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.

A Lease of a Messuage, with certain Lands, Woods, and Mynes thereto appertain∣ing, and also a power of Fishing upon the said ground, together with power to coal the Wood upon the ground.

THis INDENTVRE made, &c. Between R.C. &c. of th'one part, and G.G. of th'other part, Witnesseth, that the said R.C. for divers good considerations, &c. hath demised all that his Messuage, &c. with the appurtenancess, called and known by the name of, &c. And all his Lands, &c. lying and being in W. aforesaid, to the Messuage, &c. called B. appertai∣ning, or as parcel thereof usually occupied, containing in all, by estimation, &c whether more or lesse, which lieth, boundeth and butteth as fooloweth, viz, &c. all and singular the Woods, Underwoods and Trees, now standing, growing, or lying, or which at any time during the said term shall grow, or be in or upon the premises by these presents demised, or any part there∣of, And all and singular the Mines now growing, or being in and upon the premises by these presetns demised, on any part thereof,* 1.1 together with free liberty, full license, power and au∣thority, for him the said R. C. his Heirs and Assigns, and for his and their Workmen, Servants, and Labourers, from time, and at all times during the said term, at his & their will & plea∣sure, to fell, cut down, cleave out, cord and coal the said Woods, Underwoods and Trees, or any part thereof, and earth, dust, cover, and all other things necessary and expedient for the cō∣verting of the said Woods, Underwoods and Trees, or any part thereof,* 1.2 into cole, upon the said premises, or upon any part thereof, and to take and have Colliers Lodges upon the said premises from time to time, during the said term, at his and their will and pleasure to make and remove, and the said Mines to open, and the Mines therein from time to time during the said term, in convenient places to digg, draw, and cast up, lay and bestow upon the said premises, or any part thereof, and the said Woods, Trees, Coles and Mines, or any part thereof, from

time to time, and at all times during the said term, at his & their will and pleasure,* 1.3 with Wains, Cart and Carriages, from thence, by necessary and convenient ways, over and through the said premises, or any part thereof, to fetch and carry, whither, and to such place or places, as to the said R.C. his Heirs or As∣signs shall seem good; and one Pond made upō part of the said premises, and the banks, bays, and sluces thereunto belonging, with liberty to digg earth and clay for the mending thereof, and all Fish and Fishings in the said Pond. And also all the fish now being, or which at any time during the said term, shall be in three Marl-pits hereafter expressed; that is to say,* 1.4 &c. toge∣ther with free liberty and authority from time to time, &c. and at all times during the said term, for him the said R.C. his Heirs and Assigns, to come, and go from the said Marl-pits, or any part of them; And the same pits, or any part of them, with An∣gles, Engins, or by sewing or letting out of the water, or other∣wise, as to him or them shall seem good, to fish: To have, &c. the said Messuage or Tenement called B. the Lands, Tenements, Hereditaments, and other the premises before by these presents demised, with all and singular th'appurtenances unto the said G.G. and his Assigns, for and during the natural life of the said G.G. Yielding, &c. during the said term, at or in the now Ma∣nor-house of the said R. C. called C. Sit. &c. unto the said R.C. and unto the heirs of his body lawfully begotten,* 1.5 and for default of heirs of his body lawfully begotten, to such person and persons, their heirs and Assigns, to whom the said premises before by these presents demised, or the reversion or reversions, remainder or remainders thereof, shall after the death of the said R. without heir of his body lawfully begotten, descend, re∣vert, remain, accrue, or be, &c. of lawfull, &c. at two usual Feasts in the year; that is to say, &c. by equal portions yearly to be paid. And if, and as often as the said yearly rent, or any part thereof, shall happen to be behind and unpaid by the space of, &c. next after any of the said Feasts in which the said yearly rent, or any part thereof ought to be paid; That then he the said G.G. and his Assigns, shall forfeit unto the said R. C. and unto the heirs of his body lawfully begotten, and after the de∣cease of the said R.C. without heir of his body lawfully begot∣ten,

