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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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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
within one day next after the same arrivall there the said Master or the said Owners or one of them or some of their agents Factors or Messengers shall signifie the said arrivall of the said Ship unto the said J. C. his Executors Administrators Factors or Assignes at the now dwelling house of the said J. C. in Dublin aforesaid And then and there shall be ready to deliver all the Salt in the said Ship which shall be fifty five Tonnes at the least after foure Burdeaux Hogsheads to every Tonne in measuring to be once shaken and then being full to be stricken off And that the said Owners their agents Factors or assignes shall then in forme aforesaid make true plaine and undelayed delivery of all the Salt to be brought in the said Ship into the said port of D. unto the said I. C. his c. of and from aboord the said Ship into their Loyters to be brought and laid close aboord the same Ship all the same Salt then being freed and cleered of and from all manner of former charges of what manner or sort soever For and in consideration of which said Bargain Covenants and agreements so made by the said Owners to and with the said I. in form aforesaid The said J. C. for him c. doth covenant c. to and with the said Owners their Executors Administrators Factors and Assignes and every of them by these presents That upon notice given to the said I. C. his c of the safe arrivall of the good Ship aforesaid in the Port of D. he the said J his Executors c. shall and will be ready to take and receive her said Lading of Salt with all reasonable and convenient expedition and within ten daies next after the receit thereof upon reasonable request shall at the said dwelling house of c. pay and content or upon good and true account according to the tenor and true meaning of these presents shall allow to the said Owners their Factors or assignes then shillings of c. for every Hogshead of the said Salt to be delivered to the said J. C. his c. as aforesaid for and in consideration of which said Covenants Grants and agreements truly to be kept and performed and in part of payment for the said Salt the said I. C. now at the ensealing and delivery of these presents hath before hand contented and paid to the said Owners a hundred pounds of c. so to be reckoned and accounted upon at the delivery of the said Salt which said summe of a hundred pounds they the said Owners do acknowledge by these presents that they have had and received accordingly and thereof and therefore do cleerly discharge and acquit the said I. C. his Executors Administrators Factors and assignes and every of them by these presents If the Ship or Goods miscarry in the Voyage then the hundred pounds repayable at a time and place certain c. In Witnesse c. A Covenant where one having sold Land the Vendee may distrain of other Land of the Vendors for tithe to be recovered against the Vendee in respect of the Land sold THis Indenture c. Between E B. of E. c. on the one part and R.L. of c. on the other part witnesseth That whereas heretofore the said E.P. and H. P. his Son and Heire apparant have bargained and sold to the said R. his Heires and assignes for ever all that close of Meadow-ground called c. containing c. And also all those two parts in three parts divided of all that field called c. As by the Indentures thereof made between the said E. and H. on the one part and the said R. on the other part bearing date c. more plainly and at large may and will appeare The said E.P. for him his Heires Executors and Administrators and every of them doth covenant and grant to and with the said R. his Heires Executors Administrators and Assignes and every of them by these presents That when and as often as he the said R. his Heires or assignes shall at any time hereafter be constrained or compelled by any order of Law spirituall or temporall either to pay tithe or any summe of monie for the Premisses bargained by the said former Indentures or any part or parcell thereof or else to pay unto the Parson or Proprietary of M. Minister and Vicar there or either of them his or their Successors or assignes any summe or summes of money in recompence for the same tithe that then and so often it shall be lawfull unto the said R. L. his Heires and assignes into the Mannor of E. with the appurtenances in the said County of L. and into all other the Lands Tenements and Hereditaments of the said E. P. in M. aforesaid and into every part and parcell thereof to enter and distrain for such summe or summes of monie as the said tithe of the said above bargained Premisses doth or shall amount unto or then shall be esteemed to be worth or for such summe or summes of monie as the said R. his Heires or assignes shall be compelled by order of Law to pay unto the said parson proprietary and Vicar his or their Successors or Assignes for and in recompence of the same Tithe together with his or their reasonable costs and charges in suits of the Law had and sustained in and about the same And the Distresse and Distresses then and there so taken lawfully and quietly to beare lead drive and carry away And the same to detaine imparke and keep untill the said summe or summes of money which the said R. his Heires or Assignes shall be so compelled to pay as aforesaid Together with his and their costs and charges in Law as is aforesaid shall be to the said R. his Heires or assignes fully satisfied and paid A Covenant by E. P. That if during his and R. L. his life he shall be minded to sell the Mannor of S. R. L. shall have the preferment thereof before another In witnesse c. Mr. Fuller Consultor Assignments An Assignment of a Licence to transport Wooll for satisfaction of a debt due to the Assignee with covenant that if the Assignee levy not his debt by a day the Assignor will pay it THis Indenture c. Between Sir F. W. Knight one of her Majesties principall Secretaries on the one party And C. H. Governour of the Fellowship of the Merchant Adventurers of England on the other part Witnesseth that whereas our said Soveraign Lady the Queens Majestie by her Graces Letters Patents under her great Seal of England bearing date c. Hath granted and given licence power and authority unto the said Sir F. W. by the name of her well beloved Servant F. W. and to his Assigne and Assignes Deputies and Factors whatsoever and to every of them that they and every of them shall and may at his and their will liberties and pleasure at all times from thenceforth and
