Acres 40,000

above 40,000 acres of moor, fenny, boggy, drowned or surrounded grounds, wafte or commons did belong, whereon his majefty had a chafe of red deer, and was known by the name of H. chafe or level, his majefty, for the good of his kingdom in general, and the cafe of his fubjects of thofe counties in particular, from the faid deer, which the commoners and inhabitants were much annoyed with, and for the advancement of his revenue, with advice of the lords and others of his majelty's mott honourable privy council, by article under the great feal of E. bearing date the 24th day of May, in the fecond year of his reign, with C. V. efq; allowed him one part in three of the wafe, moors, commons, boggy, fenny and furrounded grounds, for his pains By the frit ar and charges in draining thereof. And whereas upon another conticle, 24th cay tract under the great feal of E. made by and with the advice of of May, 2 Car the lords and others of his majefty's most honourable privy council, dated the 27th day of Cober, in the 4th year of his reign, his faid majefty, for the confideration of 16,8col. fine, and a fee-farm rent agreed to be referved, did contract and agree with the faid C. V. that he the faid C. V. together with the faid third part, which by the fir contract he was to have for his charges of draining, fhould have well and fufficiently conveyed and affared to him and his heirs for ever, the faid manors of H. cum membris W. as alfo fo much of the wafle and common

1. C.. was to

have one part in three.

By the fecond article, dared

the 25th of October, the 4th year of ar.

1. C. V. for

have his third part, and aifo

the king's part

conveyed to him and his

heirs for ever, under a re ferved rent of 4851.

The confideration paid by J. V. Imprimis 150,cool.

The fift letters parent to C. V. dated the 5th

of February, 4 Car. 1. to hold for ever

16.800l. was to belonging to all the feveral inanors herein before mentioned and specifi ed, which were to be or fhould be allotted to his faid late majesty, for his fhare and proportion therein, freed and difcharged from all title and intereft of common, and other claims what foever: And whereas the faid G. V. by the affiftance of his participant J. V. and at the faid 's proper expence of above 13,300l. did drain all the faid waste and furrounded ground, purfuant to the faid C. V's firft contract: And where as his faid late majefly, in part of performance of his faid agreement. did by the request of the faid C. V. by his letters patent under the great feal of E. dated the 5th day of February, in the 4th year of his late majefly's reign, give and grant unto the faid C. V. and his heirs for ever, the aforefaid manor of H. cum membris IV. and the feveral propor tions fet out and allotted to the king and drainer, for their fhares of the wafte belonging to the fame manors, under several new increafed yearly fee-farm rents thereby referved, amounting to 4851. per ann. And whereas his faid late majefty, in farther performance of his faid contract, did by other letters patent under the great feal of E. dated the 24th day of March, in the 11th year of his reign, at the nomination and humble fuit of the faid C. V. and J. V. in truft for them, give and grant to Sir IV. C. knt. R. C. alderman of L. Sir C. H kot. T. B. efq; 7. L. merchant, and T. V. and their heirs, feveral lands and he reditaments in the faid laft recited letters patent expreffed, being the feveral proportions fet out for his faid late majefty, and the faid drainer's fhares in the furrounded grounds and walte, belonging to the faid manor of S. C. R. C M. G. cum membris, E. cum membris, and the ifle of A. J. P.dated the under feveral new referved yearly fee-farm rents, amounting to 775 24th of March, 17s. per unn. ind whereas by the faid, recited contracts, as in the faid 11 Car, 1. SC. feveral above mentioned letters patent, his faid majesty bath covenanted and granted, to and with the faid patentees, that he, his heirs and fuc ceffors, would give his and their free and royal affent to a bill or act of farm 7757 175. parliament, for the better affurance of the faid lands and hereditaments,

the manor of H. W. the feefu m rents 4857.

The Second

letters patent

to Sir W. C.

