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A69811 The scrivener's guide being choice and approved forms of presidents of all sorts of business now in use and practice, in a much better method than any yet printed, being useful for all gentlemen, but chiefly for those who practice the law, viz. assignments, articles of agreement, acquittances, bargains and sale, bills, conditions, copartnerships, covenants, deeds, defeazances, grants, joyntures, indentures, letters of attorny, licenses, obligations, provisoes, presidents for parish business, releases, revocations, wills, warrants of attorny, &c. / by Nicholas Cobert ... Covert, Nicholas.; Bohun, William. 1700 (1700) Wing C6633A; ESTC R9889 290,539 478

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promise and grant to and with the said W.C. his Heirs Executors Administrators and Assigns by these presents That he the said T.C. his c. or some of them shall and will well and truly satisfie content and pay or cause to be satisfied contented and paid unto the said W. C. his Heirs Executors Administrators and Assigns the aforesaid 935 l. immediately after he the said W. C. his Heirs or Assigns shall have levied and acknowledged a Fine of the premises aforesaid to the sole and proper use of the said T. C. his Heirs and Assigns for ever Item It is agreed between the said parties to these presents That all Assurances and Conveyances and any and all Fine and Fines hereafter to be had levied and acknowledged of the premisses before-mentioned shall be and enure and shall be deemed and taken to be and enure to the only proper use benefit and behoof of him the said T. C. his Heirs and Assigns for ever and to no other use intent or purpose whatsoever Lastly It is agreed That if the said W. C. doth not travel in person to London or Westminster to levy and acknowledge such Fine for the sure setling of the premisses unto the said T. C. then he the said W. C. his Executors Administrators or Assigns shall pay and allow unto the said T. C. his Heirs or Assigns at the acknowledging of such Fine the Sum of 12 s. and 1 d. for and toward his charges in procuring of a Writ of Dedimus potestatem to enable him the said W.C. to acknowledge the said Fine in the Country In witness c. Articles for dividing the Rent and avoiding Survivorship between Jointenants of Lease-Lands Articles c. Between J. F. of c. of the one part and R. C. of the other part viz. IMprimis Whereas J.V. of c. by his Indenture of Lease bearing date c. for the consideration therein mentioned did demise grant and to farm let unto A.V. of c. all that Messuage c. with the Appurtenances situate lying and being in c. To have and to hold the said Messuage c. unto the said A. V. his Executors Administrators and Assigns from the Feast of St. Michael then last past unto the full end and term of seven years from thence next ensuing fully to be compleat and ended yielding and paying therefore the Sum of 20 l. of lawful Mony of England as in and by the said recited Lease it doth more at large appear And whereas the said A. V. by his Indenture of Lease bearing date c. for the consideration therein mentioned did demise grant and to farm-let unto F. J. of c. two Chambers and a Cellar being part of the Messuage or Tenement wherein the said A. V. did then live with all conveniences and appurtenances to the said Chambers and Cellar belonging To have and to hold the said two Chambers and Cellar unto the said F. J. his Executors Administrators and Assigns from the day of the date of the last mentioned Indenture of Lease unto the full end and term of five years from thence next ensuing and fully to be compleat and ended Yeilding and paying therefore yearly and every year during the said term the sum of 8 l. of lawful Mony of England as in and by the said last recited Lease it doth more at large appear And whereas the Estate Right Title Interest and Term of years to come of him the said J. V. of in and to the above-recited premisses and every part thereof is lawfully come to and vested in the above-named J. F. and R. C. by force and virtue of one Indenture of Assignment bearing date c. made by the said J. V. unto the said J. F. and R. C. as in and by the said Indenture of Assignment it doth more at large appear And whereas also the said J. F. and R. C. by their Indenture of Lease bearing date the c. for the consideration therein mentioned did demise grant and to farm-let unto D. C. of c. one Chamber and a Shop being part of the premisses first above-recited To have and to hold the said Chamber and Shop with the appurtenances unto the said D. C. his Executors Administrators and Assigns from c. next ensuing the said last mentioned Indenture of Lease until the full end and term of three years from thence next ensuing and fully to be compleat and ended Yielding and paying therefore yearly and every year the Sum of 14 l. of lawful Mony of England as in and by the said last recited Indenture of Lease it doth more fully appear Now it is covenanted concluded and agreed by and between the said parties to these presents and the true intent and meaning of either of them is That forasmuch as either of them the parties above-named have disbursed and paid equally their shares of Mony towards and for the purchasing of the premisses before-mentioned