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A51778 The clerks guide leading into three parts, viz. I. Of indentures, leases, &c., II. Letters of attorney, warrants of attorney, mortgages, licences, charter-parties, &c., III. Bills, answers, replications, rejoynders in chancery, &c., under which are comprehended the most unusual forms of clerkship : to which is added, a fourth part of fines, recoveries, statutes, recognisances, judgements, &c. distresses and replevins : illustrated with cases, and the statutes relating to the same / by Tho. Manley of the Middle Temple, London, Esq. Manley, Thomas, 1628-1690. 1672 (1672) Wing M443; ESTC R9951 653,624 764

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Administrators and for every of them doth covenant promise and grant to and with the said J. C. his Executors Administrators and Assigns and to and with every of them by these presents that he the said J. C. his Executors Administrators and Assigns shall and may from henceforth for ever peaceably and quietly have hold and enjoy the said stock of Goods and Money and the same and every part thereof to dispose and convert to his and their own proper use and behoof without the let suit trouble claim and disturbance of him the said J. G. his Executors Administrators or Assigns or any of them or of any other person or persons whatsoever claiming by from or under him them or any of them or by or under or by reason of his their or any of their act or acts right title interests means or procurement c. In witness c. An Assignment of a Lease of a Messuage divers plats of Ground with Buttals and Boundals several Covenants c. with an Exception THis Indenture made the c. day of c. Anno Domini 1632. and the Eighth year of the Reign of our Soveraign Lord King Charles c. Between S. A. of c. Gentleman of the one part and F. L. of c. Esquire of the other part Whereas Sir John T. late of c. Knight and Baronet deceased and the late right honourable N. Lord Tuston and Earl of Thanet by the name of Sir T. N. Knight Son and Heir apparent of the said Sir John T. now also deceased by their Indenture bearing date the thirtieth day of May in the fifteenth year of the Reign of our said Soveraign Lord King Charles over England c. for the consideration therein expressed did demise grant and to farm-let unto E. W. of c. his Executors and Assigns all that the Messuage or Tenement shed and plat of Ground scituate lying and being in Chick-Lane c. containing by estimation one hundred foot in length from the North to the South and in breadth forty one Foot from the East to the West the Messuage or Tenement then in the Tenure of J. W. lying on the East side thereof and the said Chick-Lane on the North-side thereof and the Messuage or Tenement then in the Tenure of one R. S. on the West and South-sides thereof And also their part of one Messuage or Tenement or shed and parcel of Ground lying and being in Chick-lane aforesaid containing by estimation Fourscore and twelve Foot in length and in breadth Eighteen Foot The Messuage or Tenement then in the Tenure or Occupation of one A. B. on the West-side thereof the said Chick-lane on the North-side thereof and the Messuage or Tenement then in the Tenure or Occupation of one H. S. on the South-side thereof and then or late before in the Tenure or Occupation of the said A. B. his Assignee or Assignees and all and singular the Messuages Tenements Houses Edifices Buildings Rooms Shops Cellars Sollers and void Ground unto the said Messuages or Tenements shed and plats of Ground before mentioned to be demised belonging or in any wise appertaining To have and to hold to the said Edmund Wright his executors administrators and assigns from the Feast of the Annunciation of the blessed Lady Saint Mary the Virgin last past before the date hereof unto the full end and term of Thirty one years from thence next ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir J. T. yearly during his life and after his decease to the said Right Honourable N. Lord T. and Earl of Thanet his heirs and assigns the full sum of Eight pounds of lawful money of England at two of the most usual Feasts or Terms in the year That is to say at the Feasts of St. Michael the Arch-angel and the Annunciation of the blessed Lady the Virgin Mary by equal portions as by the same Indenture more plainly may appear And whereas by certain other Indentures bearing date the said Thirtieth day of May made between the said Sir John T. and the said N. Lord T. and Earl of Thanet by the name of Sir N. T. Knight on the one part and the said E. W. on the other part It is covenanted conditioned and agreed by and between all the said Parties And the said E. W. for himself his executors administrators and assigns did covenant promise and grant to and with the said Sir J. T. and the said N. Lord T. and Earl of T. their heirs and assigns by the said last mentioned Indenture That the said E. W. his Executors Administrators and Assigns should well and truly yearly during the said Term of one and twenty years pay or cause to be paid to the said Sir I. T. during his natural life and after his decease to the said N. Lord T. and Earl of T. his Heirs and Assigns the full sum of twenty three pounds of lawful Money c. for and in the name of a Fine or Income for the said Lease at the two Feasts aforesaid by equal portions And whereas also the said Sir J. T. and the said N. Lord T. and Earl of T. by the name of N. T. Knight have by their Indenture bearing date the said c. day of May for the consideration therein mentioned demised granted and to farm-let unto I. VV. of c. all that their Messuage or Tenement scituate lying and being in Chick-lane aforesaid late in the tenure or occupation of one Agnes VV. and her Assignee or Assignees containing by estimation from the East to the VVest thirty foot in breadth and in length from the North to the South threescore Foot the Tenement then in the occupation of the said I. VV. lying on the East-side thereof the Tenement then of Ralph F. Gentleman on the VVest-side thereof the Tenements then in the tenure or occupation of the said Ralph E. on the South-side thereof and also all the tenement shed or piece of Ground lying and being in Chick-lane aforesaid containing by estimation one hundred and twenty Foot of assize in length and twenty eight Foot in breadth then or late before in the tenure or occupation of the said I. VV. or his Assignee or Assignees the Tenement then in the tenure or occupation of one I. C. lying on the East-side thereof and the tenement then in the tenure of one I. VV. on the VVest-side thereof and the Tenement belonging to St. Martins Orgars on the South-side thereof and also one other little piece or parcel of Ground situate lying and being near Chick-lane aforesaid c. containing by estimation in length nineteen Foot from the East to the VVest and in breadth from the North to the South sixteen Foot late in the tenure or occupation of R. B. or of his Assignee or Assignees the Tenement then in the occupation of the said I. VV. on the East-side thereof and the tenement then in the tenure of the said
