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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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our uses had or may have receive enjoy take or recover the same or the whole sum or summes of mony penalties forfeitures fines issues profits commmodities and advantages due for the same or any part or parcell thereof by any waies or means whatsoever And further know ye that we of our special grace certain knowledge and meer motion have given and granted and by these presents for us our heires and successours do give and grant to the said W and R their executors administrators and assignes and to every of them that they and every of them shall and may from time to time and at all times hereafter have perceive receive leavy take and enjoy to their owne proper use and uses the said sum and summes of mony goods chattels debts duties leases obligations bills escripts writings indentures forfeitures profits advantages and commodities whatsoever that are so forfeited and due to us by reason or meanes of any of the said Utlagaries according to the effect of this our grant as well at the hands of any of our officers and Ministers as also at and by the hands of any other person and persons and this our Letters patents or the inrollment thereof shall be from time to time and at all times hereafter a sufficient warrant and discharge as well to all Judges Barons of our Exchequer and all other our officers and Ministers and to all other persons whatsoever for the payment allowance and delivery of the premisses by these presents granted or any part thereof without any further warrantie to be made or sued from us our c. to them or any of them And further of our special grace certain knowledg and meer motion for us our c. we give and grant unto the said W R their c. and to every of them at all time and times hereafter for the better executing of this our grant full power and authority to enter into the said leases and take seize leavie receive have and enjoy by themselves or by any other their Ministers deputie or deputies in any place or places whatsoever within th●s our Realm the said sum or sums of mony goods chattels debts duties obligations bills escripts writings indentures forfeitures profits advantages commodities and other the premisses whatsoever of any person or persons according to the due order and course of our lawes And moreover of our special grace meer motion and certaine knowledg for us our heires and successors we do give and grant unto the said W and R their c. and every of them full power and lawful authoritie as absolutely wholly and freely as wee our selves our c. may or can do to compound or agree with any person or persons whatsoever for the said sum or summes of mony goods chattels debts duties obligations bills escripts writings forfeitures profits advantages and commodities and other the premisses before by these presents to them granted And that the said W. and R. their executors administrators and assignes and every of them shall have full power and authoritie to release acquit and discharge all and every person and persons whatsoever their heirs executors administrators and assignes their lands tenements hereditaments goods and chattels for the said ready mony goods chattels debts duties obligations bills escripts writings indentures forfeitures profits advantages and commodities before by these presents granted and that the said composition agreement release acquittance or other discharge so made or done by the said W and R their executors administrators or assignes or by any other shall be a sufficient and lawful barre discharge acquittance and exoneration against us our heirs or successors to be pleaded or sued by any person or persons which shal at any time hereafter be impleaded sued molested or vexed by us our heires or successors or by any other person or persons by any grant assignment or appointment by us our c. of or for the same in as large manner and strength as the same were made or done by us our c. or by any of us And further of our special grace c. for us our heirs and successors wee do give and grant to the said W and R. their c. and every of them full power and authoritie in the name of the said W and R during their lives or in the name or names of their c. after their decease or otherwise to sue for implead or recover prosecute demand leavie perceive take put in due execution and the said sum and summes of mony goods chattels debts duties obligations bills escripts writings indentures forfeitures profits advantages and commodities and all other the premisses and every of them to have against any person or persons whatsoever according to this our grant in any of our Court or Courts of Record or in any other place or places within this our Realm according to our lawes and statutes at the will and pleasure of the said W and R. their c. and every of them And further of our special grace c. for us our c. we do give and grant unto the said W and R their c. and every of them full power and authoritie or in the name of us our c. or in the name or the names of the said W and R their c. to redeeme have and enjoy all and every lease and leases term and terms of yeares indentures and indenture which the said W A in his life-time did mortgage convey or assure to any person or persons upon any condition or conditions for the payment of any sum or summs of mony on his part to be paid in as large and ample manner and form as we our c. or any other in our or their names or to their uses can or may redeem have or enjoy the same by any waies or means whatsoever although expresse mention of the certaintie of the premisses or any of them or of any other gifts or grants by us or any of our progenitors to the said W A before this time made in these presents be not expressed or declared any statute act law ordinance provision or proclamation of the contrary herof had made ordained or provided or any other thing cause or matter whatsoever to the contrary thereof in any wise notwithstanding In witnesse c Witnesse our self at Westm c. A grant of the forfeiture of a recognizance acknowledged before two Justices of the peace to the Queens use ELizabeth c. Greeting whereby a recognizance taken and acknowledged at Metham c. before I L and E B Justices of our peace in the said county the nine twentieth of c. W L and C B did come and undertook as pledges or sureties for T W. That is to say every of them severally for himself under the penaltie of ten pounds the foresaid T W under the penaltie of an hundred pounds to be taken and leavyed of the lands tenements hereditaments goods and chattels of them and every
