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.

A Bargaine and sale upon condition made to Feoffees in trust.

THis INDENTURE tripartite, made &c. between Sir H H &c. of the first part, R L and G L of the second part; and E T and G B of the third part, Witnesseth, that the said Sir H H, R L and G L, for the considerations herein after mentioned,

have granted enfeoffed and confirmed and by these presents doe fully, clearly and absolutely grant, enfeoffe, confirm and deliver unto the E T and G B, all that the Manor or Lordship of E in the County of L with all and singular the other rights, members and appurtenances of the same. And also all and singular the messuages, cotta∣ges, lands, tenements, meadows, pastures, fee∣dings, rents, reversions, services, heaths, moors, commons, closes, Woods, underwoods, wasts, waifes, straies, escheats, wards, Court-leets, perquisites of Courts, royalties, profits and hereditaments, with the appurtenances to the same Mannor or Lordship belonging, or in any wise appertai∣ning, or which now be or at any time here∣tofore within the space of thirty yeares now last past have been used, reputed, accepted, known, occupied, let or set, as part, parcel, right, or member of the said Manor or Lordship. And also, all and singular other the Manors, messu∣ages, lands, tenements, rents, reversions, ser∣vices, and hereditaments, situate, lying and be∣ing in E and E in the County of L, or in either of them, which at any time heretofore were the pos∣session or inheritance of Sir J H deceased, Fa∣ther of the said Sir H. And also, all that the Advowson and Patronage of the Parish-Church of E aforesaid, And all and singular the rents and yearely profits whatsoever, reserved upon a∣ny demise or grant heretofore made or grant∣ed of the premises, or of any part or parcel there∣of. And the reversion and reversions whatsoever of all and singular the same premises and of every par∣cel thereof. And also the said H H R L and G L for the considerations herein after mentioned have granted, assigned and confirmed, and by these pre∣sents

do &c. unto the said E T and G B all the estate, right, title, interest, use and possessi∣on whatsoever, which they the said Sir H R and G and every or any of them have or hath, or may, might, should, or of right ought to to have or claim, of, in or to the said Man∣nor or Lordship, and all other the premises here∣in before mentioned to be granted, enfeoffed, as∣signed and confirmed, and of, in and to every part and parcel thereof with the appurtenances, Together with all and all manner of deeds, e∣vidences, charters, writings, escripts and mi∣numents, which they and every or any of them have or hath touching or concerning only the premises or only any part or parcel thereof. To have and to hold the said Manor, or Lord∣ship of E, Manors, Messuages, Lands, Tene∣ments, Rents, Reversions, Services, Heredita∣ments and all and singular other the premises herein before mentioned to be hereby granted or conveyed, and every parcel thereof with the ap∣purtenances unto the said E T and G B and their heirs, to the only uses, intents, provi∣soes, conditions and limitations hereafter speci∣fied and declared, and to none other use intent or purpose, That is to say, to the only use and behoof of the said R L and G L and of their heires and as∣signes for ever, with, and upon the condition heref∣after specified and declared: that is to say,

Provided alwaies, that if the said Sir H H &c. do well and truly satisfie, content and pay or cause to be contented, satisfied or paid unto the said R L and G L &c. the full summe of four thousand eight hundred li. of good &c. at or within &c. at or upon the 2 day of M. 1601 without fraud or covin, that then from & after the said payment so made, the

use and uses in or by these present Indentures, had, made or limited to the said R L and G L, their and either of their heires, and assignes. And also all and every estate which hereupon or by reason hereof or any thing herein mentioned is or shall be limited, vested or executed in or to the said R L and G L their heires and assignes or any of them, shall cease, deter∣mine & be utterly void and of none effect, any thing in these presents conteined to the contrary thereof in any wise notwithstanding. And that then and imme∣diately from and after the said payment had or made to the said R L and G L their or either of their heirs, executors, administrators or assignes or any of them of the said summe of 4800 li. of &c. in manner and form as is afore expressed, declared and apppointed, the said grant, feoffement, conveyance and assurance and all and every other act or thing which after the date of these presents, and before the said second day of June 1601 shall be had or made by or unto any of the said parties, or by their or any of their meanes or privity, or whereunto they, or any of them shal be par∣tie or parties, shall be, and shall be deemed and taken to be. And the said E T and G B and their heirs and and all and every other person and persons, and their heires that then shall stand and be seized of the said Manor and other the premises, or any of them shall stand and be seized thereof, and of every part & par∣cel thereof to the only proper use and behoof of the said Sir H H and of his heires and assignes for ever, and to none other use, behoof, intent, or purpose.

