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B00961 A booke of presidents, with additions of diuers necessarie instruments, meete for all such as desire to learne the manner and forme how to make euidences and instruments, &c. as in the table of this booke more plainly appeareth..; Book of precedents. Phayer, Thomas, 1510?-1560. 1607 (1607) STC 3346.5; ESTC S123541 184,144 289

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appeare in the absence of your said Orator by their subtiltie and craft the said Iurie did appeare passed against your said Orator contrarie to all right law and good conscience which shall be to the great impouerishment vndoing of your said orator for euer vnles your good Lordships lawfull fauor succour be to him shewed in this behalfe In consideration wherof might it therfore please your good Lordship to graunt the kings writ of Cerciorare to be directed to the Maior Shirifes of the citie of L. commaunding them euery of them by vertue of the same to certifie before your good Lordship in the kings most Honourable Court of the Chancerie at a certaine day by your Lordship to be limitted the said attachment all the matter concerning the same to examine the said matter and all the whole circumstances thereof to stand to such an order direction therin as shall stand with right equitie good conscience And your said orator shall pray to God for the preseruation of your good Lordship long to continue ¶ A Bill of complaint for the right of lands where a state was made by deceipt and to require a Subpena vpon the same MOst humbly shewing vnto your Lordship your daily orator W.L. of W. in the county of M. That where one W.L. late of S. in the coūty of K. by his lifetime was lawfully seised in his demeane as of fee of and in one mesuage and seuen acres of land set lying being in the Towne and field of S. aforesaid to the yerely value of xx s. ̄ sterling And he so seised of the premisses had issue one I.L. his sonne and dyed after whose death the said I. was distract and of no whole memory and so dyed without issue of his body lawfully beg●tten After whose death the said mesuage and other the premisses discended and came vnto one I L●as br●ther and heire vnto the sayd W.L. which I hath issue one T.R. his sonne And so it is my good ●●rd that aswel the said I. the father as also the said This sonne hath by their deede of release released all their right title interest of and in the said mesuage and other the premisses to your said Orator and his heires as by their said deed of release doth appeare All that notwithstanding good Lord certaine euidences deedes charters writings and muniments concerning the premisses be come to the hands and possession of one W. S who by reason of hauing of the same euidences hath conueied Indentures of a bargaine and sale of the premisses from the said W.T. being a distract man of no wit vnto the said S. which S. by force of the same by hauing the euidence in his custodie hath conueied diuers secret estates to the vse of the said S. his heires by the supportation counsaile maintenance of one W. N and I.T. against all law right and good conscience and by the confederacy and supportation of the sayd W. and T. the said S. W. with his extort power doth wrongfully deteine and keep the possession in the premisses from your said orator against al right good iustice In tender consideratiō whereof it may please your Lordship to giue thereupō the kings writ of Subpena to be directed to the before named S.W.W. I.T. cōmanding thē euery of them by the same personally to appeare before your Lo. in the K. court of Chācery at a certain day to thē limitted vnder a certain paine there to make answere to the premisses And furthermore to stād to obey all such order direction in the premisses as by your Lo. shal be ●hought most reasonable according to right good Iustice And your Orator shal daily pray for the preseruation of your good Lo. long to endure ¶ A bill of Subpena for a title of lands intailed IN most humble wise sheweth and complaineth vnto your good Lordship your daily Oratour I.I. husbandman That where one W. I. late of S. in the county of W. husbandman graundfather of your said orator was lawfully seised in his demeane as of fee by due course of inheritance vnto him lawfully discended from his auncestors and other lawfull conueyance in the law of and in one mesuage and CCC acres of land meadowes wood pasture with their appurtenances in S. aforesaid And the said W.I. so being of the premisses seised about lviij yeeres now past It was condescended graunted agreed betweene the said W. I. one I. E. late of Hamptoncurlew in the said county deceased that A. I. then sonne and heire apparant of the said W.I. before a certaine day should marry take to his wife one A.E. daughter of the said I.E. And that the said W.I. in consideration thereof and for that the said A. should be greatly aduanced and preferred in goods and substance by that mariage of the said A. would immediately after the said mariage had and solemnized conuey make vnto the said A. and Agnes a good sufficient and lawful estate in the law of and in the said mesuage landes tenements and other the premisses To haue and to hold vnto the laid A. and Agnes and to their heires males of their bodies lawfully begotten And afterward the said A. according to the said agreement did marrie and take to wife the said A. E. immediatly after which marriage had and solemnized the said W. I according to his said promise and agreement did lawfully enfeoffe of and in the said mesuage lands tenements and other the premisses the said A. I. and A. then his wife to haue and to hold vnto the same A. and A. and to his heires maies of their two bodies lawfully begotten by force whereof the said A. and A. were seised of and in the premisses in their demeane as of see taile speciall and they so being thereof seised the said A. Agnes had issue male between them lawfully begotten one I.I. your said Orator one W. I the said W.I. the elder died by and after whose death the reuersion in fee simple of the premisses discended vnto the said A. as sonne heire vnto him And afterward the said A. Agnes dyed after whose death the said messuage lands tenements other the premisses discended came and of right ought to discend and come vnto the said I.I. as sonne heire male of the body of the said A. A. lawfully begotten by force whereof the said I. I. entred into the said mesuage lands tenements other the premisses was thereof seised in his demesne as of fee raile special And he so being thereof seised the said I. I. about 4. yeares now past of the said mesuage other the premisses dyed seised without any issue male of his body lawfully begottē by force wherof the said mesuage other the premisses discended came and of right ought to discend come vnto your said poore orator as brother heir male
