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.

MORTGAGES.

A Mortgage of one peece of Land to make assurance of another peece of Land by a day, and a Covenant that if the Land mortgaged be redeemed, and after sold, the Vendee shall have the preferment to buy it before another.

THis Indenture &c. between E. P. of E: in the County of L. Gent. and H. P. Son and Heir apparant of the said E. P. on the one party, and R. L. of T. in the County &c. Gent. on the o∣ther party, witnesseth, That the said E. and H. for and in conside∣ration of the summ of 2400 l. of &c. wherof &c. Have bargained and sold given and granted, and by these presents do bargain &c. to the said R. and to his Heirs and Assigns for ever, all that the Mannor of S. with the appurtenances in M. in the County of L. or elsewhere within the same County of L. and all other Messuages Tofts Mills Lands Tenements Meadows Pastures Feedings Woods Under-woods Rents Reversions Services Courts-Leets view of Frankpledge Waifes Straies Heriots Relief Escheats Profits of Courts and Leets, & all other common Advantages and Hereditaments whatsoever, with their ap∣purtenances to the said Mannor belonging or in any wise appertain∣ing, or which at any time heretofore have been reputed accepted ta∣ken, demised occupyed or esteemed, as part parcell or member of the said Mannor: And all that Close or Pasture called &c. And also all o∣ther the Lands Tenements and Hereditaments Rents Reversions and Services within the Parish of M. aforesaid, which late were the Inhe∣ritance and Possession of one E. H. Esquire: And all other the Lands Tenements and Hereditaments, which the said E. P. and H. P. or ei∣ther of them, now ha••h, or at any time had in S. aforesaid, in the said County of L. together with all and singular the Evidences &c. as ma∣ny of which said Evidences as be in the hands or custody &c. and also true Copies of all other Evidences touching the above bargained Pre∣misses, or any part therof joyntly with other Lands and Tenements; the said E. and H. for them, their Heirs and Executors, do covenant to deliver or cause &c. to the said R. his &c. on this side the Feast of

Easter next coming: To have and to hold all the said Mannor of S. with the appurtenances, and the said Close of Pasture called &c. and all and singular other the Premisses, with their appurtenances, to the said R. his Heirs and Assigns for ever, to the only use &c.

And the said E. and H. and either of them, for themselves, their Heirs Executors Administrators and Assigns, and every of them do co∣venant and grant, to and with the said R. L. his &c. in manner &c. That is to say, That they the said E. and H. so far as is not let by such for∣mer conveyance, as the said E. hath heretofore made to the said R. now are, or one of them now is lawfully seised of the said Mannor Lands Tenements &c. above by these presents bargained and sold, of a good perfect absolute and pure Estate in Fee-simple, without any con∣dition or limitation of use or uses: And of such Estate have, or one of them hath good and lawfull right and authority to bargain sell and assure all and singular the Premisses above bargained and sold to the said R. his Heirs and Assigns, for the only use of the said R. and of his Heirs and Assigns for ever.

And that the same Premisses now are, and for ever hereafter shall stand and continue to the said R. his Heirs and Assigns, cleerly dischar∣ged, or otherwise from time to time, and at all times saved harmless by the said E. and H. their Heirs Executors and Assigns, of and from all and singular former Bargains &c. except such Leases for term or terms of years &c. upon which Leases the accustomed Rents or Services, or more been reserved, and shall be yearly payable to the said R. &c. du∣ring the same Leases: And except also such Bargains and Incumbran∣ces▪ as the said E. hath heretofore made of the premisses, or of any part therof, to the said R. and except moreover the Rents Customes and Services hereafter to grow due to be paid and done to the chief Lord or Lords of the fee or fees of the premises in respect of their Seig∣niories only.

And also the said E. and H. do covenant &c. that the said Mannor and other the above bargained premisses, now are, and from henceforth shall or lawfully may be and continue to the said R. his Heirs and As∣signs, of the cleer yearly value of 100 l. of &c. above all tharges and reprises. And that he the said R. his Heirs and Assigns, shall or lawful∣ly may have hold occupy possess and enjoy, all and singular the above bargained premisses, according to the true intent and meaning of these presents. And lawfully have take perceive and receive, all the Rents Issues and Profits therof, from time to time, to their own use for ever, without any lawfull challenge eviction recovery or expulsion, by any person or persons. And that the said E. H. and K. now wife of the said E. and all having any Estate of Free-hold or Inheritance, of or in the said Mannor and other the Premisses above bargained and sold, at the reasonable request, and at the costs and charges in the Law of the

said R. his Heirs Executors or Assigns, shall and will do make know∣ledge suffer and execute, and cause &c. all and every such act and acts, thing and things in the Law, for the further assurance & sure making of all and singular &c. to be had and made sure to the said R. his Heirs and Assigns, for their own use for ever; as by the the same R. his Heirs or Assigns, or his or their Councel learned in the Laws of this Realm, from time to time, & at all times during 7. years, next after the date of these presents, shall be lawfully and reasonably devised or ad∣vised and required: be it by Fine Feoffment, Deed or Deeds, enrolled Enrolements of these presents, release with warranty against all men, Recovery or Recoveries, with Voucher or Vouchers, or otherwise in any other lawfull and reasonable manner whatsoever, according to the true intent and meaning of these presents.