R. C. Sir C. H.

T. B. J. L. T. V. in truft for C 1. and

R.C.M G. E

and the if of 4. the fee

Der ann.

by

by the said feveral letters patent granted or mentioned to be granted, The king coand in performance thereof, it was Enacted, after the restoration, by his venanted to late majefty king Charles the Second, and by and with the confent of affent to an act give his royal the lords fpiritual and temporal, and commons, in parliament then af- for confirmafembled, and by authority of the fame, that the faid two several before tion; accordrecited letters patent, the one dated the 5th of February, in the 4th ingly enacted. year of his late majefty king Charles the firft's reign, and the other dated the 24th of March, in the 11th year of his faid reign, and all the title, eftates and interefts thereby made, created, paffed or granted, or mentioned or intended to be granted, as were heretofore walle, moors, fifhings, commons or furrounded grounds, lying within or belonging to the feveral manors or reputed manors therein mentioned, except the lands within the manors of M. being parcel of the poffeffion of the duchess of C. fhould be to, &c. and to hold them for ever: And whereas the faid C. V. W. C. R. C. Sir C. H. T. B. J. L. and T. V. did in and by their deed of feoffment, dated, &c. for the confideration of the fum of 13,000l. before mentioned to be difburfed by the faid 7. V. in draining the aforefaid premiffes, and alfo for the confideration of the further fum of 10,000l. difburfed for the faid C. V. and the other patentees in payment for the faid letters patent, and money paid to the faid C. V. and alfo for the further fum of 20,000l. to the said C. V. &c. in hand paid, at or before the executing the faid indenture, and for other confiderations therein comprifed, the faid C. V. &c. did grant, bargain, fell, infeoff, and confirm unto the faid J. V. the aforefaid premiffes, to hold to the faid J. V. for ever: And whereas the faid J. V. Feoffment to was a foreigner, and was never naturalized at the time of his death, by 7. V. who was reafon whereof the premiffes that he was intitled unto is become a foreigner, vefted in the crown of G. B. by virtue of its prerogative royal, n tu alized, the duchy of C. or the laws of this kingdom tending thereto: whereby preAnd whereas the deed and other proofs are now in the hands, cuftody miffes became or power of the faid C. V. and thereby the premiffes are now under veiled in the concealment, infomuch that the crown is not apprifed thereof, nei- crown, but ther is the crown or prerogative able to affert and prove their title therefrom. or the forfeiture thereof, without the producing the aforefaid deed, Discovery by whereby the fame premiffes became velled in the faid 7. V. for C. D who may that the faid C. D. hath of his own accord applied to, and made obtain letters difcovery of the aforefaid premiffes to the faid A. B. whereby he patent. is enabled by fuch proofs to veft the title thereof in the crown,

and never na

concealed

and by his intereft may obtain letters patent thereof; Now for Confideration the confiderations aforcfaid, and for the confideration that the faid of producing C. D. fhall at all time and times hereafter, upon reafonable notice proofs. to him given under the hand of the faid A. B. attend and produce the aforefaid and other proofs which he hath in his hands, cuftody or power, relating to the aforefaid premiffes, it is agreed on, concluded and covenanted, to, by and between the partics to these prefents in manner following; that is to fay, that he the faid C. C. D. coveD. doth hereby covenant, promile and oblige himself, &c. that he wants to prothe faid C. D. fhall and will, as often as required by the faid A. B. duce the lau e. attend at any time and place, and there produce before the faid A. B. or any other perfon, the above mentioned deed of feoffment, and all other proofs that are in his hands, cultudy or power, or

Notice of attendance therewith.

A. B. to pay

CD. on executing thefe prefents.

