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

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Deputation in a Licence to transport cloath continuable till the Deputy shall have levied a certaine debt to him owing by the Constitutor TO all the Queens Majesties Customers Comptrollers Surveyors Serchers Officers of her highnesse Ports Creeks and passages and to all other to whom these presents shall come C. Lord H. of E. Knight of the order of the Garter sendeth greeting whereas heretofore our Soveraign Lady the Queen by her Letters Patents under the great Seal of England bearing date at Westminster the second day of this present July hath given and granted licence power and authority to me the said C. Lord H. mine Executors Administrators or Assignes whatsoever aswell Englishmen as strangers borne being made denizens and not made denizens and every of them That I and they by my selfe or themselves or by mine or their or any of their Factors Deputies or Assignes aswell Englishmen as Strangers borne or any of them whatsoever during the space of three years next insuing after the date of the said Letters Patents shall and may lawfully provide and buy or cause to be provided and bought with mine or their or any of their owne proper goods or the goods of any other and for mine or their or any of their owne proper use or for the use of any other the number and quantity of foure thousand broad woollen cloathes or kersies answerable to the same accounting three kersies for one broad cloath aswell of such sorts of cloath as be commonly called Kentish cloath or Suffolk cloath or of any other sort whatsoever and aswell white as coloured cloathes or kersies And the same foure thousand broad woollen cloathes or kersies answerable to the same to be accounted after the rate aforesaid and every parcell thereof un-wrought and un-dressed within this Realme That is to say not rowed barbed first coursed and shorne or otherwise wrought and dressed or un wrought and un-dressed and being white or otherwise coloured in any Ship or Ships Vessell or Vessells being of her Majesties Realmes and Dominions or appertaining to her Freinds or Confederates whatsoever when and as often as to me or them or to mine or their Attornies Factors Assignes or Deputies Englishmen Denizens or Strangers borne whatsoever or any of them it shall seeme good at one or divers times within the said time of three yeares in any Port or Ports of this Realme of England to lade or ship and the same from thence into any the Ports of beyond the Seas then being in league and amity with her Majestie to transport send convey ship and carry over or cause c. there to be sold disposed or uttered unrowed unbarked not first coursed and un-shorne or otherwise at mine and their will and pleasure and to mine and their most benefit and advantage paying unto her Majesty her heirs or successors at the full end of two years next after the transportation of any of the said cloathes or kersies for the customes subsidies and imposts all and singular dueties whatsoever to her Majesty her heir or successors therefore by any meanes due or to be due such sums of money as Merchants meere Englishmen borne and Citizens of her City of London to her Majestie her Heires and Successors for the like Merchandize out of the said Realme to the parts of beyond the Seas to be transported do or are bound or have been accustomed or be ordered to pay and not more or otherwise without any molestation paine forfeiture or losse to be therefore had sustained incurred paid or borne by me or them or any of them against her Majesty her Heires or Successors or any person or persons bodies politique or corporate to be demanded sued for or recovered thereof and without any manner of let interruption or disturbance of any person or persons whatsoever and also without any speciall licence or dispensation to be had therefore under the great seal of Eng. Any thing contained in the Statutes recited in the Letters Patents aforesaid or in any of them or in any other Act Statute Ordinance Provision Proclamation Imposition Restraint or thing before the date of the said Letters Patents or hereafter to be had or made to the contrary thereof in any wise notwithstanding As in and by the said Letters Patents containing divers other Articles Covenants Appointments Grants and Authorities plainly and at large will appeare Know ye that I the said C. Lord H. have made ordained and constituted and by these presents do make c. R. Y. of the City of L. Grocer my Attorny Factor and Deputy to provide and buy or cause c. the said number and quantity of foure thousand broad woollen cloathes or kersires answerable to the same as aforesaid or any part of them or any of them and the same or any part or parcell thereof in any such Ship or Ships Vessell or Vessells as aforesaid when and as often as to him his Attornies Factors or Assignes it shall seem good at any time within the said terme of three yeares in any port or ports of this Realme of England to lade or ship and the same from this Realme of England into any the ports beyond the Seas then being in league and amity with her Majesty To transport send convey ship and carry over or cause c. there to be sold disposed or uttered at the will and pleasure of my said Attorney Factor and Deputy to my most benefit and advantage and in such and so large absolute and ample manner and forme as I my selfe by vertue of the said Letters Patents or by warrant of any other or further authority or licence to be had or procured by meanes of any thing specified in the said Letters patents may or can do Giving and granting by these presents to my said Factor and Attorny my full and whole power and authority for me and in my name to doe procure knowledge and require and cause c. all manner of thing and things whatsoever that I my selfe by vertue or warrant of the said Letters Patents or of any thing therein contained can may or might do procure knowledge and require or could or might have done procured knowledged or required or otherwise have caused to be done c. if these presents had not been made ratifying and allowing for me mine Executors Administrators and Assignes all and whatsoever my said Factor and Deputy and his Attornies Factors and Deputies shall do or cause to be done in the Premisses or any part thereof by these presents And forasmuch as I the said C. Lord H. have had and taken up before hand of the said R. Y. the summe of nine hundred pounds of lawfull c. whereof c. I the said C. Lord H. for and in consideration of satisfying againe and recompensing of the said nine hundred pounds to the said R. Y. his Executors and Administrators for me mine Executors c. do covenant c. to and with c. That this present Letter of Attorny
