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A33419 The Clerks vade mecum, or, A choice collection of modern presidents according to the best forms extant, and such as have not formerly been printed : containing all sorts of bargains and sales, leases, mortgages, grants, covenants, surrenders &c. : usefull for all persons that have relation to the practick part of the common law ... / fatihfully perused by T.P. T. P. 1655 (1655) Wing C4651; ESTC R25308 386,429 737

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is to say that hee the said E D his executors To cleanse the streets three times in a week administrators or assignes shall and will at his and their owne proper costs and charges cleanse and make clean or cause to be cleansed or made cleane the said Parish of c. and all the Streets Lanes Alleyes and other places whatsoever within the said parish of c. as the same hath beene heretofore used and accustomed to be cleansed and made cleane by any Carter or Raker in that behalfe appointed from the Munday next after the feast of Epiphany of our Lord God commonly called Twelfth day next ensuing the date hereof until the Monday next after the Epiphany of our Lord God which shall be in the yeare c. weekly three times in every week weekly to wit on every Tuesday Thursday and Saturdy in every week weekly during the said term and also at all other such times and dayes as the Lord Maior of the City of London for the time being the Alderman of the Ward his Majesties privy Councel or the Common Councel of the said City of London or any of them shall appoint or command the same and from thence shall carry away and convey all such Channel dirt filth seacole-ashes sweeping of houses and lanes streetes alleyes and other places of and within the said parish of c. unto some convenient Lay-stall for the same to be provided by the said E D his c. at his or their proper costs and charges all rubbish and rushes as shall happen to be laid out of the parish-Church c. during the said term only excepted And further that he the said E D his c. shall and will from time to time and at all times during the said term cleerly acquit exonerate and discharge and save and keep harmless the said c. and every of them respectively and their successors in the said office of Scavengers being To save harmless the Scavengers duri●g the said terme of c. and from all and all manner of costs charges imprisonment expences and dammages whatsoever by them or any of them to be had or sustained or otherwise put into during the said Term for or by reason of any negligence or default of the said E D his c. in the premises or any part thereof And they the said c. do covenant for payment of the mony at the daies agreed on c. In witnesse c. A Condition to pay a summe of mony at two several payments THe Condition of this obligation is such that if the ●bove bounden I C his heires executors administrators or assignes or any of them do well and truly pay or cause to be paid unto the above named R M his executors administrators or assignes at or in the now dwelling house of the said R M situate c. the full sum of eight pound and twelve shillings of lawful mony c. in manner and form following That is to say on the last day of May next ensuing 4 li. thereof And on the c. next c. the other 4 li. and 12 s. thereof being the full remainder of the said sum c. without fraud or covin That then this present obligation to be void and of none effect But if default shall happen to be made in either of the payments aforesaid contrary to the true intent and meaning of these presents That then c. A Letter of Atturney to receive a debt and give discharge KNow all men by these presents that I E T of c. Gentleman have assigned ordained and made and in my stead and place by these presents put and constituted my trustie and welbeloved friend F M of c. to be my true and lawful Atturnie for me and in my name and to my use to ask sue for levie require recover and receive of I W of c. Esquire all and every such debts and sums of mony which are now due unto me by any manner of waies or meanes whatsoever Giving and granting unto my said Atturnie my whole power strength ●nd authority in and about the premises and upon the receipt of any such debts or sums of mony aforesaid acquittances or other discharges for and in my name to make seal and deliver and all and every such act and acts thing and things devise and devises whatsoever in the Law for the recovery of all or any such debts or sums of mony as aforesaid for me and in my name to doe execute and perform as fully largely and amply in every respect to all intents constructions and purposes as I my selfe might or could do if I were there in my own person present ratifying allowing and holding firm and stable all and whatsoever my said Atturnie shall lawfully doe or cause to be done in or about the execution of the premises by vertue of these presents In witnesse c. A Letter of Atturnie General for the receiving of Rent and monies due from time to time KNow all men by these presents that I A W of c. Esquire have assigned ordained and made and in my stead and place put and constituted my trusty and welbeloved friend H H of c. to be my true and lawful Atturnie for me in my name and to my use to ask sue for levie require recover and receive of all and every person and persons whatsoever all and every such debts rents and sums of mony as are now due unto me or which at any day or daies time or times hereafter shall be due owing belonging or appertaining unto me by any manner of waies or meanes whatsoever giving and granting unto my said Atturnie by the tenor of these presents my full and whole power strength and authority in and about the premises and upon the receipt of any such debts rents and sums of mony aforesaid Acquittances or other discharges for me and in my name to make seal and deliver and all and every other act and acts thing and things devise and devises in the law whatsoever needful and necessary to be done in and about the premises for the recovery of any such debts rents and sums of mony as aforesaid for me and in my name to doe execute and performe as fully largely and amply in every respect to all intents constructions and purposes as I my self might or could doe if I were personally present ratefying allowing and holding firm and stable all and whatsoever my said Atturnie shall lawfully doe or cause c. ut antea In witnesse c. A Generall release KNow all men by these presents that I A G of c. Gent. have remised released and for ever quit claimed and by these presents do for me my c and every of us clearly and absolutey remise release and for ever quit claim unto G C of c. Gentleman his c. all and all manner of actions cause and causes of actions suits quarrles debts duties bonds
