The first part of the young clerks guide, or, An exact collection of choice English presidents according to the best forms now used for all sorts of indentures, letters of atturney, releases, conditions &c. very useful and necessary for all but chiefly for those that intend to follow the atturney's practice / compiled by R.F. ... : and revised by an able practitioner.

A Lease of Lands by way of Morgage, in consideration of a sum of money.

THis Indenture made the &c. Between the right honourable E. Earl of B. and the Lady L. his Wife, Countesse of B. The right honourable the Lord M. Baron of R. in the County of &c. Sir F. G. of &c. and E. W. of &c. on the one part: And I.W. of &c. on the other part: Witnes∣seth,* 1.1 That in consideration of the sum of &c. to the said E. Earl of B. and the Lady L. Countesse of &c. in hand paid by the said I. W before th'ensealing and delivery of these presents, whereof they do acknowledge the receipt,

and thereof, and of every part and parcel thereof, do hereby clearly and absolutely acquit, exonerate and discharge the said I. W. his Heirs, Executors, Administrators and Assigns, and every of them, for ever by these presents: They the said W. Lord M. Sir F. G. and E. W. at and by the speciall direction and appointment of the said E. Earl of B. and the Lady L. Countesse of B. Have demised, granted,* 1.2 bar∣gained and sold, and by these pre∣sents do demise, grant, bargain and sell unto the said I. W. his Executors, Administra∣tors and Assigns, all those Closes and Grounds here∣after particularly named, scituate, lying and being in the Hamlets, Parish or Fields of Burley in the County of R. (That is to say) One Close of pasture and mea∣dow ground, commonly called or known by the name of New Cow Close, containing by estimation 110 a∣cres, now in the tenure or occupation of R. I. Gen∣tleman, or his Assigns. One other Close of pasture, called &c. containing by estimation 170 acres at least, now in the tenure or occupation of William Dalby, or of his Assigns. Two Closes of pasture &c. Toge∣ther with all and singular the waies, passages, profits, commodities, advantages and appurtenances what∣soever, to the said severall Closes and Grounds, and every or any of them belonging or in any wise ap∣pertaining, or with them or any of them, now or heretofore usually occupied, demised or enjoyed, or accepted, reputed, taken or known, for or as part or parcel of them or any of them. And the reversion and reversions, remainder and remainders, rents and yearly profits whatsoever, of all and singular the said Closes and premisses before mentioned, and of every of them. To have and to hold the said Closes, Fields, Grounds, Hereditaments, and all and singular other

the premisses, with their and every of their appurte∣nances before by these presents demised or mentio∣ned to be hereby demised, granted, bargained or sold, and every part and parcel thereof, unto the said I.W. his Executors, Administrators and Assigns, from the &c. day of &c. next ensuing the date of these pre∣sents, unto the full end and term of 99 years, from thence next ensuing, and fully to be compleat and ended: Yeilding and paying therfore yearly unto the said W. Lord M. Sir F. G. and E. W. their Heirs or Assigns, one Pepper Corn only at the &c. if the same be demanded. Provided alwaies, and it is fully agreed between the said parties to these presents, and every of them, That if the said E. Earl of B. the Lady L. Countesse of B. W. Lord M. Sir F. G. and E.W. or any of them, their of any of their Heirs, Execu∣tors, Administrators or Assigns, or any of them, do and shall well and truly pay or cause to be paid unto the said I. W. his Executors, Administrators or As∣signs, the sum of &c. in or upon the &c. at or in the &c. between the hours of &c. That then this pre∣sent demise, grant, bargain and sale, shall be utterly voyd, frustrate and of none effect; any thing herein before contained to the contrary thereof in any wise notwithstanding.* 1.3 And that the said E. Earl of B. the Lady L. Countesse of B. W. Lord M. Sir F. G. and E. W. or some of them, their or some of their Heirs, Executors, Administrators or Assigns, shall and will well and truly pay or cause to be paid unto the said I. W. his Executors, Administrators or Assigns, the said sum of &c. in or upon the &c. at or in the place aforesaid, and between the hours of &c. according to the true intent and meaning of these presents. And further, That the said Closes, Grounds and other the premisses, before in and by these pre∣sents

