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judgement_n action_n debt_n writ_n 2,286 5 9.4361 5 true
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A86255 The modern assurancer, or The clarks directory. Containing the practick part of the law, in the exact formes and draughts of all manner of presidents for bargaines, and sales, grants, feossments, bonds, bills, conditions, covenants, joyntures, indentures; to lead the uses of fines and recoveries, with good provisoes, covenants to stand seised, charter-parties for ships, leases, releases, surrenders, &c. And all other instruments and assurances now in use: intended for all young studients and practizers of the lavv. / By J.H. With an exact table wherein may be found the principall matters therein contained. Herne, John, fl. 1660. 1658 (1658) Wing H1573; Thomason E1825_1; ESTC R209811 252,283 306

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space of foure yeares and do also from time to time and at all times hereafter upon reasonable request make and deliver unto the said T. B. his executors or assignes a good just true and full account payment and satisfaction of all and singular such summes of money debts and other goods of the said T. B. as he the said T. T. shall receive or cause to be received or that shall come to the hands custody or possession of the same T. T. or any other persons by his meanes or procurement and further if the said T T. do not at any time during the said term of foure yeares imbezill purloin or unlawfully consume make or doe away or give his consent the imbeziling purloining or unlawfully consumeing making or doing away of any of the money debts goods or chartells of the said T. B. his Executors or assignes by any wayes or meanes either directly or indirectly That then c. A Condition to answer that an apprentice shal endammage his Master THe Condition c. That where R. B c. hath put himselfe an apprentice c. If the said R. B. shall at any time or times during the said term of seven years imbezill purloin or unlawfully and untruly make away consume wast or mispend any of the Goods Wares money or Merchandise of the said B. B. his Executors Administrators or assignes or any of them If then and in every such case the within bound S. B his Heires Executors Administrators or assignes or any of them doe and shall alwaies within six moneths next after notice or warning to him or them thereof given by the said B. his Executors Administrators or assignes or any of them well and truly satisfie content and pay or cause c. unto the said B. B his executors administrators or assignes the full value in lawfull english money of all and every such goods wares money and merchandise of the said B. his executors administrators and assignes and every or any of them so to be imbezilled purloined or unlawfully and untruly made away consumed wasted or mispent by the said R. B. as aforesaid That then c. A Condition that a man shall leave his wife two parts of his lands and goods if she survive him THe Condition c. That if it do fortune the above bounden T. G. to marry and take to his wife I. B. c. and if after the same marriage had and consummate it do happen him the said T. to decease and the said I him to survive If then the said T. before the time of such his decease shall aswell assure and leave to the same I. two full parts of all such goods and chattels as he now hath or hereafter shall have the same into three parts being devided As also shall assure and convey two full parts of all such Lands and Tenements as he the said T. hereafter shall purchase or procure to be purchased or conveyed to his use at any time during the life of the said I. the same in three parts to be accounted So that immediatly upon every such severall purchase two parts at the least of all Lands and Tenements to passe in every such purchase shall at the first assurance and conveyance thereof to be made be conveyed and assured to the said I. and to their Heires or to them and the heirs of their two bodies and for lack of such issue to the Heirs of the said I. for ever and not otherwise That then c. A Condition to pay a summe of money or deliver a Chain by a day THe Condition c. That if the within bound Sir H. C. Knight and W. S. or either of them or the Executors c. do well and truly pay or cause c. to the within named T. C. his certain Attorney Executors or Administrators at the now mansion house of the same T. scituate the summe of eighty four pounds ten shillings of lawfull c. on the seventeenth day of Apr. next c. Or in default thereof do at or before the seventeenth day of Apr. aforsaid well and truly deliver or cause c. to the said T.C. his Executors c. at the said now mansion house of the said T. one chain of Gold weighing thirty ounces of 22. Carrets the ounce five or better That then c. A Condition where two Executors are that each shall answer a moyety of that shall be recovered for any act done by their Testator THe Condition c. That whereas the within named H. E. and the within bound I. E. have joyntly taken upon them the execution of the Testament of T. E late of R. in the county of E. Genr. deceased If hereafter it shall happen that any sum or sums of money or other demand hereafter shall be lawfully demanded against the said Executors or either of them or their severall Executors or Administrators for any thing done made or acknowledged by the said T. E. whilest he lived If then in every such case the said I. E. his Heires Executors and Administrators upon reasonable request doe and shall beare and satisfie with the said H. his Executors and Administrators the moyety and one halfe of all such charges costs losses and damages as shall grow or happen to them or any of them by reason of any such demands as aforesaid That then c. A Condition to re-deliver a Letters Patents by one borrowed of another THe Condition c. That whereas the within named A. P. immediatly before the ensealing and delivery of the Obligation within written hath delivered and lent to the within bound R. N. one Letters Patents under the great seal of England bearing date at G. the c. containing foure skins of vellom made and granted by our said Soveraign Lord the King to the said A. P. and to one A. K. of L. Gent. of divers concealed Lands upon a warrant therefore granted by our Soveraign Lord the King unto Sir I. P. Knight As by the Letters Patents at large it doth and may appeare If the said R. N. his Executor or Administrator at or on this side the tenth c. next c. well and truly do re-deliver or cause c. the said Letters Patents to the said A. P. his Executors Administrators or Assignes at the now mansion house of the said A. scituate c. whole safe and uncancelled and in any part thereof not defaced hurt broken or impaired That then c. A condition for sealing of a generall quittance by one by a day THe Condition c. That if H. F. of L. c. at or before the Feast c. next c. do make seale and deliver to the within named E. B. at his Chamber in the Inner Temple of L. one generall acquittance to the use of E. L. of c. whereby the said H. shall release and quite claim to the said E. L. all Actions Suits Quarrells Debts Accounts Judgements Executions and Demands whatsoever That then
