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 an Iron Furnace, Work Hammer, or Iron Mill, together also with Woods, and Mynes, conteining ordinary Covenants, for the better enjoying of the same.

THIS INDENTVRE, &c. Between F. F. and F. F. Son and Heir apparent of the said F. of th'one part.

And H. G. &c. and M. M. &c. of th'other part, Witnesseth, That the said F. and E. for and in consideration, &c. have de∣mised, granted, and to Farm letten, and by these presents, &c. unto the said H. G. and M. M. one Iron Furnace, or work, Hammer, or Iron Mill, newly erected, situate, and being, &c. and all Bellows, Implements, Tools, and other necessaries thereunto belonging, and all Ponds, Waters, Water-wayes, Water-courses, Streams, Banks, Bays, Damms, Sluces, Stand∣gates, to the said Iron Furnace, and Iron Forge, or to either or any of them belonging or appertaining, or therewith hereto∣fore letten, occupied or enjoyed, and also the edifices, houses and buildings, lately erected near about the said from Furnace and Forge, or either of them, for the dwelling of workmen, or for laying of Cole, Iron, or other things. And also such, so much, and so many parcels, pieces, and plots of ground, of the land or soyl of the said F. or E. or either of them, next adjoy∣ning unto the said Iron Furnance or Forge, Hammer or Iron mill, as shall be meet and convenient for the said H. G. and M. M. their Executors, Administrators and Assigns, or any of them, not only to build and erect necessary houses upon, for the better keeping, harbouring, or lodging of such their Ser∣vants or Workmen, as they or either of them shall use or im∣ploy, in and about the said Iron Furnance or Forge, or either of them, during the continuance of this present Lease, Butalso to use for places to lay Wood, Cole, Mine, Iron weare, Sowes of Iron, Earth, Stone, Sand, Cinder, and other necessaries for to be spent, imployed, or used in and about the said Iron Furnace, Iron Forge, Hammer, or Iron Mill aforesaid, To have and to hold the said Hammer, Forge, or Iron Mill, Ponds, Waters, Waterways, Streams, Bays, Damms, and other the premises be∣fore by these presents mentioned to be demised, with all and singular their appurtenances, unto the said H. G. and M. M. their Executors, Administrators and Assigns, from the Feast of &c. last past before the date of these presents, unto the full end and term of, &c. from thence ensuing, and fully to be compleat and ended; Yielding and paying therefore yearly, during the said first three years, of the said term unto the said F. F. his Heirs and Assigns, the sum of, &c. and from and after the, &c.

which shall be in the year of our, &c. the yielding and paying during all the residue of the said term of, &c. then to come or to be unexpired, yearly, and every year at the Feast of, &c. unto the said F. F. his Heirs and Assigns, the sum of, at the Iron Forge or Hammer aforesaid, of good, &c. And if, and as often as it shall happen the said yearly Rent of, &c. before by these presents reserved, or any parrt threof to be behind and unpaid, in part, or in all, over of after any of the said Feasts or terms of the year, or terms of payment in the which the same ought to be paid, by the space of, &c. being lawfully deman∣ded at the Iron Forge, or Hammer aforesaid, that then the said H. G. and M. M. their Executors, Administrators and Assigns, shall forfiet unto the said F. F. his Heirs and Assigns, the sum of, &c. in the name of a pein; and that then, and from thenceforth it shall and may be lawfull to and for the said F. F. his Heirs and Assigns, into all and singular the Iron Furnance, Iron Forge, Hammer, Iron Mill, and all and singular other the premises, or into any part or parcel thereof, to enter, and di∣strain, as well for the said yearly Rent, as also for all such sum or sums of money as shall be forfeited in the name of a pein; and the distresse and distresses there so had and taken, from thence lawfully to lead, bear, drive, and carry away, and that to withhold, detain, and keep inrreplegiable, until that the said F. F. his Heirs and Assigns, shall be of the said yearly rent, and arrerages thereof, (if any shall happen to be) and also of all such sum and sums of money as shall be forfeited in the name of a pein, fully satisfied, contented, and paid.

