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A69811 The scrivener's guide being choice and approved forms of presidents of all sorts of business now in use and practice, in a much better method than any yet printed, being useful for all gentlemen, but chiefly for those who practice the law, viz. assignments, articles of agreement, acquittances, bargains and sale, bills, conditions, copartnerships, covenants, deeds, defeazances, grants, joyntures, indentures, letters of attorny, licenses, obligations, provisoes, presidents for parish business, releases, revocations, wills, warrants of attorny, &c. / by Nicholas Cobert ... Covert, Nicholas.; Bohun, William. 1700 (1700) Wing C6633A; ESTC R9889 290,539 478

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their Heirs according to the true intent and meaning of these presents and the parties thereunto And it is further covenanted concluded and agreed by and between all the said parties to these presents and every of them for themselves and their and every of their Heirs Executors and Assigns That they the said J. F. and F. J. shall and will permit and suffer the said C. B. before the c. next ensuing the date hereof by Writ or Writs of Entry sur disseizin in le post to be sued forth and obtained out of his Majesty's High Court of Chancery and returnable before his Majesty's Justices of the Court of Common Pleas in the name of the said C. R. Demandant against the said J.F. and F. J. being Tenants to recover to him and his Heirs in due form of Law according to the course of Common Recoveries for assuring of Lands Tenements and Hereditaments against the said J. F. and F. J. and the Survivor of them then Tenant or Tenants of the Premisses all and every the said c. with the Appurtenances by some name or names in the said Writ and Recovery to be mentioned Or thus by such name or names and under such number and contents of Acres and in such manner and form as shall be be advised by the Counsel of the said C. R. unto which said Writ of Entry so to be brought as aforesaid the said J. F. and F. J. shall appear gratis And then and there immediately after appearance and defence made shall and will in the said Action Vouch to Warranty the said R. C. and C. his Wife who shall likewise appear gratis and vouch to warranty the Common Vouchee who shall also appear imparle and make defalu● whereby a perfect Judgment may be had and given against the said J. F. and F. J. and for the said J. F. and F. J. to recover against the said R. C. and C. his Wife And for the said R. C. and C. his Wife to recover in value against the Common Vouchee so that a good and perfect Recovery with double Voucher may be had and Execution be had and made thereof c. A Covenant to suffer a Recovery with double Voucher the Tenant to the Precipe being already made by Deed. THis Indenture made c. Between R. C. of the first part C. R. of the second part and J. F. of the third Part witnesseth That for divers good causes and considerations it is covenanted granted concluded and agreed by and between all the said parties to these presents in manner and form following That the said J. F. shall before the end of next Hillary Term purchase and sue forth out of the High Court of Chancery one original Writ of Entry sur disseizin in le post against the said C. R. returnable before the Justices of his Majesty's Court of Common Pleas at Westminster at a day certain in the said Writ to be mentioned And by the said Writ shall demand against the said C. R. all that c. setting forth the particulars and where situate By such names qualities and numbers of Acres as by the said J. F. and his Counsel learned in the Law shall be devised advised or required unto which said Writ the said C. R. shall appear gratis and take upon him the tenancy of all and every the said c. and other the Premisses with the Appurtenances And shall vouch to warranty the said R. C. who shall appear gratis and vouch to warranty the Common Vouchee who shall likewise appear gratis and enter into the warranty and after imparlance make default in contempt of the Court so that Judgment shall be given that the said J.F. shall recover the said c. in the said Writ to be contained against the said C. R. And that the said C. R. shall recover over in value against the common Vouchee And that Execution of the said Recovery so to be had shall be made according to the form of Common Recoveries in such cases used and accustomed And that the said J. F. C. R. and R. C. and every of them shall and will do execute perform and suffer all and every such Act and Acts thing and things whatsoever as shall be necessary and expedient for the prosecution of the said Recovery and the Execution thereof according to the form and order of Common Recoveries with double Voucher in such cases used A Bargain a Sale to make a Tenant to the Praecipe THis Indenture made the c. Between R. C. of the one part and C. R. of the other part witnesseth that the said R. C. for and in consideration of five shillings of lawful Mony of England to him in hand paid before the sealing and delivery hereof by the said C. R. the receipt whereof the said R. C. doth acknowledge And to the end and purpose that the said C. R. may become and be made a perfect Tenant to a Praecipe against whom a Common Recovery may be had of the Mannor and Lands hereafter mentioned Hath granted bargained and sold And by these Presents doth for him and his Heirs grant bargain and sell unto the said C. R. and his Heirs all c. To have and to hold the said c. and every part and parcel thereof unto him the said C. R. and his Heirs for ever to the only use and behoof of the said C. R. his Heirs and Assigns for ever A Covenant to suffer a Recovery with a Recital of the Bargain and Sale whereby a Tenant to the Praecipe was made THis Indenture made c. Between R. C. of the first part C. R. of the second part and J. F. of the third part witnesseth Whereas the said R. C. hath by his Indenture of Bargain and Sale bearing date the c. last past before the date hereof for the consideration therein mentioned granted bargained and sold unto the said C. R. and his Heirs All that c. recite to the end of the Habend Which said Bargain and Sale was made to him the said C. R. and his Heirs to and for the only use intent and purpose that the said C. R. should be sole Tenant of the Premisses to a Praecipe against whom the Recovery hereafter mentioned might be had in manner and form following Now this Indenture further witnesseth And it is covenanted concluded and agreed by and between all the said parties to these Presents for themselves respectively and their Heirs that before the end of Hillary Term next ensuing the date of these Presents there shall be at the Costs and Charges of the said J. F. one Recovery in the nature of a Common Recovery for Lands Tenements and Hereditaments in such Cases used and accustomed had and executed of the said c. in his Majesty's Court of Common-Pleas at Westminster by and in the name of the said J. F. Demandant against the said C. R. Tenant of the said c. with the Appurtenances who shall vouch to warranty the said
