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

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give warning for the rendring and yeilding againe of the said Shop to the said S. his executors or assignes If then the said T. his executors or assignes at the end of one halfe yeare next after such warning so given doe without fraud or covin render and yeild againe the said Shop and all the said Implements in so good case as they now be to the said S. his executors or assignes then being ready to accept and receive the same That then c. A Condition that a Silver-worker shall re-deliver the Silver to him delivered to be wrought in Fashions prescribed alwaies within a time certaine THe Condition c. That where the within bound R. H. hath made request to the within named A. M. to worke his Silver and hath offered to finish the workmanship thereof and to make safe re-delivery of the same to the said A. M. his executors or assignes alwaies within the space of thirty dayes next after the severall times of any delivery thereof to be made to him the said R. to be worked upon as aforesaid If therefore the said R. H. from time to time as often as for that purpose any Silver shall be delivered to him by the said A. M. his executors or assignes do work the same Silver or cause it to be wrought according to such fashion workmanship as shall be appointed And also do re-deliver or cause c. unto the said A. his executors or assignes at the Shop now in the occupation of the said A. in W. of I. the said Silver ready wrought in such workmanship as therefore shall be appointed as aforesaid within thirty dayes respite according to the offer of the said R. in that behalfe made as is aforesaid to the said A. M. That then c. A Condition to procure the grant of an out-lawes goods to the Obligee by a day THe Condition c. That if the within bound W. B. before the second day of February next coming at his proper costs and charges do aswell procure and obtaine to be made and granted to the above named R. Y. or to his Executors or Administrators a good lawfull perfect sure and sufficient gift grant conveyance and assurance or grants c. in the Law in writing or writings sealed against and from the Queens Majestie heires and Successors and against and from every other person that right hath of all and singular such goods and chattells as have been in any wise forfeited to the Queens Majestie aforesaid by I. G. late of London Haberdasher by reason of any Outlagary or Outlagaries whatsoever in any Action personall or mixt pronounced against the said I. G. by any title name addition or calling whatsoever at any time or times between the last Session of the Parliament holden at Westminster in the eihgth yeare c. and the five and twentieth day of June in the ninth yeare of her said Reign As also in the meane time untill the said second day of February do save defend and keep harmlesse all the said goods and chattels in whose hands soever they or any of them now be or shall be from all seisures of the same or any part thereof to be made without the speciall procurement and request of the said R. his Executors or Administrators And do also before the said second day of February deliver the said writing or writings safe whole and uncancelled to the said R. his Executors or Administrators at the now dwelling house without fraud or covin That then c. A Condition to take one in execution upon a Statute by a day THe Condition c. That whereas one X C. of c. by a certaine writing obligatory commonly called a Statute dated c. knowledged and sealed before c. according to the Statute in that case provided hath bound himselfe to the above named I. L in three hundred pounds of c to have been paid at a day now past As by the said writing obligatory more plainly will appeare And whereas the said three hundred pounds is now clearly forfeited to the said I. L. And thereupon the above named H. D. for and upon good considerations hath agreed and promised to and with the said I. L. to procure the Kings Majesties Writ or Writs for the taking of the body of the said X and for the levying of the said three hundred pounds to the use of the said I. L. according to the course of the Lawes of this Realme in that behalfe ordained If the said H. D. doe sue out the said Writ or Writs accordingly to be directed to the Sheriff of the said County of D. and to any other Sheriff or Sheriffs of any other County or Countyes as shall seeme meetest to the said H. And the same to be returnable in Cr. Anim. now next coming And before the same day of returne doe aswell procure and cause the body of the said C. by vertue of the said Writ or Writs to be lawfully taken and detained in execution for the said three hundred pounds as also do procure returne thereof in due forme and lawfully to be made upon the said Writ or Writs at the day of the returne thereof aforesaid before the Kings Majestie in his high Court of Chancery without any manner of fraud or covin That then c. A Condition not to become surety nor play at Dice or Cards THe Condition c. That if the within bound A. B. at no time or times hereafter during the space of four years next c. become charged surety or bound by word promise bond bill or otherwise for the debt or cause of any person or persons other then for his own debt or cause for any summe or summes of money Goods Chattels Wares Merchandizes or other things whatsoever above the value of twenty shillings at one time And further if the said A. B. or any for him at no time or times hereafter during c. venter hazard