mentioned to be demised, granted, bargained and sold, now are and be, and so during the whole term of &c. hereby granted, bargained and sold, shall be remain and continue of the clear yearly value of &c. over and above all charges and reprizes.* 1.4 And moreover if default be made in payment of the said sum of &c. herein before in the said pro∣viso mentioned, or any part thereof, at the day, time and place before mentioned and limitted for the payment thereof: That then the said I. W. his Executors, Administra∣tors and Assigns, and every of them, shall and may from time to time, and at all times during the said term of &c. peaceably and quietly have, hold, use, occupy, possesse and enjoy the said Grounds, Lands, Tenements, Hereditaments, and all other the premis∣ses herein before mentioned to be demised, granted, bargained or sold, with all and singular their and eve∣ry of their appurtenances, and every part thereof, without the let, suit, trouble, deniall, disturbance, expulsion or interruption of the said E. Earl of B. the Lady L. &c. W. Lord M. Sir F. G. and E. W. and of all and every other person or persons whatsoever, and discharged of and from all other bargains, sales, gifts, grants, leases, statutes, recognizances, extents, judgments and all charges, estates, titles, troubles and incumbrances whatsoever, had, made, committed, suffered or done, or to be had &c. by the said E. Earl of B. the Lady L Countesse of &c. W. Lord M. Sir F. G. and E. W. or any of them, or by any other person or persons whatsoever. And further,* 1.5 that if default be made in payment of the said sum of &c. or any part thereof, at the day, time and place aforesaid, that then the said E.

Earl of B. the Lady L. Countesse of B. W. Lord M. Sir F. G. and E. W. their Heirs, Executors, Admi∣nistrators and Assigns, and all and every other person or persons lawfully having, claiming or pretending to have or claim any manner of estate, right, title, interest, claim or demands whatsoever, of, in or to the said Closes, Grounds, Hereditaments and premisses, or any part thereof, shall and will make, do, suffer and execute or cause & procure to be done, made, suffered and executed, all and every such further lawfull and reasonable act and acts, thing and things, device and devises in the Law whatsoever, for the further better and more perfect assurance, surety, sure making and conveying of the said Closes, Grounds and premisses, with th'appurtenances, and every part thereof, unto the said I. W. his Executors, Administra∣tors and Assigns, during the said Term of ninety and nine years, according to the intent and meaning of these presents; as by the said I. W. his Executors or Assigns, or by his or their Councel learned in the Law, shall be reasonably devised or advised and requi∣red. And the said W. Lord M. Sir F. G. and E. W. for themselves severally, and not jointly, nor one of them for each other their severall Heirs, Executors, Administrators and Assigns, and for every of them re∣spectively, do covenant, promise and grant to and with the said I. W. his Executors, Administrators and Assigns, and every of them by these presents; That if default of payment be made of the said sum of &c. or any part thereof, at the day, time and place a∣foresaid: That then the said I. W. his Executors, Administrators and Assigns, shall and may from time to time, and at all times during the said Term of &c. peaceably and quietly have, hold, possesse and enjoy the said Closes, Grounds and other the premisses be∣fore mentioned, to be hereby demised, granted, bar∣gained

or sold, without the lawfull let, suit, trouble, deniall, disturbance, expulsion, eviction or interrup∣tion of them the said W. Lord M. Sir F G. and E.W. severally, their and every of their severall and respe∣ctive Heirs and Assigns, or any of them, or of any o∣ther person or persons, lawfully claiming in, by, from or under them or any of them respectively, as afore∣said; And discharged and clearly acquitted of and from all former Bargains, Sales, Gifts, Grants, Statutes, Recognizances, Extents, Judgments, and of and from all other Charges, Estates, Titles, Troubles and In∣cumbrances whatsoever, had, made, committed, suf∣fered or done by the said W. Lord M. Sir F: G. and E. W. or any of them respectively, their or any of their severall Heirs, Executors, Administrators or Assigns, or any other person or persons claiming or to claim in, by, from or under them or any of them severally and respectively, their or any of their seve∣rall estate, act, title, means, consent or procurement. In witnesse whereof, the parties first above named to these present Indentures, have interchangeably set their hands and seals yeaven, the day and year first above written. Anno{que} Domini, 1634.

Notes

• * 1.1

  Consideration.
• * 1.2

  Grant.
• * 1.3

  For payment of the money.
• * 1.4

  For the quiet enjoying of the premisses upon default.
• * 1.5

  For further assurance upon default.