of the said merchants goods merchandizes there end finish her said intended voyage the perrils and dangers of the Seas excepted And the said ship shall tarry and Spend at Nantz the Island of Saint Michael Terceras and Fyall for her severall discharges and reladings there as afore mentioned during the space of threescore working daies at Harbour And the said I. C. or the master of the said Ship for the time being shall at all and every of the said places receive a note or notes in writing to be made and given by the said A. C his executors Factors or assig certifying therein how many daies the said ship shall have tatried at every severall place afore mentioned and if the said note or notes be not so given by the said merchant his factor or assignes then the master shall or may make protest And the said A. C. for him his executors administ doth covenant promise grant to and with the said I. C. his executors administrators and assignes by these presents That the said A. C. his heires executors administ Factors or assignes shall and will not only within the said 60. daies afore limited lade relade discharg aboard and out of the said Ship at Nantz Saint Michael Terceras and Fyall as is particularly afore herein mentioned which goods and Merchandizes usually and accustomary to be landen at the same place or places And after notice of the arrivall of the said Ship unto Falmouth Plymouth Dartmouth or the Isle of Weight shall within six daies limited give order direction unto the said J. C. or the master of the said ship for the time being whether the said Ship shall saile unto Averdegrace Amsterdam or to the Port of this City of L. to make there right discharge And shall at such place to be appointed discharge the said goods and Merchandizes out of the said Ship within ten dayes after the arrivall of the said Ship at such appointed place of discharge as aforesaid but also shall and will well and truly pay or cause to be paid to the said J C. his Executors administrators or assignes Freight for the said Ship at and after the rate of four pounds of lawfull money of England per Tonn for every tonn of goods and merchandizes accounting three Chests of Sugars to a Tonn two thowsand pounds of Tobacco one and twenty Quintalles of wood Portugal weight to a Tonn and for other goods or Merchandizes according to the usuall custome and all such moneys as so shall arise and grow due to be paid for the Freight or hire of the said Ship as afore mentioned shall be satisfied and payed unto the said J. C. his Executors administ or assignes within three dayes next after the discharge of the said Ship at Haverdegrace or Amsterdam which of them shall be appointed as aforesaid And the same monies to be paid also according to the course of the exchange at such place to be appointed as aforesaid And in case the said Ship shall be discharged at L. by the order and direction as aforesaid Then the same moneyes to arise and grow due at the said rate of Fowre pounds per Tonn as aforesaid shall be truly paid unto the said J. C. his executors administrators or assignes in L. within three daies next after such discharge of the said Ship at L. as aforesaid And further it is agreed by and between the said parties to these presents that in case the said A C. his executors Factors or assignes shall not fully lade the said ship upon her return from the said voyage Yet neverthelesse the said A. C. his executors or administrators shall well and truly pay or cause to be paid unto the said J. C his executors or assignes at and after the rate of Foure pounds of lawfull money of England Per tonn for so many Tons as the said Ship can or may carry by measure within 3. dayes after the last discharge to be made by the said Ship in the said voyage together with averidg accustomed And it is agreed that all Port charges that shall arise and grow due to be paid from the said Ship for the said intended voyage shall be satisfied and paid in this manner viz. Two third parts thereof by the said A. C. his Factors or assignes and the other third part thereof by the said J. C. his executors or assignes And further it is agreed that the said A. C. his Executors or assignes shall truly satisfie and pay or cause to be payd unto the said I. C. the sum of five pounds sterling to buy him a Hat Provided alwaies and it is agreed by and between the said parties to these presents that it shall and may be lawfull to and for the said A. C. his executors Factors or assignes or any of them to keep the said ship at Demoridge at Nants Saint Michael Terceras and Fyall afore mentioned during the space of thirty dayes and no more if need shall require after rhe expiration of the said threescore dayes afore limited for the stay of the said Ship at Nants S Michael Terceras and Fyall afore mentioned for every day of which demoridge the said A. C. his executors Factors or assignes shall well and truly pay or cause to be payd unto the said J. C. his executors administ or assignes the summe of three pounds of Lawfull money of England Per day for every day the said Ship shall be so occasioned to stay as aforesaid after the expiration of the said threescore dayes afore limited and the same moneys to arise and grow due for demeridge to be paid as it shall grow due any thing aforesaid to the contrary notwithstanding And moreover it is agreed by and between the said parties to these presents that the sayd A. C. his executors Factors or assignes shall will pay or cause to be paid unto the said I. C. his executors or assignes all such summe and Summes of money as he or they shall have occasion for at the Island of S. Michael Terceras and Fyall so that the same moneys do not exceed the Summe of threscore Millrees at most which is to be deducted out of such Freight as shall grow due as aforesaid And it is agreed by and between the said parties to these presents That the Master shall not lade any goods aboard the said Ship for any other Merchant only the Master or his company shall have Five Tunns for their own use without allowance for the same if occasion shall require And further it is agreed by and between the said parties to these presents That the said A. C. his executors Factors or assignes at his their owne costs charges at every-Port and Place where the said Ship shall arive shall provid demudge Bulke-heads Deales and Nailes and other necessaries in case any corn or grain shall be laden aboard the said Ship in the said voyage And further it is agreed by and between the said parties to these presents that
