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A86255 The modern assurancer, or The clarks directory. Containing the practick part of the law, in the exact formes and draughts of all manner of presidents for bargaines, and sales, grants, feossments, bonds, bills, conditions, covenants, joyntures, indentures; to lead the uses of fines and recoveries, with good provisoes, covenants to stand seised, charter-parties for ships, leases, releases, surrenders, &c. And all other instruments and assurances now in use: intended for all young studients and practizers of the lavv. / By J.H. With an exact table wherein may be found the principall matters therein contained. Herne, John, fl. 1660. 1658 (1658) Wing H1573; Thomason E1825_1; ESTC R209811 252,283 306

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and purposes any thing in the said Indenture contained to the contrary in any wise notwithstanding as by the same Indenture appeareth And where W. W. of N. in the County of W. Gent. hath bargained compounded and agreed with the said G. and T. for the Premisses to be assured to the said W W. his heires and assignes in Fee-simple absolutely And where also the said T. E. being minded that the said Deed indented and every thing therein contained for and touching the said Gift and Grant shall cease determine and be clearly void to all intents and purposes and according to the true meaning of the said Condition and Proviso contained in the said Deed indented Hath by his Letter of attorney dated c. made and constituted F. B. Gent. his lawfull attorney to deliver or cause to be delivered unto the said A. F. his executors or assignes one Silver Ring of the value of five shillings in the performance and fulfilling of the said Proviso and Condition as by the said Letter of attorney more plainly may appeare If the said T. E. doe from time to time and at all times hereafter without fraud guile let or interruption suffer the said Letter of attorney and the authority thereby given and limited to stand and continue in full strength force and effect without any revocation or disannulling thereof directly or indirectly and further if the said T. his heires executors or administrators do from time to time and at all times discharge exonerate and acquit or otherwise upon reasonable request sufficiently save harmlesse aswell the said W.W. his heires and assignes as also the said Mannor and all and every part thereof of and from all and singular former Gifts Grants c. had made or done by the said T. E. or any other person or persons by his assent consent meanes or procurement And if also the said T. E do make further assurance c. That then c. A Condition for Childrens portions in the Chamber of London THe Condition c. That if the within bound E. B. do before the Feast of All-Saints now next insuing bring into the Court to be holden before the Mayor and Aldermen of the City of L. which for the time shall be good and sufficient sureties to be bound for the true and sure payment of seven hundred ninety two pounds one shilling nine pence of c. to and for the use and behoof of the children and orphans of the within named C. B. deceased for their severall parts and portions of the orphanage and legacy of their said Fathers goods Or else do within the time aforesaid pay to the Chamberlain of the City of L. which for the time shall be to the use of the said orphans the said summe of c. That then c. A Letter of Attorney upon an Obligation not forfeited BE it c. I. W. de la B. Merchant stranger resident at London have made ordained constituted and put in my place and by these presents c. R. M. c. his executors and assignes and every of them my true lawfull and irrevocable attorny and attornyes for me and in my name and in the name or names of mine executors and administrators or any of them to demand or receive of J. M. the younger Goldsmith and W. N. Grocer Citizen c. and either of them their or either of their Heires Executors Administrators and Assignes or of any of them on the sixteenth day of October now next coming at or within the now or late dwelling house of A. P. scituate c. the summe of three hundred pounds of c. specified or mentioned in the Condition of an Obligation of foure hundred pounds bearing date c. now last past wherein the said I. M. and W. N. do stand bound to me the said V. giving and by these presents granting for me mine Executors and Administrators unto the said R. M. his Executors and Assignes and eve-very of them full power and authority for and in the name and names of me the said V. mine Executors and Administrators and every or any of us for and in default of payment of the said sum of three hundred pounds or any parcell thereof being left unpaid at the said day and place expressed in the said Condition of the said Obligation to sue and implead and cause c. the said I. and W. and either of them their and either of their Heires Executors Administrators and Assignes and every or any of them for the said summe of foure hundred pounds expressed in the said Obligation and to recover in the same Suit and to sue execution upon the same Recovery according to the Lawes of this Realme and also to acquit compound for and discharge the said Obligation and the said summes of money and either of them and every parcell of either of the same One Attorney or more under him or them to substitute and at his and their pleasure to revoke And all and every other act and acts thing and things whatsoever to doe and cause to be done for the recovery obtaining getting and discharging of the said summes of money and either of them and every part and parcell of either of the same in as ample manner and forme as I the said V. mine Executors or administrators might or could doe in proper person Ratifying establishing and confirming for me mine executors and administrators all that and whatsoever my said attorny or attornies or any of them for me or in my name or in the name of mine executors or administrators shall do or cause to be done in or about the Premisses or any of them by these presents In witnesse c. dated c. A Condition upon the same Letter of Attorney THe Condition c That where the within bound V. de la B. by his writing or Letter of attorney of the date within written hath made and ordained the within named R. M. his executors and administrators his attorney and attorneys for him and in his name and in the name of his executors c. aswell to demand and receive of I. M. c. on the c. next coming at c. the summe of three hundred pounds of c. specified or mentioned in the Condition of an Obligation of foure hundred pounds bearing date c. wherein c. as also for non-payment of the said summe of three hundred pounds or any part thereof at the day and place expressed in the said Condition of the said Obligation to sue for and recover the said summe of foure hundred pounds specified in the said Obligation in manner and forme as by the said writing and Letter of Attorney more at large appeareth If the said V. his executors and administrators and every of them doe from time to time and at all times hereafter aswell suffer the said Letter of Attorney and the power and authority thereby given or limited to stand and continue in full strength force and effect
