The perfect conveyancer: or, Severall select & choice presidents such as have not formerly been printed. Collected by four several sages of the law. Edward Henden, Knight; late one of the barons of the Exchequer. VVilliam Noy, Attourney Generall to His late Majestie. Robert Mason, sometime recorder of London. And Henry Fleetwood, formerly reader of Grayes-Inne. Wherein are contained many excellent examples and instructions touching the manner and method of conveyances; usefull for all persons, that are professors in the law, and desire to be rightly and judiciously informed. With an exact table for the readers more ready recourse to any the particulars contained therein.

An Assignment of Letters Patents for a Water-mill, from &c. and made over for the as∣surance of a Marriage-portion, with other Covenants. Penn'd by Councell.

THis INDENTƲRE made, &c. betweene, &c. Witnesseth, That whereas, &c. by Letters Patents under the Great Seal of England, bearing date at Westminster, &c. Hath demised, &c. unto R T, of, &c. all that Water-mill cal∣led, &c. with all their appurtenances in her said County of, &c. and all those three roods of meadow with the appurte∣nances lying and being on the South part of the said Mill: and all that parcell of Land, called, &c. and also all those nine acres of Land by estimation with the appurtenances lying on the East part, and also all those dales and hills of land as the same were inclosed from the Ferry called, &c. unto the Mill aforesaid, and also all those nine acres of land and pasture called, &c. with the appurtenances, and all those two acres of meadow by estimation with the appurtenances, lying in, &c. and also all those tythes of the same Mill and Lands, or of any parcell thereof from time to time growing or arising, with all and singular their appurtenances, then or late before that in the tenure or occupation of, &c. or his Assignes to the late Hospitall of, &c. in England, sometime belonging or appertaining, and parcell of the possessions thereof sometime being, and also all and singular Hou∣ses, Edifices, Buildings, Barnes, Stables, Dove-houses, Orchards, Gardens, Tofts, Crofts, Curtilages, Lands, Mil∣dammes, Pools, Fishings, Waters, Water-courses, Streames, Sea banks, Walls, Ponds, Pools, Fishings, places and fishing in the water called the Thames, suit to the Mill, toll, profits, commodities, advantages, emoluments and hereditaments whatsoever, with all and singular their appurtenances, to the

said Mill, and other the premises, or any parcell thereof by any manner of means belonging, appertaining, happening, or accrewing (except one small Tenement or Cottage wherein one, &c. lately inhabited, and one acre of ground thereto appertaining, and all great trees, woods, under∣woods, mines and quarries of the premises) for the terme of, &c. commencing from, &c. last past, before the Date of the same Letters Patents, whereupon the yearly rent of, &c. is reserved payable at the Feasts of, &c. at the receipt of the Exchequer, to the hands of the Bayliffe or Receiver of the premises for the time being, as by the same Letters-Patents, &c. Which said R T. afterwards declared by his Testament or last Will, thereby ordaining R T. and R T, his Sons Exe∣cutors thereof, and died, By vertue of which said Testament or last Will, and the probate thereof, they the said R. and R. were lawfully possessed to the same premises; the whole ••••-state, right, title and interest of which said R T. and R T. was by Indenture of bargain and sale, dated, &c. lawfull con∣veyed and assured unto W L. of, &c. and the estate, right, title, interest, property, use, possession, reversion, terme of years, claim and demand whatsoever of which said, W L. of, in and to the same Letters-patents, conveyances and premisses, is by Deed Indented, Dated, &c. lawfully conveyed and assured unto the said R B. And further∣more, whereas Matrimony is intended betweene C H. of, &c. Son-in-law of the said T P. of the one part, and M S. Daughter of, &c. and Daughter in-law of the said R B, of the other part: And whereas the said T P. hath paid and imposed into the hands of the said R B. before the ensealing hereof, the summe of, &c. by and with the consent of the said C H. as his stock. And whereas the said R B hath in consideration thereof, and lieu and satisfaction of another, &c. being the portion of the said M S. now also resting in the hands of the said R B. promised, that he the said R B, his, &c. shall and will at his and their own char∣ges, at the next Court-Baron to be holden at and for the Manour, &c. cause and procure. I H, of, &c. or his Heirs, to make or cause to be made to the use of them the said

