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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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stead and name to enter and come into and upon the farm and lands of T in the Parish of c. now in the tenure or occupation of R T or of his assigne or assignes or upon any part thereof then and there for me and in my stead and place to deliver as my deed unto H M of c. or to his assignes one Indenture whereunto I have already sealed bearing date c. made between me the said R R on the one part and the said H M on the other importing a lease of the farm and lands unto the said H M his executors Administrators and assignes for the term of four years next c. as in and by the same Indenture more at large appeareth which Indenture after the same shall be so delivered by my said Attorney I the said R R do promise by these presents shall be my effectuall deed in Law to all intents constructions and purposes as if I the said R R had sealed and delivered the same then and there my self In witnesse whereof c. A defeasance upon a Bond sued to A Iudgement THis Indenture made the c. between W R of c. on the one part and I P and G H of c. on the other part witnesseth That whereas the said I and G together with one E A of c. by one obligation bearing date c. became joyntly and severally bounden unto the said W R in the sum of Recitall of the Bond. c. with conditions thereupon made for the payment of c. As by the same obligation and condition thereof at large appeareth which said sum of c. or any part thereof or any thing in lieu of the same was not paid unto the said W R in the said c. nor any at time before or sithence by meanes whereof the said obligation became meerly forfeited And whereas the said W R hath brought severall Actions of debt in the Kings Maiesties Court of Commons Pleas at Westminister upon the said obligation against the said I P and C A upon which said Actions severall Judgements are had in the said Court Yet neverthelesse the said W R is contented and pleased and doth covenant that he the said W R Not to take out execution untill c. his executors nor administrators nor any of them shall at any time before c. take out any execution or executions upon the said Judgements or either of them And further the said W R doth c. That if the said I P and G A or either of them c. do pay c. That then he the said W R his executors or administrators shall upon request made and at the charges of the said I P and G A c. shall not only acknowledge satisfaction upon Record of To acknowledge satisfaction c. upon payment and for the said severall Judgements but shall also deliver unto them the said c. the said obligation to be cancelled and the said I P and G A to be thereof and of the said Judgements discharged In witnesse whereof c. A Recognizance from one to one A B. of H. in the County of S before our Lord the King in his Chancery personally being acknowledged to owe to P W of c. 200. pounds of c. to be paid to the said P W his executors c. in the feast of c. after the date of ●his Recognizance and unlesse he do it he willeth and granteth for him his heires c. that the said sum of money may be levied and recovered of his goods Chattels lands tenements and hereditaments to the use and behoofe of the said P W his heirs c. for ever wheresoever they shall be found within the Kingdom of England witnesse our Lord the King at W c. A Recognizance from two to one W I of c. and I H of c. being personally before our Lord the King in his Chancery did acknowledge themselves each of them did acknowledge himself to owe to I B of lawfull money of England to be paid to the said I B or his Attorney certain his exe c. upon the feast of Saint Michael the Archangel next ensuing the Date of this Recognizance And except he do it he willeth and granteth for himself his heirs c. and either of them that the said sum of money should be leavied and recovered of his goods chattels lands tenements and hereditaments to the use and behoof of him the said I B his heirs c and assignes for ever wheresoever they shall be found within the Kingdom of England Witnesse our said Lord the King at Westminister the 20. day c. In the yeer of the reign our said Lord Charles by the Grace of God of England c. A surrender of a Lease for obtaining a New Lease TO all people c I A S c send greeting c. whereas I the said A now am and stand lawfully possessed of a lease for term of my life to me made and granted by c. bearing date c. of and in c. All which premisses are scituate c. and are of the yearly value of c. As by the said c. Now know ye That I said A have granted and surrendred unto the said c. his heires und assignes the said messuage c. demised by the said c. to mee the said A. by the said recited indenture of lease as aforesaid and all the estate right title interest terme for live and demand whatsoever of me the said A. of in and to the said messuage and other the premisses with the appurtenances and of in and to every part and parcel thereof by force and vertue of the said recited Indenture of lease or otherwise whosoever together also with the said Indenture of lease to the intent neverthelesse that the said c. may by his Indenture of lease make a new demise and grant of the premisses to I H and C his wife and N their son for term of their natural lives and the life of the longest liver of them successively or otherwise as shall be thought convenient and for and under the accustomed yearly rent and under such provisoes covenants and articles as shall be thought fit therein to be comprised In witnesse c. A revocation of a suit TO all people c. I A B sends greeting c. whereas an action hath been brought at the common law in my name against P F upon a bond wherein the said P F and one D W. became bound unto me in the summe of c. with condition to pay c. at or in c. on the c. as by the same obligation c. Now know yee that I the said A B do by these presents revoke and withdraw the said action and suit brought against the said P F upon the said abligation and all proceedings thereupon had in my name and doe also
