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

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R. C. who being vouched shall appear gratis and vouch to warranty the Common Vouchee who shall appear gratis and enter into the warranty and afterwards make default to the end that a perfect Common Recovery shall and may be had of the said c. with the Appurtenances in all things according to the usual order and form of Common Recoveries for assurance of Lands Tenements and Hereditaments in such Cases used and accustomed A Covenant to suffer a Recovery with double Voucher by several Writs of Lands in several Counties THis Indenture made c. between R. C. of the first part C. R. of the second part and J. F. of the third part witnesseth That it is covenanted granted and concluded by and between the said parties to these Presents in manner and form following That is to say That the said C. R. shall before the end of the Term of St. Hillary next ensuing the date hereof suffer the said J. F. to persue three of the King's Majesty's Writs of Entry Tenant to the Praecipe is made before by Deed. Sur disseisin in le post against the said C. R. before the Justices of his Majesty's Court of Common-Pleas at Westminster By one of which said Writs of Entry the said J. F. shall demand against the said C. R. all that c. in the County of S. with the Appurtenances And by one other of the said Writs the said J. F. shall demand against the said C. R. one Messuage c. with the Appurtenances lying and being in A. in the County of S. And by the third Writ of Entry the said J. F. shall demand against the said C. R. all that c. situate lying and being in D. in the County of C. By which three several Writs the said c. with the Appurtenances in them respectively to be contained shall be demanded as aforesaid by such Name and Names Quantities Qualities and Numbers of Acres as by the said J. F. or his Council learned in the Law shall be thought fit unto which said several Writs the said C. R. shall appear gratis And after such appearance and defence by him made thereto shall vouch to warranty the said R. C. who shall likewise appear gratis and vouch over to waranty the Common Vouchee who shall likewise appear gratis and enter into the Warranty and after imparl and make default whereupon the said J. F. shall have Judgment to recover the said several c. before mentioned against the said C. R. And that the said C. R. shall recover over in value against the said R. C. And that the said R. C. shall have Judgment to recover over in value against the Common Vouchee And it is likewise concluded and fully agreed by and between the said parties to these Presents That the said C. R. shall likewise suffer the said J. F. to persue the King's Majesty's Writ of Right Patent against the said C. R. to be returnable and returned before the Mayor and Sheriffs of the City of London in the Court of the Hustings of the said City by which Writ of Right the said J. F. shall demand against the said C. R. all those c. within the said City And at the day of the Return of the said Writ the said C. R. shall appear thereunto and after defence made shall vouch to warranty the said R. C. who shall likewise appear and enter into the warranty and shall vouch to warranty the Common Vouchee who shall likewise appear imparle and make default and depart in contempt of the Court whereby the said J. F. shall have Judgment according to the Laws and Customs of the said City to recover the said c. against the said C. R. And for the said C. R. to recover in value against the said R. C. And for the said R. C. to recover in value against the Common Vouchee A Covenant to suffer a Recovery with single Voucher THis Indenture made c. Between R. C. of the one part and C. R. of the other part witnesseth That it is covenanted granted concluded and agreed by and between the said parties to these presents That the said C. R. shall before the end of next Hillary Term purchase and sue forth against him the said R. C. at the proper Costs and Charges of the said C. R. one original Writ of Entry Sur disseisin en le post returnable before the Justices of his Majesty's Court of Common-Pleas at Westminster And shall thereby demand against the said R. C. all c. by such Name or Names Quantities and Numbers of Acres as the said C. R. or his Counsel shall advise or require unto which said Writ to be purchased the said R. C. shall appear gratis and shall vouch to warranty the Common Vouchee who shall likewise appear gratis and enter into the warranty and imparle and make default that thereupon Judgment may be given that the said C. R. shall recover the said Messuage c. with the Appurtenances against the said R. C. and that the said R. C. shall recover in value against the Common Vouchee so that a perfect Recovery may be thereupon had And that the said parties to these presents and the said Common Vouchee shall at Costs and Charges in the Law of the said C. R. make do suffer and execute all and every matter and thing whatsoever meet necessary and convenient for the prosecution of the said Recovery according to the case of Common Recoveries with single Voucher c. Another more brief with single Voucher THis Indenture c. Between R. C. of the one part and C. R. of the other part witnesseth That it is covenanted concluded and agreed by and between the said parties to these presents for them and their Heirs that before the end of next Hillary Term there shall be at the only Costs and Charges of the said C. R. one Recovery with single Voucher in the nature of Common Recoveries for Lands Tenements and Hereditaments in such cases used and accustomed had and executed in his Majesty's Court of Common Pleas at Westminster of all that c. against the said R. C. Tenant of the said c. with the Appurtenances who therein shall vouch to warranty the Common Vouchee who thereupon shall appear gratis and enter into the warranty and afterwards make default to the end that one perfect Recovery of the said c. shall and may be had and prosecuted according to the usual order and form of Recoveries for assurance of Lands Tenements and Hereditaments in such cases used and accustomed c. A Covenant that Husband and Wife being Tenants for Life of the Wife and he in Reversion shall suffer a Recovery THis Indenture made c. Between R. C. and C. his Wife and C. R. of the one part and J. F. on the other part Whereas the said R. C. and C. his Wife in Right of the said C. do now hold and are lawfully intituled to hold and enjoy for and
during the natural Life of the said C. all that c. the Reversion whereof and of every part thereof from and after the decease of the said C. doth lawfully belong unto the said C. R. and the Heirs of his Body Now this Indenture witnesseth That it is covenanted granted concluded and agreed by and between the said parties for themselves and their Heirs That the said R. C. and C. his Wife and the said C. R. shall before the Feast of c. now next coming permit and suffer the said J. F. in and by a Writ of Right Patent according to the Custom of the City of London in due form of Law with single or double Voucher or Vouchers to recover against them the said R. C. and C. his Wife and the said C. R. the said c. with the Appurtenances in such manner and form as by the Counsel of the said J. F. learned in the Law shall be reasonably devised advised or required c. A Covenant to make a Tenant to the Praecipe and suffer a Recovery with double Voucher in London THis Indenture made c. Between R. C. of the first part and F. J. and A. B. of the second part and C. R. and J. F. of the third part witnesseth That it is covenanted granted concluded and agreed by and between all the said Parties to these Presents And the said R. C. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said F. J. and A. B. and either of them their and either of their Heirs Executors and Administrators by these Presents That he the said R. C. shall and will within one Month next ensuing the date of these Presents make and execute or cause to be made and executed unto the said F. J. and A. B. a good perfect and absolute Estate in the Law in Fee-simple of and in all c. lying and being in c. London And also of and in the Reversion and Reversions of all and singular the Premisses to the end intent and purposes that the said F. J. and A. B. and their Heirs may stand and be seised of the said Premisses and become perfect Tenants of the Freehold thereof so that within one Month next after executing and making of the said Estate to them the said J. F. and A. B. as aforesaid The said C. R. and J. F. or the Survivor of them shall and may bring and persue his Majesty's Writ of Right patent out of the High Court of Chancery against the said F. J. and A. B. or the Survivor of them to be directed to the Mayor and Sheriffs of the City of London By which Writ of Right Patent the said C. R. and J. F. or the Survivor of them in the Guild-Hall of the said City before the said Mayor and Sheriffs in the Court of Hustings according to the Custom of the said City shall demand against the said F. J. and A. B. or the Survivor of them the said c. and all and singular other the Premisses with the Appurtenances by such Names or Quantities as shall be reasonably devised or advised by the Counsel of the said C. R. and J. F. or the Survivor of them unto which said Writ the said F. J. and A. B. or the Survivor of them shall appear gratis