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A45253 The first part of the young clerks guide, or, An exact collection of choice English presidents according to the best forms now used for all sorts of indentures, letters of atturney, releases, conditions &c. very useful and necessary for all but chiefly for those that intend to follow the atturney's practice / compiled by R.F. ... : and revised by an able practitioner. Hutton, Richard, Sir, 1561?-1639. 1649 (1649) Wing H3842A; ESTC R31658 215,119 372

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said Closes and other the premisses then or late were in the tenure or occupation of the said M. his Assignee or Assignees and are scituate lying and being in Arlescot aforesaid in the said County of N. And also all other Messuages Houses Edifices Buildings Dove-houses Orchards Gardens Tenements Meadows Pastures Feedings Woods Under-woods Commons Wast-ground Moors Meadows Marshes Rents Reversions Services Profits Commodities and Hereditaments whatsoever of them the said M. C. and A. C. or either of them scituate lying and being in A. aforesaid and N. or in either of them in the said County of M. To have and to hold the said Mansion-house Closes of Meadow Pasture and errable and all and singular other the premisses with their and every of their appurtenances by the said Indenture of Lease demised or mentioned to be demised and every part and parcell thereof unto the said T. E. his Executors Administrators and Assignes from the Feast of c. then last past before the date of the same Indenture of Lease unto the full end and terme of c. from thence next ensuing and fully to be compleat and ended Yeilding and paying therefore yearly during the said Terme unto the said M. C. and A. his Wife and to the Heires and Assignes of the said M. One Pepper Corne only at the Feast of c. if the same shall be lawfully demanded as in and by the same Indenture of Lease amongst divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now this Indenture further witnesseth that the said T. E. for and under the proviso or condition hereafter in these presents mentioned and expressed hath bargained sold assigned and set over and by these presents doth fully clearly and absolutely bargain sell assigne and set over unto the said T. C. his heires and Assignes all the estate right title interest property possession terme of years Claim and demand whatsoever which he the said T. E. now hath may might should or in any wise ought to have or claim of in or to the said Mansion house closes of Land and other the premisses with the appurtenances by the said Indenture of Lease demised and in and to every or any part or parcell thereof by force and vertue of the said recited Indenture of Lease provided alwayes that if the said T. E. his Heires Executors Administrators or Assignes or some of them shall not well and truely pay or cause to be paid unto the said T. E. his Executors Administrators or Assigns the sum of c. without fraud c. That then this present Indenture and all and every Covenant Grant Article and Agreement therein contained shall be utterly void frustrate and of none effect any thing herein before specified to the contrary thereof in any wise notwithstanding In witnesse c. An Assignment of a Judgement with a Letter of Atturney therein inserted TO all Christian people to whom this present writing shall come we I. H. Clerke Parson of c. and Oliver Buck of c. son and Executors of I. B. late of c. Gentleman deceased send greeting Whereas there is a Judgement of 400. l. depending in the Court commonly called the Kings Bench at Westminster against E. S. of F c. Esq and R. S. of F. aforesaid Gentleman at the Suit of me the said I. H. and of the said I. B. Deceased as by the Record thereof remaining in the said Court of Kings Bench more at large may appear upon which Judgement there hath been Execution lately prosecuted and taken forth Now know ye that we the said I.H. and G. B for divers just causes and valuable considerations us hereunto especially moving Have granted transferred Assigned and set over and by these presents do clearly and absolutely Grant Transfer Assigne and set over unto Anthony H. of Lincolnes Inne in the County of Middlesex Gentleman his Executors Administrators and Assignes as well the said Judgement of 400. l. aforesaid as also all the Benefit Commoditie Sum and Sums of Money profit and advantages whatsoever that now is or hereafter shall be obtained or gotten by reason or meanes of the same Judgement of any Execution or Extent thereof or thereupon to be had sued executed or obtained And all the Estate Title Interest and Demand whatsoever which we the said I H. and O. B. or either of us have or ought to have or claime of in and to the said Judgement of 400. l. or any summe of Money Lands Tenements or other things which by vertue thereof or of any Execution Processe or proceedings thereupon sued shall be recovered obtained or gotten And further we the said I. H. and O. B. do by these presents make ordaine constitute authorize and appoint the said A. H. to be our true and lawfull Atturney for us and in our names or the name of either of us to Sue and Prosecute the Execution upon the said Judgement and upon satisfaction given of any other end Composition or Agreement made concerning the premisses to acknowledge satisfaction or to make and do any other Release discharge for the same and all and every other Actor Acts thing or things whatsoever as shall be requisite and needfull to be done in or about the premisses which we Covenant promise and grant to allow ratifie establish and confirme by these presents And we the said I. S. and O. B. for us and either of us our Executors and Administrators do covenant promise and grant to and with the said I. H. his Executors Administrators and Assignes by these presents in manner and forme following That is to say that neither the said I. B. in his life-time nor we the said I. H. and O. B. nor any of us have heretofore made done or committed any Release or other Discharge of the said Judgement or of any Extent or Execution which hath been thereupon Sued or Executed nor we the said I. H. and O. B. or either of us our Executors or Administrators at any time hereafter shall or will make commit or do any Release or other Act or thing whatsoever whereby the said Judgement or any Extent or Execution which hath been thereupon Sued or Executed or which shall be thereupon sued or executed at any time hereafter by the said A. H. or his Assigns shal be in any manner of wise hurt hindred disabled debarred or extinguished without the consent of the said A. H. his Executors or Assignes thereunto first had and obtained in writing under his or their hands and seals And further that we the said I. H. and O. B. our Executors Administrators and Assigns and every of us shall and wil at all times hereafter and from time to time upon request made and at the costs and charges of the said A. H. and his Assignes maintaine justifie allow and confirm all such lawfull actions suits processe Extents Executions and proceedings whatsoever as have been or hereafter shall be brought sued forth