or play at any Game or Games at or with the Dice or Cards for any summe or summes of money goods chattells wares Jewels or other thing or things whatsoever That then c. A Condition in case of divorce or seperation where the man and wives freinds are bound for not entermedling one with another THe Condition of this Obligation is such That whereas there is or with as much expedition as may be there shall be by sentence definitive a divorce or separation passed and had between the within named R. P. and I. now his wife by both their assents If therefore the said I do from time to time and at all times hereafter quietly permit and suffer the said R. P. to live continue remaine and be frank and free from and against the said I. at and according to his owne will liberty discretion and pleasure and in such place and places and with and in the company of such person or persons as the said R. P. shall think most meet and convenient without any cohibition
in case the said Ship by default of the said merchant his Factors or assignes shall be dispatched from Nants S. Michael Terceras and Fyall aforesaid within the sayd threscore dayes afore limitted and thirty dayes at Demoridge as afore mentioned that then it shall and may be lawfull for the Master of the said Ship to retourn with the said Ship to L. the Merchant paying Frait as aforesaid And the said J. C. for him his executors administ doth covenant Promise and grant to and with the said A. C. his executors and assignes by these presents that the said Ship at the time of her departure from and out of the said river of Thames upon her intended voyage shall be strong and sufficiently victualed tackled furnished and apparrelled with Masts Sales yards anchors Cables Rops Cords boate oares twelve peeces of Ordinance guns gunpowder Shot tackle apparrell amunition and furniture meet and needfull for the said Ship and voyage together with the aforesaid Master and Twenty men and boyes which men and boyes or so many of them as shall be needfull shall be ready at all due times with the boat of the said Ship and shall serve and carry the said merchant his Factors or assignes or any of them to and from Land during the said voyage And to the performance of all and singular the covenants grants articles payments agreements and all other things afore herein contayned by and on the part and behalfe of the said I. C. his executors or administrators or any of them to be paid don and performed as aforesaid the said J. C. bindeth himself his Executors and administrators and espcially the said Ship with her Freight tackle and apparrell unto the said A. C. his executors administrators and assignes in the summe or penalty of two thowsand pounds of Lawfull money of England truly to be payd by these presents And likewise to the performance of all and singular the covenants grants articles payment agreements and all other things afore herein contayned by and on the part and behalfe of the said A. C. his executors Administrators Factors or assignes or any of them to be payd don and performed as ●foresaid the s●id A. C. bindeth himself his executors Administrators and goods unto the said I. C. his executors administrators and assignes in the like summe or penalty of two thousand pounds of like lawfull money of England truly to be payd by these presents In Witnesse c A Charter Party IN the name of God Amen This Charter party Indented a fraighment made the 15. of May Anno 1657. Between L.T. and W. L. Partowners of the good Ship called the L. of London of the burthen of 100 tonns or thereabouts now ryding at an anchor in the River of Thames within the Port of this City of London of which Ship the said W. L. is Commander under God on the one part and R. M of London Merchant on the other part Witnesseth That the said Partowners have granted and letten to freight the said Ship unto the said Merchant by the month for and during the term or space of twelve moneths certaine to begin and to be accompted from the departure of the said Ship from Gravesend outwards bound upon her present intended voyage at and for the rate and price of two hundred and ten pounds of lawfull money of England per month and for such and so long time after the expiration of the said twelve moneths not exceeding twelve moneths more as it shall please the said Merchant his factors or assignes to keep the said Ship in his service and imployment at and for the like rate and price of two hundred and ten pounds of lawfull money of England per moneth And so after the same rate and price for a lesser time then a moneth accounting the months as they shall fall out in the Callendar and that the said Merchant hath accordingly levied the said Ship by the month at the rate and price aforesaid for a voyage by Gods assistance to be made with her as is hereafter mentioned That is to say the said Partowners for themselves their Executors and Administrators do covenant grant and agree joyntly and severally to and with the said Merchant his Executors Administrators and Assignes by these presents That the said Ship upon or before the twentieth day of June now next ensuing wind and weather permitting shall be ready and fitting to set sail and depart from hence upon her said intended voyage as wind and weather will permit the dangers of the Seas excepted shall directly sail and applie unto such parts and places within and without the Streights of Gibralter where the said Ship may safely arrive and lawfully trade not exceeding the Latitude of thirty degrees and further to the Southward as the said