Ralph F. on the VVest-side thereof the tenement then in the tenure of R. S. and E. W. on the North-side thereof and the tenement then in the tenure of the said R. F. on the South-side thereof and also all and singular Houses Edifices Buildings Stables and Back-sides Back-houses Shops Cellars Sollers c. unto the said Messuage and several plats of Ground before demised then belonging or appertaining or to or with the said demised premises then held used occupied or enjoyed as part parcel or member of them or either of them To have and to hold all and singular the said demised premises with the appurtenances to the said I. VV. his Executors Administrators and Assigns from the Feast of the Annunciation of our blessed Lady the Virgin Mary then last past before the date of the said last recived Indenture unto the full end and term of thirty and one years from thence next ensuing and fully to be complear and ended Yielding and paying therefore yearly during the said term unto the said Sir I. T. during his life and after his decease to the said Right Honourable N. Lord T. and Earl of T. and his Heirs and Assigns the full sum of Six pounds of lawful money of England at the two Feasts aforesaid by even and equal portions And whereas by certain other Indentures bearing date the said thirtieth day of May made between the said Sir I. T. and the said N. Lord T. Earl of T. of the one party and the said I. VV. of the other party It is convenanted concluded condescended and agreed by and between all the said Parties And the said I. VV. for himself his Executors Administrators and Assigns did covenant promise and grant to and with the said Sir I. T. and the said N. Lord T. Earl of T. their Heirs and Assigns That the said I. VV. his Executors Administrators and Assigns should well and truly yearly during the said term of thirty and one years pay or cause to be paid to the said Sir John T. during his natural life and after his decease to the said N. Lord T. Earl of T. his Heirs and Assigns the full sum of seventeen pounds of lawful money of England for and in the name of a Fine or Income for the said Leases at the two Feasts aforesaid by even and equal portions as by the same several Leases relation being unto them had more at large it doth and may appear which said several Leases Estates and Interests of the said E. VV. and I. VV. of in and to all and singular the aforesaid premises in and by the aforesaid several Indentures of Lease demised granted and contained as aforesaid were by mean Conveyances and sufficient Assurances in the Law conveyed to John Witherings Esquire and the said I. VV. by Deed indented under his Hand and Seal bearing date the c. of c. 5 Car. hath conveyed his Estate Interest and term of Years in the said premises unto the said S. for during and until all the residue of the time then to come and unexpired of the said several Indentures of Lease granted be fully compleat and ended as by the same Conveyances and Assurances relation being thereunto had it doth and may appear Now this Indenture witnesseth That the said S. H. for and in consideration of the sum of Three hundred and thirty pounds c. to him and his at and before the ensealing and delivery of these presents by the said F. H. well and truly paid whereof the said S. H. doth acknowledge the Receipt and thereof and of every part and parcel thereof doth hereby forever acquit and discharge the said F. H. his Executors and Assigns and every of them hath granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely grant bargain fell assign and set over unto the said F. H. and M. his Wife all and singular the said premises above-mentioned to be by the aforesaid Indentures or any of them demised letten or granted or mentioned meant or intended to be in and by the same demised letten or granted with their and every of their appurtenances And all the Messuages Houses Edifices and Buildings now standing erected and built and all the said original Indentures of Demise and all mean Conveyances and Assignments thereof and of every part thereof and all the time and term of years yet to come and unexpired granted mentioned or intended to be granted in or by the said Indentures or any of them and all the Estate Interest Right Title term and terms of Years Claim and Demand whatsoever which he the said S. H. now hath yet to come and unexpired of and in the said demised Premises or any of them To have and to hold all and singular the said demised premises by these presents mentioned or intended to be granted assigned or conveyed and all the said original Indentures of demise and all mean conveyances and assignments thereof and all the term of years yet to come and unexpired of and in the said demised premises or any of them unto the said F. H. and M. his wife their Executors Administrators and Assigns immediately from and after the making hereof for and during all the residue of the said several terms of c. years therein yet to come and unexpired And the said S. H. for himself his Executors and Administrators and for every of them doth covenant promise and grant to and with the said F. H. his Executors Administrators and Assigns and to and with every of them by these presents That he the said S. H. hath not before the day of the date hereof made done or committed any act or acts thing or things Grant Lease Estate or Incumbrance whatsoever whereby or by reason whereof the said Leases Estates and Premises before herein assigned and set over or any part or parcel thereof are or shall be frustrated avoided disturbed or incumbred Except one Lease made by the said F.M. and S. H. unto R. H. of a Messuage or Tenement with the appurtenances parcel of the premises aforesaid now or late in the Occupation of J. S. by Indenture dated c. now last past for the term of sixteen years commencing from the Feast c. at the yearly Rent of a Pepper-Corn and except certain Leases in the said Deed from the said J. VV. mentioned to be excepted severally and respectively of several parts and parcels of the said premises before the said S. had any Estate in the premises or any part thereof by E. VV. to G. VV. H. VV. and T. K. c. Upon which Leases divers several Rents are respectively reserved amounting in the whole to the sum of Sixty one pounds yearly or thereabouts all which Rents shall or may be hereafter payable to the said F. H. and M. his wife their Executors and Assigns and except all other Leases and Estates mentioned and excepted in the said Deed from the said J. VV. c. In witness c.
