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A33563 The clerk's tutor for writing Written and engraved by Edw. Cocker. Hawkins, John, 17th cent.; Cocker, Edward, 1631-1675. Young clerk's tutor for writing. 1667 (1667) Wing H1174A; Wing C4832A; ESTC R2455 94,017 328

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c. in part of performance of the Covenant mentioned in one Pair of Indentures bearing date c. made between me the said W.B. and F. my Wife of the one part and G. H. of c. of the other part Have given granted enfeoffed and confirmed and by these Presents do give grant enfeoff and confirm unto the said G. H. all those c. several Messuages Tenements or Cottages c. And the Reversion and Reversions Remainder and Remainders Rents Issues and Profits of all and singular the Premisses and all the Estate Right Title Interest Benefit Claim and Demand whatsoever of me the said W. B. of in and to the same To have and to hold the said Messuages Tenements or Cottages and all and singular other the Premisses with their and every of their Appurtenances before-mentioned to be granted unto the said G.H. and his Heirs To the use of the said G. H. his Heirs and Assigns for ever And I the said W. B. have granted for me and my Heirs That we will grant unto the said G. H. and his Heirs the said Messuages Tenements or Cottages and Premisses with the Appurtenances against all People for ever by these Presents In witness c. An Acquittance of part of a Debt BE it known unto all men c. That I A. B. c. in the County of c. have received and had the day of the making hereof of c. R. W. c. in the said County Yeoman 6 l. c. due to me on the Feast-day of c. last past before the date of these Presents in part of Payment of a greater sum contained and specified in a writing Obligatory wherein the said R.VV. with others stand bound unto me the which 6 l. as abovesaid I do by these presents acknowledg to have received c. A short Deed to declare that the name of the Obligee in an Obligation is used in trust for another TO all Christian People to whom this present Writing shall come I S.B. of c. send Greeting Whereas J. T. and J. G. of c. by Obligation bearing date c. stand joyntly and severally bound unto me the said S.B. for the true payment of c. on the c. as by the c. recite more if there be more Now know ye That I the said S.B. do hereby signifie and declare That the several sums of Money in the Conditions of the said several Obligations mentioned were and are the proper Moneys of A.B. of c. And that my name is used in the said several Obligations in Trust and for the only benefit of the said A.B. his Executors Administrators and Assigns and therefore I the said S.B. do hereby authorize and appoint the said A.B. his Executors Administrators and Assigns to receive and take all the severall sums of Money to his and their own proper use and behoof without any Accompt to be given concerning the same and to use all lawful wayes and means for recovery thereof and to compound and agree for the same and to acquit discharge and deliver up the said severall 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 Amen 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 Testament 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 ●f my Saviour Iesus 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 Temporall 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 witness whereof I the said A. B. to this my last Will and Testament being contained in five Sheets of Paper set my Hand and to the top and last Sheet thereof set 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 et 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 severall necessary Notes thereupon IT is called a Fine Et Finalis concordia quia imponit finem 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 Conusor and his Heirs Infants
the said Mannor or Premisses 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 and 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 I.B. of c. all that sum of 1000 pounds of lawful Money of England which by a Decree made in the High-Court of Chancery in a Cause there depending between me the said H.P. Complainant and the said I. B. Defendant bearing date c. he the said I.B. is to pay unto me And upon receipt of the said sum of 1000 l. to give and deliver unto him the said I. 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 Premisses 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 Premisses 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 one thousand pounds of lawful Money of England adjudged to be paid unto me by a Decree made in the 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 one thousand pounds 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 et firmiter Obligari serenissimo Principi Domino nostro Carolo Secundo Dei Gratia Angliae Scotiae Franciae et Hiberniae Regi Fidei Defensor in mille libr. legalis monetae Angl. Solvend eidem Domino Regi Haered vel Successor suis. Ad quam quidem solutionem bene et fideliter faciend obligo me haeredes Execut. Administrator meos firmiter per praesentes Sigillo meo Sigillat Dat. primo die Jan. An. Regni dicti domini nostri Caroli Secundi Regis decimo quarto c. Annoque Domini 1662. A Discharge to Trustees for Money by them received WHereas G.F. of c. did by his Indenture dated c. Demise and Lease unto H.P. of c. and others divers Mannors Lands Tenements and Hereditaments