Merchant his Factors or Assignes shall direct order and appoint And that the said Ship the perils and dangers of the Seas excepted shall end her voyage in the Port of London And further that the said Ship before her departure from hence and during the time that she shall be in the service and imployment of the said Merchant his Factors or Assignes by vertue hereof shall lade receive and take into her and also discharge and un-lade out of her all such Goods Merchandizes and lading which she may conveniently stow and carry in her over and above her victualls tackle and apparrell as the said Merchant his Factors or Assignes shall think fit to lade and put into her or discharge and un-lade out of her and the said Merchant for him his Executors and Administrators doth covenant and grant to and with the said Partowners and either of them their and either of their Executors Administrators and Assignes by these presents That he the said Merchant his Factors or Assignes shall and will permit and suffer the said Ship with her ordinance tackle and apparrell to be safely returned in the River of Thames from the said voyage and be there discharged from and out of her said intended imployment at the expiration of twenty foure moneths to be accounted from the time of the said Ships entrance into her monthly pay as aforesaid the perills and dangers of the Seas and necessary use and wearing of her tackle and apparrell and furniture in the meane time only excepted And further that the said Merchant his Executors Administrators and Assignes shall and will well and truly pay or cause to be paid unto the said Part-owners or either of them their or either of their Executors or Assignes in London fraight for the said Ship for the said intended voyage at and after the aforesaid rate of two hundred and ten pounds of lawfull money aforesaid monthly for every month that the said Ship shall remaine and be in the service and imployment of the said Merchant his Factors or Assignes by vertue hereof And also after the same rate for a shorter time then a moneth that is to say from the time of the said Ships entrance into her
c. A Condition where one is become surety and is to become surety for the Obligor and hath lent and is to lend to the Obligor divers summes of money all expressed and to be expressed in a Book indented the Obligor is bound to make payment thereof at the dayes in the said Book limited THe Condition c. That whereas the above named R. M at the request and for the proper debt of the above bound E.T. hath entred and hereafter may happen to enter into divers bonds unto divers persons for payment of divers sums of mony And also hath heretofore at and by like request laid out and paid and hereafter may lay out and pay divers sums of money for the debt in the behalfe of the said E. All which bonds and summes of money already made and paid are mentioned and expressed in one Book indented thereof made between the said E. and R. and begun the eleventh day of July in the year c. as by the said Book indented doth appeare And whereas also the said R. and E. have agreed that all other such bonds and summes of money as the said R. hereafter shall make or pay for the said E. shall be entred into the said book indented and from time to time shall therein be signed with the hand of the said E. T. or of L. Y. now servant of the said E. as hereafter from time to time shall happen to be messenger from the said E. to the said R. in that behalfe if therefore the said E. his c. from time to time do well and truly satisfie content and pay or cause c. to the said R. M. at c. scituate c. all and singular summe and summes of money as the same shall be severally due and payable by vertue of the said severall bonds which are expressed or shall be expressed in the said book indented in forme aforesaid And also all other summe and summes already mentioned and which hereafter shall be mentioned in the said book indented as the same severally be or shall be there written down and appointed to be paid without Fraud or Covin That then c. A Condition where one hath received divers Legacies to the use of Children he is bound to make payment thereof to them at the times limited in the Will THe Condition of this Recognizance is such That where R. C. of c. deceased by his last Will and Testament in writing by him made and ordained the eighteenth day of June in the year of our Lord God c. and in the 18. year of the King c. amongst other things did give and bequeath to the above named R. W. by the name of R V Son to B W deceased his late Daughter the sum of two hundred pounds of c. And by the same his last Will and Testament did will and bequeath to T W V W and I W Brothers to the said R W the summe of three hundred pounds of c. that is to say to every one of them the summe of a hundred pounds And by his said last Will and Testament did also give and bequeath to E W and A W Daughters of the said B the summe of 1000. marks of c. That is to say to either of them two daughters 500. marks And further willed that all the said Legacies so appointed to the said five Children to wit T W V W c. should be and remaine in the hands of the above bounden R W Uncle to the said five children last mentioned which T. W the said R ● hath appointed by his last Will to be his sole Executor And that the said R. should be bound in the sum of three thousand pounds of c. to the said R W to pay the said severall Legacies to the forenamed five children as they shall severally accomplish their severall ages of one and twenty years or at