or from the said Mannor or any of the Lands Tenements and other the aforesaid premises without any fraud or covin of the said R. D. and B. or either of them their Heirs or Assigns by reason of any Right Title Estate of Interest to be had or made by R. W. the Grand-father or I. W. the Father of the said I. or the said I. or by any other person or persons claiming in by or under their or any of their Estates Titles or Interests That then he the said I. his Heirs Executors or Administrators or some of them shall and will within six moneths next after such eviction so to be had of the said Mannor or of any other the premiles or any part or parcel thereof upon reasonable request to be made at or in the c. well and truly pay or cause to be paid unto the said R. D. and B. their Heirs and Assigns for every Acre five pound and so after that rate and rate-like and that without fraud covin or further delay In witness c. An Indenture to lead the use of a Fine THis Indenture made the c. between F. G. of c. of the one part and R. VV. of c. of the other part VVhereas it is condescended unto and agreed between the said F. G. his Heirs c. and the said R. VV. his Heirs c. that the said F. G. his Heirs shall from time to time during two years next ensuing the date of these Indentures do cause suffer and make such assurance of his Mannors of M. and S. in the County of D. and the Advowson of the Church of A. and of all his Lands Tenements Rents Reversions Services and Hereditaments whatsoever in M. and D. in the County of D. in such manner and form as by the said R. VV. his Heirs and Assigns or his or their Council learned in the Law shall be reasonably devised advised or required at the Costs and Charges of the said R. VV. Now witnesseth this Indenture That the said R. VV. hath devised that the said F. G. at the term of Saint Hillary next ensuing the date above-written shall levy and acknowledge one Fine c. of the said Mannors Lands Tenements Advowsons and all other the premises to the said R. VV. and his Heirs in due form of Law which Fine so to be had levied and executed touching and concerning the said Mannor of M. c. and all the Lands Tenements Meadows Leasows Pastures and Hereditaments with the appurtenances to the said Mannor of M. c. belonging to the said F. G. for himself and his Heirs doth covenant and grant to and with the said R. VV. by these presents shall stand and be to the use of the said F. G. during his life without impeachment of waste and after his Decease to the use of the said R. VV. and D. his wife and of the Heirs of the said R. on the body of the said D. lawfully begotten and for default of such Issue to the right Heirs of the said R. VV. for ever And which Fine to be levied and executed touching and concerning all the residue of the premises the said F. G. for him and his Heirs doth covenant and grant to and with R. VV. by these presents that the said Fine shall stand and be to the use of the said F. G. and I. now his wife and the Heirs of the said F. upon the Body of the said I. begotten And for default of such Issue then to the use of the said R. VV. and D. and of the Heirs of the Body of the said R. and D. between them lawfully begotten and for default of such Issue then to the right Heirs of the said R. VV. for ever In witness c. An Indenture of Demise of divers Lands c. in consideration of a sum of Money paying a Pepper-corn yearly THis Indenture made the third day of May 1649. c. between Sir T. B. of D. in the County of c. Knight and Baronet and M. H. of D. aforesaid Gentleman Servant to the faid Sir T. B. of the one part and Sir W. T. of C. in the County of N. Knight of the other part Witnesseth That the said Sir T. B. and M. H. as well for and in consideration of the sum of c. of lawful money of England to them in hand paid before the ensealing and delivery hereof by the said Sir W. T. whereof and wherewith the said Sir T. B. doth acknowledge himself satisfied contented and paid and thereof and of every part and parcel thereof doth acquir and discharge the said Sir W. T. his Heirs Executors and Administrators and every of them by these presents as also for divers other good Causes and Considerations them hereunto moving Have demised granted and to farm-letten and by these presents do demise grant and to farm-let unto the said Sir W. T. his Executors Administrators and Assigns all those several Closes or parcels of Land Meadow Pasture and Arable called or known by their several Names following That is to say one Close or parcel of Ground called D. containing by estimation c. Acres be the same more or less and one other Close or parcel of Land called E. containing by estimation c. Acres be the same more or less And one Close or parcel of L. and called C. containing by estimation c. Acres be the same more or less c. All and singular which said Closes and parcels of Lands are scituate lying and being within the Fields Parishes Precincts and Territories of H. alias H. in the County of L. and are part and parcel or reputed and taken to be part or parcel of the Mannor of H. alias H. aforesaid And also all singular Messuages Tenements Buildings Orchards Gardens Commons Common of Pasture Waters Fishings Woods Underwoods Trees Bushes Fences Free-boards Wayes Easements and all other Rights Jurisdictions Priviledges Franchises Liberties Profits Conditions Emoluments and Hereditaments whatsoever growing arising being coming or issuing in upon or out of the premises and every part and parcel thereof or to the same or any part thereof belonging or appertaining To have and to hold all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their Rights Members and Appurtenances unto the said Sir W. T. his Executors Administrators and Assigns from the first day of May last past before the date hereof unto the full end and term of One thousand years from thence next immediately ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir T. B. his Heirs or Assigns one Pepper-corn at the Feast of Saint Michael the Arch-angel only if the same be lawfully demanded And the said Sir T. B. and M. H. for them their Heirs and Assigns do joyntly and severally covenant grant and agree to and with the said Sir W.