late Father of the said I. and now not contained in the inventory made of his goods and debts and which his Executors shall hereafter be lawfully compellable to pay That then the same W. and his Executors shall contribute portion and portion like as equity conscience and reason will or shall require for and towards the payment of the same In witnesse whereof the said parties to these present Articles indented of Agreement enterchangeably have set their Seales c. An Indenture of Covenants where two young men having taken their Masters Shop after his decease they are bound to the Administrators to gather in his debt c. THis Indenture c. Between A. G. and W. D. Citizen and Aldermen of L. Administrators of the goods and chattells which late were of R. C. late Citizen and Salter of L. on the one part And R. A. and R. H. Citizens c. on the other part witnesseth That the said A. G. in part of the performance of the Testament of the said R. C. and for divers other good considerations c. Hath demised c. to the said R A. and R H. all that the Shop of the late dwelling house of the said R. C. in the Parish c. To have and to hold the said Shop c. from c. for five years c. yeilding c. forty pounds c. at the Feasts c. And the said R. A. and R. H. for themselves and either of them their Executors and Administrators do covenant and grant to and with the said A. and W. and to and with either of them their Executors Administrators and Assignes and every of them by these presents in forme c. That they the said R. and R. and either of them by all earnest waies and meanes without suit in Law to the best that in them shall lye shall endeavor themselves to obtain get in and come by all such debt and debts as any Debtor or Debtors did owe unto the said R. C. at the time of his decease and yet remaine unpaid for any Wares Merchandizes or other things whatsoever which did belong to the said R. C. And that once every week or otherwise at any time and from time to time at all times upon any reasonable demand or request to be made by the said A. and W their Heires Executors Administrators or Assignes they the said R. and R. and either of them their Executors and Administrators shall make true account to the said A. and W. their Executors Administrators and Assignes for so much of the said debts and every part thereof as the said R and R. and either of them or any for them or either of them in the meane time shall have receive or take satisfaction for by any meanes And then shall make speedy and ready payment to the said A. and W. or to one of them their Executors Administrators and Assignes of and for so much of the said debts as the said R. and R. or either of them or any other for them or either of them shall have received or taken satisfaction of as aforesaid without any manner of fraud or covin And also that they the said R. and R. or either of them their Executors or Administrators during the said term of five years shall not by any meanes directly or indirectly by themselves or any of them or by any other for them or any of them take or receive payment or satisfaction for any Goods or Wares which they or any of them shall sell to any the late Chapmen or Customers which were of the said R. C. and yet have not paid all the debt which they did owe to the said R. C. before such time as such Chapman and Customer of whom the said R. and R. or either of them their Executors or Administrators or any of them shall receive payment or satisfaction for any of their own goods or wares shall first have truly paid all the whole debt which such Chapman or Customer did owe to the said R. at the time of his decease All such Chapmen or Customers which were of the said R. C. at the time of his decease as are dwelling within the City of L. or the Suburbs thereof onely except A rentry for non-payment of the Rent c. In witnesse c. A Bill of Credit THis present writing witnesseth That I R. M. of London Alderman do undertake to and with H. E. of the City of E. Merchant his Executors and Administrators That if he deliver unto Sir F. D. Knight of any of his Assignes to his use any summe or summes of money amounting to the summe of five hundred pounds of c. or under And shall take a Bill under the hand and seale of the said S F. confessing and shewing the certainty thereof That then I my Executor or Administrator having the same Bill delivered to me or them shall immediatly upon the receipt of the same Bill pay or cause to be paid to the said H. E. his Executors or Assignes all such summes of money as shall be contained in the said bill To the which payment well and truly to be made I bind me c. In witnesse c. A Bill into the Chancery to have Witnesses examined in perpetuam Rei memoriam IN most humble wise sheweth unto your Lordships your Orator I. S. Citizen and Grocer of L. that whereas one I. C. deceased was lawfully seised in his demesne as of fee of and in three Messuages with the appurtenances in H. B. and A. in the County of H. and of and in twenty acres c. and the said I. C. so being seised of the said Messuages Lands Tenements and other the Premisses with their appurtenances did about the twelfth day of June in the second and third years of the reigns of our late sovereign Lord c. by his Deed of Feoffment for and in consideration of divers great summes of money to him by your Orator paid thereof enfeoff your said Orator to have and to hold to your said Orator his Heires and assignes for ever to the onely use of c. By force whereof your said Orator entred into the laid Messuages Lands Tenements and other the Premisses and was thereof lawfully seised in his demesne as of fee and the profits thereof coming hath ever since taken and received as was lawfull for him to doe But so it is and it may please your Lordships that by reason your Orator hath his estate in and to the Premisses to him conveyed by force of the same Feoffment and that the perfecting of your Orators Estate by the same Feoffment by order of Law there is required execution thereof by livery of seisin which being matter in Deed is to be proved by Witnesses Certaine troublesome and ill disposed persons by the procurement of J. C. the younger to the end to discredit your Orators title in and to the Premisses have of late notoriously and publikely in divers places within the said County