bargained sold aliened assigned and set over and by these presents doth fully clearly and absolutely c. unto the said I S as well the said recited Indenture dated the said 21 of S. in the said 39 year of c. as also all the estate right title interest possession term of years reversion claim and demand whatsoever which he the said I F hath or had or may might or ought to have or claim of in or to the said water and wind-mills and the said Toll of the same Faires Markets Tolls Site of the Manor Demesne Lands Lands Tenements Meadowes Feedings Pastures Commons Profits Commodities Emoluments Hereditaments and all and singular other the premises before recited and to him the said I F in or by the said recited Indenture of Lease mentioned to be demised and granted and of in and to every part and parcel thereof with the appurtenance by force and vertue of the same Indenture of Lease dated the 21 day of S or any thing therein contained or otherwise To have and to hold the said Water and Wind-mils and the said Toll of the same Fairs Markets Tolls site of the Manor Demeasne Lanes Lands Tenements Meadowes Feedings Pastures Commons Profits Commodities Emoluments Hereditaments and all and singular other the premises herein before mentioned meant or intended to be granted bargained and sold and every part and parcel thereof with the appurtenances except as before excepted and also all the said estate right title interest possession term of years reversion claim and demand whatsoever of him the said I F of in and to the same premisses before recited and of in and to every part and parcel thereof with the appurtenances unto the said I S his c. from the day of the date of these presents for and during and unto the full end and accomplishment by course of time of all the said several term and termes of years mentioned to be demised or granted to him the said I F in or by the said recited Indenture of Lease dated the said 21 day of S. and that in such like and in as large ample and beneficial manner and form to all intents and purposes as hee the same I F hath or had or may or ought to have and enjoy the same premisses by force and vertue of the said recited Indenture of Lease to him the said I F made and granted as aforesaid or any thing therein contained together with the same Indenture And the said I F doth covenant c. in manner and form following viz. That he the said I F hath not at any time heretofore done or committed That the Assignor hath not done any act to incumbe the estate neither shall or will at any time hereafrer do or commit any act or acts thing or things whereby the estate right interest or term of years of him the said I F in or to the premises or any part thereof is or shall be troubled charged or incumbred the rents covenants conditions and agreements in the said recited or mentioned Indenture dated the said 21 day of S. in the said 39 yeare of the Raigne of our said Soveraigne Lady and hereafter to bee done and performed only excepted and fore-prized And that he the said I S his c. and every of them shall or may at all times hereafter and from time to time For quiet enjoying void of incumbrances for and during all the rest and residue yet to come and unexpired of the said several termes of years mentioned to be demised or granted to him the said I F in or by the said recited Indenture of Lease dated the said 21 day of S. peaceably and quietly have hold use occupy possesse and enjoy the said Water and Wind Mills Tolls Fairs markets site of the Manor Demeasne Lanes Lands Tenements Meadows Feedings Pastures and all and singular other the premisses herein before mentioned to bee granted bargained sold assigned and set over and every part and parcel thereof with the appurtenances except before excepted cleerly acquitted and discharged or otherwise upon reasonable request suffered saved and kept harmlesse of and from all bargaines sales gifts grants Leases assignements mortgages forfeitures re-entries rents arerages of rents statutes recognizances judgements extents executions and of and from all other charges titles troubles and incumbrances whatsoever had made committed or done by him the said I F or by any other person or persons by his meanes assent or procurement The several yearely rents and covenants reserved and comprized by and in the said recited Indenture of Lease which on the Tenants or Farmours behalfe from henceforth for and in respect of the premises hereby mentioned to be bargained and sold are or ought to bee paid done or performed only except and fore-prized Of which said rents and covenants concerning only the premises the said I S doth covenant promise and grant for himself his executors administrators and assignes and every of them at all times hereafter and from time to time upon reasonable request cleerely to acquit exonerate and discharge save or keep harmlesse the said I F his executors and administrators and every of them against the said H T and A their executors administrators and assignes and every of them And whereas also the said H T by the name of H T of E c. and one A B of Assignement of an Obligation c. by their Obligation bearing date the 21 day of S. in the said 39 year of her Majesties Reigne are and stand jointly and severally holden and bound unto the said J F in the summe of 300 l. of c. with condition for the performing observing fulfiling and keeping of all and every the covenants grants articles and agreements which on the part of the said H T his heirs executors administrators and assignes are or ought to be performed observed fulfilled and kept mentioned and comprized in the said Indenture of Lease bearing date the said 21 day of S. made between the said H T and A his wife of the one part and the said I F of the other part as by the same Obligation and Condition more plainly likewise doth and may appeare Now the said J F for the consideration aforesaid doth by these presents grant and set over unto the said I S his executor● and assignes the said recited Obligation and the penalty and summe of 300. l. therein contained And also doth hereby make assign Letter of Atturney depute and constitute the said I S to be his true sufficient and lawful Atturney and Deputy irrevocable for him and in his name to ask levy recover and receive of the said H T and A B their heires executors or Administrators the said summe of 300 l. of c. And further the said I R doth by these presents grant unto the said I S full power and authority in execution of the premises the said H T and A B their heirs executors and administrators and every or any
and administrators and every of them of and from all and all manner of bonds and writings obligatory whatsoever wherein the said R B is and standeth bound for me the said J P in any summe or sums of money to any person or persons whatsoever as also for divers other good causes and considerations me hereunto especially moving Have given granted bargained and sold and by these presents do give Grant grant bargain sell and confirm unto the said R B. all and singular my leases goods and chattels whatsoever as well reall as personall of what kind nature qualitie or condition soever the same are or be and in what place or places soever the same are or be and in what place or places the same shall or may bee found as well in my owne custody and possession as in the hands custodie and possession of any other person or persons whatsover To have and to hold all and singular the said leases goods and chattels and all other the premisses with the appurtenances to the said R B. his heires executors administratours and assignes to his and their owne proper use and behoof for ever And I the said I P and my heires all and singular the said goods and chattels and other the premisses unto the said R B his executors