And the said F. F. and E. F. and either of them, doth by these presents, for them & either of them, Covenant and grant to and with the said H. G. and M. M. and either of them, and to and with the Executors, Administrators & Assigns of them and either of them, in manner and form following; that is to say, that they the said F.F. and E.F. their Heirs and Assigns, shall and will, yearly, and every year, during all the said term of, &c. upon reasonable request to them or any of them to be made, by the said H. G. or M. M. or either of them, their Executors, Administrators, and Assigns, at or in the now Man∣sion-house of the said F. in G. &c. assign, appoint, and set over

unto the said H. G. and M. M. or to the survivor of them, or to their or either of their Exec. Administ. and Assigns, within two miles of the said Iron-mill, or Iron-works, of the proper woods of the said F. and E. their Heirs or Assigns, or of one of them, such and so much wood as shall be sufficient to make 500 cords of wood, every cord to contein in length 4 foot, in height 6 foot.

And further, the said E. and F. and either of them, doth for them, and either of the, and for the Heirs, Executors, Admi∣nistrators or Assigns of them, or either of them, covenant and grant, to and with the said H. G. and M. M. their Execu∣tors, Adiministrators and Assigns, and either of them, and to them the said H. and M. their Executors, &c. do by these presents grant, that it shall and may be lawfull to and for the said H. and M. or either of them or the Executors, &c. or either of them, from time to time, and at all times after such assignment or appointment of the said woods as afore∣said, to them the said H. and M. and either of them, or the Executors, &c. of them, or either of them, to be made, felled, cut down, cleaved out, and corded, to have, take, and imploy the said woods so assigned, appointed or set out, for, or to the making of Coals, or otherwise at their will and pleasure, with∣out any lawfull let or interruption of any person or persons whatsoever. And the said F. E. and either of them, doth by these presents, for them and either of them, covenant and grant, to and with the said H. and M. their Executors, &c. that if upon such request as aforesaid made for the assignment and appointment of the said woods for the making of the said 500 cords of wood aforesaid, the said F. and E. or any of them, or the Heirs, &c. of them or any of them, do not as∣sign, appoint, and set forth the said woods for the making of the said 500 cords of wood of the scantlyn aforesaid, unto the said H. and M. or any of them, or the Executors, &c. of them or any of them, that then, and as often as any such de∣fault of Assignment, appoinment, or setting out shall be by the said F. and E. their Heirs or Assigns made, it shall and may be lawfull to and for the said H. and M. and either of them, and the Executors, &c. of them and either of them, to

have, and to take in any of the groud of the said F. and E. or either of them, the Heirs, &c. of them or either of them, lying and being within two miles of the s;aid Furnace or Forge, so much as will suffice to make up full 500 Cords of Wood of the scantlin aforesaid, for that year and time wherein default of assignment or setting forth shall be made as aforesaid, if so much wood be then to be had upon the woods, ground, or land of the said E. and F. or either of them, or the Heirs or Assigns of them or either of them, within two miles of the said Forge, Furnace or Ironwork, for the certain doing there∣of, and for the avoydance of question or controversie in and about the delivery or taking of the said cords or wood, it is co∣venanted and agreed between the said parties, and the said H. and M. do covenant and grant, for them, their Executors, &c. to and with the said F. and M. their Heirs and Assigns, that they the said H. and M. their, &c. shall yearly, during the said term, cause the wood by vertue of these presents to be felled, and to be set up into Cords, that neither they, nor either of them, nor their Executors, &c. shall or will, after the making of the said wood to them assigned and set forth, or de∣livered as aforesaid into Cords, carry away any of the said cords of wood, or put or convert any of them into Coals, untill within one week after they, or some of them have made re∣quest unto them the said F. and E. or one of them, or the Heirs &c. of them or one of them, at the dwelling house of the said F. in H. aforesaid, to tell and number the said cords of wood so made of the wood to them assigned, appointed, set forth, or delivered as aforesaid.