his executors administrators and assignes at all times upon lawfull request untill the end of the said term of fifty years clearly discharged acquitted or saved harmlesse of and from all and singular former bargains c. before that time had made or done by the said G. C. or by any other person or persons by his meanes commandment or procurement the Rents and Covenants reserved in the said Indenture of Lease onely excepted Or else if it shall fortune the said G. C. to decease and depart out of this present life before the said last of October next c. and the said writing of Assignment to be made by the said G. as is abovesaid then being not before made and delivered to the said I. L. his executors administrators or assignes as is aforesaid Then if the said P. P. his Executors c. do well and truly pay or cause c. to the said I. L. c. at c. the summe of eighty foure pounds of c. which the said W. C. oweth to the said I. on the sixth of November then next c. at one entire payment That then c. A Condition to make Grant of an Annuity for two lives by a day THe Condition c. That if E. G. of D. in the County of N. E. Esquire at or on this side the last of June next c. by writing Indented under his hand and seale to be knowledged and enrolled in the high Court of Chancery give grant and confirme to the within named R. M. his executors administrators and assignes one annuity or yearly rent of twenty pounds of c. being yearly issuing and going out of the Mannors Lands Tenements and Hereditaments whereof the said E shall then be seised in Fee-simple to the clear yearly value of thirty pounds of c. and which shall be and remaine clear of all charges and encumbrances prejudiciall to the same yearly value the same annuity to be had levied taken paid and enjoyed to the same R. M. his executors administrators and assignes by and during all the term of the naturall lives of D. M. now wife of the said R. M. and of R. M. Goldsmith Son of the said R. M. Alderman and by and during all the term of the naturall life of the longest liver of them the said D and R. yearly in the Feast dayes of c. or on the twentieth day next ensuing every of the said Feast dayes by even portions at the Shop c. The first payment thereof to begin c. That then c. A Condition that if the Obligor sell his house then the Obligee to have the preferment thereof before another THe Condition c. That if the case the within bound T. G. his executors administrators or assignes or any of them shall at any time or times hereafter be minded or disposed to bargaine sell give grant alien demise let set or otherwise do or put away that Capitall Messuage c. and three Messuages c. in the occupation c. scituate c. or any of them or any part or parcell of them or of any of them or the interest or terme of yeares yet to come or any part thereof which the said T. G. hath or had should ought might or may have of in or to the said Messuages with the Appurtenances by vertue force or meanes of one Indenture of Lease dated c. made and granted by A. B. to C. D. for the term of c. beginning c. or by vertue of any other writings or conveyances whatsoever That then if the said I. H. his Executors or Administrators shall have the preferment of buying and first offer thereof and shall have the bargaine and sale of the same before any other person or persons so that the said I. H. his Executors Administrators or Assignes within twenty dayes next after offer thereof to him or them made will and do give and pay for the same as much ready money as any other person or persons without Fraud or Covin will give and pay for the same That then c. or else c. A Condition that where the Obliger hath taken up money by exchange at Antwerp for the Obligee to be returned by Re-change to London the Obligor is bound to pay it at re-change with the interest THe Condition c. That where the within named I. A. at the speciall request of the within bound I. L. hath appointed G. L. servant to the said I. A. now resident in Antwerp there to provide and take up as much Flemish money as shall satisfie eight hundred fifty eight pounds seventeen shillings six pence of lawfull money of England which the said I. L. hath taken up in the City of London by way of Exchange unto Antwerp aforesaid and from thence to be returned againe by re-change to be paid and clearly satisfied in the City of London aforesaid by the said I. L. his Executors or Administrators according to the order in such case used amongst Merchants If when the said G. L. or any whom he shall appoint shall fortune to returne the Bills of the said re-change upon the said I.L. his Executors or Administrators unto the City of London The said I. L. his Executors or Administrators do indelayedly accept the said Bills according to the effect thereof and the customes of Merchants without fraud covin or delay And doe well and truly make payment or other contentation and satisfaction of and for the said eight hundred fifty eight pounds seventeen shillings six pence of lawfull money of England so to be re-changed as aforesaid and of and for the exchange and re-change thereof and all charge arising of or about the same so and in such sort as no charge losse or hindrance thereby or thereof do come grow or happen to the said I. A. and G. L. or either of them or to the Executors or Administrators of either of them for or touching the Premisses in or by the default of the said I. L. his Executors or Administrators That then c. Or else c. A Condition upon a Letter of Attorney for receiving of sundry debts THe Condition c. That where the within bound E. L by his writing or Letter of Attorney bearing date c. hath authorized and made the within named I I. his lawfull Attorney irrevokeable to aske levy recover and receive for him and in his name of C. H. of c. And R. B. of W. c. and of Sir T. K. of O. in the County of K. Knight and of every of them and of the Heires Executors and Administrators of them and every of them all such debts dueties summe and summes of money and other things that they or any of them were indebted or did owe unto him the said E. or which they or any of them stood bound to pay unto him by Bond Bill Obligation Specialty Recognizance or otherwise as by the said writing or Letter of Attorney more plainly
