turbance whatsoever of, from or by the said A. Z., or his heirs, or any person or persons lawfully or equitably and rightfully claiming or to claim by, from, under or in trust for him or any of his ancestors; and that, free and clear, and freed and absolutely acquitted, exonerated and discharged, or otherwise by the said A. Z., his heirs, executors and administrators, well and effectually saved, defended, kept harmless and indemnified of, from and against all former and other gifts, grants, bargains, sales, leases, mortgages, rents, jointures, dowers, settlements, uses, trusts, wills, intails, statutes, recognizances, judgments, extents, executions, and all other estates, titles, troubles, charges and incumbrances whatsoever, had, made, done, committed, executed, or wittingly suffered or consented unto by the said A. Z., or any of his ancestors, or any person or persons claiming by, from, through, under or in trust for him, them or any of them, or by or through his, their or any of their acts, means, default, privity, consent or procurement: And further, that the said A. Z. and his heirs, and all and every persons and person whosoever having or lawfully or equitably claiming or to claim any estate, right, title, trust or interest in, to or out of the aforesaid manor of -, by, from, through, under or in trust for him or any of his ancestors, shall and will from time to time and at all times hereafter, upon the reasonable request, and at the proper costs and charges in the law of the said C. D., his heirs or assigns, make, do and execute, or cause and procure to be made, done and executed all and every such further and other acts, deeds, conveyances and assurances in the law whatsoever, for the further, better and more perfectly and absolutely enfranchising all and singular the said messuages, lands, hereditaments and premises hereinbefore granted, released and enfranchised, or intended so to be, with their appurtenances, as by the said C. D., his heirs or assigns, or his or their counsel learned in the law, shall be lawfully and reasonably devised or advised and required, so as such further assurances contain in them no further or other covenant or warranty than against the person or persons making and executing the same, and his or their own heirs and ancestors' acts and deeds respectively, and so as the party or parties required to make and execute such further assurance or assurances be not compelled nor compellable for the purpose thereof to go or travel from his or their usual place or places of abode: And lastly, that he the said A. Z., his heirs or assigns, shall and will from time to time and at all times hereafter, upon reasonable notice and at the request, costs and charges of the said C. D., his heirs or assigns, (unless prevented by fire or other inevitable accident,) produce and show forth, or cause and procure to be produced and shown forth unto him or them, or to his or their counsel, attornies, solicitors or agents, or in any court or courts of law or equity, or upon any motion, petition, examination, commission, trial or hearing, or otherwise as occasion shall require, all or any of the deeds, evidences and writings specified in the schedule hereunder written, for the manifesting, evidencing, maintaining, defending and proving the title, estate, right, interest, property and possession of the said C. D., his heirs and assigns, in and to the freehold and inheritance of the said messuages, lands, hereditaments and premises

mentioned or intended to be hereby granted, released and enfranchised, or any of them. In witness, &c.

(The schedule abore referred to.)

(Deed of enfranchisement under a power in a marriage settlement.) This indenture of three parts made the —— day of &c., between A. B. of &c., and C. D. of &c., [the trustees for sale and enfranchisement,] of the first part, E. F. of &c., [the tenant for life in possession,] and G. his wife of the second part, and H. H. of &c., [the copyholder,] of the third part: Whereas by virtue of indentures of lease and release bearing date &c., and made between the said E. F. of the first part, the said G. F. now the wife of the said E. F., (by her then name and description of G. G. of &c., spinster,) of the second part, the said A. B. and C. D. of the third part, and I. K. and L. M. [trustees of a term of years for securing portions &c.,] of the fourth part, (being the settlement made previous to and in contemplation of the marriage then intended and which was soon afterwards duly had and solemnized between the said E. F. and G. F. his wife,) the manor of in the county of, with its rights, members and appurtenances, was (together with other manors and hereditaments) limited, settled and assured (from and after the solemnization of the said marriage between the said E. F. and G. F. his wife) to the use of the said E. F. and his assigns for the term of his natural life without impeachment of waste, with remainder to the use of the said A. B. and C. D. and their heirs during the life of the said E. F. in trust to preserve contingent remainders, with remainder to the use and intent to secure to the said G. F. and her assigns for her life the jointure annuity therein mentioned and in such manner as therein is expressed, and subject thereto to and for the several uses, intents and purposes, upon the several trusts and with, under and subject to the several powers, provisos, limitations, declarations and agreements in the said indenture of release limited, declared, expressed and contained of and concerning the same estates respectively, and with the ultimate limitation or reversion to the use of the right heirs of the said E. F. for ever; and in which same indenture of release was contained (among other powers or provisos) the usual powers of leasing and of sale and exchange, and also a power or proviso whereby it was agreed and declared by and between all the parties thereto that it should and might be lawful to and for the said A. B. and C. D., and the survivor of them or his heirs, at any time or times thereafter during the life of the said E. F., with the consent and approbation of the said E. F. and G. his wife, or of the said E. F. alone if he survived his said wife, (to be testified by some writing under their or his hands and seals or hand and seal, and to be attested by two or more credible witnesses,) to enfranchise, and for that purpose to grant, bargain, sell, release and confirm all or any of the messuages &c., holden by copy of court roll of all or any of the manors mentioned or intended to be thereby granted and released, for such price or prices in money as should be thought reasonable, and upon payment of the money to arise

