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A51778 The clerks guide leading into three parts, viz. I. Of indentures, leases, &c., II. Letters of attorney, warrants of attorney, mortgages, licences, charter-parties, &c., III. Bills, answers, replications, rejoynders in chancery, &c., under which are comprehended the most unusual forms of clerkship : to which is added, a fourth part of fines, recoveries, statutes, recognisances, judgements, &c. distresses and replevins : illustrated with cases, and the statutes relating to the same / by Tho. Manley of the Middle Temple, London, Esq. Manley, Thomas, 1628-1690. 1672 (1672) Wing M443; ESTC R9951 653,624 764

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that may or shall arise be prosecuted or brought against the said party by any other person or persons whatsoever concerning the premises In witness c. A Resignation or Release from one used in trust of all the benefit he might Claim by vertue of any Covenant in the Indenture TO all Christian people to whom this present writing shall come I J.B. of c. send greeting Whereas by one Indenture bearing date the c. made between R. O. of c. on the one party and the said J. B. and J. H. of c. on the other party he the said R. O. for himself his Heirs Executors and Administrators and every of them did covenant and grant to and with me the said I. B. and the said I. H. our Executors and Assigns That he the said R. O. should and would within the space of c. next ensuing the date of the same Indenture convey and assure or cause to be conveyed or assured to the said R. O. and E.H. Daughter to R.H. of c. with whom the said R. O. was then to be espoused and to the heirs of their bodies lawfully begotten Lands Tenements and Hereditaments of the full and clear yearly value of 1000 l. at the least as by the said Indenture and Covenants therein contained amongst divers other things more at large appeareth And for performance thereof according to the said Covenants the said R. O. by his Obligation dated c. became bound with Sureties to us the said I. B. and I. H. in the sum of c. as by the same Bond may also appear in which said Indenture and Bond the name of me the said I. B. was onely used in trust for the Benefit and Behoof of the said E. H. Now therefore know ye That I the said I. B. in discharge of the trust in me reposed and at the request of the said E. H. have remised released surrendred resigned and set over and by these presents for me my Executors and Administrators do freely and absolutely remise release surrender resign and set over unto the said E. H. her Executors and Assigns all the Estate Right Title Interest Use Trust Benefit Priviledge and Demand whatsoever which I the said I. B. have or may have or claim of in or to any sum of Money or other matter or thing whatsoever in the said Indenture Covenant and Bond contained mentioned and expressed or in any of them So as neither I the said I. B. my executors or administrators or any of us at any time hereafter shall or will ask claim challenge or demand any interest use benefit trust priviledge or other thing in any manne● whatsoever by reason or means of the said Indenture or any Covenant therein specified or in or to the said Bond or any sum of Money therein mentioned but thereof and therefrom and from all actions suits and demands which I my executors or assigns may have concerning the same shall be utterly secluded and for ever debarred by these presents In witness c. An Indenture for justifying of Actions upon setting over of a Statute THis Indenture made the c. Between R. W. of c. on the one part and T. C. of c. on the other part witnesseth That whereas I. H. of c. in and by one Statute of 800 l. now appertaining to the said R. W. as Executor of the last Will and Testament of the said c. Now the said R. W. for divers good Considerations him especially moving hath given granted assigned and set over and by these presents doth fully clearly and absolutely give grant assign and set over unto the said T. C. his executors administrators and assigns as well the said Statute-Staple aforesaid as also all the Debts of c. in the same Statute mentioned or contained to the only proper use and behoof of the said T. C. his executors administrators and assigns for ever And further the said R. W. covenanteth c. That he the said R. W. his Heirs and Executors and the administrators that hereafter shall happen to be of the Goods Chattels and Credits of him the said R. W. and every of them at all times and from time to time hereafter upon request shall maintain justifie and allow all and every such action and actions Writs Suits Bills Plaints Executions and Demands whatsoever as the said T. C. his executors or administrators shall commence pursue or make in the name or names of the said R. W. his executors or administrators that hereafter shall be of the Goods Chattels Credits and Debts of the said R. W. or in the name or names of any of them and that it shall be lawful to and for the said T. C. his executors administrators and assigns and every of them to take receive have hold and enjoy for ever to the only use of the said T. C. his Heirs Executors Administrators and Assigns all and every such sum and sums of Money costs and damages satisfactions commodities profits and advantages whatsoever which shall be gotten recovered obtained or had by reason of any the actions writs bills plaints executions and demands aforesaid or by reason or means of any of them without any impediment denial or contradiction of the said R. W. his heirs executors administrators of assigns that hereafter shall be of the Goods Chattels or Credits of the said R. W. or any of them In witness c. An Indenture between the Scavenger and the Raker for cleansing the Streets THis Indenture made the c. between R C. S. P. and T. R. Citizens of London Scavengers of and for the Parish of c. on the one part and E. D. c. on the other party Witnesseth That the said E. D. in consideration of the sum of c. to him to be paid in such form as hereafter in these presents is expressed covenanted promised and granted for himself c. in manner and form following that is to say That he the said E. D. his executors administrators or assigns shall and will at his and their own proper costs and charges cleanse and make clean or cause to be cleansed and made clean in the said Parish of c. all the Streets Lanes Alleys and other places whatsoever within the said Parish of c. as the same have been heretofore used and accustomed to be cleansed and made clean by any Carter or Raker in that behalf appointed from the Monday next after the Feast of the Epiphany of our Lord God commonly called Twelfth-day next ensuing the date hereof until the Monday next after the Epiphany of our Lord God which shall be in the year of c. three times in every week weekly during the said term to wit on every Tuesday Thursday and Saturday And also at all other such times and dayes as the Lord Mayor of the said City of London for the time being the Aldermen of the Wards His Majesties Privy Council or the Common Council of the said
