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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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to another and couenanteth to pay him by a certaine day vnder paine of forfeiture And so in case the day be broken the lands are as sure to the lender of money as if it were a plaine bargaine or a sale It is also very good in Wales where they vse to pledge land called Tirpride ¶ An Indenture of sale of wood THis Indenture made c. Betweene A. B. of T. in the county of D. gentleman on the one partie and E. F. of S. in the same county yeomā of the other party Witnesseth that if the said A. B. the day of making hereof hath bargained and sold and by these present Indētures doth cleerely bargaine and sell vnto the said E. all those his woods and vnderwoods nowstanding growing in vpon his grones and hedge groues called M. in the parish of N. in the countie of Essex And the said E. doth couenant and grant by this Indenture that he his executors or assignes shal leaue standing in and vpon the foresaid lands called M. competent and sufficient stathels and stores according to the custome in the same countrie heretofore vsed And also the said E. doth couenant and graunt by this Indenture that he his executors or assignes at their owne costs and charges all hedges and defences belonging to the said grones and hedge groues wel and sufficiently shall amend restore and repaire when and as often as need shall require from the day of the felling of the said woods to the end terme of iiij yeres then next ensuing for the safegard of the springs growing vpon the same And the said E. doth further couenant and grant by these presents that hee his executors or assignes shal not fell any of the same woods or vnderwoodes but in due and seasonable times of felling that is to say yerely betweene the feasts of S. Michael tharchangel and the Annunciation of our blessed Lady the virgin from the feast of Saint Michael tharchangel next comming after the date hereof to the end and terme of three yeares from thence next ensuing fully to be complet ended And the aforesaid A. B. for his part doth couenāt and graunt by this Indenture that the said E. his executors and assignes shall haue free ingresse and regresse to and from the said woodes and vnderwoods with horse cart and carriage at all times according to his pleasure for the felling hewing cutting downe and carrying away the foresaid woods and vnderwoods in manner and forme afore declared during the foresaid terme without let or interruption of any person or persons For the sale bargaine of all which woods and vnderwoods the said E. doth couenant and graunt by these presents to pay or cause to be paid to the said A. his executors or assignes xx pounds of good and lawfull money of England in maner and forme following that is to say in hand at the sealing of these Indentures x. pound of which x. l. the said A. B. knowledgeth himselfe well and truely satisfied and paid and thereof and of euery parcel of the same cleerely doth acquite and discharge the said E. his heires and executors by these presents and at the feast of the Natiuity of our Lord God next comming after the date hereof x. pounds in full paiment of the said xx pound In witnesse whereof c. ¶ Another Indenture of a bargaine of wheat THis Indenture made c. Betweene A. B. of W. in the county of R. yeoman on the one part and C. D. of Lambeth in the countie of Surrey gentleman on the other part Witnesseth that the said A B. the day of making hereof hath bargained and sold by these presents bargaineth selleth vnto the said C. D xx quarters of wheat xx quarters of rye good wheat rye cleane and marchantable with the best accoūting 8. bushels with the heap to euery quarter Al which xx quarters of wheat xx of rye the said A. B. doth couenant grant by this Indēture that he his executors or assignes at his or their owne cost and charge shal deliuer or cause to be deliuered to the said C. D. to his executors or assignes franke free at the dwelling house of the said C. D. of L. aforesaid before the feast of the Natiuity of our lord God next cōming after the date hereof without any further delay fraud or cōtradiction And the said C. D. couenāteth granteth by this Indenture that he his executors or assignes shal be ready to receiue al the same xx quarters of wheat xx quarters of rye at all time times whensoeuer the foresaid A. B. or his executors or assignes shal bring the same to be deliuered in maner and form as is afore declared For the bargain sale of al which xx quarters of wheat xx quarters of rie for the deliuerie therof in maner forme aforesaid the said C. D. couenanteth granteth by these presens to pay or cause to bee paid to the said A. B. his executors or assigns for euery quarter of the said wheat viij s. sterling for euery quarter of the said rie vi s. sterling in maner and form following that is to say c. To al singuler couenants grants paiments articles agreemēts afore rehersed on either part of the said parties wel truely to be obserued kept either of the same parties binding themselues to other in the sum of xx li. sterling well truly to be paid by this Indenture In witnes whereof c. ¶ An Indenture for setting ouer a Lease THis Indenture made betweene F. G. citizen mercer of London on the one partie C. D. citizen and Haberdasher of London on the other partie Witnesseth that whereas E. M. citizen Mercer of London by his Indenture of a lease bearing date c. granted and to farme did let vnto the said F. G. all that his tenement house with shops sellers sollers warehouses appurtenances set lying and being in the parish of S. Margaret c. which is now in the tenure and occupation of the said E. C. To haue and to hold the said tenement shops sellers sollers warehouses and appurtenances to the said E. F. to his executors assignes from the feast of Saint Michael Tharchangel last past before the date of the said Indenture vnto the end terme of xxx yeres from thence next ensuing and fully to bee complete and ended Yeelding and paying therefore yerely during the said terme to the said E. F. his heires or assignes iiij l. of good and lawfull money of England at iiij termes of the yeare in the citie of London vsually by euen portions with diuers other couenants grants articles specified and comprised in the said Indentures as by the same Indentures thereof made more plainly doth appeare Whereupon now the same E. F. for the summe of xx l. to him in hand by the sayd C. D. the day of making hereof well and truely contented and paid