that the several aforesaid Rents of Twenty pounds Eight pounds and Fourteen pounds in and by the said several recited Leases reserved shall be equally divided and shared between the said parties to these presents And if either of the said parties to these presents shall happen to die before the end and expiration of the term and terms of years in the said several Indentures of Lease before-recited contained that then and from thenceforth it shall and may be lawful to and for the Executors Administrators and Assigns of the party deceased to have occupy receive take and enjoy the full and entire moiety or half part of all the Rents Issues and Profits of all and singular the before-recited premisses with the appurtenances in as large and ample man ner and form to all intents and purposes as the party so dying should or ought to have done if he were then living any Restraint Provision or Statute to the contrary notwithstanding and that neither of the said Parties nor the Executors Administrators or Assigns of them or either of them shall or will at any time hereafter take demand or receive any of the Rents above-reserved or make or give any discharge or acquittance of or for the same or any part thereof without the assent and privity of the other party his Executors Administrators or Assigns first had and given under their hand Item It is farther covenanted concluded and agreed unto by and between the said parties to these presents That neither of the said Parties nor the Executors Administrators or Assigns of them or of either of them shall or will at any time or times hereafter grant bargain sell assign surrender or convey his or their Estate or Estates right title interest term or terms of years to come of in or to all or any part of the before-recited premisses to any person or persons whatsoever without the knowledge consent or refusal of the other party first had or of his Executors Administrators or Assigns he or they paying as much as any other shall and will
give and pay for the same Lastly It is covenanted concluded and fully agreed upon by and between the said Parties to these presents That all and every the several Deeds and Writings before-recited shall be reputed deemed and taken to be and enure to the joint use and uses benefit and commodity of both the said parties their Executors Administrators and Assigns and to no other use intent or purpose whatsoever And that the party so keeping the said writings his Executors Administrators or Assigns shall and will upon the reasonable request of the other party his Executors Administrators or Assigns at all times hereafter produce and bring forth all and every or so many of the same Writings as shall be required either for the maintenance of their Title to the premisses or for the selling and conveying of his and their Estate and Interest of and in the moiety of all or any part of the said recited premisses In Witness c. Articles for building a new House and taking down the old one there Articles c. Betwen J. F. and R. C. viz. IMprimis The said R. C. for himself his Executors Administrators and Assigns doth covenant promise and grant to and with the said J. F. his Executors Administrators and Assigns by these presents in manner and form following That is to say That he the said R. C. his Executors Administrators and Assigns or some of them for the Consideration hereafter mentioned shall and will forthwith take down the now Dwelling-house of the said J. F. situate c. and in the room thereof shall make erect build and set up one new Tenement or Dwelling-house to be 40 Foot wide and 50 Foot long together with a Cellar of the same length and breadth and shall also make four Rooms on each Floor and shall find and provide at his own proper costs and charges all and all manner of Tyles Bricks Laths Nails Lead Iron Sand and Lime and all other Materials whatsoever which shall be fit and necessary to be used in or about the said Building and shall carry away all Rubbish whatsoever which shall arise by reason of the said Building and shall and will in all things well and workman-like frame erect set up and finish the said Building at or before the 10th day of March next ensuing the date hereof In Consideration of which said Building so to be done and finished in manner and form aforesaid the said J. F. for himself his Executors and Administrators doth covenant and grant to and with the said R. C. his Executors Administrators and Assigns by these presents in manner and form following That is to say That the said J. F. his Executors Administrators and Assigns or some of them shall and will well and truly pay or cause to be paid unto the said R. C. his Executors Administrators or Assigns the sum of 250 l. of lawful Mony of England at three several payments in manner and form following That is to say Fifty pounds thereof in hand at and before the ensealing and delivery hereof the receipt whereof the said R. C. doth hereby acknowledge and thereof doth acquit and discharge the said J. F. his Executors Administrators and Assigns by these presents One hundred pounds more when the Roof of the said Bulding is framed and tiled and One hundred pounds more residue in full payment of the said sum of Two hundred and fifty pounds when the whole Building is fully compleated and finished In