the dayes of their severall marriages whether shall first happen to come And hath willed moreover that if it do fortune any of the forenamed five children to decease before payment made unto them of their said severall Legacies That then the part or portion of him her or them so dying shall be equally divided amongst the forenamed five children then living And over this also hath wholly given and bequeathed the residue of all his goods and cattalls debts monies plate jewells and houshold-stuff His Legacies being paid his Funerall debts and expences being discharged to all the aforesaid children equally and indifferently to be divided amongst them as by the said last Will and Testament plainly and at large may and will appear And whereas the said R W now being above the age of one and twenty years hath already had and received such of the Legacies aforesaid as to him are presently belonging by vertue of the Will and Testament aforesaid as by one acquaintance which the said R. W hath thereof made to the said R W plainly may appear And that all other the said Legacies Gifts and Bequests made as abovesaid to his said brethren and sisters are now to their use in the hands and custody of the said R W as by the said last Will and Testament is appointed If the said R W his Heirs Executors or Administrators do at the usuall place of payments and Receits in the Royall Exchange within the City of L well and truly severally content and pay all and every the said Legacies severally made to the said T W V W J W E W and A W as it aforesaid as they shall grow severally due and payable and according to the true intent and meaning of rhe said last Will and Testament Or else if the said R.W. his c in the last day of six months next after lawfull requests thereof to be made at the now Mansion house of the said R W scituate in N. in the County of C. do at the said place in the Royall Exchange aforesaid severally content and pay all and every the said Legacies made to the said T W V W c. severally growing due as is aforesaid to such person and persons to whom the same shall appoint and as the same shall grow due and payable according to the true intent and meaning of the said last Will and Testament That then c. A Condition to leave a woman two hundred pounds in monie and Goods for her Thirds by the Custome of London and if her part come to more out of the Husbands Goods at his decease that then that over-plus be answered also THe Condition c. That if A. now Wife of the above bound E S. ond naturall Daughter of the above named T M do survive the said E If then the Exectors or Administrators of the said E within the space of c. next after the decease of the same E. upon the request of the said A. her Executors or Assignes do well and truly pay yeild and deliver or cause c. into the hands
Premisses any longer by the payment of the yearly rent reserved by the said Indentures And thereof shall give notice to the said B. his Heires or Assignes by the space of one whole yeare and above beforehand And then in the Feast of Saint Michael next to ensue from the first day of October next following the said notice so to be given shall and will surrender and yeild up to the said B. his Heires or Assignes at the Tenement aforesaid that part of the said Indenture sealed by the said B. and all the residue of the interest and terme of years by vertue thereof in the said Tenement and other the Premisses then to be to come without any fraud or covin If then the said B. his Heires or Assignes do in the Feast of Saint Michael at the said Tenement accept the said Surrender and doe also then and there well and truly re-pay or cause c. to the said W. N. his Executors or Assignes the residue of the said Fine of forty pounds first to be paid defalked and deducted from the same so much lawfull English money as shall amount to foure pounds a year for every years occupation that the said W. his Executors or Assignes shall before such Feast of Saint Michael aforesaid have holden or occupied the Premisses by vertue of the Indenture of Lease abovesaid That then c. A Condition to save harmlesse of a Recognizance entred into for childrens portions THe Condition c. That where the within named I. P. in his life time together with the within bounden W. H. and I. H. and one J. C. Fishmonger became bound joyntly and severally by one Recognizance Taken and knowledged in the inner Chamber of the Guild-hall of the City of L. before Sir A. B. Knight then Lord Mayor and the Aldermen of the same City the second day of October in the 〈◊〉 year c. to G. H. Chamberlaine of the City of L. in the summe of sixty pounds of lawfull c. with condition for the sure payment of forty eight pounds of like money to the use of A. B. and C. children and orphans of R. G. Grocer deceased and for performance of divers other clauses and articles mentioned and contained in the said Condition of the same Recognizance As by the same Recognizance and Condition thereof more plainly may appeare If the said I. and W. or either of them their or either of their Executors or Administrators or some one of them at all times hereafter and from time to time do discharge and acquit or otherwise sufficiently save and keep harmlesse the Heires Executors and Administrators of the said I. P. and every of their Goods Lands Tenements Hereditaments Possessions and things and every part and parcell thereof against the said G H. and his Successors Chamberlains of the same City and all and every other person and persons of and for the said Recognizance and every clause