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right, title, truft or intereft, at law or in equity, of, in, to or out of the faid herein before granted, bargained and fold premiffes, or any part thereof, from, by or under, or in truft for him, them, or any of them, or any of his ancestors, fhall and will from time to time, and all times hereafter during the fpace of

years next

enfuing the date hereof, upon every reafonable requeft, and at the cofts and charges of them the faid D. D. G. G. and L. L. or any of them, their or any of their heirs or affigns, make, do, and execute, or caufe, or procure to be made, done or executed, all and every fuch further and other lawful and reafonable acts, deeds, conveyances and affurances in the law whatfoever, for the further, better, more perfect and abfolute granting, conveying, enfranchifing and affuring of the fame premiffes, with their appurtenances, unto and to the ufe of them the faid D. D. G. G. and L. L. or any of them, their or any of their heirs or affigns, or any of their counfel learned in the law, fhall be reafonably advifed or devifed and required, fo as fuch further affurances contain in them no further, or other warranty or covenants than against the perfon or perfons, his or their heirs, who fhall make or do the fame, and fo as the party or parties who fhall be requested to make fuch further affurances, be not compelled or compellable to go or travel above five miles from his or their then refpective dwellings or places of abode. IN WITNESS, &c.

Sealed, &c.

Covenants and Collateral Securities.

A Deed of Covenants from an Ileir at Law, and his younger Brother, the Devifee of a Manor and Advowfun to a Purchafer under a private Act, to procure another Att to rectify an Omiffion in the former, and to procure an Exchange of Part of the Lands, &c. concluding with an Obligation, &c.

HIS INDENTURE made the

TH

in the

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day of

year of the reign, &c. Between A. A. Efq; eldeft fon and heir of B. A. Efq; deceased, late one of the aldermen of the city of London, and B. A. of, &c. Efq; fecond fon of the faid B. A. of the one part, and C. C. of, &c. of the other part. WHEREAS the faid B. A. being in his life-time, and at the time of his decease, feifed to him and his heirs in fee-fimple of and in the manor of with the appurtenances, in the county of and of and in the capital meffuage there, then in his own poffeffion; and of and in the perpetual advowfon and right of patronage and presentation, of in and to the rectory and parish church of in the fame county, and of and in divers mefluages, lands, tenements and hereditaments, in aforefaid, and elsewhere in the faid did in and by his laft will and teftament in writing

county of

by

day of

by him duly made and executed, bearing date the in the year, &c. give, devife and bequeath unto his fon the faid B. A. party hereunto, for his natural life, without impeachment of wafte (other than as is therein mentioned) among other lands the faid manor and capital meffuage, and all other his lands, tenements and hereditaments in the parish of

or elsewhere

in the faid county of the remainder to the first and every other the fon and fons of the body of the faid B. A. the fon fucceffively in tail male, with divers remainders over with the last remainder in fee to the faid B. A. Efq; and his right heirs, with fuch liberty and power for the faid B. A. party hereunto to make a jointure or jointures, or fettlements out of the premiffes, on fuch wife with whom he should marry, as in the fame will in that behalf mentioned and contained, as by the faid in part recited will, relation being thereunto had, may more at large appear. AND whereas the faid B. A. party hereunto, upon his marriage with E. his now wife, fole daughter of F. F. &c. Efq; in purfuance of the power to him given in and by the faid recited will, and alfo in pursuance of his marriage articles dated the day of in the year, &c. did limit and appoint the said manor and premiffes to the faid E. his wife, for her life for her jointure, as by indenture tripartite bearing date the in the year, &c. between him the faid B. A. party hereunto, of the first part, the faid F. F. Efq; and the faid E. wife of the faid B. A. by her then name of E. F. of the fecond part; and G. F. and H. K. Efq; therein named, of the third part; and by deed poll under the hand and feal of the fame B. A. bearing date the day of relation being thereunto refpectively had, may (among other things) more at large appear. AND whereas in and by a certain act of parliament made and paffed in the laft feffion of this prefent parliament, intituled an act, &c. reciting among other things to the effect as is herein before recited, It was enacted, That from and after the-

day of

day of which was in the year of our Lord, &c. and now laft and the faid capital meffuage aforefaid and elsewhere in the county of

