THE CLERKS VADE MECƲM.

OR, A Choice COLLECTION of Modern PRESIDENTS, According to The best FORMS extant, and such as have not former­ly been Printed.

Containing all sorts of Bargains and Sales, Leases, Mortgages, Grants, Covenants, Surrenders, &c.

Usefull for all persons that have re­lation to the Practick part of the Common Law, or desire to be ex­quisitely qualified therein.

Faithfully perused by T.P. Barrister of that honorable Profession.

LONDON, Printed by T.M. for W. LEE, D. PAKEMAN and G. BEDELL, and are to be sold at their Shops in Fleetstreet. 1655.

The PREFACE to the Reader.

Courteous Reader,

ACcording to the ancient manner, upon this, and the like occasion formerly accu­stomed, It is con­ceived a word or two in this place will not be judged unseasonable; This solid and elaborate Peece hath for divers yeares past remained in the private Study of a learned Gen­tleman, and by him (although not without some importunity) Civily [Page] communicated to some intire friends, who have imbosomed the same with as great obligation of gratitude, as with singular approbation of Judg­ment: and therefore having already received an accurate Examen of so many profound professors of the Common Law, It is Presumed a mo­dest and brief Appology will best suite with the gravity and merit of a Tract upon this subject; which for variety, rarity, substance and conciseness, I doubt not, will be found justly equal to any Book of Presi­dents, formerly commended from the Presse to Publick View. Thus much by way of Introduction, is con­ceived to be expedient in a candid manner, to satisfie the Courteous Reader, of the occasion of impar­ting this work to the general benefit [Page] of all such as desire to be furnished with this excellent Enchyridion, or Vade Mecum; which although it be small in price, yet in the use of it will be found in value great: It may perchance have been a lender to others in this kind, but I believe it never was a borrower of any, It being a faire, polished, and intire body of it self, framed by several sages of the Law, of great Integri­ty, and Experience; And therefore it is heartily wished it may live in the favourable accceptance of the Judicious, unto whom properly it doth present it self, and Craveth in their mature judgment a gentle accesse and benigne Censure.

T. P.

ERRATA.

Pag. 190 and 191. Titles read A Bargain and sale made upon condition to Feoffees in trust. p. 248 and 249 Hustings. p. 414. for An Indenture to lead the use of a Fine. read A Bargain and sale of a M [...]ng [...] for 561 [...]. 596. p. 635 for A grant of an Advow [...]on, [...]. An Indenture Tripartite of settlement by Fine and Recovery. p. 636 lin. 28 r. alias. p. 637 lin. 9. r. Wards.

An exact Table, as well Alphabeti­call, as methodical; for the preceding Treatise.

A
  • Apprentice, see Discharge. 569

Articles.

  • Articles of agreement for a Carpenter pag. 1
  • Articles of agreement for passing a Particular, rated in Fee simple under the great Seal, to two Paten­tees, and from them to the Purchasor. 16
  • Articles of agreement Indented &c. between A B of &c. and C D of &c. for filing a book in rever­sion, granted by her Majestie. 18
  • Articles of agreement, for passing a Lease in rever­sion. 21

Assignment.

  • An Assignment of a Judgement, upon an assign­ment of a Satute, with a Letter of Atturney. 32
  • An Assignment of a Lease, and bonds to perform the Covenants of the same Lease. 51
  • An Assignment af divers obligations and bills. 60
  • An Assignment of an annuity 77
  • An Assignment of rent reserved by a lease, and grant­ed in consideration of service. 87
  • An Assignment of a lease, with divers very good Covenants therein. 98
  • An Assignment of an Extent, and the land thereby extended. 134
  • An Assignment of an extent, upon a Statute forfei­ted to the Queen. 138
  • [Page]An Assignment of a Ward 214
  • An Assignment of an Aprentice 287
  • An Assignment of a Lease to a third person in trust, upon condition that if mony be not paid, the assign­ment void 432
  • An Assignment of a Recognizance, with very good Covenants therein inserted 447
  • An Assignment of a Bond for performance of Cove­nants 476
  • An Assignment of two several obligations 495
  • An Assignment of two Apprentices, and their years to come 497
  • An Assignment from Patentees of part of their grant 502
  • A Short Assignment to a third person 507
  • An Assignment of lands extended to certaine u­ses 533
  • An Assignment of an annuity 564
  • An Assignment of the moity of a house and goods 603
  • An Assignment of a Lease in trust whereof the Assignor is to take a further estate in the premi­ses 614
  • An Assignment of a Judgment 616
  • An Assignment and release 644
  • An Attachment in the Mayors Court 30

Assurance.

