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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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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
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
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
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
granteth to and with the said Masters and Wardens their successors by these presents that he the same R. S. his executors and assignes at his and their proper costs and charges the said mesuage or tenement and other the premisses aboue letten with thappurtenances with the pauements and wydraughts of the same in and by all things well and sufficiently shall repaire sustaine maintaine scoure and clense as often as need shall require during the said terme and the same so repaired scoured clensed and all glasse windowes yron doores lockes and keyes as it is thereof and therewith now fully furnished and garnished at the end of the same terme shall leaue and yeeld vp And it shal be lawful to the said Master Wardens and their successors at all times during the said terme at their libertie and pleasure to come and enter into the said mesuage or tenement and other the premisses aboue letten with thappurtenances and euery parcell thereof there to view and search what reparations shall bee needfull to be made and done and vpon such view and search had the said R. S. for him his executors and assignes conenanteth and graunteth to and with the said Master and Wardens and their successors by these presents that the same R. his executors and assignes at his and their proper costs and charges shall during the sayd terme within one quarter of a yeare next after motion and knowledge to him or them giuen by the said Master and Wardens or their successors well and sufficiently from time to time repaire and amend all such defaults and lackes of reparations as there shall happen to bee found And that the same R. his executors and assignes during the said terme shall peaceably and quietly permit and suffer the said T. W. and all other tenants of the said fraternitie dwelling there about to haue vse and enioy all such lights penthouses and other easements as now be and appertayne to their seuerall tenements or mansions without any stopping darkning empairing or breaking hurting or diminishing and without let interruption or disturbance of the same R. his executors or assignes or of any other person or persons by his or their commaundement or procurement And it shall not bee lawfull to the said R S. his executors nor assignes to bargaine grant alien let or set his lease interest or terme of and in the said mesuage and other the premisses aboue letten nor any parcell thereof to any person or persons during the said terme but onely at will from yeare to yeare without the consent agreement of the said Master and Wardens or their successors first had and obtained in writing vnder the common seale of the said fraternitie And the said Maister and Wardens for them their successours couenant and graunt to and with the said R. S. his executors and assignes by these presents that the same Master Wardens and their successors at their proper costs and charges shal beare and pay all manner quite rents if any such bee due or to be due and going out of and for the said mesuage and tenement and other the premisses aboue letten during the said terme and therefore shall acquite discharge and saue harmeles the said R. S. his executors assignes during the said term by these presents And the said Master and Wardens for them and their successors couenant grant to and with the said R. S. by these presents that if the same R. his executors and assignes wel and truely keepe performe and fulfill all and euerie the couenants graunts agreements articles paiments aboue rehearsed which on his or their part are to be holden performed fulfilled and kept then an obligation of the date hereof wherein the said R. S. stādeth and is bound to the said Master wardens and their successors in the summe of xl poundes sterling shall be void and of none effect In witnesse whereof to the one part of this Indenture remaining with the said Master and Wardens their successors the said Richard Simon hath put his seale and to the other part of the same Indenture remaining with the same R. the said Master wardens haue put their common seale of the said Fraternitie Giuen the day and yere aboue written ¶ A copie of a Lease made by a Parson of a parish Church of his Parsonage THis Indenture made the xx day of March in the c. Betweene I. C. Deane of the Colledge of Saint S. in the county of M. and parson of the parish Church of G. within the lordship of G. in N. of the one partie and T. B. Gentleman of the other party Witnesseth that the said I. C Parson of the parish aforesaid hath demised graunted and by these presents for him and his successors parsons of the same parish church demiseth graunteth to ferme letteth vnto the said T. B. all the foresaid parish Church and parsonage of G. aforesaid and all that the mansion place of the said Parsonage with all houses barnes stables and other edifices thereunto in any manner wise appertayning or belonging together with all glebe lands and all other lands tenements rents reuersions seruices tithes portions annuities free chappels oblations offerings fruits obuentions emoluments commodities profits casualties and aduantages to the said parish Church and parsonage and either of them or to the said I. C. by reason thereof in any maner wise appertaining or belonging Except reserued vnto the said I. C. his successors parsons there during for such time only as the same I. C. or his successors parsons there shall bee parsonally resident abiding on the said parsonage these parcels of the premisses hereafter following that is to say the hall a great chamber ouer the same hal the buttery the larder the kitchin with al chambers ouer the same kitchin buttery larder together with a stable parcell of the premisses To haue and to hold al the said parish church and parsonage and all other the premisses with all and singuler their appurtenances aboue letten except in manner and forme before excepted vnto the said T. B. his executors and assignes from the feast of the Annunciation of our Lady saint Mary next comming after the date of these present Indentures vnto the end and terme of xxi yeres then next immediatly following and fully frō henceforth to be complet ended Yeelding and paying therefore yerely during the said terme of xxi yeres vnto the said I. C. and to his successors Parsons of the said Church one yerely rent of lxxx li. of good and lawful money of England to be paid yerely at two termes in the yere that is to say at the feast of Saint Michael the Archangel and the Annuntiation of our Ladie Saint Marie by euen portions or within twenty daies next and immediatly ensuing either of the same feasts which said yerely rent of lxxx ii the said T. B. couenanteth granteth by these presents to and with the said I. C. truely to content and
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.
