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|Date 24th September 1668
(1) Kingsman, Philip, clerk, of Leigh de la Mere.
(2) Flower, John, of Chippenham, tailor.
Enfeoffment of a messuage in the Old Port of Devizes with an orchard.
This indenture made the 24th September in the twentieth year of the reign of our sovereign Lord Charles the second by the Grace of God of England, Scotland, France and Ireland, King, Defender of the faith Anno Domini 1668 Between Phillip Kingsman of Leigh Delamere in the county of Wiltshire, clerk of the one part and John Flower of Chippenham in the County of Wilts aforesaid tailor of the other part
Witnesseth that the said Phillip Kingsman clerk as well foresaid in consideration of a marriage shortly by God’s permission to be held and solemnized between the said John Flower and Bridget Kingsman one of the daughters of the said Phillip Kingsman and for and towards a competent jointure to be made to the said Bridget and for the better maintenance and provision to be made for them the said John Flower and Bridget Kingsman and their heirs and assigns and in consideration of a marriage portion as also for divers and sundry other good causes and considerations him the said Phillip Kingsman hereunto especially moveing Hath granted a house enfeoffed and confirmed and by these presents doth grant then enfeoff and confirm unto the said John Flower and to his heirs and assigns forever
All that the messuage or tenement with the appurtenances of late years divided into two old tenements then in the tenure and or occupation of one Stephen Flower and John Marchant and now in the tenure or occupation of William Taylor and Roger Jenkinson of their assigns or their assignees situate lying and being in the Old Port of the Borough of Devizes in the county of Wiltshire aforesaid
and all that Orchard near thereunto adjoining rents there owing by estimation half an acre or thereabouts now in the tenure of one Richard Overton his assignees or assigns
and also one other orchard with appurtenances rents there owing of the estimation of one acre be it more or less lying and being in the Old Port of the Borough of Devizes aforesaid where said orchard lieth between the town ditch on the west part the street or Kings highway on the east and the land of Thomas Long, gent on the north part and a lane or Senior way on the south part thereof now in the tenure or occupation of Richard Overton’s aforesaid assignee or assignees
and all ways waters gardens paths profits advantages and hereditaments whatsoever to the before mentioned messuages or tenements and orchards belonging or appertaining or reputed to belong or appertain or therewith used occupied or enjoyed as part and parcel or means thereof and the reversion and reversions remainder and remainders rents and services whatsoever received of the premises or any part or portion whereof together with all the estate right title interest use property claim and indenture whatsoever of him the said Philip Kingsman of in or to the premises and any part and parcel thereof
And also the true copies of all such deeds writings and indentures as contend the premises or any part or parcel thereof to be copied at the costs and charges of the said John Flower his heirs or assigns or some or one of them
To have and to hold the said messuages or tenements and orchards and all and singular other the premises and also any therein appurtenances and any part and parcel thereof unto the said John Flower his heirs and assigns forever (to be holden of the chief Lord or Lords of the fee or fees of the premises by the rents and services therefore indentured of right accustomed)
To such uses interests limitations and purposes as are herein mentioned and expressed and to none other use behest intent limitation or purposes (that is to say)
to the use and behoofe of the said Bridget Kingsman for and enduring the term of her natural life for and in the name of her jointure and from and after decease of the said Bridget then to the use and behoofe of the said John Flower and of the heirs of his body lawfully begotten and to be begotten on the body of the said Bridget for ever and for default of such issue then to the use and behoofe of the right heirs of the said John Flower forever and to none other use intent limitation or purpose whatsoever.
And the said Philip Kingsman for himself his heirs executors and administrators and for any of them doth covenant promise and grant to and with the said John Flower his heirs and assigns and to and with any of them by these proofs in manner and form following (that is to say)
that he the said Philip Kingsman the day or the date thereof and at the sealing and dating of these present indentures is the very true lawful and rightful owner and proprietor of all and singular the premises and of every part and parcel thereof before remembered and of any part and parcel thereof is lawfully seized of good estate of inheritance in fee simple without any manner of condition redemption or mortgage and without any limitation of use or uses to alter change changes or determine thereafter And that the said Philip Kingsman hath full power good right and lawful authority by good title in the law to give grant convey and assure the said premises and every part and parcel thereof before remembered with the appurtenances unto the said John Flower and to his heirs to the uses afforded in such manner and form as herein before is mentioned and expressed.