in the Law shall be reasonably devised or advised and required In witnesse c. An Assignment of a Judgement THis Indenture made c. Between M. M. c. of the one part and R. T. c. on the other part Witnesseth That whereas the said M. M. hath recovered a Judgement in his Majesties Court of Common-Pleas at Westminster in Hillary Terme Anno. c. against E. G. for xx l. debt besides costs of suite as by the Records of the said Court more at large may apear Now the said M. M. for good considerations him moving hath bargained sold assigned and set over and by these presents doth bargain sel assign and set over unto the said R.T. his Executors c. as well the said Judgement and all and every sum and summes of money therein mentioned and contained As also all benefit and advantage which shall or may be had obtained or gotten by reason or means of the said Judgement or any processe or Execution thereupon to be had sued out or Executed To have and to hold the said Judgement summe and sums of money benefit advantage and other the premisses aforesaid unto the said R. T. his c. to his and their owne proper uses and behoofs in as ample manner as he the said M. M. his Executors or Assignes might or could have and enjoy the same if these presents had never been had or made and the said M. M. his Executors c. shall and will justifie maintaine and avow all and every lawfull act and thing that shall be done in or about the premisses without relasing or discharging the same So as there be no further benefit taken then only the due debt interest and charges And that all the benefit which shall be obtained or gotten upon the said Judgement shall wholly remaine and be unto the said R. T. his Executors c. to his and their own proper uses and behoofs without any accompt or other thing to be therefore yeilded or done unto the said M. M. his c. In witnesse c. An Assignment of an Annuity TO all Christian people c. I I. W. of c. Gentleman send greeting in our Lord God everlasting Whereas I. G. Citizen c. by his Deed Indented bearing date c. for the consideration therein mentioned did give grant and confirme unto me the said I.W. one Annuity or yearly Rent or pention of c. to be issuing going out of all and singular the Messuages or Tenements Lands and premisses of the said I.G. scituate and being in c. for the terme of the naturall life of me the said I. W. as in and by the said Deed indented amongst divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now know ye that I the said I. W. for good considerations me moving have assigned and set over and by these presents do assign and set over unto S.L. of c. the said Annuity or yearly pention of c. To have and to hold the said Annuity or yearly Rent of c. aforesaid unto the said S.L. and her assignes in as large and ample manner and forme as I the said I. W. may or ought to have and enjoy the same by force of the said Deed indented or any thing therein contained together with the said Deed indented In witnesse c. A Release from one used in Trust TO all Christian people c. R. M. of c. sendeth greeting in our Lord God everlasting Whereas C.G. and T. T. for and in consideration of a certain summe of money to them paid by I. L. of c. by their Indenture of bargaine and sale bearing date c. did grant bargaine and sell unto the said I. L. and R. M. their Heires and Assignes for ever all that their third part in three parts equally to be divided of all that their Messuage or Tenement called c. with the appurtenances scituate c. late in the tenure of c. And also all that their third part in three parts equally to be divided of all that their Mine of Coales opened or to be opened or to be gotten or digged within the Grounds or Lands to the said Messuage or Tenement called c. belonging or appertining or in any part or parcell thereof as by the same Indenture among divers other Covenants and Agreements more at large it doth may appear all which premisses in the said Indenture specified so fold and granted to the said I. L. and R. M. as aforesaid was before and at the ensealing of the said Indenture intended and meant to be to the only use and behoof of the said I. L. and his Heires and to no other use or purpose whatsoever Now know ye that I the said R. M. for and in regard of the trust and confidence in me reposed by the said I. L. have remised released and for ever quit claimed and from me and my Heires do by these presents remise release and for ever quit claime unto the said I. L. and his Heires All my right interest estate title and demand which heretofore I have had or now have of and in the said premisses in the said Indenture specified or in any part or parcell thereof In witnesse c. A Surrender of a Lease for lives for the obtaining of a new Lease TO all c. I A. S. c. send greeting c. Whereas I the said A. now am and stand lawfully seized and possessed of a Lease for terme of my life to me made and granted by c. bearing date c. of and in c. All which premisses are scituate c. and are of the yearly value of c. as by the said Indenture of Lease relation c. Now know ye that I the said A. have granted and surrendred and by these presents do fully and absolutely grant and surrender unto the said c. his Heires and Assignes the said Messuage c. demised by the said c. to me the said A. by the said recited Indenture of Lease as aforesaid and all the estate right title Interest terme for life and demand whatsoever of me the said A. of in and to the said Messuage and other the premisses with the appurtenances and of in and to every of them and every part and parcell thereof by force and vertue of the said recited Indenture of Lease or otherwise howsoever Together also with the said Indenture of Lease To the intent neverthelesse and upon condition that the said c. may by his Indenture of Lease make a new demise and grant of the premisses to I. H. and C. his wife and N. their son for terme of their naturall lives and the life of the longest liver of them successively or otherwise as shall be thought convenient and for and under the yearly Rent and under such provisoes covenants and articles as shall be thought fit therein to be comprised In
