B. and C. D. Arbitrators indifferently Elected and Chosen between the said Parties to Arbitrate Award Order c. as the Words in the Condition of the Bond are expressed of and for the Premisses as by the said several Obligations with the Conditions for the performance thereof relation being thereunto had more at large may appear Now know ye That we the said Arbitrators having taken upon us the Business and Charge of the same Award and willing to set the said Parties at Peace and Concord by making a final End and Determination concerning the Premisses in Controversie and having taken good advice and deliberation and heard and examined both their Title Allegations and Proofs offered concerning the said Premisses in Controversie do with the assent and consent of both the said Parties make publish declare and give up this our Award concerning the Premisses in manner and form following viz. First We Award Order Judge and Determine That * Setting forth the Judgment or Award c. Also we award c. Finally we award judge and determine c. In Witness whereof we the said Arbitrators and also both the said Parties to the Submission have interchangeably put our Hands and Seals _____ day of _____ Annoque Domini 1692. Another most usual and general Form of an Award upon a submission by Bond. TO all People to whom this present Writing of Award indented shall come A. B. of c. and C. D. of c. Arbitrators indifferently chosen elected and named by and between E. F. of c. and G. H. of c. to Arbitrate * Reciting the words in the Condition of the Bond. Award Order Judge and Determine of for upon and concerning all and all manner of Action and Actions Cause and Causes of Actions Suits Bills Bonds Specialties Judgments Executions Extents Quarrels Controversies Trespasses Damages and Demands whatsoever at any time before our said Election had made moved brought commenced sued prosecuted done suffered comitted or depending by or between the said Parties as by the several mutual Bonds or Writings Obligatory of the said Parties with the Conditions thereof relation being thereunto had more fully and at large may appear Now know ye That we the said Arbitrators in pursuance of our said Election and the power given us thereby for the ending of all the Matters to us therein submitted and for the future Peace and quiet of the said Parties concerning the Premisses do Arbitrate Award Order Judge and Determine thereupon as followeth First c. * Setting forth the Judgment In Witness whereof we the said Arbitrators have to these our present Indentures of Award interchangeably set our Hands and Seals the _____ day of _____ Annoque Domini 1692. The Form of an Umpirage briefly thus TO all People to whom this present Writing shall come I A. B. of C. c. Umpire indifferently chosen by E. F. of c. and G. H. of c. having deliberately heard and understood the Griefs and Allegations and Proofs of both the said Parties and willingly as much as in me lieth to set the said Parties at unity and good accord do by these Presents arbitrate award order deem decree and judge That the said E. F. his Executors or Administators shall well and truly pay or cause to be paid unto the said G. H. his Executors Administrators or Assigns at or in the dwelling House c. the full Sum of Ten Pounds of lawful Mony of England on the first day of Septemper next ensuing the Date hereof and that upon payment thereof either of the said E. F. and G. H. shall seal subscribe and as his several Act and Deed deliver unto the other of them a general Release in writing of all Matters Actions Suits Causes of Actions Bonds Bills Covenants Controversies and Demands whatsoever which either of them may might or in any wise ought to have of and against the other of them by reason aforesaid or means of any Matter Cause or Thing whatsoever from the beginning of the World until the 20th Day of * The Day of the Date of the Bonds of Submission July now last past In Witness whereof I have hereunto set my Hand and Seal the _____ Day of _____ in the _____ year of the Reign of c. Annoque Domini 1692. The Form of the Release KNOW all Men by these Presents Naming the Parties their Places and Trades or Qualities That I E. F. of c. have remised released and for ever quit claimed and by these Presents do for me my Heirs Executors and Administrators remise release and for ever quit claim unto G. H. of c. his Heirs Executors and Administrators all and all manner of Actions Cause and Causes of Actions Suits Bills Bonds Writings Obligatory Debts Dues Duties Accounts Sum and Sums of Mony Judgments Executions Extents Quarrels Controversies Trespasses Damages and Demands whatsoever which against the said G. H. I ever had now have and which I my Heirs Executors or Administrators shall or may have Claim Challenge or Demand for or by reason or means of any Matter Cause or Thing whatsoever from the beginning of the World until the 20th Day of July now last past In Witness whereof I have hereunto set my Hand and Seal this _____ day of _____ in the _____ year of the Reign of c. Annoque Domini 1692. Sealed and delivered in the presence of Note You may date the Release upon the day to which it ought to release and then say From the beginning of the World unto the day of the date of these Presents FINIS
