terms of indentures of leafe, or either of them, or otherwife howfoever, together with the faid indentures, TO HAVE AND TO HOLD the faid rectory and parfonage, glebe-lands, tithes, fcite, curtilage, lands, tenements, and all and fingular other the premifes herein before mentioned, or intended to be hereby affigned, with their, and every of their appurtenances, unto the said D. D. his executors, adminiftrators, and affigns, from henceforth, for and during all the reft, refidue, and remainder yet to come and unexpired, of the faid feveral and respective terms of -years, and years therin respectively mentioned, (fubject to the rents and covenants, in and by the faid two feveral recited indentures of leafe, refpectively referved and contained) upon fuch trufts nevertheless, and to and for fuch intents and purposes, and fubject to fuch agreements as are herein after mentioned, expreffed, and declared, of and concerning the fame, that is to fay, in trust, that he the faid D. D. his executors, adminiftrators, and affigns, fhall and do permit and fuffer the faid A. A. B. A. and C. A. and the furvivors and furvivor of them, during fo much and fo long time as the faid feveral and refpective years and years, and all fuch further and other term or terms of years, as fhall at any time or times hereafter be renewed, taken, or obtained, of the said premises refpectively, in pursuance of the covenant herein after for that purpose contained, as they, or any of them, fhall happen to live, to receive and take the rents, iflues, and profits thereof, and every part thereof, to and for her and their own ufe and benefit, they the faid A. A. B. A. and C. A. and the furvivors and furvivor of them, during fuch time, paying the rents, and performing the covenants, in and by the faid original indentures of leafe referved and contained; and all taxes and charges concerning the premifes, and from and after the feveral deceases of them the faid A. A. B. A. and C. A. and the decease of the furvivor of them, then as to the faid rectory, parfonage, glebe-lands, tithes, fcite lands, and all and fingular other the premifes hereby mentioned, or intended to be hereby affigned, with their, and every of their appurtenances in truft, for, and for the only benefit of him the faid E. E. his executors, adminiftrators, and affigns, for and during all the reft and refidue, which shall be then to come and unexpired of the faid several and refpective terms of years, and years therein refpectively, and of all fuch further and other term or terms for years as fhall at any time or times hereafter be renewed, taken, or obtained, of the fame premifes refpectively, in purfuance of the covenant herein after for that purpose contained; AND the faid A. A. B. A. and C. A. for the confiderations aforefaid, do hereby for themselves, and each of them, their, and each of their heirs, executors, and adminiftrators, covenant, promife, grant, and agree, to and with the faid E. E. his executors, adminiftrators, and affigns, that they the faid A. A. B. A, and C. A. and the furvivors and furvivor of them, fhall and will, at their, or fome, or one of their own proper costs and charges, from time to time, during their refpective lives, and the lives of the furvivors and furvivor of them, at the ufual and years to and accustomed times for that purpose, caufe and procure, or do their utmost endeavour to cause and procure new leafes, to be taken and obtained in the name of the faid D. D. his executors or adminiftrators, of all and every of the faid hereby mentioned, or intended to be hereby affigned premifes, with their appurtenances, for the refpective terms of years, of and in the fame premifes refpectively, at and under the like rents and covenants, as the fame premifes are now refpectively held by, fo that at the time of the decease of the furvivor of them, the faid A. A. B. A. and C. A. there fhall be at least come, in the leafe held of the Dean and Chapter, and years in the leafe of the faid bishop of the then current leafes of the premifes refpectively; AND ALSO that they the faid A. A. B. A. and C. A. and the furvivors and furvivor of them, and the executors and adminiftrators of fuch furvivor, fhall and will, from time to time, bear, fatisfy, and pay, all hires, and other incident charges, of and for fuch renewal; AND it is hereby declared and agreed, by and between the faid parties to these prefents, in manner following, that is to fay, that the faid D. D. his executors or adminiftrators, fhall and will, from time to time, as often as he or they fhall be requested fo to do, furrender, or caufe to be furrendered, the respective leafes then in being of and in the faid premifes refpectively, in order that the fame may be from time to time renewed in manner aforefa; all which new leafes hereafter to be taken of the premises refpectively, or any part or parts thereof, fhall, from time to time, remain, continue, and be fubject and liable to the like trufts as herein before declared, of and concerning the hereby mentioned or intended to be hereby affigned terms for years therein refpectively; AND FURTHER, that in cafe the faid A. A. B. A. and C. A. or the furvivors or furvivor of them, fhall, at any time or times hereafter, neglect or refufe (by the space of one year next after fuch