my Heires Executors and Administrators in the summe of c. of lawfull money of England firmely by these presents In witnesse c. A Generall Release KNow all men by these presents I I. K. of c. have remised released and quit claimed and by these presents do for me my Executors Administrators and Assignes remise release and for ever quit claime unto C. D. of c. his Executors Administrators and Assignes all and all manner of actions and suits cause and causes of actions and suits Bils Bonds writings and accompts debts duties reckonings summe and summes of money controversies Judgements Executions and demands whatsoever which I the said I. K. ever had or which my Executors Administrators and Assignes or any of us in time to come can or may have to for or against the said C. D. his Executors Administrators or Assignes for or by reason of any matter cause or thing whatsoever from the beginning of the world untill the day of the date hereof In witnesse c. A Release of Errours BE it known unto all men by these presents That I W. A. of c. for divers good causes and considerations me thereunto especially moving have remised released and quit claimed and by these presents for me my Heires Executors and Administrators do remise release and for ever quit claime unto E. D. his Heires Executors and Administrators and every of them all and all manner of Errour and Errours and the benefit and advantage thereof and of all misprisions of Errour and Errours defects wrongfull pleadings and proceedings whatsoever had made committed suffered omitted and done at any time or times before the day of the date of these presents in any action or actions prosecuted and sued by the said E. C. against me the said W. A. in any Court or Courts of Record or otherwise And all Errour and Errours in the Judgement or Judgements thereof so that I the said W.A. my Heires Executors and Administrators and every of us shall be for ever hereafter debarred and excluded to sue forth any Writ or Writs of Errour or Errours concerning the same In witnesse c. A Release of Errours concerning a Judgement BE it known unto all men by these presents that I I. W. of c. do by this my present writing for me my Heires Executors and Administrators remise release and for ever quit claime unto F. L. of c. Esquire all and all manner of Errour and Errours and misprision of Errour and Errours which are or may be in on Judgement remaining upon Record in his Majesties Court of Common-Pleas at Westminster against me the said I. W. at the suit of the said F. L. for 200. l. debt and 3. l. 13. s. 4. d. charges or thereabouts or in any the premisses or proceedings of the said Judgement or suit In witnesse c. A Release upon the receipt of a Legacy BE it known unto all men by these presents That I T. B. of c. have the day of the date hereof received of I. T. Widow Executrix of the last Will and Testament of H. T. of c. deceased all that Legacy or sum of c. to me the said T. B. by the name of T. B. of c. given and bequethed of which said sum of c. by me received as aforesaid I acknowledged my self fully satisfied and paid and thereof and of every part and parcell thereof do clearly acquit exonerate and discharge the said T. W. her Executors and Administrators and every of them by these presents In witnesse whereof I have hereunto set my hand and seal c. A Release of Lands TO all Christian people c. Know ye that A. B. of c. for divers good causes and considerations him moving hath remised released and for ever quit claimed and by these presents for himself and his Heires doth fully clearly and absolutely remise release and for ever quit claime unto C. D. of c. in his full and peaceable possession and seizin and to his Heires and Assignes for ever all such right estate title interest and demand whatsoever as he the said A. B. had or ought to have of in or to all c. that the Mannor of c. and c. by any wayes or meanes whatsoever To have and to hold all the said Mannor c. unto the said C. D. his Heires and Assignes to the only use and behoof of the said C.D. his Heires and Assigns for ever so that neither he the said A.B. nor his Heirs nor any other person or persons for him or them or in his or their names or in the name right or stead of any of them shall or will by any way or meanes hereafter have claime challenge or demand any estate right title or interest of in or to the premisses or any part or parcell thereof But from all and every action right estate title interest and demand of in or to the premisses or any part or parcell thereof they and every of them shall be utterly excluded and barred for ever by these presents And also the said A. B. and his Heires the said Mannour Messuage Lands Tenements and other the premisses with the appurtenances to the said C. D. his Heires and Assignes to his and their own proper use and uses in manner and forme afore specified against their Heires and Assignes and every of them shall warrant and for ever defend by these presents In witnesse c. A Release of Lands with a Covenant to lead the use of a Fine TO all Christian people I E. F. of c. send greeting Know ye that I the said E. F. for good and valuable considerations me moving have given granted remised released and quit claimed and by these presents do for me and my Heires grant remise release and for ever quit claime unto T. M. of c. in his full peaceable and quiet possession and seisin being and to his Heires and Assignes for ever all the estate right title interest use claime and demand whatsoever which I the said E. F. now have or had or which my Heires Executors or Administrators at any time hereafter shall or may have or claime of in or to all the Messuage Tenement or Farme called c. in the said County of c. or of and into all and every or any part or parcell thereof by force and vertue of any Fine or other assurance thereof or any part thereof acknowledged or made by the said T M and G his Wife to me the said E. F. And I the said E. F. do covenant and grant for me my Heires Executors and Administrators to and with the said T M his Heires Executors and Assignes that all Fines and other assurances whatsoever heretofore acknowledged or leavied of the premisses or any part thereof by the said T M and S his Wife to me the said E F shall be for ever hereafter and shall inure to the use of the said T M and of the