and article contained in the Condition of the same and of and from all Actions Suits Judgements Losses Extents and Executions touching or concerning the same other then onely such as the said H. P. his Executors or Administrators by their willfull meanes shall procure to be sued or brought against the same H. his Executors or Administrators That then c. A Condition to save Executors harmlesse of Legacies given to certain children by the Testator and which Legacies the Executors have delivered to the Obligors for the Childrens uses Also to re-pay the same Legacies or a rateable part thereof in case the Overplus of the Testators goods above his Legacies will not satisfie his debts THe Condition c. That whereas the within named W. K. and S. S. Executors of the last Will and Testament of Dame E. D. Widow deceased Have before the making of this present Obligation paid satisfied and delivered unto the within named T. C. for the use and behoof of E. C. R. C. and M. C. God-children of the said Lady D. and Children of the said T. C. and M. his wife the summe of ninty pounds which the said Lady D. in and by her last Will and Testament did give to the said E. C. R. C. and M. C. viz. to every of them thirty pounds a peece As by the said last Will and Testament of the said Lady D. bearing date c. remaining of Record in the prerogative Court of of Canterbury more plainly will appeare If the said T. C. and the within bound B. D. To pay the Legacies according to the Wil. their executors and administrators doe well and truly satisfie content and pay the said severall Legacies so as before given to the said E. R. and M. or to the Survivor of them and to every of them or to their Heirs or Assigns according to the true purport effect and meaning of the last Will and Testament of the said Lady D. before mentioned And also do at all times hereafter save and keep harmlesse the said W. and S. and either of them And save harmlesse the children and the Executors and Administrators of either of them against the said E. R. and M. children of the said T C. and M. his wife and against all other persons claiming c. of and for the said summe of ninety pounds and every part thereof claiming by the said E. R. and M. or any of them and of and from all Actions Suits Molestations Costs and Charges touching the same summe or any part thereof and further in case it doe fortune that any debts due by the said Lady D. or any other thing or things whatsoever wherewith the said Lady D. or her Executors or Assignes might or ought to be charged withall by Law shall be at any time hereafter lawfully demanded and recovered without any fraud or covin against the said Executors of the said Lady D. or either of them To re-pay a rateable part c. which debt or any other thing or things so recovered shall extend to a greater value or quantity then the overplus of the goods of the said Lady D. will extend to satisfie over and above the Legacies given in and by her said Testament and over and above such charges as the said Executors have been at laid out in and about the Funerals of the said Lady D and also over and above such costs and charges as the sayd Executors have sustained or shall hereafter sustaine in and about the probate of the Testament and last Will of the said Lady D If then the said T.C. and B.D. or either of them or the Heires Executors or Administrators of either of them within three monethes next after reasonable request to them or any of them to be made shall render repay and yeild back again to the sayd W R. or S S. or to the Survivor of them or to the Executors or Administrators of the same Survivor such a rateable part and portion of the said sum of ninety pounds as being equally rated to and with the other
and Deputation and all the authority strength and effect thereof shall remaine and continue unto the said R. Y. his Executors Administrators and Assignes and to every of them in all his full force and virtue and at any time hereafter shall not be revoked or disallowed by me the said C. Lord H. mine Executors Administrators or Assignes or otherwise untill by warrant of the same the said R. Y. his Executors Administrators or assignes for their own use shall have had and levied of the Premisses in clear profit the full sum of nine hundred pounds of lawfull c. beyond all charges whatsoever and I the said C. Lord H. for the consideration aforesaid have given and granted and by these presents for me mine executors administrators and assignes do give and grant to the said R. Y. his executors and administrators nine hundred pounds of lawfull c. of the first clear profits which shall rise or be levied and received of the Premisses the same nine hendred pounds to be had received perceived levied taken and enjoyed to the onely use behoof and benefit of the said R. Y. his executors administrators and assignes without any account thereof or therefore or for any part thereof to me the said C. Lord H. mine executors administrators or assignes ar any time to be made given or yeilded or in any wise to be therefore required In witnesse c. Dat. 29. Julij c. A Deputation in a licence for planishing of Plate with an annuity granted for the same THis Indenture c. between R. S. of London Goldsmith on the one part and R.H. of London aforesaid Goldsmith on the other part Witnesseth that whereas our Soveraign Lord the King by his Letters Patents bearing date at Richmond c. for the consideration therein expressed hath given and granted licence and authority to the said R. S. by himselfe his Servants and any such