witness c. Articles between a Merchant and his Apprentice's Father c. Articles c. between J.F. and R.C. and D. C. viz. WHereas the said J. F. the day of the date hereof in consideration of the Affection which he the said J. F. beareth to the said R. C. is contented and agreed to take the said R. C. to be his Servant in merchandizing Affairs and accordingly to employ him therein as well in parts beyond the Seas as in England where the said J. F. shall or may hereafter or now hath Trading and Dealings for the space of seven years to commence from the day of the date of these presents And hereupon the said D. C. Father to the said R. C. doth covenant and grant for himself his Executors Administrators and Assigns to and with the said J. F. his Executors Administrators and Assigns That he the said R. C. his Son shall during the said Term if he so long live well diligently and faithfully to the utmost of his power and skill serve him the said J. F. in his Trade of Merchandizing and other his Affairs in such place and places as he the said J. F. shall think fit and appoint And that he the said R. C. at all times hereafter during the said Term shall receive and take into his charge and custody all such Goods and Merchandizes whatsoever as by or for the use or account of the said J. F. shall be consigned or sent to him the said R. C. and also sell utter and dispose of the same Goods or Merchandizes to the best profit he can for the said J. F. his Executors Administrators or Assigns and shall also at all times during the said Term follow and perform the advice directions and orders of him the said J. F. which shall by Letters or otherwise be sent given or made known to him the said R. C. about or concerning the Factory or Merchandizing aforesaid and also that he the said R. C. shall at the charges of the said J. F. his c. provide and keep in due order Books of account concerning his said Employment as aforesaid according to the custom of Merchants in such cases and shall deal justly truly and faithfully to and with the said J. F. his c. in all and every his Accounts Reckonings Bargains and Dealings relating to and concerning his said Employment and shall constantly once in six Months during the Term aforesaid transmit and send unto the said J. F. his c. true Accounts of all the Businesses and Dealings of the said R. C. in the premisses and shall also send Letters of Advice to the said J. F. his c. as often as conveniently he can of such Matters and Occurrences wherewith it shall be proper and expedient that the said J. F. his c. be acquainted And shall also return and come into England and bring all his Books of Accounts with him whenever he shall be required so to do by the said J. F. his c. And that the said R. C. shall from time to time upon reasonable Request made shew forth all his Books of Accounts concerning all his dealings as aforesaid and make and give unto the said J. F. his c. a just true and perfect Account in Writing of for and concerning all and every such Goods Wares Mony Debts and Merchandizes whatsoever as well of the said J.F. for his own proper use as joyntly with any other which shall hereafter come to the hands charge or factory of him the
Life Then the said J. P. and W. T. their Executors or Administrators shall and will within three Months next after such the death of the said M.B. at the place aforesaid well and truly pay or cause to be paid unto the said C. B his Executors or Administrators the said 1000 l. together with so much Mony as shall or may be grown due for the Interest or Forbearance of the said 1000 l. after the rate by Law allowed from such of the said four Feasts aforesaid as shall happen next before the death of the said M. B. until such payment of the said 1000 l. And the said J. P. and W. T. do joyntly and severally for them and either of themselves their and either of their Heirs Executors and Administrators covenant and grant to and with the said M. B. her Executors and Administrators by these presents That they the said J. P. and W. T. their Executors or Administrators yearly and every year during the Life of the said M. B. or until the Sealing and Executing such conveyance and Assurance as aforesaid shall and will at the Place aforesaid well and truly pay or cause to be paid unto the said M. B. or her Assigns 40 l. of lawful Mony of England at the four Feasts aforesaid by equal portions the first payment to begin and be made at the Feast of the Birth of our Lord next coming Provided always That if the said J. P. and W. T. their Executors or Administrators the said C. B. his Executors or Administrators and the said M. B. having Notice by the space of three months before do or shall at any time during the Life of the said M. B. at the place aforesaid pay or cause to be paid unto the said C.B. his Executors or Administrators and the said M.B. the said Sum of 1000 l. by such part shares and proportions as they shall by Writing under their Hands and Seals direct and appoint with so much of the said yearly Sums of twenty pounds and Forty pounds as shall be then respectively unpaid unto the said C. B. and M. B. ratably and proportionably for the time the same shall be arrear That then and from thenceforth and at all times after this present Indenture and all and every Covenant Clause and