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A33419 The Clerks vade mecum, or, A choice collection of modern presidents according to the best forms extant, and such as have not formerly been printed : containing all sorts of bargains and sales, leases, mortgages, grants, covenants, surrenders &c. : usefull for all persons that have relation to the practick part of the common law ... / fatihfully perused by T.P. T. P. 1655 (1655) Wing C4651; ESTC R25308 386,429 737

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whatsoever belonging to the setting up of the same frame and other things aforesaid and which the Carpenter Bricklayer and Plaisterer should or ought to do And also that he the same A B his Execurors or Assignes at his or their like costs and charges shall and will from time to time carry away all the earth rubbish and refuse which shall come or grow by reason of the pulling down of the same building and making and setting up of the same Cellar and frame in repect of the said Carpenters Brick-layers and Plaisterers work which said frame and all other thing and things whatsoever so to be made and done as aforesaid the said A B doth covenant c. to make do and fully finish before the said Feast of S. Michael next coming and that at the same Feast c. the same frame and premises shall be Tenantable In consideration whereof the said C D doth covenant c. to and with c. that he the said C D his Executors Administrators or Assignes shall and will well and truly pay or cause to be paid unto the said A B his Executors Administrators or Assignes at or in c. the full sum of One hundred pound c. in form following viz. c. And also that it shall and may be lawful to and for the said A B his Executors and Assignes to have and take the old Timber of the same house so to be pulled down and all the loame brick and tyle and other things about the same Lead Iron Wainscot and Glasse excepted and so much of the same old timber loarn brick and tyle as shall be good and sufficient and as the same C D shall like of to use and imploy about the building and setting up of the same new frame and the rest to take carry away convert and imploy to his and their most benefit and commodity And also that it shall and may bee lawful to and for the said A B his Executors Workmen and Assignes at his and their wills and pleasures at all time and times convenient to have free and quiet ingresse egresse and regresse into and from the place where the said new frame is to bee set up by and through the same now dwelling house of the said C D untill the Feast of Saint Michael the Archangel next coming without let or interruption of him the said C D. his Executors or Assignes or any of them In witnesse c. An Award made betweene Executors TO all Christian people to whom this present writing quadripartite indented of Award shall come Sir W. Cordale Knight Master of the Rolls sendeth greeting in our Lord God everlasting This INDENTURE quadripatitie also made the second day of A. in the fifth year c. Between Sir W. Gerrard c. one of the Executors of the last Will and Testament of R. Cholmeley c. of the first part Sir Tho. Offley one other of the Executors of the last Will and Testament aforesaid of the second part Sir Tho. Leigh c. one other of the Executors of the said last Will and Testament of the third part and Sir Hugh Cholmeley c. one other Executor of the same last Will and Testament of the said R. witnesseth That whereas the said R. by his said Testament and last Will bearing date c. amongst divers and many gifts and legacies therein limited and appointed to sundry persons therein named as by the same it may appear Hath given and bequeathed all the residue of all and singular his goods chattels leases and other things whatsoever his Debts Funerals and Legacies being paid and performed unto the said W G T O T L whom together with the said H C his brother he made and ordained his said Executors of his said last Will and Testament aforesaid and of the same he hath also made and ordained the said W C his Supervisor and overseer as by the same his last Wil also at large it doth and may appear And for the avoiding all doubts variances controversies suits and strifes that may and might ensue and grow between the foresaid parties touching the said last Will and Testament and the true execution of the same And for and concerning the said residue surplusage and remain of the said Goods Chattels and other things after the said Debts Funerals and Legacies discharged every of the said parties have compromitted and faithfully promised and further do severally covenant and grant to and with the others by these presents to stand to obey abide performe and fulfil the Award and Judgment of the said W C Knight Arbitrator between them indifferently named and chosen of and upon the premises Whereupon the same W C taking upon him the charge and businesse of the said Award and willing and minding as much as in him is the true Execution of the said Testament and that a final peace unity and concord shall be had and continued for ever between the same parties for and concerning the premises Hath and doth by these presents by and with the ful assent and consent of all and every the aforesaid parties make publish declare this his present Award Arbitrament and Judgment between the same parties touching the premises in manner form as followeth that is to say First the said W C by these presents doth award judg and determine and every of the parties before named covenanteth and granteth severally for himself his Heirs Executo●s and Administrators to and with the other of them his and their Executors and Administrators and every of them by these presents in manner and forme following that is to say That the same Executors or any of them shall not at any time or times hereafter willingly and wittingly conceal That any of the Executors shall not conceal any of the Testators goods from the other Executors with-draw or keep close or cause to be concealed with-drawn or kept close from the said other Executors or any of them or the Survivors or the Survivor of them any such Goods Chattels Leases Debts Credits or other things whatsoever as hath come or shall happen to come to his or their or any of their hands custody possession or knowledge that were or did or ought to appertain or belong to the said R C the Testator or his Executors to the intent the same or any part thereof should not be recovered used ordered enjoyed or disposed by the same Executors to their and every of their own proper use most benefit commodity and advan age by equal portions in manner and form aforesaid And it is further ordered and judged by the said Sir W. C. and also fully condescended and agreed between the said parties To execute the Testators Will and trust reposed in them and every of them severally doth covenant and grant for him his Heirs Executors and Administrators to and with the others by these presents that the same Executors and every of them shall from henceforth both in name and deed