whatsoever belonging to the setting up of the same frame and other things aforesaid and which the Carpenter Bricklayer and Plaisterer should or ought to do And also that he the same A B his Execurors or Assignes at his or their like costs and charges shall and will from time to time carry away all the earth rubbish and refuse which shall come or grow by reason of the pulling down of the same building and making and setting up of the same Cellar and frame in repect of the said Carpenters Brick-layers and Plaisterers work which said frame and all other thing and things whatsoever so to be made and done as aforesaid the said A B doth covenant c. to make do and fully finish before the said Feast of S. Michael next coming and that at the same Feast c. the same frame and premises shall be Tenantable In consideration whereof the said C D doth covenant c. to and with c. that he the said C D his Executors Administrators or Assignes shall and will well and truly pay or cause to be paid unto the said A B his Executors Administrators or Assignes at or in c. the full sum of One hundred pound c. in form following viz. c. And also that it shall and may be lawful to and for the said A B his Executors and Assignes to have and take the old Timber of the same house so to be pulled down and all the loame brick and tyle and other things about the same Lead Iron Wainscot and Glasse excepted and so much of the same old timber loarn brick and tyle as shall be good and sufficient and as the same C D shall like of to use and imploy about the building and setting up of the same new frame and the rest to take carry away convert and imploy to his and their most benefit and commodity And also that it shall and may bee lawful to and for the said A B his Executors Workmen and Assignes at his and their wills and pleasures at all time and times convenient to have free and quiet ingresse egresse and regresse into and from the place where the said new frame is to bee set up by and through the same now dwelling house of the said C D untill the Feast of Saint Michael the Archangel next coming without let or interruption of him the said C D. his Executors or Assignes or any of them In witnesse c. An Award made betweene Executors TO all Christian people to whom this present writing quadripartite indented of Award shall come Sir W. Cordale Knight Master of the Rolls sendeth greeting in our Lord God everlasting This INDENTURE quadripatitie also made the second day of A. in the fifth year c. Between Sir W. Gerrard c. one of the Executors of the last Will and Testament of R. Cholmeley c. of the first part Sir Tho. Offley one other of the Executors of the last Will and Testament aforesaid of the second part Sir Tho. Leigh c. one other of the Executors of the said last Will and Testament of the third part and Sir Hugh Cholmeley c. one other Executor of the same last Will and Testament of the said R. witnesseth That whereas the said R. by his said Testament and last Will bearing date c. amongst divers and many gifts and legacies therein limited and appointed to sundry persons therein named as by the same it may appear Hath given and bequeathed all the residue of all and singular his goods chattels leases and other things whatsoever his Debts Funerals and Legacies being paid and performed unto the said W G T O T L whom together with the said H C his brother he made and ordained his said Executors of his said last Will and Testament aforesaid and of the same he hath also made and ordained the said W C his Supervisor and overseer as by the same his last Wil also at large it doth and may appear And for the avoiding all doubts variances controversies suits and strifes that may and might ensue and grow between the foresaid parties touching the said last Will and Testament and the true execution of the same And for and concerning the said residue surplusage and remain of the said Goods Chattels and other things after the said Debts Funerals and Legacies discharged every of the said parties have compromitted and faithfully promised and further do severally covenant and grant to and with the others by these presents to stand to obey abide performe and fulfil the Award and Judgment of the said W C Knight Arbitrator between them indifferently named and chosen of and upon the premises Whereupon the same W C taking upon him the charge and businesse of the said Award and willing and minding as much as in him is the true Execution of the said Testament and that a final peace unity and concord shall be had and continued for ever between the same parties for and concerning the premises Hath and doth by these presents by and with the ful assent and consent of all and every the aforesaid parties make publish declare this his present Award Arbitrament and Judgment between the same parties touching the premises in manner form as followeth that is to say First the said W C by these presents doth award judg and determine and every of the parties before named covenanteth and granteth severally for himself his Heirs Executo●s and Administrators to and with the other of them his and their Executors and Administrators and every of them by these presents in manner and forme following that is to say That the same Executors or any of them shall not at any time or times hereafter willingly and wittingly conceal That any of the Executors shall not conceal any of the Testators goods from the other Executors with-draw or keep close or cause to be concealed with-drawn or kept close from the said other Executors or any of them or the Survivors or the Survivor of them any such Goods Chattels Leases Debts Credits or other things whatsoever as hath come or shall happen to come to his or their or any of their hands custody possession or knowledge that were or did or ought to appertain or belong to the said R C the Testator or his Executors to the intent the same or any part thereof should not be recovered used ordered enjoyed or disposed by the same Executors to their and every of their own proper use most benefit commodity and advan age by equal portions in manner and form aforesaid And it is further ordered and judged by the said Sir W. C. and also fully condescended and agreed between the said parties To execute the Testators Will and trust reposed in them and every of them severally doth covenant and grant for him his Heirs Executors and Administrators to and with the others by these presents that the same Executors and every of them shall from henceforth both in name and deed
Majesties Reigne demised granted c. A Lease upon Condition in Mortgage for Collateral Security THis INDENTVRE tripartite witnesseth That whereas the said T C and R A at the request and desire and for the onely debt and dutie of the said I B together with the same I B are and stand jointly and severally holden and bound in and by two severall Obligations or Deeds obligatorie each of them bearing date the day of the date of these presents viz. in the one whereof to R W. c. in the sum of 800 li. of c. with condition thereupon made for the payment of 413 li. 16 s. 4 d. of like c. on the fourth day of c. next coming after the date of these presents at or within c. And in the other whereof unto one W C of c. in the sum of 200 li. of c. with condition thereupon made for the payment of 104 li. 4 d. on the said fourth day of c. next coming after the date hereof at or within c. As by the same severall Obligations and the severall conditions thereupon endorsed more plainly at large doth and may appear Now the said I B aswell for the indempnitie and saving harmlesse of the said T C and R A and either of them of for and concerning the said recited Obligations