and after Declaration and Defence made thereupon shall vouch to warranty the said R. C. who shall appear gratis and enter into the warranty and vouch over to warranty the Common Vouchee who shall appear gratis and imparle and after make default in contempt of the Court whereby Judgment shall be given in the said Writ for the said C. R. and J. F. the said F. J. and A. B. and for the said C. R. and J. F. to recover over in value against the said R. C. And for the said R. C. to recover over in value against the Common Vouchee And Execution thereof shall be had and sued in such sort that a perfect Recovery with double Vouchers shall be had and duly executed of all and singular the Premisses c. To suffer a Recovery in a Court Baron THIS Indenture made c. Between R. C. of the one part and C. R. of the other part witnesseth That it is covenanted granted concluded and agreed by and between the parties to these Presents That the said C. before the c. next ensuing the date hereof shall permit and suffer the said C. R. to affirm and persue against the said R. C. in the Court Baron of the Mannor of R. in the County of S. one Plaint in the nature of a Writ of Entry sur disseisin in le post of all and singular c. with the Appurtenances situate lying and being within the said Mannor of R. which said Messuage the said R. C. late had in Remainder of the Surrender of A. C. his Father by the Name of as in the Copy as by the Court Roll of the General Court of the said Mannor holden at A. on the 10th day c. last past before the date hereof amongst other things it doth more fully appear And that the said Plaint shall be affirmed entred and persued of all and every the Premisses with the Appurtenances in R. within the Jurisdiction of the Court of the said Mannor of A. To and upon which Plaint to be entred and affirmed as aforesaid he the said R. C. shall appear in his own proper person or by his Attorney lawfully authorized in that behalf and shall make his defence thereunto according to Law and vouch to warranty of and for the said Premises one B. A. who shall appear and enter into the warranty and after make default according to the manner and form of Common Recoveries or Writs of Entry sur disseisin en le post whereby the said C. R. shall have Judgment to recover the said Messuage c. against the said R. C. and the said R. C. to recover over in value against the said B. A. according to the manner and form of Common Recoveries for Lands and Tenements which said Recovery the said R. C. shall suffer to be executed by Precept or Warrant out of the said Court in the nature of a Writ of Habere Facias Seisinam according to the order and form of the Common Law And it is further covenanted granted concluded and agreed by and between the said Parties That the said Recovery and the Estate of the Premisses to be had obtained and recovered thereby or by reason thereof shall be to the use of the said C. R. his Heirs and Assigns for ever according to the Custom of the said Mannor and to no other use intent or purpose whatsoever In witness c. A Covenant to make Assurance of Lands THIS Indenture made c. Between R. C. of the one part and C. R. of the other part witnesseth That the said R. C. for and in consideration of the Sum of c. doth for himself his Heirs Executors and
in a Judgment BY these presents I J. D. of c. in the County of c. Yeoman do remise release and for ever quit-claim unto T. H. of D. in the said County of S. all and all manner of Errors Misprisions and Misentries whatsoever in one Judgment for 20 l. Debt and 30 s. Costs of Suit obtained by the said T. H. against me the said J. D. in the Court of Common-Pleas at Westminster in the Term of St. Hillary last past and also all Writ and Writs of Error and Errors whatsoever In witness c. A general Release of Errors BE it known c. That I R. C of c. for divers good Causes and Considerations me hereunto moving have remised released and quit claimed and by these presents for me my Heirs Executors and Administrators do remise release and for ever quit-claim unto J. F. his c. and every of them all and all manner of Error and Errors and the benefit and advantage thereof and all Misprisions of Error and Errors Defects and wrongful Pleadings and Proceedings whatsoever had made committed suffered omitted and done at any time before the date of these presents in any Action or Actions prosecuted or sued by the said J. F. against me the said R. C. in any Court of Record or otherwise and all Error or Errors in the Judgment or Judgments thereof so that I the said R. C. my c. shall be for ever hereafter debarred and excluded to sue forth any Writ or Writs of Error or Errors concerning the same In witness c. A Release of Title to Lands TO all c. Know ye That R. C. of c. for divers good Causes and Considerations him moving hath remised released and for ever quit-claimed and by these presents for himself and his Heirs doth fully clearly and absolutely remise release and for ever quit-claim unto J. F. of c. in his full and peaceable possession and Seisin and to his Heirs and Assigns for ever all such Right Estate Title Interest and Demand whatsoever as he the said R. C. had or ought to have of in or to all c. and c. by any ways or means whatsoever To have and to hold all the said c. unto the said J. F. his Heirs and Assigns to the only use and behoof of the said J. F. his Heirs and Assigns for ever so that neither he the said R. C. nor his Heirs nor any other person or persons for him or them or in his or their names or in the name right or stead of any of them shall or will by any way or means hereafter have claim challenge or demand any Estate Right Title or Interest of in or to the Premises or any part or parcel thereof But from all and every Action Right Estate Title Interest or Demand of in or to the premisses or any part thereof they and every of them shall be utterly excluded and barred for ever by these presents And also the said R. C. and his Heirs the said Mannor c. to the said J. F. his Heirs and Assigns to his and their own proper use and uses in manner and form aforesaid against their Heirs and Assigns and every of them shall and will warrant and for ever defend by these presents c. A Release of an Annuity TO all Christian People c. We R. C. and C. R. of c. send Greeting Whereas J. F. of c. by his Deed Indented bearing Date c. recite the Grant here for the Consideration therein mentioned did give and grant unto us the said R. C. and C. R. one Annuity or yearly Rent of c. to be issuing and going out of all and singular the Mannors Messuages Lands and Tenements called A and B. within the Parish of c. To have hold receive and enjoy all the said Annuity or yearly Rent of c. to us the said R. C. and C. R. our Executors or Assigns for and during the Natural life of the said J. F. to be payable and paid to us the said R. C. and C. R. our Executors or Assigns during the Life of the said J. F. at the Feast of c. and of st Michael the Archangel as by the said Deed it doth appear Now know ye That we the said R. C. and C. R. for and in Consideration of a certain Sum of lawful Mony of England to us in hand paid at and before the c. Have remised released and for ever quit-claimed and by these presents for us and either of us our and either of our Executors and Assigns do fully clearly and absolutely remise release and for ever quit-claim unto the said J. F. his Heirs and Assigns the said Annuity or yearly Rent of c. and every part and parcel thereof and all Rents arrearages of Rents Penalties Forfeitures and Distresses whatsoever at any time or times heretofore due or forfeited by reason of the Non-payment of the said Annuity or yearly Rent of c. or any part thereof To have and to hold the said Annuity or yearly Rent of c. and all the Estate Right Title Interest and demand whatsoever of us the said R. C. and C. R. our Executors or Assigns in or unto the said Annuity or yearly Rent of c. unto the said J. F. his Heirs and Assigns for ever so as neither we the said R. C. and C. R. or either of us nor our or either of our Executors or Assigns shall may or can at any time hereafter ask claim challenge or demand any Estate Right Title or Interest in or to the said Annuity or yearly Rent of c. or any part thereof But thereof and there-from shall be utterly secluded and barred by these presents In witness c. An Acquittance and Release of an Extent by an Administratrix REceived by me J. F. Widow Administratrix of the Goods and Chattles of R. F. Gent. deceased of and from R. C. the Sum of c. of lawful Mony of England being the Consideration Mony which the said R. C. payeth to me for the vacating and discharging of an Extent on a Statute-Staple heretofore acknowledged and entred into by the said R. C. unto the said R. F. and also for the buying in and compounding of the said Extent by virtue or colour of the said Statute and also for all my interest and demand in the same Statute and Extent of which said Sum of c. I do hereby acknowledge the Receipt and by these presents do for me my Executors and Administrators remise release and for ever quit-claim unto the said R. C. the said Statute and Extent and all manner of Process and Proceedings whatsoever occasioned by reason of the said Statute In witness c. A Release to a Sheriff for discharging a Rescue KNow all Men by these presents That I J. F. of c. have remised released and quit-claimed and by these presents do remise release and quit claim unto R. R. Esq