Article therein contained shall cease and become void Any thing herein contained to the contrary notwithstanding In witness c. Covenants about assigning a Stock in the East-India Company THis Indenture c. made between A. B. of the one part and C. D. of the other part Witnesseth That in consideration of three Guinea's to the said A. B. by the said C. D. in hand paid at and before the sealing and delivery hereof the Receipt whereof the said A. B. doth hereby acknowledge The said A. B. doth hereby covenant promise and agree to and with the said C. D. his Executors Administrators and Assigns That if the said C. D. his Executors Administrators or Assigns shall transfer or cause to be transferred One hundred pounds Credit of the General Joint-Stock of the Governour and Company of the Merchants of London Trading to the East-Indies to the said A. B. his Executors Administrators or Assigns at any time on or before the 19th day of September now next following And thereof shall give Notice or Warning in Writing at the now Dwelling-house of the said A.B. situate in Cheapside London three days at the least before such Transfer of the said One hundred pounds Credit That then the said A. B. his Executors Administrators or Assigns shall and will accept the said One hundred pounds Credit and also shall and will well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns for the same at the time of such Transferring thereof as aforesaid the full Sum of Seventy five pounds of lawful mony of England together with all such Sum and Sums of mony as shall after the date hereof and before such Transfer become due or payable into the said Joint Stock on account of the said One hundred pounds Credit by virtue of any Order of a General Court or Court of Committee that shall hereafter be made Then and in such case all Dividends and Profits that shall after the date hereof and before such Transfer be Voted Ordered made arise or happen on or in respect of the said One hundred pounds Credit shall be and remain to the said A. B. his Executors Administrators and Assigns and be deducted out of the said Seventy five pounds so as aforesaid to be paid to the said C. D. his Executors Administrators or Assigns But if the said C. D. his Executors Administrators or Assigns shall not Transfer or cause to be Transferred unto the said A. B. his Executors Administrators or Assigns the said One hundred pounds Credit as aforesaid within the time aforesaid then this Indenture to be void and of none effect and the said three Guinea's to remain to the said A. B. his Executors and Administrators for ever In witness c. Such Necessary Articles of Agreement between four Joint-Executors as ought to be made between them for the better Execution of the Will Articles of Agreement quadripartite indented had made concluded and agreed upon c. between W. C. of c. of the first part A. C. of c. of the second part W. L. of c. of the third part and T.D. of c. of the fourth part as followeth WHereas R. P. late of W. in the County of S. Yeoman the 20th day of May last past before the date of these Presents made his last Will and Testament in writting and thereby did make and appoint the said W.C. A. G. W. L and T. D. Executors of his last Will and shortly after the making thereof died as by the said Will may appear Now for the better Execution of the said Will it is covenanted and agreed between the said Executors in manner and form following that is to say First the said W. C. doth for himself his Heirs Executors and Administrators covenant promise grant and agree to and with the said A. C. W. L. and T. D. their Executors and Administrators by these presents that the said W. C. shall not nor will not acquit release or discharge any Debt Duty or sum of mony due unto the said R. P. in his Life time nor any Debt Duty or Sum of Mony due unto the said W. C. A. C. W. L. and T. D. by reason or means of the Execution of the last Will and Testament of the said R. P. nor acquit release discharge discontinue or otherwise adnul any Suit Action Cause Plaint or other Legal Proceeding to be by them brought prosecuted or commenced for any matter cause or thing whatsoever touching the execution of the last Will and Testament of the said R. P. without the special license and consent of the said A. C. W. L. and T. D. the survivors and survivor of them therein or thereto
first had and obtained And also that he the said W. C. his Executors and Administrators shall and will from time to time and at all times hereafter at and upon every reasonable request of the said A. C. W. L. and T. D. and the survivors and survivor of them give and deliver upon unto them and the survivors and survivor of them a true exact and just particular of all and singular sum and sums of Mony as well such as have been received as such as have been disbursed by the said W. C. in about or concerning the execution of the last Will and Testament of the said R. P. and shall and will acquit and discharge the said A. C. W. L. and T. D. their Executors and Administrators of and from all sum and sums of Mony received or to be received by the said W. C. in and about the execution of the last Will and Testament of the said R. P. of from and against all and every person and persons to whom such sum and sums of Mony doth shall or may of right