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.

Of severall terms in Leases of a Ferry by Letters Patents.

THis Indenture made &c. Between T. M. &c. and Ʋ. his wife of the one partie, and T. L. of the other partie, Witnesseth, that whereas our late Soveraigne Lord King James, by his highnesse Letters Patents, bearing Date &c. for the considerations therin specified and expressed, did demise, grant, betake, and to farm let unto E. C. and E▪ S. Gentlemen, among other things; All that passage of water upon the Thames called Ferry, with all and singular the profits, commodities, and advantages whatsoever, to the said passage belonging or appertain∣ing, lying and being in the Town of R. in the County of S. between &c. on the West end &c. To have and to hold to the said E. C. and E. S. their Executors and Assigns, from the Feast of the Annunciation of the blessed Virgin Mary, which then should be in the year of our Lord God 1622. unto the end and term, and for, by, and during all the term of forty years, from thence ensuing, and fully to be compleat and ended, Yeilding and paying therfore from thenceforth, yearly un∣to the said late Kings Majesty, his Heirs and Successors, the yearly Rent of 13 s. 4 d. of lawfull money of England, at the Feast of Saint M. the Arch-angel, and the Annunciation of the blessed Virgin Ma∣ry, at the receipt of the Exchequer of his Highness, his Heirs and Suc∣cessors, or to the hands of the Bayliffs, or Receivers of the Premisses for the time being, by equall portions to be paid, during the term a∣foresaid, granted in and by the said Letters Patents, as in and by the said Letters Patents amongst other things therin contained, more plainly and at large it doth and may appear. The Residue of which term by mean Assignments and Conveyances in the Law, came to the Right Honourable the Lady I. Countess of S. as by the same mean as∣signments and conveyances may further appear.

And wheras one G. W. &c. did by his Indenture of Lease, bearing date &c. according to a licence in that behalf, demise unto one N. W. amongst other things, five acres of customary Lands in the Fields of T. &c. for the term of 42. years from thence next ensuing, and fully to be compleat and ended.

And wheras M. W. late wife of the said N. W: and sole Executrix of his last Will and Testament, by her Deed in Writing, bearing date &c. did for the considerations therin expressed, grant and assign unto one I. B. the residue of the said term of 42. years, in one acre and one rood of arable Land, being parcell of the said five acres, lying in and upon one Flat or Furlong of ground called the W. in the East field of T. aforesaid, towards the said Ferry, which by mean Assignments and Conveyances in the Law, came to the said Countess of S. as by the same may appear.

And wheras the Right Honourable Lady M. Countess of H. did by

her Indenture bearing date, &c. let and set to the said Countess of S. two Messuages called the Ferry Meads, containing, &c. one other meadow containing, &c. one other close called by the name of the plow close, containing, &c. lying and being in the parish of T. afore∣said, with all waies easements commodities and appurtenances there∣unto belonging: To have and to hold to the said Countess of S. and her Assigns from the Feast day of the Annunciation of the blessed Vir∣gin Mary last past before the date thereof, for and during the term of six years, from thence next ensuing, at and under the yearly Rent of twenty pounds Per annum, payable in such manner and form as in that Indenture is mentioned, as by the said Indenture may further ap∣pear.

And whereas the said I Countess of S. by her last will in writing bearing date, &c. did bequeath to the said V. by the name of V. C. the said severall Terms of and in the premisses, and of the same her Will, made the said V. her sole Executrix who since the decease of the said Countess, hath in due form of Law proved the said Will, and ta∣ken upon her the Execution thereof, as by the same Will, and the pro∣bate thereof, under the seal of the prerogative Court of Canterbury, may further appear.

Now this Indenture witnesseth, that the said T. M. and V. his wife for a good and valuable consideration in money to them paid by the said T. L. the receipt whereof they do acknowledge by these presents, Have granted bargained sold assigned and set over, and by these pre∣sents do grant bargain sell assign and set over unto the said T: L: the said leases mean assignments and conveyances, and all the residue of the said severall Terms yet to come in the premisses, and every part and parcell thereof, and all their Right title terms, interest estate and demands of in or unto the same premisses and every part and parcell thereof, and all those two Boats commonly called the one by the name of the Horse boat, and the other by the name of the Ferry boat, riding or rowing at or neer the sayd Ferry, with the chains and other things thereunto belonging. To have and to hold the said boats with the said chains and other things thereto belonging unto the said T. L. and his Assigns, as his and their own proper goods and chattells for ever, And to have and to hold all the residue of the premisses unto the said T L and his assigns, for and during all the residue of the said severall terms respectively, and in as ample manner and form to all intents and purposes, as the said T: M. and V: his Wife or either of them, their or either of their Executors or assigns, may can or ought to hold and en∣joy the same by force of the said Letters Patents, Leases Assignments Conveyances and Devises, or by any of them, and by any other ways and means whatsoever: And the sayd T. M: for himself his heirs, Executors and Administrators, and for every of them, doth covenant