Canons and their successors during the said terme Also the said A. couenanteth and granteth for him c. to make payment at and within the sayd Colledge of the said yerely rent of lxxx poūds equally at the termes of paiment before specified to the hands of the Treasorers of the said Colledge at his owne proper costes charges without allowance taking for the same during the sayd terme And the said Deane Canons for them their successors do couenant and graunt by these presents that the acquitances made sealed signed by the Treasorers of the said Colledge or by eyther of them to the said A. or to his executors or his assignes for the payment of the same yearely rent or any part or parcell thereof in maner and forme before mentioned shall be a good sure and sufficient warrant and discharge vnto the said A. his executors and assignes and to his or their deputie or deputies for the payment thereof And if it happen that the said yearely rent of lxxx li. be behind vnpaid in part or in all after any feast of payment before specified by the space of ten weekes that then it shall be lawfull to the said Deane c. in the said Manors and Lordships and into all and singuler the premisses with their appurtenāces to enter to distrain the distres there so taken to driue lead cary away them to withhold and keepe vntill the said yerely rent euery part thereof with tharrerages if any be vnto the said Deane c. be fully satisfied contented paid And if it happen the said yerely rent of lxxx li. to be behind vnpaid in part or in all after any of the feasts of payment before mentioned by the space of iii. moneths that then it shal be lawful vnto the said Deane Canons to their successors into all singuler the premisses their appurtenances in euery parcel thereof to reenter them to haue againe repossesse as in their former state and the said A. his executors assignes from thence vtterly to expell and amoue for euermore This Indenture or any thing therein contained to the contrary in any wise notwithstanding And the said Deane Canons couenanten granten for them their successors to with the said A. his executors or assignes that if the said A. his executors or assignes shall happen at any time hereafter to be euicted or dispossessed of any of the premisses or any part or parcell thereof without couin or fraud on the part of the said A. his executors c. that then the said rent of lxxx li. sterling shal be apportioned diminished accordingly after such rate portion as the quality and value of the said lands and tenements rents hereditaments and other dueties parcell of the premisses so euicted or taken from the possession or occupation of the said A. his executors or assignes shall amount or arise vnto And that it shall be lawfull vnto the said A. his executors or assignes to defaulk so much of his rent at euery of the said paiments This Indenture c. notwithstanding Also furthermore the said Deane and Canons couenanten and graunten for them c. to do cause suffer to be done all and singuler such thing and things act acts as shall be at any time or times hereafter deuised or aduised by the counsel learned of the said A. D. his executors or assigns by what waies or meanes soeuer it be for the further assurance and full perfit suerty of all and singuler the premisses and euery part and parcell thereof if this graunt and lease be not lawfull perfit and sufficient to be had and made vnto the said A. D. his executors or assignes for all the whole terme and interest aboue specified or for any part or parcell thereof in maner and forme aforesaid vpon conuenient notice request thereof giuen made vnto the said Deane Canons or to any of their successors by the said A. his executors or assignes at the costs in the law of the said A. his executors or assignes And the said A. couenanteth graunteth to and with the said Deane c. to find house lodging meat stable hay and prouender for the horses of the said Deane Canons other comming with him or them in progresse once in the yeare by the space of two dayes and two nights the sayd Deane and Canons and their successors paying reasonably for onely meate and drinke so prouided during the terme aforesaid And further the said A. couenanteth granteth for him c. that he his executors and assignes shall at the end and terme of euery xij yeres during the said terme deliuer or cause to be deliuered vnto the said Deane c. the Court Rolles well and truely ingrossed in parchment at his their costes and charges of such courts as shall be kept in the said manors of T and C. during any of the sayd xij yeres And also at the end of euery such xij yeres he the said A. his executors or assignes shall as neere as they can deliuer or cause to be deliuered to the said Deane c. in maner before rehearsed a true Terrar of all the lands tenements rents and seruices being parcell or any wise appertayning to the said manors And the said Deane Canons couenanten and graunten for them c. that they shall deliuer or cause to be deliuered to the said A. c. at such times as they shal be therevnto required one or two of their most true terrars wherby the said A. his executors or assignes may the better come to knowledge of all the said lands tenements rents and seruices appertayning to the said manors And the said Deane and Canons and their successors all the said manors or Lordships and all other the premisses before letten with all and singuler their appurtenances except before excepted vnto the said A. his executors and assignes for the said yearely rent in maner and forme before declared against all people shall warrant and defend during the said terme by these presents And also where the said A. standeth bounden vnto the said Deane Canons and their successors by their deed obligatory bearing date of these presents in the summe of one hundred pounds sterling the said Deane and Canons couenanten graunten for them and their successors to and with the said A. his executors administrators or assignes that if the said A. his executors administrators or assignes do well truely obserue performe fulfill and keepe all singuler such couenants graunts promises articles and agreements comprised in this Indenture which on the one part and behalfe of the said A. his executors administrators or assignes ought to be obserued performed fulfilled kept that then the said deed obligatory to be void and of none effect or else to stand in his full strength and vertue In witnesse whereof to the one part of these Indentures with