complainant or did require him to respite the payment thereof or that the sayd E. at the time of her death left vnto the debtee sufficient of the goods of the said W. L. for the contentation payment of the said xviij l. as in the said bill of complaint vntruely is surmised and without that that any other thing comprised in the said fained bill of the foresaid I. S. which is material to be aunswered vnto in this aunswere not confessed auoided or trauersed is true All which matters the said I. S. is ready to auerre as this honorable Court shall award and prayeth to be dismissed with his reasonable costs and charges in this behalfe sustained c. ¶ Another forme of a bill for a Subpena IN most humble wise sheweth and complaineth vnto your good Lordship your poore and dayly Orator I. A. of R. in the county of N. that where one W. H. late of London Draper was seised in his demeane as of fee of and in one mesuage and xx acres of land wood and pasture set lying and being in the towne fields of R. and the said W. so being seised of the premisses at L. aforesaid by protestation thereof died seised after whose death the premisses discended and of right ought to discend vnto your said Orator as to the vncle next heir of the said W. H. deceased that is to say brother of W. H. father of the said W. deceased So it is right honorable Lord that since the death of the said W. diuers and sundry euidences deeds charters writings and other muniments concerning the premisses be commen to the hands and possessions of R. H. c. who by the colour of hauing of the said euidēces haue vnlawfully entred into the premisses and therof haue taken the profits to their owne vses by the space of vij yeares last past without hauing any iust colour of title so to do And albeit that your said Orator hath dyuers times since the death of the said W. required the deliuerie of all the said euidences of the said R. H. and euery of them that notwithstanding they and euery of them the same to deliuer haue alwayes denied and yet do deny contrary to all lawes equitie good conscience It may please therfore your good Lordship the premisses considered forasmuch as your said Orator for thobtaining of those euidences hath no remedie by course of the common Lawes of this Realme for that he knoweth not the certaine number of the said euidences wherein they be contained to graunt vnto your orator the kings most gratious writ of Subpena to be directed to the foresaid R H. c. commaunding them and euery of them by the same personally to appeare c. ¶ A bill of complaint where a Quest hath passed in a matter wrongfully alleaged IN most humble wise sheweth and complayneth vnto your most honorable good Lordshippe your poore suppliant and continuall Orator P W of the citie of London Broker That wheras one A M. of the said citie Marchant stranger within the said citie was possessed of and in certain linnē clothes to the value of xxij l. x. s. sterling and to your poore suppliants knowledge then as yet of his owne meere proper goods and cattels and so therof being possessed the same within the said citie deliuered to your poore orator being a broker safely to keepe to sell and marchandise by the discretion of your poore suppliant to the vse of the sayd A. by force whereof your orator made sale thereof to certaine persons within the same city and the money goods and marchandise therefore receiued and taken deliuered vnto the sayd A. And so it is right honorable Lord that after and since the sale thereof made one I. S. Marchant stranger pretending a propertie in the foresaid linnen clothes hath commenced an action vpon the case against your poore suppliant in the Guild hall set and being within the foresaid citie before the Shirifs therefore and thereupon hath declared that the said I. should haue lost those goods and that they came to the hands and possession of your poore suppliant within the said Citie by way of trouer And furthermore that your orator was sundry times required to make deliuerance thereof to the said I. and that refused and the same afterward sold and the money thereof receiued conuerted to your orators vse to which matter one I. O. your poore suppliants Atturney rashly without aduisement or counsell therein taken said that your sayd Orator did not sell the said clothes nor any part thereof and vpon the same matter whether any sale thereof was made by your suppliant or not an issue was taken and the Iury tried sworne and charged found a sale made by your poore orator of the said clothes as the truth was nothing regarding in whome the propertie of the goods was at the time of the sale thereof made because by the plee so vnaduisedly pleaded it was confessed in poynt of iudgement the propertie thereof to be to the said I. S. and so it is right honourable Lord that the said Atturney might haue taken an issue that your orator sold no clothes of the said I. because of truth the clothes were the proper clothes of the said A. and not the clothes of the said I. and so the Iurie should haue tried in whom the propertie was and because the property was not put in issue the Iurie had no warrantie to enquire thereof And in case they had bene the clothes of the said I. as they were not indeed your poore orator ought not by the order of the law to haue bin charged because they were deliuered to your orator by the hands of the foresaid A. to sell and your orator did accordingly and the money goods and marchandizes thereof receiued deliuered to the said A. and so if any trespasse or wrong was done to the said I. it was done by the said A. and not by your poore Orator against whō the said A. may take his actiō for your poore orator at the time of the said action commenced neither had the said goods in his possession ne any other thing in lieu or considerance of the same goods And also there is a custom within the said city that if any vpholster or broker sell any goods within the same city to any person or persōs within the same city vpon the deliuerie of any person for or at the request of him hauing witnesse of the deliuery thereof to him made or bring out the partie who deliuered them vnto him not being himselfe particeps criminis should bee discharged and not damnyfied for his office doing in making sale thereof And also by the order of the common Law of this Realme a man comming immediatly to the possession of goods not being party to the first wrong shall not be charged in action of trespas which matters or any of them if they had bin pleaded had bin a sufficient matter of barre and because
