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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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had and made as is aforesaid To have and to hold the said Moity and half deal of the said Mannor of D. with the appurtenances and all the estate right title use interest claim possession and demand whatsoever of the said G. B. c. Provided neverthelesse and it is agreed between the said parties to these presents That if the said G. B. his Heirs Executors or Assigns or any of them do at any time hereafter pay and deliver or cause to be paid delivered unto the said W. H his Executors or Assigns or any of them the sum of c. of lawfull mony of Engl at one entire payment at or in the Ch porch of the Parish Church of C aforesaid within the said County of G. or at or in the place where the said Parish Church now standeth that then and from thenceforth as well this present Grant and Assignment and every Clause Article and Sentence herein contained to be utterly voyd frustrate and of none effect As also that then and from thenceforth the said Moity of the said Mannor of D. and all other the premisses whatsoever with their appurtenances and every part and parcel thereof by these presents assigned and set over unto the said W. H. shall come and be to the said G. B. his Executors and Assigns for and during all the number of years that shall at the time of the payment so to be had and made in manner and form aforesaid be then to come and unexpired of the said term of c. years granted unto the said G. B. his Executors and Assigns as is aforesaid as though this present Indenture of Assignment of the premisses had not been had or made In witnesse c. A Revoking of a Pretended Contract of Matrimony LEt all men know and take notice by these presents That we F. D. of S. and I. H. of c. being desirous to have matters cleared between us concerning such proceedings as have been about treaty of Marriage between us and that we both notwithstanding any pretence of contract between us may hereby declare and manifest to all people That there was no absolute contract or engagement between us at any time for marriage of each other but that we are free one from the other in that kind and may each of us freely marry with others We do therfore freely and without any compulsion declare manifest and make known unto all people That we the said F. D. and I. H. were never absolutely contracted together in any contract of Matrimony neither did we or any of us professe or declare that we would marry each other unlesse c. our Friends c. We do therfore hold our selves no waies to be tied or obliged each to other in any manner of contract of Matrimony or for marriage each with other and therfore we do hereby freely and absolutely release and discharge each other of and from all and all manner of contracts of or for marriage heretofore had or pretended to be had or made between us and we do hereby freely and fully release acquit and discharge each other of us of and from all and all manner of actions suits or claims prosecuted or which may be begun or prosecuted in any Court Ecclesiasticall or Civill concerning the premisses And in testimony of our free and full consents herein we the said F.D. and I. H. have hereunto subscribed our names the day of c. An Assignment of Lands taken upon an Extent THis Indenture made the c. Between T. H. of c. and W. W. of c. of the one party and I. B. of c. of the other party Whereas the said T. H. lately recovered by judgment in His Majesties Court of Kings Bench the sum of c. against T. C. of B. c. and thereupon the said T. H. in Michaelmas Term last did take and sue forth execution by Writ of Eligit directed to the then Sheriffe of the said County of W. Whereupon by Inquisition and by the Jurors then and there sworn taken by the said Sheriffe at the City of c. the day of c. Amongst other things it was found That the said T. C. at the time of the said Inquisition was possessed for and during the term of c. years then to come of and in one Messuage or Tenement and divers parcels of Land Meadow and Pasture to the said Messuage or Tenement belonging or appertaining in C. in the said Parish of c. as his proper goods Which said term and interest of the said T. C. of or in the said Messuage or Tenement the Jury at the time of the said Inquisition did apprize and value at c. pounds Which said term of years the said Sheriffe the day of the same Inquisition did deliver unto the said T. H. at the price and apprizement aforesaid To hold unto the said T. H. and his Assigns as his proper goods and Chattels according to the form of the Statute in that behalf made and as parcel of the same debt and damages of the said T. H. recovered as aforesaid