Provided alwaies, and the said R. L. for himself, his Heirs and As∣signs, and for every of them, doth covenant grant and agree, to and with the said E. and H. their Heirs and Assigns, and the Heirs and As∣signs of every of them by these presents, That if the said E. H. or ei∣ther of them now be, or if on this side the 24. day of March, which shall be &c. the said E. and H. or either of them, shall be and stand lawfully and absolutely seised in their Demesne as of Fee, of a good per∣fect lawfull and rightfull Estate in the Law, by good and just Title, to the proper and only use and behoof of the said E. and H. their Heirs or Assigns, or of one of them, their Heirs & Assigns, absolutely without a∣ny condition of Redemption or Mortgage, as well of and in one Close of Meadow ground called &c. containing by estimation &c. late in the occupation &c. in the Parish of M. aforesaid, butting &c: And also of and in that Close &c. And if then the said Close of Meadow, containing &c. and the said Close &c. and every part and parcel ther∣of be, and stand and from thenceforth for ever shall be and stand cleer∣ly acquitted and discharged, or else at all times, from time to time for ever saved harmlesse by the said E. and H. their Heirs Executors and Assigns, of and from all and singular other former Bargains &c. and of and from all and all manner of other former Estates Titles Charges and Incumbrances whatsoever (the Rents Customs and Services ther∣after to be due to the chief Lords of the Fee or Fees therof, in re∣spect of their Seigniories, only except: And then if the same E. and H. and their Heirs and Assigns, or either of them, his Heirs or Assigns, so being seised of the said Close of Meadow &c. and of the said Close &c. do at any time on this side the said 24. day of March &c. at the costs and charges in the Law of the said E. and H. or of one of them, or of the Heirs or Assigns of one of them, well and sufficiently, by good lawfull sure and perfect assurance in the Law, convey and assure in possession the said Close &c. and the said Close &c. unto the said R. his Heirs and Assigns in Fee simple, to and for the proper and only use

and behoof of the said R. his Heirs and Assigns for ever: That then immediatly from and after the said conueyance and assurance made by the said E. and H. or either of them or the Heirs or Assigns of either of them, to the said R his Heirs and Assigns in form aforesaid, of the said Close &c. so discharged and saved harmlesse as is aforesaid; The Bar∣gain and Sale of all and singular the Premisses above made by these pre∣sent Indentures, and every thing therin comprised touching the Pre∣misses, so above in and by these presents bargained and sold, and all and every other Conveyances Bonds and Assurances therupon made, shall be utterly void and frustrate. And also that then and from thence∣forth, the said R. his Heirs and Assigns, and every of them shall stand and be seised of the said Mannor of S: with the appurtenances, and of all and singular the Premisses above by these presents bargained and sold, to the only and proper use and behoof of the said E. P. his Heirs and Assigns for ever.

And wheras heretofore by one pair of Indentures, dated &c. made between the said R. on the one party, and the said E. on the other par∣ty; There are divers Covenants Grants and Agreements made between them touching the Premisses The said E. P. and H. P. for their part, and the said R. L. for his part, and every of the same parties for himself, his Heirs Executors Administrators and Assigns, do covenant grant and a∣gree, to and with the other of them by these presents, that the said Covenants Grants and Agreements, contained in the said former In∣dentures, on either party to be done or performed towards the other, except that which concerns the payment of 2500 l. by the said E. his Heirs Executors or Assigns, to the said R. his &c. to be paid: And ex∣cept all Uses, and all Covenants and Agreements there made for any use or uses to be raised in any Lands or Tenements, by reason of pay∣ment of the said 2500 l. shal be and stand in their ful force and strength, truly to be kept and performed, as if these presents or any other assu∣rance to be made, by virtue therof had not, or should not have been had or made, any thing in these presents contained, to the contrary notwithstanding.

And the said E. P. covenanteth with the said R. his &c. That if here∣after the Inheritance of the Premisses by these presents above bargain∣ed, at any time during the lives of the said E. and R. shall return to the said E. and H. or to either of them, that then, and at any time whilst the said E. and R. shall be living, the said E and H. or either of them, shall not bargain sell, or otherwise put away the said Premisses above by these presents bargained, or any part therof, or the Mannor of E. with the appurtenances, or any part therof of any estate of Inheritance, or make, or grant any Rent-charge ou•• of the same, or any part therof, above the yearly value of ten pounds, to any person or persons, unlesse the said E. and H. do first tender therof to the said R. and then will

grant and assure the same to the said R. and his Heirs for ever, as good cheap, and at as low price as they will sell or grant the same, at any time, to any other person or persons uprightly and simply, without a∣ny fraud or covin, so as the said R. may then have the same for such price as aforesaid, if he will then so take and accept it: In witness &c.