in case the said Ship by default of the said merchant his Factors or assignes shall be dispatched from Nants S. Michael Terceras and Fyall aforesaid within the sayd threscore dayes afore limitted and thirty dayes at Demoridge as afore mentioned that then it shall and may be lawfull for the Master of the said Ship to retourn with the said Ship to L. the Merchant paying Frait as aforesaid And the said J. C. for him his executors administ doth covenant Promise and grant to and with the said A. C. his executors and assignes by these presents that the said Ship at the time of her departure from and out of the said river of Thames upon her intended voyage shall be strong and sufficiently victualed tackled furnished and apparrelled with Masts Sales yards anchors Cables Rops Cords boate oares twelve peeces of Ordinance guns gunpowder Shot tackle apparrell amunition and furniture meet and needfull for the said Ship and voyage together with the aforesaid Master and Twenty men and boyes which men and boyes or so many of them as shall be needfull shall be ready at all due times with the boat of the said Ship and shall serve and carry the said merchant his Factors or assignes or any of them to and from Land during the said voyage And to the performance of all and singular the covenants grants articles payments agreements and all other things afore herein contayned by and on the part and behalfe of the said I. C. his executors or administrators or any of them to be paid don and performed as aforesaid the said J. C. bindeth himself his Executors and administrators and espcially the said Ship with her Freight tackle and apparrell unto the said A. C. his executors administrators and assignes in the summe or penalty of two thowsand pounds of Lawfull money of England truly to be payd by these presents And likewise to the performance of all and singular the covenants grants articles payment agreements and all other things afore herein contayned by and on the part and behalfe of the said A. C. his executors Administrators Factors or assignes or any of them to be payd don and performed as ●foresaid the s●id A. C. bindeth himself his executors Administrators and goods unto the said I. C. his executors administrators and assignes in the like summe or penalty of two thousand pounds of like lawfull money of England truly to be payd by these presents In Witnesse c A Charter Party IN the name of God Amen This Charter party Indented a fraighment made the 15. of May Anno 1657. Between L.T. and W. L. Partowners of the good Ship called the L. of London of the burthen of 100 tonns or thereabouts now ryding at an anchor in the River of Thames within the Port of this City of London of which Ship the said W. L. is Commander under God on the one part and R. M of London Merchant on the other part Witnesseth That the said Partowners have granted and letten to freight the said Ship unto the said Merchant by the month for and during the term or space of twelve moneths certaine to begin and to be accompted from the departure of the said Ship from Gravesend outwards bound upon her present intended voyage at and for the rate and price of two hundred and ten pounds of lawfull money of England per month and for such and so long time after the expiration of the said twelve moneths not exceeding twelve moneths more as it shall please the said Merchant his factors or assignes to keep the said Ship in his service and imployment at and for the like rate and price of two hundred and ten pounds of lawfull money of England per moneth And so after the same rate and price for a lesser time then a moneth accounting the months as they shall fall out in the Callendar and that the said Merchant hath accordingly levied the said Ship by the month at the rate and price aforesaid for a voyage by Gods assistance to be made with her as is hereafter mentioned That is to say the said Partowners for themselves their Executors and Administrators do covenant grant and agree joyntly and severally to and with the said Merchant his Executors Administrators and Assignes by these presents That the said Ship upon or before the twentieth day of June now next ensuing wind and weather permitting shall be ready and fitting to set sail and depart from hence upon her said intended voyage as wind and weather will permit the dangers of the Seas excepted shall directly sail and applie unto such parts and places within and without the Streights of Gibralter where the said Ship may safely arrive and lawfully trade not exceeding the Latitude of thirty degrees and further to the Southward as the said Merchant his Factors or Assignes shall direct order and appoint And that the said Ship the perils and dangers of the Seas excepted shall end her voyage in the Port of London And further that the said Ship before her departure from hence and during the time that she shall be in the service and imployment of the said Merchant his Factors or Assignes by vertue hereof shall lade receive and take into her and also discharge and un-lade out of her all such Goods Merchandizes and lading which she may conveniently stow and carry in her over and above her victualls tackle and apparrell as the said Merchant his Factors or Assignes shall think fit to lade and put into her or discharge and un-lade out of her and the said Merchant for him his Executors and Administrators doth covenant and grant to and with the said Partowners and either of them their and either of their Executors Administrators and Assignes by these presents That he the said Merchant his Factors or Assignes shall and will permit and suffer the said Ship with her ordinance tackle and apparrell to be safely returned in the River of Thames from the said voyage and be there discharged from and out of her said intended imployment at the expiration of twenty foure moneths to be accounted from the time of the said Ships entrance into her monthly pay as aforesaid the perills and dangers of the Seas and necessary use and wearing of her tackle and apparrell and furniture in the meane time only excepted And further that the said Merchant his Executors Administrators and Assignes shall and will well and truly pay or cause to be paid unto the said Part-owners or either of them their or either of their Executors or Assignes in London fraight for the said Ship for the said intended voyage at and after the aforesaid rate of two hundred and ten pounds of lawfull money aforesaid monthly for every month that the said Ship shall remaine and be in the service and imployment of the said Merchant his Factors or Assignes by vertue hereof And also after the same rate for a shorter time then a moneth that is to say from the time of the said Ships entrance into her