as aforesaid that then one Recognizance in the manner of a Statute-staple bearing date c. taken and knowledged c. wherein the said F. M. standeth bound to the said I.M. in the sum of c. shall be utterly void and of none effect In witness c. An Assignment of an Extent upon a Statute THis Indenture made the c. between T.O. of c. of the one party and Sir L.L. of c. and L.B. of c. of the other party witnesseth That whereas T.R. of c. R.R. of c. and R.B. of c. by their Recognizance in the nature of a Statute Staple bearing date the c. taken and acknowledged before c. did acknowledge themselves to owe to the said T. O. the sum of c. payable as in and by the said Statute or Recognizance more at large appeareth And whereas also certain Writs of Extent bearing date the c. in the c. were awarded out of the Court of Chancery being directed to the then Sheriff of the County of York by vertue of which Writ so directed into the County of York the same then Sheriff did extend all that the Mannor or Capital Messuage c. in the c. and divers Lands Tenements c. as in and by an Inquisition thereof had and taken by the said Sheriff at R. in the County of York aforesaid bearing the c. then last past annexed to the said Writ of Extent and remaining of Record in the High Court of Chancery more at large it doth and may appear And whereas also afterward Sir M.W. Knight then Sheriff of the said County of York by vertue of a Writ of Liberate likewise directed to the said Sheriff hath delivered possession and seizin of the said Mannor or Capital Messuage and of and in divers Lands Tenements Meadows Feedings and Pastures with their appurtenances in M. aforesaid in the said County of York c. unto the said T. O. to have and to hold the said recited premisses in the said Writ mentioned unto him the said T. O. and his Assigns as his Free-hold untill the said debt of c. with costs charges and damages should be of the said Mannor Lands and Tenements so extended and delivered should be paid as in and by the said Writ of Liberate remaining of Record in the High Court of Chancery more at large appeareth Now this Indenture further witnesseth That the said T. O. for and in consideration of a competent summe of good and lawful money of England to him in hand at and before the ensealing and delivery of these presents by the said Sir R. L. and L. B. well and truly contented and paid whereof and wherewith he acknowledgeth himself fully satisfied and paid and thereof and of every part and parcel thereof doth clearly quit exonerate and discharge the said Sir R. L. and L. B. their Heirs Executors Administrators and every of them for ever by these presents hath given granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely give grant bargain sell assign set over unto the said Sir R.L. and L.B. their executors administrators and assigns all the estate right title interest property claim and demand whatsoever which he the said T.O. now hath or had or may might or ought to have of in or to the said Mannor or Capital Messuage Lands Tenements Hereditaments and Premisses in M. aforesaid and of in and to the moiety c. and of in and to every part parcel thereof with the appurtenances by force and vertue of the said extent inquisition and Liberate aforesaid and every or any of them or in them or any of them contained to have and to hold occupy possess receive take and enjoy the said Mannor of M. the said moiety of c. and all and singular other the premisses before mentioned with their appurtenances together with all rents issues profits commodities and advantages thereof whatsoever unto the said Sir R.L. and L.B. their Heirs and Assigns to the only proper use and behoof of them the said Sir R.L. and L. B. their Heirs and Assigns for ever for and during the term and continuance of the said Extent untill the said sum of c. with the costs damages and charges be out of the said Mannor and other the premisses extended as aforesaid fully satisfied contented and paid as is aforesaid In witness c. A Condition for finding Apparel for an Apprentice by his Friends THe Condition That whereas J. R. Son of the within-bound E. R. by his Indenture of Apprentiship bearing date c. last past before the date within-written hath put himself Apprentice to the within-named H. S. to the Art which he now useth and with him to serve and dwell after the manner of an Apprentice from the day of the date of the same Indenture for and during the term of eight years from thence next ensuing and fully to be compleat and ended as by the same Indenture may appear And whereas it is intended and agreed upon by and between the said E. R. and H. S. that he the said E. R. his Executors or Administrators or some of them shall from time to time and at all times during the said term of eight years find and provide to and for the said J. K. good sufficient and necessary Rayment and Apparel as Doublet Hose Shooes Stockings Shirts Bands Cloak Hat and all things needful and convenient for such an Apprentice If therefore the said E. R. his Executors Administrators or Assigns do and shall yearly and every year at or before the Feast of Easter during all the said term of c. find and provide to and for the said J. R. such sufficient Rayment and Apparel as aforesaid and at all other time and times needful during all the said term or otherwise in default thereof well and truly pay or cause to be paid unto the said H. S. his executors administrators and assigns at or in c. the sum of 3 l. 6 sh 8 d. of c. for and towards the said Apparel on or before the said Feast-day of the Ascension of our Saviour in every year yearly during the said term without fraud or coven that then this c. A Condition for Money given by Will to be lent gratis THe Condition c. That whereas A.B. c. by his last Will and Testament bearing date c. did give and bequeath unto the Parson and Church-wardens of the Parish of c. the sum of c. to be lent unto young men of the said Parish upon sufficient Sureties for two years gratis and so from two years to two years to some other young men of the same Parish by 10 l. a man without paying any consideration for the same as by the same Will more at large may appear of which said sum of c. the within-bound W.L. the day of the date within-written hath had and received 10 l.