Caution in choice of Arbitrators Men ought to be cautious how they make choice of Arbitrators therefore it is thought fit that such persons be Elected as are sufficient and indifferent That they have sufficient skill of the matter submitted to them and have neither legal nor natural Impediments Skilful West ibid. Sect. 23 26 27. That they be not Infants At years of discretion who by reason of their few years may want discretion and knowledge That they be neither Mad nor Ideots for such are void of Understanding That they be neither Deaf Having their principal Senses Dumb or Blind for thereby their principal Senses necessary for the apprehension of the Matter may be impaired As for indifferency Indifferent persons without Malice c. That they be void of Malice and Favour to either of the parties that they be not notorious by Outlawry Excommunicated Irreligious nor Covetous for though he hath absolute power yet his Judgment or Sentence ought to be sincere and incorrupt according to right and equity without malice flattery and every other vicious affection or perturbation which may in any sort lead him awry from the right Path of Justice and Equity West Symb. Part 2. Sect. 27. These are thought to be fit Qualities though the Law prescribes no Rules herein Having shewn what persons are most fit to be Elected Arbitrators we will proceed respecting in the Arbitrators these three things 1. His Ordinance from whom it is 2. His Authority what it is 3. His Duty wherein it consists Touching his Ordinance 20 H. 6.41 a. 8 E. 4.10 a. he is Ordained by these two things viz. by the Election of the Parties and by his own undertaking of the charge Touching his Authority 19 H. 6.37 8 E. 4. f. 1. and 9. 9 E. 4.43 b. 16 E. 4.9 a. what it is it is derived from the submission and extendeth no farther and thereby he is Judge between the Parties and therefore he cannot transfer his Authority over to any other Touching his Duty it consisteth in three things First to hear the grief of the Party Secondly to judge according to Equity Thirdly to give notice of his Award Of the two first Branches enough hath been said before only it remaineth to set down some Forms and Presidents of Election and Submission in Writing which are the best and most in use Presidents The Form of a Submission or Compromise by way of Covenants THIS Indenture made the 1st day of Aug. in the fourth year of the Reign of our Sovereign Lord and Lady William and Mary by the Grace of God of England Scotland France and Ireland King and Queen Defenders of the Faith c. Annoque Domini 1692. between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That the said A. B. and C. D. do by these Presents willingly compromit and submit themselves Compromit that is do mutually promise and either of them to the Award Arbitrement Order Determination final End and Judgment of E. F. of c. and G. H. of c. Arbitrators indifferently chosen elected and named as well by the said A. B. as the said C. D. to arbitrate award order judge and determine of for upon or concerning all and all manner of Action and Actions Cause and Causes of Actions Suits Bills Bonds Specialties Judgments Executions Extents Quarrels Controversies Trespasses Damages and Demands whatsoever at any time heretofore had made moved brought commenced sued prosecuted done suffered committed or depending by and between the said Parties Here if you have any Exceptions you may enter them Exceptions as Except one Action of Debt depending between the said Parties in their Majesties Court of Kings Bench and except one Debt of 10 l. due to the said A. B. by the said C. D. for the Price of certain Corn c. And except all Lands and Tenements of the said A. B. c. And such like Exceptions So always as the said Award Arbitrement Order Determination final End and Judgment of the said Arbitrators of for or upon the Premises be made and given up in Writing * Note you may say by Writing indented under both their Hands and Seals and one part thereof delivered or caused to be delivered by the said Arbitrators to the said A. B. or his certain Attorny in that behalf requiring the same on the day of at or in the Dwelling-house of in the said County of and the other part of the said Award be likewise delivered or caused to be delivered to the said C. D. or his certain Attorny in that behalf requiring the same at the said day and place c. under their Hands and Seals ready to be delivered to the said Parties or such of them as shall come and require the same on or before the day of _____ next ensuing the date