T. W. WHereas in Trinity Terme in the twentieth year of the Reigne of our Soveraigne Lord King Charles over England c. there was a Judgement had and obtained in His Majesties Court of Common-Pleas at Westminster against A. P. of c. for c. debt and c. damages and costs at the suit of c. These are to require you to acknowledge satisfaction upon the said Judgement and this shall be your sufficient warrant for the same In witnesse c. Another Warrant to acknowledge satisfaction Mr. T. F. WHereas I heretofore retained you my Atturney in His Majesties Court of Kings-Bench at Westminster to sue charge and implead R. E. upon severall Actions and a Habeas Corpus depending against him and whereas you thereupon further proceeded by my direction to the recovery and entry of four severall Judgements the one of 500 l. debt and 7. l. 10. s. and 〈◊〉 d. dammages another c. another c. and the other c. for that I have received full satisfaction from the said R. E. for and concerning all those actions and severall executions by you in my behalf obtained and entred against him by force whereof he remaines Prisoner in the custody of the Marshall of His Majesties said Court these are therefore to will and require you to discharge those severall actions by search or otherwise out of the entry book of the Marshall of that Court or other declarations remaining on file there And further I do hereby direct and authorise you to acknowledge satisfaction upon Record upon the severall Judgements above specified and all other Judgements chargeable against him for my satisfaction and so to release his person out of the Marshals custody from all causes touching me And for the doing thereof this shall be your sufficient warrant and discharge In witnesse c. An Assignement of an Annuity TO all c. T. D. of c. send greeting Whereas T. D. of c. late of c. Uncle to the said T. D. party to these presents in and by one Indenture bearing date c. and in the c. made between the said T. D. Uncle of the one party and B. E and B. C. Gentleman of the other party purporting certaine Uses as in the said Indenture is limited and expressed Did give and grant unto the said T. D party to these presents one Annuity or yearly payment of c. per annum for and during the naturall life of the said T. D. party to these presents to be issuing and going out of the Messuages Lands Tenements c. of the said T. C. the Uncle scituate lying and being in c. to begin to be paid yearly to the said T. D. party to these presents from and after the Decease of A. D. late wise of the said T. D. the Uncle as by the same Indenture amongst divers other things therein contained more at large appeareth And whereas the said A. D. is since deceased Now know ye That the said T. D party to these presents for and in consideration of the sum of c. to him in hand at and before the ensealing and delivery of these presents by W. P. of c. well and truely paid whereof and wherewith he doth acknowledge himself fully satisfied contented and paid by these presents and for divers other c. Hath given granted bargained sold assigned and set over and by these presents doth fully and absolutely give grant bargaine sell assigne and set over unto the said W. P. his Executors Administrators and Assignes as well the said Annuity or yearly payment of c. as also all the estate right title interest property claime and demand whatsoever which he the said T. D. party to these presents now hath or may can might should or ought to have or claime of in or to the said Annuity or yearly payment of c. To have hold perceive receive take and enjoy the said Annuity or yearly payment of c. unto the said W P. his Executors Administrators and Assignes from the day of the date of these presents for and during the naturall life of the said T. D. party to these presents in such like and in as large and ample manner and form to all intents and purposes as the said T. D. party to these presents now hath may might should could or ought to have and enjoy the same by force and vertue of the said Indenture of uses or any thing therein contained or otherwise And the said T. D. party to these presents for him his Executors Administrators and Assignes doth covenant promise and grant to and with the said W. P. his Executors Administrators and Assignes by these presents in manner and forme following that is to say That he the said T. D. party to these presents now hath full power and lawfull authority to give grant bargain and sell the said Annuity or yearly Rent of c. in manner and forme aforesaid And that neither he the said T. D. party to these presents nor any other person or persons by his appointment or with his consent hath heretofore made any former bargaine sale gift grant assignement surrender extinguishment charge or incumberance of the said Annuity or yearly payment of c. or any part thereof Nor that he the said T.D. party to these presents nor any other by from or under him or with his consent hereafter at any time shall do or commit or suffer to be done or committed any act Deed or thing whatsoever whereby the said W. P. his Executors Administrators or Assignes shall or may be letted or hindered of or in the having receiving and injoying of the said Annuity or of any part thereof And that the said W. P. his Executors Administrators and Assignes shall or may from time to time and at all times from henceforth for and during the naturall life of the said T. D. party to these presents lawfully peacefully and quietly have hold receive perceive take and injoy the said Annuity or yearly payment of c. and every part and parcell thereof to the only use and behoof of the said W. P. his Executors Administrators and Assignes without the let suit trouble interruption or disturbance of him the said T. D. party to these presents or any other person or persons by his act meanes title or procurement And further that the said T. D. party to these presents shall and will from time to time and at all times hereafter at the reasonable request cost and charge in the Law of the said W. P. his Executors Administrators or Assignes do cause procure or suffer to be done all such further act and acts thing and things device devices in the law whatsoever for the further assuring of the premisses to the said W.P. his Executors Administrators and Assignes for and during the naturall life of the said T. D. party to these presents As by the said W. P. his Executors Administrators or Assignes or by his