paid without the licence of the said Deane and Chapter Furthermore it is agreed by these presents that if it fortune the foresaid rent or yeerely farme or any parcell thereof to be behind vnpaid by the space of one moneth next ensuing any of the said feasts before limitted That then it shall be lawfull to the said Deane Chapter to their successors their assignes in their parsonage and euery parcell thereof to enter to distraine and the distresses so taken to retaine till such time as the foresaid rent or yeerely farme be fully to them satisfied contented and paied And the said N. couenanteth and agreeth that if it happen the said rent or yeerely farme to be behind vnpaid or anie parcell thereof by the space of 3. months next ensuing any of the said feasts That then it shall be lawfull to the foresaid Deane Chapter and to their successors into their said parsonage euery parcell thereof to reenter and to distraine the said N. his heires executors and assignes and them thereof to put out and amoue this Indenture in any wise notwithstanding And also the said N. couenanteth by these presents that the mansion house of the said parsonage shal yerely during the said terme be inhabited and houshold kept in it that the corne and graine that groweth yeerely in the lands of the said parsonage shall bee layd in the barnes and housing of the said parsonage In witnes wherof the parties aforesaid interchangebly haue put to their seales the day moneth and yeere abouesaid ¶ The forme of a Lease of Graine which the farmer ought to pay to his lessor with a clause of defeasance of the whole Lease for lacke of payment of the rent HEc Indentura facta inter Dominū Regem ex vna parte I. C. Militem ex altera parte Testatur quod idem dominus Rex per aduisamentum consilij curiae Augmentationis reuentionum Coronae suae tradidit concessit ad firmam dimisit praefato I.C. omnia illa ducenta quarteria hordei quadraginta quarteria frumenti boni suauis grani quae firmarius seu firmarij rectoriae de O. H. in comitatu L. parcell ' possessionum nuper Monasterij de N. in comitatu Eborum pro in nomine reddit siue annualis firme eiusd ' rectoriae dicto dn̄o Regi annuatim reddere deliberare debent seu debet Habendum gaudendum annuatim percipiend ' hordeum frumentum p̄d ' praef I. C. assignatis suis à festo Sancti Marci Euangelist vltimo preterito vsque ad finem termini per terminum viginti vnius annorum extunc proxim̄ sequentium plenarie complendorū Reddendo inde annuatim dicto dn̄o Regi heredibus successoribus suis xl li. xiij s' iiij d ' legalis monetae Angliae viz. pro praed ' CC. quarterijs hordei xxx li. pro p̄dictis xl quarterijs frumenti x. li. xiij s' iiij d' ad festa S. Marci Euang ' sanctae Katherinae in hyeme vel infra vnum mensem post vtrumque festum festorum illor̄ ad curiam p̄dict ' ꝑ aequales portiones soluendas durante termin̄ p̄dicto Prouiso semper quod si contigerit p̄dict ' redditum aretto fore insolutum per spacium vnius mensis post aliquem diem solutionis eiusdem superius expressum si debito modo petatur quod haec tunc presens dimissio vacua sit ac pro nullo habeatur aliquo in prefenti dimissione contento in contrarium inde non obstante In cuius rei c. ¶ A like forme in English THis Indenture made betweene A. B. of London gentleman on the one partie and C. D. of N. in the county of N. yeomā on the other partie Witnesseth that the said A. B. hath graunted demised and to ferme letten to the foresaid C. D. all those one hundred quarters of Wheat and CC. quarters of Barley of good and sweet graine which the farmor or farmors of the parsonage of N. in the County of N. ought yearely to pay and deliuer to the said A. B. for and by the name of rent or yerely farme of the said parsonage To haue enioy and yeerely to receiue the Wheat Barley aforesaid to the said C. D. and his assignes from the feast of saint M. c. Yeelding and paying therefore yerely to the said A. B. his executors and assignes lx li. c. Prouided alwaies that if it chance the said yerely rent of lx li. to be behind vnpaid by the space of one Moneth after any day of payment of the same before expressed and specified if it be in due maner demaunded then this present lease immediatly to cease and stand void and of no force ne vertue any thing in this present Indenture to the contrary hereof in any wise notwithstanding In witnesse whereof the parties aforesaid c. ¶ The forme of a verie perfect Lease of sundry Lordships with diuers clauses of couenants THis Indenture made the last day of Aprill in the xxxiiij yeare of the raigne of our most dread Soueraigne Lord Henry the viij by the grace of God king of England Fraunce Ireland defendour of the faith and in earth vnder Christ of the Church of England Ireland the supreame head Betweene Master I.P. doctor of the Ciuil Law Deane of the Colledge c. and the Canons of the same Colledge on the one party and A. D. of T. in the county of B. gentleman on the other party Witnesseth that the said Deane Canons by their whole mutuall assent consent will and agreement haue demised graunted to farme let vnto the said A. their mansiō or dwelling place of their manor or Lordship of T. aforesaid in the said County of B. late called the Priorie of T. with all the scite and circuit of the same mansion and all houses buildings yards closes orchards gardens pondes and stewes contained within the same scite or circuit together with all the demeane lands leasures m●adowes and pastures with all and singuler thappurtenances to the said mansion or dwelling place manor or Lordship or to any part or parcell of them or to any of them belonging or in any wise appertayning And also all singuler their lands tenements meadowes leasures pastures commons fishings with all other easements profits and commodities and all other their hereditaments whatsoeuer they bee set lying or being within the Towne and fields of T. aforesaid And also all those their two Milles called c. with all and singuler their appurtenances profits and commodities and with all other their messuages lands tenements meadowes pastures commons easements profits commodities with all and singuler rents reuersions remainders and seruices of all the tenants aswell freeholders as tenants for yeares or from yere to yere copiholders tenants at wil or otherwise set lying or being to be perceiued or taken within the townes parishes or fields of S. Nicholas P. c.
