come and unexpired Use Possession Reversion Property Claim and Demand of in to the same unto the said T. J. his Heirs Executors Administrators and Assigns from henceforth from and during and unto the full end and expiration of the time and term of years yet to come and unexpired granted unto the said F. R. by the said T. J. by his Indenture of Lease bearing date c. in as large and ample manner to all intents and purposes whatsoever as he the said F. R. should or might have held and enjoy'd the same if this present Surrender of Release had never been hereof had or made In witness c. An Acquittance for Receipt of Money upon a Sale REceived the c. in the year of c. by me c. of R. C. of c. the full sum of c. of lawful money c. being the consideration and in full satisfaction of and for all that c. now bargained and sold by me the said T. W. to the said R. C. and his Heirs by Indenture bearing date the day of the date above-written made between c. of which said sum of c. I the said T. W. do acquit and discharge the said R. C. his Heires Executors and Administrators for ever by these presents In witness c. A Warrant to a Proctor by the Son to permit a Stranger to Administer upon his Fathers Estate KNow all men by these Presents That I R. D. of the age of 15 years but under the age of 21 years Son of A. B. and C. B. both late of and in the County c. deceased do elect and choose T.H. of c. my Curator or Guardian to take Administration of the Goods of my said Father left unadministred by my said Mother for my benefit during my minority and to all other effect of Law whatsoever and I do give power and authority to Mr. T. M. and Mr. T. C. Proctors of the Court for Probate of Wills and granting Administrations joyntly and severally to appear for me before the Judges for Probate of Wills and granting Administration lawfully authorized and in my Name to pray and obtain the said T. H. to be assigned my Curator or Guardian as aforesaid and what they or either of them shall do herein I do promise to hold firm for ever by these Presents In witness c. A Warrant to an Executor KNow all men by these Presents That whereas R. C. late of c. in the c. Widow the Relict and Administratrix of the Goods of T. C. late of the same place deceased made her last Will and Testament in Writing bearing date c. and therein made and named P. D. of c. Now I E. C. eldest Son of the said T. C. deceased and R. C. his wife deceased to consent that the said P. D. do prove the said Will and take upon him the execution thereof and administration of her Goods of my said Fathers Goods she left behind her at her death unadministred for the benefit of me and my Brother W. C. In witness c. A Condition of a Recognizance to pay Costs in Chancery THe Condition of this Recognizance is such That if the above bound R. C. being Plaintiff in the said Court of Chancery against R. M. and T. N. Defendants shall pay such Costs to the said Defendants without Suit as the Court of Chancery shall award if they shall see cause to award any This Recognizance to be void and of no effect or else to stand and be in full force power and vertue Acknowledged by the Recognizor the 10th day of January and in the 15th year c. before me JOHN GOOD An Assignment of a Lease by Indorsement MEmorandum That the within named T. R. towards satisfaction of 20 li. by me now due and owing unto S. H. Geâ—â— have granted a signed and set over and do hereby grant assign and set over unto the said S. H. his Executors Administrators and Assigns as well this present Indenture all the Messuage or Tenement and Hereditaments within mentioned to be demised as also my Estate Right Title and Interest of into the same either by force vertue or means of this present Indenture or otherwise howsoever Witness my Hand and Seal the 4th day c. An Exchange by Indenture of Bargain and Sale with Livery of Seisin THis Indenture made c. Between c. Witnesseth That the said A. B. hath granted bargained and sold and by these Presents doth grant bargain and sell unto the said C. D. all that acre of Land c. To have and to hold unto the said C. D. his Heirs and Assigns for ever to be holden of the chief Lord or Lords of the Fee or Fees thereof c. And the said C. D. in consideration thereof hath granted bargained and sold and by these Presents doth grant bargain and self unto the said A. B. c. all that Acre of Land c. To have and to hold c. to be holden of c. a Covenant from each party that they have power to sell and are seised in Fee c. a Proâ—iso That if either party shall be lawfully evicted of either of the said Acres by any former Sale Then this Deed of Bargain and Sale and Exchange to be void And then it shall be lawful to re-enter and the same to have again c. A Defeazance