An further, the said F. and E. do, and, either of them doth by these presents, for them, and either of them, and for the Heirs, &c. Covenant and grant, to and with the said H. and M. and either of them, and to and with the Executors &c. of them and either of them, that there is and shall be during the said term of, &c. good Iron Mine, and Iron wear sufficient, and enough to be employed, spent, or blown out of the said Iron Furnace, to be had, digged, and drawn, within the ground, land and soyl of the said F. and E. their Heirs, &c lying and being within two miles of the Furnace

aforesaid; Or else for want of sufficient Iron Mine, or Iron wear, to be spent, imployed, or blown out at the Furnace afore∣said, so as aforesaid to be had and found in the lands or soyl of the said F. and E. or one of them, or the Heirs, &c. of them, or one of them, that the said F. and E. at the proper costs & char∣ges of them, or one of them, shall and will, from time to time, during the continuance of the said term, procure, find, get, and assign unto the said H. and M. their Executors, &c. or to some of them, land, ground, soyl, and places, lying and being with∣in two miles of the said Furnace, where there shall be so much good Mine of the said F. and E. their Heirs, &c. as shall suffice to be spent in the said Furnace, and to supply the want of Iron Mine, and Iron wear, which shall be wanting or lacking in the ground, land or soyl of the said F. and E. their Heirs and As∣signs, within two miles of the Furnace aforesaid.

And the said F. and E. do, and either of them, doth, by these presents, for them, and either of them, and for the Heirs, &c. of them, and either of them, Covenant to and with the said H. and M. and either of them, their Executors, &c. and either of them, do grant by these presents, that it shall and may be lawfull, to and for the said H. and M. their Executors, &c. and either of them, and the Assigns, Servants, Workmen and La∣bourers of them, and either of them, from time to time, and at all times hereafter, during the said, &c. to digg, draw, have, take, and carry away such, and so much Iron Mine, Iron wear, and Iron stone, out of all or any of the said lands or grounds of the said F. and E. or either of them, within two miles of the said Furnace, and also out of the said land, ground or soyl of other men, within two miles of the said Fur∣nace; And to have places there to lay the said Mine, and reasonable and convenient wayes for the fetching and carrying thereof to the said Furnace, without trouble, let, molestation, or impeachment of the said F. and E. their Heirs, &c. or either of them, or any of the Owners of the said lands, ground, or soyl, or any other person or per∣sons whatsoever. And the said F. and E. do, and either of them doth by these presents, for them and either of them, and the Heirs, &c. of them and either of them,

Covenant, to and with the said H. and M. their Exe∣cutors, &c. and to and with either of them, And to the said H. and M. their Executors, &c. and to either of them, by these presents do grant, that it shall be lawfull for, and that they the said H. and M. their Executors, &c. and either of them, and their Servants and Workmen, and every of them, may and shall, from time to time, and at all times during the said term, have free liberty, in∣gresse, egresse, and regresse, and convenient and necessary wayes in, by, over, and through the ground and soyl of the said F. and E. their Heirs and Assigns, and such other grounds wherein wood shall be as aforesaid to them or any of them appoointed, with Carts, Wains, and Carriages, for the carrying of Wood, Coal, Mine, Iron sowes, Earth, Sand, Dust, Cover, Sinder, and other necessary stuff or implements to be occupied or imployed in or about the making of Iron in the said Furnace, Forge, or Iron work, to or from the same, or to be imployed or used in or about the said Iron works, or about the making of coles, or other imploy∣ments whatsoever touching the same, & to make Colliers Lod∣ges, and also to dig and make necessary place & places to make coles in any convenient place or places within any the woods, ground or soyl of the said F. and E. or in any other grounds wherein the said F. and E. or either of them, shall assign or appoint them to fell wood as aforesaid, within two miles of the said Iron words, and to cut and take Fern and Cover, and to digg and take as well places for Cole-pits, as also necessary and convenient earth or dust for the covering and healing of their, and either of their Cole-pits, or other uses, which shall be made and used for the making of Coles to be spent and im∣ployed in the said Iron works, And earth, stone, grite, clay, or any other stuff, necessary for the repairing, maintaining, amen∣ding, or new making (if need shall so require) of all or any of the banks, bays, damms, ponds, sluces, gutters, or other neces∣saries of the said ponds, waters, water-courses, and Iron-works, or any of them, from time to time, and at all times during the said continuance as aforesaid, as need shal require, in such place and places of the ground and soyl of the said F. and E. as shall

be most meet and convenient for the taking thereof neer unto the said ponds, where the same shall be needfull to be used, and least hurtfull unto the said F. and E. their Heirs and As∣signs, or any of them.