A very good Mortgage of a Grand Lease, and of the rent of an under Lease ther-out made, with Covenats to transferr the be∣nefit of a Bond and Covenants, and a Covenant that the Mort∣gagor shall deliver the possession of the Premisses Mortgaged, if he fail in payment.

THis Indenture &c. between E: N. of L: Clothworker, on the one party, and R. B. of L. Merchant on the other party, witnesseth, That wheras A: M: of L. Esquire, Son and Heir of Sir R. M. Knight, late Citizen and Alderman of L. deceased, by his Indenture of Lease, dated &c. did demise grant and to farm-let unto the said E: N: all that Mes∣suage or Tenement called &c. and all Ware-houses Shops &c. scituate &c. except &c. To have and to hold &c. yeilding and paying &c. as by the said former Indenture &c.

And where the said E. N. sithence by his Indenture bearing date &c. Hath demised and letten to farm to J. W. &c. one little Shop par∣cel of the said Messuage &c. To have and to hold the said litle Shop to the said J. W. from the Feast &c. untill the end and term of &c. yeild∣ing &c. to the said E. N. &c. 6 l. &c. as by the said last recited Inden∣ture of Lease mo••e plainly &c.

Now the said E. for and in consideration of the summ of 226 l. 13 s. 4 d. of &c. wherof &c. and therof and therfore &c. hath given granted &c. to the said R. all the said Messuage or Tenement, with the appurtenances, and all and singular other the Premisses, with their ap∣purtenances, demised to the said E: N: as abovesaid, and the Reversion and Reversions therof, and all the said yearly Rent reserved upon the said Lease, made to the said J: W: as above said: And also the said origi∣nal Indenture of Lease made to the said E: W: and the counterpart of the said Lease which the said E. made to the said I. W. and one Obliga∣tion of 300 l. wherin the said A. M. standeth bound to the said E. for the performance of the Covenants of the said Original Lease, on the part of the said A. his Heirs and Assigns to be performed, and all the Estate &c. To have and to hold the said Messuage and other the Pre∣misses, with the appurtenances, by these presents bargained and gran∣ted:

And all the Estate &c. of the said E. of in and to the same to the said R. B. his Executors Administrators and Assigns, for by and during all the residue of the said term of thirty years now to come and un∣expired.

And the said E: N. covenanteth &c. in form &c. That he the said E: now is the true and sole Owner and Proprietor of the said Original Indenture of Lease, and of all the Premisses therby demised, for all the residue of the said term of 30 years yet to come, except only such in∣terest as the said I: W: hath in the said little Shop, by virtue of the said Lease to him therof made as aforesaid; And that he the said E. now hath lawfull right and authority, to give grant bargain and sell the said Premisses above bargained, and every part therof to the said R: B: and his Assigns, according to the tenor and purport of these presents, and that the said messuage or tenement, & al other the above bargained Premisses, with their appurtenances now are, and during all the residue of the said term of 30. years now to come, shall be stand abide and continue cleer and free discharged and acquitted, or otherwise by the said E. his Executors or Administrators, sufficiently saved harmlesse, of and from all and singular former bargains &c. had made done know∣ledged procured or suffered by the said E: or his Assigns, or by his or their means knowledge consent or procurement, the yearly Covenants and Agreements expressed in the said Original Indenture of Lease, hereafter for the part of the said E. and his Assigns, to be paid and per∣formed. And the said Lease made to the said J: W: wherupon the yearly Rent of 6 l. aforesaid is reserved, and from henceforth during the same Lease, shall or may be yearly payable to the said R. and his Assigns, only except.

And further that by the said Original Indenture, there is a good perfect sure and lawfull Lease of all and singular the said Messuage and other the Premisses therwith demised as aforesaid (except only therin excepted) wh••ch shall have or lawfully may have endurance and con∣tinuance in the said R. and his Assigns, by and during all the residue of the said term of &c. now to come: And that as occasion shall be given from time to time, the said R his Executors Administrators and Assigns, at their own costs and charges, in the name and names of the said E. his Executors and Administrators, shall and may have and prosecute, all and singular such Actions Suits Recoveries Advantages and Execu∣tions against the said A: M: his Heirs Executors Administrators, and every of them, of and upon the Covenants and Agreements contained in the said Original Indenture, and the Obligations aforesaid, and upon every or any of them, as by course of the Laws of this Realm may be had: And all Advantages and Profits therof, shall and may have de∣tain keep and enjoy to the only use of the said R. his Executors and Assigns, without any account making therof, or of any part therof,

and without any let deniall hinderance or impeachment of the said E. his Executors or Administrators; And that he the said E. N. his Exe∣cutors and Administrators upon every reasonable request, and at the costs and charges of the said R. B. his Executors or Assigns, shall and will vouch maintain and justifie, all and singular the said Actions Suits Recoveries and Executions, and shall not willingly do or knowledge, or cause to to be done or knowledged, any thing in prejudice or hin∣derance of the said R. B. his Executors or Administrators, in or touch∣ing the said Suits Actions Recoveries and Executions, or in or touch∣ing any of them.

