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A33419 The Clerks vade mecum, or, A choice collection of modern presidents according to the best forms extant, and such as have not formerly been printed : containing all sorts of bargains and sales, leases, mortgages, grants, covenants, surrenders &c. : usefull for all persons that have relation to the practick part of the common law ... / fatihfully perused by T.P. T. P. 1655 (1655) Wing C4651; ESTC R25308 386,429 737

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of them to the use and behoof of us our heirs and successors under the condition hereafter following viz. That if the said T W did personally appear before our justices of Peace at the next general Sessions of the Peace to beholden at M. to do and to receive that which by the Court hee should be enjoyned and ●●at he should not depart thence without licence of the said Court and in the mean time that he the said T W and all his said servants should keepe the peace against us and our liege people and especially against W R and I R and the servants of them both and that they should not procure or cause to be procured or done unto ●he said W R and I R and their servants or to any other our liege people any bodily hurt or any other thing tending to the breach of our peace that then the said recognizance to be void or else to stand in full strength and vertue as by the same recognizance and condition there under-written more plainly appeareth And whereas at the Sessions of the Peace holden at M. in our said county of K. for their city of K being the next Sessions there holden after the acknowledging of their recognizance on the c. before R M and T R and others our Justices of the peace within the said countie At which time the said T W made default contrary to the tenour of the condition aforesaid by reason whereof the said recognizance is forfeited to us our heirs and successors Now know yee that we of our special grace certain knowledge and meer motion have given and granted and by these presents do give and grant by our well beloved servant A B the said Recognizance and penalty of an hundred and twenty pound of c. To have hold enjoy receive and take the said recognizance and summ of an hundred and twenty pounds in the same specified and contained and all the commodities and profits of the same recognizance unto the said A B his c. without any thing therefore to us our heirs or successors to be yielded and without any accompt to us our heirs or successors to be made Know ye further that we of our c. have given and granted and by these presents do give and grant to the said A B. That he his c. all and all manner of actions suits or executions whatsoever of or upon the said recognizance in his own name shall sue or follow and all profits commodities and emoluments thereof to his own proper use to receive and convert without any accompt or other thing whatsoever to us our heirs or successors to bee yielded or done In witnesse c. Witnesse our selfe c. An Indenture for Marriage THis INDENTURE made c. Between E P of c. of the one part And P V of c. of the other part Witnesseth That it is covenanted concluded condescended and fully agreed upon by and between the said parties to these presents for them their severall heirs executors and administrators That he the said E P. shall and will before the Feast of c. next marry and take to wife Mary one of the Daughters of the said P V if shee the said M shall thereunto consent and agree and the Lawes of the holy Church shall permit and suffer the same And the said E P for and in consideration of a certaine summe of good and lawfull money of England to be to him paid by the said P V as a Marriage portion for the advancement of the said M. and for the love and affection which the said E P beareth towards the said M and for a competent Joynture to be made to the said M in recompence of all title and pretence of dower that she the said M. shall or may claim out of all or any the Manors Lands Tenements or Hereditaments of the said E P his heirs or assignes or any of them Doth for him his heirs executors and administrators and for every of them covenant and grant to and with the said P V his heirs executors and administrators every of them by these presents That he the said E P and his heirs shall and will from henceforth stand and be seized of and in all that the Manor of c. in the Countie of c. and of all and singular houses of c. to the uses intents and purposes herein mention●d and expressed and to no other That is to say To the use of him the said E P and his heirs untill the said Marriage shall be had and solemnized between them the said E P and M and after the solemnization of the same Marriage then to the use of the said E P for the term of his life and afterward to the use of the said M for term of her life and afterward to the use of the said E P and the heirs c. of the said E P for ever And the said E P for him his heirs and assignes doth covenant c. to and with the said P V his heirs and assigns That he the said E P at the ensealing and delivery hereof is and so shall continue untill the said intended marriage shall take effect lawfully and rightfully seised of the said Manor and premises in his demesne as of Fee of a good rightful absolute and indefeasable estate of Fee-simple And that the same now are and so shall continue to the said M for term of her naturall life if the said intended marriage shall take effect of the clear yearly value of c. above all charges and reprizes And that he the said E P and his heirs shall and will from time to time and at all times during c. next after the said Marriage shall be had and solemnized make do acknowledg execute and suffer or cause to be made done acknowledged executed and suffered all and every such further act and thing for the further and better assurance surety and sure making of the said Manor c. to the uses abovesaid according to the true meaning of these presents at the cost of the said P V or his heirs as by the said P V or his heirs or their Councel learned in the Law shall be reasonably devised or required Per Nich. Hide Councel In witnesse c. A Mortgage of Letters patents and the Land thereby granted THis INDENTUERE made the c. Witnesseth That whereas our Soveraigne Ladie Elizabeth the Queens Majestie that now is by her Highnesse Letters patents under the Great Seal of England bearing date c. for the considerations therein mentioned and expressed Hath betaken granted and to farm letten unto the said A B all that the Site and capitall Messuage of her Highnesse Manor of H. c. Reciting the Laud as in the Patent c. as in and by the same Letters patents amongst divers covenants clauses conditions and agreements therein contained more at large it doth and may appear Now the said A B