  • An Assurance devised in a very good form, penned by Mr. Atkinson Councellor 91
  • An Assurance of a joynture by fine and recovery 130
  • An Assurance of a Joynture to the Wife, with re­mainders in tail 488

Award.

  • An Award made between Executors 5
  • [Page]An Award in another form. 9
  • An Award in another form short 11
  • An Award yeilded up, and the form thereof 368
  • An Award and the form thereof 465

B

Bargain and Sale.

  • A Bargain and sale to the Queen of lands, upon a con­dition of Redemption. 166
  • A Bargain and sale of land from the Mortgagee and Mortgager to another 175
  • A Bargain and sale upon condition made to Feoffees in Trust. 183
  • A Bargain and sale absolute 195
  • A Bargain and sale of Swans, and a Swan-mark. 210
  • A Bargain and sale of Underwood 211
    • Of a Wardship 213
    • Of Billets, Wood and Timber 218
    • Of a house and lands 597
  • A Bill of Sale. 438

Bonds.

  • A Bond taken by the Sheriffes of London for ones ap­pearance, and the condition thereof. 540
  • A Bond to Church-wardens, conditioned to pay foure pounds per annum to the poor of the parish, and up­on the death of any surety, to put another in his stead. 566

C

  • A Certificate for payment of the subsidie. 374
  • A Clause to insert after the Reddend. that if the rent be unpaid after the day, the release to deter­mine. 643
  • A Clause to avoid survivorship of a mans wife 89

Condition.

  • A Condition for an Under Sheriff. 376
  • A Condition to surrender lands. 377
  • A Condition to cure a disease, or to repay the mony. 378
  • A Condition to stand to an award. 378
  • A Condition not to sell lands had by marriage. 380
    • To assure a sum of mony in consideration of a mar­riage. 380
    • To repay mony had with an Apprentice. 381
    • Not to demise lands without a licence. 383
    • To pay mony yearely during the life of the obli­gee. 383
    • To assure an Estate. 384
    • To procure a surety to enter bond by a day. 385
    • To pay money upon the obtaining of a Lease from the Queen. 385
    • That the lessee shall not carry away any wainscot, or windows, at the end of his Lease. 386
    • That the Deputy Atturnie shall pay costs and char­ges for all actions unlawfully prosecuted by him in the name of the grantor. 387
    • To procure a Lease for years, in consideration of a [...] sum of money. 388
    • To save one harmlesse of a bail in the Kings Bench. 389
    • To acknowledg satisfaction upon a Judgment in an Information. 39
    • [Page]For delivery of wooll. 391
    • That the Lessee shall pay the rent reserved by his Lease. 392
    • To make and deliver a release by day, at a cer­tain place. 393
    • The obligor to pay mony for wares delivered in turst to another, if he make default of pay­ment. 393
    • To assure lands after recovery had, by the means of C D. 394
    • To deliver writings to be cancelled at a day cer­tain, and place. 395
    • To repay money upon mislikeing of a bargaine in communication. 396
    • To save one harmlesse for delivery of an Inden­ture. 396
    • For a Purveyor of wheat for his Majesty 397
    • To seal a Lease by a day, according to a draught thereof already made 398
    • To procure lands to be passed in Fee simple from his Majesty, and the Patentee to convey it to the obligee by a day, be then paying the Paten­tee a sum of mony 399
    • To pay a summe of mony upon the passing of Lands, from his Majestie in Fee and to procure a survey of the woods, and to pay for them 401
    • To make an assurance of land 402
  • A Condition for non residency 403
  • A Condition to pay a summe of mony at two several payments 461
  • A Condition to pay mony within four daies after, if the parties bound in an obligation, pay it not at the day 506
  • A Condition to pay a summe of mony to children at their several ages, according to the will by which [Page] it was given, the bond being made to the executors 511
  • A Condition for payment of mony to a childe when he comes to age, and in the mean time to find it, and bring it up 512
  • A Condition of arbitrament, general and special 529
  • A Condition for the truth of an Apprentice, and to restore the value of all such goods as by proof shall appear he hath embezeled 530
  • A Condition to acknowledg satisfaction upon a judg­ment 531
  • A Condition to save harmlesse of a Bail 531
  • A Condition to make assurance upon request 532
  • A Condition to find one his diet by the yeare 540
  • A Condition for passing a Fine 569
  • A Condition to save one harmlesse of a Recognizance taken for ones appearing 570 580
  • A Condition to repay all such charges as the Te­nant shall be at, by reason of the payment of his rent, there being controversie concerning the title of the house 572
  • A Condition to discharge the Church-wardens and Pa­rishioners of a child born in the Parish 573
  • A Condition to surrender Copi-hold lands, and to cause him to be admitted Tenant 374
  • Another for quiet enjoying, and for the assurance of land 575
  • A Condition to pay a sum of mony after 10 l. per cent. if the party be living at the day of payment, if dead, to abate the interest, and some of the principal 577
  • A Condition to lend a summe of mony at a certain day nominated, for a certaine time then following, without interest 577
  • Another for payment of an Annuity 578
  • Another to pay a certain sum of mony at a day, and then to put in other sureties for payment, of another sum at a day then following 579
  • [Page]A Condition for performance of an Award 579
  • A Condition to save harmlesse for the bailing of one at two several actions 581
  • Another for payment of mony if a man be nonsuited. 582
  • Another for to pay a sum of mony at a day, and then to put in other security for the payment of another sum at a day then following 582
  • A Condition for performance of Covenants 583
  • A Condition of Arbitrament General 595
  • A Condition not to revoke a Letter of Atturnie, but to justifie all actions to be brought for the recovery of the debt 601
  • A Condition to save harmlesse a Tenant, by reason of the payment of his rent 602
  • A Condition for the delivery of certain writings, by a day to be cancelled 608
  • A Condition to save harmlesse sureties bound for the Behaviour 620
  • A Condition concerning marriage 621
  • Another concerning marriage 622
  • A Condition for the resignation of a Prebendary upon request 622
  • A Condition to pay a sum of mony at a time after the day of marriage, or hour of death, which shall first happen 632