administrators and assignes to the use aforesaid shall and will warrant and for ever defend by these presents Provided alwaies That if I the said I P my executors Proviso to save harmlesse administrators or assignes or any of us doe and shal from time to time and at all times hereafter cleerly acquit and discharge or otherwise sufficiently save and keep harmlesse the the said R B his c. and all his and their goods chattels lands tenements c. and everie of them of and from all and singular bonds and writings obligatory whatsoever wherein or whereby the said R B at the request and for the debt of me the said I P is and standeth bound to any person or persons whatsoever in any summe or summes of money and of and from all manner of actions suits charges troubles expences and demands whatsoever which shall or may in any wise hereafter arise happen come grow or bee to or against the said R B his executors or administrators or any of them for or by reason or meanes of the same obligations or writings obligatory or any of them or any thing in them or any of them mentioned or contained That then this present deede or grant and everie thing herein contained shall bee utterly void and of none effect any thing herein before specified to the contrary thereof in any wise notwithstanding In witnesse c. A lease of a house and certaine lands made in consideration of a certaine sum of mony the fee-simple being in the lessor THis INDENTVRE made the c. betweene M C of c. Gentleman and A C now wife of the said M on the one part and T E of c. Esquire on the other part Witnesseth that the said M C and A his wife for and in consideration of the sum of c. of lawfull mony of England to them in hand paid before the ensealing and delivery of these presents by the said T E. whereof and wherewith they the said M C and A do acknowledge themselves to be fully satisfied contented and paid and thereof and of every part and parcel thereof doe cleerly acquit and discharge the said T E his c. Have demised c. unto the said T E all that his manor house with the rights members and appurtenances thereof situate lying and being in A in the parish of W in the County of Warwick and all that close of pasture commonly called or knowne by the name of c. containing by estimation forty acres be it more or lesse And also all that close of pasture commonly called or knowne by the name of the middle-pasture containing by estimation twenty acres be it more or less and all that close of pasture c. all and singular which said closes and other the premises are or late were in the tenure or occupation of the the said M or of his assignee or assigns and are situate lying and being in A aforesaid in the said County of W. and also all other the messuages houses edifices buildings dove-houses ortchards gardens tenements meadowes pastures feedings woods underwoods commons wast grounds moors marshes rents reversions services profits commodities and hereditaments whatsoever of them the said M C or A C or either of them situate lying and being in A aforesaid or W. or in either of them in the said County of Warwick To have and to hold the said Mansion house closes of meadow pasture and arable and all and singular other the premisses Habendum with their and every of their appurtenances before by these presents demised or mentioned to be demised and every part and parcell thereof unto the said T E his executors administrators and assignes from the feast day of c. last past before the date hereof unto the full end and terme of c. from thence next ensuing and fully to be complete and ended yeilding and paying therefore yearly Reddendum during the said term unto the said M C and A his wife and their heirs and assignes one pepper corn at the feast of c. if the same shall be lawfully demanded And the said M C for himself and for the said A his wife That he is seized in fee and hath power to demise their heires executors and administrators and for every of them doth covenant promise and grant to and with the said T E his c. and to and with every of them by these presents in manner and forme following that is to say that he the said M C at the time of the ensealing and deliverie of these presents standeth and is lawfully seized in his demeasne as of fee of and in the said mansion-house severall closes and of and in all other the premisses before by these presents demised or mentioned to be demised with their and every of their appurtenances without any manner of condition or limitation of use or uses to alter change and determine the same and that they the said M C and A or one of them now have or hath full power and authority to demise and grant the said mansion house and other the premises with their appurtenances and every part and parcel thereof unto the said T E his executors administrators and assignes in manner and form as aforesaid And also the said mansion house closes and other the premisses before by these presents demised or meant mentioned or intended to bee demised and every part and parcel thereof now are to be and by and during the said terme of c. by these presents granted shall be remaine and continue unto the said T E. his executors administrators and assignes of the cleer yearly value of c. at the
the rate aforesaid shall be paid at or in c. The one moity thereof within ten days next after the sealing of the said Letters patents and the other moity thereof within three months then next following In witnesse c. Articles of agreement for passing a Lease in Reversion FIrst Whereas the said E F hath already delivered unto the said C D a Particular in parchment under the hand of I H Auditor of the County of C. of a messuage or tenement called D in the same County parcel of the Manor of S. and parcell of the possessions of the Bishoprick of Ely of the yearly rent of 4 l. of lawful money of England The said C D for him his executors and administrators doth covenant and grant to and with the said E F his executors and assignes by these presents That the same C D shall and will do his best endeavour with as much convenient speed as he can or may to procure and get the same premisses with their appurtenances to be passed and granted at the rent aforesaid amongst other things in reversion from her Majestie by Letters patents under the great Seal of England for such term of years as her Highnesse shall be pleased to grant In consideration whereof the said E F for him his executors and administrators doth covenant and grant to and with the said C D his executors and assignes by these presents in manner and form following viz. That if the same premisses shall be granted from her Majestie by Letters patents as aforesaid for the term of 21 yeers in reversion That then he the said E F his c. shall and will well and truly pay or cause to be paid unto the said C D his c. so much lawfull money of England as the premisses aforesaid shall amount unto after the rate of thirteen years fine and if for thirty years then after the rate of fifteen yeers fine and if for forty years then after the rate of seventeen years fine and if for fiftie years then c. as before ratable And that all such summ and summs of money as shall arise and grow due after the rate aforesaid shall be paid unto the said C