to such person and persons to whom the said premises shall descend, revert, remain, accrue, and be, for every day after the expiration of the said, &c. days next after any of the said Feasts, in which the said yearly Rent, or any part thereof shall be be∣hind,* 1.6 &c. of lawfull, &c. And that then and from thenceforth it shall and may be lawful to and for the said R.C. and the heirs of his body lawfully begotten, and after the decease of the said R. without heirs of his body lawfully begotten, to and for such person and persons to whom the said premises shall descend, revert, remain, accrue, or be, into all and singular the premises, or into any part thereof, to enter, and there to distrain, as well for the said yearly rent of, &c. as for all such sums of money as shall be forseited in the name of a pein; And the distresse or di∣stresses there so had & taken from thence, to chase, drive, lead, bear, and carry away, and that they or them to detain & with∣hold,* 1.7 until they shall be of the said yearly rent, and the arrera∣ges thereof, and also of all such sums of money as shall be for∣feited in the name of a pein, and of his & their consts and losses by non-payment thereof sustained, fully satisfied and paid. And the said R.C. for him, his heirs, &c. doth by these presents Co∣venant and grant to and with him the said G.G. and his assigns, in manner and form following; that is to say, that he the said R. his Heirs and Assigns, shall & will from time to time, during the said term,* 1.8 bear, pay, and do all manner of rents, payments and serveices, which during the said term shall accrue, and grow due to the chief Lord or Lord of the Fee or Fees thereof, and of the same, and of every part thereof, shall and will discharge, or sufficiently save harmlesse the said G.G. & his assigns. And that the said R. his Heirs & Assigns, shall and will from time to time, and at all times, at his and their proper costs and charges, during the said term, within, &c. days next after reasonable re∣quest to him or them by the said G.G. or his Assigns made, or to be made, not only assign and appoint to them, or some of them such and so much timber, growing and being upon some part of the said demised premises, as shall be sufficient, conveni∣ent, & neccessary, for the repairing, mending, maintaining, or new making (if need shall so require) of all or any of the hou∣ses, arns, buildings, now situat and being upon any part of the

premises, or for the mending or building one new Barn upon some part of the said premises, if the said G. shall be disposed, or will new make or build any such, but also shall likewise, during the said term, within, &c. next after like request to him or them, by the said G.G. or his Assigns, at the said mentioned house of the said C. to be made, at his or their like costs and charges, assign or appoint unto him or them, within one mile of the said Messuage called B. for, and towards their fewel and fire-boot to be expended in the said Messuage, &c. Wain Loads of wood, which timber and wood so appointed or assigned, it shall and may be lawfull to and for the said G.G. & his Assigns,* 1.9 or any of them, or for the assigns, servants, or workmen of them, or any of them, at all times during the said term, to fell, cut down, and work out, and the same to have and take with their Wains and Carriages, and that to carry away and imploy about the said reparations and buildings, & fire-boot, without any lawfull let or disturbance of any person or persons, and without any accompt and thing therefore yielding or paying. And further, that it shall and may be lawfull to and for the said G. and his Assigns, from time to time, and at all times during the said term, as often as need shall require, not only to take and have without any assignment upon the said premises demised, sufficient and competent hedgeboot, bushes and shrubs, stake & Barre Rods to be imployed upon the said premises, and such timber of the worser sort growing upon the said premises, by the appointment of the said R. his Heirs or Assigns, if he or they shall appoint the same within, &c. next after request; And in default of such assignment, without assignment of the said R. his Heirs or Assigns, as shall be convenient, meet, and sufficient for Barre posts, to be occupied in convenient places about the premises, and for the making of posts and rails, to be set upon the said premises, along the shore or bank of the River or stream, which stretcheth, &c. And that he the said G. his Heirs and Assigns, servants and work men, shall and may, form time to time, and at all times during the said term, at his and their wills and pleasures, not only dig, take, have and carry Marl & Grite, out and from any the Marl-pits in & upon the premises demised, or some part thereof, to be laid, imployed or bestowed

