part. Whereas the said E. F. Recital of the Lease and Release. by his Indenture of Lease and Release, bearing date, &c. made between him on the one part, and the said A. B. of the other part, for the Considerations therein mentioned, did Grant, Bargain, Sell, Release and Confirm unto the said A. B. and his Heirs, all, &c. Habendum. To Have and to Hold to the said A. B. his Heirs and Assigns, to the use of him, his Heirs and Assigns, as in and by the said Indentures, relation being thereunto had, may appear. Now this Indenture witnesseth, and the true intent and meaning of the said Indentures and of these presents is, and of the parties to the same was and is hereby so declared to be. And the said A. B. for himself, his Heirs and Assigns, doth covenant, promise and grant to and with the said E. F. his Heirs, Executors and Administrators by these presents, That if he the said E. F. Upon Grantors payment of such a Sum the Estate to cease, &c. and Grantee to Reconvey to Grantor, or whom he appoints. his Heirs, Executors or Administrators, or any of them, shall well and truly pay or cause to be paid unto the said A. B. his Heirs or Assigns, the full and just Sum of, &c. of good and lawful Money of England, at or upon the, &c. day of, &c, the said payment to be made in, &c. without any defalcation or abatement out of the same for Taxes, Charges, Assessments, or other cause or thing whatsoever, that then and from thenceforth the said A.B. his Heirs and Assigns, and all person and persons claiming the said premises, in, by or under the said recited Indentures of Lease and Release, or any part thereof, shall and will at the request, cost and charges of the said E. F. or his Heirs, transfer, assign and set-over the said recited premises, and every part and parcel of the same, so expressed to be granted as aforesaid, together with the said Indentures, unto the said E. F. and his Heirs, or to such other person or persons as he the said E. F. shall appoint, discharged of all encumbrances by him or them done or suffered. After Money paid, till Reconveyance, Grantee to st●nd se said to use of Grantor. And that in the mean time, from and after full payment and discharge of the said Sum of, &c. as aforesaid, and until such Assignment to be made, he the said A B. and his Heirs, and all persons standing and being seized of the premises, by, from or under him or them should be seized thereof, and of every part and parcel thereof in Trust, to and for the sole use, benefit and behoof of the said E. F. his Heirs and Assigns, and to and for no other use, intent or purpose whatsoever. And the said E. F. for himself, Covenant for payment of the Money. his Heirs, Executors and Administrators, doth covenant, promise, grant and agree to and with the said A. B. his Heirs and Assigns, by these presents, That he the said E. F. his Heirs, Executors or Administrators, or some or one of them, shall and will well and truly pay or cause to be paid unto the said A.B. his Heirs or Assigns, the said Sum of, &c. and every part thereof, at the day and place before expressed for payment of the same, without making any deductions or abatements out of the said Sum or any part thereof, for Taxes, Charges, Assessments, or for other cause, matter or thing whatsoever, according to the true intent and meaning of these presents. And it is hereby declared, Grantor may make Leases till default in payment. concluded and agreed by and between the said parties, That it shall and may be lawful to and for the said E.F. and his Heirs, from time to time, and at all times hereafter, until default of payment of the said Sum of, &c. or any part thereof, at the day and place before-limited and appointed for payment of the same, to make any Lease, Demise or Grant of all or any the said messages, Lands, Hereditaments and premises in the said in part recited Indentures contained for any Term or number of years whatsoever, so as such Demise, Lease or Grant so to be made, be made bona fide, So as there be reserved the most improved Rents: and that there be reserved upon the same the best and most improved yearly Rent, that such messages and Tenements so to be Leased can truly and bona fide be let for, and so as such yearly Rents so to be reserved, And those to be paid to those that are seized of the Reversion. be payable and to be paid unto the person or persons that shall be seized of the Reversion of the said premises so Leased, immediately expectant upon the same Leases so to be made. And lastly, It is declared, Grantor to enjoy quietly, till default, &c concluded and agreed by and between all the said Parties to these presents, That it shall and may be lawful to and for the said E. F. and his Heirs, to have, hold, occupy and enjoy the said messages, Lands, Hereditaments and premises, and every part and parcel thereof, in and by the said recited Indentures mentioned to be granted, and to receive and take the Rents, Issues and Profits of the same, until default of payment of the said Sum of, &c. or any part thereof, at the day and place before-mentioned for payment of the same, without the let, trouble or disturbance of the said A. B. his Heirs or Assigns, and without any account to him, them or any of them to be had or given for the same. In witness, &c. A defeasance of Three several Indentures of Grants of Terms of years in Land, upon payment of a yearly Sum of Money for several years. THis Indenture made, &c. Between W. G. in the County of, &c. on the one part, and P. C. of W. in the County of, &c. Spinster, on the other part. Recital of the Indentures. Whereas the said P. C. in and by her Indenture bearing date with these presents, and made between her on the one part, and the said W. G. on the other part, Reciting as therein is recited for the Consideration therein mentioned, did demise, grant and to Farm-let unto the said W. G. his Executors and Administrators, all those parcels of the Park or Ground called W. Park in the County of, &c. and other the Lands, Tenements and Hereditaments in the said Indenture particularly expressed, for and during the Term of 99 years, if R. C. the elder, A. A. and G. C. or any of them should so long live, under a Pepper-corn yearly Rent; and also by one other Indenture of the same date, and made between the same parties, Reciting also as is therein recited for the Consideration therein mentioned, did demise, grant and to Farm-let unto the said W. G. his Executors and Administrators, all those the demesne Lands, &c. of W. aforesaid, in the said County of, &c. and other the Lands and Hereditaments in the same Indenture mentioned, for and during the like Term of 99 years, if P. N. E. his Wife and R. C. the younger, or any of them should so long live, under a Pepper-corn yearly Rent; And likewise by one other Indenture of the same date with these presents, made between the same parties, Reciting in like manner as therein is recited, for the Consideration of, &c. being one and the same Sum, mentioned to be the Consideration of both the aforesaid Indentures, Did bargain, sell, assign and set-over unto the said W. G. his Executors and Administrators, all that parcel of the Park or Ground called W. Park, known by the Name of B. in the said County of, &c. and other the Lands and Hereditaments in the said Indenture mentioned and bounded, as therein is particularly expressed, for and during the remainder of a Term for 21 years yet to come and unexpired, under the yearly Rents, Covenants and Agreements in the same Indenture reserved and mentioned, as in and the said several Indentures, relation being thereunto had, more at large may appear. Now this Indenture witnesseth, and the true intent and meaning of the said several recited Indentures of these presents and of the parties to the same, was and is so hereby declared to be. And the said W. G. for himself, Declaration, or defeasance. his Heirs, Executors and Administrators, doth covenant and grant to and with the said P. C. her Heirs, Executors and Administrators, by these presents, That if she the said P. C. her Heirs, Executors, Administrators or Assigns, or any of them, shall well and truly pay or cause to be paid unto the said W.G. his Executors, Administrators or Assigns, the yearly Sum of, &c. of good and lawful Money of England yearly and every year, for and during the Term and time of 7 years, to be accounted from the Feast of St. Martin the Bishop in Winter last past, before the date of these presents, the same to be paid at 2 Days of payment in the year;( That is to say,) the 1st day of July, and the 1st day of January, by equal portions, the first payment to begin and be made on the first day of July, which shall be in the Year of our Lord, &c. and the last payment to be made on the first day of January, which shall be in the year of our Lord, &c. all the said payments to be made in the Middle Temple-Hall, London, without any defalcation or abatement to be made out of the said yearly payments, or any of them, for or by reason of any Taxes, Charges and Assessments imposed or charged, or to be imposed or charged upon the said premises in the said several Indentures mentioned, or any of them respectively, or upon the said W.G. his Executors or Assigns, by reason of the said premises, or any of them, by Authority of Parliament, or by any other Authority or Authorities whatsoever, for any other matter or thing whatsoever; Upon last payment, Grantee to transfer the premises. Then and from thenceforth he the said W.G. his Executors, Administrators or Assigns, and all person or persons claiming the premises in and by the said several in part recited Indentures mentioned to be granted and assigned, or any part or parcel of the same, from, by or under him, shall and will at the request, cost and charges of the said P.C. her Executors, Administrators or Assigns, transfer and set-over the said premises, and every part and parcel of the same, so expressed to be granted and assigned by the said Indentures, either or any of them respectively, as aforesaid, together with the same Indentures, unto the said P. C. her Heirs, Executors or Administrators, or to such person or persons as she shall for that purpose direct and appoint, discharged of all encumbrances by him, them, or any of them done or suffered. And the said P.C. for her self, her Heirs, Covenant for true payment. Executors and Administrators, and every of them, doth covenant and grant to and with the said W.G. his Executors and Administrators by these presents, That she the said P. C. her Heirs, Executors or Administrators, shall and will well and truly pay or cause to be paid unto the said W. G. his Executors, Administrators or Assigns, for and during the said Term or time of 7 years before-mentioned, the said yearly Sum of, &c. and every part thereof, at the days and place and in such proportions as in the Covenant before mentioned is expressed for payment of the same, without making any deduction or abatement out of the said yearly Sum of, &c. or any part thereof for Taxes, Charges, Assessments or for other cause, matter or thing whatsoever, according to the true intent and meaning of these presents, And it is hereby declared, Grantor to enjoy till default in payment or breach of Covenant. concluded and agreed by and between the said parties, That it shall and may be lawful to and for the said P.C. her Heirs, Executors, Administrators and Assigns respectively. To hold and enjoy the said premises in the said several in part recited Indentures mentioned, and take the Rents and Profits thereof, until some default shall happen to be made by the said P. C. of or in the payment of the yearly Rent, or any the Sums of money herein before covenanted, by her to be paid or some part or parts of them, or some of them, or the performance of the respective Covenants herein before contained on the part of the said P. her Heirs Executors or Administrators, to be done or performed or of some or one of the same Covenants, without the let or disturbance of the said W. G. his Executors or Administrators, and without any account to him or them to be had or given for the same. defeasance of a Statute Saple, upon performance of Covenants. THis Indenture, &c. Between A. B. of the one part, and C. D. of the other part. Whereas the said C.D. by one recognisance or Writing Obligatory of the nature of a Statute Staple bearing date, &c. taken and acknowledged before Sir John Vaughan Knight, Lord Chief Justice of the Court of Common Pleas at Westminster, is and standeth bound unto the said A. B. in the Sum of, &c. of, &c. payable as in and by the said recited Statute, Relation being thereunto had more fully may appear. Now this Indenture witnesseth, That it is nevertheless declared and agreed, by and between the said parties to these presents, And the said A.B. doth for himself and his Heirs, Covenant, Promise and Grant to and with the said C. D. his Heirs, Executors and Administrators, that if the said C. D. his Heirs, Executors and Administrators, and every of them do and shall well and truly observe, perform, fulfil and pay, and keep all and every the Covenants, Grants, Articles, Clauses, Provisoes and Agreements whatsoever, which on his and their parts and behalves are, and ought to be observed, performed, fulfilled, paid and kept, mentioned and comprised in one Indenture of Grant and Release bearing even date with these presents, made or mentioned to be made between, &c. in and by all things according to the Tenor, real intent and effect of the same Indenture, That then the said recognisance or Writing Obligatory above mentioned, shall be utterly voided and of none effect, or otherwise the same shall stand and abide in full force and virtue. In witness, &c. defeasance of a judgement upon Indemnifying one against an Obligation, he stands bound in with and for the Conusor. THis Indenture, &c. Between J. P. of the one part, and A. H. of the other part witnesseth, That whereas the said A. H. hath given a Warrant bearing date with these presents, to aclowledge a judgement in his Majesties Court of King Bench at Westminster, as of this present Trin. Term, unto the said J.P. for 40 pounds of, &c. Nevertheless the said J.P. is contented and agreed, and so doth hereby declare, covenant, promise and agree for himself his Heirs, Executors and Administrators, and every of them by these presents, That if the said A. H. his Heirs, Executors or Administrators, or any of them shall rarefy, save and keep harmless the said J. P. his Heirs, Executors and Administrators, and every of them, of, from and against one Obligation given by the said J. P. and A.H. to W. A. or shall deliver up the said Bond or Obligation unto the said J. P. his Heirs, Executors or Administrators, to be canceled and made voided, or otherwise rarefy the said J. P. his Heirs Executors and Administrators, That then and upon request he the said J. P. his Heirs, Ex-excutors and Administrators, at the costs and charges of the said A. H. his Heirs, Executors and Administrators shall and will aclowledge satisfaction upon the said judgement so as aforesaid, to be entred by virtue of the said Warrant, or if the said judgement shall not be entred as aforesaid, That then the said J. P. his Heirs, Executors and Administrators, shall deliver up to be canceled and made voided, the said Warrant of attorney unto the said A. H. his Heirs, Executors or Administrators. In witness, &c. defeasance of a Statute Merchant, and of a dead of Bargain and Sale. THis Indenture made, &c. Between R. W. of, &c. on the one part, and J.L. of, &c. of the other part, witnesseth, That whereas the said J. L. standeth bound to the said R.W. in and by one Statute Merchant bearing date the, &c. day of, &c. and acknowledged before R. W. Recital of the Statute Merchant. mayor of the City of Y. and keeper of the greater part of the Seal of the Statutes Merchant within the said City, and G. H. Esquire, Clerk there and keeper of the lesser part of the Seal, of the Statutes Merchant there appointed in the Sum of 300 l. of good and lawful money of England, payable on the, &c. day of, &c. next ensuing, as in and by the said Statute Merchant, Relation being thereunto had, it doth and may more at large appear. Recital of the bargain and sale. And whereas the said J. L. and E. his Wife, by their Indenture of bargain and sale duly executed, bearing date with these presents, for the Consideration therein mentioned, did grant, bargain, alien, sell, enfeoff, release, deliver and confirm unto the said R. W. his Heirs and Assigns, all, &c. except, &c. To Have and to Hold the said R. W. The Habendum of the bargain and sale. his Heirs and Assigns to the only proper use and behoof of him the said R. his Heirs and Assigns forever, as in and by the said recited Indenture, Relation being thereunto had may more at large appear, Yet nevertheless witnesseth these presents, and it is covenanted, granted, concluded, conditioned and agreed, by and between the said parties to these presents and every of them; that if the said J. L. his Heirs, Executors, Administrators or Assigns, or any of them, do and shall pay or cause to be paid unto the said R. W. his Executors, Administrators or Assigns, the Sum of 〈◇〉 in and upon the, &c. day of, &c. without fraud or further delay, That then as well the said Statute Merchant, as also the said recited Indenture of bargain and sale shall be voided, frustrate and of none effect, as to the said R.W. his Heirs, Executors, Administrators and Assigns, and that then and from thenceforth he the said R.W. and his Heirs shall stand and be seized of the said granted premises with the Appurtenances, to the use of the said J.L. his Heirs and Assigns for ever, and to and for no other use, intent or purpose whatsoever, And that in the interim until default shall happen of the payment aforesaid, in form aforesaid it shall and may be lawful, to and for the said J. L. his Heirs and Assigns, to receive and take to and for his and their own proper use and uses, the Rents, Issues and Profits of the afore-mentioned premises. But if default shall happen to be made of, or in the payments aforesaid, then as well the said Statute Merchant, as also the recited Indenture of bargain and sale, and all the power and Estate thereby given and granted to the said R. W. his Heirs and Assigns, to stand and continue to the only use of him the said R. W. his Heirs and Assigns for ever, in full force, effect and virtue, absolute and without any proviso, clause, condition or power of redemption whatsoever. In witness, &c. defeasance of a Statute Merchant, for payment of several Sums of money at several times. THis Indenture made, &c. Between E. B. of, &c. on the one part, and R. S. of, &c. on the other part witnesseth, That whereas the said R. S. by his Bond of Statute Merchant, bearing date with these presents, and acknowledged before H. L. mayor of the City of L. and keeper of the greater part of the Seal of the Statutes Merchant there, and R. G. Esquire, Clerk of the Statutes and keeper of the lesser part of the same Seal of the same Statutes there, acknowledged and become bound unto the said E. B. in the full Sum of, &c. payable at the Feast day of the Nativity of St. John the Baptist next ensuing, after the date of the said Bond of Statute Merchant, as in and by the said Bond of Statute Merchant, whereunto relation being had fully appeareth; Yet nevertheless it is covenanted, conditioned and agreed by and between the said parties to these presents, And the said E. B. doth hereby agree to and with the said R. S. that if the said R. S. his Heirs, Executors, Administrators or Assigns, or any or either of them do and shall well and truly satisfy, content and pay, or cause to be well and truly satisfied, contented and paid unto the said E.B. his Executors, Administrators or Assigns, the several Sums of money herein after mentioned, at the several days and times herein after limited and expressed;( that is to say,) The full Sum of 20 l. of good and lawful money of England, in and upon the, &c. day of, &c. next ensuing the date of these presents, the like Sum of 20 l. of like money in and upon the, &c. day of, &c. which shall be in the year of our Lord, &c. the like Sum of 20 l. of like lawful money in and upon the, &c. day of, &c. and the like Sum of, &c. of like lawful money in and upon the, &c. day of, &c. and the like Sum of, &c. of like lawful money, in and upon the second day of, &c. thence next following, and the full Sum of 20 l. of like lawful money, in and upon the, &c. day of, &c. which shall be in the year of our Lord, &c. without any manner of fraud or deceit, and according to the days herein before mentioned and limited for payment thereof, and according unto a certain Indenture of defeasance of a certain dead of bargain and sale of certain Lands and Tenements in S. aforesaid, made between the said R. S. of the one part, and the said E. B. on the other part, and which dead of defeasance beareth the same date with these presents, Then the said Bond and Statute Merchant to be voided, or else of force. In witness, &c. A defeasance upon a judgement by Indenture, upon payment of a Sum of money at a day, with a Release of Errors upon the judgement by Conusor. THis Indenture made, &c. Between A. N. of, &c. of the one part, and J. S. of, &c. of the other part. Whereas the said A. N. Recital of the judgement. hath this present Trinity Term recovered a judgement against the said J.S. in the Court of Kings Bench at Westminster, for 500 l. debt besides costs of svit, as by the Records thereof remaining in the said Court, it doth and may more at large appear. Now this Indenture witnesseth, That the said A. N. doth for himself, his Heirs, Executors and Administrators, covenant, promise and grant to and with the said J. S. Covenant upon payment at a day to aclowledge satisfaction, &c. his Heirs, Executors, Administrators and Assigns, and every of them by these presents, That if the said J. S. his Heirs, Executors, Administrators and Assigns, or any of them, do and shall well and truly pay or cause to be paid unto the said A.N. his Executors, Administrators or Assigns, the full Sum of, &c. of lawful money of England on the, &c. That then he the said A. N. his Executors, Administrators and Assigns, shall and will upon reasonable request, and at the costs and charges of the said J. S. his Executors or Assigns, aclowledge satisfaction upon Record, of and for the said judgement, and the debt and damages thereby recovered, and in the mean time will not take out or cause to be taken out, any Writ or Writs of Execution upon the said judgement. Release of Errors by Conusor. And the said A. N. for himself, his Heirs, Executors and Administrators, hath Remised, Released and for ever quit claimed, and by these presents doth Remise, Release and for ever quit claim unto the said J. S. his Executors, Administrators and Assigns, all and all manner of Action and Actions, and all and every Writ and Writs of Error and Errors whatsoever, for or by reason of the said judgement, or for or by reason of any entries or proceedings thereupon or relating thereunto. In witness, &c. Ecclesiastical Instruments. Admission of a Noblemans Chaplain. OMnibus Christi fidelibus ad quos hoc presens scriptum pvenerit phonorablis H. Comes N. Baro de F.& Nobilissimi Ordinis Garterij Miles, Salutem in dno. Noveritis nos pfac Comite N. recepisse& admisisse Dilectum mihi in Christo T. R. Clericum ob ejus Vite& Morum integritatem, sanamque Doctrinam aliarumque Virtutum meritas, quibus eum Deus optimus, maximus insignivit, ut Capellanum meum Domesticum& familiarem Ipsuamque T. in numerum Capellanorum meorum damesticorum, ad effectualiter Consequendum omnia& singula privilegia, gratias, libertates& provenientias Capellanoru, Episcoporu, Procerum& Baronum hujus regni Anglie {per} Statutum Parliamenti ejusdem Regni indulc& concess aggregasse, Quocirca hoc Vniversitati vesire attestatum& declaratum esse volumus {per} pnsentes. In cujus rei testimonium Sigillum meum ad arma psentibus apposui. Dat, &c. Advocatio Beneficij Ecclesiastici. OMnibus Christi fidelibus ad quos hoc presens scriptum {per}venerit T. I. de Civitate L. Ar̄, Gardianus legitimus I. W. veri& indubitati Patroni rectory Ecclesie parochialis de M. in Comitatu D. Salutem in Domino sempiternam. Noveritis me T.I. ex certis causis& consideracionibus me ad id just moventibus dedisse& concessisse, atque hoc {pre}senti scripto meo, dare& concedere W. L. Civitatis London Ar̄, Executoribus& Assignatis suis, primam& proximam advocationem, donationem& liberam dispositionem, pdicte rectory Ecclesie parochialis de M. {pre}dicte pro unica 'vice& proxima vacatione tantum, ita quod been liceat {pre}fato W. L. Executoribus& Assignatis suis, quemcunque virum aptum,& literatum, ad dictam Rectoriam Ecclesie parochialis de M. cum {per} mortem, resignationem, {pro}motionem, cessionem, permutatcionem, dimissionem, seu alium modum quemcunque primo& proximo vacare contigerit loci illius Ordinario& Diocesano nominare& {pre}sentare. Ceteraque omnia& singula ad Patroni munus& officium spectantia {per}ficere, adeo plene& integre sicut Egomet in ea parte facerem, si hec {pre}sens concessio facta non fuisset. In cujus Rei testimonium Sigillum meum {pre}sentibus apposui. Dac, &c. Aliquando inferatur haec Clausula ante verba, In cujus Rei, &c. immediate, viz. Et Nos {pre}fatus T. I.& I. T. hanc nostram concessionem contra Nos& Assignatos Nostros quoscunque Warrantizabimus& defendemus in perpetuum. In cujus Rei, &c. Certificatorium de sufficientia personae in Arte Medica. UNiversis in Christo fidelibus ad quos hoc {pre}sens scriptum {per}venerit, Nos quorum infrascripta sunt nomina pro cujusque person merito& dignitate, debitam Reverentiam. Cum pium sit,& equitatis Officio maxim consentaneum, veritati testimonium' {per}hibere. Cumque R.T. de E. in Comitatu D. has Literas Nostras Testimoniales sibi concedi petierit Nos tam honest ejus petitioni( quantum in Nobis est) obsecundare volentes, testamur& Notum facimus per {pre}sentes, dictum R. T. per multos retro abhinc annos sedulam studiis suis in Arte Medica dedisse operam,& in eisdem processus fecisse tam laudabiles, ut quamplurimi passim egroti, ope ejus( Deo adjuvant) ad pristinam suam sanitatem fuerint restituti; Insuper vitam, moresque suos, juxta leges& consuetudines Ecclesie Anglicane, pie, sobrie, religioseque instituisse: Ideoque Nos in illa facultate doctors, sieve Licentiati, eum dignum censemus in eadem facultate, Licentia, sieve Privilegio etiam Practicandi. In cujus Rei fidem& Testimonium nomina& cognomina sigillaque Nostra {pre}sentibus apposuimus. Dac, &c. Literae Testimoniales de Vita laudabili Ministri. OMnibus Christi fidelibus ad quos hoc {pre}sens scriptum {pro}venerit, Nos quorum nomina subscripta sunt pro merito& dignitate cujusque person debitam Reverentiam. Cum A. B. literas Nostras Testimoniales de vita sua laudabili& morum probitate, sibi concedi petierit, Nos, honestam suam petitionem( quantum in Nobis est) satisfacere volentes, testamur per {pre}sentes dictum A. B. sedulam literarum studiis dedisse operam, vitamque suam sobrie& pie per omnia instituisse,& adhuc in re Religionis, nihil unquam( quantum Nobis innotescere potuit) aut credidisse, aut tenuisse, quod non Sacrarum Literarum authoritate, Ecclesieque Anglicane calculo, comprobatum sit, ejusque ceremoniis consentaneum: In cujus Rei testimonium nomina Nostra subscripsimus. Dac, &c. Alia forma. NOs quorum nomina subscripta sunt. Notum facimus omnibus& singulis quorum interest& per {pre}sentes Attestamur R. H. Clericum in Artibus Baccalaureum in Studiis Theologicis progressus fecisse laudabiles,& ad {pre}dicandum Verbum Dei idoneum esse, Nihilque tenuisse aut tenere, nisi quod Orthodoxum,& Doctrine Ecclesie Anglicane consentaneum sit, vitam quoque& mores pie& sobrie instituisse. In cujus Rei testimonium nomina Nostra subscripsimus. Dac, &c. Praesentatio ad Rectoriam. REverendo in Christo Patri, ac Domino Domino I. permissione Divina Roffens̄ Ep●scopo, Vestrove Vicario in Spiritualibus Generali, aut alij cuicunque person, hanc meam presentationem admittendi, Potestatem habenti, seu habituro; Vester humilis,& devotus A. B. de H. in Comitatu G. Armiger, verus& indubitatus rectory& Ecclesie Parochialis de L.* in Comitatu C. Diocesi R. Cantuariensique Provincia Patronus, Omnimodas obedientiam& reverentiam tanto Reverendo Patri debitas& condignas cum honore; Ad Rectoriam& Ecclesiam parochialem de L. pdicc, jam vacantem per mortem naturalem B. P. Clerici, ultimi incumbentis ibidem,& ad meam Presentationem pleno jure spectantem& pertinentem Dilectum mihi in Christo I. W. Clericum in Artibus Magistrum vestre reverend Paternitati presento. Humiliter supplicans quatenus eundem I.W. sic per me presentatum, ad& in Rectoriam& Ecclesiam parochialem de L. pdicta admittere, Ipsumque, Rectorem ejusdem Ecclesie, cum suis Iuribus, membris,& pertinentiis universis, legitime& Canonice, instituere, investire,& induci mandare, Ceteraque facere, peragere,& adimplere, queen Vestro in hac parte incumbunt Officio Pastorali, gratiose dignemini, cum favore. In cujus Rei testimonium Sigillu meum ad arma {pre}sentibus apposui. Datum, &c. Nota, Si Praesentatio Archiepiscopo directa sit, inserantur haec verba: * Ecclesie vestre Cathedralis& Metropolitice Christi Cantuariensis, Jurisdictionis immediate. Praesentatio ad Rectoriam per Curatores, Patrono in minori aetate existen'. REverendo in Christo Patri ac Domino Domino GILBERTO permissione divina London Episcopo, vestrove Vicario in Spiritualibus Generali, aut alij cuicunque, hanc meam {pre}sentationem admittendi, Potestatem habenti, vel habituro; Nos G.T. gen& R. T. Cives& Clothworker London, Guardiani& Tutores Arabelle A. minoris, filie Naturalis& legitime, ac Heredis Domini E. A.& Domine F. A. ejus uxoris respective defunctoru, vigore Testamenti& ultime Doluntatis ipsius Domine F.A. durant minori etate dicte Arabelle A. legitime constituti ac ratione dicte Curationis( durant minori etate dicte Minoris) veri& indubitati( pro hac 'vice jure,& nomine dicte Minoris) Patroni rectory& Ecclesie parochialis de B. als B. in Comitac Essexie Dioecesios London, omnimodam Reverentiam debitam cum honore. Ad Rectoriam& Ecclesiam parochialem de B. als B. {pre}dicta, modo per mortem Naturalem I. T. Clerici, ultimi Rectoris& Incumbentis ibidem vacan,& ad Nostram {pre}sentationem( ut {pre}fertur) pro hac 'vice spectantem. Dilectum Nobis in Christo I. L. Clericum in Artibus Magistrum, Vobis per {pre}sentes, jure& nomine dc̄e Minoris, {pre}sentamus. Humiliter Rogantes, quatenus eundem I. L. sic per Nos {pre}sentatum, ad& in Rectoriam& Ecclesiam parochialem de B. als B. {pre}dicta admittere, Ipsumque Rectorem ejusdem Ecclesie, cum suis juribus membris& pertinentiis universis, legitime& Canonice instituere, investire,& induci mandare; Ceteraque facere peragere,& adimplere, queen vestro in hac parte incumbunt Officio Pastorali, gratiose dignemini cum favore. In cujus Rei testimonium, &c. Praesentatio ad Societatem Collegii REverendissimo in Christo Patri ac dno dno G. providentia Divina Canc Archiepiscopo, totius Anglie Primati& Metropolitano, atque Episcopatus Eliensis( seed jam vacant) Spiritualitatis custodi. Vestri humiles& devoti filii, Magister, sieve Custos,& Socij Collegij beate mary,& Sancti johannis Evangeliste,& Radegundi vulgariter nuncupati Iesus college, in Alma Academia Cantabrigiensi omnimodam reverentiam tam Reverendissimo Patri debitam, Cum Magr̄i G. I. in Sacra Theologia Baccalaurei locus sieve Societas in dicc Collegio nostro, per cessionem voluntariam ejusdem G.I. nuper vicaverit, prout in {pre}senti vacat. Nos juxta Statuc Nostrorum raciond in ejus locum T. L. in Artibus Inceptum,& B.L. in Artibus Inceptum, quorum in re Literata progressus cruditiones& doctrine minime contemnendi, moresque diutina experientia in Collegio Nostro certo novimus esse honestos; in Societatem dicti Collegij Nostri elegerimus, eosdemque Paternitati vestre reverend, per Nos in Societatem dicti Collegii electos esse significamus,& tenore {pre}sentium eidem {pre}sentamus, humiliter supplicantes quatenus illu ipsoru per Nos( ut {pre}fertur) nominatorum& presentatorum quem magis idoneum,& dicto Collegio nostro utiliorem sore videritis, ad dictu locum sieve Societatem in Collegio Nostro {pre}dicto quem sieve quam dictus Magr̄ G. I. nuper in eodem possedit, habuit& tenuit, admittere; Ipsumque in perpetuum Socium dicti Nostri Collegij cum omnibus emolumentis commodis, juribus& interest eidem Societati quovismodo spectantibus& pertinentibus instituere,& investire; Ceteraque facere, {per}agere,& {per}implere, queen Statuta Nostra Authoritati Paternitatis vestre reverend in hac parte referunt, dignemini cum favore. In cujus Rei testimonium Sigillum Nostrum Commune {pre}sentibus apposuimus. Dac, &c. Qualificatio, sieve Admissio Clerici in Capellanum Magnatis. OMnibus Christi fidelibus ad quos hoc presens scriptum {per}venerit JOHANNES permissione Divina, &c. Episcopus, Salutem in Domino sempiternam. Noveritis me {pre}fatum Episcopu Dilectum mihi in Christo A. B. Artiu Magistru pro diversis causis& consideracionibus legitimis me ad id specialiter moventibus, in unum de Numero Capellanorum meoru Familiarioru& Domesticorum die confeccionis {pre}sentium admisisse& recepisse, dando& concedendo eidem Capellano meo omnia& singula Privilegia, Commoditates, Libertates, Prerogativas& Preheminentias Capellanis Procerum, de jure Statutis, Ordinationibus, Provisionibus& Consuetudinibus hujus inclyti Regni Anglie quovismodo competentia, Rogans insuper omnes quorum interest, seu interest poterit in hac parte; Quatenus dictum A. B. Capellanum meum Domesticum hujusmodi, nullo modo molestent {per}turbent, seu gravent in aliquo, contra tenore {pre}sentium,& Statuta Parliamenti pro Capellanis Magnatum& Prenobilium Virorum in ea parte edita, facta& provisa. In cujus Rei testimonium Sigillum meum {pre}sentibus apposui. Dac, &c. die mensis Decembris, Anno Dom, &c. Resignatio Vicariae. IN Dei Nomine, Amen. Coram vobis Notario Publicoque& Authentica persona Vestra, ac testibus fidedignis, hic {pre}sentibus; Ego I.B. Clericus Vicarius vicary Ecclesie parochialis de W. in Comitatu S. Diocesi Cicesirensi Cantuariensique Provincia volens& affectans ex certis veris& legitimis causis me& Animu meu in hac parte specialiter moventibus ab onere cura& regimine dicte me vicary& Ecclesie parochialis de W. {pre}dicc, ac cure Animarum parochianorum ejusdem penitus exui& exoneravi. Eandem igitur Vicariam& Ecclesiam meam parochialem de W. {pre}dicto in Sacras& Venerabiles manus Reverendi in Christo Patris ac Domini Domini S. permissione Divina London Episcopi moderni ejusdem Loci Ordinarij aut alterius cujuscunque hanc meam Renunciacionem admittendi Potestatem habentis seu habituri, non vi aut metu ad hoc inductus seu coactus, said pure, sponte, simpliciter,& absolute resigno& ab eadem recedo; Eandemque Vicariam& Ecclesiam de W. {pre}dicta, tam re quam verbo unacum suis juribus& pertinentiis quibuscunque dimitto Iuri quoque titulo& interest meis in dicta Vicaria quovismodo {pre}habit{ur}s& hactenus competen ad omnem juris& facti effectum renuncio, eisdemque cedo,& ab eisdem recedo totaliter& in hiis scriptis. Act' supper Resignatione predict'. SEcundo die mensis Octobris, Anno Domini, &c. Lecta& interposita fuit hujusmodi suprascripta Resignatio per prefatum I. B. Clericum coram I. I. Notario Publico infra-scripto ac testibus infranominatis in edibus mei dicti Notarij infra parochiam Sancti Gregorij Civitate London notory sitis& scituatis, Qui quidem Magister I. B. resignavit, cessit& cetera fecit in omnibus& per omnia {pro}ut in supradicto Resignationis prothocollo continetur, {pre}sentibus tunc& ibidem A.B. C.D.& D.E. Literatis. Testibus, &c. Testibus A.B. C.D. D.E. Ita Testor I. I. Notari{us} Publicus. Revocatio Resignationis. IN Dei Nomine, Amen. Coram vobis Notario Publico publicaque& authentica perlona, ac testibus fidedignis hic {pre}sentibus, Ego I. B. Clericus in Artibus Magister Vicarius perpetuus vicary perpetue& Ecclesie parochialis de W. in Comitatu B. Diocesi C. Cantuariensique Provincie, dico, allego,& in hiis Scriptis in jure propono; Quod cum Ego {pre}fac I. B. dictam meam Vicariam,& Ecclesiam parochialem, de W. {pre}dicc, unacum suis Iuribus& pertinentiis quibuscunque in Sacras manus Reverendi Patris Cicester Episcopi moderni, ejusve in Spiritualibus Vicarij Generalis, aut alterius eandem meam Resignationem admittendi potestatem habentis seu habituri, coram quodam Magistro I. I. Notario Publico, ac testibus utcunque tunc psentibus, fecerim& indeliberate resignaverim& dimisserim: Ex certis veris tamen justis& legitimis causis me,& Animum meum jam ad id moventibus, pfatam resignationem, cessionem, ac dimissionem, dicte vicary& Ecclesie me parochialis de W. {pre}dict{ur}, uteunque( ut {pre}fertur) inconsulte& indeliberate factam& interpositam cum non aliunde habeam quo vitam meam juxta qualitatem ordinis mei sustentare possem( re integra existenti ac adhibito mihi meliori& saniori consilio) omnibus melioribus& efficatioribus via modo& juris forma quibus melius& efficatius de jure possim aut debeam palam publice& express in hiis Scriptis revoco& retracto,& {pro} sic revocatis& retractis haberī volo, peto,& postulo. Curam etiam onus& regimen dicte me vicary de W. {pre}dicta ad omnem juris effectum, in me reassumo, eisdemque inservire& adherere, uti frui retinere& gaudere, in tam amplis modo& forma perinde ac si {pre}dicta resignatio, cessio, sieve dimissio {pre}tensa non fuisset facta, instanter {pro}testor. Actus supper Revocationem predict'. DEcimo die mensis Octobris, Anno dni, &c. Lecta& interposita fuit hujusmodi suprascripta Revocatio per {pre}fatum I.B. Clericum coram me I.I. Notario Publico infrascripto ac testibus infranominatis in edibus mei dicti Notarij infra parochiam Sancti G. Civitate London notory sitis& scituatis( Qui quidem Magister I. B. Resignationem suam Priorem revocavit, Ceteraque omnia& singula fecit prout in supradicto Prothocollo Revocationis continetur, {pre}sentibus tunc& ibidem A.B. C.D.& D.E. Literatis. Testibus, &c. Testibus A.B. C.D. D.E. Ita Testor I.I. Notarius Publicus. Resignatio Domus Canonicalis. IN Dei Nomine Amen. Coram vobis Notario Publico publicaque& authentica persona ac testibus fidedignis hic psentibus Ego R.C. Clericus, Thesaurarius Ecclesie Cathedralis de W. ex certis causis& considerationibus me& animum meum in hac parc specialiter moventibus, Domum meam Canonicalem scituatam in quadam Venella prope Ecclesiam Cathedralem {pre}dictam, ac inter Domu quandam, modo in tenura& occupatione R.R. Sacre theology Professoris& Domum quandam modo in tenura& occupatione A.D. Legu Doctoris, in manus venerabilium virorum Dominorum Decani& Capitull Ecclesie Cathedralis de W. {pre}dicta,& eorum Successorum ex meo mero motu non vi metuve ad hoc inductus feu coactus, said pure sponte simpliter& absolute resigno,& ab eadem recedo, eandemque tam re quam verbo, unacum suis pertinentiis quibuscunque dimitto, &c. juris quoque titulo& interest meis in eadem Domo prehabitis ad omnem juris& facti effectum totaliter in hiis Scriptis renuncio. Actus supper Resignatione praedicta. DEcimo die mensis Octobris, &c. Lecta& interposita fuit hujusmodi suprascripta Resignatio per {pre}fatum R. C. Clericum coram me I. I. Notario Publico infrascripto ac testibus infranominatis in Edibus mei dicti Notarij infra parochiam, &c. notory sitis& scituatis. Qui quidem Magister R. C. resignavit, cessit& cetera fecit in omnibus& per omnia {pro}ut in supradicto resignationis Prothocollo continetur, {pre}sentibus tunc& ibidem A.B. C.D. D.E. Testibus A.B. C.D. D.E. Ita Testor I.I. Notarius Publicus. Aliud genus Resignationis factae de Prebenda. OMnibus Christi fidelibus ad quos hoc {pre}sens Scriptum pervenerit, Salutem in Domino. Cum Ego R.H. Sacre theology Professor, Prebenda sieve Canonicatum unum in Ecclesia Cathedrali& Metropolitica Christi Cantuar̄ jam habeo& gaudeo, ad donaciomen, Collationem,& liberam dispositionem, Domini nostri nunc Regis pleno jure spectantem, Habendum& tenendum Prebendam sieve Canonitatum {pre}dicc mihi {pre}fato R. H. durant vita mea naturali, unacum omnibus& omnimodis Domibus, Edificiis, Mansionibus, ceterisque juribus, membris,& pertinentiis universis, dicte prebend, sieve Canonicatus quovismodo pertinentibus sieve imposterum spectantibus, Sciatis nunc quod Ego {pre}fatus R.H. pro quibusdam justis causis ac considec̄onibus me specialiter in hac parte moventibus {pre}dictam Prebendam sieve Canonicatum in dicta Ecclesia Cathedrali& Metropolitica Christi Canc, vacuam esse volo,& Literas patents D. I. nuper Anglie Regis sub Magno Sigillo Anglie sigillatas gerentes datum apud Westmon die Anno Regni sui Anglie primo& Scotie 37. Prebendam& Canonicatum meum pdictum, cum suis Iuribus, membris,& pertinentiis universis, per hoc Scriptum meum, sursum reddo in manus Domini nostri Caroli Dei gratia Anglie, Scotie, Francie& hiberny Regis, fidei defensoris. In cujus Rei testimonium huic {pre}senti scripto meo Sigillum meum apposui. Dac die mensis Anno Regni Domini nostri Caroli Dei gratia Anglie, Scotie, Francie& hiberny Regis fidei defensoris, &c. Annoque Regni, &c. Resignatio Officii Custodis Collegij. IN Dei Nomine Amen. Coram Vobis Notario Publico publicaque& Authentica persona, ac testibus fidedignis hic presentibus. Ego A. B. Artium Magister Presidens Collegii Sancti johannis Baptiste in Vniversitate Oxon, volens& affectans ex certis causis justis racinonabilibus& legitimis me& Animum meum in hac parte specialiter moventibus ab onere& regimine dicti Officij Presidentis exui penitus,& exoneravi dictum Officium meum Presidentis Collegij {pre}dicti, unacum suis juribus, membris,& pertinentiis universis in manus cujuscunque vel quorumcunque hanc meam resignationem admittendi potestatem quomodolibet habentis, seu habentium, habituri aut habiturorum non vi vel metu, ad hoc coactus, nec dolo vel fraud ad id inductus neque aliqua alia machinatione sinistra circumventus, said ex mea certa scientia, animoque deliberato pure, sponte, simpliciter& absolute in hijs scriptis resigno, dictumque Officium meum ad omnem juris effectum exinde sequi valentem unacum omnibus juribus membris& pertinentiis universis eidem Officio spectantibus vacuam dimitto. Iuri quoque titulo& possessioni meis in dicto Officio Presidentis Collegij Sancti johannis Baptiste, {pre}dicti prehabitis& hactenus mihi in eodem competentibus quovismodo, renuncio eis quoque cedo,& ab eisdem totaliter& express recedo in hiis scriptis, sub hac tamen lege& conditione, quod si contigerit T.L. Artium Magistrum,& Sociu Collegij Iesu in Cantabrigia {pre}dicc in Magistrum sieve Custodem Collegij {pre}dicti infra Octo dies a tempore publicacionis& intimationis hujusmodi Resignacionis me in dicto Collegio fiend juxta Statuta fundacionem& ordinacionem ejusdem Collegij, debito modo elegi,& Magistrum sieve Custodem Collegij {pre}dicti prefici& admitti; Quod tunc& in eo casu volo& intendo istam meam Renunciacionem suum debitum sortiri effectu, alioquin volo eandem nullius penitus esse roboris ant momenti: Ipsamque Resignationem meam modo {pre}misso factam& interpositam, casu quo contigerit pfatum T. L. Officium Magistri sieve Custodis Collegii {pre}dicti modo {pre}dicto minime adipsci, ex nunc prout extunc,& extunc prout ex nunc express revoco,& pro revocata, cassata,& irrita ad omnem juris effectum exinde sequi valentem haberi,& censeri volo& intendo, {pre}senti resignatione mea in aliquo non obstante. Et insuper Ego {pre}fatus A. B. volens& affectans hanc meam Resignationem suum debitum fortiri effectum. Dilectos mihi in Christo T.R. S. H.& I.C. Artium Magistros Socios Collegij {pre}dicti conjunctim& divisim meos veros, certos legitimos ac indubitatos Procuratores, Actores, Factores, Negotiorumque meorum gestores,& nuncios s{pre}iales, ad infrascripta nomino, ordino facio& constituo dans& concedens eisdem Procuratoribus meis conjunctim& eorum cuilibet, per se divisim& insolidum Potestatem Generalem,& mandatum speciale, 'vice, loco,& nomine meis, dictam Resignationem, Cessionem, sieve Renunciacionem meam, tam Vice-Presidenti& Sociis Collegij memorati, quam etiam omnibus& singulis aliis ad quos in hac parte attinet notificandi, intimandi& exhibendi, dictamque Renunciacionem, Cessionem, sieve Renunciacionem, Admitti& Officium Presidentis hujusmodi, vigore ejusde Resignacionis, Cessionis, sieve Renuntiacionis, vacare, ac ad omnes juris effectus exinde quovismodo sequi valentes vacuum esse pronunciari, decerni,& declarari petendi, requirendi,& obtinendi; Ceteraque omnia& singula alia faciendi, exercendi,& expediendi queen in hac parte necessaria fuerint, seu quomodolibet opportuna, etiansi mandatum de se exigant speciale quam superius est expressum. Promittoque me ratum, gratum& firmum perpetuo habiturum totum& quicquid dicti Procuratores mei seu eorum aliquis fecerint seu fecerit in {pre}missis, vel aliquo premissorum in hac parte, sub hypotheca& obligacnone, omnium& singulorum bonorum meorum tam {pre}sentium, quam futurorum,& in ea parte cautionem expono in hiis scriptis, supper quibus requiro vos Notarium Publicum antedictum mihi unum vel plura publicum seu publica Istrumentum sieve Instrumenta conficere ac testes hic {pre}sentes Testimonium ind perhibere. Actus supper Resignatione praedicta. SEcundo die mensis Octobris Anno dni, &c. Lecta& interposita fuit hujusmodi suprascripta Resignatio per prefatum I.B. Clericu, coram me I. I. Notario Publico infrascripto ac testibus infranominatis in Edibus meī dicti Notarij infra parochiam Sancti Gregorij Civitate London notory sitis& scituatis. Qui quidem Magister I.B. resignavit, cessit& cetera fecit in omnibus& per omnia prout in supradicto Resignationis Prothocollo continetur, psentibus tunc& ibidem A.B. C.D.& D.E. Literatis. Testibus, &c. Testibus A.B. C.D. D.E. Ita Testor I.I. Notarius Publicus. Grants. A Grant of the Steward-ship of Courts for Life. TO all Christian People to whom these presents shall come, I T.S. of, &c. sand greeting, Know yea, That I the said T.S. for divers good causes and considerations me thereunto especially moving, Have given and granted, and by these presents do give and grant unto T. C. of, &c. Gent. the Office of Steward or Steward-ship, and the keeping or Office of keeping, and all manner of Courts Leet, Courts Baron and view of Frankpledge, of, or for the manors or Lordships of E. D. and A. in the County of, &c. and every of them. And I do hereby make, ordain, constitute and appoint the said T. C. my chief and sole Steward of all and singular my Courts of View, of Frankpledge, Courts Baron, and Courts Leet within the manors and Lordships aforesaid; To have, hold, exercise, occupy and enjoy the Office of Steward and Stewardship, and the holding and keeping of all manner of Courts, usually held or kept within the said manors or Lordships, and every of them together with all and all manner of Fees, Perquisites, Profits, Wages, Rewards and Advantages whatsoever, to the said Office of Steward or Stewardship belonging or appertaining, or usually heretofore accustomend and used to be paid to, and received by the Steward or Stewards thereof for the time being, for or by reason of the said Office unto the said T. C. by himself, or by his sufficient Deputy or Deputies, for and during the Term of the natural life of the said J. T. In witness, &c. The Grant of a next avoidance of a Church, with some special Covenants. THis Indenture made, &c. Between J. B. of, &c. of the one part, and H. P. and E. M. of, &c. of the other part witnesseth, Consideration. That the said J. B. for and in Consideration of a certain Sum of lawful money of England, to him in hand paid by the said H. P. and E. M. at and before the ensealing and delivery of these presents, whereof the said J. B. doth hereby aclowledge the receipt, as also for divers other good and valuable Causes and Considerations him the said J. B. thereunto especially moving, Grant. Hath given, granted, bargained, sold, assured and confirmed, and by these presents doth give, grant, sell, assure and confirm unto the said H. P. and E. M. their Executors, Administrators and Assigns, the next Advowson, presentation, donation and free disposition of the Rectory or Parsonage of the Church of K. in the County of L. which shall happen to become voided by the death, cessation, deprivation or resignation of W.H. clerk, now or late Incumbent of the said Church or by any other ways or means whatsoever; Habendum. To Have and to Hold the said next Advowson, presentation, donation and free disposition aforesaid, to them the said H. P. and E. M. or to the Survior of them, or the Executors, Administrators or Assigns, of such Survivor to present one fit and able person to the said Church and Rectory of K. aforesaid, whensoever it shall chance, happen or be next voided as aforesaid, to officiate in the said Church, and to take the Rents and Profits of the said Rectory or Parsonage. Covenant for produceing of Writings, &c. And the said J. B. for himself his Heirs, Executors, Administrators and Assigns, and every of them doth covenant, promise, grant and agree to and with the said H. P. and E.M. and either of them, their and either of their Executors, Administrators and Assigns, and every of they by these presents in manner and form following;( that is to say,) That he the said J. B. his Heirs, Executors, Administrators and Assigns, shall and will at any time or times hereafter, upon reasonable request to be made to him or them by them the said H.P. and E. M. or either of them, their or either of their Executors, Administrators or Assigns, or any of them, or upon notice in Writing to be left at the most usual place of residence of the said J.B. his Heirs, Executors, Administrators or Assigns, or any of them, show forth and produce before any Judge or Judges, or before any other Person or Persons whatsoever, in any Court or Courts, place or places whatsoever, for the better clearing, confirming and assuring of the said next Advowson, presentation, donation and free disposition of the said Rectory or Parsonage unto them the said H. P. and E. M. their Executors, Administrators and Assigns, or for the recovery of the same, All such Writings, Charters Deeds and Evidences whatsoever, concerning the Advowson of the Church of K. aforesaid, as the said J. B. his Executors, Administrators and Assigns, or any of them now have or at any time or times hereafter, shall have in his their or any of their Custodies or Possessions, or may come by without svit in Law. Covenant that Grantor is seized in Fee, &c. and hath power to grant. And also that the said J. B. now at the time of the ensealing and delivery of these present Indentures, is lawfully and rightfully seized of the next Advowson of the Rectory or Parsonage of K. aforesaid, as of a good, sure, perfect absolute and indefeazable Estate of Inheritance in Fee simplo, without any Reversion or Remainder in the Kings Majesty or otherwise. And also that the said J. B. now at the time of the ensealing and delivery of these present Indentures, hath good right, full power and lawful and absolute Authority to give, grant, bargain, sell, assure and confirm the said next Advowson, presentation, donation and free disposition of the said Rectory or Parsonage of the said Church of K. aforesaid, unto the said H.P. and E.M. their Executors, Administrators, and Assigns in manner and form aforesaid. And also that it shall and may be lawful unto and for the said H.P. and E.M. and either of them, their and either of their Executors, Administrators and Assigns, or any of them to present one fit person or Clerk to the next avoidance of the Church of K. aforesaid, whensoever the Church shall happen to be next voided, by any ways or means whatsoever, The which said person or Clerk by virtue and means of the said presentation shall be admitted, and inducted into the said Church or Rectory of K. aforesaid; Covenant for quiet enjoyment. And also that they the said H. P. and E. M. and either of them, their and either of their Executors, Administrators and Assigns, and every or any of them shall or lawfully may from time to time, and at all times hereafter peaceably and quietly have, hold, use, occupy, possess and enjoy the said next Advowson or next avoidance of the said Rectory or Church of K. aforesaid, without the let, svit, trouble molestation, interruption, eviction, disturbance or denial of him the said J. B. his Heirs, Executors, Administrators or Assigns, or any of them, or of the Kings Majesty, his Heirs or Successors or of any other person or persons whatsoever, now or at any time or times hereafter lawfully claiming, from, by or under him them, or any of them, or by, from or under him, them or any of their Estate, Right, Title or Interest. In witness, &c. A Grant or Surrender of a Lease to the next in Reversion, which Lease was forfeited to the Grantors, for Non-payment of a Sum devised by Will. THis Indenture made, &c. Between T. B. Gent. one of the attorneys of the Common Pleas, and S. his Wife, one of the Daughters of W.T. late of J. in the County of D. Gent. deceased on the one part, and J. N. of the City of D. Gent. on the other part. Whereas T. N. heretofore of the City of S. Recital of the Grantor's Title. Gent. by his Indenture of Lease, in Writing under his Hand and Seal bearing date the, &c. day of, &c. in the year of, &c. Did demise, grant, set and to Farmlet unto the said W. T. and his Assigns, all that messsage or Tenement, with one half Yard Land thereunto belonging, called or known by the name of S. with the Appurtenances, situate, lying and being within the Parish of S. in the County of S. together with one short Lane, containing one hundred yards in length, 10 yards in breadth lying at the uper end of the said Yard land; To Have and to Hold unto the said W.T. his Assignee and Assignees for the Term of fourteen years next ensuing, the date of the said recited Indenture of Lease if M. S. then Wife of J. S. Clerk, T. T. Son of the said W.T. And the then Wife of the said T. or any of them should so long live, at or for the yearly Rent of, &c. payable for the same, as in and by the same recited Indenture of Lease, with a Clause of Re-entry for Non-payment of the Rent, and divers Covenants therein mentioned, fully appeareth. And whereas the said M. and A. are now long since dead, and the said T. T. living, and that the said W. T. by his last Will and Testament in Writing, bearing date the, &c. day of, &c. amongst other Gifts and Demises therein given and bequeathed, did give and bequeath his two Leases of N. and S. and his Term therein to come unto the said T. T. upon Condition that he should pay unto the said S. 4 l. per Annum, during the continuance of the said Leases, and the longer of them, which if he should refuse to do, then and in that case he the said W.T. gave her the said Leases, and of the same Will made and constituted A. the then Wife of the said W. Executrix, and shortly after died, and the said A. him survived and duly proved the said Will, as in and by the same Will and Probat appeareth. And whereas the said T. T. made default of payment of the said 4 l. yearly, and did not at all pay any part thereof unto the said S. by reason whereof the said S. while she was Sole, and she and the said T. B. after their Intermarriage, became interested and entitled in and unto the said messsage and half Yard Land, and the said Lane, with their Appurtenances, for all the rest and residue of the said Term of 80 years therein to come and unexpired, if the said T. T. shall so long live, the Reversion in Fee of which said premises is now by lawful means come, descended and vested in the said J. N. Now witness this Indenture, That the said T.B. and S. his Wife, for and in Consideration of the Sum of, &c. of lawful Money of England to them the said E. and S. or one of them, before the ensealing and delivery of these presents by the said J.N. well and truly satisfied and paid, whereof and wherewith they the said T.B. and S. aclowledge themselves fully satisfied and contented, Grant. Have bargained, sold, granted, released, assigned and set over, and by these presents do bargain, sell, grant, release, assign and setover unto the said J. N. his Heirs and Assigns, as well the said recited Indenture of Lease, as also all and singular the said messsage and half Yard Land called S. and the said Lane and their Appurtenances, and all the right, title, interest, term, claim and demand whatsoever, of them the said T. B. and S. his Wife, and of either of them, of, in and to the same messsage and half Yard Land and the said Lane, and their Appurtenances, yet to come and unexpired in the said recited Indenture of Lease, and by virtue of the said recited last Will and Testament of the said W.T. or by any other means whatsoever; To Have and to Hold the same premises, Habendum. and every part thereof, with their Appurtenances, unto the said J. N. his Heirs and Assigns for ever. And the said T.B. for himself and the said S. his Wife, and for either of them and either of their Executors and Administrators, and for every of them, Covenant for quiet Enjoyment against the Grantors. doth covenant, promise and grant to and with the said J. N. his Heirs, Executors, Administrators and Assigns, and to and with every of them by these presents, That he the said J. N. his Heirs and Assigns, and every of them, shall and may from time to time, and at all times hereafter, during the residue of the said Term of 80 years( if the said T. T. shall so long live) quietly and peaceably have, hold and enjoy all and singular the said herein before bargained and released premises, without any manner of let, trouble, molestation, eviction, ejection or denial of them the said T. B. and S. his Wife, or either of them, their or either of their Executors, Administrators or Assigns, or of any other person or persons whatsoever, lawfully having or lawfully claiming the same premises or any part thereof, by from or under them or any or either of them. In witness, &c. jointures. A Settlement after Marriage by Fine, in pursuance of Articles of Agreement, with limitation of two jointures, Provisions for Portions and Education of young Children, &c. THis Indenture Tripartite made, &c. Between Sir J.B. and Dame M. his Wife of the first part, A.B. and C.D. of the second part, and S. B. Son of the said Sir J. B. and M. Daughter of the said A.B. of the third part, Witnesseth, That for and in Consideration Consideration. of a Marriage already had and solemnized between the said S.B. and M. and of the Sum of 2000 l. of lawful Money of England, to be paid unto the said Sir J. B. for the Marriage Portion of the said M. in such manner as is expressed in certain Articles of Agreement Indented, made between the said Sir J. B. and A. B. before the Intermarriage of the said S. and M. and for the settling a jointure on the said M. in pursuance of the said Articles, in case she the said M. shall happen to survive and over-live the said S. B. her Husband, and in full satisfaction of all Dower, right and title of Dower which she the said M. may at any time hereafter demand of in or out of all or any the Lands or Hereditaments which now are and hereafter shall be of the said S. B. And to the intent and purpose that all and every the manors, messages, Lands and Hereditaments may be settled and be and continue so long as it shall please God, in the Name and Blood of the said Sir J. B. and in full performance of the said Articles on the part of the said Sir J. B. Covenant for levying a Fine. It is covenanted, concluded and agreed by and between the said parties to these presents, and the said Sir J. B. for himself, his Heirs, Executors, Administrators and Assigns, doth covenant and agree to and with the said A. B. and C. D. their Heirs and Assigns, That they the said Sir J. B. and S. B. shall and will before the end of hilary Term next ensuing the Date of these presents, in due form of Law, levy and aclowledge before his Majesties Justices of the Court of Common-Pleas at Westminster, or before some other competent person or persons in that behalf to be lawfully authorised, one or more Fine or Fines Sur Conusans de droit come ceo, &c. with Proclamations thereupon, to be had and made according to the usual course of Fines with Proclamations for assurance of Lands in such cases used, and the form of the Statute in that behalf made and provided, unto the said A. B. and C. D. and their Heirs, or the Heirs of one of them, of all that, &c. and of the Reversion and Reversions, Remainder and Remainders of all and singular the said premises, and of every part and parcel thereof, the said Fine or Fines to be by the Name or Names of, &c. or by such other apt and convenient name or names, additions, descriptions, quantities, qualities, contents and numbers of Acres, or otherwise, in such manner and form as by them the said A.B. and C.D. or either of them, their or either of their Heirs or Assigns, or any of them, or by their or either of their Counsel Learned in the Law, shall be reasonably devised, advised or required. And it is declared and agreed by and between all and every the said parties to these presents, Eumerement of the Fine. and in particular the said Sir J. B. and S.B. do for themselves, &c. declare and agree, That the said Fine so or in any other sort to be levied and executed, and all and every other Fine and Fines, Conveyances and Assurances already had and executed, or hereafter to be executed by and between the said parties to these presents, of the said manors and premises, or any part thereof, shall be and enure, and shall be adjudged, construed, deemed and taken to be and enure, and is and are meant and hereby declared to be and enure, and the said Cognizees in the said Fine to be name, and their Heirs, shall stand and be seized of the said manors and premises comprised, or intended to be comprised in the said Fines and of every part thereof, to the several uses, intents and purposes, and upon and under the several and respective Trusts, Provisoes, Limitations and Conditions herein after limited, declared and appointed concerning the same, and to no other use, intent or purpose whatsoever;( That is to say,) As for touching and concerning all that, &c. To Sir J. B. for Life. to the use of the said Sir J. B. and his Assigns, for and during the Term of his Natural life, without impeachment of or for any manner of Waste, and from and after the determination of that Estate, to the use of the said Dame M. Remainder to Dame M. his Wife, for part of her jointure. his Wife for part of her jointure, for and during the Term of her Natural life, and from and after the determination of those Estates to such person and persons, and for the same use and uses as the parcels herein next after mentioned are limited and declared. And as for and concerning all those, &c. to the use and behoof of the said S. B. for and during the Term of his Natural life, Limitation for present Maintenance. without impeachment of or for any manner of Waste, for the present Maintenance of the said S. and M. his Wife; and after his decease, or other sooner determination of his said Estate for Life, to the use and behoof of the said A.B. and C.D. and their Heirs, for and during the Natural life of the said S. B. upon Trust, To Trustees, to preserve Contingent uses. to preserve and support the contingent uses thereof herein after limited and appointed from being defeated or destroyed, and to that purpose to make one or more Entry or Entries, as occasion shall or may require: But nevertheless, to permit and suffer the said S. B. to receive and take the Rents, Issues and Profits of the said last mentioned premises during his life, to his own proper use. And from and after the decease of the said S. B. then to the use and behoof of the said M. Wife of the said S. B. for and during the Term of her Natural life, for a further part of her jointure; For part of jointure. and from and after the several deceasies of the said S. and M. his Wife, and the Survivor of them, to the use and behoof of the said A. B. and C. D. their Executors, Administrators and Assigns, for and during the Term of 99 years fully to be complete and ended, Term limited to Trustees. on such Trusts and subject to such Provisoes and Conditions as are herein after expressed; and after the determination of that Estate, then to the use and behoof of the first Son of the Body of the said S. B. Entail on the Body of the said M. his Wife lawfully begotten and to be begotten, and the heirs Males of the Body of such first Son lawfully to be begotten; and for default of such Issue, to the use and behoof of the second Son of the Body of the said J. B. on the Body of the said M. his Wife lawfully begotten or to be begotten; and for default of such Issue, to the use and behoof of the third, fourth, fifth, sixth, seventh, eighth, ninth tenth, and every other Son and Sons of the Body of the said J. B. on the Body of the said M. his Wife lawfully begotten and to be begotten, severally and successively one after another, as they and every of them shall be in Seniority of Age and priority of Birth; and the heirs Males of the Bodies of all and every such Son and Sons lawfully issuing, the elder of such Sons and the heirs Males of his Body lawfully to be begotten being always preferred before the younger of such Sons, and the heirs Males of his Body issuing; and for default of such Issue Male living at the time of the decease of the said S.B. if the said M. Wife of the said S.B. shall be enseint of a Child at the time of his decease, then to the use of the said A. B. and C.D. and their Heirs until the birth of such after-born Child or Children, or death of the said M. Wife of the said S. B. which shall first happen; and if such after-born Child or Children shall be born alive, and shall be a Son or Sons, then to the use of such after-born Son and Sons, and the heirs Males of the respective Bodies of such after-born Son and Sons lawfully issuing successively, and so as the elder and first-born of such after-born Son and Sons, and the heirs Male of his Body lawfully issuing, shall and may be preferred before the younger of such Son and Sons and the heirs Male of his Body issuing; And for default of such Issue, Remainder to Sons of Grantor, by his appointment. to the use and behoof of such other Son and Sons of the Bodies of the said Sir J.B. and Dame M. his Wife, as they the said Sir J. B. and Dame M. his Wife, by any Writing under their Hands and Seals, or under the Hand and Seal of the Survivors of them shall nominate and appoint during his or their Lives, and the heirs Males of the Body or Bodies of such other Son or Sons lawfully issuing; and for default of such appointment, For default of Appointment, to heirs Males. then to the use and behoof of the heirs Males of the Bodies of the said Sir J. B. and Dame M. his Wife; and for default of such Issue then to the use and behoof of the right Heirs of the said Sir J.B. and Dame M. his Wife for ever. And as for and concerning all, &c. to the use and behoof of the said Sir J. B. for and during the Term of 80 years( if the said S. B. shall so long live) without impeachment of or for any manner of Waste: And after the determination of that Estate, to the use and behoof of the said Dame M. Wife of the said Sir J. B. for the Term of 80 years( if the said S. B. shall so long live;) and from and after the end or sooner determination of those Estates, Further jointure. to the use and behoof of the said M. Wife of the said S. B. for and during the Term of her Natural life, for her further jointure and in lieu of her Thirds and Dower, and from and after the decease of the said M. Wife to the said S. B. then to the use and behoof of the said Sir J. B. for and during the Term of his Natural life, without impeachment of or for any manner of Waste, and from and after his decease, to the use and behoof of the said Dame M. Wife of the said Sir J. B. for and during the Term of her Natural life: And from and after the several Deceases of the said M. Wife of the said S. B. and of the said Sir J. B. and of Dame M. his Wife, then to the use and behoof of the said S.B. for and during the Term of his Natural life, without impeachment of or for any manner of Waste; and from and after the several Deceases of the said Sir J. B. and M. his Wife, and of the said S. B. Limitation of a Term to Trustees. and M. his Wife, to the use of the said A. B. and C. D. their Heirs, Executors, Administrators and Assigns, for and during the Term of 99 years fully to be complete and ended, on such Trusts and subject to such Provisoes and Conditions as are herein after expressed. Afterward, to the heirs Males. And after the determination of that Estate, then to the use of the heirs Males of the Body of the said S.B. on the Body of any Woman or Women lawfully to be begotten, which he the said S. B. shall hereafter take to Wife, and the heirs Males of their Bodies issuing. And for default of such Issue, then to the use of such other Son and Sons of the Bodies of the said Sir J.B. and Dame M. his Wife, as they the said Sir J.B. and Dame M. his Wife, or the Survivor of them shall by any Writing or Writings under their Hands and Seals, or under the Hand and Seal of the Survivor of them, nominate and appoint, during his or their Lives, and the heirs Males of the Body or Bodies of such other Son or Sons lawfully issuing; and for want of such Appointment, then to the use and behoof of the heirs Males of the Bodies of the said Sir J. B. and Dame M. his Wife; and for default of such Issue, then to the use and behoof of the right Heirs of the said Sir J.B. and Dame M his Wife for ever. And as for and concerning all, &c. whereof no Use herein is before limited to the said M. Wife of the said S.B. for her jointure, to the use and behoof of the said Sir J. B. for and during the Term of his Natural life, without impeachment of or for any manner of Waste; and from and after the determination of that Estate, to the use of the said Dame M. Wife of the said Sir J.B. for and during the Term of her Natural life for her further jointure; and from and after the several deceases of the said Sir J. B. and Dame M. his Wife, and the Survivor of them, to the use and behoof of the said S. B. for and during the Term of his Natural life, without impeachment of or for any manner of Waste; and from and after the several Deceases of the said Sir A. B. and Dame M. his Wife, and of the said S. B. then to the use and behoof of Trustees for 99 years, upon Trusts following( ut suprà,) Remainder to Tail Male general of S. B.