upon a Judgment with a Release of Errours THis Indenture made c. Between c. of c. of the one part and C. D. of c. of the other part witnesseth That whereas the said A. E. in this present Michaelmas-Term hath recovered a judgment against the said C. D. in the Court of Common-Bench at Westminster for 200 li. Debt besides Costs of Suit as by the Records thereof remaining in the said Court more at large it may and doth appear Nevertheless the said A. is contented and pleased and by these Presents doth covenant and grant for him his Executors and Administrators to and with the said C. D. his Heirs Executors Administrators or Assigns That if the said C. D. his Heirs Executors Administrators or Assigns or any of them 〈…〉 shall well and truly pay or cause to be paid unto the said A. B. his Executors Administrators or Assigns the full sum of 100 li of lawful money of England on the day of c. which shall be in the c. That then he the said A. B. his Executors Administrators and Assigns shall will upon reasonable request and at the Costs Charges of the said C. D. his Executors or Assigns acknowledge or cause to be acknowledged satisfaction upon Records of and for the said Judgment and the Debt and Damages thereby recovered and shall not nor will not take out or cause to be taken out any Execution or Executions upon the said Judgment against the said C. D. his Heirs Executors or Administrators or any of them or against his or their
that and whatsoever our said Attorney shall lawfully do or cause to be done in our Names concerning the Premises In witness c. A Declaration of an Obligee that his Name is used in Trust TO all c. H. P. of c. sendeth Greeting Whereas H. A. of c. by his Obligation bearing date c. standeth bound unto the said H.P. his Executors Administrators and Assigns in the sum of c. conditioned for the payment of c. upon the c. as by the said Obligation may more fully appear Now know ye That the said H. P. doth hereby acknowledge and confess That the said Obligation is so taken in his Name onely upon Trust for the onely proper use and behoof of G. F. of c. his Executors and Administrators And that the Moneys secured by the said Obligation were the proper moneys of the said G. F. In witness c. An Indenture being a Defeazance of an Assignment of a Bond. THis Indenture c. between A.B. of the one part and G.D. of c. of the other part Whereas the said C.D. is and now standeth really indebted unto the said A.B. by his Bill Obligatory bearing date c. in the full sum of c. to be paid c. And whereas R. G. of c. by his Obligation bearing date c. became bound to the said C.D. in his penal sum of c. with Condition there under-written for the said R. G. paying unto the said C.D. his Executors Administrators and Assigns the sum of c. upon c. as by the said Bond more at large may appear And whereas the said C.D. hath by Writing under his Hand and Seal bearing date c. constituted and appointed the said A.B. to be the said C. D's lawful Attorney in his stead and Name but to the use of the said A.B. to ask levy recover demand and receive the money due on the said Bond when it shall become payable as by the said Letter of Attorney among other things therein contained may appear Now this Indenture witnesseth and it is the true intent and meaning of the Parties to these Presents That the said Letter of Attorney so made by the said C.D. to the said A.B. as aforesaid is and is hereby declared to be made for the said A.B. farther and better security of the said sum of c. so owing from the said C.D. to the said A.B. as aforesaid And the said A.B. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said C.D. his Executors and Administrators and to and with every of them by these Presents That if the said C. D. his Heirs Executors and Administrators or any of them do and shall well and truly pay or cause to be paid unto the said A. B his Executors Administrators or Asigns the said sum of c. of lawful money of England at or upon the c. that then upon Receipt thereof he the said A.B. his Executors Administrators or Assigns shall and will deliver up the said Letter of Attorney and the Bond aforesaid whole and uncancelled unto the said C D. his Executors Administrators or Assigns Any thing in the said Letter of Attorney contained to the contrary thereof in any wise notwithstanding In witness c. A Surrender of the Lessees Term to be Endorsed on the Lease KNow all men by these Presents That the within named G. F. of c. hath granted assigned surrendred and yielded up and by these Presents doth grant assign surrender and yield up unto the within named H.P. of c. all that the Mannor c. prout in the Lease and all other the Premises within demised or mentioned to be demised by the said H.P. unto