content and pay to the same shirife his executors and assignes all the issues reuenues and profits of the sayd hundred whereof the certainties amount to the sūme of 4. li. by the confession of the sayd Bailife to be paid duely at the feast of Easter and Saint Michael the archangel next comming and also leuy content and pay to the shirife all such greene waxe pype siluer issues as the said shirife shall be charged within the said hundred and as shal be estreted out of the said baylie together to be paied to the said shyrife afore the said feast of S. Michael That then c. ¶ Acquitance made by one creditor OMnibus Christi fidelibus ad quos presens scriptum peruenerit I.K. salutem in domino sempiternam Cum. W. B. teneatur mihi praefato I. ac cuidam H. Long in decem libris sterling soluendum nobis aut vni nostrum ad diuersos terminos prout in quadam obligatione defesanc ' super eandem nobis inde confect ' plenius cōtinetur Noueritis me praefatum I. recepisse habuisse die confectionis presentium de prefato W. viginti solidos sterling in partem solutionis p̄dictar ' decē librarū viz. pro termino Natalis domini prox futurum de quibꝰ quidā xx s. fateor me fore solut ' dictumque W. heredes executores suos inde esse quietum exoneratum per presentes In cuius rei c. ¶ A short quitance for the farme of a benefice BE it knowne to all men by these presents that I T. C. parson of P. in the County of E. haue receiued and had the day of making hereof of I. L. x. l. sterling for the halfe yere farme of my sayd parsonage to me due at the feast of S. Michael tharchangel last past before the date hereof In witnesse whereof to this bill I haue set my scale Giuen the x. day of October c. ¶ Acquitance for the redemption of lands before sold conditionally BE it known vnto al men by these presents that I I. Long of London gent. haue receiued and had this present day at the Font stone in the Cathedrall Church of saint Paul in L. between the houres of one and foure of the clocke at afternoon of the same day of W. G. of S. in the Countie of Essex yeoman xl l. sterling for the redemption in full satisfaction of all and singuler those tenements with thappurtenances in the parish of S. and P. in the said County of Essex called N. and D. contained specified in a patre of Indentures of couenant bearing date the xvj day of Ianuary in the xxx yere c. made betweene the said W. G. on the one part and mee the said I. L. on the other part of for and concerning the bargaine and sale of all and singuler the said lands tenements conditionally as by the same Indentures thereof made more at large do appeare of the which xl l. in full payment and contentation as is abouesaid receiued I the said I. L. knowledge me well and truely contented satisfied paid and thereof and of euery parcell thereof I cleerely acquite and discharge the said W. G. his heires and executors by these presents In witnesse whereof to these presents I the said Iohn Long haue set to my seale the first day of March in the thirty yere of the c. ¶ A Defeasance vpon a Recognisancee taken by the chiefe Iustice of the Kings Bench or Common place NOuerint vniuersi per praesentes nos R. W. de D. in comitatu E. yeoman I. P. de D. in comitatu praedicto yeoman teneri firmiter obligari T.L. de B. in comitatu praedicto in centum libris sterlingorum soluendum eidem T. aut suo certo Atturnato hoc scriptum ostensuro haeredibus vel executoribus suis in festo omnium Sanctorū proximo futuro post datum praesentium Et si defecerimus in solutione praedicti debiti volumus concedimus quod tunc currat super nos vtrumque nostrum haeredes executores nostros poena in statuto Stapulae de debitis mercand ' in eadem empt recuperandis ordinata prouisa c. Datum decimo c. THis Indenture witnesseth that whereas R. W. of D in the Countie of Essex yeoman and I. P. of D. in the County aforesaid yeoman by a certaine Recognisance prouided for the recouery of debts taken recognised sealed before Sir E. Mountagne knight chiefe Iustice of the Kings bench bearing date the day of these presents stand and be iointly seuerally bound vnto T.L. of T. in the said County of Essex yeoman in the summe of one hundreth pounds sterling to be paied as in the same recognisance thereof made more plainly doth appeare Neuerthelesse the said T. for him his heires and executors willeth and granteth by these presents that if the said R. I. their heires executors or assignes or any of them do well and truely content and pay or cause to be contented paid vnto the foresaid T. his heires executors or assignes the summe of xl l. of good and lawfull money of England in manner and forme following that is to say at the feast of all Saints next comming after the date hereof v. l. at the dwelling house of the said T. wher he now inhabiteth and the first day of May then next following fiue pounds at the said house and so forth from yeare to yeare and halfe yere to halfe yeare at the least of all Saints and the first day of May next and immediatly ensuing another at the house of the said Thomas as is aforesaid fiue pounds vntill the said summe of xl pounds be fully contented paid That then the foresaid Recognisance to be vtterly void and of none effect And if default of paiment be made in any of the said payments in part or in all contrarie to the forme aforesaid thē the said R. and I. willeth and graunteth by these presents that the same Recognisance shall stand in full strength and vertue In witnesse whereof the said parties to these Indentures sunderly haue set to their Seales Giuen the xvij day of May c. ¶ An Indenture vpon the resignation of a benefice THis Indenture made the 3. day of Iune in the yere of our Lord God 1543. in the 35. yeare of the raigne of our Soueraigne Lord Henrie the 8. by the grace of God King of England France and Ireland defender of the faith and of the Church of England and also of Ireland and in earth Supreme head betweene Sir Simond B. late Parson of the parish Church and Parsonage of P. in the Countie of C. and in the dioces of Exeter on the one partie sir Iohn B. of P. aforesaid Priest on thother party witnesseth that where the said sir Simond at the instance of the said sir Iohn hath resigned his said parish church and parsonage into the Ordinaries hands of the same to the intent