the said C. B and his Heirs or any to whom the right thereof shall appertain as aforesaid if it be their pleasure at any time hereafter during the said term to make any exchange of parcel or parcels of the Lands or Meadows or any part or parcel of the premisses belonging to the said Messuage or Tenement to take and to have the same at his or their will and pleasure giving and allowing unto the said J. S. and his Assigns as much land in quantitie and goodnesse for the same in such place within the Fields of S. aforesaid as by the judgment and discretion of four of the Tenants of the said C. B. and his Heirs or any to whom the right thereof shall appertain as aforesaid then dwelling in S. aforesaid shall be adjudged nominated and appointed And the said J. S. covenanteth and granteth c. That he the said J. S. or his Assigns shall yearly during the said term at seasonable times due and convenient in the year plant or set in and upon the premisses six handsom young trees or saplings of Oak Elm or Ash and them so planted and set shall from time to time yearly cherish preserve sustein and suffer to grow and increase to the most profit use and behoof of the said C. B. his Heirs and Assigns for ever Provided alwaies and it is fully conditioned and agreed between the said parties that the said J. S. shall not at any time hereafter demise grant let set assign or by any other waies or means put away or depart with the said Lease Term of Years Messuage or Tenement and other the premisses with the appurtenances or any part or parcel thereof or do procure or suffer to be done any act deed or thing whatsoever whereby the same or any part or parcel thereof shall or may at any time hereafter revert descend or come unto any person or persons whatsoever other then unto his Wife and Child at any time during the said term without the consent of the said C. B. or his Heirs and other the persons aforesaid first had and obtained in writing under his or their hands and seals upon pain of forfeiting of his Indenture of Lease any thing herein contained to the contrary in any wise notwithstanding And the said C. B. covenanteth for himself his Heirs Executors and Administrators to warrant and defend the said Messuage or Tenement and all other the premisses above letten unto the said J. S. and such his Assignes as are above expressed against all persons pretending any title to the same from by or under him the said C. B. his Heires or Assignes during the said terme according to the true intent and meaning of these presents In witnesse whereof the parties first above named to these present Indentures interchangably have set their hands and seals Yeoven the day and year first above written Annoque Dom. 1636. A Deed of Gift made to one to save him Harmlesse from all Bonds TO all Christian people to whom this present writing shal come I. I.P. of c. send greeting in our Lord God everlasting Know yee that I the said I. P. as well for the imdempnity discharge and saving harmlesse of R. B. of c. his Heires Executors and Administrators and every of them off and from all manner of Bonds and writings obligatory whatsoever wherein the said R. B. is and standeth bound for me the said I. P. in any summe or summes of money to any person or persons whatsoever as also for divers other good causes considerations me hereunto especially moving Have given granted Grant bargained sold confirm'd by these presents do give grant bargain sel and confirm unto the said R. B. All and singular my Leases goods and Chattels whatsoever as well reall as personall of what kind nature quality or condition soever the same are or be and in what place or places soever the same shall or may be found as well in my own custody and possession as in the hands custody and possession of any other person or persons whatsoever To have and to hold all and singular the said Leases Goods and Chattels and all other the premisses with the appurtenances to the said R. B. his Heires Executors Administrators Assigns to his their own proper use and behoofe for ever And I the said I. P. and my Heires all and singular the said Goods and Chattels and other the premisses unto the said R. B. his Executors Administrators and Assignes to his and their own proper use as aforesaid shall and will warrant and for ever defend by these presents Provided alwaies that if I the said I. P. my Executors Administrators or Assignes or any of us doe or shall from time to time and at all times hereafter clearly acquit and discharge or otherwise sufficiently save and keep harmles the said R. B. his Executors Administrators and Assignes and all his and their Goods Chattels Lands Tenements and hereditaments and every of them off and from all and singular bonds and writings obligatory whatsoever wherein or whereby the said R. B. at the request and for the debt of me the said I. P. is and standeth bound to any person or persons whatsoever in any summe or sums of money and off and from all manner of Actions Suits Charges troubles expences and demands whatsoever which shall or may in any wise hereafter happen come grow or be to or against the said R. B. his Executors or Administrators or any of them for or by reason or means of the same obligations or writings Obligatory or any of them or any thing in them or any of them mentioned or contained that then this present Deed or Grant and every thing herein contained shall be utterly voide and of none effect any thing herein before specified to the contrary thereof in any wise notwithstanding In witnesse whereof c. A Lease of a House and certain Lands made in consideration of a certain summe of money the Feesimple being in the Lessor THis Jndenture made c. Between M. C. of c. Gentleman And Anne C. his wife on the one part and T. E. of c. Esquire on the other part witnesseth that the said M. C. and Anne his wife for and in consideration of the summe of c. of lawfull money of England to them in hand paid before the ensealing and delivery of these presents by the said T. E. whereof and wherewith they the said M. C. and A. doe acknowledge themselves to be fully satisfied contented and paid and thereof and of every part and parcell thereof doe clearly acquit and discharge the said T. E. his Executors Admistrators and Assignes All that his Mannor house with the Rights members and appurtenances thereof scituate lying and being in Arlescot in the parish of N. in the County of W. And all that Close of pasture commonly called or known by the name of c. conteining by estimation forty Acres be it more or lesse