Confirmation.

  • A Confirmation of a Lease short 146
  • A Conformation to the assignee of a Lease ibid
  • A Confirmation from the King of a Presentation. 314
  • A Conveyance out of Letters patents. 270

Covenants.

  • Covenants to set up a grate of iron to be placed about a Tombe 23
  • Covenants to hew and make an alablaster Tomb 24
  • [Page]A Covenant for further assurance 82 557
  • A Covenant to pay money yearly during a mans life 84
  • A Covenant to repay money upon eviction 118
  • A Covenant to surrender Copy-hold lands 209
  • A Covenant to sue forth a writ of Entry of a Manor 247
  • A Covenant to sue forth a Recovery in the Hustings Court London, upon a writ of right 248
  • Another for a Recovery to be passed 249
  • Another for a Recovery already passed 250
  • A Covenant to make an acquittance upon payment of money 287
  • Covenant to avoid the title of Survivorship where lands are granted to two. 329
  • Covenant, that after default of payment the possession of lands in mortgage shall be delivered to the mort­gagee, and all deeds concerning the same 526
  • Covenant for levying of a Fine 555
  • Covenant to surrender at the next Court 556
    • That the premisses are discharged of incumbrances. 558
  • Covenant, that he is lawfully seised, and hath power to demise. 559
    • that the Lessee shall not commit waste, cut nor sell the trees without the consent of the Lessor. 559

D

Deeds.

  • A Deed of Revocation very large, and very short. 230 238 442
  • Deed of Gift upon condition to be void upon the ten­der of five shillings. 216
  • Deed of gift of lands without an Indenture 282
  • [Page] Deed of feoffment for a wives Joynture 283
  • Deed of gift made to one to save him harmlesse from all Bonds 426
  • Deeds of gift 481 482 484

Defeasance.

  • A Defeazance of an obligation forfeited 28
  • A Defeazance of a Statute and obligation 29
  • A Defeazance upon a bond sued to a judgment 542
  • A Defeazance for payment of 100 li. per Annum for a time 563
    • Defeazance, see Indenture 565
  • A Demise of a lease forfeited for non-payment of Rent 112
  • A Discharge of an Apprentice from his service 569
  • A Deputation of a Bailiffe, or receiver 365
  • A Deputation of a Patent, and the form thereof 611

E

  • Extent, see Assignment 134 13 [...]