D his c. at or in c. in manner and form following that is to say The one moity thereof within ten dayes after the ensealing of the Letters patents aforesaid and the other moity thereof together with the ordinary cost and charges for the passing of the premisses within ten weeks then next following Upon the payment of which first moity the said C D doth covenant and grant for him his executors and administrators by these presents to and with the said E F his executors and assignes and every of them That the patentee or the patentees to whom the same premisses shall be so passed by Letters patents as aforesaid shall and will at the costs and charges in the Law of the said E F his executors or assignes convey and assure all and singular the same premisses above mentioned and every parcell thereof with the appurtenances unto the said E F his c. or to such other person or persons as he or they shall nominate or appoint clearly discharged of all incombrances done by the said patentee in such manner and form and with and under such covenants clauses and agreements as in like cases is used The said E F his c. then making and giving unto the said C D his c. such good and sufficient securitie for the payment of the other moitie of the said summ and summs of money and costs and charges aforesaid as the said C D his c. shall then like of and accept In witnesse c. Covenants to set up a grate of Iron to be placed about a Tomb. THis INDENTURE made c. Witnesseth That it is covenanted granted condescended and agreed between the said parties and the said A B doth covenant c. to and with the said C D c. in manner and forme following that is to say That he the said A B his executors administrators or assigns at his or their owne proper costs and charges shall and will make set up and fully finish in all manner of stuff and workmanship one grate of iron to be set and placed about the Monument or Tomb of the Right Honourable c. deceased and intombed in the side Isle of King Henry the VIIths Chappel of Westminster and that the same Grate shall contain in length c. and in breadth five foot and eight inches of assize and in height the bars shall coutain c. of assize and that the workmanship of the said Grate shall be made performed and finished in all proportions and fashon like and according to the grate already placed in the said Isle about the Tomb of c. differing nothing from the same but only to lack six vanes and a garnishing of Perculesses and Roses which be about the same Grate And that there shall be 34 bars in either side of the said Grate so to be made over and besides three main pillars and twenty bars at each end thereof and the same bars to be of the same bigness as the said bars of the other grate And that the said Grate shall be made and set up in the place aforesaid and well workman-like and fully finished in all things in manner and form aforesaid according to the plain meaning of these presents before the 14 day of c. without fraud or covin In consideration whereof the said C D hath paid and by these presents for himself his executors and administrators doth covenant and grant to pay or cause to be paid unto the said A B his executors administrators or assigns the summe of 35 l. of c. in manner and form following that is to say at the ensealing hereof 15 l. of which said 15 l. c. and on or before the said tenth day of c. upon the finishing of the said grate to be made and set up as aforesaid 20 l. c. at the Tomb of the said Countesse c. in full payment and satisfaction of the said sum of 35 l. In Witnesse c. Covenants to hew and make an Alablaster Tomb. THis INDENTVRE made c. Witnesseth That it is covenanted granted promised condescended agreed and fully concluded between the said parties for the one to and with the other of them their heirs executors and Administrators and the heirs c. of every of them in manner and form following that is to say that the said A B shall before the Feast of c. well and truly workman-like and surely to the best of his power cunning and knowledg in good and Artificial order cunning and knowledge hew cut work carve make up and finish of Alablaster Sussex Marble Kentish stone and Touch one Tomb or Sepulcher according to the length breadth and fashion of a Pattern drawn by the small foot brought and shewn by the said A B
c. to all to whom c. Greeting Know ye That we of our especiall grace certain knowledge and mere motion for us our heires and successors have granted to our beloved servant P V of c. born in lower Germany I V his wife of c born in the Earldom of Flanders That they and either of them during their lives and the lives of either of them may be Subjects and true lieges of us our heirs and successors and that they as lieges of us and of our heirs successors during their lives in all things may be treated reputed had holden and governed as our faithfull lieges and either of them during his life and the lives of either of them may be treated reputed holden and governed as a faithfull liege of us our heires and successors as if they or either of them were born within our Kingdom of England and not otherwise or in any other manner And that they the said P V and I during their lives and the lives of either of them all Actions reall personall and mixt in all our Courts and Jurisdictions and of our heires and successors may have exercise and them use and enjoy and therein implead and be impleaded answer and be answered defend and be defended and either of them so may in all and by all things as our faithfull lieges born in our said Realm of England And moreover That the said P V and I during their lives and the lives of either of them may and may be able to purchase receive take hold and possesse lands tenements reversions and hereditaments and other things whatsoever within our Realm of England and within our other Dominions in see-simple see tail for term of life or lives for term of year or years or any other way at their pleasure and at their pleasure of either of them and them use and enjoy in as large and ample manner as any other of our lieges within our Realm of England may and be able to do and them demise give sell alien and ingage to any person or persons to whom they shall please lawfully and freely as any of our lieges born within our Kingdom of England may or be able to do And that they the said P V and I from henceforth hereafter during their lives and the life of either of them by vertue or power of any Act Statute Ordinance or grant made or to be made be no otherwise bound or compelled or either of them bound or compelled to pay do or bear to us or to any of our heires or successors or to any other any other Taxes tallages subsidies granted or to be granted by Act of Parliament to us our heires or successors or any other customes impositions or charges whatsoever for their things Chattels debts goods lands or persons or either of them but onely such and so much as other our faithfull lieges born within our Kingdom of England for their things Chattels debts goods lands or persons pay give do or bear or have been commonly used to do or bear and not otherwise or in any other manner But the aforesaid P V and I may have and possesse all and all manner of liberties franchises