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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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A B and his assignes for the term and number of yeares before expressed Reserving unto us our heires and succssors the yearly rent now reserved upon the premises And with such other clauses and covenants as in like cases are used and accustomed and the same Lease fair written in parchment and by you subscribed to send to us to passe our Signature and Seals as appertaineth And these our Letters shall be your sufficient warrant and discharge in that behalf Given under our Signet at c. To our trusty and welbeloved Cosin and Counsellor the Earle of Dorset Lord high Treasurer of England and to our trusty and right welbeloved Councellors Sr. John Fortescue Knight Chansellor of our Dutchie of Lancaster and Sr. George Howme Knight Lord of Barwick Chancellor of our Exchequor The fees and Charges for passing a book of fifty pound per Annum in the Kings general sale at every Office c. TO Mr. Atturnie for his fees being 3 s. 4 d. in the pound 8 li. -6 s. -8 d. To his man for drawing and engrossing the book for every leafe of paper 2 s. Note if the Solicitor draw the Book his fee is 3 s -4 d in the pound and Mr. Atturny but 20 d. To his man for his paines viz. for ingrossing the book 20 s or 10 s. To Mr. Solicitor for his fees being 20 d in the pound 4 li. -3 s. -4 d. To his man for his pains in examining the book 20 s. At the Court To Mr. Windenbank for getting the Kings hand 40 s. To the Clarke of the Signet for the Fee of the Seal 3 li. -6 s. -8 d. To him for ingrossing every skin a peece 20 s. To his man for writing every skin a peece 10 s. Note that if the Patent be above fifty pound value then all these Fees are double To the Clark of the Privie Seal for the Fee thereof 2 s. -8 d. To himself and his man for writing every skin as for the Signet And if the book exceed the value then all the Fees double as before 30 s. To the Chamber keeper at Court voluntarily having no Fee allowed but in Courtesie 3 s -4 d. The Fees of the great Seal 2 li. -01 s. -8 d. The signing of the Docket 2 s. The divident and inrolement of every skin 40 s. The Seal examination and laces 5 s. The vellome and flourishing every skin 5 s. The Chafe wax 2 s. -6 d. To the Clark for writing every skin a peece 20 s. To Mr. Pitt the teller in the Exchequer for every acquittance of the first payment 12 d. for the second 2 s. To him for his certificate for the whole book 10 s. To his men then 05 s. For the Talley and Constat 7. s. To the Auditor of the rates for his certificate 10. s To his man then 5. s To Mr. Cartwright for his certificate for bonds to be taken for the woods 2. s The Charges at Mr. Osbornes office and Mr. Fanshawes office for suing out a bond entred for Wards in the sale In Mr. Osbornes office FOr the warrant and signing thereof 4. s For filing the warranty 1. s For making the commission 6. s. 8. d For the Master of the Office his fee 6. s. 8. d For inrolling the bond 6. s. 8. d For a copie of the bond 2. s In Mr. Fanshawes Office TO Mr. Fanshaw for his fee 7. s For entring the Judgment 3. s. 4. d To the Atturney and his Clerk 7. s. 8. d The Signet and the manner of passing thereof TO our wel beloved and faithful Counsellour c. greeting We command you that under our Privy Seal for the time being remaining in your custody you cause to be made our Letters to be directed to our Chancellour of England wee commanding him that under our great seale of England he cause to be made our Letters patents in forme following The King to all c. The Privy Seale JAMES by the Grace of God c. to our well beloved and faithfull Counsellour T. Lord Ellesmere our Chancellour of England greeting Wee command you that under our great Seale of England being in your custodie you cause to bee made our Letters Patents in form following The King c. The Privy Seale to the Chancellor of the Dutchy JAMES by the grace of God c. to our beloved and very faithfull Counsellour Jo. F. Knight Chancellour of our Dutchie of Lancaster greeting Wee command you that under our Seal of our said Dutchie being in your custodie you cause to be made our Letters patents in form following The King c. The charge of the Dutchy Seale The Chancellors fee for the Seale only for every Mannor that passeth is 8. l. 9. s. 4. d And for every quillet 40. s The charge for drawing are as to the Kings Attorney or Solicitor To Mr. Gerrard Clarke of the Dutchie for every Mannor or intire thing that passeth 7. li. For every quillet 40. s. A Letter of Atturnie to deliver a Lease upon the ground for triall of an Ejectment TO all Christian people c. I A B c. greeting c. Know yee that I the said A B have ordained constituted apointed and in my place put my trustie and well beloved in Christ C D and E F my true and lawfull atturnies jointly and severally for me and in my name and to my use to enter into all that cottage c. or into any part or parcel of the premisses in the name of the whole and possession thereof or of any part or parcell thereof in the name of the whole to my use to take