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.

Judgment of Covenants of Marriage for assuring a Joynture.

THis Indenture made &c. Between the Right Honourable Sir W. C. Knight, of the most honourable Order of the Garter. Baron of B. Lord high Treasurer of England, of the one party, and the Right Honourable E. d'V. Earl of O. Lord great Chamberlain of England, Viscount B. and Lord of B. and R. of the other party, wit∣nesseth, That the said Earl, for and in consideration of a Marriage al∣ready had and solemnized, between him the said Earl and the Lady now his wife, Daughter of the said Sir W. C. and for and in conside∣ration of the Sum of 3000 l. of &c. to him &c. And for a compe∣tent Joynture to be had to the said Lady A: now Countesse of O. doth covenant and grant for him, his Heirs Executors and Administrators, to and with the said Sir W. C. his Heirs Executors and Administrators, in manner and form following. That is to say, That he the said Earl or his Heirs, before the Feast of All-Saints, next ensuing the day of the date hereof, shall and will at the costs and charges in the Law of the said W. C. his Heirs Executors or Administrators, sufficiently assure and convey by Fine or Fines, Recovery or Recoveries in due form of Law to be levied and suffered, unto the Right Honourable Sir J. D.

Knight, Lord D. of C. T. C. Sir W. F. W. Knight, and H. G. Esquire, and to their Heirs, or to the Heirs of one of them, all the Mannors Messuages Mills Tofts Lands Tenements Meadows Leasues Pastures Woods Under-woods Moors Marshes Heaths Wast ground Waters Fishings Rents Reversions Services Courts Liberties Franchises and Hereditaments of the said Earl whatsoever, hereafter mentioned and expressed, with all and singular their Rights Members and Appurte∣nances; This is to say, All those the Mannors Lordships Tenements and Farms of W. N B. C. I. D with all and singular their Rights Mem∣bers and Appurtenances, in the County of Essex, and all and singular the Farms Granges Parks Lands Tenements and Hereditaments of the said Earl, in the said County of Essex, called or known by the names aforesaid, or any of them. And also all and singular Farms Messuages &c.

And it is Covenanted, Granted, Concluded, Condescended and A∣greed by these presents between the said parties, and their Heirs, that the said Assurance and Conveyance, by Fine or Fines, Recovery or Recoveries to be made by the said Earl, or his Heirs to the persons a∣foresaid, and to the Heirs of one of them, and all other Assurances and and Conveyances of the said Mannors, and all other the premisses, and every parcel therof to he made to the said persons or any of them, be∣fore the Feast of All-Saints next coming shall be to the Uses, Behoofs, Intents and Purposes herafter expressed, that is to say, To the use and behoof of the said Earl for term of his life, and after his decease, then to the use and behoof of the said Lady Anne, now wife to the said Earl, for and during her natural life, for, and in full Recompence and Satis∣faction of the Dower which the said Lady A. by reason of the said Mar∣riage had and Solemnized between the said Earl and her, may or might by him by any way or means, challenge, claim or demand of any the Ho∣nors, Castles, Mannors, Lands, Tenements and Heredita. which the said Earl now hath, or hereafter hath had, or at any time hereafter shall or may have, during the Coverture between him and the said La∣dy A. and after the decease of both the said Earl and Lady A. then to those of the right Heirs of the said Earl for ever.

Provided alwayes and it is agreed between the said parties, that if it shall fortune that the said Lady A. at any time hereafter during the life of the said Earl shall be fully and perfectly resolved and determined joyntly with the said Earl, or otherwise by any way or mean, directly, or indirectly, or immediatly to levy any fine, or suffer any Recovery, or do or assent to do any thing by matter of Record or otherwise wherby the estate of, and in the premisses before limited or appointed to her the said Countess, for term of her life, or wherby any estate or term for years, or interest, or other parcel of the said estate to her li∣mitted,