other the premisses and of all the Arrearages thereof if any be due And do at the end of every such Account made make just and true payment to the said J. F. his Heirs or Assigns And further do well and truly adminster serve and execute all Process to him to be directed from the Steward and Officers of the said J. F. his Heirs or Assigns concering the Premises or any part thereof and moreover do during all the said Term demean and behave himself as an honest and true Bayliff ought to do that then c. A Condition for a Wife to make a Will THe Condition c. That whereas the above-bound R. C. has appointed and agreed to marry and take to Wife A. B. late Wife of D. C. deceased by reason of which Marriage he the said R. C. will be much advanced in Substance and Riches In consideration whereof if the said R. C. after the said Marriage had and solempnized do quietly permit and suffer the said A. B. if she happen to depart this Life before the said R. C. to declare and make her Will in Writting or otherwise and thereby to dispose of 100 l. at her free will and pleasure And further if the said R. C. his Executors Administrators or Assigns or any of them on reasonable request to be made to him them or any of them by such person or persons to whom any sum of Mony not exceeding the Sum aforesaid shall be bequeathed do well and truly pay or cause to paid such Sum or Sums of Mony so bequeathed and given by the said A. B. Then c. A Condition to save harmless for being bound for Appearance THE Condition c. That whereas the above named J. F. at the special instance and request of the above bound R. C. by one Obligation bearing date c. standeth bound joyntly and severally with the said R. C. and the within bound M. A. unto C. B. and B. C. Sheriffs of the City of London in the Sum of c. with a Condition thereunder written for the appearance of the said R. C. before the Justices of his Majesty's Court of Common Pleas at Westminster on the c. next c. to answer to J. V. of a Plea of Trespass as by the said Obligation and Condition thereof more at large appeareth If therefore the said R. C. his Executors and Adminstrators and every of them do from time to time and at all times hereafter save and keep harmless the said J. F. his Heirs c. and the Goods and Chattles of him them and every of them against the Sheriffs of the City of London and against all other Persons whatsoever of and from all Actions Suits Judgments Executions and Damages whatsoever which may arise or come for or by reason of the said Obligation and Condition Then c. A Condition to save harmless for being bound in a Sheriff's Bond. THE Condition of this Obligation is such That whereas the above-named N. C. at the special instance and request of the above-bounden G. S. and H. F. together with them in and by one Obligation bearing date with these Presents is become bound unto J. B. Esq Sheriff of the County of Sussex in the penal Sum of forty pounds conditioned to be void if the said G. S. shall appear before the Justices of our Lord the King at Westminster from the day of St. Martin in fifteen days to answer H. S. of a Plea of Trespass and also to answer the said H. according to the Custom of the Court of Common-Pleas in a certain Plea of Debt upon demand of ten pounds If therefore the said G. S. shall appear before the said Justices of our Lord the King at Westminster from the said day of St. Martin in fifteen days to answer the said H. S. of the said Plea of Trespass And also to answer the said H. according to the said Custom of the Court of Common-Pleas in the said certain Plea of Debt upon demand of ten Pounds And also if the said G. S. his Executors and Administrators shall well and truly pay or cause to be paid unto the said N. C. his Executors or Administrators all such Sum and Sums of Mony as shall become due unto the said N. C. for Fees and Expences in and about the defence of the said Suit Then this Obligation to be void or else to stand and be in full force Another Condition to save harmless for being bound in a Sheriffs Bond. THE Condition of this Obligation is such That whereas the above-named N. C. at the special instance and request of the above-bound J. P. together with the said J. in and by one Obligation bearing date with these Presents is become bound unto W. G. Baronet Sheriff of the County aforesaid in the penal Sum of fourscore Pounds with Condition to be void if the said J. P. shall appear before the Justices of our Lord the King at Westminster from the day of St. Martin in fifteen days to answer J. F. Esq in a Plea of Debt of forty Pounds as by the said Obligation and Condition more at large appeareth If therefore the said J.P. shall appear before the said Justices of our Lord the King at Westminster at the day aforesaid to answer the said J. F. in the Plea aforesaid in discharge of the said Obligation And also if the said J. P. shall within two Months next coming cause the said recited Obligation to be redelivered up to the said N. C. Then this Obligation to be void or else to stand and be in full force A Condition not to become Surety without License THE Condition c. That if the above-bound R. C. do not at any time hereafter engage or bind himself in by or with any Bond Bill Specialty or Contract or otherwise to or for the payment of any other Debt or Debts or Sum or Sums of Mony than such Debts and Sums of Mony only as now are or hereafter shall be contracted and owing by the said R. C. in respect or by reason of his own Trade or Business without the consent and agreement of the above named J. F. his Executors Administrators or Assigns That then c. A Condition not to sell his interest in a Shop before J. F. has refused to buy it THE Condition c. That whereas the above bound R. C. hath and is possessed of one Shop situate c. for the Term of twelve years as yet to come and unexpired as by a Lease thereof made to the said R. C. by one A. B. by Indenture dated c. it doth more fully appear If therefore the said R. C. do not at any time hereafter grant bargain sell or assign his said interest and Term of years yet to come in the said Shop to any person or persons without first having the refusal of the said J. F. in writing to buy or purchase the same Then c. A Condition to leave two parts in three of Land and Goods