C. D. 1000l.

per ann. until

which fhall or may come into his hands, cuflody or power, touching or relating to the afore-mentioned, and herein comprifed premiffes, which the faid F. V. was intitled unto at the time of his death. Provided always, that the faid C. D. fhall have 24 hours notice thereof, for every 40 miles that the faid C. D. is to go, ride or otherwife be conveyed in relation thereto, and his reafonable travelling charges paid down according to his ability: In confideration whereof, and for the confideration before mentioned, the faid A. B. doth for himself, &c. covenant, grant and agree. to and with the faid C. D. &c. that at and before the executing of hefe prefents, there fhall be paid to the faid C. CD to have D. by the faid A. B. or his order, the fum of and that the third faid third part part of the premiffes herein before mentioned to be granted by the of premifles crown to the faid A, B. or to any other perfon or perfons for him or granted, coveyed to him them, or to any other patentee or patentees whatsoever, fhall be by at cofts of A. B. him the faid A. B. &c. his or their order, direction or procurement, conveyed to the faid C. D by him or them, within one month after fuch patent obtained to hold to the faid C. D. &c. for and during the time to be limited, expreffed, inferted, mentioned or comprised in the faid letters patent, and to be conveyed to the said C. D. &c. at the proper cofts and charges of the said A. B. &c. and freed from and of all A. B. to pay incumbrances what foever; And for fuch grants from the crown and conveyance from the faid A. B. &c. the faid A. B. doth for himself, &c. farther covenant, grant, promise and oblige himself, and agree to and with the faid C. D. &c. that he the faid A. B. &c. fhall and will part be execut- pay or caufe to be paid unto the faid C. D. &c. the fum or annuity of 1ool. per ann. to be paid quarterly on the days of payment uled for that purpofe, (viz.) the annuity, &c the firtt payment to commence from, &c and to be paid on, &c. and fo on fucceffively until fuch conveyance of the premiffes before mentioned is made and executed by, &c. to the faid C. D. The said A. B for the confideration before expreffed, doth cover venant and agree to and with the faid C. D. &c. that C.D. to have he the faid C. D. fhall be employed in and have the whole management the whole ma- of the fuing or otherwife profecuting of the faid pretended owners of nagement of the premiffes before mentioned, for obtaining poffeffion of the feveral the fuing the Owner of the premifles, &c. and for the default of conveying the faid third part, acpremities. cording to the tenor of these prefents, to the faid C. D. &c. that then it shall and may be lawful, by virtue hereof and of the contents herein comprifed, for the faid C. D. &c. to enter into and upon any part of the premiffes herein before mentioned, in the name of the whole, and fo it to retain without being accountable for the fame, till the taid A. B. &c. or any other patentee or patentees fhall make and execute fuch devile or devifes, conveyance or conveyances, affurance or affurances of the faid third part of the premiffes, as is before expreffed unto the faid C. D. &c. any thing herein contained, or in the laws, to the contrary hereof in any wife notwithstanding. In witness, &c.

a conveyance

of the third

ed.

C. D. to enter into the whole

in default of conveyance of a third.

Agreement

Agreement for paling a Particular, rated in Fee-fimple, under the Great Seal, to two Patentees, and from them to the Purchafer.

WHEREAS the faid R. H. hathi already delivered unto the faid

R. T. a particular in parchment, already rated by the commif, fioners of the manor of R. with the appurtenances in the county of r. per ann. 10/ to be paffed from the king's majesty by letters patent under the great feal of England, amongst other things in fee-fimple, to fuch perfon or perfons, patentee or patentees in truft, their heirs and affigns for ever, as the faid R. T fhall think fit, and from the faid patentee or patentees to F. B. of, &c. his, &c for ever: And whereas for the doing and finishing thereof, the faid F. B by the hands of the faid R. H. hath, at the enfealing and delivery of these prefents, paid and delivered unto the faid R. T. the fum of, &c. in full fatisfaction of and for the clear and abfolute purchase of the faid manor, and of and for all charges for the fame to be answered or paid in any wife, either to his majefty, or any other for the purchase of the fame manor, other than for the inrolling of the conveyance or affurance to be made by the faid patentee or patentees to the faid F. B. his, &c. and other than for the charges of the procuring of the furvey of the woods growing upon the premiffes, both which are to be done at the cofts and charges of the faid F. his, &c. In confideration whereof the faid R. T. doth covenant and grant for him, his, &c. by these prefents, to and with the faid R. H. his, &c. and every of them, in manner and form following, that is to fay, That he the said R. 7. his, &c. fhall and will, at his and their own proper cofts and charges, do his and their best endeavours to procure the fame manor of R. with the appurtenances, to be paffed and granted from his majefty, his heirs and fucceffors, amongst other things,' in fee-fimple, by letters patent under the great feal of England, to the faid patentee or patentees, their, &c. for ever, before the 25th day of

