The compleat clark, and scriveners guide. Containing exact draughts and presidents of all manner of assurances and instruments now in use: as they were penned and perfected by divers learned judges, eminent lawyers, and great conveyancers, both ancient and modern. Whereunto is also added a concordance of years, from the time of King Richard the third untill this present; very usefull for conveyancers and others. With an exact alphabeticall table, whereby any of the said presidents may be easily found out.

About this Item

Title
The compleat clark, and scriveners guide. Containing exact draughts and presidents of all manner of assurances and instruments now in use: as they were penned and perfected by divers learned judges, eminent lawyers, and great conveyancers, both ancient and modern. Whereunto is also added a concordance of years, from the time of King Richard the third untill this present; very usefull for conveyancers and others. With an exact alphabeticall table, whereby any of the said presidents may be easily found out.
Publication
London :: Printed by T.R. for H. Twyford, and are to be sold at his shop in Vine-Court Middle Temple, N. Brookes at the Angell in Cornhill, J. Place at Furnivals Inne Gate in Holborne, and R. Wingate, at the Golden Hind in Chancery-Lane,
1655.
Rights/Permissions

To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.

Subject terms
Conveyancing -- England -- Early works to 1800.
Forms (Law) -- England -- Early works to 1800.
Cite this Item
"The compleat clark, and scriveners guide. Containing exact draughts and presidents of all manner of assurances and instruments now in use: as they were penned and perfected by divers learned judges, eminent lawyers, and great conveyancers, both ancient and modern. Whereunto is also added a concordance of years, from the time of King Richard the third untill this present; very usefull for conveyancers and others. With an exact alphabeticall table, whereby any of the said presidents may be easily found out." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A80285.0001.001. University of Michigan Library Digital Collections. Accessed May 22, 2024.

Pages

An Annuity granted out of a Lease with good Covenants.

TO all &c. M. H. of H. in the County of M. Widow, late Wife and Executrix of the last Will and Testament of R. H. Esquire,

Page 18

deceased, sendeth greeting in our Lord God everlasting; Whereas I. A. Clerk, Parson of H. in the County of M. by his Indenture of Lease, bearing date the fourth of February Anno Regni Reginae Eliz. xiij. hath demised, granted, and to Farm-letten unto W. A. of D. in the said County, Esquire, all that the Rectory, or Parsonage of H. with all manner of Houses, Edifices, Barns, Stables, Orchards, Gardens, Glebe Lands, Tithes, Pentions, Portions, Fruits, Offerings, Oblations, Ob∣ventions, and all other Rights, Profits, Commodities, Emoluments, and Advantages whatsoever, to the said Rectory, or Parsonage, be∣longing, or in any wise appertaining, set, lying, being, coming, grow∣ing, or renewing, within the Parish or Feilds of H. aforesaid, or else∣where, within the County of M. except, and alwaies reserved unto the said I. A. and his Successors, during the tearm, in the said Indenture specified, one Chamber next unto the Buttery of the same house, with free ingress, egress, and regress, into, and from the said Chamber, at his and their will and pleasure. To have and to hold the said Recto∣ry, and Parsonage of H. Houses, Edifices, Buildings, Glebe Lands, Tithes, Oblations, Offerings, Profits, Commodities, Emoluments, and Hereditaments, and all and singular other the Premisses with their Ap∣purtenances, except before excepted, unto the said W. A his Executors, and Assigns, from the Feast of the Annunciation &c. then next &c. unto the end and tearm of lxxxx. years, from thence &c. and fully &c. As by the same Indenture of Lease, containing &c. And where also the Reverend Father in God O. B. of L. and Ordinary of the said Church of H. aforesaid, the said I. A. continuing still Parson of H. a∣foresaid, by his Deed dated the twenty sixth of November 1614. and to the said Deed indented, annexed, hath ratified and confirmed the said Deed indented, and all and singular in the same granted, demised, and leased, in manner and form, as in the said Deed of Lease is ex∣pressed and contained, as by the said Deed of confirmation plainly doth and may appear: And where also the said W. A. by his Deed da∣ted, An 17. R. Eliz. &c. hath given, granted &c. to I. C. &c. all his Right &c. then to come, of, and in the said Rectory &c. To have &c. as by the said Deed made to the said I. C. also doth appear: And where also the said W. A. by the name of W. A. true and undoubted Portion of the Parish Church of H. aforesaid, by his Deed, dated the second of December 17. R. Eliz. for himself, his Heirs and Assigns, hath ratified and confirmed the said Deed indented of Lease, and all and every thing therin contained, as by the said last mentioned Deed of confirmation &c. And where also the said I. C. by his Deed dated the second of Decem: An. 17. R. Eliz. hath given and granted unto the said W. A. the former recited Deeds, and all his Right &c. to have &c. as by &c. And where also the said W. A. bargained and sold his Interest &c. to W. R. Esquire: And where also by Indenture dated &c. the