received of the above named C. R. Executor of the last Will and Testament of one A. B. of c. deceased the Sum of 50 l. of c. a Legacy given and bequeathed by the said A. B. to the said C. R. If therefore any Debt hereafter of the said A. B. shall happen to be demanded or received and paid by the said C. R. his Executors or Administrators and the said R. C. his Executors or Administrators shall within one Month after notice thereof well and truly pay or cause to be paid to the said C. R. his Executors or Assigns a ratable part and proportion back again towards the satisfaction of the said Debt That then c. A Condition to make satisfaction if any mistake be found in an Account made up THE Condition c. That whereas the above bound R. C. having been Apprentice unto the said J. F. is now about to leave the Service of the said J. F. and in order thereto hath given an account in writing of all dealings and businesses of the said J. F. transacted by the said R. C. during his said Apprenticeship If therefore the said R. C. his Executors Administrators or Assigns do and shall well and truly account for satisfie and pay any Sum or Sums of Mony which on a more exact and strict Examination of the said account shall appear not to have been accounted and to be due to the said J. F. his Executors Administrators and Assigns Then c. A Condition to save harmless one Bail for a Defendant in the Common-Pleas and for the Defendants paying the Condemnation Mony or rendring himself to Prison if Judgment be against him THE Condition of this Obligation is such That whereas the above named R. C. at the request of the above bound E. A. hath agreed to become Bail or Manucaptor of the said E. in his Majesty's Court of Common-Pleas at Westminster at the Suit of J. M. Gent. one of the Attornies of the same Court in an Action of Covenant broken If therefore within five days next after Judgment shall happen to be given against the said E. in the Action aforesaid the said E. do or shall pay the condemnation Mony or render himself a Prisoner to the Prison of the Fleet in discharge of the Bail or Manucaption aforesaid And also if the said E. A. his Heirs Executors or Administrators do or shall from time to time and at all times hereafter save defend and keep harmless the said R. C. his Heirs Executors and Administrators of and from all Writs Actions Suits Bills Costs Charges and Damages which shall or may be brought or prosecuted against the said R. C. his Heirs Executors or Administrators or which he or they shall or may bear pay or suffer for or by occasion that the said R. C. hath or shall become Bail or Manucaptor of the said E. A. as aforesaid then this Obligation to be void or else to stand and be in full force Note If the Defendant be of that quality that there is no fear of his insolvency then the clause of rendring himself to the Fleet may be left out But if otherwise then it is best to put that clause whereby you will be sooner intitled to put the Bond in Suit A Condition for saving a Bail harmless without a Clause of the Defendants rendring himself to Prison THE Condition of this Obligation is such That whereas the above named A. B. at the instance of the above bound S. B. hath agreed to become Bail or Manucaptor of R. M. in their Majesties Court of Common Pleas at Westminster at the Suit of R. H. Gent. in an Action of Trespass upon the Case to the damage of the said R. H. 1500 l. as it is said If therefore the said S. B. her Heirs Executors and Administrators do and shall from time to time and at all times hereafter save defend and keep harmless the said A. B. his Heirs Executors and Administrators of and from all Writs Actions Suits Bills Costs Charges and Damages whatsoever which shall or may be brought or prosecuted against the said A. B. his Heirs Executors or Administrators or which he or they shall or may bear pay or suffer for or by occasion that the said A. B. shall become Bail or Manucaptor of the said R. M. as aforesaid Then c. A Condition to save the Bail harmless and pay the Charges which he shall expend in defence of the Suit THE Condition of this Obligation is such That whereas the above named A. B. at the request of the above bound C. D. hath agreed to become Bail or Manucaptor of the said C. D. in the Court of Common Pleas at Westminster in an Action there brought or to be borught against him by J. M. If therefore the said C. D. E. L. and M. N. or any of them do and shall from time to time and at all times hereafter save defend and keep harmless the said A. B. his Heirs Executors and Administrators of and from all Actions Suits Bills Costs Charges and Damages whatsoever which shall or may be brought or presented against the said A. B. his Heirs Executors or Administrators or which he or they shall or may bear pay or suffer for or by occasion that the said A. B. hath or shall become Bail or Manucaptor of the said C. D. as aforesaid And also If the said C. D. E. L. and M. N. or any of them shall from time to time and at all times hereafter upon reasonable request pay unto the said A. B. all such Sum and Sums of Mony as he shall expend disburse or deserve to have for or about defending the said Action Then c. Note A Bond with such Condition is necessary where the Defendants Attorney is the Bail A Condition to save harmless for being Bail in an inferior Court THE Condition of this Obligation is such That whereas E. S. late in his Majesty's Court of Record held before the Mayor of the City of Chichester above-said hath levyed a certain Plaint against the above-bound W.T. in a Plea of Trespass upon the Case And whereas E. C. one of the Serjeants of the Mace within the said City by Precept of the Court aforesaid hath arrested the said W. T. upon the Plaint aforesaid And whereas the above-named N. C. at the special instance and request of the said W. T. for the enlargement of the same W. T. hath undertaken to become Pledge or Manucaptor of the said W. T. in the Plea aforesaid according to the Custom of the said Court If therefore the said W. T. his Heirs Executors or Administrators do or shall within ten days next after Judgment shall happen to be given against the said W. T. upon the said Plaint in the Court aforesaid well and truly pay or cause to be paid unto the said E. S. all such Sum and Sums of Mony as by such Judgment shall happen to be recovered against the said W. T. And do and shall