being shall and will upon all and every the presentment and presentments thereof make set and impose upon every such Tenant and Tenants and Inhabitants so withdrawing and not doing his or their suit or suits of Mill to the said Mill or Mills such lawful or reasonable Fine and Fines Amerciament and Amerciaments from time to time as in such case is lawful and usual and the same fine or Amerciament so imposed shall receive or levy being so recited or levied pay and deliver the same or so much thereof as the said T. A. his c. shall be prejudiced or damnified by reason of such withdrawing as aforesaid unto the said T.A. his c. And lastly the said Sir T.C. and D. for them their c. do covenant promise and grant to and with the said c. by these presents that the said T.A. his c. and every of them for and under the payment of the said yearly rent of c. above by these presents reserved in manner and form aforesaid and performing fulfilling and keeping singular the Covenants grants articles clauses and agreements before in these presents contained which on his and their parts are and ought to be observed performed sufilled and kept shall and may lawfully peaceably and quietly have hold occupy possess and enjoy all and singular the said demised premisses and every part and parcel thereof with their and every of their appurtenances without lawful let sute trouble eviction ejection molestation or interruption whatsoever of them the said T.C. and D or either of them their or either of their Heirs or Assigns or any of them or any other person or persons whatsoever claiming or to clam from by or under him her them or any of them or for or by reason of his her their or any either of their acts titles means assent consent or procurement In witness c. A singular Obligation from one to one KNow all men by these presents That I.A. B. of the Parish of D. in the County of E. Husbandman do stand and am firmly bounden and obliged to F.G. of H. in the County of E. Yeoman in the sum of fifty and one pounds and ten shillings of good and lawful money of England to be paid to the said F.G. or his true and lawful Atturney Executors or Administrators to the which payment well faithfully truly to be paid I do bind me my Heirs Executors and Administrators firmly by these presents sealed with my seal Dated the fifth day of October in the Year of our Lord God One thousand six hundred fifty and one An Obligation from two to one KNow all men by these presents That we A. B. of the Parish of C. in the County E. Gentleman and F.G. of the Parish of H. in the County aforesaid Esq do stand and are firmly bounden and oblieged unto Sir H. I. of the Parish of K. in the said County of E. Knight in the sum of One hundred and three pounds of good and lawful money of England to be paid to the said Sir H.I. or his true or lawful Attorney Executors and Administrators to the which payment well and truly to be made we bind our selves and either of us by himself joyntly and severally for the whole and in the whole our and either of our Heirs Executors and Administrators and every of them firmly by these presents sealed with our seals Dated the tenth day of September in the Year of our Lord God One thousand six hundred fifty and one An Obligation from three to one KNow all men by these presents That we A.B. of C. in the County of D. Widow E.F. of G. in the said County single-woman H. I. of G. aforesaid in the said County Mercer do stand and are firmly bound and obliged unto K L. Citizen and Merchant adventurer of London in the sum of 400 l. of good and lawful money of England to be paid to the said K. L. or his true lawful Attorny Executors and Administrators to the which payment well and truly to be made we do bind us and every and either of us joyntly and severally for and in the whole our and every and either of our Heirs Executors and Administrators and every of them firmly by these presents sealed with our seals Dated the fifteenth day of October in the year of our Lord God One thousand six hundred fifty and one A Condition for Replevying Goods WHereas the above-named G.S. by vertue of his office as Steward or Clerk of the Mannor c. upon several Complaints and Allegations of the above-bound T.H. hath granted forth several precepts for the replevying of divers and sundry of the Goods and Chattels c. detained by one c. Now therefore the Condition c. that if the said c. do with effect prosecute the action which he hath commenced against the said c. concerning the said Goods and shall also make due return of the same if return by Law shall be adjudged and him the said G. S. from time to time and at all times hereafter do and shall save defend and keep harmless and indempnified against all men concerning the said Goods and Chattels and the several Replevies granted That then c. A Condition to pay the moity of the Debt when itshall be received WHereas E.B. of c. by one obligation bearing date the c. reciting the Bond and whereas the moity or one half-part of the said sum of c. is due and payable unto the within-named c. as money by him lent unto the said F. and whereas the said c. before the ensealing of the same recited Obligation did consent and agree that the said Obligation should be made only in the name of the said T.L. and the said T.L. to give his Obligation to the said R. G. for the same moity or half-part of the said debt Now if the said T.L. his c. or any of them do well and truly pay unto the said R. his c. the sum of c. at or in c. being the moity of the said c. on the c. or with as much convenient speed as he the said T. his c. can or may next after he or they or any of them shall have received the said sum of c. in the condition of c. specified with such interest as shall be due for the moity thereof And if the said sum of c. shall not be paid at one entire payment on the said c. according to the condition of the Obligation then if the said his c. do and shall well and truly pay unto the said c. his c. without any delay the moity of such part thereof as he or they shall or may receive from time to time c. that then c. Articles of agreement intended made concluded and fully agreed upon the 10 day of c. between E.M. of c. and R.A. of London Merchant c. WHereas
