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possess, and enjoy the said messuage, tenement, lands, and premises hereby or intended to be hereby conveyed and assured to the use of the Lands in Wales. said (vendee) his heirs and assigns, as aforesaid; and to receive and take the rents, issues, and profits thereof, and of any part thereof, to and for his and their own use and benefit, without the lawful lett, suit, molestation, or interruption of or by the said (vendee) and (trustee) party hereto, or either of them, their, or either of their heirs or assigns, or of or by any other person or persons lawfully claiming or deriving any estate right, title, trust, or interest of, into, or out of the said messuage, tenement, lands, and premises, or any part or parcel thereof, by, from, or under Free from in- them, any, or either of them. AND that free and clear, and freely and clearly acquitted, exonerated, and discharged or otherwise by the said (vendee) his heirs, executors, and administrators, well and sufficiently saved, defended, kept harmless and indemnified of, from, and against all former and other gifts, grants, bargains, sales, leases, mortgages, jointures, dowers, rights and titles of dower, uses, trusts, charges, and other incumbrances whatsoever had, made, done, committed, occasioned, or suffered, or to be had, made, done, committed, occasioned, or suffered by the said (vendor) or by the said (trustee) party hereto, or by the said (trustee) deceased, or by the said (grandfather) or by the said (uncle) deceased, or by or through any of their means, assent, conFor further as- sent, default, privity, or procurement. AND MOREOVER, that he the said (vendor) and his heirs, and all and every other person or persons having or deriving, or who shall or may have or
lawfully claim or derive any estate right, title, FINES AND trust, or interest, either at law or in equity of, into, or out of the aforesaid messuage, tenement, lands, and premises hereby or intended to be Lands in Wales. hereby conveyed and assured to the use of the said (vendee) his heirs and assigns, as aforesaid, or any part or parcel thereof, from, by, or under, or in trust for him, or by, from, or under any of the persons, as aforesaid, shall and will from time to time, and at all times hereafter upon any reasonable request and at the costs and charges of the said (vendee) his heirs and assigns, or some or one of them, make, do, acknowledge, levy, suffer, and execute, or cause and procure to be made, done, acknowledged, levied, suffered, and executed, all and every such further and other lawful and reasonable act and acts, thing and things, devises, conveyances, and assurances in the law whatsoever, for the better, perfect, and absolute granting, conveying, and assuring, of the said messuage, tenement, lands, and premises, with their and every of their appurtenances, unto and to the use of the said (wendee) his heirs and assigns, for ever, according to the true intent and meaning of these presents, as by the said (vendee) his heirs or assigns, or his or their counsel in the law shall be lawfully and reasonably devised or advised and required, so required, so as such further assurances contain in them no further or other warranty or covenants than against the person or persons, and his, her, and their heirs, who shall make or execute the same, and so as the party or parties who shall be requested to make such further assurance, be not compelled or compellable for
FINES AND the making or doing thereof, to go or travel from his, her, or their usual place or places of abode. IN WITNESS, &c.
Extract from Bargain and Sale inrolled, leading the Uses of a Recovery of Lands in Ancient Demesne.
TO HAVE AND TO HOLD the said, &c. and all Lands in An- and singular other the premises hereinbefore mencient Demesne. tioned and intended to be hereby bargained and
sold with their and every of their appurtenances
or as soon after as conveniently may be, to sue forth and bring out of his Majesty's High Court of Chancery, and prosecute in the Court of his
Majesty's manor of Havering at the Bower, in FINES AND the county of Essex, according to the custom thereof against the said (tenant) one or more writ or writs of right close in the nature of a Lands in Anwrit or writs of entry sur Disscisin en le post, to be directed to the bailiff of the manor aforesaid; in and by which said writ or writs the said (demandant) shall and may demand against the said (tenant) the said hereditaments and premises, by such apt and convenient names, certainties, quantities, qualities, numbers of acres, and other descriptions in the said writ or writs to be comprised, as shall be advised or adjudged necessary; unto which said writ or writs the said (tenant) in his proper person shall appear gratis, and make defence therein, according to the custom of the manor aforesaid, and shall thereupon vouch to warranty the said (vendor) party hereto, who shall thereupon also appear gratis in his own proper person, (1) and enter into warranty, and make defence therein, according to the custom of the said manor; and shall thereupon vouch over to warrant the common vouchee of the same court, who shall also appear and enter into warranty, and imparle, and after such imparlance had, make default and depart in contempt of the court, so as judgment shall and may be thereupon had and given for the said (demandant) to recover the said hereditaments and premises against the said (tenant) and for him to recover in value against the said (vendor) party hereto, and for him to recover in value against the common vouchee; AND the execution shall
(1) Query, whether this recovery could be suffered by attor ney? Ed.
FINES AND and may be thereupon awarded and had accordingly, and all and every other act and thing be done and executed, needful and requisite for the Lands in An- suffering and perfecting such common recovery or recovery with vouchers as aforesaid, according to the custom of the said manor, and the usual course of common recoveries for the assurance of lands within the same manor, in such cases time out of mind of man used and approv ed. AND it is hereby further covenanted, concluded, declared, and agreed upon, by and between all and every the said parties to these presents; and it is the true intent and meaning of them and of these presents, that from and immediately after the said common recovery or recoveries shall be had, suffered, executed, and perfected, of all and singular the said hereditaments and premises, with their and every of their appurtenances as aforesaid, the same common recovery or recoveries so as aforesaid, or in any other manner, to be had, suffered, executed and perfected, and the executions thereof respectively, and also of these presents, and all and every other common recovery and recoveries, fines, conveyances, and assurances whatsoever, had or to be had, made, levied, suffered or executed, of the same hereditaments and premises, or any part thereof, with their appurtenances, by any name or names, description or descriptions whatsoever, by or between the said parties to these presents or any of them, or whereunto they or any of them are, is, or shall be parties or party, privies or privy, shall operate, be, and enure, and shall be construed, adjudged, deemed, and taken, to operate, be and enure; and the recoveror and recoverors, and his and their