as he shall set on worke to planish and hollow all and all manner of chargers of Silver Platters of Silver Dishes of Silver Sawcers of Silver Trenchers of Silver Basons of Silver Bolls of Silver and such like Vessells of Silver hereafter to be uttered and sold within his Highnesse City of L. or Suburbs of the same with divers prohibitions and commandments for and concerning the Premisses to endure for the terme of the naturall life of the said R. S. As by the said Letters Patents whereunto relation be had more plainly and at large may and will appeare Now the said R. S. for the consideration hereafter appearing in these presents hath given Assignation granted and assigned the said R. H. from henceforth to be servant of the said R. S. in the said faculty and science to use and exercise the same art science and mystery as servant of the said R. S. from the date of these presents during the naturall life of the said R. Together with all priviledges benefits and commodities to come or grow of or by the exercise of the same office and by the prohibitions priviledges preheminences and commandments aforesaid and by all every or any of them to have hold use occupy exercise and execute and cause c. the said Office to the said R. H. his Servants and Assignes in as large and ample manner and forme to all intents and purposes as the said R. S. should or might have had used executed and occupyed the same if this present Indenture had not been had or made from the date hereof during the naturall life of the said R S. to and for the behoof and best profit benefit and commodity of the said R. and his assignes And the said R. S. covenanteth c. That the said Letters Patents and all other the Premisses are clear and free and so shall continue during the life of the said R. S. of and from all former grants deputations bargaines charges and incumbrances had made or consented unto by the said R. S. And that he the said R. S. shall at the ensealing of these presents deliver unto the said R. H. the said Letters Patents uncancelled and un-defaced or by any other meanes made void in the Law by the said R. S. and moreover the said R. S. doth by these presents depute and appoint and set on worke the said R. H. his Servants and assignes to be the onely workmen of and for the said R. S. in the said art craft mistery or science to be done used and executed upon all and singular the Vessells and peices of silver above specified by and during all the terme of the naturall life of the said R. S within the City or Suburbs of L aforesaid in as ample manner and with all the commodities aforesaid given or granted or prohibited or commanded to or for the said R S by vertue of the Letters Patents aforesaid as he the said R S should ought and might have done if this present Indenture had never c. and the said R S further covenanteth c That the said R H and his assignes shall and lawfully may as aforesaid use and exercise the art craft mistery or science aforenamed touched or specified during all the terme aforesaid to his and their onely use and behoof without any let or interruption of him the said R S or any other claiming in by or from him for and in consideration of which said Covenants articles agreements gifts grants and assignments by the said R S to the said R H made as abovesaid and on the part and behalf of the said R H his assigns well and truly to be observed performed kept according to the true meaning of the said parties to these presents The said R H covenanteth c That he the said R. his Executors or assignes shall and will from henceforth during the naturall life of the said R. S. well and truly yeild and pay to the said R. or his sufficient Deputy or assignes one yearely summe of c. at or in a certain Hall called Goldsmiths Hall scituate c. on the 00. day of N. and on the 00. day of N. by even portions between the houres of c. of the same severall daies In witnesse c. A Deputation in the moyety of a Licence granted for buying and bringing into the Realme of a certaine quantity of goods and green fish TO all men to whom these presents shall come I. D. of the Towne of R. in the County of S. Gent. and W. H. Yeoman purveyor for the Kings Majesties Sea Fish sending greeting in our Lord God everlasting whereas our Soveraign Lord the Kings Majesty by his Letters Patents under his great Seal of England bearing date at G. c. of his speciall grace and meer motion and for certaine considerations him moving hath given and granted licence liberty and authority to us the said I. and W. that we our selves and the survivor of us and the Factor or Factors Deputie or Deputies Assigne or Assignes of us and the survivor of us shall and
may at all times for and during the space of ten years which did commence and next insue from the fourteenth day of c. now last past buy bargaine and bring into this Realme of Eng. at our will and pleasure all and all manner of Cod and Lings in Barrells or other Casks and all other Fish commonly called green fish or green Cod in Barrells or Casks in any manner of Ship or Ships or other Vessell or Vessells or Bottomes being english or strangers and in league or amity with his Majesty and the same so had and brought into this Realm to utter and sell by our selves our factor or factors deputy or deputies assign or assigns or by the factor c. of the survivor of us to our most profit gain advantage and to the most profit c. of the Survivor of us to any person or persons during and by all the said term of ten years without any manner of let impeachment damage or penalty