Provided alwaies, that if the said E. N. his &c. do pay &c. to the said &c. at the now Mansion House &c. the summ &c. in manner and form following; That is to say, 17 l. 15 s. 4 d. therof, on the 22. of Aug: &c. and 108 l. 18 s. residue and in full payment of the said summ of &c. on the 22 of Aug: which shall be &c. that then and from thenceforth, these present Indentures, and the Gift Grant Bargain and Sale aforesaid, of all and singular the Premisses, shall be cleerly and ut∣terly void and frustrate, as though the same had never been had or made.

And the said R: B: covenanteth &c: in form &c. viz. That when as the said E. N: his Executors Administrators or Assigns, shall have paid or cause to be paid the said summ of 226 l. 13 s. 4 d. and every part therof to the said R: his &c. in form aforesaid, or otherwise be∣fore hand, that then and at all times after, upon reasonable request, the said R. his Executors or Administrators or shall re-deliver, or cause &c. to the said E. N. his &c. the said O••iginall Indenture of Lease, and the said Obligarion and the counterpart of the said Lease made to the said J. whole safe and uncancelled; And then shall agree and con∣sent that that part of these presents under the Seal of the said E. N: together with the other part therof, under the Seal of the said R. shall be cancelled without any delay, fraud or covin: And also that the said R. B. his Executors Administrators and Assigns, shall and will permit and suffer the said E. his Executors and Administrators, quietly to have hold and occupy the premisses, and to take have and enjoy the said yearly rent reserved upon the said Lease made to the said J. W. from henceforth, untill the said 22. of Aug: &c. without any set trouble or eviction of the said R. his Executors Administrators or Assigns, so as the said E. his Executors or Assigns, do in the mean time, as well satisfie and pay the Rent and keep the Covenants of the said Original Indenture of Lease, which by virtue therof shall be due to be paid and done, as also do in form aforesaid, satisfie and pay to the said R. his certain Attorney Executors or Administrators, so much of the said summ of 226 l. 13 s. 4 d. as by the true meaning of these presents shall in the mean time be due and payable.

And the said E. N. covenanteth &c. That if the said E. N: his Exe∣cutors Administrators or Assigns, shall make default, and shall not pay the said summ of &c: and every part therof to the said R: his Execu∣tors &c. in manner and form aforesaid, that then from time to time & at all times, after such default made, the said E. his Executors Admi∣nistrators or Assigns, upon reasonable request, shall and will undelay∣edly yeild up and deliver all the said Messuage &c. except only the said little Shop demised to the said J: as aforesaid, into the hands and possession of the said R. his Executors and Assigns, cleer and free ac∣quitted of all arrerages of the said yearly Rent reserved by the said Original Lease, and of all Forfeitures Re-entries Cause and Causes of Forfeiture and Re-entry, and all other Damages hurts and Incumbran∣ces, had or made, or in the mean time to be had made done or suffer∣ed in any wise: In witness &c.

A Mortgage of a grand Lease, with the Rent reserved upon an Ʋnder-lease thereout made also an Assignment of the Covenants and Bond made by the Ʋnder-lessee.

THis Indenture &c. Between I. H. &c. on the one part, and T. W. &c. on the other part witnesseth, That the said I. H. for and in consideration of 60 l. wherof &c. Hath given, granted, bargained, sold, assigned, and set over, and by these Presents &c. to the said T. all the estate, right, title, reversion, interest, charge, term and terms of of years and demand whatsoever, which he the said I: hath or ought to have, or may lawfully claim to have, of, in, or to the Scite of the late Monastery of &c. and of and in one Messuage &c. All which Premis∣ses A: B: by Indenture, dated &c. Demised to the said I: from &c. for and during the term of of 21. years then next ensuing, and fully to be compleat, and for the yearly Rent of 19 l. of &c. payable, as by the said Lease &c. And also the said I: H: for the consideration a∣foresaid, doth by these Presents, give, grant, bargain, &c. unto the said T: W: the said Indenture of Lease, and all the now Residue of the term of years therin specified, and also the yearly rent of thirty pounds reserved or agreed to be paid to the said I: his Executors and Assigns, in, by, or upon one Demise by him the said I. H. made and granted of divers parcels of the Premisses to A: B: &c. by Indenture dated &c. And also that part of the same last mentioned Indenture of Lease made to the said A: which is under the Hand and Seal of the said A: toge∣ther with all other Conveyances, Deeds, Mynuments, Escripts, and Writings, which he the said I: hath, or ought to have for or touching

or by reason or means of the Premisses, or any of them. To have and to hold all the said estate, interest, reversion, term and terms of years and all and singular other the Premisses, with their appurtenances to the said T: W: his Executors Administrators and Assigns, immediatly from henceforth unto the end and term of the said 21. years mentio∣ned in the said Indenture of Lease made by the said A: to the said I: as aforesaid.