by my last Will and Testament in writing shall direct and appoint In witness whereof I have hereunto set my Hand and Seal the 19th day of February in the year of Our Lord 1699. A Letter of Attorney to enter on Land and to sue for the recovery thereof or compound BY these presents I E. C. c. do nominate constitute ordain and appoint C. A. of L. Gent. my true and lawful Attorny for me and in my name stead and Place to enter into and take possession of all that Messuage c. and also for me and in my name to sue forth and prosecute against any person or persons whatsoever any Writ or Writs Action or Actions as to him shall seem meet for the recovering or obtaining the possession or seisin of the Premisses or any part thereof And further to do and execute all and every such Act and thing tending to the recovery of my Estate and Right in the said Messuage and Lands or any part thereof And further I do hereby give and grant unto my said Attorney full and whole Power and Authority for me and in my name stead and place to make and conclude with any person or persons any agreement whatsoever touching the Premisses in as full and ample manner as I my self could do in my own person And I will ratifie and comfirm whatsoever my said Attorney shall lawfully do in pursuance of these presents In witness c. To N. C. W. P. and J. L. Gent. Attornies of his Majesty's Court of Common pleas at Westminster I T. S. send greeting THese are to will and authorize you or any one of you to appear for me the said T. S. the next Michaelmas Term in the Court aforesaid at the suit of J. V. and of the same Term to confess one Judgment for 40 l. debt besides costs of suit in any Action of Debt brought or to be brought by the said J. V. against me the said T.S. upon one Obligation bearing date the 10th day of March in the fourth year of the Reign of our Lord c. Whereby I the said T. S. did become bound unto the said J. V. in the penal sum of 80 l. with condition to be void upon payment of 40 l. at a day long since past and for so doing this shall be your and every of your sufficient Warrant Given under my Hand and Seal the 10th day of August in the sixth year of the Reign of our Sovereign Lord c. To N. C. W. P. and J. L. Gent. Attornies of their Majesties Court of Common Pleas at Westminster I D. S. send greeting THese are to will and authorize you or any of you to appear for me the said J. F. the next Michaelmas Term in the Court aforesaid at the suit of R. C. to confess one Judgment for 20 l. debt besides costs of Suit in any Action of Debt by him brought or to be brought against me the said J. F. and for so doing this shall be your Warrant Given under my Hand and Seal the 20th day of August in the Year of Our Lord 1699. A Letter of Attorney to appoint a Steward and Bailiff of a Mannor to keep Courts KNow all men by these presents That we R. C. and C. R. of c. do hereby authorize constitute and appoint A. B. of c. our lawful Deputy and Attorney for us and in our names to appoint a Steward and Bailiff of and for our Mannor of C. and by himself or his sufficient Deputy to and for our use to keep Courts within the said Mannor and to give admittance upon alienation or death and to take and receive Atturnments of all and every the Tenants thereof And to and for our use to assess Fines upon such admittances and for us and in our names and for our use to receive the said Fines And also all such Heriots as shall be due upon the death or alienation of any Tenant or Tenants And likewise to receive all Rents and Arrearages of Rent and also all Amercements Perquisites and Profits that shall arise and grow due to us for out of the said Court. And we do also hereby authorize the said A. B. to gather take up and seize to our use all Wayfs Strays Deodands Outlaws and Felons Goods which shall happen to arise be due or fall within the said Mannor In witness c. A Letter of Attorney to take possession of Land newly purchased KNow all men by these Presents That I R. C. of c. have made ordained constituted authorized and appointed and by these presents do make ordain constitute authorize appoint and in my stead and place put C. R. of c. my true sufficient and lawful Attorney for me and in my name and to my use to take and receive peaceable and quiet possession and seizin of and in all that Messuage or Tenement and all and singular the Lands c. with the appurtenances situate lying and being in c. lately bargained and sold by F. J. unto me the said R. C. And the same possession so had and taken to detain and keep to the only use and behoof of me the said R. C. my Heirs and Assigns according to the tenour and true meaning of the Indenture whereby the said Premisses are conveyed unto me Ratifying allowing and confirming all and whatsoever my said Attorney shall do or cause to be done in or about the Premisses by these Presents It witness c. A Letter of Attorney from two Executors of a Bond sued to a Judgment KNow all men by these Presents c. That we R. C. and C. R. Gent. Executors of the last Will and Testament of A. B. late of c. in the County of S. Esq deceased have made constituted ordained and in our places and steads have put and by these presents do make ordain and put in our places and steads our wellbeloved Friend J. F. of c. our true and lawful Attorney for us and in our names but to his own use and behoof to ask demand receive and take of F. J. of c. the sum of 15 l. of lawful Monies of England due and payable to the said A. B. in his life time by virtue of one Obligation bearing date c. wherein the said F. J. is and standeth bound to the said A. B. in the penal sum of One Hundred Pounds conditioned for the payment of the aforesaid Sum of fifty pounds as by the said Obligation and Condition doth more fully appear And whereas the said A. B. in his life time did obtain one Judgement upon the said Bond or Obligation for the said Sum of One Hundred Pounds besides costs of Suit Know ye further That we the said R. C. and C. R. have authorized and appointed and by these presents do authorize and appoint the said J. F. in our names but to his own use to sue and take out any Execution or Executions or other Process upon the said Judgment against the said
hath against the said T. P. or for or by reason of any Judgment or Statute which are or is at this present remaining upon Record in any Court of Record or elsewhere within the Kingdom of England against the said T. P. for any Sum or Sums of Mony due or pretended to be due to the said T. W. And also If the said T. W. his Executors or Administrators shall and do from time to time and at all times for ever hereafter save defend and keep harmless the said T. P. his Heirs Executors and Administrators and his and their Goods Chattels Lands Tenements and Hereditaments of and from all Statutes and Judgments and of and from all and all manner of Executions Extents Troubles Costs Charges and Damages whatsoever which shall or may happen to or against the said T. P. his Heirs Executors or Administrators or any of them for or by reason of any such Judgment or Statute without fraud or delay Then this Obligation to be void c. A Condition upon an Adventure of Bottom-ree THE Condition of this Obligation is such That if the above-bound C. M. and O. R. their Heirs Executors and Administrators or either of them do or shall cause to be paid unto the above-named R. P. or to his certain Attorney his Executors Administrators or Assigns the Sum of 65 l. and 13 s. of lawful Mony of England at or before the end of 20 days next after the first Return and safe Arrival of the Ship Mary of S. Burthen 140 Tuns or thereabouts Mr. A. P. Master for the time being for her present intended Voyage from S. aforesaid unto Virginia and from thence back again unto her Port of delivery in England But if the said Ship by Order or any contingency shall give over the said Voyage and not proceed thereon and that if then the said C. M. and O. R. or either of them their Executors or Administrators do and shall re-pay unto the said R. P. his Executors Administrators or Assigns the Sum of 50 l. and 10 s. Principal Adventure at or before the end of 10 days next after giving over the said Voyage as aforesaid Then c. A Bond with Condition to observe the Orders of an House of Chancery NOverint universi per p̄sentes nos N. C. de Hospicio Scī Clementis Dacorum in Com̄ Midd̔ Generosum I. G. de eodem Hospicio Generosum teneri firmiter obligari E. G. Generoso Principali Hospicii p̄dict̄ decem libris bone legalis Monete Anglie solvend̔ eidem E. aut suo certo Attornato Executoribus Administratoribus sive Assign̄ suis Ad quam quidem solutionem bene ac fideliter faciend̄ Obligamus nos utrumque nostrum ac Heredes Executores Administratores nostros utriusque nostri firter per p̄sentes sigillis nostris sigillat̄ Dat̄ vicesimo quinto die Novembris Anno Regni Dornini Caroli secundi Dei Gratia Anglie Scotie Francie Hibernie Regis Fidei Defensoris c. decimo quinto The Condition of this Obligation is such That if the above bounden N. C. shall from time to time satisfie and pay unto the Principal of St. Clements-Inn abovesaid for the time being all such Sum and Sums of Mony as shall be due for Pensions Commons Essoins Battles Castings into Commons Fines Amerciaments and all other Duties whatsoever conforming himself to the Orders now made or hereafter to be made by the Principal and Ancients of the same