c. If so be the said E. L. his Executors or Administrators doe from henceforth and at all and every time and times hereafter at and upon the lawfull and reasonable request or demand of the said J. J. his executors administrators or assignes at his and their costs and charges in the Law justly uphold and maintaine with effect the said writing and Letter of Attorney and the power and authority thereby given and also all and every such lawfull action and actions Suits Plaints Pleas Processes Judgements and Executions of the same as the said J. his executors administrators or assignes or any of them hereafter shall attempt have commence pursue or bring in the name of the said E. his executors or administrators against the said C. R. and Sir T. or any of them or against the heires executors administrators Goods Lands Tenements and Hereditaments of them or of any of them by force of the same writing or Letter of Attorney or otherwise of and for the having recovering and receiving of all the same Debts Duties and summes of money or any part of them without being non-suit releasing discharging or otherwise making void the same action or actions Suits Plaints Pleas Processes Judgements and Executions of the same or any of them without the speciall licence consent and agreement of the said J. J. his executors administrators or assignes first had and obtained in that behalfe in writing and further if the said E his Executors administrators or assignes have not at any time or times hereafter received released or discharged nor at any time or times hereafter do receive release or discharge any of the foresayd debts summe and summes of money or other things which the said E L by the foresayd Writing or Letter of attorney hath authorized and appointed the said I. to recover and receive of the foresayd C R and Sir T or any part of them nor any condemnation judgment or execution to be had obtained gotten or sued forth thereupon or therefore or any part thereof without like licence consent and agreement first had and obtained in that behalf in wriring as aforesaid And further if the said I.I. his Executors and assignes do or may at all times hereafter peaceably and quietly have take recover receive and enjoy to his and their own proper use for ever all the same debts duties summe and summes of money and other thing and things which is or shall be recovered or received of the sayd C R and Sir T or any of them or of the Executors or administrators of them or any of them as aforesaid and every part thereof without any let trouble claim eviction recovery or interruption of the said E L his Executors Administrators or Assignes or any of them or of any other person or persons in the behalf right or title or by the means or procurement of them or any of them That then c. A Condition where one is bound with Sureties to certain of his wives friends to leave her the worth of foure hundred pounds monie Goods and Chattells if she survive him THe Condition c. That whereas marriage is concluded and by Gods favour shall be shortly solemnized between the within bound I. S. and H D of N c. within said Widow if it shall fortune the said J. hereafter to decease and the said H him to survive If then the within bound F. S. his Heires Executors or Administrators or the Heires Executors or Administrators of the said I S do within the space of three months next after the decease of the said I S freely and quietly deliver and give or cause to be freely and quietly delivered and given to the said H or to her Assignes for her use so much ready money goods and chattells as then shall be cleerly and sufficiently well worth four hundred pounds of c. and which the said H from thenceforth may lawfully have hold and enjoy to her own use without any manner of lawfull trouble reclaim or recovery of or by any person or persons That then c. A Condition that a man and his wife shall bring up Children and to pay their Portions THe Condition c. That where the above bound A. P. in her Widowhood did choose and take upon her as well to keep and bring up A S her Daughters As also if God so will the Child wherewith she is now great untill their severall marriages or ages of one and twenty years according to the liberty to her in that behalf given by the above named R R in and by his last Will and Testament and so hath lawfull right to detain and keep the severall Legacies which the said R R in his Testament did give unto the said Children untill the said Children shall severally be married or severally accomplish the age of one and twenty years As by the said last Will c If the above named T P and A his wife their Executors Administrators or Assignes do bring up and keep the said Children untill their severall ages or marriages aforesaid And as they or any of them shall severally attain to the said age or be married do pay or cause c. unto them and every of them severally all such summe and summes of money as to them or any of them shall then be payable according to the tenor and true meaning of the said last Will and Testament without fraud or deceit That then c. A Condition where A. and B. are bound as Sureties with C. and A. and B. bind themselves to one another to pay half of the money THe Condition c. reciting the first bound and that A and B. entred thereinto at the request of the said C If C do pay to the party according to the condition of this Bond. Or else before the said 8. of October do cleerly acquit and discharge the said A and B. of and for the said Bond or else if the said A. do lawfully pay or tender or cause to be payd or tendred to the party the said eighth of October one hundred and ten pounds of the said two hundred and twenty pounds That then c. A Condition to pay money taken up by exchange upon the rechange thereof to London THe Condition c. That where the within named H. K. at the speciall request of the within bound E.C. for her together with her hath taken up by way of exchange at double usance for Hambrough of one R.P. the summe of thirty pounds sterling at the rate and price of c. and given their Bill of exchange directed to one W I for payment thereof with advise to take the same up again for London by exchange at double usance as the exchange shall then go upon the said H K and E C If the said E C her Exetutors Administrators or Assignes or any of them do truely content and pay or cause c. the sayd summe of thirty pounds to such person or persons as the Bills
time hereafter without the request and consent of the said W. his executors or administrators shall not do or procure to be done any act or thing whereby or by meanes whereof the said writing obligation or summe of two hundred pounds or any part thereof is or shall be released or acquitted any manner of way or whereby any action suit processe or execution hereafter to be had or taken upon the said Statute shall or may be barred defeated made frustrate or lose his effect And if also the said R. C his executors administrators and assignes and every of them do and shall from time to time and at all times hereafter agree permit and suffer that the said two hundred pounds if it shall be forfeited shall be recovered taken and levied the one moyety thereof for the onely use and behoof of the said R. his executors administrators and assignes and the other moyety thereof for the said W. his executors administrators and assignes without any let deniall or contradiction of the said R. his executors administrators or assignes That then c. A Condition to justifie a Letter of Attorney such a one as will serve at all times if there be more summes then one and whereas the Constitutee is to have them THe Condition c. That if the within bound