the said E.M. the day of the date hereof hath freely given and delivered unto the said R.A. the sum of c. to the intent and purpose that he the said R.A. shall accept and take into his service to be imployed in merchandizing affairs W.M. son of her the said E. M in consideration whereof but more especially at her request and of the affection that the said R.A. beareth to the said W.M. he the said R.A. is contented and agreed to accept and take the said W.M. to be his servant in merchandizing affairs and other businesses and accordingly to imploy him therein not only in England but in the parts beyond the Seas where the said R. A. now tradeth or hereafter shall trade and that for the terme or space of Seven years to be accompted from c. next ensuing the date of these presents c. and thereupon the said E.M. for her self her executors and administrators doth covenant and grant to and with the said R.A. his c by these presents that the aforesaid W.M. her son shall during all the said term if he so long live well diligently faithfully to the uttermost of his power and skil serve him the said R.A. in the Trade of merchanding and other his affairs at such place or places either beyond the Seas or on this side where the said R.A. shall design and appoint him and with out absenting himself out of his said service or imployment or neglecting the same that he the said W.M. at all times hereafter during the said term shall from time to time not only receive and take into his charge and custody all and every such goods and merchandizes whatsoever as by or for the use or account of the said R.A. shall be consigned or sent to him the said W.M. but also sell utter and dispose of the same goods or merchandizes to the most profit he can for the said R.A. his c. shall also from time to time and at all times during the said term follow and perform all and every such advice directions orders and Commissions as the said R.A. shall by Letter of advice or otherwise give send or make known to him the said W.M. in about or concerning the Factory or Merchandizing aforesaid and also that he the said W.M. shall at the charges of the said R.A. his c. provide and keep in due orderly manner books of Accompt touching his said employments in Merchandizing as aforesaid according to the custom of Merchants in such cases used and shall deal justly truly plainly faithfully to and with the said R.A. his c. in all and every his accompts reckonings bargains buying selling doings and dealings in and about his said employment in merchandizing as aforesaid and shall from time to time once in every six months or oftener transmit and send unto the said R.A. his c. true accompts and reckonings of all the businesses and dealings of the said W M. in the premisses and shall also send Letters of advice of the said R A. so often as conveniently he may or can of all matters and occurrences that shall necessarily arise concerning his service or imployment and shall also return and come to England and bring all his books of accompts with him whensoever he shall be thereunto advised and required by the said R.A. his c. by Letters missive or otherwise and that the said W.M. shall from time to time upon every reasonable request not only shew forth all his books of accompts concerning all his doings and dealings as aforesaid and make and give unto the said R.A. his c. a just true plain and perfect accompt and reckoning in writing of for and concerning all and every such goods wares money debts and Merchandizes whatsoever as well of the said R.A. for his own proper use or joyntly with any others which shall hereafter come to the hands charge or factory of him the said W.M. or for which he the said W. M may or ought to be accomptable unto the said R.A. his c. And moreover that he the said W M. shall within c. next after the making and giving up every such accompt as aforesaid well and truly satisfie pay and deliver unto the said R.A. his c. all every such goods wares monies debts merchandizes specialties and other things whatsoever as by or upon the foot of the same account shall appear of be found to be due coming or belonging to him the said R. A. his c. by or from the said W.M. in any manner of wise Item the said E.M. for her self c. doth covenant promise and agree to and with the said R.A. his c. by these presents that she the said E.M. her c. at her and their own proper costs and charges shall and will find provide and allow unto and for her said Son decent and fitting linnen woollen and all other apparrel of all sorts fitting for him in his service and employment during the said term Item the said R.A. doth covenant c. to find and provide unto the said c. competent and fitting meat drink washing and lodging and all other necessaries apparel only excepted during all the said term In witness c. Bonds must be entred into for performance of the Articles aforesaid The End of the Second Book PART III. A Deed for the Revoking of a Bargain and Sale if so much meney be paid THis Indenture made c. in the Fourteenth year of the Reign of our Soveraign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Anno Dom. 1662. between Sir I. S. of c. of the one part and I. C. c. of the other part whereas the said I. C. by his Deed indented under his hand and seal bearing date c. for the consideration therein mentioned did alien bargain sell enfeoff and confirm unto the said Sir I. S. and his heirs All that the Mannor and Lordship of G. in the County of c. with all the rights members and appurtenances thereunto belonging together with all such other things as in the said Deed are expressed and contained as thereby doth and may more fully appear Now witnesseth this present Indenture and the said Sir I. for himself his Executors Administrators and Assigns and for every of them doth Covenant promise and grant to and with the said I. C. his Heirs Executors Administrators and Assigns and every of them by these presents that if the said I. C. his Heirs Executors c. shall pay c. unto the said Sir I. S. c. the sum of c. that then the said Deed of Bargain Sale shall be void frustrate and of none effect or force in the Law to all intents and purposes And that then also the said Sir I. S. his Executors c. immediatly after the payment of the said sum of 2392 l. to the said