C H. and M S. and the Heires of the two bodies lawfully to be begotten, and for default of such issue, to the Heirs of the said C H. for ever, a good, lawfull, and absolute sur∣render and assurance, after and according to the custome of the laid Manour, of all that Messuage or Tenement, custo∣marily called, &c. within, &c. and of all and singular Barns, Stables, Dove-houses, Edifices and Buildings thereto be∣longing, or to or with the same now or at any time here∣tofore used or occupied as parcell thereof; and of all those customary Lands, Tenements and Hereditaments, as well a••able as pasture and meadow, within, &c. containing by estimation, &c. or thereabouts, be they more or lesse, hol∣den by the said Manour of, &c. sometime in the occupation of I H. or of his Assignes, and now in the occupation of the said R B. or of his Assignes, and of all other the customary Lands, Tenements and Hereditaments within, &c. aforesaid, holden of the same Manour, which late were in the occupati∣on of R H. Father of the said I H. and which to him the said I. by right of inheritance, as Son and Heir unto the said R H. are descended, with all and singular their appur∣tenances for ever, without any condition or other limitati∣on. And that he the said R B. his, &c. shall on or before, &c. also at his and these like costs and charges, convey and as∣sign unto him the said C H. one Recognizance in the na∣ture of a Statute of the staple of 400 l. taken and acknow∣ledged the 19th day of, &c. before, &c. Knight, Lord chiefe Justice of, &c. payable unto the said R B. And that he the said R B. shall also on or before the said, &c. become bound by obligation unto the said C. in the summe of, &c. not to revoke the same assignment, nor to receive the said debt of, &c. or any part thereof; nor thereof, nor of any part thereof, to acquit and discharge the said I H. his Heirs, &c. of the same Recognizance.† And furthermore, that he the said R B. his, &c. or one S P. of &c. shall also at his or their like charges, on or before the said, &c. enfeoffe, con∣firme and assure unto the said C. and M. and the Heirs of their two bodies lawfully to be begotten; and for default

of such issue, to the right heirs of the said C for ever, all that Pension or decimal Portion, with the appurtenances, lying and being in, &c. sometimes belonging to the late dis∣solved Monastery of, &c. and late parcel of the possession thereof: And that he the said C his &c. shall have the rents and benefits of the same customary Lands, Tenements, He∣reditaments, and of the same Pension or Decimal, from the day of the date hereof, during and until the said &c. Or that in default of such surrender, conveyance and assurance within the time above limited, as before is expressed, shall truly pay unto the said T P his, &c. on the &c. to the use of the said C and M their &c. (if Marriage shall be in the mean time between them solemnized) the summe of &c. in full satisfaction as well of and for the said stock of &c. so paid into the hands of the said R. As also in satisfaction of the said portion of, &c. due unto the said M. Or no such solemnization of Marriage between them, being then or in the mean time had, shall truly unto the said T P. his &c. to the use of the said C H his &c. the said summe of &c. in full satisfaction and discharge of the said summe of &c. by the said T P imposed or paid into the hands of the said R B. Now this Indenture further witnesseth, that the said R B, in consideration of the premises, and for other good considerations him moving; Hath bargained, sold, &c. unto the said T P, as well the said Letters Patents, and all and singular the premises thereby demised, and conveyances thereupon made and passed, as aforesaid; as also all and singular his right, estate, title, interest, use, possession, reversion, property, claime, terme of yeares, and demand whatsoever, of, in and to the same. To have and to hold the said Let∣ters patents, and premises thereby demised, and conveyances aforesaid, and all and singular his right, estate, title interest, use, possession, reversion, property, claime, terme of years and demand whatsoever, of, in and to the same, unto the said T P his &c. from the day of the date hereof, forth∣wards, during and until the full end, expiration, and ac∣complishment of all the residue yet to come and unexpired of the said term of, &c. in and by the said Letters patents

granted. And the said R B for himselfe, his, &c. Cove∣nanteth, &c. to and with the said T P his &c. by these presents. That all and singular the premises above by these presents bargained and sold, or mentioned, or hereby to be bargained and sold the day of the date of these presents, and also at the ensealing and delivery hereof, are and be, and in the day wherein breach or default shal be made of or in performance of the promise aforesaid, or in some part thereof, shall be and continue unto the said T P his &c. clear and clearly acquitted and discharged, or otherwise by him the said R B his, &c. sa∣ved harmless of and from all and singular former bargaines, sales, gifts, grants, leases, forfeitures, morgages, re-entry, cause and causes of forfeiture and re-entry, and of and from all o∣ther charges, titles, troubles and incombrances whatsoever, had made, committed, omitted, done or suffered, or to be had, made committed, &c by the said R B his, &c or any other person or persons whatsoever, by his or their means, assent, consent; or procurement (the yearly rent aforesaid, and all and singular the Covenants in the same Letters patents contained which on the part and behalf of the Leassee or Farmor of the premises shall be henceforth due and performed. And one Indenture of Lease, dated, &c. of five Messuages or Tenements adjoyn∣ing together, parcel of the same premises, then or late in the several tenures or occupations of, &c. with certain dales and hills of Lands thereunto adjoyning; one other parcel of ground, late also in the tenure of &c. containing by estimati∣on, &c. or thereabouts, and a Lyme kiln thereupon erected, for the term of &c. commencing from the Feast of St. Michael &c. next ensuing the date of the same Indenture of Lease, where∣upon the yearly rent of &c is reserved; and one other Inden∣ture of Lease made unto I H, of &c. dated &c. of the Eastern∣most of the said two Water-mils called &c. and the Oatmeal mil over the same, and certain Rooms, Lands and other things therein particularly named, for the term of &c. commen∣cing from &c. wherupon the yearly rent of, &c. is reserved: (All which rents which shall from and after the first breach of any part of the same proviso, continue due and payable unto the said T P his &c. only excepted and fore-prized.)