I. M. his executors administrators and assignes do at all times hereafter aver justifie maintain and allow all such actions suits Writs Pleas Plaints Processes Condemnations Iudgements Executions and Demands as it shall fortune the within named I. C. his executors or assignes at any time hereafter to commence conceive purchase exhibit procure or prosecute by force of a Letter of Attorney of the date within written made from the said I. to the said I. against all or any the persons debtors therein named their executors or administrators for recovery of the severall summes of money by every of them severally owing mentioned in the said Letter of Attorney to the onely use therein specified And do permit and suffer the said I. his executors and assignes to recover and receive all and every the said severall debts and summes of money and the costs damages and profits of suits and other advantages to come or grow any way to the onely use of the said I. his executors and assignes for ever without account or without release acquittance discharge non-suit countermandment dis-avowry retraxit or other avoyding of the same persons summes of money debts suits or other demands accrewing upon the same without the consent in writing of the said I. his executors or assignes first had for the same That then c. A Condition upon a Letter of Attorney that the Constitutee may receive the money to his own use THe Condition c. That where the within named T. D. hath a Warrant of Attorney of the date within written to him his executors and assignes made by the within bound I. B. to recover demand and receive of I. H and R. G. fifty pounds wherein they stand bound to the said I. B. by their Obligation dated c. As by the said Warrant of Attorney appeareth If the said I. B. his Executors and Administrators do and shall suffer the said Warrant of Attorney to stand and continue unrevoked not made frustrate or countermanded and do and shall suffer the said T his Executors and assignes to sue for recover receive and enjoy to and for his and their own use the said summe of fifty pounds from time to time without any let molestation impediment or account of the contrary● And also do and shall upon the r●asonable request and at the costs and charges of the said T. his Executors or Assignes avow justifie and suffer to be maintained all and every lawfull action suit plea processe judgement and execution that he or they shall take have pursue or prosecute upon the said Obligation in the name or names of the said I his Executors or Administrators without being non suit discontinuing or hindring any of the same actions suits judgements or executions and also if the said Obligation or summe of money or any part thereof be not acquitted or released nor hereafter shall be acquitted or released by the said I. his Executors or Administrators nor attached without the request of the said T. his executors or Administrators That then c. Another Condition upon a Letter of Attorney THe Condition c. That where the above named G. M. by his Warrant of attorney of the date within written hath constituted made and ordained the above named R. S. his executors administrators and assignes to recover and receive divers summes of money in the same Warrant of Attorney expressed and particularly mentioned As by the said Warrant may plainly appear If the said G. his Executors and Administrators doe and shall permit and suffer the said R. his Executors Administrators and Assignes to recover and sue for the said summes and every of them and the same to take receive and enjoy to his and their owne use without any account thereof or of or for any part thereof to be yeilded or demanded to or by the said G. his Executors or Assignes and without any other let impediment or disturbrance of the said G. his Executors Administrators or Assignes And also doe and shall from time to time at all times hereafter upon and at the reasonable request costs and charges of the said R. S. his Executors Administrators or Assignes avouch justifie and suffer to be maintained all and singular such lawfull Processes Actions Suits and Executions as the said R. his Executors Administrators or Assignes shall sue take have or prosecute in the name or names of the said G. M. his Executors or Administrators for the Recovery and getting of the said summes or any of them without being non-suit making release retraxit or other discontinuance of or in any such Suit Action or Processe otherwise then by the consent of the said R. his Executors or Administrators And also doe make from time to time to the said R. his Executors Administrators and Assignes such further Letters or Warrants of Attorney for and concerning the recovery and suits aforesaid or any of them as by him or them at their own costs shall be devised and reasonably required And further if the sums of money mentioned in the said Letter of Attorney and every of them be at the ensealing and delivery hereof lawfully and truly owing to the said G not attached and shall be proved owing as aforesaid by the said G. or his assignes at the costs of the said R. his Executors or assignes when he or they shall have need requiring the same proof and hereafter shall not by any meanes be attached nor by the said G. his executors or administrators received acquitted released nor compounded for nor any part thereof without the consent and request of the said R. his executors or administrators That then c. A Condition to pay money upon an Act executory THe Condition
third c. to pay c. As by the same severall Obligations with their severall Conditions upon them severally endorsed will appeare If the said X. H. W. D. and F. F. their Heires Executors or Administrators or any of them do aswell from time to time at all times save or keep harmlesse the said I. M. his Heires Executors and Administrators and every of them of for and from the said Obligations and every of them and all Suits Actions and Demands Costs Charges Judgements and Executions of or by meanes of the said Obligations or any of them to be had sustained pursued or brought against the said I. M. his Heires Executors or Administrators or any of them As also do procure that at or on this side c. either the said Obligations and every of them be delivered to the said I. M. his Executors or Administrators at the now mansion c. discharged and cancelled or else good and lawfull Releases Acquittances or other discharge sufficient in the Law to discharge and acquit the said I. M. his c. of and for the said Obligations or for so many of them as at the time and place aforesaid or in the meane time before hand shall not be delivered to the said I. M. his Executors or Administrators so discharged and cancelled as aforesaid That then c. A Condition that a Chapman being trusted by an occupier in London for wares shall make payment allwaies for the same at such time as the redeliverer and chapman shall agree THe Condition c. That whereas order and composition is had made and concluded between the within named W.S. one R.C. of the City of Oxon. Haberd that the said W. or his assignes shall deliver or cause to be delivered unto the said R. or his assignes for and during the time and space of foure yeares next c. such and so many Hats Caps and other Wares and things belonging to the Trade and Occupation of a Hab. of Hats and Caps as the said R. or his assignes shall think meet and convenient to take up the same Hats Caps Wares and other things