And the said Jurors also found that the said T. C. was at the time of the said Inquisition seized in his Demeasne as of Fee of and in one Messuage and divers parcels of Land Meadow and Pasture to the said Tenement belonging or pertaining lying and being in B. c. found by particular names and quantities and then valued by the said Jurors to be worth c. yearly The Moity of which said Messuages and premisses in B. by particular names and quantities the said Sheriffe did then also deliver unto the said T. H. at the rate and apprizement aforesaid To hold to the said T. H. and his Assigns as his free hold according to the form of the Statute made in that behalf untill the residue of the said debt of c. should be thereby fully levyed as by the said Inquisition more particularly and at large it doth and may appear Which said debt so recovered by the said T.H. and the said execution thereupon was nevertheless in trust for the said W. W. party to these presents and was the proper money of the said W. W. assigned to him by the said T. H. as part of the Marriage portion of c. Now Witnesseth these presents That the said W. W. and T. H. as well for and in consideration of the sum of c. paid unto the said W. W. as also for divers good causes and considerations them thereunto moving Have granted assigned and set over and by these presents do grant assign and set over unto the said I. B. all that the said Messuage or Tenement Lands and premisses in C. aforesaid and all the estate interest title and term of years yet to come which the said W. and T. H. hath or either of them hath or have or might have of in or unto the said Messuage Tenement Lands and premisses and every or any part thereof by the
or procurement In witnesse whereof c. A Defezance upon a Bond Sued to a Judgement THis Indenture made the c. Between W. R. of c. on the one part and I. P. and G. A. of c. on the other part witnesseth That whereas the said I. and G. together with one E. A. of c. by one obligation bearing date c. became joyntly and severally bounden unto the said W. R. in the summe of c. with condition thereupon made for the payment of c. as by the same obligation and condition thereof at large appeareth which said sum of c. or any part thereof or any thing in lieu of the same was not paid unto the said W.R. in the said obligation named nor at any time before nor sithence By means whereof the said obligation became forfeited And whereas the said W. R. hath brought severall actions of debt in the Kings Majesties Court of Common Pleas at Westminster upon the said obligation against the said I. P. and G. A. upon which said Actions severall Judgments are had and obtained in the said Court Yet neverthelesse the said W. R. is contented pleased doth Covenant that neither he the said W. B. his Executors Ad. or Assigns nor any other of them Not to take out execution until c. shall at any time before c. take out any Execution or Executions upon the said Judgements or either of them And further the said W. doth c. that R. if the said I.P. and G.A. or either of them c. do pay c. That then he the said W. R. his Executors To acknowledge satisfaction on payment or Administrators shall upon request made and at the charges of the said I. P. and G. A. c. acknowledge satisfaction upon Record of and for the said severall Judgements And shall also deliver unto them the said c. the said Obligation to be cancelled And the said I. P. and G. A. to be thereof and of the said severall Judgements discharged In Witnesse c. An Indenture of Partition where one had a greater share then the other for which a sum was paid c. THis Indenture made c. Between I. H. c. on the one part and I. M. c. on the other part Witnesseth That the said I. H. and I. M. are and doe now stand seized in their demeasne as of see in Common undivided of and in one Messuage or Tenement and one Yard land thereunto belonging now or late in the tenure of c. scituate c. It is now to the end a perpetuall partition division shall be had and made between the said parties of and in the said c. and other the premisses aforesaid Covenanted concluded and agreed by and between the said parties to these presents in manner and form following And first the said I. H. for himself c. that he the said I. M. his Heirs and Assignes shall from henceforth have hold and peaceably enjoy in severalty to him and to his Heirs for ever to his and their owne proper use and behoofe the one moity or halfe part of the said Messuage or Tenement and one yard land with the appurtenances that is to say c. And that he the said I. H. nor his Heirs shall from henceforth claim or demand any Right Title Use or possession in or to the same or any part thereof but that the said I. H. and his Heirs and Assigns shall at