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.

Assignment of an extent, upon a sta∣tute forfeited to the Queen.

THis INDENTƲRE made &c. witnesseth, that whereas W C. the seventeenth day of M. in the twentieth year of the Raigne of our late Soveraigne Lord, King Henry the 8^th, before Sir T S Maior of the Stalpe at Westminster, and Constable of the same by his recognizance in the Nature of a statute staple, knowledged before the said Sir T S the said 17 day of M in the said 20 year of &c. acknowledged him∣self to stand and be indebted unto one T A Esq in the sum of 2000 marks, to have been paid to the said T on the feast of P then next following, as in and by the said Statute more at large it doth & may appear. After the knowledgment of which said recognizance, the said T A in the time of the late King Ed. the 6. was attainted of felony, by the the name of T A K^r. by reason of which attainder, as wel the said debt of 2000 marks, as also all the goods, chattels, rights, debts, and credits which were the said Tho. Arundels, to the said K. Ed. the 6. did appertain and belong, and so by his death, and by the death of the late Queens Majestie, the same debt of 2000 marks due by the recognizances, became due to our Soveraigne Lady Eliz. the Queens Majestie that now is.

And whereas also afterwards, our said Soveraigne Lady Eliz. the Queens Majestie that now is, by her Highness Letters patents, under the great Seal of En∣gland, bearing date &c. for the consideration in the said Letters patents expressed, did give and grant to the said Rob. Zinzan, aliàs Alexander, all, and

all manner of Recognizances, debts, and penalties forfeited to our said Soveraigne Lady, by reason of the attainder of any person or persons, and from her Highness concealed, and before the date of the said Letters patents unjustly detained, to the number of 30 such persons attainted of Felony, as the said Ro. Z. or his assignes should name, within two years after the date of the said Letters patents, unto the Lord high-Treasurer of England, or to the Chancellour of the Exchequer for the time being. And further granted to the said R Z by the same Letters patents, that it should be lawfull to and for him, as wel in her Majesties name, as in the name of the said R, to implead, condemn, and put in execution any person or persons which ought to yield and pay any such sums of mony, debts, recognizances and forfeitures, and to take execution thereof to his and their owne use, as by the same Letters patents, amongst other things appeareth.

And whereas also within the said two years, next after the ensealing of the said Letters patents; that is to say, the fourth day of J. in the said one and twentieth year of the raign of &c. the said R Z did nominate to the Right Honourable Sir W M. K^r. then Chancellour of her Majesties said Exchequer, the foresaid Sir. T A. attainted of felony accor∣ding to the forme in the said Letters patents specified. And wheras also the said 2000 Marks in the foresaid recognizance specified, were concealed from the late K. E. the 6. Q. M. and from our soveraign Lady the Qu. that now is. And wheras therupon also our said soveraign Lady the Queens Majestie that now is by her writ of (extend' fac') issuing out of her Majesties high Court of Chancery upon a certificate made in∣to the said Court, by the clark of the statute for the time being, did command the Sheriff of the foresaid

Countie of S. that by the oathes of good and lawfull men of this Bayliwick, he should diligently inquire what lands and tenements the foresaid WC had with∣in his said Bayliwick, at the foresaid day of the date of the foresaid recognizance, or at any time after, and of what yearly value the same were of, and that hee should extend all the said lands and tenements, and should seize them to the use of her Majestie, to the end the same might be delivered to the foresaid R. until he should be fully satisfied of the said 2000 Markes according to the forme of the statute at Westminster, made for the recovery of such debts.

And whereas also afterwards the said Sheriff made returne into the said court of the said writ as follow∣eth, viz. That the foresaid W C the said 17 day of M. was seized in his demeasne as of fee, of, and in the Mannors of T F &c. (recite all the land) with the appurtenances in the said county of S. and that the foresaid Mannors of T F &c. are worth, by the year in all issues above reprize, 15 l. and that the foresaid Mannors of C and D with the appurtenances &c. are worth &c. (ut antea) and that hee the said Sheriffe did by vertue of the same writ seize and take into her Majesties hands all the said Manors and other the premises whatsoever with the appurtenances, as by her Majesties said writ he was commanded, and that the foresaid W C had no other or more Mannors, lands, or tenements within the said countie, which might be extended for the said debt, or seized to the use of her Majestie, as by the return of the said writ, remai∣ning upon the files of the said court of chancery, more at large appeareth.