and written out at the costs and charges of the said Sir R. D. his heirs and assigns All which said Writings and Evidences the said R. H. doth hereby covenant for him his heirs and assigns to and with the said Sir R. D. his heirs and assigns to deliver unto him the said Sir R. D. his heirs or assigns at or before the Feast of St. J. the Apostle next ensuing the date hereof safe whole uncancelled and undefaced To have and to hold the said Mannor or Lordship Advowson Rectory Chantrey Messuages Tenements Farm Lands Meadows Pastures Hereditaments and all other the premisses with their and every of their appurtenances unto the said Sir R. D. his heirs and assigns to the only c. And the said R. H. for himself c. doth Covenant c. That he the said R. H. now is and at the time of the first executing of an estate of the said Mannor and premisses by force of these presents unto the said Sir R. D. shall be lawfully and absolutely seized in his Demesne Seized in see-simple as of Fee-simple to him and his heirs of and in the said Mannor Messuages Lands Tenements Advowson Hereditaments and Premisses with their appurtenances without any manner of Condition or Limitation of any Use of Uses to alter change determine or make void the same and without any Reversion or Remainder thereof or of any part thereof in his Kings Majesty his Heirs or Successors being made or limited by the said R. H. or I. H. his Uncle deceased whose heir the said R. H. now is And that he now hath and then shall have good right full power and lawful Power to Alien and lawful and absolute authority to grant bargain sell and convey the said Mannor Lands and all other the premisses with the appurtenances unto the said Sir R. D. his heirs and assigns according to the true intent and meaning of these presents notwithstanding any Act had made done or suffered by the said R. H. or the said I. H. his said Uncle or either of them And that the said Mannor Messuages Lands Advowson and all other the premisses with their and every of their appurtenance Freed from Incumbrances now are and so shall and may for ever hereafter remain continue and be unto the said Sir R. D. his heirs and assigns free and freely and clear and clearly acquitted exonerated and discharged of and from all and all manner of former and other Gifts Grants Leases Joyntures Dowers Uses Wills Intails Annuities Statutes-Merchant and of the Staple Recognizances Bonds Judgements Executions Extents Seizures Condemnations Rents arrerages of rents Intrusions Forfeitures Mortgages Fines for Alienation without licence Debts of Record Debts to his Majesties Estate Tithes Troubles Charges and Incumbrances whatsoever had made committed done or suffered by him the said R. H. or by his Assent Consent Act means or procurement or by J. H. his said Uncle or either of them An Exception of Leases One Lease for the term of 20 years to be accounted from the Feast of the Annuntiation of of our Lady St. Mary the Virgin in the year of our Lord God c. of parcell of the premisses made by the said R. H. to one I. D. wherein the yearly rent of Nine pounds is reserved One other Lease for the term of 22. years to be accounted from the Feast of St. M. in the Eighteenth year of the Reign of our late Soveraign Lord King James over England c. of other parcel of the premisses made by the said R. H. to one C. O. and whereupon the yearly Rent of 20 l. is reserved One other Lease c. All which said several Rents shall from henceforth be due and payable to the said Sir R.D. his heirs and assigns during the several and respective terms aforesaid And further The said R. H. and I.H. for themselves Govenant for quiet enjoying c. do Covenant c. with the said Sir R. D. c. That he the said Sir R.D. his heirs and assigns and every of them shall and may for ever hereafter quietly and peaceably have hold occupy possesse and enjoy the said M. Farm Advowson Lands and Premisses with their and every of their appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of them the said R. H. and I. H. o● either of them their or either of their heirs or Assigns or any 〈◊〉 them And without the lawful Let Suit Trouble Denial Molestation Interruption or Eviction of all and every other person 〈◊〉 persons whatsoever lawfully claiming by from or under the● the said R. H. and I. H. or either of them their or either of the estate right or title or by from or under I. H. deceased Uncl● of he said R. H. except before excepted And also that they th● said R. H. and I. H. parties to these presents and either of them For further assurance their and either of the● heirs and assigns and M. now the wife o● the said R.H. and every of them shall and will from time to time and at all times hereafter c. And it is hereby declared concluded c. That all Fines Feoffments Recoveries and all other assurances whatsoever had made levied suffered or executed to be had made levied suffered or executed by or between the said parties to these presents or any of them of the said M. and premisses or of any of them shall be and enure and hereby and by all the parties to these presents are agreed to be and enure To the only proper use and behoof of the said Sir R. D. and of his c. and to none other use intent or purpose whatsoever In witnesse c. Sir Alex. D. being seized of the Mannor of B. in Corn. O. for life with Remainder to his first Son and his heirs with Remainder to his second Son and so to the tenth Son sell the Mannor-House and half the Lands to Sir T.R. which to secure settles the Mannor of C. by the Collateral Deed and Bargain and Sale ut sequitur THis Indenture made the day of c. between Sir A.L. on the one part and Sir T.R. on the other part Whereas the said Sir T.R. at the ensealing and delivery of these presents hath paid unto the said Sir A.D. the Sum of 2000 l. of currant money of England in Consideration whereof the said Sir A. D. Dame M. his wife and the heirs of the said Sir A. are to convey and assure unto the said Sir T.R. his heirs and assigns All that the Mansion-house and Capital Messuage of the said Sir A.D. with all Houses Edifices Barns Stables Buildings Yards Orchards and Gardens with their and every of their appurtenances situate lying and being in G. B. in the County of O. And also all Trees Furzes Woods and Under-woods with their and every of their appurtenances st●nd●ng growing lying and being in all or any the Closes and parcels of ground herein after