him and his heires doth give grant bargain sell and confirm to the said C D and E F all that Tenement c. And also all and singular messuages mils houses buildings structures barnes stables dove-houses gardens orchards tofts crofts curtelages lands tenements meadows feedigns pastures rights jurisdictions franchises priviledges liberties fruits profits commodities advantages emoluments and hereditaments whatsoever with their appurtenances by what names or additions of names they are called reputed named or known situate lying and being arising increasing or growing within the Villages fields places parishes or hamblets aforesaid or within any of them to the said tenement and other the premises above by these granted bargained and sold or to any of them in any wise belonging or appertaining or as member part or parcel thereof at any time heretofore accepted known occupied used or reputed As also the reversion and reversions whatsoever of all and singular the said tenements lands and other the premises above by these presents granted bargined and sold expectant and depending of in and upon any demise or grant demises or grants for term or terms of life lives or yeares or otherwise made of the premises or any part thereof And also all and all manner of woods underwoods and trees whatsoever of in and upon all and singular the premises above by these presents granted bargained and sold or upon any part or parcel thereof growing or being and all the reversion and reversions thereupon whatsoever As also the rents and yearly profits whatsoever reserved upon any demise or grant of the premises by these presents before bargained sold or of any parcel thereof made And the rents and yearly profits of all and singular the premises above by these presents granted and of every parcel thereof As fully freely and intirely and in as large and ample manner as the late King c. by his Letters patents under the great Seal of England made doth c. the same all and singular the premises above by these presents granted c. with the appurtenances amongst others to him the said A B his c. for ever lately hath given and granted the same as by the same Letters patents amongst others more fully appeareth Excepting neverthelesse alwaies and out of this present grant reserved all Advowsons Donations free dispositions right of patronage of all and singular Churches Vicarages Chappels and other benefices ecclesiastical whatsoever to the said premises above by these presents granted c. or to any parcel thereof belonging or appertaining To have hold and enjoy the aforesaid tenement c. and all and singular other the premises above by these presents granted c. with all their appurtenances and the reversion and reversions whatsoever of all and singular the premises and every of them except before excepted to the said CD and E F and to the heirs of the body of E F. the remainder thereof to the right heirs of the said C D for ever To be holden of the said late King his heirs successors as of his Manor of East Greenwich in the County of Kent by fealty only in free and common Sockage and not in chief nor by Knight Service and the aforesaid A B and his heires the said tenement all singular other the premises above by these presents granted c. with all their appurtenances to the aforesaid C D and E F and to the heires of the body of the said E F lawfully begotten the remainder thereof to the right heirs of the said C D for ever to the only proper uses and behoofs aforesaid against him the said A B his c. will warrant and for ever by these presents defend And also the said A B doth covenant and grant for him his c. by these presents to and with the said C D and E F their c. and with every of them That he the said A B his heires c. aswel all and singular the premises above by these presents granted c. with the appurtenances and every parcel thereof as the aforesaid C D and E F their c. and every of them of and from all statutes merchant and of the staple recognizances former bargains leases grants and other charges and incumbrances whatsoever by him the said A B or by any other person or persons by the assent consent commandment or procurement of the said A B before the sealing and delivery of these presents in any manner had made acknowledged or granted besides the services and charges by or in the said Letters Patents for the premisses reserved or mentioned at all times hereafter will for ever acquit exonerate and keep har●●esse by these presents And lastly the aforesaid A B hath made ordained constituted and in his place by these presents put F G and L M Gentlemen his true and lawfull Attorneys joyntly and severally to enter in his stead for him and in his name into the aforesaid c. and other the premisses by these presents granted or into any or some part or parcell thereof in the name of the whole And full and peaceable possession A Letter of Attorney to deliver Seisin and seisin of and in the premisses with the appurtenances for him and in his name to take after such possession and seisin so thereof taken and had to deliver full and peaceable possession and seisin of and in the same premisses with the appurtenances or of some parcell hereof in the name of the whole to the said C D and E F or either of them or to their certain Attorney or Attorneys in that behalf according to the form and effect of this present Indenture to them thereof made Ratifying and confirming all and whatsoever his said Attorneys shall do or either of them do in the premisses or in any part thereof by these presents In witnesse c. A Surrender to the King of a Lease for years TO all Christian people to whom this present Writing shall come P E of c. sendeth greeting c. Whereas our Soveraigne Lord King Charles by his Letters Patents under the Great Seal of England dated at Westminster c. for the considerations in the same Letters Patents expressed and specified Hath demised granted and to farme let to the aforesaid P E amongst other things All that his manner of L with all the rights members and appurtenances thereunto in his County of I. and all Houses c. as in the said Letters Parents And also the reversion and reversions whatsoever of the said Mannor Lands c. and all and singular other the premisses with all their appurtenances and every parcell thereof All and singular which premisses with the appurtenances to the late Monastery of X then dissolved did heretofore belong and appertain and were parcell of the possessions thereof to have and to hold all the said mannour lands tenements meadows feedings pastures rents reversions services Courts Leete view of Frankepledge perquisites of Courts and all and