and summs of money in them or either of them contained as for divers other good and reasonable causes and considerations him the said I B in this behalf specially moving hath demised granted and to farm letten and by these presents doth c. unto the said T C and R A all that the Mannor of B. in the Parish of B. in the County of L. with the rights appurtenances and members thereof whatsoever And also all and singular Messuages Lands Tenements Feedings Meadowes Pastures Rents Reversions Services Hereditaments c. whatsoever to the said Mannor or Lordship by any meanes belonging or appertaining or as member part or parcel thereof now or at any time heretofore being had known accepted used occupied reputed or enjoyed with all and singular their and every of their appurtenances To have and to hold the said Mannor or Lordship messuages lands tenements hereditaments and all and singular other the premises herein before mentioned to be demised and granted and every parcel thereof with the appurtenances unto the said T C and R A their executors administrators and assignes from the feast of c. last past before the date hereof unto the end and term of 99. yeares from thence next ensuing and fully to be compleate and ended Yeilding and paying therefore yearely during the said term unto the said I B his heires and assignes c. at the Feasts of c. by even and equal portions Provided alwaies and it is neverthelesse covenanted conditioned and agreed by and between the said parties to these presents And the said T C and R A do by these presents covenant promise and grant for themselves their and either of their heires executors and administrators to and with the said I B his heirs executors administrators and assignes and every of them that if he the said I B his heires executors administrators or assignes or any of them do well and truly content and pay or cause to be contented or paid as well unto the said R W his executors c. the said summe of 416 l. 13 s. 4 d. of c. on the said fourth day of June next coming after the date hereof at the place before limited and appointed for payment thereof as also unto the said T C his executors administrators or assignes the said summ of 104 l. 4 d. of c. on the said fourth day of June next coming at the place before limited and appointed for payment thereof as aforesaid for and in full satisfaction payment and discharge of the said several recited obligations and of the summe and summes of mony in them or either of them conteined That then and from thenceforth this present Indenture of demise lease and grant and all and every article and agreement herein contained shall cease determine and be utterly void frustrate and of none effect as if these presents had not been had nor made This Indenture or any thing herein conteined to the Contrary thereof in any wise notwithstanding And that then upon full payment had and made of the said severall summes of 416 l. 13 s. 4 d. and 104 l. 04 d. in manner and form as aforesaid The said T C That the Lessee upon payment of a sum of mony shall yeild up his lease to be cancelled and RA their executors administrators or assignes shall well and truly deliver or cause to be delivered unto the said I B his executors administrators or assignes making payment thereof the two counterparts of these present Indentures whereunto the said I B hath severally put his hand and seale to be cancelled and made void And the said I B doth covenant c. for himselfe his c. by these presents to and with the said T C For quiet enjoying upon default of payment by the Lessor and R A their and either of their executors c. That they the said T and R their executors c. shall and may immediately from and after default of paiment had or made of the said severall summes of 416 li. 13 s. 4 d. and 104 li. 4 d. or of either of them contrary to the form tenor and true meaning of these presents peaceably and quietly have hold use occupie and enjoy the said Manor or Lordship and all other the premises before demised and every part and parcel thereof with the appurtenances for and during the said term of 99 yeares under the rent aforesaid without any manner of trouble let interruption or disturbance of him the said I B his heirs or assignes or any of them or of any other person or persons whatsoever lawfully having or claiming any estate interest or title in or to the same Manor or Lordship or in or to any part thereof in by from or under them or any of them In witnesse c. To repay money if the Lessee be put out of possession ANd the said A B doth covenant c. for himself his heirs executors and administrators to and with the said C D his executors administrators and assignes and every of them by these presents That if the said C D his c. or any of them shall or be at any time hereafter lawfully avoided expulsed or kept from the possession or occupation of the said Rectorie or other the premises by reason or force of any Lease Demise or Grant made or granted or to be made or granted by our said Soveraign Ladie the Queens Majestie to any person or persons of the said Parsonage and other the premises between the feast of c. which was in the year of our Lord God 1571. and the day of the date of the said Letters Patents
the twentieth year of the Raigne of our late Soveraigne Lord King Henry the 8th before Sir T S Maior of the Stalpe at Westminster and Constable of the same by his recognizance in the Nature of a statute staple knowledged before the said Sir T S the said 17 day of M in the said 20 year of c. acknowledged himself to stand and be indebted unto one T A Esq in the sum of 2000 marks to have been paid to the said T on the feast of P then next following as in and by the said Statute more at large it doth may appear After the knowledgment of which said recognizance the said T A in the time of the late King Ed. the 6. was attainted of felony by the the name of T A Kr. by reason of which attainder as wel the said debt of 2000 marks as also all the goods chattels rights debts and credits which were the said Tho. Arundels to the said K. Ed. the 6. did appertain and belong and so by his death and by the death of the late Queens Majestie the same debt of 2000 marks due by the recognizances became due to our Soveraigne Lady Eliz. the Queens Majestie that now is And whereas also afterwards our said Soveraigne Lady Eliz. the Queens Majestie that now is by her Highness Letters patents under the great Seal of England bearing date c. for the consideration in the said Letters patents expressed did give and grant to the said Rob. Zinzan aliàs Alexander all and all manner of Recognizances debts and penalties forfeited to our said Soveraigne Lady by reason of the attainder of any person or persons and from her Highness concealed and before the date of the said Letters patents unjustly detained to the number of 30 such persons attainted of Felony as the said Ro. Z. or his assignes should name within two years after the date of the said Letters patents unto the Lord high-Treasurer of England or to the Chancellour of the Exchequer for the time being And further granted to the said R Z by the same Letters patents that it should be lawfull to and for him as wel in her Majesties name as in the name of