paft, the faid manor of and lands in

devised and fettled as aforefaid with their and every their appurtenances, fhould be, and the fame were thereby actually vefted in and fettled upon the faid F. F. and I. I, of, &c. Efq; their heirs and affigns, to the ufe of them, their heirs and affigns, freed and difcharged of and from all ufes, trufts, estates, limitations, provifoes and powers in the faid will, indenture, deed poll and articles, or any of them expreffed or declared, upon truft, that they the faid F. F. and I. I. should fell and difpofe of the fame, for the uses and purposes in the faid in part recited act in that behalf expreffed and directed, as by the said act, relation being thereunto had, may (among other things) more at large appear. AND whereas the faid P. F. and I. I. in pursuance of the truft in them repofed by the faid act of parliament, and with the consent and approbation of the faid A. A. and B. A. parties hereunto, have contracted with the faid C. C. for the fale

to him of the faid manor and advowfon, capital meffuage, lands, hereditaments and premiffes devifed and fettled as aforefaid (together with other things) for the fum or price of

day of

pounds, of lawful money of Great Britain, and by indentures of leafe and releafe, and bargain and fale intended to be inrolled in Chancery, bearing date refpectively the the faid manor advowson, hereditaments and premiffes fo contracted for as aforefaid, are and were (in confideration of the faid fum of --pounds, in the fame indentures of releafe and bargain and fale mentioned to be paid to the faid F. F. and I. I. by the faid C. C. for the purposes in the faid recited act exprefled) granted and conveyed, or mentioned to be granted and conveyed unto, and to the ufe of the faid C. C. his heirs and affigns. AND whereas it was the intent and meaning of the faid recited act of parliament, and of the faid B. A. party hereunto, and of all other perfons on whofe behalf, and at whofe requeft the fame act was obtained and procured, that the faid advowson of with the appurtenances fhould have been by the faid act vested and settled in and upon the faid F. F. and I. I. their heirs and affigns, to enable them to fell, grant and convey away the fame, together with the faid manor, hereditaments, and other the premiffes fo devised and settled as aforefaid; and the fame advowfon was accordingly included and comprized in the faid recited contract for fale of the aforefaid premiffes to the faid C. C. and likewise in pursuance of fuch contract was, or was mentioned to be conveyed and affured (together with the faid other purchased premiffes) unto, and to the ufe of the faid C. C. his heirs and affigns, in and by the faid indentures of leafe and release, and bargain and fale as aforefaid. BUT by reason of some defect and omiffion in the writing of the faid act of parliament, it is apprehended that the faid advowfon with the appurtenances was not thereby fufficiently and effectually vefted and fettled in and upon the faid F. F and I. I. their heirs and affigns, fo as to enable them legally and effectually to fell and convey the fame unto, and to the use of the faid C. C. his heirs and affigns as aforefaid. AND whereas the faid B. A. party hereunto, did undertake and agree with the faid C. C. upon his faid purchafe and contract, that he the faid B. A. party hereunto, his heirs, executors or adminiftrators, fhould and would at his and their own proper cofts and charges, so soon as conveniently might be, procure an act of parliament for the vefting, fettling and affuring the faid advowfon of with the ap

purtenances, in and upon him the faid C. C. his heirs and affigns, to the ufe of him, his heirs and affigns for ever, freed and abfolutely difcharged of and from all the ufes, trufts, eftates, powers, provifoes and limitations, in and by the faid recited will of the faid B. A. Efq; or the faid articles, indenture and deed poll made upon the marriage of the faid B. A. with the faid E. his now wife, every or any of them limited, expreffed or declared of and concerning the fame advowfon. NOW this indenture witneeth, That in confideration of the premiffes, and in pursuance of the faid recited agreement, the faid B. A. party hereunto, doth hereby for himfelf, his heirs, executors and admini

Atrators,

ftrators, covenant, promife and agree to and with the faid C. C. his heirs, executors, adminiftrators and affigns, that he the said B. A. party hereunto, his heirs, executors, or adminiftrators, fhall and will at his and their own proper cofts and charges, within the space of one year next enfuing the date hereof, obtain, procure, or do his and their utmoft endeavours to obtain and procure an act of parliament for the vefting, fettling and alluring the faid advowfon and patronage of the faid rectory or parish church of with