promise and agree to and with the said T. L. his Executors and assigns by these presents, that he the said T L his Executors and assigns shall or may from henceforth during the residue of the said term of forty two years, hold and enjoy the said one acre and one Rood of arable Land in the said flat or furlong called the W. and receive and take the Rents Issues and profits thereof to his or their own use, without any let suit trouble eviction, expulsion disturbance interruption or incum∣brance of or by the said T. M. and V. his wife or either of them, or of, or by any person or persons, having or claiming either in Law or in e∣quity, by from or under them or either of them, or by from or under the said Countess of S, or by from or under Sir H. L. Knight, or by from or under his her or their, either, or any of their Right Title Inte∣rest act estate means assent privity or procurement: And that the said T. L. his Executors and assigns under the severall Rents Cove∣nants and agreements respectively in the said Letters patents and Lea∣ses thereof contained, shall or may from henceforth have hold and enjoy all the Residue of the premisses and every part and parcell ther∣of and take and receive the Rents Issues and profits thereof to his and their own use, during the residue of the said severall terms therein yet to come and unexpired without any let, &c. other then such as claim by force of the Lease hereafter in these presents excepted: And the said T M for himself his heirs Executors and administrator; and for every of them, doth covenant grant and agree, and with the said T L his Executors and assigns by these presents, That all and singular the premisses and every part thereof shall remain continue and be unto the said T L and his assigns during the said severall terms respe∣ctively free and clear, or otherwise well and sufficiently saved and kept harmless of and from all and every other grants bargains sales de∣vises Leases assignments charges and incumbrances whatsoever, had made committed done or suffered of or by them the said T M and V his wife or either of them, their or either of their executors or assigns or any of them, or by any other person or persons, having or claiming by from or under them or either of them, or by or under the said Countess of S. or by from or under her, their, or any of their Right Title Interest act estate assent means privity or procurement, except the Rents Covenants and services, in the said Letters patents and Lea∣ses of the premisses respectively contained, and which from henceforth shall first grow due of or on the behalf of the Lessees and patentees thereof, are ot ought to be done or performed in respect of the premisses, or any of them, and except only one Lease by inden∣ture bearing date, &c. made by the said Countesse of S, of the said passage or Ferry to W. G. and H. G. for the term of twenty years from the Feast of the annunciation of the blessed Virgin Mary then last past, whereupon the yearly rent of 16 pounds is reserved, payable in

such sort, as in that indenture is mentioned, which from hence forth, during all the residue of that term, shall remain continue and be pay∣able to the said T▪ H. and his assigns according to the reservation of that Lease.

And whereas the said H. G. and VV. G. by their Obligation bearing date &c. became bound to the said Countess of S. in the sum of 40 l. of lawful mony of England with condition thereunder written for their performance of all the Covenants, Grants and Agreements on their parts to be performed mentioned in the said Indenture of Lease to them made by the said Countess of S. as aforesaid, the benefit of which Obli∣gation the said T. M hath agreed, shall wholly come and accrew to the said T. L. Now the said T. M. to that intent doth hereby for the con∣sideration aforesaid Grant and Assign, the said Obligation and benefit thereof to the said T. L. and doth hereby give and grant unto him the said T. L. full Power Warrant and Authority (in case the Condition of the said Obligation shall be broken) in the name of him the said T. M. and the said Ʋ. or either of them to commence and prosecute such Suits thereupon and do and execute all such Acts, either for reco∣vering of the money which shall become due therupon, or for releasing or discharging of the said Obligation as he the said T. L. shall think fit, And lastly, the said T. M. for himself, his heirs executors and admi∣nistrators, and for every of them doth Covenant, Grant, and Agree to, and with the said T. L. his executors and assigns, by these presents, That he the said T. M. and the said Ʋ. his wife, and either of them, their, and every of their executors and administrators, and all, and eve∣ry other person and persons having, or claiming either in Law or in Equity, by, from, or under them, or either of them, or by, from or under the said Countess of S. shall and will from time to time, and at all times hereafter at the reasonable request, cost and charges in the Law of the said T. L. his executors or assigns, do, and execute all such acts for the further and better conveying of the premisses, or any part or parts thereof unto the said T. L. his executors and assigns, for, and during the residue of the said several terms repectively, and enabling the said T. L. his executors and assigns, to have, recover and receive the benefit of the said Obligation as by the said T. L. his executors or assigns, or any of them shall be reasonably required. In VVitness, &c.

Notes

• Recital of the Letters Patents.
• Habend in the Letters Pa∣tents.
• Recital of a Lease.
• Recitall of a will.
• Consideration.
• Assignment of the Lenses.
• Habend. of part.
• And of the re∣sidue.
• A Covenant for quiet enjoying.
• A Covenant to free the premi∣ses from incum∣brances.
• Exceptions.
• Assignment of an Obligation for performance of Covenants.
• A Covenant for further as∣surance.