Society Then this Obligation to be void or else to stand and be in full force A Bond with Condition That the Author of a Book shall take of the Bookseller undertaking to print it a certain number at a price THE Condition of this Obligation is such That whereas the above-named R. C. at the request of the above-named J. A. hath undertaken to cause to be printed a certain Book now in Manuscripit Intituled c. and to deliver unto the said J.A. 400 of the same Books printed on or before the first day of November next nesuing at the Shop of the said R. C. in Fleet-street if therefore the said J. A. do or shall on or before the first day of February next following well and truly pay unto the sand R. C. 20 l. for the price of the said 400 Books printed so as the said R. C. be on the said first day of November at his Shop aforesaid ready to deliver to the aforesaid J. A. the same Books in sheets without fraud or delay Then this Obligation to be void or else to remain in full force and virtue A Bargain and Sale of a Term for years taken in Execution upon a Fieri facias THis Indenture made c. Between W. S. one of Bailiffs of J. G. Esq Sheriff of the County c. of the one part and D. C. c. of the other part Whereas W. P. c. at the time of making the Warrant herein after-mentioned was possessed for a Term of years yet to come of and in all that Close of Land c. And whereas N. C. in the Court of Common-Pleas at Westminster did recover against the said W. P. One Judgment for 40 l. Debt and 30 s. Costs of Suit Upon which said Judgment in the Term of St. Michael last past a Writ of Fieri facias Returnable in Octabis S. Hillarii issued out of the said Court and was directed and delivered unto the said Sheriff in form of Law to be executed Which said Sheriff on the second day of December last made his Warrant unto the said W. S. and others joyntly and severally for the Execution of the said Writ And the said W. S. by Virtue of the said Writ and the said Warrant to him made as aforesaid hath entred into and upon the said Close of Land and seised and taken the same together with the Estate Term and Interest of the said W. P. therein Now this Indenture Witnesseth That the said W. S. in pursuance of the said Writ and Warrant and for and in consideration of Five pounds to him by the said D. C. before the sealing and delivery hereof well and truly in hand paid Hath bargained and sold and by these presents doth fully clearly and absolutely bargain and sell unto the said D. C. all the said Close of Land and all the Estate Right Title and Interest of the said W. P. in his own right and in the Right of M. his Wife of and in the said Close of Land To have and to hold unto the said D. C. for and during all the remainder of such term and terms of years as the said W. P. in his own right or in the right of his Wife had in the said Close of Land in as large and ample manner as the said W. P. and M. his Wife or either of them their or either of their Executors Administrators or Assigns may might should or ought to have held or enjoyed the same In Witness c. A Bargain and Sale or Assignment
R. D. and his Successors for ever Provided always That if the said W. G. his Heirs or Assigns shall at any time be ejected out of the said several parcels of Land to him before herein mentioned to be granted Or if the said R. D. or his Successors shall a● any time enter into take claim or challenge the said several parcels of Land or any part thereof then it shall and may be good and lawful to and for the said W. G. his Heirs and Assigns into the said parcel of Land by the said W. G. before herein mentioned to be granted to reenter and the same to have again repossess and enjoy as in his and their former Estate any thing herein contained to the contrary notwithstanding In witness c. Note Although this Deed will not bind the Vicars Successors yet it makes a good Title against all others and it was not doubted but all Successors would agree to it because the Vicaridge Land is of much less value than the other A Defeazance of a Statute Staple THIS Indenture made c. Between J. F. of c. and R. C. of c. witnesseth That the said R. C. by a certain Recognizance of the nature of a Statute Staple made and provided for the recovery of Debts taken and sealed before Sir J. H. Knight Lord Chief Justice of England bearing date c. standeth and is bound unto the said J. F. in the sum of 300 l. of lawful Mony of England payable as by the said Recognizance more at large appeareth nevertheless the said J. F. is contented and agreed and doth covenant promise and grant for himself his Heirs Executors Administrators and Assigns to and with the said R. C. his Heirs Executors Administrators and Assigns and to and with every of them by these presents That if the said R. C. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid unto the said J. F. his Executors Administrators or Assigns or any of them the sum of 160 l. of lawful Mony of England on the 10th day of May next ensuing the date hereof without fraud That then the said Recognisance shall be utterly void and of none effect or else to remain in full force and virtue In witness c. A Defeazance on a Judgment THIS Indenture made c. Between J. F. and R. C. witnesseth That whereas the said R. C. by one Obligation bearing date c. became bound unto the said J. F. in the sum of c. with a Condition thereupon made for the payment of c. as by the said Obligation and Condition it doth more at large appear which said sum of c. or any part thereof or any thing in satisfaction of the same hath not been paid to the said J. F. in the said Obligation named By reason whereof the said Obligation became forfeited And whereas the said J. F. hath brought an Action of Debt in their Majesty's Court of Common Pleas at Westminster against the said R. C. upon the said Obligation in which Action a Judgment is obtained against the said R. C. Yet nevertheless the said J. F. is contented and doth covenant that neither he the said J. F. his Executors Administrators or Assigns nor any of them shall at any time before c. Take out any Execution or Executions on the said Judgment And further the said J. F. for himself his Executors Administrators and Assigns doth covenant and agree to and with the said R. C. his Executors Administrators and Assigns that if he the said R. C. do well and truly pay c. That then the said J. F. his Executors or Administrators upon request made and at the charges of the said R. C. shall acknowledge satisfaction on record of and for the said Judgment and shall also deliver unto him the said R. C. his c. the said Obligation to be cancelled and the said R. C. to be thereof and of and from the said Judgment fully discharged In witness c. A Defeazance on Lands forfeited THIS Indenture made c. between J. F. of the one part and R. C. of the other part witnesseth That whereas the said R. C. by his Indenture bearing date c. for the considerations therein mentioned did give grant bargain sell and confirm unto the said J. F. his Heirs and Assigns all these Lands c. with the appurtenances in the County of S. in which said Indenture there is a Condition or Proviso to this Effect That if the said R. C. his Heirs Executors or Assigns or any of them do truly pay or cause to be paid unto the said J. F. his Executors Administrators or Assigns the full sum of c. that then said from thenceforth the said recited Indenture and every Covenant c. therein contained shall be utterly void and of none effect as by the said Indenture it doth more at large appear Which said sum of c. was not paid at the day and time above limited for the payment thereof according to the effect of the said Proviso By reason whereof the said Lands c. in the said Indenture mentioned are absolutely vested and setled in the said J. F. yet nevertheless the said J. F. is contented and pleased and doth covenant and grant to and with the said R. C. his Executors Administrators and Assigns That if he the said R. C. his Executors Administrators and Assigns or any of them do well and truly pay or cause to be paid unto the said J. F. Executors Administrators or Assigns the full sum of c. That then and from thenceforth the said recited Indenture shall be utterly void and of none effect the breach made by nonpayment of the said sum of c. in the afore-mentioned Proviso contained or any other thing therein to the contrary notwithstanding And also on full payment of the said sum of c. at any time within five years next following he the said J. F. his Heirs and Assigns shall and will at the reasonable request cost and charges in the Law of the said J. C. his Heirs and Assigns convey and assure unto the said R. C. for ever the said Lands c. with the appurtenances in the said recited Indendure mentioned in such manner and form as shall by the said R. C. his Heirs or Assigns or his or their Counsel learned in the Law be reasonably devised advised or required And also that he the said J. F. his Heirs or Assigns shall deliver or cause to be delivered unto the said R. C. his Heirs or Assigns within two Months next after payment made all Deeds Evidences and Writings which the said J. F. hath touching or concerning the Premisses safe whole uncancelled and undefaced In witness c. An Indenture of Partition of Lands between Tenants in Common who have several Interests in divers respects THIS Indenture made c. Between J. B. sen of c. in the County of S. Gent. J. B. jun.