And the said H. and M. doe, and either of them doth; by these presents, for them, and either of them, Cove∣nant and grant, to and with the said F. and E. their Heirs and Assigns, and every of them, that the said H. and M. their Executors, &c. shall and will, in and upon the Feast of, &c. which shall be, &c. or within, &c. next ensuing (if they the said H. and M. their Executors, &c. or any of them, shall, or lawfully may, by vertue of these presents, in the year next before the end of the said Feast of, &c. which shall be in, &c. have, take and enjoy the said number of 500 Cords of wood before mentioned, by the assignment and appointment of the said F. and E. their Heirs, &c. or either of them, or otherwise without assignment, upon the Lands and Soyl of the said F. and E. or one of them, within two miles of the said Iron-works, according to the purport and true meaning of these presents) well and tru∣ly content and pay, or cause to be paid unto the said F. F. or his Assigns (if he shall then be living) or to the said E. his Heirs or Assigns (if he the said F. shall be then dead) at, or in the said Iron Forge, the sum of, amp;c. at one whole and entire payment. And furthermore, that the said H. and M. their Executors, &c. shall and will, from and after the Feast of, &c. which shall be, &c. upon the Festival day of the, &c. in every one of the residue of the said years, which shall be then to come, of the said term of, &c. or within, &c. after, in which they the said H. and M. their Executors, &c. or any of them, shall or lawfully may by vertue of these presents, have, take and enjoy the said 500 Cords before mentioned, by the assignment and ap∣pointment of the said F and E. their Heirs, &c. or either of them, or otherwise without assignment, upon the Lands and soyl of the said F. and E. their Heirs, &c. or either of them, within two miles of the said Iron works, according unto the purport and true meaning of these presents, well and truly

content and pay, unto the said F. or his Assigns (if he shall be then living) or to the said E. F. his Heirs, &c. (it he the said F. shall be then dead) at or in the Iron Forge, the sum of, &c. at one whole and entire payment, And if and as often as the said H. and M. or their Executors, &c. shall make default in payment of any of the said several payments, in form aforesaid covenanted to be paid, that then the said H. and M. their Executors, &c. covenant, grant, and agree, to forfeit and pay unto the said F. F. (if he shall be then living) or to the said E. his Heirs, &c. (if the said F. shall be then dead) for every such de∣fault &c. in the name of a pein, and the said F. and E. doe, and either of them doth by these presents, for them, and ei∣ther of them, and for the Heirs &c of them, and either of them, further covenant, promise and grant, to and with the said H. and M. their Executors, &c. and every of them, that they the said F. and E. their Heirs, &c. shall and will, du∣ring the continuance of this present Lease, save, defend, and keep harmlesse, the said H. and M. their Heirs, &c. and every of them, of, from, and against all outrage, spoyl, and hurt, hereafter to be done, or done, by any the people in the Country or others, in willfull burning or de∣struction of any the said Iron or workforge, or Iron Mill, Cole-pits or Cole heaps, houses, or Cabyns, which already are, or at any time hereafter during the said term shall be erected, builded or made, in or upon the said premises, or any part thereof, in cutting, pulling, or breaking up of any of the said Ponds or Pond heaps, which are now, or at any time hereafter shall be made for the use of the said furnace, forge, or Hammmer Mill, during the term aforesaid, and the said F. and E. doe, and the Heirs &c. of them, and either of them, doth covenant and grant, to with the said H. and M. their Executors, &c. that it shall and may be lawfull, to and for the said H. and M. their Executors &c. during the continuance of this present Lease, to take upon the lands of the said F. and E. or either of them, or the Heirs &c. of them, or either of them sufficient competent; and necessary tim∣ber, for the repayring, making, or amending of the said