of, and in the said Mannors, Lands, Tenements, Hereditaments and other the premisses, or any parcel therof should, or might pass or be altered, discontinued, taken away, removed, charged, incumbred or devested out, or from the said Lady A. and shall attempt or go about or put in ure any such full and perfect Resolution and Determination, that then immediatly after such attempt, or going about the said Use and Estate for life of and in the premisses before limited and ap∣pointed to th•• said Lady A. as touching all the premisses, or such part or parcel of the premisses, or touching any such attempt, or going about shall be made, shall cease and be utterly void touching the said Lady A. And that then and from thenceforth the said Assurance and Conveyance by Fine or Fines, or Recovery, or Recoveries and o∣ther Assurances to be made to the said Sir I. D. L. D. T. D. W. F. and H. G. and to their Heirs, or the Heirs of one of them after the said estate for life before limited and appointed to the said Earl ended and determined shall be, and the said I. L. D. &c. and their Heirs, and the Heirs of every of them, and all other persons seised of the premisses shall from hencforth stand and be seised, of, and in all the pre∣misses, or of such part and parcel of the premisses touching, and of which such attempt or going about shall be had or made to the use and be∣hoof of W: H: Son and Heir apparant of the said Sir W: F: T: S: Esq; W: C: Esq; second Son of Sir A: C: and their Heirs, for and during the life of the said Lady A: to the end and intent, that the said W: Son of W. T. S. and W: C: and the Survivor of them, or the Heirs of the Survivor of them after the decease of the said Earl (if the said Lady A. shall fortune to over-live the said Earl) shall and may Grant over their estate to the said Lady A: in the same premisses within six weeks after the decease of the said Earl, and after the decease of the said Earl, and the said Lady A: then the said Fines, Recoveries and other the said Assurance, shall to the Uses and Behoofs before in these presents limi∣ted and appointed to be behind and to take place after the decease of the said Earl and Lady A. his wife.

Provided also, and it is Covenanted, Granted, Concluded and A∣greed between the said parties, and their Heirs, that the said Earl shall, and may at all times hereafter from time to time during his life make Leases by Indentures of 21. years or under, to begin immediatly after the date of the said Indenture of any part of the said Mannors, Lands, Tenements, and other the Premisses before limited and assigned to the Joynture of the said Lady A. other then of the said Mannors and Farms of W. N: and B: with their appurtenances. And of the Scite, Orchard, Gardens, Lands, Tenements, Meadows, Leases, Pastures, Woods. Waters, Fishings, and other Hereditaments being accounted to be parcel of any of the said Mannors or Farms of W. N. and B. K. and other then the said Lands, Tenements, and Hereditaments in the

said Parishes, Towns and Hamlets of W. E. and E. B. and also shall and may at all times hereafter from time to time during his life make Leases by Indenture for term of three lives, or four lives of any part of the said Mannors, Lands, Tenements and Hereditaments within the said County of Chester, and of the City of Chester, being then out of Lease, to begin immediatly upon the making of any such Lease or Leases, so as upon every such Lease for life or lives, or years to be made the old and accustomed Rents, Duties and Services, or more shall be yearly reserved and payable yearly during the said terms unto such to whom the immediately Reversion or Remainder therin shall be and ought to have the said Rents by the intent of these presents; and the said Assurances and conveyances of the Premises, by Fine Recovery or otherwise to be made, and every of them shall be and endure: And the said persons to whom the said Assurances and Conveyances shall be made, and their Heirs and Assigns, shall stand and be seised of the Premises and every part therof, so to be demised and let, to the use and behoof, of all and every such persons to whom any such Lease or Demise shall be made, and to the Heirs Executors Administrators and Assigns, during the said term and terms to be contained in the said Demises and Leases, according to the tenor and effect of the said De∣mises and Leases; So as the same Leases, their Executors Admini∣strators and Assigns, and such others as shall have interest and terms of such Leases, shall and do content and pay, to such as shall have at that time the immediate Reversions or Remainders of the Premises, the Rents and Services to be reserved in their Leases, at the times in the said Leases mentioned, or within one month next after And do also perform the Conditions and Covenants specified in the said In∣dentures of their Demises, and so as they do not, nor make any wast or spoile in the Houses Buildings Lands Tenements and Grounds so to be let.