repay and recompence to the said R. his executors and administrators all and every such summe and summes of money and other charges as he or they or any of them shall happen to disburse sustain or pay out by reason of any such information plaint suit action or otherwise by reason of any Statute or Act of Parliament as aforesaid That then c. A Condition to put in sureties to the Chamber for a sum already committed and now delivered by consent to another mans hand THe Condition c. That where the above bounden T. A. the day and year above written hath taken out of the hands and custody of the above named T. G. the summe of two hundred pounds of c. being the part and portion of P one of the children and orphans of the above named C. B. deceased afferring to the same P. for his part of all the goods and chattels which were of his said Father according to the custome of the city of L. and the said T. A. hath taken upon him to satisfie the Chamberlain of the said city with sureties for the payment thereof to the use of the said P. according to the custome of the said City in that behalfe used If therefore after request to be made to the said T. A. or the above named R. E. their executors or administrators or any of them by the said T. G. or the above named I. L. or R. M. or their assignes the same T. A. and R. E. their executors or administrators with such other good able sureties with them as by the said Chamberlain of the said City for the time being shall be allowed do within the space of _____ dayes next following such request made become bound to the same Chamberlain according to the usuall order and custome of the said City for the sure payment of the said c. to the use of the said P. O. That then c. A Condition to procure new sureties to be bound in the Chamber of London to the discharge of a surety bound already if he request it THe Conditon c. That whereas the above named E. A. together with T. S. and W. G and I. G. at the speciall instance and request of the said T. S. and W. G. and I. G. by Recognizance by them knowledged before the Lord Mayor and Court of Aldermen of the City of London in the inner Chamber of the Guild-hall of the same City on the three and twentieth of October now last past is holden and standeth bound to G. H. Chamberlaine of the said City and to his Successors in the sum of foure hundred pounds of c. for the payment of three hundred pounds of the parts and portions of W. M. I. and T. children and orphans of W. H. late Citizen and S. of London deceased And further as by the said Recognizance the condition thereof more at large it will appeare If the said E. A. his heires executors or administrators at any time hereafter do make request to the said T. S W. G. and I. G. their executors and administrators or to any one of them to procure that the said E. his Heires Executors and Administrators may be discharged and acquitted of and from the said Recognizance If the said T. W. and I. their Executors or Administrators for and to the discharging and acquitting of the said E. his Heires Executors and Administrators of and from the same Recognizance doe within two moneths next after such request made as aforesaid bring in to be bound a new by Recognizance to be taken and knowledged before the Lord Mayor and Aldermen of the said City of L. for the time being another good sufficient person in the stead place and liew of the said E. if also the said E. his heirs executors administrators every of them be in the mean and from time to time at all times hereafter saved harmlesse by the said c. their Executors and Administrators of and from all losses costs damages Judgements and Executions whatsoever to arise come or grow of or by means of the said former Recognizance in any wise That then c. A Condition for the assurance of a Parsonage to a Clerk presented against them that can claim former presentment by the saeme assurance THe Condition c. That where N. S. of S. in the County of M. Gent. at the request of the withinbound W. W. hath presented R. G Son to the within named T. G. as Clerk unto the Parsonage and Rectory of c. in the County of M. whereupon the said R. is inducted into the said Parsonage and Rectory by the consent of the right reverend Father E. Bishop of L. If the said R. G. shall or may by vertue of the said presentation and induction at all times hereafter during the naturall life of the same R. lawfully peaceably and quietly have keep possesse and enjoy the said Rectory and Parsonage with all the Appurtenances of the same and all profits commodities tithes pensions advantages casualties and emoluments whatsoever to the said Parsonage by any meanes due incident annexed or belonging with all and singular their Appurtenances whatsoever without lawfull let or interruption of the said N. S. his Heires Executors or Assignes or any of them or of any other person or persons whatsoever claiming or having or that shall c. any former presentation advowson or grant made by the said N. or by any other by his meanes consent or agreement That then c. A Condition for ones forth coming when he shall be called for THe Condition of this Obligation is such That if the within bound R.M. be alwaies forth-comming when he shall be called for and do also from time to time upon warning make his personall appearance at and in such place or places as shall be to him notified there to speak and answer for himselfe before such person or persons as shall be appointed to be auditors for and concerning such things as against the said R. M. shall be said spoken or alledged That then c. or else it to stand and remain in full strength and vertue A Condition where two are bound one to another not to do prejudice upon a Bond in both their names THe Condition c. That where I. F. Citizen and Draper of London standeth bound to the within named R. C. and W. W. in two hundred pounds of c. as by Recognizance or writing obligatory according to the forme of the Statute of late provided for the recovery of debts to them joyntly made by the said I. dated c. and knowledged and sealed before Sir R.C. Knight Lord cheif Iustice of England will appeare And whereas in truth the said R and W. are equally to take benefit of the said Statute and for that purpose the said Statute was made to them as is aforesaid If therefore he the said R. C. for his part heretofore hath not done or he his executors or assignes at any