the said G.F. And also all the Estate Right Title Interest Property Claim and Demand whatsoever of him the said G. F. of in or to the said Mannor or Premises or of in or to any part thereof To have and to hold the same unto the said H. P. his Heirs and Assigns to do therewith at his and their free will and pleasure In witness c. A Letter of Attorney to receive Money decreed in Chancery KNow all men by these Presents That I H. P. of c. for divers good Causes and Considerations me thereunto moving Have made constituted and appointed by these Presents do make constitute and appoint G.F. of c. my true and lawful Attorney for me and in my Name and for my use to ask demand and receive of J. B. of c. all that sum of 1000 li. of lawful money of England which by a Decree made in the high-High-Court of Chancery in a Cause there depending between me the said H. P. Complainant and the said J. B. Defendant bearing date c. he the said J.B. is to pay unto me and upon Receipt of the said sum of 1000 li. to give and deliver unto him the said J. B. one Acquittance or Release bearing date the day of the date hereof made sealed and delivered to me to their use testifying the Receipt thereof and in full of all Demands touching the same Giving and by these Presents granting unto the said G. F. full power and lawful authority for me and in my name stead and place to do or cause to be done all and every such other act and acts thing and things as shall be requisite or needful to be done in the Premises in as full and ample manner as if I my self were at the doing thereof personally present ratifying and confirming all and whatsoever my said Attorney shall lawfully do or cause to be done in or about the Premises In witness c. A Discharge for Money Decreed in Chancery KNow all men by these Presents That I H. P. of c. do hereby acknowledge to have had and Received of I. B. of c. the full sum of 1000 li. of lawful money of England adjudged to be paid unto me by a Decree made in the high-High-Court of Chancery the first day of c. in a Cause there depending between me the said H. P. Complainant and the said I. B. Defendant being in full of all Matters in Question and Demand in the said Causes And I do for my self my Executors and Administrators acquit release and discharge the said I. B. his Executors and Administrators of and from the said 1000 li. and every part thereof and of and from all Interest Damages and other Demands for touching or concerning the same In witness c. A Bond to the KING NOverint universi per praesentes me H. P. de c. teneri farmiter Obligari Serenissimo Principi Domino nostro Carolo secundo Dei Gratia Angliae Scotiae Franciae Hiberniae Regi Fidei Defensor in mille libr. legalis moneta Angliae Solvend eidem Domino Regi Haered vel Successor suis Ad quam quidem solutionem bene fideliter faciend obligo me heredes Execut.
TO THE READER HOw profitable it is to observe those Forms which the Law approves daily Experience doth sufficiently demonstrate for that hereby all Assurances are rendred plain and manifest to every Capacity and fortified against all exceptions But the captious Age wherein we live that so busily examines and eagerly pursues all advantages and shifts whatsoever will certainly drive every man to his just Defence and make this Book as welcome as it is undoubtedly necessary Here is presented to thy Hand a faithful Collection of Presidents of all sorts which for the variety will fit every Mans Occasions and for the clearness will be useful to any Vnderstanding who may at all times readily find these sound Instructions If either the distance of his Abode the haste of his Business or any other cause do withhold him from further Advice For those Instruments which are usually drawn in Latin here you shall find the proper Cases both for the Names of the Persons their Additions the Sums of Money with the Day of the Date only observing this throughout the Work if A be bound to B then is A the Obligor and B the Obligee and if A acknowledge a Recognisance to B then is A the Conusor and B the Conusee And in this Fourth Impression to compleat the Design that was intended by this Book are added the best Presidents of all manner of Concords of Fines and Directions how to sue out a Fine with many remarkable Observations therein will appear Also Directions of Writs of Habeas Corpus Writs of Errour c. To the inferiour Courts in the several Cities Burroughs Hundreds and Bailywicks of England and the respective Mayors Bailiffs and Governors thereof for default whereof and errour wherein so many Non-suits do daily happen and Writs of Error are afterwards brought to the indangering of the whole Cause and perplexity and vexation of the Client which all ingenious Practisers as