appeareth And whereas also the said A B by his single obligation or deed obligatory bearing date c. with condition thereupon indorsed for the true payment of 500 l on the c. at or in c. as by the same obligation and condition appeareth It is neverthelesse covenanted granted concluded condescended and fully agreed by and between the said parties to these presents and the said C D doth covenant promise and grant for himself his heirs c. to and with the said A B his heirs c. and every of them That if he the said A B his heirs c. do wel and truly satisfie content and pay or cause to be c. unto the said C D his executors c. the full sum of 500 l. of c. on the c. at or in c. That then as well the said recited Recognizance of 1000 l. as also the said recited obligation of 500 l. and either of them shall be utterly void frustrate and of ●one effect or else c. In witness c. Assignment of a Judgment upon an Attachment in the Mayors Court. TO all Christian people c. A B of c. greeting Whereas I the said A B in the Queenes Majesties Court commonly called the Lord Mayors Court of London have attached in the hands of C D the summe of xx l. of c. as mony by him due and owing unto E F Citizen c. And furthermore whereas I the said A B have judgment in the said Court to recover against the said C D the said xx l in his hands as aforesaid attached as by the Record of the same Court being recorded in the time of S T then Lord Mayor of the City of London more at large it doth and may appear Now know ye that I the said A B for divers good causes and considerations me hereunto moving have granted assigned and set over and by these presents do fully freely and absolutely grant assigne and set over unto W C of c. his executors administrators and assigns to the only proper use and behoof of the same W C his executors administrators and assignes as well the said summe of xx l of c. before mentioned and the said Judgment thereupon had as aforesaid as also all such benefit profit commodity advantage and demand whatsoever which I the said A B my executors administrators or assignes may or can have or claim of in or to the same premises or any part thereof by force and vertue of the said Attachment and Judgment thereupon had or any of them And I the said A B do covenant promise and grant for my self my heirs executors and administrators by these presents to and with the said W C Not to release the same his heirs c. and every of them in manner and form following viz. That I the said A B or my assigns have not released nor discharged nor that I my heirs executors administrators or assigns nor any of us at any time or times hereafter shall release acquit or discharge the said Attachment sum of money or judgement thereupon had or made or benefit profit or commodity thereupon had or obtained or any Sute thereupon commenced or to be commenced except it be by and with the special assent consent and agreement of the said W C his executors administrators or assigns in writing first had and obtained in that behalf under his or their hands and seals And that I the said A B my c. shall at all times hereafter do such further reasonable acts and things for the granting Further assurance assigning and assuring of the premises as by the said W C his executors or assigns at their proper costs and charges shall be advised or required and that all summes of money which shall be obtained by reason of the premises shall be to the only proper use and behoof of the said W C his executors and assigns And for the more sure performance of the Covenants grants articl●● and agreements before herein mentioned A Bond to perform the Covenants I the said A B do surely bind my self my heirs c. by these presents unto the said W C in the sum of c. l. of c. to be paid to the said W C. his executors administrators and assigns In witnesse c. An Assignment of a Statute with a Letter of Atturney TO all Christian people c. H B of c. greeting Whereas R I of c. by his Recognizance in the nature of a Statute Staple bearing date the c. taken and acknowledged before c. is and standeth bounden unto me the said H B in the sum of 200 l of c. with a certaine pair of Indentures of Defeazance thereupon made bearing date the c. for payment of 100 l of c. on the c. at or within c. as by the same recited Recognizance and Indenture of Defeazance more at large appeareth Now know that I the said H B for divers good causes and considerations me in this behalf especially moving have assigned and set over and by these presents do assigne and set over unto W G of c. his executors administrators and assigns as well the said recited Recognizance or Statute and Indenture of Defeazance thereupon made and all and every sum and sums of money in them or either of them contained as also all and every benefit profit commodity and advantage whatsoever thereupon and thereby to be recovered obtained gotten perceived or had And further I the said H B do by these presents make ordain constitute substitute and appoint the said W G to be my true and lawful Deputy and Atturney irrevocable for me and in my name neverthelesse to the only proper use and behoof of my said Atturney his executors administrators and assigns to take levy recover sue for receive and demand of the said R I his c. or some or one of them at the day and place aforementioned for payment thereof the said summe of 100 l. in the said Indenture of Defeazance mentioned and for non payment thereof the said summe of 200 l being the penalty of the said recited Statute or Recognizance Giving and by these presents granting unto my said Atturney by the tenour hereof my full and whole power right To prosecute Actions strength and lawful authority in execution of the premises the said R I his c. and such of them as shall fail and make default of payment of the said summe of 100 l. at the day and place aforesaid to arrest sue implead imprison and out of prison to deliver and to sue for the execution and executions extent and extents of and upon the said recited statute and pleas and prosecutions for me and in my name to sustain and maintain in whatsoever Court or Courts and before whatsoever Judge or Justices the matter shall be brought as precisely as the Law will it permit or suffer and upon
in the Countie of F as of for and upon all and all manner of actions suits quarrels debts debates bargains contracts trespasses claims controversies and demands whatsoever they be had moved stirred or depending between the said parties at any time before the date hereof So that the same arbitrament ordinance and judgment of the said Arbitrator of and upon the premises be made and yeelded up in writing indented under his hand and seal on this side and before the Feast of N. next coming after the date within written That then c. So as the Award c. be given up before the c. next ensuing as before and if in case the said Arbitrators cannot nor do not before the said c. make an award of and upon the premises in manner and form aforesaid Umperage after Award Then if the said C D. his heirs executors c. and every of them do well and truly stand to abide obey observe perform fulfill and keep the finall end judgment umperage and determination of G H Umpire and indifferently elected and chosen to end and determine of and upon the premises That then c. So that the same umperage c. of the said C D be had made and given up in writing indented under his hand and seal and readie to be delivered to the said parties of the date hereof hath lent disbursed and delivered or to such of them as shall require the same before the tenth day of c. That then c. Not to sell Lands had by Marriage THe Condition c. That if neither the within bounden A B his heirs executors administrators nor assignes nor any of them doe at any time nor times hereafter give grant bargain sel demise let set nor otherwise do away all or any of the Lands Tenements Woods Under-woods Possessions or hereditaments or any part or parcel thereof which he the said A B now hath and enjoyeth or is possessed of at this present day by reason of a marriage late had and solemnized betweene him the said A B and J now his wise c. lying and being in the Towns Parishes Hamlets and fields of S. and H in the countie of C. or else where within the Realm of England to any manner of person or persons without the speciall licence will consent and agreement of the within named C D his executors or assignes first had and obtained in