late belonging appertaining to the said late Priorie of T. aforesaid with all singuler their appurtenances and all that their manor or Lordship of T. with all the demeanes of the same And all singuler their other mesuages c. and other hereditaments whatsoeuer they be set lying or being in C. aforesaid and all singuler reuersions remainders and seruices of all the tenants aswell of all the freeholders tenants for yeres or from yere to yere as copyholders tenāts at will to the said manor or Lordship of C. belonging or appertaining or which be in any wise to be perceiued receiued taken out of any lands tenements meadowes leasures pastures or other hereditaments whatsoeuer they be set lying or being in C. aforesaid And also of al maner of such glebe lands tenements tithes oblations fruits profits commodities whatsoeuer they be to the Churches Parsonages of N. C. and L. or to any of them now belonging or in any wise appertayning or which at any time heretofore haue of right appertayned or belonged to them or to any of them And also all and singuler pensions and porcions in L. W. c. with all rights profits and commodities aswell spirituall as temporall together with all woods vnderwoods warrens and other liberties whatsoeuer they be to the said mannors and Lordships of T. and C. or to eyther of them belonging or in any wise appertaining or that be set lying or being in the townes and fields of T. and C. aforesaid or in or vpon any of the premisses Except and alwayes reserued vnto the said Deane and Canons and to their successors all such rents and f●●ites pensions and portions which be contained in a Scedule indented thereof made and to this Indenture annexed amounting to the yeerely value of xx li. sterling And also except reserued vnto the said Dean c. all singuler felons goods wards mariages escheats hariots aduowsons patronages of Churches in any wise to the said Lordships belonging To haue hold occupie peaceably to possesse and inioy the said scite manors or Lordships and all singuler the premisses with their appurtenances except before excepted vnto the said A. D. to his executors and assignes from the feast of S. Michael the Archangell next and immediatly following the date hereof vnto the end and terme of fiftie yeeres then next insuing fully to be complet ended in as ample and large maner forme as much for his commodity and profit as euer any being Prior of T aforesaide or any other farmer occupier or possessor of the same haue at any time heretofore occupied possessed or enioyed the premisses or any part or parcell thereof Yeelding paying therefore yerely vnto the said Deane Canons and to their successors lxxx li. of good and lawfull money of England at two termes of the yeere that is to say at the feast of Thannunciation of our blessed Lady Saint Michael the Archangell by euen portions And the said A. couenanteth graunteth by these presents that he the said A. his executors assignes shall at his or their proper costes charges wel sufficiently repaire sustaine maintaine vphold the said manor place and all other houses barnes and stables now there being and to the same belonging during the said terme And also shall repaire vphold and maintaine wel and sufficiently all maner of tenements buildings edifications of tenements now builded or hereafter to be builded to the said mannors of T. and C. or to either of them belonging or appertaining at his proper costs and charges during the said terme and also shall well sufficiently keepe scower repaire all manner of hedges ditches muddes of and in the said lands of the said manors and other the premisses during the said terme and so being well and sufficiently repaired in the end of the said terme shal leaue yeeld vp And the said Deane and Canons couenanten and granten for them and their successors to and with the said A. his executors and assignes to beare and maintain all manner reparations of Chauncels of all such Churches as belong to any of the said manors or that be now or that hereafter shal be scituat edified or builded in any of the said Townes villages or hamlets before mentioned or vpon anie of the said lands tenements or other the premisses And also to discharge the said A. D. his executors and assignes of all such things as are due by reason of a composition made between the late prior of T. and the parochians of the same N. bearing date the x. day of Ianuarie Anno Dom. MDL as in the same composition more plainely is declared And also the said A. couenanteth and graunteth for him his executors assignes to and with the said Deane c. to acquite and discharge the said Deane c. of and for all maner of quite rents other charges whatsoeuer they be due or accustomed to be paid out of the said mannors or Lordships or out of either of them or other the premisses or any parcell thereof to our soueraigne Lord the king the chiefe Lord of the fee or fees or to any other person or persons whatsoeuer they be during the said terme hauing their commencemēt beginning and being before the date of these presents the tenth or tenths out of any of the premisses due vnto our Soueraigne Lord the king only excepted which the said Deane and Canons and their successors shal beare and pay And moreouer the said Deane c. by these presents doe licence authorise the said A. and also doth couenant and graunt vnto him his executors or assignes that he the said A. his executors or assignes by his or their sufficient deputie or deputies shall keepe the Court Leetes within the said manors or Lordships or within either of them in the name of the said Deane c. when and as often as it shal seeme good vnto the said A. his executors or assignes without fee or other allowance demaunding for the same during the said terme And also the said A couenanteth c. to leuy gather receiue to the vse of the said Deane and Canons and their successors all such rents as be excepted and reserued out of this Indenture and mentioned in the sayd scedule indented hereunto annexed at such time as they shall be by the law recouered or by any other way or meanes sufficiently or lawfully tryed and proued against the said tenants or deteinors and withholders of the said rents and dueties to be payable vnto the sayd Deane and Canons if the said A. D may obtaine or get any of the said rents or duties without costes and charges in the law to bee had or made by the sayd A. for the same and for the collection thereof to demaund no fee or other allowance of the said Deane and Canons vpon his accompt thereof to be made before the Auditors of the said Deane