And it is further agreed by and between the said parties to these presents, That the said Sir H H doth covenant &c. to and with &c. that if the said Sir H H Knight, his heirs, exe∣cutors, administrators, or assigns

nor any of them, do not pay nor cause to be paid to the said R L and G L their nor either of their executors, administrators or assignes nor to any of them the said summe of 4800 li. and every part thereof in manner and form abovesaid, but shall make default in payment of the sum, or any part thereof, That then and from thence∣forth this present grant, feoffement and convey∣ance of the premises, and the said use before herein and hereby limited to the said R L and G L and their heires shall stand, remain and be; and that then also, and at all times from thenceforth all the said Manors, lands, tenements, heredita∣ments and all other the premises, with all and singular their appurtenances shall be and remain for ever, to them the said R L and G L their heires and assignes absolutely, without any condition or o∣ther limitation.

And the said R L and G L for themselves their and either of their &c. and for every of them do covenant, promise and grant by these pre∣sents to and with &c. in man∣ner and form following, that is to say, that neither they the said R L and G L nor a∣ny of them, their nor any of their heires, nor any of them, nor any other person or per∣sons, by their, or any of their procurement, meanes or assent, shal or will do, commit or wittingly and willingly suf∣fer any act or thing whereby, or by meanes whereof there shall or may ensue or happen any let or hinde∣rance to the rising or vesting of the said use herein li∣mited

to the said Sir H H and his heirs by the pay∣ment of the said foure thousand eight hundred pounds, according to the intent, purport and true meaning of the said condition or pro∣viso. And that in case the said Sir H H his heires, executours, administratours or assignes, or any of them do well and truly satisfie, content, or pay, or cause to be satisfied, contented or paid unto the said R L and G L or either of them or the heires, executours, administratours of assignes of them or either of them the said summe of 4800 l. at or upon the said second day of M. 1601. according to the true intent and meaning of the said proviso or condition, that then the said Sir H H his &c. and every of them, shall or may from thenceforth for ever have, hold, and enjoy all the said Manor or Lordship, lands and tenements, with all and singu∣lar their appurtenances to his and their owne proper use and behoofe, without any let, trouble, incum∣brance or interruption of or by the said R L and G L or either of them, their, or either of their &c. or any of them, or of any other person or persons by or with their, or any of their meanes, act, assent or procurement.

And that then also the said R L and G L their and either of their heirs and assignes, and all others which then and at any time then after shall have, or rightfully claim to have any lawful estate, right, title or inte∣rest of, in or to the said Mannor or Lordship, lands, tenements and hereditaments, or any part or parcel thereof, by, from, or under the said R L and G L or either of them, shall and will at all and every time and times, from and after such payment had and made to the said R and G, or ei∣ther of them, or the executors, administrators or

assignes of them, or of either of them of the said summe of foure thousand eight hundred pounds of &c. in manner and ••••me as aforesaid, for and during the space of three yeares then next ensuing, at and upon reasonable request to them, or either of them to be made, and at the onely costs and charges in Law of the said Sir H H his heires or assignes, or some of them, make, doe, acknowledge, suffer and execute in the cities of L. and W or either of them unto the said Sir H H his heires or assignes for ever, all and every such further lawful and reasonable act and acts, thing and things, assurance and assurances, conveyance and conveyances in the law whatsoever, with warrantie onely against themselves and their heires, or else without warranty, for the better, more perfect, sure, and absolute making and assuring of all and singular the said Mannor or Lordship, lands, tenements, hereditaments and other the premisses with the appurtenances unto the said Sir H H his heires and assignes, be it by fine, feoffment, recovery or recoveries, deede or deeds, enrolled or not enrolled enrollment of these presents, release, confirmation, or by all or any of them, or otherwise by any other lawfull and reasonable act or demise, as shall bee reasona∣bly devised or advised by the Learned Coun∣cell of the said Sir H H his heires or As¦signes.

