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A86255 The modern assurancer, or The clarks directory. Containing the practick part of the law, in the exact formes and draughts of all manner of presidents for bargaines, and sales, grants, feossments, bonds, bills, conditions, covenants, joyntures, indentures; to lead the uses of fines and recoveries, with good provisoes, covenants to stand seised, charter-parties for ships, leases, releases, surrenders, &c. And all other instruments and assurances now in use: intended for all young studients and practizers of the lavv. / By J.H. With an exact table wherein may be found the principall matters therein contained. Herne, John, fl. 1660. 1658 (1658) Wing H1573; Thomason E1825_1; ESTC R209811 252,283 306

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of the naturall life of the same D. for and in the name of her Joynture as aforesaid of the clear yearly value of sixty pounds of c. beyond all charges and re●prises and moreover the said A. C. the elder covenanteth c. That he the said A. C. the elder on this side the Feast of All-Saints now next coming if the said marriage betwixt the said A. the younger and D. shall in the mean time be had and they both do so long live shall and will convey and assure all the said scite c. and all other the Premisses and the reversion thereof and therewith so much other Lands and Tenements then to be by good and lawfull Title in the sole seisin of the said A. the elder as of his demesne in fee as together shall amount to the cleer yearely value of a hundred pounds of lawfull c. unto the said A.C. the younger and the heires males of his body on the body of the said D. lawfully to be begotten And that as well the Scite Mannor Messuage and other the Premisses as also the said other lands and tenements so therewith to be conveyed and assurred as aforesaid from the time of the making of the said conveyance therof assurance shall be and stand to the said A. the younger and the heirs male of his body on the body of the said D. lawfully to be begotten cleer and free discharged and acquitted or otherwise by the said A. the elder and his heires sufficiently saved harmlesse of and from all former Grants Bargains Sales Estates and Incumbrances whatsoever had or made or to be had or made by the said A. the elder or his heires Leases for term of yeares made of the Premisses or any part thereof whereupon the old accustomed rents are reserved to be yearly payable to the said A. the elder and his heires onely except and foreprised In witnesse c. An Indenture for a Womans Joynture in Land without clause Nota if the Joynture had been made before marriage the Wife then could not claim Dower that if after the Husbands death she forsake her Joynture and seek her Dower at the Common Law this Joynture to be void THis Indenture c. between Sir G. S of W in the County of S. Knight on the one part and E.G. c. J.F. c. H. B. and H. G. the younger c. on the other part witnesseth That the said Sir G. S. for and in consideration of the hearty love and affection which he beareth to Dame D. Consideration of money in marriage and performance of former covenants now wife of the said Sir G. and one of the daughters of the said E.G. and also in consideration of the summe of one thousand pounds of c. paid and delivered to the said Sir G. by the said E.G. before the making and sealing of these presents for the preferment in marriage of the said Dame D. And for and in consideration of the performance and fulfilling of certain Grants Promises and Agreements heretofore had made and done between the said Sir G. on the one part and the said E. G. and H. G. on the other part doth covenant grant and agree for him Covenant by a day to grant by deed certaine Mannors c. his Heires and Executors to and with the said E.G. J. F. H. B. and H. G. their Heires Executors and administrators and every of them that he the said Sir G. before the tenth day of Aprill next coming after the date hereof shall by his sufficient Deed in writing under his hand and seale give grant and confirm to the said E. J H and H. their heires and assignes all that the Mannor of W. in the County of S. with all the rights members and appurtenances thereunto belonging and the Park adjoyning to the said house commonly called W. Park and also the Mannor of A. alias A. in the said County with all the rights members and appurtenances to the same belonging And all and singular Messuage Lands Tenements Meadowes Pastures Leasures Feedings Waters Fishing Deer Game of Conies Rents Reversions Services Escheats Waifs Straies Fines Amerciaments Heriots Wards Marriages Reliefs Leets and Profits of Courts and all other Profits Advantages Emoluments Liberties Franchises Priviledges and Jurisdictions and all other Hereditaments whatsoever within the Townes Parishes and Fields of W. A alias A. aforesaid or in either of them or elsewhere in any other place or places to the said Mannors of W. A. alias A. and to the said Park or to any of them belonging or in any wise appertaining