ten daies directly Saile from G. aforesaid unto Lushborne in the realme of Portugall as nigh the same town as she may safely arive to make her right discharge where the said Ship shall tarry and abide by the space of 45. daies next ensuing her first arrivall there at an Anchor aswell to discharge such goods received into her within the sayd Port of London and at G aforesaid As also to recharg and receive into her 140 Tunns in all such goods wares merchandizes as it shall please the sayd Merchant his Factors or assignes there within the sayd 45. daies to lade into the sayd Ship before her departure Provided alwayes and it is agreed between the said parties to these presents And the said owners and Master do covenant and grant for them their execut and administrators and every of them by these presents to and with the sayd Merchant his Executors assignes That if the said Merchant his Factors or assignes cannot within the sayd 45. dayes lade the sayd Ship at Lushborne aforesaid That then the said Ship shall tarry and abide at Lishborne aforesaid by the space of 15. dayes next after the expiration of the sayd 45. dayes and that the said Ship being as above at Lushborne aforesaid laden shall with the first good wind and weather that God shall send therunto most apt and convenyent next after the expiration of the said abiding daies or so soon as she shall be laden directly Saile from thence to Andwerp or London to such of the same places where it shall please the sayd Merchant his Factors or Assigns that the sayd Ship shall make her Port of discharge In consideration whereof the said Merchant for him his executors Factors and assignes and for every of them doth covenant and grant by these presents to and with the said owners and master their executors administ and assignes that the said Merchant his execut or assignes shall will aswell within the said Port of London and G. as at Lushborne aforesaid within every of the said limited abiding dayes aswell discharge the sayd Ship as recharge and lade into her 140. Tonnes of whatsoever goods or merchandizes reckoning and accounting two Pipes for a Tonne foure Hogesheads for a Tonne three Puncheons for a Tonne 6. Tertians for a Tonne 22. Kintales di of the weight of Andolozia for a Tonne and of bags of Spices and Chests of Sugar according to the use of merchants and merchandizes And also that he the said merchant his Factors or assignes shall within the said abiding dayes at Lushborne aforesaid or so soon as the sayd Ship shall be there as above laden give their notice unto the sayd master or his assignes whether the sayd Ship shall make her right discharge at Andwerp or London And also that he the sayd Merchant his Factors or assignes shall and will truly pay or cause c. unto the said owners or to one of them their executors or assignes for every Tonne of the sayd Ships lading that shall be discharged or unladen at London aforesaid 50 s. of Lawfull money of England the one halfe thereof within 6. dayes next after the right discharge of the same Ship at London foresayd and the other halfe thereof within one moneth next ensuing the expiration of the said 6. daies together with petty lodeminage Primage and Average there wont and accustomed after the use and custome of English Ships And also all such charges and duties of 3. d. upon the Tonne as shall be due to be paid towards the reparations at Dover-haven of this Realme according to a Statute in that behalfe Provided And also that he the said merchant his Factors or assignes shall truly pay or cause to be paid c. to the said owners or their assignes freight for every Tonn of the said Ships lading from Lushborne aforesaid that shall be discharged at Andwerpe aforesaid 56 s 8 d. of good and Lawfull money of England or the just value thereof in money there currant the one halfe thereof within six daies next ensuing the right discharge of the said Ship at Andwerpe aforesaid and the other halfe thereof within one moneth next ensuing the expiration of the said six daies together with pety lodeminage Primage and average there wont and accustomed after the use and custome of english Ships And moreover that the said Merchant his Factors or assignes shall and will for every day that the said Ship shall tarry as above at Lushborne aforesaid over and above the sayd 45. daies there truly pay or cause to be paid c. to the said master or his assignes 6. Duckers money there currant without fraud or guile And the said owners and master doth covenant grant and warrant by these presents that the said Ship shall be able to receive into her upper hatches at Lushborne aforesaid over and besides her victuall tackle and aparell the said quantity of 140. Tunnes And that the said Ship is and shall be strong and staunch and well and sufficiently victualed Tackled aparrelled and furnished with Masts Sailes saile yards Anchors cables rops cords Guns gunpowder shot artilery tackle aparell boate and furniture meet and decent for such a Ship and for such a voyage together with an able master 26. able men and a boy which men and boy shall be ready at all times convenient during the said voyage with the cock or boate of the said Ship to serve the said Merchant his Factors or assignes to and from land And to all and singular covenants grants and articles above expressed which on the behalfe of the said owners and master and every of them are well and truly to be kept and performed in all things as above the said owners and master binde themselves their executors and administrators and every of of them and especially the Ship aforesaid with the Freight tackle and aparell of the same unto the said Merchant and to his Executors and Administrators in the penalty and summe of foure hundred pounds of c. truly to be paid by these presents And in like manner to all and singular covenants grants articles and agreements above expressed which on the behalfe of the said Merchant his Factors and assignes and every of them are truly c. the said Merchant bindeth himselfe his executors administrators and goods and every of them unto the said owners and to their executors and administrators in the like penalty and summe of foure hundred pounds of c. truly to be paid by these presents In witnesse whereof the parties aforesaid to these Charter parties indented interchangeably have set their seales Dated c. Another Condition for delivery of Tinne THe Condition c. That if he the within bound A. B. his c. Doe well and truly deliver or cause c. to the within named c. his Executors c. to his or their owne proper use and behoof for ever on the first day of the next Midsomer delivery of Tinne at T. in the County of