the said A. remayning the said Master Deane and Canons haue set their common Seale and to the other part of these Indentures with the said Master Deane and Canons remayning the said A. hath set his seale Giuen the day yere aboue written ¶ The forme of a lease of a Brewhouse or such like thing THis Indenture made c. Betweene A. B. of London Grocer on the one party and C.D. of the same Brewer on the other party Witnesseth that the said A. B. hath demised graunted and to farme letten to the foresayd C. D. all that his Brewhouse with all and singuler the appurtenances called N. set lying and being in F. in the parish of c. betweene the tenement pertayning to our soueraigne Lord the king now in the holding of I.K. on the east part and a tenement pertayning c. on the north part c. together with al maner vessels and vtensils to the said Brewhouse belonging or in any maner wise appertaining that is to say two horse Mils price x. s. two great leads price c. one mashfat price c. ten barrels price c. and so foorth of the rest Else ye may say thus together with all maner vessels and vtensils contained in a certaine scedule to these present Indētures annexed To haue and to c. And the sayd C.D. couenanteth and granteth c. that the said C. his executors and assignes shall well truely and sufficiently maintaine repayre sustayne the said brewhouse vessels and vtensils c during the said terme Prouided alwayes that if any of the said vessels or vtensils shal need during the terme aforesaid for default of oldnes to be renued that then the said A. B. his executors or assignes shall of his and their proper costes charges renew al and euery such vessels vtensels so to be renewed as oft as need shal require during the said terme So that the same bee not broken or destroyed by the default or negligence of the said C. D. or of his seruants And the said A. B. and his heyres the said Brewhouse with the appurtenances and all other the premisses before letten vnto the foresaid C. his exetutors and assignes for the said yerely rent in maner and forme before specified against all people shall warrant and defend vntill the end of the said terme by these presents In witnesse c. ¶ An other Lease THis Indenture made c. Betweene I. M. of Hornechurch in the county of E. gentleman on the one party and R. H. of the same esquire on the other party Witnesseth that the said I. the day of making hereof hath graunted demised betaken and letten to farme and by this Indenture doth grant demise betake and to farme let vnto the said H. al that his manor place called Morton hall with all landes tenementes douehouses barnes stables orchards gardens pondes waters with thappurtenances to the said manor belonging or appertayning set lying being in the parish of Hornechurch aforesayd To haue and to hold the foresaid manor landes tenements douehouses barnes stables orchards gardens ponds waters other the premisses with the appurtenances to the said H. to his executors assignes from the feast of S. Michael next folowing after the date of this Indenture vnto the ende and terme of xx yeres from thence next ensuing and fully to be complet and ended Yeelding and paying therefore yerely during the sayd terme to the said I. his heires or assignes xx poundes of good and lawfull money of England at fower termes of the yeare that is to say at the feast of the Natiuity of c. by euen porcions And if it shall happen the sayd yearely rent of xx li. to be behinde vnpaid in part or in all ouer or after any terme of payment thereof aforesaid in which it ought to be payd by the space of 6. weekes and lawfully asked That then it shall bee lawfull to the said I. to his heires assignes into the sayd manors lands tenements all other the premisses with thappurtenances to enter distraine the distresses there so taken lawfully to beare lead driue and carry away and them to retayne vntill the said yerely rent and tharrerages of the same if any be to them bee fully contented and payd And if it shal happen the sayd yerely rent of xx 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 payd by the space of a quarter of a yere and lawfully asked and no sufficient distresse then there can be found That then and at all times after it shall be lawfull to the sayd I. to his heires and assignes into al the said manor landes tenements and other the premisses with thappurtenances wholy to reenter the same to haue againe retaine and repossesse as in their former estate And the said H.R. his executors and assignes thereof vtterly to expell put out and auoid this Indenture or any thing therin contained to the contrary notwithstāding And the said I. couenāteth granteth by this Indenture that he or his heirs the said manor lands tenemēts other the premisses with thappurtenances meete sufficiently shall repayre sustaine maintaine and against wind raine shall make defensible when as often as need shall require during the said terme except dawbing of walles horne high and all hedges ditches and defences belonging to the said manor with thappurtenances which shall be at the costs and charges of the said H. his executors or assignes at all times during the said time And the same so sufficiently made repaired and amended in the end of the said time shall surrender and deliuer vp to the sayd I. his heires or assignes And the said H. couenanteth graunteth by this Indenture that hee his executors or assignes at their like cost and tharge shall beare and pay all maner of quite rents and outcharges which shall be due going out of the foresaid manor lands and tenements with thappurtenances at al times during the said terme And the said I. couenanteth and granteth by this Indēture that it shal be lawfull to the said H. his executors and assignes to haue and to take in vpon the lands before letten competent and sufficient freebote cartbote ploughbote hedgebote to be occupied spent in vpon the lands tenemēts aforesaid at all times during the said terme And further the said I. couenanteth and granteth by this Indenture that he and his heires the aforesaid manor lands tenements and al other with thappurtenances to the said H. to his executors assignes for the yerely rent aforesaid and vnder the other couenants aboue rehersed against all people shall warrant and defend during the foresaid terme of xx yeares by this Indenture In witnesse whereof c. ¶ A Lease for yeres of a house THis Indenture made the xx day of Ianuarie in the xvij yeare of the raigne of king
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
that I the said M. yonger daughter of the aforesaid E. shal haue the tenement called Drakes for the iust and whole portion of mine inheritance aforesaid To haue and to hold ●o vs our heires assignes for euer of the chiefe Lords of the Fee according to the seruice and custome thereupon due and appertaining Which foresaid parting and diuision we the said A. M. ratifie allow establish for vs and our heires for euer In witnesse whereof to either part of these writings indented we haue interchangeably set our seals these being witnes N. O. P. B. Dated c. ¶ Assignement of Dowry at the Church doore OMnibus Christi fidelibus ad quos presens scriptum peruenerit T. W. de W. Salutem Noueritis me praedictum S dedisse concessisse hoc presenti scripto meo assignasse Petronille vxori meae in tempore sponsaliorum in ostio ecclesiae parochialis de W. praedict ' celebrand ' vnum tenemētum cum vno crafto eidem annexo vocat C. Habend ' tenend ' sibi assignat suis ad totam vitam suam pro rata portione totius dotis suae quae post mortem meam fibi contingere c. Dat' c. In cuius rei c. ¶ The deed aforesaid in English TO all Christian people to whome this present writing cōmeth T. W. of W. sēdeth greeting Be it knowne that I the foresaid T. haue giuen granted and by this my present writing haue assigned to Petronell my wife in the time of our esꝑousels in the Church doore of W. aforesaid to be celebrated one tenemēt with a croft to the same anexed called C. To haue and to hold to her her assignes all the terme of her life for the iust and whole portion of al her dowrie which should happen to her after the death of the said T. her husband In witnesse whereof c. Dated c. ¶ How the copie should be made of lands holden by the