And the said I: for him &c. Covenanteth &c. in form &c. That he the said I: at the time of the ensealing and delivery of these Presents is true and lawful Owner of the said Original Indenture of Lease, and that he the said I: now also is true, full, absolute, and perfect Owner and lawfully possessed, as well the said yearly rent of 30 l. for the term of 15. years next ensuing from &c. as also of the Reversion of all and singular the Premisses demised to the said A. B. as aforesaid, with their appurtenances for all the term of 15. years specified in the said Inden∣ture of Demise made to the said A: B: to the only use of the said I: and his Assigns, without any manner of Condition whatsoever. And that the said yearly rent of 30 l. and all other the Premisses above limited or mentioned by these Presents, to be bargained &c. to the said T. now are and from henceforth shall continue, remain, and be to the said T. W. his Heirs Executors Administrators and Assigns, for and during all the said 15. years specified in the said Indenture of Lease made to the said A. B: free and cleerly discharged &c. of and from all singular former bargains, &c Releases and Incumbrances whatsoever had made or done by the said I. or in his default, or by his means, know∣ledge, consent, or agreement. And that the said yearly rent of 30 l. from henceforth untill the end of the said 15. years next ensuing from the first of Septemb. last past before the date hereof, shall or may law∣fully be due and payable to the said T. his Executors and Assigns, ac∣cording to the tenor and purport of the said Indenture of Lease made to the said A: B: as abovesaid, and according to the true meaning of these Presents.

And wheras the said P. S. and G. S. of &c. C: F: and R: F: of &c. by their Obligation, dated &c. do stand bound to the said I. in the summ of 200 l of &c. with a Condition therupon endorsed touching the payment of the said yearly rent of 19 l. reserved upon the said O∣riginal Indenture of Lease to &c. and for, and touching such other matters, as in the same Condition are expressed. And where also the said P. S. P. A. I. S. and G. S. by their Obligation, dated &c. do stand bound to the said I. H. in the summ of 100 l. of &c. with a Con∣dition there under-written touching the performance of the Cove∣nants, Clauses and Agreements which are to be performed, on the be∣half of the said P. his Executors or Assigns specified and comprised in the said Indenture of Demise made to the said P. as abovesaid, the said

I. H. for him, his Execut. and Admi. doth by these Presents give transport and set over unto the said T. his Executors and Assigns, the said several obligations, & the said several sums of mony in them severally specified; & all actions, rights and demands to and in the same, and every of them, to have, take, recover, and enioy the same, to the use of the said T: W. his Executors and Assigns, without yeelding any account of or for the same, or any part therof in as large and ample manner and form, as the said I. ought, or he his Executors or Administrators, may recover or obtain, or might have recovered or obtained the same if this present In∣denture been had never had nor made to, in for and about the recover∣ing obtaining, getting and discharging of which said several summs of money contained or specified in the said several Obligations, and the prosecuting and suing out of all Actions, Suits, Judgements and Exe∣cutions in that behalf, and the doing and executing of all things to or for those effects. The said I. H. for him &c. by these Presents doth clearly, fully, and absolutly, give, grant, and transferr unto the said T. W. his Executors and Administrators, full and irrecoverable power and authority in as ample, and in such manner as shall be requisite in the Law.

And further the said I. for him &c. Covenanteth &c. That he the said I. heretofore hath not acquited, discharged, or made void. And that he the said I. his Executors or Administrators, or any of them shal not ac∣quit &c. the said Obligations or summs of money, or any of them, or any part or parcel of them, or of any of them, or of the Covenants, Grants Articles or Argeements mentioned in the said Indenture of Lease made to the said P. S. as aforesaid, or any of them without the speciall consent and request in Writing of the said T. his Executors or Administrators first therefore had and made. And that the said I. his Executors or Administrators at any time without like request and con∣sent as aforesaid shal not receive, take, or otherwise discharge or acquit the said several sums of money contained the said several Obligations, or any part or parcel of them, or of either of them; and also that the said T. his Executors and Administrators without let or interruption of the said I. his Executors ar Administrators, or any of them, or of any other by the means of any of them, shall and may recover and obtain the said several summs of money specified in the said several Obligati∣ons, and every part &c. and take, retain and enjoy the same, and every part of them, from and after the recovery and obtaining therof, to the use of the said T. &c. without any account of or for the same, or any part therof to be yeelded or demanded, to or by the said I. his Execu∣tors or Administrators, or any of them, & that the said T. his Executors and Assigns, shall and may in the name and names of the said I. his Ex∣ecutors and Administrators, or of any of them, release, acquit and dis∣charge the said several Obligations, and all Articles and Covenants to

the said J. made touching or concerning the premisses or any of them, And also that he the said J: his Executors and Administrators, from time to time and at all times hereafter, at the request and Charges of the said T: his Executors or Assigns, shall and will ratifie avow ju∣stifie maintain and allow all and singular such lawfull Actions Suits Judgments Executions acts and attempts, as in his or their Name or Names, shall be commenced had taken or attempted for or about the Recovery or obtaining of all and singular the said summs of money or of them or any part or parcell of them, or any of them.