Page 19

said R. assigned his Interest in the Premisses &c. to the said R. H. And where T. R. and A. R. have given, granted, bargained, and sold to the said R. H. his Heirs and Assigns for ever, all that the Parsonage and Advowson, Nomination and Gift of the Benefice of Parsonage and Re∣ctory of H. aforesaid with the Appurtenances, and the Inheritance of the same, and all their, and either of their Right, Estate, Title, Interest, and Demand to, and in the same; Together with all manner of Deeds, Escripts, Writings, and Mynements of the said T. and A. or either of them only touching or concerning the said Parsonage, or Rectory, or any other the Premisses, to have and to hold the said Parsonage, Ad∣vowson, Nomination, and Gift of the Benefice of the said Parsonage and Rectory of H aforesaid wih the Appurtenances, and the Inheri∣tance of the same, and all their, and every of their Rights &c. together with the said Deeds &c. to the said R. H. his Heirs and Assigns for e∣ver, to his, and their proper use, as by the said Indenture &c. And where, moreover the said W A. by his Indenture dated &c. hath remi∣sed released and for ever, for him and his Heirs, quite claimed to the said R. H. then being in full and peaceable Possession of the Premisses, all the Right, Estate, Title, Interest, Condition, and demands whatsoe∣ver that he the said W. A. then had, or thereafter might have, he the said W. nor Heirs &c. as by the said last mentioned Indenture &c. Which said Lease, Interest, and Tearm of years in, and to the said Re∣ctory and Parsonage, and other the Premisses with the Appurtenan∣ces, demised or mentioned to be demised by the said first recited Deed indented of Lease, and also the same first recited Deed of Lease, and all Covenants therof, I the said M. H. now have and enjoy, amongst o∣ther things, of the Gift, Legacy, and bequest of the said R. H. my late Husband, as by his last will and Testament made and declared in wri∣ting dated &c. Know yee that I the said M. H. for the good will and affection which I have and bear unto my well-beloved Brother M M. of the University of O. Gentleman, and towards the furtherance and better maintenance of his exhibition at the Studies of the Common Laws, or any other faculty or exercise, that he shall, or will follow, or apply himself unto, and for divers other &c. have given, granted, and confirmed, and by these presents do fully &c. unto the said M. W. his Executors, Administrators, and Assigns, one Annuity, or yearly rent of &c. of lawfull &c. by the year, to be yearly going, issuing, and paid out of the said Rectory of H. with the Appurtenances, and out of all and every other the Premisses with the Appurtenances, also out of singular, other Lands, Tenements, and Hereditaments whatsoever, in or by the said severall recited Indentures, Deeds, and Conveyan∣ces and every, or any of them demised, granted, or conveyed, or men∣tioned to be demised; granted, or conveyed, with all and every their Appurtenances; To have, hold, perceive, receive, levy, take, and en∣joy

Page 20

the said Annuity, or yearly rent of &c. to the said M. W. his Exe∣cutors, Administrators, and Assigns, from the Feast &c: unto the end &c. at the daies of the Feasts of &c. or within ten daies next after every of the same Feast-daies, by even portions yearly to be paid at the Man∣sion house of the said Rectory of H. or at the place where the same house now standeth, the first payment wherof to be made at &c. And I the said M. H. do covenant &c. that I the said M. mine Executors, Administrators, or Assigns, shall, and will well, and truly yeild, and pay, or cause &c. the said Annuity, or annuall rent, and every part and par∣cell therof to the said M. W. his Executors, Administrators, and As∣signs, yearly during the said term &c. on the said Feast-daies of the birth of our Lord God &c. or within &c. by equal portions, at the said Mansi∣on house of the said Rectory.