the arrerages thereof if any be do at the end of every such Account made make just and true payment to the said C. D. his Heirs or Assigns and further do well and truly administer serve and execute all Process to him to be directed from the Stewards and Officers of the said C. D. his Heirs or Assigns concerning 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. or else c. A Condition of a Deputy Rent-Gatherer to give Accompt for the Receipt of Rents THe Condition c. That whereas the within-bound A. B. hath retained to and with the within-named R. C. Renter of the Mannor of Finsbury for the collecting of all the Rents coming or growing out of the Mannor of Finsbury in the County of Middlesex and of Lands Rents and Tenements belonging to the Major Aldermen Commonalty and Citizens of the City of London Farmers of the said Mannors Lands Rents and Tenements for term of years yet to come if therefore the said A. B. do well and truly behave himself in the said room or office of Rentership for the Collection of the said Rents and Profits of the said Mannors Rents Lands c. and well and truly from time to time collect the said Rents and every part thereof to the hands of the Chamberlain of the City of London for the time being to the use and behoof of the said Major Aldermen Commonalty and Citizens of the City of London and make yearly the Accompt of the said Rents and of every part thereof in the name of the said R. C. if he then be living of Record in the Chamber of the said City to the Office of the same to whom it doth or may appertain to take and engross the same Accompt and also if the said A. B. during the life of the said R. D. do no act or acts thing or things directly or indirectly to the prejudice and hindrance of the right of the said R. O. in and to that Office called the Rentership of Finsbury and further do from time to time clearly acquit discharge or save and keep harmless the said R. C. his Executors Administrators and Assigns and every of them against the Major Aldermen Commonalty and Citizens of the City of London and against all and every person and persons to whom it may or shall of right in that behalf belong that then c. or else c. A Condition to make true Accompt of one Bayliffship THe Condition c. That whereas Sir H. H. Knight and Baronet chief Justice of the Common-Pleas Sir J. D. Knight Chancellour of the Dutchy of Lancaster T. N. Esquire Surveyor-General do stand and are possessed amongst other things of the Mannor of c. for divers yet to come upon trust and confidence and to and for the only use of C. P. have by the commandment and warrant of the said C. P. by Deed under his Hand and Seal constituted and appointed the within-bound H. L. to be Bayliff of the Mannor of Westham aforesaid and Collector of the Rents and Revenues perquisits and Profits there during the pleasure of the said C. P. If therefore the said H. L. by himself for his sufficient Deputy or Deputies his or their Executors or Assigns do and shall from time to time for and during their continuance and exercise of and in the said place or office demean himself and themselves therein without voluntary concealment deceit or fraud towards the said C. P. and do and shall yearly during such his and their continuance and exercise as aforesaid at the Audit and Audits to be held and kept for the said C. P. yield and make just and true Accompt to and before the said Auditors for the time being of the said Mannor and Premises and thereupon make payment and satisfaction to the said C. P. his Officer or Officers in that behalf to be authorized and appointed to and for the said C. P. his use at or before every such Audit or Audits of and for all and every such Rents Sum and Sums of Money and other Issues Revenues Goods Chattels Perquisits and Profits as then shall come to the hands of the said H. L. or his Deputy or Deputies or as he or they then ought rightly to be charged withall to the said C. P. his use for or by means or in respect of the said Office or Place that then c. or else c. A Condition for payment of a sum of Money within three dayes after request if the Obligee may not enjoy a Messuage THe Condition c. That whereas the within-bound C. D. by a Deed bearing date within-written for the consideration therein hath assigned and set over unto the within-named A. B. one Indenture of Lease bearing date c. made and granted to him the said A. B. by one c. of a Messuage or Tenement with the appurtenances lying and being c. now in the tenure of c. for the term of c. and all his Estate Right Title Interest and Term of years to come in and to the same Messuage or Tenement and other the premises by the said Lease demised as by the said Poll. Deed or Writing more at large appeareth if therefore the said A. B. his c. paying the said Rent and performing the said Covenant and Duties in the said Lease contained on the Tenants part from and after the c. to be paid and performed shall not or may not peaceably and quietly have hold and enjoy the said Messuage or Tenement with the appurtenances for and during all the residue of the said term without any let trouble interruption of or by the said c. then if the said C. D. his Executors c. do within one Moneth next after notice thereof to him or them to be given by him the said A. B. his c. well and truly repay or cause c. to the said c. his Executors or Assigns the sum of c. of c. the said A. B. them also re-delivering and re-assuring unto the said C. D. his Executors c. the said Indenture of Lease safe and uncancelled and all his Estate Interest and Term of years in and to the same and the premises thereby demised clearly discharged of all Forfeitures Re-entries and Incumbrances whatsoever then to be had made committed or permitted by the said A. B. his c. together with the Poll-deed aforesaid that then c. or else c. A Condition to bring an Inventory into the Prerogative Court by a day THe Condition c. That if M. H. Wife of J. H. while he lived of the Parish of c. do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Debts of the said J. H. and the same so made to exhibit or cause to be exhibited into the Prerogative