writing for the same That then c. To assure a summe of mony in consideration of a marriage THe condition c. That whereas the within bounden A B intendeth by Gods grace shortly to marrie and take to his wife one C D sister of the within named E F. if the said A B do by his last will and Testament or otherwise without any fraud or covin in case the said C D shall after marriage had between them survive the said A B lawfully give and assure to the said C D the sum of 500 l. c. or else goods and chattels to the value or worth of c. over and besides such chains bracelets jewels and apparell which the said C D shall fortune to have at the day of the death of the said A B. which said sum of 500 l. or else the said goods and chattels which then shal be worth the said summe of five hundred pounds and the said chains bracelets jewels and apparels the said C D her executours administrators and assignes shall and may at all times from the day of the death of the said A B peaceably quietly and lawfully have use give set and enjoy at her and their pleasure without any let or interruption of the said C B his executors administrators or assigns or of any other person or persons by his or their meanes assent or procurement That then c. To repay mony had with an Apprentice THe Condition c. That whereas A B daughter of c. by her Indenture of apprentiship bearing date with these presents hath put her selfe Apprentice to the within bounden C D and E F his wife and with them to dwell and serve as their Apprentice from the feast of c. unto the end and terme of seven years from thence next ensuing and fully to be compleat and ended as by the same Indenture of apprentiship more at lage appeareth And whereas also the within named G H the day 〈…〉 to the said C D the sum of twenty pounds c. to use and occupie as a stock during the said terme If therefore the said C D his c. or any of them do well and truly pay or cause to be paid unto the said A B her c. the sum of twenty pounds c. at the full end of the said term of seven years or at the day of the marriage of the said A B which of them shall now first and next happen fall out or be after the date hereof without fraud or covin And in case it fortune the said A B to decease before the end and expiration of the said term of seven yeares Then if the said C D his c. or any of them do well and truly repay or cause to be repaid unto the said G H his c. all the said summe of twenty pounds c. at the full end and expiration of the said term of seven yeares at or within c. if the same be then and there lawfully demanded of the said C D his c. And further if at any time hereafter during the said terme of seven years it shall appear to the parents of the same A B or to the Chamberlaine of the Citie of London for the time being that the said A B shal not be sufficiently instructed and taught in the science trade or art of a c. which her said Mistriss now useth or that the said A shall want convenient and sufficient meat drink good education lodging or apparell or any of them or that shee the same A shal be by any means hurt or not well used as an Apprentice ought to bee by her said Mistriss or by any other by her assent sufferance or procurement That then c. Not to demise lands without licence THe Condition c. that if the within bounden A B do not at any time or times hereafter resign permit exchange give grant bargaine sell alien demise set let charge incumber or otherwise do away the rectorie c. set lying and being in c. or any part or parcell thereof to any person or persons without the special licence wil consent and agreement of the within named C D and E F or either of them or the heirs or assigns of the said C D before had and obtained in writing under their hands and seals for the same That then c. To pay mony yearly during the life of the obligee THe Condition c. That if the within boun A B and C D or either of them or the heires c. of
after the date within writtten procure obtaine and get of C F c. in his owne name a good lawfull lease and grant in the law of and in one Tenement c. and of all that pasture lease interest and terme of yeares as the said H B hath obtained or before that time shall obtaine procure or get of the said C F of and in certaine tenements c. in G c. in such manner and forme as by the Councell learned in the law of the said C D. at the costs c. of the same C D his executors c. shall be reasonably advised or devised and if in case the said tenements and other the premisses so to be conveyed to the said C D his c. shall at any time after such conveyance had and made bee evicted or recovered out of or from the possession or occupation of the same C D his executors c. before the end and expiration of such term of years as shall thereof be granted to the same A B. or if the said C D his c. shall not or cannot by force of such lease conveyance and assurance as shall thereof bee made in manner and forme aforesaid quietly and peaceably have hold occupie and enjoy the said tenements according to the tenor of the same conveyance Then if the said A B his executors c. do within ten dayes next following such eviction recoverie or interruption well and truly content and repay or cause to be repaid unto the said C D the said sum of 100 l. c. abating deducting and defaulking out thereof for every year that the said C D his executors c. shall have hold and occupie the said tenement and other the premisses only six pounds ten shillings of c. That then c. To save one harmless of a baile in the Kings Bench. THe condition c. That if the within bounden A B his c. do at all times hereafter and from time to time cleerly acquit exonerate and discharge or otherwise sufficiently save and keep harmlesse the within named C D his heires executours c. and all and singular his and their goods chattels Lands Tenements and hereditaments whatsoever as well against E F of L c. his executours c. and every of them of for and concerning one assumpsit baile or recognizance wherein and whereby the said C D at the speciall instance and request and for the meere and onely cause of the said A B is and standeth bound as pledge and surety of and for the said A B in his Majesties Court c. at Westminster as by the Records thereof it doth and may appear as also of for and from all and all manner of actions suits troubles costs dammages judgments extents executions and hindrances whatsoever which shall or may at any time or times hereafter happen come grow or be unto upon or against the said C D his heires executours c. goods chattels lands tenements possessions or hereditaments of him the said C D for or by reason of the said assumpsit bail or suretiship as aforesaid That then c. To acknowledg satisfaction upon a judgment in an information THe condition c. That where an information was exhibited by A B c. for and in the name of our Soveraigne Lord the Kings Majestie that now is against C D of c. in his Hignesse Court at Westminster called c. for and concerning the transporting of gold and silver out of this Realme of England into parts beyond the seas contrary to the lawes and statutes in that behalf made and provided whereupon judgment was given with the Kings Majestie and the sum of fifty pounds recovered against the said C D and thereupon a fieri fac ' awarded and directed to the Sheriff of the said Countie of S for the leavying of the said summe of fiftie pounds and where the said C D by the hands of the within named E F hath paid to the within bound A B the summe of fortie five pounds in full satisfaction and payment of the cause aforesaid and of the summe of fiftie pounds and of the execution thereupon to be had If therefore there be a sufficient and lawfull acknowledgment of satisfaction had and made in