Premisses any longer by the payment of the yearly rent reserved by the said Indentures And thereof shall give notice to the said B. his Heires or Assignes by the space of one whole yeare and above beforehand And then in the Feast of Saint Michael next to ensue from the first day of October next following the said notice so to be given shall and will surrender and yeild up to the said B. his Heires or Assignes at the Tenement aforesaid that part of the said Indenture sealed by the said B. and all the residue of the interest and terme of years by vertue thereof in the said Tenement and other the Premisses then to be to come without any fraud or covin If then the said B. his Heires or Assignes do in the Feast of Saint Michael at the said Tenement accept the said Surrender and doe also then and there well and truly re-pay or cause c. to the said W. N. his Executors or Assignes the residue of the said Fine of forty pounds first to be paid defalked and deducted from the same so much lawfull English money as shall amount to foure pounds a year for every years occupation that the said W. his Executors or Assignes shall before such Feast of Saint Michael aforesaid have holden or occupied the Premisses by vertue of the Indenture of Lease abovesaid That then c. A Condition to save harmlesse of a Recognizance entred into for childrens portions THe Condition c. That where the within named I. P. in his life time together with the within bounden W. H. and I. H. and one J. C. Fishmonger became bound joyntly and severally by one Recognizance Taken and knowledged in the inner Chamber of the Guild-hall of the City of L. before Sir A. B. Knight then Lord Mayor and the Aldermen of the same City the second day of October in the 〈◊〉 year c. to G. H. Chamberlaine of the City of L. in the summe of sixty pounds of lawfull c. with condition for the sure payment of forty eight pounds of like money to the use of A. B. and C. children and orphans of R. G. Grocer deceased and for performance of divers other clauses and articles mentioned and contained in the said Condition of the same Recognizance As by the same Recognizance and Condition thereof more plainly may appeare If the said I. and W. or either of them their or either of their Executors or Administrators or some one of them at all times hereafter and from time to time do discharge and acquit or otherwise sufficiently save and keep harmlesse the Heires Executors and Administrators of the said I. P. and every of their Goods Lands Tenements Hereditaments Possessions and things and every part and parcell thereof against the said G H. and his Successors Chamberlains of the same City and all and every other person and persons of and for the said Recognizance and every clause and article contained in the Condition of the same and of and from all Actions Suits Judgements Losses Extents and Executions touching or concerning the same other then onely such as the said H. P. his Executors or Administrators by their willfull meanes shall procure to be sued or brought against the same H. his Executors or Administrators That then c. A Condition to save Executors harmlesse of Legacies given to certain children by the Testator and which Legacies the Executors have delivered to the Obligors for the Childrens uses Also to re-pay the same Legacies or a rateable part thereof in case the Overplus of the Testators goods above his Legacies will not satisfie his debts THe Condition c. That whereas the within named W. K. and S. S. Executors of the last Will and Testament of Dame E. D. Widow deceased Have before the making of this present Obligation paid satisfied and delivered unto the within named T. C. for the use and behoof of E. C. R. C. and M. C. God-children of the said Lady D. and Children of the said T. C. and M. his wife the summe of ninty pounds which the said Lady D. in and by her last Will and Testament did give to the said E. C. R. C. and M. C. viz. to every of them thirty pounds a peece As by the said last Will and Testament of the said Lady D. bearing date c. remaining of Record in the prerogative Court of of Canterbury more plainly will appeare If the said T. C. and the within bound B. D. To pay the Legacies according to the Wil. their executors and administrators doe well and truly satisfie content and pay the said severall Legacies so as before given to the said E. R. and M. or to the Survivor of them and to every of them or to their Heirs or Assigns according to the true purport effect and meaning of the last Will and Testament of the said Lady D. before mentioned And also do at all times hereafter save and keep harmlesse the said W. and S. and either of them And save harmlesse the children and the Executors and Administrators of either of them against the said E. R. and M. children of the said T C. and M. his wife and against all other persons claiming c. of and for the said summe of ninety pounds and every part thereof claiming by the said E. R. and M. or any of them and of and from all Actions Suits Molestations Costs and Charges touching the same summe or any part thereof and further in case it doe fortune that any debts due by the said Lady D. or any other thing or things whatsoever wherewith the said Lady D. or her Executors or Assignes might or ought to be charged withall by Law shall be at any time hereafter lawfully demanded and recovered without any fraud or covin against the said Executors of the said Lady D. or either of them To re-pay a rateable part c. which debt or any other thing or things so recovered shall extend to a greater value or quantity then the overplus of the goods of the said Lady D. will extend to satisfie over and above the Legacies given in and by her said Testament and over and above such charges as the said Executors have been at laid out in and about the Funerals of the said Lady D and also over and above such costs and charges as the sayd Executors have sustained or shall hereafter sustaine in and about the probate of the Testament and last Will of the said Lady D If then the said T.C. and B.D. or either of them or the Heires Executors or Administrators of either of them within three monethes next after reasonable request to them or any of them to be made shall render repay and yeild back again to the sayd W R. or S S. or to the Survivor of them or to the Executors or Administrators of the same Survivor such a rateable part and portion of the said sum of ninety pounds as being equally rated to and with the other