they desire so here are rightly instructed how to avoid There is also a Supplement to the Names both of Men and Women with their several Trades and Imployments rendred into Latin so that nothing is wanting to answer every Occurrence or Emergent Occasion whatsoever of this nature Hereby it will not be easie to mistake and cheaper than this no man can purchase greater quiet and security Farewell J. H. THE TABLE A. ATtornment of Tenants to be endorsed on a deed Page 13 An Affidavit that a man is seised in Fee free of all Incumbrances ibid. Acquittance for the consideration of Money in an Indenture and a Release of the Estate Page 54 An Assignment of an Annuity for years granted out of a Lease for years Page 58 Attornment of Tenants Page 64 Another of the same ibid. An Acquittance for receipt of money upon a Sale Page 67 Articles of Agreement for enjoyment of a quiet Lease as Tenants in Common Page 42 An Acquittance for the Redemption of a Mortgage Page 46 For Rent ibid. For a Legacy for Money received to pay to another Page 47 An Assignment of a Lease by Endorsment Page 69 An Assignment of a Mortgage by Endorsement by a Friend in Trust for one that purchased the same to keep it in force Page 71 An Acquittance and Receipt for a Legacy given by will to the Executor thereof ibid. An Affidavit that Lands are free from all Incumbrances Page 72 An Assignment of a Bond with a Letter of Attorney verbatim as in the Bond An Acquittance for part of a Debt An Affidavit the form B. BIshopricks in order Page 149 A Bond to the King Page 81 A Bill of Sale of Goods to be void upon payment of a sum of money with Interest Page 24 Single without a penalty Page 25 A single penal Bill Page 26 C. A condition from One to One to pay a sum of money at several payments without a Clause if any payment be unpaid the Bond to be forfeited Page 14 A Condition of a Bond of Arbitration from Two to Two without an Umpire Page 15 A Condition of a single Bond of Arbitration without an Umpire Page 16 Of a double Bond to pay a sum of money at several payments with a Clause if any payment be behind the Bond to be forfeited Page 17 Of a single Bond to pay a sum of money at a place certain Page 18 Of a single Bond to pay a sum of money without a place certain ibid. Of a treble Bond to pay a sum of money at one payment Page 19 Of a double Bond to pay a sum of money at a place certain ibid. Of a Counterbond from two to a third person who was bound with them Page 20 Of a Counter-bond from one to one Page 21 To perform Covenants in Articles of Agreement Page 22 To perform the Covenants in an Indenture ibid. To stand by the Award of Arbitrators with an Umpire certain nominated Page 26 A Charter-part of an Affraight Page 38 A Covenant from an infant to engage him to execute a Conveyance at age Page 50 A Condition of a Recognisance to pay Costs in Chancery Page 68 A Condition to seal a Deed by a certain day and perform the Covenants therein Page 47 A Condition that the Heir shall enter into Bond at his full age to pay another Page 48 That the Administrator not present shall seal a Deed Page 49 A Declaration of an Obligee that his Name is used in trust Page 84 A Codicil to a Will Page 88 Cities Page 151 Counties Page 152 153 D. DEed of Gift Page 27 Defeazance of a Statute for performance of Covenant Page 52 A Declaration that money lent in one mans Name is the proper moneys of another Page 55 A Discharge of a Bill the Bill being lost Page 65 A Defeazance upon a Judgment with a release of Errours Page 70 A Defeazance upon a Statute Staple for payment of money Page 74 A Discharge of money decreed in Chancery Page 80 To Trustees for money by them received Page 81 A Deed of Feoffment upon a Sale Page 83 A Deed to declare that the Name of the Obligee in an Obligation is used in trust for another Page 84 The several Dates for Bonds Page 15 156 Directions for suing out of Fines and making the Concords thereof with several necessary Notes thereupon Page 89 Directions for Writs Page 169 E. AN Exchange by an Indenture of bargain and sale with Livery and Seisin Page 69 F. THe form of a Will A Fine from one to one of a Messuage and Garden A Fine from a man and his Wife to one Cognisee of two Messuages one Yard one Back-side c. ibid. A Fine for two Cognisors or the wife of one of them to two Cognisee of Messuages Barns Gardens Orchards Lands Meadows Pasture Common of Pasture for all manner of Cattel Page 92 A Fine by a Knight and his wife to an Archbishop and another of their Mannors Messuages c. the Advowsance of a Church and view of a Frank pledge with General