by the Indenture aforesayd and the Covenants therein specified which shall from henceforth grow due to be payd and performed That then c. A Condition to make a Voyage to Venice and from thence to return with expedition THe Condition c. That whereas the within named E R hath undertaken to make a Voyage in his own person into the City of Venice If the said E. do as well enter upon the sayd Voyage on this side the tenth day of September next c. and do continue in the same Voyage untill he attain unto the same City and do personally enter into the same City before the twentieth day of Novem then next following except by vehement sicknesse or diseases of his body he be letted to the contrary As also do from thence return into the Realm of England with all convenient expedition as the health of his body will suffer And there shew himself at the now Mansion house of the sayd R M in London within twenty dayes next after his return into the said Realm of England That then c. A Condition where two having taken an Administration during a Minority each is bound to save harmlesse the other of that shall come to his hands THe condition c. That where the within bound W L and the within named W S have the administration of the Goods and Chattells of W K of London C. deceased to them committed during the minority of I K Son and sole Executor of the last Will and Testament of the sayd W K By reason whereof since the same Administration committed sundry summes of money and other the Goods late pertaining to the sayd W K have come to their hands and much more of the residue of the Goods Chattells Debts and money which were of the sayd W K are likely to be received recovered and gotten by the sayd W L and W S for which they are and shall stand charged to answer and account for If the said W L. his Executors and Administrators from time to time hereafter as he or they shall be required do and shall yeild and make a full perfect and true reck●ning and account to the sayd I his Executors and Assignes and to all and every such other person or persons as he or they shall appoint in that behalf of and for all such and as much of the sayd Goods Chattells Debts and money as already are or afore or between any such account making shall be had received or medled withall by the sayd W his Executors Administrators or Assignes And do also from time to time and at all times hereafter well and sufficiently discharge or save and keep harmlesse the said W. S. his Executors and Administrators and all and every other person and persons of and for all and singular such and as much of the sayd Goods Chattells money and debts as are or shall come to the hands or possession of the sayd W his Exeeutors Administrators or Assignes and were due appertaining owing or belonging to the sayd W K in his life time That then c. A Condition upon a Letter of Attorney for recovery of didivers debts with a clause that the Constitutor shall shew his Book to prove them Recitall of the Letter of Attorney THe Condition c. That whereas the within bound T. C. hath made his Warrant of Attorny of the date within written to the within named T. L. enabling him to recover demand and receive and to detaine to his own use after the receipt all and singular summe and summes of money mentioned or specified in the Schedule annexed to the same Warrant of Attorney If the said T. C. his executors or administrators do not revoke countermand or repeale the said Warrant of Attorney Not to revoke or the power or authority thereby given or granted also if the said T. C. his executors or administrators shall not acquit Not to release the sums nor withdraw actions release discharge or exonerate at any time hereafter any of the said sums of money or withdraw dis-continue or make nonsuit any action or suit hereafter to be commenced or prosecuted by the said T. L. his executors or assignes for the recovery of the same summe or summes of money or any of them without the request of the same T. his executors or assignes Further if the said T. C. his executors and administrators do from time to time as request shall be to him or them reasonably made To avow actions do and shall aswell avow justly and suffer to be maintained in his or their name or names at the costs and charges of the said T. L. his executors or assignes all and every action and suit that the same T. L. his executors or assignes shall pursue or prosecute for or concerning any of the summe or summes of money aforesaid To shew Books to prove the debts as also for the better proof of the same to be true debts and better atchieving thereof do shall bring forth all and every the book and books of the said T. C. wherein the same debts or any of them be entred that the same may be shewed seen and delivered in evidence as often as occasion shall serve and also if the said T. C. have not acquited That the debts are not acquitted or received Or if any be received to recompence the same to the Obligee upon request The Obligee to enjoy the debts to his owne use released or received any of the said debts Or if any of them be received acquitted or released Then if the said T. C. his executors administrators or assignes upon probable proof to him or them offered and declared doe within foure dayes then next following pay and recompence to the said T. L. his executors or assignes the full and even value of all and every the same debts as so are acquited received or released and also if he the said T. L. his executors and assignes shall and may have hold and enjoy without any account to the same T. C. his executors or administrators all such of the said debts as shall be received or obtained by the said T. L. his executors or assignes That then c. A Condition for re-delivery of Silver wrought into Plate of such forme and fashion as shall be appointed THe Condition c. That if from time to time and at all times hereafter as often and when as any Silver shall be by the within named A. M. his servants or assignes delivered to the within bound I. H. or his assignes to the intent to be made and wrought into Plate the said I. H. or his assignes doe and shall well and truly re-deliver or cause c. unto the said A. or his assignes all and every the same Silver made and wrought into such forme and fashion as from time to time by the said A. or his servants or assignes shall be required or appointed and that at all times and from time to time within
