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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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c. to all to whom c. Greeting Know ye That we of our especiall grace certain knowledge and mere motion for us our heires and successors have granted to our beloved servant P V of c. born in lower Germany I V his wife of c born in the Earldom of Flanders That they and either of them during their lives and the lives of either of them may be Subjects and true lieges of us our heirs and successors and that they as lieges of us and of our heirs successors during their lives in all things may be treated reputed had holden and governed as our faithfull lieges and either of them during his life and the lives of either of them may be treated reputed holden and governed as a faithfull liege of us our heires and successors as if they or either of them were born within our Kingdom of England and not otherwise or in any other manner And that they the said P V and I during their lives and the lives of either of them all Actions reall personall and mixt in all our Courts and Jurisdictions and of our heires and successors may have exercise and them use and enjoy and therein implead and be impleaded answer and be answered defend and be defended and either of them so may in all and by all things as our faithfull lieges born in our said Realm of England And moreover That the said P V and I during their lives and the lives of either of them may and may be able to purchase receive take hold and possesse lands tenements reversions and hereditaments and other things whatsoever within our Realm of England and within our other Dominions in see-simple see tail for term of life or lives for term of year or years or any other way at their pleasure and at their pleasure of either of them and them use and enjoy in as large and ample manner as any other of our lieges within our Realm of England may and be able to do and them demise give sell alien and ingage to any person or persons to whom they shall please lawfully and freely as any of our lieges born within our Kingdom of England may or be able to do And that they the said P V and I from henceforth hereafter during their lives and the life of either of them by vertue or power of any Act Statute Ordinance or grant made or to be made be no otherwise bound or compelled or either of them bound or compelled to pay do or bear to us or to any of our heires or successors or to any other any other Taxes tallages subsidies granted or to be granted by Act of Parliament to us our heires or successors or any other customes impositions or charges whatsoever for their things Chattels debts goods lands or persons or either of them but onely such and so much as other our faithfull lieges born within our Kingdom of England for their things Chattels debts goods lands or persons pay give do or bear or have been commonly used to do or bear and not otherwise or in any other manner But the aforesaid P V and I may have and possesse all and all manner of liberties franchises and priviledges whatsoever and them may use and enjoy within our Realm of England and our Jurisdictions as freely quietly intirely and peaceably as other our faithfull lieges born within our said Kingdom of England may use or enjoy the same without lett molestation hinderance vexation or disturbance of us our heires or successors Justices Escheators Sheriffes Bayliffes Customers or other officers or ministers whomsoever by what Acts of Parliament of us our heires or successors Ordinances Proclamations provisions or any other matters made or to be made to the contrary thereof in any wise notwithstanding And further of our more abundant grace certain knowledge and mere motion We grant for us our heires and suceessors to the said P V and I that from henceforth it shall and may be lawfull to the said P V and I and to either of them from time to time and all times during their lives and the life of either of them at his free will to go and depart out of this our Realm of England or other our Realms into any parts beyond the Seas whatsoever and there to stay and remain and at his and her will pleasure and at his and her will and pleasure to returne into our kingdom of England when and and as often as they shall please during their lives without prejudice stop fine impediment forfeiture or grievance whatsoever of us our heirs or successors or of any of our officers or ministers of us our heirs or successors as fully freely and absolutely as the said P V and I or either of them may or might do whiles they were Aliens We will also and by these presents grant that the said P V and I shall have these our Letters made unto them without fine or see great or small for our use or otherwise for the premisses to be paid or given any statutes ordinances or proclamations in our Parliament or of our Predecessours or out of Parliament to the contrary heretofore made or proclaimed or hereafter to bee made or proclaimed or for that the said P V and I were borne in the parts beyond the Seas and out of our allegiance or for any other cause or matter whatsoever notwithstanding In witnesse c. A Deed of Gift of Land without Indenture TO All c. Know yee me the said A B for and in consideration of the summe of c. of good and c. to mee by C D c. well and faithfully payd whereof I confesse c. and the said C D his heirs executours and administrators thereof acquit and for ever discharge by these presents To have given granted and by this my present Writing confirmed to the said C D All that messuage c. which said messuage c. I lately had to mee and my heirs for ever of the gift and grant of E F c. as by the said Deed dated c. more fully appeareth To have and to hold the said messuage and all and singular the premisses with all and singular the appurtenances to the said C D his heirs and assignes to the onely use and behoof of the said C D his heirs and assignes for ever to be holden of the chief Lord of the Fee by the services due and of right accustomed And I the said A B and mine heirs the said messuage c. and all and singular the premisses with the appurtenances to the said C D his heirs and assignes to the onely c. against all people will warrant and for ever defend by these presents Moreover know yee me the said A B to have constituted c. A Letter of Atturney In witnesse whereof c. A Deed of Feoffment for a Wives Joynture TO All c. Know yee me the said A B in consideration of a marriage between mee