whole and so â—â—â—on thereof to taâ—e to make seal dâ—â—â—â—er in my name any Lease or â—â—â—es of Ejectment thereupon for any term or number of years as in such Cases is â—â—ital to taâ—e use all lawful ways or means for recovery of the Premises And to pay any sum or sums of money and to contâ—â—ct for set â—ot bargain and sell all or any of my Mesiâ—â—ges Lands Tenements or Hereditaments Goods Charâ—els or Estate whatsoever for any term or number of years or otherwise as he shall think sit to sue implead make answer presecute and desend in any Court or Courts of Law or Eqiâ—ty and before any Judge or Justices or other person or persons in any Suit Action Maâ—ter or Cause with me for me or against me as the Cause shall require and to deal and intermeddle in any Actions Suits Aâ—airs and Eusiâ—eâ—â—es any way touching or concerning me as may Agent or Factor or otherwise giving and by these Presâ—â—ts granting unto my said Attorneys my full and whole Power and lawful Authority in the execution and perâ—oâ—mance of all and singular the Premises and to make my Composition or Agreement for and concerning the Prâ—â—nises and to make seal and deliver or otherwise execute any Acquittance or Acquittances or other sufficient discharges or Releases concerning the Premises or any part thereof for me and in my name or otherwise as the Cause shall require and Attorneys one or more for the purposes aforesaid or any of them under them to make and again at their pleasure to revoke and generally to so accomplish determine and execute all and every such further and other lawful and reasonable act and acts thing and things devise and devises whatsoever which in or about the premises shall be unto my said Attorneys thought fit to be done as fully and amply in every respect as I my self might or could do if I my self were personally persent ratifying and allowing for firm and effectual all that and whatsoever my said Attorneys shall lawfully do or cause to be done in my name or otherwise by force hereof In witness c. A Charter-party of an Affraightment IN the Name of God Amen This Charter-party of Affraightment indented made and agreed upon the c. Anno Domini 1663 and in the fifteenth year of the Reign of c. Between James Wakefield of Deal in the County of Kent Mariner part-owner of the good Barque or Vessel called the c. of the Portage or Burden of Fourty Tuns or thereabouts now riding at Anchor in the River of Thames within the Port of London and Master under God of the said Barque or Vessel for her now intended Voyage on the one part and Thomas Chapman of London Merchant of the other part WITNESSETH That the said party-owner and Master for and on the behalf of himself and the rest of the owners of the said Barque or Vessel Hath granted and let to Fraight the said Barque or Vessel unto the said Merchant and the said Merchant hath hired the said Barque or Vessel for a Voyage with her to be made in manner and form following That is to say The said J W for himself his Executors and Administrators doth covenant promise and grant to and with the said T C his Executors and Administrators by these presents That the said Barque or Vessel with the first wind and weather that God shall send after the tenth day of this instant January shall depart from the said Port of London with such lawful Goods and Merchandizes as it shall please the said T C or his Assigns in the mean time to lade aboard her and that it shall be lawful to and for the said T C his Factors and Assigns in the mean time to lade aboard her all such lawful Goods and Merchandises as he or they shall think sit which she may reasonably carry and stow over and above her Victuals Tackle and Apparel and that the said Barque or Vessel shall by Gods grace directly as wind and weather will serve sail unto the Port or Harbour of Dublin in Ireland and there deliver unto the said T C his Executors Administrators Factors or Assignes all such Goods and Merchandizes as shall be laden aboard of her by the said T C his Executors Administrators Factors or Assignes dry and well conditioned danger of the Seas Fire Enemies and Imbargo of Princes onely excepted And after her clearing and right discharge of such Goods as she shall receive into her within the said Port of London shall receive into her at the Port of Dublin aforesaid her full lading in such lawful Goods and Merchandizes as it shall please the said T C his Executors Administrators Factors or Assignes to lade or cause to be laden aboard her and after such her full lading at Dublin aforesaid shall directly sail as wind and weather will permit to the said Port or Harbour of the City of London and there deliver unto the said T C his Executors Administrators Factors or Assignes within the space of seven working days hereafter mentioned the said Goods and Merchandizes so received into her at Dublin aforesaid dry and well-conditioned and make a right