Sanctorū de O. existent Habendum tenendum percipiendū p̄dictū annualem redditū siue annuitatem xl s. de p̄dicto ten̄to siue hospitio cum suis pertinentiis p̄fato R. T. haeredibus assignatis suis imꝑpetuum ad festū Annunciationis beatae Mariae virginis S. Mich. archangeli per equales portiones soluend ' Et si contingat p̄dictū annualem redditum siue annuitatem xl s. ad aliquod festum solutionū quo solui debeat in parte vel in toto aretro esse non solutū qd ' extunc bene liceat p̄dicto R.T. haeredibus assignatis suis in dictū tenementū siue hospitiū intrare distringere districtiones ibidē inuentas seu captas asportare abducere fugare penes se retinere quousque de p̄dict ' annuali redditu siue annuitate vna cum oibus inde arreragijs si quae fuerint sibi sit plenarie satisfactum D● quo quidem annuali redditu siue annuitate posui p̄d ' R. T. in plenam possessionem seisinam per solutionem sex denariorū sterlingorum In cuius rei testimonium c. ¶ The forme of the same in English TO all Christian people to whom this present writing commeth I. S. Esquier sendeth greeting in our Lord euerlasting Know ye that I the foresaid I. haue giuen and graunted and in this my present writing haue confirmed to R. T. of O one yerely rent or annuitie of xl s. of a certain tenement or Inne of mine in the parish of Alhollowen in O. due to be paid To haue hold and receiue the foresaid yerely rent or annuitie of xl s. of the said tenement or Inne with the appurtenances of the aforesaid R. his heires and assignes for euer at the feast of the Annunciation of our blessed Lady the virgin and at the feast of Saint Michael tharchangell by euen portions And if it happen the foresaid yerely rent or annuitie of xl s. at any of the feasts aboue named at which it ought to be paied to be behind vnpaied that then it shall be lawfull for the said R. his heires assignes into the said tenement or Inne immediatly to enter and distraine and the distresses so there found to take carry driue and bring away and in his or their custody to retaine til such time as all the said yerely rent or annuitie and all and singuler arrerages of the same be fully contented satisfied and paied Of which yerely rent or annuitie I haue put the said R. in full and peaceable possession state and seisin by paying of vj. pence sterling In witnesse c. ¶ A Surrender OMnibus Christi fidelibus ad quos p̄sens scriptū peruenerit T.R. de B. salutem Cum I. R. pater meus per chartam suam feoffamenti dederit concesserit mihi p̄fato T. vnum mesuagium cum suis pertinentijs in villa de B. praedict ' situatum inter tenementū R W. ex parte australi stratam regiam versus borealē Habendum tenendum mihi ꝓ termino vitae meae Ita qd ' post decessum meum p̄dictum mesuagium cum suis pertinent H R. fratri meo haeredibus assignatis suis imperpetuum remaneret Noueritis me p̄dictum T. concessisse sursum reddidisse p̄fato H fratri meo totum ius meum statum quae habeo pro termino vitae meae in praedict ' mesuagio cum suis pertinent Habend ' tenendum eidem H. haeredibꝰ assignatis suis imperpetuum de capitalibus dn̄is feodi illius per seruitia c. ¶ The forme of the same in English TO all Christian people to whom this present writing commeth T. R. of B. sendeth greeting Whereas I. R. my father by his deed of feoffement gaue and graunted to the said T. one mesuage with the appurtenances in the towne of Barton lying betweene the tenemēt of R. W. on the south part the street toward the north To haue to hold to●ne for the terme of my naturall life so that after my decease the foresaid mesuage with thappurtenances should remain wholy to H. R. my brother his heirs assignes for euer Know ye that I the said T. haue giuen and surrendred to the foresaid H. my right title and state that I haue for terme of my life in the said mesuage with the appurtenances of the same To haue and to hold to the said H. his heires assignes for euer of the chiefe Lords of the fee paying the seruice thereof accustomed c. ¶ A partition of inheritance betweene sisters OMnibus Christi fidelibus ad quos presens script indentat peruenerit A.M. et M.M. fil' et her̄ E. M nuꝑ de R. defuncti salutem Cum praedictus E pater noster nuper obierit seisitus in dominico suo vt de feodo de duobus tenementis xvj acris terrae cum pertinentijs in R. praedicta iacentibꝰ quae nobis praefatis A. M. descenderunt iure hereditario post mortem praedicti E. patris nostri Noueritisnos vnanimi assensu et consensu nostro per visum proborum legalium hominum de viceneto nostro diuisionemdictarum terrarum et tenem̄ fecisse sub forma quae sequitur videlicet quod ego praedicta A. senior filia dicti E. habeam illud tenementum scituatum in London greene inter c. cum octo acris terrae arabilis eidem tenemento annexis Et quod ego praedict ' M. iunior filia praedicti E. habeam c. Habendum tenendum nobis heredibus et assignatis nostris imperpetuum de capitalibus dominis feod ' illorum per seruitia inde debita de iure consueta quam quidem partitionem siue diuisionem ratificamus et confirmamus pro nobis heredibus nostris imperpetuum In cuius rei testimonium vtrique parti huius scripti nr̄i indentati sigilla nostra alternatim apposuimus his testibus E. N. N. O. P. Q. Dat c. ¶ The tenor of the same partition in English TO all Christian people to whome this present writing indented commeth A.M. and M.M. daughters and heires of E.M. late of R deceased sendeth greeting Where the foresaid E. M. our father late died seised in his demeane as of Fee of two tenements and xvj acres of land with the appurtenances lying in R. aforesaid which after the decease of our said father discended vnto vs by way of inheritance according to the Law Know ye that we with one assent and consent betweene vs by the aduise of good and lawfull men of our neighbours haue made diuision partition of the said lands and tenements between vs in manner forme following that is to say that I the foresaid A. the elder daughter of the said E. shal haue the tenement lying in Londō greene between the land c. eight acres of errable ground to the said tenement annexed for the due and whole portion of mine inheritance of the premisses And