the appurtenances in and upon him the faid C. C. his heirs and affigns, to the use of him, his heirs and affigns for ever, freed and abfolutely difcharged of and from all the ufes, trufts, eftates, powers, provifoes and limitations in and by the faid recited will of the faid B. A. Efq; or the faid laft mentioned articles, indenture and deed poll, every or any of them, limited, expreffed or declared of and concerning the fame. AND the faid B. A. party hereunto, and A. A. do, and each of them doth for themfelves, and each of them, their and each of their heirs, executors and adminiftrators, covenant, promife and agree to and with the faid C. C. his heirs and affigns, by thefe prefents, that in the mean time, and until fuch act of parliament fhall be obtained for the purpofe aforefaid, he the faid C. C. his heirs and affigns, fhall and may peaceably and quietly have, hold and enjoy the faid advowson of with the appurtenances, and from time to time when and fo often as the laid church fhall become void, prefent to the fame, without the let, fuit, trouble, denial, eviction, difturbance or interruption of or by them the faid B. A. party hereunto, and A. A. or either of them, their or either of their heirs, executors, adminiftrators or affigns, or of or by any other perfon or perfons lawfully claiming or to claim any eftate, right, title, truft or intereft, either at law or in equity, of, into or out of the fame advowson, from, by or under, or in truft for them, or either or any of them, or from, by or under, the faid B. A. deceased. AND whereas for many years laft paft the owners and proprietors of the faid capital meffuage, hereditaments and premiffes in aforefaid, or fome part thereof, have conftantly paid, and do yet pay to the parfon or incumbent for the time being of the faid parish church, the yearly fum of which was and is fo paid for and

in lieu of the rent of one acre of glebe land belonging to the faid rectory of lying and being in a certain close or field hereand now or late called

tofore called being part and parcel of the premiffes fo fold and conveyed to the said C. C. his heirs and affigns as aforefaid, which faid acre is fuppofed to have been heretofore given or devised to, for the benefit of the then parfon or incumbent of the faid rectory and his fucceffors; but how to afcertain or diftinguifh the faid acre particularly, or in what part of the faid field or clofe the fame lies, cannot at prefent, upon the most diligent fearch and enquiry be found out, or made to appear. AND whereas the faid B. A. party hereunto, did undertake and agree with the faid C. C. upon his faid purchafe and contract, that he the faid B. A. party hereunto, his heirs, executors or adminiftrators, should

and

and would at his and their own proper cofts and charges, as foon as conveniently might be, by act of parliament, or fuch other good and effectual ways and means as the counfel of the faid C. C. his heirs or affigns fhould advife, caufe and procure (with the confent of all parties concerned) an exchange to be made of the faid acre of glebe land fuppofed to have been given or devised as aforefaid, for and in lieu of one acre and an half of land or ground to be for that purpose allotted, fet apart and afcertained by metes and bounds, for and out of certain grounds called (parcel of the faid purchased premiffes, in or near which fome other glebe land belonging to the faid rector now lies) or forth and out of fuch other part of the said purchased premiffes as fhould for that purpose be agreed upon, so and in fuch manner as that the faid acre and an half of ground might be vefted and fettled in and upon the faid parfon or incumbent, and his fucceffors for ever, in lieu, recompence, and full fatisfaction and exchange of and for the faid yearly rent of paid or payable for the fame, and that the faid acre of glebe land might be vefted and fettled in and upon the faid C. C his heirs and affigns for ever, to his and their use, difcharged of the faid rent. NOW this indenture further witneeth, That in pursuance of the faid laft recited agreement the faid B. A. party hereunto, doth hereby for himself, his heirs, executors and adminiftrators, covenant, promife and agree, to and with the faid C. C. his heirs, executors, adminiftrators and affigns, that he the faid B. A. party hereunto, his heirs, executors or administrators, fhall and will at his and their own proper cofts and charges, within the space of next enfuing the date hereof, by act of parliament, or fueh other good and effectual ways or means as the counsel of the faid C. C. his heirs or affigns, fhall devife, cause and procure, or do his utmost endeavour to caufe and procure (with the concurrence of all parties concerned) an exchange to be made of the faid acre of glebe land fuppofed to have been given or devised as aforefaid, for and in lieu of one acre and an half of land or ground to be for that purpose allotted, fet apart, and afcertained by metes and bounds, forth and out of the faid grounds called

ог

forth and out of such other part of the faid purchased premiffes as fhall for that purpose be agreed upon, fo and in fuch manner as that the faid acre and an half of ground may be vefted and fettled in and upon the faid parfon or incumbent and his fucceffors for ever, in lieu, recompence, and full fatisfaction and exchange of and for the faid acre of glebe land, fuppofed to have been given or devised as aforefaid, and of and for the faid yearly rent of · paid or payable for the fame, and that the faid last mentioned acre may be vested and fettled in and upon the faid C. C. his heirs and affigns for ever, to his and their own ufe, difcharged of the faid rent. AND for the true and full performance of the feveral and refpective covenants and agreements herein before contained, on the refpećtive parts and behalis of the faid B. A. party hereunto, and A. A they do hereby jointly and feverally bind and oblige themfelves, and each of them, their and each of their heirs, executors and adminiftrators, unto the faid C. C. his heirs,

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