belong and appertain and such sum and sums of Mony so by him received or to be received shall and will pay dispose and imploy as by the said last Will and Testament of the said R. P. is directed limited and appointed And also that he the said W. C. his Executors and Administrators shall and will from time to time and at all times hereafter sustain bear pay and discharge the fourth part or one part in four parts to be divided of all costs charges and expences which they the said W. C. A. C. W. L. and T. D. and the survivors and survivor of them shall any way sustain bear pay or be put unto by prosecuting or defending of any suit in Law or Equity or otherwise by occasion means or reason of the execution of the last will and Testament of the said R. P. without fraud or guile And also that he the said W. C. shall and will assist and concur with the said A. C. W. L. and T. D. the survivors and survivor of them in and about the payment of the Debts of the said Testator R. P. and of the Legacies given and disposed by the said R. P. in his said last Will and in the selling and disposing of the Lands Tenements and Hereditaments of the said R. P. by the said Will of the said R. P. appointed to be sold and in all other things tending to the due Execution of the said last Will and Testament of the said R. P. without fraud or guile And the said A. C. doth Covenant c. mutatis mutandis and so of the rest In witness whereof to one part of these present Articles to be remaining with the said W. C. the said A. C. W. L. and T. D. have set their Hands and Seals and to another part c. Covenants between a Mortgagee and a Purchaser of the Redemption That the Mortgagee shall assign upon payment of the Mortgage Mony THis Indenture made c. Between R. S. of c. of the one part and W. B. of c. Merchant of the other part Whereas T. F. of L. Jeweller and S. his Wife late called S.C. by their Indenture of Release bearing date c. for and in Consideration of 100 l. to them in hand paid did grant release and confirm unto the said R. S. and W. S. of c. aforesaid Victualler their Heirs and Assigns for ever All that Massuage or Tenement with the appurtenances late in the occupation of G. S. Doctor in Divinity situate lying and being on c. aforesaid between a Messuage or Tenement in the occupation of R. T. Gent. on the North and a Messuage called W. in the occupation of T. P. on the South and upon a certain Proviso or Condition in the same Indenture contained for making void thereof If the said T. F. should Pay unto the said R. S. 106 l. at several days then to come and yet not past And whereas the said W. B. hath contracted and agreed with the said T. F. to purchase of and from the said T. F. the redemption and benefit of redemption of the premisses Now this Indenture witnesseth That it is covenanced and agreed between the said parties to this Indenture and the said R. S. doth for himself his Heirs Executors and Administrators covenant and grant to and with the said W. B. his Heirs and Assigns by these presents That if the said W. B. or his Heirs do or shall before the c. next coming purchase of and from the said T. F. the Redemption of the premisses And also If the said W. B. his Heirs or Assigns do or shall upon the said c. next coming well and truly pay or cause to be paid unto the said R. S. c. of lawful Mony of England being the Principal Mony lent upon Security of the premisses and the Interest which will then be due for the forbearance thereof Then they the said R. S. and W. S. or their Heirs shall and will by good and sufficient conveyance and assurance in the Law well and sufficiently to be executed at the request and at the costs and charges of the said W. B. his Heirs or Assigns well and sufficiently convey and assure unto the said W. B. his Heirs and Assigns or to such person or persons as he or they shall direct or appoint all the said Messuage or Tenement with the appurtenances before herein mentioned with Covenants in such Conveyance to be comprized for their enjoying all the said Messuage or Tenement with the appurtenances without any let or interruption of or by the said R. S. and W. S. or either of them their or either of their Heirs or Assigns or any other person or persons whatsoever claiming or which shall claim by from or under them or any of them free clear and discharged from all Incumbrances by them or any of them done or to be done or suffered And the said W. B. doth for himself his Heirs Executors and Administrators covenant and grant to and with the said R. S. his Executors and Administrators by these presents That he the said W. B. his Heirs or Assigns shall and will well and truly pay or cause to be paid unto the said R. S. his Executors or Administrators the c. upon the said c. next coming without fraud or delay In witness c. Note On all Purchases where there is a present Mortgage not presently taken in it is best to have such Covenants for avoiding Suits in Chancery about the Redemption and other Inconveniences A Declaration of a Trust upon admitting two Lives into a Copyhold with necessary Covenants THis Indenture Tripartite made c. Between H. E. of c. of the first part T. B. of c. of the second part and G. S. of c. of the third part Whereas the said G. S. c. hath this present day granted unto the said H. E. and T. B.