yard AD hanc Curiam dominus concessit extra manus suas per Iohannem Foster capitalem Seneschallum suum Thomae Dauid A. vxor̄ eius vnum mesuagium vj. acras terrae cum pertinenrijs iacent apud B. quibus dominus per Seneschallum concessit seisinam Habend ' sibi heredibꝰ suis per virgam ad voluntatem domini secundum consuetudinem manerij Et dant domino de fine pro ingressu inde habendo prout patet in capite fec ' domino fidelitatem admissi sunt inde tenentes ¶ Another forme for certaine rent for all maner of seruice AD hanc curiam dominus concessit per I.F. Seneschallum suum C. B. M. vxori suae vnum mesuagium cum vi acris terrae ij aeris boscis cum pertinen̄ praefatis C. M. heredibus assignatis suis ad voluntatem domini secundum consuetudinem manerij Reddendo inde annuatim domino heredibus vel successoribus suis if the Lord be a Bishop or such other vi s. viij d. pro omnibus singulis seruitijs ad duos anni terminos videlicet ad festum S. Michaelis Archangelis Annuntiationis beatae Mariae virginis aequis portionibus dant domino de fine c. fecerunt fidelitatem admissi sunt c. It is also requisite to put in certaintie in their copies all the customes rents and seruices and that is in auncient demeane in al places where the tenants haue their lands by copie to them and their heires after the custome of the mannor for there they haue or ought to haue a customary Rol wherein is euery mans land contained and what rent customes and seruices euery man ought to pay and doe and in many places their lawes and their customes be put into writing and remaine in their own custody to put them in remembrance when need shall require But in case there should bee made any new incrochments or intakes inclosed or taken in out of the commons or any mine new found as lead or tinne coale yron stone or other such if a copy shal be made thereof it is necessarie and expedient to put the rent thereof in the tenants copy for it is a new thing that hath not gone by custom and it would be put in the customarie Roll for this new approuement may fortune either to increase or diminish in the rent and therefore must the rents be continually expressed Also where a man hath a Lordship wherein be many tenants that holde their land of the Lord by copy of Court roll for terme of life and haue no estate of inheritance in the same In all such cases must the rents be declared in copies ¶ A recognition of a tenant what he holdeth of the Lord. AD hanc curiam c. venit B. C. coram T. P. Seneschallo huius manerij cognouit se tenere de domino vnum mesuagium decem acras terrae tres acras prati cum pertinen̄ in L. vocat C. libere per chartam in socagio per redditum xij d. vel vnius libre piperi faciend ' sectam curiae bis per annum Et etiam dictus B. C. cognouit se tenere de domino aliud mesuagium cum crofto adiacente sex acras terrae arabilis duas acras prati cum pertinentiis ad voluntatem domini secundum consuetudinem manerii per redditum iii. s. fecit fidelitatem admissùs est inde tenens c. ¶ The forme of a Copie in auncient demesne where the Proclamation shall be had AD hanc Curiam tentam ibidem tali die tali anno B. A. filius heres I. C. venit sursum reddidit in manus domini vnum mesuagium x. acras terrae tres acras prati cum vno crofto in D. infra iurisdict ' huius curiae ad opus T. H. heredum assignatorū suorum imperpetuum virtute barganiae siue pactionis inter eos factae super hoc publica proclamatio in eadem curia facta fuit quod si quis aliquod ius seu titulum ad eundem mesuagiū terras prata crofta vel in aliqua eorum parcella pretendere voluit vel haberet veniret audiretur Et nullus venit ad hanc curiam ꝑ quod secundum consuetudinem manerij praedicti mesuagium terrae prata crofta remanerent in manus domini vsquè ad tertiam proclamationem super eisdem factam super hoc dies dat est partibus praedictis essendi ad ꝓximam curiam manerij praedicti ad audiendum inde iudicium suum super praemissis Et ad hanc Curiam tentam ibidem tali die anno tam p̄dictus A. B. quam praedictus T. H. venerunt super hoc secunda proclamatio facta fuit super praemissis quod si aliquis aliquid ius vel titulum ad praedictum mesuagium terras prata c. haberet aut pretenderet veniret audiretur Et
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
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
it is couenanted and agreed betweene the said parties and the said I. and her feoffees graunt by these presents that the said R. and Anne in the right of the same Anne shal haue for their part and purpart of the foresaid lands and tenements c. three dwelling tenements of the yeerely value of iiij li. In one of the which said tenements T. D. Barbour now dwelleth and inhabiteth conteining in it self lx foote assise square c. And in that her tenemēt of the iij. tenements dwelleth one M. A. widow and it conteineth c. and the third tenement is in possession of A. R. c. which sayd iij. tenements with the yards kitchins chambers c. in as ample and large manner forme as the said persons now in them dwelling haue or occupie or they or any other aforetime haue had or occupied The said Philip and Anne as in the right of the same Anne shall haue enioy to her and to her heires in ful recompence allowance of and for her part and purpart that to her belongeth or ought to belong of al the said meases lands tenements c. by and after the decease of the foresaid W. and T. either of them as one of the daughters and heirs c. And it is agreed betweene the said parties the said Ioan and her feoffees beene content and pleased to accept and take in full recompence and allowance of for the part of the said I. of all the meases lands c. and other the premisses aboue rehearsed to the vse of the said I. and of her heirs one great tenement lying by the said three tenements concerning c. with thappurtenances in as ample and large maner as T. C. gentleman now dwelling in the same or any other c. And it is furthermore fully agreed couenanted graunted betweene the said parties by these presents that at all times conuenient it shall bee lawfull to either of them to enter into others part to them allotted to do reparations and other behoofs necessarie vpon the meases lands and tenements to them seuerally allotted and in amending building or repairing or otherwise of and vpon their owne parts of the said lands tenements c. to them allotted appointed by these presents And ouer that it is agreed couenanted graunted betweene the said parties that all annuel rents and seruices due to the Lord or Lords of the fee c. shal be equally borne betweene the said A. I. their heirs assignes inhabiters of the same tenement c. that is to say either of them for their part and portion afore allotted c. In witnesse c. ¶ An Indenture of sale of plate vpon a condition and in default of non repayment to retaine it for euer THis Indenture made the 25. day of c. between W. P. of London gentleman on the one partie and T. H. of H. in the county of H. on the other party witnesseth that the said T. being possessed of a cup with a couer of siluer parcell gylt weighing xx ounces an half quartern of Troy weight Item a plaine peece of siluer parcell gylt with a starre on the bottome weighing twelue ounces three quarters of the same weight and two great goblets c. hath bargained sold and deliuered all the said plate of goldsmiths worke the day and yere aboue rehearsed within the citie