their Heirs according to the true intent and meaning of these presents and the parties thereunto And it is further covenanted concluded and agreed by and between all the said parties to these presents and every of them for themselves and their and every of their Heirs Executors and Assigns That they the said J. F. and F. J. shall and will permit and suffer the said C. B. before the c. next ensuing the date hereof by Writ or Writs of Entry sur disseizin in le post to be sued forth and obtained out of his Majesty's High Court of Chancery and returnable before his Majesty's Justices of the Court of Common Pleas in the name of the said C. R. Demandant against the said J.F. and F. J. being Tenants to recover to him and his Heirs in due form of Law according to the course of Common Recoveries for assuring of Lands Tenements and Hereditaments against the said J. F. and F. J. and the Survivor of them then Tenant or Tenants of the Premisses all and every the said c. with the Appurtenances by some name or names in the said Writ and Recovery to be mentioned Or thus by such name or names and under such number and contents of Acres and in such manner and form as shall be be advised by the Counsel of the said C. R. unto which said Writ of Entry so to be brought as aforesaid the said J. F. and F. J. shall appear gratis And then and there immediately after appearance and defence made shall and will in the said Action Vouch to Warranty the said R. C. and C. his Wife who shall likewise appear gratis and vouch to warranty the Common Vouchee who shall also appear imparle and make defalu● whereby a perfect Judgment may be had and given against the said J. F. and F. J. and for the said J. F. and F. J. to recover against the said R. C. and C. his Wife And for the said R. C. and C. his Wife to recover in value against the Common Vouchee so that a good and perfect Recovery with double Voucher may be had and Execution be had and made thereof c. A Covenant to suffer a Recovery with double Voucher the Tenant to the Precipe being already made by Deed. THis Indenture made c. Between R. C. of the first part C. R. of the second part and J. F. of the third Part witnesseth That for divers good causes and considerations it is covenanted granted concluded and agreed by and between all the said parties to these presents in manner and form following That the said J. F. shall before the end of next Hillary Term purchase and sue forth out of the High Court of Chancery one original Writ of Entry sur disseizin in le post against the said C. R. returnable before the Justices of his Majesty's Court of Common Pleas at Westminster at a day certain in the said Writ to be mentioned And by the said Writ shall demand against the said C. R. all that c. setting forth the particulars and where situate By such names qualities and numbers of Acres as by the said J. F. and his Counsel learned in the Law shall be devised advised or required unto which said Writ the said C. R. shall appear gratis and take upon him the tenancy of all and every the said c. and other the Premisses with the Appurtenances And shall vouch to warranty the said R. C. who shall appear gratis and vouch to warranty the Common Vouchee who shall likewise appear gratis and enter into the warranty and after imparlance make default in contempt of the Court so that Judgment shall be given that the said J.F. shall recover the said c. in the said Writ to be contained against the said C. R. And that the said C. R. shall recover over in value against the common Vouchee And that Execution of the said Recovery so to be had shall be made according to the form of Common Recoveries in such cases used and accustomed And that the said J. F. C. R. and R. C. and every of them shall and will do execute perform and suffer all and every such Act and Acts thing and things whatsoever as shall be necessary and expedient for the prosecution of the said Recovery and the Execution thereof according to the form and order of Common Recoveries with double Voucher in such cases used A Bargain a Sale to make a Tenant to the Praecipe THis Indenture made the c. Between R. C. of the one part and C. R. of the other part witnesseth that the said R. C. for and in consideration of five shillings of lawful Mony of England to him in hand paid before the sealing and delivery hereof by the said C. R. the receipt whereof the said R. C. doth acknowledge And to the end and purpose that the said C. R. may become and be made a perfect Tenant to a Praecipe against whom a Common Recovery may be had of the Mannor and Lands hereafter mentioned Hath granted bargained and sold And by these Presents doth for him and his Heirs grant bargain and sell unto the said C. R. and his Heirs all c. To have and to hold the said c. and every part and parcel thereof unto him the said C. R. and his Heirs for ever to the only use and behoof of the said C. R. his Heirs and Assigns for ever A Covenant to suffer a Recovery with a Recital of the Bargain and Sale whereby a Tenant to the Praecipe was made THis Indenture made c. Between R. C. of the first part C. R. of the second part and J. F. of the third part witnesseth Whereas the said R. C. hath by his Indenture of Bargain and Sale bearing date the c. last past before the date hereof for the consideration therein mentioned granted bargained and sold unto the said C. R. and his Heirs All that c. recite to the end of the Habend Which said Bargain and Sale was made to him the said C. R. and his Heirs to and for the only use intent and purpose that the said C. R. should be sole Tenant of the Premisses to a Praecipe against whom the Recovery hereafter mentioned might be had in manner and form following Now this Indenture further witnesseth And it is covenanted concluded and agreed by and between all the said parties to these Presents for themselves respectively and their Heirs that before the end of Hillary Term next ensuing the date of these Presents there shall be at the Costs and Charges of the said J. F. one Recovery in the nature of a Common Recovery for Lands Tenements and Hereditaments in such Cases used and accustomed had and executed of the said c. in his Majesty's Court of Common-Pleas at Westminster by and in the name of the said J. F. Demandant against the said C. R. Tenant of the said c. with the Appurtenances who shall vouch to warranty the said
commenced against the said R. C. his Heirs Executors Administrators or Assigns upon the said Obligation In witness c. A discharge to an Apprentice TO all c. I. R. C. of c. send Greeting Whereas C. R. by his Indenture bearing date c. did put himself Apprentice to me for the Term of 7 years commencing c. As by the said Indenture it doth appear Now know ye that I the said R. C. for divers good Causes and Considerations me hereunto moving do by these Presents clearly and absolutely discharge and set free the said C. R. of and from my Service so as neither I nor any for me shall or may at any time hereafter ask claim or demand any Service of the said C. R. by virtue of the said Indenture And also I do hereby Remise and Release unto the said C. R. all Actions and all Causes of Action Service and Demands whatsoever which I now have against him by reason of any Act whatsoever from the beginning of the Wold until the day of the date hereof In witness c. A Warrant to acknowledge Satisfaction on a Judgment To A. B. C. D. and E. F. Attornies of his Majesty's Court of Common-Pleas at Westminster or to any of them or to any other Attorney of the said Court WHereas I F. J. of c. in Trinity Term last did obtain a Judgment in the said Court of Common Pleas at Westminster against R. C. for 50 l. debt and 40 s. costs as by the Record thereof Remaining in the said Court it doth at large appear of and for which said Judgment I the said F. J. do hereby acknowledge my self to be fully satisfied and paid These are therefore to authorise you or any you to acknowledge satisfaction of the said debt and costs on the Record of the said Judgment in the said Court aforesaid and for so doing this shall be your sufficient Warrant In Witness c. An greement of Creditors to take their Debts at four payments abating Interest WE A. B. C. D. and E. F. Creditors of R. C. of c. do by these Presents consent and agree for our selves and for every of us severally to take and accept of such Debts as are owing and due to us by and from the said R. C. by four payments to be made on the days here mentioned for the payment thereof by even and equal portions That is to say one fourth part of our said several Debts on or before the 10th day of March next ensuing the date hereof one other fourth part c. and upon the said R. C. his making the first payment and giving security for the other three we and every one of us shall and will deliver up the old Security and discharge him thereof And we and every one of us do hereby consent and agree to forgive and abate to the said R. C. all and all manner of interest due to us or any of us for the