And whereas also afterwards her Majestie by a writ of liberate issuing out of the said court of chan∣cery, did command the Sheriff of the said countie of S that he should deliver unto the said R Z and his

assigns, the foresaid lands, Manors, and tenements, and other the premises with the appurtenances, if according to the said extent he should receive them. To hold to him the said R Z and his assignes as his and their freehold, untill he should be satisfied the said sum of 2000 marks, together with his costs and charges, in that behalf reasonably sustained; which said Sheriffe afterwards returned, that he the third day of M &c. did deliver unto the said W C, atturney and assignee to the said R Z lawfully authorized, the said Mannors, lands, tenements, and other the pre∣misses in the said County of S. with their appurte∣nances, to hold to the said R Z and his assignes, as his and their free-hold until he or they should be ful∣ly satisfied of the foresaid 2000 marks, together with his costs and charges in that behalfe reasonably su∣stained, as also by the said writ and returne thereof remaining on the files of the said Court of Chan∣cery also appeareth.

And wheras also the Qu. Majestie, by an other writ of extent, issuing out of the said high Court of Chan∣cery, upon the certificate aforesaid, directed to the Sheriff of the county of Dorset, did command the said Sheriff of the said county of Dorset, that likewise by oaths and testimonies of good and lawful men of the said county, he should diligently inquire what lands and tenements the foresaid W C had within the said county of D. at the aforesaid day of the date of the foresaid recognizance, or at any time after, and for what yearly value the same were of. And that hee should seize to the use of her Majesty, all and sin∣gular the foresaid Mannors, lands, and tenements, that they might be delivered to the said R Z, until hee should be fully satisfied of the foresaid debt of 2000 marks, according to the form of the statute at Westm. for the recovering of such debts, made and provided.

And whereas afterwards also the said Sheriffe made return of the said writ, in the said Court, that the fore∣said W C the foresaid seventeenth day of March was seized in his demesne, as of Fee, of and in the Mannor of Ilond, with the appurtenances, and of and in &c. and that the foresaid Mannor &c. are worth by the yeare 26 l. &c. And that he had seized the said Mannor &c. and all other the premises, with the ap∣purtenances, in the said County of D, to the use of her Majestie, as by the said writ he was commanded. And that the foresaid W C had no other Man∣nors, Lands, or Tenements, within the said Countie which for the debt aforesaid, might be extended, or seized to the use of her Majestie, as by the return of her Majesties said writ, remaining up∣on the Files in the Chancery, more at large appeareth.

And thereupon her Majestie, by her writ of liberate, did command the said Sheriffe of the said Countie of D, that he should deliver unto the said R Z, the foresaid Mannor of Ilond, with the appurtenances, and the &c. in the said Coun∣tie of D, if according to the aforesaid extent he should receive them, To hold to him, and his assignes, as his Freehold, untill he should be fully satisfied of the foresaid debt, together with his costs and charges in that behalfe reasonably sustained.

And whereas also afterwards the said Sheriffe of the said Countie of D, did return into the said high Court of Chancery, That by vertue of her Majesties writ to him directed, upon the eighth day of A &c. he did deliver unto the said W G, Attorney to the said R Z, lawfully authorized, the said Man∣nor of Ilond, and other the premises in the said Countie of D with their appurtenances, to hold to the said R Z, &c. (ut ante) as by the severall writs aforesaid, and the returnes of them remain∣ing

in the said High Court of Chancery, more at large appeareth, by reason whereof the said R Z, and W G or one of them, now is, and standeth seized of, and in all the premises with their appurtenances, accordingly.