of London in plaine and open market to the said W. P. for the summe of l. l. sterling whereof the said T. knowledgeth himself fully contented and paid by these presents Neuerthelesse the said W. willeth and granteth by these presents that if the said W. well and truely content and pay or cause to be contented and paid vnto the said W. his executors or assignes within the said citie of London l. l. sterling at the feast of Christmas next comming after the date of these presents without any further delay that then the said William shal deliuer or cause to be deliuered to the said T. his executors or assignes so making paimēt of the foresaid fiftie pound all the said plate of Goldsmiths work and euery part parcel of the same the sale and bargaine aforesaid notwithstanding And if default be made of or in non paiment of the sayd l. l. in part or in all at the day place afore mentined that then the said T. willeth and graunteth and him and his executors bindeth by these presents for to warrant all the said plate and the sale and bargaine of the same to the said W. his executors and assignes against all persons for euermore In witnesse c. An Award VNto all true Christian people to whome this present Award shall come or it shall bee read seene or heard I. P. Grocer and I. A. poulter Citizens of London Sende greeting in our Lord God euerlasting Whereas diuers variances controuersies and debates heretofore haue bin had moued and depending betweene R. R. Citizen and Grocer of London on the one partie and I. L. Citizen and Fishmonger of London on the other partie for ceasing and pacifying whereof either of the same parties haue compromitted bounden themselues to other by Obligation in the summe of xx li. sterling with condition thereupon indorced to stand to abide the award ordinance and iudgement of vs the said I. P. and I. A. of their common assents indifferently elect and chosen So alwaies that our said award ordinance and iudgement of and vpon the premisses were made and giuen vp in writing on this side the feast of Al-Saints next comming after the date hereof as by the same ohligations thereof made bearing date the day c. more plainely it doth appeare Whereupon now we the said Arbitrators after the maner of variance by vs circumspectly knowen apperceiued and with good and due deliberation thereupon had and taken wee haue made giuen vp our award in that behalfe in manner and forme following that is to say First and principally we the said Arbitrators doe award ordaine and iudge by this our present award that either of the same parties at the insealing of this present award shall in seale and for their deede deliuer the one to the other a good iure sufficient lawful acquitance general of all all manner of actions aswell reall as personall suits quarels trespasses debts debates accounts and demaunds whatsoeuer they be betweene the said parties at any time before the date hereof haue bin had moued or depending Also wee award ordaine iudge by this our present award that the said R. shal pay or cause to be paied to the said I. L. to his executors or assignes iiij pound of good lawfull money of England in maner and forme following that is to say at the insealing of this our award xx s. sterling and in the feast of Easter next comming after the date hereof lx li. in full contentation payment of the said iiij li. and that vpon the
sue for the same binding the seller that he shall not giue any quitance to the partie to the danger of the buyer c. THe condition of this obligation is such that whereas the within bounden E. F. made and ordained the within named C.D. his his especial good and lawfull Atturney to aske leuy c. to the vse profite and commoditie of the sayd E.F. of one G. H. citizen of London Grocer xx li. sterling in which the said G. H. by his Obligation thereof made standeth bound to the said C.D. as in a certaine letter of Atturney by the said C. to the aboue named E. F. thereof giuen more euidently appeareth If the said C. D from the date of this present Obligation do not call againe reuoke or disanul the foresaid letter of Atturney nor any maner sale plee or action by the foresaid E. F. in the name of the fore rehersed A. against the aboue written G. H. or his executors in anie court hereafter to be commenced or depending or by any other meanes withstand let or interrupt the title of the same E. of and to the sayd summe of xx li. nor giue vnto the said G. H nor to his executors any maner quitāce discharge or releas of or vpon the said summe or any part or portion of the same that then this present obligation c. ¶ A condition for to keepe the Peace and to be of good abearing THe Condition of this Obligation is such that if the within bounden Sunon and Elizabeth his wife do keepe the peace against al the Kings liege people and especially against A.B.C.D. c. beare himself honestly duly both in his words and deeds against the said A B. c. nor slander them nor any of thē of or vpon any such matters touching the death of I M. or the sure about the trial of the same wherein the said A. B. c. by the kings Laws ecclesiasticall temporall is clerely declared innocent That then c. ¶ A condition to warrant the sale of a Ship THe Condition of this Obligation is such that where the within bounden A. B. sold vnto the within named C. D. a certaine Ship called the Mary of Calice all maner of battaile instruments furniments and apparel of the same ship with the appurtenances for a certaine summe of money betweene them accorded as in a bill of sale therof made plainly doth appeare If the said C.D. wel and peaceable may haue holde enioy possesse to him his heires and assignes al the said ship battel instrum̄ts apparel appurtenāces aforesaid without contradiction let or disturbance of any person or persons by reasō of any claime or interest in the same before the date of these p̄sents had or made according to the tenour and effect of the said Indenture that then c. ¶ A Condition to cause a man to seale an Obligation by a certaine day THe condition c. that if the within bounden I. C. before the feast of N. next comming after the date hereof cause W.C. of the towne of B. to be bound by his writing obligatorie sufficient in the law and with his seale sealed vnto the within named T. in x. li. sterling to be paied the x. day of August c. And also before the same feast cause the said W. to deliuer the same obligation clerely for his deed duety in the Towne of B. vnto I. R. of H. clother to the vse of the said C. that then this present obligation c. ¶ A Condition to deliuer Oyles by a day limitted THe condition of this obligation is such that if the within bounden I. at any time before the feast of S. Mihael tharchangel next cōming after the date within written deliuer or cause to be deliuered in the City of London to W. R. within named or to his certaine Atturney heires or executors x. tunnes of oyle of Ciuile good sweet and marchandable full and well bound accordingly that then this present obligation c. ¶ A Condition to make an estate to an other by a certaine day THe condition of this obligation is such that if the within bounden A. before the feast of Easter next comming make vnto the within named R. and to such other persons as the sayd R. shall thereunto name assigne to haue and to hold to them their heires assignes a good sure sufficient lawful estate of