Prisoner be removed out of the Fleet that was there in Execution out of the Common-Pleas and he be removed by a Habeas Corpus cum causa and then sent to the Marshalsey for another debt and escape from thence In this case the Keeper of the Marshalsey and not the Warden of the Fleet shall be chargeable for both the first and the second debt Co. 4.98 Dyer 278. 10. If a Woman be Warden of the Fleet and she hath Prisoner one in Execution at my Suit and they marry together this shall be adjudged an escape in Law in the Woman for the prisoner is now by Law discharged So if a man have a Prison in Fee and his son and heir be his prisoner and he dye and the prison descend to his son this will be an escape in Law in the Guardian for which I may have an Action of Escape Plowd 37. The Statutes concerning this Point are Westm 2. cap. 18. He that recovereth debt or damages in the Kings Court may at his choyce have a Scire facias of the Lands and Chattels of the debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough Beasts and the moyety of his Land by a reasonable Extent till the debt be levied And if he be ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be Stat. 32 H. 8. cap. 5. Lands lawfully delivered in Execution upon a Judgment or Recognisance being evicted without any fraud or default in the Tenant before he have levied the whole debt and damages the Recoverer and the Recognisee shall have a Scire facias out of the same Court where Execution was awarded returnable there full Forty dayes after the date And thereupon a new Writ of Execution of the nature of the former to levy the rest of his debt and damages if the Defendant make default or shew no good matter in barre Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled A Writ of Execution shall be within the year so as the parties shall not need to plead After the year a Scire facias Of a Statute A Statute as it is taken for a legal assurance is an Obligation of Record and it is so called because it is made in pursuance of and according to the Form particularly provided for the same and is of three sorts viz. 1. A Statute Merchant 2. A Statute-Staple 3. A Recognisance 1. The Statute-Merchant is a Bond acknowledged before one of the Clerks of the Statutes Merchant and Mayor c. of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor of York c. chief Warden Master or Mayor of other Cities or Towns or before the Bayliffs of any Burrough or other sufficient men for that purpose appointed sealed with the Seal of the Debtor or Recognisor and of the King which is of two pieces the greater is kept by the Mayor c. and the lesser by the said Clerks This is upon 13 E. 1. Stat. 4. Acton Burnell 11 E. 1. Co. upon Lit. 289. And is after this Form NOverint universi per praesentes me A. B. de c. Teneri C. D. de c. in mille libris legalis monetae Angliae solvendis eidem C.D. ad Festum Sancti Michaelis Archangeli anno Regni Regis c. Et nisi fecero concedo quod currat super me et haeredes meos districtio et Poena provis in Statut. Domini Regis edit apud Westm Dat. apud Lond. die c. anno c. Or otherwise thus NOverint Universi per praesentes me R. D. de M. in Parochia de B. in Com. W. Gen. Teneri et per hoc praesens scriptum de Statut. Mercator firmiter Obligari H. M. de C. in Comitatu Civitatis L. Generos in quingentis libris bonae et legalis monetae Angliae solvend eid H. M. aut suo certo Attornato Executoribus et Assignatis suis in festo c. Et si non fecero volo et concedo quod currant super me haeredes Executores et Administratores meo● Districtiones et poenae praemissae in statut ●dit in Parliament Domini Edwardi primi quondam Regis Angliae apud Acton Burnell pro debitis mercatorum Recuperand ' Dat. In English thus MEmorandum That R. T. of H. in the County of K. Esq such a day and year came before our Lord the King in his Chancery at Westminster personally constituted and then and there acknowledged That he did owe c. to E. F. of C. in the County of L. Gent. and S. H. of D. in the said County of L. Gent. c. five hundred pounds of lawful money of England to be paid to the said E F. and S. H. or to their certain Attorney Executors or Assigns on the Feast of St. c. next coming after the date of these presents And if he shall fail in the payment of the aforesaid summe of Money at the Feast aforesaid that then the said R.T. for himself his Executors and Assigns willeth and granteth That the said summe of money shall be levied of his Lands and Tenements Goods and Chattels to the use of the said E.F. and S. H. their Executors and Assigns Witness our said Lord the King at Westminster the day and year above mentioned And these kinds of Statutes although at first ordained and used for Merchants onely yet at this day it is and may be used by any others and it is become one of the most frequent and usual assurances in the Kingdom 2. The Staple doth signifie this or that Town whither the Merchants by common order and command do carry their Commodities as Wooll and the like to vent and utter by the great or whole-sale The Statute-Staple is either properly or improperly so called That which is properly so called is a Bond of Record acknowledged before the Mayor of the Staple in the presence of one of the two Constables of the same Staple and sealed with the Seal of the Staple and sometimes also with the Seal of the party which it seems is not absolutely necessary This was devised and used only for Merchants and Merchandizes of the same Staple and is founded upon 27 E. 3. Stat. 2. Co. super Litt. 289. But this now may be used by Merchants or any other for the payment of debts or assurance of Lands or other things and is of the same nature with the Statute-Merchant A Statute-Staple improperly so called is an Obligation of Record founded upon the Statute of 23 H. 8.6 and is in the nature of a Statute-staple and of the same force This is and may be acknowledged before one of the Chief Justices and in their absence before the Mayor of the Staple at Westminster and the Recorder