statute which shall euer testifie the truth what chance soeuer happeneth to the parties as yee may read in the booke of Surueying wherein be many good examples of enrolling and making of records ¶ Heere followeth the forme to make indentures ¶ An Indenture of sale with a purchase THis Indenture made the 17. day of August in the xxxij yere of our soueraigne Lord king Henry the eight by the grace of God king of England France and Ireland defender of the faith and in earth supreame head of the Church of England and Ireland between A.B. of C. in the Countie of K. yeoman on the one partie and R.M. of O. in the said county Gentleman on the other party witnesseth that the said A.B. the day of making hereof for the summe of xl marks sterling to him by the said R. wel and truly cōtented paid in hand at the infealing of this Indēture wherof wherewith the said A. B. knowledgeth himselfe well and truely contented paid therof and of euery parcell thereof doth clearely acquite and discharge the foresaid R. his heires and executors by these presents hath bargained and sold and by this Indenture bargaineth selleth clerely vnto the said R. his heires and assignes to their owne vse for euer all those his mesuage lands tenements meadowes leasues pastures appurtenances set lying and being in the towne parish fields of Ashforth in the countie of Leycester which sometime belonged to C. F. late of Ashforth aforesaid yeoman deceased And in likewise the said A. for the sum aforesaid hath bargained sold by this Indenture vnto the said R. al deeds charters euidences escripts escrowles writings muniments concerning the premisses and any part or parcell thereof and the same deeds charters euidences escripts escrowles writings and muniments the said B. couenanteth by this Indenture to deliuer or cause to be deliuered to the said R. his heires or assignes before the feast of the Natiuitie of S. Iohn the baptist next comming after the date hereof To haue and to hold al the said mesuage lāds tenements meadows leasues pastures all other the premisses with their appurtenances to the said R his heires assignes to their owne vse for euer And the said A. B. couenāteth granteth by these presents that he or his heires before the feast of S. Michael the archangell which shal be in the yere of our Lord God M. CCCCC xliiij shal make or cause to be made to the said R. and his heires and to such other persons as he or they shal name or assigne to the vse of the same R. his heires and assignes for euer a good sufficient lawful estate in the law in fee simple of in the said mesuage lands and tenements other the premisses with the appurtenances by deed fine feoffement recouerie release with warrantie surrender or otherwise at the costs and charges in the law of the said R. or his heirs as by the learned coūsel of the said R. or his heirs shal be best deuised required The same mesuage lands tenements all other the premisses to be then cleerely discharged of all former bargaines former sales titles of inheritance iointures dowers morgages statutes marchant statutes of the Staple of Westminster intrusions forfeitures leases iudgements condemnations executions arrerages of rents and of all maner of charges and incumbrances whatsoeuer they be The rents seruices from thenceforth due to the chiefe Lords of the same lees only out taken and excepted And the same A. B. couenanteth and granteth by this Indenture that all such persons as now stand bee infeoffed seised of and in the said mesuages lands tenements other the premisses with the appurtenances or of or in any part or parcell of the same shall at all times from the day of the date of this Indenture forward stand remaine and be infeoffed seised of and in the same to the vse of the same R. his heirs assignes for euer And also the said A. B. couenanteth and graunteth by these presents that he and his heires and all other persons hauing claiming or pretending to haue any state right title vse or interest of or in the said mesuage lands tenements and other the premisses with their appurtenances of or in any part or parcell of the same at all times from the day of the date of these presents foorthwith shall doe cause and suffer to be done all and euerie thing and things which by the learned counsell of the said R. or his heires shal be deuised for the further assurance of al and singuler the premisses to the aforesaid R to his heires assignes to their owne vse for euer And in likewise the said A. B. couenanteth and graunteth by this Indenture that hee the same A. B. the day of making hereof is very true owner possessor in his own right of all the foresayd mesuages lands tenements other the premisses with the appurtenances and that he hath full power strength authoritie in his own right to bargaine and sell the same to the said R. and his heires in maner forme aforesaid And furthermore it is couenanted condiscended agreed between the said parties and the said R. for his part couenanteth graunteth by this Indenture that if the said A. his heires and assignes pay or cause to be paid to the said R. his heirs or assignes xl markes of good and lawfull money of England together with al such costs and expences as the same R. his heires and assignes shall be at aswell in the making sure of the same mesuages lands tenements c. as also in repairing making and amēding of the same at any time within the term of foure yeres next after the date of this Indenture That then the said R. his heirs or assignes shall make to the same A. B. his heires a good sure and sufficient lawful and indefeasible estate to their owne vse and their heirs for euer of and in the same mesuages lands tenemēts and other the premisses with the appurtenances and euerie part and parcell of them The same to bee then cleerly discharged of all former bargains former sales iointures dowers statutes of the Staple of Westminster statutes Marchants and all other charges and incumbrances whatsoeuer they be by the said R. his heirs or assignes at any time commenced made or done And at the said assurance of the same to the said A. in forme aforesaid to bee made the said R. couenanteth and graunteth by these presents to deliuer or cause to be deliuered to the said A. his heires or assignes all such euydences deeds and writings as hee the same R. his heires or assignes shall then haue concerning the said mesuages lands tenements other the premisses with the appurtenances vnder like maner forme as the said R. receiued them without fraud or further delay In witnesse whereof c. This deed is commonly vesd when a man layeth his land to mortgage
