other indenture quinquepartite, dated, &c. and made or mentioned, &c. between, &c. And other than and except a certain recognizance in the nature of a flatute-ftaple, entered into by the faid C. B. fince the day of, of the penal fum of 7. defeazanced on payment of. only, with intereft for the fame; And other than and except a yearly rent charge of 1. And other than and except a certain tenth or yearly fee-farm rent of 81. or under, and except the rents and fervices of the premiffes, not exceeding —

annum.

* Sworn, &c.

1. per

That an Efiate conveyed by Bargain and Sale inrolled, is free from

Incumbrances.

E E. of, &c. widow, and T. E. of, &c. gentleman, each of them for her and himself severally make oath, That All thofe, &c. called, &c. fituate, &c. now bargained, fold and conveyed, or mentioned to be bargained, fold and conveyed by and from S. W. of, &c. T. G. of, &c. the said E. E. T E. and E. E. of, &c. R. P. of, &c. and A. his wife, and J. P. of, &c. and M. his wife, to J. F. of, &c. efq; and his heirs, by indenture of bargain and fale, bearing date, &c. and inrolled, or intended to be inrolled, in the high court of Chancery, now are, and were at the time of the fealing and delivery of the faid indenture, and fo fhall continue, free and clear of and from all and all manner of former and other bargains, fales, gifts, grants, releafes, ftatutes, recognizances, judgments, eftates, acts, titles, debts and incumbrances whatsoever, had, made, committed or done by the faid E. E. and T. E or either of them, or by C. E. father of the faid T. E. and W. E. brother of the faid T. or any other person or persons whatsoever, to her or his knowledge, or by her or his order, means, authority, confent or procurement, except the feveral mortgages mentioned in the faid indenture of bargain and fale.

Both Sworn, &c.

E. E.

T. E.

Note; Thefe affidavits are ufually fworn before a Mafter in Chancery. But a modern author fays, that Tho' fuch affidavits are fometimes made, yet I (fays he) don't think they ought to be encouraged; for no perfon "has power to adminifter the oath, neither can the party be indicted for perjury if the affi lavit be untrue, and therefore it is taking an oath in van." However, as the most eminent conveyancers have thought it expedient to make ufe of fuch affidavits, this work would have feemed imperfect without the forms of them: And if they are necellary to prevent frauds in the fecuring men's properties juftiy acquired, 'tis pity (unless deeds relating to eftates were to be registered in every county as well as in Midlifex and Yorkshire) but that a proper perfon fhould be vefted with the power of adminiftring fuch oath, which a Maller in Chancery (though the likelieft perfon) feems not to have when the parties are not before the Court, no fuit being depending; but how little foever they are binding in law, they must be therefore binding to men's confciences, and fo far not

in vain.

The

(3.)

(+)

(5)

The like, and that a Perfon is dead without Iffue.

S. H. of, &c. and H. H. of, &c. make oath, That whereas thele
deponents have by indenture of leafe bearing date, &c. and by
indenture of releafe and bargain and fale, intended to be inrolled,
bearing date respectively the, &c. abfolutely fold and conveyed unto
and to the ufe of R. J. of L. and his heirs, All that, &c. fitu-
ate, &c. with their appurtenances, Thefe deponents, each of them
for himself, and not the one for the other, nor for the act of the
other, Do feverally and folemnly make oath, that they these depo-
nents, or either of them, do not know of any incumbrance upon or
affecting the fame premiffes, faving only the quit-rent payable out
of the fame premiffes, not exceeding -l. per annum, and faving
only a mortgage made by the faid H. H. to the faid S. H. of part
of the premiffes, by indenture dated the
day of - in the year
of our Lord 17-, for the term of 500 years, for fecuring the fum
of — and intereft; Neither have thefe deponents, or either of
them, made any other mortgage or incumbrance of or upon the pre-
miffes, or any part thereof, that does any ways incumber or affect the
fame premiffes, or any part thereof, faving as aforefaid: And that T. H.
and W. H. fons of D. H. deceased, and uncles to the faid H. H. are both
dead without iffue.

Perufed and fettled by W. W.

By a Man and his Wife, that the Premises by them conveyed by Leafe and Releafe are free from Incumbrances, except the Mortgages, &c. therein mentioned.

D.