so to be taken up by the said R. or his assigns as aforesaid at one time not amounting over and above the summe of c of lawfull c. If therefore the said R. or his assignes do from time to time during the said time and space of foure yeares now next ensuing well and truly content satisfie and pay or cause the said W. his Executors or assigns to be well and truly and fully contented satisfied and paid for all such Hats Caps and other Wares or things whatsoever which the said R. or his assignes shall from time to time within the space aforesaid have receive or take up at the hands of the said W. S. his Executors administrators or assignes and for every part and parcell of the same Hats Wares or other things whatsoever and within such reasonable time and space as shall be concluded and agreed upon between the said W. and R. or their assignes in that behalf without fraud or covin That then c. A Condition for repayment of money upon request for payment of certain interest yearly during the Obligators having of the Principall towards the Education of Children and for renewing of Sureties in case of death or decay in the Obligors THe Condition c. That whereas the above named the right honourable Sir F. K. and Sir W. M. Knights have delivered to the above bounden W.G.I.S. and T.S. three hundred seventy five pounds five shillings nine pence half penny farthing of currant money of England raised and levied of certain of the Lands of T. W. of K in the County of H. Esquire for the preferment and advancement of three of the daughters of the same T.W. If the said W.G. I.S. and T.S. their Heires Executors or Administrators do not onely well and truly recontent and repay or cause c. to the said Sir F. K and Sir W. M. their certain Attorney Executor or Administrator the said summe of three hundred seventy five pounds five shillings nine pence half penny farthing at the Counting-house commonly called the Tendring house scituate in the West side of the Royall Exchange in London on the last day of the expiration of twenty six weeks next ensuing from and after such time as the said Sir F. and Sir W. their Executors Administrators or Assignes or any of them shall require the repayment thereof of the said W.G. I.S. and T. S. or any of them or of the Heires Executors or Administrators of any of them between the houres of one and six of the Clock in the afternoon on the said last day of the expiration of the said twenty six weeks without any further delay But also do yearely contribute and pay to the said Sir F. K. and Sir W. M. their certain Attorney Executor or Administrator the summe of two and twenty pounds ten shillings of lawfull c. on the eight and twentieth day of September and four and twentieth day of March by equall portions at the Counting-house aforesaid between the houres of nine and eleven of the Clock in the severall forenoons of the said severall daies of September and March for and towards the charges of the education of the said daughters of the said T. W. from time to time so long as the said three hundred seventy five pounds five shillings nine pence half penny farthing shall remain in the hands of the said W.I. and T. their Executors or Administrators or in the hands of any of them not recontented and repaid according to the tenor of this present Condition And moreover if any of the said persons above bounden shall happen hereafter to decease or apparently to decay in his or their former substance before such time as the said three hundred seventy five pounds five shillings nine pence c. be repaid as aforesaid If then within one month next after reasonable requests in that behalf to be made to any other of the same persons living or to the Executors or Administrators of the Survivors of them they or any of them do procure so many other as sufficient and able persons as those above bound now are reputed to be for and in consideration of the cancelling and making void of this present Obligation to become bound a new to the said Sir W. and Sir F. or to the Survivor of them their Executors and Administrators by one other good and sufficient Obligation of like penalty and with like Condition as aforesaid and then to be sealed and lawfully and safely delivered to the said Sir F. or S. W. or to the Survivor of them his Executors or Administrators or to one of them without any manner of fraud or covin That then c. A Condition upon an Indenture of Partnership THe Condition c. That if the within bounden R. T. his c. do well and truly observe all the Covenants c. contained c.
in whose name a Purchase of Copyhold Land is taken in trust shall make surrender upon requests c. THe Condition c. That where the above bound I. C. by the purchase and at the costs and onely charges of the above named A. C. his Father according to the custome of the Mannor of B. in the Parish of I. in the County of M. now is and standeth seised of an estate of inheritance of and in one Messuage or Tenement with the appurtenances and one close of Meadow and Pasture called B. close and of c. containing c. And also according to the custome of the Mannor of C. in the said County of M. is and standeth seised as aforesaid of and in c. All which the said I. C. late had of the surrender of A. B. and C. D. If the said I. C. from time to time at all times hereafter do and shall make and execute to every person and persons and their Heires such Surrender and Surrenders Grants Conveyances and Assurances of all and singular the premisses or any part thereof in such time and in such manner and forme as the said A.C. either by word or writing of his hand at any time during his life or by his last Will or Testament shall in any wise command will or appoint the said I. C. to do And if also the premisses and every part thereof by the said I. C. in forme aforesaid to any person or persons to be surrendred granted conveyed or assured shall stand be and continue for ever to the same person and persons and their Heires and every of them cleer and free discharged and acquitted of and from all former Bargaines Grants Estates Leases Titles Charges Forfeitures and Incumbrances whatsoever had made procured or agreed unto or to be had made procured or agreed unto by the said J. C. That then c. An Obligation upon a Deed of Feoffment THe Condition c. That where the within bound W G by his Deed bearing date the day and yeare within said hath enfeoffed the within named N S of and in one Tenement with the appurtenances in H. Lane in the Parish of c. in London late in the Tenure c. and now in the Tenure c. as in the said Deed is recited If the said W.G. at the time of the making of the said Feoffment and execution of the limitation upon the same were the very true sole and lawfull Owner of the said Tenement with the appurtenances and thereof then stood lawfully and solely seised in his Demesne as of Fee simple to the onely use of himselfe and his Heires without any condition or limitation of use And if also the same Tenement with the appurtenances for ever hereafter do stand and continue to the said N. and his Heires cleer and free discharged and acquitted or otherwise at all times sufficiently saved harmlesse by the said W. his Heires and Executors of and from all and singular former Grants Bargaines Sales Leases Charges Estates and Incumbrances whatsoever had made done or granted by the said W.G. or by any other person or persons by or under the Estate of the said W.G. except one Lease made of the said