whereof the said E. knowledgeth c. Hath bargained sold and set ouer and by this Indenture doth bargaine and cleerely sel vnto the said C. D. all his estate right title vse interest and terme of yeres which hee hath yet to come in the premisses by the vertue of the Indenture and lease afore mentioned To haue and to hold the said tenement with shops sellers sollers warehouses and appurtenances to the said C. D. his executors and assignes from the feast of saint Michael next comming after the date hereof vnto the end and terme of all the yeres yet to come specified and comprised in the former Indenture of a lease The same C. D. his executors or assigns yeelding paying dooing and performing all and euery thing and things which the said E. by vertue of the former Indenture is bound or standeth charged for to do and hereof cleerely to acquite and discharge the said E. F. and his executors by these presents And the sayd E. F. couenanteth and granteth by these presents that he at no time before the date hereof hath done nor at any time hereafter shal do or cause or suffer to be done any act or thing which should or may be preiudiciall or hurtfull vnto the sayd C. D. his executors and assignes in hauing and inioying all the said tenement c. or any part or parcell of the same in maner and forme as is afore rehearsed In witnesse whereof c. ¶ An Indenture for the sale of a Reuersion THis Indenture made the first day of October in the xxiij yere of the raigne of our soueraigne Lord king Henry the eight c. betweene B. M. of Wakefield in the county of Y. of the one part and R. E. Citizen and Surgeon of London on the other part witnesseth that the said R. the day of making hereof hath bargained and sold and by these presents doth bargaine and sell vnto the said B. to his heires for euer all the reuersion when it shall happen to come and fall incontinently by and after the death of I. G. graundmother to the said R. of and in all those lands tenements meadowes leasues woods pastures rēts reuersions seruices with all and singuler the commodities appurtenances belonging to the same set lying and being in the towne and fields of A. in the coūtie aforesaid now in the holding of Th. Fletcher and all his right claime title vse possession and interest of and in the same And also the said R. by this Indenture bargaineth and selleth vnto the said B. his heires and assignes for euer al and singular deeds charters euidēces escripts scrowls miniments and writings concerning the foresaid lands tenements and other the premisses with the appurtenances or any part thereof and the same and euery one of them the said R. couenanteth graunteth to deliuer or cause to be deliuered to the said B. his heirs or assignes at al times hereafter as hee may thē get or lawfully come by To haue to hold the said lands tenements and other the premisses with the appurtenances and the right title vse and reuersion of the same to the said B. his heires and assignes to their owne vse for euer incontinent after the decease of the said Ioan G. And the said R. couenanteth and graunteth by this Indenture that he or his heirs within a moneth next after the decease of the foresaid Ioane shall make or cause to be made to the said Brian and his heires and to such other persons as hee or they shall name and assigne to the vse of the said B. his heires and assignes for euer a good sure sufficient and lawfull estate in the Law in fee simple of in the said lands tenements and al other the premisses with the appurtenances be it by deed fine feoffement recouerie release with warranty or otherwise as by the learned councell of the sayd B. or his heires shall be aduised The same to be then clearely discharged of all former bargaines former sales titles iointures dowries statutes marchant statutes of the staple of Westminster intrusions fines forfaitures vses willes iudgements executions condemnations and all other maner of charges and encumbrances whatsoeuer they be The rentes and seruices from thenceforth due to the chiefe Lords of the fees of the same and the right and title of the said Ioane during her naturall life of and in the premisses all onely except and reserued And further the said R couenanteth and graunteth by this Indenture that he and his heires and all other persons hauing or pretending to haue any estate right title vse claime or interest of or in the foresaid landes tenements and other the premisses with thappurtenances of or in any part or parcel of the same at all times from the decease of the foresaid Ioan forward shall doe cause and suffer to be done all and euery thing and things which by the learned counsell of the said B. or his heires shall be deuised for the further assurance sure making of all the foresaid lands tenements and other the premisses with the appurtenances to the said B. his heirs assignes to their owne vse for euer For the sale bargaine of all which c. setting in the payments as in other examples here afore ¶ An other sale of a Reuersion in the maner of a deed in Latine OMnibus Christi fidelibus ad quos praesentes litere peruenerint I.H. senior de L. in comitatu Midd ' yeoman salutem in dn̄o sempiternam Cum C.M. vidua quae fuit vxor I.M. de H. in comitatu A. Husbandman iuxta voluntatem eiusdem I. M. habeat teneat ad terminum vitae eiusdem C. ex dimissione traditione chartae indentatae confirmatione mei dicti I.H. ac I.B. nuper de B. p̄dicta iam defunct ' omnes illas terras tenemēta redditus seruitia cum pratis pascuis pasturis vijs semitis sepibus fossatis boscis subboscis oībus suis pertinētijs quae ego dictꝰ I.H. p̄dict ' I.B. quondam coniunctim habuimꝰ nobis haeredibus assignatis nostris imperpetuum ex dono feoffamento dicti I.M. in villa campis de L. in comitatu p̄dicto reuersione omnium p̄dictarum terrarum tenementorū reddituum seruic ' cum pratis pascuis vijs semitis sepibus fossatis boscis subboscis omnibꝰ suis pertinen̄ post mortem dicti C. mihi p̄fato H. haeredibus assignatis meis de iure spectant Noueritis me praefatum C.H. dimisisse tradidisse liberasse hoc praesenti scripto meo confirmasse N. S. de L. praedict ' dictam Reuersionem omniū p̄dictarum terrarū tenemētorū reddituum seruic ' cum pratis pascuis pasturis vijs semitis sepibus fossatis boscis subboscis omnibus suis pertinentijs statim cum acciderit post mortem dicti C. Ita quod omnia p̄dicta terras tenementa redditus seruitia cum pratis c. omnibus suis ꝑtinentijs quae post