c. That hee the said T VV his c. and every of them shall and may according to the tenor and true meaning of these presents peaceably and quietly have hold and enjoy all the said demised premisses with the appurtenances and every part thereof free and cleer freely and cleerly acquitted and discharged of and from all and all manner of former bargaines sales gifts grants leases joyntures dowers uses wills intailes statutes recognizances judgments extents executions and from all other estates titles troubles and incumbrances whatsoever had made committed suffered or done by them the said C B and I D or either of them or by any other person or persons by their or either of their means act title or procurement And lastly the said I B for himself c. That he the said I B his heires and assignes and every of them shall and will at all times hereafter and from time to time upon request made For further assurance and at the costs and charges in the law of the said T VV party to these presents his executors or assignes or some of them make do and execute or cause to be made done and executed all and every such further and other reasonable act and acts thing and things whatsoever for the further better assurance surety more sure making and conveying of the said demised premisses with the appurtenances and every part thereof unto the said T VV party to these presents his c. during the term aforesaid and in such manner and forme upon such rents covenants and conditions as is before herein mentioned according to the effect and true meaning of these presents as by the said T VV his c. or by his or their councel learned in the law shal be reasonably devised or advised and required In witnesse c. A grant of an extent penned by Mr. Tho. Bromely then Solicitor THis INDENTURE made the c. betweene I D of c. and VV D of c. on the one part and T P and T O of c. on the other part Witnesseth That whereas the right Honorable E Lord S. by the name of E S Esq by one recognizance bearing date c. taken knowledged and sealed before Sir R D Knight Lord chief Justice of England according to the forme of the statute for the recovery of debts in that case provided standeth bound to the said I D in the sum of c. payable c. as by the same recognizance c. And where also the said I D hath extended and to him delivered in execution the Manor of N. with the appurtenances in the County of c. at the yearly rent of c. for non-payment of the said sum of c. Now the said I D for divers good causes and considerations him hereunto especially moving hath granted assigned and set over unto the said W D. T B. G B. and T O all his estate right title interest and demand which he hath by reason of the said extent of in and to the Manor of N. with the appurtenances and of in and to every part and parcel thereof and of in and to all and singular messuages lands tenements meadows leasowes pastures rents reversions services and hereditaments with the appurtenances so extended and delivered in execution as aforesaid and the said I D for himself c. That hee the said I D his executors administrators or assignes at any time or times hereafter shall not do any act or acts thing or things whereby the said extent and extents or the estate title or interest of the said W D c. or any of them or of the executors or administrators or assignes of them or any of them by reason of the same extent may be in any wise hurt hindred impeached discharged undone or made void And further that he the said I D his heires executors and administrators shall and will at the reasonable request costs and charges in the law of the said W D or any of them do and suffer to be done made acknowledged all and every such lawful and reasonable act acts thing and things devise and devises in the law whatsoever for the further assurance surety sure making and conveying of the premisses for and during all the term and time of the said extent and execution unto the said W T. B. G B. and T O. as by the learned councel of them or any of them shall be reasonably devised or advised and required In witnesse c. The copy of a recognizance taken by a Justice of Peace for the appearance of certain persons at the Sessions BE it remembred that the twentieth day of c. T D of c. came before me T S Esq one of the Justices of the peace of our said Lord the King in the said County assigned to keep c. and did acknowledg himself to owe to our said Lord the King 40 l. of lawfull c. to be made and leavyed of his goods chattels lands and tenements to the use and behoof of our said Lo. the K. And W R F of c. likewise came and undertook for the said T D each of them in the penalty of 20 l. of their goods chattels lands and tenements also to be raised and leavied to the use and behoof of our said Lo. the King if the said T D shall make default in the condition ensuing c. The condition c. That if the above bounden TD do be and personably appear before his Majesties Justices of the Peace and general Gaol delivery to be holden within the said Countie then and there to answer such matters as on his Majesties part and behalfe shall be objected against him touching the suspition of the felonious stealing of a gray Mare of the goods and chattels of a man unknown and not depart thence without the licence of the Court. That then c. A surrender of the captainship of a Castle KNow all men Me. P T c. to have surrendred to our most excellent Prince and Lord James by the grace of God c. the office of keeping and captainship of the Castle of C in the County of S. and the office of keeping of the waters of C and P in the said Countie and the vails and fees of two shillings of lawfull c. by the day for the execution of the said office and all other things which our said Lord the King by his Letters Patents dated at Westm c. in the yeare of his Reigne c. hath granted unto mee as fully and wholly as they were all granted to me with this intention neverthelesse that our said Lord the King by his other Letters patents would vouchsafe to grant all and singular the premisses unto R B of c. for the term of his life In witnesse c. An assignment of a bond for performance of Covenants TO all Christian people c. I I of c. sends greeting c. Whereas