And the said Earl, for him, his Heirs Executors and Administra∣tors, doth covenant and grant by these presents, to and with the said W. B. of B. his Executors and Administrators, that the said Mannors Lands Tenements, and other the Premises so to be conveyed and assu∣red as is aforesaid, now be, and at the time of the said Assurance to be made, shall be, and shall or may after the death of the said Earl, and during the life of the said Lady A. continue and be of the clear yearly value of 9 l. 60 s. 8 d. over and above all quit Rents and other Rents and charges issuing payable, or going out of the premises. And over and above all usuall Fees or Wages due or usually paid to the Stewards Bayliffs Receivers Auditors and other ordinary Officers of the Premi∣ses heretofore accustomed to be allowed or paid out of or for the Pre∣mises or any parcell therof▪ other then the Fees Annuities and Char∣ges hereafter expressed, which be issuing and going out of some part

of the Premises, during the time hereafter declared; That is to say, to E. A: Doctor in Physick, 20 l. yearly during his life, to R. B. yearly during his life 20 l. and to either of S. S. and W. F. Esquires, during their severall liues 3 l. 6 s. 8 d. of and from which yearly Rents and Annuities he the said Earl, for him, his Heirs Executors and Admin∣strators, doth covenant and grant by these presents, to and with the said Sir W. C. his Executors and Administrators, that the Heirs Execu∣tors or Administrators of the said Earl, shall and will from the time of the death of the said Earl, and during all the life of the said Lady A. acquit, discharge, or save harmless, as well the said Lady A. and her Assigns, as the said Mannors Lands Tenements and other the Premi∣ses and every parcell therof.

And the said Earl, for him his Heirs Executors and Administrators, doth covenant and grant by these presents, to and with the said W. C. his Heirs Executors and Administrators, that he the said Earl and his Heirs, shall and will at all times hereafter, during the space of two years now next ensuing, make, do, and suffer to be done, at the costs and charges in the Law of the said William Barow of B. his Heirs Exe∣cutors or Administrators, all and every Act and Act, Thing and Things, as shall be reasonably devised or advised by the said W. B: of B. his Heirs Executors or Administrators, or by his or any of their learned Councell in the Law, for the further assurance and sure ma∣king of the said Mannors Lands Tenements and other the Premisses, to be had, made, conveyed, and assured, as is aforesaid, to the uses intents and meanings aforesaid: So as he the said Earl or his Heirs, be not compelled for the making, doing, or suffering of such further assurance or conveyance, to travell out of the place where he or they shall be.

And the said Earl, for him, his Heirs Executors and Administrators, doth covenant and grant by these presents, to and with the said W. B. of B. his Executors and Administrators, that he the said Earl nor his Heirs, at any time during the life of him, and of the said Lady A. shall not fall, sell, or carry away, or cause to be fallen, sold, or carried away, any Woods or Under-woods, or Copices growing or being, or that hereafter shall grow or be, in and upon any of the said Lands Te∣nements and Hereditaments, in the Parishes, Towns, Hamlets, and Feilds of W. aforesaid, or any of them, untill the same Copices, Woods or Underwoods, shall be of the age of 17. years growth or more. And that he the said Earl shall at all times hereafter, during his life (if the said Lady A. shall so long live) leave, permit, and suffer so many Oakes and other Timber Trees, growing and being in and upon the Mannor of W. H. and other the Premisses, in the Parish Towns, Hamlets and Feilds of B. E. A. and E. M. to stand grow remain and be in good and sufficient Estate and Plight, in and upon the said Man∣nor,

and other the Premisses, in the Parishes Towns and Hamlets last before recited, as shall be sufficient for the maintenance and suppor∣tation of the Houses Edifices Buildings Pales Inclosures Gates Bridges Stiles, and for all other necessaries, in upon and about the same Man∣nor of W. and other the Premisses, in the said Parishes Towns and Hamlets last before specified.