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
said master nor without hee shall commit hurt vnto his said Master he shal not do or consent to be done to the value of xij d. by the yere or aboue but he to his power shal let or anon his Maister warne Tauerns of custome he shall not haunt but if it bee about his maisters busines there to be done At the dice cards or any other vnlawfull games he shall not play The goods of his said master inordinatly hee shall not wast nor them to any man lend without his masters licēce Matrimony with any woman within the sayd terme hee shal not contract nor espouse Nor from his seruice neither by day nor by night shal absent or prolong himselfe but as a true and faithfull seruant ought to behaue himselfe aswel in words as in deeds And the said W. vnto the said T. in the craft the which he vseth after the best maner that he can or may shall teach informe or cause to be taught and informed as much as to the said craft belongeth or in any wise appertaineth and in due maner to chastice him finding vnto his said seruant meat drinke linnen woollen hose shooes and al other things to him necessary or belonging to an apprentite of such craft to be found after the maner and custome of the city of London In witnesse whereof the parties aforesaid to these Indētures sunderly haue set to their seales Giuen the xxij day of September in the xxxij yeare of the raigne of king H. the viij c. ¶ An Indenture of marriage THis Indenture made c. Betwixt dame Anne of H. W. A. and R. M. c. of the one part and E.F. Esquier on the other part Witnesseth that it is couenanted condiscended and agreed betweene the said parties in manner and forme following that is to say The said E.F. couenanteth and graunteth that he by the sufferance of God shall marry and take to wife Elizabeth E. widdow daughter of the said Dame Anne late the wife of W.E. and his executrix and the same Elizabeth espouse and wed after the law of holy Church before the feast of S. Michael the archangel next comming if the same Eliz. will thereto agree likewise the said dame Anne W.A. and R. M couenanteth and graunteth and euery of them couenanteth and graunteth that the same Eliz. by the sufferance of Almighty God shall marry and take to husband the same E. F. and him espouse in law of holy Church before the feast of S. Michael tharchangell next comming if the said Elizabeth will therto agree For which marriage so had done and solemnized the said E. couenanteth granteth and agreeth that hee shall make or cause to be made vnto the said dame A. W.A. and R. M. c. on this side the feast of the Natiuitie of our Lord next cōming after the date hereof a good sure sufficient and lawfull estate or estates of and in the mannor of M. c. with thappurtenances in the countie of L. c. and all other lands and tenements rents seruices with thappurtenances which the same E. F. or any other to his vse hath haue or had in M. aforesayd be it by recoueries fines feoffem̄ts confirmation release deed or deeds enrolled with warrantie of the said E.F. of T. F. or I. F. or otherwise as shal be best aduised by the learned counsell of the said dame Anne W. A. c. at the costs charges of the said E.F. the same manor lands tenemēts c. with thappurtenances clerely discharged of al estates former bargaines sales recognisances all other charges whatsoeuer they be Except an annuitie of xl s. by yere granted to E. D. Esquire for the terme of his life and excepted also all such lāds as be in the iointures of M. late wife of I. F brother to the said E.F. and also except the rents seruices to the Lord of the fee thereof due accustomed And also the said E. shall further doe suffer to be done at al times on this side the feast of the Natiuity of our Lord afore rehearsed all euery such thing things that shall in likewise be aduised by the learned counsell of the said dame Anne W. c. for to make the said dame Anne and W. c. and their heirs sure of the said manor lands tenements and other the premisses with thappurtenances To haue and to hold the same manor and other the premisses with the appurtenances to the same dame Anne W.A. c. their heires to the vse of the said E.F. and Elizabeth and the heirs males of the bodie of the said G. by the said Elizabeth to bee begotten without impeachement of wast and for default of such issue to thuse of the said E.F. his heirs to perform his last will And that after the said marriage al persons seised of the said manor other the premisses shall stand and be seised thereof to the vse before rehersed ouer this the said E.F. couenāteth graunteth that if the said manor and other the premisses except before excepted be not of the cleere yearely value of a C. l. ouer all charges expences that the same E. at reasonable request of the said dame A. W.A. c. or any of thē shall make or cause to be made like sure estate or estates of and in other lands and tenements within the said county of as much clere yearely value as the sayd manor and other the premisses except before excepted is vnder lacked of the said yearely value of C. l. to the said dame Anne W. c. and their heires to the vse afore declared and also shal suffer the said Elizabeth at her libertie and pleasure to marry one Elizabeth E. her daughter and daughter and heire of the said W. E. to any person that it shal please her And to dispose such money and profits that shall fortune to be granted promised for the marriage of the sayd Elizabeth the daughter at the liberty pleasure of the foresaid Elizabeth the mother without contradiction let or disturbance of the said E. F. or any person by his commaundement procurement or assent And that the said E. shall not receiue or haue any money or reward for the said marriage Moreouer the said E. F. couenanteth and graunteth by these presents that if it fortune the said Eliz. the mother after the said mariage solemnized betweene her and the said E.F. to decease out of this world in the life of the same E. her husbād that then the said E. shal giue licence power and authoritie to the said Elizab. before her death to make a testament cōcerning her last will by the same testament to giue dispose at her pleasure of the goods cattels of the said E. F. amounting to the value of an C. l. sterling that the said E. F. shal suffer such persons as the said Eliz. shall name to haue