by any such enfranchisement or enfranchisements, to sign and give a proper receipt or proper receipts for the consideration money of such enfranchisement or enfranchisements, which receipt or receipts respectively should be a sufficient discharge to any person or persons to whom such enfranchisement or enfranchisements respectively should be made for so much money as should be therein expressed or acknowledged to be received, and that the person or persons paying the consideration money for any such enfranchisement, his, her or their heirs, executors, administrators or assigns, should not afterwards be bound to see to the application of the same monies nor be responsible for the loss, misapplication or non-application thereof or any part thereof: And it was by the reciting indenture of release and settlement further agreed and declared, that when any of the said premises should be enfranchised, and such proper receipt be given for the consideration money of such enfranchisement, the freehold of all and every the messuages, farms, lands, tenements and hereditaments so enfranchised should be and remain for ever from thenceforth freed and absolutely discharged of and from all and every the uses, trusts, limitations, powers, provisos, declarations and agreements in and by the said indenture of release and settlement limited, declared or expressed, and then and from thenceforth the same indenture and the grant and release thereinbefore contained should be and enure, as to and concerning the hereditaments and premises so to be enfranchised, to the only use and behoof of the person or persons to whom such enfranchisement or enfranchisements should be respectively made, and of his, her and their heirs and assigns for ever: And it was thereby further agreed and declared, that upon every such enfranchisement as aforesaid it should be lawful for the said A. B. and C. D., and the survivor of them and his heirs, with such consent and approbation and so testified as aforesaid, to grant, limit and appoint unto and to the use of the person or persons to whom any such enfranchisement should be made, and to his, her or their heirs and assigns, all such right of common in and over the wastes of the manor or respective manors whereof such copyhold hereditaments should be respectively holden as belonged to or was held and enjoyed by the person or persons so enfranchising immediately previous to the execution of the deed or deeds whereby such enfranchisement should be made, or as any of his, her or their ancestors or predecessors held, possessed or enjoyed in respect of or as appurtenant and belonging to the hereditaments to be enfranchised as aforesaid, and the freehold and inheritance of all such commonable rights, to the intent to preserve or restore and confirm the same rights, notwithstanding the union of the freehold with the copyhold interest of and in the same hereditaments respectively (e): And whereas at a court holden for the manor of aforesaid on the day of, all and singular the lands and hereditaments hereinafter described with their appurtenances were surrendered into the hands of the lord of the same manor, according to the custom thereof, to the use of the said H. H., his heirs and assigns ever, and at the same court seizin was granted by the lord to the said

for

(e) Ante, pt. 1, p. 556.