custome of the said City of L. and that by reason of the having the portions aforesaid stand charged and chargable with the education and bringing up of the said Children at their proper costs and charges If the said T. S. W G. and I. S. their Executors Administrators or Assignes in consideration that the said A. being naturall Mother to the said Children hath taken upon her as most convenient it is their Education and bringing up do from henceforth content and pay or cause c. to the aid A. her Executors or Assignes in the daies of the Feasts of c. or within ten daies next ensuing either of the same Feasts yearely by even portions at the now Mansion house of the said A. scituate c. between the houres of one and five of the Clock in the afternoon of every of the same daies for and towards the finding and education of the said Orphans and of the Survivors of them yearely from yeare to yeare during their severall nonages rateably and according to the proportion of seven pounds for every hundred pounds of the said summe of seven hundred forty three pounds that now doth or at any time hereafter shall remaine or be in the hands or possession of the said T. W. and J. or any of them or of their or of any of their Executors or Administrators and so after the same rate for every part of the said summe of foure hundred seventy three pounds from time to time according to the quantity of all the time wherein the same summe c. or any part thereof shall fortune to be or remaine in the hand of the said T. W. and J or any of them or in the hands of their or any of their Executors Administrators or Assignes That then c. A Condition that where two have money out of the Chamber being Childrens Portions in equall part each is bound to repay a moyety and accomplish the Condition of the Recognizance to the Chamber pro part Sep. THe Condition c. That whereas the within named W. C. and I. H. together with the within bound I. A. and T. T. with others by way of Recognizance taken and knowledged before the Lord Mayor and Court of Aldermen in the inner Chamber of the Guildhall of the Gity of L. according to the Custome of the same City are and stand bound to G. H. Chamberlain of the said City as well for and touching the sure payment of two hundred and sixty pounds to and for the use of I. S. M. and T. Children and Orphans of J.J. late Citizen and Merchant-taylor of L. deceased As also for and touching the payment of a Legacy of seventy pounds given to the said Orphans by their said Father as by the severall Recognizances thereof in the said Chamber knowledged and their severall Conditions will appeare And where also the one moyety or halfe part of the said summe of two hundred and seventy pounds and also the one moyety of the said seventy pounds remaineth in the hands and custody of the said J. A. and T. T. If the said J.A. and T.T. and every of them their Executors and Assignes and every of them at all times hereafter and from time to time for their part do as well beare and pay to the said Chamberlain and his Successors Chamberlains of the said City for the time being to the use of the said Orphans one moyety or half part of all the said sum and summes of money and the moyety and one halfe of all other payments and charges which shall be due payable or belonging to the same Orphans or to any of them of to the said Chamberlain or his Successors for their use or the use of any of them by force or vertue of the said Recognizances or any of them when as the same or any part thereof shall be required by the said Chamberlain or his Successors And also from time to time according to the order and custome of the said City of London and agreeably to the conditions of the said Recognizances do satisfie the Lord Mayor of the City of London and the Court of Aldermen and the said Chamberlain for the time being with sufficient and competent surety and sureties in the stead lieu and place which the said J.A. and T.T. now have in the said Recognizances from time to time as often as any such surety or sureties by vertue of the said Recognizances or any of them shall be required or demanded in the stead lieu or place of the said J. and T. or either of them eitheir by the said Lord Mayor and Court of Aldermen or by the said Chamberlain for the time being or by any Officer or Minister of the said Mayor and Court of Aldermen or Chamberlain or any of them for the time being that then c. A Condition that one who hath taken a Lease paroll of a Shop and certaine Implements for so long as the Lessor and he can agree shall during his abode therein pay the rent and upon a certaine warning avoid THe Condition c. That where the above named S. E. hath demised and letten to farme to the above named T. G. all that Shop c. now in the occupation of c. and all such Implements as now remaine in the said Shop and are specified and expressed in a Schedule to this present Obligatian annexed To have and to hold the said Shop and Implements to the said T. and his assignes from the Feast of Saint Michael the Arch-angell last c. by and during the terme of one whole yeare from thence next following and fully to be compleat and to have and to hold the same from the end of that year at the pleasure of the said S. and his assignes from halfe yeare to halfe yeare so long as the said S. and his assignes shall so agree paying therefore to the said S. and his assignes the yearly rent of fourteen pounds of c. during so long time as the said T. or his assignes shall hold or occupy the said Shop the same rent from time time from henceforth to be paid in the Feast dayes of c. or within c. next after every of the same Feast dayes by equall portions viz three pounds ten shillings for every payment thereof If the said T. his executors or assignes do aswell yeild and truly pay to the said S. E. at the Shop aforesaid three pounds ten shillings of c. at every Feast day of the foure severall Feasts aforesaid or within c. next after every of the same Feast daies for the rent of the said Shop and Implements from time to time during so long time as the said T. his executors or assignes shall occupy the Shop aforesaid as also if the said S. his executors or assignes upon any of the evens or vigills of any of the foure severall Feast dayes aforesaid and after the twenty seventh of September now next ensuing at the Shop aforesaid shall