and after such possession thereof or of any part thereof in the name of the whole so had and taken for me and in my name and as my deed to deliver unto G H of c. that part of an Indenture bearing date c. purporting to be made betweene me the said A B of the one party and the said G H of the other partie which is sealed with the seal and subscribed with the name of me the said A B. but not as yet delivered as my act and deed and purporting a demise to be thereby made of the premises by me the said A B unto the said G H for the term of certain years mentioned in the same Indenture And I the said A B doe by these presents Ratifie and allow all and whatsoever my said atturnies joyntly or either of them severally shall do or cause to be done in or about the premises In witnesse c. Forster Concil An indorsement upon the same MEmorandum that C D and E F by vertue of a letter of attorney to them made by the within named A B did the c. day of c. in the 44 year of c. enter into one close or parcel of land called or known by the name of c. parcell of the lands and tenements within mentioned in the name of the lands and tenements within mentioned and
become void or happen to fal to the Ordinary of that place and Diocess who for the time being shall institute and invest the person so nominated and presented into the said Parochiall Church of B and shall induct the person so presented into the real actual and corporal possession of the same Church with all the rights and appurtenances thereunto belonging and to doe and execute all other and singular things in that behalf necessary or any wayes requisite as fully freely and absolutely and in as large and ample manner for one turne and the next avoidance only of the same Church as I my self might or could do and execute if this my present gift or grant had not beene made And if it happen such gift of the said parish Church of B in respect perhaps of any former gift or grant thereof made or in any other manner without the fault or neglect of the said C and D. their executors administrators and assignes not to obtain his intended effect then and in such case I will grant That this my gift extend to the second and in the like case to the third and fourth avoidance of the said Parochiall Church of B. So that the right of patronage of the same Church shall not returne to me the said A B my heires executours or administrators until such person so nominated and presented by vertue and authority of these presents shall duly and effectually obtain and procure the lawfull and corporal possession of the said Church for one avoidance only In witnesse whereof c. A Gift of ones interest in an advowson TO all c. to whom c. reciting the gift as c. Know yee mee the said A B for divers good and reasonable causes and considerations mee in this behalf especially moving to have given granted and by this my present writing to have confirmed to my beloved in Christ C D. E F. and G H. Gentlemen jointly and to every of them severally and in the whole their executours and assignes the said first avoidance c. and the said writing and grant thereof made to me as aforesaid and all my right title claim interest and demand of and in the said rectory and parish Church of C for the said one turn and next avoidance only to have and enjoy the said rectory and all my right estate title interest and demand of and in the said c. joyntly and to every of them by himself severally and in the whole their executors and assigns when the same Rectory shall first and next happen to become void as fully and wholly as I my self by vertue and force of the said grant thereof to me made or by any other wayes or right have or might have the same In witnesse c. A Presentation by the King THe King c. To the Reverend Father in Christ W. by divine permission Bishop of _____ or in his absence to his Vicar generall in causes Ecclesiasticall sendeth greeting We present unto you our beloved A B Clerk to the parish Church of L. in your Diocesse now vacant by the death of the last Incumbent there and belonging unto our Gift in right of our Dutchie of Cornwall commanding you to admit the said A B to the said Church and to institute him Rector in the same with all the rights and appurtenances thereunto and that you will with favour doe and accomplish all other things with expedition which in this behalf do belong unto your pastorall function In witnesse c. Another Presentation by the King JAMES c. To the Reverend Father in Christ J. by Divine permission Bishop of H. or to his Vicar generall in Spiritualities or Commissary or to any one having power to receive this our Presentation Greeting We present unto you our beloved subject A B. Clerk to the Rectory and parochiall Church of C in your Diocesse now vacant and by full right belonging to Our Presentation and disposition commanding you to admit the said A B to the said Rectorie and to institute and invest him Rector in and to the same with all the rights and appurtenances thereunto and that you will with favour do and perform all such other things as in this behalf do belong to your pastorall Office hereby revoking all