Provided alwayes, and it is neverthelesse covenanted, grant∣ed and agreed upon by and between the same parties; and the said T P for him, &c. doth covenant, &c. to and with the said R B his &c. by these presents, in manner and form following; that is to say, That if the said R B his &c. do and shall wel and truly perform the aforesaid promise according to the tenor and true meaning of these presents; That then and from thence∣forth, that is to say, from and after the day wherein the same promise shal be fully performed, this present Indenture of bargain and sale shal be void and of none effect. And that then also, or at any time hereafter, upon the reasonable request of the said R B his &c. to be unto him the said T P his &c. in that behalf made, the said Letters patents and conveyances shal be re-delivered unto the said R his &c. safe and uncancel∣led, and without alteration of the property thereof, or of the premises thereby demised, or any part thereof, in the mean space to be done by the said T P his &c. in any wise, and the counter-part of the these presents to be cancelled.† And fur∣ther, that it shal and may be lawful to and for the said R B his &c. to have and enjoy all and singular the premises by the same Letters patents demised, and the rents and profits there∣of, to his and their own use, to receive and take during and until some breach or default shal be made of or in the promise aforesaid, without any let or trouble of the said T P his &c. a∣ny thing before in these presents contained &c. And further∣more, that upon due performance of the promise above men∣tioned, they the said C and M their &c. shall make, enseal, and as their Deed deliver unto the said R B and unto E his wife, late the Wife and Administratrix of the above named I S, one acquittance of the mony, goods and chattels to her due. And finally, that upon payment of the said sum of &c. on or before &c. according to the same promise (such marriage as is before mentioned being then in the meane time solemnized) or the payment of the said sum of 100 l. on or before &c. ac∣cording to the promise abovesaid, such marriage being during the said time unsolemnized: That then and from thenceforth all Writings, Conveyances and Assurances by the said R B his &c. or by the said I H or S P or either of them, their or ei∣ther

of their, &c. touching the premises, or any thing thereto incident, shal be delivered to the said R his &c. and shall be and enure to the only use and benefit of the said R his, &c. for ever, without any incombrance to be had, made, or done by the said C and M or either of them, or the heirs of the said C or any of them in any wise.

In witnesse, &c.

Notes

• Recitall of the premises.
• R T. declared his Will, and made his Son Executors, whereby they were possessed of the premi∣ses, and by them conveyed to W. L. and W. L. conveyed the same to R. B. A Marriage is intended be∣tween •• H. and M. S. Daughter of R. B Moneys depo∣sited into the hands of R. B. by T P for the stock of C. H and for and in consideration thereof, and for the Portion of M.S. R.B. doth promise to surrender the premises to the use of C. H and M.S. and their Heirs, accord∣ing to the cu∣stome of the Manour.
• R.B promi∣seth to assign a recognizance of 400 l in na∣ture of a Statute staple, and also to become bound in an Obligation to C H ••n the sum of, &c. not to revoke the said assignment.
• †

  And R B. and one S. P. shall also con∣vey and assure unto H. and S. a decimal Por∣tion or Pensi∣on with the appurtenances belonging to the Monastery of, &c. and that H. and S. shall receive the rent there∣of, untill de∣fault of such surrender a∣foresaid limi∣ted upon the solemnizing of the said Marriage for the full satis∣faction of the aforesaid stock for H. and portion for M.
• Consideration and Demise.
• Habend.
• R B cove∣nants, that up∣on breach or default the pre∣mises are to continue unto T P clear from all other and former bar∣gains, and also to bee saved harmlesse from all incombran∣ces whatsoever.
• The Rent re∣served to bee paid by the Leassee. Rent reserved upon two In∣dentures for default of pay∣ment also to be and conti∣nue to T P up∣on the first breach of any part of the same.
• Proviso, that if R B shall truly perform the aforesaid promise, then this present In∣denture of bar∣gaine and sale to be void, and the Letters pa∣tents shall be re-delivered by the said T P to R B.
• †

  Covenant, that the said R B shall receive the profits of the premises until breach shall be made in the promise aforesaid.
• Also agreed, that upon pay∣ment of 100 l. and the Marri¦age also solem∣nized, that the•• all Writings and Assurances by the said, R B or by the said I H and S P. or either of them concern∣ing the premi∣ses, shall be de∣livered to the said, R B and his heirs for e∣ver, without a∣ny incom∣brance.