F

  • A Feoffement with a Letter of Atturnie, upon condi­tion expressed in an Indenture 301
  • A Feoffement upon condition of payment of mony 303
  • A Feoffement in part of performance of Covenants in a certain Indenture 305
  • A Feoffement with a general warranty 609
  • Fees for passing a book of 50 li. per An. &c. 352
  • Fees Touching Wards. 354 355

G

  • A Gift of ones interest in an advowson 311
  • A Gift of an advowson from the King 315
  • Another from a Bishop 316

Grant.

  • A Grant of an annuity or Rent-charge 75
  • A Grant from the Queen of the goods of one that is outlawed. 148
  • A Grant of the forfeiture of a Recognizance, acknow­ledged before two Justices of the peace to the Queens use. 153
  • A Grant of an annuity for the maintenance of an alms­house, or of an Hospital 169
  • A Grant of indenization to aliens born 279
  • A Grant of an annuity for life 285
  • A Grant of the presentation to a Vicarage 308
  • A Grant of a Presentation riciting a former gift, Extraordinary 309
  • A Grant from the King of the goods of a person out­lawed 320
  • A Grant of the Office of keeping a great House, and a Park 318
  • A Grant of a Keepership of a Park 364 416
  • A Grant of a stewardship 366
    • Of the reversion of certaine lands 445
    • Of an extent, Penned by Tho. Bromley Soli­citor 473
    • Of an advowson from the King 513
    • Of a rent reserved by Lease 548
    • Of a Receivorship from a Noble man 591
    • Of an annuity for a mans advise in Law 596

I

Indentures

  • An Indenture for marriage 155
  • An Indenture of Covenants, for the passing of a Re­covery 198
  • An Indenture for limitation of uses and estates 221
  • An Indenture between Executors, with divers Co­venants amongst themselves 239
    • Indenture of bargain and sale 288
    • Indenture of allotment of several parts of lands. 322
  • An Indenture where two have a joynt estate, upon con­dition that either of them may have an equal part in the land, or money lent, taking no benefit by Sur­vivorship 331
    • Indenture of partition 333
    • Indenture between partners 335
  • An Indenture where three have purchased land joynt­ly, that upon sale thereof, all summs of money shall be equally divided amongst them 338
  • An Indenture where a Lease is granted to three joynt Lessees, that every of them is to pay his part of the rent, and equal part in the charge of repairing, and other charges 339
    • Indenture from an Under-sheriff to the high She­riff 342
    • Indenture to sue forth a writ of entry of a Ma­nor 247
    • Indenture of an annuity 404
    • Indenture of bargain and sale of a Manor, with necessary Covenants 408
    • Indenture to leade the use of a Fine 415
    • Indenture of division between two joynt purcha­sors, with a rehearsal of their Grant 418
  • [Page]An Indenture for justifying of actions, upon setting over a Statute 458
    • Indenture between the Scavengers and the Ra­ker, for cleansing the Streets 459
    • Indenture of partition 546
    • Indenture of Covenants for passing of a recove­ry to cut off an intail 561
  • An Indenture of defeazance for the making void of all former Statutes, payment of the mony, and per­formance of Covenants 565
    • Indenture of Apprentiship 571
    • Indenture of Covenants concerning a bargain and sale of a Manor, with a Proviso 583
  • An Indenture Tripartite of Mortgage of several Te­nements in London, and a Recovery thereof had in the Hustings Court, and the uses specified 623
  • An Indenture Tripartite of settlement by Fine and Recovery 635
  • Joyntures see Assurance 430 488

L

Leases.