due forme in the said Courts called c. of and for the said sum of fifty pounds in such sort as the said C D and the sureties of the said C D standing bound in the said Court for and ●●●cerning the same and everie of them and th● 〈◊〉 c. of them and of every of them and th●●s and every of their goods chattels Lands Tenements and hereditaments shall be utterly discharged thereof before the fourth day of M. or of this present terme of c. And in the mean time if the said C D and his said sureties and also the now Sheriff of the said Countie of E and his undersheriff and everie of them be well and sufficiently saved and kept harmlesse ●s well against our said Soveraigne Lord the Kings Majestie as against the said A B and all other person and persons of for and concerning the foresaid judgment execution and sum of fiftie pounds and of every part and parcell hereof That then c. For delivery of wool THe condition c. That if the within bounden A B his c. in consideration of the sum of fiftie pounds c. to him at the ensealing and deliverie of these presents by the within named C D well and truly paid doe well and truely deliver or cause to be delivered unto the within named C D his executours c. the number and quantitie of fiftie todde of Wooll good and merchantable without any manner ot refuse whatsoever of the growth of the countie of N. of the like goodnesse and finenesse as anie one man shall have of this yeares growth and growne within five miles of C. at or within the house of c. between the 14th day of A and the fourteenth day of I. next ensuing frank and free without any thing thereof to be given or paid by the said C D his executors administrators or assignes Tha●●●e● c. That the Lessee shall pay the rent reserved by his Lease THe Condition c. reciting the demise of the Lease and the Reservation of the Rent of c. as by the same Indenture of Lease more plainly at large it doth and may appeare If therefore the said C D his executors c. or any of them do at all times hereafter for and during so long time of the said term of 20 yeares before mentioned as he the said C D his executors c. or any of them shall or may lawfully and peaceably have hold occupie possesse and enjoy the said premises and every part thereof so mentioned to be demised by the said Indenture of Lease as aforesaid well and truely pay or cause to be paid to the said A B his c. or any of
bills writings obligatorie reckonings accompts and demands whatsoever which against the said G C ever I have had now have or which I my executors c. or any of us at any time hereafter shall or may have for or by reason or meanes of any matter cause or thing whatsoever from the beginning of the world until the day of the date of these presents In witnesse c. A short Letter of Atturnie to receive mony due upon Bond. KNow all men by these presents that I T A of c. have assigned ordained and made and in my stead and place by these presents put and constituted my trusty and welbeloved friend I B of c. my true and lawful Atturnie for me in my stead and name and to the use and behoof of him the said I B to ask recover and receive of W S of c. G T of c. and L M of c. the sum of c. due unto me for non-payment of the sum of c. of like mony One the 20th day of c. last past before the date of these presents as by one obligation with condition thereunder written bearing date c. In the yeare c. more plainly appeareth Giving and by these presents granting unto my said Atturnie my full power and lawful authoritie in the premises to doe say perform conclude and finish for me and in my name as aforesaid All and every such act and acts thing and things devise and devises in the law whatsoever for the recovery of all the debts aforesaid as fully largely and amplie in every respect as I my self might or could do if I were personally present And upon the receipt thereof acquittances or other discharges for me and in my name to make seale and deliver Ratifying allowing and holding firm and stable all and whatsoever my said Atturnie shall lawfully do or cause to be done in or about the execution of the premises by vertue of these presents In witnesse whereof c. A Form of an award TO all Christian people to whom this present writing shall come T M of c. sendeth Greeting c. whereas divers controversies and debates heretofore have been had moved and yet are depending between H D c. of the one partie and L O c. of the other party for the appealing and determining whereof the said parties have submitted themselves and are become bound each of them to other by their severall obligations dated c. in the summe of c. with conditions upon the same obligations indorsed for the performance of all and everie the Award arbitrament determination and judgement of me the said T M Umpier indifferently elected and chosen as well on the part and behalf of the said H D as on the part c. to award arbitrate determine and judge of and concerning all and all manner of actions suits judgments executions strifes variances quarrels controversies and demands whatsoever had made moved stirred or depending between the said H D on the one part and the said L O on the other part from the beginning of the world until the day of the date of these presents So alwaies as the said Award c. of me the said Umpier for and concerning the premises be made and put in writing Indented under my hand and Seal on or before the c. as by the said several obligations and their several conditions more plainly appeareth Now know ye that I the said T M Umpier as aforesaid taking upon me the Charge of the said Award and arbitrament and having heard and viewed the sayings and allegations of either of the said parties concerning the premises and minding to set an unity and friendship concerning the same doe thereupon make and put in writing this mine Award arbitrament determination and judgement between the said parties for and concerning the premises in manner and form following That is to say first I doe Award arbitrate determine and judge by these presents That the said H D his executors administrators or assignes shall well and truly pay c. And I the said Umpier do also Award c. that he the said H L shal on the c. at the Shop of c. Seal and as his absolute deed deliver to the said L O or to his use a release acquittance and discharge of and for all and all manner of actions suits judgments c. from the beginning of the World until the day of the date hereof In witnesse c. A Lease made in consideration of the Surrender of a former Lease for a longer time if three live so long with good Covenants THis INDENTURE made the c. Between I B of c. and I D of c. on the one party and T W of c. on the other party Witnesseth That the said I B. C D and I D. as well for and in consideration of the surrender of one former Lease dated the c. made from the said I B. C D. and I D to H VV Brother to the said T W. as also in consideration of the sum of c. to the said I B in hand paid before the ensealing and delivery of these presents by the said T W his Executors c. Have demised granted and to farm letten and by these presents do demise grant and to farm let unto the said T W all those two messuages or tenements with the appurtenances and three Yard land to the same belonging situate lying and being in the Parish of c. late in the several tenures of the said H W deceased and A P Widow and now in the occupation of the said T W and the aforesaid A P. Together with the lopps tops shreds of all the hedg-rowes and hedges growing in and upon 11 hads of land in a field called Arzons field in a furlong called B furlong And also the lopps and topps of one hedg growing in and upon a Close called H Close from the gate of the lands fide there unto Garsington field And together likewise with Common of Pasture for 12 kine and 120 Sheep in the commons and fields of D aforesaid And all other fields pastures lands meadows feedings and grounds whatsoever with the appurtenances of them the said I B. C D. and I D. which late were in the occupation of them the said I B. H B and A P. or either of them in D aforesaid and together also with all houses edifices buildings barnes stables orchards gardens back-sides courts wayes easements profits commodities and advantages whatsoever to the said two messuages and other the premises belonging or appertaining except and alwaies reserved out of this demise and grant the bodies of all trees of Oake Ash and Elm now growing or which hereafter shall grow and be in and upon the premises or in and upon any part or parcel therereof And also except one barne called the great barne and the yard wherein the same standeth which late were in the possession