the said R to implead condemn and put in execution any person or persons which ought to yield and pay any such sums of mony debts recognizances and forfeitures and to take execution thereof to his and their owne use as by the same Letters patents amongst other things appeareth And whereas also within the said two years next after the ensealing of the said Letters patents that is to say the fourth day of J. in the said one and twentieth year of the raign of c. the said R Z did nominate to the Right Honourable Sir W M. Kr. then Chancellour of her Majesties said Exchequer the foresaid Sir T A. attainted of felony according to the forme in the said Letters patents specified And wheras also the said 2000 Marks in the foresaid recognizance specified were concealed from the late K. E. the 6. Q. M. and from our soveraign Lady the Qu. that now is And wheras therupon also our said soveraign Lady the Queens Majestie that now is by her writ of extend ' fac ' issuing out of her Majesties high Court of Chancery upon a certificate made into the said Court by the clark of the statute for the time being did command the Sheriff of the foresaid Countie of S. that by the oathes of good and lawfull men of this Bayliwick he should diligently inquire what lands and tenements the foresaid WC had within his said Bayliwick at the foresaid day of the date of the foresaid recognizance or at any time after and of what yearly value the same were of and that hee should extend all the said lands and tenements and should seize them to the use of her Majestie to the end the same might be delivered to the foresaid R. until he should be fully satisfied of the said 2000 Markes according to the forme of the statute at Westminster made for the recovery of such debts And whereas also afterwards the said Sheriff made returne into the said court of the said writ as followeth viz. That the foresaid W C the said 17 day of M. was seized in his demeasne as of fee of and in the Mannors of T F c. recite all the land with the appurtenances in the said county of S. and that the foresaid Mannors of T F c. are worth by the year in all issues above reprize 15 l. and that the foresaid Mannors of C and D with the appurtenances c. are worth c. ut antea and that hee the said Sheriffe did by vertue of the same writ seize and take into her Majesties hands all the said Manors and other the premises whatsoever with the appurtenances as by her Majesties said writ he was commanded and that the foresaid W C had no other or more Mannors lands or tenements within the said countie which might be extended for the said debt or seized to the use of her Majestie as by the return of the said writ remaining upon the files of the said court of chancery more at large appeareth And whereas also afterwards her Majestie by a writ of liberate issuing out of the said court of chancery did command the Sheriff of the said countie of S that he should deliver unto the said R Z and his assigns the foresaid lands Manors and tenements and other the premises with the appurtenances if according to the said extent he should receive them To hold to him the said R Z and his assignes as his and their freehold untill he should be satisfied the said sum of 2000 marks together with his costs and charges in that behalf reasonably sustained which said Sheriffe afterwards returned that he the third day of M c. did deliver unto the said W C atturney and assignee to the said R Z lawfully authorized the said Mannors lands tenements and other the premisses in the said County of S. with their appurtenances to hold to the said R Z and his assignes as his and their free-hold until he or they should be fully satisfied of the foresaid 2000 marks together with his costs and charges in that behalfe reasonably sustained as also by the said writ and returne thereof remaining on the files of the said Court of Chancery also appeareth And wheras also the Qu. Majestie by an other writ of extent issuing out of the said high Court of Chancery upon the certificate aforesaid directed to the Sheriff of the county of Dorset did command the said Sheriff of the said county of Dorset that likewise by oaths and testimonies of good and lawful men of the said county he should diligently inquire what lands and tenements the foresaid W C had within the said county of D. at the aforesaid day of the date of the foresaid recognizance or at any time after and for what yearly value the same were of And that hee
buildings structures stables gardens orchards tosts croft curtilages lands tenements meadowes feedings pastures commons wasts heath moores marishes profits commodities emoluments and hereditaments whatsoever to the premises above mentioned belonging or appertaining or had known accepted used or occupied as member part or parcell of the premises with all and singular the appurtenances which Tenement and one yard land with the appurtenances I the saie R M lately had and purchased amongst others to me and mine heires to the onely use of me the said R M my heires and assignes for ever in fee farme by the names of all that Tenement and one yard land c. word for word as the are granted in the Letters patents And the moity of which close c. I the said R M also lately had and purchased to me my heires and assignes as is above mentioned together with another moity of the same close by the name of all that close c. late in the Tenure of c. of the gift and grant of his late majesty c. as by his Letters patents made under the great seal of England dated at G more fully appeareth To have and to hold the said Tenements and all and singular the said houses buildings c. and all and singular other the premises above by the presents granted with all their appurtenances to the said G W his heires and assignes to the onely use of the said G W his heires and assignes for ever Upon the condition and intention expressed and specified in certain Indentures dated c. and made between me the said R M on the one part and the said G W on the other part touching the premises To be holden of his said late majesty c. Rendring yearly to his said majesty his heires and successors of and for the said Tenement c. 15 shillings and of and for the moity of the said close 12 pence of lawfull English money at the Receipt of his said majesties Exchequer his heires and successors or to the hands of the Bayliffes or receiver generall of the premises for the time being at the feasts c. by equall portions to be paid for all other rents services exactions suites and demands whatsoever therefore in any manner to be paid or done to his said majesty his heires and successors And I the said R M and my heires the Tenement aforesaid c. and all and singular other the premises above by these presents granted with all their appurtenances to the said G W his heires and assignes Warranty to the onely proper use of the said G W his heires and assignes for ever under the condition and intention aforesaid against me the said R M my heires and assignes will Warrant and for ever defend by these presents Moreover know ye me the said R M to have made c. A Letter of Atturney In witnesse c. A Feoffment upon condition of payment of money TO All Christian People to whom c. Greeting Know yee me the