( ut suprà) Remainder to other Sons of Sir J. B. and Dame M. by Appointment( ut suprà,) for default of Appointment, to heirs Males( ut suprà,) Remainder to right Heirs( ut suprà.) And as for and concerning the said several Terms of 〈◇〉 years so limited, to them the said A.B. and C.D. their Executors, Administrators and Assigns, as aforesaid, it is declared, That the same is so limited to them, to the uses, intents and purposes, and upon and under the several Trusts, Provisoes and Limitations herein after declared, limited and appointed concerning the same;( That is to say) in case the said S. B. shall die without any Issue Male of his Body, begotten on the Body of the said M. his intended Wife, born at, or to be born after his death; If no Issue Male, or Issue Male all die, and but one Daughter, then such a Portion and such allowance for Education. or if the heirs Males between them begotten shall happen to die without Issue Male of their Bodies issuing, before his or their Age or Ages of 21 years, and there shall be one or more. Daughter or Daughters of the Body of the said S. B. on the Body of the said M. his intended Wife begotten, which shall attain to their respective Age or Ages of 18 years, or be married, which shall first happen, Then in Trust, that they the said A.B. and C.D. their Executors, Administrators and Assigns, and the Survivor and Survivors of them, after the several Deceases of the said Sir J. B. and Dame M. his Wife, and S.B. and every of them, shall out of the Rents, Issues and Profits of all and singular the premises herein before to them particularly limited, or by Lease, Sale or Mortgage thereof, or any part thereof, raise the Sum of 〈◇〉 pounds of lawful Money of England, which said Sum shall be paid to such Daughter or Daughters in manner and form following;( That is to say,) If there shall be but one such Daughter, then to such one Daughter at her Age of 18 years, or day of Marriage, which shall first happen, the Sum of 〈◇〉 pounds; and in the mean time in Trust, that they the said A. B. and C. D. and the Survivor of them, and the Executors, Administrators and Assigns of such Survivor, shall after the several Deceases of the said Sir J. B. and Dame M. his Wife, and S. B. and every of them, out of the Rents, Issues and Profits of the premises, raise and pay to such Daughter the yearly Sum of, &c. for her Maintenance: And in case there shall happen to be two or more such Daughters then in Trust, that they the said A. B. and C. D. If more Daughters, what Portions. their Executors, Administrators and Assigns, and the Survivor of them, shall out of the Rents, Issues and Profits of the premises, or by Sale, Lease or Mortgage thereof, or of any part thereof, raise and pay unto such Daughter or Daughters the Sum of 〈◇〉 pounds of lawful Money of England, equally to be divided between them, the said respective payments of their respective shares and proportions of the said Sum of 〈◇〉 pounds, to be paid them and every of them at their respective Ages of 18 years, or days of Marriage, which shall first happen. And after the payment, as aforesaid, If after any have received, any of the other, die before theirs due, the share of such so dying to be paid amongst Survivors. of any such share or proportion, or more, made to any of the said Daughters, as aforesaid; If any other of the said Daughter or Daughters shall happen to die before her or their respective Age or Ages of 18 years, or days of Marriage, then on further Trust, that the said Trustees and the Survivor of them, the Executors, Administrators and Assigns of such Survivor, her or their respective shares and proportions, shall likewise raise and pay, or cause to be paid to the surviving Daughter or Daughters,( the payment of her or their former shares or proportions, as aforesaid, in any wise notwithstanding.) And also on further Trust, that until all the said several shares and proportions of 〈◇〉 pounds, shall be unto the said Daughter and Daughters respectively paid, the said A. B. and C. D. and the Survivor of them, Education Money, if more Daughters than one. the Executors, Administrators and Assigns of such Survivor, shall after the several Deceases of the said Sir J. B. and Dame M. his Wife, and S. B. raise and pay, or cause to be paid to every such Daughter or Daughters respectively for their Maintenance the several and respective Sums of, &c. yearly, And it is hereby further declared and agreed by and between the said parties to these presents, if the said S. shall have a Son by him begotten on the body of the said M. his Wife living at the time of the decease of the said S. B. or born after his death, and shall have any other Child or Children by him begotten on the Body of the said M. his intended Wife, If a Son and other Children, then such other Children to have so much per Ann. for Education. to be living at the time of the decease of the said S. B. or to be born after his death, and that such other Child or Children, have no sufficient livelihood, maintenance or preferment, then upon further Trust, That the said A. B. and C. D. and the Survivor of them, the Executors, Administrators and Assigns of such Survivor shall until such other Child or Children of the said S.( other than the eldest Son of the said S.) without such maintenance or livelihood as aforesaid, shall attain unto their several and respective ages of 21 years or days of Marriage, shall after the several and respective decease of the said Sir J. B. and Dame M. his Wife, and either of them out of the Rents, Issues and Profits of the premises, raise and pay or cause to be raised and paid to every such Child and Children,( other than the eldest Son of the said S. aforesaid) severally and respectively the yearly Sum of, &c. for his, her and their respective maintainances. And it is hereby further declared, by and between all the said parties to these presents; That in case the said S. shall have a Son by him begotten on the Body of the said M. his Wife, If Issue Male attain full age or mary then Trustees to raise sum for younger Childrens, portion● and maintenance as S. shall appoint. who shall in the life time of the said S. or after come to the full age of 21 years or be married, and shall have any other Child or Children, by him also begotten on the Body of the said M. his Wife, and living at the time of the decease of the said S. or to be born after his decease, That then the said A. B. and C. D. the Survivor of them, the Executors, Administrators and Assigns of such Survivors out of the Rents, Issues and Profits of the premises so limited to them as aforesaid, or by Sale, Lease or Mortgage thereof, or of any part thereof after the several deceases of the said Sir J. B. and Dame M. his Wife, and of the said S. and every of them shall raise such Sum and Sums of money not exceeding in the whole, the Sum of 〈◇〉 pounds of, &c. for the portion and portions, further maintenance and maintainances of all and every such Children of the said S.( other than the eldest Son of the said S.) and to be paid at such time and times, and in such proportion and proportions as the said S. by any Writing under his Hand and Seal executed, and testified by 3 or more credible Witnesses, or by his last Will and Testament in Writing executed and testified as aforesaid, shall limit, declare and appoint. And it is hereby further declared by all the said parties to these presents, That from and after the said Sum of, Trustees after portions and maintainances paid, to settle residue of Term on him in remainder. &c. and the said Sum of, &c. before mentioned shall be raised and paid in manner as aforesaid, and also from and after the several yearly maintainances of, &c. aforesaid, shall be raised and paid as aforesaid, That then the said A. B. and C. D. and the Survivor of them, the Executors, Administrators and Assigns of the Survivor shall convey, surrender, assign and yield up the remainder and remainders of the said Term of 99 years to such person or persons, to whom the next and immediate Reversion and Inheritance of the said premises expectant on the said Terms of 99 years, shall then for the time being belong by virtue of these presents, or by any other ways or means whatsoever, discharged of all encumbrances at any time then before to have been made by them the said A. B. and C. D. or either of them, their or either of their Executors, Administrators or Assigns. Provided always, that if the said Daughter or Daughters of the said S. If all younger Children die before 18 years or marriage, then the Terms before limited to Trustees not charge the Lands with such portions. and M. his Wife to be begotten shall happen to die before her or their respective ages of 18 years or days of Marriage; or in case the said S. shall have Issue by the said M. his Wife, several Sons or one Son, and one or more Daughter or Daughters, if all the said younger Son and Sons, and Daughter or Daughters shall happen to die before their ages of 18 years or days of Marriage; Then the said Term of 〈◇〉 years shall not extend to charge the said manors and premises with the said Sum of, &c. for such Daughter or Daughters, nor with the said Sum of, &c. for such younger Son or Sons respectively. If he in Remainder pay or secure, &c. then Terms to cease. Provided also, That if the said Sum of, &c. or any part thereof shall become payable to such Daughter or Daughters as aforesaid; or in case the said Sum of, &c. or any part thereof shall become payable to the said younger Son and Sons or Daughter and Daughters as aforesaid, and such person or persons to whom the Reversions, Free-hold or Inheritance of the same premises, or any Estate in Remainder immediately expectant on the said several and respective Terms, according to the Limitations herein before contained, shall for the time being, come, descend or appertain, shall within one year next after the decease of the said S. B. well and truly pay or cause to be paid, or to the good liking of the said AB. and C. D. or the Survivor of them his Executors, Administrators and Assigns, secure or cause to be secured to be paid to such Daughter or Daughters the said Sum of, &c. or to such younger Son or Sons, Daughter or Daughters the said Sum of, &c. in such manner and at such time and times as the same are respectively payable aforesaid, or within 6 months after the same or any part thereof shall be payable as aforesaid, and shall also pay or secure to be paid as aforesaid to such Daughter or Daughters, and to such Son and Sons all and every the said yearly maintainances of, &c. aforesaid, respectively as aforesaid, then the said respective Terms of 99 years so limited to them the said A. B. and C. D. as aforesaid shall cease, determine and be voided, any thing herein before contained to the contrary thereof in any wise notwithstanding. Proviso For making a jointure for two, or other Wife. Provided always, and it is declared and agreed by and between all the said parties to these presents, That it shall and may be lawful to and for the said S. B. from and after the decease of the said M. his Wife, without any Issue Male of her Body by the said S. B. lawfully to be begotten then living, by any Writing or Writings under his Hand and Seal, testified by 2 or more credible Witnesses to assign, limit and appoint all or any part of the premises, herein before limited to the said S. B. for his life, for his present maintenance, to any person or persons, to or for the use of any Woman or Women which he the said S. B. shall happen to take to Wife, after the decease of the said M. his Wife, without any issue Male on her Body by the said S. B. begotten then living as aforesaid, for the life or lives of such Wife or Wives, for her or their jointure or jointures: And that from and after such Limitation and Appointment, the said Fine and Fines so as aforesaid, or in any other manner to be had and executed, and the said cognizees therein name, and their Heirs shall stand and be seized of such part of the premises, as shall be so appointed or limited to the use of such Woman or Women, as the said S. B. shall hereafter fortune to mary, for and during the natural life and lives of such respective Wife or Wives in manner as aforesaid, any thing herein before contained to the contrary thereof in any wise notwithstanding; Proviso. For making of Leases. Provided also, That it shall and may be lawful to and for the said Sir J. B. and after his decease to and for the said Dame M. his Wife, in case she happen to Survive him, and also to and for the said S. B. for and during the several and respective Terms, of their several and respective natural lives respectively from time to time, and at all times from and after the 〈◇〉 day of, &c. next ensuing, and from and after the several deceases of the said Sir J. B. and Dame M. his Wife, and of the said S. B. to and for any person or persons, to whom any use or Estate is herein before limited, respectively of the said premises or any part thereof, being in Possession of such use or Estate during their respective natural lives, Being of 21 years age. being of the age of 21 years or above, by any dead or Deeds indented, signed, sealed and delivered in the presence of 3 or more credible Witnesses, to make any Lease or Leases, Demise or Demises of the premises or of such respective part thereof, as they shall be so in Possession of, by virtue of and according to the several and respective Limitations herein before to them made; so as such Lease or Leases be in Possession and not in Reversion, and so as such Lands have been usually letten by the space of, &c. now last past, unto any person or persons for any Term or Terms not exceeding 3 lives, For 3 lives or 21 years. or for any number of years not exceeding 21 years from the making thereof, Without any Fine. without any Fine or Income, so as the best and most improved yearly Rents, as for 21 years last past had been reserved, or so much Rent as really and bonâ fide may be got for the same, Reserving as much Rent bonâ fide as can be got. be thereupon respectively reserved to be due and payable, during the whole Term and Terms of such respective Lease and Leases, so as in and by every such Lease and Leases, Lessees to be restrained from doing wast. the respective Lessee and Lessees therein name, their Executors, Administrators and Assigns. be restrained from doing or suffering any wast or spoil to be done in and upon the said so to be demised premises and every part thereof: Lessees to seal counter parts of Leases. And so as every such Lessee and Lessees do seal and deliver Counterparts of such Lease or Leases, All and every which said respective Rent and Rents, with the Counter parts of such Lease or Leases, it is covenanted and declared, by and between all the said parties to these presents, shall from time to time remain and come to all and every such respective person and persons, to whom the use and behoof of the said premises are before respectively limited and declared in and by these presents; And that in such Case and Cases, and upon the making and granting such Lease or Leases as aforesaid, Trustees to stand seized to use of Lessees. the said A. B. and C. and the Survivor of them his Heirs and Assigns, shall stand and be seized of such part and parts of the premises as shall happen so to be Leased, to the use and behoof of such respective Lessee and Lessees their Executors and Administrators, according to their several Leases and Estates, the said several and respective Lessees their Executors, Administrators and Assigns paying their several Rents upon their several Leases to be reserved, and of the Reversion and Reversions, Remainder and Remainders of the said premises, to the several and respective uses before in these presents limited and expressed. In witness, &c. A Settlement upon Marriage in pursuance of Articles of Agreement, where the Estate passes by Recovery. The Uses declared in this dead, wherein a jointure is limited for the Wife, remainder settled on the Issue, with good provisions for younger Sons and Daughters. THis Indenture Quadripartite made, &c. Between E. B. of, &c. and J. his Wife of the first part, H. H. of, &c. and W. R. of, &c. of the second part, E. P. of, &c. and M. W. of the third part, and Dame Martha H. alias, &c. relict of W. J. deceased of the fourth part witnesseth, That for and in Consideration Consideration. of a Marriage already had and solemnized between the said E. B. and J. his Wife, one of the Daughters of the said W. J. and also in Consideration of the Sum of, &c. of lawful money of England, by the said Dame M. H. alias J. in hand paid being the Marriage portion of the said J. mentioned in certain Articles of Agreement indented, and bearing date the 〈◇〉 day of, &c. last past, before the date hereof, made between the said E. B. of the one part, and the said Dame M. H. alias J. of the other part, by such names and additions as are therein expressed, of and for which said Sum of, &c. the said E. B. doth hereby aclowledge himself fully satisfied and paid, and therefore doth hereby acquit the said Dame M. H. alias J. her Heirs, Executors and Administrators, and to the intent and purpose that the manors, Lands, Tenements and Hereditaments with the Appurtenances herein after mentioned, may in part of performance of the said Articles be conveyed, settled and assured as well to the said J. for her natural life, for part of her jointure, and towards her livelihood and maintenance in case she shall Survive the said E. B. as for the continuing thereof afterwards in the Blood and Lineage of the said E. B. and for the making of some provision for the Children of the Body of the said E. B. which are or shall be by him begotten on the Body of the said J. and for the settling, conveying and assuring of the manors, messages, Tenements and Hereditaments with their Appurtenances hereafter in these presents mentioned, to such uses, intents and purposes, and under such Provisoes and Conditions as are herein hereafter mentioned, limited, declared and expressed, and for divers other good and valuable Causes and Considerations thereunto moving, he the said E. B. Covenant to convey the Lands to make tenant to the praecipe. doth for himself, his Heirs, Executors and Administrators, and every of them Covenant, Promise and Agree to and with the said M. H. alias J. his Executors and Administrators, by these presents, That he the said E.B. shall and will on his side, and before the 〈◇〉 day of 〈◇〉 next ensuing, the date hereof by good, lawful and sufficient conveyances and assurances in the Law, at his own costs and charges, grant, convey and assure unto the said E.P. and M.W. and to their Heirs or to the Survivor of them and his Heirs, all that the Mannor, &c. and the Reversion and Reversions, Remainder and Remainders of all and singular the said premises, and of every part and parcel thereof, and all the Estate, Right, Title, Interest, Claim, Property and Demand whatsoever, of him the said E. B. his Heirs and Assigns, of, in and to the same, To the intent and purpose only, That by force and virtue of such grant, conveyance and assurance, they the said E. P. and M.W. and the Survivor of them, may be and be adjudged to be perfect Tenants of the Free-hold of all and singular the said manors and premises, with their and every of their Appurtenances, until one or more perfect Recovery or Recoveries thereof may be had against them the said E.P. and M.W. or against the Survivor of them, or the Heirs of such Survivor, for which end and purpose they the said E. P. and M. W. and the Survivor of them, shall and will permit and suffer the said H. H. and W. R. or the Survivor of them, to Commence, sue forth and Prosecute against the said E. P. and M. W. or the Survivor of them, or against the Heirs of such Survivors, One or more Writ or Writs of Entry Sur Disseizin en le post, to be returnable before the Justices of his Majesties Court Common Bench at Westminster, according to the usual course and manner of common Recoveries, in such cases used and accustomend in the said Court; In and by which said Writ and Writs, the said H. H. and W. R. shall demand against the said E. P. and M. W. or the Survivor, of them, the said manors, messages and all and singular other the said premises, with their and every of their Appurtenances, by such apt and convenient name or names, quantity, quality or number of Acres, or other certainty or description in the said Writ or Writs of Entry to be comprised, unto which said Writ or Writs of Entry so to be commenced, sued forth or prosecuted as aforesaid, they the said E. P. and M. W. or the Survivor of them, shall appear in their own person or persons, or by their attorney or attorneys in that behalf to be authorised, and shall make defence therein according to Law, and thereupon vouch to Warranty thereof, the said E. B. who shall thereupon likewise appear either in his own proper person, or by his Attorney or attorneys in that behalf to be authorised, and shall make his defence therein according to Law, and shall thereupon Vouch to Warranty thereof, the common Vouchee who shall thereupon appear and imparle, and in Contempt of the Court depart, and make default whereby a perfect Recovery may be had and executed, and accordingly shall be had and executed of the Mannor, messages and premises aforesaid, with their and every of their Appurtenances, according to the usual course of common Recoveries for Assurance of Lands, Tenements and Hereditaments in such cases used, and accustomend in his Majesties Court of Common Bench at Westminster aforesaid. The use of the Recovery. And it is hereby declared, by and between all and every the said parties to these presents, That the said common Recovery or Recoveries so as aforesaid, or in any other manner to be had and executed, and all other common Recoveries whatsoever had or executed, or to be had and executed of the said Mannor, messages, Lands, Hereditaments and premises with their Appurtenances or any part thereof, by or between the said parties to these presents or any of them, from and immediately after the perfecting thereof, shall be and enure, and shall be adjudged, deemed and taken to be and enure, and the said Demandant and Demandants, Recoverer and Recoverers therein, his and their Heirs, and all and every person and persons by virtue thereof seized, or to be seized of the said Mannor and premises with their Appurtenances, shall stand and be seized thereof to the several and respective uses, intents and purposes, and under the several Provisoes and Conditions hereafter in these presents limited, expressed and declared, and to no other use, behoof, intent or purpose whatsoever;( that is to say,) To the use and behoof of the said. E. B. for and during the Term of 99 years, Upon Hu●band for life. if he the said E.B. shall so long live, without impeachment of or for any manner of Wast, and from and after the end, expiration or other determination of the said Term of 99 years, Limitations to Trustees to preserve contingent remainders. then to the use and behoof of the said H. H. and M. W. their Heirs and Assigns, for and during the natural life of the said E. B. upon trust to support and preserve the contingent Uses, Estates and Remainders thereof, hereafter in these presents limited and declared, from being defeated, barred or destroyed, and for that end and purpose to make Entries as occasion shall require. In witness, &c. Leases. A Lease of a messsage and Lands in the Country, with several special Reversions and Covenants. THis Indenture made, &c. Between M. H. of, &c. in the County of, &c. of the one part, and J.W. of, &c. in the County of, &c. of the other part, Witnesseth, That the said M. H. as well for and in Consideration of the Rents and Services herein after reserved, and of the performance of the Covenants and Agreements herein hereafter mentioned and expressed to be kept, done and performed on the part and behalf of the said J.W. and his Executors, Administrators and Assigns, as also for divers other good valuable Causes and Considerations her thereunto especially moving, Hath demised, granted, set and to Farm-letten, and by these presents doth demise, grant, set and to Farm-let unto the said J. W. his Executors, Administrators and Assigns, all that messsage or Tenement, with the Appurtenance, situate standing and being in, &c. in the said County of, &c. Habendum. To Have and to Hold the said mentioned demised premises and every part thereof, with the Appurtenances, unto the said J. W. his Executors, Administrators and and Assigns, for and during, and unto the full end and Term of 99 years from thence next ensuing, and fully to be complete and ended, if the said M. H. shall so long live; Reddendum. Yielding and paying therefore yearly, and every year during the said Term hereby demised unto the said M.H. and her Assigns, the yearly Rent or Sum of, &c. of lawful Money of England, upon the Feast-day of St. Michael the Archangel and the Annunciation of the Blessed Virgin Mary, by even and equal portions, the first payment thereof to begin upon the Feast-day of St. Michael the Archangel next ensuing the date hereof: And also yielding and paying unto the said M. H. and her Assigns, Reddend' more for ploughing. yearly and every year during the said Term thereby demised, upon the Feast-days of St. Michael the Archangel and the Annunciation of the Blessed Virgin Mary, by even and equal portions, the yearly Rent or Sum of, &c. of lawful Money of England, for every year of the said demised premises, which the said J. W. shall plow, air, break-up or convert into Tillage, or cause or procure to be ploughed, eyred, broken-up or converted into Tillage, other than such of the said mentioned demised premises, as have usually heretofore and now are used in Tillage. Distreth. And if it shall happen that the yearly Rent or Rents herein before-reserved, or any of them, or any part thereof shall be behind and unpaid, in part or in all, by the space of 20 days next after any of the said days or times on which the same ought to be paid, as aforesaid, That then and from thenceforth it shall and may be lawful unto and for the said M. H. and her Assigns, into the said mentioned demised premises, and every or any part thereof, with the Appurtenances, to enter and distrain for the same, and the Distress and Distresses there found, to take, led, drive and carry away, and the same to detain, impound and keep until the said yearly Rent and Rents herein before in manner and form aforesaid reserved, and the Arrearages thereof, if any such shall be, shall be unto the said M. H. and her Assigns, fully satisfied, contented and paid. And if it shall happen, that the said yearly Rent or Rents herein before reserved shall be behind and unpaid, in part or in all, Re-entry. by the space of 30 days next after any of the said days or times on which the same ought to be paid, as aforesaid( being lawfully demanded) that then and from thenceforth it shall and may be lawful to and for the said M. H. and her Assigns, into and upon the said mentioned demised premises, and every part thereof, with the Appurtenances, wholly to re-enter, and the same to have again, retain, repossess and enjoy, as in his or their former Estate or Title, any thing in these presents contained to the contrary thereof in any wise notwithstanding. And the said J. W. for himself, A Covenant to pay the Rent. his Heirs, Executors and Administrators, and every of them, doth covenant, promise, grant and agree to and with the said M. H. her Executors, Administrators and Assigns, and every of them by these presents, That he the said J. W. his Executors, Administrators or Assigns, or some of them, shall and will yearly and every year, and from time to time, during the said Term hereby demised, well and truly content, satisfy and pay, or cause to be paid unto the said M. H. and her Assigns, the said yearly Rent or Rents herein before reserved, to be payable at the several days and times herein before appointed for the payment thereof, and in such manner and form as the same shall hereafter grow due and payable, according to the true intent and meaning of these presents. A Covenant from the Lessor to set the messsage in good Repairs. And the said M.H. for her self, her Heirs, Executors, Administrators and Assigns, and every of them, doth covenant, promise, grant and agree, to and with the said J. W. his Executors, Administrators and Assigns, by these presents, That she the said M. H. her Executors, Administrators and Assigns, shall on this side and before the, &c. day of, &c. next ensuing the date hereof, amend and put the said messsage or Tenement, and the Building and Out-houses thereunto belonging, at her own proper costs and charges, in good and Tenantable repair. Covenant from the Lessee to keep repairs in the Houses, Hedges and Ditches. And the said J.W. for himself, his Heirs, Executors, Administrators and Assigns, and every of them, doth covenant, promise, grant and agree to and with the said M.H. her Executors, Administrators and Assigns, and every of them by these presents, in manner and form following;( That is to say,) That he the said J. W. his Executors, Administrators and Assigns, shall and will from time to time, and at all times from and after the said, &c. day of, &c. next ensuing the date hereof, for and during all the then rest and residue of the said Term hereby demised, when and so often as need shall require, well and sufficiently repair, uphold, maintain, amend and keep the said mentioned demised messsage or Tenement, and all the Buildings, Barns, Stables, Walls, Mounds and Fences thereunto belonging in good and sufficient Repair; and the same so well and sufficiently repaired, upheld, maintained, amended and kept in good and sufficient repair, at the end and expiration of the said Term hereby demised, or other or sooner determination thereof, shall and will leave, surrender and yield up unto the said M. H. and her Assigns, or to such other person or persons to whom the next and immediate Reversion of and in the said mentioned demised premises, with the Appurtenances, shall after the end and expiration, or other or sooner determination of the said Term hereby demised, belong and appertain: And also, That he the said J.W. his Executors, Administrators and Assigns, shall and will from time to time, and at all times during the said Term hereby demised, well and sufficiently repair, amend, scour, cleanse and keep in sufficient repair all the Hedges, Ditches, Fences and Mounds in and about the said demised premises, the same so well and sufficiently repaired, amended, scoured, cleansed and kept in good and sufficient repair, at the end and expiration or other sooner determination of the said Term hereby demised, shall and will leave, surrender and yield up unto the said M. H. or her Assigns, or to such person or persons, or to whom the next and immediate Reversion, of and in the said mentioned demised premises with the Appurtenances shall belong and appertain. And further, A Covenant not to consent to enclosure. that if at any time or times hereafter during the said Term hereby demised, any of the Freeholders, Owners or Occupiers of any Land in, &c. aforesaid, shall attempt or go about to improve, or enclose the open or commonable Fields of, &c. aforesaid, or any part thereof, That he the said J. W. his Executors, Administrators or Assigns, shall not consent or agree thereunto, without the special Licence of the said M. H. first had and obtained under her hand and seal: And if the said M. H. shall give licence, or shall think good to give such licence, that then the said J. W. his Executors, Administrators and Assigns, shall also consent and agree to such Improvement or enclosure, and shall freely yield and agree to the exchange of such parts of the said mentioned demised premises, as the said M. H. shall thing good to make for any other Lands in, &c. aforesaid, in order to such Improvement or enclosure as aforesaid. And furthermore, A Covenant to bring coals that he the said J.W. his Executors, Administrators and Assigns, shall and will yearly, and every year during the said Term hereby demised between the, &c. day of, &c. and the, &c. day of, at his and their own proper costs and charges fetch for the said M. H. one sufficient Cart-load of good Pit-coals, which shall contain 200 weight at the least from such Coal-pit or Delphs within, &c. Miles distance from the Town of, &c. aforesaid, or any other place within, &c. Miles distance thereof, as the said M.H. shall from time to time direct and appoint, the said M. H. from time to time, allowing unto the said J. W. his Executors, Administrators or Assigns, the price of each such load of Coals, which the same shall cost at the Pits or Delphs, from which the same shall be fetched, out of the next Rent that shall be due unto her, upon and by virtue of these presents. Not to cut Hedges, but to Scour the Ditches. And moreover that the said J. W. his Executors, Administrators or Assigns, shall not in any one year during the said Term hereby demised, cut down any more of the Hedges, Thorns or tinsel growing, or that hereafter during the said Term hereby demised, shall grow upon the said demised premises with the Appurtenances, or any part thereof, than only after the rate and proportion of 2 Acres length in any one year, and that in an husbandlike and orderly manner, and at seasonable times in the year, and when, and so often as the said J.W. his Executors, Administrators or Assigns, shall cut down any of the said Hedges, Thorns or tinsel, the said J.W. his Executors, Administrators or Assigns, shall well and sufficiently cleanse and scour up the Ditches, Mounds and Trenches against the place where such Hedges, Thorns or tinsel, shall be from time to time cut down, Covenant not to out Ash or Elm. And also that the said J.W. his Executors, Administrators or Assigns, shall not at any time or times during the said Term hereby demised, Fell, Cut down, Crop, Lop or Plash any of the Trees of Ash or Elms standing or growing in or about the said demised premises or any part thereof, but it shall or may be lawful to and for the said M.H. and her Assigns, at all seasonable times during the said Term hereby demised, at her will and pleasure to enter upon the said demised premises or any part thereof, where any three or Trees of Ash or Elm is or are or shall be growing, and the same Trees of Ash and Elm to crop, top and plash, and the same croppings, toppings and plashings have and retain, and for the carrying the same away, to come or enter upon the said demised premises or any part thereof, with her servants, workmen, carts or carriages. A Covenant to keep Land in good heart. And further, that the said J. W. his Executors, Administrators and Assigns, shall and will from time to time, and at all times during the said Term hereby demised, in an orderly and husband-like manner, till, dress, manure, and order the arable Lands, parcel of the said demised premises, and the same also in an orderly and husband-like manner, tilled, dressed, manured and ordered, and in as good heart and plight as the same now are in, maintained and kept, at the end and expiration of the said Term hereby demised, or other, or sooner determination thereof, shall and will leave, surrender and yield up unto the said M. H. or her Assigns, or unto such other person or persons, unto whom the next and immediate Reversion thereof shall belong and appertain. And furthermore, A Covenant ●o deliver four strikes of apple. That the said J.W. his Executors, Administrators and Assigns, shall and will yearly, and every year during the said Term hereby demised, in the Autumn when apple are usually gathered, deliver or cause to be delivered unto the said M. H. and her Assigns, four strikes of such apple that shall be growing and gathered in the Orchard, parcel of the said demised premises as the said M.H. or her Assigns, or any other person or persons in that behalf nominated and appointed by her or her Assigns, shall choose or think good to have, A Covenant to pay Taxes, some by Lessor some by Lessee. And it is covenanted and agreed by and between the said parties to these presents, That all such Taxes, Demises and Assessments, to or for the Church, Chapel or Poor of, &c. aforesaid, or the parochial Church, unto which the Town or Village of, &c. aforesaid doth belong or at any time or times during the said Term hereby demised, shall be taxed, set or imposed upon the said demised premises or any part thereof, shall from time to time be paid and discharged by the said J. W. his Executors, Administrators and Assigns, And all other Taxes and Assessments whatsoever, which at any time or times during the said Term hereby demised, shall be taxed, set or imposed upon the said demised premises or any part thereof, shall be from time to time paid and discharged by the said M. H. her Executors, Administrators or Assigns, or else deducted and allowed unto the said J. W. his Executors, Administrators and Assigns, out of the Rent for the said demised premises that shall be due, according to the reservation aforesaid, next after the payment of the Taxes, A Covenant from the Lessor for quiet enjoyment. Levies and Assessments, And the said M. H. for her self, her Heirs, Executors and Administrators, doth covenant, promise, grant and agree, to and with the said J. W. his Executors, Administrators and Assigns by these presents, That he the said J. W. his Executors, Administrators and Assigns, for and under the payment of the said yearly Rent and Rents herein before reserved, and the performance of the covenants, promises and agreements herein before expressed, to be kept and performed on the part and behalf of the said J. W. his Executors, Administrators or Assigns, peaceably and quietly, have, hold, use, occupy, possess and enjoy the said mentioned demised premises, and every part thereof with the Appurtenances, without the lawful let, svit, trouble, interruption, eviction, molestation or disturbance of the said M. H. her Heirs, Executors, Administrators or Assigns, or any of them, or of any other person or persons whatsoever, having or lawfully claiming to have, or that at any time or times hereafter, and during the said Term hereby demised, shall or may have or lawfully claim to have any lawful Estate, Right, Title or Interest, into or out of the said mentioned demised premises, or any part thereof with the Appurtenances, by from or under the said M. H. her Heirs, Executors, Administrators or Assigns, or any of them, or by, from or under her, their or any of their Act or Acts, means, consent or procurement. In witness, &c. Lease of a messsage and Mills by a Joyntenant to a Friend in Trust for 2000 years, to prevent Survivorship. THis Indenture made, &c. Between J. S. of, &c. Baker on the one part, and T. B. of, &c. Ironmonger on the other part, witnesseth, That the said J. S. as well for and in Consideration Consideration. of the full Sum of, &c. lawful money of England, to him before the ensealing and delivery of these presents, in hand paid, as also for divers other causes and considerations, him in this behalf especially moving; Hath granted, bargained, demised and set, and by these presents doth grant, Grant. bargain, demise and set unto the said T. B. his Heirs, Executors, Administrators and Assigns, all that the moiety or half part of all that messsage or Tenement and Stable, and of all those 3 Water-Corn-Mills with their Appurtenances, commonly called or known by the name of B. Mills, with the moiety or other half part of all the edifices and buildings, unto them every or any of them belonging, And also all that the moiety or half part of all that the Garden, Orchard, and Cherry Orchard there in the possession of one J. L. And all that the moiety or half part of all those two Meadows or Pasture Grounds, there called the Hornayl and old Lands, And the moiety or half part of all that other Meadow or Pasture Ground, there called the Fish-pool, and all that the moiety or half part of all that other little piece of ground there, wherein certain other Twigs or perches do grow, with their and every of their Appurtenances, All which said Garden, Orchard, several mentioned Meadows or Pasture Ground, now are and usually have been used, occupied and enjoyed to and with the said Water-Corn-Mill, and all which together with the said Mills, and other the premises are situate, lying and being at or near B. Bridge in the Parish of L. in the County of L. together with the moiety or half part of all Banks, Stanks, pounds, Flood-gates, Wears, Waters, Fishings, Commodities and Appurtenances whatsoever, unto the said Mills and Grounds or to any of them belonging, or therewith now or lately used or of right enjoyed, And the moiety or half part of all Rents reserved, and henceforth to become due and payable upon any Lease heretofore made of the said granted premises, Eabendu● or any of them; To Have and to Hold the said moiety, or one half part of all the said herein before granted messsage or Tenement, and Mills, and all other the premises, as also all the Estate, Right, Title, Interest, Use, Possession, Claim and Demand whatsoever of him the said J. S. of, in or to the said moiety or one half part of all and singular the premises, unto him the said T. B. his Heirs, Executors, Administrators and Assigns, from the day next before the date hereof, for and during the full Term of 2000 years then next ensuing, and fully to be complete and ended; Yielding and paying therefore yearly, Reddendum. and every year during the said Term, unto the said J. S. his Heirs and Assigns, the Rent of one Pepper-corn at the 25 day of December, if the same shall lawfully be demanded, And the said T. B. doth hereby ratify and declare, That this present dead is made unto him, his Executors, Administrators and Assigns, as a dead only in Trust, to sever the Joyntenancy and to prevent and bar all Tenancy of the said premises, by Survivor-ship of R. K. of, &c. in case he shall happen to Survive and over-live him the said J.S. which said J. S. and R. K. for 126 l. of lawful money of England, lately jointly purchased and bought, the said messsage, Barn, Garden, Orchards, Mills, Grounds, Banks, Stanks, pounds, Floodgates, Wears, Waters, Fishings, Commodities and Appurtenance herein before mentioned to them, their Heirs and Assigns for ever of W. L. of, &c. and M. his Wife, and R.L. of, &c. Son and Heir apparent of the said W. L. as by their dead indented of Feoffment thereof unto the said J. S. and R. K. their Heirs and Assigns, duly executed with livery and seizing, and bearing date the 27 of November, in the year of our Lord, &c. doth appear. In witness, &c. A Lease of Tithes by a person for 41 years, if he continue Rector of the Rectory so long. THis Indenture made, &c. Between J. W. of H. &c. Yeoman, on the one part, and D. G. of, &c. Yeoman, on the other part, Witnesseth, That the said J. W. for and in Consideration Consideration. of the Annual Rent herein after reserved, Hath demised, Grant. granted, set and to Farm-let, and by these presents doth demise, grant, set and to Farm-let unto the said G.D. his Executors, Administrators and Assigns, all and all manner of Tithes of Corn, Grain, Hay and Herbage, yearly growing, increasing, or happening within the Parish of L. with all Profits of what kind soever belonging to the Parsonage or Rectory there; Except the Parsonage, House, Garden, the Court, and Yard and Buildings there, and the Gleab-Land belonging to the said Parsonage; To Have and to hold, Habendum. receive and perceive, and take all and every the said Tithes, Profit and Herbage, unto the said G. D. his Executors, Administrators and Assigns, from the day next before the date hereof, until the full end and Term of 41 years from thence next ensuing, and fully to be complete and ended, if the said J. W. shall so long continue Rector of the said Rectory; Reddendum. Yielding and paying therefore yearly and every year, during the said Term( if the said J. W. shall so long continue Rector of the said Rectory) unto him the said J.W. and his Assigns, the Rent and Sum of 20 l. 〈◇〉 s. of lawful Money of England, at or upon the, &c. day of, &c. or within 50 days thence next following, at or in the Parsonagehouse aforesaid: Provided always, if the said Rent of 20 l. 〈◇〉 s. or any part thereof shall be behind and unpaid by the space of 51 days after the, &c. day of, &c. in any or either of the said years( if the said J.W. shall so long continue Rector of the Rectory aforesaid, the same being lawfully demanded) then this present Lease to cease, determine, and be voided and of none effect. And the said G. D. doth for himself, his Heirs, Covenant by the Lessee to pay the Taxes. Executors, Administrators and Assigns, and for every of them, covenant, promise and grant, to and with the said J.W. his Executors and Administrators, and to and with every of them by these presents, That he the said G. D. his Executors or Administrators, shall and will well and truly, from time to time, and at all times during the continuance of this Demise, pay and discharge all Military, Temporal and Civil Taxes, which shall be imposed upon the said demised premises, and shall pay and satisfy, Covenant to pay the Rent. from time to time, the Rent aforesaid, at the times aforesaid, or within 50 days next after every of the said days of payment. And the said J.W. for himself, his Heirs, Executors and Administrators, and every of them, doth covenant, promise and grant, to and with the said T. G. his Executors, Administrators. and Assigns, and to and with every of them by these presents, Covenant for quiet enjoyment. That for and under the Rents and Covenants herein before expressed on the part of the said G. D. his Executors, Administrators or Assigns, to be well and truly paid, satisfied and performed in manner as aforesaid, he the said G.D. his Executors, Administrators and Assigns, shall and may have, hold and enjoy the premises aforesaid, and every part and parcel thereof, during the said Term hereby granted, if the said J.W. shall so long be and continue Rector of the said Rectory, without any trouble, let, molestation, eviction, ejection, interruption or denial of him the said J. W. or his Assigns, or any other person or persons, claiming by from or under him. In witness, &c. Lease by Churchwardens, with special Reservations and Covenants. THis Indenture made, &c. Between T. B. and D. H. Gent. Guardians of the Church of St. Michael in B. in the County of L. on the one part, and J.R. of, &c. on the other part, Witnesseth, That the said Guardians, by and with the consent and approbation of H. D. C. O. R. B. and other of the Feoffees of the Lands belonging to the said Parish, and also of other the Parishioners there, as well and in Consideration Consideration. of the yearly Rent herein and hereby hereafter reserved, to be truly paid in manner as hereafter in these presents is expressed, as also for and in Consideration, That he the said J. R. his Execucutors, Administrators and Assigns, shall and will forthwith, with all convenient speed, at his and their, or some of their own proper costs and charges, amend and repair all and singular the messages, with the Appurtenances hereafter in these presents demised, in all and every the ruins and decays, and needful places to be mended thereof, with good, substantial and sufficient reparations, and with good and substantial Materials, the same being now much ruinated and out of repair, Grant. Have demised, granted, set and to Farm-let, and by these presents do demise, grant, set and to Farm-let unto the said J. R. his Executors, Administrators and Assigns, all that messsage or Tenement and Stables, with the Appurtenances, late in the occupation of him the said J. R. situate and being in, &c. in the said City, between a messsage or Tenement in the occupation of E. D. the elder, on the North part, and a messsage or Tenement in the occupation of J.G. on the South part; And which said demised messsage, or Tenement and Stables was heretofore in the tenor or occupation of R.H. deceased, Habendum. To Have and to Hold the said demised messsage, or Tenement and Stables, with the Appurtenances, and every part and parcel thereof, unto the said J. R. his Executors, Administrators and Assigns, from the Feast-day of St. Michael the Archangel last past before the date hereof, until the full end and Term of 21 years fully to be complete and ended; Reddendum. Yielding and paying therefore yearly and every year during the said Term unto the said Guardians and their Successors; and in default of such Successors, then to such person or persons as the said Guardians, parties to these presents, and the mayor part of the Feoffees for the Lands of the said Parish, or the mayor part of the Parishioners of the said Parish, from time to time shall nominate and appoint, the Annual Rent or Sum of, &c. of good and lawful Money of England, at 4 usual Feasts or Terms in the year;( That is to say,) at the Feast-day of the Nativity of our Lord Christ, Covenant to pay the Rent. the Feast-day of the Annunciation of the Blessed Virg. Mary, the Feast-day of the Nativity of S. John the Baptist and the Feast-day of S. Mich. the Arch-angel, by even and equal portions, and one Pottle of Muskadin or 2 s. of lawful Money of England in lieu thereof, yearly and every year at the Feast of Easter, during the said Term. And the said J.R. doth for himself, his Executors, Administrators and Assigns, and for every of them, covenant, promise and grant to and with the said T. B. and D.H. and either of them, their or either of their Executors and Administrators, and to and with every of them by these presents, in manner and form following;( That is to say,) That he the said J. R. his Executors and Administrators, shall and will from time to time, during the said Term, pay and satisfy the Rent aforesaid, and the said Muskadin or 2 s. in lieu thereof in manner as herein before is limited for payment thereof. And also, That he the said J. R. his Executors, Covenant to repair within six Months. Administrators and Assigns, or some of them, shall within the space of six Months next after the date of these presents, well and sufficiently amend and repair the ruins and decays, and needful places of amendment of the said demised messsage and premises, and of every part thereof, with good, sufficient and substantial Materials and Reparations, and so in good and sufficient Reparation, shall from time to time, and at all times during the said Term, keep and maintain the said demised premises, and every part and parcel thereof, and the same being so well and sufficiently repaired, maintained and kept, in the end of the said Term shall leave and yield up unto the said Guardians, or their Successors, or in default of such Successors, then to such person or persons as shall be noted and appointed to receive the same by the mayor part of the Feoffees of the Lands belonging to the said Parish, Proviso, of Re-entry for failure of Rent, or of Repairing, &c. or the mayor part of the Parishioners of the said Parish for the time being. Provided always, that if it shall happen the said yearly Rent or Muskadin, or 2 s. in Money in lieu thereof, to be behind or unpaid in part or in all, by the space of one Month next after any or either of the said Feast-days or times of payment, in which the same ought to be paid( being lawfully demanded) or the said Repairs not to be made and continued as aforesaid, that then and from thenceforth this present Demise and Lease to cease and determine, and be utterly voided to all intents and purposes whatsoever, and that then and from thenceforth it shall and may be lawful to and for the said Guardians and their Successors; and if default of such Successors, then to such person or persons as shall be noted and appointed by the said mayor part of the said Feoffees or Parishioners for the time being into the said demised premises and every part thereof to re-enter, and the same to keep and detain to and for such use and uses as the same are, shall be or ought to be kept and employed, any thing in these presents contained to the contrary thereof in any wise notwithstanding. In witness, &c. Lease by Husband to 3d person of Coppice Ground and chief Rent in Trust, for a maintenance for his Wife after his death. THis Indenture made, &c. between L. H. of, &c. on the one part, and D. B. of, &c. Yeoman, on the other part, &c. witnesseth, that the said L.H. for and in Consideration of the love and affection which he beareth to M. H. his now Wife, and for some means of maintenance for her during her natural life after the decease of him the said L. in case she shall Survive him the said L. Hath upon the Trust hereafter in these presents mentioned, demised, granted, Grant. set and to Farm-let unto the said D. B. his Executors, Administrators and Assigns, All that Coppice or woody Ground with the Appurtenances, commonly called or known by the name of the Barrels, situate, lying and being in G. in the aforesaid County of Y. there containing by estimation 40 Acres, be the same more or less, with the messsage, Tenement and Buildings thereupon lately Erected and Built, all which said Tenement or messsage, Coppice or Woody Ground with their Appurtenances, now are or late were in the tenor and occupation of one A. T. And also all that annual or chief Rent, or Sum of 169 l. issuing and to be issuing, due and payable to him the said L.H. his Heirs and Assigns, out of certain messages, Lands and Hereditaments in L. aforesaid, in the aforesaid County of Y. now or late in the tenor or occupation of one R.S. his Assigns or Undertenants; All which said demised messages or Tenements, Coppice or Woody-ground with the Appurtenances, together with the said annual Rent or Sum of 19 s. he the said R. H. lately bought and purchased of J. R. Habendum. of, &c. in the County aforesaid; To Have and to Hold the aforesaid messsage or Tenement, and the aforesaid Coppice or Woodyground with their Appurtenances, and to have, take and receive, perceive and enjoy the aforesaid annual Rent or Sum of 19 s. unto the said D. B. his Executors, Administrators and Assigns, immediately from and after the death of the aforesaid L. H. unto the end and Term, and for and during the Term of 80 years, if the said M. the now Wife of him the said L. H. shall so long live: Reddendum. Yielding and paying therefore yearly, and every year during the said Term unto the said L. H. and the Heirs and Assigns of him the said L. one Pepper-corn at the Feast of the Nativity of our Lord God and Saviour Christ, if the same shall be lawfully demanded. Yet nevertheless upon special Trust and Confidence in the said D. B. The Trust. his Executors, Administrators and Assigns, by him the said L. reposed, and to the intent and purpose, that the said D. B. his Executors, Administrators and Assigns, shall and will permit and suffer her the said M. H. and her Assigns, during all the time of the continuance of this present Demise and Lease, To have, take, receive, perceive and enjoy all and singular the Rents, Issues and Profits of all and singular the aforesaid messsage or Tenement, and the said Coppice or Woody-ground with their Appurtenances, together with the said annual Rent or Sum of 19 s. per Annum, and every part thereof, to and for the only use and behoof of her the aforesaid M. and her Assigns, during all the continuance of this demise; And the said L. H. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said D. B. his Executors and Assigns, and every of them, that he the said D. B. his Executors and Administrators, shall and may upon the Trust aforesaid, quietly and peaceably have, hold and enjoy all and singular the said herein before demised and granted premises, and every part and parcel thereof, during all the continuance of the demise and grant aforesaid, without any let, trouble, molestation, eviction, ejection, interruption or denial of the Heirs or Assigns of him the aforesaid L. or of any other person or persons, claiming or to claim the said premises or any part thereof, from, by or under him the said L. his Heirs or Assigns, or any or either of them. In witness, &c. A Lease of a Rectory and Glebe Lands and Tithes. THis Indenture made, &c. between R. C. of, &c. Gent. on the one part, and M. B. of, &c. Gent. on the other part witnesseth, That the said R. C. for and in Consideration Consideration. of the annual Rents, Covenants and Conditions on the part of the said M. B. herein after mentioned to be paid and performed, and for other good causes and considerations, him the said R. C. in this behalf especially moving; Hath upon the exceptions herein after mentioned, demised, Demise. granted, set and to Farm-let unto the said M. B. his Executors, Administrators and Assigns, All that the Rectory or Parsonage of C. aforesaid, in the said County of G. together with all those the Glebe Lands, Meadows, Leasoes and Pastures, And all manner of tithes, Tenths and Tenth, Parts, Oblations, Obventions, Commodities, Advantages, Emoluments and other things whatsoever, and of what nature or kind soever to the said Rectory or Parsonage, or to any part thereof belonging, or being, or reputed, or taken to be part, parcel or member of the said Rectory or Parsonage of C. Exceptions, some part of the Glebe Lands. in the County of L. Except, and always reserved out of this present demise, and grant unto the said R. C. his Executors, Administrators or Assigns, All that part of the Glebe Land, of the Rectory or Parsonage aforesaid, now in the Occupation of one T. W. of C. aforesaid;( that is to say,) one piece of the said Glebe Land containing by estimation one, Acre and half an Acre be it more or less, and the tithes, Tenths and Profits of the said parties, And of all the tithes and Tenth of all and singular the Lands and Tenements of the said M. B. in C. aforesaid, and which are his own proper Lands and Tenements, and now in his own Occupation or Possession, or in the Occupation and Possession of his Undertenant or Undertenants, Assignee or Assignees; Habendum. To have, hold, take, receive, perceive and enjoy all and singular the said demised or meant, mentioned or intended to be herein or hereby demised, granted premises, and every part thereof,( except before excepted) unto the said M. B. his Executors, Administrators and Assigns, immediately from and after the first day of, &c. next ensuing the date of these presents, unto the end and Term of, &c. years thence next following fully to be complete and ended. Yielding and paying therefore yearly, Reddendum. and every year during the said Term unto the said R. C. his Executors, Administrators or Assigns, the Rent or Sum of 〈◇〉 of lawful money of England, at 2 several days of payment in every year,( that is to say,) At the Feast day of, &c. commonly called Lammas-day, and the second day of F. by even and equal portions, the same payment to be made at H. the Sessions Hall within the City of G. And if it shall happen the said annual Rent or Sum of, &c. or any part thereof to be behind and unpaid at the place aforesaid limited for the payment thereof, by the space of 40 days next after any or either of the said day or days of payment, being lawfully demanded at the place aforesaid; Upon Non-payment of Rent, the Lease to cease. That then and from such default or neglect of payment, this present Demise and Lease to cease determine and be utterly voided, to all intents and purposes whatsoever; And the said M. B. for himself, his Executors, Administrators and Assigns, and for every of them doth promise, Covenant by the Lessee to pay the Rent. covenant and grant to and with the said R. C. his Executors, Administrators or Assigns, and to and with every of them in manner and form following;( that is to say,) That he the said M. B. his Executors, Administrators and Assigns, shall and will yearly, and every year at the place and days of payment aforementioned, or within 40 days next after every of the said days of payment before mentioned, well and truly pay the Rent aforesaid, in manner aforesaid: And also shall and will from time to time during the said Term, as often as need shall require, bear and pay towards the charge and necessary repair of the Chancel of the said Parish Church of C. Covenant by the Lessees to pay part of the charges for the repair of the Chancel. 5 parts of 6 parts in the whole of the necessary repairs and amendment of the said Chancel, excepting only, if the Walls of the said Chancel shall happen without wilful neglect of the said M. B. his Executors, Administrators or Assigns, in his said proportion of repairs thereof to fall down, Then and in that case the said M. B. his Executors, Administrators or Assigns, not to be charged with the merchandizing of the said Walls or any part thereof, but the said R. C. his Executors, Administrators or Assigns, to re-edify the same at his or their own proper costs and charges. And the said M. B. Covenant by the Lessee for other repairs. for himself, his Executors, Administrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said R. C. his Executors, Administrators and Assigns, and to and with every of them by these presents, that he the said M. B. his Executors, Administrators or Assigns, shall and will from time to time, and at all times hereafter during the said Term, repair and amend the 2 Bays of Barn aforesaid;( that is to say,) where the Threshingfloor is, and the next unto the same Threing floor, on the side towards the Church aforesaid, with good and sufficient repairs, and the same well and sufficiently repaired in the end of the said Term, shall leave and yield unto the the said R. C. his Executors, Administrators and Assigns. And the said R. C. for himself, his Executors, Administrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said M. B. his Executors, Administrators and Assigns, and to and with every of them by these presents, that he the said M. B. his Executors, Administrators and Assigns, and every of them, for and under the yearly Rent, covenants, clauses and conditions herein before expressed, on the part of the said M. B. Covenant for quiet enjoyment. his Executors and Assigns to be paid and performed as aforesaid, shall and may quietly and peaceably have, hold, use, occupy, receive, perceive and enjoy all and singular the demised, meant or intended to be herein or hereby demised and granted premises, and every part thereof( except as is before excepted,) without any let, trouble, molestation, eviction, ejection, interruption or denial of him the said R. C. his Executors, Administrators or Assigns or of any other person or persons whatsoever, claiming or which shall or may claim the same premises or any part thereof, by, from or under him, them or any or either of them, And also that he the said R. C. his Executors, Administrators and Assigns, Covenant by the Lessor to pay Taxes. shall and will from time to time, and at all times during the aforesaid Term of 21 years, bear, pay and discharge all and all manner of Levies, Taxes, Impositions, Contributions and all Military charges, to be charged, taxed, assessed or imposed upon, or for the said herein before or hereby demised premises or any part thereof, or upon the said M. R. his Executors, Administrators or Assigns, or any or either of them, for or by reason of his being Tenant or Enjoyer of the said premises or any part thereof, by virtue of these presents, except only all Taxes, Levies and Impositions to be laid or imposed upon the said M.B. his Executors, Administrators or Assigns, for or towards the relief of the Poor of the Parish of C. and to the Church there, and that 5 parts towards repair of the Chancel in manner aforesaid, All which matters by this last exception excepted, the said M.B. his Executors, Administrators and Assigns, are from time to time to bear, pay and discharge during the Term aforesaid. In witness, &c. A Lease by three Administratrixes to two persons in Trust, to prevent Survivorship of a long Term for years, they had as Administratixes. Drawn well and in short. THis Indenture made, &c. Between M. W. of, &c. T. P. of, &c. Gen. and J. his Wife, and J.W. of, &c. Yeom. and A. his Wife,( Administratrixes of the Goods and Chattels of E.W. heretofore of, &c. Yeoman, deceased) on the one party, and R.S. of, &c. Gent. and J.C. of, &c. Gent. and J.C. of, &c. Gent. on the other party, Witnesseth, That the said M. W. J. P. and J. his Wife, J.W. and A. his Wife, for and in Consideration of the Sum of 5 s. of lawful Money of England to them in hand paid, before the ensealing and delivery of these presents, and for divers other good Causes and Considerations them moving, Have demised, granted, bargained, set and to Farm-let, and by these presents do demise, grant, bargain, set and to Farm-let unto the said R. S. and J. C. their Executors, Administrators and Assigns, and every of them, all that Meadow or parcel of Meadow-ground, called or known by the name of B. Meadow, containing by estimation 12 Acres or thereabouts, be it more or less, situate, lying and being in H. Fields, in the Parish of H. and County aforesaid, together with all Profits, Commodities and Hereditaments thereto belonging; and all that Close or Pasture, and one Meadow thereunto adjoining, lying and being in B. Field aforesaid, with all Edifices and Buildings thereto belonging or appertaining, which were heretofore in the tenor of one R.H. Habendum. or his Assigns, To Have and to Hold the said Meadow called B. Meadow, with its Appurtenances, unto them the said R. S. and J. C. their Executors, Administrators or Assigns, from the day next before the date of these presents, for and during the Term of 80 years and 3 Months thence next ensuing and fully to be complete and ended: And to have and to hold the rest and residue of all and singular the said messages or Tenements and premises, with their Appurtenances, unto the said R. S. and J. C. their Executors, Administrators and Assigns, from the day next before the date hereof, for and during the Term of 987 Years and 4 Months, from thence also next ensuing fully to be complete and ended; Yet nevertheless upon special Trust and Confidence in them the said R.S. and J. C. by the said M.W. The Trust. T. P. and J. his Wife, J.W. and A. his Wife reposed, That they the said R.S. and J.C. their Executors, Administrators and Assigns, shall and will from henceforth, during the said several and respective Terms, permit and suffer the said M. W. T. P. and J. his Wife, J. W. and A. his Wife, their Executors, Administrators or Assigns, to take and receive to their and every of their proper use and uses, the Rents, Issues and Profits of all and singular the said herein before granted and bargained premises, and every part and parcel thereof, in manner following,( That is to say,) the said M. W. her Executors, Administrators and Assigns, For every of the Administratrixes a third part. to have and enjoy one full third part of three proportionable parts of the whole, to be divided to her and their own proper use and uses. And the said T. P. and J. his Wife, their Executors, Administrators and Assigns, to have and enjoy one other full third part of three proportionable equal parts of the whole, to be also divided. And the said J. W. and A. his Wife, their Executors, Administrators and Assigns, to have and enjoy the other full third part of three proportionable equal parts of the whole, to be divided without any right of Survivorship to be had by any or either of them, by virtue of the Letters of Administration of the Goods and Chattels of the aforesaid J.W. And the said M. W. for her part, and for her Executors, Administrators and Assigns, Mutual Covenant between the Administratrixes, that the Rents shall be received and applied accordingly. and the said T.P. and J. his Wife, for their parts and for their respective Executors, Administrators and Assigns. And the said J. W. and A. his Wife, for their parts, and for their respective Executors, Administrators and Assigns, do hereby mutually agree the one with the other of the said Administrators, of the Goods and Chattels of the aforesaid E. W. And so hereby do declare, That the said Rents, Issues and Profits of the said herein before granted premises, shall from henceforth be had and received according to the intention and meaning of these presents, and as herein before is mentioned and agreed, and declared, without contradiction of any or either of them the said Administrators of the Goods and Chattels of the said E. W. or of any or either of their Executors, Administrators or Assigns. And the aforesaid R. S. and J. C. do hereby declare, That this present Indenture of Lease, or Bargain and Sale, is made to them, their Executors, Administrators and Assigns, only in Trust for the uses, intents and purposes aforesaid. In witness, &c. A Lease for Years of Tithe of Corn and Hay, to commence after the death of the Lessor for two Lives. THis Indenture made, &c. Between R. M. of O. in the County of S. of the one part, and W. G. of N. in the County of S. aforesaid of the other part, Witnesseth, That the said R.M. for divers good Causes and Considerations him the said R. M. hereunto moving, and especially for and in Consideration Consideration. of the Sum of, &c. of lawful Money of England, to him the said R. M. in hand paid by the said W.G. before the ensealing and delivery of these presents, whereof and wherewith the said R. M. doth aclowledge himself to be fully satisfied; And thereof, and of every part and parcel thereof, doth clearly and absolutely release, acquit, exonerate and discharge the said W.G. his Executors and Administrators for ever by these presents, Hath demised, granted, set and to Farm-letten, and by these presents doth demise, grant, Grant. set and to Farm let unto the said W. G. his Executors and Assigns, all and all manner of Tithes and Tenths of Corn, Grain and Hay, yearly coming, growing, renewing or increasing in and upon and out of all those Grounds and Closes commonly called or known by the Name of, &c. situate, set, lying and being within the Parish of A. in the said County of S. now in the tenor or occupation of S. or of his Assignee or Assignees, whereof or out of which said Grounds or Closes called, &c. any Tithes or Tenths of Corn, Grain and Hay, have at any time or times heretofore been usually taken, received, paid or enjoyed: And also all and all manner of Tithes, Tenths of Corn and Grain, yearly growing, renewing, coming or increasing in, upon or out of all those Grounds, Fields and Closes situate, set, lying and being at H. within the Parish of H. in the County aforesaid, now in the tenor or occupation of one A. F. or of his Assignee or Assignees, whereof or out of which said Grounds, Fields or Closes, any Tithes or Tenths of Corn, Grain and Hay, have at any time or times heretofore been usually paid, taken, Habendum. received or enjoyed; To Have and to Hold the said Tithes and Tenths of Corn, Grain and Hay, and other the premises, with the Appurtenances, unto the said W.G. his Executors, Administrators and Assigns, from and immediately after the death and decease of the said, &c. unto the full end and Term of, &c. from thenceforth next following and fully to be complete and ended, if the said W. G. and Frances Wife of the said W.G. or either of them, do or shall live so long. Reddendum. Yielding and paying therefore yearly, after the death or decease of the said, &c. as aforesaid, during the said Term, unto the said R. M. his Heirs or Assigns, the Sum of, &c. of good and lawful Money of England, The yearly Rent, with the day and place of payment. at the Feast, &c. at or in, &c. The first payment to be made at, in or upon the Feast, &c. that shall happen to be next after the death or decease of the said, &c. And if it happen the said yearly Rent to be behind and unpaid, in part or in all, after the said Feast-day of, &c. before specified, in which the same ought to be paid as aforesaid, by the space of 10 days, being lawfully demanded, That then and so often the said W. G. his Executors and Assigns, A penalty of 5 s. if the Rent be behind 10 days. shall pay or cause to be paid unto the said R. M. his Heirs or Assigns, the Sum of 5 s. of lawful Money of England, for and in the name of a pain or penalty. And the said W.G. doth covenant, promise and grant for himself, his Heirs, Executors and Administrators, to and with the said R. M. his Heirs and Assigns, and to and with every of them by these presents, That he the said W.G. A Covenant, that the Lessee shall not lose nor suffer to be concealed any of the Tithes or Tenths, during the Lease. his Executors or Assigns, shall not nor will not at any time or times hereafter, witting or willingly permit or suffer any Tithes or Tenths of Corn, Grain or Hay, to be detracted, concealed or withholden, which shall be issuing going or payable out of the said Grounds, Fields or Closes before demised, or out of any of them. And that the said W.G. his Executors or Assigns, shall and will at all times and from time to time, during the said Term, do his and their best and uttermost endeavour for the recovering, having, receiving and enjoying of the said Tithes and Tenths, and of every part and parcel thereof. And the said R. M. for himself, his Heirs, A Covenant for quiet enjoying. Executors and Administrators, doth covenant, promise and grant, &c. ( as in Covenants of Enjoying, &c.) In witness, &c. A Lease for six years, of part of a Lordship, with several special Covenants, That Lessee shall plow, fetch Coals, carry Corn, &c. for the Lessor. Well Drawn. THis Indenture made, &c. Between E.S. of Q. in the County of L. of the one part, and T.A. the younger of the same Town, Husbandman, of the other part, Witnesseth, That the said E. S. for and in Consideration Consideration. of the payments of the Rents and performance of the Covenants and Agreements hereafter in these presents mentioned and expressed, on the part and behalf of the said T.A. his Executors, Administrators and Assigns, to be done and performed, and for divers other good and valuable Causes and Considerations him the said E.S. hereunto moving, Grant. Hath demised, granted, leased, set and to Farm-letten, and by these presents doth demise, grant, set and to Farm-let unto the said T. A. his Executors, Administrators and Assigns, all those pieces and parcels of arable Land, Hey-ground, Meadow-pasture and Grass-ground, with their and every of Appurtenances, containing by estimation one Yard Land, or thereabouts, lying and being within the Fields, Liberties, Precincts or Territories of Q. aforesaid, in the said County of L. being parcel of the Lands there called the Hall Lands, and being set forth and marked out by the said E. out of the rest of the said Lands there called the Hall Lands, and being now or late in the tenor or occupation of the said E. S. or of his Assigns, Farmers or Under-tenants; Common for Cattle slinted and proportionably to the usage. together with all Hades, Balks, Leys, Leasows, Lot-grass, Parting-grass, Commons for two Cows and Commons for Horses and Sheep, rateably and proportionably for one Yard Land, in the Fields and Commonable places of Q. aforesaid, according to the Usage and Custom there, Ways, Easments, Paths, Passages and all other Profits, privileges, Commodities, Advantages and Appurtenances, now used and belonging to the said several pieces and parcels of Ley-ground, arable Land, Meadow and Pasture, Grass-ground and premises hereby demised, to or with any part or parcel thereof( Excepted and always reserved out of this Demise unto the said E. S. his Heirs and Assigns, Certain Ground reserved to the Lessor. all the Grass-ground, Meadow-ground and Pasture-ground belonging to the said hereby demised premises, lying and being in certain places within the Fields or Lordship of Q. aforesaid, called or known by the several Names of, &c. or any of them; and also all the Gorze, Thorns and Trees, Wood and shepherds, Trees, Furze, &c. now standing, growing and being, or which at at any time or times hereafter shall be upon the said demised premises, or any part or parcel thereof, with free Liberty to and for him the said E. S. his Heirs and Assigns, Liberties to cut and carry away the same. and his and their Servants, Agents and Work-men, to top, crop, fell, cut down, take and carry away the same, without the let, contradiction or denial of the said T. A. his Executors, Administrators and Assigns, or any of them. Habendum. ) To Have and to Hold the several pieces and parcels of arable Land, Ley-ground, Meadow-pasture and Grass-ground and premises hereby demised, with the Appurtenances( except before excepted) unto the said T. A. his Executors, Administrators and Assigns, from the 25 day of March last, before the date of these present Indentures, The term of the Lease. for and during and until the full end and term of six years from thence next ensuing, and fully to be complete and ended. Reddendum, Yielding and paying therefore yearly and every year during the said Term demised unto the said E. S. his Heirs or Assigns, the yearly Rent or Sum of, &c. of lawful money of England, upon the 25th day of March yearly, if the same be lawfully demanded, and also one Couple of young and well fed Capons yearly, during the said Term, upon the Feast-day of St. Michael the Archangel; and also yielding, doing, and performing and keeping all and singular the Covenants, Promises and Agreements hereafter in these presents mentioned, expressed and declared on the part and behalf of the said T. A. his Executors and Assigns, and every or any of them, to be observed, performed, fulfilled and kept, according to the true intent and meaning of these presents. And the said T. A. for himself his Heirs, Executors, Administrators and Assigns, and every of them, Covenant that Lessee will till some Land for Lessor. doth covenant, promise, grant and agree to and with the said E. S. his Executors, Administrators and Assigns, and every of them by these presents, in manner and form following; viz. That he the said T. A. his Executors, Administrators and Assigns, or some or one of them, shall and will from time to time, and at all times hereafter, during the continuance of this present Demise, well and sufficiently, at his and their own proper costs and charges in all things,( Corn and Manure excepted) plow, dress, sow, harrow, till, ordure and manure for the said E. S. his Heirs and Assigns, all these several pieces and parcels of arable Land in the Fields of Q. aforesaid, containing by estimation, or accounted to be one Yard Land, or so much arable Land as belongeth to one Yard Land, being other parcel of the said Lands called the Hall Lands, already marked and set out by the said E. S. and the said T.A. to be ploughed, dressed, sowed, tilled and manured, for him the said E. S. his Heirs and Assigns, by the said T. A. his Executors, Administrators and Assigns, Lessor to find Corn, and Manure. he the said E. S. his Heirs and Assigns finding and providing Seed and Manure, for sowing and manuring of the said, &c. And the Lessee to fetch ●c. which said Seed and Manure so as aforesaid to be provided; The said T.A. for himself, his Executors, Administrators and Assigns, doth hereby covenant, promise and agree, to and with the said E.S. his Heirs and Assigns, upon notice or warning given to the said T. A. his Executors or Administrators, to carry the same from the Mansion-house of the said E. in Q. aforesaid, and from such other place and places within the Town or Lordship, as the said E. S. his Heirs or Assigns, shall from time to time direct and appoint, unto the said arable Lands, and sow the said arable Lands with the said Seed so provided, and harrow and order the same, and lay, and spread the said Manure upon the said arable Land, and do all other things requisite and convenient for the dressing, tilling, ordering and manuring of the said arable Lands, in as good manner and sort as the better sort of Husbandmen in Q. aforesaid do their Lands there; And also that he the said T. A. his Executors, Lessee to carry Corn and Hay for Lessor. Administrators or Assigns, shall and will yearly, and every year during the said Term hereby demised from time to time, and at all times imdiately upon notice or warning given to him or them, by the said E. S. his Heirs and Assigns, carry for the said E. unto the Mansion-house of the said E. in Q. aforesaid, or to such other place or places in Q. aforesaid, as he the said E.S. his Heirs and Assigns shall from time to time direct and appoint, not only all the Corn and Grain yearly arising and growing upon the said last mentioned Land, but also that shall be yearly arising and growing upon the Grass-ground, and Meadow-ground in the said places called D. B. And also one third part of the Hay of the said E. yearly growing in a certain place called B. the said Corn and Hay being first mowed, cocked, shocked, reaped and made ready for the Cart, at the proper costs and charges of the said E. S. his Heirs or Assigns, And also that he said T. A. his Executors, Administrators or Assigns, or some or one of them, shall and will from time to time, and at all times hereafter during the said Term hereby demised, Lessee to carry Furzes, &c. for Lessor. when and so often as the said E. S. his Heirs or Assigns, shall reasonably direct or require, carry for the said E. his Heirs and Assigns, so many Loads of Gorze, Furze, Thorn, Lime, Wall-stone and other carriages to the Manner House of the said E. S. in Q. aforesaid, as he or they shall reasonably require; And also that he the said T. A. his Executors, Administrators or Assigns, or some or one of them, shall and will yearly till, plow and dress for the said E.S. And to till other Land. his Heirs or Assigns, for so many years of the said Term hereby demised, as the said E. S. shall direct, so much and such part of certain places called, &c. as the said E. his Heirs or Assigns shall direct or appoint, so that the same do not exceed, &c. thereof, And so as the said T. A. his Executors or Assigns, be not hereby compelled or compellable to plow the said Close, called H. Close in any of those years, in which the said other places called, &c. or either of them shall be ploughed and had in tillage, And also that he the said T.A. Lessee to pay all Taxes. his Executors, Administrators or Assigns, or some or one of them, shall and will from time to time, and at all times hereafter during the Term hereby demised, well and truly do, pay, perform, discharge and satisfy, or cause or procure to be well and sufficiently done, paid, performed, discharged, and satisfied, All and all manner of Taxes, Payments, Assessments, Levies, Charges, Duties and Impositions whatsoever, and of what nature and kind soever, which at any time or times hereafter during the Term hereby demised, which shall be issuing, payable out of or charged upon the said premises hereby demised, and every or any part or parcel thereof, or upon the said E. S. his Heirs or Assigns, for or in respect of the said hereby demised premises, And of and from all such Taxes, Payments, Assessments, Levies, Charges, Duties and Impositions, shall and will from time to time, and at all times hereafter during the Term hereby demised, save and keep harmless and indemnified the said E. S. his Heirs and Assigns, and his and their Lands, Tenements, Goods, Cattle and Chattels, And also that he the said T. A. his Executors, Administrators or Assigns, or some or one of them, shall and will well and truly content satisfy and pay, or cause to be paid unto the said E.S. his Heirs or Assigns, Lessee to pay such a Rent for every Acre of Grass ground he converts into tillage, not usually tilled for so many years before. the yearly Rent or Sum of, &c. lawful Money of England, for every Acre of Green-sword or Grass-ground, of the said hereby demised premises, not used for arable Land, or in Tilage within the space of, &c. years now last past, which at any time or times hereafter, during the continuance of this present demise, the said T. A. his Executors, Administrators or Assigns, or any of them shall dig, break up, plow, reduce or convert into tillage or arable Land, or cause or procure to be discharged, &c. without the licence or consent of the said E. S. his Heirs and Assigns, in Writing under his or their Hands and Seals thereunto had and obtained, and so according to that rate for every greater or lesser quantity of such Green-sword or Grass-ground as aforesaid, without such licence as aforesaid, the said Rent to begin to be payable upon the, &c. day of September, and the 5 day of March, which of them shall first happen next after the first digging and breaking up such Green-sword or Grass-ground as aforesaid, without such consent aforesaid, and from thence to continue payable up on the said days of payment by equal portions until the end and expiration or other determination of the said Term hereby demised, And also that the said T.A. his Executors, Administrators or Assigns, Lessee to bring Coals to Lessors House. or some or one of them, shall and will yearly and every year during the said Term hereby demised, at his and their proper costs and charges, bring or cause to be brought to the now dwelling House of the said T. S. situate and being in Q. aforesaid, one good and sufficient Load of Coals, and the same so brought shall and will yearly and every during the said Term hereby demised, deliver or cause to be delivered to the said E. S. his Heirs or Assigns, The said E. his Heirs or Assigns, upon receipt of the said Coals, paying so much for the Coals as the same shall cost and be reasonably worth at the Coal-pits, from whence they were brought; Covenant for payment of the Rent and performance of the Covenants by Lessee. And the said T.A. for himself, his Executors, Administrators and Assigns, doth covenant, promise, grant and agree to and with the said E.S. his Heirs and Assigns, that he the said T.A. his Executors, Administrators and Assigns, shall and will yearly during the said Term hereby demised, well and truly satisfy and pay unto the said E. S. the said yearly Rent or Sum of, &c. at the time above mentioned for payment thereof, and shall, and will do, observe, perform and keep all and singular the Covenants, Clauses and Agreements aforesaid, which on his part and behalf ought to be observed performed and kept. proviso That if the Lessee shall break any Covenant, &c. or let any part of the premises without licence under seal, that in either case Lessor to re-enter. Provided always and upon Condition, That if the said T.A. his Executors, Administrators and Assigns, and every of them do not or shall not from time to time and at all times hereafter, during the Term hereby demised, well and truly observe, perform, fulfil and keep All and singular the Articles, Covenants, Provisoes and Agreements, before in and by these presents mentioned, expressed and contained on his and their parts and behalves to be observed, performed, fulfilled and kept according to the form and effect of these present Indentures, or do or shall at any time or times hereafter during the said Term hereby demised, let, set or assign the said hereby demised premises, or any part or parcel thereof, to any person or persons whatsoever, without the licence or consent of the said E.S. in Writing, under his hand and seal thereunto first had and obtained, That then and from thenceforth in either of the said cases, it shall and may be lawful to and for the said E. S. his Heirs and Assigns, and every or any of them, into and upon the said hereby demised premises with the Appurtenances wholly to re-enter, and the same to have again, repossess and ejoy as in his and their former Estate, any thing in these presents contained to the contrary thereof, in any wise notwithstanding. Covenant for quiet enjoyment under performance of the Covenants, &c. And the said E.S. for himself, his Heirs, Executors and Assigns, and every of them doth covenant, promise, grant and agree, to and with the said T. A. his Executors, Administrators and Assigns, and every of them by these presents, in manner and form following, ( viz.) That he the said T. A. his Executors, Administrators and Assigns, and every of them, shall or lawfully may from time to time, and at all times hereafter during the Term hereby demised, under the performance of the Covenants, Provisoes, Conditions and Agreements, before in these presents mentioned and contained, peaceably and quietly, have, hold, use, occupy, possess and enjoy the said hereby demised premises with the Appurtenances, except before excepted, without the lawful let, svit, trouble, molestation, interruption, eviction, disturbance or denial of the said E. S. his Heirs or Assigns, or any of them, or of any other person or persons whatsoever, now or at any time or times hereafter claiming, by, from or under him, them or any of them. In witness, &c. A Lease in Consideration of Service performed by Father and Mother, to commence after their deceases, for 60 years, if B. their Daughter so long live; nevertheless with power for Father or Mother, or Survivor to appoint to what uses it shall go. Taken in a third persons name. THis Indenture made the, &c. day of, &c. in the year, &c. Between F. C. Widow Relict of, &c. C. late of, &c. in the County of, &c. deceased on the one part and W. G. of, &c. St. Andrews-holborn in the County of Middlesex, on the other part witnesseth, That the said F.C. for and in consideration Consideration. of the good and faithful Service to her done by W. F. Yeoman, and and E. his Wife, having both of them formerly been Servants to the said F. C. and to J. G. and D. his Widow,( both of them deceased, Father and Mother of the said F. C.) And for the ratifying and making good any defects, which may have happened in a Lease formerly made, or intended to be made unto them the said W. F. and Eliz. of the Lands and Tenements hereafter name, during the Term hereafter mentioned, and for other good Considerations her thereunto moving, Grant. Hath demised, granted and to Farm letten, and by these presents, doth demise, grant and to Farm-let unto the said W.G. his Executors and Administrators, All those Closes, Leasows and Pastures with their and every of their Appurtenances called or known by the several names of, &c. lying and being between D. and S. in the County of S. late or heretofore in the possession or occupation of R. W. and F. B. And all ways, Easements, Passages, Commons, Profits, Commodities, privileges, Emoluments and Hereditaments whatsoever, To the said Closes, Leasows or Pastures or to any of them belonging, or in any wise appertaining with sufficient Hedgboot and tinsel, for the necessary Hedging or Fencing of the same, at all convenient times, so often as need shall require,( the Pan or Pit being upon part of the demised premises always excepted, with Liberty to come and go for scouring and overseeing, fishing and amending of the said Pan or Pit at all convenient times,) To Have and to Hold the said Closes, Habendum. Leasows or Pastures and all other the premises,( except before excepted,) unto the said W. G. his Executors, Administrators and Assigns, for and during the Term of 60 years, to come and be accounted from the decease of the said W.F. and Eliz. his Wife, and the Survivor of them, And from thence next ensuing fully to be complete and ended, if E. N. now Wife of N. and Daughter to the said W. F. and E. his Wife shall so long live, In Trust notwithstanding to and for the only use and behoof of such person or persons, as the said W. F. and E. his Wife, or the Survivor of them by any Writing or Writings under their Hands and Seals, or under the Hand and Seal of the Survivor of them, shall limit and appoint; Reddendum. Yielding and paying therefore yearly during the said Term, the Rent of 5 l. of good and lawful Money of England, At the Feasts of St. Michael the Archangel, and the Annunciation of the Blessed Virgin Mary by equal portions, The first payment to begin at such of the said Feasts, as shall first happen next after the decease of the said W. F. and E. his Wife, and the Survivor of them. If no distress to be found on premises, then Lease to be voided. And if it shall happen the said yearly Rent or any part thereof to be behind or unpaid, by the space of 28 days next after either of the said Feasts the same being lawfully demanded, and no sufficient Distress to be found upon the premises, That then this Lease to be absolutely voided, and determined at the will and pleasure of the said F. C. her Heirs or Assigns, Covenants for Repairs. And the said W. G. for himself, his Executors and Administrators, doth covenant and grant to and with the said F. C. her Heirs and Assigns by these presents, That he the said W. G. his Executors or Administrators, shall and will maintain and repair all the Hedges, Fences, Ditches and Bounds of the said Lands, And the same in good and tenantable reparation will leave at the end or expiration of the said Term, And the said Lesses nor any of them, nor the Tenants nor Assigns of them, or any of them shall crop, cut down or carry away off or from the demised premises, any manner of Wood without the privity and licence of the said F.C. her Heirs or Assigns, first had and obtained, And the said F. C. her Heirs and Assigns, All and singular the premises with their and every of their Appurtenances, shall and will warrant, acquit and defend unto the said W. G. his Executors and Administrators during the said Term, according to the True intent of this present dead, And under the yearly Covenants and Limitations above recited, against all person or persons whatsoever, claiming or to claim from by or under her. In witness, &c. Letters of Attorney. A Warrant of Attorney to Confess a judgement upon a Bond in the Kings Bench, or Common-Pleas. To Mr. R.A. Mr. R.H. or any other Attorney of His Majesties Courts of Kings-Bench or Common-Pleas at Westminster. WHereas I A. B. of, &c. by Obligation bearing Date the day before the Date of these presents, am held and firmly bound unto E.F. of, &c. in the penal Sum of 500 l. of lawful Money of England, Conditioned for payment of 250 l. of like Money with Interest on the 10th day of A. next ensuing the date hereof, at or in the now dwelling-house of the said E: F. situate in, &c. as in and by the same Obligation with Condition, relation being thereunto had, more fully and at large may appear. These are therefore to desire and authorize you, or either or any of you, to appear for me the said A. B. in either of the said Courts of Kings-Bench or Common-Pleas at Westminster, to an Action of Debt of 500 l. there to be brought or commenced against me by the said F.E. upon the said Bond in Michaelmas Term now next ensuing, and to Confess judgement against me the said A. B. thereupon unto him the said E. F. for the said Sum of 500 l. besides costs of svit by Non sum Informatus, or otherwise, as to you shall seem fit; and for your or any of your so doing this shall be your sufficient Warrant and Discharge. Witness my Hand and Seal this, &c. A Warrant of Attorney to Confess judgement in a Scire facias in the Kings-Bench, with a Cesset Executio. To Mr. R.A. or any other Attorney of his Majesties Court of Kings-Bench at Westminster. THese are to Authorize you, or any of you, to appear for me E. L. of, &c. Gent, in the said Court of Kings-Bench, at the svit of J. N. Gent. as of this present hilary Term, in a Plea of a Writ of Scire facias brought against me as Heir of F. L. my Father deceased, and against the Ter-tenants of the said F. L. and thereto to implead for me Non sum Informatus, or otherwise to suffer judgement to pass against me by default, or by Nihil dicit, or by Relictâ verificatione, or by any other way or means as to you shall seem most fitting, with stay of Execution till the first day of Easter Term next, and for your or any of your so doing this shall be your sufficient Warrant and Discharge. Witness my Hand and Seal this day of, &c. An Indenture of Covenants touching a Letter of Attorney, for raising 20000 l. THis Indenture made, &c. Between R.S. of A. in the County of W. Esq; on the one part, and Sir J. A. of H. in the County of H. Baronet, R.A. and E.A. Brother of the said Sir J. A. of the other part. Whereas G. S. late of C. in the County of S. by his last Will and Testament in Writing, dated the 10th day of July, in the 18th year of his now Majesties Reign, did give and device unto the said Sir J. A. R.A. and E.A. their Executors and Administrators, all those the manors or Lordships of C. C. B. S.S. and H. with their and every of their appurtenances in the said County of S. device of the manors, &c. by Will. and also the Impropriate Rectory of H. with the appurtenances, in the said County of S. and also the moiety of the Mannor of R. C. and W. with their and every of their appurtenances in the County of D. and all Granges, Farms, messages, Lands and Hereditaments whatsoever, to the said manors or any of them belonging, or enjoyed with them or any of them; To Have and to Hold for and during the Term of 99 years, to commence immediately from the decease of the said G. S. without impeachment of or for any manner of Waste, upon the Trusts therein declared, The Trusts in the Will. and amongst other things for raising of the Sum of Twenty thousand pounds of lawful Money of England, for the Portions of A. S. J. S. and E. S. Daughters of the said G. S. or the Survivor of them, share and share alike, at their respective Ages of 21 years, or days of Marriage, which shall first happen, as in and by the said last Will and Testament, amongst other things therein contained more fully and at large appeareth. And whereas the said Sir J. A. R. A. and E.A. for the better and more speedy raising the said great Sum of Money by their Letter of Attorney bearing date the 7th day of March now last past, before the date of these presents, did make and constitute the said R. S. Recital of the Letter of Attorney. their and every of their Attorney, thereby overpowering him in their Names, or in their Names or his own Name to appoint one or more Stewards and bailiffs of the said manors or Lordships, and of every or any of them, and by himself or any other Steward or Deputy, by him to be appointed to keep Courts within the said manors, and every or any of them in their Names, or in their Names and his own, and by himself or the said Steward or Stewards to be appointed, to demise or grant any Capital Estates, being parcel of any of the said manors, according to the respective Customs of the same, for such Fines as to him should seem meet, and further overpowering him for them and in their Names, by one or more Indentures, whereunto he himself was and should be also party, to demise or lease all such parts of the said manors, or any of them, as have been usually granted by Court Roll, or demised by Lease under Old Rents unto any person or persons, for the Term of 21 years absolute, or for any number of years determinable upon one, two or three Lives in Possession, or upon two Lives in Remainder after one Life in Possession, or upon one Life in Remainder after two lives in possession, rendering the Old Rents and Services for the said respective Terms, in pursuance of any Contracts made in the life-time of the said G.S. or to be then after made by himself, or any employed by him, upon such Fines as to the said R. S should seem fit, with Covenants to be contained in the said Indentures against the respective acts; and these Indentures so made, sealed and prepared, and every of them, to sign with the Subscription of every of the Names of them the said Sir J.A. R.A. and E.A. and the same to deliver unto the respective Lessees name in the same, as their and every of their acts and deeds, as namely by the said Letter of Attorney more fully and at large appeareth. Now therefore this Indenture Witnesseth, That the said R.S. in pursuance of the said Agreement between him and the said Sir J. A: R. A. and E.A. upon the granting of the said Letter of Attorney, for himself, his Heirs, Executors and Administrators, doth covenant, promise and grant to and with the said Sir J. A. R. A. and E. A. and every of them, their and every of their Executors and Administrators by these presents, That he the said R. S. shall and will from time to time, The attorney Covenants to give notice to the Trustee of the Estates which he shall grant or Lease, &c. and at all times hereafter, within on month after he shall be thereunto required, give notice in Writing unto the said Sir J. A. R. A. and E. A. and the Survivors or Survivor of them, of all such Estates as by him the said R. S. or any other hath been, or shall at any time hereafter be contracted for or agreed to be granted, or that shall be leased or granted to any person or persons whatsoever, either by Copy of Court-Roll, or by Lease in pursuance of, or by virtue of the said Letter of Attorney, and of the Sum and Sums of Money contracted for or agreed, to be paid for the granting or receiving of the said Estate or Estates, the said notice to be left at the now dwelling House of 〈◇〉 within five Months after the making of such Contract or Agreement, for any such Lease or Leases, or the granting or renewing of any such Copyhold Estates, if thereunto required as aforesaid, and also that he the said R. S. shall and will from time to time, and at all times hereafter, If the attorney lend any Sum of money, it shall be on good security in the names of the Trustees. in case he doth or shall lend forth any the Sum and Sums of Money, which he the said R. S. shall receive for Fines, or otherwise upon any contract for granting, or renewing any Copyhold or Lease hold Estates, in or upon the said premises, or any of them, by force and virtue of the said Letter of Attorney, shall lend and put forth the same upon good security, to be taken in the names of the said Sir J. A. R.A. and E. A. and the Survivors or Survivor of them, and of him the said R. S. until the Sum of 20000 l. is and shall be raised by such Fines or Payments, the said securities, The securities to be approved by the Trustees. to be from time to time approved, by the said Sir J. A. R.A. and E. A. and the Survivors and Survivor of them, until the Sum of 20000 l. is, and( hath or shall) be raised by such Fines or Payments, to be from time to time appointed, by the said Sir J. A. R. A. and E. A. and the Survivors and Survivor of them, and to be so continued upon interest, until the same shall become due and payable unto the said J. S. A. S. and E. S. and the Survivors and Survivor of them, respectively for their respective persons, and for raising of the said Portions, And the said Sir J.A. R. A. and E. A. for themselves, their Heirs, Executors and Administrators, do covenant and grant, to and with the said R. S. his Executors and Administrators, by these presents, that it shall and may be lawful to and for the said R. S. his Executors and Administrators, to receive and take to his and their own use and uses, all such interest as shall be made of and received, by reason of the said Sums or any of them, until the said principal Sums shall severally and respectively grow due, and be payable unto the said J.S. A. S. and E. S. according to the Limitation and Appointment of the said last Will and Testament of the said G. S. and also that in case all the said Daughters of the said G. S. shall happen to die before they or any of them shall attain the age of 21 years or be married, If all the Daughters die before, &c. then the Trustees to stand possessed and i● Trust for the Attorney. that then they or the Survivors or Survivor of them, shall and will stand and be possessed of, and in the said several and respective securities, and the principal Moneys due upon and secured by the same in trust only for the said R.S. his Executors and Administrators, and shall not nor will revoke the said before mentioned Letter of Attorney, till breach of the proviso hereafter mentioned. Provided always, and upon Condition, that if he the said R. S. A Proviso to perform Covenants or else a Letter of attorney to be voided. shall not from time to time and at all times hereafter, well and truly observe, perform and keep all and every the Covenants and Agreements before mentioned, which on his part are to be observed, fulfilled and kept according to the true intent and meaning of these presents, that then the said Letter of Attorney before mentioned, and all the Powers and Authorities to him granted, in and by the same shall cease, determine and be utterly voided, any thing herein or in the said Letter of attorney contained to the contrary in any wise notwithstanding. In witness, &c. Mortgages. Mortgages, vide Assignments. A Mortgage in Fee by Lease and Release. The Lease per Annum. THis Indenture made, &c. Between J. B. of, &c. of the one part, and E. F. of, &c. of the other part, witnesseth, That the said J. B. for and in Consideration Consideration. of the Sum of 5 s. of lawful Money of England, to him in hand paid by the said E. F. at or before the ensealing and delivery of these presents, the Receipt whereof is hereby acknowledged, Hath granted, bargained and sold, and by these presents doth grant, Grant. bargain and sell unto the said E. F. All that, &c. and the Reversion and Reversions, Remainder and Remainders, Rents, Issues and Profits of the said premises, and of every part and parcel thereof; Nabendum. To Have and to Hold the said, &c. and all, and singular other the premises with their and every of their Appurtenances, unto the said E. F. his Executors, Administrators and Assigns, from the day next before the day of the date of these presents, for during and unto the full end and Term of one whole year from thence next ensuing, and fully to be complete and ended: Reddendum. Yielding and paying therefore the Rent of one Pepper-corn, at the Feast of the Nativity of our Lord God, if the same shall be lawfully demanded, To the intent and purpose that by virtue of these presents, and of the Statute for transferring of Uses into Possession, the said E. F. may be in the actual Possession of all and singular the said premises, and be thereby enabled to accept and take a Grant or Release of the Reversion and Inheritance thereof, to him and his Heirs upon and under such Provisoes and Conditions, as in and by one Indenture intended to bear date the day next after the date of these presents, and to be made between the said J.B. of the one part, and the said E. F. of the other part, shall be daclared concerning the same. In witness, &c. The Release. THis Indenture made, &c. Between J. B. of, &c. of the one part, and E. F. of, &c. of the other part witnesseth, That for and in Consideration Consideration. of the Sum of, &c. of lawful Money of England, to him the said J. B. in hand paid by the said E. F. at or before the ensealing and delivery of these presents, the receipt whereof he the said J. B. doth hereby aclowledge, and thereof, and of every part thereof doth acquit, exonerate and discharge the said E. F. his Heirs, Executors, Administrators and Assigns, and every of them for ever by these presents, He the said J. B. hath granted, aliened, released and confirmed, and by these presents doth grant, Grant. alien, release and confirm unto the said E. F. his Heirs and Assigns, all, &c.( All which said mentioned premises, now are in the actual Possession of him the said E. F. by virtue of one Indenture of Bargain and Sale for a year to him thereof made by the said J.B. by Indenture bearing date the day before the date of these presents, and by force of the Statute for transfering of Uses into Possession, Habendum. ) To Have and to Hold the said, &c. and all and singular other the premises, with their and every of their Appurtenances, unto the said E. F. his Heirs and Assigns, to the only proper use and behoof of him the said E. F. his Heirs and Assigns for ever. Provided always, proviso. and these presents are upon this Condition nevertheless, That if the said J. B. his Heirs, Executors or Administrators or any of them, shall well and truly pay, or cause to be paid unto the said E. F. his Heirs or Assigns, at or in the Common Dining Hall of Grays-Inn in the County of Middlesex, and the full Sum of, &c of lawful Money of England, at or upon the, &c. next ensuing the date hereof, without any Deduction or Abatement out of the same, for or in respect of any Taxes, charges or other matter or thing whatsoever, That then and from thenceforth this present Indenture and the Estate hereby made shall cease and determine, Upon payment according to proviso, Grantee to Reconvey. and that then also, he the said E. F. his Heirs and Assigns, shall and will at the request and costs and charges of the said J.B. or his Heirs, by good and sufficient conveyances and assurances in Law, reconvey and assure unto the said J. B. his Heirs and Assigns, all and singular the said Lands, Hereditaments and premises hereby mentioned to be granted, released and confirmed and every part thereof, and all his and their Estate, Right, Title and Interest, in and to the same, discharged of all encumbrances by him or them, or by any other person or persons, claiming under him or them committed, done or suffered in the mean time, Covenant that Mortgagor will pay, &c. And the said J. B. for himself, his Heirs, Executors and Administrators, and for every of them, doth covenant, promise, grant and agree to and with the said E. F. his Heirs and Assigns, and to and with every of them by these presents, That he the said J. B. his Heirs, Executors or Administrators, or some of them, shall and will well and truly pay, or cause to be paid unto the said E. F. his Heirs or Assigns, the said Sum of, &c. at the day and time, and at the place of payment aforesaid, without any Deduction or Abatement out of the same, or any part thereof as aforesaid, according to the Tenor, effect and true meaning of the above written proviso or Condition, and in discharge of the same without Fraud or Covin. Covenant that Grantor is seized, and hath power to grant, &c. And the said J.B. for himself, his Heirs, Executors and Administrators, doth further covenant, promise and grant to and with the said E.F. his Heirs and Assigns, by these presents in manner and form following;( that is to say,) That he the said J. B. now is, and standeth lawfully and absolutely seized of and in the said Lands, Hereditaments and premises and every part thereof, of a good, sure, absolute and indefezible Estate of Inheritance in Fee-simple, without any Condition, Trust, Power of Revocation or Limitation of any use or uses, or any other matter or thing whatsoever, to alter, change, charge, determine, defeat or encumber the same; And that he the said J.B. hath now in himself full power, good right, and lawful and absolute authority to grant, sell, alien and release the same and every part thereof, unto the said E. F. his Heirs and Assigns in manner and form aforesaid, according to the true intent and meaning of these presents. And further, After default of payment, &c. Grante● to enter and take profits, &c. That if default shall happen to be made in payment of the said Sum of, &c. or any part thereof, contrary to the Tenor of the above written proviso and Covenant, That then it shall and may be lawful to and for the said E. F. his Heirs or Assigns into the said Lands, Hereditaments and premises, and every part thereof to enter, and the same from thenceforth peaceably and quietly to hold and enjoy, and the Rents, Issues and Profits thereof, receive and take to his and their own proper uses and behoofs for ever, without any manner of denial, let, svit, trouble, interruption, recovery or eviction of or by the said J. B. his Heirs or Assigns or any of them, or of any other persons or person whatsoever, And that freed and discharged, Freed from all encumbrances. or otherwise by the said J. B. his Heirs, Executors or Administrators saved harmless, and kept indemnified, of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Leases, Mortgages, Uses, Wills, Entails, jointures, Dowers and Titles of Dower, Statutes, recognisances, Debts, Judgments, Extents, Executions and of and from all other charges, Estates, Titles, That premises are and shall continue of such yearly value. Troubles and encumbrances whatsoever. And further, That the said Lands, Hereditaments and premises hereby granted, released and confirmed or meant, mentioned or intended to be hereby released granted, and confirmed, now are and shall continue of the clear yearly value of, &c. over and above all Taxes, Charges and Reprizes. And moreover, That if default shall be made in payment of the said Sum of, After default of payment 〈…〉 gagor a●d all persons claiming; &c. to make further assurance. &c. or any part thereof contrary to the Tenor of the above written proviso and Covenant in that behalf, That then he the said J. B. and his Heirs, and all and every person and persons, any Estate having or lawfully claiming of into or out of the premises or any part thereof, shall and will at the request, costs and charges of the said E. F. his Heirs or Assigns, make, do and execute, or cause or procure to be made, done and executed all such further Act and Acts and assurances in the Law whatsoever, for the further, more perfect and absolute conveying and assuring the said Lands, Hereditaments and premises, and every part and parcel thereof, unto the said E. F. his Heirs and Assigns, discharged of the proviso or Condition aforesaid, as by him the said E. F. his Heirs and Assigns, his and their council learned in the Law shall be reasonably devised, advised or required. Grantor to enjoy till default of payment, &c. And lastly, It is concluded and agreed by and between the said parties to these presents, And the said E. F. for himself, his Heirs and Assigns, doth covenant, promise, grant and agree to and with the said J. B. his Heirs, Executors, Administrators and Assigns, by these presents in manner and form following;( that is to say,) That he the said E. F. his Heirs and Assigns, shall and will permit and suffer the said J. B. his Heirs and Assigns, peaceably and quiety to hold and enjoy the said Lands, Hereditaments and premises hereby granted, and every part thereof, and to receive, take and enjoy the Rents and Profits thereof, to his and their own use and uses, during and until breach of the above written proviso or Condition, without any lawful let, svit, trouble, interruption, recovery, eviction or disturbance of or by the said E. F. his Heirs or Assigns, or of or by any other person or persons, claiming by, from or under him or them, or by his or their title, act, means, consent or procurement. In witness, &c. A Mortgage for 500 years, with a Covenant for Levying a Fine for Confirmation of the Estate and Term, after the determination of the Mortgage, the use of the Fine limited to Mortgagee to cease, and be to the use of the Mortgagor and his Heirs. THis Indenture made, &c. Between J. S. of, &c. of the one part, and W.S. and R. S. of the other part, Witnesseth, That for and in Consideration Consideration. of the Sum of, &c. of lawful Money of England, to him the said J.S. in hand paid by the said W. S. and R. S. before the sealing and delivery of these presents, the receipt and payment whereof the said J.S. doth by these presents aclowledge, and thereof and of every part and parcel thereof, doth clearly acquit, release and discharge the said W.S. and R. S. and either of them, their respective Executors, Administrators and Assigns, by these presents, He the said J. S. Hath demised, granted, bargained and sold, and by these presents doth demise, grant, Grant. bargain and sell unto the said W. S. and R. S. their Executors, Administrators and Assigns, all that, &c. together with all and singular messages, Cottages, Edifices, Buildings, Barns, Stables, Out-houses, Orchards, Gardens, Meadows, Leasows, Pastures, Feedings, Woods, shepherds, Waters, Watercourses, Commodities, Profits, Emoluments and Hereditaments whatsoever, to the said messages, Hereditaments and premises belonging or appertaining, or to or with the same used, occupied or enjoyed, or accepted, reputed or taken as part, parcel or member thereof, and the Reversion and Reversions, Remainder and Remainders of the said premises, and of every part thereof, together with the Rents thereunto incident and belonging; Habendum. To Have and to Hold the said messages, Lands, Tenements, Hereditaments, and all and singular the premises, with their and every of their appurtenances, unto the said W. S. and R. S. their Executors, Administrators and Assigns from henceforth, unto the full end and term of 500 years next ensuing, and fully to be complete and ended, without impeachment of or for any manner of Waste; Yielding and paying therefore yearly, Reddendum. during the said Term, the Rent of one Pepper-corn at the Feast of, &c. only, if the same be lawfully demanded. And it is covenanted, concluded and agreed by and between the said parties to these presents; Covenant for Levying a Fine. and the said J. S. for himself, his Heirs, Executors and Administrators, doth covenant, promise and agree to and with the said W.S. and R. S. their Heirs and Assigns by these presents, That he the said J. S. shall and will on this side and before the end of Michaelmas Term next ensuing the date hereof, in due form of Law, levy and acknowledge before His Majesties Justices of the Court of Common-Pleas at Westminster, or before some other person or persons in that behalf lawfully authorised one, or more Fine or Fines Sur Conusans de droit come ceo, &c. with Proclamations thereupon to be had and made according to the usual course of Fines with Proclamations for assurance of Lands in such cases used, and the form of the Statute in that behalf made