which hath right in the taile Fol. 33 A release made by the feoffees to one of them Fol. 33 A release made by him which had the land in Morgage Fol. 33 A release of dowrie made by a widow Fol. 33 A release made by the tenant for terme of yeares Fol. 33 ¶ A deed of sale with alienation A deed of a sale made by the executors by vertue of the testament of their testator Fol. 34 The forme of the same in English Fol. 34 An alienation of a reuersion Fol. 35 The forme of the same in English Fol. 35 A letter of atturney vpon the same alienation Fol. 35 The forme of the same in English Fol. 36 An alienation of free rent with homage and seruice Fol. 36 The forme of the same in English Fol. 36 A grant of annuitie of yearely rent with deliuerie of possession and seisin Fol. 36 The forme of the same in English Fol. 37 ¶ Of Surrenders ¶ A Surrender Fol. 37 The forme of the same in English Fol. 37 A partition betweene Sisters Fol. 38 The tenor of the same in English Fol. 38 Assignment of dowrie at the Church doore Fol. 38 The deed aforesaid in English Fol. 38 How the Copie should bee made of lands holden by the yard Fol. 39 An other forme for certain rent for all maner of seruice Fol. 39 A recognition of a tenant what he holdeth of the Lord. Fol. 39 The forme of a copie in auncient demesne where the proclamation should be had Fol. 40 The forme of a copie in auncient demesne where the wise shall be examined Fol. 40 An other forme for terme of life Fol. 40 An other forme vpon condition Fol. 40 An other maner of Surrender which is made vnto the Baily out of the Court Fol. 41 An other forme where the Lord graunted a copie of his speciall graunt Fol. 41 An other maner for terme of yeares where the Lord shall keepe reparations Fol. 41 An other maner where a man pretendeth a title and after realeaseth in the Court Fol. 41 A forme of a Copie where the heire is admitted to his landes after the death of his father Fol. 41 An other forme of a Copie where the landes were made intayled with a remainder ouer Fol. 42 An other maner of Copie for terme of life with diuers remainders ouer Fol. 42 A Surrender out of the Court and a remainder with a condition Fol. 42 A Supplication to be exempt from all maner Enquests and Iuries within the Lordship Fol. 42 ¶ Indentures of all sortes An Indenture of sale with a purchase Fol. 43 An Indenture of sale of Wood. Fol. 45 An Indenture of a bargaine of Wheat Fol. 45 An Indenture of setting ouer a Lease Fol. 46 An Indenture for the sale of a Reuersion Fol. 47 An other sale of a reuersiō in the maner of a deed in latin Fol. 48 An Indenture defeasance of a former sale of lands Fol. 48 An Indenture of sale of Copyhold lands Fol. 49 An Indenture for the farming of a Parsonage Fol. 50 An Indenture betweene Partners Fol. 51 An Indenture for a Prentice Fol. 52 An other for the same in English Fol. 53 An Indenture of Mariage Fol. 53 A formall Indenture of a plaine bargaine which is a good president in all common sales of lands Fol. 55 An Indenture of Partition of land diuided among Sisters Fol. 56 An Indenture of sale of Plate vpon a condition ' and in default of non repayment to retaine it for euer Fol. 57 ¶ An Award Fol. 57 ¶ Obligations ¶ The forme of making all kindes of Obligations Fol. 58 An Obligation where two are bound to twaine Fol. 58 Where three are bound to one Fol. 58 An Obligation where two owners of a Ship are bound to two Marchants Fol. 59 An Obligation where three are bound to the King and others Fol. 59 An Obligation of diuers dayes of payment with expressing of a forfait if default be made Fol. 59 A sure Obligation in case where the debtor is mistrusted for flying into Sanctuarie or beyond the Sea Fol. 59 ¶ Conditions of diuers sorts ¶ A Condition for performing of award in a matter of lands Fol. 60 A condition to deliuer Corne at a certain day and place Fol. 60 A condition to maintaine the possession in sale of lands Fol. 60 An other forme vpon the same Fol. 61 A condition for the warrantie of woad or any like thing Fol. 61 A condition vpon an Indenture of a Prenticeship Fol. 61 A condition where a man hath bought an others right and hath a letter of Atturney to sue for the same binding the seller c. Fol. 61 A condition for to keepe the Peace and to be of good abearing Fol. 62 A condition to warrant the sale of a Ship Fol. 62 A condition to cause a man to seale an Obligation by a certaine day Fol. 62 A condition to deliuer oyles by a day limited Fol. 62 A condition to make an estate to another by a certaine day Fol. 62 A condition to saue a man harmelesse that is bound for an other man by recognisance Fol. 63 A condition to pay a rent according to an Indenture of lease Fol. 63 A condition vpon an Indenture of sale to make good the summe Fol. 63 A condition in a ioynture to giue estate in certaine lands to the wife where there is none other Indenture made betweene the parties Fol. 63 A condition to performe a paire of Indentures Fol. 64 A condition to saue a man harmelesse being suertie for another in a simple obligation Fol. 64 A condition of the Peace for the good abearing Fol. 64 A condition to be a true prisoner Fol. 64 A condition for the sealing of acquitances or release of lands Fol. 64 ¶ Acquitances both in Latin and English ¶ An acquitance of a parcell of a summe Fol. 65 The forme of the same in English Fol. 65 Acquitance of annuitie Fol. 65 Acquitance of the Tenthes and Subsidie payed to the Collector Fol. 65 A generall quitance Fol. 65 The forme of the same in English Fol. 65 Acquitance made by a Vicar or Parson to the Proctors of his Vicarage or Parsonage Fol. 66 The forme of the same in English Fol. 66 Letters of Manumission for a bondman in Latin and English Fol. 66 The forme of the same letters of Manumission in English Fol. 67 Another forme of Manumission in English Fol. 67 ¶ To make diuers Letters of Attorney ¶ A generall Letter of Atturney to recouer debts Fol. 68 The forme of the same in English Fol. 68 A letter of atturney for speciall debt Fol. 68 A letter of atturney to deliuer possession of lands Fol. 69 A letter of atturney to receiue possession of lands Fol. 69 A letter of atturney generall and speciall in a matter of lands Fol. 69 A letter of atturney vpon a Patent Fol. 70 A like forme of a letter of atturney vpon a Patent in English Fol. 71 A letter of atturney in English Fol. 71
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