and in all those lands tenements c. by deedes euidences sufficient in the law or by fine or recouery if need shall require or by any other sure and lawfull meanes as shall be aduised by the learned counsel of the said Richard his heires and assignes that then c. ¶ A Condition to saue a man harmeles that is bound for an other man by Recognisance THe condition of this obligation is such that where the within named A. B. C. D. at the special instance petition request of the within bounden N.D. and for his debt by a certain obligation of recognisance made before W. F. Recorder of the citie of L. and I.K. Knight Alderman of Londō the x. day c. stand boūd vnto the chamber of London in the summe of xx li. sterling by the way of recognisance as in the obligatiō plainly appeareth If the said N. D. his heires executors and assignes pay vnto the said chamberer all the foresaid summe of xx li. and also saue and keepe harmlesse the aboue named A. B. c. from all manner indemnities costes and charges of for and concerning the said obligation of recognisance and all other things concerning the same that then c ¶ A Condition to pay a Rent accordingly to an Indenture of a Lease THe condition of c. That where the within bounden A. B. hath lately taken in farme for the terme of 6. yeres of the within named C.D. one tenemēt set lying in the towne of W. c. for the rēt of xl s. yerely to be paid as in a paire of indentures thereof made whose date is c. plainely appeareth If the sayd A. B. his executors well and truely pay or cause to be paid to the sayd C. D. his heires and assignes the foresaid yerely rent of xl s. at the daies and termes accustomed according to the tenour and effect of the said Indentures c. That then c. ¶ A Condition vpon an Indenture of sale to make good the summe THe condition of this obligation is such that where the within bounden I. S. the day of the date within written for the summe of xx li. sterling bargained sold and deliuered to the within named T. P. diuers goods plate and iewels in a certaine Indenture comprehended bearing date c. vnder a condition in the same Indenture specified If the said I. S. make default of paiment in the said Indenture mentioned and comprised and then if all the foresaid goods plate and iewels indifferently prised be found of lesse value than xx markes
sterling of ready money so the said I. S. immediately pay or cause to be paid to the aboue named T. his heires or assignes c. as much good and lawfull money or other ware as shall amount to the summe of all that shal be lacking of the said xx li. in the goods plate and iewels afore rehearsed That then this present Obligation be of no value c. ¶ A Condition in a ioincture to giue estate in certain lands to the wife where there is none other Indenture made betweene parties THe condition of this obligation is such that if the within bounden W. R. c. or his heires at their owne proper costes and charges before the feast of Easter next after the date within written make or cause to be made vnto A. C. c. a good sure sufficient and lawfull estate in the Law of and in all and singuler those landes tenements c. with the appurtenances in the Citie of London of the yerely value of xl li. sterling ouer and aboue al charges and reprises to haue and to hold al the said landes tenements with the appurtenances vnto the said A. C. c. for terme of life of M.G. to the vse of the same M G. and to her assignes for terme of her life the which M. by the grace of God shall mary take to husband the said W. R. and also if the said W. R after the said estate of and in the lands and tenements afore rehearsed do suffer and cause to be done all euery thing things as shall bee aduised by the learned counsell of the said A. B. C. D. c. their heires executors to make the foresaid state sure to the aboue named A. B. to the vse of the same M. for terme of her life be it by recouery fines feoffements release confirmation and deeds introlled with warrantie or without warrantie or any of them That then c. ¶ A condition to performe a paire of Indentures THe condition c. that if the within bounden I. W. well and truely obserue fulfill and keep all and singuler grants promises and agreements on the part of the said I. W. E. his wife to bee obserued kept contained declared and specified in a payre of Indentures bearing date the x. day c. betweene the said I.W. of the one party and the within named R. S. on thother partie thereof made sealed and deliuered That then c. ¶ A Condition to saue a man harmelesse being suertie for another in a simple Obligation THe condition of this obligation c. that if the within bounden I C. from henceforth do saue and keepe harmlesse from all indictments losses actions troubles vexations the within named W.I. his heirs and executors against T.L.R.F. c. euery of them their heires c. of and from a certaine writing obligatory of the summe of xl l. wherein the said W.I. standeth bound as suertie for the said I.C. together with M N. of D. draper ioyntly and seuerally as by the same obligation plainlier appeareth that then this present obligation c. ¶ A condition of the peace for the good abearing THe condition c. if the within bounden S. T. personally appeare in the custodie of the Baily within writtē or of his deputie before the Iustices of our Soueraigne Lord the King c. the mōday next after the Natiuitie of S. Iohn Baptist c. at the towne c. to find there before the sayd Iustices good sufficient suerties of the peace to behaue and beare himselfe well and peaceably against our Soueraigne Lord his liege people and especially against A. B. in the meane time keepe the peace of our Soueraigne Lord. And so from henceforth saue keepe harmlesse the within named Baily c. for and concerning the premisses or any part of them that then c. ¶ A condition to be true prisoner THe condition c. that if I. H. marchant of S. Lukas which now is in the kings prison vnder keeping of the shirife within written as well by reason of a writ of our Soueraigne Lord the king of the statute of the staple containing the summe of C. l. sterling as also for certaine other actions causes and suits on the behalf of R. S. c. moued commenced be from henceforth true and faithfull prisoner tarrying remaining with the said shirife his deputies till the same I. H. be fully at an end discharged and acquited of the said actions and then content pay to the said shirife c. all and singuler costs charges fees other dueties in such cases heretofore accustomed to bee paid That then c. ¶ A condition for the fealing of acquitance or release of lands c. THe condition of this obligation is such that if the within bounden A. B. do cause I. M. Serieant at the Law and G. his wife before the feast of Easter next comming at the costes charges in the Law of the said A. by their sufficient deed in the Law to release remit and quite claime to the within named C. D. c. and their heires all their right title power interest which the said I. M. and E. his wife or eyther of them haue had or may haue of and in all such landes tenements c. That then c. ¶ The manner of making of acquitances in Latine and English ¶ An acquitance of a parcell of a summe NOuerint vniuersi per presents me A. B. c. recepisse habuisse die confectionis presentium de W. I. c. xx s. sterlingorum pro festo omnium Sanctorum anno domini c. in partem solutionis