and provided, unto the said W. S. and R. S. and their Heirs, or the Heirs of one of them, of all the said, &c. and all and singular other the premises herein before demised, granted, bargained and sold, or meant, mentioned or intended to be hereby demised, granted, bargained and sold, and of every part and parcel thereof, with their and every of their appurtenances, in the said Fine or Fines, to be by the Name or Names of, &c. or by such other convenient name or names, additions, descriptions, quantities, qualities, contents and numbers of Acres, or otherwise, in such manner and form as by them the said W. S. and R. S. or either of them, their or either of their Heirs or Assigns, or any of them, or their or any of their Counsel learned in the Law, shall be thought fit and convenient. En●●ment of a Fine. And it is declared and agreed by and between all the said parties to these presents, and in particular the said J. S. doth for himself, his Heirs and Assigns, declare and agree, That the said Fine, so as aforesaid or in any other manner to be had and executed, and all and every other Fine and Fines, Conveyances and Assurances had and executed by and between the said parties to these presents, or any of them, of the said Lands and premises, and every part and parcel thereof shall be and enure, and shall be adjudged, construed, deemed and taken to be and enure, and are meant and intended and hereby declared to be and enure, And the said W. S. and R. S. Cognizees in the said Fine, and their Heirs, shall stand and be seized of the said premises, and every part thereof, with their appurtenances, to the use and behoof of them the said W.S. and R. S. their Executors, Administrators and Assigns, for and during all the said term of 500 years, for the better, more perfect and absolute confirmation, corroboration, strengthening and security of the said Term and Estate hereby granted, and every part thereof, during the said Term of 500 years herein before mentioned and expressed, and from and after the expiration or other determination of the said Term of 500 years herein before mentioned, to the only use and behoof of the said J. S. his Heirs and Assigns for ever, and to no other uses, intents or purposes whatsoever. Proviso, That upon payment of a Sum of Money, this Indenture and the Estate and use of the Fine limited, as afore, shall cease, &c. Provided always, and upon this Condition nevertheless, That if he the said J.S. his Heirs, Executors or Administrators, or any of them, do and shall well and truly pay or cause to be paid unto the said W. S. and R. S. their Executors, Administrators and Assigns, the full Sum of, &c. of lawful Money of England, at or upon the, &c. which shall be in the year of our Lord God, &c. without making or demanding any deduction or abatement of or by reason of any Taxes, Charges or Payments issuing out of, or charged or imposed on the premises, or any part or parcel thereof, or upon the said Sum of, &c. by any Act or Acts of Parliament made or to be made, or other wise howsoever, that then and from thenceforth this present Indenture and the Estate and Term hereby granted, and the said use of the said Fine or Fines so covenanted to be levied as aforesaid, before limited to them the said W. S. and R. S. their Executors, Administrators and Assigns, for and during the said Term of 500 years, for the confirmation and better security of the said Estate and Term in the premises hereby granted or mentioned, or intended to be granted, shall cease, determine and be utterly voided, any thing herein contained to the contrary in any wise notwithstanding. Covenant, That the Grantor is lawfully seized, &c. and hath power to grant. And the said J. S. for himself, his Heirs, Executors and Administrators, and for every of them, doth covenant, promise, grant and agree to and with the said W. S. and R.S. their Executors, Administrators and Assigns, and to and with every of them by these presents, in manner and form following;( That is to say) That he the said J.S. at the time of the ensealing and delivery hereof, is the very true lawful and rightful Owner of all and singular the said Lands, Hereditamants and premises herein before meant, mentioned or intended to be hereby demised, granted, bargained and sold, with their appurtenances, and every part and parcel thereof, and now is and standeth lawfully seized of all and singular the said Lands, Hereditaments and premises, with their and every of their appurtenances, and of every part and parcel thereof, of a good, sure, lawful, absolute and indefeazible Estate of Inheritance in Fee-simple, without any manner of Condition or limitation of any Uses, power of Revocation or other matter or thing whatsoever, of or in any person or persons, to alter, change, charge, encumber or determine the same. And also, That he the said J. S. now hath in himself good right, full power and absolute Authority to demise, grant, bargain and sell all and singular the said Lands, Hereditaments and premises, and every part and parcel thereof unto the said W. S. and R.S. their Executors, Administrators and Assigns, for and during the said Term of 500 years, in manner and form as aforesaid. After default of payment, &c. Grantees to enter and take Profits without interruption, &c. And that they the said W.S. and R.S. their Executors, Administrators and Assigns, in case any default or failure shall be made in payment of the said Sum of, &c. or any part thereof, at the days and times in the said Proviso mentioned for payment of the same, contrary to the true intent and meaning of the said Proviso or Condition, shall and may peaceably and quietly enter into, have, hold, occupy, possess and enjoy the said Lands, Hereditaments and premises herein before-mentioned, and every part thereof, with their and appurtenances, and shall or lawfully may have, receive and take all and singular the Rents, Issues and Profits of every part thereof to his and their own proper use and uses, for and during all the rest and residue which shall be then to come and unexpired of the said Term of 500 years, without any manner of let, svit, trouble, denial, eviction, molestation, interruption, disturbance or demand of or by the said J. S. his Heirs, Executors, Administrators or Assigns, or by any other person or persons whatsoever, and that free and and clear, Freed from encumbrances. and freely and clearly acquitted, exonerated and discharged, of and from all and all manner of former and other Gifts, Grants, Bargains, Sales, Leases, Mortgages, jointures, Dowers, Uses, Wills, Entails, Statutes, recognisances, Judgments, Extents, Executions, Claims, Duties, Debts, and of and from all other Estates, Titles, Charges, Trusts, Troubles, encumbrances and Demands, had, made, commitmited, done or suffered, or to be had, made, committed, done or suffered by the said J. S. or any other person or persons whatsoever, The Rents and Services from henceforth to grow due and payable to the Chief Lord and Lords of the Fee or Fees of the premises, Except Quit-Rents and Services to the Lords, &c. in respect of his or their signory or countries excepted and fore prized. Covenant for payment of Money according to the Proviso. And the said J.S. doth further, for himself, his Heirs, Executors and Administrators, covenant, promise, grant and agree to and with the said W.S. and R.S. their Executors, Administrators and Assigns, by these presents, That he the said J. S. his Heirs, Executors or Administrators, or some of them, shall and will well and truly pay or cause to be paid unto the said W. S. and R. S. their Executors, Administrators or Assigns, the said Sum of, &c. and every part thereof, at the day and time above-limited for payment of the same, according to the true intent and meaning of these presents. Grantor and all persons claiming after default of payment, &c. to make further Assurance. And that in case default shall happen to be made in payment thereof, or any part thereof, contrary to the true intent of the Proviso or Condition herein before-mentioned, and at the day and time therein appointed for payment of the same, That then he the said J. S. his Heirs, Executors and Administrators, all and every other person and persons, having or lawfully claiming, or which shall or may have or lawfully claim any Estate, Title or Interest in Possession or Reversion, in or to the said premises, or any part thereof, shall and will from time to time, and at all times from and after such default as aforesaid, at the request, cost and charges of the said W.S. and R. S. their Executors, Administrators and Assigns, do, make, perform, levy, execute and suffer, or cause and procure to be made, done, performed, levied, executed and suffered all and every such other and further act and acts, devices and assurances in the Law whatsoever, for the further, better, more perfect and absolute, granting, confirming and assuring of the said Lands, Hereditaments and premises, and every part and parcel thereof, with the appurtenances, unto the said W.S. and R.S. their Executors, Administrators and Assigns, for and during all the rest and residue which shall be then to come and unexpired of the said Term of 500 years herein before-mentioned, as by them the said W. S. and R. S. their Executors, Administrators or Assigns, or their or any of their Counsel learned in the Law, shall be reasonably devised, advised or required. And lastly, It is agreed by and between the said Parties to these presents, Grantor to enjoy till default of payment. That it shall and may be lawful to and for the said J. S. his Heirs and Assigns, to receive and take the Rents, Issues and Profits of all and singular the premises, and of every part and parcel thereof, to his and their own proper use and uses, until default shall happen to be made of or in payment of the said Sum of, &c. or any part thereof, contrary to the true meaning of these presents, without any ejectment, trouble or interruption of or by the said W. S. and R. S. their Executors, Administrators and Assigns, or any of them. In witness, &c. A Grant of Fee-farm Rents in a Mortgage. THis Indenture made, &c. Between E. G. of, &c. of the one part, and R.C. of, &c. of the other part. Whereas the late King James, by his Letters Patents bearing date the, &c. in the, Recital of the King's Grant. &c.( amongst other things) did grant to F.P. and R.M. their Heirs and Assigns for ever, all that the Rectory and Church of K. in the County of L. with its rights, members and appurtenances whatsoever, by the particular thereof, of the Annual Rent of, &c. and the Advowson, Donation, free Disposition and Right of Patronage of the vicarage of the Parish Church of K. aforesaid, to the said Rectory of K. belonging, appertaining, appendent or incumbent; To be holden of the aforesaid late King, his Heirs and Successors, as of his Mannor of East Greenwich in, &c. in Free and Common Socage, rendering therefore yearly to the said King, his Heirs and Successors, at the Feast of, &c. by even and equal portions, by Fee-farm Rent or yearly Rent of, &c. And whereas the said late King James, by his Letters Patents bearing date the, &c.( amongst other things) did grant to the said F. P. and R. M. their Heirs and Assigns for ever, All the Rectory and Church of, &c. in the County of, &c. with all and singular its Rights, Members and Appurtenances whatsoever, by the particular thereof, of the annual Rent or value of, &c. issuing out of the Rectory, and yearly paid to the Arch Deacon of L. and his Successors, for a perpetual Procuration and Synodal, And the advowson, donation, disposition and right of Patronage of the Vicarage of the Parish Church of D. aforesaid, to the said Rectory of D. belonging, appertaining, incident or incumbent, To be holden of the aforesaid late King, his Heirs and Successors, as of his Mannor of, &c. in Fee and common soccage, rendering therefore yearly ●at the Feast of, &c. by equal portions, the Fee-farm Rent or yearly Rent of, &c. And it is mentioned in the particular thereof, that there was yearly payable out of the said Rectory of D. by the Fee Mannor of the said Rectory to the Arch Deacon of Lincoln, the yearly Sum of, &c. And whereas the said late King James by Letters Patents, bearing date the, &c.( amongst other things) Did grant to the said F. P. and R. M. their Heirs and Assigns forever, all that the, &c. in common, &c. with its rights, members and Appurtenances whatsoever: And all Houses, Edifices, Structures, Barns, Stables, Dove-houses, Orchards, Pomaries, Gardens, Lands, Meadows, Feedings, Pastures, Glebe Lands, Tithes of Grain, Lambs and Hay, and other Tithes as well great as small, And also Oblations, Obventions, Fruits, Profits, Commodities, Emoluments and Hereditaments whatsoever, situate and being, growing or renewing in the Towns, Fields, Parishes or Hamblets of, &c. or in any or either of them, in the said County of L. to the said Rectory of L. otherwise G. in any manner belonging or appertaining by particular thereof, of the annual Rent of, &c. to be holden of the said late King, his Heirs or Successors, as of his Mannor of East Greenwich, in the County of, &c. in free and common Soccage, rendering therefore yearly at the Feasts of, &c. by equal Portions, the Fee-farm Rent or yearly Rent of, &c. as by the particulars of the premises certified to the Trustees by the Acts of Parliament, authorised under the hand of T. P. Auditor, according to the direction of the said Acts, and remaining with the Register of the said Trustees, and as by the said several Letters Patents, relation being to them respectively had may more at large appear, And which said several yearly Rents, and Fee-farm Rents, issuing out of the said Rectory of D. and every of them were by dead Indented, bearing date the, &c. made by T. C. E. C. C.C. R.L. and N.L. some of the Trustees appointed by the said several Acts of Parliament granted and conveyed to the said E. G. his Heirs and Assigns for ever, as in and by the said recited dead Indented, enrolled in the public Exchequer, remaining in the custody of the second Remembrancer of the said Exchequer, relation being thereunto had may more at large appear. And whereas the said late King James by his Letters Patents dated, &c. did grant to R.S. his Heirs and Assigns in Fee-farm for ever, all that, &c. paying yearly at the Feasts of, &c. the Fee-farm Rent or yearly Rent of, &c. As by the particular thereof certified to the said Trustees, by the Hand of T.H. Deputy Auditor, according to the direction of the said Acts, and remaining with the Register to the said T●ustees, and as by the said Letters Patents, relation being thereunto had may more at large appear; And which said yearly Rent or Fee-farm Rent of, &c. was by dead indented, bearing date the, &c. made by N.S. J.S. R.S. J.H. some of the said Trustees granted and conveyed to the said E. G. his Heirs and Assigns forever, as by the said dead enrolled as aforesaid may appear. Now this Indenture witnesseth, The grant of the premises severaly recited. That the said E. G. for and in Consideration of the Sum of, &c. of lawful Money of England, to him in hand at or before the ensealing and delivery of these presents, by the said R. C. well and truly paid, the Receipt whereof he the said E. G. hereby acknowledgeth, and thereof, and of every part and parcel thereof acquitteth and dischargeth the said R.C. his Heirs, Executors and Administrators for ever by these presents, Hath granted, bargained, sold, demised and to Farmletten, And by these presents doth for himself, his Heirs and Assigns, bargain, sell, demise and to Farm-let unto the said R. C. the aforesaid Fee-farm Rents, or yearly Rents of, &c. and every of them, by and upon the said Letters Patents severally reserved; And the said several recited Deeds indented, granted as aforesaid, And all Penalties, Benefits of Forfeitures, Nomine poenes, Distresses, Powers and Conditions of re-entry or Re-detainers by the aforesaid Letters Patents, or any of them reserved, for or by reason thereof or incident or belonging thereto; And all Liberties, Powers, Actions, Suits, Ways and Means for the recovery of the said yearly Rents and premises, and every or any of them, by reason or virtue of the said Acts of Parliament, or any of them or the said Letters Patents, or any covenant, grant or reservation, provision or conditions therein mentioned or contained, or by virtue of the said several Deeds made by the said Trustees as aforesaid, or any thing therein contained, and all other Liberties, privileges, Advantages, Commodities and Appurtenances whatsoever, which the said E.G. his Heirs or Assigns, or any other person or persons to his or their use, may have or claim by virtue of the said Letters Patents or Deeds Indented, or by the said Acts of Parliament or any other ways whatsoever; And all the Right, Title, Power, Interest, Claim and Demand whatsoever, of the said E. G. his Heirs or Assigns, or any other person or persons to his or their use, may have or claim by virtue of the said Letters Patents and Deeds Indented, or by the said Acts of Parliament, or by any other ways or means whatsoever, And all the Right, Title, Power, Interest, Claim and Demand whatsoever of the said E. G. his Heirs and Assigns, of and to the said several yearly Rents, issuing and payable as aforesaid, together also with the same Deeds; To Have and to Hold the aforesaid several Rents or Fee-farm Rents hereby granted, Habendum. bargained and sold, and every part and parcel thereof reserved and payable as aforesaid, And all Penalties, Benefit of of Forfeitures Nomine poenes, Advantages of Distress, Liberties and Powers to Distrain, and to Deliver, Sell and Dispose of the same, And all Powers and Conditions or Re-entry for Nonpayment of the said several Rents, and all Actions, Suits, Ways and Means for recovery of the aforesaid hereby granted several Rents by reason or by virtue of the aforesaid Acts of Parliament, or of any of them or of the said Letters Patents, or of any grant, covenant or reservation, provision or condition herein contained, or of the said Deeds Indented together with the same Deeds, to the said R. C. his Executors, Administrators and Assigns, To the only use and behoof him the said R. C. his Executors, Administrators and Assigns, from the Feast of, &c. last past, before the date hereof, unto the end and Term of One thousand years from thence next ensuing, and fully to be complete and ended, in as full large and ample manner and form, to all intents and purposes whatsoever, as the said E. G. his Heirs or Assigns, might, could or ought to have had received or enjoyed the same by virtue of the said Letters Patents, Acts of Parliament, Deeds Indented, or any other Act, Law, Ordinance or means whatsoever: Reddendum. Yielding and paying therefore yearly during the said Term of 1000 years, to the said E. G. his Heirs and Assigns, one Pepper-corn at the Feast of, &c. if the same shall be lawfully demanded. And also the said E.G. for himself, his Heirs Executors, Administrators and Assigns, Doth covenant and grant to and with the said R. C. his Executors, Administrators and Assigns, by these presents in manner following;( that is to say, Covenant for quiet enjoyment. ) That he the said R. C. his Executors, Administrators and Assigns, under and according to the Provisoes and Conditions herein mentioned, shall and may during the Term hereby granted, peaceably and quietly, have, hold, possess and enjoy all and every the said Fee-farm Rents and premises hereby bargained and sold, or meant, mentioned or intended to be hereby bargained and sold, with the Appurtenances, without the let, svit, trouble, denial or interruption of the said E. G. his Heirs, Executors, Administrators or Assigns, or any other person or persons, free and clear, or otherwise freely and clearly acquitted and discharged by the said E.G. his Heirs, Executors, or Assigns, of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Leases, Annuities, Rents-charge, Rents-seck, jointures,, Dowers, Thirds, Wills, Entails, Statutes, recognisances, Judgments, Extents, Executions, Exigents, Estates, Titles, Troubles, Charges and encumbrances whatsoever. Provided always nevertheless, Proviso. and upon Condition, That if the said E. G. his Heirs, Executors, Administrators or Assigns, shall well and truly pay or cause to be paid unto the said R.C. his Executors, Administrators and Assigns, the Sum of, &c. of lawful Money of England, on the, &c. That then and from thenceforth the Grant, Bargain, Sale and Demise hereby made of the Fee-farm Rent and premises shall be utterly voided and of none effect, And the said recited Deeds Indented made by the said Trustees, as aforesaid, restored and redelivered to the said E. G. his Heirs or Assigns, upon his or their reasonable demand thereof, safe and uncancelled: And also upon the like demand, this present dead Indented and Counterpart hereof, and one Obligation of the date hereof of, &c. made by the said E. G. to the said R. C. for payment of, &c. on the day of payment thereof aforesaid, and according to this Proviso or Condition, shall mutually be yielded up and uncancelled. Provided also, That while and until default shall be made in payment of the said Sum of, &c. contrary to the said Condition, it shall and may be lawful to and for the said E. G. her Heirs and Assigns, to his and their own use, to have, take, receive and enjoy the said Fee-farm Rents or Yearly Rents, and every of them, without the let or denial of the said R. C. his Heirs, Executors or Assigns. And lastly, It is agreed that the said place for payment of the said, &c. on the said, &c. shall be at or in the now Dwelling-house of N. W. &c. in West-Smithfield, London. In witness, &c. A Mortgage or Grant of Lands for 500 years, on Condition, That if Mortgagor pay Mortgagee a yearly Rent during Mortgagees Life, or such an entire Sum, then the Grant to be voided. THis Indenture made, &c. Between Sir R. D of G. in the County of L. Baronet, on the one part, and E. B. of, &c. in the County of, &c. on the other part, Witnesseth, That the said Sir R. D. for and in Consideration of the Sum of 10 s. of good and lawful Money of England, to him in hand paid by the said E. B. before the sealing and delivery of these presents, the receipt whereof he doth hereby aclowledge, and thereof doth acquit and discharge the said E. B. his Executors and Administrators by these presents, And for other good Considerations him thereunto moving, hath demised, granted, bargained, sold and to Farm-letten, and by these presents doth, demise, grant, bargain, Grant. sell and to Farm-let unto the said E. B. his Executors and Administrators, all that piece or parcel of arable Land, Meadow or Pasture-ground, with the appurtenances, commonly called or known by the name of the High-Park, and all that piece of Arable, Meadow or Pasture-ground, called or known by the name of the L. Close, situate, lying and being within the Town, Hamlet, Parish or Mannor of G. near L. reputed or taken as part, parcel or member thereof, in the said County of L now in the tenor or occupation of A. C. his Assigns or Under-tenants, together with all and singular Hedges, Hedge-rows, Fences, Ditches, Mounds, Paths, Passages, Easments, Profits, Commodities, Advantages, Emoluments and Hereditaments whatsoever, to the said several parcels of Ground belonging or in any wise appertaining or reputed, or taken as part or parcel of the same, and the Reversion and Reversions, Remainder and Remainders of the said premises, and all yearly and other Rents and Profits whatsoever reserved upon any demise made of the same or of any part of them, To Have and to Hold the said several parcels of Arable, Habendum. Meadow or Pasture-ground before mentioned and intended to be hereby demised, bargained and sold, with their and every of their appurtenances, unto the said T. D. his Executors, Administrators or Assigns, for and during the the Term of 500 years from henceforth next ensuing, and fully to be complete and ended, without Impeachment of or for any manner of Waste; Reddendum. Yielding and paying therefore yearly during the said Term, the Rent of one Peppercorn only on the Feast-day of St. Michael the Archangel, if the same shall be lawfully demanded. Proviso. Provided always and upon Condition nevertheless, That if the said Sir R. D. his Heirs or Assigns, shall well and truly pay or cause to be paid unto the said E.B. or his Assigns, the yearly Rent or Sum of, &c. of good and lawful money of England, for and during so many years of the said Term, as the said T. D. shall happen to live at two Feasts or Days of payment in the year;( That is to say,) The Feast of the Nativity of St. John Baptist, and the Birth of our Lord, by equal portions, the first payment to begin on the Feast of the Nativity of St. John Baptist next ensuing the date of these presents, That then this present Indenture, &c. Provided also and upon Condition, That if the said Sir R. D. his Heirs, Executors or Administrators, or any of them, shall well and truly pay or cause to be paid unto the said E. B. or his Assigns, the full and just Sum of, &c. of good and lawful Money of England, at one entire payment at any time, during the Natural life of the said T. D. that then also this present Indenture and the Estate hereby made, shall cease, determine and be utterly voided, any thing herein contained to the contrary in any wise notwithstanding. And the said Sir R.D. for himself, his Heirs, Executors and Administrators, and for every of them, doth covenant, promise and grant to and with the said T. D. his Executors and Administrators by these presents, That he the said Sir R. D. his Heirs, Executors or Administrators, Covenant for payment. or some of them, shall and will well and truly pay, or cause to be paid unto the said T. D. or his Assigns, the said yearly Rent or Sum of, &c. of good and lawful Money of England, until the said Sum of, &c. shall be truly paid and satisfied unto the said T.D. or his Assigns, by the said Sir R. D. his, &c. according to the true intent and meaning of these presents. And also, That he the said Sir R.D. Grantor is seized. now is and standeth lawfully and absolutely seized of and in the said several parcels of Grounds and premises before-mentioned, with their appurtenances, of a good, perfect, absolute and indefeazable Estate of Inheritance in Fee-simple. And that he now hath good right, full power and authority to demise, bargain and sell the same, and every part thereof, unto the said T. D. and his Assigns, according to the true intent and meaning of these presents; And that it shall and may be lawful to and for the said T. D. and his Assigns, from and after the breach of the Proviso before-mentioned, To have, hold and enjoy the said parcels of Ground and premises, with their Appurtenances, free and clear, and freely acquitted and discharged of and from all former and other Gifts, Grants, Bargains, Sales, Leases, Judgments, Statutes, Extents, Executions, and all former and other Titles, Troubles, Charges and encumbrances whatsoever, done or suffered by him the said R.D. or by any other person or persons lawfully claiming from, by or under him, one Lease of the said Mannor of G. together also with the said several parcels of Arable Meadows and Pasture-ground, Exception of a Lease for years in and by these presents before-mentioned to be demised, bargained and sold for the Term of 〈◇〉 years, made by the said Sir R.D. by Indenture bearing date the, &c. day of, &c. in the year, &c. unto A. C. his Executors, Administrators and Assigns, at and under the yearly Rent in the said Indenture reserved, which said Rent proportionably, as for the said parcels of Ground and premises before-mentioned to be hereby demised, shall( from and after breach made of the Proviso before expressed) be due and payable unto the said T. D. and his Assigns, only excepted and foreprized. In witness, &c. A Mortgage or Conditional Assignment of a Lease for years, granted by the Queen. THis Indenture made, &c. Between J. H. on the one part, and H.B. of, &c. in the County of, &c. on the other part. Whereas by Indenture bearing date, &c. Between the most High and Excellent Princess catherine● Queen of England, Recital of the Lease. &c. D. H. of, &c. P.C. W.B. H.C. J.H. and W.M. on the one part, and the said J. H. on the other part; The most Excellent Princess Queen catherine●, of her special Grace, certain Knowledge and mere Motion, and the said D.H. P.C. W. B. H. C. J. H. and W.M. by Warrant and Command of the said most Excellent Princess Queen catherine●, testified by her joining in the said Indenture, for the Consideration and under the yearly Rent, Covenants, Exceptions and Agreements therein mentioned and reserved, did lease, set and to Farm-let unto the said J. H. his Executors, Administrators and Assigns, all that the Bailywick or Mannor of W. in the County of M. mentioned by a particular thereof, to be of the yearly Rent or value of, &c. And also all Houses, messages, Buildings, Lands, Tenements and Hereditaments whatsoever, and all Rents and other Profits in W. aforesaid, being parcel or reputed to be parcel of the Bailywick or Mannor of W. and parcel of her said Majesties jointure, and the Reversion and Reversions, Remainder and Remainders of the said premises, and all Rents and Services reserved upon any Demise or Lease of the said premises, or any part or parcel thereof,( Excepting always out of the said Lease, &c. Habendum. ) To Have and to Hold the said Bailywick or Mannor and premises in the said Indenture mentioned, and intended to be thereby leased, with their and every of their Appurtenances,( Except as in the same Indenture is excepted) unto the said J. H. his Executors, Administrators and Assigns, from the Feast of S. Michael, which should be in the Year of our Lord, &c. for and during and unto the full end and Term of, &c. from thence next ensuing and fully to be complete and ended, under such yearly Rents, Covenants, Conditions and Agreements from and after the commencent of the same Term, and to be payable, paid and performed in such manner and form as in the same Indenture is reserved, limited and declared, as in and by the said Indenture, relation being thereunto had, more at large may appear. Now this Indenture Witnesseth, That the said J. H. for and in Consideration Consideration. of the Sum of, &c. of good and lawful Money of England, to him well and truly in hand paid by the said H. B. before the sealing and delivery of these presents, the receipt whereof he doth hereby aclowledge, and thereof doth acquit and discharge the said H. B. his Executors and Administrators; And for other good Considerations him thereunto moving, Hath demised, Grant. bargained, sold, assigned and setover, and by these presents doth demise, bargain, sell, assign and set-over unto the said H. B. his Executors and Administrators, all that the said Bailywick or Mannor of W. and all other the messages, parcels of Ground, Lands, Tenements, Hereditaments and premises in the said recited Indenture mentioned, and intended to be hereby assigned, with their Rights, Members and Appurtenances,( Except as in the same Indenture is excepted) And the Reversion and Reversions, Remainder and Remainders of the said premises, and all yearly and other Rents and Profits reserved upon any Demise or Grant made of the same, or of any of them; And all the Estate, Right, Title, Interest, Term of years, Claim and Demand whatsoever of him the said J. H. of, in and to the same, by force and virtue of the said recited Indenture or otherwise, together with the said Indenture; Habendum. To Have and to Hold the said Bailywicks, or Mannor, messsage, Lands and premises in the said Indenture mentioned and intended to be hereby Assigned, with their and every of their Appurtenances, together with the same Indenture( except as therein is excepted) unto the said H. B. his Executors, Administrators and Assigns, from the said Feast day of St. Michael the Archangel, which shall be in the year of our Lord, &c. for and during and unto the full end of the said Term of, &c. years from thence next ensuing, fully to be complete and ended, subject to and under the yearly Rents, Covenants, Conditions and Agreements, in the said Indenture reserved and mentioned. Provided always, Proviso. and upon Condition that if the said J. H. his Heirs, Executors or Administrators, or any of them, shall well and truly pay or cause to be paid unto the said H. B. his Executors or Administrators the full and just Sum of, &c. of good and lawful Money of England on the, &c. day of, &c. which shall be in the year of our Lord, &c. At or in the Common Dining-Hall of the Middle Temple London, without any defalcation or abatement out of the said Sum or any part thereof for Taxes, Charges, Assessments, or for other cause or thing whatsoever, Then this present Indenture and the Estate hereby made shall cease, determine and be utterly voided, any thing herein contained to the contrary notwithstanding. Covenant for payment of the money. And the said J. H. for himself, his Heirs, Executors and Administrators, doth covenant and grant to and with the said H. B. his Executors and Administrators, by these presents, that he the said J.H. his Heirs, Executors or Administrators, or some of them, shall and will well and truly pay or cause to be paid unto the said H. B. his Executors or Administrators, the said Sum of, &c. and every part thereof, at the day and place before limited and appointed for payment of the same, without any deduction or abatement for Taxes, or for other cause or thing whatsoever, according to the true intent and meaning of the said Proviso, and in discharge thereof without Fraud or Covin, That the Original Lease is and shall be a good Lease in Law. And that the said recited Indenture of Lease before mentioned to be hereby assigned, now is, and from and after the executing of these presents for, &c. notwithstanding any Act, matter or thing by the said J. H. or by any other person or persons whatsoever committed, done or suffered to the contrary, shall be and continue a good and effectual Lease and Estate in Law not forfeited, surrendered or otherwise avoided, and that( notwithstanding any such Act as aforesaid, That Assignor hath the power to Assign and that premises after breach of proviso shall continue free from encumbrances. he the said J.H. now hath good right, full power and authority to grant and assign the same, and every part thereof in manner aforesaid, according to the true intent and meaning of these presents: And also that the bailiwick or Mannor Lands and premises, from and after the commencement of this present Indenture of Assignment, and breach of proviso before mentioned during the Term hereby assigned, shall be and continue free and clear, and freely and clearly acquitted and discharged, of and from all manner of Titles, troubles, charges and encumbrances whatsoever, committed done or suffered by the said J. H. or by any other person or persons whatsoever. And further, To make further assurance. That he the said J. H. his Executors, Administrators and Assigns, from time to time and at all times during the Term hereby granted,( from and after the commencement of the same, and breach in the proviso before mentioned, shall and will make and do such further and other Act and Acts, thing or things, for the strengthening, confirming and making absolute of the said Term of, &c. years hereby assigned in manner as aforesaid, as by the said H. B. his Executors or Administrators, or by his or their council learned, shall be reasonably devised or required. Assignor to enjoy till Breach of proviso. And lastly, It is declared, concluded and agreed by and between the said parties, that it shall and may be lawful to and for the said J. H. his Executors, Administrators or Assigns, To hold and enjoy the said bailiwick or Mannor and premises, and receive and take the Rents and Profits of the same, To his or their own use, until default in payment of the said Sum of, &c. or some part thereof, At the day and place before limited and appointed for payment of the same, without the let or disturbance of the said H. B. his Executors or Administrators, and without any account to him or them to be had or given for the same. In witness, &c. A Mortgage by Lease for 500 〈◇〉 years with the usual Covenants. THis Indenture, &c. Between H. P. of the one part, and J. S. of the other part witnesseth, That the said H.P. for and in consideration of the Sum of, &c. to him in had paid at or before the ensealing and delivery of these presents, by the said J. S. the receipt whereof he the said H. P. doth hereby aclowledge, and thereof, and of every part and parcel thereof, doth hereby acquit, exonerate and discharge the said J. S. his Executors and Administrators for ever by these presents, Hath bargained, sold, demised, granted and to Farm-let, and by these presents doth demise, grant and to Farm-let unto the said J. S. his Executors, Administrators and Assigns, all that, &c. To Have and to Hold all and singular, &c. unto the said J. S. his Executors, Administrators and Assigns, from the day of the date of these presents, unto the full end and Term of 500 years from thence next ensuing, and fully to be complete and ended: Yielding and paying a Pepper-corn at the Feast of our Lord every year and no more if it be lawfully demanded; And the said H. P. for himself, his Heirs, Executors and Administrators, and for every of them doth covenant, Covenant that he is seized in Fee. promise, grant and agree to and with the said J.S. his Executors, Administrators and Assigns, and to and with every of them by these presents, in manner and form following;( that is to say,) That he the said H. P. at the time of the sealing and delivery of these presents, is the very true lawful and rightful owner of the said, &c. and of all other the premises herein before meant, mentioned or intended to be hereby demised, granted, bargained and sold with their Appurtenances, and of every part and parcel thereof, and now is, and standeth lawfully seized in his demesne as of Fee, of all and singular the said, &c. and all other the premises with their Appurtenances, and of every part and parcel thereof, of a good, sure, lawful, absolute and indeseazible Estate of Inheritance in Fee-simple, without any manner of Condition or Limitation of any uses, power of revocation, or other matter or thing whatsoever, of or in any person or persons to alter, change, encumber or determine the same, And also that the said H. P. now hath in himself full power, good and perfect right and lawful authority to demise, grant, bargain and sell all and singular the said, &c. therein before mentioned, &c. with the Appurtenances, and every part and parcel thereof, unto the said J. S. his Executors, Administrators and Assigns, for and during the said Term of 500 years in manner and form aforesaid. That Lessee shall enjoy after default of payment of the Sum in the Proviso. And that he the said J. S. his Executors, Administrators and Assigns, in case any default or failer shall be made of payment of the Sum of, &c. or any part thereof, contrary to the true intent and meaning of the Proviso or Condition hereafter mentioned, shall or lawfully may peaceably and quietly enter into, have, hold, occupy, possess and enjoy the said, &c. and premises herein before mentioned, and every part and parcel thereof with their Appurtenances, and shall or lawfully may have, receive and take all and singular the Rents, Issues and Profits of every part and parcel thereof, to his and their own proper use and uses, for and during all the rest and residue which shall be then to come and unexpired of the said Term of 500 years, without any manner of let, svit, trouble, denial, eviction, molestation, interruption, disturbance or demand, of or by the said H. P. his Heirs, Executors, Administrators or Assigns, or any of them, or by any other person or persons whatsoever; And that free and clear, and freely and clearly exonerated, acquitted and discharged, of and from all and all manner of former and other Gifts, Grants, Bargains, Sales, Leases, Mortgages, Joynturs, Dowers, Uses, Wills, Entails, Statutes, Recognizants, Judgments, Extents, Executions, Claims, Duties, Debts of Record, Debts to the Kings Majesty, Fines, Post-fines, seizures, Causes of Seizures, Rents Charge, Rents sack, Rents, Arrearages of Rents, Annuities, and of and from all other Estates, Titles, Charges, Trusts, Troubles, encumbrances and Demands whatsoever, had made, committed, done or suffered, or to be had, made, committed, done or suffered by the said H.P. party to these presents, or by any other person or persons whatsoever, the Rents and Services from thenceforth to grow due, and payable to the chief Lord or Lords of the Fee or Fees of the premises, in respect of his or their signory or countries excepted and soreprized: Provided always, and upon this Condition nevertheless, That if he the said H. P. Proviso. his Heirs, Executors, Administrators or Assigns, or any of them do and shall well and truly pay or cause to be paid unto the said J. S. his Executors, Administrators or Assigns, at or in the, &c. the full Sum of, &c. lawful Money, &c. upon the, &c. day of, &c. which shall or may be in the year, &c. 167, &c. without making or demanding any deduction or abatement, of or by reason of any Taxes, charges or payments issuing out of, or charged or imposed on the premises or any part or parcel thereof, or upon the said Sum of, &c. by any Act, Order or Ordinance of Parliament, made or to be made or otherwise howsoever, That then and from thenceforth this present Indenture, and every thing therein contained shall cease, determine and be utterly voided, any thing, therein contained to the contrary in any wise notwithstanding: Upon payment of the Sum in the Proviso, Lessee to ●edeliver such Writings, as he now receiveth. And that then also upon request, after such payment so had and made as aforesaid, he the said J. S. his Executors, Administrators and Assigns, shall and will deliver or cause to be delivered unto the said H. P. his Heirs or Assigns, or some or one of them, All such Writings concerning the premises, as the said J. S. hath now received, and which are mentioned in the Schedule hereunto annexed, in as good Case and Condition as they now are, Casualties by Fire and other inevitable Accidents only excepted, Together with that part of these presents which is under the Hand and Seal of the said H.P. to be canceled and made voided, he delivering unto the said J. S. his Executors or Assigns, the Counterpart of these presents, which is under the Hand of the said J. S. to be likewise canceled. And the said H. P. for himself, his Heirs, Covenant for payment, &c. Executors and Administrators, doth covenant, promise and grant to and with the said J. S. his Executors, Administrators and Assigns, by these presents, That he the said H. P. his Heirs, Executors, Administrators or Assigns, or some of them, shall and will well and truly pay or cause to be paid unto the said J. S. his Executors, Administrators or Assigns, the said Sum of, &c. and every part thereof, on the day and at the place, and in such manner and form as the same is herein before limited and appointed to be paid, according to the true meaning of these presents; And that he the said H. P. That Grantor after default shall make further Assurance. his Heirs, Executors, Administrators and Assigns, and all and every other person and persons, lawfully having or claiming, or which shall or may lawfully have or claim any Estate, Title or Interest in Possession or Reversion, in or to the said, &c. and premises, or any part or parcel thereof, shall and will from time to time, and at all times from and after default shall happen to be made of or in payment of the said Sum, &c. or any part thereof, contrary to the true meaning of the Proviso or Condition thererein before-mentioned, at the request, costs and charges of the said J.S. his Executors, Administrators and Assigns, do, make, perform, levy, execute and suffer, or cause and procure to be made, done, performed, levied, executed and suffered, all and every such other and further Act and Acts, Devices, Conveyances and Assurances in the Law whatsoever, for the further, better, more perfect and absolute granting, confirming and assuring of the said, &c. and premises, and every part and parcel thereof, with the appurtenances, unto the said J. S. his Executors, Administrators and Assigns, for and during all the rest and residue which shall be then to come and unexpired of the said Term of 500 years herein before-mentioned, as by the said J. S. his Executors, Administrators and Assigns, or his or their Counsel learned in the Law, shall be reasonably advised, devised or required. And lastly, Lessor to enjoy till default of payment. It is agreed between the said parties to these presents, That it shall and may be lawful to and for the said H. P. his Heirs and Assigns, to receive and take the Rents, Issues and Profits of all and singular the premises, and of every part and parcel thereof, to his and their own proper use and uses, until default shall happen to be made of or in payment of the said Sum of, &c. or some or any part thereof, contrary to the true meaning of these presents, without any Ejectment, trouble or interruption, of or by the said J. S. his Executors, Administrators or Assigns, or any of them. In witness, &c. A Mortgage by Demise and Redimise. The Demise. By Sir J.M. THis Indenture, &c. Between E. M. of the one part, and J. S. of the other part, Witnesseth, That the said E.M. for and in Consideration Consideration. of the Sum of, &c. of lawful Money of England, to the said E. M. in hand paid by the said J. S. at or before the ensealing and delivery of these presents, the receipt whereof she doth hereby aclowledge, and thereof and of every part thereof, doth acquit, exonerate and discharge the said J. S. his Executors, &c. for ever by these presents, Hath granted, bargained, sold, demised and to Farm-letten, and by these presents doth grant, Grant. bargain, sell, demise and to Farm-let unto the said J.S. his Executors, Administrators and Assigns, all, &c. and all yearly and other Rents, Issues and Profits reserved, due and payable, arising, coming or renewing of, from or out of the said hereby demised premises or any part thereof, and all the Estate, Right, Title, Interest, Property, Claim and Demand of her the said E. M. of, in and to the same, and every part and parcel thereof, and the Reversion and Reversions, Remainder and Remainders of all and singular the said premises, and of every part thereof, with their appurtenances, Habendum. To Have and to Hold the said, &c. unto the said J.S. his Executors, Administrators and Assigns, from the day of the date of these presents, for, during and unto the full end and Term of 100 years from thence next ensuing, and fully to be complete and ended, without impeachment, and dispunishable of or for any manner of Waste; Yielding and paying therefore yearly, Reddendum. and every year during the said Term, unto the said E. M. her Executors, Administrators or Assigns, the Rent of one Pepper-corn at the Feast of, &c. if the same be lawfully and personally demanded, and no more. And the said E. M. for her self, her Heirs, Executors, Administrators and Assigns, doth covenant, promise and grant, Covenant, That Grantor is seized, &c. to and with the said J. S. his Executors, Administrators and Assigns, and to and with every of them by these presents, in manner and form following;( That is to say,) That the said E. M. is and standeth lawfully interested and possessed of and in all the said premises, and of every part and parcel thereof, for a longer time and Term than the Term of, &c. years hereby granted, and that the said premises now are of the clear yearly value of, &c. per Annum, premises of what value over and above all Charges and Reprizes to be paid or issuing out of the same, and so shall continue after Forfeiture or other breach of any the Covenants and Agreements herein contained, and be during the said Term of, &c. years, of the full and clear yearly value of, &c. per Ann. as aforesaid. And that the said E.M. hath in her self full power, good right and lawful authority, to grant, bargain, sell, demise and to Farm-let all and singular the said premises, unto the said J. S. his Executors, Administrators and Assigns, for and during all the said Term of, &c. years, in manner and form aforesaid, And that he the said J.S. his Executors, Administrators and Assigns, shall and may from time to time, and at all times from henceforth lawfully, peaceably and quietly have, hold, Covenant for quiet Enjoyment. use, occupy, possess and enjoy all and singular the premises before in and by these presents granted, &c. and every of them, and every part and parcel of them, with their and every of their appurtenances, for and during all the said Term of, &c. years, without any the lawful let, svit, trouble, interruption, claim or demand whatsoever, of or by the said E.M. her Executors Administrators or Assigns, or any of them, or of or by any other person or persons whatsoever; and that free and clear, and freely and clearly acquitted, Free from encumbrances. exonerated and discharged of and from all and all manner of former and other Gifts, Grants, Bargains, Sales, Leases, Uses, Trusts, Wills, Entails, jointures, Dowers, right and title of Dower, Judgments, Statutes, Extents, recognisances, Executions, and of and from all other Titles, Troubles, Estates, Trusts, Claims, encumbrances and Demands whatsoever, had made, committed, done or suffered, or to be had made, done or suffered by her the said E. M. her Heirs or Assigns, or by any other person or persons whatsoever. And further, That the said E. M. Covenant for further Assurance. her Heirs, Executors and Administrators, and all and every other person or persons whatsoever, lawfully claiming any Estate, Term or Interest, out of or to the said premises, or any part thereof, shall and will from time to time, and at all times from henceforth, at and upon the reasonable request, costs and charges of the said J. S. his Executors, Administrators or Assigns, make, do and execute, or cause or procure to be made, done and executed, all and every such further and other lawful and reasonable Act and Acts, devices, Conveyances and Assurances in the Law whatsoever, for the further, better and more absolute conveying, assuring and confirming of all and singular the said premises, and of every part thereof, unto the said J. S. his Executors, and Assigns, for and during all the rest and residue which shall be then to come and unexpired of the said Term of, &c. years, hereby granted in such manner and form, as by the said J. S. his Executors or Assigns, his or their council learned in the Law, shall be reasonably devised, advised and required. In witness, &c. The Re-demise. THis Indenture, &c. Between J. S. of the one part, and E.M. of the other part. Recital of the Demise. Whereas in and by one Indenture bearing date the day before the date of these presents, made between the said E. M. of the one part and the said J. S. of the other part; It is Witnessed, That for the Consideration therein mentioned the said E. M. did grant, &c. unto the said J. S. his Executors, Administrators and Assigns, all, &c. and every part, &c. with their, &c. To hold the same unto the said J. S. his Executors, &c. from the day of the date hereof until the full end and Term of 100 years from thence next ensuing and fully to be complete and ended, without impeachment and dispunishable of or for any manner of Waste, at and under the yearly Rent of one Pepper-corn thereupon reserved, as in and by the said recited Indenture of Lease, relation being thereunto had more fully and at large it may and doth appear. Now this Indenture witnesseth, That the said J. S. for and in Consideration Consideration. of the yearly Rents, Covenants and Agreements hereafter in these presents reserved, mentioned and contained on the part and behalf of the said E.M. her Executors and Assigns, to be done kept and performed, Grant. Hath leased, set and to Farm-letten, and by these presents, doth lease, set and to Farm-let unto the said E. M. her Executors, &c. all and singular, &c. in and by the said recited Indenture made to the said J. S. as aforesaid granted, &c. and every part, &c. with their appurtenances; Habendum. To Have and to Hold the said premises with, &c. unto the said E. M. her Executors, &c. from the day of the date hereof, unto the full end and Term of 99 Years and 11 Months, from thence next ensuing and fully to be complete and ended; Reddendum for part of the Term. Yielding and paying therefore yearly and every year, for and during the first Three years of the said 99 Years and 11 Months unto the said J.S. his Executors, &c. at or in ( such a place) the yearly Rent or Sum of, &c. at the Feast, &c. by even and equal portions, freed and discharged of and from all and all manner of charges or deductions, and without making any deduction, Without any defalcation for Taxes, &c. defalcation or abatement out of or from the same, or any part thereof, of, for or in respect of any Taxes, Charges, Assessments, Issues, Impositions or Reprizes whatsoever, which shall or may at any time hereafter, during the said Term, be taxed, assessed, laid, charged or imposed upon the aforesaid premises, or any part thereof, or upon the Landlord or Landlords thereof or upon the said yearly Rent of, &c. or any part thereof, by any Act or Acts of Parliament or otherwise howsoever, the first quarterly payment thereof to be and to begin on, &c. Reddend' a Nomine poenae on the Saturday in every week, so long as it is arrear. And yielding and paying unto the said J.S. his Executors, &c. at the place of payment aforesaid, above and besides the said yearly Rent or Sum of, &c. before hereby reserved, the weekly Sum or payment of, &c. of lawful Money of England, in the name of a pain or Penalty the Saturday in every Week weekly, and so proportionable after that rate for a lesser time than a Week, from time to time, for and during so long time as the said Annual Rent or Sum of, &c. or any part thereof, shall be behind and unpaid or in arrear, above the space of 21 days next ensuing the said Feast day or Days of payment afore-mentioned, for the reservation thereof: And also yielding and paying therefore, Reddend' pro resid' Termini a Pepper-corn. during all the rest, residue and remainder of the said Term only one Pepper-corn yearly, at the Feast, &c. if the same shall be personally demanded. And the said E. M. for her self, her Heirs, &c. and for every of them, doth covenant, promise and grant, to and with the said J.S. his Executors, &c. and to and with every of them by these presents in manner and form following;( That is to say,) That she the said E. M. her Heirs, &c. Covenant for payment of the Rent and Nomine poenae. or some or one of them shall and will from time to time well and truly pay or cause to be paid unto the said J. S. his Executors, &c. at the place of payment herein before appointed, the said yearly Rent or Sum of, &c of lawful Money of England, in manner and form and on the several days and times aforesaid, according to the true intent and meaning of the reservation thereof, together also with the said Weekly pain or Specialty, if any shall happen to be due, from time to time as they shall become due and payable, without making any deduction, defalcation or abatement as aforesaid. Provided always and upon this Condition, Clause of re-entry for Nonpayment of Rent. That if it shall happen the said yearly Rent or Sum of, &c. or any part thereof, to be behind and unpaid, in part or in all, by the space of 21 days next over and after any of the said Feasts or days of payment thereof, as aforesaid, without any demand or request thereof, by the said J.S. his Executors, Administrators and Assigns, That then and from thenceforth it shall and may be lawful to and for the said J. S. his Executors, Administrators and Assigns, or any of them, into the said demised premises, and into every or any part thereof, in the Name of the whole, wholly to re-enter and the same to have again, repossess and enjoy as in his or their first or former Estate, any thing in these presents contained to the contrary thereof in any wise notwithstanding. Lastly, Covenant, That if Lessee pay the Rent the first Three years reserved, that Lessor will surrender. The said J.S. for himself, his Executors, Administrators and Assigns, doth covenant, promise and grant to and with the said E. M. her Heirs, Executors, &c. and to and with every of them by these presents, That if the said E.M. his Heirs, &c. shall and do duly and truly pay or cause to be paid unto the said J.S. his Executors, &c. or some or one of them, the said yearly Rent or Sum of, &c. and the said Weekly Payments and Penalties, if any shall become due and payable, and every of them, and every part and parcel of them, for and during the said first Three years of the said Term hereby leased, according to the purport and true meaning of these presents, and the several Reservations thereof as aforesaid, That then the said J. S. his Executors, &c. at the end of the said first Three years of the Term hereby leased, or at any time after, upon the reasonable request and at the costs and charges of the said E. M. his Heirs, &c. shall and will release, surrender, convey and assign all his or their Term, Estate and Interest of and in the premises, and every part and parcel thereof, by force and virtue of the said recited Indenture of Lease made to him the said J. S. as aforesaid, unto the said E.M. his Heirs, Executors or Assigns, or to such other person and persons as she shall in that behalf direct, nominate and appoint, so as for the doing thereof the said J. S. his Executors or Assigns, be not compelled or compellable to travail further than the City of L. or N. or one of them, or above 10 Miles from the place of his then residence or abode, and that he be freed and discharged of and from all Charges and encumbrances whatsoever, to be then had, made or done by the said J. S. his Executors, Administrators or Assigns,( except only this present Lease) and also shall deliver unto the said E. M. his Heirs, &c. that part of the said recited Indenture, and of these presents, which are under the Hand and Seal of the said E. M. and all other Securities given by her or any other on her part and behalf, to be vacated and made voided, she the said E.M. her Heirs, &c. delivering also up at the same time to the said J. S. his Executors, &c. the parts of the said recited Indentures of Lease and of these presents, with one Indenture of Defezance of a Statute entred into by the said E.M. to the said J.S. for performance of Covenants within these presents, which are under the Hand and Seal of the said J.S. In witness, &c. Releases. A Release of a Proviso of Redemption in a Mortgage, to make the Estate absolute to the Mortgagee upon payment of a further Sum, &c. TO all Christian People to whom these presents shall come, C. B. and T. C. sand Greeting. Whereas by Indenture dated, &c. the said C. and T. did for the Consideration therein mentioned, alien, grant, release and confirm to W.C. of, &c.