mortem dicti C. mihi p̄f. I.H. haeredibꝰ assignatis meis reuertere remanere discendere deberent statim immediate post mortem dictae Cicilliae integre remaner̄ praefat N.S. Habendum tenendum dictam reuersionem cum omnibus singulis p̄missis cum pertin̄ post mortem dict' C. hered ' assignat suis imperpetuum de capitalibꝰ dominis feodi illius per seruitia inde debita de iure consueta per presentes In cuius rei testimonium c. ¶ An Indenture defeasant of a former sale of Lands THis Indenture made c. betweene Sir Hugh R. of N. in the countie of S knight on the one party and R B. Citizen Mercer of London on the other party Witnesseth that where the sayd Sir H. by Indenture bearing date the xx day of Iune the xxxiij yeere of the raigne of our Soueraigne Lord king Henry the 8. c. made between the same sir Hugh on the one partie the said R. B. on the other partie for the summe of x. li. sterling to the same sir Hugh contented paied bargained and sold to the said R. all the two mesuages with the shops cellers follers wharfs and al other their appurtenances set and lying at London bridge foote in the parish of saint M. of London in one of the which two mesuages W. D. Grocer now dwelleth in the other of them R. S. now inhabiteth all other lands tenements and hereditamēts with the appurtenances which the said Sir H. or any to his vse then had within the same parish And also all the deeds euidences writings miniments concerning the same mesuages lands tenements and al other the premisses euery parcell of the same with diuers other clauses couenants and grants in the same Indentures specified contained as by the tenor thereof more plainely doth appeare Neuerthelesse the said R. for him his heires and assignes willeth and granteth by these presents to the said Sir H. and his executors that if the said Sir Hugh his heires or executors at any time within the space of 3. yeres next ensuing the dare hereof wel and truely content pay or cause to be contented and paid to the said K. lx li. sterling that then and from thencefoorth after such paiment made the said R. and his heires and all and singuler other persons now being seised or that hereafter shal be seised of the premisses or of any parcell thereof to the vse of the said R. and his heires shall stand be thereof seised to the only vse of the said sir H. and of his heires And also the said R. couenanteth and graunteth by these presents that he and his heires and all other persons seised to their vse of and in the premisses within the space of eight moneths next after such paiment made shal make or cause to be made vnto the foresaid sir H. and his heires or other at his or their denomination and their heires a good sure sufficient and lawfull estate of and in the said mesuages lands tenements and other the premisses with the appurtenances by deed fine feoffement release confirmation or otherwise as by the counsel learned of the said sir H. shal be aduised at the only costs and charges of the said sir H. in the law discharged of all former bargaines and sales statutes of the staple statutes marchant recognisances iointers dowries and of all other charges and incumbrances whatsoeuer they be made knowledged or grāted by the said R. his heires or the said other persons And the said R. couenanteth and graunteth by these presents that he within the space of one yere next after that the said estate be made shall deliuer or cause to be deliuered to the said sir H. or his heires all such euidences charters writings and muniments which he or any other to his vse to his knowledge hath then or afterward shall haue concerning the premisses and euery parcell of the same In witnesse c. ¶ An Indenture of sale of Copyhold lands THis Indenture made c. betweene M. R. widow late the wife of C. R. while he liued citizen and Tauerner of London T. R. sonne and heire apparant of the said T. on the one part and C. B. Serieant of the Law on the other part witnesseth that the said M. T. the sonne hath bargained and sold and by these presents clearely bargaineth and selleth to the said C. B. all that mesuage cellers sollers houses edifices gardens orchards and lands in Purney in the Countie of Surrey in the which the said T. the father dwelled occupied together with all easements commodities appurtenances to the same belonging apperteining whether they be freehold or copy-hold or whatsoeuer tenure they be of And the said M. and T. the sonne couenanteth graunteth for them and their heires to and with the said R. and his heires or him and other persons and their heires at the nomination of the sayd R. or his heirs to assure the said mesuage gardē yards orchards lands tenements other the premisses before the teast of Saint Andrew next comming by surrender thereof into the Lords hands to the vse of the said R. his heires or to the vse of him and other persons by him to be named to their heires or otherwise at the expences costes and charges in the Law of the said M. and T. the sonne or of one of them their executors or assignes And also at their like expences aswell for the Lords fine as for all other things shall cause the Lord of the mannor for the time being of whom the said mesuage and all other the premisses be holden to make a sure graunt seisin possession and deliuery of and in all and singuler the same to the said R. and his heires or to him and other persons at his nomination to their heires according to the laudable vse and custome of the same manor heretofore vsed And furthermore the said M. couenanteth graunteth that if the said R. or such persons at his nomination which shall haue the said mesuage lands tenements and other the premisses without couin or collusion be lawfully euicted dispossessed or disseised out of the said mesuage lands and tenements or in any part thereof by reason of any former right or title that any person hath to the same better than the said M. or T. the sonne or if that the said R. be not made sure of the premisses before the feast of Easter next comming That then the said R. and his heires shal immediately within the space of 3 moneths next after any such euiction dispossession or disseisin haue as much lands and tenements of the foresaid M. and T. which they or either of thē haue or had in their possession reuersion or vse at the election pleasure of the said R. as shall amount be of the cleare yeerely value of the said mesuage c. or of as much part therof as the foresaid R.