Provided alwaies, and it is agreed, &c, That it shall be lawfull for the said J. &c. without any let of the said T: &c. To take and receive of the said P. S. his &c. to the use of the said J. his &c. on the first of September, next &c. or at any time before or after all that Rent of 30 l. of &c. which for the premisses demised to the said P. as aforesaid shall be due for one whole year on the same first day of September next coming.

And that provided &c: That if the Vendor pay the Vendee 60 l. of &c. the 19th. of January next &c. That then this Indenture of bar∣gain and sale shall be void, and the said T. shall re-deliver the writings safe, &c. In Witnesse &c.

A Mortgage of a Reversion of Land in London, passed by way of Recovery, the same Reversion being in the Mortgagor, and the heirs of his body, and the recovery being brought also against the Tenant for life, (a woman and her husband.)

THis Indenture tripartite, &c. Between A. C. Citizen and Salter of L: and K. his wife, late wife of R C: late Citizen and Draper of L: deceased on the first part, and I: C: eldest son of the said R. C: on the second part; and I: D: and W: G. of L: yeomen on the third part, witnesseth, That where the said A. and K: as in the right of the same K. do now hold and are lawfully entituled to hold and enjoy for and during the term of the naturall life of the said K: one Messuage or Te∣nement with the appurtenances, late parcell of the possessions of the said R: C: which Messuage with the appurtenances now is in the seve∣rall Tenures of &c. and is scituate and lying in &c. The Reversion of which said Messuage with the appurtenances after the decease of the said K: doth lawfully belong and appertain to the said I. C: and his Heirs or the Heirs of his body, and whereas the said I: C: before this time hath had and received of the said A: C: the summ of &c. of law∣full &c. for and in consideration of an estate and assurance according to the tenor and purport of these Presents to be had and made of

the said Messuage or Tenement with the appurtenances unto the said A. and his heirs, from and after the decease of the said K for ever.

Now for the Executing and making of the said Estate and Assurance accordingly, It is covenanted and agreed by and between the said par∣ties to these presents, for themselves and their Heires in manner and form following, that is to say, That the said A. and K. his Wife, and the said J. C. shall before the Feast of Easter now next coming, per∣mit and suffer the said A. B. and C. D. in a Writ of Right Patent, ac∣cording to the custome of the City of L. in due form with voucher or vouchers to recover against the said A. and K. and I. C. the said Messu∣age and Tenement, and all other the premises with their appurtenances, in such manner and form as by the learned Councill of the said A. shall be lawfully and reasonably devised or advised. And the said parties for them and their Heirs, have further agreed by these presents, that the said Recovery shall be, and that the said A. B. and C, D. and their Heirs, from and after the said Recovery so had and passed of the said Messuage and Tenement aforesaid with the appurtenances, shall ther∣of and of every part thereof stand and be seised to and for the only U∣ses and intents hereafter in these Presents expressed, and to none o∣ther use intent or purpose whatsoever; that is to say, To and for the use of the said K, for and during the term of her naturall life, and after her decease to the only use and behoof of the said J. C. his heirs and Assigns for ever, upon and under the condition following, that is to say, That the said I. C. his Heirs Executors or Assigns shall well and truly pay, or cause &c. to the said A. C. his Executors or Admini∣strators the summ of &c: of lawfull &c. at &c. on &c.

Provided alwaies, that if the same I. C: his Heirs Executors and As∣signs or some of them do not well and truely pay or cause &c. to the said A. his &c. at &c: the said summ of &c. on, &c. That then and from thenceforth the said A: B: and C. D. and the Survivor of them and their Heirs, shall stand and be seised of the said Messuage &c: to and for the use and behoof of the said K. only for and during the term of her naturall life as aforesaid, and from and after her decease to and for the only use and behoof of the said A. C: and of his Heirs and As∣signs for ever, without any manner of condition, and to none other use intent or purpose whatsoever.

And the said I: C: for him &c. covenanteth with the said A: &c: in form &c. that he the said I. C: now is, and at the time of the know∣ledging of the said Recovery, and untill the same shall be clearly pas∣sed and finished, and the seisin thereupon shall be executed, shall stand and be seised of the said Messuage, &c. of an Estate in Reversion immediatly after the death of the said K. to the only use and behoofe of the same I. C. and his heirs or the heirs of his body, without any condition and other limitation of use whatsoever, and that he the said

I. C: hath good Right and lawfull Authority and Power in and by the Law, to convey and assure the said Messuage &c. to the said A. C. his Heirs and Assigns in form aforesaid, and that if the said I. C. his Heirs Executors or Assigns, do not pay to the said A. his Executors or assigns the said sum of &c, in form aforesaid, that then the said A his Heirs and Assigns, shall or may lawfully without any condition, have hold oc∣cupy and enjoy the said Messuage &c, for ever, and take perceive re∣ceive and enjoy all the issues Rents and profits of the same for ever ac∣cording to the true meaning of these presents And that then and from thence forth the said Messuage, &c. shall be and stand to the said A his Heirs and Assigns clear and free discharged and acquitted or other∣wise from time to time and at all times sufficiently saved harmless by the said I. &c. of and from all and singular former bargaines &c. at a∣ny time heretofore had knowledged suffered made done or procured or hereafter before the seisin executed upon the said Recovery to be made done knowledged procured or suffered by the said J. C. or by a∣ny other person or persons by or under his estate, or by his means Consent or Procurement (the Cheife Rents and Services, &c. except.)