said A B for the sum of c. of lawfull English money to me the said A B at the ensealing and delivery of these presents by the said C D well and truely paid wherewith I confesse my self fully satisfied and contented and him the said C D his heires executors administrators and every of them thereof acquitt and for ever discharge by these presents To have given granted infeoffed and confirmed and by this my present to give grant infeoffe and confirm unto the said C D his heires and assignes all that field and pasture with the appurtenances called W c. lying and being in the parish of A in the County of c. now or late in the tenure or occupation of me the said A B or my assignes and all and singular the lands c. To have hold and injoy the said field other the premisses above by these presents given and granted with all their appurtenances to the said C D his heires and assignes to the proper use of the said C D his heires and assignes for ever To be Holden of the chief Lords of the fee by the rents and services therefore due and of right accustomed Provided alwayes neverthelesse that if I the said A B shall pay or cause to be paid or my heires or assignes pay or cause to be paid to the said C D his executors or assignes 300 pound of lawfull English money upon the feast day of Saint Michael which shall be in the year of our Lord c. between the hours of one and five in the afternoon of the same day at or within c. That then and immediately after such paymenr made in manner and form aforesaid This present writing and possession and seisin thereupon had and taken or to be had shall void and of no force and effect and shall be accompted for null any thing in these presents contained to the contrary thereof notwithstanding And I the said A B and my heires the said field c. and all other and singular the premisses above by these presents given and granted with all their appurtenances to the said C D his heires and assignes to the use aforesaid Warranty and upon the condition aforesaid against me the said A B my heirs and assignes will warrant and for ever defend by these presents Moreover know yee a Letter of Atturney In witnesse c. A Letter of Atturney to receive possession and seisin KNow All men by these presents me C D. of c. To have made ordained constituted deputed and in my place by these presents put my beloved in Christ E F my true and lawfull Atturney to receive for me in my name and stead of A B of c. or of his certain Atturney or Atturneys in that behalf full and peaceable possession and seisin of and in all that field and pasture called W with the appurtenances lying and being in the parish of A in the County of c. now in the tenure or occupation of the said A B and of and in all and singular other lands tenements meadowes pastures and hereditaments whatsoever with all their appurtenances to mee the said C D my heires and assignes by the said A B given and granted by a certain Indenture dated c. according to the tenor force forme and effect of the said Charter indented hereby ratifying and confirming all and whatsoever my said atturney shall do in the premisses by vertue of these presents In witnesse c. A Feoffment in part of performance of Covenants in a certaine Indenture TO all Christian people to whom c. A B of c. greeting c. Know ye mee the said A B as well for the summe of c. of lawful c. to mee beforehand before the ensealing and delivery of these presents by C D of c. well and truly paid as also in part of accomplishment and performance of certain Covenants grants and agreements in certaine Indentures expressed
yearely during the said Term that is to say at the feast of the Birth of our Lord or within 8 daies next after or before the same Feast day either of the said parties upon request of the other make or cause to be made unto the other a full true and clear account as well of the said Stock and of all the gains and profits coming and growing of the same as of all the losses happening of the same if any such be And moreover it is covenanted granted and agreed between the said parties by these presents That they and either of them at the end of the said Term of 3 yeares shall make together a true just accompt and reckoning as well of the said Stock of 300 li. and of all the gaines profit and commodities coming growing of the same as of all losses which have chanced at any time during the said Term of 3 yeares next proceeding And that upon such accompt made all such things as shall remain in the hands of either the said parties or of any other by their delivery or to the use of either of them shal be equally divided and delivered to the said parties their c. Further it is covenanted granted and agreed between the said parties to these presents That either of the said parties at his own proper costs and charges shall undergoe sustaine and bear all such costs and charges as well of meat drink keeping of house and houshold apparrel play and giving of servants wages and all other expences which he shall by any meanes spend during the said Term. Provided alwayes and it is fully covenanted granted and agreed between the said parties That if it fortune either of the said A and B before the end of the said Term of 3 years to decease and depart this world that then the said survivor of them his c. shall within one moneth next after his decease make or cause to be made a true and just accompt and reckoning with the executors of the deceased in such manner and form as the said A and B ought to have done if they had beene both living and upon such accompt made that as well all such of the said stock as of all the gaines and profits thereof coming the losses being deducted if any bee shall be equally divided parted and delivered betweene the said survivor and the c. of the deceased and that all such summes of mony as by the said accompt shall bee found due or owing by any person or persons to the said A and B shall upon the recovery thereof by the survivor his c. be divided and the entire half thereof the costs and charges in the law being deducted shall be by the said survivor his executors or assignes delivered and paid to the executour of the said deceased within one month next after the recovery thereof without fraud or covin And further it is agreed c. That neither of them without consent of the other shall become suretie or bound for any person or persons by bond promise or otherwise for any debt summe of mony performance of any bargain or otherwayes during the said terme of three years nor do any other kind of act or thing concerning the premisses without the consent of the other in writing which shall be hurtfull to the other in any wise and finally that either of the said parties shall accept in part of payment of his portion of the premisses all such debts and credits as hee shall trust or deliver wares for without the consent of the other any thing abovesaid to the contrary in any wise notwithstanding In witnesse c. An Indenture where three have purchased Land jointly that upon sale thereof all summes of money shall bee equally divided amongst them THis INDENTURE made c. betweene T B of the first part and A K of London on the second part and E D of London Gentleman on the third part where the said