opened and all and singular other the Liberties preheminences Profits and Commodities before demised in manner aforesaid with their appurtenances whatsoever unto the said C D his Executors and Assignes from the Feast of P next ensuing the date of these presents unto the end and term of twenty one years from thenceforth fully to be complete and ended Yeilding and paying therefore yearly unto the said A B his heirs and Assignes Twenty six Pound of c. at two usual Feasts c. by even and equal portions c. with a clause of re-entry as in others And it is covenanted concluded and agreed by and between the said A B and C D. And the said C D. on his part doth covenant c. for him his c. to and with c. That he the said C D his Executors Administrators and Assignes shall not dig work get or draw any coals at any more or other pit or pits then one at any one time Yet neverthelesse it is condescended and agreed between the parties abovesaid that if the said C D his Executors or Assignes or any of them do or shall at any time or times hereafter during the said term dig work get or draw coals at any more or other pit or pits then one at one time that then the same C D his Executors Administrators and assignes shall yeild and pay unto the said A B yearly for and during the time that he shall dig work get or draw coals at any more or other pits then one for every pit at the which hee or they shall so dig and shall or may draw work or get coals to the number of twenty score corves or scopes a day as aforesaid every scope or corve containing eight pecks Land measure the sum of twenty pounds yearly at the two Feasts of c. aforesaid and with and under the like clause of re-entry for non-payment of the said rent by the said space of 23 dayes after either of the said Feasts as aforesaid And if it so happen that the said C D his Executors or assigns upon sinking of a new pit or pits shall win coals and yet cannot or may not draw up the full and just sum of twenty corves or scopes of such quantity as aforesaid that then he the said C D his executors and assignes shall satisfie and pay unto the said A B his heirs and assigns for so many coals as he or they shall so draw up proportionably according to the said sum and rate of twenty pound for a pit And the said C D doth covenant c. to and with c. That he the said C D his executors administrators and assignes For repairing shall and wil at all times and from time to time keep and maintain all such pit or pits mine or mines as he or they shall dig or cause to be digged fair and in good order and leave or cause to be left in the same pit or pits mine and mines good and sufficient pillars for the upholding and supporting of the ground or field there according as is used and accustomed in the lawful working of such like coal mines and also shall maintaine and keep the water-gate or gates thereof in good and sufficient manner during all the said term and so at the expiration of the said term leave the same And also that at the end of the said term of 21 years hereby granted by the said C D his executors and assigns shal and will leave one pit ready sunk to the coal unwrought And also that the said C D shall not at any time or times hereafter bargain sell let set or assigne the premisses hereby demised or any parcel thereof or any other pit or pits which the said C D at any time hereafter by vertue of these presents shal dig or make or cause to be digged or made to any person or persons other then to his wife child children or next of kindrend unlesse it be by and with the special licence consent or agreement of the said A B his heirs or assigns in writing in that behalf first had and obtained And the said A B doth covenant c. That he the same C D his executors and assigns shal and may during the said terme have such necessary and convenient way-leave and stay-leave for the carrying and laying of such coals as shall be digged gotten drawne or wrought at or in any the pit or pits to be made digged drawn or wrought within the grounds or lands aforesaid as heretofore hath been used or accustomed for carriage or laying of coals there He the said C D his executors and assigns yeilding and paying therefore the accustomed rents due or payable for the same And lastly it is granted and agreed between the said parties to these presents and the said C D for him his executors administrators and assigns doth covenant promise and grant to and with c. That any person or persons nominated by the said A B his heirs or assigns shall and may from time to time view the Coal-mines and manner of working thereof by these presents demised And also that neither the said C D his executors or assigns or any of them shall grant or permit any water drift for conveying of water from any mines of coal adjoyning to be made in or through any of the mines by these presents demised or any part thereof without the consent of the said A B his heirs or assigns in writing first obtained Articles of agreement for passing a Particular rated in Fee simple under the Great Seal to two Patentees and from them to the purchaser WHereas the said R H hath already delivered unto the said R T a Particular in parchment already rated by the Commissioners of the Manor of R with the appurtenances in the county of York per Annum x l. to be passed from the Queens Majestie by Letters patents under the great Seal of England amongst other things in Fee simple to such person or persons as patentee or patentees in trust their heirs and assignes for ever as the said R T shall think fit and from the said patentee or patentees to F B of c. his heirs and assignes for ever And whereas for the doing and finishing thereof the said F B by the hands of the said R H hath at the ensealing and delivery of these presents paid and delivered unto the said R T the summe of c. in full satisfaction of and for the clear and absolute purchase of the said Manor and of and for all charges for the same to be answered or paid in any wise either to her Majestie or any other for the purchase of the same Manor other then for the enrolling of the conveyance or assurance to be made by the said patentee or patentees to the said F B his heirs and assignes and other then for the charges of the procuring of the survey of the Woods growing upon the premisses both which are to be done at