the premisses by these presents demised or any part or parcel thereof to any person or persons neither for the whole space or term aforesaid neither for any part or parcel of the same years neither shall do suffer or cause to be suffered or done by any fraud or covin whatsoever any conveyance assurance recovery execution act or acts thing or things whereby the said demised premises or any part thereof shall may or ought to come to the hands use possession or occupation of anie other person or persons during anie part or parcell of the said term of years then of the said A B his heirs or administrators without the special licence consent and agreement of the said A B in writing under his or their hands or seals first had obtained and gotten And the said A B doth covenant promise and agree for himself c. to and with the said C D The Lessor to allow the Lessee for yeilding up his lease not expired his c. That if it shall happen the said A B his heirs or assignes at anie time during the possession and interest of the said C D or his assignes by force of this present Lease to resume have and take againe the premises into his and their own hands and possession according to the true intent of these presents Then the said A B his heirs or assignes within three months after such entrie made into the premisses and reasonable request to be made by the said C D or his assignes shall pay or cause to be paid at the said Messuage or Tenement unto the said C or his assignes so much lawfull English money at one whole and entire payment as the yeares which shall be then to come and unexpired of the said term of One and twentie yeares shall amount unto rating and allowing for every year that shall be so to come and unexpired six shillings eight pence of c. In witnesse whereof c. A Lease of a Tenement with good Covenants THis INDENTURE made c. Witnesseth that the said A B for divers considerations him thereunto moving Hath set and to farm letten unto the said C D all his Tenement or Cottage c. To have and to hold the above recited and letten premises with all and singular the appurtenances to the said C D his executors and assignes from the Feast of c. next ensuing for and during the full end and term of Ten years from thence next ensuing fully to be complete and ended Yeilding and paying therefore yearly during the said term unto the said A B his heires and assigns the summe of c. And the said C D for himselfe his heirs c. doth covenant c. to and with the said A B c. That he the said C D his executors To discharge the land and lessor of quit-rents administrators and assignes and every of them at his and their owne proper costs and charges shall yearly pay bear and discharge and alwaies during the said term save harmlesse the said A B his heirs executors and assignes and every of them and all and every part and parcell of the letten premises of and from all and all manner of chief and quit-rents of old time due and going out of the premises and every or anie part thereof during the said term of Ten yeares And also that he the said C D his heirs executors or assigns nor any of them shal demise let set give grant The lessee not to let his land but to the lessor his Executors c. alien or otherwise put away or depart with the premises before by these presents letten or any part or parcel thereof to any person or persons whomsoever without the assent and consent of the said A B his heirs executors or assignes except to his said Wife childe or children of the said A B or to his or their executors or administrators or to the tenants of the said A B dwelling in S. aforesaid And further that he the said C D his executors and assignes according to the reservations That the lessee shal keep the possession of it covenants and agreements in these present Indentures expressed shall and will from time to time during the said term continue the possession of the premises as true tenant and farmour of the same premisses to the said A B his heirs and assignes without any voluntary attournment or leaving the possession of the premisses to any other person or persons pretending or claiming any right title or interest in the premisses or any part thereof other then by from or under the said A B his heires or assignes and other then by any lawfull eviction or recovery of the possession of the premisses by ordinarie course of Law against the said C D or his assignes to which said suit the same A B shall be made privie from time to time by the said C D his heirs executors or assigns according to the true intent and meaning of these presents And hee the said A B for him his heires executors and administrators doth covenant Quiet enjoying the possession promise and grant c. That he the said C D his c. shall or may lawfully from time to time during the said term continue the possession and take the profits of the letten premises under the aforesaid reservations articles and agreements discharged or upon reasonable request to the said A B his heirs and assigns by the said C D his c. saved harmlesse of and from all and all manner of incumbrances had and done by the said A B or any other person or persons lawfully claiming any right or title in or to the premises before by these presents letten by from or under the said A B. his heirs or assigns And also that he the said A B. his heirs and assigns shall and will from time to time The lessor to defend the lessee from actions brought against him for the land demised so often as any suit in law shall be lawfully commenced against the said C D his heirs c. for or concerning the possession or occupation of the premises or any part thereof before mentioned to be letten the said C D his c. in convenient time giving notice of such suit actions or plaint commenced by or against the said C D his c. at the proper costs and charges in the law of the said A B his c. maintain and defend the said C D his c. and satisfie and content all and all manner of judgments condemnations and executions which may grow or be given against the said A B his c. by reason of any the aforesaid suits And the said C D doth covenant c. to and with c. That he the said C D his executors That the lessee shall not suffer any judgment by default administrators or assignes nor any of them shall not wilfully nor willingly nor by his or their assent nor by his