parties before the date hereof jointly together at their equall costs and charges have paid disbursed and laid our divers summes of mony for the full cleer and absolute purchase of c. recite the land the state whereof remaineth in the said E and one M G Gentleman the day of the date hereof to be assured to such person or persons as the said c. shall name or appoint Now this Indenture witnesseth that it is fully covenanted granted condescended and agreed betweene the said c. and every of them covenanteth and granteth for himselfe his heirs executors and administrators to and with the other his heires executors and assignes that the whole benefit commodie and profit and the summe and summes of mony which at any time hereafter shall be had or received as arising coming growing and renewing of for or concerning the Lands before expressed and specified and every part and parcell thereof by the said c. or any of them or any of their heires executors c. or any of them or any other person or persons by their or any of their meanes or procurement shall bee equally and indifferently distributed betweene every of them the said c. in such sort as every of them their and every of their heires executors administrators and assignes shall have their equall part and portion without any manner of fraud or covin And also it is further agreed between the same parties That in case any of them happen to decease at any time hereafter That then the benefit and profit of the premisses shall not be perceived or taken by any of the parties for or by reason of any survivorship And moreover it is fully agreed betweene the said c. that they not any of them shall at any time hereafter bargaine sell grant convey assure or alien nor suffer to bee conveyed or aliened by or from them or any of them the said Messuages lands tenements c. or any part or parcel thereof or any his or their estate right title or interest of in or to the same or any of them to any person or persons whatsoever unless it be by with the consent privity knowledg or agreement of such of the said other parties to these presents as then shall be living under his or their hands and seales in writing first had and obtained In witnesse c. An Indenture where a Lease is granted to three joint lessees that every of them is to pay his part of the rent and equall part in the charge of repairing ond other charges THis INDENTURE tripartite made c. Witnesseth That where the parties are and stand possessed of and in the Messuage tenement or Inn called the Ship set lying and being in the parish of St. Clement Danes c. and of one field c. and of in and to all and sigular houses buildings barnes stables shops cellars sollars wast grounds entries issues wayes and all other commodities rents and profits to the same belonging or appertaining that is to
thing and things as in about touching or concerning the said office shall be necessary or requisite to be done To have hold exercise and enjoy the said office unto the said C D as deputie of me the said A B for and during the will and pleasure of me the said A B. in as ample manner and wise as I the said A B ought or might exercise execute receive accomplish and do in the same if I the said A B were might or should be present at the exercising executing accomplishing receiving or doing thereof In witnesse c. The grant of a Stewardship or keeping of Courts THis INDENTURE made c. Between A S of S in the County of S Gentleman of the one party and R K of L in the County of B Gentleman of the other party Witnesseth that whereas our said Sovereign Lord the Kings Majestie that now is by his Highnesse Letters patents under the Seal of his Majesties Court of Exchequer bearing date at Westminster the eleventh day of October in the 20th yeare of his Majesties Reign hath amongst divers other things therein contained assigned and appointed the said A S to the Office and Offices of Steward and keeper of Courts and Leets of the Manor of L and also of the Manor of B in the County of S during his Majesties pleasure as by the same Letters patents amongst divers other things therein contained more plainly appeareth Now the said A S for divers good causes and considerations him in this behalf especially moving hath made ordained constituted and appointed and by these presents doth make ordaine constitute and appoint the said R K to be his deputie to exercise and execute the said office and offices of Stewardship and keeper of Courts and Leets of the said Manor and to seize and take all Heriots to take and receive all profits of Courts and Leets which are or shal grow due within the said Manor or any of them To have enjoy hold exercise and occupie the same Office and Offices to the said R K during the will and pleasure of the said R S. and to perceive receive and take the wages fees allowances profits and commodities therefore of right due accustomed belonging and appertaining and the said R K doth covenant promise and grant for himself his executors and administratoas by these presents to and with the said A S his executors administrators and assignes and every of them in manner and form following viz. that he the said R K his executors or assignes shall and will from time to time well and truely pay or cause to be paid unto the said A S his executors or assignes all such wages fees allowances summe and summes of mony heriots profits of Courts and Leets and other profits and commodities as for or in respect or by reason of the said Office and Offices of Stewardship or keeping of Courts and debts within the said Manor and every or any of them shall grow due or be payable or as he the said R K by reason or in respect of the exer●ising or executing thereof shall from time to time receive perceive take or make And also that he the said R K shall not nor will not at any time or times hereafter do commit or suffer to be done any manner of act or thing whatsoever which shall or may be in any wise prejudicial or hurtful to the said Letters patents before mentioned or to the said A S his duputie or deputies in exercising or executing the said patent or any the Office or Offices of Stewardship or keeping of Courts or Leets or any power or Authority thereby given or granted or any thing therein conteined In witnesse c. The form of an Award yeilded up TO all Christian people c. A B and C D of c. send greeting c. Whereas certain suits controversies and debates have heretofore been had and moved between E F and G H of c. for the appeasing of which said suits strifes and controversies the said E F for himself and one I K of c. for and on the behalf of G H by their Recognizances bearing date c. taken and acknowledgled c. stand bounden either to the other in the summe of c. That they the said E F and G H shall stand to abide and obey the order end and award of us the said A B and C D so that the same Award were by us the said A B C D made within fourteen dayes then next after as by the same may appeare Whereupon know ye that we the said A B and C D willing to set the said parties at quietnesse and amitie touching the premises do make declare and give up our Award as followeth viz. First we do award order and determine That from henceforth the said parties and each of them shall