all time and times hereafter from all Actions Right Title and demand thereof or thereunto be utterly excluded and for ever debarred by these presents And the said I. M. for himself c. that he the said I. H. his Heirs and Assigns shall from henceforth have hold and peaceably enjoy in Severalty to him the said I. H. his Heirs and Assigns for ever to his and their own proper use and behoof The other moity or halfe part of the said Messuage c. And that the said I. M. nor his Heirs shal not from henceforth claim c. Vt súpra And in consideration of the said portions and forasmuch as the part and portion by these presents allotted and assigned to the said I. H. and his Heirs were at the ensealing hereof of more and greater value then the said part and portion before allotted and assigned to the said I. M. and his Heirs he the said I. H. hath at the ensealing and delivery of these presents well and truly paid to the said I. M. the sum of c. the receipt whereof the said I. M. doth hereby acknowledge and thereof and of every part thereof doth acquit exonerate and for ever discharge the said I. H. c by these presents In witnes whereof c. A Grant of a Rent reserved by Lease THis Indenture made the c. Between W.B. of c. and A. B. of c. Witnesseth That whereas the said W. B. by his Indenture of Lease bearing date the c. reciting the Lease as in and by the same recited Indenture of Lease c Now this Indenture further Witnesseth That the said W B. for and in consideration of a certain competent summe of c. Hath demised granted bargained and to farm-letten and by these presents doth demise grant and to farm-let unto the said A. B. the Reversion and remainder of the said Shop Warehouse Chambers and other the premisses by the said Indenture of Lease demised Together also with the said yearly Rent of c. thereby reserved and the counterparte of the same Indenture of Lease under the hand and seale of the said c. To have hold possesse and enjoy the said Reversion and Rent of c. and every part thereof unto the said A. B. his Executors Administrators and Assigns from the day of the date of these presents forwards for and during all the residue of the aforesaid term of c. yet to come and un-expired Yeilding and paying therefore yearly during the said terme unto the said W. B. his Executors or Assigns at the Feast of c. only one Pepper-corn if the same shall be lawfully demanded And the said W. B. for himself c. that he the said W. B. at the time of the ensealing and delivery of these presents is the true perfect and lawfull owner and possessor of the said demised reversion and rent And is at the ensealing and delivery of these presents lawfully and absolutely possessed thereof And that he the said W. B. hath full power good right true title and lawfull Authority to demise and grant the said Reversion and rent of c. unto the said A. B. his Executors Administrators and Assigns for and during all the rest and residue of the said term of c. in manner and form aforesaid according to the true intent and meaning of these presents And further that he the said W. B. his Heirs Executors Administrators and Assigns and every of them from time to time and
Heires and Assignes of the said T for ever And I the said E F and my Heires and all and singular the premisses unto the said T M and his Heires to the use aforesaid against me my Heires c. shall and will warrant and defend for ever by these presents In witnesse whereof c. A Revocation of uses BE it known c that I T C. of c. do by this my present writing sealed with my seale and subscribed with my name in the presence of H S T O C B three credible witnesses whose names are subscribed revoke determine and make void and frustrate all and every the uses and estates mentioned raised created limited and made in and by one Indenture of Lease bearing date the c. in the year of the Reigne of c. made between me the said T C of the one party and I B of c. of the other party of and for the House and Scite and all other the Lands Tenements and hereditaments with their appurtenances in the said Indenture mentioned and of and for every part and parcell thereof And I do by these presents absolutely limit determine and appoint that all and singular the Feoffes parties and persons in the said Indenture mentioned and their Heires and Assignes shall immediately and from henceforth stand and be seized of the Scite House Messuage Lands Tenements and Hereditaments in the said Indenture mentioned and of and in every part and parcell thereof to the only use and behoof of me the said T C my Heires and Assignes for ever in a pure and absolute estate in Fee-simple and to none other use intent or purpose In witnesse whereof I the said T C have to this my present writing put my hand and Seale and