according c. Or else if the said R. T. his Executors or Administrators do from time to time abide perform and keep the Order Doom and Judgment of the two Master Wardens of the severall Companies of Drapers and Merchant-Taylors within the City of London which shall be for the time being touching and concerning the satisfaction and payment of all such damages and other summes of money as they from time to time shall adjudge and set down in writing for the breach and not performance of the Grants Covenants Conditions Articles and agreements or any of them specified in the said Indentures which on the part and behalf of the said R. his Executors and Administrators are to be observed performed and kept And do truely satisfie and pay c. Another Condition upon an Indenture of Partnership THe Condition c. That whereas in one paire of Indentures bearing date the day and yeare within written made between the within named H. H. on the one party and the within bound W.P. on the other party divers and sundry Covenants Grants Articles Clauses Sentences and agreements are contained on the part and behalfe of the said W. P. his Executors and Administrators or some of them to be performed as in and by the said Indentures more plainly may appeare If the said H. H. his Executors or Administrators shall at any time or times hereafter incur sustain or receive any damage losse or hinderance to or above the value of forty shillings of lawfull c. by reason or means of the breach not performance or not accomplishment of the said Covenants Grants Articles Clauses Sentences and agreements or any of them on the part and behalf of the said W. his Executors or Administrators by the true and plain meaning of the said Indentures to be performed Then if he the said W. his Executors or Administrators from time to time within the space of two monthes next after request or warning to him or them shall have been made or given by the said H.H. his Executors or Administrators for or touching a recompence or satisfaction to the same H. his Executors or Administrators to be had or made of or for such damage losse or hinderance as aforesaid do and shall well and truly recompence and satisfie to the said H.H. his Executors or administrators at the Shop now in the occupation of the said H. scituate in P. Church-yard London the full value in lawfull English money of all and every such damage losse and hinderance as he the said H. his Executors or administrators shall so incur or sustain as aforesaid and that without fraud covin or deceit That then c. or else c. A Condition for sealing of a Lease annexed to this Obligation by a day THe Condition c. That if the Dean and Canons of the within named Free-chappell for the time being shall after the Feast of the Annunciation c. which shall be c. within one month next after request made to the then Dean of the said Free-chappell by the said E.K. or any other person or persons by him in that behalfe sufficiently authorized seale and deliver the Writing indented and ingrossed filed and annexed to this present Obligation as their true and lawfull Deed without any Condition to the use of the said E. if he be then living And if it shall happen the said E. to dye before the said Feast of the Annunciation c. which shall be c. If then the Dean and Canons of the said Free-chappell for the time being shall after the said Feast of the Annunciation c. within one month next after request made to the said Dean of the said Free-chappell at the time of the said request by the Executors or Administrators of the said E.K. or some of them seale and deliver or cause to be sealed and delivered as their lawfull Deed one sufficient Lease by Indenture to be made to the Executors and administrators of the said E. K. of the same Messuage or Tenements and other the Hereditaments specified in the said Writing indented and hereunto annexed containing the number of yeares and rent with the like Covenants and agreements to all intents and purposes as be contained in the said Writing indented hereunto annexed as their lawfull Deed to the onely use and behoof of the Executors and administrators of the said E.K. That then c. A Condition for enjoyance of Land for ever and that an Heire shall make assurance thereof when he cometh to age THe Condition c. That whereas the above bound G. B. for and in the behalf of P.C. Son and Heire of I. C. late of L. Grocer deceased hath bargained and sold to the above named T. L. and his Heires for ever all that new Messuage c. scituate c. which the said G.B. since the decease of the said I. C. had of the Lease and demise of N. L. Gent. And which the same G. by his Deed indented bearing date the day and year above written hath assigneds and set over to the said T. L. If the said T L. his Heires and Assigne from henceforth to his and their own proper use and behoof forever shall or lawfully may have hold occupy and enjoy the said new Messuage with the appurtenances withouth any let disturbance eviction suit or molestation of the said P. C. his Heires or assignes or of any other person or persons having or which shall have or claim to have any lawfull Estate Right Title or Interest to the said Messuage with the appurtenances or to any part thereof by from or under the Estate Right Title or Interest of the said I.C. And if also the said P.C. and his next Heire or Heires and all and every such other person and persons as have or shall have any lawfull Estate Right Title or interest in or to the said new Messuage with the appurtenances or in or to any part thereof at and upon the reasonable request or requests of the said T.L. his Heires or Assignes at the costs and charges in the Law of the same T. his Heires or Assignes do and shall make such lawfull and sufficient conveyance and assurance conveyances estates and assurances of and in the same new Messuage with the appurtenances unto the said T.L. his Heires and assignes to his and their own proper use and behoof for ever As by the said T. L. his Heires or assignes or his or their Councell learned in the Lawes of this Realm from time to time during the space of five yeares next after the time wherein the said P. C. and his next Heire or Heires shall accomplish his or their full age of one and twenty-yeares or otherwise in the mean time before hand shall be lawfully and reasonably devised or advised with Warranty thereof to be made onely against the said persons and their Heires from whom such conveyance and assurance shall be required to be made as aforesaid That then c. A Condition that one