for his part surcease all such suits and controversies moved or as are now depending between the said parties and that c. And finally we the said Arbitrators do award order and determine that this present writing Indented of award and all other writings concerning the same shall be had made and written at the onely costs and charges of the said E F. In witnesse c. A Letter of Licence from Creditors to Debtors TO all Christian people to whom this present writing of Licence and safe conduct shall come We A B and C B all Creditors unto E G and I G Greeting c. Whereas the said E G and I G are at this present truly indebted unto us their said creditors in divers severall summes of mony which they are not presently able to pay nor by any likelyhood shall be able in time to come without our Licence and respite of time be to them given in that behalf Know ye therefore that we all and every the said Creditors have given and granted and by these presents every one of us severally for himselfe his executors and administrators giveth and granteth unto them the said E G and I G our sure and safe conduct and speciall licence that they the said E G and I G their executors administrators servants and assignes with all their wares mony and merchandize at all and every time and times hereafter from the day of the date hereof until the full end and Term of three whole yeares from thence next ensuing shall and may safely quietly and peaceably come and goe repaire return sojourn dwell and abide within to and from the Citie of London and all and every other place and places in this Realm of England to the intent they or he may come to talk and conferre with us about the satisfaction of our said debts in such sort as upon view of their estates we shall think them able without any let trouble vexation arrest attachment or other disturbance wittingly or willingly of or by us or any of us or by the executors administrators or assignes of us or any of us or any other for
the let suit trouble denyall disturbance expulsion or interruption of the said E Earl of Bedford the L Lucy c. W Lord M Sir F G and E W and of all every other person and persons whatsoever and discharged of and from all other bargains sales gifts grants leases statutes recognizances extents judgements and all charges estates titles troubles and incumbrances whatsoever had made committed suffered or done or to be had c. by the said E E of Bedford the Lady Lucy Countesse of c. W Lord M Sir F G and E W or any of them or by any other person or persons whatsoever And further that if default be made in payment of the said sum of c or any part thereof For further assurance upon default at the day time and place aforesaid That then the said E E of Bedford the Lady Lucy C of B W Lord M Sir F G and E W their heires executors administrators and assignes and all and every other person or persons lawfully having claiming or pretending to have any manner of estate right title Interest claim or demands whatsoever of in or to the said closes grounds hereditaments and premisses or any part thereof shall and will acknowledge suffer cause or procure to be done made acknowledged suffered and executed All and every such further lawfull and reasonable Act and Acts thing and things devise and devises in the Law whatsoever for the further better and more perfect assurance surety sure making and conveying of the said closes grounds and premisses with the appurtenances and every part thereof to be conveyed unto the said J W his executors administrators and assignes during the said term of lxxxix years according to the intent meaning of these presents As by the said I W his executors or assignes or by his or their Councell learned in the Law shall be reasonably devised or advised and required And the said W Lord M Sir F G and E W for themselves severally and not jointly nor one of them for each other their severall heires executors administrators and assignes and for every of them respectively do covenant promise and grant to and with the said J W his executors administrators and assignes and every of them by these presents that if default of payment be made of the said sum of c. or any part thereof at the day time and place aforesaid That then the said J W his executors administrators and assignes shall or may from time to time and at all times during the said term of c. peaceably and quietly have hold possesse and enjoy the said closes grounds and othe premisses before mentioned to be hereby demised granted bargained or sold without the lawfull lett suit trouble deniall disturbance expulsion eviction or interruption of them the the said W Lord M. Sir F G and E W severally their and every of their severall respective heires and assignes or any of them or of any other person or persons lawfully claiming in by from under them or any of them respectively as aforesaid And discharged and clearly acquitted of and from all former bargains sales gifts grants statutes recognizances extents Judgements and of and from all other charges estates titles troubles and incumbrances whatsoever had made committed suffered or done by the said W Lord M Sir F G and E W or any of them respectively their or any of their severall heires executors administrators or assignes or any other person or persons claiming or to claim in by from or under them or any of them severally and respectively their or any of their severall estate act title meanes consent and procurement In witnesse c. A Covenant that after default of Payment the possession of lands in mortgage shall be delivered to the mortgage and also all Deeds and writing concerning the same ANd the said A B for himself c. That he the said A B his heires and assignes shall and will upon reasonable request to him or them to be made after default shall happen to be made of or in any of the payments aforesaid if it shall happen so to fall out deliver or cause to be delivered unto the said C B his heires executors administrators or one or some of them and the quiet and peaceable possession and feison of all and singular the before bargained premisses And shall then also after such default of payment within one moneth next ensuing deliver or cause to be delivered unto the said C D his heires and assignes aswell all and singular the Letters Paents deeds evidences writings Escrips and minuments before by these presents bargained and sold as also all the true copies of all such other deeds and writings As do touch and concern the before bargained premisses or any part thereof Together with any other Lands Tenements or hereditaments not before mentioned the said copies to be written at the costs of the said D his heirs or assignes A Letter of Atturney upon Covenants TO all Christian people c. J O B of c. son and executor of c. whereas by one Indenture bearing date c. made between A B on the one part and C D of c. on the other part there are divers Covenants contained on the part and behalf of the C D his executors and administrators to be kept and observed touching a Lease granted to the said O B by the dean and chapter of the Collegiate Church of c. of a certain Tenement lying in the precincts of Saint Martins le grand in London and covenanted to be transferred over by the