subscribed my name in the presence of the said H S T O C B three credible witnesses whose names are likewise subscribed the c. in the year of the Reigne c. A Defezance upon a Statute THis Indenture made the c. Between I I of c. of the one part and W G of c. of the other part witnesseth that whereas the said W G by his Recognizance in the nature of a Statute staple bearing date with these presents taken and knowledged before Sir I L Knight and Baronet Lord Chief Justice of His Majesties Court of Kings Bench Westminster is and standeth bound unto the said I I in the sum of c. payable as in the said recited Recognizance or Statute staple may appear Neverthelesse the said I I is contented and pleased and doth for himself his Executors and Adminstrators covenant promise and agree to and with the said W G his Heires Executors and Administrators by these presents that if the said W G his Heires Executors Administrators or Assignes or any of them doe well and truly content and pay or cause to be paid unto the said I I his Executors Administrators or Assignes the full sum of c. on the c. next ensuing the date of these presents at or in the c. That then the said recited Recognizance or Statute staple of c. shal be utterly void and of none effect or else shall stand and abide in full force and vertue In witnesse c. A Defeazance upon a Judgement THis Indenture made the c. Between A B of c. and W C of c. witnesseth That whereas the said A B hath in Trinity Terme last recovered against W C the summe of c. besides costs of suit in His Majesties Court of Common Pleas at Westminster and thereupon had Judgement against the said W C as by the Record thereof remaining in His Majesties said Court more at large it doth and may appear Neverthelesse the said A B is contented and pleased and doth covenant and grant by these presents for him his heires Executors and Administrators to and with the said W C his heires Executors and Administrators That if the said W C his heires Executors Administrators or Assignes doe and shall well and truely pay or cause to be paid to the said A B his Executors or Assignes the full summe of c. at or in the c. That then and in the mean time he the said H B his Executors Administrators or Assignes shall not take out any Execution against the said W C his Goods Chattels Lands or Tenements And that upon payment of the said sum of c. at the day and place above named for payment the said A. B. his c. at the request cost and charges in the Law of the said W C his Executors Administrators or Assignes shall and will acknowledge satisfaction upon Record of and for the said Judgement so as he the said W C doe make unto the said H B his Executors and Administrators good lawfull and sufficient releases of Errours and of all misprisions defaults and imperfections had committed omitted or perpetrated in or about the said Judgement or Recovery or any entries Pleas Pleadings Processe proceedings or other matters touching or concerning the same In witnesse c. A Defezance upon a Morgage of Lands formerly forfeited THis Indenture made the c. Between R T of c. of the one part and E F of c. of the other party witnesseth That whereas the said E F by his Indenture bearing date the c. for the considerations therein mentioned did give grant bargaine sell and confirme unto the said R T his heires and Assignes all that the Mannor of c. with the rights members and appurtenances thereof in the County of c. and also divers other Lands Tenements and Hereditaments in the same Indenture specified in which said Indenture there is conteined a Condition or provisoe to this effect following that is to say That if the said E F his heires Executors or Assignes or any of them do truly pay or cause to be paid unto the said R T his Executors Administrators or Assignes the full sum of c. at or in c. that then and from thence forth from and after such full payment had and made in manner aforesaid the said recited Indenture every the Covenants Grants Articles and Agreements therein conteined shall be utterly void and of none effect as by the said Indenture amongst divers Covenants Grants Articles and Agreements therein contained may more at large appear Which said sum of c. was not paid at the day and place of payment before limitted for the payment thereof according to the tenour of the said proviso or condition By reason whereof the said Mannor Lands and other the premisses in the said Indenture mentioned are absolutely vested and setled in the said R. T. Yet nevertheless the said R. T. is contented and pleased and doth covenant and grant to and with c. that if the said E. F his Heirs Executors Administrators c. or any of them do well and truly content and pay or cause to be paid unto the said R. T.