the premisses in H. and C. or in either of them to me the said X. mine heires and assignes to the use of me the said X. and of mine heires and assignes against the said Sir J S his Heires and assignes and every of them and against all such other person and persons and their heires as shall or may have claime or demand any estate or estates right title or interest of in to or out of the premisses in H. and C. aforesaid by the said Sir J. to me bargained and sold or of in to or out of any part or parcell of the same by from or under the said Sir J S or by reason or meanes of any act or acts thing or things assurance or assurances heretofore had made or done by the said Sir J or by any other person or persons by his assent meanes or procurement to be had and made by Act of Parliament in the next Session of Parliament to be holden according to the true intent and meaning of the aforementioned Covenant in the said former recited Indenture quadripartite amongst other things contained Signification to avoid c. And for and upon divers other considerations me moving to have signified and declared by this my present Deed indented subscribed with my hand and sealed with my Seale which I mean shall be inrolled in one of the Courts of Record of the Queens Highnesse her Heires or Successors do signifie pronounce and declare that my whole mind full meaning intent wil and pleasure is that the uses behoofs intents estates and limitations conveyed raised contained limited or expressed by or in the said Indenture quadripartite bearing date c. for touching or concerning only the said Lands Tenem and other Hereditaments in H. and C. aforesaid and by the said former Indenture quadripartite to me mine heires and assignes bargained and sold by the said Sir I S shall from henceforth be void and of none effect And that I the said X. and mine heires and all and every other person or persons and their heires which now stand or be seised or which hereafter shall stand or be seised of or in the said Lands Tenements and hereditaments in H. and C aforesaid and by the said Sir I. to me and mine heires by the said former recited Indenture quadripartite bargained and sold as is aforesaid or of or in any part or parcell of the same shall from henceforth stand and be seised of and in the same to the use and behoof of me the said X. H. and of mine heires and assignes for ever and to none other use intent or purpose The said last recited Indenture quadripartite Notwithstanding c. or any limitation of use in the same or any clause sentence covenant or agreement therein contained or any other matter cause or thing whatsoever to the contrary thereof in any notwithstanding In witnesse c. A payment of a summe of money to the intent to alter uses raised in land c. THis Writing indented Witnesseth That I Dame A L of L. widow late the wife of Sir T. L. Knight late Alderman of the city of L aforesaid deceased Have on the day of the date hereof paid unto the hands of T. H. now Treasurer of the Hospitall of c. within the said city of L. to the use of Sir J. L. Knight now Lord Maior of the same city of L. the summe of ten shillings of c. for the behoof and and relief of the poor children of the said Hospitall of c. within the said city of L. for the intent and purpose to alter all the uses limited appointed raised or made by one pair of Indentures bearing date c. made betwixt me the said Dame A. on the one part And Sir W. C. Knight I. S. one of her Majesties Justices of her Pleas before her Highnesse to be holden and T. B. Esquire on the other part of and in those two Messuages c. and of and in all that c. and of and in c. and of and in all other the Messuages lands tenements or hereditaments mentioned or specified in the said former Indentures above expressed in these presents And I the said Dame A. L. do by these presents revoke adnull make frustrate and avoid all and singular use and uses limitations of use and uses and estates by me at any time or times heretofore created limited raised or made of or in the Premisses or any part or parcell thereof by the said former Indent above recited or otherwise other then such as have been created limited raised or made to the use of me the said Dame A. and of mine heirs and assignes for ever and other then lease or grant leases or grants by me made of the Premisses or of any part thereof for term of life lives or years So as now from henceforth I the said Dame A. and all other person and persons seised of any estate of inheritance of or in the Premisses or any part thereof and of every part thereof stand and be seised to the use of me the said Dame A. and of mine heirs and assignes for ever and to none other use intent or purpose The said former Indenture or any former act or thing by me the said Dame A. heretofore done caused procured or agreed unto to the contrary notwithstanding And I the said T. H. do knowledge and confesse by these presents That the said Dame A. did pay unto me the said T. H. the sum of ten shillings and that I had and received the same of the said Dame A. in maner and form aforesaid In witness whereof we the said Dame A. and T. H. to both parts of this present Writings indented have set our seals Given c. An Indenture leading the use of a fine after the fine knowledged THis Indenture c. Between W. H. citizen and G. of L. on the one part And R. W. citizen and G. of L. on the other part Witnesseth that whereas the said W. H. heretofore by his Indenture dated c. for the consideration therein mentioned did give grant bargain and sell to the said R. and to his heirs and and assignes for the onely use of the said R. and of his heirs and assignes for ever all that Messuage or tenement with the appurtenances scituate in P. in the Parish of S. in the County of M. which sometimes was parcell of the possessions of c. And also two gardens c. And the reversion and reversions c. And where by the said former Indentures the said W. did covenant to and with the said R. That he the said W. and A. then yet his wife before the last day of Easter Term then next following should knowledge and levie in due form of Law one fine with Proclamations of all and singular the Premisses to the said R. and his heires according to the common and usuall order of fines before the Justices of our Soveraigne Lord the King of his Common