Tenement with the appurtenances by the said c. unto one J. D. Clothworker by Indenture bearing date c. upon which Lease there is reserved five Marks yearely Rent which hereafter during the continuance of the said Lease shall be yearely due and payable to the said N. his Heires and assignes according to the tenor of the said Lease And if moreover the said W. and his Heires and every such other person and persons as have or shall claime to have any Estate or Interest of in or to the said Tenement with the appurtenances or any part thereof by or under the Estate of the said W.G. except such as shall claim by the Lease aforesaid at all times during two yeares next c. at the request and charges of the said N. and his Heires do and shall make knowledge do and suffer all and every such further conveyance and assurance of the said Tenement with the appurtenances to the said N. and his Heires with Warranty thereof onely against the said W. G. and his Heires as by the said N. his Heires or assignes or by his or their learned Councell shall be lawfully and reasonaby devised or advised That then c. A Condition to cause an Obligation wherein one standeth bound to be cancelled by a day or else to put in sureties to the Obligees liking to save him harmlesse THe Condition c. That where the above named I. R. together with the said T. P. and A. his wife and the said H. P. at the speciall desire of the same T. is and standeth bound to I. F. and H. R. of c. in the summe of one hundred pounds of c. for and concerning the payment of certaine severall summes of money to the children of the said A. and of R. R. her late husband according to the Testament of the same R. As by the said former Obligation bearing date the day and year abovesaid and Condition thereupon endorsed may appeare If the said T. P. his Executors or Administrators do within the space of two years next insuing the date abovesaid procure and cause the said former Obligation wherein the said I. R. standeth bound as aforesaid to be made void and cancelled or else within the said space doe put in such sureties as the said I. R. his Executors or Administrators shall like of and will agree to accept to be bound to the same I. R. his Executors and Administrators to save harmlesse them and every of them of and for the said former Obligation against all men for ever And in the meane and all times hereafter for ever doe sufficiently save and keep harmlesse the said I. R. his Heires Executors and Administrators aswell against the said I. and H. their Executors and Administrators as also all and every other person and persons of and from the said former Obligation and of and from all Actions Suits Judgements Costs Damages Executions and Molestations to grow or arise thereof at any time That then c. A Condition to answer a Fine back per Rat. if a Tenant will surrender his Lease before the end thereof THe Condition c. That where the within bound B. L. for a Fine of c. of lawfull c. hath demised and letten to farme to the within named W. N. for the terme of one and twenty years next ensuing from the Feast of Saint Michael a Tenemen called c. with all Lands c. thereunto belonging with other things As by a paire of Indentures thereupon made between the said B. on the one part and the said W. on the other part bearing date c. will appeare If at any time hereafter during the said terme it shall happen the said W. N. his Executors or Assignes to dis-like to hold and occupy the
Premisses any longer by the payment of the yearly rent reserved by the said Indentures And thereof shall give notice to the said B. his Heires or Assignes by the space of one whole yeare and above beforehand And then in the Feast of Saint Michael next to ensue from the first day of October next following the said notice so to be given shall and will surrender and yeild up to the said B. his Heires or Assignes at the Tenement aforesaid that part of the said Indenture sealed by the said B. and all the residue of the interest and terme of years by vertue thereof in the said Tenement and other the Premisses then to be to come without any fraud or covin If then the said B. his Heires or Assignes do in the Feast of Saint Michael at the said Tenement accept the said Surrender and doe also then and there well and truly re-pay or cause c. to the said W. N. his Executors or Assignes the residue of the said Fine of forty pounds first to be paid defalked and deducted from the same so much lawfull English money as shall amount to foure pounds a year for every years occupation that the said W. his Executors or Assignes shall before such Feast of Saint Michael aforesaid have holden or occupied the Premisses by vertue of the Indenture of Lease abovesaid That then c. A Condition to save harmlesse of a Recognizance entred into for childrens portions THe Condition c. That where the within named I. P. in his life time together with the within bounden W. H. and I. H. and one J. C. Fishmonger became bound joyntly and severally by one Recognizance Taken and knowledged in the inner Chamber of the Guild-hall of the City of L. before Sir A. B. Knight then Lord Mayor and the Aldermen of the same City the second day of October in the 〈◊〉 year c. to G. H. Chamberlaine of the City of L. in the summe of sixty pounds of lawfull c. with condition for the sure payment of forty eight pounds of like money to the use of A. B. and C. children and orphans of R. G. Grocer deceased and for performance of divers other clauses and articles mentioned and contained in the said Condition of the same Recognizance As by the same Recognizance and Condition thereof more plainly may appeare If the said I. and W. or either of them their or either of their Executors or Administrators or some one of them at all times hereafter and from time to time do discharge and acquit or otherwise sufficiently save and keep harmlesse the Heires Executors and Administrators of the said I. P. and every of their Goods Lands Tenements Hereditaments Possessions and things and every part and parcell thereof against the said G H. and his Successors Chamberlains of the same City and all and every other person and persons of and for the said Recognizance and every clause and article contained in the Condition of the same and of and from all Actions Suits Judgements Losses Extents and Executions touching or concerning the same other then onely such as the said H. P. his Executors or Administrators by their willfull meanes shall procure to be sued or brought against the same H. his Executors or Administrators That then c. A Condition to save Executors harmlesse of Legacies given to certain children by the Testator and which Legacies the Executors have delivered to the Obligors for the Childrens uses Also to re-pay the same Legacies or a rateable part thereof in case the Overplus of the Testators goods above his Legacies will not satisfie his debts THe Condition c. That whereas the within named W. K. and S. S. Executors of the last Will and Testament of Dame E. D. Widow deceased Have before the making of this present Obligation paid satisfied and delivered unto the within named T. C. for the use and behoof of E. C. R. C. and M. C. God-children of the said Lady D. and Children of the said T. C. and M. his wife the summe of ninty pounds which the said Lady D. in and by her last Will and Testament did give to the said E. C. R. C. and M. C. viz. to every of them thirty pounds a peece As by the said last Will and