our Sovereign Lord the Kings Majestie amongst others within the Citie of London for the taxation levying assessing and collection of the first Subsidie of the three Subsidies granted to his Majestie in the Parliament holden at Westminster in the c. year of his Highnesse Reign do certifie unto the Right honourable Sir I F Knight Chancellor of his Majesties Court of Exchequer The Lord chief Baron and other the Barons of the said Court and to all other his Majesties Commissioners and officers to whom it shall appertaine that A B of c. is taxed and assessed to pay to our Sovereign Lo. the Kings Majestie for the said first subsidie and hath paid the sum of 26 s. -8 d. after the rate of ten pounds in goods amongst the inhabitants of the Parish of c. in the ward of c. at which place the said A B was resident with his Familie at the time of the taxation of the said subsidie Given under our hands and Seals c. A Licence to a Butcher to sell Flesh FOR as much as it hath been alwayes heretofore graciously allowed and permitted that some honest persons should provide kil sell and retail flesh victual during the Lent season to any of his Highnesse Subjects sick weake and impotent persons These are to will and require you to allow and suffer this bearer A B of c. Butcher by himself or his servant to provide kill sell and retail flesh victual within the Parish and County of c. by and during all the time of Lent now ensuing without any of your restraints denial or disturbance Whereof faile you not Dated c. Your very loving friend c. To all Justices of the peace Majors Sheriffs Bailiffs Constables and all other his Majesties Officers Ministers and Subjects to whom it doth appertain and to every of them For an Undersheriff a Condition THe condition c. That whereas our Soveraign Lord c. the Kings Majestie that now is by his Highnesse Letters patents under his Majesties great Seal of England bearing date the c. in the fourth year of his Majesties Reign did appoint and make the within named R K high Sheriff of his Highnesse countie of S. which said R K afterwards by his Indenture bearing date c. in the said 4th year c. did ordain depute constitute and make the within bounden I H his deputie and Under-sheriffe of the said Countie of S. as by the same Indenture more plainly at large doth and may appear If the said J H. his heirs c. and every of them do at all times hereafter and from time to time for ever clearly acquit exonerate and discharge or otherwise sufficiently save and keep harmlesse the said R K his heirs executors and administrators and every of them and his and their goods chattels lands tenements possessions and hereditaments and every of them of and from all and every the sum and sums of money wherewith the said R K shall be charged by reason of the said Office of Sheriffwick and shall fall out not to be answered upon the accompts and of and from all action and actions plaint or plaints of debt or debts that shall be commenced against the said R K. his c. by reason of any escape or escapes committed of any prisoner or prisoners arrested and not committed to the common Jail of the said Countie or afterwards by the act or negligence of the said J. or any the Bailiff or Bailiffs or any his servants or deputies and of and from all actions suits costs losses dammages hinderances and demands whatsoever which shall or may at any time or times hereafter come grow or be to or against the said R K. his c. or his or their goods chattels lands tenements possessions and hereditaments and every or any them for or by reason of the premises or any of them c. To surrender lands THe Condition of this Obligation c. That if the above bounden A B. or his heirs doe or shall within one yeare next ensuing the date hereof at the reasonable request and at the costs and charges in the Law of the above-named C D. his heires or assignes sufficiently surrender to the use of the said C D. his heires and assignes for ever according to the customs of the Mannors of R and B. in the Countie of S. all such Copie-hold lands as late were the Copie-hold inheritance of E C c. and before that of J C of c. and purchased by the said A B set lying and being in A c. reciting the parcels being parcell of the said Mannors of R and B. And also if the said Copie-hold lands at the time of the making and perfecting of the said surrender or surrenders shall be and so shall continue clearly discharged or otherwise sufficiently saved and kept harmlesse of and from all former charges estates titles troubles and encumbrances whatsoever made committed or done by the said A B. That then c. To cure a Disease or to repay the money THe Condition of this Obligation is such That whereas the within named A B. the day of the date within written hath delivered and given the within bounden C D the sum of eight pound in consideration that the said C D should on this side and before the third day of J. next coming after the date within written cure and make whole the said A B. of the disease or diseases wherewith the said A B is now grieved If therefore the said C D do before the said 3d day of J. next well and sufficiently and safely cure and make whole the said A B of the said diseases And also in case the said A. at any time after and before the fourth day of M. next following be grieved or vexed with the said diseases or any part thereof or that the said disease or any part thereof do before the fourth day of M. issue or grieve upon any part of the bodie of the said A B. Then if the said C D. his executors or assignes within twentie daies next after the said fourth day of M. do well and truly repay or cause to be repaid unto the said A B. his executors administrators or assigns the said sum of eight pound without fraud or covin This present Obligation to be void c. To stand to an Award THe Condition of this Obligation c. That if the within bounden A B. his heirs executors and administrators and every of them do stand to obey observe perform fulfill and keep the Award arbitrament order rule and judgment of E F Arbitrator indifferently elected named and chosen as well on the part of the said A B as on the behalf of the within named C D to arbitrate award ordaine judg and deem as well for and upon the right title claim possession and interest of one close containing by estimation twelve acres of land be it more or lesse with the appurtenances lying and being in G