City of London or any of them shall appoint or command the same and from thence shall carry away and convey all such Channel dirt filth Sea-coal-ashes sweepings of Houses and Streets Lanes Alleys and other places of and within the said Parish of c. unto some convenient Pastall for the same to be provided by the said E. D. his executors administrators or assigns at his or their proper costs and charges All Rubbish and Rushes as shall happen to be laid out of the Parish Church c. during the said term onely excepted And further that he the said E. D. his executors administrators or assigns shall and will from time to time and at all times during the said term clearly acquit exonerate and discharge and save and keep harmless the said c. and every of them respectively and their Successors in the said Office of Scavenger during the said term of c. of and from all and all manner of Costs Charges Imprisonments Expences and Damages whatsoever by them or any of them to be had or sustained or otherwise put unto during the said term for or by reason of any negligence or default of the said E. D. his c. in the premises or any part thereof And they the said c. do Covenant for payment of the Money at dayes agreed on c. In witness c. A Condition to pay a sum of Money at two several Payments THe Condition of this Obligation is such That if the above bounden I. C. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto the above-named R. M. his Executors Administrators or Assigns at or in the now dwelling house of the said R. M. scituate c. the full sum of 8l and 12s of lawful c. in manner and form following that is to say on the last day of May next ensuing 4 l. thereof and on the c. next c. the other 4 l. 12 s. thereof being the full remainder of the said sum c. without fraud or coven That then this present Obligation to be void and of none effect But if default shall happen to be made in either of the payments aforesaid contrary to the true intent and meaning of these presents that then c. A Letter of Atturney to receive one single Debt KNow all men by these presents That I. E. C. of c. Gentleman have assigned ordained and made and in my stead and place by these presents put and constituted my trusty and well beloved Friend F. L. of c. to be my true and lawful Attorney for me and in my name and to my use to ask sue for levy require recover and receive of I. W. of c. Esq all and every such Debts and sums of Money which are now due unto me by any manner of wayes or means whatsoever Giving and granting unto my said Atturney my whole power strength and authority in and about the premises and upon the receipt of any such debts or sums of money aforesaid acquittances or other discharges for me and in my name to make seal and deliver and all and every such act and acts thing and things device and devices whatsoever in the Law for the recovery of all or any such debts or sums of money as aforesaid for me and in my name to do execute and perform as fully largely and amply in every respect to all intents constructions and purposes as I my self might or could do if I were there in mine own person present ratifying allowing and holding firm and stable all and whatsoever my said Atturney shall lawfully do or cause to be done in or about the execution of the premises by vertue of these presents In witness c. A Condition to make an Apprentice free of London at the end of his Apprenticeship THe Condition c. That whereas J. H. the Son of c. is to be the Apprentice of the above-bound T. R. for the term of seven years as by the Indenture in that behalf to be made shall appear If therefore the said T. R. his Executors Administrators or Assigns at the end of the said term of seven years if the said J. H. shall be his Apprentice and shall dwell with and serve him as an Apprentice do or shall make or cause to be made the said J. H. a Freeman of the City of London and of the Company of Cordwayners of the said City at the proper costs and charges of the said T. R. That then c. A short Letter of Atturney to receive Money due upon a Bond● KNow all men by these presents That I T. A. of c. have assigned ordained and made and in my stead and place by these presents put and constituted my trusty and well-beloved Friend I. B. of c. my true and lawful Atturney for me in my stead and name and to my use and behoof to ask recover and receive of W. S. of c. O. T. of c. and I. M. of c. the sum of c. due unto me for the non-payment of the sum of c. of like money on the 20th day of c. last past before the date of these presents As by one Obligation with Condition there-under written bearing date c. in the year c. more plainly appeareth Giving and by these presents granting unto my said Atturney my full power and lawful authority in the premises to do say perform conclude and finish for me and in my name as aforesaid all and every such act and acts thing and things device and devices in the Law whatsoever for the recovery of all the Debts aforesaid as fully largely and amply in every respect as I my self might or could do if I were personally present and upon the receipt thereof acquittances or other discharges for me and in my name to make seal and deliver Ratifying allowing and holding firm and stable all and whatsoever my said Atturney shall lawfully do or cause to be done in or about the execution of the premises by vertue of these presents In witness whereof c. A Form of an Award TO all Christian People to whom this present Writing shall come T. M. of c. sendeth greeting c. Whereas divers Controversies and Debares heretofore have been had moved and yet are depending between H. D. of c. of the one party and O. L. c. of the other party for the appeasing and determining whereof the said Parties have submitted themselves and are become bound each of them to the other by their several Obligations dated c. in the sum of c. with Conditions upon the same Obligations endorsed for the performance of all and every the Award Arbitrement Determination and Judgment of me the said T. M. Umpire indifferently elected and chosen as well on the part and behalf of the said H. D. as on the part c. To Award Arbitrate Determine and