shall and will from time to time and at all times hereafter save defend and keep harmless the said F. D. his Executors and Administrators of and from all costs charges damages and expences by occasion of any Bill Suit or Plaint to be brought or prosecuted by the said E. B. his Executors or Administrators in the name of the said F. D. his Executors or Administrators for the said Tithes Offerings and other Duties or any part thereof In witness c. An Assignment of a Judgment TO all c. I F. J. of c. send Greeting Whereas there is a Judgment for 400 l. on Record in the Court of Common-Pleas at Westminster against R. C. of c. at the Suit of me the said J. F. as by the Records of the said Court remaining in the Treasury at Westminster it doth more at large appear upon which Judgment Execution hath been lately sued forth Now know ye That I the said J. F. for divers good Causes and Considerations me hereunto moving have granted transferred assigned and set over and by these presents do clearly and absolutely grant transfer Assign and set over unto J. F. of c. his Executors Administrators and Assigns as well the said Judgment for the said c. aforesaid as also all benefit profit sum and sums of Mony and advantage whatsoever that now is or hereafter shall or may be obtained by reason or means of the same or of any Execution or Extent thereupon to be had sued executed or obtained and all the Estate Right Title Interest and Demand whatsoever which I the said J. F. have or ought to have or claim of in or to the said Judgment or any sum of Mony Lands or Tenements which by virtue thereof or of any Process or Execution thereupon sued or to be sued is or which shall be recovered obtained or gotten And further I the said J. F. do by these Presents make ordain constitute authorize and appoint the said F. J. to be my true and lawful Attorney for me and in my name to sue and prosecute the Execution upon the said Judgment and upon Composition or Agreement made concerning the premisses to acknowledge satisfaction or to make and do any other Release or Discharge for the same and all and every other act and acts thing or things whatsoever as shall be requisite in or about the Premisses I covenant promise and agree to allow establish and confirm by these presents And I the said J. F. for my self my Executors and Administrators do covenant promise and agree to and with the said F. J. his Executors Administrators and Assigns by these Presents in manner and form following That is to say That I the said J. F. have never made done or committed any Release or other discharge of the said Judgment or of any Extent or Execution which hath been thereupon sued or executed neither will or shall I the said J. F. my Executors or Administrators at any time hereafter make commit or do any release act or thing whatsoever whereby the said Judgment or any Extent or Execution which hath been thereupon sued or executed or which shall be thereupon sued or executed at any time hereafter by the said F. J. or his Assigns shall be in any manner or wise hurt hindred disabled debarred or extinguished without the consent of the said F. J. his Executors or Assigns thereunto first had in Writing under their Hands and Seals And farther That I the said J. F. my Executors Administrators and Assigns shall and will at all times hereafter on request made and at the costs and charges of the said F. J. and his Assigns maintain justifie allow and confirm all such lawful Actions Suits Process Extents Executions and Proceedings whatsoever as have been or hereafter shall be brought sued forth or prosecuted against the said R. C. his Executors or Administrators his their or any of their Tenements Lands and Goods upon or by reason of the said Judgment And that he the said F. J. his Executors and Administrators shall and may peaceably and quietly have and hold receive and enjoy to his and their own proper use and behoof all such benefit sum and sums of Mony Lands and Tenements which by virtue of the said Judgment or of any Extents Executions or Proceedings thereon shall be recovered obtained or gotten without the let suit trouble eviction or disturbance of me the said J. F. my Executors or Administrators and without any account to me or them or any of them therefore to be made or given In witness c. A Letter of Attorney to receive Monies due from several Persons TO all Christian People to whom these Presents shall come I J. O. of Kingsham in the County of Sussex Gent. send Greeting Whereas upon an account made between me and N. C. Gent. I am in arrear and indebted unto him in one and twenty Pounds and ten Shillings Now know ye That for the more speedy re-imbursing and paying unto the said N. C. the said one and twenty Pounds and ten Shillings I do hereby grant and assign unto him five Pounds and ten Shillings due unto me from R. L. of Farnham upon a Bill Obligatory dated the 14th day of March in the Year of our Lord 1676. And I do hereby also grant and assign unto the said N. C. all Sum and Sums of Mony due or payable unto me by R. L. Clerk for Costs and Charges Taxes or Assesses or to be taxed or assessed by his Majesty's Court of Exchequer And farther I do make and appoint the said N. C. my true and lawful Attorny for me and in my name stead and place to receive have and take up all and every the Sum and Sums of Mony before mentioned and to do and execute all and every matter and thing necessary to be done for the receiving or recovering the said Monies And I do hereby covenant with the said N. C. That he the said N. shall or lawfully may receive have and take up of and from the said R. L. and R. L. respectively all and every the said several Sum and Sums of Mony and the same may retain and keep to his own use notwithstanding any Act or thing by me done or to be done to the contrary and without any Account hereof to me to be rendred In witness whereof I have hereunto set my Hand and Seal the 3d. day of April in the Year of our Lord 1678. A Memorial of Submission to an Arbritation according to the new Statute 1 May 1699. A. B. and C. D. being desirous to end divers Controversies and Quarrels between them for which there is no other Remedy but by personal Action or Suit in Equity did agree to submit and did submit and refer all the said Controversies Suits and Quarrels to the Award of E. F. and C. H. Arbitrators indifferently chosen between them to be made in Writing under the Hands and Seals of the said Arbitrators before the _____ day of _____