Discharge and end of the said Voyage the perils of the Seas Fire Enemies and Imbargo of Princes onely excepted And that the said Barque or Vessel after her arrival at Dublin aforesaid shall stay at anchor there for her unlading re-lading as aforesaid thirty working-days and shall stay at an Anchor at the said Port of London after her return again and arrival here from Dublin aforesaid by the space of seven working-days for the delivery of the said Goods so to be laden aboard of her at Dublin aforesaid And the said T C for himself his Executors and Administrators doth further covenant promise and grant to and with the said J W his Executors and Administrators and also warrant by these presents that the said Barque or Vessel at her departure from the said River of Thames and during the said Voyage shall be strong and staunch and well and sufficiently victualled tackled and apparelled and furnished with Masts Sails Sail-yards Anchors Cables Ropes Cords Tackle Apparel Boat and all other Furniture whatsoever requisite or needful for such a Barque or Vessel for such a Voyage together with an able Master and three sufficient able Sea-men and two Boys which shall be ready at all times upon every request with the Coket-boat of the said Ship to serve the said T. C. his Executors Administrators Factors and Assigns to and from I and during the said Voyage And the said T. C. for himself his Executors and Administrators doth covenant and grant to and with the said I.W. his Executors and Administrators not only to un-lade relade and dispatch away the said Bark or Vessel at and from Dublin and London aforesaid within the time and times before therefore limited agreed upon but also for the Fraight or Hire of the said Barque or Vessel for
contained and expressed in the said several Indentures and every of them upon a Proviso express agreement and Covenant nevertheless in the said Indenture of Assignment contained That in lieu and further satisfaction or consideration of the said agreement he the said â— B. his Executors Administrators Assigns should would pay or cause to be paid unto the said M.L. his Executors and Assigns for and during all the rest and residue of the said terms of 21 years 13 years granted as aforesaid by the said J.T. and to the end of the said term of 13 years being the longest term of those Leases as being in reversion after the said 21 years should be expired as aforesaid yearly every year the sum of 26 li. of lawful money c. at the four most usual Feasts in the year that is â—ay at the Feasts c. or within 14 dayes next after every of the said Feasts by even portions the first payment thereof to be made in the c. or within 14 days then next ensuing with a Clause of Entry and Distress if it should happen the said yearly Rent or Sum of 25 li. or any part thereof to be behind and unpaid by the space of 14 days next after any Feast or Term of payment thereof above-limited in which the same ought to be paid being at the said great Messuage called the White Lyon lawfully demanded And with a Clause that the said last-recited Indenture the Assignment therein contained should be utterly void and re-entry if it should fall out that no sufficient Distress should be there found or that the same could not be come at to be distrained after the said 14 days should be expired and the said payments respectively should be unsatisfied at the end of one Month next after any Feast or Term of payment thereof aforesaid in which the same ought to be paid being at the same Messuage called the White Lyon lawfully demanded at the end of the said Moneth as in by the said last recited Indenture relation being thereunto had may more at large appear All the Estate Right Title Interest of which the said M.L. of in the said annuity or yearly sum or 26 li. is now by good and sufficient Conveyance and assurance in Law come unto setled and vested in the said K. L. and W. S. or one of them Now know ye That for and in consideration of the sum of c. to the said K. L. in hand paid by E.D. of c. before the sealing and delivery of these Presents and of 6 d. of like money to the said W.S. in hand also paid by the said E.D. before the sealing delivery of these Presents whereof they do hereby severally and respectively acknowledge the Receipt thereof do severally and respectively acquit and discharge the said E. D. her Executors and Administrators for ever by these Presents They the said K. L. and W. S. have and either of them hath bargained fold released assigned and set over and by these Presents do and either of them doth fully freely and absolutely bargain sell release and assign and set over and for ever quit-claim unto the said E. D. her Executors Administrators and Assigns as well of the