next enfuing the date hereof, and the fame premiffes fo paffed and granted as aforefaid, fhall and will caufe and procure the faid paten tee or patentees to convey and affure the faid manor of R. with the appurtenances, by deed acknowledged to be inrolled under the faid F. B. his, &c. for ever, in fuch manner and form, and with and under fuch covenant and warranties as in like cafes is ufed and accustomed; and it is fully agreed by and between the faid parties, that if in cafe the faid R. T.his, &c. cannot before the fald 25th day of next coming, procure the faid manor with the appurtenances, to be paffed and granted by letters patent from his majefty, as aforefaid, that then he the faid R. T. his, &c. fhall and will, within ten days next after the faid 25th of. well and truly content and repay, or cause to be repaid, unto the faid F. B. his, &c. the faid fum of 120l. at or in, &c. the faid R. T. his, &c. then defaulking out of the faid fum fo to be repaid, the fum of 61. of, &c. for fuch charges as the faid R. T. his, &c. fhall disburse or lay out, of, for or about the faid manor.

VOL. I

Kk

An

An Agreement in Articles of Purchase, that if a good Title and perfett Con veyance cannot be made on or before a certain Day, the Premises fball fland as a Security for the Money paid down and Intereft, which the Vendors covenant to pay; the Profits received by the Purchafer to go in Part of Payment.

IT

T is hereby further agreed and declared by and between all the faid parties to thefe prefents, and particularly the faid (vendors) do hereby agree and declare, that in cafe they cannot make out a good title to, and execute and perfect fuch conveyances and affurances of the premiffes as aforefaid, on or before the day of, &c. now next enfuing, then the faid manor, &c. and every part thereof shall remain and be a fecurity to the said (purchaser) for securing to him, his, &c. the repayment of the faid fum of. -7. now by him paid as aforefaid, at or upon the faid day of, &c. now next enfuing, together with intereft for the fame, after the rate of, &c. from henceforth, in the mean time and until payment thereof, which in fuch cafe they the faid purchafers do hereby for themfelves feverally and refpectively, and for their feveral refpective heirs, &c. promife and agree to pay accordingly, and then alfo in fuch cafe all fuch rents, &c. as he the faid purchajer fhall have received by or out of the premiffes as aforefaid, thall be deemed and allowed by him in part of payment of the fame —————— 1. and intereft.

Recitals.

deeds.

part of the mo ney, and fecur

An Agreement in Purfuance of an Agreement on the Purchase of a Manor, Reory, &c. that Part of the Purcbafe-Money being paid down, and a Mortgage made to the Vendor for fecuring the Refidue, (the Title to the Reaory being doubtful) that Part of the Sum fecured should be retained in the Hands of the Purchafer to indemnify him till the faid Title can be made effectual by act of Parliament, &c. the Reory to be valued by Arbitrators; and in cafe of Eviction or Compofition, or any Claim, what the Purchafer may retain.

THI

HIS Indenture made, &c. Between A A. of, &c. nephew and heir of B. A. late of, &c. of the one part, and C. C. of, &c. of 1. Of purchase the other part: Whereas, &c. (recital of a purchase by leafe, releafe and bargain and fale, of manors, rectory, &c.) And whereas, upon executing 2. That pure, the faid deeds of purchafe, only 5000l. part of the faid fum of 15,000. chaferhad paid purchase-money, were actually paid to the faid A. A. by the faid C. C. and 10,000l. refidue thereof, together with the intereft for the fame, at the rate of 51. per cent. per cnn. were agreed to be fecured to the faid A. A. by mortgage of the premiffes, fubje&t nevertheless to such deductions as are herein after mentioned; for which purpose the faid C. C. and D. C. have by indentures bearing even date, &c. demifed and mortgaged 3. A doubt as the premiffes to the said A. A. his, &c. for, &c. as by, &c. And to the vendor's whereas by reafon of the laft will and teflament of the faid B. A. or otherwife, it may be very doubtful whether the said A. A. could legally and effectually fell and convey the faid rectory, &c. to the faid C. C. and D. C. and the heirs and affigns of the faid C. C. in manner afore

ed the rest by mortgage to

the vendor.

title to the

rectory, &c.

2

faid;