shal be so lawfully euicted disseised of or that shal not be assured to the said R. before the feast of Easter aboue rehearsed To haue to hold all singuler such lands tenements appurtenances which the foresaid R. shall in case aforesaid lawfully require chuse to him to his heires or to such other persons as he shal appoint in manner effect forme in as good assurance as he should haue had by vertue of this Indēture in the foresaid mesuage c. euery part parcell of the same And also the said M. bargaineth and selleth to the said R. all manner of stuffe goods hostilments implements to them and either of them pertaining and belonging being the same mesuage garden houses c. at the day of sealing of these presents And the said M. T. the sonne doth grant that they shal discharge the said lands and tenements of all arrerages of rents of all rents except the yerely rent of xij d. And that the said R. shall take the profits from the feast of S. Michael last past forward For which sale bargaine of all singuler the premisses on the part of the said M. T. the sonns to be obserued performed done the said R. hath contented paid to the said M. T xl li. of lawfull money of England whereof they holden them fully content and pleased And therefore acquite and discharge the said R. by these presents And ouer this the said R. couenanteth granteth and him and his executors by these presēts bindeth to the said M. and T. the sonne that he shall content and pay or cause to be cōtented paid to the said M. T. or their assignes lxxx li. of good lawful English money at such time and when the said R. or other persons at his nomination shal be made sure of the said mesuage and other the premisses in forme as is aforesaid on this side the feast of Easter next comming And the said R. couenanteth and granteth that if the said M. T. cause the said estate to be made to the said R. and his heires or to him other persons at his nomination in maner afore-rehearsed on this side the feast of Easter aboue mentioned that then an Obligation of the date hereof wherein the said M. T. the sonne stand bounden to the said R. in x. li. sterling shal be void and of none effect And that then the said R. shall deliuer the foresaid Obligation to the aboue named M and T to be cancelled In witnesse of all which couenants graunts and agreements c. An Indenture for farming of a Parsonage THis Indenture made betweene S. H. clerke Parson of the Parish Church of Saint I. in the Countie of Essex on the one partie and H. M. of D. in the same Countie clerke on the other partie Witnesseth that the said S. H. the day of making hereof hath graunted demised betaken letten to farme and by this Indenture doth demise graunt betake to farme let vnto the said I. all that his Church Parsonage of S. aforesaid with the māsion place belōging to the same And also all glebe lāds tythes fruits profits oblations obuentions commodities emoluments aduantages appurtenances to the said church parsonages belonging or in any wise appertaining except alway reserued to the said Parson his assignes only the tythe kids of al the said parish To haue and to hold all the foresaid Church and parsonage mansion with all singuler glebe lands edifices tithes fruits profits oblations obuentions cōmodities emolumēts aduantages appurtenances to the said Church Parsonage and mansion place in any wise pertaining and belonging except before excepted to the said I. to his executors and assignes from the feast of saint Iohn the Baptist next comming after the date hereof vnto the end and terme of iij. yeares from thence next insuing fully to be complete ended Yelding paying therfore yerely during the said terme to the said parson or his assignes viij li. of good lawful money of England at two termes of the yere that is to say at the feast of thannunciation of our Lady and saint Michael tharchangel by equall portions And if it shall happen the said yerely rent of viij li. to be behind vnpaid in part or in all ouer or after any terme of payment thereof aforesaid in which it ought to be paid by the space of viij weekes and lawfully asked and no sufficiēt distres then can be found there That then and at all times after it shal be lawful to the said parson his assignes into the said Church and Parsonage and al other the premisses with the appurtenances wholely to reenter and the same to haue againe retaine and repossesse as in his former estate and the said I. his executors assignes therof vtterly to expell put out and amoue This Indenture or any thing therein cōtained notwithstanding And the said S. couenāteth and granteth by this Indenture that he his executors or assigns the foresaid parsonage mansion places and houses before letten wel and sufficiently shal repaire sustaine maintaine and against wind raine shal make defensible when as often as need shall require during the said terme And the same I doth couenant and grant by these presents that he or his sufficient deputie shall well and duely serue the cure of the foresaid Church shal minister al Sacraments Sacramentals to the parishioners of the same at all times when as oftē as need shal require during the foresaid terme And also the foresaid I. at his owne cost expences shal beare pay al maner of ordinary charges paiments due going out of the said parsonage al other the premisses with the appurtenāces at al times during the foresaid terme And the said S. couenanteth graunteth by these presēts to beare pay al maner of extraordinary charges payments which shal be due going out of the said parsonage by all the foresaid terme of iij. yeeres The said I. his assignes shal maintain support al maner tithes offrings rights customes appertaining belonging to the said parsonage And the said S. H. couenāteth granteth by these presents that hee at no time during the said term shal not resigne permut nor by any other waies discharge or dismisse himselfe of the said benefice and appurtenances nor of any part or parcell of the same neither shall procure cause or suffer to be done any act or other thing which may or might in any wise be hurtful or preiudiciall to the said I. his executors or assignes in hauing and inioying of the foresaid parsonage other the premisses with the appurtenances til that the foresaid terme of yeres be vtterly ended and expyred In witnesse c. ¶ An Indenture made betweene partners THis Indenture made the v. day of March in the xxxviij yere of the raigne of king Henrie