Testament of the said Lady D. bearing date c. remaining of Record in the prerogative Court of of Canterbury more plainly will appeare If the said T. C. and the within bound B. D. To pay the Legacies according to the Wil. their executors and administrators doe well and truly satisfie content and pay the said severall Legacies so as before given to the said E. R. and M. or to the Survivor of them and to every of them or to their Heirs or Assigns according to the true purport effect and meaning of the last Will and Testament of the said Lady D. before mentioned And also do at all times hereafter save and keep harmlesse the said W. and S. and either of them And save harmlesse the children and the Executors and Administrators of either of them against the said E. R. and M. children of the said T C. and M. his wife and against all other persons claiming c. of and for the said summe of ninety pounds and every part thereof claiming by the said E. R. and M. or any of them and of and from all Actions Suits Molestations Costs and Charges touching the same summe or any part thereof and further in case it doe fortune that any debts due by the said Lady D. or any other thing or things whatsoever wherewith the said Lady D. or her Executors or Assignes might or ought to be charged withall by Law shall be at any time hereafter lawfully demanded and recovered without any fraud or covin against the said Executors of the said Lady D. or either of them To re-pay a rateable part c. which debt or any other thing or things so recovered shall extend to a greater value or quantity then the overplus of the goods of the said Lady D. will extend to satisfie over and above the Legacies given in and by her said Testament and over and above such charges as the said Executors have been at laid out in and about the Funerals of the said Lady D and also over and above such costs and charges as the sayd Executors have sustained or shall hereafter sustaine in and about the probate of the Testament and last Will of the said Lady D If then the said T.C. and B.D. or either of them or the Heires Executors or Administrators of either of them within three monethes next after reasonable request to them or any of them to be made shall render repay and yeild back again to the sayd W R. or S S. or to the Survivor of them or to the Executors or Administrators of the same Survivor such a rateable part and portion of the said sum of ninety pounds as being equally rated to and with the other
without any manner of revocation or disannulling thereof either directly or indirectly as also at the request and charges in the Law of the said R. his executors and assignes maintaine and justifie with effect all and every such action and actions Suits Judgements and Executions as by the said R his Executors or Assignes shall be pursued or prosecuted in the name or names of the said U. his Executors and Administrators or any of them against the said I. and W. or either of them or either of their Heires Executors or Administrators or any of them upon or by meanes of the said Obligation for the recovering or obtaining of the said summes of money or either of them or any parcell of either of the same And if also the said R. his Executors Administrators and Assignes and every of them shall and may from time to time and at all times hereafter at his and their will liberty and pleasure aske levy sue for recover receive have retaine and enjoy the said summes of money and either of them and every parcell of either of the same to and for the onely use of the said R. his Executors Administrators and Assignes aswell without yeilding or making any account of or for the same or either of them or any part or parcell of either of the same As also without any ler bar stay impediment molestation disturbance hindrance or interruption that shall or may grow happen arise or be by reason occasion or meanes of any release discharge non-suit retraxit disavowry or other act or thing whatsoever made done caused or consented unto or any time hereafter to be made c. by the said U. his Executors or Administrators or any of them or any other person or persons by his or their meanes or procurement unlesse it shall be by and with the request and consent of the said R. his Executors or Assignes That then c. Another Condition upon a Letter of Attorney for recovering of divers debts THe Condition c. That whereas c. If the said T. S. his Executors or Administrators doe not at any time hereafter revoke countermand Not to revoke or repeale the said Letter of Attorney or the power and authority thereby given or granted And if also the said T. his Executors and Administrators and every of them at the reasonable request and costs and charges of the said W. B. To make further warrants of Attorney his Executors or Administrators doe and shall from time to time make and give to the said W. his Executors and Administrators such other and further irrevocable warrants of Attorney as shall be needfull in or about any Suit or Suits or Recovery of or for the Premisses or any part thereof And also if he the said T. S. heretofore hath not released That no release is made nor shall be made discharged or acquitted neither he his Executors or Administrators at any time hereafter do or shall release acquit or discharge the said Obligations and Stature-staple aforesaid or any of them or any summe or summes of money in them or any of them contained Neither do or shall discharge with-draw discontinue or cause to be non-suited any Action Suit Processe or Judgement which the said W. his Executors or Administrators shall hereafter commence and prosecute For not with-drawing Suits or cause to be commenced prosecuted or had in the name or names of the said T. S. his Executors or Administrators for or touching the Premisses or any part thereof against any of the said parties mentioned to be bound in the said Obligations and Statute or any of them without ehe speciall licence consent and agreement of the said W. his Executors or Administrators And further if the said T. his Executors and Administrators from time to time as request shall be to him or them reasonably made doe and shall avow To justifie Actions justifie and maintaine and suffer to be maintained in his or their name or names at the costs and charges of the said W. his Executors and assignes all and every such lawfull Actions Suits Pleas and Processes which the said W. his Executors or assignes shall commence or prosecute in the name or names of the said T. his executors or administrators for the recovering or obtaining of the said summes of money or any of them And further if the said W. his executors administrators and assignes shall and may to his and their own use without demand of any account or reckoning to be demanded or required or to be made or given to the said T. his executors That the Oblige● shall enjoy the sums of money and benefit of suits without account administrators or assigns have hold and enjoy all and every the said summes of money mentioned in the said Obligations and Stature from time to time as the same or any part thereof shall be recovered or obtained against any of the parties aforesaid their heirs executors or administrators or any of their Lands Tenements Goods or chattells together also with all the benefit profit advantage recovery and commodity to arise or grow of or by any Suit or Suits Judgement or Judgements to be had or given of for or concerning the