or being accepted known reputed or taken as part parcell or member of the said Mannors Park or any of them or so being usually occupied demised or letten and all that his Capitall Messuage or Mansion house scituate and being neer C. Lane neer to the City of L. with all Rooms Buildings Gardens Easements and Commodities to the same belonging or appertaining And also all that his Messuage or Tenement called the D. and all the Houses Builddings Gardens Grounds Tenements void Rooms and Cellars with the appurtenances which the said Sir G. hath scituate lying and being at the S. in the Parish of Saint C. without the Bars of the Inner Temple of L. aforesaid and all and singular the reversion and reversions of all the said Mannors of W. and A. and of either of them with their appurt and of the said Park Messuage Lands and Tenements aforesaid with their appurtenances and of all and every the Premisses with the appurtenances To have hold and enjoy the said Mannors of W. Habendum and A. with the appurtenances and all and every the Premisses before mentioned and the reversion and reversions of the same unto the said E. J. H. and H. their Heires and Assignes for ever to the uses hereafter expressed and to no other use intent or purpose To the use c. first of the Husband then of the Wife and after of the husbands heires that is to say To the use of the said Sir G. for and during the term of his naturall life without impeachment of Wast and after his decease to the use of the said Dame D. during her naturall life and for and in the name of part of the Joynture of the said Dame D. and after her decease to the use of the right heires of the said Sir E.G. for ever Covenants for discharge of incumbrances And the said Sir G. covenanteth c. to and with the said E. and H.G. c. That all and every the said Mannors Lands Tenements Messuages and Hereditaments with their appurtenances and all and every other the Premisses covenanted and expressed to be granted and the reversion and reversions of the same and every part and parcell of the same at the time of the said Gift grant and assurance so to be made shall be and from henceforth shall continue cleerly and freely acquitted exonerated and discharged or at all
THE MODERN ASSURANCER OR THE CLARKS DIRECTORY Containing the PRACTICK PART of the LAW in the exact Formes and Draughts of all manner of Presidents for Bargaines and Sales Grants Feoffments Bonds Bills Conditions Covenants Joyntures Indentures to lead the Uses of Fines and Recoveries with good Provisoes Covenants to stand seised Charter-Parties for Ships Leases Releases Surrenders c. And all other Instruments and Assurances now in use Intended for all young Studients and Practizers of the LAVV. By J.H. With an exact Table wherein may be found the principall Matters therein contained LONDON Printed for Henry Twyford and are to be sold at his Shop in Vine-Court Middle-Temple and Nath. Brook at the Angel in Cornhill 1658. THE MODERN ASSURANCER OR THE CLARKS DIRECTORY Containing the Practick Part of the LAW in the exact Formes and Draughts of all manner of Presidents Printed for H Twyford N Brooks 1658. TO THE READER THere are many Books of Presidents of Conveyances Assurances and Instruments now extant which indeed are very good and usefull in their severall natures and kinds But there being no Peice so contrived as to contain in it self all manner of Instruments I was desired by severall persons to make an exact Collection of some Presidents of every sort so that with this Book and my former Collections Intituled the Conveyancers Light you might be sufficiently furnished with perfect Presidents fitted for every purpose without the trouble of turning over other Books And the same are so Methodically disposed under particular Heads that you may out of the same extract any Grant Covenant Proviso Article Condition Agreement or any other thing as your Case shall require And by the means aforesaid you may find both Matter and Forme to compose perfect and compleat any Instrument whatsoever And the Formes that are here put for Conditions of Bonds may w th much ease be turned into Provisoes Conditions or Covenants as occasion shall require I shall add no more but hoping that these my Endeavours will answer thy Expectation I leave them to thy Candid Censure John Herne THE MODERNE ASSURANCERS STUDY opened Being a Collection of all manner of ASSURANCES now in use both absolute and Conditionall Articles of Agreement Articles of Agreement upon a marriage ARTICLES Indented of Agreement concluded upon between I. Q. of Graies-Inne in the County of M. Esquire W. R. of C. in the County of M. Esquire W. Q. Citiz●n and Mereer of L. and R. B. Citizen and Draper of L. aforesaid on the one party And W. B. Citizen and Haberdasher of L. on the other party of for and concerning a marriage to be had and solemnized by Gods grace between the said W. B. and I. Q one of the Daughters and Orphants of I. Q late Citizen c. The which said Articles being agreed and fully concluded upon between the said parties