L. of, &c. and S his wife, make oath and fay, That the feveral meffuages, lands and premiffes lying in W. in the county of S. which thefe deponents by indenture of leafe and release, bearing date refpectively the 19th and 20th days of July laft paft, did grant, bargain, fell, alien, release and confirm unto T. V. of T. in the county of M. efq; are, for and notwithstanding any act, matter or thing whatfoever, done, fuffered, committed or executed by thefe deponents, or either of them, or by R. K. late of W. aforefaid, clothier, deceafed (father of this deponent D. L.) free and clear, and freely and clearly acquitted, exonerated and discharged of and from all and all manner of estates, titles, troubles, charges and incumbrances whatsoever, other than and except the feveral mortgages, affignments and other deeds of fecurities mentioned and excepted in and by the aforefaid indenture of releafe; and that there is no fettlement made of the aforefaid messuages, lands and premiffes lying in W. aforefaid, by this deponent D. L.

Both fworn, &c. before

H. L.

D. L.

S. L.

That

That a Mortgagor has done no former Aa to incumber the Premiffes, nor granted any Leafes, &c. Except, &c.

A.

B. of, &c. maketh oath, that he this deponeut, or any other perfon or perfons to his knowledge or belief, hath not, nor have entered into, acknowledged, confeffed or become bound in any ftatute, recognizance, judgment or obligation to any perfon or perfons, or made any mortgage or other incumbrance, or done, committed or faffered any act, matter or thing whatsoever, whereby the manor of B. &c. fituate, &c. or any of them, or elsewhere in the faid county of C. which by indenture of release, bearing date, &c. and made or mentioned to be made between him this deponent and D. his wife, and E. A. of the one part, and F. F. of, &c. of the other part, are and were granted, conveyed, limited and appointed, or mentioned or intended. to be granted, &c. unto and to the ufe of the faid F. F. his heirs and afgns, fubject to fuch provifo of redemption as in the fame indenture of release is in that behalf contained, or any of them, or any part or parcel thereof, is, are, fhall or may be impeached, charged or incumbered in any wife howfoever, (except as in the faid indenture of release is mentioned :) And that he this deponent, or any other person or perfons to his knowledge or belief, or by or with his confent, privity, direction or appointment, hath not, nor have granted any leafe, rent, intereft or eftate, of, in, to or out of the faid manor, &c. or any of them, or any part thereof, except before excepted, and except leafes to the tenants of the premiffes, or any part thereof, at or under the improved yearly rents, or whereupon the ufual and accustomed rents and fervices are reserved.

Upon making a Mortgage, That the Premises are free from former
Incumbrances, excepting Leafes, &c. therein mentioned, and that the
Premiffes are let at fuch Rents, to the Amount of fuch a Sum per
Annum, and that the Premiffes are of fuch a yearly Value.

G.V. of, &c. efq; maketh oath, That all that capital meffuage or
manor-houfe, and the feveral other meffuages, lands, tenements
and hereditaments particularly mentioned in a certain indenture tripar
tite bearing even date herewith, and made or mentioned to be made
between the faid G. V. (by fuch other addition as therein mentioned)
and M. V. the wife of the faid G. V. (by fuch other addition as there-
in alfo mentioned) of the firft part, M. E. of, &c. of the fecond part,
and T. B. of, &c. of the third part, and which by the fame indenture
are, or are intended, to be bargained, fold, affigned, limited, ratified
and appointed by them the said M. E. and G. V. unto the faid J. B.
his executors and affigns, for the refidue of a term of 99 years therein
mentioned, for fecuring to him and them the payment of the principal
fum of 2008/. and intereft, in fuch manner as therein is expreffed, now
are, and every part thereof now is, free and clear of and from all and
all manner of former and other gifts, grants, bargains, fales, leafes,
mortgages, jointures, dowers, fettlements, annuities, judgments, fta-

tutes,

(6)

(7.)

(8.)

tutes, recognizances, charges and all other incumbrances whatsoever, had, made, done, limited or fuffered by them the faid G. V. and M. his wife, or either of them, or any of the ancestors of her the faid M. to the best of his knowledge and belief; (other than and except leafes let or agreed to be let to tenants of part of the faid premiffes, for lives and terms of years at such rents as in the faid indenture are mentioned, and alfo except fuch other incumbrances as in the fame indenture are also mentioned:) And the faid G. V. further maketh oath, that the faid feveral meffuages, lands, tenements and hereditaments, comprised in the faid indenture, and thereby affigned, limited and ratified as aforefaid, are now let or agreed to be let at the feveral yearly rents therein mentioned, amounting to 1661. per ann. Which with the mansion-house, lands and hereditaments thereunto belonging, computed to be of the yearly value of 401. makes in the whole the premiffes to be of the yearly value of 2067. or thereabouts, as in the fame indenture are alfo particularly mentioned and expressed, (public taxes only excepted.)