within one day next after the same arrivall there the said Master or the said Owners or one of them or some of their agents Factors or Messengers shall signifie the said arrivall of the said Ship unto the said J. C. his Executors Administrators Factors or Assignes at the now dwelling house of the said J. C. in Dublin aforesaid And then and there shall be ready to deliver all the Salt in the said Ship which shall be fifty five Tonnes at the least after foure Burdeaux Hogsheads to every Tonne in measuring to be once shaken and then being full to be stricken off And that the said Owners their agents Factors or assignes shall then in forme aforesaid make true plaine and undelayed delivery of all the Salt to be brought in the said Ship into the said port of D. unto the said I. C. his c. of and from aboord the said Ship into their Loyters to be brought and laid close aboord the same Ship all the same Salt then being freed and cleered of and from all manner of former charges of what manner or sort soever For and in consideration of which said Bargain Covenants and agreements so made by the said Owners to and with the said I. in form aforesaid The said J. C. for him c. doth covenant c. to and with the said Owners their Executors Administrators Factors and Assignes and every of them by these presents That upon notice given to the said I. C. his c of the safe arrivall of the good Ship aforesaid in the Port of D. he the said J his Executors c. shall and will be ready to take and receive her said Lading of Salt with all reasonable and convenient expedition and within ten daies next after the receit thereof upon reasonable request shall at the said dwelling house of c. pay and content or upon good and true account according to the tenor and true meaning of these presents shall allow to the said Owners their Factors or assignes then shillings of c. for every Hogshead of the said Salt to be delivered to the said J. C. his c. as aforesaid for and in consideration of which said Covenants Grants and agreements truly to be kept and performed and in part of payment for the said Salt the said I. C. now at the ensealing and delivery of these presents hath before hand contented and paid to the said Owners a hundred pounds of c. so to be reckoned and accounted upon at the delivery of the said Salt which said summe of a hundred pounds they the said Owners do acknowledge by these presents that they have had and received accordingly and thereof and therefore do cleerly discharge and acquit the said I. C. his Executors Administrators Factors and assignes and every of them by these presents If the Ship or Goods miscarry in the Voyage then the hundred pounds repayable at a time and place certain c. In Witnesse c. A Covenant where one having sold Land the Vendee may distrain of other Land of the Vendors for tithe to be recovered against the Vendee in respect of the Land sold THis Indenture c. Between E B. of E. c. on the one part and R.L. of c. on the other part witnesseth That whereas heretofore the said E.P. and H. P. his Son and Heire apparant have bargained and sold to the said R. his Heires and assignes for ever all that close of Meadow-ground called c. containing c. And also all those two parts in three parts divided of all that field called c. As by the Indentures thereof made between the said E. and H. on the one part and the said R. on the other part bearing date c. more plainly and at large may and will appeare The said E.P. for him his Heires Executors and Administrators and every of them doth covenant and grant to and with the said R. his Heires Executors Administrators and Assignes and every of them by these presents That when and as often as he the said R. his Heires or assignes shall at any time hereafter be constrained or compelled by any order of Law spirituall or temporall either to pay tithe or any summe of monie for the Premisses bargained by the said former Indentures or any part or parcell thereof or else to pay unto the Parson or Proprietary of M. Minister and Vicar there or either of them his or their Successors or assignes any summe or summes of money in recompence for the same tithe that then and so often it shall be lawfull unto the said R. L. his Heires and assignes into the Mannor of E. with the appurtenances in the said County of L. and into all other the Lands Tenements and Hereditaments of the said E. P. in M. aforesaid and into every part and parcell thereof to enter and distrain for such summe or summes of monie as the said tithe of the said above bargained Premisses doth or shall amount unto or then shall be esteemed to be worth or for such summe or summes of monie as the said R. his Heires or assignes shall be compelled by order of Law to pay unto the said parson proprietary and Vicar his or their Successors or Assignes for and in recompence of the same Tithe together with his or their reasonable costs and charges in suits of the Law had and sustained in and about the same And the Distresse and Distresses then and there so taken lawfully and quietly to beare lead drive and carry away And the same to detaine imparke and keep untill the said summe or summes of money which the said R. his Heires or Assignes shall be so compelled to pay as aforesaid Together with his and their costs and charges in Law as is aforesaid shall be to the said R. his Heires or assignes fully satisfied and paid A Covenant by E. P. That if during his and R. L. his life he shall be minded to sell the Mannor of S. R. L. shall have the preferment thereof before another In witnesse c. Mr. Fuller Consultor Assignments An Assignment of a Licence to transport Wooll for satisfaction of a debt due to the Assignee with covenant that if the Assignee levy not his debt by a day the Assignor will pay it THis Indenture c. Between Sir F. W. Knight one of her Majesties principall Secretaries on the one party And C. H. Governour of the Fellowship of the Merchant Adventurers of England on the other part Witnesseth that whereas our said Soveraign Lady the Queens Majestie by her Graces Letters Patents under her great Seal of England bearing date c. Hath granted and given licence power and authority unto the said Sir F. W. by the name of her well beloved Servant F. W. and to his Assigne and Assignes Deputies and Factors whatsoever and to every of them that they and every of them shall and may at his and their will liberties and pleasure at all times from thenceforth and