therein mentioned To have and to hold the same unto the said H.P. and the rest of the Lessees therein named for the term of 99 years if the said G. F. should live so long upon Trust that the said Lessees should dispose the Profits of the lands demised to the several purposes in the said Indenture mentioned as by the same Indenture may at large appear Now know all men by these presents That I the said G. F. do hereby acknowledge signifie and declare That all such Moneys as have been received by the said H. P. by vertue of the said Lease have been all paid and satisfied by him the said H. P. according to my Directions and Appointment and according to the Tenor of the said Lease and I do hereby acquit and discharge him the said H. P. his Heirs Executors Administrators and Assigns and every of them of and from all such Moneys as aforesaid and every part and parcel thereof In witness c. Warrant of Attorney to confess a Iudgment in Chancery for priviledged persons To c. or any other of the Six Clerks belonging to His Majesties High-Court of Chancery WHereas I A. B. of c. became bound by Obligation bearing even Date with these Presents to C.D. of c. in the penal sum of 100 l. for the payment of 50 l. of lawful Money on or before the c. if in case I the said A.B. do not satisfie and pay or cause to be paid unto the said C. D. his Executors or Administrators the said sum of 50 l. on or before the c. Then I the said A.B. do hereby give warrant and authorize you the said c. or any other of the said Six Clerks to appear for me at the said Court unto an Action or Suit there to be brought or commenced against me the said A.B. by the said C. D. his Executors or Administrators upon the said Obligation and thereupon to acknowledge and confess a Judgment in Hillary Term next ensuing the date hereof and for so doing this shall be your sufficient Warrant Witness my Hand and Seal c. A Mortgagee's Assignment of his Mortgage to the Mortgagor to be endorsed on the Deed. KNow all men by these Presents That I H.P. of c. the Lessee within named for and in consideration of the sum of c. unto me in hand paid by the within named G. F. Have granted assigned and set over and by these Presents do grant assign and set over unto the said G. F. all that the Mannor of c. and all and singular other the within-mentioned Premisses with their and every of their Appartenances and all my Estate Right Title Term and Interest therein as fully and amply as the same were granted or demised unto me from the said G. F. by the Deed or Writing within-written contained To have and to hold the same unto the said G.F. his Heirs and Assigns to do therewith at his and their free will and pleasure And I the said H. P. do hereby covenant and grant to and with the said G. F. his Executors and Administrators That I have not made done or willingly suffered any Act or Thing whereby the Premisses within mentioned or the Estate or Term hereby granted or demised shall or may be in any wise discharged impeached or incumbred In witness c. A Deed of Feoffment upon a Sale TO all Christian People to whom this present Writing shall come greeting Know ye That I W. B. of
in case the said Barque or Vessel shall through the default of the said I.W. his Factors or Assigns stay for her unlading or re-lading at Dublin aforesaid or for her lading at London aforesaid before her departure from thence or for her unlading at London aforesaid after her return and arrival from Dublin aforesaid to London as aforesaid after the several dayes therefore above limited that then the said T. C. his Executors or Administrators shall and will pay or cause to be paid unto the said I. W. his Executors or Administrators the sum of 30 s. for every working day that the said Barque or Vessel shall either stay at Dublin aforesaid for her unlading and re-lading or at London aforesaid for her lading or unlading after the dayes above limited and agreed upon and to the performance of all and singular the Covenants Grants Articles and Agreements above mentioned which on the part and behalf of the said I. W. his Executors or Administrators are to be performed in all things as abovesaid the said I. W. bindeth himself his Executors and Administrators and especially the Barque or Vessel aforesaid with her Fraight unto the said T. C. his Executors and Administrators in the sum or penalty of 200 l. of lawful money of England well and truly to be paid by these presents and likewise for the performance of all and singular the Covenants Grants Articles Payment and Agreement above specified which on the part and behalf of the said T. C. his Executors and Administrators are and ought to be performed in all things as is above-recited the said T.C. bindeth himself his Executors and Administrators and Goods unto the said I. W. his Executors and Administrators in the sum or penalty of 200 l. of like money of England well and truly to be paid by these presents In Witness whereof the parties first above named to these Charter-parties Indented interchangeably have set their Hands and Seals the day and year first above written Articles of Agreement for enjoyment of a quiet Lease as Tenements in Common ARticles of Agreement indented made and agreed upon the c. Between W. S. of c. and S. V. of c. in manner and form following That is to say First whereas H. A. of c. being heretofore seized in Fee of and in all that c. And being so seized by his Indenture of Lease