singular other the premisses above recited and by the same Letters Patents demised and granted with all their appurtenances except as in the said Letters Patents are excepted to the said P E his executors and assignes from c. untill the full end and terme of c. then next insuing and fully to be ended Rendring yearly to our said late Soveraigne Lord the King his heires and successors of and for the said Mannour with the app●rtenances c. of lawfull English money at the feasts of c. to the hands of our Bayliffs or Receivers of the premisses for the time being by equall portions payable during the terme aforesaid thereout by the said Letters Patents above recited granted as by the same Letters Patents more fully appeareth Now know ye me the aforesaid P E for divers good and reasonable causes and considerations me in this behalf especially moving To have given granted surrendred and confirmed and by these presents for me and mine heirs to give grant surrender and confirme to our said Soveraigne Lord King Charles c. All my right estate title terme of years interest and demand of me the said P E which ever I have had have or in any wise hereafter may have of or in all and singular the messuages houses buildings lands tenements hereditaments meadows feedings pastures commons rents and all and singular other the premisses scituate lying and being coming growing or arising in X aforesaid in the said County of I and of and in every parcell thereof with all their appurtenances to the said late Monastery of X heretofore belonging or appertaining by vertue or colour of the aforesaid Letters Patents above recited To have hold and enjoy the aforesaid messuages houses buildings lands tenements hereditaments meadows feedings pastures commons rents and all and singular other the premisses with all their appurtenances in X aforesaid in the said County of I. and all my right estate title terme of years interest and demand of me the said P E of and in the same premisses in X aforesaid with their appurtenances to our said Soveraigne Lord King Charles his heirs and successors to do therewith at his and their will and pleasure In witnesse c. A Surrender of a lease for lives to the King TO all Christian people to whom this present Writing shall come W D c. greeting Whereas our Soveraigne Lord King Charles by his Letters Patents under the Great Seal of England dated at Westminster c for the considerations in the said Letters Patents mentioned and expressed Hath given granted and to farme letten to me the said W D M H and A L all those Tenements c. And all and singular houses buildings structures store-houses stables chambers shops cellers solars wayes void grounds springs easements lands meadows feedings pastures commons profits commodities advantages emoluments and hereditaments whatsoever in W or elsewhere to the premisses by the said Letters Patents afore demised or to any of them in any manner belonging or appertaining or thereout growing or arising or with the same or any of them then heretofore for the severall rents by the same Letters Patents reserved demised disposed used or occupied being either as part parts or parcels of the premisses had known or reputed Except neverthelesse alwayes and to our said Soveraigne Lord his heirs and successours altogether reserved all great trees woods underwoods mines and quarries in the premisses To have and to hold all and singular the premisses by the said Letters Patents demised with all their app●rtenances except before excepted to the aforesaid W D and his assignes for the terme of his life and after his decease surrender or forfeiture Then our said Soveraigne Lord willeth and granteth by the same Letters Patents that all and singular the premisses by the same Letters Patents demised with all their appurtenances except before excepted should wholly remain to the said M H and his assignes for the life of him the said M H And after the decease surrender or forfeiture of both the said W D and M H then our said Soveraigne Lord the King hath willed and granted by the same Letters Patents that all and singular the premisses thereby demised with all their appurtenances except before excepted should wholly remain to the said A L and his assignes for the terme of his life Rendring yeerly to our said Soveraign Lord the King his heirs and successours of and for the aforesaid Tenement c. of lawfull English money at the fe●sts c. at the Receit of the Exchequer or to the hands of his Bailiffes or Receivers of the premisses for the time being by equall portions to be paied during the severall termes aforesaid And after the decease of each of the said W D M H and A L deceasing Tenants in possession of the premisses then rendring and paying to our said Soveraigne his heirs and successours sixty shillings of lawfull c. of him who should so die in the name of a Herriot And whereas in the same Letters Patents a certain Proviso is contained amongst others That if the said W D at any time during his life would surrender the said Letters Patents and all his right estate and interest of and in the premisses by his Writing sealed with his seal to our said Soveraigne Lord the King his heirs and successours in Chancery That then and from thenceforth the estate and interest of the said M and A and either of them of and in the premisses should cease and from thenceforth the said Letters Patents should be void and of none effect in law any thing in the said Letters Patents to the contrary thereof notwithstanding any Statute Act Ordinance provision proclamation or restriction to the contrary thereof then before had made published ordained or provided or any otherthing cause or matter whatsoever in any wise notwithstanding as by the same Letters Patents amongst other things more fully appeareth Now know ye me the said W D for divers good causes and considerations me at this present especially moving To have given granted and surrendred and by these presents To give grant and surrender to our said Soveraigne Lord the King his heirs and successours the aforesaid Letters Patents and all my right estate title claime terme of life or yeers interest and demand whatsoever which I have had have or in any manner may or ought to have of and in the aforesaid Tenement c. and of and in all and singular the lands tenements and hereditaments by the said Letters Patents demised and of and in every part thereof by vertue or colour of the said Letters patents to me the aforesaid W D and the aforesaid M H and A L as aforesaid made To have and to hold to our said Soveraigne Lord the King his heirs and Successours to do therewith at his said Majesties good will and pleasure for ever In witnesse whereof c. A Grant of Indenization to Aliens borne CHarles by the Grace of God
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 now is sendeth greeting Whereas our said Soveraigne Lord the King by his Highnesse Letters of Privy Seal dated at Westminster the c. directed to his Highnesse Commissioners for the Office of his Majesties High Treasurer of England hath
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