be commenced by vertue thereof And also if the said A. C. his Executors Administrators or Assigns do or shall upon re quest to him or them to be made well and truly pay or cause to be paid unto the said R. N. his Executors Administrators or Assigns all such sum and sums of Money as the said R. N. his Executors Administrators or Assigns shall be compelled to disburse or lay out for or by reason of any Suit or Suits arrests or other things whatsoever concerning the premises That then c. A Condition to pay Money at the expiration of an Apprentiship THe Condition c. That whereas M. C. Daughter of c. by her Indenture of Apprentiship bearing date with these presents hath put her self an Apprentice unto the within-bound J. S. and L. his Wife and with them to dwell and serve as their Apprentice from the Feast of c. unto the end and term of c from thence next ensuing and fully to be compleat and ended as by the same Indenture of Apprentiship more at large appeareth And whereas also the within-named I. P. the day of the date hereof hath lent disbursed and delivered to the said I. S. the sum of 20 l. of c. to occupy as a stock during the term If therefore the said I. S. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto the said M. C. or her assigns the full sum of c. at the full end and expiration of the said term of seven years or at the day of the Marriage of the said M. which of them shall first and next happen to be or come after the date hereof without fraud or coven That then c. A Condition of an Obligation wherein one Executor stands bound to another to do his diligence in the execution of a Will and from time to time to give a just account THe Condition c. That whereas I. B. of c. Gentleman hath named and appointed the within-bounden T. A. to be one of his Executors together with the within-named G. B. If therefore the said T. A. do from time to time and at all times hereafter use his utmost diligence and endeavour for the true execution of the said last Will and Testament according to the trust in him reposed by the said I. B. do also from time to time yearly until the said last Will and Testament be fully and wholly fulfilled and performed make by himself or by some other lawfully authorized by him a true account to the said G. B. at or in c. at any time between the first and last day of November yearly And 〈◊〉 upon he making up of every such account or accounts the said T. A. his c. shall make delivery of the moyety and one half of all sums of Money Goods and Chattels that the said T. A. his c. shall have in his or their Custodies or shall have received by vertue of the said Executorship of the said last Will and Testament of the said I. B. That then c. A Condition that the Lessor shall pay Money back upon the Lessees dislike of a Farm THe Condition c. That whereas there hath been communication between the within bound T. B. and the within-named P. C. for and concerning one Farm called A. in the County of S. now in the Occupation of the said T. B. to be granted by the said T. to the said P. for the term of six years If in case the said P. C. shall mislike to proceed in the same and of such misliking to give notice to the said T. B. before the last day of c. next ensuing at the Messuage of the said Farm Then if the said T. B. his Executors c. do within three dayes next after such notice of misliking given well and truly pay or cause to be paid to the said P. not only the sum of 61. of c. to him the said T. delivered at the ensealing hereof but also do pay or satisfie unto the said P. all such sums of money and other things as the said P. hath or before that time shall have paid or be at for the sowing and manuring of the said Farm or any part thereof That then c. A Condition for building and setting up a Farm or a House THe Condition c. That if the within-named E. W. his executors administrators or assigns do at his and their own Costs and Charges on this side and before the Feast of c. next coming after the date above-written not only well work and substantially erect build and set up or cause to be erected built and set up one good and substantial new frame or building of good new sufficient and well-soasoned Timber of heart of Oak to serve for the Plat or Foundation already set forth or made within the Messuage or Inn called or known by the name or sign of the Ship in the Parish of Saint Clements Danes in the County of Middlesex which shall contain from the West towards the East forty Foot of Assize and in breadth from North to South twenty five Foot of Assize and with part thereof which shall extend from the South-part of the measure before-mentioned towards the South shall continue in length twenty Foot and in breadth eighteen Foot and twelve Inches All which said building shall contain in height three Stories and an half and every Story to contain in the height seven Foot of Assize at the least But also do before the said Feast of c. at his like Costs and Charges fit and furnish the same Building with Floors boarded Doors Stairs Pent-houses and other things pertaining to or being Carpentary work with sufficient Nails for the same Hooks and Hinges for all the Doors in which said Building there shall be such and so many stairs as the within-named P. G. shall appoint and to be set in such place and places as the said P. shall nominate and there shall be in the Stories extending West and East partitions and three several Rooms and in every Room one imbowed Window with such and so many clear Windows as the said P. shall appoint and in every of the Stories of the Building extending from North to South one Partition and one Room in every of which Room there shall be one imbowed Window all which to be well and sufficiently finished as aforesaid before the said Feast c. next coming That then c. A Condition to save Three harmless which are bound for One by Recognizance to the Chamber of London for Orphans money THe Condition of this Recognizance is such That whereas the within-named J. C. J. L. and W. G. at the instance and request of the above-bound E. K. together with the said E. K. in the Inner-Chamber of the Guild-hall of the City of London are become joyntly and severally bound unto R. B. Chamberlain of the City of London