Consideration therein mentioned I did covenant promise and grant c. recite the Covenant to levy a Fine which said Fine so to be acknowledged and levied as aforesaid of all and singular the c. was in and by the said Indenture covenanted granted concluded and declared to be to such several uses and behoofs and of such Estate and Estates as are particulary in the said Indenture mentioned and set forth And whereas in the said Indenture there is a Proviso contained as followeth That is to say Provided always and it is the true intent and meaning of this present Indenture and of all the Parties hereunto that it shall and may be lawful to and for the said R. C. at any time during his Life by any Deed or Deeds Writing or Writings or by his last Will and Testament in Writing by him sealed and subscribed in the presence of three credible Witnesses to alter change inlarge revoke frustrate and make void all and every or any the Use and Uses Estate and Estates herein before expressed limited mentioned declared or appointed to any person or persons of and in the said c. or in any of them or in any part or parcel thereof And thereof or of any part thereof to create declare limit or appoint any other Use or Uses Estate or Estates to any Person or Persons whatsoever in such sort manner and form as the said R. C. shall think meet and convenient and that at all times and from time to time immediately from and after such alteration change inlargement revocation or making void of all or any the said Use or Uses Estate or Estates Declaration Limitation or Appointment of any other Use or Uses Estate or Estates All and every those Use and Uses Estate and Estates of and in the said c. or of or in any part or parcel thereof or such of them as shall be so revoked and declared to be made void as aforesaid shall cease determine and be utterly void and frustrate And that then and from thenceforth the said Fine and all and every other Conveyance and Conveyances Assurance and Assurances whatsoever had or at any time hereafter to be had or made between the said Parties or any of them of the said c. or of such part thereof whereof such other Use or Uses Estate or Estates shall be so limited or declared as aforesaid shall be adjudged deemed construed and taken to be and enure and the said Cognizees of the said Fine and the Survivor and Survivors of them and the Heirs of the Survivor of them shall immediately from thenceforth stand and be seized thereof and of every part thereof to and for such Use and Uses Estate and Estates Intents and purposes and of such person and persons and in such sort manner and form as the said R. C. in or by such Deed or Deeds in Writing or last Will and Testament in Writing to be sealed subscribed and testified as is aforesaid shall create and declare limit express and appoint and to no other use intent or purpose whatsoeever And whereas afterwards in performance of the Covenants Grants and Agreements in the said recited Indenture mentioned one Fine Sur Cognizance de droit come ceo c. was had levied acknowledged and executed of and for c. in the Court of Common Pleas at Westminster before his Majesty's Justices of the said Court by me the said R. C. unto the said C. R. J. F. and F. J. which said Fine was had levied and acknowledged to the Uses Intents and Purposes and with and under the several Provisoes Conditions and Limitations in the said recited Indenture mentioned Now know ye that I the said R. C. for divers good Causes and Considerations me moving and by virtue of the said Proviso before mentioned and Liberty Power and Authority thereby to me given and reserved have altered changed determined revoked and made void And by this present Writing by me signed and sealed in the presence of the Persons under named do alter change determine revoke and make void all and every the said Use and Uses Estate and Estates created raised declared limited and appointed by the said recited Indenture and Fine and either of them And by force of the Statute of transferring Uses into possession of and in the the said c. and of or in any part or parcel thereof And I the said R. C. out of the Fatherly love and affection that I do bear unto M. C. my only Daughter and Heir apparent now Wife to F. C. of c. and to the Heirs of her Body lawfully begotten do by these presents by virtue of the said Proviso in the said recited Indenture contained and the Liberty Power and Authority therein and thereby to me given and reserved as aforesaid create declare limit and appoint That the said Fine so had levied and acknowledged as aforesaid of the said c. herein before mentioned shall be and enure And that the said Cognizees and their Heirs shall stand and be seized of and in the said c. and of and in every part and parcel thereof to the use and behoof of me the said R. C. for and during the Term of my natural Life without Impeachment of Wast And immediately from and after my decease to the use and behoof of M. C. and F. C. her Husband and of the Heirs of the Body of the said M. C. And in default of such Issue to the use and behoof of the right Heirs of me the said R. C. for ever here may be a Proviso for Revocation of these Uses A Jointure with all Covenants usual therein THIS Indenture made c. Between J. F. of the one part and R. C. and M. his Daughter of the other part witnesseth That the said J. F. doth by these Presents covenant and grant to and with the said R. C. his Executors and Administrators by these Presents That he the said J. F. shall and will before the Feast of c. next ensuing the date hereof marry and take to Wife the said M. C. Daughter of the said R. C. if the Laws of the Church will permit the same and the said M. C. shall thereunto consent and agree And the said R. C. for himself his Executors and Administrators doth covenant and grant to and with the said J. F. that the said M. C. shall likewise before the said Feast c. marry and take to Husband the said J. F. if the Laws of the Church will permit the same and the said J. F. shall thereunto consent and agree And the said J. F. doth for himself his Heirs Executors and Administrators by these presents in consideration of the said Marriage so to be had and solempnized and for the full and entire Jointure of the said M. C. in case she shall happen to out-live the said J. F. And in full recompence and satisfaction of all the Dower and Title of Dower which she the said M. C. by or