former Presentations to the said Rectory heretofore made by us In witnesse c. A Presentation by a common person to a parsonage TO the most Reverend Father in Christ and Lord M. by Divine grace Archbishop of York Primate and Metropolitan of England or to his Vicar generall in Spirituals Your humble and devout C D of c. true and undoubted Patron of the Rectorie and parish Church of L. in the countie of York sendeth greeting c. I present unto your most Reverend Father-hood my beloved in Christ G B Master of Arts to the said Rectorie and Church of L. in your Diocesse now by c. being vacant and by full right belonging to my Presentation and disposition humbly beseeching and devoutly requiring you to admit the same G B to the said Rectorie and parish Church and to institute and invest him Rector in and to the same with all the rights and appurtenances and that you will with favour doe and fulfill all other things which in this behalf appertain unto your Pastorall Office In witnesse c. A Confirmation from the King of a Presentation JAMES c. To whom these present Letters patents shall come Greeting Whereas the parish church of C. of the Diocesse of Coventry and Lichfield for divers months last past hath been and is full of the person of H S clerk Master in Arts by the presentation of A B Esquire late Patron of that church for one Turn onely as well by force of a certain Grant of the next avoydance by J S true Patron of that church as of Letters of Assignation in that behalf granted Know yee That Wee of our certain knowledg and meere motion and by our Regall and Ecclesiasticall Authoritie wherewith We are invested in as much as in Us is Have ratified confirmed and approved and for Us our Heirs and Successors by these presents do ratifie confirm and approve the said Presentation Institution and Induction of the said H S into the said church of C and the possession thereof and into all the right estate title presentation interest and demand of the said H S. of and in the premises and every part thereof And moreover We of our abundant grace certain knowledge and meer motion doe grant by these presents for Us our Heires and Successors to the said H S that hee during all his life may retain receive perceive leavie collect and to his proper use enjoy the said church and all issues profits fruits tithes oblations commodities and emoluments whatsoever thereout arising growing or renewing or belonging to them or any of them as lawfull Incumbent and Rector of the same Church notwithstanding any title of presentation to the said church devolved or
thereupon built which now are and usually heretofore have bin demised with the same as belonging to the same as shall amount to the yearly value of 1500 l. per an or thereabouts Provided that the same be not parcell of the possessions of the Dutchie of Cornwal or belonging to the Manor of Lanceston in the county of Cornw. or belonging to the Manor of c. in the countie of Denbigh These are therefore to will and require you to make forth and send unto us fair written in parchment under your hands such and so many particulars within your severall offices as shall amount unto the said yearly value of 1500 li. per an in Mils with their lands and appurtenances as the said Contractors or any for them shall from time to time come to require the same and that you certifie to us what number and quantitie of acres belongeth to every such Mill and that you put into every particular if it be so required so many severall things as shall amount unto the sum of 6 l. 13 s. 4 d. so as the same several things do lie with one Audit taking only but one fee for the same particular as if it had been for one thing only And further we will and require you to permit and allow the said Contractors their deputies agents and assigns to have a sight of and to peruse all such your books and records as they shall have need or require for their better instruction and furtherance of their businesse in that behalf and withall that you forbear to make forth any particulars of any the mils or lands of that nature to any person or persons whatsoever for any lease or leases upon surrender or in reversion or for any grants in Fee farm or in Fee simple or otherwise but onely to and for the use of the said Contractors their agents and assignes for the supplying and filling up of the value of 1500 li per ann other then for the places before excepted Whereof fail you not as you tender his Majesties service and will answer the contrary at your perils To our loving Friends the Auditors of his Majesties Revenues within the survey of his Highness Excheque Dutchy of Lan. and to their sufficient Deputies in their absence and to every of them and to the Auditors of the Principality of VVales and Earldom of Chester and to all others his Majesties Officers of the said Courts A Letter of Atturney to take possession of a Patentee TO all Christian people to whom this present writing shall come G M and H L of London Esquires send Greeting c. Know ye that we the said G M and H L have made ordained constituted and in our stead and place have put and Authorized our well beloved