And also that hee the same Sir H H his executors, ad∣ministrators and assignes, and every of them, doing nor committing any vo∣luntarie waste above the value of ten pounds of &c. shall or may at all times

from henceforth, until the second day of M. 1601. without the let, trouble, vexation or interruption of or by them the said R L and G L or either of them, their or either of their heirs or assignes or of any of them, or of any other rightfully claiming from, by or under them or any of them, peaceably and quietly have, take, receive, perceive and enjoy the rents, issues and profits of all and singular the said Manor or Lordship, lands and tenements and other the pre∣mises before herein mentioned to be hereby granted and conveyed, and every part and parcell thereof without any accompt to be made or yeilded unto the said R L and G L or either of them, their or either of their heirs &c. of or for the same. This in∣denture, or any thing therein contained to the con∣trary thereof in any wise notwithstanding. And that neither the said R L and G L, their heires or assignes, nor any of them, shall nor will take any of the rents, issues, revenues or profits of any the premises, or any part thereof which shall grow, a∣rise or come in or out of the premises, or any part or parcell thereof before the said second day of M. 1601.

And it is further covenanted, concluded and agreed by and betweene the said parties to these presents, and the true intent and mea∣ning of the same parties to these presents is, and the said R L and G L do by these pre∣sents fruther covenant &c. to and with &c. that if the said Sir H H Knight, his heires nor assignes, nor any of them do not pay nor cause to be paid unto the said R L and G L their heirs, executors, administrators or assignes, nor to any of them the said sum of

4800 l. of &c. in manner and forme as is before limited and appointed for the payment of the same, whereby the said estate of the said R L and G L shall become absolute, that then the said R L and G L their &c. or some of them, shall and wil well and truly content and pay, or cause to be paid unto the said Sir H H his &c. or some of them at or in &c. the sum of one thousand pounds of &c. at or up∣on the second day of M. 1601. as the residue and full satisfaction of the cleere and absolute pur∣chase of the said manor or Lordship, lands, tenements and other the premisses (without fraud, covin, or further delay) unto them the said R L and G L their heires and assignes to the proper use and behoofe of them the said R and G their heires and assignes for ever.

And the said Sir H H doth covenant &c. to and with the said R L and G L &c. that if he the said Sir H H his heires, executours, administrators nor assignes, nor any of them do not well and tru∣ly pay or cause to be paid unto the said R L and G L nor to the heirs, executors, administrators or assignes of them nor any of them the said sum of 4800 pounds of &c. before mentioned in manner and form as aforesaid, accor∣ding to the intent and true meaning of the said proviso or condition before herein expressed, that then hee the said Sir H H Knight, his tenants, farmours, and assignes, and every of them (other then such as be hereafter excepted) shall and will deliver, leave, yeild up and relinquish un∣to the said R L and G L their heires or assignes, or the survivors or survivor of them the peaceable and quiet possession of the said Manor or Lordship,

and of all other the premises with the appurtenan∣ces, without any let, trouble, contradiction or gain∣saying, and that then also hee the said Sir H H his heites and assignes, and Dame R his wife, and all and every other person and persons now having, or rightfully claiming, or which at any time or times hereafter shall or may lawfully have, claime or pretend to have any manner of estate, right, title, use, interest, condition or pos∣session of, in or to the said Manor or Lordship, and other the premisses, or any part thereof, other then such person and persons, whose estates, inte∣rests and termes are excepted in one former In∣denture, bearing date &c. made between the said Sir H H of the one partie, and the said R L and G L on the other partie, for and in respect only of their leases and termes by and in the said last mentioned indenture excepted, shall and will at all and every time and and times, from and after such default of payment had or made of the said summe of four thousand eight hundred pounds, for and during the space of seven yeares thence next en∣suing, at and upon reasonable request to him, her or them to bee made, and at the only cost and charges in the law of the said R L and G L or any of them, or the heires or assignes of them, or of one of them, make, doe, &c. (as in other like cove∣nants &c.