And that the said messuages or tenements and premises with the appurtenances now are and be and so from time to time and at all times for ever here after shall and may continue remain and be unto the several uses hereto before limited free and clear and freely clearly and absolutely exonerated acquitted and discharged or otherwise by him the said Philip Kingsman his heirs and assigns well and sufficiently saved defended and kept harmless and indemnified of and from all and all manner of former and other bargains and sales gifts grants leases conveyances assurances mortgages jointures dowers titles of land wills entails uses statutes merchant and of the staple recognizances bonds debts judgments executions exchange rents award away of rents fines lost fines assigns and amercements and of and from all and all manner of other titles troubles charges encumbrances and demands whatsoever has made committed omitted acted executed or suffered or to be had made, made committed omitted acted executed or suffered or to be had made committed omitted acted executed or suffered by the said Phillip Kingsman or by his heirs or by any other person or persons whatsoever lawfully claiming devising or to claim or devise from by or under him them or any of them.
And also that it shall and may be lawful to and for the several persons to whose use the premises are herein before limited from time to time and at all times forever hereafter peaceably and quickly to have the use occupy possess and enjoy the said messuages or tenements orchards and premises with appurtenances herein before mentioned to be hereby granted and every part and parcel thereof according to the intent and meaning of these present without any lawful let molestation disturbance contradiction eviction or denial of the said Phillip Kingsman his heirs or executors administrators or assigns or of any other person or persons whatsoever lawfully claiming or devising or that shall or may claim the said premises or any part thereof ………………. Phillip Kingsman or of from or under his heirs or assigns or by from or under any other person or persons lawfully claiming by from or under him the said Phillip Kingsman or ……… his right title interest attestate assent consent means priority or procurement.
And further that the said Phillip Kingsman his heirs and assigns and every of them …. Having or lawfully claiming to have out of or in or to the said premises or out of in or to any part or parcel thereof before remembered by any former act or conveyance in by or under him the said Phillip Kingsman shall and will from time to time and at all times hereafter during the space of seven years next after the date of these presents enter upon every reasonable and lawful request of the said John Flower his heirs or assigns do make knowledge perfect procure execute cause and suffer to be done made perfected and executed and every such further and other lawful and reasonable act and acts thing and things devise and devised conveyances and assurances in the law whatsoever touching or concerning the premises and every or any part or parcel thereof before mentioned to be conveyed and assured to the uses and intents aforesaid (according to the true intent and meaning of these present indentures) either by aim in and form of law to be acknowledged and levied with proclamations thereupon to be had and pursued according to the form of the statute in that behalf made and provided only any other lawful or reasonable ways or means as by the said John Flower his counsel learned in the law (at the cost and charges of the said John Flower) shall reasonably advise devise or require in that behalf
And that all fines feoffments discoveries and all other estates conveyances and assurances whatsoever which at any time hereafter shall be had made done acknowledged perfected or executed of the said premises or of any part or parcel thereof between the parties to these presents or by or between any of them shall for the consideration afore said be to the uses behoofes intents limitations purposes herein before these presents expressed and declared and to none other use behoofe intent limitation or purpose whatsoever
And lastly know ye that the said Phillip Kingsman hath authorized ordained made nominated constituted appointed and insisted granted hath by these presents put his well beloved friends Roger Stone John Scott both of the Devizes persons of gentry to ………for him………. Jointly or severally into the said messuages or tenements orchards and other the premises before mentioned to be by these presents granted bargained enfeoffed and confirmed or into some or any part thereof in the name of the whole to enter and full and peaceable possession and seisin thereof or some part thereof in the name of the whole in his name to take
And after possession and seisin thereof so had and taken then full and peaceable possession and seisin thereof of some part thereof in the name of the whole for him and in his name and for to deliver unto the said John Flower or to his certain attorney in that behalf to the uses behoofes intents limitations and purposes herein before by these presents committed expressed and declared and to none other use behoofe intent limitation or purpose ratifying allowing and confirming all and whatever his said attorney or other of them jointly or severally shall do or accomplish in or about the premises to be as good and effectual to all intents and purposes as if he the said Phillip Kingsman actually had done the same In witness whereof the parties first above named to these present indentures interchangeably have set their hands and seals to … and …first above written …..