The like, wherein the Mortgage is more fully recited.

THEREAS by indenture of leafe and release, bearing date, &c.

now laft paft, the release being tripartite and made between E. S. widow, (by fuch addition and defeription as therein mentioned) and F S. (by fuch other addition and defcription as therein alfo mention. ed) of the first part, T. A. of, &c. of the fecond part, and E. J. of, &c. of the third part, In confideration of the fum of 1500l. in the said indenture of release mentioned to be paid to the faid F. S. by the faid T. A. he the faid F. S. bath granted and released, and the faid E. S. bath ratified and confirmed unto and to the ufe of the said T. A. and his heirs, by way of mortgage in fee, all that, &c. and now or late in the occupation of E. B. at the yearly rent of 51/. 1cs. also another meffuage, &c. now or late in the occupation of T. N. at the yearly rent of 724. also several other lands, &c. now or late in the occupation of W. M. at the yearly rent of 158/. 18s. and alfo all thofe, &c. near the King's Head in T. aforefaid, in the poffeffion of, &c. at and under the yearly rent of 237 (amounting in the whole to 3051. 8s. per annum;) Subje& nevertheless to fuch redemption as in the faid indenture of releafe is mentioned; Now he the faid F. S. doth hereby make oath, that the faid feveral meffuages, &c. herein before mentioned, and fo by him conveyed by way of mortgage to the faid T. A. as aforefaid, are now bona fide let at the yearly rents above mentioned, amounting in the whole to the faid fum of 3051. 8s. per annum, and that the faid premiffes are of the fame yearly value, clear of all deductions whatsoever (the land-tax and neceffary repairs only excepted.) Andthe faid F.S.doth hereby further make oath, That he this deponent hath not done or committed or confented to be done or committed any act, matter or thing what ever, by mortgage, judgment, ftatute, recognizance, or otherwife howfoever, whereby or wherewith the faid manor, meffuages, lands, tenements and hereditaments, fo by him conveyed to the said T. A. as aforefaid, or any part thereof, are or is, or fhall or may be charged, impeached or incumbered, in title, charge,

eftate

eftate or otherwise howfoever, (the faid mortgage fo made to him the faid T. 4. thereof as aforefaid, only excepted.)

That the Premiffes contained in a Leafe which is loft, are free from
Incumbrances.

HEREAS &c. (Recital of the Leafe) And whereas the said A. B. hath granted and affigned all his eftate and intereft in the faid part recited leafe and premiffes therein contained, unto H. lord B. and forafmuch as the faid original leafe is loft or miflaid, and cannot be now produced; and to the intent that the faid H. lord B. may be fatisfied that the faid leafe is not mortgaged, nor the premiffes therein contained any wife incumbered, the faid A. B. maketh oath, that he this deponent hath not mortgaged the faid leafe, nor depofited the fame with any perfon or perfons, for any debt, pledge or otherwife, nor any wife incumbered the faid premiffes; neither does he, this deponent, know in whose hands, custody or power the fame lease now is; and in case he this deponent shall at any time find or recover the said leafe, that then he will deliver the fame as whole, uncancelled and undefaced as when found or recovered, to the faid H. lord B. or to his fteward, for his the faid H. lord B.'s ufe and benefit.

Sworn, &c.

A. B.

That an Elate agreed to be conveyed by two Co-heirs is free from

Incumbrances.

R. R. and M. R. both of fpinfters, feverally make oath,
That neither they, nor either of them, have or hath, at any time
before the making of this affidavit, granted, bargained, fold, aliened,
or otherwife difpofed of, All that, &c. (the parcels) which now are
agreed to be fold and conveyed unto T. W. of -; but that the
faid.
are, at the time of making this affidavit, free and clear
of and from all manner of grants, bargains, fales, leases, judgments,
troubles and incumbrances whatsoever, had, made, done or fuffered by
them the faid R. R. and M. R. or either of them, to any perfon or
perfons whatsoever.

(9.)

Sworn, &c.

R. R.

M. R.

Of the Purchafe of a Papifl's Efate, conveyed by Deeds, inrolled
Chancery, in order to be difcharged of double Taxes.

bart. hath

B. of maketh oath, That Sir T. W. of purchased of the right honourable L. M. the manor or lordship of &c. and this deponent further maketh oath, that all and fingular the before mentioned manors and premiffes are by one indenture, bearing date the laft paft, and by one other indenture of bar