promise and grant to and with the said I. W. his Executors Administrators and Assigns and every of them by these presents That if default of payment be made of the said sum of c. or any part thereof at the day time and place aforesaid That then the said I. W. his Executors Administrators and Assigns shall and may from time to time and at all times during the said Term of c. peaceably and quietly have hold possesse and enjoy the said Closes Grounds and other the premisses before mentioned to be hereby demised granted bargained or sold without the lawfull let suit trouble deniall disturbance expulsion eviction or interruption of them the said W. Lord M. Sir F G. and E.W. severally their and every of their severall and respective Heirs and Assigns or any of them or of any other person or persons lawfully claiming in by from or under them or any of them respectively as aforesaid And discharged and clearly acquitted of and from all former Bargains Sales Gifts Grants Statutes Recognizances Extents Judgments and of and from all other Charges Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done by the said W. Lord M. Sir F G. and E. W. or any of them respectively their or any of their severall Heirs Executors Administrators or Assigns or any other person or persons claiming or to claim in by from or under them or any of them severally and respectively their or any of their severall estate act title means consent or procurement In witnesse whereof the parties first above named to these present Indentures have interchangeably set their hands and seals yeaven the day and year first above written Annoque Domini 1634. A Covenant that after default of Payment the Possession of Lands in Morgage shall be delivered to the Morgagee and also all Deeds and Writings concerning the same ANd the said A. B. for himself c. That he the said A. B. his Heirs and Assigns shall and will upon reasonable request to him or them to be made after default shall happen to be made of or in any of the payments aforesaid if it shall happen so to fall out deliver or cause to be delivered unto the said C. B. his Heirs and Assigns the quiet and peaceable possession and seizin of all and singular the before bargained premisses And shall then also after such default of payment within one month then next ensuing deliver or cause to be delivered unto the said C. D. his Heirs and Assigns as well all and singular the Letters Pattents Deeds Evidences Writings Escripts and Minuments before by these presents bargained and sold As also all the true Copies of all such other Deeds and Writings as do touch and concern the before bargained premisses or any part thereof Together with any other Lands Tenements or Hereditaments not before mentioned The said Copies to be written at the costs of the said D. his Heirs or Assigns A Letter of Atturney upon Covenants TO all Christian people c. I O. B. of c. Son and Executor of A.B. c Whereas by one Indenture bearing date c. made between the said A. B. on the one part and C. D. of c. on the other part There are divers Covenants contained on the part and behalf of the said C. D. his Executors and Administrators to be kept and observed touching a Lease granted to the said A B. by the Dean and Chapter of the Collegiate Church of c. of a certain Tenement lying in the precincts of Saint Martins le grand in London and covenanted to be transferred over by the said A. B. to the said C. D. as by the same Indenture whereunto relation being had more at large may appear Now know ye that I the said O. B. for divers good causes and considerations me moving and especially for that it appeareth by the said Indenture that the name of my said Father was used only in trust for the benefit of E D. Wife of the said C.D. and their issue Have made ordained constituted and in my stead and place put and appointed my Well-beloved Friend E. H. of c. to be my true and lawfull Atturney for me and in my stead and name if need require to sue implead and prosecute the said C. D. his Executors or Administrators for or upon the breach or not performance of all or any the said Covenants in the said Indenture specified and to have receive and take for the use of c. aforesaid all such benefit sum and sums of money commodity and advantage whatsoever which shall be recovered or gotten by means of any such suits actions or proceedings to be brought or commenced concerning the same And all and every other act and acts thing and things whatsoever which shall be needfull to be done in and about the premisses the same for me and in my stead and name to do execute and perform in such like large and ample manner and forme to all intents and purposes as I my self might or could do if I were there personally present And whatsoever lawfull actions suits processe and proceedings shall be hereafter commenced sued or prosecuted by the said E. H. or his Assigns against the said C. D. his Executors or Administrators touching the premisses I promise to allow maintain justifie and confirm by these presents without releasing or discharging of the said C. D. his Executors or Assigns of the Covenants aforesaid or any of them or of any suit processe or proceeding thereupon to be brought or commenced In witnesse c. An Assignment with a Proviso to have the Lease again upon payment of a sum of money THis Indenture made c. between G. B. of c. of the one part and W. H. of c. of the other part Whereas one R. G. and A. his Wife by their Deed indented bearing date c. for the consideration in the said Deed indented expressed did demise grant and to farm-let unto the said G. B. all that the Moity and half deal of the Mannor of D. with the appurtenances set lying and being in c. and the Moity and half deal of all their Messuages Dove-houses Edifices Buildings Lands Tenements Rents Reversions Services Mils Meadows Leasows Pastures Woods Under-woods Commons Heaths Profits Commodities and Hereditaments to the said Mannor of c. belonging set lying and being within the Towne Fields Parishes and Hamlets of C. N. D. within the said County of G. or accepted reputed or taken c. To have and to hold c. with divers Covenants Articles Agreements and Reservations in the said Indenture contained as by the said Indenture c. Now this Indenture witnesseth That the said G. B. for divers and sundry c. Hath given granted aliened assigned and set over and by these presents doth c. as well the said Moity c. as also all the estate right title use interest possession claim and demand whatsoever of the said G. B.