Gent. our lawful Deputy Atturney for us in our names to appoint a Steward and Bayliff of and for our Mannors of B. and H. and by himself or his sufficient Deputy to for our use to keep Courts within the said Mannors or either of them and to give admittance upon alienation or death and to take and receive Attornments of all and every the Tenants thereof And to and for our use to assesse fines upon such admittances and for us and in our names and to our use to receive the said fines and also such Heriots as shall be due upon such death or alienation and likewise to receive all rents and arrearages of rents and also all amerciaments perquisits and profits that shall arise or grow due to us or any of the said Courts We do also further authorize and appoint the said G.C. to gather take up and seize to our use all wayfs estrays deodans out-laws and felons goods which shall happen to arise be due or fall within the said Mannors or either of them Given under our hands and seals the c. in the c. A Letter of Atturney to take possession of Lands newly purchased BEE it known unto all men by these presents that I I. H Citizen c. have made ordained constituted authorized and appointed and by these presents do make ordain constitute authorize and appoint and in my stead and place by these presents put T. C. of c. my true sufficient and lawfull Atturney for me and to my use to take and receive peaceable and quiet possession and seizin of and in all that Messuage or Tenement and all and singular the lands and premisses thereunto belonging with the rights members and appurtenances scituate lying and being in c. lately bargained and sold by B. P. unto me the said I. H. And the same possession so had and taken to detain and keep to the only use and behoof of me the said I. H. my Heirs and Assigns according to the tenor and true meaning of the Indenture whereby the said premisses are conveyed unto me Ratifying allowing and confirming all and whatsoever my said Atturney shal lawfully do or cause to be done about in or the premisses by these presents In witnesse c. A Letter of Atturney for a Steward of a Mannor to receive rents with authority to impound and distreyn TO all c. I G. K. of c. send greeting in our Lord God everlasting Know ye that I the said G. K. for and in consideration of the speciall trust and confidence which I have and do repose in my well beloved Friend C. P. of c. Gent have made ordained constituted authorized and appointed the said C. P. my true sufficient and lawfull Atturney for me and in my name stead and place and to the only proper use and behoof of me the said G. K. my Executors and Administrators to collect gather demand and receive of all every or any my Tenants or Farmers of all every or any my Lordships Mannors Lands Tenements and Hereditaments what soever in the County of G. all and every such sum and sums of money rents arrerages of rents amerciaments heriots fines issues and profits whatsoever as shall any wise grow due accrew be issuing or payable unto me the said G. K. out of all or any my said Lordships Mannors Lands Tenements and Hereditaments And upon the receipt of all every or any such sum or sums of money rents and profits for me and in my name to make and give acquittances or other sufficient discharges to any of my said Tenants or Farmers requiring the same And the same sum and sums of money rents issues and profits so had and received to pay and deliver to me the said G. K. my Executors Administrators and Assigns and to be accomptable unto me the said G. K. my Executors and Administrators from time to time for all every or any the said sum or sums of money so as aforesaid by the said C. P. had taken and received at the Feast of Saint Michael the Archangel next ensuing the date hereof or before the end of Candlemas Term then next ensuing and at the Feast of the annunciation of the blessed Lady Saint Mary the Virgin then next following or before the end and expiration of Trinity Term then next ensuing and so from time to time at the Feasts and daies before prefixed to give and make a true accompt or accompts to me during the continuance of the power to him given and granted as aforesaid And further I do by these presents give ful power and authority to my said Atturney at any time hereafter to elect and chuse some one sufficient and able person to be Steward of my Courts of my said Mannors c. and also to place displace at his will and pleasure upon just occasion any Bayliffe or other Officer or Officers whatsoever as occasion shall require and also giving and by these presents granting unto my said Atturney full power and lawfull authority for me and in my name stead and place and to my use as aforesaid for non-payment of all every or any my said rents arrearages of