first above mentioned the eight and twentieth of January in the year c. do hereafter insue in manner and form following That is to say First the said W. B. doth faithfully agree promise and conclude to and with the said I. Q. W. R. W. Q. and R. B. That he the said W. B. shall by Gods grace before the 25. of June next coming take to wife the said I. Q. if she will thereunto consent and agree Item the same W. B. doth promise conclude and agree in manner and forme aforesaid That he shall before the end of Easter term next ensuing together with his brethren H. B. and B. B. levy a Fine unto such persons as shall be named by the said I. Q. W. R. W. Q. and R B. The which Fine shall be Sur Conusans de droit come ceo c. of Lands Tenements and Hereditaments in the County of the clear yearly value of fifty pounds of c. over and above all charges and reprises The which Cognizees in the same Fines and their Heires shall be seised of the said Lands Tenements and Hereditaments comprized in the said Fine from the time of the celebration of Matrimony between the said W. and I. to the use and behoof of the said W. B. and I. and of the heires males of the body of the said W. B. to be begotten of the body of the said I. and for lack of such issue then to the use of the said W. B. and of the heires males of his body lawfully begotten And for lack of such issue to the uses intents and true meaning of an entail thereof made by one H.B. deceased Father of the same W. B. Item the same W. B. doth promise conclude and agree in manner and form abovesaid That he shall and will within the time and space of foure yeares next ensuing the date hereof purchase obtaine and procure Lands Tenements and Hereditaments of the clear and yearly value of fifty pounds by the year above all charges and reprises to be lawfully assured and conveyed unto him the said W. and to the said I. and to the heires males c. upon the body of the said I. to be begotten with the remainder of the same Lands Tenements and Hereditaments to the said W. B. and his heires for ever And if it fortune that the said W. B. doe decease within the said foure yeares now next ensuing as aforesaid and before that he have purchased obtained and procured Lands Tenements and Hereditaments to the clear yearly value of fifty pounds by the year in manner and forme above rehearsed Then shall the said W. B. leave give and bequeath unto the said I. by his last Will and Testament or otherwise the full and entire sum of six hundred pounds of c. over and besides such part and portion as she the same I. may justly and lawfully claim and challenge by the most laudable and ancient custome of the City of London Item the same W. B. is pleased and contented That if the same I. shall fortune to decease before him the said W. B. That then it shall and may be lawfull for the said I. by her last Will and Testament to give and bequeath the full summe of two hundred pounds of c. to what person or persons it shall best stand with the likeing good will and pleasure of her the said I. And the same W. B. doth most faithfully promise and agree to content and pay the same summe of two hundred pounds to such person and persons as to whom she the said I. shall in manner and forme aforesaid will bequeath name or appoint the same to be paid within three moneths next after her decease any Law or usage to the contrary notwithstanding Item the said W.B. doth by these presents for him and his Executors promise and agree in manner and form aforesaid That if after such time as the full portion legacy or childs part being due unto her the said I. be contented and paid unto the said W. B. There fortune any debt or bond to appeare to be lawfully due to any person or persons by the
every such further act and acts thing and things assurance and assurances in the Law with warranty onely of the said A. the elder against him and his heires or otherwise without warranty As by the said H. and E. their Heires or Assignes or their learned Councell shall be reasonably devised or advised for the further better and more perfect assurance surety and sure making of all and singular the Premisses with their Appurtenances to be had and made sure onely to the severall uses and behoofs above mentioned In witnesse c. An Indenture of Covenants between the Fathers of a man and woman to be marryed where each covenanteth to assure them Land and money of equall quantity by a day and where each is to allow them more Land a peece at their decease THis Indenture c. Between T. W. of B. in the County of S. Clothier on the one part And M. W. of K. in the County of W. Clothier on the one part witnesseth Thet for and in consideration of marriage to be had solemnised and consumnate between R.W. Son and Heire of the said M and E. W. eldest Daughter of the said R. W. It is covenanted granted concluded and agreed between the said parties to these Presents in manner and forme following That is to say Consideration of marriage The said M. for him his heires Executors and Administrators doth covenant and grant to and