said annuity or yearly sum of 26 li. as also all the Estate Right Title Interest Power of Distress Re-entry Claim and Demand whatsoever which they the said K. L. and W. S. or either of them have or hath or in any wise might should or ought to have of into and for the said annuity or yearly sum of 25 li. or any part or parcel thereof in or unto the said Messuages or Tenements and Premises or any part thereof by force vertue or means of the said several recited Indentures or otherwise whatsoever To have take perceive receive and enjoy the said annuity or yearly sum of 26 li. and Premises hereby mentioned to be assigned unto the said E. D. her Executors Administrators and Assigns to her and their own proper use uses forthwards for and during all the rest and residue now to come and unexpired of the said term of thirteen years And the said K.L. for her self c. doth covenant promise and grant to with the said E.D. her Executors Administrators and Assigns by these Presents That the said E.D. her Executors Administrators Assigns shall or may from time to time at all times hereafter during all the rest residue now to come and unexpired of the said term of 13 years fully peaceably quietly have take perceive receive enjoy to for her their own proper use uses the said annuity or yearly sum of 26 li. Permises hereby mentioned to be assigned and every part thereof without any lawful let suit trouble molestation release discharge or interruption of or by the said K.L. her Executors Administrators or Assigns or any of them or of or by any other person or persons whatsoever lawfully claiming or to claim by from or under them or any of them by from or under the said M.L. In witness c. A Letter of Attorney from the Husband to the Wife upon his Voyage BE known unto all men by these Presents That I A.B. of c. Esq do hereby assign ordain authorize constitute and in my stead and place do put appoint and depute my loving Wife C.B. to be my true and lawful Deputy and Attorney for me and in my Name and to my own proper use benefit and behoof to ask demand and require sue for recover and receive all such Debts Duties Sum and Sums of Money Rent and Rents and Arrearages of Rent and Rents yearly payments Merchandizes Legacies money due and to be due upon Bill of Exchange or all other demands whatsoever as now are or hereafter shall be due and payable or belonging or to be delivered unto me by or from any person or persons whatsoever or wheresoever to pay money for me and to contract for demise and let to Farm at the accustomed Rents or more all or any of my Messuages Lands tenements or Hereditaments whatsoever and for default of payment or delivery of any Rent or Rents or other sum of Money or other thing or things to me due or to be due or belonging to use all lawful wayes means for recovery thereof be Action Suit Arrest Bill Plaint Attachment Distress Re-entry or otherwise as fully and amply in every respect as I my self might or could do if I were personally present and to sue implead make answer prosecute and desend in any Court or Courts of Law or Equity and before any Judges or Justices in any Suit Matter or Cause with me for me or against me as the Cause shall require and to deal intermeddle in all Actions Suits Aflairs and Businesses any ways touching or concerning me as my Agent or Factor or otherwise giving and by these Presents granting unto my said Attorney full and whole and lawful
same and to acquit discharge and deliver up the said several Obligations as fully in every respect as I might or could do if I were personally present In Witness c. A Form of a Will IN the Name of God Anem I A. B. of c. being in good health of Body and of sound and perfect Mind and Memory Praise be therefore given to Almighty God do make and ordain this my Present Last Will and Tistament in manner and form following that is to say First and principally I commend my Soul into the Hands of Almighty God hoping through the Merits Death and Passion of my Saviour Jesus Christ to have full and free Pardon and Forgiveness of all my Sins and to inherit everlasting Life and my Body I commit to the Earth to be decently buried at the discretion of my Executor hereafter named And as touching the disposition of all such Temporal Estate as it hath pleased Almighty God to bestow upon me I give and dispose thereof as followeth First I will That my Debts and Funeral-Charges shall be paid and discharged Item I give unto c. here set down all your Legacies that you intend to give and then write All the rest and residue of my personal Estate Goods and Chattels whatsoever I do give and bequeath unto my loving c. here name the person full and sole Executor of this my last will and Testament And I desire that my Body may