only upon the demises premises, or some part thereof, but also shall or may likewise digg, take, and have upon, and carry from any convenient place or places of the said premises, stone, earth and clay, meet, necessary, and suffient to be imployed or bestowed during the said term, in, upon, or about the repa∣rations, mending, or new making of any houses or buildings upon the premises,* 1.10 or any part thereof; And the said G. G. for him, his Heirs, &c. doth by these presents covenant and grant, to & with the said R. C. his Heirs, &c. in manner & form fol∣lowing; that is to say, the he the said. R. C. his Heirs or Assigns, shall or may from time to time, and at all times during the said term, have, use and enjoy, all and singular such liberties, and other things, as are to them, or either of them, before in or by these presents mentioned to be* 1.11 excepted or reserved, without any expulsion or disturbance of the said G.G. his Executors, &c. or any of them; and that he the said G.G. his Executors, &c. shall or will, from time to time, & at all times hereafter, during the said term, not only well and sufficiently repair, maintain, sustain and keep,* 1.12 all and singular the houses, barns, and buil∣dings, now builded or set, or which at any time during the said term, shall be builded or set upon the said demised premises, or any part thereof, And the hedges, ditches, fences, and in∣closures, in, upon, and about the demised premises, or a∣ny part thereof, in and by all manner of necessary reparations and amendments, and the said houses, barns, and buildings, in and by all things well and sufficiently repaired and amended, and the said hedges, ditches, fences, & inclosures, well and suf∣ficiently made and maintained, in the end of the said term, yield and leave up, but also shall and will, from time to time, and all times during the said term, when and as often as need shall require, well and sufficiently ridd, scowr and clense, &c. the said lands called the T. unto the said Mill, called the C. Mill, and such part of the said River, or Stream as aforesaid, well and suffiently ridded, scowed and clensed, shall during all the said term keep and maintain, & so sufficiently ridded & scowred, in the end of the said term shall yield & leave up.* 1.13 And further, That he the said G. G. his Executors, Ad∣ministrators or Assigns, nor any of them, shall not any time

hereafter, during the said term,* 1.14 without licence of the said R. G. his Heirs or Assigns first had and obtained in writing, de∣mise, grant, let, set or assign, the said Messuage, &c. or any part thereof, or all, or any part of the said Lands, and other the premises by these presents demised, to any person or persons, other than such person or persons as shall be sufficient and well able to pay and yield, during the said term, the said year∣ly Rent reserved, and maintain and keep the houses, &c. accor∣ding to the Covenant before in these presents expressed. In Witnesse, &c.

Notes

• * 1.1

  Power to coal the wood, & to do other acts necessary for the same.
• * 1.2

  Power to opē the mines, & to dig, draw, cast up, &c. Power with Cart, carria∣ges, &c. to carry away the Woods, Cores, &c.
• * 1.3

  Lease of a Pond upon part of the premises, with liberty to dig for the mend∣ing thereof, & all Fish and fishings in the said Pond.
• * 1.4

  And also all the Fish & fish∣ing in 3 Marl-pits, with li∣berty to, come and go, by any means to take the same.
• * 1.5

  Reservatiō of a Rent upon a Lease for life, to the Lesser, & the heirs of his body, & for default of such heirs, to such persons to whom the re∣version shall descend.
• * 1.6

  Nomine penae for the non∣payment of the Rent re∣served, & di∣stress for both.
• * 1.7

  Covenant by the Lessor to pay the rents &c. due to the Lords of the fee, & thereof to acquit the Lessee.
• * 1.8

  Covenant by the lessor, after request, to as∣sign timber for repairing, or new making of the houses, &c. if need shall require, as also for fire∣boot; and that if shal be law∣ful for the Lesse, &c. to fell, cut, and carry away the same, without interruption, &c.
• * 1.9

  And that the Lessee shall not only have hedgeboot without As∣signment, but timber also of the worser sort, if the Lessor after request shall appoint it, and in default of appointmen, that he shall take it with∣out, necessary for posts and rails to be set along the bank of the River, &c. And that the Lessee may not only digg Marl upon a∣ny part of the premises, but may also digg stone, carth & clay, for the reparations, or new making of the houses, &c.
• * 1.10

  Covenant that the Lessor &c. shall enjoy the liberties and other things excep∣ted, without interruption.
• * 1.11

  Note, that there was an exception in the beginning which I left out.
• * 1.12

  And that the Lessee shall not only well & sufficiently repair, &c. & the hedges, ditches, &c. and so shall the at the end of the term leave up; But also shall ridd & scowr such a ditch or River, and so shall leave it up at the end of the term.
• * 1.13

  And further, that the Lessee
• * 1.14

  shal not assign the premises to any person, other thā such person as shall be able to pay the Rent, and maintain the premises, ac∣cording to the Covenant &c. without li∣cense of the Lessor.