forbearance of our said several Debts In witness c. A Mortgage of Lands for years partly for Mony lent and partly for security of the Mortgagees being Sureties for other Debts of Mortgagor THIS Indenture Tripartite made c. Between R. C. of the first part and C. R. of the second part and J. F. of the third part witnesseth that the said R. C. for and to the intent that the said C. R. and J. F. and either of them and the Heirs Executors and Administrators or either of them shall and may be well and truly satisfied recompenced contented paid and saved harmless of and for all and singular such Sums and Sums of Mony as they the said C. R. and J. F. or either of them have heretofore lent or delivered to the said R. C. of to any other Person or Persons to or for his use by his consent request or agreement or which they the said C. R. and J. F. shall at any time hereafter lend or deliver to and for the use of the said R. C. by or at his request consent or agreement And also of and for and all singular such Bills Obligations and Debts which they the said C. R. and J. F. or either of them heretofore have made or hereafter shall make Jointly with the said R. C. for his Debt or at his request Hath demised granted and to farm letten And by these Presents doth demise grant and to farm lett to them the said C. R. and J. F. all that c. with the appurtenances To have and to hold the said c. to the said R. C. and J. F. their Executors Administrators and Assigns from the Feast c. for and during and until the full end and Term of 99 years from thence next ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said Term unto the said R. C. his Heirs and Assigns the Sum of 10 l. of lawful Mony of England at the Feast of St. Michael the Archangel and of the Annunciation of the Blessed Virgin by ever and equal Portions Provided always That if he the said R. C. his Executors Administrators or Assigns or any of any of them do and shall well and truly pay or cause to be paid to them the said C. R. and J. F. their Executors Administrators or Assigns or to any of them all and singular such Sum and Sums of Mony as they the said C. R. and J. F. or either of them heretofore have lent or delivered to the said R. C. or to any other person or persons to or for his use by his consent and agreement or at any time hereafter shall lend or deliver to or for the use of the said R. C. at his request or by his consent or agreement And also all and singular such Sum and Sums of Mony as be or shall be mentioned in any Bill Bond or Obligation or any other Wirting whatsoever which they the said C. R. and J. F. or either of them heretofore have made or hereafter shall make Jointly with the said R. C. for his Debt or at his request Together with all such costs charges losses and damages whatsoever which they the said C. R. and J. F. or either of them their or either of their Executors or Administrators shall bear or sustain for or by reason of any Sum or Sums of Mony Bills Bonds or Obligations aforesaid or any of them Provided also that if they the said C. R. and J. F. their Executors Administrators and Assigns shall be fully satisfied contented and paid all Sum and Sums of Mony to them owing by and from the said R. C. either with the Rents Issues and Profits of the Premisses hereby demised or by him the said R. C. his Executors Administrators or Assigns or any of them or any other way howsoever That then and from thenceforth this present Lease Grant and Demise and every Matter Clause and Covenant herein contained shall cease determin and be utterly void and of no effect
Licensed Jan. 16. 1694 5. The Scrivener's Guide BEING Choice and Approved Forms OF PRESIDENTS OF All Sorts of Business now in use and practice in a much better Method than any yet Printed being useful for all Gentlemen but chiefly for those who practise the Law viz. Assignments Articles of Agreement Acquittances Bargains and Sale Bills Conditions Copartnerships Covenants Deeds Defeazances Grants Joyntures Indentures Letters of Attorny Licenses Obligations Provisoes Presidents for Parish Business Releases Revocations Wills Warrants of Attorny c. By Nicholas Covert one of the Attornies of the Court of Common-Pleas The Second Edition corrected by the Author with many Additions made by him LONDON Printed by the Assigns of Richard and Edward Atkins Esquires for Charles Harper at the Flower de Luce over against St. Dunstans-Church in Fleetstreet 1700. TO THE READER THAT a New Book of this kind should come forth after so many already extant some may wonder who do not consider that Presidents grow Obsolete and New ones are made according to new Laws or as the Notions of Men become more refined Of the First Sort is a Bargain and Sale of Goods distrained for Rent pag. 329. which with the Notes thereupon are a good direction how to proceed upon the late Act impowring Land-Lords to sell Distresses for Rent c. Of the Second Sort are many never before Extant and whereof every one is manifold more worth than the Price of the whole Book These Presidents being collected only for private Vse without any design of being made publick have most of them been lately executed and undergone the Inspection and Perusal of Counsel learned in the Law They are not all placed in Alphabetical Order there being no need of such placing of them because there is put before them an exact Table of what is contained in the Book The first Impression hereof having met with so kind a Reception and been so well approved of by the Ingenious that it was sold in a short time hath encouraged the Author for the publick Good to make an Addition of several very useful Presidents of both sorts to this second Edition never before Published whereby the said Book is rendred much more useful and beneficial to the Candid and Ingenious Reader which is the sole end and design of the Author N. C. THE TABLE Agreements Articles and Indentures of Covenants ARticles upon Purchase of Lands in Fee-simple Page 1 Covenants to make Assurance of Lands 240 The like with Covenants to pay the Charges which the Bargainee shall be at in ejecting the Tenant in possession 30 Covenants between a Mortgagee and a Purchaser of the Redemption That the Mortgagee shall assign upon payment of the Mortgage Mony 26 Covenants to convey Land in Consideration of Five shillings in hand and residue to be paid at a day to come without obliging the Buyer to pay So that if he fails in payment he may not pretend to have any Equity afterwards 431 Indenture of Covenants upon Contract for purchase of a Copyhold where part of the Purchase Mony is paid and the Purchaser is to be at liberty to proceed in the Purchase or not 34 Covenants upon purchasing the Equity of Redemption of Copyhold-Lands mortgaged 36 A Declaration of Trust upon admitting two Lives into a Copyhold with necessary Covenants 28 Articles for securing 1000 l. and paying Interest to two persons until Lands can be purchased to the same uses 19 Articles of Agreement on a Marriage concerning Settlement of Lands 16 Articles for dividing the Rent and avoiding Survivorship between Jointenants of Lease Land 3 Articles between a Country Trader and a London Factor 10 Articles of Agreement between Creditors and the Widow of a Debtor concerning Administration and paying Debts 12 Articles for dividing some Corn between two Partners in Husbandry 39 Articles between Jointenants concerning cutting Corn and dividing it in the Field 41 For Building a new House and taking down an old one there 6 Covenants for Repairing the Steeple of a Church 44 Articles between a Merchant and his Apprentice's Father c. 7 Agreement of Tenants of a Mannor about ploughing a Common Field 32 Covenants for saving harmless a Bishop in refusing to admit an unfit person to a Vicarage 37 Covenants for delivery of Wheat sold by two Bushels weekly 43 Such necessary Articles of Agreement between four Joint-Executors as ought to be made between them for the better execution of the Testator's Will 23 An Agreement of Copartnership between two Sales-men with necessary Covenants 46 Covenants about assigning a Stock in the East-India Company 22 An Agreement of Composition for Debts 24 An Agreement of Creditors to accept their Debts at Four payments abating Interest 364 For Covenants to levy Fines and suffer Recoveries See Fines and Recoveries An Indenture of Copartnership between Four for Affairs domestick and foreign with necessary Covenants 293 An Indenture on Separation of Copartners 313 An Indenture where two Apprentices having taken their Master's Shop Covenant with his Executors to gather in his Debts 317 See Bonds with Conditions which may easily be turned into Covenants Acquittances and Releases of Personal things and to barr and extinguish Rights in Lands A General Release of all Demands 62 Mutual General Releases by Indenture 68 A Release of Errors in a Judgment 63 A General Release of Errors 63 A Release of an Annuity 65 A Release of Title to Lands 64 An Acquittance and Release of an Extent