Furnace, Hammer, Mill, or Iron work, or any other necessa∣ry buildings or edifices which shall be erected or built, in or upon the premises, for the necessary use or uses aforesaid, And it is further covenanted, concluded, and agreed, by and be∣tween the parties to these presents: And the said H. and M. do and either of them doth, by these presents, for them and either of them, their Executors, &c. Covenant and grant, to and with the said F. and E. their Executors, &c. and every of them, that if R. C. and R. L. of &c. shall within &c. next af∣ter the Feast of &c. find cause to judge, or shall think in their Consciences, that the said Iron works shall be worth yearly the sum of &c. and besides the yearly Rent before mentioned with reasonable gains to be allowed to the said H. and M. their Executors, &c. for their travell, and the use of their stock in this behalf, and they the said R. C. and R. L. there∣upon do within the said &c. conclude, agree, and set down in writing under their hands and Seals, that the said H. and M. their Executors, &c. shall pay yearly during the residue of the years then to come, the said sum of &c. or any part thereof, that then they the said H. and M. their Excecutors &c. shall and will, from thenceforth yearly satisfie and pay unto the said F. and E. over above, and besides the yearly rent and payment before reserved, the sum of &c. Or so much thereof as the said R. L. and R. C. shall set down in writing under their Hands and Seals as aforesaid. And it is also covenanted, granted, concluded, and agreed, by and between all and eve∣ry the said parties, and they the said F. and E. and ei∣ther of them, doth, for them, Covenant and grant, to and with the said H. and M. their Executors &c. and every of them, that neither they the said F. and E. nor either of them, nor the Heirs &c. of them, or either of them, shall or will at at any time or times hereafter, during the continu∣ance of this present Lease, sell, grant, convey, or alien away any of the woods fit for the making Cord-wood, standing, growing or being within two miles of the said Iron-works, or any of them, to any person or persons, other then to the said H. and M. their Executors, &c But shall leave the same woods to remain, serve. and be imployed, in, upon, or for the use

of the said Iron works, woods necessary to be imployed in or upon the new Mansion house of the said F. only excepted. And the said F. and E. doe, and either of them doth, for them and either of them, and for the Heirs &c. of them, and either of them, Convenant, promise, and grant, to and with the said H. and M. their and either of their Executors &c. and every of them, that they the said F. and E. are, or one of them is lawfully seised in their demean as of Fee, of all and singular the Lands, Woods, and Wood-grounds called H. C. and of the said streams and parcels of Land and ground where the said Furnace or Forge are situate and being, and also of the said Furnace, Forge, and other buildings thereunto belonging or appertaining, and before by these presents demised. And that they the said F. and E. have, or one of them hath, good right, full power, and lawfull authority, to demise, let, and grant all and singular the premises before mentioned to be de∣mised, letten or granted, in manner and form aforesaid.

[Here follows the usual Covenant of quiet and peaceable en∣joyment of the things demised, as also the Covenant of dischar∣ging or saving harmlesse the same, from all former conveyances, and incumbrances.]

And further, he said F. and E. doe, and either of them doth, by these presents, for them and either of them, and for the Heirs &c. of them, and either of them, covenant and grant, to and with the said H. and M. their Executors, &c. and eve∣ry of them, That if it happen the woods of the said F. and E. or of the Heirs and Assigns of them, which do grow upon the Lands or soyl of them the said F. and E. or the Heirs or Assigns of them, or any of them, within two miles of the said Furnace, Fordge, or Iron works, to be spent, so as there shall not be sufficient lest to supply or satisfie the said number of 500 Cords of wood yearly, according to the purport, effect and true meaning of these presents, Or that the said H. and M. their Executors, &c. or any of them, cannot, or may not, law∣fully have, take, and enjoy the said 500 cords, so as by reason of the want or lack of such Woods, growing, or to be growing upon the lands or soyl of the said F. and E. or either of them, or the Heirs or Assignes of them, or either of them, the said H.