doe the execution distribution of the same according to her mind pleasure And that after her decease the said E. F. shal giue deliuer pay execute to such persons as the same Eliz. shall bequeath appoint to haue any thing of the said E. goods extēding to the said summe of C. l. And the said dame A. W. A c. willeth granteth by these presents that if the said E. F. wel truely do wholy obserue performe keepe all and singuler couenāts grants promisses agreemēts afore rehersed on his part without deceit c. that then an Obligation of CC. li. bearing date c. wherein he standeth bound to the said dame A. c. be clearely void of none effect c. In witnes c. ¶ A formall Indenture of a plaine bargaine which is a good president in all common sales of Land THis Indenture made c. between A F. on the one party R. T of London Mercer on the other party witnesseth that the said A hath clerely bargained an sold and by these presents clerely bargaineth and selleth to the said R. T. the manor of L. with the appurtenances in the county of Sussex all lands tenements rents reuersions seruices medowes leasues woods waters mils parkes fields and fennes with all and singuler their appurtenances all maner profits gaines and aduantages arising vpon the same which he or any other person or persons to his vse hath haue or had in the townes parishes of Belton Buckley Roidon c. in the coūty of S. aforesaid To haue and to hold the said manor lands tenements and other the premisses with the appurtenances to the same K his heires and assignes for euermore And also the said A. hath bargained sold to the said R. T. all deeds charters euidences writings escripts munimēts which he or any other person or persons to his vse hath or haue concerning the premisses or any part or parcell of the same and the said euidences deeds charters c. couenanteth graunteth to deliuer to the said R. his heires or assignes on this side the feast of Al-Saints now next cōming or after as hee may conueniently obtaine and get them c. which manor lands tenements c. the said A. couenanteth and graunteth and also warranteth to be of the cleare yerely value of CC. l. sterling ouer and aboue al charges and reprises And that hee hath lawfull power and authoritie to bargaine and to sell the premisses to the said R. and his heires as afore is said also the said A couenanteth and granteth by these presents that he before the feast of Al-Saints now next comming shall make or cause for to be made to the said R. his heires and assignes vnto such persons and to their heires as the same R. shall name and assigne a good sure sufficient and lawfull estate in fee simple of and in the said manor lands tenements and other the premisses and appurtenances by fine feoffement recouery release confirmation deed or deeds enrolled with warranty or warranties or otherwise as by the learned counsell of the said R. his heires or assignes shall be aduised at the costes and charges onely in the Law of the said A. his heires or assignes discharged of all former bargaines and sales statutes recognisances annuities fees iointers dowers leases fines issues amerciaments condemnations iudgements executions intrusions and of all other incumbrances and charges whatsoeuer they be except the rents and seruices of the chiefe Lords of the fee thereof from henceforth due and accustomed to be paied And also the said A. couenanteth and graunteth to discharge the said R. of all arrerages of rents growing and being due before the date of these presents And ouer this the said A. couenanteth and graunteth that he and all other persons at any time seised to the vse of the said A. of and in the same manors c. shall at all times before the feast of c. in the yeare c. suffer and cause to be done and suffered all and euery such thing and things as shall be deuised by the counsel learned of the same R. with warranty of the same against all men without warranty of the said other persons for to make the same manors lands tenements c. sure to the said R. and his heires or such other persons to their heires as the same R. shall name appoint therevnto at the costes and charges in the law of the said A and his heires And that the same K. and his heires or the said other persons their heires whom the said R. shall thereunto assigne after the said estate had or made shall haue and inioy the same manor c. without any lawfull expulsion euiction or interruption of the said A or his heires or any person or persons by reason of any title had or growen before the date of these presents For which bargaine sale couenants graunts and agreements on the behalfe of the said A. to be performed obserued and done The said R. hath well and truely contented and paied in hand to the said A. before the date of these presents 3063. pounds of lawfull money of England in full contentation and payment of and in the said bargaine and sale other the premisses which said summe c. the said A. acknowledgeth himselfe fully contented and paied and thereof acquiteth c. In witnesse c. And if the money be not paid in hand ye must expresse the dayes of paiment of them and the clauses of the distresse or reentrie or any other penalties according to the couenants of the parties ¶ An Indenture of Particion of lands diuided among Sisters THis Indenture made the x. day c. Betweene P. W. citizen of London and Anne his wife one of the daughters and heires of W. R. late of London Mercer and one of the sisters and heires of T. R. which was sonne heire of the said W. R. when he liued on the one partie and I. R. widdow sister of the said Anne and an other of the daughters heires of the said W. R. and an other of the sisters and heires of the said T. R. and S. R. citizen and Mercer of London W. W. draper and I. B. draper which were of late infeoffed by the said I. of the moity of a great tenement or mesuage c. set and lying together in the Parish of Saint B. to the vse of the said I. her heires on the other partie Witnesseth that it is couenanted graunted condiscended and agreed betweene the said parties for a partition betweene them to be had and made of the inheritance of the said tenement and other the premisses in the said parish which discended to the said Anne Ioane in coparcenarie by and after the death of the said W. R. aswell daughters and heires of the said W. R. as sisters heires of the aboue named T. R. in maner and fourme ensuing First