of these Presents at or in the Dwelling-House of _____ in _____ aforesaid and so always that the said Arbitrators do not by the said Award order or appoint any Act or Acts Thing or Things to be done or performed by or to any person or persons other than to or by the said Parties to these Presents their Heirs Executors Administrators or Assigns or some of them and not to or by any Stranger or Strangers to this present Submission And the said A. B. C. D. and either of them for themselves their Heirs Executors and Administrators and the Heirs Executors and Administrators of either of them do by these Presents mutually covenant conclude promise and agree Note You may make it so as that the Arbitrators shall give notice to the Parties of their Award to and with the other his Executors and Administrators and every of them that neither they nor either of them will at any time hereafter revoke the Authority hereby given to the said Arbitrators nor discharge them nor either of them of the said faculty or power of Arbitration And that it shall he delivered to both Parties And that they and either of them and the Heirs Executors Administrators and Assigns of either of them on their several parts shall and will well and truly observe perform fulfil and keep all and every Clause Sentence Article Submission and Agreement in these Presents mentioned on his or their part to be performed and kept according to the tenor true intent and meaning of the same In Witness whereof the said Parties to this present Submission have interchangeably set their Hands and Seals the day and year first above written Sealed and delivered in the presence of Note This and such like are said to be Submissions Conditional because of the Words So always that the said Award c. be made in Writing c. And So always that the Arbitrators do not order any thing to be done by a Stranger and the like And in this Case the Award must be made of all things according to the Submission because the
Parties submit only on those Terms And if the Arbitrators award contrary it will avoid the whole Award as you may observe by the Books cited hereafter Note it is said That if the Submission be that the Parties will stand to the Award of the Arbitrators for the whole Matter submitted or any parcel thereof then the Award may be made for parcel 39 H. 6.11 A single Bond of Arbitration of all Actions without Exceptions and without an Umpire Noverint universi per praesentes me A. B. de C. in Com. D. Gen. teneri firmiter obligari E. F. de C. praedict Gen ' in viginti libris bonae legalis monetae Angliae Solvend eidem E. F. aut suo certo Attornato Executoribus vel Assign suis Ad quam quidem solution ' bene fideliter faciend ' obligo me Haeredes Executores Administratores meos firmiter per praesentes sigillo meo sigillat ' dat primo die Augusti Anno Regni Domini nostr ' Willielmi Dominae Mariae Dei gratia Angliae Scotiae Franciae Hiberniae Regis Reginae Fidei Defensor ' c. quarto Annoque Domini 1692. Or in English thus KNow all Men by these Presents That I A. B. of C. in the County of D. Gent. am held and firmly bound unto E. F. of C. aforesaid Gent. Note You may make the penalty as you think fit according to the Circumstances submitted but it ought to be reasonable in Twenty Pounds of good and lawful Mony of England to be paid to the said E. F. or his certain Attorny his Executors Administrators or Assigns to which Payment well and truly to be made I bind my self my Heirs Executors and Administrators firmly by these Presents sealed with my Seal dated the first day of August in the fourth year of the Reign of our Soveraign Lord and Lady William and Mary by the Grace of God of England Scotland France and Ireland King and Queen Defenders of the Faith c. Annoque Domini c. 1692. The Condition of this Obligation is such That if the above bounden A. B. his Heirs Executors and Administrators for his and their parts and behalfs shall and do in all things well and truly stand to obey abide observe perform fulfil and keep the Award Order Arbitrement Judgment final End and Determination of G. H. and J. K. both of C. aforesaid in the said County of D. Nota. Gent. Or otherwise naming the Arbitrators their places and Additions Arbitrators indifferently chosen elected and named as well on the part and behalf of the above bounden A. B. as of the above named E. F. to arbitrate award order judge and determine of for upon and concerning all and all manner of Action and Actions Cause and Causes of Actions Suits Bills Bonds Specialties Judgments Executions Quarrels Controversies Trespasses Damages and Demands whatsoever at any time heretofore had made moved brought commenced sued prosecuted done suffered committed or depending by oâ— between the said Parties so always as the said Award Arbitrement Order Determination final End and Judgment of the said Arbitrators of for or upon the Premisses be made and given up