rents issues amerciaments and profits to distreyn impound arrest sue implead and imprison all every or any my said Tenants and Farmers which shall refuse to pay to my said Atturney all or any such sum and sums of money rents issues and profits by them or any of them respectively due and payable unto me as aforesaid and the same persons again to discharge acquit and release of and for the same at his will and pleasure And further to do or cause or procure to be done in and about the premisses all and whatsoever to the said C. P. shall seem requisite and needfull to be done as effectually as if my self were then and there personally present All which c. so to be done I do hereby covenant and grant for me my Heirs c. to justifie averr and maintain as fully and perfectly to all intents constructions and purposes as though the same were actually done by my self In witnesse c. A Warrant of Atturney to confesse a Judgment WHereas K. B. Widow of c. Executrix of the last Will and Testament of I.B. Esquire hath sued out of the high Court of Chancery an originall writ of debt for two hundred pounds against me T.E. and I. W. of c. Esquires and Sir R. B. of c. Knight my sureties returnable this Trinity Term in the Court of Common Pleas at Westminster These are therfore to require you to appear for me and my sureties and to take Declarations for us the said T.H. I. W. and Sir R. B. at the suit of the said K. B. and thereupon to confesse Judgement either by non sum informat nihil dicet or otherwise as you shall think fitting and this shall be your sufficient warrant in that behalfe In witnesse c. A Warrant to acknowledge Satisfaction Mr.
or their Councell learned in the Law shall be reasonably devised or advised and required In witnesse c. An Indenture for suing forth a Writ of Entry of a Mannour to the intent a recovery may be had THis Indenture tripartite made the c. between H. E. of c. of the first part W. G. of c. of the second part and A.B. and C D. of c. of the third part Witnesseth that it is covenanted granted concluded condescended unto and fully agreed upon by and between the said parties to these presents And the said H. E. doth for himself his Heires c. covenant c. that he the said E. or his c. before the Feast of c. at the proper cost and charges in the Law of the said W. G. his Heires or Assignes shall permit and suffer the said A. B. and C. D. to bring and sue forth out of His Majesties high Court of Chancery one Writ of Entry sur disseisin in le post against the said W. G. returnable before the Justices of the Common-Pleas at Westminster at a certaine day before the said Feast of c. by which Writ the said A. B. and C. D. shall demand against the said W.G. all that the Mannour of c. by the name of c. or by any other name or names whatsoever whereunto the said W. G. shall appear before the said Justices at the said day of returne to be contained in the said Writ in his owne proper person or by his Atturney sufficiently authorised by the Law for the same upon which appearance the said A. B. and C. D. shall declare against the said W. G. according to the nature of the said Writ And that he the said H. E. shall permit and suffer the said W. G. to make defence and vouch over to warranty the said H. E. and the same E. by himself or his Atturney sufficiently authorised by Law for the same shall vouch over to warranty the common vouchee thereupon imparle and after the same imparlance in the same Terme shall make default and depart in contempt of the Court to the intent a perfect recovery and Judgement in the said Court may be had against the said H. E. W. G. of the said Mannour and Lands and all other the premises according to the course of common recoveries in such cases used And further that the said recovery and execution thereupon so as aforesaid to be had and pursued by the said A B. and C. D. shall be to the only use and behoof of the said W. G. and of his Heires and Assignes and to no other use intent or purpose whatsoever A Covenant for incumberances In witnesse c. A revocation for a Protection during the Parliament time WHereas I the Right Honourable I. Earle of R. have granted a protection under my hand and seal unto C. R. Esquire bearing date on or about the c. last past to endure for the time of this present Parliament Now these presents witness that for divers good causes and considerations me moving I do hereby revoke disannull and make void the said protection to all intents and purposes whatsoever so as the said C. R. shall not from henceforth have any benefit priviledge or advantage thereby but be therefore and therefrom utterly debarred and excluded for ever by these presents In witnesse c. A Bargaine and sale of Trees THis Indenture made c. between A. B. of c. and T.H. of