by an Administratrix 66 A Release to a Sheriff for discharging a Prisoner 67 The like in a better Form 67 A short Release of the Equity of Redemption in a Term for years mortgaged 68 An Acquittance in part of Purchase Mony 168 A Release of Dower with Covenants not to sue for Dower 245 A Release from the Overseers of the Poor to one who paid 20 l. to be freed from the keeping a Bastard Child 286 Apprentiship Writings relating thereunto Articles between a Merchant and his Apprentice's Father 7 An Indenture where two Apprentices having taken their Master's Shop Covenant with his Executors to gather in his Debts 317 Assigment of an Apprentice 160 Indenture of an Apprentice put out by the Parish 287 A Discharge of an Apprentice with a General Release to him 362 Annuities granted and assigned with Grants of a next Avoidance of a Parsonage c. A short Assignment of an Annuity 162 A Grant of an Annuity or Rent for years 383 A Grant of the Moiety of an Annuity during Life 145 A Grant of a next Avoidance of a Rectory 149 The like of a Vicarage with necessary Covenants 150 Assignments of Leases or Terms for years An Assignment of several Leases to two Assignees made Tenants in Common and not Joint-tenants 414 An Assignment of a Mortgagee by a Term for years 157 An Assignment of a Lease for years 161 A Covenant to produce Writings for defence of the Title 242 Assignment of uncertain Terms as Lands extended upon Iudgments Recognizances c. An
Assignment or Bargain and Sale of Lands extended upon a Recognizance 135 An Assignment or Bargain and Sale of a Term for years taken in Execution by a Sheriffs Bailiff upon a Fieri facias 133 Assignments of Debts on Iudgments Statutes Bonds c. An Assignment of a Judgment 153 A Letter of Attorny to receive Mony due from several persons 156 A short Assignment of a Bond 159 An Assignment of an Annuity 162 An Assignment of certain Debts by an Administratrix to Creditors 163 An Assignment of a Statute by an Administrator to two Creditors 165 An Assignment of several Bonds to a Trustee for a Widow with consent of her intended Husband that the Mony may be at her dispose after Marriage 141 An Assignment made by a Vicar of all Mony owing to him for Tythes 151 Assignment of Dower 140 Letters of Attorny A Letter of Attorny or Proxy appointing a Proctor in an Ecclesiastical Court to procure a Guardian to be appointed for an Infant to sue an Administrator there for a Dividend 69 A Letter of Attorny to surrender Copyhold Land to the use of a Will 70 A Letter of Attorney to enter upon Land and to Sue for the Recovery thereof or compound 71 Letter of Attorney to appoint a Steward and Bailiff of a Mannor and to keep Courts 73 A Letter of Attorney to take Possession of Land newly purchased 73 A Letter of Attorney from two Executors of a Bond Sued to a Judgment 74 A Letter of Attorney or Assignment of a Mans whole Estate in consideration of several Debts and Ingagements 75 A Letter of Attorney to receive Mony which is not yet become due upon a Bond 76 A General Letter of Attorney 77 A Letter of Attorney to Enter on Land and deliver a Lease 78 A Letter of Attorney to take Possession of a Messuage extended by the Sheriff upon a Statute 80 A Letter of Attorney to receive Debts 81 A Revocation of a Letter of Attorney 82 A Letter of Attorney of several sums of Mony due from one person 82 A Letter of Attorney to Sue an Action of Covenant 83 A Letter of Attorney to demand Rent and in default of payment to Re-enter according to a Proviso for such Re-entry contained in the Lease 84 The like Letter of Attorney from a Corporation 86 The like Letter of Attorney where two several Rents are reserved on the Lease 87 A fit Endorsement to be made on such Letter of Attorney for a Memorial of the Execution thereof with Notes how such Letter of Attorney is to be executed 88 Letter of Attorney to take admittance to Copy-hold Lands and after admittance to surrender 88 Letter of Attorney to appear at the Assizes and Traverse an Indictment and enter into Recognizance to prosecute with Covenants for saving harmless 91 Letter of Attorney to submit to an Indictment 92 A Revocation of a Suit and all Letters of Attorney to Sue 362 A Letter or Warrant of Attorney to acknowledge satisfaction of a Judgment 363 A Letter or Warrant of Attorney to confess a Judgment in Debt 72 A Letter of Attorney to confess Judgment upon a Bond 72 Attornment of Tenants Attornment of the Tenant in Possession Indorsed on a Bargain and Sale 411 Another Form 412 The like 412 A Covenant for the Attornment of Tenants 242 Attornment by a Collateral Deed 412 Attornment and Livery together 413 A Grant of the next Avoidance of a Rectory 149 The like of a Vicarage with necessary Covenants 150 An Award for payment of Mony and giving mutual Releases 170 Bargain and Sale BArgain and Sale to make a Tenant to the Precipe in order to suffer a Common Recovery 232 In a Bargain and Sale a Covenant for Attornment of Tenants 242 Bargain and Sale of uncertain Terms Lands Extended and Lands taken in Execution on Iudgment Recognizances c. A Bargain and Sale of Lands extended on a Recognizance 135 A Bargain and Sale by a Sheriffs Bailiff of a Term for years taken in Execution upon a Fieri facias 133 Bargain and Sale of Goods A Bargain and Sale of Household stuff 175 Bargain and Sale of all Goods and Chattles real and personal to save harmless a Surety 171 Bargain and Sale of Goods distrained for Rent with necessary Notes 329 Bargain and Sale of Woods and Trees A short Bargain and Sale of Coppice-wood where the price is partly paid and agreed to be 319 Bargain and Sale of Trees and Coppise-woods with Covenants to be saved harmless from Tithes and other special Covenants 321 A Lease for Years of Tithes 326 Bargain and Sale of Under-woods 180 A Bill of Credit 160 Bills and Bonds with Conditions A Single Bill for payment of Mony 184 A Penal Bill for payment of Mony 167 A Bond from one to one for payment of Mony 92 A Bond from two to one for payment of Mony on Demand 93 A Bond from one to two with Condition for payment of Mony at two several days 94 A Condition to save harmless from a Bond for payment of Mony 95 Condition to perform Covenants ibid. Condition of a Bail Bond to the Sheriff upon Capias out of the Common Pleas 96 Conditions to perform the Award of Arbitrators ibid. Condition to one to Dyet by the year 97 Condition to save harmless for paying Rent where the Title is in question ibid. Condition to save harmless the Bail in an inferior Court 98 A better form 116 Condition to leave a Wife worth 100 l. 98 Condition to pay Mony at day of Marriage or Death 99 Condition to deliver Hay and Oats ibid. Condition to justifie all Actions commenced by virtue of a Letter of Attorney 100 Condition for a hired Servants truth ibid. Condition to pay Rent 101 Condition to re-deliver a Bond or pay the Mony thereon due 102 Condition to gather Rent and give account thereof 103 Condition for a Wife to make a Will ibid. Condition to save harmless in being bound for appearance against the Obligor in the Common-Pleas 104 A Condition to save harmless for being bound in a Sheriffs Bond 105 Another Condition to save harmless for being bound in a Sheriffs Bond 106 Condition not to become Surety without License ibid. Condition not to sell his Interest in a Shop before J. F. have refused to buy it 107 Condition to leath two parts in three of Land and Goods to his Wife ibid. Condition where two Executors be that each shall bear a part of what shall be recovered for any Act done by the Testator ibid. Condition that the Husband shall not sell a House and Goods whereof the Wife was seized before Marriage during the Coverture and to leave the same discharged of Incumbrances if the Wife survive 108 Condition to make one free 109 Condition to become bound with another to the Obligee who hath passed his word for the Debt of the Obligor ibid. Condition that a Father having received a Legacy given to his Child shall save the Executor harmless 110 Condition