bargaines sales guifts grants Leases Joyntures dowers uses Wils Intailes Rents charge-rents seck-arreareges of Rents Fines for Alienation Statutes Recognizances Judgements Executions Seizures Intrusions Extents and of and from all and and singular other charges titles troubles incumberances and demands whatsoever had made knowledged consented unto committed procured done or suffered by the said A. B. his Heires or Assignes or by any other person or persons whatsoever the Rents and Services from hence forth to be due to the chief Lord or Lords of the Fee of Fees whereof the premises are holden only excepted c. A Covenant that he is Lawfully Seized in fee-simple or fee-taile and hath power to demise ANd the said G. H. for himself c. that he the said G. H. at the time of the ensealing and delivery of these presents is and standeth lawfully Seized of an Indefeazable estate of Inheritance in Fee-simple or Fee-taile of and in all and singular the before demised premisses with the appurtenances and every part and parcell thereof without any manner of condition or limitation of use or uses to alter or change the same And also that he the said G. H. now hath full power true title and absolute authority to demise grant c. the said c. and all and singular other the premisses with the appurtenances before demised and every part and parcell thereof unto the said I. P. his Executors Administrators and Assignes for the terme of c. in manner and forme as in and by these presents is mentioned limitted and expressed A Covenant that the Lesse shall not cut down or sell the Trees without the consent of the Lessor ANd the said T.H. for himself c. that he the said T.H. his c nor any of them shal not at any time hereafter during the said terme commit or cause procure or wittingly suffer to be committed or done any manner of wilfull waste or destruction in or upon the premisses or any part thereof nor shall cut down fell take or carry away any of the woods underwoods or Trees growing standing or being or which hereafter shall grow stand or be in or upon the premisses before demised or in or upon any part or parcell thereof without the licence consent or agreement of the above named U.R. his Heires or Assignes in writing first had and obtained A Condition of Arbitrament Generall and Speciall THe Condition c. That if the within bounden R. C. and R. A. their c. and every of them do and shall for their and every of their parts and behalfes in all things well and truely stand to abide obey observe performe fulfill and keep the award arbytrament order rule determination and judgement of c. Arbytrators indifferently chosen elected and named as well on the part and behalfe of the said R. C. and R. A. as on the behalfe of the within named R. S. and c. to arbytrate award rule decree and Judge of for upon touching or concerning all actions suits doubts and variances concerning c. out of the manner of L. in the Parish of W. in the County of c. now in question and controversie between the said parties And also for touching and concerning all and all manner of other suits quarrels debts debates duties bonds specialties controversies transgressions offences strifes contentions reckonings accompts and demands whatsoever which between the said R. C. and R. A. on the one part and the said I. G. the Elder and the said I. S. the Younger and divers other persons on the other part at any time from the beginning of the world untill the day of the date of these presents have been had moved stirred or are in any wise depending so alwayes as the same award arbitrament or determination and judgement of the parties in and upon the same premisses be made and given up in writing indented under their hands and Seals ready to be delivered to the said parties at or in c. on or before c. That then this c. A Condition for the truth of an Apprentice and to restore the value of all such goods as by proof shall appear he hath Imbeazled THe Condition c. That whereas I. D. c. son of c. by his Indenture of Apprentiship to the within named W. G. hath bound himself to the said W. G. with him to dwell and abide from the feast of c. unto c. from thence next ensuing fully to be compleat and ended as in and by the said c. more fully may appear if therefore the said I. D. the Apprentice do or shall at any time or times hereafter during the said Terme of c. wilfully waste imbeazle consume spend or make away or otherwise deliver or lend upon trust without ready money to any person or persons without the consent of the said M. G. his Master any of the goods wares monies or Merchandize of the said W. G. his Executors or Assignes Then if the above bounden L. M. his Exexcutors or Assignes or any of them do and shall within two moneths next after request made and notice thereof given from time to time during the said Terme well and truely pay or cause to be paid to the said W. G. his Executors or Assignes the full summe and value of all such goods wares money or Merchandize as by just and true proofs shall appear the said I. D. to have spent imbeazled wasted consumed or lent without consent as aforesaid to the hurt and hinderance of the said W. G. his Executors or Assignes without fraud or coven That then c. A Condition to acknowledge satisfaction upon a Judgement THe Condition c. That if the within bounden I. P. his Executors Administrators or Assigns or any of them do or before the end of Easter Terme now next comming after the date within written by himselfe or by his or their lawfull Atturnie in the Kings Majesties Courts of Common-Pleas confesse and acknowledge satisfaction of all such Judgements and Executions as the said I. P. hath recovered in the said Court against W. L. of c. Gentleman That then c. A Condition to make assurance upon request THe Condition c. that if the within bounden H. S. or his Assignes shall and will at all times hereafter upon reasonable request and at the costs and charges of the within named I. F. his Heires and Assignes by such lawfull act and acts thing and things conveyances and assurances in the Law whatsoever as by the said I.F. his Heires or Assignes or his or their Councell learned in the Law shall be reasonably devised or required lawfully and sufficiently give grant convey and assure unto the said I. F. his Heires and Assignes for ever all that c. In the Towne and Parish of I. in the County of D. now in the tenure of c. clearly acquitted and discharged or otherwise sufficiently saved and kept harmelesse of and from all and all manner of former