in Writing indented under their Hands and Seals ready to be delivered to the said Parties in difference or such of them aâ— shall desire the same on or before the first day of Sept. next ensuing the date above written Or otherwise as the day agreed on will be Then this Obligation to be void and of none effect Nota. or else to stand and remain in full force and virtue Sealed and delivered in the presence of Note This may properly be called a Conditional Submission general by Bond. And note That each Party must give a Bond unto the other Word for Word only changing their Names as occasion requires A Bond of Arbitration without Exceptions from two to two and without an Umpire NOverint universi per praesentes nos A. B. de C. in Com. D. You must name the Parties their Places and Additions right Gen. E. F. de C. praedict in Com. praedict Gen. teneri firmiter obligari G. H. de C. praedict iâ— Com. praedict Yeoman J. K. 〈◊〉 C. praedict in Com. praedict Yeoman in centum libris bonae lâ— galis monetae Angliae solvend eisâ— dem G. H. J. K. seu eorum aâ— teri * Note If the Bond be to three you say seu corum alicui vel eorum certo Attornato Exâ—cutoribus Administratoribus vel Asâ—signatis suis Ad quam quidem so lutionem bene fideliter facienâ— obligamus nos †If three be bound you say obligamus nos quemlibet nostrum utrumque nostruâ— per se pro toto in solido Haeredeâ— Executores Administratores nostro◠‖ If three be bound you say cujustibet nostrum utriusque nostrum firmiter pepraesentes sigillis nostris sigillat daâ— primo die Augusti Anno Regni Domini Willielmi Dominae Mariaâ— Dei gratia Angliae Scotiae Franciae Hiberniae Regis Reginâ— Fidei Defensor ' c. quarto Annoquâ— Domini 1692. Or thus in English KNow all Men by these Presents Note You must name the Parties their places and Additions right That we A. B. of 〈◊〉 in the County of D. Gent. and E.F. of C. aforesaid in the County a fore said Gent. are held and firmly bound to G. H. of C. aforsaid in the County aforesaid Yeoman and J. K. of C. aforesaid in the County aforesaid Yeoman in one hundred pounds of good and lawful Mony of England to be paid to them the said G. H. and J. K. or to one * Note When a Bond is made to three you say or to any of them of them or their certain Attorny their Executors Administrators or Assigns To which payment well and truly to be made we bind our selves and †Note When a Bond is from three you say and every of us each of us by himself for the whole entirely our Heirs Executors and Administrators and the Heirs Executors and Administrators of ‖ When three are bound you say of every of us each of us firmly by these Presents sealed with our Seals dated the first day of August in the fourth year of the Reign c. as before in the other Bond. Note You must not date a Bond of any day that is not come though if you happen to date it of a day that is past it may serve The Condition of this Obligation is such That if the above bounden A. B. and E. F. their Heirs Executors and Administrators for their and every of their parts and behalfs shall and do in all things well and truly stand to obey c. as in the other Condition till you come to Arbitrators indifferently named as well on the part and behalf of the above bounden A. B. and E. F. as of the above named G. H. and J. K. to arbitrate award order judge
Payment of Mony and release at the same time 21 H. 7.28 b. that one Party shall pay Mony and the other shall make a Release it shall be done at one and the same time if there be no Bond to perform the Award But if there be an Obligation to perform the Award When Parties must perform Award at their Peril then either ought to perform his part under the peril of the Obligation 21 H. 7.28 b. If a Bond be made to stand to an Arbitrement though the Arbitrement is void in Law yet it is said it ought to be performed otherwise the Bond shall be forfeited 22 H. 6.46 b. This must be meant when the Award is only void in part See before Chap. 6. But if an Action be brought upon such void Award 22 H. 6.46 b. the Action shall not be maintained If the Matter contained in the Award Difference in Words between the Award and Submission and the Matter contained in the Submission of which the Arbitrators ought to award differ in Words or in Circumstance The Parties to the Arbitrement shall not in a Suit thereupon be allowed to aver 7 8 El. 242. b. 52. Averment not allowed that it is all one Dyer 242. See before Chap. 14. Thus have I shewn you the whole Law of Arbitrement by Method and Rule wherein if you find some things twice it is not without some Reason either relating to the Method or to the Matter of an Award There may be many other things said of Arbitrement in later Books as in the three Books of Keble's Reports but these things being no more than what is already said and especially belonging to Pleading I shall omit them Several Forms of Awards Arbitrements and Vmpirage Mr. West