detinere quousque eis de eodem redditu sic aretro existent plenarie fuerit satisfactum et persolutum vna cum damnis et expensis suis in ea ꝑte sustinendis Prouiso semper ꝙ si dictae nuptiae non successerint nec consummat fuerint aut si ijdem I. A et A. per me aut mea causa aliquo modo promoti fuerint siue obtinuerint aut ꝓmoueri siue obtineri possint aut eorum alter potest aliquam annuitatem seu annualem redditum terras tenementa seu hereditamenta aut aliam certitudinem victus habend ' eis durante dicta vita mea annui valoris decē libr̄ aut maioris qd ' extunc p̄sens scriptum penitus irritum erit p̄missis non obstantibꝰ In cuius rei testimonium huic pn̄ti scripto meo ego praefatus I. M. sigillum meum apposui Datum c. ¶ Here followeth diuers and sundrie kinds of Supplications Bils of complaint Answers and other Petitions for any matter in the Kings Courts ¶ To the King our most dread Soueraigne Lord. MOst lamentably complaineth vnto your highnesse your poore faithfull and obedient subiect T. V. of H. in the countie of K. vncle and heire vnto I. V late of the citie of L. Tiler that is to wit brother of T. V. father of the said I. V. that where the said I. in his life was seised of his demeane as of fee of and in two mesuages xxx acres of land errable wood and pasture seuerally set lying and being in the parishes of L. M. in the said countie And so he being seised thereof died seised so that the said two mesuages and other the premisses discended and of right ought to discend vnto your poore subiect as vncle and heire to the said I. V. So it is most gratious soueraigne Lord that certaine writings euidences escripts and miniments concerning the premisses which your said poore and faithfull subiect should prooue his true tytle by vnto the premisses bee come into the hands and possession of T. V and V. W. aforesaid by the hauing whereof the said W. and V. haue conueied diuers and sundry craftie estates vnto themselues and thereby haue obtained the possession of the premisses and the same the profits therof by the space of xx yeres wrongfully haue withholden yet do contrary to all right good conscience In cōsideration whereof and for so much as your said poor subiect is in extreame miserie need not hauing wherwith to liue but driuen by necessity vnto his daily labor which he cannot intermit without the vtter vndoing of him and all his children and so of no maner of ability to sue for the premisses by your laws It may therefore please your highnes of your most abundant grace and pitie to graunt your most charitable fauourable letters or commission to be directed vnto such honorable men as your highnesse shall name thereunto commaunding them by the same to examine the premisses further to set such direction and final end therein as iustice and truth would and that as they will aunswere before the iudgement of almighty God vnto whom your said poore subiect will according to his bounden dutie pray for the preseruation of your royall estate c. ¶ A petition to the King for a poore Scholler ¶ To the King our Soueraigne c. PLeaseth it your highnesse of your most noble abundant grace in the way of charitie for and towards the exhibition of your daily Orator and poore suppliant T.M. master of Art and studēt in your vniuersitie of O. being minded to continue in his studie learning there which hee shall not be able to doe vnles your most gratious fauour be shewed him in this behalfe to giue and grant vnto your said Orator the pention going out of the Colledge or fellowship of N. being of your most noble foundatiō which pention was lately paid to A.B. master of art who for that the said colledge was lately void of a dean mast is by your grace to the same preferred called And that your said Orator may vpon this bil signed with your most gracious hand haue and obtaine such and as many your necessary writings as in this behalfe shal he to him expedient And your said orator shal daily pray to God for the preseruation of your royall estate long to continue in felicitie ¶ A bill of complaint vpon certaine gifts requiring a writ of Cerciorare IN most lamentable wise sheweth vnto your good Lordship your daily poore orator I.W. of London that were one A.H. of L. aforesaid marchant tailor borowed of your said orator xij li sterling to be paid to the said I. at a certaine day betweene them agreed which day was expired and the said summe of money not paid wherefore the said A. for that hee had not readie money desired your supplyant to take a certain white broad cloth in pawne containing xl yards cut in peeces for the said xij li. which cloth was sold deliuered to your said Orator by a bill of sale wherein the said A.H. standeth bound with condition in the same bil declared that if the said cloth were not redeemed by a day certain in the same bill limited that then the same cloth to be to the onely vse of your said Orator for contentation whole paiment of the said xij li. Since the which time the said A. counsailed your said Orator to put foorth the said cloth to one L. M of London shereman for to be dyed of seuerall colours for his most profit by the meanes whereof the said I.W. was contented to take the said broad cloth for the paimēt of his said money afterward the said cloath was deliuered to the said L.M. w●thin sixe daies after the deliuery of the said cloath to the said L. one R. N. Spaniard affirmed a plaint of debt against the said A and according to the custome of the said citie of London hath caused attachment to be made of the said broad cloth as the debt due by the said A. vnto the said R. where the said cloth is your said Orators Notwithstanding by reason of the said Attatchment your said orator retained Coūsel in the Guild hal of London where the matter was being at issue whereupon the Iurie was panelled since the which time for the space of three Court daies your said orator did giue attendance there to haue the said matter heard and the said plaintife counsell would not suffer the said Iurie to appeare so long as your said suppliant did apply and pursue his cause in effect herein And for that the said R. his counsell would not proceed in the said action your said orator supposed that it should no more be called vpon by occasion wherof your said Orator being about his businesse in the Countrey in the meane time the said L. M with his counsel hauing knowledge that your said Orator was out of the citie in the countrey instantly laboured the Iurie to