( in possession of the Mannor and Lands in the same Indenture mentioned, being by virtue of a Bargain and Sale thereof made, bearing date the day next before the date of the said recited Indenture and of the Statute for transferring Uses into possession) All, &c. and demise other Lands and Tenements in the said Indenture mentioned, as in and by the said Indenture, relation being thereunto had, it doth and may more plainly appear, in which said Indenture is contained one Proviso in these words following: ( Recite the Proviso verbatim) Now know ye, That the said C. and T. for and in Consideration of the further Sum of, &c. to them in hand paid by the said W. the receipt whereof the said C. and T. do hereby aclowledge, Have for them and their Heirs, remised, released and quit-claimed, and do by these presents remise, release and quit-claim to the said W. the said Proviso or Condition, and also all the Estate, Right, Title, Equity of Redemption, Claim and Demand whatsoever, of them the said C. and T. of, in and to the said Mannor, and all and singular other the Lands, Tenements and Hereditaments in the said Indenture mentioned. In witness, &c. A Release from the Father to his eldest Son of a power of making Leases, limited and reserved to the Father in a dead of Settlement, with a Bargain and Sale of the Lands for 31 years for security of the Release, upon Consideration, That the eldest Son joins with the Father in Sale of part of Lands which were settled on the Son in Reversion after the Father's death, as also that the Father with part of the Purchase-Money will discharge a Mortgage of other his Lands and Settle 'em upon his eldest Son, &c. THis Indenture Tripartite, &c. Between W.W. on the first part, F. P. the only Son of the said W. on the second part, and H. A. of, &c. and H. H. on the third part. Recital of joining in Sale. Whereas the said F. P. at and by the desire of the said W. hath joined, or is ready to join with him in the Sale of the Mannor of N. and K. with their and every of their appurtenances, in the County of D. the Reversion whereof, after the decease of the said W. was by good Conveyance in the Law, settled and assured unto the said F. P. and the Heirs of his Body, with several other Remainders over, as in and by the particular Settlements thereof made appeareth: And whereas also the Mannor and Hundred of B. with the Rights, Members and Appurtenances thereof, in the County of W. is amongst other things by Indenture dated the 20th day of April, in the, &c. year of our Lord, &c. and by Fine thereupon levied, conveyed and assured unto the use and behoof of the said W.W. for Term of his Life, without Impeachment of Waste, and after his decease to the use of the said F. P. Of power to make Leases. and the Heirs of his Body issuing, with other Remainders over, in and by which Indenture there is power reserved to the said W.W. at any time, during his Natural life, by any Writing or Writings to be by him sealed and subscribed in the presence of two or more Witnesses, to demise or grant unto any person or persons whatsoever, in possession only and not in reversion, all or any part of the said manors, Lands and Tenements in the said Indenture mentioned, to be assured for the Term or Terms, and under such yearly Rent as in and by the said Indenture is expressed. And whereas also all that foreste of P. in the County of S. with all the messages, Houses, Cottages, Orchards, Recital of the Mortgage. Gardens, Coppices, Woods, Underwoods, Soil, Ground and Hereditaments thereunto belonging, is by the said W. W. mortgage unto the said D.W. Gent. for the Sum of, &c. or thereabout, with the Interest to grow due for the same. Now therefore this Indenture witnesseth, That for and in Consideration that the said F.P. hath joined, and is ready to join with him the said W. W. in Sale of the said Mannor and Lands, and that the Moneys raised by the said Sale, have been and are to be received by the said W. W. and employed for and towards the payment and discharge of his own particular Debts; The Release of the power. And to the end that a competent satisfaction may be made unto the said F. P. for the Right and Estate by him sold and passed away as aforesaid, and for other good Considerations Consideration. him thereunto moving, he the said W.W. hath remised, released and quit-claimed, and by these presents doth remise, release and quit-claim unto the said F.P. and the Heirs of his Body, the said power and authority to demise or grant, under the old and ancient Rent for the Term and Terms in the said Indenture expressed. And this Indenture further witnesseth, That for the better barring and extinguishing of the said Power so to him limited by the said Indenture, as to the said Capital messsage or Farm, the Lands and Hereditaments reputed, taken or enjoyed as part or parcel thereof, and in Consideration of the Sum of 5 s. to him in hand paid by the said H. A. and H. H. before the sealing and delivery hereof, the receipt whereof he doth hereby aclowledge, He the said W. W. hath bargained and sold, and by these presents doth bargain and sell unto the said H. A. and H.H. the said Capital messsage or Farm, Lands, Bargain and Sale in Trust, for security of the Release. Tenements and Hereditaments before mentioned, being reputed taken or enjoyed as part or parcel of the same; And the Reversion and Reversions, Remainder and Remainders thereof, and all Rents reserved upon any Demise made of the same, Habendum. To Have and to Hold the said Capital messsage or Farm, Lands, Tenements and Hereditaments, with their and every of their appurtenances, unto the said H.A. and H.H. their Executors and Administrators, for and during the Term of 31 years from henceforth next ensuing, if he the said W. W. shall so long live, upon Trust notwithstanding that they shall at all times from henceforth stand possessed of and in the said Capital messsage or Farm, Lands and premises, in Trust only for the benefit of the said W. and his Assigns, and shall permit him and them to receive all the Rents, Issues and Profits of the same, but shall not join with him the said W. W. in renewing of Leases of the same, according to the said Power, upon the old Rent, in case the same shall fall in possession by the death of the present Tenant, or by any other determination of the Estates now in being of the said Farm or Lands, which are part or parcel of the same. And the said W. W. in further Consideration of the premises, for himself, his Heirs, Covenant for discharging the Mortgage. Executors and Administrators, doth covenant and grant to and with the said H. A. and H. H. their Executors and Administrators, by these presents, That he the said W. W. his Executors or Administrators, or some of them, shall and will well and truly satisfy and pay unto the said D. W. his Executors or Administrators, or some of them, the said Sum of, &c. with Interest for redemption of the Mortgage made of the said P. foreste, and the Lands to the same belonging or enjoyed therewith, at the day and place in the said dead of Mortgage specified, and shall and will well and sufficiently settle and convey the said foreste of P. For settling the premises on his Son. and the Lands therewith mortgage unto the use of him the said W. W. for Life, without impeachment of Waste, and after to the use of the said A.P. and the Heirs of his Body Issuing, and shall and will clear and discharge all Charges and encumbrances whatsoever, had, made or suffered by him the said W.W. or any other person in Trust for him, For doing further acts, for extinguishing power of making Leases. in and upon the said Lands. And further, the said W. W. for himself, his Heirs, Executors and Administrators, doth covenant and grant to and with the said H.A. and H.H. their Executors and Administrators by these presents, That he the said W.W. shall and will from time to time, and at all times hereafter, upon request of the said H.A. H. H. or F. P. or any of them, make, do or execute, or cause to be made, done or executed, all and every such other and further acts and acts, thing and things in the Law whatsoever, for the barring and extinguishing of his the said W. W's power of making Leases for Lives or Years of the said Farms or Lands, parcel of the said Mannor and Hundred of B. upon the old Rent, or for the settling and assuring of the said foreste of P. and other the said mortgage Lands, immediately after the decease of him the said W.W. on the said F.P. and the Heirs of his Body issuing discharged of the said Mortgage, and freed from all other encumbrances done or suffered by the said W. W. or any of his Trustees, as by the said H.A. H.H. and F.P. or any of them, their or any of their Counsel learned in the Law shall be reasonably devised, advised or required. And the said F.P. for himself, his Heirs, Executors and Administrators, Covenant, That the Son shall do any further act as to the Sale of the Lands. doth covenant and grant to and with the said W. W. his Executors and Administrators by these presents, That he the said F. P. shall and will from time to time, and at all times hereafter, upon request and at the charges in the Law of the said W. W. or his Assigns, of the said Mannor of N. B. or either of them, join with him the said W. W. in the suffering of such Recovery or Recoveries, or any other act or demise in Law whatsoever, for the selling away and barring of his the said F. P's Estate in the said manors, or either of them, for the benefit of the said W. W. as by him the said W. W. or his Assigns, or his or their Counsel learned in the Law, shall be reasonably advised or required, so as the said F. be not thereby compelled to give any Covenant or Warranty, but only against his own Acts. In witness, &c. A Release of Errors in two Judgments, in Ejectment. KNow all Men by these presents, That I Sir J. P. of, &c. for divers good Causes and Considerations me thereunto moving, Have remised, released, and for me, my Heirs, Executors and Administrators, for ever quit-claimed, and by these presents do remise, release and for ever quit-claim unto A.E. and S.H. of, &c. their Heirs, Executors and Administrators, all and all manner of Action and Actions, and all and every Writ and Writs of Error and Errors, and also all manner of Errors whatsoever, which I the said Sir J.P. my Heirs, Executors or Administrators, might have and prosecute against the said A. E. and S. H. or either of them, their Heirs, Executors and Administrators upon two several Judgments in Ejectment, in Easter Term now last past, by him the said S. H. as Lessee of the said A. E. obtained against the said Sir J. P. in his Majesties Court of Kings-Bench at Westminster for several Lands and Tenements in S. in the County of W. and of and upon either of them, and also upon every other judgement and Judgments whatsoever by them the said A.E. and S. H. at any time before the day of the date hereof, sued, obtained, recovered or had against me the said Sir J. P. in the said Court, for any matter, cause or thing whatsoever. In witness, &c. A Release for Money acknowledged to be part of his Portion, according to the Custom of the City. Vide suprà. A Release in part of performance of an Award. KNow all Men, &c. That I W. W. of, &c. in part of performance of an Award Indented, bearing date, &c. made and given up by S.T. for and concerning some differences lately being or depending between J. S. of, &c. on the one part, and me the said W. W. on the other part; And according to the true intent and meaning of the said Award Indented, Have remised, released and quit-claimed, and by these presents do for me, mine Executors and Administrators, remise, release and quit-claim unto the said J.S. of, &c. his Executors and Administrators, all and all manner of Action and Actions, Cause and Causes of Action and Actions, Suits, Debts, Accounts, Reckonings, Forfeitures, Trespasses, Condemnations, Judgments, Executions, Claims and Demands whatsoever, &c. from the beginning of the World until the day of the date hereof. In witness, &c. A Release of a Copyhold Estate. TO all Christian People to whom these presents shall come, R.B. of L. in the County of S. Gent. and G.B. of L. aforesaid, Brother of the said R. B. sand Greeting. Whereas the said R. B. is or was seized for and during the Term of his Natural life, according to the Custom of the Mannor of S. O. in the said County of S. of and in one Copyhold messsage or Tenement, with the appurtenances in S. O. aforesaid, being parcel of the said Mannor, with the appurtenances, late in the tenor or occupation of J.B. deceased, and of and in several parcels of Land, Meadow and Pasture to the same belonging, or reputed part there: And whereas the said G. B. hath a Copyhold Estate for the Term of his life, in the said messsage and premises in Reversion after the death of the said R. B. as by the Court-Rolls of the said Mannor of S. O. appeareth. Now know you therefore, That the said R.B. and G.B. for and in pursuance of an Agreement heretofore made and concluded between the said R. B. and T. K. Esq; Lord of the said Mannor of S. O. for the said Copyhold Estates, and for and in Consideration of the Sum of, &c. of lawful Money of England, by him the said T.K. in hand paid to the said R. B. and G. B. or one of them, before the sealing and delivery hereof, the receipt whereof they do hereby aclowledge, and for other good Causes and Considerations them thereunto moving, have granted, yielded up, surrendered, remised, released and quit-claimed, and by these presents they the said R. B. and G. B. do, and either of them doth grant, yield up, surrender, remise, release and for ever quit-claim unto the said T. K. and unto F. C. of, &c. Gent. and to their Heirs, Executors and Administrators for ever, which said T. H. and F. C. are, or one of them now is Lord of the said Mannor of S. O. and are, or one of them now is in the actual possession of the said premises, their said several and respective Copyhold Estates in the said messsage, Lands and premises, and in any part or parcel of the same, and all their and either of Estate, as well Freehold as Copyhold, Right, Title, Interest, Possession, Claim and Demand whatsoever, either in Law or Equity, or according to the Custom of the said Mannor or otherwise howsoever; And the said R.B. and G. B. do for themselves, their Executors and Administrators, covenant and grant to and with the said T. K. and F. C. their Heirs, Executors and Administrators by these presents, That they the said R.B. and G.B. shall and will from time to time, and at all times hereafter, upon request and at the costs and charges in the Law of the said T.K. and F. C. or either of them, do and perfect, or cause to be done and perfected, all such lawful and reasonable acts and things in the Law whatsoever, for the surrendering, barring and extinguishing of their or either of their Right and Estate, as well Free as Customary, and all their or either of their claim or demand in or to the said messsage, or Tenement and premises, or any of them, as by them the said T. K. and F.C. or either of them, their or either of their Heirs or Assigns of the said Mannor, shall be reasonably advised or required. In Witness, &c. Revocations. A Revocation of Uses according to two several Provisoes. TO all Christian People to whom this present Writing shall come, M. T. Wife of J. T. &c. sendeth Greeting in our Lord God Everlasting. Whereas they the said J. and M. his Wife, in and by a certain Indenture bearing date the, &c. day of, &c. and made between the said J.T. and M. his Wife of the one part, and G.P. of, &c. and H.W. of, &c. of the other part, for the Causes and Considerations in the said Indenture expressed, They the said J.T. and M. his Wife for themselves and either of them, and for their and either of their Heirs, Executors, Administrators and Assigns, and every of them, did covenant, promise, grant and agree to and with them the said G. P. and H. W. and either of them, and their and either of their Heirs, Executors, Administrators and Assigns, and every of them by the said Indenture, That they the said J. T. and M. his Wife, should and would before the, &c. day of, &c. then next ensuing the date of the said Indenture, aclowledge and levy one or more Fine or Fines Sur Cognizance de droit come ceo queen ills on't de lour done, in due form of Law in his Majesties Court of Common-Pleas at Westminster, before His Majesties Justices there, with Proclamation or Proclamations thereupon to be had and pursued, according to the form of the Statute in that behalf made and provided according to the common and usual course of Fines in such cases used, unto them the said E.P. and H.W. and their Heirs, or to the Heirs of one of them, of all that messsage, &c. ( recite the Lands) prout, Together, &c. And the Reversion and Reversions, Remainder and Remainders of all and singular, &c. And also all the Estate, Right, Title, &c. by the Name or Names of, &c. or by any Name or Names, number or quantity of Acres whatsoever. The which Fine or Fines so as aforesaid, or in any other manner to be acknowledged, levied, executed or had, was covenanted, granted, concluded, condescended unto and fully agreed upon, by and between all and every the said parties to the said Indenture, for themselves and every of them, their and every of their several and respective Heirs and Assigns, and every of them by the said Indenture, should be and enure, and should be adjudged, deemed, esteemed and taken to be and enure to the only uses, intents and purposes in and by the said Indenture expressed, declared limited and appointed, and to none other use, intent or purpose whatsoever, ( viz.) To the use and behoof of them the said J. T. and M. his Wife, for and during the Term of their two Natural lives, and of the life of the longer liver of them, without impeachment of or for any manner of Waste; And from and after their deceases and the decease of the longer liver of them, then to the use and behoof of E.T. Natural Daughter of the said M. and of the Heirs and Assigns of the said E. for ever, as in and by the said Indenture, amongst divers Provisoes, Covenants, Grants and Agreements, and other things therein contained, more at large it doth and may appear:( In which said Indenture is contained two several Provisoes or Conditions in these words, or to this effect following; Provided always, &c. as in and by the said Indenture likewise it doth and may appear.) And whereas, according to the true meaning of the said Indenture, a Fine was levied in His Majesties Court of Common-Pleas at Westminster of the said messsage or Tenement, Yard-Land, and all and singular other the premises, with the Appurtenances, as by the said Fine remaining upon Record in the said Court more at large appeareth: And whereas also the time limited by the said recited Indenture, for the payment of the said Sum of, &c. is not yet come, nor is the same, or any part thereof, as yet paid. Now know ye therefore, That the said M. for divers good Causes and Considerations hereunto especially moving, according to the power and authority to her given by the said later recited Proviso or Condition, by this present dead or Writing by her sealed and delivered in the presence of the Witnesses, whose Names or Hands are written upon the Backside of these presents, as Witnesses hereunto, being all of them credible Men; Hath revoked, amnihilated and made voided, and by these presents doth revoke, frustrate, annihilate and make voided all the Uses and Estates limited or appointed in or by the said recited Indenture, which are to take effect from and after the decease of them the said J. T. and M. his Wife, and the decease of the Survivor of them. In witness, &c. Settlements. Settlements, vide jointures. A Settlement before Marriage, by a Woman and her intended Husband, of an Annuity, whereof the Woman was seized in Fee, to prevent her Husbands intermeddling, and that it may be at her sole disposal during Coverture. THis Indenture Tripartite, made, &c. Between R.S. of, &c. Executrix of the last Will and Testament of J. K. deceased, of the first part, E.F. J. H. and M. O. of the second part, and J.B. of the third part. Recital of the intended Marriage and Agreement. Whereas there is a Marriage intended by the Grace of God to be shortly had and solemnized between the said J. B. and R.S. And it is agreed between the said J. B. and R. S. That he the said J. B. shall only have and receive with the said R. S. the Sum of, &c. of lawful Money of England for her Marriage Portion, and that she the said R. S. is to dispose of all the residue of her Estate real and personal, which she hath in her own Right, or as Executrix to the said J. K. to such person and persons, and for such use and uses, and upon such Trusts and Trusts as to her the said R. S. shall seem fitting. Now this Indenture witnesseth, That in pursuance of the said Agreement, and in Consideration of the Sum or 10 s. of lawful Money of England, to her the said R.S. in hand paid by the said E.F. J.H. and M. O. at and before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and for divers other good Causes and Considerations her the said R. S. thereunto especially moving, she the said R.S. Hath( by and with the privity, knowledge, consent and agreement of him the said J. B. testified by his being made a party to, and Signing and Sealing of these presents) granted, released and confirmed, and by these presents doth grant, Grant. release and confirm unto the said E. F. J. H. and M. O.( in their actual possession now being, by virtue of a Bargain and Sale for one Month to them thereof made by the said R.S. by Indenture bearing date the day before the date hereof, and by force of the Statute for transferring of Uses into possession) and to their Heirs and Assigns for ever, All that Annuity or Rent-charge of, &c. of lawful Money of England, issuing and going out of all that, &c. and the Reversion and Reversions, Remainder and Remainders of the said Annuity or yearly Rent-charge of, &c. and every part thereof, and all the Estate, Right, Title, Interest, benefit of Distress, Entry, Claim and Demand whatsoever, of, in, unto or out of the said Annuity or yearly Rent-charge, or of, in or to any part thereof; To have, Habendum. hold, receive, perceive and take the said Annuity or yearly Rent-charge of, &c. and premises, and every part thereof, unto the said E.F. J.H. and M.O. their Heirs and Assigns, to the only proper use and behoof of them the said E.F. J.H. and M.O. their Heirs and Assigns for ever: Trusts declared. Upon Trust nevertheless, and to the intents and purposes herein after limited, expressed and declared;( That is to say,) Upon Trust and to the intent and purpose, That they the said E.F. J.H. Trustees to dispose as R S. shall appoint. and M.O. and the Survivors and Survivor of them, his Heirs and Heirs, shall dispose of the said Annuity or yearly Rent-charge of, &c. and every part thereof, and of all Covenants, Penalties and Advantages concerning the same, not unto him the said J.B. his Heirs, Executors, Administrators or Assigns, or any of them, or any other person or persons, for his or their use, or by his or their appointment, but unto the proper hands of the said R. S. or to such other person and persons only, and to such other uses, intents and purposes only, and in such other manner only as by any Writing or Writings to be subscribed by the said R. S. with her own hand, in the presence of two or more credible Witnesses, or by her last Will and Testament in Writing testified as aforesaid, whether she shall be then sole or married, shall be from time to time declared, limited and appointed, and shall not dispose, employ or pay the same to any other person or persons, or to any other uses, or in any other manner, or by any other direction or appointment whatsoever. Until appointment, to keep the premises in their hands. And from time to time, and at all times, until such appointment made and subscribed as aforesaid, they the said E. F. J. H. and M.O. and the Survivors and Survivor of them, his Heirs and Assigns, shall or may retain and keep in their or his hands and custody all the said Annuity or Rent-charge of, &c. and every part and parcel thereof, whereof no such appointment shall be made and continue in force as aforesaid. Proviso, to dispose to such of the Children of R.S. by J.B. as R.S. shall appoint, and for want of such Issue, then to such other persons as R. S. shall appoint, and for want of such appointment to the right heirs of R. S. Provided always, and upon this further Trust and Confidence, and with this limitation, That they the said E. F. J. H. and M. O. and the Survivors and Survivor of them and his Heirs, shall and will at any time or times hereafter, upon request of the said R. S. as well being married as sole, signified under Hand and Seal in Writing, grant, convey release and dispose of the said Annuity or yearly Rent-charge and premises, and every or any part thereof, unto such Child or Children of the said R. S. by the said J. B. and for such Estate and Estates as she the said R. S. whether she shall be then sole or married, by such Writing as aforesaid, shall direct or appoint. And in default of such Issue, then to such other person or persons, and his or their Heirs in Fee, or for such Term or Terms, time and times only, and under such Trusts, Intents and Agreements only, as she the said R. S. shall nominate, assign and appoint by Writing as aforesaid, when and as often as she shall require the same. And in default of such limitation, direction and appointment of the said R. S. to the right Heirs of the said R. S. And the said J. B. for himself, his Heirs, Executors and Administrators, doth covenant, promise and agree to and with the said E.F. G.H. and M.O. their Heirs and Assigns, in manner and form following;( That is to say) That she the said R.S. Covenant, That R.S. may dispose, and Trustees execute Trust accordingly. shall and may at all times hereafter, as well during the said intended Coverture, as if she was sole at her will and pleasure, according to the Agreement and Trust aforesaid, make any disposal or appointment of the said Annuity or yearly Rent of, &c. and premises, or of any part or parcel thereof, by any Writing under her Hand and Seal executed as aforesaid, and do all and every act and acts, concerning the premises as fully and effectually, being under Coverture, as if she was sole and unmarried. And that they the said E. F. J. H. and M. O. the Survivors and Survivor of them, his Heirs and Assigns, shall and may execute and perform the Trusts accordingly, without the svit, trouble or interruption of him the said J. B. his Heirs, Executors and Administrators, or any of them. Provided always, and it is declared by and between all the said parties to these presents, That they the said E.F. J.H. and M.O. the Survivors and Survivor of them, his Heirs and Assigns, shall be only charged and chargeable with, Trustees to be charged with no more than they actually receive, and to deduct Charges. and accountable for such Moneys as they shall respectively actually receive, by, for or out of the premises, and with no more, nor the one for the other, or with or for the Receipts or disbursements one of the other; And that they and every of them shall and may be saved harmless, and deduct to themselves, by and out of the premises, of and for all such Costs and Charges, Damages and expenses, as they or any of them shall bear, sustain, expend or be put unto, for or by reason of the premises, or of the Trusts thereof herein before declared or the execution or management thereof, or any ways touching or concerning the same. And the said J. B. That Trustees shall quietly receive upon the Trusts, &c. for himself, his Heirs, Executors and Administrators, doth covenant, promise and agree to and with the said E. F. J. H. and M. O. their Heirs and Assigns, That it shall and may be lawful to and for the said E.F. J.H. and M.O. the Survivors and Survivor of them, his Heirs and Assigns, from time to time and all times, upon the Trusts and to the intents and purposes herein before declared, peaceably and quietly to have, hold, enjoy, receive, perceive and take the said Annuity or yearly Rent-charge, and the benefit and advantage of the same, without the lawful let, svit, trouble, molestation, denial, contradiction or disturbance of him the said J. B. his Heirs or Assigns, or any of them, or any other person or persons lawfully claiming or to claim, by, from or under him, them or any of them. And further, That he the said J.B. and his Heirs, J.B. to do any act to enable R.S. to make appointments. shall and will from time to time, and at all times hereafter, upon the reasonable Request, and at the Costs and Charges in the Law, of the said E. F. J. H. and M. O. their Heirs and Assigns, make, do and execute, or cause or procure to be made, done or executed, all and every such further, other and reasonable act and acts for the executing, perfecting and performing the Trusts, intents and purposes aforesaid, and to enable her the said R.S. notwithstanding the said intended Marriage, to declare, limit, dispose and appoint the said Annuity or yearly Rent of, &c. and every or any part thereof, and the benefit and advantage thereof, as well during the said intended Coverture as before, according to the true intent and meaning of these presents and of the Trusts herein before declared concerning the same. Provided nevertheless, that it shall and may be lawful to and for the said R. S. Power of Revocation of any Uses or Estates to be hereafter appointed. at any time or times hereafter during her Natural life, by and with the consent of the said E.F. J.H. and M. O. the Survivors and Survivor of them, and the Heirs of the Survivor of them, by any dead or Deeds under her Hand and Seal, executed and testified in the presence of two or more credible Witnesses, or by her last Will or Testament in Writing executed and testified as aforesaid, to revoke, alter change, determine or make voided, in the whole or in part, all or any the Estates, Uses, Trusts and Appointments which she the said R. S. shall at any time hereafter make, declare and appoint by virtue of these presents, and of the Power herein before-mentioned; And by the same Writing or Writings, or by any new or other Writing or Writings executed and testified as aforesaid, to limit, appoint and declare any new or other Use or Uses of the said premises, or such part thereof as shall be so revoked. And that then, from and after any such Alteration, Change or Revocation so made, all or such of the said Estates or Trusts as shall be so revoked, altered, changed, determined and made voided as aforesaid; As to so much for and concerning which, Aster any Revocation such part as shall be revoked to cease, and the Trustees to stand seized thereof, according to any new Declaration. such Revocation, Alteration, Change or Determination shall be made, shall cease, determine and be voided: And that then immediately after any new Uses or Estates, so to be limited as aforesaid, of the said Annuity or yearly Rent-charge, or any part thereof, they the said E. F. J.H. and M.O. the Survivors and Survivor of them, and the Heirs of the Survivor of them, shall stand and be seized of the said Annuity or yearly Rent-charge, or such part thereof, to such and the same uses which shall be so limited and appointed by the said R. S. by any such Writing as aforesaid; Any thing herein before contained to the contrary thereof in any wise notwithstanding. In witness, &c. A Settlement upon Marriage, with divers Powers and Restrictions. THis Indenture Quinquepartite, made, &c. Between the Right Honourable Sir C.M. &c. the Honourable R. M. &c. and Sir R. B. of, &c. on the first part; the Right Honourable W. P. and the Honourable M. H. &c. on the second part; and the Right Honourable H. marquis of, &c. the Right Honourable Lord H. Baron of, &c. R.L. of, &c. R. W. of, &c. and W.B. of, &c. on the third part; W.J. of, &c. on the fourth part, and R. M. of, &c. on the fifth part, Witnesseth, That for and in Consideration of a Marriage intended, by the grace and permission of Almighty God shortly to be had and solemnized, between the said R.M. and the said M.H. and for and in Consideration of the Sum of, &c. unto him the said Lord Viscount M. in hand paid and secured to be paid by the said W. Lord P. as the Marriage Portion for the said M. H. The Consideration Money being the Marriage Portion. the receipt whereof he doth hereby aclowledge, &c. And for the settling of a Competent provision and allowance for the present maintenance of the said R. M. and M. H. for their livelihood and support, after the said Marriage shall be perfected, and the provision of a jointure for the said M.H. in case she shall happen to survive the said R.M. the same to be in full bar and recompense of her Dower or Thirds at Common Law, and for the settling and assuring of the, &c. hereafter mentioned to the several Uses, and upon the Trusts, and under the Provisoes and Agreements hereafter contained. It is covenanted, concluded and fully agreed by and between the said Parties, A Covenant to suffer a Recovery. and the said C. Viscount M. and R. M. do, and either of them doth covenant, conclude and agree to and with the said W. Lord P. his Executors and Administrators by these presents, That they the said C. Viscount M. and R.M. shall and will before the Feast of, &c. next ensuing after the date of these presents, permit and suffer one or more good and perfect Common Recovery or Recoveries with triple vourcher, to be sued forth and suffered of the manors, &c. hereafter mentioned, at the equal Costs and Charges in the Law of the said Lord Viscount M. and Lord P. and that for the better performance thereof, and in order thereunto it shall and may be lawful to and for W. J. and T.H. to sue forth and prosecute one or more Writs of Entry Sur disseisin en le Post, returnable before the Justices in the County Palatine, by which Writ or Writs the said W. J. and T. H. shall demand against the said W.F. &c. who are Tenants to the Free-hold of the manors, &c. hereafter mentioned, by virtue of a Bargain and Sale made by the said C. Lord M. R. M. and Sir R. B. by Indenture bearing date with these presents, and intended to be Enrolled in the said County Palatine, all those, &c. And also all Rents and yearly Profits, Reservations and Services, reserved or payable in, by or upon any Lease or Leases, Grant or Grants, had, made or granted, or mentioned to be had made or granted of the premises, by such apt and convenient names, descriptions and numbers of Acres as in that behalf shall be agreed upon, according to the usual course of Common Recoveries of Lands in such cases used, in which the said N.F. and, &c. shall appear in person and vouch to Warranty the said C. Lord Viscount M. who shall also appear in person and shall vouch over the said R.M. who shall likewise appear in person and shall vouch over the Common Vouchee, who shall appear and enter into the Warranty and Imparl, and after depart in contempt of the Court, whereby a good and perfect Common Recovery with triple vourcher thereupon may be had and executed in and upon the said Writ in all things, according to the usual course of Common Recoveries in such cases used to be had, suffered and executed of the premises, and every or any of them, by and between the said parties or any of them, shall be and enure, and shall be adjudged, deemed and construed and taken to be and enure unto the several and respective Uses, and upon the Trusts and under the Provisoes and Agreements hereafter declared;( That is to say,) to the intent and purpose that he the said R. M. and his Assigns, shall and may immediately from and after the solemnization of the said Marriage, to have and receive out of the said Mannor, &c. and premises, the yearly Rent of, &c. for and during the joint Lives of the said C. Lord Viscount M. and R. M. the same to be paid at the four usual Feasts or days of payment in the year;( that is to say,) the Feast of, &c. by equal portions, without defalcation or abatement for Taxes, or for any other cause or thing whatsoever, the first payment to begin and be made on the, &c. next ensuing after the date of these presents. A power to make Distress. And to the further intent and purpose, that when and as often as the said Rents, or any of them, shall be behind or unpaid at the several days and times whereon the same or any of them are limited and appointed to be paid as aforesaid, that then and so often it shall and may be lawful to and for the said respective persons to whom the said Rents are respectively appointed and limited as aforesaid, and to and for their respective Assigns, into or upon the premises, or any of them, or upon any part or parcel of them, to enter and distrain, and the Distress and Distresses then, and there found, to led, drive away and impound and in pound to detain and keep until they, every or any of them shall be respectively satisfied the said respective Rents and the arrearages of the same respectively to be due, together with the Costs and Damages to be sustrained by them or any of them. A power to make Leases. Provided always, and it is hereby declared and agreed by and between all the said parties to these presents, and the true intent and meaning of them and every of them, and of these presents is, That it shall and may be lawful to and for the said, &c. from time to time, during the Term of his Natural life, notwithstanding the said H. marquis, &c. L.H. &c. or any of them, their Executors or Assigns, shall be in possession by virtue of the Limitations in these presents, or that the said F. Countess, &c. or any other shall be in possession of the said Mannor, &c. or premises, to make any device or devices, Lease or Leases of all and every or any of the said messages, Lands, &c. and premises, heretofore usually letten to Tenants for Old Rents, and not occupied in demesn to any person or persons, for one, two or three Lives in possession, or for any number of years determinable upon one, two or three Life or Lives in possession, or for one or two Life or Lives, or for any number of years determinable upon one or two Life or Lives by way of future interest or expectance after any Estate or Lease for one Life, or determinable upon one Life then in being, or for one Life or any number of years determinable upon two Lives then in being, so as there be not at any time in possession and reversion, both Estates put together, any more than three Lives in being, or more than one and twenty years in possession; or if a greater number of years, that then the same be determinable upon two or three Lives at most, and so as in and upon all and every the same Leases, Demises and Limitations, the old and accustomend yearly Rents and Services or more be reserved, to be yearly paid during the same Terms, and shall and may continue due and payable during the several continuances of every of the said several Demises and Leases, unto every such person and persons respectively as for the time being, shall have the immediate Reversion, Remainder or Estate of and in the said premises so happening to be demised or leased, according to the true intent or meaning of these presents, and so as none of the said Demises or Leases so to be made as aforesaid, be made dispunishable of Waste, and that all such Demises or Leases as at any time or times after the suffering of the said Recovery or Recoveries shall happen to be made by the said C. Viscount M. as aforesaid, shall be good and chargeable in the Law to all intents, constructions and purposes, according to the tenor and effect of every of the same Demises or Leases, against all and every person and persons before in these presents mentioned, their Heirs, Executors, Administrators and Assigns, and every of them. And it is hereby further provided, agreed and declared, and the intent of all parties to these presents is, That every of the said Leases and Estates to be made by virtue of the said Powers before mentioned, or any of them, shall take effect and stand good, according as the same shall in priority of time be made, The Estates and Leases made according to the Powers, to take effect as the same shall be in priority. one before the other, by force of the Powers or Provisoes aforesaid, and also that all the several and respective Lessees, to whom any such Lease or Leases shall be so made, their Executors and Assigns shall have, hold and enjoy the several parcels to be so to them leased as aforesaid, during the continuance of their respective Interest and Estates, without being liable or subject unto any Distress, for or by reason of the Non-payment of any of the said several Rents-charge before limited, And not to be subject to any distress for the Rents hereby granted. granted and appointed, or to be hereafter limited, granted or appointed, by force and virtue of the Powers and Provisoes hereafter mentioned, or any of them, it being the true intent and meaning of these presents, that the said respective Leases shall not be subject unto any Distress, but only for the respective Rents and Services reserved upon the respective Leases and Estates. A Power to charge Lands with a Sum of Money after his death. Provided always, and it is hereby further decreed and declared by and between all the said parties, That it shall and may be lawful to and for the said C. Viscount M. at all times hereafter, during the Term of his Natural life, by any Writing or Writings, to be by him Sealed and Subscribed in the presence of two or more credible Witnesses, or by his last Will in writing, testified as aforesaid, to grant, limit and appoint one yearly Rent, not exceeding the Sum of, &c. to be yearly issuing out of and charged upon the premises, or any part or parcel of the same for any number of years, not exceeding the number of, &c. for raising of any Sum or Sums of Money, not exceeding the Sum of, &c. the said Rent not to commence or be payable until after the decease of the said C. Viscount M. and the said F. T. and the Survivor of them, the same to be paid at the four usual Feasts or days of payment before-mentioned, by equal portions, without any defalcation or abatement to be made out of the same, for Taxes or for any other cause or thing whatsoever, the first payment to begin and be made on such of the said Feasts as shall first happen, next after the decease of the said C. Viscount M. and F. T. and the Survivor of them. A Power to grant an Annuity for Daughters. Provided also, and it is hereby further agreed and declared by and between all the said parties, That in case the said R. M. shall happen to have Issue by the said M. his intended Wife, one or more Sons, and also one or more Daughter or Daughters, That then it shall and may be lawful to and for the said R.M. at any time during his Natural life, by any Writing or Writings to be by him Sealed and Subscribed in the presence of two or more Witnesses, or by his last Will and Testament in writing, testified as aforesaid, to grant one yearly Rent, not exceeding the Sum of, &c. to be yearly issuing out of and charged upon the said premises, or any part or parcel of them for any number of years, not exceeding the number of, &c. for raising of any Sum or Sums of Money for the Portions and Provisions of such Daughter or Daughters, the said yearly Rents to be payable immediately after the decease of the said C. Viscount M. and F. T. and the Survivor of them, the said yearly Rent to be paid, A power to give portions to younger Sons. as in the Proviso aforesaid. Provided also, and it is hereby further agreed and declared by and between all the said parties, that it shall and may be lawful to and for him the said R.M. in case he shall have Issue one or more younger Sons, by him begotten upon the Body of the said M. his intended Wife at any time during his Natural life, by any Writing and Writings to be by him sealed and subscribed in the presence of two or more Witnesses, or by his last Will and Testament in writing, testified as aforesaid, to grant, limit and appoint any yearly Rent or Rents unto such younger Son or Sons, for and during the Term of the respective life or lives of such Son or Sons, for his or their provision and maintenance, not exceeding the yearly Sum of, &c. to be limited for the provision and maintenance of any one of the said younger Sons, the said yearly Rents, not to commence and be payable till after the decease of the said, &c.( as in the Proviso aforesaid. A power to make distress for non-payment. ) And it is hereby farther agreed and declared, That when and as often as the said yearly Rents or any of them shall be behind and unpaid at any of the said several days and times whereon the same or any of them are limited and appointed to be paid as aforesaid, that then and so often it shall and may be lawful to and for the said several and respective persons to whom the said Rents are or shall be respectively limited or appointed as aforesaid, and to and for every of them, and to and for their respective Executors, Administrators or Assigns, into and upon the premises, or any of them, or upon any part or parcel of them, which is or shall be liable unto and charged with the payment of the same to enter, and the Distress and Distresses then and there found to led, drive away and impound, and impounded to detain and keep until they and every or any of them shall be respectively satisfied the said several and respective Rents, and the Arrearages of the same respectively due, together with the Costs and Damages to be sustained by them or any of them, by reason of the non-payment of the said respective Rents and Arrearages, or any of them. And it is hereby declared and agreed by and between all the said parties to these presents, That this Assurance and the Recovery or Recoveries to be suffered in pursuance of the same, shall not be construed to extend to prejudice the power limited and reserved unto the said C. Viscount M. The Powers limited to make Leases as usual, under the old yearly Rents, not to be prejudiced hereby; but all other former powers, except such as are herein limited to be barred and extinguished. for making Leases of such parts of the said premises as have been usually letten, rendering the old Rents, &c. but that all other Powers and Authorities in and by the said Indenture, or any other Indenture heretofore reserved unto the said, &c. or any other person in Trust for him to charge the said premises, with any Sum or Sums of Money for payment of Debts, for provision for younger Sons or Daughters, or for any other cause or thing whatsoever, excepting only such Powers as are to him limited and reserved by these presents, are and shall be by these presents, and the Recovery to be suffered in pursuance thereof absolutely barred, released and extinguished. In witness, &c. A dead of Exchange. THis Indenture made, &c. Between W. C. of, &c. of the one part, and N. C. of, &c. of the other part. Whereas according to the intent and agreement of certain Indentures Quinquepartite, Reference to an Agreement in an Indenture Quinquepartite. bearing date, &c. made between R. C. of, &c. and A. his Wife, of the first part; J. C. the younger, of, &c. Son and Heir of the said J.C. the elder, and S. Wife of the said J. C. the younger, of the second part; the said W. C. party to these presents, one of the Sons of the said J.C. the elder, and E. Wife of the said W.C. of the third part; the said N. C. party to these presents, another Son of the said J.C. the elder, of the fourth part; and W. S. of, &c. and T. C. of, &c. of the fifth part; and by virtue of the Fine mentioned therein and accordingly levied, the said W. C. is lawfully seized of and in all that messsage or Tenement situate, &c. And whereas the said N. C. according to the intent and agreement in the said Indenture Quinquepartite, and by virtue of the Fine aforesaid, is in like manner seized of one other messsage or Tenement, with the appurtenances, situate in, &c. as in and by the said Indenture, relation being thereto had, may at large appear. And whereas the said W.C. and N.C. are minded and willing to Exchange the said premises one for another;( That is to say,) The said N. to have the said premises that belong to the said W. and the said W. to have the said premises that belong to the said N. Now this Indenture therefore witnesseth, That the said W.C. in Consideration and in pursuance of the said Exchange, and for the Sum of, &c. of lawful Money of England, to him the said W. by the said N. paid, the receipt whereof he the said W. hereby acknowledgeth, and for other good Causes and Considerations, Hath exchanged, bargained, sold, aliened, transferred and confirmed, and by these presents doth exchange, grant, bargain, sell, alien, transfer and confirm unto the said N.C. his Heirs and Assigns, all that messsage or Tenement, &c. and the Reversion and Reversions, Remainder and Remainders thereof, with all the Right, Title and Interest of the said W.C. thereto, The first Habendum. To Have and to Hold the said messsage or Tenement, late in the tenor of, &c. and all other the premises thereto belonging, with the appurtenances, unto the said N. C. his Heirs and Assigns, to the only use of him the said N. his Heirs and Assigns, for ever. And the said N. C. in Consideration thereof, and for other good Causes and Considerations him thereunto moving, Hath exchanged, granted, bargained, sold, aliened, transferred and confirmed unto the said W. C. his Heirs and Assigns, all that messsage or Tenement, with the appurtenances of him the said N. late in the tenor or occupation of, &c. and the Reversion and Reversions, Remainder and Remainders thereof, and all the Right, Title and Interest of him the said N. thereto, The second Habendum. To have and to hold the said messsage, &c. and all other the premises of him the said N. C. with the appurtenances, unto the said W. C. his Heirs and Assigns, to the only use of him the said W. C. his Heirs and Assigns for ever. And the said W.C. for him, his Heirs, Executors, Administrators and Assigns, doth covenant and grant to and with the said N. C. his Heirs and Assigns, That he the said N. his Heirs and Assigns shall or may peaceably and quietly have, hold and for ever enjoy the said messsage and premises, Covenant for peaceable enjoyment. with the appurtenances to him the said N. bargained, exchanged and transferred as aforesaid, without the let, eviction or denial of the said W.C. his Heirs, Executors or Administrators, or any other person or persons lawfully claiming or to claim, from, by or under him or them; And that the said W. C. and his Heirs, and all person and persons lawfully claiming from, by or under him or them, Mutual Covenants for further Assurance. shall and will at the reasonable request and at the Costs and Charges of the said N. C. his Heirs and Assigns, at any time or times during the space of 5 years now next coming, make, do, aclowledge, execute and suffer, or cause or procure to be made, done, acknowledged, executed and suffered, such further and other reasonable act and acts, thing and things, for the further and better assuring and conveying of the premises hereby to him the said N. bargained as aforesaid, unto him the said N. his Heirs and Assigns, as he the said N. his Heirs and Assigns, or his or their Counsel learned in the Law shall reasonably require, to be and enure to the only use of him the said N. his Heirs and Assigns, and for or to no other use, intent or purpose whatsoever. And the said N.C. for him his Heirs, Executors, Administrators and Assigns, doth covenant and grant to and with the said W. C. his Heirs and Assigns, by these presents, That he the said W. C. his Heirs and Assigns, shall or may peaceably and quietly have, hold and for ever enjoy the said messsage and premises to him the said W. hereby bargained, exchanged and transferred as aforesaid, without the let, eviction or denial of him the said N.C. his Heirs, Executors, Administrators or Assigns, or any other person or persons lawfully claiming, or to claim, from, by or under him or them. And that the said W. C. and his Heirs, and all other person and persons, and their Heirs, lawfully claiming or to claim from, by or under him or them, shall and will, at the reasonable request, and at the Costs and Charges of the said W. C. his Heirs or Assigns, at any time or times during the said space of five years now next coming, make, do, aclowledge, execute and suffer, or cause to be made, done, acknowledged, executed and suffered such further and other reasonable acts and things, for the further and better assuring and conveying of the premises to him the said W. bargained and exchanged as aforesaid, unto him the said W.C. his Heirs and Assigns, as the said W. his Heirs or Assigns, or his or their Counsel Learned in the Law shall reasonably require to be and enure to the only use of him the said W.C. his Heirs and Assigns, and to or for none other use, intent, behoof or purpose whatsoever. In witness, &c. An Indenture of Covenants upon Marriage. THis Indenture Tripartite, made, &c. Between A.R. of, &c. of the first part, C.D. of, &c. of the second part, and E.F. of, &c. of the third part, Witnesseth, That whereas it is intended and meant, that a Marriage shall shortly hereafter( by Gods permission) be had and solemnized between the said C. D. and K. S. one of the Daughters of the said E. F. Now as well in Consideration Consideration. of the said Marriage to be had and solemnized between the said C. D. and K. S. as aforesaid, as of the Sum of 1000 l. of lawful Money of England, for the Marriage Portion of the said K. by the said E. F. to the said A. B. well and truly in hand paid, And for some competent provision and advancement to be had, assured and made, as well to and for the said C. D. and the said K. so intermarrying together for the jointure of the said K. as for the provision, preferment and livelihood of such Issue as shall be begotten between them the said C. D. and the said K. after their said Intermarriage. And for the further settling, estating and assuring of all and singular the messages, Lands, Tenements and Hereditaments herein mentioned, in such manner and form, and to such uses, intents, limitations, behoofs and purposes as herein after are expressed, limited and declared; It is hereby covenanted, granted, concluded, condescended unto and fully agreed upon, by and between all the said parties to these presents, and every of them in manner and form following. And the said A.B. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, for the Consideration aforesaid, doth hereby covenant, grant and agree to and with the said E.F. &c. and every of them, their and every of their Heirs, Executors and Administrators, That he the said A.B. Covenant to levy a Fine, or other Assurance. on or before, &c. next ensuing the date hereof, by one or more Fine or Fines to be duly passed and levied before the Justices of our Sovereign Lord the King, of his Highness Court of Common-Pleas at Westminster,( whereupon the Proclamations shall or may be had, according to the Laws and Statutes of this Realm of England in that behalf made and provided, Between the said E.F. Plaintiff and the said A.B. deforceant, or by such other lawful and reasonable Conveyance and Assurance, as by the said E.F. his Heirs and Assigns, or his or their council Learned in the Law shall be reasonably devised, advised and required,) shall and will sufficiently convey and assure, or cause to be sufficiently conveyed and assured unto the said E.F. &c. their Heirs and Assigns, all that Capital messsage or Tenements, &c. And all other the messages, Lands, Tenements, Meadows, Pastures, Grounds and Hereditaments whatsoever, with their appurtenances, of him the said A. B. within the Towns, Parishes, Fields or Hamlets of W.S. and E. and in every or any of them, or elsewhere in the County of K. by such convenient names, qualities and numbers of Acres as shall be thought fit in that behalf. And it is hereby also, for the Considerations aforesaid, fully and absolutely covenanted, granted, concluded and agreed by and between the said parties to these presents, That the said Fine and Fines, Recovery and Recoveries, Assurance and Assurances whatsoever, of, for, touching and concerning the said messages, Lands, Tenements, Hereditaments and premises, and every or any of them to be had, levied, suffered or executed by and between the said parties to these presents, or any of them, or their or any of their Heirs, and the full execution of them and every of them shall be and enure, And that the said Conuzees and their Heirs and Assigns shall thereof, and of every part and parcel of the said Lands and premises, stand and be seized to the uses, The Uses. behoofs, intents and purposes herein after limited, expressed and declared;( That is to say,) To the use, intent and behoof that the said C. D. and his Assigns, immediately from and after the said Inter,- marriage with the said K.S. shall and may have perceive, receive, take and enjoy to his and their own use and behoof, during the Life of the said A. B. A Rent-charge to the Husband during his Fathers life. one Annuity or yearly Rent-charge of 150 l. per Annum of lawful Money of England, to be issuing out of, in and upon all the said messages, Lands, Tenements, Hereditaments and premises before-mentioned in the Towns, Parishes, Fields and Hamblets of the said W. and S. aforesaid, in the said County of K. and out of and upon the said 40 Acres of Meadow in a Meadow aforesaid, now or late in the tenor of, &c. as aforesaid: To Have and to Hold the said Annuity or Annual Rent of 150 l. to him the said C.D. and his Assigns, for and during his Natural life( if he the said A. B. shall so long live) the same to be paid to him the said C.D. and his Assigns, Place of Payment. at the now dwelling-house of, &c. at the Feast of, &c. by equal portions. And if it shall happen the said Annual or yearly Rent of 150 l. to be behind and unpaid in part or in all, by the space of thirty days next over or after any of the said Feasts aforesaid, on which the same ought to be paid as aforesaid, That then it shall and may be lawful to and for the said C.D. and his Assigns, into the said premises, Distress for non-payment. so as aforesaid charged or chargeable to or for the payment of the said Rent or yearly Annuity as aforesaid, or any of them from time to time upon every such default or payment as aforesaid, to enter and distrain, and the Distress and Distresses then and there found and taken, to take, led, drive and carry away, and the same with him and them to compound, detain and keep, until he and they shall be of the said Annuity or Rent, and of the Arrearages thereof,( if any shall be) fully satisfied and paid. And also further, to the use and behoof, intent and purpose, That she the said K. so Intermarrying with the said C.D. shall and may from and immediately after the death of him the said C. D. and thenceforth during the life of him the said A.B. have, receive, perceive, take and enjoy to her and her Assigns, to her and their own use and behoof, Annuity for the Wife. for her then present livelihood and maintenance, one Annuity or yearly Rent-charge of 150 l. of like Money, to be issuing, due and payable out of, in and upon the said messsage, Lands, Tenements, Hereditaments and premises afore-mentioned in W. S. and E. aforesaid, so as aforesaid by these presents charged or chargeable with and for the payment of the said pre-mentioned Annuity or Rent-charge, unto and for the use and behoof of the said C.D. To Have and to Hold the said Annuity or Annual Rent-charge of 150 l. per Annum to the said K. and her Assigns, for and during her Natural life as aforesaid, if the said A.B. shall so long live and not otherwise, nor in any other manner, To be paid to the said K. and her Assigns, at the Feasts of, &c. by even and equal portions, at the place of payment afore-mentioned, the first payment thereof to begin and be made at such of the said Feasts as shall first and next happen immediately after the death of the said C. D. if the said A. B. shall be then living, and if it shall happen the said Annuity or yearly Rent to be behind and unpaid, in part or in all, Distress. by the space of 40 days next over or after any of the said Feast-days of payment thereof above-mentioned, on which as aforesaid the same is limited, appointed and agreed to be paid, That then the said A. B. his Executors and Assigns, shall and will forfeit and pay to the said K. and her Assigns the Sum of, &c. for every 40 days, Nomine poenae. by which the said Annuity shall be so unpaid as aforesaid; And that upon every such default of payment, as well of the said Annuity or actual Rent of the said Sum or Sums of Money so forfeitable, and to be from time to time forfeited as aforesaid, it shall and may be lawful to and for the said K. or her Assigns, into the said Lands and premises so charged as aforesaid, and into every or any part or parcel thereof, from time to time to enter and distrain, and the Distress and Distresses then and there found to take, led, drive and carry away, and the same with her and them to detain, impound and keep, until she and they, as well of the Rent-charge and of the Arrearages thereof, if any be, as of the Sum or Sums so to be forfeited Nomine poenae as aforesaid, shall be fully satisfied and paid. And for, touching and concerning the Freehold and Inheritance of all and singular the said messages, Settlement of the Freehold. Lands, Tenements, Hereditaments and premises, with their and every of their Rights, Members and Appurtenances in the said County of K. which are so charged with the Annuities as aforesaid, To the use and behoof of the said A.B. and his Assigns for and during his Natural life, and after his decease, then to the use and behoof of the said C. D. and his Assigns for and during his Natural life; and after his decease, then to the use and behoof of the said K. if she Intermarry with the said C. D. and of her Assigns for and during her Natural life; And after their said several deceases, then to the use and behoof of the first Son of the Body of the said C.D. and of the said K. between them to be begotten, and of the heirs Males of the Body of such first Son lawfully to be begotten; And for default of such Issue, then to the use and behoof of the second Son of the Bodies of the said C.D. and of the said K. between them to be begotten, and of the heirs Males of the Body of such second Son to be begotten; And for default of such Issue, then to the use and behoof of the third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleven and twelfth Son or Sons of the Bodies of the said C. D. and of the said K. between them lawfully to be begotten one after another successively and in order, as they shall be in Age and Seniority, and to the use of the Heirs of their several Bodies lawfully to be begotten respectively and successively in order and course of Inheritance, one succeeding another, in such manner and form as is of the said first and second Son aforesaid, first limited and appointed; And for default of such Issue Male, then to the use and behoof of the heirs Females of the Bodies of the said C. D. and of the said K. between them lawfully to be begotten; And for default of such Issue, then to the use and behoof of the Heirs of the Body of the said C. D. lawfully to be begotten; And for default of such Issue, then to the use and behoof of the right Heirs of the said A. B. the Elder for ever, and to or for none other use, intent, behoof or purpose whatsoever. And it is hereby fully and absolutely agreed upon, condescended unto, and declared by and between all the said parties to these presents, The Annuity and the Estate to b● for the jointure. That the said Annuity so granted to and for the behoof of the said K. as aforesaid: And the said Estate so made, passed, settled and assured for her use and behoof, out of, in and upon the said Lands, Tenements, Hereditaments and premises, in such sort and manner as in these presents afore-mentioned and agreed upon, are by the full agreement of all parties to these presents agreed and condescended unto, to be and to stand for the full jointure of the said K. and for and in full recompense, bar, discharge and satisfaction of and for all Dower and Thirds, which the said K. by and after her said Intermarriage with the said C. D. may or might after his decease, by the Laws of this Land, have, challenge or demand out of or upon any Lands, Tenements or Hereditaments whatsoever of him the said C. D. And for, touching and concerning all other the Freehold Lands, Tenements and Hereditaments of the said A. B. in the said Parishes of, Settlement of other Lands not chargeable with the Annuity. &c. and every of them not before charged with the said Annuity, nor conveyed or settled for the jointure of the said K. to the use and behoof of the said A. B. for and during his Natural life, dispunishable and without impeachment of or for any manner of Waste; and after his decease to the use and behoof of the said C. D. and of the heirs Males of his Body to be begotten; and for default of such Issue, then to the use and behoof of the said A.B. and of his Heirs for ever. And the said A.B. Father Covenants, That he is sole seized. for himself, his Heirs, Executors and Assigns, doth covenant, grant and agree to and with the said E. F. &c. their Heirs, Executors and Assigns, and every of them by these presents, That he the said A. B. at the day of the date of these presents, and at the time of the ensealing and delivery of the same, is and standeth lawfully and solely seized of and in all and singular the said messages, Lands, Tenements Hereditaments and premises of a good, sure, perfect and absolute Estate of Inheritance in Fee-simple, without any Condition or Limitation or power of Revocation, or other power to alter, change or determine the same; and so shall and will stand and thereof continue and be seized until the said Lands, Tenements, &c. with the appurtenances, be and shall be absolutely settled and assured as aforesaid, unto and in them the said E.F. &c. and their Heirs, to the uses and behoofs aforesaid, according to the true intent and meaning of these presents. And that all and singular the said messages, Covenant, That the premises shall be free from encumbrances. Lands, Tenements, Hereditaments and premises, with their appurtenances, shall and may from time to time, and at all times hereafter, remain, continue, enure and be to the said E.F. &c. and their Heirs and Assigns, to the uses, intents and limitations herein before expressed and declared, without the lawful disturbance or interruption of the said A.B. his Heirs or Assigns, or any other person or persons claiming, or which may claim any Estate or Interest therein or thereout, by, from or under him, them or any of them, or his, their or any of their Estate or Interest. And that the said A. B. and his Assigns, shall and will for and during his Natural life, well and sufficiently save and keep harmless and indemnified the said Lands and premises, so charged or liable for and with the said several Annuities of 150 l. and of and from one Annuity or Rent-charge of 24 l. per Annum, now or heretofore claimed out of the premises, by one T.G. Gent. and his Heirs. And the said C. D. doth for him, his Heirs, Executors and Administrators, covenant and grant to and with the said E.F. &c. their Heirs and Assigns, by these presents, That the said Lands and premises so charged with the said Annuities or yearly Rent of 150 l. to and for the behoof of the said K. as aforesaid, shall be after the decease of the said C. D. for and during the Natural life of the said K. if the said Marriage take effect, and she shall survive him, well and sufficiently saved and kept harmless, Covenant, to rarefy the premises from an Annuity of 24 l. and indemnified of and from the said Annuity or yearly Rent-charge of 24 l. now or heretofore claimed out of the premises by the said E.F. his Heirs or Assigns. And lastly, It is hereby covenanted, granted, concluded, declared and agreed by and between all the said parties to these presents, That the said Fine and Fines, and all and every further Assurance and Assurances so as aforesaid, or in any other manner or form to be hereafter had, made, acknowledged, suffered, levied, executed or done by and between the said parties to these presents, or any of them, their or any of their Heirs, Executors, Administrators or Assigns, or of the said Lands and premises, or any of them, shall be and enure, Enurement of all Assurances. and shall for ever after the Execution thereof be adjudged, deemed and taken to be and enure, as well to and for the settling and assuring of the said several mentioned Annuities, in and to the said C.D. and K.S. and their Assigns respectively, in such sort as is aforesaid, as to and for the establishment and settlement of all and every the aforesaid messages, Tenements and Hereditaments, unto the uses, intents and purposes as before in and by these presents are expressed, mentioned, limited and declared, and to and for none other use, intent or purpose whatsoever. Nevertheless, it is hereby agreed by and between all the said parties to these presents, and the said A. B. doth hereby, for him and his Assigns, covenant, grant and agree to and with the said E. F. &c. their Executors and Administrators by these presents, That they the said C.D. and K. S. after the end of 3 years next after their Intermarriage, shall or may, together with his, her and their Family, at their wills and pleasures thenceforth, Agreement, That the Son and Daughter to live in part of the Capital messsage. during the life of the said A.B. cohabit and live, and have their abiding and dwelling with the said A. B. in the said Capital messsage or House in W. aforesaid, in such fit and convenient Rooms as the said A.B. shall set out and appoint; And that in the mean time, during the pleasure of the said E. F. and of E. his Wife, the said C. D. and the said K. with their Children and two Servants, shall or may cohabit and live, and have their abiding and dwelling, and Diet with the said E. F. and at his Charges. In witness, &c. An Assignment of a Lease to Feoffees in Trust, upon a Marriage. Well drawn. THis Indenture Tripartite, made, &c. Between A. B. the elder, of, &c. of the first part, and C. D. the younger of the second part, and E. F. of the third part, Witnesseth, That whereas the late Reverend Father in God T. Archbishop of Canterbury, by his Indenture of Lease bearing date, &c. Recital of a Lease by the Archbishop, and confirmed by the Dean and Chapter. made between him the said Archbishop of the one part, and one H. C. of the other part, did demise and grant unto the said H. and his Assigns, all that the Scite of the late Monastery of W. in the County of K. and the Mannor of W. and E. and divers messages, Lands, Tenements, Parsonages, Tithes, Royalties, privileges and Hereditaments in the said County of K. as in and by the said Indenture of Lease( relation being thereunto had) may be more particularly expressed and set forth; To Have and to Hold to the said H.C. and his Assigns, for the Term of 99 years, from the Feast of, &c. then last past, before the date of the said Indenture of Lease, to be accounted at and under the yearly Rent of, &c. to the said Archbishop of Canterbury and his Successors, therefore reserved and payable, which Lease was duly Confirmed by the Dean and Chapter of Canterbury, as by the same Confirmation appeareth, the full, whole and entire Interest of which said Lease, and of the said manors, Lands and premises thereby demised, is sithence by sundry Means, Assurances and Conveyances in the Law, lawfully come unto and now absolutely vested and in possession of the said A. B. and of his Under-tenants, for and during all the residue of the years and Term pre-mentioned therein now to come as aforesaid. And whereas( by Gods permission) a Marriage is shortly to be had and solemnized between the said C.D. Consideration. and K.S. one of the Daughters of the said E.F. Now to the end, That the said Lease, manors, Lands and Leased premises, and the Rents, Benefits and Profits thereof may be hereafter disposed of, according to the Agreements and Trusts at this present, by and between the said parties to these presents agreed upon, and hereafter in and by these presents, according to their said Agreements more fully expressed; This Indenture further witnesseth, That the said A.B. for and upon the Confidence aforesaid, Hath granted, Grant and Assignment. assigned and set-over, and by these presents doth grant, assign and set-over unto the said E. F. and, &c. his Wife, their Executors and Assigns, all and singular the said Scite of the said late Monastery of W. and all the manors, messages, Lands, Tenements, Parsonages, Tithes, Hereditaments and premises whatsoever, so demised unto the said H. C. as is aforesaid, and granted or assigned to the said A. B. by any Conveyance or Assurance, and every part and parcel thereof, with their appurtenances, And all the Estate, Right, Title, Interest, Term of years to come, Claim and Demand whatsoever of him the said A. B. of, in and to the said premises and every part and parcel thereof, by force, virtue or means of the said recited Indenture of Lease, Habendum. and mean Assignments and Conveyances as aforesaid, or otherwise howsoever; To Have and to Hold the same unto the said E. F. and A. his Wife, their Executors and Assigns from henceforth, for and during all the rest and residue of the said Term of 99 years, by the said recited Indenture of Lease granted, yet to come and unexpired. Nevertheless, upon this special Trust and Confidence in them the said E.F. and A. his Wife reposed and hereby expressed, assented unto and declared;( That is to say,) That they the said E. F. and A. his Wife, Trust declared. and the Survivor or Survivors of them shall and will permit and suffer the said A.B. and his Assigns from henceforth from time to time during the said Term, or such part thereof as shall incur during his life, to hold and enjoy all the said manors, messages, Lands and premises, and to have, receive and dispose all and every the Rents, Issues and Profits of the same to his and their own profit and behoof absolutely, without account or other demand therefore: And upon this further Trust and Confidence, That if the said A.B. shall hereafter mary within the said Term of years yet to come of and in the premises, and shall afterwards depart this Life leaving his such Wife a Widow behind him, Of an Annuity in Trust for a jointure. That then they the said E. F. and A. his Wife, and the Survivors and Survivor of them; and the Executors, Administrators and Assigns of the Survivors and Survivor of them, after the death of the said A.B. out of the Rents, Issues and yearly Profits of the said Leased premises, shall and will well and truly satisfy and pay to such Wife as he the said A.B. shall leave behind him, the yearly Sum of 100 l. of lawful Money of England, at two Feasts, &c. within 30 days next after either of the said Feasts, by even and equal portions, for and during all such the then residue of the said Term as shall be unexpired and to come after the decease of the said A.B.