first I do revoke renounce frustrate and make voyd all Wils by me formerly made and declare and appoint this my last Will and Testament Item I give and bequeath c. A Condition to pay money at the day of Marriage or day of Death THe Condition of this Obligation is such that if the within bounden A. B. his executors admistrators and assigns do well and truly pay or cause to be paid unto the within named C. D. his executors administrators or assigns at or in the c. the sum of c. within six months next after the solemnization of the marriage of the abovesaid A. B. or the day of death and decease of B. C. of c. Gentleman which shall first happen after the date within written without fraud or coven That then c. A Condition to deliver Hay and Oats by a day c. THe Condition c. that if the within bound I. A. his executors administrators or assigns do and shall well and truly deliver or cause to be delivered unto the within named T. I. his executors administrators or assigns at c. five cart loads of good sweet well made and well dried Hay every load containing c. and 20 quarters of sound wholsome and sweet Oats good and Merchantable ware every quarter to contain c. between the Feast day of Saint John the Baptist and Saint James the Apostle next ensuing the day within written franke and free without any thing therfore to be paid without fraud or coven That then c. A Condition to performe Covenants THe Condition of c. that if the within bound L. R. his Executors Administrators and Assigns and every of them do and shall at all times hereafter and from time to time well and truly observe performe fulfill pay do and keep all and every the Covenants Grants Articles clauses provisoes payments and agreements which on his or their parts and behalfs are and ought to be observed performed fulfilled paid done and kept specified and comprised in a certain pair of Indentures of Lease bearing date within written made between the within named L. R. on the one parry and N. G. on the other party and that in and by all things according to the true intent and meaning of the same Indenture That then c. A Condition for the truth of an Apprentice THe Condition c. that whereas I. 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 unto the within named H. S. with him to dwell after the manner of an apprentice from the c. next ensuing the date within written for and during the term of c. years from thence next ensuing and fully to be compleat and ended as by the same Indenture may appear If therfore the said I. shall well and truly serve and dwell with the said H. during all the said term of c. years And if at any time or times hereafter during the said term of c. the said I shall by negligence or otherwise consume imbeazle wast loose mis-spend or unlawfully make away any of the monies plate goods chattels wares or merchandizes of the said H. S. his Master or any other person or persons whatsoever which shall be committed to his charge and custodie then and so often if the said E. R. his Executors Administrators and Assigns or any of them shall within three months next after due proof thereof made either by confession of the said I. R. or otherwise howsoever and notice thereof given either by writing or otherwise unto the said E. B. his Executors Administrators or Assigns make sufficient recompence satisfaction and payment unto the said H. S. his Executors Administrators and Assigns of and for all such monies plate goods chattels wares and merchandizes as shall be so duly proved as aforesaid to be by the said I. consumed imbeazled wast lost mis-spent or unlawfully made away That then c. A Condition to abide the Award of Arbitrators if they make an Arbitrament and if not then to abide the Vmpirage of an Vmpire THe Condition c. that if the within bounden A. S. his Heirs Executors and Administrators and every of them for his and their parts and behalfs in all things do well and truly stand to and abide observe perform obey fulfill and keep all and every the award arbitrament doom determination finall end and judgment of Sir T. S. of c. and H. S. of c. Arbitrators indifferently nominated elected and chosen as well on the part and behalf of the within bound A. S. as on the part and behalf of the within named F. L. to award arbitrate determine and judge of for upon or concerning all and all manner of judgments executions actions suits cause and causes of action and suit accompts reckonings sum and sums of money trespasses strifes variances quarrels controversies judgments executions and demands whatsoever had made moving or depending or having being and beginning between the said parties at any time or times before the day of the date of these presents So alwaies that the said award arbitrament doom determination and judgment of the said Arbitrators of for or upon the premisses be made or put in writing indented under their hands and seals and ready to be delivered to the said parties or to such of them as shall come and require the same of the said Arbitrators on this side or before the c. and if the said Arbitrators shall make and put in writing indented no such award or arbitrament as aforesaid for and upon the premisses at or before the said day of c If then the said A. S. his Heirs Executors and Administrators and every of them for his and their part and behalf in all things do well and truly stand to abide obey observe perform fulfill pay and keep all and every the award umpirage arbitrament determinination finall end and judgment of Sir R. R. of c. Umpire indifferently elected and chosen on the part and behalf of either of the said parties to award arbiter determine and finally to judge of for upon or concerning all and singular the aforesaid premisses so alwaies that the said award umpirage arbitrament determination and finall end and judgement of the said Umpire of for or concerning the same premisses be made or put in writing indented under his hand and seal at or on the c. and ready to be delivered to the said parties or to such of them as shall come and require the same of the said Umpire That then c. A Condition that one shall not demise or alien without consent THe Condition c. that if neither the above bound R. R. nor his Assigns nor any of them do or shall at any time hereafter demise grant bargain sell or otherwise do away his or their estate right title interest claim and demand either in fee-simple fee-tail