Premisses or any part thereof That then c. A Condition to deliver Saffron THe Condition c. That if the within bounden R. M. his c. do at c. scituate c. frankly and freely deliver or cause c. to the within named A. B. his c. for the use of the same A. B. his c. at or before c. next c. twenty pounds weight of good new and Merchantable English Saffron of the growing Counties of Essex and Cambridge That then c. A Condition to deliver Corne. THe Condition c. That if the within bounden I M. his heirs executors or Administrators or any of them do and shall between the tenth day of Feb. next insuing the date within written and the twentieth day of March then next following frankly and freely deliver or cause c. to the Wardens and Comminalty of the art or mystery of Goldsmiths of the City of L. within named or to their certaine Attorney Successors or Assignes sixty quarters of good sweet clean dry and well dressed wheat of the best sort of the growing of the County of Cambridge safe on Land at the Bridge house staires of L. scituate in or near the Borough of S. in the County of S. That then c. A Condition to deliver Corne at sundry dayes THe Condition c. That if the within bound I. S. his Executors administrators or assignes doe frankly and freely from all charges and demands deliver or cause c. to the within named W. K. his Executors Administrators or Assignes to their owne use eight quarters and two bushells of good sweet dry full clean and merchantable Wheat at the water-mill called c. scituate c. in forme c. That is to say on Fryday which
shewing the natures kindes and effects of all manner of Assurances with directions to sue out all manner of Writs of Extent Elegit and Judiciall Writs upon Statutes Recognizances Judgements c. by John Herne of the Middle-Temple Gent. The Moderne Assurancer or the second part of the Practick part of the Law containing exact Forms and Draughts of all manner of Presidents now in use c. The Grounds and Maxims of the Law by Mich. Hawks Perkins in English Abridgement of Doctor and Student Cowels Interpreter in Fol. Sergeant Bridgmans Reports The Pleader containing the forms of all Declarations and Pleadings Issues Judgements and Proceedings in all kindes of Actions as they were taken and entred by the late Prothonotaries and published by John Herne Sir John Davis upon the Law of Impositions Tonage Poundage Prizage and Customes c. The Commentary on Originall Writs by William Hughes Esquire An Abridgement of the Common Law drawn out of the old and new Books of Law and reduced into Chapters Sections and Divisions by William Hughes Esquire An Abridgement of the Acts and Ordinances of Parliament from 1640. to 1656. by William Hughes Esquire Caesars Commentaries with Sir Clement Edmonds Observations in English Fol. The History of the Wars of Suethland and Poland by John Fowler Esquire in Fol. Sir John Finnets Observations touching the Reception and Precedence the Treatment and Audience the Puntillioes and Contests of Forrein Ambassodors Natura Exenterata Or Nanture unbowelled being choice secrets fitted for the cure of all sorts of infirmities collected by the Countesse of Arundell Anti-Socinianisme being a Confutation of the Socinian Heresies with a Description of their lives and deaths by N. Chewney M. A. The Life of the Apostle Saint Paul S. Bonaventures Meditations Soliloquies and Prayers Mr. Cragg against Mr. Tombes upon the Argument concerning Infants-Baptisme with Mr. Crags Reply to Mr. Tombes his Answer Stevensons Poems European Mercury describing the Highwaies and Stages through the most remarkable parts of Christendome An Exposition on the fourth Article of the Apostles Creed by John Crompe M. A. The humble Remonstrance of Sir John Stowell The Vindication of Sir John Stowell The discontented Colonel by Sir John Sucklin The Floting Island by William Strowd a Comedy Londinopolis or a Prospect of the famous Cities London and Westminster Eight Sermons of Mr. Craggs in 80. with a Discourse of Marriages Things New and Old or a Store-house of Similies c. by John Spencer a large Fol. Olaus Magnus his History of the Goths Sweads and Vandals The Minister of State Killing Murder and no Murder by Mich. Hawks Courteous Reader these Books following are Printed for Nath. Brook and are to be sold at his Shop at the Angel in Cornhill Excellemt Tracts in Divinity Controversies Sermons Devotions THe Catholique History collected and gathered out of Scripture Councels and ancient Fathers in answer to Dr. Vanes Lost Sheep returned home by Edw. Chesensale Esq Octavo Judgment set and Books opened Religion tryed whether it be of God or man in severall Sermons by J. Webster Quarto Israels Redemption or the Propheticall History of our Saviours Kingdome on Earth by K Matton The Cause and Cure of Ignorance Error and Prophanesse or a more hopefull way to Grace and Salvation by K Young Octavo The summ of Practicall Divinity or the Grounds of Religion in a Chatechisticall way by Mr. Christopher Love late Minister of the Gospel a usefull Peice Heaven and Earth shaken a Treatise shewing how Kings and Princes their Governments are turned and changed by J. Davis Minister in Dove● admirably usefull and seriously to be considered in these times The Holy Order or Fraternity of Mourners in Zion to which is added Songs in the night or cheerfulnesse under afflictions by J. Hall Bishop of Norwich Admirable and Learned Treatises of Occult Sciences in Philosopy Magick Astrology Geomancy Chymistry Physiognomy and Chiromancy Magick and Astrology vindicated by H. Warren Lux Veritatis Judiciall Astrology vindicated and Demonology confuted by W. Ramsey Gent. Co●nelius Agrippa his fourth Book of Occult Philosophy or Geomancy Magicall Elements of Peter de Abona the nature of Spirits made English by R. Turner Paracelsus Occult Philosophy of the Mysteries of Nature and his secret Alchimy An Astrologicall Discourse with Mathematicall Demonstrations proving the influence of the Planets and fixed Stars upon Elementary Bodies by Sir Chr. Heydon Knight Supernaturall Sights and Apparitions seen in London June 30 1644. by William Lilly as also all his Works in one Volume The admired Peice of Physiognomy and Chyromancy Metoposcopy the Simmetricall Proportions and Signall Moles of the Body the Interpretation of Dreames to which is added the Art of memory illustrated with figures by R Sanders in Folio The no less exquisite then admirable Work Theatrum Chemicum Britannicum containing severall Poeticall Peices of our famous English Philosophers who have written the Hermitique Mysteries in their own ancient Language faithfully collected into one Volume with Annotations thereon by the Indefatigable Industry of Elias Ashmole Esq illustrated with Figures Excellent Treatises in the Mathematicks Geometry of Arithmetick Surveying and other Arts or Mechanicks Tectonicon shewing the exact measuring of all manner of Land Squares Timber Stone Steeples Pillars Globes as also the making and use of the Carpenters Rule The unparalleld work for ease and expidition intituled The exact Surveyor or the whole Art of surveying of Land shewing how to plot all manner of Grounds whether small Inclosures Champain Plain Wood-lands or Mountains by the Plain Table as also how to find the Area or Content of any Land to Protect Reduce or Divide the same as also to take the Plot or Cart to make a Map of any Mannor whether according to Rathburne or any other Eminent Surveyors Method a Book excellently