I VV and S D and either of them our true sufficient and lawful Atturnies joyntly and severally to take and receive for us and in our names places and steads of R N A P T VV and J VV Atturnies for our Sovereign Lord the Kings Majestie authorized constituted and ordained joyntly and severally by his Highnes Letters patents bearing date c. under as well his Highness great Seale of England as under the Seal of his Majesties Dutchy of Lancaster or of some of them full and peaceable possession and seisin of and in the several Parks hereafter mentioned That is to say of and in the new Park of VVakefield in the County of York and of and in the Park of Hungerford with the appurtenances in the County of Berks and of and in the Park of VVicks with the appurtenances in the County of Essex and of and in all and singular the Parks houses buildings lands tenements meadows feedings pastures and hereditaments with their appurtenances which are mentioned to be given and granted in and by the said Letters patents of the Kings most excellent Majesty that now is to us the said G M and H L made Sealed as well with the great Seal of England as with the Seal of his Majesties Dutchey of Lancaster bearing date as in and by the same more at large appeareth Or of or in any part or parts parcel or parcels thereof in the name of all or as much thereof as they or either of them shall think good and Atturnment and Atturnments of the Farmors and Tenants of the said several Parks for life lives yeares or in Fee or otherwise and of every of them for and in our names places and steads to take and seisin of their or any of their rents and services or any of them to receive to and for us and our use according to the meaning of his most Excellent Majestie expressed in his Higness said Letters patents in and by which said Letters patents his Highnesse hath Authorized made ordained constituted and specially appointed the said Reignald N. A P. T VV and J VV and every of them as a foresaid his Highnesse true and lawful Atturnies joyntly and severally to enter for and in his Highnesse name into the said Parks and other the premises specified and expressed in the said Letters patents and possession thereof and of every or of any parcel thereof in his Highnesse name to take and after such possession and seisin so had to deliver for him and in his name to us the said G M and H L or either of us or to our certain Atturnie or Atturnies in that behalf full possession and seisin of and in the premises or any of them To have hold or enjoy the same to us the same G M and H L our c. according to the form effect of the said Letters patents thereof to us made holding firm and stable all and every act and thing whatsoever as our said Atturnies or any of them shal do in or about the premises by these presents In witnesse c. A Warrant from the King for a Lease in reversion RIght trustie and right welbeloved Cosin and Councellor and right trustie and welbeloved Councellors we greet you well Letting you wit that in consideration of the good and acceptable service heretofore done unto us by our welbeloved servant A B. We are contented and pleased to grant to him and his assignes a Lease in reversion for 21 yeares without fine of such and so much of our manors lands tenements and hereditaments as well within the survey of our Exchequer as of the Revenue of our Dutchie of Lancastar as together shall amount unto the clear yearely value of 100 li. or thereabouts Wherefore we will and command you that when our said servant or any other for him shall bring unto you any note or notes of any such our manors lands tenements or hereditaments usually letten or meet to be letten to the yearely value aforesaid or thereabouts ye give him meanes to have the just particulars thereof at the hands of our Auditors And thereupon cause a Book to be drawn in due form of Law concerning a Lease to be made by us to the said
Soveraign Lord the King his heirs and successors all such sums of money as the same woods and the soile thereof shall be surveyed unto and certificate by the surveyor of the woods That then c. To make an assurance of land THe Condition of this Recognizance is such That if the above bounden R L his executors c. do or shall on or before the second day of F. now next ensuing the date hereof at his or their own proper costs and charges make seal and deliver or cause to be made sealed and delivered unto the above named W G. his executors or assignes such a good lawfull and sufficient grant bargain sale and assignment of all such estate right title interest term of years possession reversion claim and demand whatsoever which the said R now hath or may might should or ought to have or can or may claim of in and to all that Farm c. with the appurtenances whatsoever called or known by the name of Wragby or by any other name or names whatsoever situate lying and being in W. in the countie of Y. and of and in every part and parcel thereof by force and vertue of the last Will and Testament of J L Gent. deceased father of the said K or by any other way means conveyance or assurance whatsoever or howsoever in such sort