H. H. of the same customary or copyhold hereditaments, to hold to him the said H. H. and his heirs by copy of court roll at the will of the lord according to the custom of the said manor of ; And whereas the said A. B. and C. D., with the consent and approbation of the said E. F. and G. his wife, (testified by this deed or instrument in writing, sealed and delivered by them in the presence of and attested by the two credible persons whose names are hereon indorsed as witnesses to the sealing and delivery hereof by them the said E. F. and G. his wife,) did lately contract and agree with the said H. H. for the enfranchisement of the said customary or copyhold lands and hereditaments hereinafter described at or for the price or sum of £: Now this indenture witnesseth that in pursuance and performance of the said recited contract, and for and in consideration of the sum of £- of lawful money &c., to the said A. B. and C. D. in hand well and truly paid by the said H. H. at or before the sealing and delivery of these presents, the receipt whereof the said A. B. and C. D. do hereby acknowledge, and of and from the same and every part thereof do acquit, release and discharge the said H. H., his heirs, executors, administrators and assigns and every of them for ever by these presents, They the said A. B. and C. D., by virtue and in exercise of the said power or authority in this behalf mentioned and contained in the said recited indenture of release and settlement, and by and with the consent and approbation of the said E. F. and G. his wife, (testified as aforesaid,) and by force of all and every other powers and authorities, power and authority to the said A. B. and C. D. belonging or in anywise enabling them hereunto, have enfranchised, limited and appointed, and by these presents do enfranchise, limit and appoint, And the said E. F. for the consideration aforesaid, and also in consideration of the sum of 10s. of lawful money aforesaid to him in hand paid by the said H. H. at or before the execution hereof, the receipt whereof is hereby acknowledged, and according to the estate and interest of him the said E. F., hath granted, bargained, sold, released, enfranchised and confirmed, and by these presents doth grant, bargain, sell, release, enfranchise and confirm unto the said H. H. his heirs and assigns, All &c., together with all ways &c., and the freehold and inheritance of the same premises, and the reversion &c., and all the estate &c., of the said E. F. in, to or out of the same premises and every part thereof: to have and to hold the said lands, hereditaments and all other the premises mentioned or intended to be hereby enfranchised, limited and appointed, granted, released or otherwise assured, with their appurtenances, unto and to the use of the said H. H. his heirs and assigns for ever, freed and 'absolutely acquitted, exonerated and discharged henceforth and for ever hereafter of and from all and all manner of customary fines, heriots, rents, fealty, suit of court, amercements, forfeitures, and all other customary payments, duties, services and penalties whatsoever, which by or according to the custom of the manor of aforesaid, the said lands, hereditaments and premises hereinbefore described or any of them are or is or have or hath been subject or liable to or charged with, or which would otherwise be payable or to be done and performed to the

for

lord or lady, lords or ladies for the time being of the said manor of or in respect of the same hereditaments and premises as copyhold holden of the aforesaid manor (f): And this indenture further witnesseth that for the consideration aforesaid, and in order to preserve to the said H. H., his heirs and assigns, all such right of common in and over the wastes of the manor of aforesaid as he the said H. H., or any of his ancestors or predecessors hath or have heretofore used and enjoyed as belonging or appurtenant to the lands and hereditaments hereinbefore described, notwithstanding the enfranchisement of the same respective hereditaments, they the said A. B. and C. D., by force and virtue and in exercise of the power or authority in this behalf mentioned and contained in the said recited indenture of release and settlement, and of all and every other powers and authorities, power and authority enabling them hereunto, and with the like consent and approbation of the said E. F. and G. his wife, (testified as aforesaid,) and also the said E. F. according to his estate and interest have and every of them hath granted, limited, appointed and confirmed, and by these presents do and every of them doth grant, limit, appoint and confirm unto the said H. H., his heirs and assigns for ever, all such commonage and right or title to common of what nature or kind soever in, upon and over all or any of the wastes, commons and commonable lands of or belonging to the manor of aforesaid as he the said H. H. immediately previous to the execution of these presents or as any of his ancestors or predecessors held, possessed or enjoyed in respect of or as appurtenant and belonging to the lands, hereditaments and premises mentioned or intended to be hereby enfranchised, and the freehold and inheritance of all such commonable rights as aforesaid, in as large, ample and beneficial a manner, to all intents and purposes, as he the said H. H., or any of his ancestors or predecessors hath or have heretofore used and exercised all or any of the said rights or privileges, or as he or his customary heirs could or might have used and exercised the same, if the aforesaid lands, hereditaments and premises had not been enfranchised; And the said A. B. and C. D. for themselves respectively, their respective heirs, executors and administrators, but not jointly or the one for the other of them, or the heirs, executors, administrators, acts or deeds of the other of them, do hereby covenant and declare with and to the said H. H., his heirs and assigns, that they the said A. B. and C. D. have not nor hath either of them at any time heretofore made, done, committed, executed nor wittingly suffered nor consented unto any act, deed, matter or thing whatsoever, whereby or by means whereof they the said A. B. and C. D. can or may be prevented from exercising the said recited power of enfranchisement mentioned and contained in the said indenture of release and settlement of the day of -, in the manner aforesaid and according to the true intent and meaning of these presents: And the said E. F., for himself, his heirs, executors and administrators, doth covenant, promise and agree with and to the said H. H.,

(f) If H. H. should continue a copyholder of the manor in respect of other

lands, it will be proper to add a proviso or agreement similar to that in p. 897, ante.