bearing date the c. for the considerations therein mentioned did demise grant and to farm let unto one A.B. c. of c· the said Messuage c. for the term of c. at and for the yearly rent of c. payable as in the recited Indenture of Lease is mentioned as by the said Indenture relation being thereunto had more at large may and doth appear which said Indenture of Lease and the Interest Estate and Term of years of the said A. B. of in and to the said pieces or parcells c. and Premisses thereby demised the said W. S. and S. V. by several Indentures of Assignment now joyntly have and are thereof possessed Now this Indenture Witnesseth That the intent purpose and true meaning of the Parties to these Presents is And it is hereby declared between them that no advantage or benefit shall be had or taken by the said W. S. and S. V. by means or reason of Survivorship of either of them for or concerning the Interest of the said Lease or Term of years and Interest respectively granted by and from the said Henry Atkins to the said A. B. as aforesaid But that either of the said parties his and their Executors and Administrators shall and may have and take the equal benefit and profit arising and coming of the said piece and parcel of Land yearly and every year during the continuance of the said Term to the said A. B. granted as aforesaid in such and the like manner as if they were Tenants in Common And it is therefore mutually covenanted granted concluded and agreed by and between the said parties to these presents and each of them the said parties to these presents for his own part severally for himself his Executors and Administrators doth Covenant and grant to and with either of them his Executors and Administrators respectively by these presents That he his Executors or Administrators shall and will at any time hereafter during the said term of years by the said Indenture of Lease made from the said H. Atkins granted pay and discharge one moyety of the Rents and Charges to grow due or payable for or by reason thereof and shall do or cause to be done any manner of act or acts or assent unto any act or thing whatsoever which shall or any way may forfeit the said Lease or the Terms Interests or Estates of the Parties to these presents of or in the said Pieces or Parcels of Ground and Premisses thereby demised or mentioned to be demised or any part thereof But that the Executors Administrators or Assigns of such of the parties to these presents which shall first dye shall be permitted and allowed to take and enjoy the moyety or one half of the said Lease and Premisses thereby demised and the Rents and Profits thereof in like manner as if he so dying had lived together with the Survivors of them according to the true intent of these presents without any manner of let interruption molestation eviction or expulsion of the Survivor of them his Executors Administrators or Assigns or any of them and that the Survivor of the said parties to these presents shall and will at the reasonable Request Costs and Charges of the Executors or Administrators of him or them that shall first happen to dye by sufficient conveyance and assurance in the Law grant and assign the one moyety of the Premisses to the Executors or Administrators of him so first dying clear of all Incumbrances done by him Also whereas by the mutual consent and agreement of the said W. S. and S. V. the said W. S. hath the custody and keeping of the said Indenture of Lease and Indentures of assignment the said W. S. doth now Covenant promise and grant for him his Executors administrators and assigns and every of them to and with the said S. V. his Executors Administrators and assigns and every of them by these presents That he the said W. S. his Executors or Administrators at all time and times hereafter after reasonable warning to him or them to be given and request therefore to him or them to be made by the said S. V. his Executors Administrators or assigns at the equal costs and charges of them the said W. S. and S. V. their Executors or administrators shall and will deliver unto the said S. V. his Executors administrators or assigns true Copies of the said Indenture of Lease and Indentures of Assignment And at all and every time and times hereafter and from time to time upon reasonable warning to be given and request to be made as aforesaid
may and doth appear Now know ye that I the said A. B. for divers good Causes and Considerations me hereunto especially moving have assigned and set over and by these presents do assign and set over unto W.C. of c. his Executors Administrators and Assigns the said recited Bond or Obligation and the said sum of c. therein mentioned and I the said A. B. have made ordained constituted c. and depute the said W. C. my true and lawful Attorney for me and in my name but to his own proper use and behoof to ask demand sue for recover and receive of the said E.S. all such sum and sums of money as are or shall be due to me by vertue of the said recited Bond or Obligation and to have use and take all lawful ways and means in my name or otherwise for recovery thereof by Attachment Arrest Distress or otherwise and to compound and agree for the same and Acquittances or other sufficient Discharges for the same for me and in my name to make seal and deliver and to do all other Act and Acts and things whatsoever concerning the Premisses as fully in every respect as I my self