particularly expressed and also all Waters Fishings and Fish-ponds being in or between the same and the moity of all other Waters adjoyning and next to the same now or late in the possession of the said Sir A. D. situate lying and being in G. B. aforesaid in the said County of O. And also all that Close c. reciting the particulars with the buttalls and boundalls 〈◊〉 And also all usual Wayes Easements Profits and Commodities to all and singular the premisses and to every part and parcel thereof belonging or in any wise appertaining And all and singular the Tythes which at any time hereafter may arise or grow due out of all or any the premisses aforesaid All and singular which premisses are situate lying and being in the Parish of G. B. aforesaid in the said County of O. Together also with all the Wayes and Passages now or at any time within the space of three years last past used or occupied unto or with the premisses or any part thereof for the said Sir T.R. his heirs and assigns and for his and their Servants Cattle and Carriages in and through any other the grounds of the said Sir A. D. in G. B. aforesaid unto the premisses and every of them intended to be conveyed and assured as aforesaid In which conveyances and assurances to be made of the premisses in manner and form aforesaid there are to be excepted to and for the said Sir A. D. his heirs and assigns Lessees Farmors and Under-tenants and all his and their Servants and all others by his and their appointment necessary and convenient wayes and passages in and through all or any the premisses to be conveyed as aforesaid unto and from all or any the Closes and Grounds of the said Sir A. D. situate in B. aforesaid not to be conveyed unto the said Sir T. R. aforesaid Now this Indenture witnesseth That for the quiet enjoying of all and singular the before mentioned premisses with their and every of their appurtenances unto the said Sir T. R. his heirs and assigns and for and in consideration of the Summe of 5 s. of currant money of England in hand paid by the said Sir T. R. unto the said Sir A. D. that the said Sir A. D. hath granted bargained sold enfeoffed and confirmed and by these presents doth grant bargain sell enfeoffe and confirm unto the said Sir T. B. his heirs and assigns for ever All that his Mannor of C. with the appurtenances in the Parish of P. or elsewhere in the said County of B. And all Messuages Closes Lands Meadows Pastures Woods and Hereditaments with their and every of their appurtenances of the said Sir A. D. scituate lying and being in the Town Hamlets Fields and Precincts of C. and P. aforesaid or in either of them in the said County of B. And also the Reversion and Reversions Remainder and Remainders of the said Mannor of C. and of all and singular the premisses with their appurtenances hereby intended to be granted bargained and sold And also all the estate right title interest claim and demand whatsoever of him the said Sir A. D of in and to the said M. of C. with the appurtenances and all other the premisses before by these presents mentioned to be granted bargained or sold with the appurtenances and of in and to every part and parcel thereof And also all Deeds Evidences and Writings touching or concerning the afore-bargained premisses only or only any part or parcel thereof To have and to hold the said M. of C. with the appurtenances and all and singular the afore by these presents bargained premisses with their appurtenances and the Reversion and Reversions Remainder and Remainders of the same and all the estate right title and interest of the said Sir A. D. of in and to the same and all Writings only concerning the same or only any part of the same unto the said Sir T.R. his heirs and assigns To the only c. And the said Sir A. D. for himself his c. doth Covenant c. That for and notwithstanding any act or thing by the said Sir A. D. or by Sir T.D. Knight deceased late Father of the said Sir A.D. done or suffered to the contrary he the said Sir A.D. now at the time of the ensealing and delivery of these presents is the true rightful and lawful Owner of the said M. of C. and of all and singular the afore-bargained premisses with the appurtenances and of the same and of every part of the same is lawfully seized in his Demeasne as of Fee-simple without any manner of Reversion or Remainder thereof or of any part thereof in his Kings Majesty that now is his Heirs or Successors or in any other person or persons whatsoever And also that he the said Sir T.R. his heirs and assigns for and notwithstanding any act or thing by the said Sir A.D. or by Sir T.D. Knight deceased as aforesaid done or suffered to the contrary shall and may from henceforth for ever hereafter lawfully quietly and peaceably have hold occupy possesse and enjoy the said M. of C. and all and singular the afore-bargained premisses with their appurtenances clearly acquitted exonerated and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Mortgages Leases Feoffments Joyntures Dowers Statutes Recognizances Rents Judgments Condemnations Executions Liveries Ousterlemains Issues Amerciaments Respites of Homage and of and from all other titles troubles charges estates and incumbrances whatsoever heretofore had made committed caused or done or hereafter to be had made committed caused or done by the said Sir A. D. and the said Sir T. D. or by either of them or by any other person or persons whatsoever lawfully having or claiming to have any estate right title and interest by from or under the said Sir T.D. and Sir A. D. or either of them or the heirs or assigns o● them or either of them The Joynture for the life of Dame M. D. now wife of the said Sir A. and one Lease for about six years to come heretofore made to J. B. at the yearly Rent of 30 l. per annum And one other Lease made to O. F. for about one year yet to come at the Rent of 100 l. per annum And one other Lease c. only excepted And further That he the said A D. his heirs and assigns and all and every other person and persons lawfully having or claiming to have by from or under them or any of them any estate right title or interest whatsoever of in or to the said Mannor of C. and other the afore by these presents bargained premisses or of in or to any part or parcel of the same shall and will at all times hereafter at or upon the reasonable request and at the only and proper costs and charges of the said Sir T.R. his heirs and assigns a Covenant pro future Ass so that the said assurance or assurances contain no further