Now the said Z, aliàs Alexander, and W G for di∣vers good causes and considerations them there∣unto moving, have demised, granted, and to farm letten unto the said T I, his executors and assignes, all his said Mannors, Lands, Tene∣ments, and other the premises, with their appurte∣nances (except alwaies to the said W G his execu∣tors, &c. one tenement &c. in the said Countie of D) To have, and to hold all the said Mannors, lands, tenements, and other the premises with all and singu∣lar their appurtenances, (except before excepted) unto the said T I his &c. from the feast day of the Annunciation of &c. for, and untill the full end & term of sixty yeares, from thence next ensuing and fully to be compleat, ended, and determined, if the said mannors, lands, and other hereditaments shal or ought so long to continue in extent, by force of the execution aforesaid, for the debt aforementioned.

Yeilding and paying therefore to the said W G, his executors and assignes, yearely during three yeares of the said term, which shall begin immedi∣ately from, and after the said T I, his executors, or assignes shall have possession of the premises before mentioned to be demised, two hundred pounds of good &c. at the feast of &c. by even portions, or within twenty daies next after &c. at or in, &c. and yeilding, and paying therefore to the said W G his heires or assignes for the fourth yeares which shall ensue next after the said T I his ex∣ecutors or assignes shall have possession of the foresaid demised premises, sixty pounds of good

&c. at the said Feasts &c. And yeilding and paying unto the said W G, his executors, or as∣signes, yearely during the residue of the said Term, one pepper-corn alwaies at the feast of &c. at the place aforesaid, if it be demand∣ed upon any part or parcel of the aforesaid demised premises.

Provided alwaies, and it is neverthelesse cove∣nanted, granted, condescended and agreed by and between all the said parties to these presents, that if the said yearely rent of 200 li. or the said yearely rent of 60 li. or any part or parcel thereof shall hap∣pen to be behind and unpaid by the space of &c (Clause of reentry) ut in Aliis.

Provided also, and neverthelesse it is meant, menti∣oned, and intended between the said parties to these pre∣sents, that the payment of the severall rents abovesaid, or any part thereof shall not continue, or that the said T I, his executors or assignes shall be chargeable in any action of debt or otherwise with the payment thereof, or of any part thereof, for any more yeares then so many yeares onely of the said term of sixty yeares as the said T I, or his assignes shall or may lawfully have, hold, occupie and enjoy the pre∣mises above by these presents demised, or meant or intended to be by the true meaning of these pre∣sents demised unto the said T I, by the said R and W, but shall be acquitted and discharged against the said W, his executors, and assignes, of and from the payment of any farm, or rent for all such & so many yeares of the said term, as he the said T I or his assignes shall not, or ought not lawfully to have hold & enjoy the said premises, and every part thereof,

(except before excepted) according to the true meaning of these present Indentures.

And the said T I for himself his &c. doth cove∣nant & grant to and with the said W G his &c. by these presents, That if the owners of the said manors, lands, tenements and hereditaments above mentioned to be delivered in extent, shall within the space of 4 yeares next after the said T I shall have the possession of the same demised premises (except before excepted) well and truly satisfie and pay, or cause to be well and truly satisfied and paid unto the said T I his &c. the summe of 2000 markes, for which the said man∣nors &c. and other the premises are extended as a∣foresaid, or otherwise compound with the said T I his &c. that then he the said T I his &c. shall and will well and truly content and pay or cause to be &c. unto the said W G &c. the full summe of 1000 marks of &c. or so much lawful mony of England as shall then at the time of payment of the same remain or rest unpaid of the sum of 1000 marks above by these presents reserved to be paid to the said W G for the farm of the premises, and to be paid within 16 daies after such receipt of the said summe of two thousand Marks, or within 16 daies after such com∣position as aforesaid.

And the said R Z for himself, his &c. doth cove∣nant &c. to and with the said T I his &c. by these presents, that he the said R hath not at any time here∣tofore received or had the said sum of 2000 marks nor any part thereof, nor hath at any time here∣tofore acquitted, released, discharged, or otherwise extinguished the said statute and debt, neither shall or will at any time hereafter receive, or take into his or their hands the said summe of 2000 marks or any part or parcel thereof without the con∣sent and agreement of the said Thomas I, his

executors, or assignes first had thereunto and obtei∣ned in writing (The like Covenant for W G.)

In witnesse, &c.

Notes

• The Lessee to pay his Rent, so long as he may enjoy his Lease.