ufual times of renewal) to procure, or do her or their utmost endeavour, fuch new leafe or leafes as aforefaid, to be taken and obtained of the premifes refpectively, then and in fuch cafe, and fo often, as it fhall and may be lawful to and for the faid D. D. his executors, adminiftrators, and affigns, by and out of the rents, iffues, and profits of the faid premifes, or any part thereof, or by fuch other ways or means as to the faid E. E. his executors, adminiftrators, or affigns, or any of them, fhall feem meet from time to time caufe and procure fuch new leafe or leafes as aforesaid, to be taken and obtained of the faid premifes refpectively, or of any part or parts thereof, and fo, from time to time, and as often as there fhall be occafion fo to do, by reafon of fuch neglect or refufal as aforesaid, any thing herein contained to the contrary thereof notwithftanding; AND the faid A. A. B. A. and C. A. do hereby for themfelves, and each of them, for their and each of their heirs, executors, adminiftrators, and affigns, further covenant, promife, grant, and agree, to and with the faid D. D. his executors, adminiftrators, and aligns, in manner following, that is to fay, that (for, and notwithstanding any act, matter, or thing, by them the faid A. A. B. A. and C. A. or any of them, done, committed, or wittingly, or willingly fuffered to the contrary) the faid recited indentures of lease are good and fufficient demifes and leafes valid in law, of and for the faid rectory, parfonage, glebe-lands, tithes, fcite lands, tenements, and other the premises mentioned, or intended to be hereby affigned as aforefaid, are not forfeited, furrendered, or any ways avoided or avoidable; AND ALSO, that they the faid A. A. B. A. and C. A. or fome or one of them, (for and notwithstanding any fuch act, matter, or thing as aforefaid) have, or hath in themfelves, or fome or one of them, good right, full power, and lawful and absolute authority, to grant, bargain, fell, and affign, the faid rectory, parfonage, glebe-lands, tithes, fcite lands, and other the premifes, with their appurtenances, unto the faid D. D. his executors, adminiftrators, and affigns, for all the refidue yet to come and unexpired of the faid feveral and refpective terms of years, and years therein respectively; AND FURTHER, that the fame premifes, and every part thereof, fhall, from time to time, and at all times hereafter, during continuance of the faid feveral and refpective terms of 1 years, and years therein refpectively, be peaceably and quietly had, held, and enjoyed by the faid D. D. his executors, adminiftrators, and affigns, upon the trufts aforesaid, without the lawful let, fuit, trouble, denial, eviction, or interruption, of or by the faid A. A. B. A. and C. A. or any of them, their or any of their executors or adminiftrators, or of, or by any other person or perfons, lawfully claiming, or to claim any eftate, right, title, truft, or intereft, either in law or equity, of, in, to, or out of, the hereby affigned premifes, or any of them, or any part thereof, from, by, or under, or in truft for them, or any of them, and that free and clear, and freely and clearly acquitted, exonerated, and discharged, or otherwife by them the faid A. A. B. A. and C. A. or fome or one of them, their, or fome or one of their executors or adminiftrators, well and fufficiently faved, defended, kept harmlefs- and indemnified, of, from, and against all former and other gifts, grants, bargains, fales, leafes, mortgages, affignments, and all and figular other estates, titles, troubles, charges, and incumbrances whatfoever, had, made, done, committed, or fuffered, or to be had, made, done, committed, or fuffered by them the faid A. A. B. A. and C. A. or any of them, or by any perfon or perfons lawfully claiming, or to claim any eftate, right, title, truft, or intereft, either in law or equity, of, in, to, or out of the fame premifes, or any part thereof, from, by, or under, or in truft for them, or any of them, (except the rents and covenants in the faid two recited indentures of leafe refpectively, referved and contained, and which from henceforth fhall become due and payable, and except fuch under leafe or leafes of the premises, or any part or parts thereof as are now in being, and whereupon the improved yearly rents are refpectively referved and made payably during the continuance of the fame refpective leafes): AND MOREOVER, that they the faid A. A. B. A. and C. A. and all and every person and perfon's claiming, 2. claiming, or to claim any eftate, right, title, truft, or interest, either in law or equity, of, in, to, or out of the premises mentioned, or intended to be hereby affigned, or any of them, or any part thereof, from, by, or under, or in truft, for them, or any of them (except the leffee or leffees, claiming, by or under fuch excepted under leafe or leafes, and their respective executors, ad miniftrators, and affigns, for and in respect only of their excepted terms, eftates, and interefts) fhall and will, at any time or times hereafter, during the respective lives of the faid A. A. B. A. and C. A. on every reasonable request of the faid E. E. his executors, adminiftrators, and affigns, make, do, and execute, or caufe to be made, done, and executed, all fuch further and