F. J. his Heirs Executors or Administrators or any of them or against his their or any of their Lands Tenements Goods or Chattels and with him them or any of them to compound or agree at his will and pleasure for the same and the benefit and profit thereof to his own use to take and him the the said F. J. to sue arrest implead and imprison and out of Prison to discharge and release at his will and pleasure and all and every other thing and things which in or about the obtaining and getting of the said debt and damages or any part or parcel thereof shall be needful and necessary to be done to execute and do in as large ample and beneficial manner and form to all intents and purposes as we the said R. C. and C. R. may can might could should or ought to do by virtue force or reason of the said recited Obligation or the Condition thereof or by virtue force or reason of the said Judgment thereupon had In witness whereof we have hereunto set our Hands and Seals this 10th day of December c. A Letter of Attorney or Assignment of a man's whole Estate in consideration of several Debts and Ingagements TO all to whom these presents shall come I. R. C. of c. send greeting Whereas I am indebted unto J. F. in the Sum of 50 l. of lawful Monies of England And the said J. F. and one F. J. of c. stand jointly and severally ingaged for me the said R. C. in several Bonds or Obligations for several Sums of Monie Now know ye That I the said R. C. for and towards the payment and satisfaction of the said Monies and for divers other good considerations me thereunto moving have granted assigned bargained and sold and by these presents do freely and absolutely grant assign bargain and sell unto the said J. F. and F. J. All and all manner of Goods Chattels Debts Monies and all other things of me the said R. C. whatsoever as well real as personal of what kind nature or quality soever To have and to hold the same and every part and parcel thereof unto them the said J. F. and F. J. their Executors Administrators and Assigns for ever to the only proper use of them the said J. F. and F. J. their Executors Administrators and Assigns for ever in c. A Letter of Attorney to receive Monie which is not yet become due upon a Bond. TO all Christian People to whom this present writing shall come I R. C. of C. in the County of S. send greeting Whereas J. V. of c and V. J. of c. by their Obligation bearing date the c. last past are and stand bound unto the said R. C. in the Sum of c. with Condition for the payment of c. on the c. now next coming as by the said Obligation it doth more fully appear Now know ye that I the said R. C. have hereby made ordained constituted and authorised my loving friend J. F. of c. to be my lawful Attorny and Assignee for me and in my name to demand and receive the said Sum of c. at the time limited for the payment of the same And if the same shall not be then paid to sue for and recover the Sum of c. being the penalty of the said Obligation And I the said R. C. shall and will allow and maintain all and every Action Plea and Process which he the said J. F. shall in my name bring or sue for the obtaining and recovery thereof In witness whereof I have hereunto sent my hand and Seal this tenth day of March in the first year of the Reign of our Sovereign Lord King William c. Annoque Dom. c. Sealed and delivered in the presence of _____ A General Letter of Attorney TO all c. I R. C. c. send greeting Know ye that I the said R. C. for divers good reasons and considerations me hereunto moving have appointed constituted and authorized and in my stead and place deputed and by these presents do appoint constitute and authorize and in my stead and place depute my loving Friend J. F. to be my true and lawful Attorney irrevocable for me and in my name and to my own proper use and behoof to ask demand and require sue for recover and receive all such Debts Duties Sum and Sums of Mony Rents yearly Payments Merchandizes Goods Chattels Legacies and Monies due or to be due on any Bill or Bills of Exchange or otherwise and all other demands whatsoever which now are or hereafter shall be due payable or any way belonging unto me by or from any Person or Persons or Bodies Corporate or Politick whatsoever or howsoever And for default of payment of any Rent or Rents which now is or hereafter may become due unto me to enter into all or any of my Messuages Lands Tenements Hereditaments or any of them or any part thereof and to distrain for the same Rent or Rents and for default of payment thereof to enter in the name of the whole and possession thereof to take and to make seal and deliver in my name any Lease or Leases of Ejectment thereupon for any Term or number of years as in such case is usual and to use all lawful ways and means for recovery of the Premisses And to pay any Sum or Sums of Mony lawfully due from me to any person or persons whatsoever And to contract for lett sett bargain and sell all or any of my Messuages and Lands Tenements or Hereditaments Goods or Cattels whatsoever for Term of years or otherwise as he shall think fit And to sue implead or make answer prosecute or defend in any Court of Law or Equity and before any Judges or Justices or other person or persons in any Suit Action Matter or Cause with me for me or against me as the Case shall require And to deal and intermeddle in any Action Suits Affairs and Business any way concerning me as my Factor or Agent or otherwise Giving and granting by these presents to my said Attorney my full and lawful Power and Authority in the Execution and performance of all and singular the Premisses and to make any Composition or Agreement for or concerning the Premisses And to make seal and deliver any Discharge or Acquittance for me and in my name as shall be requisite And Attorney or Attorneys under him to make and at his pleasure to revoke and generally to do determin and execute all and every such further and other lawful and reasonable Act and Acts Device and Devices whatsoever which in and about the Premisses shall to my said Attorney seem fit to be done as fully and amply as I my self might or could do if personally present ratifying allowing and confirming whatsoever my said Attorney shall lawfully do or cause to be done in my name by force hereof In witness c. A Letter of Attorny to enter
