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.

An Indenture of Partition Quadri-partite.

THis, Indenture, made &c. Between &c. Witnesseth, That where∣as the Mannors Lands Tenements and Hereditaments of Sir J. D. Knight deceased, contained and specified in certain Schedules quadri∣partite indented unto these presents annexed, are descended and come in Possession Reversion or otherwise unto K. now Wife of the said H. L. Son and Heir apparant unto W. L: Esquire, and to A. now Wife of F. M. Esquire, and to M. now wife of T: G. Esquire, and to F. now Wife of I. H. the younger, Gentleman, Son of I: H. the elder, Esquire: And whereas the said H. L. and K. his wife, F. M. and A. his wife. are now seised in possession and Reversion in the Right of the said K. A. M. and F. of one Estate or Estates of Inheritance, part in possession and part in Reversion, no severance yet therof had or made The said H. L. for him his Heirs Executors and Administrators for the part of him the said H. L. and K. his wife and their Heirs, the said I. H. the younger, and F. his wife and their heirs, the said F. M. for him his Heirs Executors and Administrators for the part of himselfe, and the said A. his wife and their Heirs and the said I. G. for him his Heirs Executors and Administrators for the part of him and M. his * 1.1 wife and their heirs, that is, to wit every of the said parties severally for themselves their heirs executors and administrators only, and not joyntly, do covenant agree conclude and grant severally to and with every of the other parties, their heirs executors administrators and as∣signs by these presents, in manner and form following, that is to say, That the said Mannors Lands Tenements and Hereditaments, as well in possession as Reversion, by four such several portions as they be now set out in the four severall Schedules quadri-partite, shall within two dayes next ensuing the sealing and delivery thereof be put by them in four severall Scrowes in writing, that is to say, In every Scow one of the four portions and parts shal be inclosed in four several balls of wax * 1.2 so that no part of the said Scrowes may be seen: And that the same four balls of wax shal be after put in a cap or hat and there shuffled to∣gether, and that then within the said two dayes, they shall agree up∣on some indifferent man or child, and cause him to put his hand into the said cap or hat at adventure, the said cap or hat being closed, and to take out first one ball of wax alone, and deliver it to the said H. L. or to the said W. L. his Father, or to some other for the said H. L. and K. his wife, and after to take out another ball of wax alone and deliver it to the said F. M. for the said F. and A. his wife; and af∣ter to take out another of the said balls of Wax alone, and deliver it to the said T. G. for the said T. and M. his wife, and after to take out

the fourth ball of wax and deliver it to the said I. H. the younger and F. his wife and immediatly after such delivery of every of them that so shall receive such balls of wax, or his Attorney or Deputy shall forth∣with open the same balls of wax, and cause or suffer the Scrow therein contained to be read and openly declared amongst them, and that the same shal stand and remain as a ful and perfect partition and severance among & betwixt the said Co-parceners of all the said Mannors Lands Tenements and Hereditaments, and that after such partition and allot∣ment made, the said H. and K. his wife and their heirs, the said F. and A. his wife, the said H. the younger and F. his wife and their heirs, and the said T. G, and M. his wife and their heirs, shall stand and agree to the said partition and allotment, and to all things contained and spe∣cified in the said Schedules quadri-partite, indented according to the true intent and meaning written in the same Schedules, and in these Indentures, and shall permit and suffer the same to stand remaine and abide in its full strength and force for ever.

And further the said H. L. for him his heirs and executors, for the * 1.3 part of him the said H. and K, his wife and their heirs, the said I. H. the elder his heirs and executors for the part of the said I. H. the youn∣ger and F. his wife and their heirs, and the said F. M. his heirs and executors for him and the said A. his wife, and the said T. G. his heirs and executors for him & the said M. his wife, that is to say, that every of the said parties severally by and for themselves and their heirs and Ex∣ecutors only doth covenant and grant to and with every of the other said parties severally, their heirs and Executors only, that if every of the said parties his wife and heirs for whom he or any of them cove∣nanteth and granteth to and with the other by these presents, shall for and by the space of seven years next &c. as far as the Law will permit and suffer, at the reasonable request and costs and charges in the Law and otherwise of such of the said parties, as shall desire the same, do knowledge or suffer to be done all and every such reasonable and fur∣ther act and acts thing and things, be it by Fine Recovery Deed of Deeds or otherwise as shall by such party or parties or their Councill learned shall be reasonably devised or advised for the better and more perfect assurance of the said severall Portions Allotments and things in the said Schedules quadri-partite indented & contained according to the true intent & meaning of all the said parties: And that every of the said parties their Heirs and Assigns, shall or may for ever herafter have hold occupy and enjoy their said severall Portions and Allotments ac∣quitted and discharged, or otherwise sufficiently saved harmlesse, &c. And that the said Co-parceners and their husbands their heirs and As∣signs, shall permit and suffer every of the other Coparceners their hus∣bands and theirs Heirs and Assigns, to have and keep all such Eviden∣ces Deeds and Writings as concern such Mannors Lands and Tene∣ments

as are to them severally allotted as aforesaid alone, and true copies of all other Deeds Evidences and Writings, a do concerne the same Mannors Lands and Tenements, the same to be copied and writ∣ten out at the costs and charges of such as shall desire the same. And whereas R. N. Gentleman hath an annuity or yearly Rent of 20 l. going out of the premisses for the term of his naturall life, it is cove∣nanted and agreed by all the said Co-parceners, that each of them * 1.4 shall pay to the said R. N. yearly the summ of 5 l. at such time and place as it hath heretofore been used and accustomed to be paid.

And it is further agreed by and between the said parties. That if it shall hereafter happen, that any of the Mannors, Lands or Tenements of any of the said four portions allotted as aforesaid, unto any of the said Co-parceners, shall by due order and course of Law or Equity, without fraud or coving be recovered and lawfully evicted, so that it cannot be held and enjoyed according to the said partition, and the true intent of all the said Co-parceners and their Husbands, that then and in such case the rest of the said Co-parceners and their Heirs and Assigns shall and will recompence and satisfie at their equall costs and charges unto the party so evicted, so much as the value of the Land so evicted shall amount unto. And that all the woods and under-woods * 1.5 now standing being and growing upon the premisses or any part there∣of shall be severed and equally divided amongst the said Co-parceners and their Husbands before the Feast of Pentecost next coming after the Date hereof.

And that it shall be lawfull to, and for the said Co-parceners their Heirs and Assigns, to have free ingressegress and regresse in and to all the Lands before mentioned to be divided and severed, and e∣very or any part or parcell thereof, where any of the Woods do grow, (and thorow which they must be carried therefrom) and to fell cut down and carry away so much thereof as shall be severally al∣fotted unto any of them, In Witnesse &c.

Notes

• * 1.1

  The Covenants
• * 1.2

  The manner of the partition by lots.
• * 1.3

  Mutuall Cove∣nants for fur∣ther assurance.
• * 1.4

  A covenant that all the Coparceners shall pay an annuicy of 20 l out of their parts divided.
• * 1.5

  That the wood shall be severed and divided.