and priviledges whatsoever and them may use and enjoy within our Realm of England and our Jurisdictions as freely quietly intirely and peaceably as other our faithfull lieges born within our said Kingdom of England may use or enjoy the same without lett molestation hinderance vexation or disturbance of us our heires or successors Justices Escheators Sheriffes Bayliffes Customers or other officers or ministers whomsoever by what Acts of Parliament of us our heires or successors Ordinances Proclamations provisions or any other matters made or to be made to the contrary thereof in any wise notwithstanding And further of our more abundant grace certain knowledge and mere motion We grant for us our heires and suceessors to the said P V and I that from henceforth it shall and may be lawfull to the said P V and I and to either of them from time to time and all times during their lives and the life of either of them at his free will to go and depart out of this our Realm of England or other our Realms into any parts beyond the Seas whatsoever and there to stay and remain and at his and her will pleasure and at his and her will and pleasure to returne into our kingdom of England when and and as often as they shall please during their lives without prejudice stop fine impediment forfeiture or grievance whatsoever of us our heirs or successors or of any of our officers or ministers of us our heirs or successors as fully freely and absolutely as the said P V and I or either of them may or might do whiles they were Aliens We will also and by these presents grant that the said P V and I shall have these our Letters made unto them without fine or see great or small for our use or otherwise for the premisses to be paid or given any statutes ordinances or proclamations in our Parliament or of our Predecessours or out of Parliament to the contrary heretofore made or proclaimed or hereafter to bee made or proclaimed or for that the said P V and I were borne in the parts beyond the Seas and out of our allegiance or for any other cause or matter whatsoever notwithstanding In witnesse c. A Deed of Gift of Land without Indenture TO All c. Know yee me the said A B for and in consideration of the summe of c. of good and c. to mee by C D c. well and faithfully payd whereof I confesse c. and the said C D his heirs executours and administrators thereof acquit and for ever discharge by these presents To have given granted and by this my present Writing confirmed to the said C D All that messuage c. which said messuage c. I lately had to mee and my heirs for ever of the gift and grant of E F c. as by the said Deed dated c. more fully appeareth To have and to hold the said messuage and all and singular the premisses with all and singular the appurtenances to the said C D his heirs and assignes to the onely use and behoof of the said C D his heirs and assignes for ever to be holden of the chief Lord of the Fee by the services due and of right accustomed And I the said A B and mine heirs the said messuage c. and all and singular the premisses with the appurtenances to the said C D his heirs and assignes to the onely c. against all people will warrant and for ever defend by these presents Moreover know yee me the said A B to have constituted c. A Letter of Atturney In witnesse whereof c. A Deed of Feoffment for a Wives Joynture TO All c. Know yee me the said A B in consideration of a marriage between mee
himselfe his heires executors and administrators doth covenant and grant to and with the said R D and B his wife their heires and assignes by these presents in manner and forme following That is to say That hee the said I W at the time of the ensealing and deliverie of these presents is That hee is seized in fee and hath power to grant and standeth lawfully and sufficiently seized of such a good perfect lawfull and indefeizible estate of inheritance in fee-simple or fee-taile and no reversion or remainder thereof in the Kings Majestie and to his and their owne use and uses without any manner of condition or limitation of any other use or uses to alter change or determine the same estate of and in the said Mannors Lands Tenements and hereditaments and all other the aforesaid premises before in and by these presents mentioned or intended to be granted aliened bargained and sold as hee the said I W can and may lawfully and sufficiently grant convey and assure all and singular the said Mannors of H. Lands Tenements and hereditaments and all other the aforesaid premisses with all and singular their appurtenances unto the said R D his heires and assignes for ever according to the true intent and meaning of these presents That the premises are discharged of incumbrances And also the said I W for himself c. doth covenant promise and grant to and with the said R D and B his wife and either of them their and either of their heirs and assignes by these presents That all and singular the said Mannor of H Lands Tenements and all other the aforesaid premisses with their appurtenances before in and by these presents granted aliened bargained and sold and everie part and parcel thereof at the time of the ensealing and delivery of these presents are and be and at all times hereafter shall be remaine and continue cleerely acquitted exonerated and discharged or otherwise upon request sufficiently saved and kepe harmlesse of and from all and all manner of former bargains sales gifts grants leases rents and charges and arrerages of rents titles troubles and incumbrances whatsoever had made committed suffered or done or to bee had made committed suffered or done by the said I W his heires or assignes or by any other person or persons whatsoever by his or their means acts titles consents and procurements except one lease c. And also that they the said R D and B his wife and either of them their heires and assignes and every of them shall and may at all times hereafter and from time to time for ever according to the true intent and meaning of these presents peaceably lawfully and quietly have hold use occupie possesse and enjoy all and singular the said Manor of H. Lands Tenements and all other the before bargained premises with all and singular their appurtenances before in and by these presents mentioned to be granted aliened bargained and sold and every part and parcel thereof without any manner of lawfull let suit eviction or disturbance of the said IW or his assignes or of any person or persons whatsoever claiming or lawfully having or which shall hereafter have or claim any manner of estate right title charge or interest of in or to the said Manor and all other the premises or of in or to any part or parcel thereof by from or under the said I W his heires or assignes All such persons as do claim by force of the Leases before excepted only excepted And furthermore that the said Manor of H and all other the foresaid premises That the premises are not holden in capite nor any part or parcel thereof are not holden of his Majestie in capite whereby any licence of alienation shall be needful to be had or sued forth for the bargaine sale conveying and assigning of the said Manor and other the premises to the said RD and B their c. Nor that the said R D his c. shall at any