be buried in the c. And I do hereby revoke disanul and make void all former Wills and Testaments by me heretofore made In witnâ—ss whereof I the said A. B. to this my last Will and Testament bâ—ing containâ—d in five Sheets of â—aper set my Hand to the top and last Sheet thereof yet my Seal the c. In the year c. A Codicil or Schedule to a Will BE it known unto all Men by these presents That whereas I A. B. of c. have made and declared my last Will and Testament in writing bearing date c. I the said A.B. do by this present Codicil confirm and ratifie my said last Will and Testament and do give and bequeath unto I. E. of c. the sum of c. and my will and meaning is That this Codicil or Schedule be and be adjudged to be part and parcel of my said last Will and Testament and that all things herein contained and mentioned be faithfully and truly performed and as fully and amply in every respect as if the same were so declared and set down in my said last Will and Testament In witness c. The Form of an Affidavit INter R. L. quer R. R. Defend in ejectione firmae de duobus Messuagiis c. in c. A. B. maketh Oath That he this deponent upon the 20th day of January now last past did deliver unto R. C. who was then Tenant in possession of the Tenements above-mentioned a Copy of a Declaration made by the Plaintiff against the Defendant in this Cause whereupon there was written as followeth or to the same effect R. C. this Declaration is for Tryal of the Plaintiffs Title c. verbatim as on the back of the Declaration Directions for suing out Fines and making the Concords thereof with several necessary Notes thereupon IT is called a Fine Et Finalis concordia quia imponit sinem litibus Fines are Instruments of Record of Agreements concerning Lands or other Hereditaments made most usually upon Writs of Covenant in the Court of Common-Pleas and are of such force and efficacy in Law that they are perpetual Barrs to all Parties to the same Fines and Estrangers not prosecuting their Right in due time He who acknowledgeth the Fine is called the Conusor and he to whom the Fine is levied is called the Conusee If the use of a Fine be not declared before nor after the Fine levied it shall be intended to the use of the Conutor and his Heirs Infants that is all persons under the age of one and twenty years ought to have special care how they levy Fines for unless they be reversed by the Infants themselves before they come of Age they are good If a married Woman under Age levy a Fine of her own Lands she may not reverse it unless her Husband dye before she come to full age If a married woman levy a Fine of her Joynture she will thereby lose both that and her Thirds if the Joynture were well setled before marriage It is requisite that either the Conusor or the Conusee be seized of the Land in the Fine at the time of levying thereof otherwise the Fine is void Persons Outlawed or waved in personal Actions may alien by Fine To sue out a Fine by Dedimus potestat to Commissioners in the County you are first to draw your Praecipe of the Writ of Covenant in Paper and then write under your Commissioners Names four or more whereof one is to be a Knight thus S. ss Pr. A. B. quod juste c. teneat C. D. con c. de uno Messuagio uno Horreo uno Gardino decem acris ter cum pertin in E. De. po F. D. Militi H. I. L. M. N. O. P. Q. generosis Carry this to the Cursitor of the same County and he will make your Dedimus Potestatem to take the Fine When you have your Ded. Pot. then make ready your Concord to be fairly ingrossed in Parchment and see that the Land be exactly named as in the Dedimus The Forms of which Concords next follow A Fine from One to One of a Messuage and Garden PRaecipe A. B. quod juste Sussex ss c. teneat C. D. con c. de uno Messuagio uno Gardino cum pertin in M. E. nisi c. Et est Concordia talis scilicet quod praedict A. recogn praedict tenementa cum pertin esse jus ipsius C. ut illa quae idem C. habet de dono praed A. Et illa remisit quiet clam de ipso A. haered suis praefat C. haered suis in perpetuum Et praeterea idem A. concessit pro se haered suis quod ipse warrant praefat C. haered suis praedicta tenementa cum pertin contra ipsum A. haered suos in perpetuum Et pro hac c. A Fine from a Man and his Wife to one Conusee of two Messuages one Yard or Back-side one Garden Land Meadow and Pasture Southt ss PR Henr. B. Mariae uxori ejus quod juste c. teneant Johanni B. con c. de duobus Messuagiis uno curtilagio uno Gardino decem Acris Terrae quinque Acris prati sex Acris Pasturae cum pertin in M. Et nisi c. Et est Concordia talis scilicet quod praed H. Mariae recogn praedict tenementa cum pertin esse jus ipsius Johannis ut illa quae idem Johannes habet de dono praedict Henr. Maria. Et illa remiser