one Messuage and 16 Acres of Land with the appurtenances in the Parish of B. within the Mannor aforesaid To have and to hold unto the said H. E. and his Assigns for term of his Life immediately after the death or other forfeiture of the Estate of J. P who holdeth the premisses for the term of his Life and after the death of them the said J. P. and H.E. To have and to hold the premisses aforesaid with the appurtenances unto the said T. and his Assigns for and during the term of his Natural Life by Copy of Court-Roll at the Will of the Lord according to the Custom of the Mannor aforesaid in Trust to surrender the same Premisses at the request of the said G. S. and to such uses as he shall direct Now this Indenture witnesseth that the said H. E. doth for himself his Executors and Administrators covenant and grant to and with the said G. S. his Executors and Administrators by these presents That he the said H. E. shall and will upon the request and at the cost and charges of the said G. S. his Executors or Administrators surrender into the hands of the Lord of the Mannor aforesaid the said Messuage and Premisses with the appurtenances and all his Estate and Interest therein in such manner and to such use and uses as the said G. S. his Executors or Administrators shall direct or appoint And in the mean time until such Surrender as aforesaid shall and will permit and suffer the said G. S. his Executors and Administrators peaceably and quietly to have hold and enjoy the said Messuage and Premisses with the appurtenances and the Rents Issues and Profits thereof to receive and take up to and for his and their own use without any let or interruption of or by the said H. E. his Executors Admistrators or Assigns And the said T. B. doth for himself his Executors and Administrators covenant and grant to and with the said G. S. his Executors and Administrators by these presents That he the said T. B. shall and will upon the request and at the costs and charges of the said G. S his Executors or Administrators surrender into the hands of the Lord of the Mannor aforesaid the said Messuage and Premisses with the appurtenances and all his Estate and Interest therein in such manner and to such use and uses as the said G. S. his Executors or Administrators shall direct or appoint And in the mean time until such Surrender as aforesaid shall and will permit and suffer the said G. S. his Executors and Administrators peaceably and quietly to have hold and enjoy the said Messuage and Premisses with the appurtenances and the Rents Issues and Profits thereof to receive and take up to and for his and their own use without any let or interruption of or by the said T. B. his Executors Administrators or Assigns And because it is uncertain whether the said Premisses be Heriotable or not The said G. S. doth for himself his Executors and Administrators covenant and grant to and with the said H. E. his Executors and Administrators by these presents That he the said G. S. his Executors or Administrators shall and will upon the request of the Executors or Administrators of the said H. E. well and truly pay or cause to be paid unto the said Executors or Administrators of the said H. so much mony as any Beast which shall be taken or seized for or in the Name of a Heriot for the said Premisses upon the death of the said H. E shall be worth at the time of such taking And the said G. S. doth for himself his Executors and Administrators covenant and grant to and with the said T. B. his Executors and Administrators by these presents That he the said G. S. his Executors or Administrators shall and will upon the request of the Executors or Administrators of the said T. B. well and truly pay or cause to be paid unto the said Executors or Administrators of the said T. so much Mony as any Beast which shall be taken or seized for or in the Name of a Heriot for the said Premisses upon the death of the said T. B. shall be worth at the time of such taking In witness c. Articles for purchasing of a Messuage with a Covenant That the Grantor shall pay the Charge which the Grantee shall expend in ejecting the Tenant in possession Articles of Agreement Indented had made concluded and agreed upon c. Between A. P. of c. in the County of S. Widow of the one part and T. A. of c. Gent. of the other part viz. FIrst The said A. P. for and in consideration of 5 s. of lawful Mony of England to her in hand paid by the said T. A. and of 270 l. and 15 s. of like lawful Mony to be paid in such manner as is after herein mentioned doth covenant promise grant and agree for her self her Heirs Executors and Administrators to and with the said T. A. his Heirs and Assigns by these