might or could do if I were personally present And Attorneys one or more under him for the purpose aforesaid to make and again at his pleasure to revoke And I the said A. B. do covenant for me my Executors and Administrators to and with the said W. C. his Executors Administrators and Assigns by these Presents That I have not received released or discharged the said Bond or any of the money therein mentioned neither will I my Executors or Administrators acquit discharge or receive the same or any part thereof but shall and will justifie all such lawful Actions and proceedings in Law and Equity as shall be brought prosecuted or defended concerning the same or by reason thereof and will not non-suit d●savow or discontinue any such Action Suit or Plaint And that it shall be lawful to and for the said W. C. his Executors Administrators and Assigns to receive and enjoy to his own use all such sum and sums of money as shall be duly recovered by vertue of the said Obligation or the Condition thereof without any accompt to be given concerning the same and that neither I the said A. C. my Executors Administrators or Assigns shall or will revoke this Letter of Attorney or Writing of Assignment but that I my Executors and Administrators shall and will upon every reasonable Request do acknowledge execute all and every such further Act and Acts thing and things whatsoever be it by making a new Letter of Attorney or Assignment or otherwise howsoever for the better enabling and authorizing him the said W.C. his Executors Administrators and Assigns to recover and receive to his own proper use all such sum and sums of money as shall be due by vertue of the said Obligation as by the said W.C. his Executors Administrators or Assigns or by his or their Councel learned in the Law shall be reasonably devised or advised and required so as for the doing thereof they being not compelled to go or travel further then the Cities of London and Westminster or any of them and to the true performance of all and singular the Covenants herein contained I the said A.B. do bind my self my Heirs Executors and Administrators to the said W.C. his Executors Administrators and Assigns in the penalty of 200 l. of lawfull money of England by these presents In witness c. Incert not the Penalty if it is not agreed by the Assignee A Defeazance upon a Statute-Staple for payment of Money THis Indenture made c. between c. witnesseth That whereas H. M. and R.M. by one Recognizance in the nature of a Statute-Staple bearing date c. are become bound unto the said I. M. in the sum of 200 l. of lawfull money c. payable as by the said Recognizance of Statute-Staple more at large appeareth Now nevertheless c. by and between c. and the said I. M. is contented and pleased and for himself his Executors and Administrators doth covenant and agree to and with the said H. M. and R. M. their Executors Administrators and Assigns to these Presents that if the said H.M. and R. M. their Heirs Executors Administrators or Assigns or any of them do and shall well and truly pay or cause to be paid unto the said I.M. his Executors Administrators or Assigns the sum of c. on the c. next ensuing c. that then the said Statute-Staple shall be utterly void frustrate and of none effect or else to stand and remain in full force and vertue In witness c. A short Mortgage of a House THis Indenture made c. between C. B. of the one part and I.H. of the other part witnesseth That the said C. B. for and in consideration of the sum of c. of lawful c. to him in hand paid by the said G. H. at and before the sealing and delivery of these Presents whereof he doth hereby acknowledge the Receipt and thereof and of every part thereof doth acquit and discharge the said I.H. his Executors and Administrators and every of them for ever by these Presents hath granted bargained and sold and by these Presents doth grant bargain and sell unto the said I.H. all that Messuage c. And the Reversion and Reversions Remainder and Remainders thereof And also all the Estate Right Title Interest Property Possession Claim and Demand whatsoever of him the said C. B. of in and to the said Bargained Premisses and of in and to every part and parcel thereof with the Appurtenances And also all Deeds Evidences and Writings that concern the same Premisses or any part thereof To have and to hold the said Messuage or Tenement and all and singular other the Premisses with the Appurtenances unto the said I. H. his Executors Administrators and Assigns from the day before the date of these Presents unto the full end and term of 99. years from thence next ensuing and fully to be compleat and ended without impeachment of or for any manner of waste Yielding and paying therefore Yearly the Rent of one Pepper-Corn on the 24th day of Iune if the same shall be lawfully demanded and no more Provided always and upon Condition nevertheless That if the said C. B. his heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto the said I. H. his Executors Administrators or Assigns at or in the Common-Hall c. the full sum of c. free and clear of and from all and all manner of Charges Taxes Assessments and Impositions whatsoever or howsoever That then and from thenceforth this present Grant Bargain and Sale of all the Premisses shall cease determine and be utterly void frustrate and of none effect or else the same shall stand and remain in full force any thing in these presents