and seal that then c. or else c. A Condition to pay use for Orphanage or Legacy-money belonging to Orphans THe Condition c. whereas the within-bound A. B. and C. D. on the day of the date within written have in their hands possession and custody the sum of c. of c. being Orphanage or Legacy-money appertaining unto E. F. and G. H. Children and Orphans of I. K. late Citizen and Grocer of London deceased for the sure payment whereof at such time or times as the said Orphans shall be severally capable of their several portions according to the custom of the City of London or according to the dayes and times limited in the Testament and last Will of the said I. K. Father of the said E. F. and G. H. the said A. B. and C. D. with other Sureties stand obliged and bounden by Recognizance taken and acknowledged in the Orphans Court of the City of London to the Chamberlain of the said City for the time being in certain competent penalty of certain penalties according to the custome of the said City And whereas the charge education keeping and bringing up of the said Orphans is committed unto the said I. K. and S. his wife Mother of the said Orphans if therefore the said A. B. and C. D. or either of them or the executors administrators or assigns of them or either of them do every year yearly during so long time as the said Sum of c. or any part thereof shall continue and be in the use and occupation of them the said A. and C. or either of them or of the executors administrators or assigns of them or any of them do well and truly pay or cause to be paid to the said I. K. his executors or assigns for and towards the charge and education of the said Orphans or of such of them as shall longest continue and be in his or their Orphanage or Minority for the use loan or occupation of the sum of c. or of such part thereof as shall longest continue and be in the use possession or occupation of them the said A. B. and C. D. or either of them or the executors or assigns of them or any of them after the rate and allowance of 6 l. 13 s. 4 d. of c for every hundred and so after that rate for a lesser sum as the cause shall require the same allowance to be paid quarterly at the Feasts of c. yearly by equal portions at or in the c. that then c. or else c. A Condition for the executing of a Goalership THe Condition That if the within-bound I. W. his executors or assigns do well and truly execute and use the Office of Goalership in the County of E. and also do well surely and safely keep all and every such person and persons now being in the prison of the Kingdom of England in the same County of E. or that hereafter shall be committed to the said Goal or to the said I. W. and further That if the said I. W. his executors or assigns at his or their proper costs do safely carry bring and re-carry all persons in the said Goal now being or that at any time hereafter shall be Prisoners there to any such place or places as the said Sheriff or his assigns shall appoint or name within the said County of E. and furthermore be truly and diligently attending aiding and assisting the said Sheriff and his Under-Sheriff and Deputies at all and every time and times when any execution shall be done within the said County to and upon any person or persons attainted or to be attainted for Treason Felony Murther or Heresie or otherwise or for any other cause unto the end of the execution And further if the said I. W. his executors and assigns do discharge and save harmless the said Sheriff his heirs executors administrators and assigns against the Kingdom of England and against all and every other person and persons and from all manner of escapes damages and losses fines issnes and amerciaments which by the negligence or otherwise of the said I. W. his executors or assigns that the said Sheriff shall or may in any wise be charged or incumbred or ought to be charged by the Law by reason of the office of the Sheriffwick of the said County from time to time and do content and pay to the said Sheriff his Heirs Executors or Assigns all such Sum and Sums of Money as the said Sheriff his Heirs Executors or Assigns ought to pay to the Kingdom or to any other person or persons to be due to the said Sheriff by reason of the said Office of Goalership that then c. or else c. A Condition for the re-assurance of Lands THe Condition c. That if the within-bound A. B. his Heirs Executors Administrators and Assigns and every of them do from time to time and at all times hereafter upon the reasonable request at the costs and charges in the Law of the within-named C. D. make knowledge and suffer unto the said C. D. his Heirs or Assigns or unto such other person or persons as he or they shall name or appoint all and every such lawful and reasonable act and acts thing and things device and devices in the Law as by the said C. D. his heirs or assigns or by his or their Councel learned in the Law shall be reasonably advised or devised for the assurance and conveying unto him the said C. D. his Heirs and Assigns for ever absolutely without any manner of condition or mortgage all such Tenements Lands Meadows Leases Pastures and Hereditaments whatsoever with all and singular their appurtenances situate lying and being in c. all which c. now are or late were in the tenure or occupation of c. or his assigns and sometime were in the tenure of c. or his assigns which said Lands Tenements Meadows Leases Pastures and Hereditaments were lately conveyed bargained and sold unto the said A. B. and his Heirs by W. M. of c. as by an Indenture thereof made between the said W. M. on the one part and the said A. B. on the other part bearing date the c. last past before the day within-written more plainly at large it may appear And also if the said Lands Tenements Meadows Leases Pastures and Hereditaments and all and singular other the premisses with the appurtenances now be and at all times hereafter shall be free and clearly discharged or otherwise sufficiently saved and kept harmless by the said A. B. his Heirs Executors and Administrators of and from all and every bargain sales leases titles troubles and incumbrances whatsoever had made or done or hereafter to be had made or done by the said A. B. his Heirs or Assigns that then c. or else c. A Letter of Atturney contained in the latter end of an Indenture ANd furthermore the said G. C. and T. N.