with the said T. W. his Executors and Administrators by these Presents That the said R W. by Gods favour shall marry and take to his wife the said E. W. and her espouse wed according to the law of God and use of the Church of England Each of the fathers covenant that the children shall marry by a day on this side the first day of May which shall be in the year of our Lord God c. If the same E. will thereunto agree And in like manner the said T. W. for him c. doth covenant with the said M c. that the said E. W. by Gods favour shall marry and take to her Husband the said R. W. and him espouse and wed according to the Law and use aforesaid on this side and before the first day of May which shall be c. if the said R. will thereunto agree And in further Consideration of the said marriage so betwixt the said R. and E. to be had and consumate as aforesaid The said M. for himselfe his Heires Executors and Administrators doth further covenant grant and promise to with the said T. his Ex. and Adm. by these Presents in manner and forme following that is to say The husbands Father covenanteth to assure Land by a day That he the said M. on this side the first day of May above named shall and will at his own charges and expences make and execute or cause to be made and executed to the said R. and E. and to the Heires of the said R. or to some other person or persons and their heires such estate and conveyance or estates and conveyances of Lands Tenements and Hereditaments in the County of G. to the clear yearly value of twenty pounds above all reprises and whereof the said M. at the time of the making and executing of the said estates and conveyances shall be lawfully seised in his demesne as of fee simple so as by force of the same estates and conveyances of the said R. and E. immediatly from and after the time of their said enter marriage shall and may lawfully have and hold all the said Lands Tenements and Hereditaments and take the yearly profits thereof of the clear yearly value aforesaid To uses to the onely use of the same R. and E. for and during tht terme of their naturall lives and the terme of the naturall life of the longer liver of them And so as after the decease of the said R. and E. the said Lands Tenements or Hereditaments by force of the said Estates or Conveyances shall or may lawfully descend and come to the heirs of the body of the same R. lawfully to be begotten And for lack of such issue the same Lands Tenements and Hereditaments to revert to the said M. W. and to the right heires of the same M. for ever without any condition in or upon any of the said estates or conveyances to be made to the contrary in any wise And that at the time of the making and executing of the estates and conveyances aforesaid Discharge of Incumbrances the said Lands Tenements and Hereditaments shall be and from thenceforth shall contiue from time to time at all times to the said R. and E. and to the heires of the body of the same R. cleare and free discharged and acquitted or saved harmlesse from all former estates titles conveyances grants charges and encumbrances whatsoever had made or agreed unto or to be had made or agreed unto by the said M.W. which shall or in any wise may be prejudiciall to the said estates and conveyances to be made to the uses above specified or to the clear yearly value abovesaid And further that the said M.W. at the time of his decease if the said R. W. his Son or any issue of his body of the body of the said E. lawfully to be begotten shall then be living The Father to convey other Lands at his decease shall and will over and above the Premisses leave other Lands Tenements and Hereditaments whereof the said M in his life time by good conveyance in the Law shall be seised in his demesne as of fee simple which also shall be and may reasonably continue of the clear yearly value of other twenty pounds above all yearly rents and reprises and whereof the said M. in his life time shall have made and conveyed such estates and conveyances as that by due course and force of the Lawes of this Realme the said Lands Tenements and Hereditaments of the said clear yearly value of twenty pounds and clear and free from all former grants estates charges and encumbrances made done or knowledged or to be made done or knowledged by the said M. W. and M his wife or by either of them shall immediatly by and after the decease of the said M. and M. his wife lawfully and rightfully descend come and fall to the said R. and E. and to the Survivor of them and to the Heires of the body of the same R. to the onely use and behoof of the said R. and E. and of the Survivor of them for the terme of their naturall lives and the terme of the naturall life of the longer liver of them and after their deceases to the use of the heires of the body of the said R. lawfully to be begotten The Reversion of the Premisses to be to the right heires of the said M. for ever And moreover that he the said M. his Exec. or Adm. at the day of the solemnization of the said marriage between the said R.