time or times hereafter be ward or wards unto our said Sovereign Lord the Kings Majestie his heires or successors for or in respect of the said Manor of c. and all other the premises or any part or parcel thereof And also the said I W for himself his c. doth covenant c. That he the said I W and M now his Wife and the c. of the said I and all and every other person and persons whatsoenow having or lawfully claiming or which shall hereafter rightfully claim any manner of right title or interest of in or to the said Manor and of all other the aforesaid premises or any part or parcel thereof by from or under the said I W his heirs or assignes except such persons as shall claim by force of the Lease before excepted shall and will at all times hereafter for and during the Term of three yeares next ensuing the day of the date of these presents doe make knowledg execute and suffer or cause to be made done knowledged executed and suffered all and every such lawful act and acts thing and things device and devices conveyances and assurances in the Law whatsoever with warranty against him the said I W and his heires for the further and more assurance and sure making of the said Manors Lands Tenements and of all and singular other the premises with the appurtenances and every part and parcel thereof to be had and made sure unto the said R D and B their heires and assignes for ever absolutely without any manner of condition or other limitation be it by fine or fines with Proclamation with warranty against him the said I W his heires and assignes Recovery with double or single Voucher or Vouchers Deed or Deeds enroled the enrolement of this present Feoffement with warrantie against him the said I W his heires and assignes release with confirmation with the like warrantie or without warrantie or by any or as many of the devcies wayes and meanes aforesaid as by the said R D and B or either of them their heirs c. as by their or any of their Councel learned in the law shall be reasonably devised or advised and required at the only costs and charges of the said R D and B their heires and assignes so that the said I nor M his Wife be not compelled to travel out of the C and City of M about the same assurance If he be lawfully evicted within 12 yeares the bargainor to pay 5 li an Acre And moreover the said I W. for himself his heires executors and administrators doth covenant promise and grant to and with the said R D and B and either of them and to and with the heires and assignes of either and every of them by these presents in manner and form following That is to say that if it shall fortune at any time within twelve yeares next after the date hereof the said R D and B and either of them their or either of
summe of c. according to the forme and effect of the Proviso and Condition hereafter mentioned shall and will upon reasonable request unto him or them to be made in that behalf convey and assure an estate of all and sigular the said premisses with all and singular their and every of their appurtenances unto the said I H his c. at his and their costs and charges in the Law to the use of the said I H his c. during the term of c. with warranty only against him the said VV P and his heirs and against all persons any thing claiming in by from and under the said VV P and also deliver up unto the said I H his c all such deeds evidences and writings concerning the premisses as he the said W P hath received the same without being defaced or impaired by the act or meanes of him the said VV P his c. And the said W P for him his c. and for every of them doth further covenant promise and grant to and with the said I H his c. by these presents in manner and form following viz. That if so be that the said W P his c. shall not leave notice in writing at the capital Messuage in W aforesaid that he or they will refuse the said Lands and Tenements and give warning there that he or they will have 140 l. paid unto them at the day and place limited for payment thereof in and by the Condition hereafter mentioned That then the said W P his c. or some or one of them notwithstanding any forfeiture shall and will well and truly pay or cause to be paid to the said I H his c. or some or one of them at or in the now dwelling house c. the full sum of c. in full payment of the said Purchase which said summe of c. is agreed between the said parties to be the full price and value of the said Manor and premisses Provided alwayes and it is neverthelesse conditioned and agreed by and between the said Parties to these presents that if the said W P his c. shall be minded hereafter to refuse the purchase of the tenements aforesaid and to have their or his mony again and do and shall for that purpose by writing under his or their hand or hands expresse and signifie the same and at and before the c. next ensuing the date hereof deliver and leave the said writing or notice of his or their mind and purpose at or in the capital Messuage of W. aforesaid that then if the said I H his c. or any of them do or shall well and truly pay or cause to be paid unto the said W P c. at or in the common Dining Hall c. the full sum of c. then and from thenceforth as well the said recited Indenture of Bargain and Sale as also this present Indenture and every clause article and argreement in the said Indentures or either of them conteined this present proviso or condition and the covenants in these presents expressed on the part and behalf of the said W P his heirs and assignes for re-assurance of the premisses unto the said I H his heires and assignes if the Proviso and condition in these presents expressed shall be performed only excepted shall cease and be utterly void frustrate and of none effect to all intents constructions and purposes any thing in these presents contained to the contrary thereof in any wise notwithstanding In witnesse c. A Grant of Receivorship from a Noble man TO all Christian people to whom this present Writing shall come R. Earl of E. and E. Viscount of H c. Know ye that I the said E. for divers good causes and reasonable considerations me moving have granted and given and by these presents confirmed unto my servant R S of c. the Office of Receivorship of all and singular my Lordships Manors Lands Tenements Possessions and Hereditaments whatsoever within the County of c. And the same R S Receivor of all and singular the premisses for me the said E and my heires do make and constitute by these presents giving and granting unto the said R S my full power and authority in all things touching the Receipt and Receipts aforesaid and to make lawful and sufficient Acquittances or Discharges unto all and every person and persons touching the premisses and that in as large and ample manner and form as any other Receivor or Receivors of me the said Earl at any time heretofore have used to do within the several Counties of c. In witnesse c. A short Letter of Atturney for the setting over of a bond KNow all men by these presents that I H H of c. Have made ordained constituted and appointed and by these presents do make ordain constitute and appoint my trusty and well beloved friend W M of c. to be my true and lawful Atturney for me and in my stead and name and to his own use