Defendant avowing for damage Feasant the Plaintiff justifieth by reason of Common of Pasture Stat. Marlb cap. 21. The Sheriff may replevin Beasts not onely without but within a Liberty also if the Bayliff of the Liberty will not Stat. Westm 2. cap. 2. The Sheriff or Bayliff shall take Pledges of the Plaintiff not onely de prosequendo before they make deliverance of the Beasts but of returning the Beasts if a return be adjudged he that taketh pledge otherwise shall answer the price of the Beasts Upon a Return awarded to the Defendant the Writ de Returno habendo shall have this Clause That the Sheriff shall not deliver them without Writ wherein mention shall be made of the Judgement And thereupon the Plaintiff if he will may have a judicial Writ to the Sheriff to deliver him the Beasts Upon a Return awarded after which if a Return another time be awarded there shall be no more Replevins And if upon his default a second time or otherwise the Defendant be adjudged to have a New Return the Distress shall remain irreplegiable Stat. 1 2 Phil. Ma. cap. 12. Every Sheriff of a Shire being no City shall at his first County day or within two moneths after the receit of his Patent proclaim in the Shire Town four Deputies at the least dwelling not past Twelve miles one from another which in his name shall make Replevins as the Sheriff might do himself This is all thought fit at the present to be Added to make this Book Compleat wherein you not onely find the Choycest Presidents in their kinds but the Nature and Use of them according to the Common Law or as bounded by Statutes And withall given a short Touch upon Distresses and Replevins with the Statutes relating thereto FINIS The Table A INdenture of Annuity 1 118 159 450 571 Assignment of a Lease in trust 10 138 176 Atturney Letter of Atturney 33 144 147.199 200 Another 34 146 148 149 201 203 204 319 341 Award the form thereof 34 172 584 587 Assignment of two several Obligations 52 Assignment of two Apprentices c. 53 Assignment of a Lease of Partition c. 57 Assignment of a wharf-stocke c. with a general Release c. 61 Assignment of a Lease c. with an Execution 62 67 134 491 Assignment with a Proviso 96 Assignment of Lands taken upon extent 98 Apprentiship Indenture thereof 119 Assignment of a moyety of a house goods c. 136 Assignment of an Annuity 140 175 Apprentice discharge of him 144 Arbitrement condition of a bond thereof 153 160 Apprentice covenant for his truth 153 Annuity released 330. Atturney Letters of Atturney several kindes thereof 342 343 344 345 346 347 369 386 Assignment letter of Atturney of several bonds 381 Answer in Chancery beginning end thereof 425 Title of a Second answer c. 427 Affidavit that a Defendant cannot answer without sight of writings 429 Administrators account the form thereof 430 Answer in Chancery to a bill there-exhibit 431 Articles of agreement form thereof 439 454 561 Acquittance for purchase money 501 Attornment of tenants indorsing thereof ibid. Assignments of several Leases with good Covenants 536 Articles for buildings 557 Articles to Surrender Copyhold lands c. 565 Assignment of a bond for collaterall Security 570 Articles to hold Coyhold lands from year to years c. 574 Allotment of several parcels of Land an Indenture to that purpose 632 Atturney Letter of atturney Irrevocable with covenant c. 650 Another of another kind 651 Of a mans Estate in generall 652 Of severall Sums of money 653 Assignment of certain debts 654 B BIll of Sale 17 170 Bond assignment thereof 41 Bargayne and Sale of a Mannor with necessary Covenants 102 120 Bargayn and Sale of a house in London 130 Bill of Debt 163 489 654 Bill obligatory 164 Bargaine and Sale of houshold-stuffe and others 170 171 Bargaine and Sale of trees 208 Bargaine and Sale absolute of a house Land 214 607 609 Brewers Clarke a condition for him 225 Bargaine and Sale of woods 320 618 619 Burgess to serve in Parl. Indenture 357 Bills in Chancery Several formes thereof 420 433 Bill of Revivor 424 Bargaine and Sale deed to revoke it 442 Bargaine and Sale for collaterall Security 483 Bargaine and Sale upon Surrender of a Lease 511 Bargaine and Sale in trust 523 A plain Bargaine and Sale to be enrolled 556 Bargaine and Sale from the mortgages and mortgager to another before time of redemption 593 Bargaine and Sale conditionall to Feoffees in trust 599 Bargaine Sale of Swan and Swan-mark 617 C Condition to pay a Summe of Money at two payments c. 32 179 Condition to make Free an Apprentice 33 Condition to pay Money in 14 dayes c. 56 160 Condition to yay Money to Children at their several Ages according to a Will c. 59 60 Condition to pay Rent quarterly c. 87 158 188 192 332 549 Covenant to deliver possession or a deed 95 185 300 Contract of matrimony revoked 97 Charter-party for a ships voyage 100 395 Conveyance in Fee of a house and land c. 125 Copyhold Covenant to Surrender it 151 156 199 332 Covenant for further assurance 151 154 158 Covenant that he is lawfully seized c. 152 Covenant not to cut down or Sell trees c. 152 Condition of a Bond of Arbitrement 153 160 Condition to find one dyet by the year 155 Condition to save a tenant harmless for payment of rent the title being in controversy 155 547 Condition to discharge Churchwardens of a child c. 156 Condition for quiet enjoyment c. 157 187 188 327 Condition to Save harmless c. 161 183 190 193 196 197 198 Condition to pay money upon a nonsuit 162 Condition to perform Covenants 162 180 298 Condition to deliver Hay or Oats at a day 179 Condition to stand to an Award c. 180 Condition not to demise or alien without consent 181 Condition to justifie actions c. 182 Condition to pay money yearly c. 183 185 Condition to seal an Indenture by a day 184 Condition to assign a Lease c. by a day 186 302 Condition not to do any act to prejudice the estate of the Obligee in a Lease c. 187 Condition from a husband to secure childrens estates 189 Condition for an hired Servants truth 191 Condition to pay money at the end of an Apprentiship 194 Condition to repay money upon dislike c. 195 Condition to build a house or Farm ibid. 299 Conveyance of Land upon marriage 218 Condition that Land is free from incumbrances 224 Condition for a Brewers Clerk 225 Covenant to seal a new Lease and the Lessee in the interim to enjoy 236 Covenant to pay the Sheriff for an Arrest 238 Covenants between Partners at the dissolution of their Partnership 238 Conveyance from tenant in tayle to Baron and Feme and the heirs of the Baron for ever