every such further act and acts thing and things assurance and assurances in the Law with warranty onely of the said A. the elder against him and his heires or otherwise without warranty As by the said H. and E. their Heires or Assignes or their learned Councell shall be reasonably devised or advised for the further better and more perfect assurance surety and sure making of all and singular the Premisses with their Appurtenances to be had and made sure onely to the severall uses and behoofs above mentioned In witnesse c. An Indenture of Covenants between the Fathers of a man and woman to be marryed where each covenanteth to assure them Land and money of equall quantity by a day and where each is to allow them more Land a peece at their decease THis Indenture c. Between T. W. of B. in the County of S. Clothier on the one part And M. W. of K. in the County of W. Clothier on the one part witnesseth Thet for and in consideration of marriage to be had solemnised and consumnate between R.W. Son and Heire of the said M and E. W. eldest Daughter of the said R. W. It is covenanted granted concluded and agreed between the said parties to these Presents in manner and forme following That is to say Consideration of marriage The said M. for him his heires Executors and Administrators doth covenant and grant to and with the said T. W. his Executors and Administrators by these Presents That the said R W. by Gods favour shall marry and take to his wife the said E. W. and her espouse wed according to the law of God and use of the Church of England Each of the fathers covenant that the children shall marry by a day on this side the first day of May which shall be in the year of our Lord God c. If the same E. will thereunto agree And in like manner the said T. W. for him c. doth covenant with the said M c. that the said E. W. by Gods favour shall marry and take to her Husband the said R. W. and him espouse and wed according to the Law and use aforesaid on this side and before the first day of May which shall be c. if the said R. will thereunto agree And in further Consideration of the said marriage so betwixt the said R. and E. to be had and consumate as aforesaid The said M. for himselfe his Heires Executors and Administrators doth further covenant grant and promise to with the said T. his Ex. and Adm. by these Presents in manner and forme following that is to say The husbands Father covenanteth to assure Land by a day That he the said M. on this side the first day of May above named shall and will at his own charges and expences make and execute or cause to be made and executed to the said R. and E. and to the Heires of the said R. or to some other person or persons and their heires such estate and conveyance or estates and conveyances of Lands Tenements and Hereditaments in the County of G. to the clear yearly value of twenty pounds above all reprises and whereof the said M. at the time of the making and executing of the said estates and conveyances shall be lawfully seised in his demesne as of fee simple so as by force of the same estates and conveyances of the said R. and E. immediatly from and after the time of their said enter marriage shall and may lawfully have and hold all the said Lands Tenements and Hereditaments and take the yearly profits thereof of the clear yearly value aforesaid To uses to the onely use of the same R. and E. for and during tht terme of their naturall lives and the terme of the naturall life of the longer liver of them And so as after the decease of the said R. and E. the said Lands Tenements or Hereditaments by force of the said Estates or Conveyances shall or may lawfully descend and come to the heirs of the body of the same R. lawfully to be begotten And for lack of such issue the same Lands Tenements and Hereditaments to revert to the said M. W. and to the right heires of the same M. for ever without any condition in or upon any of the said estates or conveyances to be made to the contrary in any wise And that at the time of the making and executing of the estates and conveyances aforesaid Discharge of Incumbrances the said Lands Tenements and Hereditaments shall be and from thenceforth shall contiue from time to time at all times to the said R. and E. and to the heires of the body of the same R. cleare and free discharged and acquitted or saved harmlesse from all former estates titles conveyances grants charges and encumbrances whatsoever had made or agreed unto or to be had made or agreed unto by the said M.W. which shall or in any wise may be prejudiciall to the said estates and conveyances to be made to the uses above specified or to the clear yearly value abovesaid And further that the said M.W. at the time of his decease if the said R. W. his Son or any issue of his body of the body of the said E. lawfully to be begotten shall then be living The Father to convey other Lands at his decease shall and will over and above the Premisses leave other Lands Tenements and Hereditaments whereof the said M in his life time by good conveyance in the Law shall be seised in his demesne as of fee simple which also shall be and may reasonably continue of the clear yearly value of other twenty pounds above all yearly rents and reprises and whereof the said M. in his life time shall have made and conveyed such estates and conveyances as that by due course and force of the Lawes of this Realme the said Lands Tenements and Hereditaments of the said clear yearly value of twenty pounds and clear and free from all former grants estates charges and encumbrances made done or knowledged or to be made done or knowledged by the said M. W. and M his wife or by either of them shall immediatly by and after the decease of the said M. and M. his wife lawfully and rightfully descend come and fall to the said R. and E. and to the Survivor of them and to the Heires of the body of the same R. to the onely use and behoof of the said R. and E. and of the Survivor of them for the terme of their naturall lives and the terme of the naturall life of the longer liver of them and after their deceases to the use of the heires of the body of the said R. lawfully to be begotten The Reversion of the Premisses to be to the right heires of the said M. for ever And moreover that he the said M. his Exec. or Adm. at the day of the solemnization of the said marriage between the said R.