( if such Wife so to be taken or married by the said A. B. shall so long live:) And upon this further Trust and Confidence, That if any default of the payment shall be made unto such Wife as the said A. B. shall leave behind him of the said 100 l. per Annum, or of any part thereof, contrary to the form aforesaid, That then the said E. F. and A. his Wife, and the Survivor and Survivors of them, shall and will permit and suffer such Wife so surviving the said A. B. In default of payment, to enjoy the Lands. or her Assigns, to hold and enjoy the said premises for and during so many years of the said Term as she shall survive all and every the several messages, Tenements, Lands, Meadows, Pastures and other things hereafter expressed;( That is to say,) All the messages, &c. and all and all manner of Tithes, coming, growing and arising within the Parishes of, &c. and elsewhere in the said Mannor or late Dissolved Monastery belonging, which last mentioned Tithes, Lands and premises, are parcels of the Mannor, messages, &c. before, in and by these presents assigned and set-over, and are valued at 100 l. per Annum, or thereabouts, the same to be so by her held and enjoyed, freely and clearly acquitted and discharged, or by them the said E. F. and A. his Wife, or some of them, their or some of their Assigns, saved, defended and kept harmless of and from the said yearly Rent of 100 l. reserved by the said Lease, of and from all other charges whatsoever: And that all the rest of the said Lands and premises, and the Rents, Revenues, Issues, Benefits and Profits whatsoever, or of what kind soever of the said Leased premises,( the just Rents, rakehells and Charges from time to time, to be issuing, due and payable for or out of the premises first deducted and allowed) shall as well after the decease of the said A.B. if he die unmarried during the said Term, as after the decease of such Wives as the said A. B. shall at his death leave behind him respectively, from time to time, be and wholly remain to and for the sole use, benefit and behoof of the said C. D. during all such part of the residue of the said Term as he shall live, after the decease of the said A. B. and of such his Wife respectively, if the said C. D. shall so long live: And after the decease of the said C. D. then for and during the then residue of the said Term, to the sole use, trust, Trust for the heir● Males. benefit and behoof the heirs Males of the Body of the said C. D. lawfully to be begotten: And if the said C. D. shall die without Issue Male of his Body lawfully begotten, That then the said E. F. and A. his Wife, and the Survivors and Survivor of them, and their Heirs and Assigns, shall and will after the several Deceases of the said A. B. and of such Wife as he shall mary and leave behind him respectively, for and during the then residue of the said Term, permit and suffer the Daughters of the said A. B. For the Daughters. by J. S. his first Wife and their Assigns, or such person or persons as the said A. B. in or by his last Will and Testament in Writing, or by any Writing to be testified by two sufficient Witnesses at the least, shall nominate, limit and appoint, To hold and enjoy the said messages, or Tenements and Farm of the Land and premises mentioned, to be in the Occupation of the said W. C. and all the Tithes aforesaid, which are in and by these presents set-out and appointed for such Wife as the said A. B. shall leave behind him, which are valued at 100 l. per Annum, as aforesaid, discharged and clearly saved harmless of the yearly Rent of 50 l. and all other Charges, as such Wife should have held the same, And shall further permit and suffer the Issues Female of the Body of the said C. D. And Issues Female. to hold and enjoy all the said residue of the said manors, Lands and Leased premises, and the Rents, Issues and Profits of the same, during all the then residue of the said Term. And the said A.B. for him, his Heirs, Executors and Administrators, doth covenant, grant and agree to and with the said E. F. Covenant to procure a new Lease. and A. his Wife, their Heirs, Executors and Assigns by these presents, That he the said A. B. his Heirs, Executors or Administrators, shall and will endeavour, at his and their own proper Costs and Charges, procure and obtain from such person or persons, in whom the Inheritance of the said Leased premises, shall then be lawfully vested and settled a new Lease good and sufficient in the Law, to be made and passed for such further and longer Term or increase of years or Lives as he conveniently can procure, of all and singular the said manors, Lands and premises so as aforesaid demised, or the said recited Indenture of Lease. Which said new Lease so to be obtained, shall be passed unto and in the Names of the said A.B. or of the said C.D. or of such other person or persons as the said A.B. shall nominate and appoint, at and under such Rents, Reservations, Provisoes and Covenants as can be in that behalf had and obtained: And it is hereby declared and agreed by and between all the said parties to these presents, The new Lease to be upon the same Trusts. That such new Lease and every other Estate, Leases and Estates which shall hereafter be so had, made, procured and obtained of the said manors, Lands, &c. or of any part or parcel thereof, for any longer or greater Term or Terms, Estate or Estates, and the Rents, Issues and Profits thereof from time to time accrueing, shall until some new Determination or Disposition of the Trust aforesaid by the parties respectively, according to the true intent and meaning of these presents, be had, received and taken, held and enjoyed, unto and by such person and persons, and to such use and uses, and upon such Trust and Confidence, and in such manner and form as before in and by these presents the same are respectively limited and declared to be had and received, held and enjoyed: And it is also hereby further covenanted; concluded and agreed by and between all the said parties to these presents, And the said A.B. for himself, his Heirs, Executors, Administrators and Assigns, doth hereby covenant and agree to and with the said E. F. and A. his Wife, their Executors and Assigns by these presents, That if the said A. B. shall hereafter, If the Mannor he purchased, then to such uses. at his own Charges, procure and obtain the said manors, Lands, and Leased premises, or any part or parcel thereof, to be granted, passed or conve●ed unto, or to the use of him or his Heirs in Fee-farm, at the yearly Rent now payable therefore at any other Rent yearly, That then within 3 Months next after reasonable Request to him therefore to be made by the said E.F. and A. his Wife, or any of them, or any of their Executors, Administrators or Assigns, he the said A. B. and his Heirs, shall and will at his and their own proper Costs and Charges, sufficiently convey and assure the said Mannor, Lands and premises, and every of them, with the appurtenances, to the use of him the said A. B. for and during the Term of his Natural life, dispunishable and without impeachment of Waste; And after his decease to the use of the said C. D. and of the heirs Males of his Body lawfully to be begotten, saving, reserving and assuring out of the same, unto the use of such Wife as he the said A.B. shall mary and leave behind him at the time of his decease, for and during her Natural life only, and no longer, the said messages, Farms and Tithes before-mentioned, to be of the value of, &c. which are before in and by these presents set-out and appointed for such Wife as aforesaid: And for want of such heirs Male of the Body of the said C. D. lawfully to be begotten, Then for, touching and concerning the said messages, Farms, Lands, &c. now in the tenor of, &c. And the said messsage, &c. in the occupation of, &c. in and by these presents assigned and set-over, valued together at, &c. per Annum, or thereabouts as aforesaid, To the use and behoof of the Issues Females of the Body of the said A.B. by the said S. his late Wife, and of their Heirs, or of such person or persons as the said A. B. in and by his last Will and Testament in Writing, or by any other Writing under his Hand and Seal, before sufficient Witnesses, shall nominate, limit and appoint. And for touching and concerning all and every the residue of the said manors, Lands and premises so to be purchased, To the use of the Issues Female of the said C. D. and of their Heirs for ever. Provided nevertheless, and it is hereby covenanted, granted and agreed by and between the said parties to these presents, That notwithstanding the Term and Interest so as aforesaid, Proviso, to limit by his Last Will. hereby granted and assigned of and in the premises, and notwithstanding any new Term or other Estate or Estates so of the said Mannor and premises, in Fee-farm or otherwise as aforesaid, to be procured, made and passed; It shall and may be lawful unto and for the said A.B. at all times, from time to time, as well during the continuance of the said pre-mentioned Lease now in being of the premises, as hereafter, whensoever and at whatsoever time the said A. B. shall procure any new Lease or Estate to him and his Assigns, or any other Estate to him and his Heirs in Fee-farm as aforesaid, To settle, convey and dispose unto and for the use, benefit and befoof of such person and persons, and in such manner and form as the said A.B. in or by his Last Will and Testamen in Writing, or by any other Writing to be by him Sealed and Subscribed before two sufficient Witnesses at the least shall limit or appoint, and unto their Heirs, Executors or Assigns respectively, according to the present Estate and Interest which shall then be in him the said A.B. or in the said persons pre-mentioned, now hereby trusted, or hereafter to be trusted in the premises aforesaid, all the Woods and Underwoods called M. Woods, R. P. Grove, and G. and the Lands and Soil of the same, containing together by estimation 100 Acres, &c. parcel of the said assigned premises, &c. and several other Lands, &c. which last mentioned premises Sir F.C. Knight and Baronet, and Dame A. his Wife, late Wife of, &c. deceased, now held for and during all the residue of the said Term of the said Lease, Except the last year thereof in the right of the said A. as part of her jointure, if the said Dame A. shall so long live: And the said C. D. for him, his Heirs, Executors and Assigns, doth hereby covenant, grant and agree to and with the said A.B. his Executors and Assigns, That if the said A.B. shall so Estate or procure the said Mannor, Lands, Tenements and premises, to be Estated and conveyed to the use of the said C.D. and the Heirs of his Body, in manner and form as aforesaid, That then he the said C. D. 500 l. to be paid, if the Fee be settled. within 6 Months next after the decease of the said A.B. shall and will well and truly satisfy and pay unto such person and persons as he the said A. B. shall in his last Will and Testament in Writing, or by any other Writing under his Hand and Seal, limit and appoint the full Sum of 500 l. of lawful Money of England; And the said A.B. doth hereby for him, his Heirs, Executors and Assigns, and for every of them, covenant, grant and agree to and with the said C. D. his Heirs, Executors and Assigns, That if the said A. B. survive Seven years next after the date hereof, and shall not in the mean time procure the said Estate of the said Mannor and premises to be so passed in Fee-farm as aforesaid, nor any longer or greater Term, of, into or out of the said Mannor and Demised premises, and settling and conveying the same to the uses before expressed and limited, If no new Lease be procured, or Fee-farm passed, then 500 l. to be left at his death in lieu thereof. That then the said A. B. shall and will at the time of his decease, freely give and leave unto the said C. D. his Executors or Assigns, for and towards his further advancement, the full Sum of 500 l. of lawful Money of England, or the full value thereof in good personal Estate: And the said E. F. and A. his Wife, for themselves severally, and for their several Executors, Administrators and Assigns, do hereby covenant, grant and agree to and with the said A. B. his Heirs, Executors and Administrators, That they the said E.F. and A. his Wife, or the Survivors or Survivor of them, his and her Executors and Assigns, shall and will at and upon the reasonable Request of the said A.B. his Executors or Assigns, at and from time to time, upon and after reasonable Request, Notice and Warning, lawfully surrender and yield up all their Term and Interest herein by these presents granted, of, in and unto the said Demised premises, Upon surrender of the old Lease and taking a new, Covenant to limit the new to and on the same Trust. To the intent and purpose, and upon this Special Trust and Confidence by and between all the said parties to these presents, reposed and hereby agreed upon, expressed and declared,( That is to say) That the said A. B. shall and will within 3 Months after such Surrender, procure, obtain and take a new Lease, Grant or Estate, good and sufficient in Law, as Counsel shall advice, according to the purposes and intents before expressed of the premises, at and under such Covenants, Reservations and Agreements as shall be obtained. And that the said A.B. his Executors or Assigns, shall and will within 60 days next after such new Estate or greater Term so procured, obtained and granted as aforesaid, of the premises, well and sufficiently re-grant, convey, assign and assure the said premises( so intended to be new Leased) to the said E.F. and, &c. or to the Survivors or Survivor of them, to and upon the like uses, limitations and trusts as are herein before-mentioned, limited and declared, and to or for none other use, behoof or trust whatsoever. And if the said A. B. shall depart this life before any surrender of the said Lease of the premises now in being shall be had or made; yet nevertheless to the intent and purpose, That as well the said recited Lease of the said demised premises may be surrendered in convenient time, and that a greater or longer Term or Estate of the premises may be had and procured, and that every other Lease or Estate which shall or ought, by the true intent and meaning of these presents, and of the parties hereto be in like manner hereafter procured and taken of the premises, shall and may in like sort be surrendered up again in convenient time anew, and greater and longer Terms or Estates to be made, granted and procured of the premises, according to the true intent and meaning of these presents; It is hereby agreed, condescended unto, and declared by and between all the said parties to these presents, that in case the said A. B. do or shall decease before any Surrender, or longer or greater Term or Estate of the premises be procured or made, That then the said E. F. and, &c. and the Survivors and Survivor of them, his and their Executors and Assigns,( if the said Marriage between the said C.D. and K.S. shall take effect) shall and will at all times after the decease of the said A.B. at the end of seven years now next coming, upon reasonable Request of the said C.D. or of such other person or persons, to or for whom the present use and benefit of the premises, according to the intent and limitations herein declared, shall then be, compound for, and take a new Lease or longer or greater Term, Estate or Estates of the premises, in the name of the said C. D. or of such other person or persons as the said C. D. shall therefore nominate and appoint, to the uses, trusts and purposes before limited and declared, at and under such reservations of Rents, Covenants and Agreements as shall be reasonably agreed upon with such person or persons as shall then be enabled to make the said new intended Lease: And that for and in Consideration thereof, and to enable him for the procuring and passing thereof, The charge of Renewing to be defalked out of the Profits. The said E. F. and, &c. their Executors and Assigns, shall and may satisfy and pay themselves, by way of defalcation and recompense out of the first Moneys, issues and Profits arising upon, or to be raised out of or by the said leased premises( all and every such necessary Charges and expenses for the Fine or Fines procuring, and passage of any such greater or longer Estate or Term of the premises, and for the Rents thereof and other duties belonging to the same premises, as they or any of them shall from time to time, or at any time, pay disburse, expend or be put unto, for the said procuring and passing the said Lease, or further Estate so to be procured by them as aforesaid, not charging the intended jointure or Estate hereby intended to or for the behoof of such Wife, as the said A.B. shall leave behind him, with any part of the said Money so to be disbursed or paid for or by reason of the premises. And the said A.B. for him, his Executors and Assigns, doth hereby covenant and agree to and with the said E. F. and, &c. their Executors and Assigns, That he the said A. B. his Executors and Assigns, shall and will for and during so much of the before-mentioned Term as he shall live, Covenant to pay the Rents reserved. pay and discharge all Rents, Reversions and other payments, of and for the premises reserved or payable, for, upon or by reason of the said Lease now in being, and thereof, and of and from all other Payments, Troubles, Charges and encumbrances, for, upon or concerning the said premises, or any Clause or Covenant concerning the same, or which shall happen or grow during the said Term, if he shall so long live, shall and will save, defend and keep harmless and indemnified( so much as in him lieth) the said E.F. and, &c. their Executors, Administrators and Assigns, and every of them. In witness, &c. Indentures of Covenants upon Marriage, and for securing Daughters Portions, left by the Will of their Father. THis Indenture Tripartite, made, &c. Between A. B. of, &c. of the first part, and C.D. of London, Widow, late the Wife, and now Executrix of the Last Will and Testament of A. D. late of London, Merchant deceased on the second part, and E.F. of, &c. parties and persons especially nominated and trusted by the said C. for and on the behalf as well of her self, as on the behalf of A.E. L.E. and K. Children of the said Knight deceased, and of the said C. party to these presents, on the third part, Witnesseth, That whereas in and by the Last will and Testament of the said A. the Father, there is given unto and amongst all the said Children, for their Legacies and Portions, the full Sum of, &c. ( viz.) To the said A. the Sum of, &c. and to the said E. &c. and to the said L. the Daughter, and K. &c. apiece, and to the said E. &c. only. And whereas the said C. the Mother being willing, that the Portion of the said E. should be equal with her said other Sister, hath in her pure Widowhood, out of her own Estate, given her said Daughter, with the consent of the said N. the Sum of, &c. And whereas there is a Marriage( by God's Grace) shortly to be had and solemnized between the said A. B. and the said C.D. parties to these presents, which if it shall take effect, the said A. B. shall thereby be entitled unto and may demand, as in her Right, all the personal Estate, Goods and Chattels of the said C. the Mother: And yet nevertheless it is truly meant and intended by all the said parties to these presents, That part of the Estate of the said C. the Mother, shall be disposed of to such persons, and in such sort as in and by these presents is hereafter particularly expressed. Now therefore this Indenture Witnesseth, That with the consent and full Agreement of the said A. as well the said Sums of, &c. as also the said, &c. more so given by the said C. the Mother, to her said Daughter E. as aforesaid, are before the ensealing and delivery hereof, delivered unto the said E. F. &c. by assignment of Debts mentioned in the first Schedule or Inventory indented, hereto annexed, To this intent and purpose, and upon this special Trust Trust. and Confidence in them and every of them reposed, That they or the Survivor of them, or the greater number of them, shall with all convenient speed, with the advice and consent of the said A. bestow and disburse the same, to and for the best benefit, profit and advantage of the said Five Children, or of the Survivors or Survivor of them, until such several times respectively as their several Legacies or Portions are to be paid unto every the said several Children, by the Last Will and Testament of their late deceased Father. And it is concluded and agreed by and between the said parties to these presents, That the benefit, profit and proceed of the said Portions over and above the said Principal of the said Sum of, &c. shall be from time to time, after receipt thereof, or of any part thereof, paid into the hands of the said A. B. To this intent and purpose, that out of the same the said A. having first allowed unto himself, and to his own use, for the Diet, Board, clothing, Teaching, Maintaining and Educating of so many of the said Children as shall be living during the first Five years now next ensuing the date hereof, the Sum of, &c. per Annum for every of the said Children. Maintenance Money. And the said first Five years are expired, the Sum of 20 l. per Annum for so many of them as shall from time to time be living, all the residue and remainder of the said benefit, profit and proceed, and every part thereof, shall be and remain in the hands of the said A. Overplus to be addition to the Portions. as Money to be added and put to the said Childrens Portions, and in such sort as the said E. F. &c. or the greater number of them shall think fittest to employ the same: And that in the mean time, for so long as the said residue and remainder of the said benefit and proceed shall remain in the hands of the said A. Father-in-Law to allow 6 l. per Cent. for what remains in his hands. He the said A. shall pay and allow unto the said Children, or to the Survivors or Survivor of them, after the rate of 6 per Cent. to every one of them, his and her rateable part thereof, according to the proportion of his, her and their part of and in the said Portions, which he the said A. doth for him, his Executors, Administrators and Assigns, covenant grant and by these presents, to and with the said E.F. and, &c. and every of them, their and every of their Executors and Assigns, by these presents, from time to time to pay and perform. And for, touching and concerning some part of the residue of the said Testator's Estate, The said A. B. doth hereby aclowledge, that with his consent and agreement the full Sum and Value of, &c. is before the ensealing hereof, delivered into the hands and possession of the said E. F. Money to be laid out in the purchase of Lands. and, &c. in Goods and by Assignment of Debts, specified in the second Schedule or Inventory indented hereunto likewise annexed, To the end, intent and purpose that the same shall be as speedily as may be laid out in the purchase of Lands, Tenements and Hereditaments, which shall be settled and conveyed to the use and behoof of the said A. and C. the Mother, for and during their Natural lives, and after both their Deceases, to the use and behoof of the Heirs of their two Bodies lawfully to be begotten; And for default of such Issue, to the use of the Heirs of the Body of the said C. the Mother lawfully begotten; and for default of such Issue, to the use of the right Heirs of the said C. the Mother for ever. And moreover it is further covenanted and agreed by and between all the parties to these presents, That if the Goods, wears and merchandises, mentioned and expressed in the second Schedule hereunto annexed, shall not upon Sale thereof amount unto the said Sum of, &c. That then the said A.B. his Executors or Assigns, shall and will within 30 days next after request therefore to be made, If the Goods fall short, the Father to make up. well and truly satisfy and pay unto the said E.F. and, &c. or some of them, their or some of their Executors or Assigns, to the uses aforesaid, so much lawful Money of England, as together with the Money for which the said Goods and merchandises shall be sold for, shall amount unto the Sum of, &c. of lawful Money of England. And it is absolutely agreed by and between all the said parties to these presents, for themselves, their Executors and Administrators, If the Goods come to more, the Father to have it. That if the Goods and merchandises in the said second Schedule hereunto annexed pre-mentioned, shall be sold for more than the Sum of, &c. of lawful Money of England, That then all such Overplus of Money as shall be so received and had for the same, over and above the said Sum of, &c. shall be paid and delivered unto the said A. B. his Executors or Assigns, within 30 days next after Request in that behalf to be made. And moreover the said A.B. for him, his Executors and Administrators, doth covenant, grant and agree to and with the said E. F. and, &c. their Executors and Administrators by these presents, That if the said A. shall die or decease out of this World and leave the said C. If the Father die before his Wife without Issue, then to leave her, &c. him surviving, having no Issue by her, Then the said A. B. shall and will by his Last Will and Testament, or some other good Conveyance and Assurance in the Law, give and leave her the said C. party to these presents, her Heirs and Assigns, as large and great Estate as he shall have and receive with her by means of her Intermarriage, Excepting the Sum of, &c. which is agreed to be laid out in Lands, Tenements and Hereditaments to the uses aforesaid, together with the full Third part of all the Estate, as well real as personal, of the said A. B. whereof he shall be seized at the time of his decease. And the said A. B. covenants and grants, for him, his Executors and Administrators, to and with the said E. F. and, &c. their Executors and Administrators by these presents, That he the said A. shall not at any time hereafter, by any manner of ways or means, alter or discontinue any of the said Estates herein limited to any person or persons whatsoever. In witness, &c. A dead of Feoffment upon a Marriage, for the settling a jointure. THis Indenture, made, &c. Between J. S. &c. on the one part, and J.R. the elder, and J. R. the younger on the other part Witnesseth, That the said J. S. as well for and in Consideration of a Marriage shortly( by Gods permission) to be had and solemnized between the said J. S. and A. Daughter of the said J. R. the elder, and for the love and affection which he beareth to the said A. and for the making provision of some part of the Estate in jointure to her the said A. if she shall survive the said J. S. As also in Consideration of the Sum of 3000 l. Portion 3000 l. of lawful Money of England, to be paid by the said J. R. the elder, for the Portion of the said A. as hereafter is mentioned, Hath granted, Grant of the premises. enfeoffed and confirmed, and by these presents, Doth for him and his Heirs, grant, enfeoff ●●d confirm unto the said J.R. the elder and J.R. the younger, and their Heirs, All that Scite and Capital messsage and Mannor House of P.( prout, &c. Exception. ) Except only such part of the said Mannor and premises as hath been heretofore conveyed unto the use of A. Mother of the said J. S. for the Term of her life, which was made unto her by the said J. S. for her jointure, and settled and conveyed unto, or to her use in and by one pair of Indentures, bearing date, &c. made between, &c. relation being thereunto had may appear: To Have and to Hold the said Scite, &c. Habendum. ( Except before Excepted) unto the said J. R. the elder, and J.R. the younger, and unto their Heirs, to the uses, intents and purposes hereafter in these presents expressed, limited and declared;( That is to say, Uses. ) to the use and behoof of the said J. S. and his Heirs, until the said Marriage shall be had and solemnized. And after the said Marriage shall be had and solemnized, then to the use and behoof of the said J. S. To the only use of J. S. till Marriage. and the said A. Daughter of the said J. R. the elder, for and during their Natural lives, and the Natural life of the longer liver of them: And from and immediately after both their deceases, After to the joint Lives of the said J. S. and A. and to the Heirs of their Bodies. And for default, to the right Heirs of the said J.S. then to the use and behoof of the Heirs of their said two Bodies between them lawfully to be begotten; And for default of such Issue, to the use and behoof of the right Heirs of the said J.S. for ever. And it is mutually covenanted, granted, concluded and fully condescended and agreed by and between the said parties to these presents, for themselves, their Heirs, Executors and Administrators, That in Consideration of the said Marriage, to be had and solemnized as aforesaid, the said J. R. the elder shall and will give and disburse for the Marriage Portion of his said Daughter the Sum of 3000 l. The Portion to be laid out in Land. of lawful Money of England, to be laid out for and upon the purchase of Lands to the best value within one year next coming, or sooner, if the same may be procured, and that so much of the same Lands so to be purchased as shall make up the Lands hereby conveyed for the jointure aforesaid, the full value of, &c. per Annum, over and above all Charges and Reprizes whatsoever, shall for the further increase of the said augmentation of the jointure of the said A. Daughter of the said J. R. the elder, be conveyed and assured to the use of the said J. S. The Uses. and the said A. for and during their Natural lives, and the Natural life of the longer liver of them; And from and after both their deceases, to the use and behoof of the Heirs of their two Bodies between them lawfully to be begotten; and for default of such Issue, to the use and behoof of the right Heirs of the said J. S. for ever. And further, it is mutually covenanted, granted, condescended and agreed by and between the said parties to these presents, for themselves, their Heirs, Executors and Administrators, That until Lands shall be purchased as aforesaid, to the uses before expressed, according to the true intent and meaning of these presents, It shall and may be lawful unto and for the said J. R. the elder, his Executors and Administrators, without any let, challenge, claim, denial, Interruption or other Impediment, of or by the said J.S. his Executors, Till purchase of the Lands, to keep the Marriage Portion in his hands. Administrators or Assigns, to keep and detain in his and their hands, custody or possession, the said Sum of, &c. agreed to be given for the Marriage Portion of the said A; and that if the same Lands shall not be purchased and assured to the uses aforesaid, between this and the Feast of, &c. next coming, That then from and after that time, the said J.R. the elder, his Executors or Assigns, shall allow to the said J.S. and A. for their better livelihood and maintenance for the said Portion-Money so kept in his hands after the rate of 7 l. per Cent. per Annum, And to allow Interest. until the same shall be laid out and be bestowed in Lands to the uses and purposes aforesaid. And further, That if after the said Marriage had and solemnized, the said J. S. shall die or decease out of this World, before the said Lands shall be purchased and settled to the value and uses before expressed, and leave the said A. surviving, If the Husband die before the Lands purchased by the Wives Father, to pay half the Money to such persons as he shall appoint. That then the said J. R. the elder shall and will pay or cause to be paid unto the Executors or Administrators of the said J. S. or unto such other person or persons as he the said J.S. shall under his Hand and Seal in Writing, or by his Last Will and Testament, to be testified by two or more credible Witnesses, limit and appoint the one Moiety or half of the said 3000 l. or the Moiety of so much thereof as shall not be then before laid out for the purchase of Lands to the uses aforesaid: And that then also it shall and may be lawful unto and for the said J. R. the elder, his Heirs or Assigns, without the let, challenge or interruption of the said J. S. his Executors or Administrators, to detain and keep in his custody or possession to the use of the said A. his Daughter, the other Moiety or half of the said 3000 l. for and towards her future advancement, or the Moiety of so much thereof as shall not be before that time laid out and disbursed for the purchase of Lands, which shall be assured and settled to the uses aforesaid. And moreover, That then also he the said J. S. shall give and leave unto the said A. so much other Lands as shall make up the jointure by these presents, assured to the full value of, &c. per Annum over and above all Charges, Deductions and Reprizes whatsoever. In witness, &c. An Assignment of a Lease to Feoffees in Trust, upon a Marriage, for Wife and Children. THis Indenture made, &c. Between H.G. &c. Executor of all and singular the Goods and Chattels of M. his late Wife, deceased, of the one part, and R.W. of the other part, Witnesseth, That whereas the Lady E. Countess of L. by her Indenture of Lease bearing date the, &c. ( prout, &c.) And whereas also the said Lady E. Countess of L. by one other Indenture of Lease bearing date, &c. ( prout, &c.) since which time the said M.G. is deceased, and the Administration of the Goods and Chattels of the said the said M. is committed unto the said H. G. her late Husband, by force whereof he the said H. G. at the time of their ensealing and delilivery of these presents, of the said Leases, messages or Tenements and premises thereby respectively demised, standeth lawfully possessed for the rest and residue of the several and respective Term and Terms of years yet to come and unexpired. Now this Indenture further Witnesseth, That the said H. G. for and in Consideration of a Marriage shortly to be had and solemnized, by Gods permission, between the said H. and W. M. Daughter of the said R. and for the advancement, preferment and supportation of living of her the said M. and of such Issue as between the said H. and M. shall be lawfully begotten, and for divers other good Causes and Considerations him hereunto moving, Hath granted, assigned and set-over, Grant. and by these presents Doth fully, clearly and absolutely grant, assign and set over unto the said R.W. &c. the said recited Leases and Indentures of Lease, and every of them, and all the said messages, Tenements and premises, and all Rents and yearly Profits, received or payable upon any Lease or Leases granted or made of the premises by the said H.G. and of every part thereof, together with all and every Under Lease and Leases so by him made or granted; To Have and to Hold the said messages or Tenements, Habendum. and all and singular other the assigned or granted premises, and every part thereof, with the appurtenances, unto the said R.W. &c. their Executors, Administrators and Assigns, from the day of the date of these presents, for and during all the rest and residue now severally and respectively to come and unexpired, of the several and respective Term and Terms of years, in or by the said several recited Indentures of Lease severally and respectively mentioned and granted, in as large and ample manner and form as the said H.G. his Executors, Administrators or Assigns, or any of them now doth hold, or might, should or ought to have, hold and enjoy the same, or any part or parcel thereof. Nevertheless upon the special Trust Trust. and Confidence in them reposed by the said H. G. That they the said R. W. &c. and the Survivors and Survivor of them, shall and may have, take, receive and keep the Rents, Issues and Profits of the said messages, or Tenements and premises in their own hands, To the intent they may from time to time give and dispose the same to and for the use and benefit of the said M. and her Assigns, if she shall survive the said H. And if she shall not survive the said H. Then to and for the benefit and behoof of such Child or Children as shall be between them the said H. and M. lawfully begotten. And further, upon this further Trust and Confidence, That if the said M. W. shall die or decease out this World without Issue of her Body lawfully begotten, and leave the said H. surviving, That then within 6 Months next after her decease, they the said R. W. &c. or the Survivors or Survivor of them, shall and will well and truly pay or cause to be paid unto the said H. his Executors or Assigns, so much of the Rents, Issues and Profits of the premises, as they or any of them shall then have and receive, and shall not before the decease of the said M. have paid and disposed to and for the use and benefit of the said M. And that then and in such case they and the Survivors of them, or the Executors or Administrators of the Survivors of them, shall at the request and at the costs and charges of the said H. assign, surrender and set-over the said recited Leases, and all and every of their Estate, Right, Title, Interest, Term and Terms of years then to come, claim and demand whatsoever, unto the said H. G. his Executors, Administrators or Assigns, or to such other person or persons as he or they, or any of them shall therefore nominate and appoint, in such manner and form as by the said H. his Executors or Assigns, or his or their Counsel Learned in the Law shall be reasonably devised, or advised and required, discharged or saved harmless of and from all former Bargains, Leases, Assignments, Surrenders, Titles, Troubles, Charges and encumbrances whatsoever, to be then before had, made, committed or done by them the said R. W. &c. or any of them. In witness, &c. A dead of Revocation of Uses, and Declarations of new Uses. TO all People to whom this present Writing Indented shall come, K.S. of, &c. sendeth Greeting. Whereas in and by one Indenture bearing date, &c. made between the said K. S. of the one part, and W.H. and R.S. of the other part, reciting or mentioning therein, That whereas the said K.S. then stood and was seized in her Demesn as of Fee-Tail;( That is to say,) To her and the Heirs of her Body begotten, of and in one Annuity or yearly Rent of 40 l. of lawful Money of England, issuing and going out of Two parts of the Mannor of L. in the County of G. and Two parts of other the Lands, Tenements and Hereditaments of R. B. Esq; lying and being in L. aforesaid, or some of them; It was covenanted, granted, concluded, condescended unto and agreed by and between the said parties to the said Indentures, That for the Considerations therein mentioned, she the said K.S. should and would before the Kings Justices of His Majesties Court of Common-Pleas at Westminster, in due course of Law, levy one Fine Sur Conuzance de droit come ceo, &c. unto the said W. S. and R. S. and to their Heirs, or one of them, whereupon Proclamations should or might be had or made according to the form of the Statute in that behalf made and provided, of the said Annuity or yearly Rent of 40 l. and of all and every other Annuities or yearly Rent and Rents of 40 l. of her the said K. S. issuing and going out, or to be received, perceived, taken or had of him, or out of the said Mannor of L. and other the Lands, Tenements and Hereditaments of him the said R. B. or of, in or out of any part or parcel thereof, or of any of them, with their appurtenances, by the name or names of the yearly Rent of 40 l. issuing out of Two parts of the Mannor of L. and S.J. Bridge, with the appurtenances, and of the Rectory of L. with the appurtenances, in the the County of, &c. or by some other name or names, according as by Counsel Learned in the Law of the said K. shall in that behalf be advised or devised. And it was in and by the said Indenture also covenanted, granted, declared and agreed by and between the said Parties to the same Indentures, and the true intent and meaning of all the said Parties to the same Indentures was, and it was so thereby declared and agreed to be, That the same Fine so or in any other manner and form to be levied, and all and every other Fine and Fines to be levied by the said K. S. of the said yearly Rent or Rents of 40 l. at any time before the said, &c. should be, and should be deemed, taken, construed and adjudged to be, and that the said W. H. and R. S. their Heirs, and the Heirs of the Survivor of them at any time, from and after the Levying of the said Fine, should stand and be seized of and in the Rent and Rents whereof the said Fine should be then levied, to and for the uses, intents and purposes hereafter mentioned, expressed and declared;( That is to say,) To the use and behoof of the said K. for and during the Term of her Natural life; and after her decease, to the use and behoof of the said W. B. and R. S. and their Heirs for ever, upon the Trust and Confidence, and to the intent and purpose, that the said W. B. and R. S. and their Heirs, and the Heirs of the Survivor of them, should permit and suffer E. S. the second Son of the said K.S. and the Heirs of his Body lawfully to be begotten, to have, receive and take 10 l. yearly of the said yearly Rent of 40 l. to and for his and their own use and benefit, at the days and times wherein the same should grow and be due and payable; And for default of such Issue, should permit and suffer J. S. the youngest Son of the said K. and the Heirs of his Body lawfully to be begotten, to have, receive and take the said 10 l. yearly of the said yearly Rent of 40 l. to and for their own use and benefit, at the days and times wherein the same should grow and be due and payable; and for default of such Issue, should permit and suffer M. J. and J.S. the Daughters of the said K.S. and the Heirs of their Bodies lawfully begotten and to be begotten; and for default of such Issue, to the right Heirs of the said K. for ever, to have, receive and take 5 l. yearly, parcel also of the said yearly Rent of 40 l. to and for her, his and their own uses and benefit respectively, at the days and times wherein the same Rent of 40 l. shall grow due, and be due and payable: And that they and every of them should also permit and suffer the said J. S. and the Heirs of her Body lawfully to be begotten; and for default of such Issue, the said M. J. and the Heirs of her Body lawfully to be begotten; and for default of such Issue, the said E. S. and the Heirs of his Body lawfully to be begotten; and for default of such Issue, the said J. S. and the Heirs of his Body lawfully to be begotten; and for want of such Issue, to the right Heirs of the said K.S. for ever, To have, receive and take other 5 l. yearly, other parcel of the said yearly Rent of 40 l. to and for his and their own use and uses, and benefit respectively, at the days and times wherein the said yearly Rent of 40 l. shall grow due and payable. And moreover, that they and every of them should also at all times hereafter permit and suffer the said J. S. and the Heirs of his Body lawfully to be begotten; and for default of such Issue, the said E. S. and the Heirs of his Body lawfully to be begotten; and for default of such Issue, the said M. J. and J. S. and the Heirs of their Bodies lawfully begotten or to be begotten; and for default of such Issue, to the right Heirs of the said K. S. for ever, To have receive and take the other 20 l. yearly, the rest and residue of the said yearly Rent of 40 l. to and for his and their own use, uses and benefit respectively, at the days and times wherein the same yearly Rent of 40 l. shall grow due and payable; In which Indenture is contained a Condition or Proviso to this effect following; Proviso of Revocation. ( That is to say,) That if the said K. should at any time, during her life, be minded, purposed and determined to alter, revoke and make voided all and every, or any of the uses, intents and purposes therein or thereby limited, appointed and declared, of or in the said yearly Rent of 40 l. or of any part or parts thereof therein mentioned only to make the same voided, or thereupon to limit new or other uses, and the same her mind and purpose should declare, in or by any Writing to be Sealed and Subscribed with her own Hand or Mark, in the presence of two or more credible Witnesses, That then and from thenceforth the Estate and Estates, Use and Uses therein before limited and declared, which the said K. by the said Writing to be Sealed and Subscribed as aforesaid, should declare her Mind to be, To alter, revoke, determine and make voided, shall from thenceforth be, and shall be adjudged utterly voided and of none effect: And that then and from thenceforth the said Fine and Fines, and every of them should be, and should be adjudged to be, and the said W.H. and R. S. and the Survivors of them, and the Heirs of the same Survivors, should stand and be seized of the part and parts of the said yearly Rent of 40 l. and premises, whereof the Estates, uses, intents and purposes shall be so altered, revoked and made voided: And as touching the Estates, uses, intents and purposes so altered and made voided, to and for such further use and uses, intents and purposes as the said K. in and by the said dead of Revocation, or any other Writing, by her to be sealed and subscribed as aforesaid, should declare, limit and appoint; and if no other use or uses, intents or purposes should be thereupon declared, limited and appointed, then to the use and behoof of her the said K.S. her Heirs and Assigns for ever, to do therewith her will and pleasure, as in and by the said Indenture in part before recited, amongst other things therein mentioned and contained, more at large appeareth, which said Fine was afterwards levied and executed according to the Agreement aforesaid. Now know ye, That the said K. S. being minded, purposed or determined to revoke and make voided all and every the Use and Uses, The Revocation of the old Uses. in and by the Indenture aforesaid, limited, appointed and declared, doth thereupon, and to that end and purpose, according to the power and authority to her given and reserved, in and by the Proviso and Indenture herein before-mentioned, and by force and virtue thereof publish and declare hereby, that her true intent and meaning is to revoke and make voided, and doth by these presents revoke and make voided all and every the Use and Uses, ●… n and by the same Indenture before limited, ●… entioned, appointed and declared, The same Indenture, or any Covenant, grant, use, matter or thing therein contained to the contrary thereof in any wise notwithstanding. And know ye further, That the said K. S. Limitation of new Uses. doth by these presents agree and declare, That the said W. H. and R. S. and their Heirs, shall from henceforth stand and be seized of and in the said Rent and Rents, to and for the uses, intents and purposes hereafter expressed and declared;( That is to say,) as for and touching 30 l. per Annum, part and parcel of the said Rent of 40 l. per Annum, to the use and behoof of the said J. S. youngest Son of the said K. and of his Heirs for ever: And for and touching the other 10 l. per Annum, residue of the said 40 l. per Annum, To the proper use and behoof of J. Daughter of the said K. S. and Wife of J. D. Clerk, and of her Heirs for ever. Provided always, proviso. and the true intent and meaning of the said K. S. is, That if the said K. shall at any time during her life be minded, purposed or determined to alter, revoke or make voided all, every or any of the uses, intents and purposes herein or hereby limited, appointed and declared, of or in the said yearly Rent of 40 l. or any of the part or parts thereof herein before-mentioned only to make the same voided, or thereupon to limit new or other Uses, Power to make voided the Uses. or declare any other intent, intents or purposes: And the same her mind or purpose shall declare, in or by any Writing by her to be Sealed and Subscribed with her own Hand or Mark, in the presence of two or more credible Witnesses, That then and from thenceforth the Estate and Estates, Use and Uses, intents and purposes herein before limited and declared, which the said K. by her said Writing, so to be Sealed and Subscribed as aforesaid, shall declare to be, to alter, revoke, determine or make voided, shall from henceforth be, and shall be adjudged utterly voided and of none effect. And that then and from thenceforth the said Fine and Fines, and every of them shall be, and shall be adjudged to be. And the said W. H. and R. S. and the Survivor of them, and the Heirs of the same Survivor, shall stand and be seized of the said part and parts of the said yearly Rent of 40 l. and premises, whereof the Estate, Use and Uses, intents or purposes, shall be altered, revoked and made voided. And touching the Estates, Use and Uses, intents and purposes so altered and made voided, to and for such further Use and Uses, intents and purposes, as the said K. in and by the said dead of Revocation, or any other Writing by her to be made and subscribed as aforesaid, shall declare, limit or appoint, and if no further or other Use or Uses, intent or purpose, shall be thereupon declared, limited or appointed, Then to the use and behoof of the said K. S. her Heirs and Assigns for ever, to do therewith her will and pleasure. In witness whereof the said K. S. to either part of this present Writing Indented, hath put her Hand and Seal the, &c. A Settlement of Lands by the Mother upon a Son, reserving a Rent only and a Chamber for her Life, by Feoffment. THis Indenture, made, &c. Between T. B. of, &c. the elder, Gent. on the one part, and T. S. of, &c. Gent. and T. S. of, &c. Gent. and T. B. the younger Son of the said T. B. the elder, on the other part, Witnesseth, That the said T.B. the elder, Consideration, of Natural love and affection. for and in Consideration of the Natural love and affection which he beareth unto the said T.B. the younger, and for and towards his Maintenance, Education and preferment, from henceforth hath granted, aliened, enfeoffed, Grant. delivered and confirmed, and by these presents doth grant, alien, enfeoff, deliver and confirm unto the said T.S. and T. S. and their Heirs, all that messsage and Tenement, with the appurtenances, called or known by the Name of Barnes-House, or by what other Name or Names the same is or shall be called or known, situate, lying and being in Q. aforesaid, in the aforesaid County of L. and heretofore in the tenor or occupation of J.E. Widow, or of her Assignee or Assignees, Tenant or Under-tenants, and all Houses, Out-houses and Edifices, Barns, Stables, Courts, Yards, Backsides, Gardens, Orchards, Closes, Lands, Tenements, Meadows, Leasows, Pastures, Feedings, Woods, shepherds, Commons, Common of Pasture, pounds, Pools, Ways, Waters, Water-courses, Easements, Profits, Commodities, Emoluments and Hereditaments whatsoever, with their and every of their appurtenances in Q. aforesaid, in the aforesaid County of L. and unto the aforesaid messsage or Tenement herein granted, lying, belonging or appertaining, or to or with the same messsage now or at any time heretofore demised, Letten, set, used, occupied or enjoyed, or accepted, reputed, deemed or taken to be as part, parcel or member thereof, or of any part thereof, or as appurtenant or belonging thereto, or to any part thereof, and all other the messages, Lands, Tenements and Hereditaments whatsoever, situate and being in Q. aforesaid, which he the said T. B. the elder heretofore had, or bought or purchased of the said J. E. Widow, and all the Estate, Right, Title and Interest, use, claim, possession and demand whatsoever of him the said B. the elder, of, in or to the said herein before granted, or hereby mentioned or intended to be granted premises, and of, in, and to every part and parcel thereof, and the Reversion thereof, and of every part thereof; Habendum. To Have and to Hold the said herein before granted, or herein or hereby mentioned or intended to be granted messages, Houses, Out-houses, Barns, Stables, Gardens, Orchards, Lands, Tenements, Meadows, Leasows, Pastures, Feedings, Commons, Common of Pasture, Profits, Commodities, Emoluments, Hereditaments and Appurtenances whatsoever in Q. aforesaid, or elsewhere, and all other the premises whatsoever, hereby granted or intended to be granted, aliened, enfeoffed and confirmed unto the said T. S. and T. S. and their Heirs for ever, Use of Son in Fee. and to the only use, benefit and behoof of the aforesaid T. B. the younger, his Heirs and Assigns for ever, and to and for no other use, intent or purpose whatsoever; and it is agreed by and between all the said parties to these presents, 20 l. yearly to be paid to the Mother for Life That the Annual Sum of 20 l. of lawful Money of England, shall be from henceforth yearly and every year, during the Natural life of the aforesaid J. E. only paid and satisfied unto her and unto her Assigns, out of the profits of the premises aforesaid, hereby granted, meant or mentioned, or intended to be granted at two times in the year;( That is to say,) at the 25th of March and 24th of September, by equal portions, or within 18 days next after either of the said days of payment, and also that she the said J. E. shall be permitted during her life, and for her own proper use only, And to enjoy one Chamber. to hold and use one Chamber over the Buttery, and the Loft over the same Chamber, in the messsage aforesaid, called Barnes-House, with ingress, egress and regress thereto, With free ingress, &c. without any let or contradiction of any or either of the said parties to