in his Treatise Symb. Part 2. Sect. 45. gives us a President to this purpose An Arbitrement or Award of Lands by which the Party covenanteth to perform it THIS Indenture made the 1st day of Aug. in the fourth year of the Reign of our Sovereign Lord and Lady William and Mary by the Grace of God of England Scotland France and Ireland King and Queen Defenders of the Faith c. Annoque Domini 1692. between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That whereas there hath been and yet is Contention Variance and Suit betwixt the said Parties not only for and concerning the Right Title and Interest of and in a certain quantity of Ground by estimation two Acres or thereabouts lying in E. and adjoyning c. * Setting forth the bounds and borders of the Ground For the friendly ending and appeasing of which said Variances and Controversies the said Parties have compromited and submitted and by these presents do compromit and submit themselves and all Matters in variance aforesaid to the Order Arbitrement Award Judgment final End and Determination of E. F. and G. H. of c. Arbitrators indifferently chosen elected and named as well on the part and behalf of the said A. B. as of the aforesaid C. D. Whereupon the said Arbitrators having viewed the said Ground in variance and perused divers Writings and Evidences concerning the same and heard the Testimony and Witness of divers ancient Men and Neighbours dwelling nigh the said Ground as well touching the Occupation and Usage of the said Ground by the said A. B. and his Ancestors as also the said ways used thereunto by the Inhabitants of the Neighbourhood time out of mind Do make and declare their Award Judgment final End and Determination of and concerning the Premisses and every part thereof And to that end the said A. B. and C. D. do and each of them by these Presents doth severally Covenant and Grant to and with the other for themselves their Heirs Executors and Administrators in manner and form following that is to say First the said Arbitrators do Order Award and Judge and the said C. D. is so contented and agreed and accordingly doth Covenant and grant for him and his Heirs to and with the said A. B. and his Assigns That he the said A. B. shall and may from henceforth have hold occupy and quietly enjoy to him and his Heirs for ever the said parcels or quantity of Ground containing by estimation two Acres lying and being c. setting forth the Buttels and Bounds and the substance of the Award and that the said C. D. his Heirs and Assigns shall and will at all times hereafter at his and their proper costs and charges and within the space of Two years Or other time as is thought fit And with such Exceptions as may be thought fit next ensuing the date hereof do make acknowledge and suffer or cause to be made acknowledged and suffered all and every Act and Acts Thing and Things for the further better and more perfect assuring and sure making unto the said A.B. his Heirs and Assigns for ever as well the said parcel or quantity of Ground containing about two Acres as also of the said ways in manner and form before expressed as by the said A. B. his Heirs or Assigns or his or their Counsel learned in the Laws shall for that purpose be reasonably advised devised or required according to the true intent and meaning of these Presents In consideration whereof the said A. B. hath paid to the said C. D. at the ensealing hereof at the Request and by the Award and Order of the said Arbitrators the Sum of 100 l. of lawful Mony of England In Witness whereof not only the said Parties to these present Indentures of Award interchangeably have put their Seals and subscribed their Names but also the said Arbitrators to both the parts of these Indentures have put their Hands and Seals the day and year first above written Sealed and delivered in the presence of Note That all such Covenants and Conditions as are usually made for the assurance or enjoying of Lands or Tenements Goods and Chattels may be inserted into Awards as the Arbitrators c. shall think fit Another more usual and formal Award upon submission by Bond. TO all People to whom this present Writing of Award * Note it need not be indented unless the Bonds of Submission do so provide Indented shall come A. B. and C. D. of c. send Greeting Whereas great Variance Strife Debate and Controversie hath heretofore been had moved and stirred between E. F. of c. and G. H. of c. of for and concerning c. reciting the Matters in Controversie for the appeasing and ending whereof either of the said Parties by their mutual Assents Consents and Agreements have submitted and bound themselves either to the other by their several Writings Obligatory bearing date c. setting forth the date in the Sum of c. mentioning the Penalty To stand to obey abide observe perform fullfil and keep the Award Order Arbitrement Judgment final End and Determination of Us the said A.