other lawful and reasonable acts, deeds, and things, covenants, affignments, and affurances in the law whatfoever, for the further, better, and more perfect and abfolute affigning, affuring and conveying of the faid rectory, tithes, glebe-lands, fcite lands, and other the premises, with their appurtenanc, unto the faid D. D. his executors, adminiftrators, and affigns, for all the then refidue of the said several and refpective terms of years, and years therein respectively on the trufts aforefaid, as by the faid R. E. his executors, adminiftrators, or affigns, or his or their council learned in the law fhall be reasonably advised, or devised and required, fo as fuch further affurances contain in them no further or larger covenants in extent than are in these presents contained, and fo as the party or parties who fhall be defired or requested to make fuch further affurances, be not compelled or compellable for making or doing thereof, to go or travel above five miles from her or their refpective dwellings, or places of abode. In witness &c. Sealed &c. An affignment of several mortgage-terms to a master in Chancery, and others, with feveral nice and special covenants. THE HIS INDENTURE, of fix parts, made &c. BETWEEN A. A. of &c. Efq; and B. A. of &c. Gent. of the first part, C. A. of &c. Gent. and D. A. of c. fpinfter, executors of the laft will and teftament of E. E. deceafed, who was widow, relit, and executrix of F. E. late of &c. Efq; deceafed, of the fecond part; G. G. of &c. Efq; and 7. his wife, who was widow of L. L. late of &c. merchant, deceased, grand-fon of the faid F. E. of the third part; M. M. of &c. merchant, adminiftrator de bonis non, with the will annexed of the faid L. L. of the fourth part; N. N. of &c. Efq; of the fifth part; and P. P. Efq; one of the mafters in ordinary of the High Court of Chancery, R. R. rector of &c. and S. S. of &c. grocer, of the fixth part; WHEREAS in and by certain articles of agreement tripartite, bearing date on or about the day of and -, which was in the year of our Lord made, or mentioned to be made, between the faid N. N. by the name of N. N. of &c. Gent. of the first part; T. T. of &. Eig; of the fecond fecond part; and the said R. R. and S. S. of the third part, in confideration of a marriage then intended, and fince had and folemnized between the faid N. N. and A. his wife, one of the daughters of the faid T. T. and for other the confiderations therein mentioned, It was (among other things) mutually agreed by and between all the faid parties to the faid articles, that the fum of pounds, being the intended portion of the faid A. AND ALSO the fum of pounds to be added thereto by the faid N. N. fhould be respectively paid by the said T. T. and N. Ñ. unto the faid R. R. and S. S. or the furvivor of them, or the heirs of the furvivor of then, on the day of &c. with intereft for the fame after the rate of 51. per cent. per annum, to be by them the faid R. R. and S. S. and the furvivor of them, laid out and employed for the purchafing lands of inheritances in fee-fimple, to be fettled to fuch ufes and upon fuch trufts, and to and for fuch intents and purpofes as are therein mentioned, expreffed and declared as by the faid recited articles relation being thereunto had, may more at large appear; AND WHEREAS in and by a certain decree, or decretal order of the High Court of Chancery, made or pronounced on or about the day of which was in theyear of the reign of his late Majefty King George the Second, in a caufe then and there depending between the faid N. N. and A. his wife, complainants, and the faid T. T. R. R. and S. S. defendants, It was (among other things) ordered and decreed, that the faid fums of pounds and pounds, with the intereft thereof after the rate of 5 1. per cent. per ann. from the date of the faid articles to the faid day of &c. should be brought in and paid by the faid N. N. and T. T. respectively, to the faid P. P. to be by him laid out in purchafing lands of inheritance in fee-fimple, to be fettled according to the faid articles, and in the mean time, and until a convenient purchase or purchases could be found out, the said money was to be placed out on fecurities, or in fome of the public funds, to be approved of by the faid mafter, and the intereft thereof was to go and be paid as the rents of the lands when purchased ought to go, and be paid according to the faid articles, as by the faid recited decree, relation being thereunto had, may more at large appear; AND WHEREAS the faid T. T. did fome years fince, in pursuance and obedience to the faid recited decree, bring before, and pay into the hands of the faid mafter the faid fum of pounds, principal money by him agreed to be paid as aforefaid, and alfo the fum of pounds for the intereft thereof, until the day of &c. which faid feveral fums of faid pounds and pounds (making together the fum of pounds) have, from time to time, with the approbation of the faid mafter, been placed out on fecurities at intereft, no fuch purchase or fettlement as aforefaid having been as yet made; AND WHEREAS the faid fum of pounds hath been lately paid in, and now remains in the hands of the faid mafter, and whereas the faid N. N. with the allowance and approbation of the faid mafter, and with the privity and con fent |