usefull for those that sell purchase or are otherwise employed about Building by I. Eyre The Golden Treatise of Arithmetick Naturall and Artificall or Decimalls the Theory and Practice united in a simpatheticall Proportion betwixt Lines and Numbers in their Quantities and Qualities as in respect of Form Figure Magnitude and Affection demonstrated by Geometry illustrated by Calculations and confirmed with variety of Examples in every Species made compendious and easie for Merchants Citizens Sea-men Accountants c. by Th. Wilsford Corrector of the last Edition of Record Semigraphy or the Art of Short-writing as it hath been proved by many hundreds in the City of London and other places by them practised and acknowledged to be the easiest exactest and swiftest method the meanest capacity by the help of this Book with a few houres practice may attaine to a perfection in this Art by Jer. Rich. Author and Teacher thereof dwelling in Swithens Lane in London Excellent and approved Treatises in Physick Chy●urgery and other more familiar Experiments in Cookery Preserving c. Culpepers Semiotica Uranica his Astrological judgment of diseases from the Decumbiture of the sick much enlarged the way and manner of finding out
c. A Condition where one is become surety and is to become surety for the Obligor and hath lent and is to lend to the Obligor divers summes of money all expressed and to be expressed in a Book indented the Obligor is bound to make payment thereof at the dayes in the said Book limited THe Condition c. That whereas the above named R. M at the request and for the proper debt of the above bound E.T. hath entred and hereafter may happen to enter into divers bonds unto divers persons for payment of divers sums of mony And also hath heretofore at and by like request laid out and paid and hereafter may lay out and pay divers sums of money for the debt in the behalfe of the said E. All which bonds and summes of money already made and paid are mentioned and expressed in one Book indented thereof made between the said E. and R. and begun the eleventh day of July in the year c. as by the said Book indented doth appeare And whereas also the said R. and E. have agreed that all other such bonds and summes of money as the said R. hereafter shall make or pay for the said E. shall be entred into the said book indented and from time to time shall therein be signed with the hand of the said E. T. or of L. Y. now servant of the said E. as hereafter from time to time shall happen to be messenger from the said E. to the said R. in that behalfe if therefore the said E. his c. from time to time do well and truly satisfie content and pay or cause c. to the said R. M. at c. scituate c. all and singular summe and summes of money as the same shall be severally due and payable by vertue of the said severall bonds which are expressed or shall be expressed in the said book indented in forme aforesaid And also all other summe and summes already mentioned and which hereafter shall be mentioned in the said book indented as the same severally be or shall be there written down and appointed to be paid without Fraud or Covin That then c. A Condition where one hath received divers Legacies to the use of Children he is bound to make payment thereof to them at the times limited in the Will THe Condition of this Recognizance is such That where R. C. of c. deceased by his last Will and Testament in writing by him made and ordained the eighteenth day of June in the year of our Lord God c. and in the 18. year of the King c. amongst other things did give and bequeath to the above named R. W. by the name of R V Son to B W deceased his late Daughter the sum of two hundred pounds of c. And by the same his last Will and Testament did will and bequeath to T W V W and I W Brothers to the said R W the summe of three hundred pounds of c. that is to say to every one of them the summe of a hundred pounds And by his said last Will and Testament did also give and bequeath to E W and A W Daughters of the said B the summe of 1000. marks of c. That is to say to either of them two daughters 500. marks And further willed that all the said Legacies so appointed to the said five Children to wit T W V W c. should be and remaine in the hands of the above bounden R W Uncle to the said five children last mentioned which T. W the said R ● hath appointed by his last Will to be his sole Executor And that the said R. should be bound in the sum of three thousand pounds of c. to the said R W to pay the said severall Legacies to the forenamed five children as they shall severally accomplish their severall ages of one and twenty years or at the dayes of their severall marriages whether shall first happen to come And hath willed moreover that if it do fortune any of the forenamed five children to decease before payment made unto them of their said severall Legacies That then the part or portion of him her or them so dying shall be equally divided amongst the forenamed five children then living And over this also hath wholly given and bequeathed the residue of all his goods and cattalls debts monies plate jewells and houshold-stuff His Legacies being paid his Funerall debts and expences being discharged to all the aforesaid children equally and indifferently to be divided amongst them as by the said last Will and Testament plainly and at large may and will appear And whereas the said R W now being above the age of one and twenty years hath already had and received such of the Legacies aforesaid as to him are presently belonging by vertue of the Will and Testament aforesaid as by one acquaintance which the said R. W hath thereof made to the said R W plainly may appear And that all other the said Legacies Gifts and Bequests made as abovesaid to his said brethren and sisters are now to their use in the hands and custody of the said R W as by the said last Will and Testament is appointed If the said R W his Heirs Executors or Administrators do at the usuall place of payments and Receits in the Royall Exchange within the City of L well and truly severally content and pay all and every the said Legacies severally made to the said T W V W J W E W and A W as it aforesaid as they shall grow severally due and payable and according to the true intent and meaning of rhe said last Will and Testament Or else if the said R.W. his c in the last day of six months next after lawfull requests thereof to be made at the now Mansion house of the said R W scituate in N. in the County of C. do at the said place in the Royall Exchange aforesaid severally content and pay all and every the said Legacies made to the said T W V W c. severally growing due as is aforesaid to such person and persons to whom the same shall appoint and as the same shall grow due and payable according to the true intent and meaning of the said last Will and Testament That then c. A Condition to leave a woman two hundred pounds in monie and Goods for her Thirds by the Custome of London and if her part come to more out of the Husbands Goods at his decease that then that over-plus be answered also THe Condition c. That if A. now Wife of the above bound E S. ond naturall Daughter of the above named T M do survive the said E If then the Exectors or Administrators of the said E within the space of c. next after the decease of the same E. upon the request of the said A. her Executors or Assignes do well and truly pay yeild and deliver or cause c. into the hands