and E. shall and will freely give and pay to the said R. one hundred pounds in ready currant money of England The Husbands Father at the marriage to give 100 l. in money and in like manner for the consideration aforesaid the said T. W. for him his Executors and Administrators doth covenant grant and promise to and with the said M. W. his Exec. and Adm. by these presents in manner and forme following That is to say That he the said T. W. on this side the said first day above named shall and will at his own charges and expences make and execute or cause c. to the said R. and E. or to some other person persons The wives father to assure Lands such estate conveyance or estates and conveyances of Lands Tenements and Hereditaments in the County of c. to the clear yearly value of 20 l. above all reprises And whereof the said T. at the time of the making and executing of the said estates and conveyances shall be lawfully seised in his demesne as of Fee-simple So as by force of the same Estates and Conveyances of the said R. E. immediatly from and after the time Vses c. word for word as on the part of M. W. onely changeable in this that this Land is to come to the womans heirs and the reversion to the said T. And further that the said T. W. at the time of his decease shall and will over and above the Premisses leave other Lands Tenements And to give money at the marriage and Hereditaments c. as the said M. hath before covenanted c. And a clause for payment of a hundred pounds at marriage as the said M. also hath covenanted In witnesse c. An Indenture of Covenants amongst divers interessed for safe custody of a Grand Lease An Indenture Quinque party THe Indenture quinque partite made c. between I.S. of D in the County of W. Gent. on the first part W.N. of London Esquire on the second part F.M. Gent. on the third part I G of D. aforesaid Gent. on the fourth part and the Wardens and Commonalty of the Mystery of M. of the City of L. on the fifth part Recitall of the date and Lease of the Bishop of W. made to her Majesty witnesseth That whereas the Reverend Father in God I Bishop of W. by his Indenture of Lease bearing Date the fourth day of December now last past before the date of these presents hath demised granted and to farm letten unto our said Soveraign Lady the Queen diverse Messuages Lands Tenements Parkes Scites and parts of Mannors and other hereditaments with their appurtenances in the County of S. the particulars whereof and all writings made for or about the said Lease to her Majesty or any other from the said Bishop Schedules of the particulars c. in the said Lease of the Bishops to be annexed to these Quinque partite Indentures The necessity for the parties interessed to have the said Lease alway ready c. and from her Majesty for the assignment of the said Lease and premisses to the said I. S. are mentioned in severall Schedales to every part of these presents annexed and in the same Schedules is also expressed to how much of the premisses every of the said severall parties now are severally interessed and in what manner And forasmuch as it is necessary that the said originall Lease and writings aforesaid be alwaies ready to be shewed forth in defence and maintenance of the said severall interests of the said severall parties and their Assignes in and to the premisses as they are severally interessed to any part thereof And that the said J.S. from the beginning had those parts of the premisses mentioned in the said Schedules to be to the severall interests of the said W. N. F. M. and J G onely in trust for the severall behoofs of the said W.F. and J. and their severall Assignes and not otherwise I.S. but a man of trust in her Majesties assignment to him for the parties interessed in the Bissiops Lease The accord between the parties interessed to have the said Lease c. safely kept In a little Iron Chest with one Lock and every of the interessed to have a severall Key to it Therefore they the said J W F. and J. every of them for himself his Executors Administrators and Assignes have granted covenanted and agreed together and by these presents do c. in manner and forme following That is to say that as well the said originall Lease as all other the writings aforesaid in presence and sight of all the said parties shall be put up together into one little Iron Chest or Box to be closed with a good Lock unto which Lock shall be four several Keys whereof the said J.S. to have one the said W. N. to have another the said F. M. to have one other and the said I. G. the fourth And then the said Lease and Writings being so put up into such a Chest or Box the same presently to be locked and delivered to the said Wardens for the time with them and their Successors in their common Hall safely to be kept The said Chest to be in the custody of the Warden for the time being In what manner the said Wardens shall as occasion requireth suffer the said Lease of the Bishop to be shewed for the behoof of the parties interessed therein to and for the safegard and preservation of the severall interests of the said J. W. F. and I. and their severall Assignes in and to such severerall parts as they severally have or shall have of the premisses Neverthelesse the said parties interessed for them severally and their severall Assignes do grant appoint covenant and agree together and also give their full authority and Commission to the said Wardens and Comminalty and their Successors That as often as any of the said parties interessed or their Assigns shall have need in any Court of Record of her Majesty her Heires or Successors before her or their privy Councel or other authorised Commissioners to be assigned by her Majesty her Heires or Successors to shew forth the said Originall Indenture of Lease and Writings aforesaid or any of them that then and so often the said Wardens and their Successors by any of themselves or their Officer or Officers at the reasonable requests of any of the said parties interessed or their Assignes shall and may send the said Chest or Box into any such Court as aforesaid or before the said privy Councell or Commissioners as aforesaid there to be opened by the said interessed partie or his assignes And the said originall Lease and Writings or any of them then there to be read and seen as the case for defence or maintenance of the right of the said interessed or his assignes shall require And then presently there and in the same Court The said Lease to be