and M. or either of them, or the Executors or Assignes of them, or either of them, shall not have delivered, assig∣ned, and appointed, Or may not lawfully have and take the said full sum of 500 Cords of wood yearly, during the said term, within two miles of the said Furnace, Forge, or Iron-work aforesaid, according unto the purport of these presents, That then the said F. E. or one of them, or the Heirs of As∣signs of them, or one of them, shall provide, get, assign, appoint, and deliver yearly so much wood as shall be wanting, or not growing, of the said sum of 500 Cords, upon the Land, ground or soyl of some other person or persons, within two miles of the said Furnance &c. aforesaid, where they the said H. and M. their Executors &c. shall and may, lawfully have and take, fell, cut, coal, and carry away the same, or else that it shall and may be lawfully, to and for the said H. and M. their Executors &c. to abate, deduct, recoup, and retain in their hands every year of their rents and payments aforesaid, or of either of them, 2 shillings for every Cord of wood, that they by occasion of means aforesaid shall yearly want of the said 500 Cords of wood, which should or ought to be delive∣red or assigned out them as aforesaid. In Witnesse where∣of &c.

Notes

• Rendring so much Rent the first three years, and so much after.
• For default of payment, of the rent, a Nomine poen••e is granted, & distresse for both irreple∣giable.
• Covenant, that the leassor, upon request, shall assign so much wood, to the lessee, as shal make 500 cords of wood.
• Convenant that the Les∣sees shall im∣ploy the wood for the making of Coals, or o∣therwise with∣out interrup∣tion.
• Covenant, that if no assignment be made that the Lessees shall take without assignment.
• Convenant, that the Les∣sees shall cause the wood to be felled & cor∣ded, and that they shall not be carried a∣way, or con∣verted to coals, untill a week after re∣quest made to the Lessors, &c. number the cords, &c.
• Covenant, that there is sufficient Irō Mine, & Iron wear upon the lands of the Lessors, with∣in two miles of the Fur∣nace, Or else that they will find or procure suffi∣cient in the lands of others within two mises, &c.
• Convenant, that the Lessees, &c. may dig, &c. such & so much I∣ron Mine, &c. within 2 miles of the fur∣nace, & to have places there to lay the Mine, & wayes for car∣rying thereof, without any molestation of any person.
• Covenant, that the Lessee &c. shall have free ingresse, egresse, and regresse, and convernient ways, &c. with Carts for car∣rying wood, cole, mine, &c. to be imploy∣ed about the making of I∣ron in the said Furnace.
• Covenant, that the Lessee may make Colliers Lod∣ges, & places to make Coles in any conve∣nient place, &c.
• Covenant to cut Fern and Cover, & to dig earth or dust for cove∣ring of the Colepits or o∣ther use for the making Coles to be spent in the Iron works. Convenant to digg earth, stone, g••••te, clay, o•• any o∣ther stuff, for repairing or new making the banks, bays, &c. in places most convenient, & least hurt∣full.
• Convenant, that the Les∣sees (if they shall lawfully take & enjoy the 503 Cords of wood, &c.) will pay so much to the Lessors.
• The like Co∣venant as be∣fore upó law∣ful enjoyment &c. to pay such a sum, yearly.
• Covenant, that the Les∣see, in default of payment of the said seve∣ral sums, shall feit so much, nomine pane. Covenant to keep the Lessee harm∣less from all outrages, spoils &c. of the said Iron, &c. Colepits &c. houses, &c. and breaking up of the Ponds &c.
• Convenant, that the Les∣sees shall take timber for re∣pairing, or making of the furnace &c. or other buil∣dings built for the use a∣foresaid.
• Covenant, that if such persons shall judge the I∣ron works worth so much yearly, besides the Rent afore∣said, reasona∣ble gains al∣lowed, and shall set down in writing, that the Les∣sees shall pay so much, that then they will pay the said sum besides the Rent.
• Covenant, that the Les∣sors during &c. will not alien the woods to any person, but Lessees, but to leave them for the Iron works; Woods necessary to be im∣ployed about the Mansion house of one of the Lessors, excepted.
• The usual Covenant that the Les∣sors are seised in fee, and have full pow∣er to demise the premises.
• Covenant, that if there shall not be sufficient wood upon the lands of the Lessors, &c. to supply the 500 Cords yearly, that then the Les∣sors shall as∣sign so much as is wanting in the hands of others: Or else that the Lessees shall retain, of their Rents and payment, two