said O B to the said C D as by the same Indenture whereunto relation being had more at large may appear Now know ye that I the said O B for divers good considerations me moving and especially for that it apeareth by the said Indenture that the name of my said Father was used onely in trust for the benefit of E D wife of the said C D and their issue have made ordained constituted and in my stead and place put and appointed my welbeloved friend E H of c. to be my true and lawfull Atturney for me and in my stead and name if need require to sue implead and prosecute the said G D his executors or Administrators for or upon the breach or not performance of all or any the said Covenants in the said Indendure specified and to have receive and take for the use aforesaid all such benefit summe and summes of money commoditie and advantage whatsoever which shall be recovered or gotten by means of any such suits Actions or proceedings to be brought or commenced concerning the same And all and every other Act and Acts thing and things whatsoever which shall be needfull to be done in and about the premisses the same for me and in my stead ●and name to do execute and perform in such like large and ample manner and form to all intents and purposes as I my self might or
stead and name to enter and come into and upon the farm and lands of T in the Parish of c. now in the tenure or occupation of R T or of his assigne or assignes or upon any part thereof then and there for me and in my stead and place to deliver as my deed unto H M of c. or to his assignes one Indenture whereunto I have already sealed bearing date c. made between me the said R R on the one part and the said H M on the other importing a lease of the farm and lands unto the said H M his executors Administrators and assignes for the term of four years next c. as in and by the same Indenture more at large appeareth which Indenture after the same shall be so delivered by my said Attorney I the said R R do promise by these presents shall be my effectuall deed in Law to all intents constructions and purposes as if I the said R R had sealed and delivered the same then and there my self In witnesse whereof c. A defeasance upon a Bond sued to A Iudgement THis Indenture made the c. between W R of c. on the one part and I P and G H of c. on the other part witnesseth That whereas the said I and G together with one E A of c. by one obligation bearing date c. became joyntly and severally bounden unto the said W R in the sum of Recitall of the Bond. c. with conditions thereupon made for the payment of c. As by the same obligation and condition thereof at large appeareth which said sum of c. or any part thereof or any thing in lieu of the same was not paid unto the said W R in the said c. nor any at time before or sithence by meanes whereof the said obligation became meerly forfeited And whereas the said W R hath brought severall Actions of debt in the Kings Maiesties Court of Commons Pleas at Westminister upon the said obligation against the said I P and C A upon which said Actions severall Judgements are had in the said Court Yet neverthelesse the said W R is contented and pleased and doth covenant that he the said W R Not to take out execution untill c. his executors nor administrators nor any of them shall at any time before c. take out any execution or executions upon the said Judgements or either of them And further the said W R doth c. That if the said I P and G A or either of them c. do pay c. That then he the said W R his executors or administrators shall upon request made and at the charges of the said I P and G A c. shall not only acknowledge satisfaction upon Record of To acknowledge satisfaction c. upon payment and for the said severall Judgements but shall also deliver unto them the said c. the said obligation to be cancelled and the said I P and G A to be thereof and of the said Judgements discharged In witnesse whereof c. A Recognizance from one to one A B. of H. in the County of S before our Lord the King in his Chancery personally being acknowledged to owe to P W of c. 200. pounds of c. to be paid to the said P W his executors c. in the feast of c. after the date of ●his Recognizance and unlesse he do it he willeth and granteth for him his heires c. that the said sum of money may be levied and recovered of his goods Chattels lands tenements and hereditaments to the use and behoofe of the said P W his heirs c. for ever wheresoever they shall be found within the Kingdom of England witnesse our Lord the King at W c. A Recognizance from two to one W I of c. and I H of c. being personally before our Lord the King in his Chancery did acknowledge themselves each of them did acknowledge himself to owe to I B of lawfull money of England to be paid to the said I B or his Attorney certain his exe c. upon the feast of Saint Michael the Archangel next ensuing the Date of this Recognizance And except he do it he willeth and granteth for himself his heirs c. and either of them that the said sum of money should be leavied and recovered of his goods chattels lands tenements and hereditaments to the use and behoof of him the said I B his heirs c and assignes for ever wheresoever they shall be found within the Kingdom of England Witnesse our said Lord the King at Westminister the 20. day c. In the yeer of the reign our said Lord Charles by the Grace of God of England c. A surrender of a Lease for obtaining a New Lease TO all people c I A S c send greeting c. whereas I the said A now am and stand lawfully possessed of a lease for term of my life to me made and granted by c. bearing date c. of and in c. All which premisses are scituate c. and are of the yearly value of c. As by the said c. Now know ye That I said A have granted and surrendred unto the said c. his heires und assignes the said messuage c. demised by the said c. to mee the said A. by the said recited indenture of lease as aforesaid and all the estate right title interest terme for live and demand whatsoever of me the said A. of in and to the said messuage and other the premisses with the appurtenances and of in and to every part and parcel thereof by force and vertue of the said recited Indenture of lease or otherwise whosoever together also with the said Indenture of lease to the intent neverthelesse that the said c. may by his Indenture of lease make a new demise and grant of the premisses to I H and C his wife and N their son for term of their natural lives and the life of the longest liver of them successively or otherwise as shall be thought convenient and for and under the accustomed yearly rent and under such provisoes covenants and articles as shall be thought fit therein to be comprised In witnesse c. A revocation of a suit TO all people c. I A B sends greeting c. whereas an action hath been brought at the common law in my name against P F upon a bond wherein the said P F and one D W. became bound unto me in the summe of c. with condition to pay c. at or in c. on the c. as by the same obligation c. Now know yee that I the said A B do by these presents revoke and withdraw the said action and suit brought against the said P F upon the said abligation and all proceedings thereupon had in my name and doe also