the let suit trouble denyall disturbance expulsion or interruption of the said E Earl of Bedford the L Lucy c. W Lord M Sir F G and E W and of all every other person and persons whatsoever and discharged of and from all other bargains sales gifts grants leases statutes recognizances extents judgements and all charges estates titles troubles and incumbrances whatsoever had made committed suffered or done or to be had c. by the said E E of Bedford the Lady Lucy Countesse of c. W Lord M Sir F G and E W or any of them or by any other person or persons whatsoever And further that if default be made in payment of the said sum of c or any part thereof For further assurance upon default at the day time and place aforesaid That then the said E E of Bedford the Lady Lucy C of B W Lord M Sir F G and E W their heires executors administrators and assignes and all and every other person or persons lawfully having claiming or pretending to have any manner of estate right title Interest claim or demands whatsoever of in or to the said closes grounds hereditaments and premisses or any part thereof shall and will acknowledge suffer cause or procure to be done made acknowledged suffered and executed All and every such further lawfull and reasonable Act and Acts thing and things devise and devises in the Law whatsoever for the further better and more perfect assurance surety sure making and conveying of the said closes grounds and premisses with the appurtenances and every part thereof to be conveyed unto the said J W his executors administrators and assignes during the said term of lxxxix years according to the intent meaning of these presents As by the said I W his executors or assignes or by his or their Councell learned in the Law shall be reasonably devised or advised and required And the said W Lord M Sir F G and E W for themselves severally and not jointly nor one of them for each other their severall heires executors administrators and assignes and for every of them respectively do covenant promise and grant to and with the said J W his executors administrators and assignes 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 J W his executors administrators and assignes shall or 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 othe premisses before mentioned to be hereby demised granted bargained or sold without the lawfull lett suit trouble deniall disturbance expulsion eviction or interruption of them the the said W Lord M. Sir F G and E W severally their and every of their severall respective heires and assignes or any of them or of any other person or persons lawfully claiming in by from 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 Judgements 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 heires executors administrators or assignes 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 meanes consent and procurement In witnesse c. A Covenant that after default of Payment the possession of lands in mortgage shall be delivered to the mortgage and also all Deeds and writing concerning the same ANd the said A B for himself c. That he the said A B his heires and assignes 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 heires executors administrators or one or some of them and the quiet and peaceable possession and feison of all and singular the before bargained premisses And shall then also after such default of payment within one moneth next ensuing deliver or cause to be delivered unto the said C D his heires and assignes aswell all and singular the Letters Paents deeds evidences writings Escrips 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 assignes A Letter of Atturney upon Covenants TO all Christian people c. J O B of c. son and executor of c. whereas by one Indenture bearing date c. made between 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 C D his executors and administrators to be kept and observed touching a Lease granted to the said O 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 O 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 considerations me moving and especially for that it apeareth by the said Indenture that the name of my said Father was used onely 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 welbeloved 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 G D his executors or Administrators for or upon the breach or not performance of all or any the said Covenants in the said Indendure specified and to have receive and take for the use aforesaid all such benefit summe and summes of money commoditie 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 form to all intents and purposes as I my self might or
could do if I were there personally present And whatsoeve'r lawfull Actions suits proces and proceedings shall be hereafter commenced sued or prosecuted by the said E H or his assignes against the said C D his executors or administrators touching the premisses I promise to allow maintain justifie and confirm firmly by these presents without releasing or discharging of the said C D his executors or administrators of the covenants aforesaid or any of them or of any suits processe for proceeding thereupon to be brought or commenced In witnesse c. A Condition of Arbitrement 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 behalfs in all things well and truely stand to abide obey observe performe fulfill and keep the Award arbitrement order rule determination and iudgement of c Arbitrators indifferently elected named and chosen as well on the part and behalf of the said R C and R A as on the behalf of the within named I S the elder and I S the younger to Arbitrate award order rule deem and judge of for upon touching and concerning all Actions suits doubts and variances concerning the tythes of corne grain and hay herbage coming growing renewing and arising out of the Mannor 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 Actions suits quarrells 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 S the elder and the said I S the younger and divers other persons on the other party at any time from the beginning of the world untill the date of these presents have been had moved stirred or in any wise depending So alwayes as the same award arbitrement or determination and judgements 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 the c. That then 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 embezelled THe Condition c. That whereas I D sonne of c. by his Indenture of Apprentiship bearing date c. hath put himself Apprentice to the within named W G with him to dwell and abide from the Feast of c. from thence next ensuing and fully to be compleat and ended as in and by the said Indenture more at large appeareth If therefore the said I D the Apprentice do or shall at any time or times hereafter during the said terme of c. wilfully wast steal ●●beazell 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 W G his Master any of the goods wares money or merchandize of the said W G his executors or assignes Then if the above bounden L M his executors or assignes or any of them do or shall within two moneths 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 due proofs shall appear the said I D to have spent imbezelled wasted consumed or lent without consent as aforesaid to the hurt or hindrance 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 P I his executors or administrators or any of them do at or before the end of Easter Terme now next coming after the date within written by himself or by his or their lawfull Attorneys in the Kings Majesties Court 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. Gent. That then this c. A Condition to save harmeless of a Bail THe condition of this obligation is such That if the within bounden R S his heirs ex administrators or assignes or any of them do at all times hereafter and from time to time clearly acquit exonerate and discharge or otherwise sufficient●y save and keep harmel●sse the within named I E and W C and the heirs executors c. or either of them against our Soveraigne Lord the Kings Majesty within written his heirs successors officers or assignes and against all every other person and persons wha●soever of for or concerning all and every