And further the said J: C. covenanteth with the said A. C. &c. that he the said J. C. and his Heirs, at the request and charges in the Law only of the said A. his Heirs or Assigns, from time to time and at all times during two years next after default shall be made in payment of the said summ or any part thereof contrary to the form above limi∣ted, shall and will not only do suffer knowledge and execute, and cause &c. all and every such further act and acts assurance and assurances thing and things for the further assurance and better conveying of the premisses to the said A: his Heires and Assignes, according to the true meaning of these presents, as by the said A. &c. shall be devised, but also upon like request as aforesaid, at any time after the said Recovery passed, shall and will by his or their sufficient Deed release to the said Recoverers and their Heirs or to the Survivor of them and his Heirs all Errours Defaults and Mis-pleadings whatsoever, to happen in the pro∣cess of Recovery aforesaid, or in the Execution of the seisin upon the same, In witness, &c.

A very good Mortgage of Land with a Revocation of U∣ses thereof declared in a former Indenture, where also it is provided, that if the money be paid accor∣dingly, then the Land to be to the uses contained in the said former Indenture.

THis Indenture, &c. Between the right Honorable W. Earle of E. &c: on the one party, and W. D. Citizen and Goldsmith of L. on the other party, witnesseth, that the said Earle for and in considerati∣on of the summ of 642 l. of &c. whereof &c. Hath given &c. and by these presents doth fully and clearly give grant bargain and sell unto the said W. D. his Heirs and Assigns all that the Mannor of S. in the Parish of L. in the County of E with all and singular the appurtenances, and all that the Mannor of L. with the appurtenances in the parish of T. in the same County of E. and all and singular Messuages Lands Tenements Mea∣dowes Pastures Feedings Rents Reversions Services Woods Ʋnder-woods and all other Profits Commodities and Hereditaments whatsoever to the said Mannors or either of them belonging or appertaining, or as part par∣cell or member of the same Mannors or either of them had used occupied or enjoyed, or so being usually granted demised or letten to farm, and all and singular Mannors Messuages Lands Tenements Rents Reversions and Hereditaments whatsoever in the said Parishes of L. and T. or either of them commonly called or known by the name or names of S. and L. or by all or any of the same names, and all and singular Courts Courtes Leetes, Viewes of Francke pledge, Profits, and Perqui∣sites of Courts, Priviledges Franchises Jurisdictions Liberties and Roy∣alties whatsoever, which the said Earle hath or ought to have in the said Mannors or any other the premisses before bargained and sold or any part thereof, and all Rents reserved upon any Lease or Leases made of the pre∣misses or any part or parcell thereof, and also all the Estate Right Title Interest Reversion Remainder Ʋse possession Propriety Claime and De∣mand of the said Earle of in and to all and singular the Premisses, toge∣ther with all and singular Deeds Evidences Charters Letters Patents Writings Copies of Court Rolls Terrors Esctipts, and Mynuments on∣ly touching the Premisses or any part thereof: To have and to hold the said Mannors of S. and L. with all and singular their Appurtenances, and all other the Premisses bargained and sold by these Presents to the said W D his Heirs and Assignes to the only use &c.

Provided alwaies and nevertheless the said W: D: for him his Heirs, Executors &c. doth covenant grant and agree to and with the said Earl his Executors and Administrators by these presents, that if hee the said Earl his Heirs Executors Administrators or Assignes or any of them do

pay or cause &c. to the said W. his Executors or Administrators, or to his or their lawfull Deputy or Attorney at &c. the summ of 642 l. of &c. on the first of December next coming after the Date hereof, betweene the houres of &c. That then and from thenceforth the gift grant bargain and sale made of all and singular the premisses by these presents to the said W D and all Covenants and Articles comprised in these Presents on the part of the said Earle and his Heirs to be performed, and all Bonds made or to be made for performance of the Covenants thereof, shall be utterly void and of none effect. And that and from thenceforth (a Re-entry in the Earl &c.) any thing &c. to the contrary &c.

And the said Earle for the making of a good assurance of all and singu∣lar the Premisses to the said W: D: and his heirs for ever under the Con∣dition aforesaid by this Writing sealed with the seal, and signed with the hand of the said Earl, in the presence of those three Witnesses whose names are to these presents subscribed, doth repeal revoke determine and declare to be repealed revoked and determined all and every the uses intents gifts and grants whatsoever, which the said Earl by his Indenture Tripartite bearing date, &c. hath made declared or agreed unto onely concerning the premisses bargained by these Presents to or with the right honorable A. Lord G. and his Co-feoffees.