also within the same ten days cause and procure satisfaction to be acknowledged and entred of Record upon such Judgment so happening to be given as aforesaid And also if the said W. T. his Heirs Executors or Administrators do or shall upon notice and request made well and truly pay or cause to be paid unto the said N. C. his Executors or Administrators all such Sum and Sums of Mony as he or they shall expend or disburse in defence of the Suit so brought against the said W. T. as aforesaid or in defence of any Writ Plaint Suit or Action to be brought against the said N. C. for or by reason of his becoming Pledge or Manucaptor of the said W. T. as aforesaid or in obtaining or prosecuting any Writ or Writs of Error upon any Judgment to be obtained against the said W. T. in the Plea aforesaid or against the said N. C. as Pledge and Manucaptor of the said W. T. And also if the said W. T. his Heirs Executors and Administrators shall from time to time and at all times hereafter save defend and keep harmless the said N. C. his Executors and Administrators of and from all Costs Charges Damages Lets and Troubles whatsoever which he the said N. C. his Executors or Administrators shall at any time hereafter sustain bear pay or suffer for or by reason of becoming Pledge or Manucaptor of the said W. T. as aforesaid without fraud or delay Then this Obligation to be void and of none effect or else to stand and be in full force and virtue A Condition to save harmless the Bail for the Defendant in an inferior Court THE Condition of this Obligation is such That whereas R. S. late in the King's Majesty's Court of Record held before the Mayor of the City of C. did levy a Plaint against the above bound J. W. in a Plea of Trespass upon the Case By virtue of which Plaint and by precept of the Court aforesaid the said J. W. was arrested by one of the Serjeants of the Mace of the said City to answer the said R. S. of the Plea aforesaid And the said J. W. so being arrested the above named N. C. at the special instance and request of the said J. W. and for his enlargement did undertake to become Bail or Manucaptor of the said J. W. in the Plea aforesaid at the Suit of the said R. S. according to the Custom of the said Court If therefore the said J. W. his Executors or Administrators do or shall within eight days next after Judgment shall happen to be given against the said J. W. in the Plea aforesaid at the Suit of the said R. S. procure and cause satisfaction to be acknowledged and entred upon the Record of such Judgment so happening to be given against the said J. W. as aforesaid whereby such Judgment shall be made void And also if the said J. W. his Executors and Administrators shall from time to time and at all times hereafter save defend and keep harmless the said N.C. his Heirs Executors and Administrators of and from all Costs Charges and Damages whatsoever for or by reason that the said N. C. hath or shall become Bail or Manucaptor of the said J. W. at the Suit of the said R. S. upon the Plaint aforesaid And also if the said J. W. shall within six months next ensuing the date hereof clearly and absolutely acquit and discharge the said N. C. his Executors and Administrators of and from the Bail and Manucaption aforesaid Then c. A Condition for saving harmless the Plaintiffs Bail to prosecute in an inferior Court THE Condition of this Obligation is such That whereas the above bound R. D. late in the King's Majesty's Court of Record hold before the Major of the City of C. above said did levy a Plaint against one A. C. in a Plea of Trespass upon the Case And the above named J. V. at the special instance and request of the said R. D. hath undertaken to become pledge of the said R. D. for the prosecuting the said Plaint If therefore Judgment shall happen to be given against the said R. D. in the Plea aforesaid upon discontinuance Non-suit Verdict for the Defendant or otherwise howsoever Then if the said R. D. do or shall within eight days next after such Judgment shall happen to be given procure and cause satisfaction to be acknowledged upon the Record of such Judgment whereby the said Judgment shall be made void And also if the said R. D. his Executors and Administrators shall from time to time and at all times hereafter save defend and keep harmless the said J. V. his Heirs Executors and Administrators of and from all Costs Charges and Damages whatsoever for or by occasion that the said J. V. hath or shall become Pledge of the said R. D. upon the Plaint aforesaid And also if the said R. D. shall within six Months next ensuing the date hereof clearly and absolutely acquit and discharge the said J. V. his Executors and Administrators of and from the being or continuing Pledge of the said R. D. as aforesaid Then c. Consideration for saving harmless a Surety for a Parson in the First-Fruits Office THE Condition of this Obligation is such That whereas the above-named N. C. at the request and for the Debt of the above-bound J. B. in and by four several Obligations bearing date with these presents is become bound unto our Lord the King in four several Sums of 11 l. with Condition of the first Obligation to be void if the said J. B. his Executors or Assigns on the first day of May next shall pay unto our Lord the King at the receipt of his Exchequer at Westminster 5 l. 3 s. 6 d. in part of 20 l. 14 s. for the First-fruits of the Rectory of F. abovesaid And with Condition of the second Obligation to be void on the like payment of 5 l. 3 s. 6 d. upon the first day of November next And with Condition of the third Obligation to be void on the like payment of 5 l. 3 s. 6 d. upon the first day of May which shall be in the year of our Lord 1680. And with Condition of the fourth Obligation to be void on the like payment of 5 l. 3 s. 6 d. upon the first day of November which shall be in the said year of our Lord 1689. If therefore the said J. B. his Executors or Assigns do or shall well and truly pay or cause to be paid unto our said Lord the King the said four several sums of 5 l. 3 s. 6 d. according to the respective Conditions of the said four several Obligations And also if the said J. B. his Executors or Assigns do or shall within six weeks next after the respective day mentioned in the Condition of every of the said several Obligations procure every of the said several Obligations respectively to be cancelled and delivered unto the said N. C. his Executors or