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
in the Countie of F as of for and upon all and all manner of actions suits quarrels debts debates bargains contracts trespasses claims controversies and demands whatsoever they be had moved stirred or depending between the said parties at any time before the date hereof So that the same arbitrament ordinance and judgment of the said Arbitrator of and upon the premises be made and yeelded up in writing indented under his hand and seal on this side and before the Feast of N. next coming after the date within written That then c. So as the Award c. be given up before the c. next ensuing as before and if in case the said Arbitrators cannot nor do not before the said c. make an award of and upon the premises in manner and form aforesaid Umperage after Award Then if the said C D. his heirs executors c. and every of them do well and truly stand to abide obey observe perform fulfill and keep the finall end judgment umperage and determination of G H Umpire and indifferently elected and chosen to end and determine of and upon the premises That then c. So that the same umperage c. of the said C D be had made and given up in writing indented under his hand and seal and readie to be delivered to the said parties of the date hereof hath lent disbursed and delivered or to such of them as shall require the same before the tenth day of c. That then c. Not to sell Lands had by Marriage THe Condition c. That if neither the within bounden A B his heirs executors administrators nor assignes nor any of them doe at any time nor times hereafter give grant bargain sel demise let set nor otherwise do away all or any of the Lands Tenements Woods Under-woods Possessions or hereditaments or any part or parcel thereof which he the said A B now hath and enjoyeth or is possessed of at this present day by reason of a marriage late had and solemnized betweene him the said A B and J now his wise c. lying and being in the Towns Parishes Hamlets and fields of S. and H in the countie of C. or else where within the Realm of England to any manner of person or persons without the speciall licence will consent and agreement of the within named C D his executors or assignes first had and obtained in writing for the same That then c. To assure a summe of mony in consideration of a marriage THe condition c. That whereas the within bounden A B intendeth by Gods grace shortly to marrie and take to his wife one C D sister of the within named E F. if the said A B do by his last will and Testament or otherwise without any fraud or covin in case the said C D shall after marriage had between them survive the said A B lawfully give and assure to the said C D the sum of 500 l. c. or else goods and chattels to the value or worth of c. over and besides such chains bracelets jewels and apparell which the said C D shall fortune to have at the day of the death of the said A B. which said sum of 500 l. or else the said goods and chattels which then shal be worth the said summe of five hundred pounds and the said chains bracelets jewels and apparels the said C D her executours administrators and assignes shall and may at all times from the day of the death of the said A B peaceably quietly and lawfully have use give set and enjoy at her and their pleasure without any let or interruption of the said C B his executors administrators or assigns or of any other person or persons by his or their meanes assent or procurement That then c. To repay mony had with an Apprentice THe Condition c. That whereas A B daughter of c. by her Indenture of apprentiship bearing date with these presents hath put her selfe Apprentice to the within bounden C D and E F his wife and with them to dwell and serve as their Apprentice from the feast of c. unto the end and terme of seven years from thence next ensuing and fully to be compleat and ended as by the same Indenture of apprentiship more at lage appeareth And whereas also the within named G H the day 〈…〉 to the said C D the sum of twenty pounds c. to use and occupie as a stock during the said terme If therefore the said C D his c. or any of them do well and truly pay or cause to be paid unto the said A B her c. the sum of twenty pounds c. at the full end of the said term of seven years or at the day of the marriage of the said A B which of them shall now first and next happen fall out or be after the date hereof without fraud or covin And in case it fortune the said A B to decease before the end and expiration of the said term of seven yeares Then if the said C D his c. or any of them do well and truly repay or cause to be repaid unto the said G H his c. all the said summe of twenty pounds c. at the full end and expiration of the said term of seven yeares at or within c. if the same be then and there lawfully demanded of the said C D his c. And further if at any time hereafter during the said terme of seven years it shall appear to the parents of the same A B or to the Chamberlaine of the Citie of London for the time being that the said A B shal not be sufficiently instructed and taught in the science trade or art of a c. which her said Mistriss now useth or that the said A shall want convenient and sufficient meat drink good education lodging or apparell or any of them or that shee the same A shal be by any means hurt or not well used as an Apprentice ought to bee by her said Mistriss or by any other by her assent sufferance or procurement That then c. Not to demise lands without licence THe Condition c. that if the within bounden A B do not at any time or times hereafter resign permit exchange give grant bargaine sell alien demise set let charge incumber or otherwise do away the rectorie c. set lying and being in c. or any part or parcell thereof to any person or persons without the special licence wil consent and agreement of the within named C D and E F or either of them or the heirs or assigns of the said C D before had and obtained in writing under their hands and seals for the same That then c. To pay mony yearly during the life of the obligee THe Condition c. That if the within boun A B and C D or either of them or the heires c. of