c. of the one part and G.F. of c. of the other part witnesseth that the said A. B. and T. H. for and in consideration of c. to them in hand paid before the sealing and delivery of these presents the receipt thereof c. have bargained and sold unto the said T. F. on hundred Trees of Oake to be taken and chosen by the said T. F. his Executors or Assignes within amongst and out of the woods and Trees standing and growing within the Parke of S. in the County of c. or in or upon the bankes of bounds of the said Parke all such Trees as now are already felled or marked alwayes excepted out of this present bargaine and sale And the said A. B. and T. H. do c. to and with c. that it shall and may be lawfull to and for the said T. F. his Executors and Assignes at seasonable times in the year at his and their free liberty wils and pleasures before the Feast of c. to fell cut downe take and carry away the said Trees before by these presents bargained and sold and every of them so that the said G. F. his Executors and Assignes at his and their or any of their proper costs and charges do from time to time make up and repaire all such breaches and hurts as he or they shall commit or do or cause to be committed or done in any of the hedges pales or ditches of or belonging to the said Parke or any the grounds thereunto belonging or adjoyning for or by reason of the felling cutting down carting or carrying away of the said trees or any of them and so that all the said trees and every of them before bargained and sold be carried and rid of from and out of the said Park and bounds thereof before the said Feast of c. And the said A. B. and T. H. all the said trees before bargained and sold to the said T. F. in manner and form as aforesaid against all men at all times shall warrant and for ever defend And it is further agreed and declared between the said parties that all such and so many of the said trees before mentioned bargained and sold as shall remain and not be carried away out of the said Park and bounds thereof before the said Term of c. shall from thenceforth remain and be to the only use of the said A. B. and T. H. their Executors and Assigns any thing before mentioned to the contrary in any wise notwithstanding In witnesse c. An Indenture of Lease of a House and Lands in the Country THis Indenture made c. Between A. B. of c. of the one party and C. D. of c. of the other party Witnesseth that the said A. B. for and in consideration of the rents and covenants hereafter in and by these presents reserved and contained which on the part and behalf of the said C. D. are and ought to be paid done performed fulfilled and kept Hath demised granted betaken and to farm-letten and by these presents doth demise grant betake and to farm-let unto the said C. D. all that Messuage or Tenement c. And also all that Close of meadow ground called c. and all that c. Which said premisses now are in the tenure or occupation of the said C. D. or his Assigns scituate lying and being in the said parish of c. Except and alwaies reserved out of this present Demise and Grant all
The first part of THE YOUNG CLERKS GUIDE OR An exact Collection of choice ENGLISH PRESIDENTS accordig 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. Councellour And Revised by an able practitioner LONDON Printed for Humphry Tuckey at the Black Spread-Eagle in Fleet-street 1649. THE TABLE Indentures AN Indenture of Annuity for forty years if the party to whom it is granted live so long Page 1 An Indenture of Lease of a Messuage and Lands with extraordinary Covenants 5 A Lease of a house and Land made in consideration of a sum of money paying a Peper corne yearly the fee simple being in the Lessor 11 An Indenture for justifying of actions upon setting over a Statute staple 45 An Indenture between the Scavenger and Raker for clensing the streets 47 A Lease made in consideration of the surrender of a former Lease to continue for three lives with good covenants 54 A grant of an Extent penned by Mr Tho Bromley then Scolicitor 61 A short Lease of Tithes 66 An assurance of a Joynture to a wife with remainder in taile 73 A Lease of a Fee-farme and certaine Lands with necessary covenants 75 A Lease of diverse lands with a covenant to pay Heriots upon deaths with many other necessary Covenants 110 A Joynture with divers limitations with a provisoe for revocation 117 A sale of the moity of a Rent reserved by Lease 134 A charter party for a ship voyage 154 An Indenture of a Bargaine and Sale of a Mannour with necessary Covenants 158 An Indenture to lead the use of a Fine 164 An Indenture of demise of divers lands for a 1000 years paying a pepper corne yearly 166 A Re-demise of the former demised premsses to the same parties reserving the rent of 