of c. the said S. stood bound by statute of the Staple vnto the said R. C. and T. T. payable at the feast of c. then next c. which was in the yeare of our soueraigne L. King Henry the c. And to the intent that the same K. being a man of such honestie simplicitie as did neither suspect nor yet misdoubt the good cōsciēce of the said C. who alwais towards him had counterfaited such puritie of conscience so honest behauiour might the better by the help of the same T. come by his debt at the time to be due if he so long liued or els if he died that the said T. might be a stay sure meanes to his executors for the getting in of the same Hee the same R. trusted the said T. with the custodie of the said statute Soone after the making of which bargaine somewhat before the said least of c. the said R. deceased made your orator his executor therof by charging him aswel with the gathering in of al such summes of money as were due to the said testator as also with the paunent of all such debts as the said R. did owe. And so it is most gratious Lord that although your said beseechour hath diuers and sundry times since the decease of his said father required the said T. to haue the moitie of the said c. due to him by equitie conscience as executor vnto his said testator The said T. now declaring him what he is hauing no regard either to conscience common honestie nor yet to the trust he was put in minding if he can with what iniurie he careth not vtterly to debarre your said Orator frō the hauing thereof and he himselfe against al reason conscience to haue the said c. for nothing hath not only with many slight and subtill delaies lyngred and fooded your said Orator of long time from hauing the same but aso now lately hath plainly answered and affirmed that your said Orator shal haue no part nor peny thereof which if it should thus passe should bee both great incouraging to such corrupt conscioned persons stil to perseuer in such their lewd demeanor in the meane time turne to the great impouerishing of your said poore orator Wherefore may it please your honorable L. of your accustomed equity to inioyn the said T. that he repay vnto your said Orator the said c. moitie of the said c. if he haue receiued it of the sayd S. or if he haue not that he be no let to your said Orator to do therin what hee can for the obtaining getting in of the same And thus shall your said orator haue cause continually to pray for the prosperous estate of your good L. long to endure ¶ A Bill of complaint made for the recouering of euidence made by compulsion IN most humble wise complaining sheweth vnto your good Lordship your daily oratrix I. B. That whereas in the yere c. it chanced the husband of your said oratrix together with one c. ioyntly and seuerally to be bounden in a Recognisance of the sum of c. knowledged before your good Lordship in the Kings Malesties court of Chancery for the payment of c. payable at a certaine day now past vnto one c. for which summe not being paid at the day due the said c. hath sued execution against your said poore oratrices husband whereupon he was by the Shirife of c. arrested about c. past and by all the said space hath remained in the Kings Maiesties prison of Marshalsey to his great pain of body importable charges and in a maner vndoing both of him your poore oratrix their small children which piteous estate of his with himself lamenting after he had well considered he then consulted with himselfe for his best remedy in that behalfe and therewithall calling to his mind that hee had herein c. a kinsman and cosin called c. being of c. vnto whom your said or atrices husbād for the vicinitie of blood and abilitie of substance was bolder to make his moan for helpe in this his aduersitie than vnto any other but far contrary his expectation and against all humanitie whence your said oratrices poore husband looked most after succour thence he receiued not only least help but also most hurt for the said c. wel perceiuing the aduerse estate that your Oratrices poore husband was and is in which was the greedines of the Marchant for his money the earnest thought and care of your poore oratrix and her poore children and the great desire that her said poore husband had as any man would of libertie and discharge of trouble would by no meanes promise his help vnto her said poore husband herein vnles he would be content to bargain sell al his lands amounting to the yearely rent of c. vnto him the said c. for an annuitie of xx l. sterling to him during his life and for the summe of c. whereof c. to be paid in hand whereunto your said poore oratrices husband through the constraint of his said cause was compelled to agree and to enseale such writings as the said c. not long after had brought with him concerning the said bargaine nothing misdoubting of the said c. being his cosin but that hee should haue seased to none other couenants but onely to such as conscience would stand with at which time the same c. neither paied nor profered any peny of the said c. according to his couenant Which delay of paiment both against his promise and couenant after her said poore husband had considered and studied vpon and therewithall read ouer the couenants comprised in the said Indentures of this bargaine which indeed most honorable Lord were so parcially deuised for the behoofe of the said c. and againe so sore against your said poore oratrices husband as if the bargaine had taken effect had bin to the vtter vndoing of him her with all their heires for euer your said poore oratrices husband taking hold on that point that the said c. paid not the foresaid c. did at their next meeting renounce and say that he would not stād to the said couenants bargaine whereunto the said c. partly knowing in that hee had not payd nor profered this c. said before sufficient witnesse here ready to be sworne hee was contented howbeit he said that your said oratrices poore husband should pay for the making of the writings For the paiment whereof her said husband as then hauing no great store of money was fayne to giue him a gold ring in pledge to paythe scribe for writing of the same All this notwithstanding most honourable Lord that your said poore oratrices husband hath often sundry times since by many waies and means required the said writings concerning the said bargaine of the said c.