to be had suffered or demanded forfeited or sustained by us the said I. D. and W. H. our Factor or Factors c. or any of them for the same The Statute made at the Parliament holden at Westminster the twelfth day of c. touching the deceitfull packing used in Cod and Lings brought in Barrells into this Realme or any thing therein contained or any other Act Ordinance Statute Proclamation Restraint or other thing heretofore had or made or hereafter to be c. to the contrary thereof in any wise notwithstanding So that the said quantity of Fish so barrelled to be brought in by vertue of the said Licence exceed not in the whole the number of six thousand lasts of barrelled Fish and also that the same be brought in within the said term of ten years As by the said Letters Patents containing therein divers other Grants Liberties Authorities Articles and Provisions more plainly and at large may and will appeare And whereas it is heretofore bargained and agreed between us the said I. D. and W. H. That I the said I. D. and mine Assignes for our part shall have and enjoy the benefit and advantage of buying bringing into this Realme and uttering in the same of three thousand lasts the one moyety of the said six thousand lasts of barrelled Fish And that the said W. H. and mine Assignes for our part shall have and enjoy the benefit and advantage of buying c. of other three thousand lasts the other moyety of the said six thousand lasts of barrelled Fish And whereas also I the said I. D. for and in consideration of c. which before the ensealing of these presents I have had and fully received of T. S. of London Esquire have given granted bargained and sold to the said T. S. all my right title and interest power licence and authority in to and for the buying bringing into this Realme and uttering in the same the said three thousand lasts of barrelled Fish Now to the intent to convey and make a good assurance of the said licence to the said T. S. his Factors and Assigns for to buy bring into this Realme and there to utter three thousand lasts of the said barrelled Fish and also to the intent to convey and assure to the said T. and his Assignes all such right and interest whatsoever as I the said I. D. have or had or may or ought to have in or to the said Letters Patents and all and every the Grants Liberties Licences and Authorities thereby given or granted so as I the said I. or any other to my use shall have no further right or interest to deale or meddle in any of the Premisses at any time hereafter we the said I. D. Deputation and W. H. have made ordeined and constituted And by these presents doe make c. the said T. S. his Factor and Factors Deputy and Deputies our lawfull and sufficient Deputy and Deputies from time to time at the pleasure of the said T. his Factors Deputies or Assignes Factor Deputy or Assigne or any of them by vertue of the Licence aforesaid during the said terme of ten years to buy bring into this Realm and there to utter the said three thousand lasts of barrelled Fish and every of any part thereof in so large beneficiall and ●ample manner as we our selves can or might do by vertue of the said licence And all the whole commodity to come or arise of or by the said 3000. lasts of barrelled Fish and of every or any part thereof the same to take and enjoy to the said T. his Executors Deputies and Assignes to their own use without any account making thereof or therefore or for any part thereof to us the said I. and W. or either of us our Executors Administrators or Assignes And also we the said I. and W. have given granted and assigned over and by these presents do give grant and set over to the said T. S. his Factors Deputies and Assignes all our whole power liberty and licence whatsoever to us given by the said Letters Patents to or for the buying Grant of the benefit of the licence for a moyety and to seife Fish brought in contrary to the Patent c. of three thousand lasts of the said barrelled Fish parcell of six thousand lasts thereof aforesaid and also full power and authoritie to arrest seise and attach all such Fish as the said T. his Factors Deputies or Assignes shall happen during the said terme to find brought into this Realme contrary to the said Statute and tenor of the Letters Patents aforesaid and of so much thereof as shall be arrested seised or attached by the said T. S. his Factors Deputies or Assignes or any of them they to have take and enjoy all such forfeiture benefit and advantage thereby as by the said Letters Patents are in any wise given or granted to the said I. D. and W. H. their Factors Deputies or assigns we the said I. D. W. H severally either of us for his severall part for himselfe his Executors and Administrators do covenant and grant to and with the said T. S. The parties do severally covenant his Executors and Administrators Factors and assignes and every of them by these presents in manner and forme following That is to say That the said T. S. his Factors Deputies and Assignes shall or lawfully may have and enjoy all and singular the Premisses to them above granted or limited by these presents according to the true meaning of the same without any impediment by or through the meanes of the said I. D. his Executors or assignes for his or their part or by or through the meanes of the said W. H. For enjoyance his Executors or assignes for his or their part and that the said I. D. and W. H. for their severall parts at all times hereafter at the reasonable request and costs and charges in the Law onely of the said T. S. his Factors