Deputation in a Licence to transport cloath continuable till the Deputy shall have levied a certaine debt to him owing by the Constitutor TO all the Queens Majesties Customers Comptrollers Surveyors Serchers Officers of her highnesse Ports Creeks and passages and to all other to whom these presents shall come C. Lord H. of E. Knight of the order of the Garter sendeth greeting whereas heretofore our Soveraign Lady the Queen by her Letters Patents under the great Seal of England bearing date at Westminster the second day of this present July hath given and granted licence power and authority to me the said C. Lord H. mine Executors Administrators or Assignes whatsoever aswell Englishmen as strangers borne being made denizens and not made denizens and every of them That I and they by my selfe or themselves or by mine or their or any of their Factors Deputies or Assignes aswell Englishmen as Strangers borne or any of them whatsoever during the space of three years next insuing after the date of the said Letters Patents shall and may lawfully provide and buy or cause to be provided and bought with mine or their or any of their owne proper goods or the goods of any other and for mine or their or any of their owne proper use or for the use of any other the number and quantity of foure thousand broad woollen cloathes or kersies answerable to the same accounting three kersies for one broad cloath aswell of such sorts of cloath as be commonly called Kentish cloath or Suffolk cloath or of any other sort whatsoever and aswell white as coloured cloathes or kersies And the same foure thousand broad woollen cloathes or kersies answerable to the same to be accounted after the rate aforesaid and every parcell thereof un-wrought and un-dressed within this Realme That is to say not rowed barbed first coursed and shorne or otherwise wrought and dressed or un wrought and un-dressed and being white or otherwise coloured in any Ship or Ships Vessell or Vessells being of her Majesties Realmes and Dominions or appertaining to her Freinds or Confederates whatsoever when and as often as to me or them or to mine or their Attornies Factors Assignes or Deputies Englishmen Denizens or Strangers borne whatsoever or any of them it shall seeme good at one or divers times within the said time of three yeares in any Port or Ports of this Realme of England to lade or ship and the same from thence into any the Ports of beyond the Seas then being in league and amity with her Majestie to transport send convey ship and carry over or cause c. there to be sold disposed or uttered unrowed unbarked not first coursed and un-shorne or otherwise at mine and their will and pleasure and to mine and their most benefit and advantage paying unto her Majesty her heirs or successors at the full end of two years next after the transportation of any of the said cloathes or kersies for the customes subsidies and imposts all and singular dueties whatsoever to her Majesty her heir or successors therefore by any meanes due or to be due such sums of money as Merchants meere Englishmen borne and Citizens of her City of London to her Majestie her Heires and Successors for the like Merchandize out of the said Realme to the parts of beyond the Seas to be transported do or are bound or have been accustomed or be ordered to pay and not more or otherwise without any molestation paine forfeiture or losse to be therefore had sustained incurred paid or borne by me or them or any of them against her Majesty her Heires or Successors or any person or persons bodies politique or corporate to be demanded sued for or recovered thereof and without any manner of let interruption or disturbance of any person or persons whatsoever and also without any speciall licence or dispensation to be had therefore under the great seal of Eng. Any thing contained in the Statutes recited in the Letters Patents aforesaid or in any of them or in any other Act Statute Ordinance Provision Proclamation Imposition Restraint or thing before the date of the said Letters Patents or hereafter to be had or made to the contrary thereof in any wise notwithstanding As in and by the said Letters Patents containing divers other Articles Covenants Appointments Grants and Authorities plainly and at large will appeare Know ye that I the said C. Lord H. have made ordained and constituted and by these presents do make c. R. Y. of the City of L. Grocer my Attorny Factor and Deputy to provide and buy or cause c. the said number and quantity of foure thousand broad woollen cloathes or kersires answerable to the same as aforesaid or any part of them or any of them and the same or any part or parcell thereof in any such Ship or Ships Vessell or Vessells as aforesaid when and as often as to him his Attornies Factors or Assignes it shall seem good at any time within the said terme of three yeares in any port or ports of this Realme of England to lade or ship and the same from this Realme of England into any the ports beyond the Seas then being in league and amity with her Majesty To transport send convey ship and carry over or cause c. there to be sold disposed or uttered at the will and pleasure of my said Attorney Factor and Deputy to my most benefit and advantage and in such and so large absolute and ample manner and forme as I my selfe by vertue of the said Letters Patents or by warrant of any other or further authority or licence to be had or procured by meanes of any thing specified in the said Letters patents may or can do Giving and granting by these presents to my said Factor and Attorny my full and whole power and authority for me and in my name to doe procure knowledge and require and cause c. all manner of thing and things whatsoever that I my selfe by vertue or warrant of the said Letters Patents or of any thing therein contained can may or might do procure knowledge and require or could or might have done procured knowledged or required or otherwise have caused to be done c. if these presents had not been made ratifying and allowing for me mine Executors Administrators and Assignes all and whatsoever my said Factor and Deputy and his Attornies Factors and Deputies shall do or cause to be done in the Premisses or any part thereof by these presents And forasmuch as I the said C. Lord H. have had and taken up before hand of the said R. Y. the summe of nine hundred pounds of lawfull c. whereof c. I the said C. Lord H. for and in consideration of satisfying againe and recompensing of the said nine hundred pounds to the said R. Y. his Executors and Administrators for me mine Executors c. do covenant c. to and with c. That this present Letter of Attorny