240 l. with a provisoe that the same rent c. shall cease on the payment of 3000 l. for which this and the former demise are securities 169 A Lease of a house in London 173 A Defeazance upon a Bond sued to a Judgment 177 An Indenture of partition where one hath a greater share then the other for which a sum is paid 178 A Grant of a rent reserved by Lease during the terme therein mentioned 180 An annuity or yearly Rent-charge 181 An Indenture of apprentiship 184 A Bargaine and Sale of a Mannour 185 An Indenture of defeazance for making void all former Statutes payment of a sum of money and performance of Covenants 189 A Conveyance of a house and Lands in fee simple 192 A Joynture made to a wife before Marriage 196 A Lease to trie a Title 199 A Bargaine and Sale of a house in London 200 A Short Lease of a house in London 205 An Indenture of Covenants for passing a Recovery in the Common-Pleas to cut off an entaile 207 A Defeazence upon a Statute 264 A Defeazence upon a Judgement 265 A Defeazance upon a Morgage of Lands formerly forfeited 266 Another Defeazence upon a Statute 268 A Bargaine and Sale of houshold stuffe 271 A Bargaine and Sale of Leases and goods on condition to pay debts and Legacies 272 An Indenture for suing forth a Writ of Entry of a Mannour to the intent a recovery may be had 332 A Bargaine and Sale of Trees by Indenture 334 An Indenture of Lease of a house and Lands in the Country with extraordinary covenants in the same 335 An absolute Bargaine and Sale of a house and lands very strongly penned 342 A Conveyance of a Mannour and lands in consideration of a Marriage c. 347 An assurance of a Joynture made before Marriage with speciall covenants concerning children by a former husband 357 An Assignments AN assignment of a Lease of a house and lands to a third person upon condition that if a sum of money be not paid at the time appointed for payment then the assignment to be void 15 An assignment of a Judgement with a Letter of Atturney therein incerted 17 An assignment of a house and lands from one who had the same in Morgage and was forfeited to him 20 An assignment of a Lease in nature of a Morgarge for indempnity of certaine sureties bound in an Obligation made to another in trust for their use 22 An anssignment of a Recognizance with very good covenants therein incerted 35 An assignment of a Bond for performance of covenants 62 An assignment of two severall Obligations 80 An assignment of two apprentices and their years to come 82 An assignment of a Lease of particion wherein three are Lessours to a third person 88 An assignment of a wharfe-stock of wood poles lighters c. with a general release and covenants for quiet enjoying 94 An assignment of a Lease of a Messuage divers plats of ground with buttals and boundals wherein is recited severall former Leases of the premisses 97 An assignment of a Lease reciting divers Leases with severall covenants 104 An assignment of a Lease with a provisoe to have the same again upon payment of a sum of money 148 An assignment of lands taken upon extent 151 An assignment of a Lease 209 An assignment of the moity of a house and goods with good covenants 212 An assignment of a Lease in trust where the assignor is to take a further estate in the premisses 216 An assignment of a Judgement 217 An assignment of an Annuity 219 An assignment of a Judgement 275 An assignment of a Statute 278 An assignment of an Annuity 281 An assignment of a Lease 283 An assignment of an Annuity 329 Releases An Indenture of release of Lands mortgaged the money being paid and the Lands sold to a third person 27 A general Release 39 A Release from one that hath lost his Counter-part of a Lease from all breach of covenants therein contained 40 A Release of fines and forfeitures due to the King and to the Informer upon the Statute of Recusancy 42 A Resignation or release from one used in trust of all the benefit he might reclaime by vertue of any covenant in the Iedenture 44 A generall Release 51 A Release of an Annuity 64 A Release of a Dower 70 A release made where one hath lost his articles of agreement 71 A revocation of a pretended contract of Matrimony 150 A Release of Lands on performance of articles 191 A Release from one used in trust in an Indenture of bargaine c. 220 A Release for wast done 223 Release of Errours 224 A generall Release 259 A Release of Errours 259 A Release of Errours concerning a Judgement 260 A Release upon the receipt of a Legacy 260 A Release of Lands 261 A Release of Lands with a Covenant to lead the use of a Fine 262 A Revocation of uses 263 Letters of Atturney A Letter of Atturney to receive debts only 49 A Letter of Atturney generall to receive debts c. and to enter
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