to ask levy recover demand and receive of T M and N L of c. Gentlemen and either of them their executors and administrators the sum of c. which they have forfeited and from me unjustly do detain and keep for non-payment of the sum of c. at a certain day past as by one Obligation with condition thereupon endorsed bearing date c. more at large it doth and may appear giving and by these presents granting unto my said Atturney my full power and authority in all things touching this my present businesse and in my name to commence and prosecute any Action or Actions Suit or Suits for the recovery and getting of the said sum of c. and every or any part thereof and Atturney or Atturneyes in that behalf to constitute and make and upon receipt thereof or of any part thereof Acquittances or other lawful discharges in my stead and name to make seal and deliver ratifying and allowing by these presents all and whatsoever my said Atturney or his Assignes shall for obtaining and recovery of the said summe of c. or any part thereof do or cause to be done in my stead and name And also I the said H H do covenant and promise by these presents That I the said H H have not released nor will not release the said T M and N c. of the said Bond nor of the penalty therein contained nor countermand this present Letter of Atturny nor the Authority thereby granted nor any suit act or proceeding at any time hereafter by vertue of these presents to be done In witnesse c. A Letter of Atturney to receive a sum of money out of the Exchequer being parcel of a greater sum given to me by the King by Privy Seal TO all Christian people to whom this present writing shall come I L one of the Gentlemen of the Privy Chamber of our Soveraign Lord King Charles that
continuance of the foresaid lease by the said Letters patents Giving and granting unto my said attorney by the tenour of these presents my full power and authority for me and in my name to do say execute finish and perform all and every act and acts thing and things whatsoever needful and necessary to bee done in and about the premisses as fully wh●lly and firmly and in as large and ample manner and form in every condition and degree to all intents constructions and purposes as I my self might or could do if I were personally present ratifying allowing and holding firm and stable all and whatsoever my said atturny shall lawfully do or cause to be done in or about the execution of the premisses In witnesse whereof c. A Covenant for the leavying of a fine AND the said C B for himself c. that hee the said C B and his heirs shall and will at and before the c. at the proper costs and charges of the said C B in the c. according to the usual course of fines and recoveries used and accustomed and according to the form of the said court leavy one lawful or sufficient fine and suffer a lawful and sufficient recovery to be had and made against him the said C B and his heires unto the said W W and F W and their heirs or the survivors of them or to such other person or persons as the said W and F or the survivors of them or their heirs shall nominate and appoint of all that messuage c. naming the lands with all and singular their appurtenances situate lying and being in C. aforesaid in the said County of B. which said fine or fines and all other assurances and conveyances to be had made leavyed acknowledged or executed of the premisses or any part thereof by the name or names or in any other manner or forme shall be And the said W W and F W. and their heirs and all and every other person or persons and the survivors of them and his heirs to whom the said fine shall be leavyed or acknowledged as aforesaid shal stand and be seized of all and singular the premisses and every part thereof to the only proper use and behoof of the said W and F and their heires for ever to the intent a lawful and sufficient recovery may be had of all and singular the premises and of every part and parcel thereof according to the true intent and purpose of these presents which said recovery shall be and shall be alwaies deemed adjudged and taken to be to the only use and behoof of the said C B and A P and of the heirs males of their bodies to be begotten for default of such issue then to the use and behoof of the said C B and of his c. for ever In witnesse c. A Covenant to surrender at the next Court. ANd the said c. That at the next Court holden at the Manor of E in the said County of W. the said R I and his wife shall come and personally appear in the face of the said Court of the Manor aforesaid and in the open face of the said Court according to the custome of the said Manor shall into the hands of the Steward of the said Court or his deputie surrender resign and yeild up to the said use of T S his c. all that their right estate title interest and demand which they now have or by any means may have of and in the said copyhold lands and tenements with the appurtenances called or known by the said name or names of c. or any other lands tenements c. which are claimed to be holden of him by copie of Court Roll of the said Manor of W. or to the same or to any part or parcel of the same belonging or so reputed esteemed or taken A covenant for further assurance ANd the said L M for himselfe his c. That hee the said L M and A now his wife and the heires of the same L. and all and every other person or persons whatsoever having or claiming or which shall or may have claim or pretend to have any manner of right interest or other thing into or out of the before mentioned premisses or any part or parcel thereof by from or under the said L M shall and wil from time to time and at all times hereafter upon every reasonable request and at the cost and charges in in the law of the said c. his heirs or assignes doe make knowledg suffer and execute or cause to bee done made knowledged suffered and executed all and every such lawful act and acts thing and things devise and devises conveyances and assurances in the law whatsoever for the further better and perfecter assurance surety more sure making and conveying of all and singular the said messuages lands tenements and hereditaments and all other the premises aforesaid and every part and parcel thereof unto the said L B his c. for ever be it by fine or fines with proclamation recovery or recoveries with double or single voucher or vouchers deed or deeds enrolled the enrollment of these presents release confirmation with warranty against all every person and persons or without warranty or by all any or as many of the waies means devises aforesaid or by any other waies or means whatsoever as by the councel learned in the law of the said LB best may or can be devised or required so as the said I A for the making c. be not enforced to travel above twelve miles from his dwelling place A Covenant that the Premises are discharged of incumbrances ANd the said A B for himself c. That the said Messuages Lands Tenements Meadowes Leasowes Pastures Woods Rents Reversions Remainders Services and Herediments and all and singular other the premisses with the appurtenances before in and by these presents given grantted bargained and sold and every part and parcel thereof at the time of the ensealing and delivery of these presents are and so at all times hereafter for ever from time to time shall be remain and continue unto the said T B his heirs and assignes cleerly acquitted and discharged or otherwise sufficiently saved and kept harmlesse of and from all and all manner of former bargains sales gifts grants leases joyntures dowers uses wills intails rents charge rent-seck arerages of rents fines for alienation statutes recognizances judgments extents seizures intrusions executions and of and from all and singular other charges titles troubles incumbrances and demands whatsoever had made knowledged consented unto procured done or suffered or to be had made knowledged consented unto procured done or suffered by the said A B his heirs or assigns or by any other person or persons whatsoever the rents and services from henceforth to be due to the chief Lord or Lords of the Fee or Fees whereof the premisses are holden only excepted A Covenant that he is lawfully