xx li. sterlingorum in quibus idem W. per scriptum suum obligatorium cum conditione in dorso eiusdem conscripta super eodem confecta mihi praefato A. tenetur obligatur De quibus quidem xx solid ' in partem solutionis maioris summae in eadem conditione specificatae fateor me bene fideliter esse solutū dictumque W. haeredes executores suos inde esse quietum per praesentes In cuius rei testimonium figillum meum praesentibus apposui Datum c. ¶ The forme of the same in English BE it knowen vnto al mē by these presents that I F. B. c. haue receiued and had the day of making of these presents of N. I. c. xx s. sterling afore the feast of Al-Saints last before the date within writtē in part of paimēt of xx li. sterling in which the said N. by his writing obligatorie with a condition in the backe thereof standeth holden and bounden to mee the said F. B for the payment of the same Of which xx s. in part of payment of the more summe in the said condition mentioned I confesse my selfe wel and truely contented and paied and the said N. his heires executors cleerely acquited and discharged thereof for euer In witnesse
occupand ' et ministrand ' Dand ' per presentes concedend ' praedicto atturnato meo plenam integrā potestatem meam authoritatem et mandatum speciale predictas personas et earum quamlibet occasione iniuste detentionis custodie vel occupationis praedictarum terrarum et tenementorum cum pertenentijs aut alicuius inde partis seu parcelle attachiand ' et arrestari faciend ' ac coram iudicibus et iusticiarijs praedictis comparere fa●iend ' et producend ' ac versus ipsas personas et earum quamlibet occasione praedict omnes et singulas actiones sectas placita et prosecutiones licita requisit et necessaria in curia praedict ' vbicunque videbit ' oportunū fore vice ac nomine meo leuand ' affirmād capiend ' et atturnand ' et eas vel ea secundum iuris exigentiam cum quibuscunque inde circumstantijs interplacitād ' et prosequend ' ac ius titulum meum praedictum coram p̄d iudicibus et iusticiarijs declarand ' exponend ' et notificand ' dictasque personas et earum quamlibet per legis vigorem arrestand ' imprisonand ' et condemnari faciend ' et ext prisonam deliberand ' ac damna et expēsas in ea parte habit habend ' de ipsis personis et de earum qualibet recuperand ' recipiend ' Et de receptis recuperand ' ac super fine c. as in other ¶ A letter of Atturney vpon a Patent VNiuersis c. I. B. vnus armiger ' pro corpore illustrissimi domini nostri Regis c. Salutem in domino sempiternam Cum idem noster Rex per suas gratiosas literas patentes quarum datum est apud Westmonasterium decimo die Feb anno regni 31. in consideratione ver̄ fidelis seruitij quod ego praed ' F P. eidem illustrissimo domino nostro ante haec tempora impendi durante tota vita mea impender̄ intendo concesserit licentiam dederit mihi pref F.P. qd ' ego per me aut deputatū siue deputatos meos indigenas siue alienigenas numerum quantitatem ducentorum doleorū Isatidis Anglic ' vocat woad de Tholosa in ꝑtibꝰ vltra marinis emer̄ prouidere ac eadem ducenta dolea de woad in vna naue siue diuersis nauibus de obedientia dict domin̄ regis aut obedientia aliquorum amicorum confederatorum suorum cariare imponere in quemcunque locum seu quecunque loca huius regni sui Angliae vna vice vel diuersis vicibus ibidem ad meum maximum proficuum aduantagium importand ' conducend ' inducend ' vendend ' distribuend ' conduci discariari facere possim valeā licite impune aliquo actu statuto restrictione ꝓhibitione aut ꝓcl●matione in contrarium factis non obstant prout in praed ' literis patentibus inde confectis pleniꝰ continetur Noueritis me praefatum F.P. virture authoritate dictarum literarū patentium fecisse ●●●inasse constituisse in loco meo posuisse dilectos mihi in Christo A. B.C D. mercatores de Hispania meos veros legitimos deputatos factores irreuocabiles coniunctim vice nomine meo ad faciendum exequendum adminstrandum ad vsus commoda proficua propria eorund ' A.B.C. D. omnia singula in dictis literis patentibus cōtent specificat videlicet in tam amplis modo forma prout ego dictus F.P. facere potuissem seu deberē vigore praedictarum literarum patentium si ibidem p̄sens personaliter interessem Et deputatum siue factorē vnū seuplures sub se constituend ' et ad libita sua reuocand ' Quibus quid ' A B.C.D. et eorum vtrique coniunctim ego dictꝰ F.P. do concedoet transporto per presentes omnimod ' potestatem meam authoritatē in praemissis Ratum gratum habens habiturus totum quicquid dicti deputat factores mei nomine meo fecerint seu fieri ꝓcurauerint aut eorum aliquis fecerit seu fieri procurauerit in p̄missis in quolibet praemissorū per p̄sentes In cuius rei c. ¶ A like forme of a Letter of Atturney vpon a patent in English BE it knowē vnto all men by these presents that where the king our soueraigne Lord by his gratious Letters of Licence insealed with his signe bearing date at Westminster the xii day of May in the xxxi yere of his raigne for certaine considerations his highnes mouing hath licened vs W. C. Seriant of the Caterie of his honorable houshould P.C. yeoman of his gard his welbeloued seruants that we by our selues our factors or Atturnies shall and may puruey and buy in anie place or places within this his Realme of England where it shall best like vs 4 hundred quarters of wheat and the same to conuey carrie or do to be conueied or carried out of any port hauen or creeke of this said Realme that shal please vs in the parts of Flaunders Holland Barbant or Zeland there to be vttered and sold for our most profits and aduantages as in the said letters of licence thereof made more plainly is contained Know ye that wee the foresaid W.C. and P. by vertue of the said gratious letters of licence haue committed ordeined and deputed our welbeloued in God A.B. of I. in the county of N. marchant R.S. seruant of me the foresaid W.C. our sufficient Atturneis and Factors iointly and seuerally to execute by themselues or by their sufficient deputie or deputies the whole tenour purport and effect of the said gratious letters and euery clause article of the lame as vnto them or anie of them shall be thought most conuenient and necessarie that is to say in all things by al things in as ample and large manner as wee the foresaid W. C. or either of vs might doe should doe or ought to do by vertue of the said gratious letters if we our own selues were personally present and whatsoeuer that our said atturnies or their sufficient deputie or deputies shall doe minister in the premisses or any thing cōcerning the same we the said I.P. and R.S. bind our selues to ratifie and allow by these presents In witnes c. ¶ A Letter of Atturney in English BE it knowē vnto all men by these presents that I I.G. of B. in the Coūty of S. yeoman haue made constituted ordeined and put in my place my right welbeloued in God R. M. gentleman my true and lawfull atturney in this behalfe to ouersee rule and gouerne for me in my name al my lands and tenements as well freehold as copihold set and lying in the towne and parish of C. in the county of S. also to receiue for me in my name all the rents issues commodities profits comming and growing of the lame lands and euery parcel thereof And the farmers of the same lands for non paiment to
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
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.