  • A Lease of a Cole-mine, or Cole-pit 12
    • Of a ferry 26
    • Of Tithes 36
    • Of a messuage with an increase of rent paid quarterly in the name of a Fine 40
    • Of a Manor 45
    • Of land 48
    • Of a messuage and of lands 63
    • Of lands in Exchange 68
    • Of a mill 94
  • A Lease with two rents reserved 104
    • Of a Tenement with good Covenants 108
  • [Page]A Lease upon a condition in mortgage, for Colla­teral security 115
    • For three lives, with a Recital of a former lease and several Covenants 120
    • For lives, with fine and recovery 125
    • Of a house in London 422
    • Of a house and certain lands in consideration of a sum of money, the Fee simple being in the Lessor 428
  • A Lease made in consideration of the surrender of a former Lease for a longer time, if three live so long, with good covenants 467
  • A short Lease of certain tithes, to commence after the expiration of a lease in being 480
    • Of a Farm-house, and certain lands, with neces­sary covenants 490

Letters of Atturny

  • A Letter of Atturnie to receive possession and sei­sin 304
    • To receive an annuity 307
    • To take possession of a Patentee 349
    • To deliver a Lease upon the ground, with an Indorsment thereof 356
    • To make composition for letting of lands 358
  • A general Let. of Atturney to enter and let lands. 360
  • A Letter of Atturney to take possession 357
    • To receive a debt and give a discharge 462
    • To receive rent and mony from time to time. 463
    • To receive mony due upon a bond 464
    • To enter upon lands & deliver a lease. 500 501 541 619
    • upon covenants 527
    • upon a specialty not due, with covenants to ju­stify actions 550
    • upon an extent, to enter and make leases 553
    • for setting over a bond 592
  • [Page]Another to receive a Pension out of the Exchequer. 593

Licences.

  • A Letter of Licence from creditors to debtors 369
  • A Licence for non Residence, a Qualification. 317
    • for the admission of a Chaplain into service. 318
    • to passe over sea 371
    • for a Buck & Doe for the life of the grantee. 372
    • to transport Beare 373
    • to a Butcher to sell flesh 375
  • A Liberty to make Leases 560

M

  • A Mortgage of Letters patents, and the lands thereby granted 157
  • A Mortgage of a lease for Indempnity of certain sure­ties bound in an obligation made to another in trust for their uses 435
  • A Mortgage of lands 521

O

  • Obligation see Bond.

P

  • Presentations by the King, and others to benefi­ces 312 313
  • A Proviso for payment of moneys 306
    • Proviso that if the Lessor be minded to surrender his grand lease to take a further estate in the pre­mises, then the demise to be void 499

R

  • A Recital where the Lease may not be seene 114
  • [Page] Recitall of an Indenture and Covenants of a lease for lives. 120
  • A Recognizance from one to one 543
    • from two to one 544
    • taken by a Justice of peace for appearance 474
  • A Refeoffment upon a deed of feoffment for a wives Jointure. 384

Release.

  • A Release of a proviso or condition for payment of mo­ny reserved upon an indenture of bargain & sale. 251
  • A Release where three have a joint estate of inher. 253
    • of an assignment made upon condition 255
    • Of a Mannor 256
    • of a rent reserved in a pair of articles of agree­ment 258
    • of a condition in an Indenture of bargain and sale, with the proviso recited 261
    • of an annuitie 262
    • Of the condition and other covenants in an inden­ture of Mortgage, with a confirmation from the Mortgager to the Mortgagee 263
    • Of errors, in passing a Fine and Recovery, and o­ther assurance 267
  • A Release from one patentee to another 296
    • From one purchasor to another 298
    • Of lands mortgaged 439
  • A generall Release 452, 464
  • A Release to one that hath lost the counterpart of his Lease 452
    • Of fines and forfeitures due to the King, and the Informer upon the Statute of Recusancy. 454
    • From one used in trust of all the benefits he might claim by vertue of any covenants in the inden­ture 456
    • Of an annuitie 477
    • Of a Dower. 485
  • [Page]A Release to one that hath lost his articles of agree­ment 486
  • A Release taken from one used in trust 539
    • Of lands in performance of articles 606
    • For waste done 617
    • Of Errors in a Fine 632
    • Of all right &c. in lands to him in possession. 633
  • A Revocation of a suit. 545

S

  • A Sale of an apprentices Indenture and term of years. 295
  • A Sale of a moity of rent reserved by lease. 514

Surrender.

  • A Surrender to the King of a Lease for years. 274
    • Of a lease for lives to the King 276
    • Of the Captainship of a Castle 475
    • Of a lease, for obtaining of a new lease 544

W

  • A Warrant to the Auditors for making particulars from the Lord Treasurer 347
  • A Warrant from the King for a lease in reversion. 351
  • A Will, and the form and preamble thereof 487
FINIS.

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