And further that the Heirs Executors and Administrators of the said Earl, shall and will at all times after the decease of the said Earl, and during the life of the said Lady A. acquit, discharge, or suffici∣ently save and keep harmlesse, as well the said Mannors Lands Tene∣ments, and all other the Premises, as also the said Lady A. and her As∣signs, of and from all Debts Legacies and Bequests made by the last Will and Testament of the Right Honourable J. late Earl of O. Fa∣ther of the said E. now Earl of S. and of and from all and all manner of former Bargains Sales Recognizances Statute-Merchant, and of the Staple Rents Charges Annuities and other Titles Charges and Incumbrances whatsoever, had, done, or made by the said Right Ho∣nourable J. late Earl of O. Father to the said now Earl, at any time heretofore or hereafter, and before sufficient assurance of the said now Earl to be made, all Leases for years, life or lives heretofore made of the Premisses or any part therof, upon which the yearly Rents and Services heretofore used to be paid, be reserved and payable yearly, during the continuance of the said Leases: And all Leases hereaf∣ter to be made by the said Earl, according to the agreements tenors and true meaning of these presents. And all Fines for Alienations to be due for the making of any Assurance, covenanted and granted to be made by these presents, if any such Fines for Alienations shall be due, of which Fines the said W. B. of B. covenanteth and granteth by these presents, to acquit, discharge and save harmlesse, as well the said Earl, his Heirs Executors and Administrators, as the said Man∣nors and other the Premisses, only excepted and fore-prised; And to the end that the said Earl may be sure that the said Lady A. (if she chance to over-live the said Earl) shall not challenge or claim Dow∣er of the residue of the Inheritance of the said Earl, nor such persons to whom he shall make any Estate for years, life, in Tail, or in Fee-simple, of any part of the residue of his Inheritance, shall be disturbed or inquieted, in the peaceable or quiet occupying and enjoying the same residue of the said Earls Inheritance, or of any part or parcell therof, nor such Bonds as the said Earl shall make for performance of any Bargain, of any part of the same residue of the said Earls Inheri∣tance, should be in danger of forfeiture, by means of challenge, claim, or obtaining of such Dowers; Therfore the said W. B. of B. for him, his Heirs Executors and Administrators, doth covenant and grant by these presents, to and with the said Earl, his Heirs Executors and Ad∣ministrators,

that the said Lady A. (if she chance to over-live the said Earl, and if also she and her Assigns shall and may enjoy all and every the said Mannors Lands Tenements & Heredit. to her before limited and appointed for her Joynture, according to the true intent and meaning of these presents, shall within one year, next after the death of the said Earl, she then being unmarried, and the said W. B: of B. then being in life, assent, and agree unto her Joynture, limited and appointed to her, in and by these presents, so effectually, that by the same she shall be barred and excluded by the Law of her Dower, to be had of any of the Mannors Lands and Tenements, that then to fore were to the said Earl, unlesse it be for recompence of such part of her Joynture as shall be recovered, evicted, or devested from her, if any part shall be with recompence she shall and may demand and sue for, according to the Statute: Provided notwithstanding her said assent and agreement to be made as is aforesaid.

And the said Earl in consideration aforesaid, for him his Heirs and Assigns, doth covenant and grant by these presents, to and with the said W. B. of B. his Heirs and Assigns, that he the said Earl, his Heirs and Assigns, and all and every other person and persons that now stand or be seised, or that hereafter shall stand or be seised, of and in the Mannors Lands Tenements and Hereditaments, and other the Premisses, with all and singular their Appurtenances, or of any part or parcell therof, shall immediatly from and after the Feast of All-Saints, next ensuing the date hereof, stand and be seised of such and so much of the said Mannors Lands Tenements and Hereditaments, and all other the Premisses, as before the Feast of All-Saints next coming, shall not be assured and conveyed by Fine or Fines, Recovery or Reco∣veries, or otherwise to the uses and behoofs aboue expressed, accord∣ing to the intent and true meaning of these presents, to the uses in∣tents and purposes before expressed, and to no other use intent or pur∣pose: In witness wherof, &c.

Notes

• Consideration.
• Particulars differeth.
• Ʋses.
• Provision that if the Lady Anne joyne in assurance by Fine vel alias. for aliening or conveying o∣ver any the Land limited to her for life then her estate to cease and the Feoffees to stand seised to those of strangers to them after the death of the Earl they may reconvey their interest to the use of Lady Anne back again.
• Power to make Leases.
• To discharge.
• Coven••nt for further assu∣rance.
• Covenant not to fell Timber Wood or Under-Woods.
• A Covenant that the Lady Anne shall not claim Dower in any o∣ther the Earls Lands.
• That the Feof∣for and all o∣thers shall stand seised to the use above declared.