aforesaid and to his Successors Chamberlains of the same City in the sum of 350 l. of c. with condition amongst other articles in the said Recognizance specified for the true payment of 300 l. of like money unto the said Chamberlain or his Successor to the use of E. and J. Orphans of T. B. late Citizen and Grocer of London deceased at such time as they or either of them shall accomplish their several ages of twenty one years as by the said Recognizance and Condition thereof more at large may appear If therefore the said E. K. his Heirs Executors or Administrators do from time to time and at all times hereafter discharge exonerate acquit or otherwise well and sufficiently save and keep harmless the said J. C. J. L. and W. G. and every of them and the Heirs Executors and Administrators of them and every of them and all and singular the Lands Tenements and Hereditaments Goods and Chattels of them and every of them against the said Chamberlain and his Successors and against all and every other person or persons whatsoever of for and concerning the said Recognizance and all and singular sums of money penalties forfeitures and things whatsoever in the said Recognizance or condition thereof or either of them contained or specified and also of for and concerning all and singular Actions Suits Judgments Extents Executions Molestations Costs Charges Troubles Incumbrances and Demands whatsoever which shall or may arise grow happen or be by reason or means of the said Recognizance And also if it happen the said E. K. before the said sum of 300 l. be fully paid to the said Chamberlain or his Successors according to the tenour and purport of the said condition of the said Recognizance to decease or by any means to come to poverty and insufficiency of himself to his goods and chattels out of the liberties of the City aforesaid to absent withdraw or purloyn Then if the said E. K. his heirs executors or administrators within six moneths next after such decease coming to poverty and insufficiency or such withdrawing absenting or retaining himself or his Goods or Chattels out of the liberties of the City aforesaid or upon reasonable request do make true payment unto the said Chamberlain or Successors of the said sum of 300 l. to the use aforesaid and then also within the same six moneths or upon such request as aforesaid do cause and procure the said Recognizance and all Extents and Executions of the same to be clearly and lawfully discharged and made void That then c. A Condition from the under-Sheriff to a High-Sheriff for saving harmless THe Condition c. That whereas the above-named Sir M. G. Knight Sheriff of the County of B. hath assigned and deputed the above-named R. B. his Under-Sheriff If therefore the said B. N. the above-bound C. R. and G. D. their Heirs Executors and Administrators and every of them do at all time and times hereafter save and keep harmless and indempnified as well the said Sir M. G. his Heirs Executors Administrators and Assigns and every of them as also the said Lands Tenements Hereditaments Goods and Chattels of the said Sir M. G. of for touching or concerning the returns and executions 〈◊〉 all such Process Writs and Warrants of what nature soever they be as are or shall be hereafter directed to the Sheriff of the said County of B. and shall be brought and delivered or offered to be delivered to the said B. N. during the term that the said Sir M. G. shall be Sheriff of the said County And of and from all Issues Fines and Amerciaments which shall happen to be imposed or taxed upon the said Sir M. G. for or concerning the not executing wrongful executeing or detaining in his hands any Writs Process or Warrants and of for and concerning all Escapes of all and every person or persons that shall be arrested or apprehended by vertue of any such Process Writ or Warrant during the time that the said Sir M.G. shall continue Sheriff of the said County of B. And also if the said B. N. C. R. and G. D. their Heirs Executors and Administrators and every of them shall save harmless and indempnified the said Sir M. G. and his Heirs and Assigns and his and their Lands Goods and Chattels of for and concerning all such accompt and accompts as the said Sir M. G. is and shall be charged withall as Sheriff of the said County of B. to our Soveraign Lord the King his Heirs or Successors in any of His Majesties Courts and of all sums of money which shall be levied or received by the said B. N. as Under-Sheriff of the said Sir M. G. or any Bayliff or other person by the direction or assent of the said B. N. to the use of the Kings Majesty his Heirs or Successors That then c. A Condition to save harmless a Surety from a Bond of Arbitrement THe Condition c. That if the above-bound A. D. his Executors and Administrators or any of them do and shall from time to time and all times hereafter well and sufficiently save and keep harmless and indempnified the above-named G. M. his Heirs Executors and Administrators and his and their Lands Tenements Goods Chattels and Hereditaments of for from and concerning one Obligation bearing date the day of the date above-written wherein the said G. M. at the request of the said A. D. is and standeth bound unto R. M. Gentleman in the sum of 100 l. with Condition there-under written that the said A. D. abide the award of W. M. and T. B. Esquires Arbitrators and of and from all Actions Suits Arrests Costs Charges and Demands whatsoever concerning the premises without fraud or coven That then c. A Condition if money be not paid at the day then to surrender certain Copy-hold Lands c. THe Condition c. That if the within-bound B. L. do not or shall not well and truly pay or cause to be paid unto the within-named J. P. his Executors Administrators or Assigns the full sum of c. on the c. next ensuing the date within-written at c. according to a Proviso or Condition mentioned in a Deed or Surrender bearing date the day of c. Then if the said E. L. and A. his wife do and shall at the next Court to be holden for the Mannor of c lawfully and absolutely surrender into the hands of the Lord of the said Mannor to the only use and behoof the said J. P. his Heirs and Assigns for ever according to the custom of the said Mannor the said several parcels of Land with their and every of their appurtenances in the said Surrender mentioned And also if the said J. P. his Heirs or Assigns shall or may peaceably and quietly have hold and enjoy the said parcel of Land and every of them with their and every of their appurtenances so surrendred as aforesaid freely and clearly acquitted of and from