these presents, their or any of their Heirs or Assigns. In witness, &c. A Settlement before Marriage of a Copyhold Estate, where, according to the Custom of the Mannor, there is a Dead year after the Death of every Tenant, grantable by Tenant in his Life-time, and the Widow enjoys the Estate durant Castitate, if he surrender or alien it not in Life; with Provision, That the Goods of the Wife shall remain in her own disposal, and that her Husbands Name may be made use of, to Sue for her Debts, but the Money to be secured by Trustees to her use. THis Indenture Tripartite, made, &c. Between M.F. of N. in the County of H. Widow, late Wife and Relict of E. F. late of, &c. Gent. deceased, on the first part, and T. S. of, &c. Gent. on the second part, and E. L. of, &c. Gent. T B. of, &c. J. B. of, &c. Gent. and J. P. of, &c. Gent. on the third part. Whereas the said M. is now possessed in a Personal Estate of Money, Recital of Wives Estate personal. Debts owing by Bond and Securities, and otherwise, above the Value of 300 l. and of Goods, Chattels and Utensils of household, according to the Inventory or Note of Particulars thereof hereunto annexed and expressed. And whereas the said T. S. Recital of the Copyhold. is now seized in possession of a Copyhold Estate of Lands and Tenements for Term of his Life, lying and being in S. within the Mannor of W. in the said County, of the yearly Value of 40 l. or thereabouts, by virtue of a Copy of Court-Roll, and grant of the said Copyhold premises per R. B. then sergeant at Law, at a Court of the said Mannor of him the said R.B. holden the, &c. day of September, in the Year, &c. as by the same Copy, under the Hand and Seal of him the said R. B. and Subscribed by F. S. his then Steward appeareth, unto which Copyhold premises there is a Dead-Year belonging, Of the Custom. according to the Custom of that Mannor, after the death of the Tenant thereof dying seized in possession, disposable by such Tenant in his Life-time, or else to be enjoyed by his Executors or Administrators. And whereas also, by the Custom of that Mannor, the Wife of such Tenant( if she survive him) is to hold and enjoy the said Copyhold Estate during the time of her Widowhood, keeping her self Chast. And whereas a Marriage is intended to be had and solemnized between the said T. S. and the said M. F. It is agreed between all the said Parties to these presents; Covenants, not to surrender his Copyhold in his life-time, but that it may come to his Widow. And the said T.S. for himself, his Heirs, Executors and Administrators, doth covenant, promise and grant to and with the said E.L. T. B. J. B. and J. P. and to and with every of them, their and every of their Executors and Administrators, That he the said T.S. shall not and will not surrender, yield up or make voided the said Copyhold Estate, whereby she the said M. may be defeated of her Widows Estate in the same Copyhold premises, after the death of him the said T. S. if the said Marriage take effect, and in case she shall him survive. Grant of the Dead-Year to Trustees in Trust for his intended Wife, if she survive. And also he the said T. S. doth hereby grant unto the said E. L. T. B. J. B. and J. P. and the Survivors of them, the Dead Year of the said Copyhold premises, to hold to them and the Survivors of them, immediately from and after the death of him the said T. S. in Trust for her the said M. in case the said Marriage take effect, and she survive him the said T. S. And the said T. S. doth also covenant, grant and agree to and with the said E.L. TB. JB. and J.P. and to and with every of them, their and every of their Executors and Administrators, That he the said T. S. his Executors, Administrators and Assigns, shall not intermeddle with, claim, That he will intermeddle with no more of the Wives Estate, than 300 l. take or dispose of any other the aforesaid Estate Personal, Money, Goods or Chattels of the said M. saving only the Sum of 300 l. in Money, and no more; but that the said T.S. shall be contented and satisfied with the aforesaid Sum of 300 l. and no more, as a full Marriage Portion to him with the said M. if the said Marriage shall take effect; And that the said M. shall have full power by her Last Will, She may dispose of the rest by Will. or otherwise to dispose of all or any the rest of her Estate to any other person or persons, other than the said T. S. without any contradiction of him the said T. S. to hinder or let the same; and the said M. F. by and with the consent of the said T. S. as well in Consideration of the Sum of, She grants her other Personal Estate to Trustees, to secure it. &c. to her paid by the said E. D. T.B. J. B. and J. P. or one of them, as also to preserve the Interest and Property of all and singular the Goods, Chattels and Implements of household, now of her the said M. in the Schedule or Note of Particulars thereof, hereto annexed and specified, so that he the said T. S. may not have any power or disposal of them, she the said M. hath given, granted, bargained and sold, and doth hereby give, grant, bargain, sell and deliver unto the said E.L. T.B. J.B. and J. P. their Executors, Administrators or Assigns, all and singular the said Goods, Chattels, and Implements of household; To Have and to Hold to them, their Executors, Administrators and Assigns for ever; And the said T. S. for himself, his Heirs, Executors and Administrators, doth covenant, promise and grant to and with the said E.L. J.B. T.B. and J.P. and to and with every of them, their Executors and Administrators, That whereas she the said M. hath divers Sums of Money owing unto her upon Bonds and specialities, That Husband is to permit Trustees to make use of his Name, to Sue for his Wives Debts. and otherwise, above the Sum of 300 l. That for recovery of the said Debts( if need require) he the said T.S. shall permit and suffer the Trustees aforesaid, or any Attorney or Attorneys by their appointment, in the name or names of them the said T. S. and M. in case the same Marriage take effect, to commence svit against, Sue and Prosecute all and every the person or persons, as occasion shall require, for all, every or any the said Moneys that are now owing to the said M. And that he the said T.S. shall justify all and every such Actions and Suits, That he shall not release the Actions. and shall not release or discharge the same, or any judgement or Judgments, or Execution thereupon to be had, without the consent of the said Trustees; but shall suffer the said Trustees to receive the same Moneys, and every Sum thereof, and all other the Sum and Sums above the Sum of 300 l. and to preserve or dispose of the same, That what is recovered, shall be at her disposal. according to the Trust in them reposed by the said M. and that the said M. shall have full power of the disposal thereof to any person or persons other than the said T.S. without any contradiction of him the said T. S. or any Threats or Uncivil Carriage, to deter her therefrom. That neither of their Estates be charged with other Debts due before Marriage. And it is further agreed by and between the said T. S. and M. F. that neither of them, nor their Estates, shall be charged or chargeable with any the Debts or Engagements of either of the other of them, due or payable before the date of these presents. And to that end the said T. S. doth covenant, Husband covenants to discharge his Debts. promise and grant, to and with the said Trustees before-named, and to and with every of them, That he will pay and discharge all his own particular Debts, or which he is bound for or stands chargeable to pay to any person or persons out of his own particular Estate, without having or craving any of the now personal Estate of her the said M. other than the aforesaid 300 l. before-mentioned: And also the said M.F. doth hereby agree, That in case the said T.S. after the said intended Marriage shall take effect and be solemnized, shall be questioned or molested for any the proper Debts of her the said M. If there appear any such Debts on her part, Trustees to pay them out of her personal Estate in their hands. contracted or owing by her before the solemnization of the said intended Marriage, or for any Legacy or Legacies which she is any way chargeable to pay to any person or persons, that the Trustees shall have power and authority hereby to pay and discharge the said Debts and Legacies which she the said M. is so chargeable to pay, and that out of any her now proper Estate, other than the aforesaid 300 l. and in so doing the Trustees shall be discharged of any other account thereof unto her the said M. or to the said T. S. after the solemnization of the said intended Marriage; And the said Trustees, and every of them, do hereby declare, That they will perform the Trust in them reposed by these presents, according to the true intent and meaning thereof; And do hereby covenant, every one of them one with the other respectively, not to act or do any thing touching the premises, without the joint Consent of them all. In witness whereof to the first part of these presents, remaining with the said T. S. the said M. F. and the said Trustees have put their Hands and Seals to the second part of these Indentures, remaining with the said Trustees, the said M. F. and S. T. have put their Hands and Seals to the third part of these Indentures, remaining with the said M. F. the said T. S. and the said Trustees have put their Hands and Seals the day and year first above-written. Settlement of Lands upon Trustees, for payment of Debts out of the Profits thereof, and afterwards to a Grandchild by Bargain and Sale. THis Indenture, made, &c. Between M. C. of, &c. Widow, on the one part, and R. F. of, &c. and T.L. of, &c. Gent. on the other part, Witnesseth, The said M. C. as well for and in Consideration of the Sum of 5 s. to her the said M. by them the said R. and D. before the ensealing and delivery of these presents, well and truly satisfied and paid, and also to the intent and purpose that they the said R. and T. their Heirs, Executors, Administrators or Assigns, or some or one of them, Consideration, to pay the Grantor's Debts. shall and will well and truly satisfy, content and pay, or cause to be satisfied, contented and paid, unto the several and respective persons hereunder-named, the several and respective Debts and Sums of Money after their Names, in the Note or Schedule hereto annexed appearing, and which Debts and Sums of Money she the said M. doth aclowledge she oweth, and is chargeable to pay unto the said several persons; and to the intent also that they the said R. and T. their Heirs, Executors, Administrators and Assigns, or some or one of them, shall and will also well and truly satisfy, content and pay unto all and every other person and persons, all and every other Debt and Debts which she the said M. shall justly owe unto them at the time of her decease, upon just Consideration and for her maintenance or necessity in the mean time, as also shall discharge her necessary Funeral expenses. And to the intent and purpose, to settle and assure the said messsage, And to settle the Lands to Uses. Lands and Tenements, with the appurtenances, unto the several Uses hereafter in these presents mentioned, limited and declared, she the said M. Hath given, Grant. granted, bargained, sold, enfeoffed, released, delivered and confirmed, and by these presents doth give, grant, bargain, sell, enfeoff, release, deliver and confirm unto the said R. F. and T. L. their Heirs and Assigns; All, &c. (& sic recite less premises) and all and singular the Lands, Tenements, Meadows, Leasows, Pasture, Feeding, Woods, shepherds, Ways, Waters, Commons, Profits and Emoluments and Hereditaments whatsoever, with their and every of their appurtenances, unto the said messsage or Tenement, belonging or in any wise appertaining, situate and being in L. A. in the Parish of S. or in some or one of them, all and singular which said granted, bargained, sold, enfeoffed, released, delivered and confirmed, or herein or hereby meant, mentioned or intended to be bargained, sold, enfeoffed, released, delivered and confirmed premises, are now in the actual possession of him the said T.L. Habendum. To Have and to Hold the said messsage or Tenement, with the Appurtenances, Gardens, Orchards, Lands, Tenements, Meadows, Leasows, Pastures, Feedings, Commons, Profits, Woods, Underwoods, Ways, Waters, and all other the premises, with their appurtenances, herein before granted, sold, enfeoffed, released, delivered and confirmed, or herein or hereby meant, mentioned or intended to be granted, bargained, sold, enfeoffed, released, delivered and confirmed unto the said R.F. and T.L. their Heirs or Assigns, to and for the uses, intents and purposes hereafter in these presents limited, expressed and declared, and to and for the other uses, intents and purposes hereafter in these presents limited, expressed and declared, and to and for no other use, intent or purpose whatsoever;( That is to say,) To have and to hold the said premises, hereby granted unto the said R. F. and T. L. their Heirs or Assigns, for so long time and until they or some or one of them shall have raised out of the Issues and yearly Profits of the said premises, so much Money as may well pay, satisfy and discharge all and singular the Debts and Sums of Money in the Note or Schedule hereunto annexed specified, with all just Interest, Consideration, Costs and Damages for the same, to become due and payable for the same, together with the necessary Funeral expenses of the said M. and her just other Debts which shall be due or owing by her at the time of her death to any person or persons, for her Maintenance or Necessity in the mean time: And immediately from and after such time, that all and singular the said Debts, Sums of Money and Funeral expenses, shall and may be reasonably and conveniently raised, or granted or procured out of the Rents, Issues, or yearly Profits of the said premises, Then to the only sole and proper use and behoof of A.C. Son of J.C. and Grandchild of her the said M. and his Heirs for ever, and to and for no other use or uses, intents or purposes whatsoever. And the said M. C. and her Heirs, all and singular the premises hereby granted unto the said R. F. and T. L. and their Heirs, to the uses aforesaid, against all persons, shall and will warrant and for ever defend by these presents. In witness, &c. A Settlement upon Marriage of an Estate, part of the Estate settled upon the Sons Wife for jointure, part upon the Issue, and a Rent reserved for the Father, with several other Special Limitations, Trusts, &c. by a Lease and Release. Per Sir Geof. Palmer. Pro Lease, vid. Tit. Bargain and Sale. THis Indenture Tripartite, made the, &c. day of, &c. in the year, &c. Between T. A. the elder of S. Release. in the County of N. Esq; and T. A. the younger Son and Heir apparent of the said T.A. the elder, of the first part; S. R. of T. L. in the County of Leicester, Widow, R. R. of T.L. aforesaid, Esq; and E. R. Daughter of the said S. and Sister of the said R. of the second part, and J.S. of L. in the County of N. Esq; W.R. of C. in the said County of L. Clerk, and P.W. of E. in the said County of L. Gent. of the third part, Witnesseth, That in Consideration Consideration. of a Marriage intended( by the Grace of God) to be shortly had and solemnized between the said T. A. the younger and E. R. &c. and of the Sum of, &c. paid by the said, &c. for the Marriage Portion of the said E. and for a jointure for the said E. in lieu and full bar of her Dower and Thirds at the Common Law, and for settling the Mannor, Lands, Tenements and Hereditaments herein after mentioned, to the several and respective uses, upon the Trusts and under the premises herein hereafter declared and contained, the said T. A. the elder and T. A. Grant. the younger, have granted, quit-claimed, released and confirmed, and by these presents do grant, release, quit-claim and confirm unto the said S. R. All that the Mannor of S. &c. All which said Mannor and premises now are in the actual possession of the said S. R. by virtue of a Bargain and Sale to her thereof made by the said T.A. Sen. and T. A. Jun. by Indenture bearing date the day next before the date hereof, and by force of the Statute for Transferring of Uses into Possession; and for and upon the Consideration aforesaid T.A. Sen. and T.A. Jun. do by these presents grant, release and confirm unto the said S. R. all the Estate, Right, Title, Interest, Claim and Demand whatsoever, of them the said T.A. Sen. and T.A. Jun. and either of them, of, in and unto the said Mannor and premises, and every or any part or parcel thereof, and the Reversion and Reversions, Remainder and Remainders, together with the Profits and Rents of the premises, and every part and parcel thereof; Habendum. To Have and to Hold the said manors, messages, Farms, Closes, Lands, and all and singular other the premises herein before-mentioned, and intended to be hereby granted, with their and every of their appurtenances, to the said S. R. and her Heirs, To the use of the said T.A. Sen. and T.A. Jun. until the said intended Marriage shall be had and solemnized, and immediately from and after the solemnization thereof, to the several and respective uses and intents, upon the Trusts and under the Provisoes herein after declared and contained;( That is to say,) As, to, Limitation of Uses. for and concerning the said several Closes or enclosed Grounds, commonly called or known by the name of Inlands, the Hand-Meadow, &c. and herein before-mentioned to be in the several tenors or occupations of the said R.H. and T.C. and their Assigns, with their and every of their appurtenances, to the use of the said T. A. Jun. for and during the Term of 99 years( if he so long live) without impeachment of Waste, and immediately from and after the expiration or other determination of the said Term of 99 years, to the use of the said E. R. for and during the Term of her Natural life, and in lieu of recompense and full bar of her Dower and Thirds at the Common Law, For jointure. and after her Decease and Expiration or determination of the said Term of 99 years, To the use of the heirs Males on the Body of the said T. A. Jun. on the Body of the said E. R. to be begotten; and for default of such Issue, to the use of the heirs Males of the said E. by the said T. A. Jun. to be begotten. And as to and concerning all the rest and residue of the said Mannor and other the premises herein before-mentioned to be hereby granted, whereof no Use is herein before declared after the solemnizing of the said intended Marriage, these presents and the assurance hereby made shall be and enure, and the said S.R. and her Heirs shall stand and be seized thereof, and of every part and parcel thereof, immediately from and after the solemnization of the said intended Marriage, To the use and intent that the said T. A. Rent reserved to Husband's Father. Sen. and his Assigns, shall and may from time to time, during his Natural life, have, receive, perceive and take forth of the said last mentioned premises, the Annual or yearly Rent or Sum of, &c. lawful English Money, on the Feasts of the Annunciation of the Blessed Virgin Mary, the Nativity of St. John the Baptist, St. Michael the Archangel, and the Birth of our Lord Christ, by equal and even portions, without any defalcation or abatement of any public Taxes, Charges or Payments whatsoever, the first payment thereof to begin and to be made at such of the said Feast-days as shall next happen after the said intended Marriage, and to this intent that if it happen the said Annual or yearly Rent or Sum of, &c. or any part or parcel thereof to be behind or unpaid by the space of 20 days next after any of the said Feast-days, Clause of Distress for non payment. whereupon the same is herein before appointed to be paid, That then and so often it shall or may be lawful to and for the said T.A. Sen. into the premises therewith charged, and every or any part or parcel thereof, to enter and distrain for the same, and the Distress and Distresses then and there from time to time found, to take, led, drive and carry away and impound, detain or keep until he or they of the said yearly Rent, and all arrearages thereof( if any be) shall be fully satisfied and paid; and to this further use and intent, That the said W. R. and W. and their Heirs, immediately from and after the decease of the said T.A. Jun. shall from time to time, during the life-time of the said E R. upon the Trusts in that behalf herein hereafter contained, Another Rent to be paid for other Uses. have and receive forth and out of the same last mentioned premises, the Annual or yearly Rent or Sum of, &c. at the said Feast of the Annunciation of the Blessed Virgin Mary, the Nativity of St. John the Baptist, St. Michael the Archangel, and the Birth of our Lord Christ, by even and equal portions, the first payment thereof to begin and be made at such of the said Feast-days as shall next happen after the decease of T. A. Jun. And to this further intent and purpose, That if it happen the said Annual or yearly Rent of, &c. or any part or parcel thereof to be behind or unpaid by the space of 20 days next after any of the said Feast days whereon the same is herein before appointed to be paid, That then and so often it shall and may be lawful to and for the said W. R. and P. W. their Heirs and Assigns, into the premises therewith charged, and every or any part or parcel thereof, to enter and distrain; And the Distress and Distresses then and there from time to time found, to take, led, drive, carry away and impound, detain and keep until he shall be of the said yearly Rent of, &c. and all arrearages thereof( if any be) fully satisfied and paid. And as to and concerning the said rest and residue of the said Mannor, and of all and singular the premises therein before-mentioned, The Use of the residue. to be hereby granted, with their and every of their Appurtenances charged with the said several and respective yearly Rents of, &c. and, &c. during the respective Lives of the said T. A. Sen. and E. R. whereof no use is before limited after the said Marriage, other than for and concerning the said Rents, These presents, and the assurance hereby made, shall be and enure, and the said S. R. and her Heirs shall stand and be seized thereof, and of every part and parcel thereof, with their and every of their Appurtenances, immediately from and after the said solemnization of the said intended Marriage, and Charges, To the use of the said T. A. Jun. for and during the Term of 99 years( if he so long live) without Impeachment of Waste, and after the aforesaid or other determination of the said Term of 99 years, To the use of the said E. R. for and during the Term of the Natural life of the said E. R. and for and during the Term of the Natural life of the said T. A. Jun. and afterwards to the use of the heirs Male on the Body of the said T. A. Jun. on the Body of the said E. R. to be begotten. And as, to and concerning the Mannor of S. and West, alias W. and all and singular other the premises herein before-mentioned and intended to be hereby granted, with their and every of their Appurtenances, These presents, and the assurance hereby made shall be and enure. And the said S. R. and her Heirs, shall stand and be seized thereof, and of every part thereof, as the several and respective Uses and Estates thereof herein before declared shall respectively end and determine, subject unto and charged with the said Annual or yearly Rents or Sums of, &c. and as to the premises therewith chargeable, as aforesaid, in manner as is before expressed, To the use of the said T. A. Jun. and the heirs Males of his Body, on the Body of the said E. R. to be begotten. And for default of such Issue, to the use of the said J. S. and W. R. their Executors and Assigns, for and during the Term of 500 years, without Impeachment of Waste upon Trust, and under the Proviso in that behalf herein after declared and contained; and after the expiration or other determination of the said Term of 500 years, to the use of the said T. A. Jun. and of the Heirs of his Body issuing; And for default of such Issue, to the use of the said T. A. Sen. for and during the Term of his Natural life, without Impeachment of Waste; and after his decase, to the use of T. A. Jun. and of his Heirs and Assigns for ever, and to or for no other use or purpose whatsoever. Declaration of the use of the Rents. To be a Security for the quiet enjoyment of the jointure. And as touching the said Annual yearly Rent of, &c. herein before limited to the said W.R. and P.W. It is declared, That the same is so limited unto them upon Trust, and to the intent that they may thereby save harmless and recompense the said E. R. and her Assigns, of and from all such costs, charges, damages and expenses, which she or they shall sustain or be put unto by any Action, svit or Disturbance which shall happen or arise, in or concerning the said messages and premises before-mentioned, to be in the several tenors or occupations of the said R. R. T.C. and J.W. or any part or parcel thereof, parcel of the premises herein before limited to her the said E. for her Life for her jointure. And it is provided, That so long and during all such time as she the said E. shall or may peaceably and quietly have, hold and enjoy the said messages and premises so limited to her, without any let or disturbance, by any person or persons whatsoever, the said Annual or yearly Rent of, &c. shall cease, and shall not be payable or paid: And that subject unto the same several Trusts and Proviso's, the said whole Annual or yearly Rent of, &c. in case no disturbance be, or in case of disturbance the overplus thereof, after recompense made to the said E. shall go with and attend the Inheritance of the premises therewith charged, according to the Uses and Estates thereof herein before declared. And as touching the said Term of 500 years, herein before limited unto the said J.S. Provision for Daughte●s, if Issue Male fail. and R.R. it is declared the same is so limited unto them, upon the Trust and under the Proviso herein after expressed;( That is to say,) in Trust, That in case the said T.A. the Son shall happen to die without Issue Male of his Body, on the Body of the said E. R. to begotten, or that the Issue Male between them shall happen to die without Issue of their Bodies coming before any of them attain the Age of 21 years, and that if there shall be one or more Daughter or Daughters of the Body of the said T.A. Jun. on the Body of the said E.R. to be begotten, That then such Daughter and Daughters respectively shall have the Portion herein after limited; ( That is to say,) If there shall be but one such Daughter only and no more, then such only Daughter to have the Sum of, &c. for her Portion, if there shall be two or more such Daughter or Daughters, then all the said Daughters to have the Sum of, &c. to be equally divided amongst them, share and share like, for their Portions, the said Portion and Portions to be respectively payable and paid unto the said Daughter or Daughters at her and their several and respective Ages of 16 years, or days of Marriage, which shall first happen; and in case the said Portion or Portions shall not be accordingly paid, that then and from thenceforth the said J. S. and R. R. their Executors and Assigns, shall by and out of the Rents and Profits of the premises, or by Lease or Leases, or Sales of the premises, or any part or parts thereof raise, and pay the said several and respective Portions, and shall permit such person or persons to whom the Freehold or Inheritance of the premises, immediately expectant on the said Term of 500 years, shall for the time being appertain, to receive the Surplusage of the Rents and Profits of the premises, until the said Portion or Portions of the said Daughter or Daughters, or some of them shall or should be payable by the intent of these presents: And after the said Portion or Portions shall be raised and paid, according to the intent of these presents, then the said Mannor and premises, or so much thereof as shall then remain unsold, to go with and attend the Reversion and Inheritance of the premises, immediately expectant on the said Term of 500 years, according to the Uses and Estates thereof herein before declared and limited. Provided always, That if the person or persons, to whom the Freehold or Inheritance of the premises, immediately expectant on the said Term of 500 years, shall according to the Uses and Estates herein before declared for the time being appertain, do or shall well and truly pay, or to the liking of the said J. S. and R.R. their Executors, Administrators and Assigns sufficiently secure, to pay unto the said Daughter or Daughters of the Body of the said T. A. Jun. on the Body of the said E. R. to be begotten, the several and respective Portions herein before limited to be charged or raised for the Daughter or Daughters respectively, according to the intent of these presents, or if there shall be no Issue Female of the Body of the said E. by the said T. A. begotten, or if such Issue Female shall all of them die before any of them shall attain her Age of 16 years; or before she shall be married, That then in each and every, or any of these cases, and at all times from thenceforth, the said Estate and Term of 500 years shall cease, determine and become voided, any thing herein before contained to the contrary in any wise notwithstanding. Provided also, Proviso, for making jointure for a second Wife. That it shall and may be lawful to and for the said T. A. Jun. from time to time, and at all times during his Natural life, after the decease of the said E. R. by any Writing or Writings under his Hand and Seal, testified by two or more Witnesses, to grant, assign, limit or appoint such and so much, and such part of the said Mannor and premises as are herein before limited in use to the said E. for her life, for her jointure, or any part or parts thereof, unto or to the use of any Woman or Women which the said T.A. Jun. shall happen to mary or take to Wife after the decease of the said E. R. for and during the Term of the Natural lives of such Wife or Wives only, for her or their jointure, any thing herein before contained to the contrary notwithstanding. Provided likewise, That it shall and may be lawful to and for the said T.A. Jun. from time to time, Proviso for making Leases, &c. and at all times during his Natural life, by any Writing or Writings Indented under his Hand and Seal, testified by two or more Witnesses, to make any Lease or Leases, Demises or Grants in possession of the said Mannor and premises, and every or any part or parts thereof, unto any person or persons whatsoever, for any time or number of years, not exceeding 21 years, so as such Lease or Leases, Demises or Grants, do not extend or be made of the premises herein before limited to the said E. R. for her Life, for her jointure, and so as upon all and every such Lease and Leases of the said Mannor and premises, there be reserved yearly payable, during the continuance thereof, of the best and most improved Rents that can or may be had or gotten for the same, any thing herein before contained to the contrary notwithstanding. And the said T.A. Sen. and T.A. Jun. Covenant, that Grantors are seized. for themselves, their Heirs, Executors and Administrators, do covenant and grant to and with the said S. R. and R. R. their Heirs and Assigns, by these presents, That notwithstanding any act, matter or thing made, committed or done, or witting or willingly suffered by the said T. A. Sen. and T.A. Jun. or either of them to the contrary, They the said T.A. Sen. and T.A. Jun. now are, or one of them is and standeth lawfully and rightfully seized of and in the said manors, messages, Farms and Closes, and all and singular other the premises herein before-mentioned and intended to be hereby granted, with their and every of their Appurtenances, of a good, sure, perfect, absolute and indefeazible Estate in Fee-simple, and now have or one of them hath good right, full power and authority, to grant and convey the said Mannor and all other the premises, with their Appurtenances, to the several and respective Uses upon the Trusts and under the Provisoes herein before declared and contained. That the premises limited for jointure are of such a yearly value, and free from encumbrances. And that the said messages, Farms, Closes, Plots and other the premises herein before limited to the said E. R. for her Life, and for her jointure, now are and be of the full clear yearly value of, &c. over and above all charges, encumbrances and Reprizes, public Taxes only excepted, and that notwithstanding any act or thing, as aforesaid, the said Mannor, messages, Farms and Closes shall remain, continue and be to the several and respective uses and intents, upon the Trusts and under the Provisoes herein before declared and contained free and clear, and freely and clearly acquitted and discharged, or saved harmless of and from all and all manner of former and other Gifts, Grants, Bargains, Sales, Leases, Mortgages, jointures, Dowers, Uses, Wills, cavils, Debts, Statutes, recognisances, Judgments, Extents, Executions, and all former and other Estates, Titles, Troubles, Charges, Burdens and encumbrances whatsoever, had, made or done, or to be had, made, done or committed by the said T.A. Sen. and T. A. Jun. or either of them, their or either of their Heirs and Assigns, or any other person or persons lawfully claiming or to claim, in, by, from or under them, or either or any of them, their, or either or any of their Estates, Right, Title, Act, Means, Consent or Procurement. Covenant for further assu●●nce. And further, The said T.A. Sen. and T. A. Jun. for them, their Heirs, Executors and Administrators, do covenant and grant to and with the said S.R. and R.R. their Heirs and Assigns by these presents, That they the said T. A. Sen. and T. A. Jun. and their Heirs, shall and will from time to time, and at all times during the space of 7 years next ensuing the Date hereof, upon the Request and at the Costs and Charges in the Law of the said S.R. and R. R. their Heirs or Assigns, do, make and execute, or cause or procure to be made, done and executed all and every such other and further act and acts, Conveyances and Assurances in the Law whatsoever, for the further, better and more perfect and absolute Conveying, settling and assuring the said Mannor, messages, Farms, Closes, Plots, and all and singular other the premises herein before-mentioned and intended to be hereby granted, with their and every of their Appurtenances, to the several and respective uses and intents, upon the Trusts and under the Provisoes herein before declared and contained, be, &c. the said further Assurance by Fine or Fines, Recovery or Recoveries, or otherwise howsoever, as by the Counsel Learned in the Law of the said S. R. and R. R. their Heirs or Agssins, shall be reasonably devised or required, so as the Parties thereunto be not hereby compelled or compellable to travail above, &c. Miles from the place or places of their usual abode for making thereof. In witness, &c. A Settlement before Marriage by the intended Husband and Wife of the Wives Estate Real and Personal, That if the Husband do not in such a time settle upon her Lands of such a value for her jointure, and likewise settle Lands upon their Issue, then Trustees to stand seized and possessed to her use only; Husband not to intermeddle, but all to be at her sole disposal. By Sir J.L. Pro Lease and Release, vid. Tit. Bargain and Sale. THis Indenture, &c. Between M. N. of, &c. and S.T. of, &c. of the one part, and E.F. G. H. and J. K. of, &c. of the other part. Whereas there is a Marriage intended to be shortly had and solemnized between the said M.N. Recital of the intended Marriage. Recital of Mortgage in Fee. and S.T. And whereas A.B. of, &c. by his Indentures of Lease and Release, bearing date, &c. for the Consideration therein mentioned, did bargain, sell, give, grant, release and confirm unto the said S.T. her Heirs and Assigns, all, &c. To Have and to Hold the same, and every part thereof unto the said T.S. her Heirs and Assigns for ever: In which said Indenture of Release is contained a Proviso or Condition in these words or to this effect following, viz.[ Provided always, &c. Recite the Proviso.] And whereas the said Sum of, &c. nor any part thereof, was not paid at the day and place before-mentioned for payment thereof, nor at any time since, by reason whereof the said Indenture became absolute, and the Estate of and in the said, &c. and premises lawfully and absolutely vested in the said S.T. And whereas C.D. of, &c. by his Indenture of Demise or Grant, bearing date, &c. for the Consideration therein mentioned, Recital of Mortgage for years. did demise, grant, bargain and sell unto the said S.T. her Executors, Administrators and Assigns, all, &c. To Have and to Hold unto the said S. T. her Executors, Administrators and Assigns, for, during and unto the full end and Term of 1000 years from thence next ensuing and fully to be complete and ended, without impeachment of or for any manner of Waste: Yielding and paying therefore yearly and every year, during the said Term, the yearly Rent of one Pepper-corn at the Feast of S. Michael, if the same shall be lawfully demanded. In which said Indenture there is also contained a Proviso or Condition in these words, or to this effect following, viz.( Provided always, &c. ut prius) As in and by the said Indenture of Demise or Grant, relation being thereunto had, may appear. And whereas the said Sum of, &c. in the said recited Proviso in the said Indenture of Demise mentioned, nor any part thereof, was not paid at the day and place therein mentioned for payment thereof, nor at any time since, whereby the said Estate and Term for 1000 years, became absolute to the said S. T. Recital of the Personal Estate. And whereas the said S.T. is possessed of divers Jewels, Plate, householdstuff and Money of a very considerable Value, which by act of Law will become the proper Goods and Chattels of him the said M.N. upon the Consummation of the said Marriage. Covenant to make a Settlement on Wife by a certain day. And whereas it is agreed by and between all the said Parties to these presents, And the said M. N. doth for himself, his Heirs, Executors and Administrators, covenant, promise, grant and agree to and with the said E. F. G. H. and J.K. their Heirs, Executors, Administrators and Assigns, and to and with every of them by these presents, That he the said M. N. shall and will at or or before the 10th day of, &c. next ensuing the date hereof, well and sufficiently settle, convey and assure unto the said S. T. or to such person or persons as they the said E. F. G. H. and J. K. shall nominate and appoint as Trustees on the part and behalf of the said S.T. by way of jointure for her Life, so much Lands as shall be of the clear yearly value of, &c. per Annum( ultra Reprisas) for Term of her life, without impeachment of Waste, freed and discharged of and from all encumbrances whatsoever, in Title, Charge, Estate or otherwise. The same Conveyance and Settlement to be made in such manner and form, as they the said E.F. G.H. and J.K. the Survivors and Survivor of them, his and their Heirs and Assigns, or their or any of their Counsel Learned in the Law shall advice. Covenant to settle Lands on Children. And that he the said M.N. shall likewise settle, convey and assure before the said 10th day of, &c. aforesaid, as the said Counsel of the said E. F. G. H. and J. K. shall advice upon such Child or Children as the said M. N. shall beget upon the Body of the said S. and the Heirs of the Body or Bodies of such Child or Children, so much Land as shall be worth and of the clear yearly value of, &c. at the least ( ultra reprisas.) Now these present Indentures are further to witness, That they the said S.T. and M. N. for divers good Causes and Considerations them thereunto especially moving, Grant and Assignment of all Freehold and other Personal Estate. Have given, granted, aliened, sold, enfeoffed, confirmed, assigned and set-over, and by these presents do give, &c. unto the said E. F. G.H. and J.K. as well all and singular the said, &c. and premises which she the said S. T. purchased in manner and form as aforesaid, of and from the said A. B. situate and being in, &c. as aforesaid,( in their actual possession, now being by virtue of one Indenture of Bargain and Sale to him thereof made by the said S. T. bearing Date the day before the Date of these presents, and by force of the Statute for Transferring of Uses into possession:) To Have and to Hold the same, and every part and parcel thereof, unto them the said E.F. G.H. and J.K. their Heirs and Assigns for ever, unto the several Uses, and upon and under the several Trusts herein after mentioned and declared concerning the same: As also all that the aforesaid, &c. and premises, with their and every of their Appurtenances, which she the said S. T. purchased of and from the said C. D. for the Term of 1000 years as aforesaid: To have and to hold the same, and every part and parcel thereof, unto him the said E. F. G. H. and J. K. their Executors, Administrators and Assigns, for and during all the rest and residue of the said Term of 1000 years therein yet to come and unexpired. Nevertheless, to the uses, intents and purposes, and upon and under the Trusts, Limitations and Agreements herein after mentioned and declared concerning the same. And also the said S. T. and M. N. have given, granted, and freely and voluntarily delivered unto the said E.F. G.H. and J.K. their Executors, Administrators and Assigns, all the Money, Plate, Jewels, Deeds, Evidences, Bills, Bonds and specialities, Goods, Chattels and Personal Estate, which in any manner did, or doth belong unto the said S.T. Nevertheless, to the uses, intents and purposes herein after declared and expressed. And it is declared and agreed by and between all and every the said Parties to these presents, and it is the true intent and meaning of these presents, and of the Parties to the same, That the said several and respective Gifts, Grants, Alienations, Bargains, Sales and Assignments herein before made to the said E. F. G.H. and J.K. in manner and form above expressed are respectively made, upon Trust and Confidence as well of him the said M. N. as of her the said S. T. If the Husband make such a Settlement by such a day, then Trustees to stand seized to his and his Wives use. That in case the said Marriage shall take effect, and the said M. N. shall within the time above limited, well and sufficiently convey and assure unto the said S. T. or to such person or persons as they the said E. F. shall nominate and appoint as Trustees for the use of her the said S. T. so much Lands as shall be worth, and of the yearly value of, &c. ( ultra reprisas) for Term of her Natural life by way of jointure, and shall make such further provision for such Child or Children as he shall beget on the Body of the said S. within such time, and of such value as is above covenanted, concluded and agreed upon, over and above all Rents, Charges and Reprizes, That then they the said E.F. G.H. and J.K. and the Survivors or Survivor of them, his and their respective Heirs, Executors, Administrators and Assigns, shall from thenceforth stand and be respectively seized and possessed of and in all the above-mentioned, Lands, Chattels and premises, with their and every of their Appurtenances, to the use of them the said M.N. and S. T. and of their Heirs, Executors and Administrators respectively: And that then they the said E.F. G.H. and J.K. and the Survivors and Survivor of them, his or their respective Heirs, Executors, Administrators and Assigns, upon convenient Notice or Warning to them given, And to Reconvey accordingly. shall Re-convey and Transfer unto the said M. N. and S. T. their Heirs, Executors, Administrators and Assigns, all and every the said Lands, Tenements, Goods, Chattels and premises, with their and every of their Appurtenances. And that if he the said A. B. If Mortgagor be admitted to redemption Trustees to pay M.N. the Principal and Interest received thereon. his Heirs or Assigns, shall at any time hereafter be admitted to the redemption of the said premises, which at present are forfeited as aforesaid, That then they the said E. F. G. H. and J. K. and the Survivors and Survivor of them, his and their Heirs, Executors, Administrators, and Assigns, shall and will pay and deliver, or cause to be paid and delivered all such principal Money, Interest and Damages as shall come to their hands for the same, unto the said M. N. his Executors, Administrators and Assigns. And in like manner, if the said C. D. his Executors, Administrators or Assigns, shall at any time hereafter be admitted to the redemption of the said, &c. and premises so forfeit as aforesaid, That then they the said E. F. G. H. and J. K and the Survivors and Survivor of them, his Executors, Administrators or Assigns, shall and will pay and deliver, or cause to be paid and delivered all such Principal Money and Interest as shall come to their hands for the same, to the said M. N. his Executors, Administrators or Assigns: And that they the said E.F. G.H. and J.K. the Survivors and Survivor of them, his Executors, Administrators and Assigns, shall and will grant, re-deliver and re-convey unto the said M.N. all such Jewels, Plate, Money and householdstuff as they or any of them shall have in their hands by reason of these presents, and which in any manner did or doth belong unto the said S. T. And the said M. N. and S. T. If M N. do not make such Settlement as aforesaid, then Trustees to stand seized and possessed to the use of S. for themselves, their Heirs, Executors and Administrators, do covenant, promise, grant and agree, to and with the said E. F. G. H. and J. K. their Heirs, Executors, Administrators and Assigns, That if the said M.N. shall not make such Provision or Settlement by way of jointure unto the said S.T. of Lands and Tenements, of the full yearly value of, &c. above all deductions and Reprizes whatsoever, and of an indefeazible Title, for Term of her Natural life, freed from all encumbrances as aforesaid, and shall not make such further Provision and Settlement for and on the behalf of such Child or Children as he the said M. N. shall beget upon the Body of the said S.T. within such time and of such value, and in such manner and form as is before declared, and according to the true intent and meaning of these presents, That then they the said E.F. G.H. and J.K. and the Survivors and Survivor of them, his Heirs, Executors, Administrators and Assigns respectively, shall stand and be respectively seized and possessed of all and singular the said Lands, Tenements and Hereditaments, and of all such Sum and Sums of Money as shall be paid by the said A.B. and C.D. or either of them, their or either of their Heirs, Executors, Administrators or Assigns, for or in respect of their several Redemptions of their several and respective Estates above-mentioned, and of all other the said Jewels, Plate and householdstuff, to the only use and behoof, and for the sole benefit, maintenance and disposition of the said S. T. and of all such Child or Children as he the said M. N. shall beget on the Body of her the said S. T. and to no other use, intent or purpose whatsoever. And further also, That he the said M.N. his Heirs, Executors, Administrators and Assigns, or any of them, shall not or will not at any time during the said intended Coverture, or afterwards intermeddle with any part of the Estate Real or Personal, which did or doth belong unto her the said S. T. nor with the Rents, Issues or Profits thereof, nor shall in any manner arrest, sue, M.N. not to sue Trustees. implead or trouble by any svit, either in Law or Equity, them the said E.F. G.H. and J.K. the Survivors and Survivor of them, his Heirs, Executors, Administrators or Assigns, or any of them, upon the colour or pretence of having any right to any of the said Lands, Tenements, money, Goods or Chattels which did or doth belong unte the said S. T. But permit 'em to dispose, But that he the said M. N. shall permit and suffer the said E. F. G. H. and J. K. their Heirs, Executors, Administrators and Assigns, to dispose of all and singular the said Lands, Tenements, money, Plate, householdstuff, Goods and Chattels whatsoever, at their discretion, for the sole use, To the use of S T. for life, Then to the use of her Children. benefit and behoof of the said S. during her life, and for the benefit and behoof of such Child or Children as she the said S. shall have at the time of her decease. And if it shall please God that she the said S. For want of Children, as she shall appoint. shall have no Child or Children at the time of her decease, then to such person and persons as she the said S. T. shall at any time, during her Natural life, whether she shall be then Sole or Married, by any Writing under her Hand and Seal, executed in the presence of two or more credible Witnesses, or by her Last Will and Testament in Writing testified as aforesaid, direct, nominate and appoint. Such as she appoints, to enjoy quietly. And that all and every such person and persons to whom she the said S. shall so dispose the same, or any part thereof, or the Rents, Issues, Profits or benefit thereof, or of any part thereof, shall and may at all times hereafter, peaceably and quietly receive, hold and enjoy the same, without the let, svit, trouble, claim and demand whatsoever, either in Law or Equity, of him the said M. N. his Executors, Administrators and Assigns, or any other person or persons, claiming by, from or under him or them, or to his or their use or uses, or by his and their consent, privity or procurement. In witness, &c. A special Settlement of two Estates upon Marriage, where the Estates pass by Fines and Recoveries, Covenants for levying the Fines and suffering the Recoveries, the Conusees in the Fine to be Tenants to the Praecipe in the Recoveries, with provisions for Annuities, jointures for first and other Wives, payment of Debts, Maintenance, Education and Portions of younger Sons and Daughters, provisions for making Leases, and other nice Limitations and Trusts. By Sir J.K. THis Indenture Quadripartite, made the, &c. Between E. B. late Wife of C. B. of, &c. and Daughter and Heir of F.G. of, &c. D.B. Esq; Son and Heir of the said C. B. and Heir apparent of the said E.B. of the first part, J.K. Relict of Sir T. K. of, &c. deceased, and S. K. sole Daughter and Heir of the said Sir T. K. and Heir apparent of the said J. K. of the second part, M.N. of, &c. and O.P. of, &c. of the third part, and R.S. T.V. and W.K. &c. of, &c. of the fou●th part. Whereas a Marriage, by the Grace of God, is intended to be shortly had and solemnized between the said D. B. and the said S. K. Now this Indenture witnesseth, That in Consideration Consideration. of the said intended Marriage, and for a provision of livelihood to be made to and for the said E. B. and J. K. for their respective Lives, and for the payment, satisfaction and discharge of such Debt of the said C. B. and Sir T.K. as they or either of them did owe at the times of their respective Deaths, being their own proper Debts, and such wherein they are not Security for, nor stand obliged in, for any other person or persons, by such means as is herein after expressed and declared, and for raising Portions for the younger Sons, and all and every Daughter and Daughters of the said C.B. and for a competent and convenient jointure to be had and assured to and for the said S.K. in case after the said intended Marriage so to be had and solemnized as aforesaid, she the said S. L. shall happen to survive and over-live the said D. B. her intended Husband, and in full satisfaction of all Dower and Right and Title of Dower, which she the said S. K. might or could at any time hereafter claim or demand, out of or in any the manors, Lands or Hereditaments, which now are or hereafter shall be of the said D B. And to the intent that all the manors, messages. Lands and Hereditaments herein after mentioned of the said D. B. and E.B. and either of them, and of the said J K. and S.L. and either of them, may be settled and be and continue, so long as it shall please God, in the Name and Blood of them the said, &c. and to the several and respective uses, intents and purposes, upon and under the several Trusts, Provisoes and Limitations, Conditions and Agreements herein after declared and contained, It is covenanted, concluded and agreed by and between all the said Parties to these presents, And the said J. K. and S.K. for themselves, their Heirs, Executors and Administrators, do covenant, promise and agree to and with the said M. N. and O. P. their Heirs and Assigns, Covenant for levying a Fine by J.K. and S.K. by these presents, That they the said J.K. and S.K. shall and will on this side and before the end of Michaelmas Term next ensuing the date hereof, in due form of Law, levy and aclowledge before his Majesties Justices of the Court of Common-Pleas at Westminster, or before some other person or persons in that behalf to be lawfully authorised, one or more Fine or Fines Sur Conuzance de droit come ceo, &c. with Proclamations thereupon to be had and made, according to the usual course of Fines with Proclamations for assurance of Lands in such cases used, and the form of the Statute in that behalf made and provided, unto the said M. N. and O. P. and their Heirs, or the Heirs of one of them, of all those the manors of, &c. in the County of C. with their and every of their Rights, Members and Appurtenances, and of all other the manors, messages and Hereditaments of them the said J.K. and S. K. or either of them, or whereof or wherein the said J. K. or S. K. or either of them, hath any Estate of Freehold or Inheritance in Possession, Reversion or Remainder, and of the Reversions and Remainders of all and singular the premises, and of every part thereof, the said Fine or Fines to be by the name of, &c. or by such other convenient name or names, additions, descriptions, quantities, qualities, contents and numbers of Acres or otherwise, in such manner and form as by them the said M.N. and O.P. or either of them, their or either of their Heirs or Assigns, or any of them, their or either of their Counsel Learned in the Law, shall be thought fit and convenient. And it is declared and agreed by and between all and every the said parties to these presents, and in particular the said J.K. and S.K. do, and every of them doth, for themselves, their Heirs and Assigns, declare and agree that the said Fine, Enurement of Fine. so as aforesaid or in any other sort to be levied and executed, and all and every other Fine and Fines, Conveyances and Assurances had and executed by and between the said Parties to these presents, or any of them, or whereunto they or any of them shall be party or parties of the said Mannor and premises, and of every part and parcel thereof, shall be and enure, and are meant and intended, and are hereby declared to be and enure, and the said M. N. and O. P. Cognizees in the said Fine to be name, and their Heirs shall stand and be seized of and in all and singular the said premises, with their and every of their Appurtenances, To the use of the said J. K. and her Assigns, until the said Marriage shall be had and solemnized, and immediately from and after the solemnization thereof, to the several uses, intents and purposes, and upon and under the several and respective Trusts, Provisoes, Limitations and Appointments herein after expressed and declared concerning the same;( That is to say,) As, for and touching all that, &c. to the use and behoof of the said J.K. and her Assigns, First, to the use of J. K. for her Natural life. for and during the Term of her Natural life, without impeachment of or for any manner of Waste, and as for and concerning all the rest and residue of the said manors, Hereditaments and premises, the said Fine shall be and enure, and the said M.N. and O.P. Cognizees in the said Fine to be name, and their Heirs, shall stand and be seized thereof, and of every part thereof, immediately from and after the solemnization of the said intended Marriage, to the use of the said J. K. until the last day of M●rch, next ensuing the date hereof, and afterward, to the use and intent that she the said J. K. and her Assigns, for and during the Term of 90 years( if she the said J.K. Annuity of, &c. per Ann. to J.K. for li●e shall so long live) may have and receive out of the premises, one Annuity or yearly Rent of, &c. of lawful Money of England, to be paid at or, &c. without any deduction, defalcation or abatement for any Taxes, cause or thing whatsoever, at the Feast of S. Michael the Archangel and the Feast of the Annunciation of, &c. by even and equal portions, the first payment to be made at the Feast of, &c. next ensuing; and to the intent that if it shall happen the said yearly Rent or Sum of, &c. or any part or parcel thereof, to be behind and unpaid by the space of 30 days next after either of the said Feast-days or days appointed for the payment thereof as aforesaid, That then and so often it shall and may be lawful to and for the said J.K. and her Assigns, into the said premises before charged therewith, or into any part or parcel thereof to enter, and the Goods and Chattels thereupon found to distrain, for the said Annuity or yearly Rent of, &c. and all the Arrearages thereof, if any such be, together with the said Sum of 10 s. Nomine poenae herein after limited and mentioned for every day that said Annuity or yearly Rent of, &c. or any part thereof shall be behind and unpaid by the space of 30 days next after either of the said Feasts or Days whereon the same ought to be paid as aforesaid, and the Distress Distress. and Distresses then and there found to take, led, drive, and carry away, and the same to impound, or otherwise to detain and keep until she shall be so satisfied and paid, the said Annuity or yearly Sum of, &c. and all the Arrearages of the same, together with the Penalties for default of payment hereafter limited and appointed as aforesaid. And to this intent also, That if the said Annuity or yearly Rent of, &c. or any part thereof be behind or unpaid in part or in all by the space of 30 days next after either of the said Feasts or Days of payment aforesaid, That then and so often she the said J.K. and her Assigns, shall and may have and receive out of the said premises the Sum of 10 s. Nomine poenae Nomine poenae. for every day that the same Annuity or yearly Sum of, &c. or any part thereof shall be behind and unpaid above 30 days next after either of the said Feasts or Days above limited for payment thereof, as aforesaid. And as, for and concerning all the said manors, &c. and premises charged with the said yearly Rent or Sum of, &c. as aforesaid, with their and every of their appurtenances, to the use of the said R.S. T.V. and W.K. for and during the Term of 90 years( if the said J.K. shall so long live) upon the Trusts in that behalf hereafter expressed. But nevertheless, for the further security of the payment of the said Annuity or yearly Rent of, &c. unto the said J.K. and under and subject unto this Proviso or Limitation;( That is to say,) That if it shall happen the said yearly Rent or Sum of, &c. shall be behind and unpaid unto the said J. K. above 50 days after the said Feasts or Days of payments, If unpaid 50 days after, J.K. may revoke the Uses. on which the same ought to be paid as aforesaid, That then the said J. K. shall or may by any Writing or Writings under her Hand and Seal, executed in the presence of two or more credible Witnesses, signify and declare her mind to be to revoke and to have the Use and Estate before limited to the said R.S. T. V. and W. K. for 90 years( if she so long live) to be voided, That then and from thenceforth, and from and after such signification and declaration had and made, the said Use and Estate and Term limited to them the said R.S. T.V. and W.K. shall cease and be utterly voided, and that then and from thenceforth the said Fine. shall be and enure, and the said M. N. and O. P Cognizees therein name, and their Heirs, shall stand and be seized of and in the premises before-mentioned, to be charged with the said Annuity or yearly Rent of, &c. aforesaid, with their appurtenances, to the use of the said J. K. for and during the Term of her Natural life, for the further security of the payment of the said Annuity or yearly Sum of, &c. to the said J.K. and her Assigns, as aforesaid. And as for and concerning the said Mannor of, &c. and all and singular other the Lands, &c. and premises in, &c. as the Estates herein before limited concerning the same shall end and determine, and as for and concerning all, &c. the said Fine shall be and enure, and the said M. N. and O. P. Cognizees in the said Fine and their Heirs shall stand and be seized thereof, and of every part thereof, to the use of the said R. S. T. V. and W.K. Second Limitation for 90 years, if D.B. so long live. for and during the Term of 99 years,( if the said D. B. shall so long live) upon the Trust hereafter in that behalf declared and expressed. And from and after the expiration or other determination of the said Term of 90 years, Remainder to S.K. for life. to the use of the said S. K. for and during the Term of her Natural life, without impeachment of or for any manner of Waste, and from and after the expiration or other determination of the said several Estates of 90 years, Remainder to Trustees to preserve contingent Uses. ( if D. B. live so long) and the Estate for life of the said S. K. Then to the use of the said R. S. T.V. and W. K. and their Heirs, for and during the Terms of the Natural lives of them the said D.B. and S. K. and the Survivor of them, upon Trust to support and preserve the contingent Uses and Estates herein after limited from being defeated or destroyed, and to that end to make one or more Entry or Entries, as the case shall require. But nevertheless, to permit and suffer the said S. K. and her Assigns, during her life, after the decease of the said D.B. to receive and take the Rents, Issues and Profits thereof. And from and after the decease of the said D. B. and S. K. and the Survivor ofs them, then to the use of Trustees for 500 year upon the Trusts hereafter declared; and after determination of that Estate, then to the use and behoof of the first Son of the Body of the said D.B. on the Body of the said S. K. Remainder to 1st Son, &c. lawfully begotten and to be begotten, and