uses and intents and under the Provisoes and Conditions hereafter mentioned That is to say of the Mannor of B. and of all and singular the appurtenan to the same belonging to the use of said Sir G S for the term of his life To the uses following Of the Mannor of B. to the uses of Sir G and his wife for life after to H S after to a second third fourth and fifth Son without impeachment of Wast and of the said Mannor of B. with all singular the app to the use of the said Sir G and Dame D for the terme of their lives and of the longer liver of them without impeachment of Waste during the life of the said Sir G and after the decease of the said Sir G. then of the said Mannor of B with all and singular the appurtenances to the use of the said H. S. and of the Heires of his body lawfully begotten and for default of such Issue then to the use of the second Issue Male of the body of the said Sir G and Dame D. between them lawfully to be begotten and for default of such Issue to the third Issue Male of the body of the said Sir G. and Dame D. lawfully begotten and to the Heires of his body lawfully begotten and for default of such Issue then to the use of the fourth Issue Male of the body of the said Sir G and Dame D and to the heires of his body lawfully begotten and for default of such then to the use of the fifth issue male of the body of the said Sir G. and Dame D. lawfully begotten and for default of such Issue then to the use of the right heires of the said Sir G. for ever And of the said Mannor of C. Of the Mannor of C. to the uses of c. with all and singular the appurtenances to the use of the said Sir G. and Dame D. his wife without impeachment of Waste during the life of the said Sir G. and after their deceases then to the use of the said H S and of the heires of the body of the said H. lawfully to be begotten and for default of such issue to the use of the second Issue male of the body of the said Sir G and Dame D between them to be begotten and to the Heires of the body of the same second Son lawfully to be begotten and so to three more Issue males one after another And for lack of such Issue then to the use of the right heires of the said Sir G.S. for ever Proviso to determine their estates who go about to discontinue the Estate taile other then Ioyntures to wives or Leases c. Provided alwaies and it is covenanted concluded and agreed by and between the said parties to these presents for them and their heires by these present Indentures That if the said H S or any Issue of his body lawfully to be begotten or any other such Issue male as aforesaid to be begotten of the bodies of the said Sir G and Dame D or any Issue of the body of any such Issue male shall at any time after he or they or any of them shall be in possession of the said premisses or of any part thereof or receive or take any Issues or profits of the said Premisses or any part thereof intend agree or go about to do and execute or willingly or wittingly to suffer to be done or executed any act or thing whereby the Estates before limitted or appointed of and in the said Mannors Lands or Tenements or any part thereof shall be discontinued recovered barred cut off or avoided or altogether altered or changed unlesse it be for the making or granting of any of these estates hereafter mentioned and then also for the termes and times hereafter mentioned and for no longer That is to say for a Joynture or Joyntures to be made to such as the said H. or any of the said issues before mentioned shall take to his lawfull wife for the terme of life or lives of such wife or wives onely or for the preferment of the younger Sons or of the Daughters of some of the said issues So that the estates so to be made for the preferment of the said Sons and Daughters be not to continue above ten yeares at the most or for the help or relief of any of the said Issues when they or any of them shall be compelled to go serve the Kings Majesty or any his Heires or Successors in the Wars or for Grants by Copies of Court-rolls according to the customes of the severall Mannors Leases or Demises for and during one and twenty yeares or for two or three lives at the most from the time of the making of any such Lease or Demise of Lands unusually letten upon which Grants Leases and Estates so to be made and granted other then of the estates made for the Joyntures aforesaid or for the preferment of the said younger Children or Daughters the old accustomed Rents or more shall be reserved to be paid yearely during the continuance of the said Leases and Estates to those in reversion of the said premisses according to the Estates and limitations before in these presents mentioned and appointed that then and after plain and due proof of the said intendment agreement and going about had and made the estate right title and interest of the said person so intending agreeing and going about shall from the time of the said intending and agreement cease and determine And that then and from thenceforth the said E. I. H. and H. The use of the Premisses to descend to the next issue limited by these presents and the Survivors of them and their heires and every other person having claiming or pretending to have any estate right title or interest of in and to the premisses or any part thereof shall stand and be seised of all and singular the said premisses with the appurtenances to the use of the next issue to whom the said Mannors Lands and Tenements are limited and appointed by these presents to descend remain or come as if the said person that so intendeth or goeth about to do or suffer to be done as is aforesaid at the time of the said intendment agreement or going about had been dead and departed this present life and to the use of the Heires of the body of the said Issue lawfully begotten under like condition as aforesaid Provided moreover Proviso that if the Assurer be minded to sell the Mannor of B. then to assure other Lands in lieu thereof and to the uses aforesaid and the Trustees to stand seised to the use of the Purchasor and it is further agreed between the said parties to these presents That if the said Sir G.S. at any time during his naturall life shall be minded or disposed to bargain sell or convey away the said Mannor of B. with the appurtenances and in lieu and place thereof to convey and assure so much