Administrators covenant and grant to and with the said C. R. his Heirs and Assigns by these Presents That he the said R.C. his Heirs or Assigns shall and will on this side and before the Feast of c. next ensuing the date of these Presents at and upon the reasonable request Costs and Charges in the Law of the said C. R. his Heirs or Assigns by Fine or Fines with Proclamation in due form of Law to be levied Feoffment or Feoffments Recovery or Recoveries with single or double Voucher or Vouchers or by any such good and sufficient means Conveyance or Assurance in the Law as by the said C. R. his Heirs or Assigns or his or their Counsel learned in the Law shall be lawfully and reasonably devised advised or required convey and assure or cause to be conveyed and assured unto the said C. R. his Heirs and Assigns all that c. and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof with the Appurtenances as also all and singular Deeds Evidences Escripts Muniments and Writings whatsoever touching or concerning the said c. and Premisses with the Appurtenances or any part or parcel thereof To have and to hold the said c. and other the Premisses with the Appurtenances unto the said C.R. his Heirs and Assigns for ever And that the said Fine and Fines Recovery and Recoveries and the Execution thereof as likewise all Conveyances and Assurances whatsoever to be had and made according to the tenor effect and true meaning of these Presents shall be and enure and shall be continued reputed and taken to be and enure to the only use and behoof of the said C. R. his Heirs and Assigns and to no other use intent or purpose whatsoever with Covenants that he is lawfully seized and hath power to sell and that C. R. shall enjoy free from Incumbrances and for further Assurance as is usual In witness c. A Covenant for the Attornment of Tenants AND the said R. C. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said C. R. his Heirs and Assigns by these Presents That all and every the now Holders and Occupiers of the Premisses aforesaid shall and will before the Feast of c. now next coming attorn and become Tenants unto the said C. R. his Heirs or Assigns of and for their several and respective Tenements whereof or wherein they or any of them have or hath any particular Estate or Estates in being and which are parcel of the Premisses before mentioned to be granted A Covenant to produce Writings for defence of the Title to the Lands sold AND the said R. C. for himself his Heirs Executors and Administrators doth covenant grant and agree to and with the said C. R. his Heirs and Assigns by these Presents That if the said C. R. his Heirs or Assigns shall at any time or times hereafter have need or occasion to plead shew forth or give in Evidence any Letters-Patent Deeds Evidences or Writings whereof the said R. C. hath covenanted to deliver Copies as aforesaid and which are not hereby bargained and sold of him the said R. C. touching or concerning the Premisses or any part thereof for the maintenance and defence of the Title of the said C. R. of in and to the Premisses or any part thereof or for any other just and reasonable occasion in any wise touching or concerning the Premisses or any part thereof That then and so often the said R. C. his Heirs and Assigns upon request in that behalf to be made by the said C. R. his Heirs or Assigns and at the Costs and Charges of the said C. R. his Heirs or Assigns shall and will produce and shew forth or cause to be produced and shewed forth all and singular the said Letters Patent Deeds Evidences and Writings or so many of them as shall be thought needful by the said C. R. his Heirs or Assigns in any Court or Courts of Record or elsewhere for the maintenance and defence of the Title of the said C. R. of in and to the bargained Premisses or any part or parcel thereof or for any other just and reasonable Cause as aforesaid and shall and will permit and suffer the same there to remain so long as the said C. R. his Heirs or Assigns shall use or have occasion for the same A Covenant to pay back Purchase-Mony of the Lands sold or any part thereof evicted within ten years AND it is covenanted granted concluded and fully agreed by and between all the said parties to these Presents And the said R. C. for himself his Heirs Executors and Administrators and for every of them doth covenant grant and agree to and with the said C. R. his Heirs and Assigns by these Presents That if it shall happen at any time or times hereafter within the space of ten years to be computed from the day of the date hereof the said Messuage or Tenement c. and other the Tenements herein before mentioned to be bargained and sold or any part or parcel thereof upon any prior or former Title to be by any person or persons whatsoever recovered or otherwise lawfully evicted from the said C. R. his Heirs or Assigns by due course of Law or that any Decree in or upon any Bill of Complaint in a Court of Equity shall pass or be made or that any Judgment in any Suit or Action real or personal shall be given against him the said C. R. his Heirs or Assigns whereby his or their Title of and in the said Premisses or any part thereof may be in any wise avoided adnulled or defeated That then and in such case he the said R. C. his Executors or Administrators shall within three Months next after notice given of such Recovery Eviction Decree or Judgment so had and given by the said C. R. and upon reasonable request in that behalf to be made unto him the said R. C. his Executors or Administrators well and truly pay or cause to be paid unto the said C. R. his Heirs or Assigns so much lawful Mony of England as the said Premisses or any part thereof so happening to be evicted or recovered or whereunto the Title of the said C. R. his Heirs or Assigns shall be so avoided adnulled or defeated as aforesaid shall amount unto at the rate of eighteen years purchase for the value thereof according to the rate the same was valued at the time of the purchase thereof by the said C. R. as aforesaid A Covenant to pay back the Purchase-Mony at the end of two years if the Purchaser dislike and if he likes then to pay a further Sum of Mony AND the said R. C. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said C. R. his Heirs and Assigns by these Presents That if the said C. R. shall at any time within the space of two years next ensuing