presents That she the said A. P. or her Heirs shall and will before the 25th day of December next ensuing the date hereof at the costs and charges in the Law of the said T. A. his Heirs or Assigns by good and sufficient conveyance and assurance in the Law well and sufficiently executed convey and assure or cause to be conveyed and assured unto the said T. A. and his Heirs aforesaid all that Messuage or Tenement c. with their appurtenances situate lying and being in c. now in the occupation of R. P Gent. with Covenants and Warranty in such conveyance and assurance to be comprized That the said T. A. his Heirs and Assigns shall hold and enjoy for ever the said Messuage or Tenement and Premisses with the appurtenances against the said A.P. and her Heirs and without any let trouble interruption or contradiction of or by the said A. P. or T. G. or G. G. Son of J. G. Father of the said A. P their Heirs or Assigns or any of them or any other person or persons claiming in by from or under her them or any of them And for being discharged or saved harmless of and from all Jointures Dowers and Titles of Dower Charges Titles Troubles Burthens and Incumbrances whatsoever had commited done or suffered or to be had committed or done by the said A.P. T.G. J.G. G.G. or either of them their or either of their Heirs or Assigns And for making any further lawful and reasonable assurance in the Law at the costs and charges of the said T. A. as shall be reasonably advised or devised by the said T. A. his Heirs or Assigns or by his or their Council learned in the Laws during the space of c. next ensuing the date of such Conveyance so to be made with all other fit and reasonable Covenants to be comprised in such Conveyance and Assurance Item The said A. P. doth further Covenant c. That
she the said A. P. her Heirs Executors or Administrators shall and will within 40 days next after Notice and Request made well and truly pay or cause to be paid unto the said T. A. his Heirs or Assigns all such Sum and Sums of Mony as he or they shall at any time hereafter necessarily expend lay out or disburse in ejecting or putting out the said R. P. out of the possession of the said Messuage or Tenement and premisses with the appurtenances and recovering the possession thereof unto the said T. A. his Heirs and Assigns by due course of Law Item The said T. A. doth covenant c. That he the said T. A. his Heirs Executors or Administrators shall and will well and truly pay or cause to be paid unto the said A. P. her Executors Admistrators or Assigns the said Sum of 270 l. and 15 s. on c. next ensuing the date hereof at or in the now dwelling House of c. without fraud or delay c. In witness c. Agreement of the Tenants of a Mannor about ploughing a Common Field KNow all men by these presents That a parcel of Pasture Ground called c. doth belong to several Lands and Tenements in c. aforesaid and in the several possessions of us whose Names are hereunder written by such portions and alloments thereof as were enjoyed and occupied with our said several Lands and Tenements by the respective Owners thereof about 30 years ago when the said Down was ploughed and sown with Corn and Grain and since that time the said Down hath been used by us in Common for feeding Sheep by every of us after the rate of 50 Sheep for every Yard-Land in c. aforesaid and proportionably for a greater or less quantity And it is agreed between us that from henceforth yearly so long as the major part of us shall think fit the said Down shall be ploughed and sown with Corn and Grain and used and enjoyed for that purpose separately by us according to the said former portions and allotments to our said respective Lands and Tenements and every of us shall in the last year of Sowing the said Down sow on his several allotment so much Trefoil-Seed as the major part of us shall think fit And it is further agreed between us That none of us shall permit or suffer any Cattle to depasture or be kept upon the said Down at any time in any year after some Corn shall be sown in the said Down until all the Corn and Grain there growing shall be cut and mowed and carried away And at such times in the year when the said Down shall be convenient for pasturing Then none of us shall depasture or keep there more or other Cattle than according to the proportion of 35 Sheep for every Yard-Land And it is further agreed That every of us according to the proportion of his allotment aforesaid shall bear and pay the charge of making and maintaining of such Hedges as the major part of us shall think necessary to be made upon the said Down and shall bear such proportionable part of all charges which the major part of us shall