And that the said R L and G L, their and either of their heirs and assignes and e∣very of them, and all and every person and persons which at any time or times after the said default of payment of the said sum of four thousand pounds of &c. had and made as aforesaid, shall have any

estate, right, title or interest, of, in or to the said Manor or Lordship, manors, lands, tenements or other the premisses or any part thereof, by, from or under the said R L and G L their heirs or assignes or any of them, shall or may at all times from and after the said default of payment of the said sum of &c. had or made, for ever peaceably and quietly have, hold, occupie and enjoy all the said manors or Lordship, manors, lands, tenements and other the premises without any let, trouble, vexation or interruption of or by the said Sir H H his heires or assignes, or any of them, or of or by any other person or persons whatsoever, (except as in and by the said indenture of bargain and sale bearing date the said &c. made betweene the said Sir H H of the one partie, and the said R L and G L of the other partie, for and in respect only of the e∣states and interest in and by the same indenture ex∣cepted.)

And lastly, the said R L and G L do by these presents further covenant &c. to and with the said Sir H H &c. that in case the said Sir H H his heires, executors, administratours or assignes, or any of them, do well and truly pay, or couse to be paid unto the said R L and G L or one of them, or to the heires, executors, administrators or assignes of them, or of one of them the said sum of 4800 l. of &c. on the said second day of M. 1601 at or &c. according to the purport, intent and true meaning of the said proviso or condition without fraud or c••vin, that then they the said R L and G L or one of them, their or either of their heirs, executors administrators or assignes, or some or one of them,

shall and will within convenient time, after the said payment so had and made, deliver or cause to be de∣livered to the said Sir H H his &c. at or &c. one writing obligatorie or recognizance in the nature of a statute staple, bearing date &c. taken, sealed and acknowledged before &c. wherein the said Sir H H is and standeth bound unto the said R L in the summe of &c. to be cancelled and made void.

And further the said Sir H H Knight, R L and G L have made, ordained, constituted, & in their stead and place by these presents have put and authorized A B and C D their true and lawfull atturnies joyntly and severally for them, and in their names to enter into the said Manor or Lordship, and other the premisses, and into every or any part thereof in the name of the whole, and possession and seisin therof, or of every or any part or parcel thereof in the name of the whole, in their names and to their use, to take, and after such possession and seizen thereof and of every or any parcel thereof so had and taken, to deliver ful and peaceable possession and seisin ther∣of to the said E T and G B, To have and to hold to the same E T and G B according to the limita∣tions, uses, provisoes and conditions before here∣in expressed, and according to the tenour, purport, effect and true meaning of this present indenture tripartite, holding firme and stable all that and whatsoever their said atturnies or either of them, shall do or cause to be done in or about the premisses by these presents.

In witnesse, &c.

Forster.

And that the said fourth day of M. in the &c. peaceable and quiet possession and seisin of the manors, messuages, lands, tenements and heredita∣ments

in E and F within specified was taken, had and delivered by the atturnies within named, to the within named E T and G B, according to the tenour and true meaning of this present Inden∣ture, to the uses, provisoes, conditions and limitati∣ons mentioned in the same Indenture, in the presence of those whose names be subscribed.

Memorand. likewise, that the day and year abovesaid A B. C D. E F. &c. did agree to this present grant within written, and did severally atturn tenants to the said E T and G B according to this pre∣sent grant in the presence of those whose names are subscribed;

and in witnesse thereof the said A B. C D. E F &c. have hereunto set their hands.

Forster.

Notes

• The Indenture & use therein limi∣ted to be absolute for non payment▪ of the mony menti∣oned in the provi∣so.
• Not to do any act to hinder the rising of the use limited in the Indenture, and for quiet enjoying, and making further assurance upon pay∣ment of the mony mentioned in the pro∣viso.
• For further assurance.
• That the mortgager shall enjoy the issues and profits of the lands, until the day of payment.
• That the Mortgagee shall pay more for the cleer purchase of the land so mortga∣ged and being for∣feited.
• To relinquish pos∣session after de∣fault of payment of the sum contai∣ned in the proviso.
• Further assurance.
• For quiet en∣joying.
• To deliver up a sta∣tute upon payment of the money men∣tioned in the pro∣viso.
• A Letter of Attorney to deliver possession.
• Delivery of pos∣session.
• Atturnament.