of the heirs Males of the Body of such first Son lawfully issuing; And for default of such Issue, to the use of the second, &c. and for default, &c. to third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and all and every other Son and Sons of the Body of the said D. B. on the Body of the said S.K. lawfully to be begotten, severally and successively one after another, as they and every of them shall be in seniority of Age and priority of Birth, and of the several and respective heirs Males of the Bodies of all and every such Sons and Sons lawfully issuing, the elder of such Sons and the heirs Males of his Body lawfully issuing, being always preferred before the younger of such Sons and the heirs Males of his Body lawfully issuing; and for default of such Issue, to the use of the said J. K. Remainder to J.K. for life. for and during the Term of her Natural life, without impeachment of or for any manner of Waste, and from and after her decease, to the use of the right Heirs of the said S. K. for ever, Remainder to the right Heirs of S.K. and to and for no other use intent and purpose whatsoever. And this Indenture farther Witnesseth, That for and upon the Considerations aforesaid, It is further covenanted, concluded and agreed by and between the said Parties to these presents, And the said E.B. and D.B. for themselves, their Heirs, Executors and Administrators, do covenant, promise and agree to and with the said M. N. and O.P. Covenant for Levying of a Fine by E. B. and D.B. and their Heirs by these presents, That they the said E. B. and D. B. shall and will on this side and before the end of Michaelmas Term next ensuing the date of these presents, in due form of Law, levy and aclowledge before his Majesties Justices of the Court of Common-Pleas at Westminster, or before other person or persons in that behalf to be lawfully authorised, one or more Fine or Fines Sur Conuzance de droit come ceo, &c. with Proclamations thereupon to be had and made according to the usual course of Fines, with Proclamations for assurance of Lands in such cases used, and the form of the Statute in that behalf made and provided, unto the said M. N. and O. P. and their Heirs, or the Heirs of one of them, of all, &c. whereof or wherein the said E. B. and D. C. have, or either of them hath any Estate of Freehold in possession, Reversion or Remainder, the said Fine or Fines to be by the name of, &c. or by such other descriptions, quantities, qualities, contents and numbers of Acres, or otherwise, in such manner and form as by them the said M.N. and O. P. or their Heirs, or any of them, shall be thought fit and convenient. And it is declared and agreed by and between all and and every the said Parties to these presents, and particularly the said E. B. and D. B. do, and either of them doth, for themselves their Heirs and Assigns, declare and agree, That the said Fine, so or in any other manner to be had and executed by and between the said Parties shall be and enure, and is hereby declared to be and enure, and the said M. N. and O. P. and their Heirs, shall st●nd and be seized of the said premises, Enurement of the Fine, to make them Tenants to the Praecipe. with their Appurtenances, to the use of them the said M. N. and O. P. and their Heirs, until and to the intent that several good and perfect Common Recoveries may be thereof had and suffered, and to the end to make them the said M.N. and O.P. perfect Tenants of the Freehold of the said premises, for one or more Writ or Writs of Praecipe to be brought against them the said M.N. and O.P. whereupon several Common Recoveries may be thereupon had and suffered, Covenant for a Writ of Entry for suffering a Recovery. as is hereafter expressed. For which purpose, It is covenanted, concluded and agreed by and between the said Parties to these presents, That it shall and may be lawful to and for the said R.S. and T.V. to sue forth and prosecute out of the High Court of Chancery, returnable in the said Court of Common-Pleas at Westminster, one or more Writ or Writs of Entre sur disseisin en le Post, against them the said M. N. and O.P. thereby demanding by apt and convenient names, descriptions and numbers of Acres, the said manors of, &c. and all and singular other the premises in the said County of, &c. To which said Writ or Writs of Entry the said M.N. and O.P. shall personally appear gratis at the same day and place of the return thereof, and after Declaration made against them, then and there( according to the nature of the same Writs) shall and will the same day make their defeasance and vouch over to Warranty the said E.B. who shall likewise gratis appear and enter into the same Warranty and vouch over the Common Vouchee in that Court, who shall also appear and imparl, and after Imparlance made shall depart in Contempt of the said Court, so as judgement may be thereupon had and given for the said R. S. and T. V. to recover the said manors and premises against them the said M.N. and O. P. and for them to recover in Value against the said E.B. Double 〈◇〉 covery. and for her to Recover in value against the Common-Vouchee. And also one or more Writ or Writs of Entry Sur disseisin en le Post, returnable as aforesaid against the said M.N. and O.P. thereby demanding by like apt and convenient names, descriptions and numbers of Acres the said manors, &c. To which Writ or Writs the said M. N. and O. P. shall personally appear gratis at the day and place ( ut supra) and vouch to Warranty the said D. B. who shall likewise appear and enter into Warranty, and vouch over to Warranty the Common Vouchee of the same Court, who shall likewise appear gratis and imparle, and after Imparlance depart in Contempt of the Court, so as judgement may be thereupon had and given for the said R. S. and T. V. to recover the said manors and premises in, &c. against the said M. N. and O. P. and for the said M. N. and O. P. to recover in Value against the said D. B. and for him to recover over against the Common vourcher. And that all and every act and acts may be done and executed, needful and requisite for the having and executing of several good and perfect Common Recoveries of all and singular the said manors and premises, with their several and respective Appurtenances with several and respective Vouchers over as aforesaid, according to the usual course of Common Recoveries for assurance of Lands in such cases used. And it is declared and agreed by and between all the said Parties to these presents, That the said Fine and Fines, so or in any other manner to be had and levied of the said manors of, &c. in the said County of, &c. and the Recovery and Recoveries so or in any other manner to be had and suffered, and the Cognizees in the said Fine or Fines name, and the said Recoveror and Recoverors in the said Recoveries, shall stand and be seized of all, &c. To the several uses, Declaration of Uses of Fine and Recovery. intents and purposes hereafter limited and declared concerning the same;( That is to say,) To the use, &c. ( Limit the several Uses with a limitation of a Term of 〈◇〉 years to Trustees upon Trusts following, &c. Remainder to Issue Male, &c.) And for default of such Issue, to the use and behoof of the said S. K. If Wise be Privement enseint. in case she be Privement enseint or with Child at the time of the decease of the said D. B. until she be Delivered of such Child or die, which of them shall first happen, and if such Child shall be Born living, and shall be a Son, then to the use of that after-born Son, and the heirs Males of his Body issuing: And if such after-born Child shall not be a Son, or if such after-born Son shall die without Issue Male of his Body lawfully begotten, or if the said S. K. shall die without any Son of her Body begotten by the said D.B. Then to the use of the right Heirs of the said D. B. for ever. And as for and concerning all, &c. and all and singular other the premises intended to be comprised in the said Fine and Recoveries, whereof no use is before in and by these presents declared. After the solemnization of the said intended Marriage the said Fines and Recoveries shall be and enure, Limitation to Trustees. and the said Cognizees and Recoverors therein name, shall stand and be seized thereof, and of every part thereof, to the use and behoof of the said R. S. T. V. and W. K. and the Survivors and Survivor of them, their Heirs and Assigns for ever. And it is declared, That the same is so limited to them upon the Trusts following;( That is to say,) Upon Trust and to the end, That they the said R. S. T. V. and W. K. and the Survivors and Survivor of them, his and their Heirs and Assigns, shall( with what convenient speed may be) make Sale of the said Lands and premises so limited unto them, To sell Lands for raising a Sum of Money. at and for the best Price that can or may conveniently be had or gotten for the same, and that by and out of the Moneys raised by such Sale, and out of the Rents and Profits in the mean time, they shall pay unto the said J. K. her Executors or Administrators, the Sum of, First, To pay Debts. &c. of lawful Money of England, for the full payment and discharge of the Debts of the said Sir T.K. deceased, and in the mean time, until the said Sum of, &c. shall be paid her, shall and may out of the Rents and Profits of the same premises, and out of the Moneys to be raised by the Sale thereof, answer and pay unto the said J.K. her Executors, Administrators or Assigns, for or in respect of the Interest for forbearance of the said, &c. from the, &c. day of, &c. next ensuing the date hereof, the yearly Sum of, &c. at, &c. The first payment to be made at, &c. and so after the rate of, &c. per Annum, for all the time that shall happen to be between the said, &c. day of, &c. aforesaid, until such time as the said Sum of, &c. shall be paid unto her the said J. K. without any deduction for Taxes, or otherwise. And after the said Money for Interest, and the said, &c. Pounds shall be paid in as aforesaid, Secondly, For raising Childrens Portions. Then the said Trustees, their Heirs and Assigns shall dispose of the Overplus of the Money to be raised by the Sale of the said manors and premises aforesaid, unto J.B. H.B. and M.B. two of the Daughters and second Son of the said E.B. to be paid to their hands, for and towards the raising Portions, together with the other Provisions herein after provided, the several Sums of, &c. for each and every of the said J.B. H.B. and M. B. for their several and respective Portions as aforesaid. And as for and concerning all that the said Mannor of, &c. to the use of the said Trustees, and the Survivors and Survivor of them, his and their Executors and Administrators, and the said Estates and Terms are so respectively to them limited, upon the Trusts herein after expressed and declared;( That is to say,) Upon Trust, and to the intent and purpose, That the said J. K. Services reserved to J.K. shall and may from time to time, have and enjoy to her own use the Rents and Services usually performed by the Tenants of the Mannor of A. not exceeding 20 cartload of Carriages in any one year. And to the intent, that by and out of the other Rents and Profits of the said manors and premises so to them limited as aforesaid, they the said( Trustees) their, &c. shall and may from time to time satisfy and pay unto the said E. B. or her Assigns, the yearly Sum of, &c. at, &c. for and towards the Maintenance and Education of F. G. and H. the younger Sons of her the said E.B. as( the Ages of her said younger Sons, Provision for younger Sons. and other Circumstances considered) she the said E.B. and her Assigns, shall in her and their discretion think fit, so as the same do not exceed, &c. Pounds per Annum, for any one of the said younger Sons; Overplus of Profits to make up Portions before limited to the other Daughters and Sons. and shall and may dispose of the Overplus of the Rents and Profits of the said manors and premises aforesaid, for and towards the supplying up the said several and respective Sums or Portions of, &c. Pounds apiece of the said H. B. J. B. and M. B. so far forth as the Provisions herein before in that behalf made shall fall short, and not otherwise. And for the raising the several Sums of, &c. for each and every of them the said F. G. and H. Portions for younger Sons, payable at 21 years, or Marriage, if Marriage be with Consent. for their Portions, to be respectively paid unto them at their several and respective Ages of 21 years, or Days of Marriage, which of them shall first happen, or so soon after as the same may conveniently be raised, so as such Marriage be by and with the Consent of the said E. B. their Mother, during her Life, and after her decease, with the Consent of the said D. B. their Brother: But with this Limitation and Declaration, That then and so often as any one of them the said F. G. and H. shall have received and be paid his or their Portion or Portions, that then and from thenceforth the said yearly Sum and Sums of, &c.( before limited to them for their Education and maintenance) for each and every of them so receiving his or their Portion or Portions, shall be abated and detained out of the, As each is paid his Portion, his Education money to be abated, to help to make up Portions of the rest. &c. Pounds before-mentioned, to be paid to the said E B. for the Maintenance and Education of the said Sons; And that then and from thenceforth the same yearly Sums of, &c. so to be abated and retained, shall go and be disposed and employed for and towards the better supplying and making up of the said Portions or Sums of, &c. apiece for the said J. B. H. B. and M. B. and for the better and more speedy raising of, &c. Pounds apiece for such of them the said F. G. and H. whose Portions shall not be so received and paid. And it is declared and agreed by and between all the said Parties to these presents, That the Portions of, &c. apiece, to the said J. H. and M. B. shall be paid to them successively, according to their respective Seniorities in years, Each to be paid according to their Seniorities. viz. First to the said J. next to the said H. and after to the said M.B. And furthermore, That if the respective Portions of the said Children hereby provided for, shall not be paid at their respective Ages of 21 years, And Interest from 21 years, till paid. That then each of the said Children shall have allowed Interest for their said Portions, from their respective Ages of 21 years till the same Portions shall be respectively paid, after the Rate of 6 l. per Cent. per Annum, to be raised out of the said Lands, and to be paid to the said Trustees half yearly; And with this Proviso and Limitation also, That in case it shall happen any of them the said F. G. and H. shall depart this Life before his or their said Portion or Portions shall become due and payable to him or them, That then and from thenceforth the Portion or Portions of him or them so dying shall determine, and not he payable and paid: And that then and from thenceforth the said manors and premises Charged with the raising thereof, shall be clearly and absolutely discharged thereof, and other the said Maintenances shall be raised and paid, according to the true intent and meaning of these presents; And that the said Trustees, their, &c. shall stand and be possessed of the said premises, for and during the respective Terms to them limited as aforesaid, Trustees to stand possessed of residue of the Term and Overplus of money to the use of those in Reversion. and shall dispose of the Moneys remaining in their hands( if any be) upon Trust and to the benefit of the person and persons to whom the next and immediate Reversion and Remainder or Freehold of the premises, Expectant upon the said several Terms shall for the time being appertain, and to fall in, go with and attend the Inheritance thereof, according to the several and respective Uses and Estates before limited: And as for and concerning the said Estates and Terms of, &c. herein before limited unto them the said Trustees, their Executors, Administrators and Assigns, It is declared and agreed by and between all the said parties to these presents, Limitation to Trustees on Trusts following. That the same is so to them limited, upon the Trusts and to the intents and purposes, and under and subject unto the several and respective Provisoes and Conditions hereafter declared and expressed;( That is to say, In default of Issue Male, Portions to Daughters. ) That in case the said D.B. shall die without any Issue Male of his Body, on the Body of the said S. K. lawfully begotten and living at the time of the decease of the said S. K. or if the Heirs Males between them shall happen to die without Issue Male of their Bodies lawfully issuing before their Age or Ages of 21 years, and that there shall be one or more Daughter or Daughters of the Body of the said D. B. on the Body of the said S K. which shall attain to her or their Age or Ages of 21 years or days of Marriage. That then such Daughter and Daughters shall have the Portions and Sums of money hereafter limited;( That is to say,) If there shall be but one such Daughter and no more, If but one Daughter, so much to her Portion; if more, to have that Sum equally divided amongst them. then such only Daughter to have the Sum of, &c. and no more for her Portion. And if there shall happen to be two such Daughters or more, Then all the said Daughters to have the said Sum of, &c. equally divided amongst them, share and share alike, the said respective Sum and Sums to be paid at the respective Age or Ages of such Daughter or Daughters of 21 years or days of Marriage, Payable at 18 years or Marriage with Consent. which of them shall first happen, or within such convenient times after such of them as shall first happen, as the same Portion or Portions can be conveniently raised in( so as such Marriages be with Content, ut prius.) And in case such Portion or Portions shall not be so paid, That then the said Trustees, and the Survivors of them, their Executors, Administrators and Assigns, shall and may out of the Rents, Issues and Profits of the premises, or by Leases, Sale or Mortgage thereof, raise and pay the said Portion and Portions; and that in the mean time, from the death of the said D. B. until such time as the said Portion or Portions shall become due and payable as aforesaid, they the said Trustees, their Executors, Administrators and Assigns, shall and may out of the Rents, Issues and Profits of the premises, raise convenient Maintenance for such Daughter or Daughters according to their Degree and Quality, Education Money. not exceeding the Sum of, &c. yearly for each of the said Daughters, and shall and will permit and suffer such person and persons, to whom the Freehold and Inheritance of the said premises, expectant upon the said several Terms so limited to them the said Trustees as aforesaid, shall for the time being appertain, He in Reversion to receive Overplus. to receive the Surplusage of the Rents and Profits of the said premises, until such Portion or Portions of such Daughter or Daughters shall or should, according to the true intent and meaning of these presents, become due and payable. After the said Portions and Maintenance to and for such Daughter and Daughters shall be raised and paid as aforesaid, Then the said Trustees, their, &c. After Maintenance and Portions raised, Trustees to stand seized to the use of him in Reversion. to stand and be seized of all and singular the said premises, for and during the rest and residue of their respective Terms, so limited to them as aforesaid, then to come and unexpired, and shall dispose of the Moneys then remaining in their hands( if any be,) upon Trust and for the benefit of such person and persons to whom the next and immediate Reversion and Remainder, or Freehold of the premises expectant upon the said Terms, shall for the time being appertain, and to fall in and attend the Inheritance thereof. Provided always, That if the person or persons to whom the next and immediate Reversion, Freehold or Inheritance of the premises expectant upon the said Terms, shall come, descend or appertain, do and shall within one year after the death of the said D. B. well and truly pay or cause to be paid, to the liking and approbation of the said Trustees, If he in Reversion pay or secure the Maintenance and Portions to Trustees approbation; or if no Daughters, or they all die before days of payment, then the Limitation for raising such Moneys to cease. their, &c. and the Survivor of them, or sufficiently secure or cause to be secured unto the Daughter and Daughters of the Body of the said D.B. on the Body of the said S. K. lawfully begotten, all and every the said respective Portions and Sums of Money herein before limited, to be charged, or intended to be charged and raised out of the premises, for the said Daughter and Daughters respectively, according to the true intent and meaning of these presents: Or if the said S. K. shall not have any Issue Female on her Body begotten then alive, or if all such Issue Female shall happen to die before they attain, or any of them shall attain her Age of 18 years, or be Married, That then the said Estates or Terms of, &c. years, limited to the said Trustees, their, &c. shall cease, determine and be voided, any thing herein contained to the contrary thereof in any wise notwithstanding. Provided always, Proviso, for making jointure for second Wife. and it is declared and agreed by and between all the said parties to these presents, That it shall and may be lawful to and for the said D. B. after the decease of the said S. K at all times during his Natural life, by any Writing or Writings under his Hand and Seal, testified by two or more credible Witnesses, to assign, limit and appoint, all or any part of the premises herein before limited to the said S. K. for her jointure, to any person or persons, to or for the use of any Woman or Women which he the said D. B. shall happen to take to Wife after the decease of the said S. K. for the Life or Lives of such Wife or Wives, for her or their jointure or jointures. And that from and after such Limitation and Appointment the said Fine and Fines, Recovery and Recoveries, so as aforesaid to be had, levied, suffered, executed and perfected, and all and every other, &c. shall be and enure, &c. and the said Cognizees and Recoverors, &c. shall stand and be, &c. to the use of such Woman or Women as he the said D. B. shall hereafter fortune to mary, for and during the Natural life and lives of such respective Wife and Wives in manner as aforesaid; Any thing, &c. Power to make Leases. notwithstanding. Provided also, and it is further covenanted and agreed by and between all and every the said parties to these presents, and declared to be their true intent and meaning, That it shall and may be lawful to and for the said D. B. and the said S. K. in case she happen to survive the said D. B. for and during the Terms of his and her respective Natural Lives respectively, from time to time, and at all times from and after the, &c. day of, &c. next ensuing, and from and after the Deceases of them the said D.B. and S. K. to and for any person or persons to whom any Use or Estate is herein before limited respectively, being in possession of such Use or Estate of the said premises, or any part thereof, during their respective Natural Lives, by virtue of and according to the several and respective Limitations herein before to them made, being of the Age of 21 years, Being of the Age of 21 years. or above, by any dead or Deeds Indented, Sealed, Signed and Delivered in the presence of three or more Credible Witnesses, to make any Lease or Leases, Demise or Demises of the said premises, or any part thereof in present possession, but not in Reversion, so as such Lands have been usually letten, by the space of, &c. now last past, unto any person or persons, For three Lives or 21 years in possession. for any Term or Terms not exceeding three Lives, or for any number of years not exceeding 21 years from the making thereof, without any Fine Without any Fine. or Incom, so as the best and most improved yearly Rents, as for 21 years last part had been reserved, or so much Rent as really and bona fide may be got for the same, be thereupon respectively reserved to be due and payable during the whole Term and Terms of such respective Lease or Leases, Reserving as much Rent as bonâ fide can be got. so as in and by such Lease and Leases the respective Lessee and Lessees therein name, their Executors, Administrators and Assigns, Lessees to be restrained from doing Waste, be restrained from doing or suffering any Waste or Spoil to be done in and upon the said demised premises, and every part thereof, so as all and every Lessee and Lessees do seal and deliver Counterparts of such Lease or Leases; And to seal Counterparts of the Leases. All and every which said respective Rent and Rents, together with the Counterparts of such Lease and Leases, it is covenanted and declared by and between all the said parties to these presents, shall from time to time remain and come to all and every such respective person and persons to whom the uses and behoofs of the said premises are before respectively limited and declared in and by these presents. In witness, &c. A Clause to be Inserted after a power to make Leases. PRovided always, and it is the true intent and meaning of these presents, and of all parties to the same, That every of the Grants, Bargains, Sales, Lease and Estates herein beforementioned, which shall be made by virtue of, or in pursuance of the Power herein before reserved, or any of them, shall take effect and stand good, according to the priority of time of the making, granting or limitation of the same, and that no subsequent Estate, Grant or Limitation, shall destroy the former Estates, Grants or Limitations, to be made, granted or limited by virtue of the said Power, or any of them, but that the same shall precede each other, according to the time of the making, granting, limitation or reciting of the same, without respect of the order, penning or placing of the same in these presents, and that no such Estate so to be made, limited, granted or created, shall destroy any former Estate before limited, granted or created by virtue of the Powers before-mentioned, or any of them; Any thing, &c. Surrenders. A Surrender of a Term for Years, to the next in Reversion. TO all Christian People to whom this present Writing shall come, I E. P. of, &c. sand Greeting. Know ye, That I the said E. P. for and in Consideration of a competent Sum of lawful Money of England to me in hand paid, at or before the ensealing and delivery of these presents, by W. S. of, &c. and for divers other good Causes and Considerations me thereunto especially moving, Have granted, surrendered, Grant and Surrender. released and assigned, and by these presents for me, my Heirs, Executors an● Administrators, do wholly and absolutely gran● surrender, release and assign unto the said W. S. his Heirs and Assigns, All and every the Estate, Term for years, Interest, Right and Title either in Law or Equity whatsoever, which I the said E.P. now have, or at any time have had, into or out of All those Closes, or parcels of Ground, situate, lying and being in S. in the County of, &c. now or late in the Occupation of, &c. containing by estimation, &c. by colour or virtue of one Indenture bearing date the, &c. day of, &c. made between T. S. Father of the said W.S. of the one part, and me the said E.P. of the other part, or by force, colour or means of one Fine sur Concessit, levied of the abovementioned premises by the said T. S. to me the said E. P. in the Court of Common-Pleas at Westminster, in the Term of, &c. which was in the year of our Lord, &c. or by any or either of them, or otherwise howsoever. And further, I the said E. P. for the Considerations aforesaid, for me, my Heirs, Release of all Actions, Demands, &c. Executors and Administrators, do by these presents, remise, release, and for ever quit-claim unto the said W. S. his Heirs, Executors, Administrators and Assigns for ever, All and all manner of Action and Actions, Covenants, Conditions, Rents and Arrears thereof, Suits, Controversies, Claims and Demands whatsoever, of what kind, nature and quality soever, which I the said E. P. have or may or might have against the said W. S. his Heirs, Executors, Administrators and Assigns, by colour or means of the said Indenture or Fine, or either of them, or by any other ways or means whatsoever. And lastly, I the said E.P. do for me, my Heirs, Executors and Administrators, covenant, promise and declare, to and with the said W. S. That I the said E. P. have in no wise or manner encumbered or charged the said premises, or any of them, or any Term, Title or Interest, therein or thereto. And that the said W. S. his Heirs and Assigns, shall and may at all times hereafter, peaceably and quietly have, hold, occupy, possess and enjoy the same, and every of them, without the Let, svit, Trouble, Eviction or Disturbance of me the said E. P. my Executors, Administrators and Assigns, or any person or persons whatsoever, claiming or that shall lawfully claim the same, or any of them, from by or under me the said E. P. In witness whereof I the said E.P. have hereunto, &c. Wills. A Special Will upon settling an Estate. IN the Name of GOD, Amen. I Sir T. P. Knight, Provost of the Kings college of our Lady and St. Nicholas in Cambridge, do make and ordain this my last Will and Testament in manner and form following: Imprimis, I give and bequeath all that my Mannor of O. alias T. with all the Rights, Members and Appurtenances thereof whatsoever, in the Parish of H. upon the Hill in the County of M. and all other my Freehold and Charterhold messages, Lands, Tenements and Hereditaments whatsoever, situate, lying and being in the said Parish of H. upon the Hill, or elsewhere in the said County of M. and the Reversion and Reversions, Remainder and Remainders, Rents, Issues and Profits thereof, and of every part and parcel thereof, unto R. P. the Son or reputed Son of Sir R.P. Knight, my late Brother, deceased, for and during the Term of the Natural life of the said R. P. the Son, and from and after the determination of the said Estate, then to my Nephew G.S. and to J.H. of London, Goldsmith, and their Heirs, for and during the Natural life of the said R.P. the Son. Nevertheless upon Trust only for him the said R.P. during his life, and to preserve and support the Contingent Remainders hereafter limited, and to make such Entries, or do such other Acts as shall be in that behalf, or to that purpose requisite; but not to take or convert any of the Rents or Profits of the premises to their or any of their own use and benefit, and from and after the decease of the said R. P. the Son, I give and bequeath all the said manors, messages, Lands, Tenements and Hereditaments, with the Appurtenances, unto the first Son of the Body of the said R.P. the Son, lawfully begotten or to be begotten, and the heirs Males of the Body of such first Son lawfully begotten or to be begotten; and for default of such Issue, then to the second Son of the Body of the said R.P. the Son, lawfully begotten or to be begotten, and to the heirs Males of the Body of such second Son lawfully begotte nor to be begotten; and for default of such Issue, then to the third Son of the Body of the said R.P. the Son, lawfully begotten or to be begotten, and to the heirs Males of the Body of such third Son lawfully begotten or to be begotten; and for default of such Issue, then to the fourth Son of the Body of the said R.P. the Son, lawfully begotten or to be begotten, and to the heirs Males of the Body of such fourth Son lawfully begotten or to begotten; and for default of such Issue, then to the fifth Son of the Body of the said R.P. the Son, lawfully begotten or to be begotten, and to the heirs Males of the Body of such fifth Son lawfully begotten or to be begotten; and for default of such Issue, then to F.P. the Son or reputed Son of my late said Brother Sir R. P. for and during the Term of his Natural life; and from and after the determination of his said Estate, then to the said G. S. and S. H. and their Heirs, for and during the Natural life of the said F. P. Nevertheless upon Trust only for the said F. P. during his life, and to preserve and support the Contingent Remainder hereafter limited, and to make such Entries, or do such other Acts as shall be in that behalf and to that purpose requisite; but not to take or convert any of the Rents or Profits of the premises, to their or any of their own use or benefit; And from and after the decease of the said F. P. and the determination of all the afore-mentioned Estates, Then I give and bequeath all the said manors, messages, Lands, Tenements and Hereditaments, with the Appurtenances, unto the first Son of the Body of the said F. P. lawfully begotten or to be begotten, or to the heirs Males of the Body of such first Son lawfully begotten or to be begotten; and for default of such Issue, then to the second Son of the Body of the said F.P. lawfully begotten or to be begotten, and to the heirs Males of the Body of such second Son lawfully begotten or to be begotten; and for default of such Issue, then to the third Son of the Body of the said F.P. lawfully begotten or to be begotten, and to the heirs Males of such third Son lawfully begotten or to be begotten; and for default of such Issue, then to the fourth Son of the Body of the said F.P. lawfully begotten or to be begotten, and to the heirs Males of the Body of such fourth Son lawfully begotten or to be begotten; and for default of such Issue, then to the fifth Son of the Body of the said F. P. lawfully begotten or to be begotten, and to the heirs Males of the Body of such fifth Son lawfully begotten or to be begotten; and for default of such Issue, then to my said Nephew G. S. Son of my Sister S. for the Term of his life, and after his decease to P. S. Son of my said Nephew G. S. and to the heirs Males of the Body of the said P. S. lawfully begotten or to be begotten; and for default of such Issue, to the eldest Son of my said Nephow G. S. which shall be living at the time of the decease of the said P. S. and to the heirs Males of the Body of such eldest Son lawfully issuing; and for default of such Issue, to the right Heirs of me the said T. for ever. Provided always nevertheless, and my Will and Mind is, That it shall and may be lawful to and for the said R.P. the Son, and F.P. and either of them, being in possession of the said manors, Lands and Tenements, by virtue of this my Will, by any Writing or Writings under their or either of their Hands and Seals, and executed in the presence of two or more credible Witnesses, to grant, dispose, limit or convey all or any of the said manors, Lands, Tenements, to or for any Woman or Women whom they or either of them shall mary or take to Wife, for and during the Natural life or lives of such Woman or Women, for her and their jointure; and that afterwards the said manors, Lands and Tenements, shall be and remain to such person and persons to whom the immediate Estate and Interest thereof is herein before given, limited or appointed, according to the true intent and meaning herein before declared; And whereas I have surrendered my Copyhold and Customary messages, Lands, Tenements and Hereditaments, with their Appurtenances, holden of the Mannor of H. alias Sudbury, in the County of M. to the use of my Last Will and Testament, according to the Custom of the same Mannor. Now I do give and bequeath all my said Copyhold and Customary messages, Lands, Tenements and Hereditaments, with their Appurtenances, to my Brother W. P. Esq; for and during the Term of his Natural life; and from and after his decease, to the said R.P. the Son, for and during the Term of his Natural life; and from and after his decease, to the first Son of the Body of the said R.P. the Son, lawfully begotten or to be begotten, and to the heirs Males of the Body of such first Son lawfully begotten or to be begotten; and for default of such Issue, to the second Son of the Body of the said R. P. the Son, and to the heirs Males of the Body of such second Son lawfully begotten or to be begotten; and for default of such Issue, to the third Son of the Body of the said R. P. the Son, lawfully begotten or to be begotten, and to the heirs Males of the Body of such third Son lawfully begotten or to be begotten; and for want of such Issue, then to the fourth Son of the Body of the said R. P. the Son, lawfully begotten or to be begotten, and the heirs Males of the Body of such fourth Son lawfully begotten or to be begotten; and for default of such Issue, to the fifth Son of the Body of the said R. P. the Son, lawfully begotten or to be begotten, and to the heirs Males of the Body of such fifth Son lawfully begotten or to be begotten; and for default of such Issue, then to the aforesaid F. P. for and during the Term of his Natural life; and from and after his decease, to the first Son of the Body of the said F. P. lawfully begotten or to be begotten, and to the heirs Males of the Body of such first Son lawfully begotten or to be begotten; and for default of such Issue, then to the second Son of the Body of the said F.P. lawfully begotten or to be begotten, and to the heirs Males of the Body of such second Son lawfully begotten or to be begotten; and for default of such Issue, then to the third Son of the Body of the said F. P. lawfully begotten or to be begotten, and to the heirs Males of the Body of such third Son lawfully begotten or to be begotten; and for default of such Issue, then to the fourth Son of the Body of the said F. P. lawfully begotten or to be begotten, and to the heirs Males of the Body of such fourth Son lawfully begotten or to be begotten; and for default of such Issue, then to the fifth Son of the Body of the said F. P. lawfully begotten or to be begotten, and to the heirs Males of the Body of such fifth Son lawfully begotten or to be begotten; and for default of such Issue, to my said Nephew S. for the Term of his life, and after his decease to P. S. aforesaid, Son of my said Nephew G. S. and to the heirs Males of the Body of the said P. S. lawfully begotten or to be begotten; and for default of such Issue, to the eldest Son of my said Nephew G. S. which shall be living at the time of the decease of the said P. S. and to the heirs Males of the Body of such eldest Son lawfully begotten or to be begotten; and for default of such Issue, then to remain to the right Heirs of me the said T.P. for ever. In witness, &c. THE TABLE. A Annuities and Rent-Charges, vide Settlements. A Special Grant of an Annuity by a Lease to a Woman for Service done, to commence after the Grantors death, and one Moiety of it to cease upon her Marriage; with a Clause, If the Grantor be minded at any time( during his Life) to revoke his Grant, he may do it upon a Tender of 6 d. page. 1 A Grant of an Annuity in performance of a Decree in Chancery, by the Trustees of the Estate of the Husband deceased, to his Widow, and to Charge the Lands only, p. 4 A Grant of an Annuity, with a Proviso, That upon payment of an Entire Sum at such a time, the Annuity to cease, p. 7 An Indenture, containing a Grant of a Rent-charge by the Father to his Sons Wife before Marriage, in recompense of her jointure, issuing out of those Lands which should descend after the Fathers death to the Son, p. 10 A Security for the payment of an Annuity of a Rent-charge for seven Years, by Assignment of two Terms for Lives and a Term for Years, by way of Lease and Release, with very proper Covenants, p. 14 A Grant of an Annuity to a man and his Wife, during their Lives, and the Life of the Survivor, by demise or grant of Lands for 99 Years, with a Proviso, That upon payment of an yearly Sum to Husband and Wife, and the Survivor, for so many Years of the Term as they shall Live, the Estate to cease, p. 27 A Grant of an Annuity for good Offices done, determinable upon death of the Grantor or Grantee, with a grant or appointment of a certain Sum to be paid by so much per Annum after the Grantors death, being parcel of a greater Sum which the Grantor is enabled to charge Lands with by a power in a Settlement, in case the Grantee survive the Grantor, and the Grantor's Heir doth not settle on him an Annuity during the Grantees life, p. 30 Annuity granted to a younger Son by way of Trust for 99 years( if he so long live) with a Proviso, That if he alien or assign it, then to cease. The Son( to raise up money) covenants to make assurance of the same, and till then to stand possessed of it to the use of the Intended Grantee, and makes the Intended Grantee Attorney, to receive it to his own use, p. 50 Annuity, provided not to Charge the person of the Grantor, p. 6 Articles. Articles of Agreement for making assurance of Land in Fee under a yearly Rent, for Grantee to build upon, with special Limitations how the House shall be built, as to Height, Front, Pavement, &c. p. 34 Articles of Agreement, with Covenants for making Assurance of an House in Fee-simple by such a day, for such a Sum, p. 39 Articles of Agreement between an Executor and the Testators Widow, who according to the Custom of the Province of Y. is entitled to the Moiety of her Husbands Estate; she accepting Bonds and specialities of the Testators of the value in lieu, which the Executor hereby assigns over to her, she Covenanting, That if more Debts appear than the rest of the Personal Estate in the Executors hands will discharge, she will refund proportionably with the other Legatees, p. 40 Limitations of Uses and Estates by Articles, in order to a Settlement, p. 43 Assignment, vid. Annuity, Mortgages. An Assignment of a Mortgage for Years forfeited, with a confirmation of the Assignment for the residue of the Term by the first Mortgagor, with Proviso for her to Redeem, p. 54 An Assignment of a Mortgage for Years forfeited, the Mortgagor made a party and confirming the Assignment, with a further Proviso for Redemption by the Assignor. More fully drawn, p. 97 An Assignment of an Annuity or Rent-charge granted by a former Husband, to the use of his Wife for her Life, who before Intermarriage with a 2d Husband by her Consent, and together with him settles it upon Trustees to prevent his intermeddling, and that the same shall be at her sole disposing, p. 60 Assignment of a judgement by an Executor, with good Covenants, p. 67 An Assignment of the Moiety of a Patent for a New Invention, p. 72 An Assignment of a Lease of Rectory and Lands for 3 Lives, with Warrant of Attorney to sue for Arrearages of Rent, and other usual Covenants, p. 76 An Assignment of a Lease of tithes to 2 Persons in Trust, for a provision for a younger Son, p. 82 A good Assignment by a surviving Administratrix of a Mortgage for years forfeited, p. 86 An Assignment of a Statute-Staple, with proper Covenants, p. 90 An Assignment of a Bond by Indenture, with Covenants on each part, p. 93 An Assignment of a Chamber in Greys-Inn, p. 95 Assignment of a Lease for 21 years, for the Security of the payment of a yearly Sum during a third persons Life, p. 104 Assignment of a Lease made by Mayor and commonalty, &c. and accrueing to the Grantors Wife by device, to be voided upon payment of money, with Special Covenants, p. 108 An Assignment and Mortgage of 2 Leases of Ground in London, with good Covenants, p. 116 Assignment of a Lease for, a 1000 years mortgage and forfeited, in pursuance of a Mortgage in Fee of the same premises, and upon payment the Trustee to Release, p. 123 Assignor. Assignor grants Arrears of Rents, and gives Authority to Sue for them in his Name, and that he will not Discontinue or be Nonsuited, p. 81 Assignee. Assignee covenants to rarefy the Assignor against damages, p. 94 Authority. To Sue for Arrears of Rent in the Grantor's Name, and that the Grantor will not Discontinue or be Nonsuit, p. 81 Award. An Award in a controversy about a Bond given for payment of a Wives Portion, p. 128 B Bargains and Sales. BArgain and Sale of Freehold Lands, with Covenant for the Grantor and his Wife levying a Fine, &c. and also the Grantor will surrender Copyhold Lands to the use of the Grantees, p. 131 An Indenture of Bargain and Sale of Goods specified in a Schedule, the Vendor being to have the use of them for Life, amending such of them as shall be impaired by the Use, p. 138 A Bill of Sale of part of a Vessel, p. 140 A short dead of Bargain and Sale of Goods in Trust for payment of Debts, and allowing the Grantor yearly Allowance during his Life, p. 141 A Bargain and Sale of Lands by dead enrolled, with full Covenants apt for most Conveyances, p. 144 Bargain and Sale for a Year, and a Release thereupon, p. 151, 152 A short dead of Bargain and Sale to be enrolled, p. 143 A Bargain and Sale of a parcel of Timber, and the next fall or cutting of 8 Acres of Coppice-wood, p. 157 A Clause of Sale of Writings, p. 132 Bill in Chancery, and Answer. A Master of a Ship sells several Bushels of Salt to the Complainant, for which he received part of the money in hand, and Bond in his own Name for the residue. The Owner of the Ship and Goods threatens to Sue the Complainant at Law for the same, against which the Complainant brings his Bill to be relieved, and the Master answers a Power from the Owner. With the Answer, p. 161 A Letter of Attorney in pursuance of a Bill in Chancery, p. 171 C Confirmation of the Mortgagee, vid. Mortgagee. Common. COmmon for Cattle stinted, and proportionable to the Usage, p. 274 Conditions. A Condition to save harmless the Obligee from a Bond entred into by him and the Obligor, for performance of Covenants, p. 177 A Condition for the performance of a Bond of Adventure, p. 178 Another of the same, p. 179 A Condition of a Bond, to save a Tenant harmless for attorning and paying his Rent to the Obligor, ibid. Condition for a Churchwarden to give Account of all Stock, &c. in his custody, p. 181 Condition for payment of Rent, by virtue of a Letter of Attorney, p. 182 Condition to follow a Calling in such a Parish, p. 183 Condition in Deeds, vid. Mortgages. Consideration. Of faithful Service, p. 1, 282 Of jointure, p. 10, 225, 363, 364 Of good Offices done, p. 30 Of passing Letters Patents, p. 73 Fatherly Care for a younger Son, p. 83 In an Assignment, Consideration of Principal and Interest due, p. 99 In pursuance of Articles of Agreement, 105, 225 Consideration of Natural Love and Affection, p. 405 Of payment of Debts, p. 413 Covenants, vide Articles, Partners. That the Grantor is seized of the premises in Fee, and hath good Right to grant, p. 9, 29, 50, 114, 134 Covenant for quiet Enjoyment, p. 79, 146, 147 Covenant of being free from encumbrance, p. 114, 148, 149 For further Assurance, p. 9, 23, 70, 80, 136, 148, 303 For further Assurance after a breach of a Proviso, p. 103 To re-deliver Writings, p. 24, 112, 322 To produce Writings, p. 220 That the Original Leases are good in Law, 22, 59 To pay Rent, p. 246, &c. Covenant for Levying a Fine by the Grantor and his Wife, p. 133, 153 Covenant to suffer a Common Recovery, p. 241, 352 In Annuity; Covenant, That if both the Husband and Father die, leaving the Widow any Child begotten by the Husband, then she to have 10 l. per Annum more out of the same Land, p. 13 Covenant to pay and perform Rents and Covenants in the Original Lease, till default of payment, p. 25, 115 That the Grantees after the death of any of the Lives, shall renew, and be allowed what they expend about it, p. 26 Covenant to build an House, and after what manner, p. 36, 37 Not to Revoke, p. 52, 91 Not to release Actions, p. 53, 92 That the Assignee of a Mortgagee, shall rarefy the Assignor against the Mortgagor, p. 88 Covenant, That Lessor shall set in Repair, p. 247 That Lessee shall keep in Repair, p. 248, 266 Covenant, Not to consent to enclosure, p. 249 To keep Land in good Heart, p. 251 To pay Taxes, p. 252, 268, 278 Covenant for Lessee to Till Land for Lessor, p. 276 For Lessee to carry Corn and Hay for Lessor, p. 277 Mutual Covenants, p. 270 Covenant, That the premises shall continue of such an yearly Value, p. 295 For payment of money according to a Proviso, p. 302 Covenant to rarefy the premises from an Annuity of 24 l. p. 371 Covenant to pay according to a Proviso, p. 22 Covenant, not to be interrupted in a Way, p. 36 To pay and allow proportionable part of Charges, Covenant, That the Assignee shall perform Covenants in a Lease, p. 79 Covenant, That after breach of a Proviso, Grantee to Enter and enjoy free from Disturbances, or under an Extent by Elegit on judgement, p. 107 Covenant, That if the Mortgagor pay the Mortgage-Mony, then the Trustee to reconvey to him, p. 126 Covenant to surrender Copyhold Land, p. 137 That the Lessee shall pay such Rent for every Acre of Grass-ground, which he converts into Tillage, not usually Tilled for so many years before, p. 279 Covenant, That if the Lessee pay the Rent the first Three years, Lessor to surrender in a Re-demise, p. 330 Upon surrender of the Old Lease and taking a New, a Covenant to Limit the New to and upon the same Trust, p. 382 To lay out a Portion in Land, p. 392 Covenants, as for the Wives sole disposing of the Estate, vide Settlements. Covenant to make a Settlement on the Wife by a certain day, p. 429 Covenant to settle Lands on Children, p. 430 D Defeazances. A defeasance of two several Estates or Terms for years in Lands, upon payment of such a Sum yearly for 7 years. Drawn in short, p. 184 A defeasance of a Conveyance of Land in Fee by Lease and Release, upon payment of a Sum of money at a day the Estate to cease, with power in the mean time for the Grantor to make Leases, take Profits, &c. till default of payment, p. 187 A defeasance of 3 several Indentures of Grants of Terms for years in Land, upon payment of a yearly Sum of money for several years, p. 190 defeasance of a Statute-Staple on performance of Covenants, p. 194 defeasance of a judgement upon indempnifying one against an Obligation he stands bound in with and for the Conusor, p. 195 defeasance of a Statute-Merchant, and of a dead of Bargain and Sale, p. 196 defeasance of a Statute-Merchant for payment of several Sums of money at several times, p. 198 defeasance upon a judgement by Indenture, upon payment of a Sum of money at a day, with a Release of Errors upon the judgement by the Conisor, p. 199 Distresses. Clause of Distress for Annuity and Nomine poenae, 11, 12, 31 E Ecclesiastical Instruments. ADmission of a Noblemans Chaplain, p. 201 Presentation to a Rectory, p. 204 Presentation to a Rectory by Guardians, the Patron being in his Minority, p. 206 Resignation of a vicarage, & Act' superinde, p. 209 Certificate of the sufficiency of a person in physic, 203 Revocation of a Resignation, p. 210 Resignation of a Canonical-House, p. 212 Resignation of a Prebend, p. 213 Resignation of the Office of Master of a college, 214 Grant of the next Presentation, p. 201, 219 Qualification or Admission of a Clerk to be a Noblemans Chaplain, p. 201 Letters Testimonial, of the Life of a Minister, p. 204 Another Form for the same, ibid. Presentation to the Society of a college, p. 207 Exchange. dead of Exchange, with reference to an Agreement in an Indenture Quadripartite, and Mutual Covenants for further Assurance, p. 360 G Grants. GRant of Stewardship of Courts for Life, p. 218 Grant of the next Avoidance of a Church with special Covenants, p. 219 Grant or Surrender of a Lease to the next in Reversion, which Lease was forfeited to the Grantor, for Non-payment of a Sum devised by Will, p. 222 H Several Habendums, p. 18, 19, 158, 159 I jointures, vide Settlements, Assignments. A Settlement after Marriage by Fine, in pursuance of Articles of Agreement, with Limitation of 2 jointures, Provisions for 2 Portions and Education of younger Children, p. 225 Another: Where the Estate passeth by Recovery, the Uses declared in this dead, wherein a jointure is limited for the Wife, Remainder settled on the Issue, with good Provisions for younger Children, p. 225, 240 Limitation for part of jointure, and then for further jointure, p. 227 Proviso for making a jointure for a second Wife, Vide Power. jointure limited upon a Recovery, p. 240 Covenant, That the premises limited for a jointure; are of such an yearly Value, p. 426 L Leases. LEase of a messsage and Lands in the Country, with several special Reservations and Covenants, p. 245 Lease of a messsage and Mills by a Joyntenant to a Friend in Trust for 2000 Years, to prevent Survivorship, p. 253 Lease of tithes by a person for 41 years, if he continue Rector of the Rectory so long. p. 256 Lease by Churchwardens, with special Reservations and Covenants, p. 258 Lease by the Husband to a Third person of Coppice-Ground, and Chief Rent for a Maintenance for his Wife, after his death, p. 261 Lease of a Rectory, Glebe-Lands and tithes, p. 263 Lease by three Administratrixes to two persons in Trust, to prevent Survivorship of a long Term for years they had as Administratrixes, p. 268 Lease for Years of tithe of Corn and Hay, to commence after the death of the Lessor for two Lives, p. 271 Lease for six Years, of part of a Lordship, with several special Covenants. Very well Drawn, p. 273 Lease; In Consideration of Service performed by Father and Mother, to commence after their Deceases for sixty years, if B. their Daughter so long shall live: Nevertheless with Power for Father or Mother, or Survivor, to appoint to what Uses it shall go, Taken in a third persons Name, p. 282 Upon Non-payment of Rent, the Lease to cease, p. 265 Commons for cattle stinted, and proportionably to the Usage, p. 14, 15 Letter of Attorney. Indenture of Covenants-touching a Letter of Attorney, for raising 2000 l. p. 286 M Mortgages, vide Assignment. Mortgage. ASsignment of a Mortgage for Years by a surviving Administratrix, p. 8● Mortgagor made a party to an Assignment, and confirming it for a further Term, p. 97, 100 Mortgagor to Enjoy till default of payment, and till then to perform the Covenants and Payments in the Origial Lease, p. 122 Mortgage by Lease and Release, p. 291 For 500 Years, with a Covenant for Levying a Fine for Confirmation of the Estate and Term: After the determination of the Mortgage, the use of the Fine limited to the Mortagees, to cease, and be to the use of the Mortgagor and his Heirs, p. 297 A Grant of a Fee-farm Rent in a Mortgage, p. 304 Mortgage, or Grant of Land for 500 years, on Condition, That if the Mortgagor pay the Mortgagee an yearly Rent during the Mortgagees Life, or such an entire Sum, then the Grant to be voided, p. 311 A Mortgage, or Conditional Assignment, of a Lease for years granted by the Queen, p. 314 A Mortgage by Lease for 5000 years, with the usual Covenants, p. 319 A Mortgage by Demise and Redemise, p. 324 Vide Release. If a Mortgagor be admitted to Redemption, the Trustees to pay the Principal and Interest too p. 204 Mortgagor to Enjoy quietly till breach of the Proviso, vid. to Mortgage, per tot. N Nomine poenae. NOmine poenae, p. 11 A Clause of Distress for it, and the Annuity, p. 12, 329 P Partners. COvenant to be Partners, p. 74 That neither of the Parties shall employ any Deputies without consent of the other, p. 75 That neither party shall dispose of their Interest, without Tender and Refusal by the other, p. 75 Powers, Provisoes. Powers to make Leases, p. 238, 354 to make jointures for other Wives, p. 237, 424 Release of a Power to make Leases, p. 333 Power to make a Distress, p. 354 Power to charge Lands with a Sum of money after his death, p. 356 To grant an Annuity for Daughters, p. 357 To give Portions to younger Sons, p. 358 Power to Limit by his Last Will, p. 380 Power of Revocation, vid. Revocation, p. 401 Limitation of a further Sum, according to a Power reserved, p. 32 A Clause to be Inserted after a Power to make a Lease, p. 457 Provision, vide Settlements. Provision for Daughters, if Issue Male fail, p. 422 R Releases. RElease of a Proviso of Redemption in a Mortgage, to make the Estate absolute to the Mortgagee upon payment of a further Sum, p. 332 Release from the Father to his Eldest Son of a Power of making Leases, limited and reserved to the Father in a dead of Settlement, with a Bargain and Sale of the Lands for 31 years, for Security of the Release, upon Consideration that the eldest Son joins with the Father in Sale of part of Lands, which were settled on the Son in Reversion after the Fathers death; as also, That the Father, with part of the Purchase money, will discharge a Mortgage of other his Lands, and settle them upon his eldest Son, p. 333 Release of Errors in two Judgments, with Execution, p. 338 Release in part of performance of an Award, p. 339 Release of a Copyhold Estate, ibid. Rents, vide Annuities. Rent reserved by Settlement, p. 418 Declaration of the use of Rents reserved, p. 421 Revocation. Revocation of Uses, according to two several Provisoes, p. 342 Power of Revocation of any Uses or Estates to be hereafter appointed, p. 350 After any Revocation, such part as shall be Revoked to cease, and Trustees to stand seized thereof, according to any new Declaration, p. 351 dead of Revocation of Old Uses, and Declaration of New ones, p. 398 S. Settlements, vide jointures, Assignments. Settlements. A Settlement before Marriage by a Woman and her intended Husband of an Annuity, whereof the Woman was seized in Fee, to prevent her Husbands intermeddling, and that it may be at her disposal during the Covertures, per Lease and Release, p. 345 ( As for the Lease vide Tit. Bargain and Sale.) A Settlement before Marriage, with divers powers and restrictions, p. 351 Indenture of Covenants upon Marriage, for a Rent-charge to the Husband during the Fathers life, and Distress for Non-payment, and Annuity for the Wife, with Distress and Nomine poenae for Non-payment, and this to be for her jointure, with a Settlement of other Lands not chargeable with the Annuity, p. 363 Assignment of a Lease on Feoffees in Trust, upon a Marriage for jointure, and Heirs Males and Females, with Covenant to procure a New Lease, and the New Lease to be upon the same Trusts; and if no New Lease be procured, then 500 l. to be left at his death in lieu thereof, and the charge of Renewing to be defalked out of the Profits, p. 373 Indenture of Covenants upon Marriage, and for securing Daughters Portions, left by the Will of their Father, and Maintenance money, and the Overplus to be Addition to their Portions; and the Father-in-Law to allow 6 l. per Cent. for what remains in his hands, p. 386 Feoffment upon a Marriage, for settling a jointure pro 3000 l. Portion, the Portion to be laid out in Land and the Uses, and if the Husband die before the Lands purchased, the Wives Father to pay half the money to such persons as he shall appoint, p. 391 Assignment of a Lease to Feoffees in Trust, upon a Marriage, for Wife and Children, p. 395 A Settlement of Lands by the Mother, upon a Son, reserving a Rent only and a Chamber for her Life, by Feoffment, p. 405 A Settlement before Marriage of a Copyhold Estate, where, according to the Custom of the Mannor, there is a Dead year after the Death of every Tenant, grantable by Tenant in his Life-time, and the Widow enjoys the Estate durant Castitate, if he surrender or alien it not in his Life time; with Provision, That the Goods of the Wife shall remain in her own disposal, and that her Husbands Name may be made use of to Sue for her Debts, but the Money to be secured by Trustees to her use. p. 407 Settlement of Lands upon Trustees, for payment of Debts out of the Profits thereof, and afterwards to a Grand-child by Bargain and Sale, p. 413 A Settlement upon Marriage of an Estate, part of the Estate settled upon the Sons Wife for a jointure, part upon the Issue, and a Rent reserved for the Father, and other Rents for other Uses, as to be a Security for the quiet Enjoyment of the jointure, and Provision for Daughters, p. 416 A Settlement before Marriage by the intended Husband and Wife of the Wives Estate Real and Personal, That if the Husband do not in such a time settle upon her Lands of such a value for her jointure, and likewise settle Lands upon their Issue, then Trustees to stand seized and possessed to her use only; The Husband not to interm●ddle, but all to be at her sole disposal. By a Lease and Release, p. 428 A special Settlement of two Estates upon Marriage, where the Estates pass by Fines and Recoveries, Covenants for levying the Fines and suffering the Recoveries, the Conusees in the Fine to be Tenants to the Praecipe in the Recoveries, with provisions for Annuities, jointures for first and other Wives, payment of Debts, Maintenance, Education and Portions of younger Sons and Daughters, provisions for making Leases, and other nice Limitations and Trusts, p. 436 Surrender. Surrender of a Term for Years to the next in Reversion, p. 458 T Trust, Trustees. TRust for Raising Annuities for younger Children, p. 51 Trustees to pay to the Wife, and not to the Husband, p. 63, 408, 409 Until Appointment, Trustees to keep in their hands, p. 63 Trustees to Account for no more than they Receive, and to deduct Charges, p. 66 Trustees covenant to perform the Trusts, p. 85 If the first Mortgagor pay the Mortgage money, then the Trustee to Reconvey to him, p. 126 Sale of Goods in Trust for payment of Debts, p. 141 Trust to prevent Survivorship, p. 253, 268 Trust for Heirs Males, p. 377 for Daughters, ibid. Limitation to Trustees, to sell Land, p. 448 To pay Debts, ibid. To raise Portions, p. 448, 449 After Maintenance and Portions raised, the Trustees to stand seized to the use of him in Reversion, p. 453 V COntingent USES preserved in a dead, p. 442 Enurement of the Uses in a Fine, p. 413 To the Use of the 1st, 2d, 3d, &c. Sons, p. 443 w Warrant of Attorney. WArrant of Attorney to confess judgement in a Scire facias in the Kings-Bench, with a Cesset Executio, p. 285 Will. The Form of a Will upon settling an Estate, p. 460 BOOKS lately Printed for John Walthoe, at his Shop in Vine-Court Middle-Temple. 1. THE practic Part of the Law: showing the Office of an Attorney, and a Guide for Solicitors in all the Courts of Westminster; Viz. The Courts of Cancery, Kings-Bench, Common-Pleas and Exchequer, with the manner of their Proceedings in any Action Real, Personal or mixed, from the Original to the Execution. As also the practise of the Courts in the City of London, Court of Admiralty, Ecclesiastical Courts, and other inferior Courts in the Country. To which is added, The exact Table of Fees of all the said Courts at Westminster, as they were delivered into the House of Commons, with the Abstract of the Parchment and Paper Act, by Order of the Queen and Council. 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