payment COnditio c. quod si infranominatus I. T. heredes vel executores sui soluant aut solui faciāt infranominato W. vel executoribus suis centum libras in forma subscripta videlicet ad festum Paschae infrascriptum quinque libras ad festum Sancti L. Bap. extunc proximo sequent quinque libras ad festum sancti Michaelis archangeli extunc proximo sequen̄ quinque libr̄ ad festum Natalis domini extunc proximo sequent ' quinque libras Et post predictum primum annum sic completum de anno in annum vnum post alium continue sequent ' quolibet anno viginti libras videlicet ad quamlibet festorum predictorum quinque libras quousque predicte centum libre plenarie persoluantur quod tunc presens obligatio sit nullius valoris et si defectus fiat in aliqua solutione predict ' in parte vel in toto contra formam predictam quod tunc presens obligatio stet in suo robore effectu ¶ An other condition for the same COnditio c. quod si interius obligat ' I. R. soluant aut solui faciant aut eorum alter soluat seu solui faciat infranominat ' W. vel executoribus suis sex libras sterlingorum forma sequenti videlicet in festo Natalis domini infrascript ' in festo Annunciationis beatae Mariae virginis tunc ꝓximo sequēt in festo Natiuit in festo sancti M. archangeli tunc proximo sequent sic deinceps a festo in festū quarterio in quarterium anno in annum vno post alium extunc proxime immediate sequen̄ videlicet quolibet huiusmodi festo festorum predictorum tres solidos quatuor denarios quousque predicte sex libre integre plenarie persoluantur quod tunc presens obligatio cassetur pro nullo habeatur Et si defectus fiat de aut in aliqua solutione solutionum predictar̄ in parte vel in toto contra formam predictam quod extunc presens obligatio in omni suo robore stet effectu ¶ A condition to deliuer a last of Salmon THe condition of this Obligation is such that where the within bounden W. the day of the date within written hath bargained and sold to the within named H. one last of Salmon accounting xij barrels for a last good salt red sweete merchantable to be truely packed in barrels of assise of the great bond for the which last of Salmon the said W. knowledgeth himselfe truly to be satisfied contented and payd if the said W. his executors or assignes well and truely without any delay deliuer or cause to bee deliuered to the said H. or to his assignes by the feast of Saint P. within written the sayd last of Salmon good salt red sweete and marchantable franke and free at L. That then c. ¶ A Condition that the obligor shall not sell his lands to no other person but to the obligee THe Condition c. that if the within bounden I. L. at any time hereafter be willing minded to bargaine alien sell or put away his great mesuage with the appurtenances in L. called the Bell in N then if the said I. bargaine and sell vnto the within named W. or his heires the sayd mesuage with the appurtenāces before any other person or persons he paying for the same asmuch as any other will doe without couin fraud or deceipt That then c. ¶ A Condition to saue a man harmelesse of an Obligation that he is bound with him to another THe Condition c. that if the within bounden I. his heires executors discharge saue and keepe harmeles the within named W. his heires and executors against one T. S. and his executours of and for the summe of twentie pounds sterling for the which the sayd Iohn and W. at the instance and request of the sayd I. for him by their writing obligatory bearing date the iiij day of N. in the xxvj yere of c. iointly seuerally standeth bound to the sayd T. That then c. ¶ A condition to keepe the peace vntill a certaine day and then to appeare before the Kings Counsell THe condition c. That if the within bounden I. obserue keepe the peace agaynst the King our soueraigne Lord and all his liege people betweene this and the xv of Easter next comming and then do personally appeare before the King and his most honorable Counsell in the Starre chamber at Westminster and so from day to day and not to depart without licence That then c. ¶ A condition to discharge and saue harmeles of an obligation bands writings and promises THe condition c. That if the within bounden I. acquite discharge and saue harmelesse the within named W. his heyres and executors at all times hereafter agaynst all maner of persons as well of and for all such summes of money oblygations bandes writinges and promises in and by the which the sayd W. standeth charged and bound for such stocke and goodes as before thys time haue bin partible betweene the sayd I. and M. as of for all maner of expences of houshold and of the rents farmes of the waxehouse shop and house which they both of late held and occupyed together set lying and being in C. within the City of L. That then c. A condition to keepe the peace COnditio istius obligationis talis est quod si interius obligat ' R. de cetero bene honestè se habeat pacē dn̄i Regis gerat erga infranominatos I. S. W. R. eorum vtrunque omnes familiares seruientes suos ꝓut ordo charitatis honestatis id requiret ac erga ipsos I W seu eorum alterū non transgressus fuerit in verbo nec opere qd ' in ipsorū I. W. damnū seu lesionē nominis sui siue bonae famae aliqualiter conuert ' poterit ac etiam si dicti I. W. siue eorum alter per p̄dictum R. aut per aliquem alium seu aliquos alios eius causa quaerelam facere amore odio instigatione seu ꝓcuratione de caetero non prosequant ' nec implacitantur pro aliqua causa q̄rela seu materia quacunque inter dictos I. W. et p̄fat ' R. aperte dat' infrascriptum habit ' mot ' seu exort ' quod tunc praesens obligatio nulla habeatur Et si praedict ' R. contra praemissa seu eorum aliquid in futurum fecerit seu ꝓcurauerit quod tunc praesens obligatio in omni suo robore stet in effectu c. ¶ A condition of Arbiterment and if the arbitrators cannot agree to stand to the iudgement of an Vmpier COnditio c. quod si infra obligatus I. Archer steterit et obedierit arbitrio ordinationi et iudicio E.C.W.K.I.T. H.P. arbitratorum tam ex ꝑte infrascript ' Agnetis quam ex parte dicti Iohīs Archer indifferenter