seized and hath power to demise ANd the said G H for himselfe c. That he the said G H at the time of the ensealing and delivery of these presents is and standeth lawfully seized of an indefeizible estate of inheritance in Fee-simple or Fee-taile of and in all and singular the before demised premisses with the appurtenances and every part and parcel thereof without any manner of condition or limitation of use or uses to alter and change the same and also that he the said G H now hath full power true Title and absolute Authority to demise grant c. the said Messuage Tenement or Farm and all other the demised premisses with the appurtenances and every part and parcel thereof unto the said I P his executors administrators and assigns for the term of c. in manner and form as in and by these presents is mentioned limited and expressed A Covenant That the Lessee shall not commit waste cut nor sell the trees without the consent of the Lessor AND the said T H for himselfe c. That he the said T H his executors administrators and assignes nor any of them shall not at any time hereafter during the said term commit cause procure or wittingly suffer to be done any manner of wilful waste or destruction in and upon the premisses or any part thereof nor shall cut sell take or carry away or cause procure or wittingly or willingly suffer to be cut felled taken or carryed away any of the woods under-woods or trees growing standing and being or which hereafter shall stand grow or be in or upon the premisses before demised or in or upon any part or parcel thereof without the License consent or agreement of the said V R his heires or assignes in writing first had and obtained A Liberty to make Leases PRovided alwayes and the true intent c. That it shall and may be lawful to and for the said I P at any time hereafter during c. to lease demise or grant the said Manor Lands c. or any part or parcel thereof to any person or persons whatsoever for the term of c. and under such Covenants Articles and Agreements and to such use and uses as to the said I P shall be thought meet and convenient any thing before in these presents contained to the contrary thereof in any wise notwithstanding An Indenture of Covenants for passing of a Recovery in the Common Pleas to cut off an Intail THis INDENTURE made c. between E C of c of the one part and W O and I H of c. of the other part Witnesseth That it is covenanted granted concluded and agreed by and betweene the said parties to these presents and the said E C shall and will permit and suffer the said W O and J H to purchase and bring out of the Kings Majesties High Court of Chancery a Writ of Entry Sur Disseisin in le post returnable before the Justices of the Common Pleas at Westminster at some certain day of Return in Easter Terme next coming by which Writ the said VV O and I H shall demand against the said E C all that Messuage Tenement or Farm with t●e appurtenances situate c. late in c. and also all that close of Pasture ground commonly called c. containing c. and all that close of Pasture c. and also all and singular Lands Tenements Rents Reversions Services Commons Profits Commodities Emoluments and Hereditaments whatsoever with all and singular the appurtenances to the premisses or any part or parcel thereof belonging or in any wise appertaining by such name and names and in such manner and form and by such number and quantity of acres as by the said W O and I H or the Survivors of them or the Counsel learned of them shall be demised To which Writ the said E C shall appear personally or by Atturney in the said Court of Common Pleas and enter into the said warranty and imparle and shall not after depart in contempt of the Court so as a good and perfect recovery shall and may be had in due form and order of Law of the said Messuages Land c. and all other the premisses with the appurtenances according to the usual course of common recoveries for assurances of Lands and Tenements in the said Court of Common Pleas. And that a Writ of Habere fac ' seifinam shall be thereupon awarded executed and returned accordingly And it is further condescended and agreed by and between all the said parties to these presents That as well the said recovery so to be had and executed as aforesaid as also all and every other recovery or recoveries conveyances and assurances whatsoever which before the Feast of c. shall be had and executed by and between the said parties to these presents or any of them of the said Messuages Lands Tenements and Hereditaments and all and every other the premisses with the appurtenances or of any part or parcel thereof by what name or names soever the same shall be so had and executed and the full force and execution of them and every of them shall enure and be and shall be construed adjudged and taken to be and enure unto the said VV O and I H and the Survivors of them and the Heirs of the Survivors of them shall for ever from thenceforth stand and be seized thereof and of every part thereof to the only use and behoof of the said E C. his heirs and assigns for ever and to no other use intent or purpose In witnesse c. A Defeazance for payment of 100 l. per annum for a certain time THis INDENTVRE made c. between W W of c. and W W the younger son and heir c. on the one part and R M c. on the other part Witnesseth That whereas the said W W the elder and W W the younger in and by one Recognizance or writing obligatory of the nature of a Statute Staple lately made and provided for the recovery of debts bearing date c. It is now neverthelesse covenanted granted concluded and fully agreed upon by and between the said parties to these presents and of the parties thereunto is and the said R M is contented and pleased That if W W and W W the elder or either of them their or c. do and shal every year yearly from and after the c. next ensuing the date of these presents for and during the term of c. from thence next ensuing and fully to be complete and ended well and truly pay or cause to be paid unto the said R M his c. at or in c. one annuity or yearly sum of C l. of lawful c. at two daies or terms in the year that is to say on the c. and the c. from time to time every year yearly one next and immediately ensuing the other by even and equal portions during the