manner and form and with and under such covenants clauses warranties and agreements as by the said W G. his executors or assignes or his or their learned Councell in the Law shall be reasonably devised and advised or required That then c. A bond for non-residency THe Condition of this Obligation is such That whereas A B c. of c. in the countie of c. at the request of the within named C D. hath lately presented the within bounden E F to the Vicarage of c. If therefore the said E F doe and shall at all times hereafter be Resident in and upon the said Vicarage of c. and there personally read Divine service and diligently preach and administer the sacraments in decent and orderly manner according to the Lawes of this Realme for and during all such time as hee the said E F or his assignes shall enjoy the said Vicarage or receive the profits thereof And also if hee the said E F during such time as hee shall enjoy the said Vicarage doe and shall diligently teach and instruct within the Towne of c. in the said county of c. ●00 Scholers of the nomination of the said C D. and his heirs in all such manner of Grammer learning and other good Learning and Education as hee the said E F can or may to his uttermost endeavour do and perform and thereunto faithfully and diligently apply himself hee the said C D his heires or assignes paying him the said E F for teaching the same 00. Scholers in manner as aforesaid the summe of c. yearly That then c. An Indenture of Annuitie THis Indenture made the one and twentieth day of c. in the c. Between I S of Skipton in the countie of York Esquire of the one partie and Charles P. of London Esquire on the other partie Witnesseth That the said I S for and in consideration of the summ of c. to him before the ensealing and delivery of these presents well and truly contented and paid whereof and wherewith he the said I S doth acknowledg and confesse himself to be fully satified and thereof and of every part and parcell thereof doth clearly acquit and discharge the said C P. his heirs c. and every of them for ever by these presents Hath given granted and confirmed and by these presents doth give grant and confirm Grant for him and his heirs unto the said C P. his executors and assignes one Annuitie or yearly Rent charge of 200 pounds of lawfull money of England to be issuing and gowing out of all those the Mannors and Lordships of Staunton c. with all and singular their rights members and appurtenan es in the said Countie of York and out of all and singular messuages cottages houses edifices buildings barns stables orchards gardens lands tenements meadows feedings pastures commons moores marishes rents reversions services profits commodities emoluments and hereditaments whatsoever with the appurtenances to the said severall Mannors or any of them belonging or in any wise appertaining or as part parcell or member of the said Mannors or any of them had used reputed occupied or enjoyed And also out of all other the lands tenements and hereditaments whatsoever of the said I S. within the said Countie of York To have and to hold perceive receive and take the said Annuitie or yearly Rent-charge of c. unto the said C P. his executors and assignes from the day of the date of these presents for and during the full term and time of fortie yeares now next ensuing and fully to be complete and ended if the said C P and R P Esquire Nephew to the said C P or either of them shall so long live To be paid at four most usuall Feasts or terms in the year That is to say At the Feast of c. by even and equall portions at or in the Church porch of the Parish-church of c. The first payment thereof to begin on c. And the said J S. for himself his heires executors administrators and assignes A Covenant to pay forty shillings for every day after default of payment of the rent and to re-enter and for every of them doth covenant promise and grant to and with the said C P his c. that if it shall happen the said yearly rent of c. to be behind and unpaid in part or in all over or after any of the said Feast dayes in which the same ought to be paid being lawfully demanded by the true intent and meaning of these presents That then hee the said J S. his heires and assignes shall and will not onely forfeit and lose unto the said C P. his executors or assignes for and in the name of a pain or penaltie the sum of fortie shillings of lawfull money of England for every day that the same yearly rent shall happen to be behinde and unpaid in part or in all over or after any of the said Feast daies wherein the same ought to be paid as is before mentioned But also that it shall and may be lawfull to and for the said C P his executours and assignes And to and for every of them from time to time from and after everie of the said feast dayes wherein the said yearly rent or any part thereof should or ought to be paid as before is mentioned into all and singular the said Manors and into every of them and into all other the lands tenements and hereditaments to the said Mannors or any of them belonging and into all other the premisses with all and singular their appurtenances and