think fit to expend about the enforcing the due performance of the mutual Agreements herein contained and securing the enjoyment of the aforesaid portions and allotments of the said Down And every one of us by himself doth promise unto every other of us to perform the Agreement aforesaid on his part to be performed In witness c. Note Such Agreement of numerous Parties seems best to be made by Writing unsealed and may be attested thus Signed and agreed by A. B. c. and so of the rest as they severally sign Indenture of Covenants upon a Contract for Purchase of a Copyhold where part of the Purchase mony is paid and the Purchaser is to be at liberty to proceed in the Purchase or not THis Indenture made c. between J. S. of c. of the one part and W.R. of c. of the other part whereas the said J. S. in consideration of 75. l. of lawful Mony of England to him by the said W. R. in hand paid 60 l. more to be paid in such manner and as is herein after mentioned hath this present day bargained and sold or agreed to bargain and sell unto the said W. R. all that Messuage and Yard-land called c. which the said J. S. now holdeth to him and his Heirs by Copy of Court Roll of the Mannor of c. Now this Indenture witnesseth That the said J. S. doth for himself his Heirs Executors and Administrators covenant and grant to and with the said W.R. is Executors and Administrators by these presents that the said J. S. upon request to him made shall and will at the costs and charges of the said W. R. well and truly and according to the custom of the Mannor aforesaid surrender into the hands of the Lord of the said Mannor the said Messuage Lands and Premisses with the appurtenances to the use and behoof of the said W. R. and his Heirs for ever And also that he the said W. R. and his Heirs shall or lawfully may from time to time and at all times from henceforth during the life of the said J. S. peaceably and quietly have hold and enjoy the said Messuage Lands and Premisses with the appurtenances and the rents and profits thereof receive have and take to his and their own use without any account thereof to be rendred and without any lett or interruption of or by the said J. S. Provided always and upon this condition nevertheless that if the said W. R. or his Heirs at the time of the request unto the said J. S. for making such surrender as aforesaid do not or shall not well and truly pay or cause to be paid unto the said J. S. the said 60 l. before mentioned and do not also in the mean time upon every request thereof to be made by the said J. S. pay unto him Interest for the forbearance of the said 60 l. after the rate of 5 l. per Cent. for a year that then and from thenceforth and at all times after all the agreements and covenants of the said J. S. before herein mentioned shall cease and be utterly void and of none effect And the said J. S. doth further for himself his Heirs Executors and Administrators covenant and grant to and with the said W. R. his Executors and Administrators by these presents that if the said J. S. do not in his life make such surrender as aforesaid then the Heirs Executors or Administrators of the said J. S. shall and will within 20 day after his decease repay unto the said W. R. the said 75 l. by him paid to the said J. S. as aforesaid In witness c. interchangeably set their Hands and Seals the day and year first above written Covenants upon purchasing the equity of Redemption of Copyhold-lands Mortgaged THis Indenture made
Judgment which the said two Arbitrators shall make and give in Writing under their Hands and Seals unto the parties by these presents submitting thereunto upon and touching the said differences and matters in difference so that the said Award be made and given as aforesaid in Writing within fourteen days next after the choise and nomination of the said Arbitrators in that behalf And in case the said Arbitrators shall not make and give forth their award as aforesaid within the time before limited for the doing thereof then each of the said parties his Executors and Administrators shall and will stand to abide perform and keep such award order and umpirage as such one person umpire to be elected and chosen by the said Arbitrators shall make and give forth in writing as aforesaid under his Hand and Seal upon and touching the sad differences and matters in difference within ten days next after the end of the said fourteen days And in case the said Umpire shall not make and give forth as aforesaid his said award and umpirage within the time above limited for the doing thereof That then each and every of them the said parties his Executors and Administrators shall and will for his and their parts