And further I the said M. do covenant &c. that I the said M. mine Executors, Administrators, or Assigns, shall, and will forfeit and pay unto the said M. his Executors, Administrators, and Assigns, for every default of payment of the said Annuity, or any part or parcell therof to be made, contrary to the form aforesaid, the sum &c. of lawfull &c. in the name of pain, from time to time, during the said tearm &c. And that when, and as often as that shall fortune the said Annuity, or year∣ly rent, or any part or parcell therof to be behind and unpaid, con∣trary to the form aforesaid, That then, and so often it shall and may be lawfull to, and for the said M. W. his Executors, Administrators, and Assigns, and every of them, into the laid Rectory, and all and every other the Premisses with their Appurtenances, and into every part &c: to enter and distrain, as well for the said Annuity, and every part therof, and all, and every the penalty and penalties aforesaid, and as the arrearages of the same, or either of them, and the Distress and the Di∣stresses there to be found and taken, lawfully to lead, bear, drive, and carry away, and the same to detain and keep, untill he the said M. his Executors, Administrators, and Assigns, shall be fully paid and satisfi∣ed, of, and for the said Annuity and penalty aforesaid, and every part and parcell of them and every of them, and all arrearages of the same, or any of them, together with his, or their costs and damages in that be∣half to be sustained.

And also I the said M. do covenant &c. in form &c. viz. That I the said M. at the ensealing and delivery of these presents, am the very true, perfect, and lawfull Owner of the first recited Indenture of Lease, and of all and singular the Premisses therby demised, or mentioned to be demised, for all the whole tearm and residue of the said tearm of &c. in the said Indenture of Lease mentioned, and yet to come, and not expired: And have full power, good right, lawfull authority to give and grant the said Annuity, or yearly rent &c. to the said M. his Executors, and Assigns, for, and during the said tearm &c. in man∣ner

Page 21

and form aforesaid. And that the Premisses, and every part and parcell; and also the said first recited Indenture of Lease, and every thing contained therin, now are, and from henceforth shall, and may from time to time, and at all times hereafter, during the said tearm &c. remain and continue, free and clearly discharged, exonerated, or otherwise by me the said M. mine Executors, Administrators and Assigns, suffer, defend, and save harmless, of, and from all, and all manner of Grants, Bargains, Sales, Alienations, Surrenders, Forfei∣tures, Rentries, cause, and causes of Forfeiture or Rentry, and of, and from all other Charges and Incumbrances whatsoever, had, made, or done, or that shall, or may in any wise be hurtfull or prejudiciall to the said M. his Executors &c. for, or concerning the said Annuity, or yearly rent, or any part, or parcell therof, or for, or touching the said liberty or power of distraining in the Premisses, or any part therof, for any manner of Arrerage or Arrerages, of the said Annuity, or any part therof, or for any manner of sum, or sums of money to be forfeited Nomine poene, as aforesaid.

And also that I the said M. mine Executors, Administrators, or As∣signs, shall, and will from time to time, and at all times hereafter, du∣ring the said tearm &c. upon reasonable warning and request, shewing the said Originall Lease, Deeds of confirmation and mean Conveyan∣ces above recited or mentioned, in force, safe, and uncancelled without fraud &c. in any Court, or Courts at Westminster, or elsewhere, when, and as often as need shall require, for the necessary maintainance and defence of this present Grant, of the said Annuity, or any other matter or thing in these presents contained or mentioned.

And further know yee that I the said M. have delivered to the said M. at the ensealing and delivery hereof, one currant Groat of Silver, for, and in the name of the first payment of the Annuity abovesaid. In witness &c.

Notes

Do you have questions about this content? Need to report a problem? Please contact us.