And the said Earle Covenanteth &c. in forme, &c. That he the said Earl at the sealing delivery and knowledging of this Indenture is by good sure and lawfull Right and Title in the Law, sole seised in his De∣mesne as of fee simple, of and in all and singular the said Mannors Mes∣suages Lands Tenements and Hereditaments by these presents bargained and sold to the only use of the said Earle and his heirs absolutely without any condition, and of such estate, hath full power and lawfull right and au∣thority in the Law to give grant bargain sell and assure the same Man∣nors with their appurtenances, and all other the above bargained Pre∣misses, to the said W. his Heirs and Assigns in manner and form aforesaid, and that if the said Earl his heirs executors or administrators do not pay or cause, &c. the said summ of, &c. to the said W. D. &c. in such man∣ner and forme as to the payment thereof is above limited in and by these presents, that then and from thenceforth the said A Lord G. and his Co-Feoffees, and all and every other person and persons by reason of any for∣mer estate seised or to be seised of the said Mannors and other the premi∣ses or any part thereof, shall thereof and of every part thereof stand and be seised to the only use of the said W. and of his heirs, and to none other use whatsoever, and also that then and at all times during the said space of 3. years next following the time of such default made in the said payment of the said summ of &c. or any part thereof, he the said Earl and the right honorable Countess now his wife, and the Heirs and Assigns of the said Earl, and all and every other person and persons which then shall have or lawful∣ly may claime to have any former interest right title or estate in or to the

premisses or any part therof by or under the estate or interest of the said Earl or any of his Ancestors (all and singular person and persons claiming only by Lease or Leases for the term of years or under now to come, or by copy of Court Roll made according to the severall customes of the said Mannors or any of them, whereupon the ancient and old yearely Rents duties and services or more been reserved from henceforth to be paid and done to the owner or owners of the reversion of the premisses only except) shall and will upon reasonable request therefore made, and at the costs and charges in the Law of the said W: his heirs or Assigns, do make knowledge and suffer and cause to be done, &c. all and every such further act and acts thing and things, assurance and assurances whatsoever, for the better conveyance assurance and sure making of all and singular the Premi∣ses bargained and sold by these presents, to be had and made sure to the said W his Heirs and Assigns to the only use of the said W. his heirs and assigns for ever, without any condition with warranty against all men, or otherwise without warranty, as by the Councill learned in the Laws of this Realme of the said W his heirs or assigns shall be reasonably devi∣sed or advised, and that at all times after any such default of payment of the said sum &c. or any part thereof had or made as aforsaid, the Premi∣ses by these presents bargained and sold, shall be or lawfully may be and abide to the said W: his heirs and assigns from thenceforth for ever of the clear yeerly value of &c. over and above all charges and reprises. And al∣so that the said Mannors &c. now are, and at all times after such default happening in payment of the said summ of &c. or of any part thereof as a∣bovesaid, shall continue to the said W. his heirs and assigns clearly acquit∣ted and discharged, or by the said Earl his Heirs Executors or Admi∣nistrators or by some of them sufficiently saved harmless from time to time of and from all and singular former bargaines, &c. and of and from all o∣ther former titles estates charges and incumbrance whatsoever (the cheife Rents and services from thenceforth to become due, &c. in the re∣spect of their Seigniories only) and such Leases and Copies as have beene above excepted, only except and foreprised.

And further also that after such default of payment made as aforesaid, of the said summ of &c. or any part thereof, he the said Earle his Heires Executors or Assignes shall and will within the space of six Months then next following, at the said mansion house of the said W. well and safely deliver or cause, &c. to the said W. his heirs or assignes all and singular the Deeds &c. above by these presents bargained and sold, or all such and so many of them as the said Earl now hath, or which he or his Executors or Administrators then shall have or may lawfully come by without suit in the Law.

And the said VV. D, covenanteth &c. that he the said VV. D. his heirs and assignes shall permit and suffer the said Earl his heirs and assignes to have and take to the only use of the said Earl his heirs and assigns all and

singular Commodities Rents and profits of all and singular the Premisses from the day of the date of these Presents untill the said first day of De∣cember next coming as abovesaid, so as no stroy or wilfull wast be done or committed in or upon the premisses or any part thereof. Provided alwais and neverthelesse it is agreed condescended and covenanted between the said Earl and W. for them their heirs and assignes by these presents, That if he the said Earle his heirs &c. do pay &c. the said summ &c. to the said W: &c. according to the form and manner therefore above li∣mited in these presents that then and from thenceforth for ever the said A. Lord G. and his said Co-Feoffees and the said W. D: and his Heirs, and all and every other person and persons by reason of any former Estate sei∣sed of the said Manners and other the premisses or any part thereof by or from the said W. D. shall thereof, and of every part thereof stand and be seised from thenceforth for ever to the only uses intents and purposes ex∣pressed and declared in the said former Indenture tripartite, above in these presents recited, and to none other use or uses intent or purpose whatsoever, any thing, &c. in Witness.

Notes

• Condition.
• This Indenture is contained in this booke enti¦tuled (for the conveyance of Land for per∣formance of a will &c.)