recognizances bails writings obligatory whatsoever wherein or whereby the said I E and W C at the Instance and request of the said R S stand bound for the said R to our Soveraigne Lord the King in his Highnesse Court of Kings Bench and also of and from all and all manner of costs charges suits troub es and expences whatsoever which shall or may happen come grow or be to the said I E and W C or either of them or to the heirs executors or administrators of either or one of them for or by reason of the same Recognizances or writings obligatory or bails or any sum or sums of money in them or any of them mentioned or contained That then this c. A Condition to make Assurance upon Request THe condition of this obligation c. that if the within b●und H S or his assignes shall or will at ●ll times hereafter upon reasonable request and at the costs and charges of the within named I F his heirs or assignes by such lawfull Act and Ac●s thing and things conveyances and assurances in the law whatsoever as by the said F N his heirs or assignes or his or their Councel learned in the law shall be reasonably devised or required lawfully and sufficiently give grant convey and assure unto the said I F his heirs and assignes for ever All that messuage or tenement with the appurtenances sometimes being two Tenements together with an Orchard and a Garden-plot thereunto belonging set lying and being in the Town and Parish of I in the County of D now in the tenure or occupation of one W C or his assignes cleerly acquitted and discharged or otherwise sufficiently saved and kept harmlesse of and from all and all manner of former bargains sales charges titles troubles and incumbrances whatsoever had made committed or done by the said H S or by any other person or persons whatsoever That then this c. An assignement of Lands extended to certaine uses THis Indenture made the
mentioned and for divers other good causes and considerations him thereunto mo●●ng hath bargained sold and set over and by these presents doth assign c. unto the said E H an● C D their executors and administrators and assigns and to the survivors of them the said E H and C D. and to the executors administrators and assignes of the survivor of them all c. mentioning all that is assig ed and set ●ver To have and to hold the said Lordship and c. and all other the premises with all and singular their appurtenances before by these presents bargained sold assigned or set over and every part and parcel thereof unto the said E H and C D their Executors Administrators and assignes and to the Survivor of the said E H and C D. and to the executors and assigns of the Survivors of them Neverthelesse upon his trust and confidence in them and every of them reposed That the said E H and C D or the Survivor of them or the executors c. of the Survivors of them shall and will at all times hereafter and from time to time upon reasonable request to them or any of them to be made and at the costs and charges in the law of the said Sir A C his executors c. reassigne convey and assure all and singular the before bargained premises and every part and parcel thereof unto such person or persons their executors c. as the said Sir A C his executors c. shall nominate and app●int in such manner and form as by the said Sir A C his c. o● his or their Councel learned in the Law shall be reasonably devised or advised and required and upon further trust and confidence that they and every of them shall and will upon like request to be made do and perform all and every lawful act and acts thing and things whatsoever for the extinguishment o● this present bargain sale and assignment of the premises above mentioned As by the said Sir A C his executors c. or by his or their Councel learned in the law shall be reasonably devised or advised and required In witnesse c An assignment of a Judgement THis INDENTURE made the c. Between M M c. of the one part and R T Citizen c. on the other part Whereas the said M M hath recovered a Judgement in his Majesties Court of Common Pleas at Westminster in Hillary Term Anno c. against E G for twenty pound debt besides costs of suit as by the Records of the said Court more at large may appeare Now the said M M for good considerations him moving hath bargained sold assigned and set over and by these presents doth bargaine sell assigne and set over unto the said R T his executors c. as well the said Judgment and all and every sum and sums of mony therein mentioned and conteined as also all benefit and advantage which shall or may be had obteined or gotten by reason or meanes of the said Judgment or any processe or execution thereupon to be had sued out or executed To have and to hold the said Judgment sum and sums of mony benefit advantage and other the premises aforesaid unto the said R T his c. to his and their own 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 lawful act and thing that shall be done in or about the premises without releasing 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 de obtained or gotten upon the said Judgment shall wholly remain 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. A Release for wast done TO all Christian people to whom these presents shall come W S Prebend of the prebendary commonly called T in the County of M sendeth greeting c. Whereas I S of c. being possessed of a Lease for divers yeares yet enduring of and in one parcel of Wood or Wood-ground commonly called c. situate c. conteining by estimation c. beng parcel of the possessions of the Prebendary of c. aforesaid And where the said R S. for the better advantage to himself and for the encrease of his own yearely profit to be made of the same Wood and for the better and more profitable mannurance of the said ground hath for that purpose cut down and grubbed up divers trees in and upon the said parcel of Wood-ground and hath converted the said ground into tillage whereby a farre greater annual rent or profit is and will be made thereof then if the same should continue Woody-ground which in time to come will turn to the better benefit and advantage of the said Prebend and his successors after the end and determination of the said Lease made to the said R S. Yet notwithstanding the said R S is subject and liable to be questioned and troubled by actions to be commenced against him both for the wast he hath committed in cutting down the same Woods and grubbing up the same by the roots and for not preserving of the same Woods according to the covenants comprised in his said Lease Now know ye That the said W S now Prebend of the said Prebendary as aforesaid for divers good causes c. hath as much as in him is for himself remised released and quit claimed and by these presents for himself doth clearly and absolutely remise release and quit claim unto the said R S c. all and all manner of actions of wasts and any manner of suits for wasts or spoils done or committed by him the said R S in the said Wood and Wood-ground called S W. aforesaid untill the date of these presents and all and all manner of actions of covenants and other actions suits and demands concerning covenants promises or agreements for not cutting down or grubbing up the same Woods or Under-woods heretofore cut and grubbed up In witnesse c. A Letter of Atturney to enter upon Lands to deliver a Lease made to another TO all Christian people c. We T A and R M c. send greeting Whereas we the said T A and R M have signed and sealed to one Indenture bearing date with these presents purporting a Lease Demise or Grant unto one W M c. of all that our c. and all the houses barnes stables orchards Gardens Easements and Commodities thereunto belonging and of all that our c. together with the Demeasne Lands to the said c.
c. 70 l. On the twelfth day of December which shall be c. 70 l. On the thirteenth day of December which shall be c 770 l. residue and in full payment or satisfaction and discharge of the said summe of c. without c. But if the default shall happen to be made of or in the payment of the said sum of c. or of any part or parcel thereof contrary to the form aforesaid that then and from thenceforth the said Recovery or Recoveries Judgment or Judgments and Execution or Executions and every other matter and thing thereupon proceeding and all other Recoveries whatsoever be had or suffered by or between the said parties or their heires or any of them of the premisses aforesaid shall be and enure and shall be deemed construed reputed esteemed and taken to be and to enure to the only use and behoof of the said W P and of his heires and assignes for ever and to and for none other use intent and purpose whatsoever any thing whatsoever in these presents expresed to the contrary thereof in any wise notwithstanding And the said T P for himself his c. doth covenant c. to and with the said VV P and to c. That all and singular the premisses with their appurtenances hereby given c. and every part thereof shall and will from time to time and at all times from and after default shall happen to be made of or in the payment of the said summe of c. or any part or parcel thereof contrary to the forme aforesaid continue remaine and be unto the said VV P his Heires and Assignes for ever by the said T P his c. fully freely and clearly acquitted exonerated discharged or otherwise sufficiently saved and kept harmlesse of and from all and singular former and other bargaines sales leases gifts grants mortgages statutes recognizances extents judgments executions condemnations fines feoffments joyntures dowers entails rents services arrerages of rents and services forfeitures issues amerciaments intrusions wills and testaments uses warrants tythes and conditions and of and from all other troubles and incumbrances whatsoever the rents and services to be from thenceforth due and payable and to be due to the chief Lord or Lords of the Fee or Fees of the premisses excepted And except the Leases formerly made by I P late Uncle of the said T P unto the Tenants of the premisses above mentioned And moreover that the said T P and S his wife and either of them and the heirs of the said T P and all and every person or persons and their heires lawfully having claiming or pretending to have or which shall have claim or pretend to have any lawful estate right title interest reversion remainder dower claim or demand whatsoever of in or to the premisses above mentioned to be hereby given granted bargained and sold or of in or to any part or parcel thereof by from and under him the said T P. shall and will from time to time and at all times after default shall happen to be made of or in the payment of the said sum c. or any part or parcel thereof contrary to the form aforesaid at and upon every reasonable request and at the proper costs and charges in the Law of the said VV P his heires or assigns or any of them make do acknowledg execute and suffer and procure or cause to be made done acknowledged executed and suffered against them and every of them all and every such further lawful and reasonable act and acts devise and devises assurance and assurances thing and things in the Law whatsoever for the further better and more perfect assurance surety and sure-making having holding and enjoying all and singular the premisses before by these presents given granted bargained and sold with their appurtenances unto the said W P his heires and assigns for ever and to the only proper use and behoofe of the said VV P and of his heirs and assigns for ever be it by deed or deeds nrolled or not enrolled Inrolement of these presents Fine Feoffment Release or Confirmation or by all any or as many of the wayes means or devises aforesaid or otherwayes as by the said VV P his heirs or assignes or any of them or by his their or any of their Counsel learned in the Law shall be reasonably devised advised and required Provided alwaies neverthelesse and it is agreed by and betweene the said parties to these presents that it shall and may be lawful to and for the said T P his heirs and assigns from henceforth quietly peaceably to receive take have hold and enjoy to his and their own proper use and uses all the rents issues profits and commodities whatsoever reserved or arising out of upon or concerning the premisses by these presents bargained and sold until default be made of or in the payment of the said sum of c. or any part thereof contrary to the form aforesaid any thing in these presents whatsoever expressed to the contrary thereof in any wise notwithstanding And whereas all the deeds evidences and writings whatsoever concerning the premisses hereby bargained and sold are by the mutual consent of the said T P and W P before the first day of c. to be brought to the Haberdashers Hall in London there to be safely kept as in an indifferent place Now it is thereupon fully concluded and agreed by and between the said T P and VV P for themselves and their heirs and each of the said parties for himselfe and his several heirs doth hereby covenant promise grant and agree to and with the other of the said parties and his heires that in case the said T P his heirs or assignes shall well and truly pay or cause to be paid unto the said VV P his c the summe of c. in manner and form as is above expressed or mentioned That the said VV P his heires or assigns shall and will cause and procure all and every the deeds evidences and writings to be redelivered unto the said T P his heires or assignes whole safe uncancelled and undefaced But if default shall happen to be made of or in the payment of the said sum of c. or of any part or parcel thereof contrary to the form aforesaid that then the said T P his heirs or assignes shall and will cause and procure all and every the deeds charters writings escripts evidences and muniments whatsoever in any wise concerning the premisses hereby bargained and sold or concerning any part and parcel thereof to be delivered unto the said VV P his heirs or assignes whole safe uncancelled and undefaced without any manner of fraud or delay And finally it is concluded and agreed by and between the said VV P and T P for themselves their heires and assignes by these presents That the said VV P his executors and administrators shall and will at the costs and charges of the said T