Administrators without fraud or delay Then c. A Condition to pay a further sum for a Fine upon renewing a Lease for Lives in case one of the Lives in the former Lease be not now living as is affirmed THE Condition of this Obligation is such That whereas the above-bound C. F. lately held of the above-named Dean and Chapter certain Lands and Tenements in the Parish B. in the County of S. for the life of one J. A. now or sometime the Wife of W. L. of A. in the County of N. Clerk And whereas the said Dean and Chapter at the request of the said C. F. and upon his affirmation that the said J. A. is now living have accepted a Surrender of the Estate of the said C. F. in the Premisses And by their Indenture of Lease under their Common and Chapter Seal bearing date with these presents have demised and granted the same premisses unto the said C. F. to hold during the natural lives of the said J. A. and the said C. F. and one J. F. Son of J. F. deceased and during the natural life of the longest liver of them If therefore the said J. A. on the day of the date hereof is dead then if the said C. F. do and shall on the second day of February next coming well and truly pay or cause to be paid unto the said Dean and Chapter or their Successors the full sum of threescore and ten pounds of lawful Mony of England being the sum agreed upon between them the said C. F. and the said Dean and Chapter in such case to be paid Then this Obligation c. A Condition to give account and render the Stock delivered to one who is to carry on a Trade at half profit THE Condition of this Obligation is such That whereas the above-named T. C. at the request of the above-bound J. C. hath entrusted and committed into the hands of the said J. C. divers Goods Working-tools Plate Mony and Wares being in the whole of the value of for the furnishing of the said J. C. with a necessary Stock to exercise the Trade of a Goldsmith And whereas it is agreed between the said J. C. and T. C. that the said J. C. shall work upon and improve the said Stock in buying and selling and for his labour and pains therein shall receive and have to his own use the one half of the benefit thereof to be made keeping the Stock entire and paying unto the said T. C. the other half of the benefit thereof to be made If therefore the said J. C. his Executors or Administrators do and shall within six months next after notice to him given or left in writing at the place of his usual abode pay or deliver unto the said T. C. his Executors or Administrators of lawful Mony of England for the Stock aforesaid or the value thereof in Goods Working-tools Plate and Goldsmiths Wares But if the said J. C. shall happen to die before such notice given or left in writing as aforesaid then if the Heirs Executors or Administrators of the said J. C. shall within twenty pay next after such the death of the said J. C. pay and deliver unto the said T. C. his Executors or Administrators the said _____ or the value thereof as aforesaid And also if the said J. C. do and shall from time to time yearly and every year at the Feasts c. until the said _____ or the value thereof as aforesaid shall be paid and delivered unto the said T. C. his Executors or Administrators pay or cause to be paid unto the said T. C. his Executors or Administrators the moiety or one half of all such sum and sums of mony as he the said J. C. shall have received or gained by working in the Trades of a Goldsmith or Silversmith or by buying and selling any Wares belonging to either of the said Trades the first payment thereof to be made at the Feast of the Annunciation of the Blessed Virgin Mary next ensuing the date hereof Then this Obligation to be void c A Condition to pay proportionable shares of the charges of a Suit concerning a Common THE Condition of this Obligation is such That whereas there is within the Parish of W. in the County aforesaid a certain parcel of Pasture ground containing by estimation sixty Acres called Eastside Common And whereas every of the above-bound T. C. J. H. P. W. and W. F. respectively are seized of several Lands and Tenements in the said Parish of W. to which Lands and Tenements respectively there doth belong Common of Pasture for Sheep upon the said East-side Common at certain times in the year And whereas J. C. of W. aforesaid Gent. doth claim Common of Pasture for Sheep in the said East side Common at such times as he ought not to have such Common of Pasture there And thereupon the said T. C. J. H. and P. W. and one R. T. of W aforesaid and Undertenant of the said W. F. or some of them did lately distrain and impound the Sheep of the said J. C. depasturing in the said Eastside Common whereupon the said J. C. hath brought against them several Actions of Replevin And the said T. C. J. H. P. W. and R. T. have jointly and severally retained the above-named N. C. to defend for them the said Actions of Replevin and to prosecute and defend other Actions concerning the said Common If therefore every of them the said T. C. J. H. P. W. and R. T. respectively by parts and portions ratable and proportionable to the respective quantities of Land by every of them respectively occupied or possessed and whereunto Common of Pasture for Sheep on the said Eastside Common doth appertain do and shall from time to time upon every request made well and truly pay or cause to be paid unto the said N. C. all such sum and sums of Mony as the said N. C. shall expend lay out or reasonably deserve to have for or in the prosecuting or defending the several Actions of Replevin before-mentioned or any other Action or Actions for or in the names of the said T. C. J. H. P. P. and R. T. or any of them for about or concerning the said Common called Eastside Common And also if every of them the said T. C. J. H. P. W. and R. T. respectively by such parts and portions as aforesaid upon every request made do or shall pay and bear mutually to and amongst each other all such costs charges and damages as they or any of them shall expend pay or suffer for or by occasion of the Actions of Replevin before-mentioned or any other Actions or Suits brought or to be brought by for or against them or any of them touching or concerning the said Eastside Common And also if any of them the said T. C. J. H. P. W. and R. T. shall not at any time acquit release or discharge the several Actions of Replevin before-mentioned or any Judgment
of the other part Whereas the said R. C. and E. his Wife have in the Term of St. Michael last past before the date of these Presents levied a Fine in due form of Law unto the said J. F. and F. J. of all c. The which Fine was levied by such Names number of Acres and other particulars as are in the Fine contained as by the said Fine Relation being thereunto had doth more fully appear Now this Indenture witnesseth And it is hereby declared by and between all the Parties hereunto That the true intent and meaning of the levying of the said Fine at the time of the levying thereof was and is to be taken to be to the uses intents and purposes hereafter following That is to say to the use of c. The Introduction of the Uses on a Recovery to be had with double Voucher THIS Indenture made c. Between A. B. of the first part R.C. and C. R. of the second part and J. F. and F. J. of the third part Whereas the said A. B. by one Indenture of Bargain and Sale dated the first day of this Instant December and inrolled in their Majesties High Court of Chancery the tenth day of the same Month made between the said A. B. of the one part and the said R. C. and C.R. of the other part Hath granted bargained and sold to the ●aid R. C. and C. R. all that c. and the Reversion and Reversions Remainder or Remainders thereof and of every part and parcel thereof To have and to hold the said c. and all and every the said premisses with the appurtenances unto the said R. C. and C. R. their Heirs and Assigns for ever to the only proper and absolute use and behoof of the said R. C. and C. R. their Heirs and Assigns for ever To the end intent and purpose that the said R. C. and C. R. might thereby and by force of the Statute of transferring Uses into Possession become Tenants of the Free-hold of all and every the Premisses That a good and perfect Common Recovery with double Vouchers may be thereof had and executed Now this Indenture witnesseth And it is covenanted concluded and fully agreed by and between all the said parties to these presents for them and every of them their and every of their Heirs That they the said R. C. and C. R. shall and will permit and suffer the said J.F. and F. J. before the end of c. next ensuing the date of these presents by Writ or Writs of Entry sur disseisin en le post to be sued forth and obtained out of Their Majesty's High Court of Chancery and returnable before the Justices of Their Majesties Court of Common Pleas at Westminster in the names of the said J. F. and F. J. Demandants against the said R. C. and C. R. Tenants or the Survivor of them to recover to them the said J. F. and F. J. and their Heirs in due form of Law according to the usual form of Common Recoveries for assurances of Lands Tenement and Hereditaments against the said R. C. and C. R. the said c. with their and every of their appurtenances by some name or names in the said Writ and Recovery to be contained In and to which said Writ the said R. C. and C. R. shall appear gratis in their proper persons and after defence made shall vouch to Warranty the said A. B. who shall likewise thereupon appear and enter into the Warranty and after defence made shall vouch to warranty the Common Vouchee who shall likewise appear and enter into Warranty and after make default in contempt of the Court to the end that a perfect Common Recovery may be had and executed according to the course of Common Recoveries of the c. and all and singular other the premisses with the appurtenances Which Recovery so as aforesaid or in any other form to be had suffered and executed by and between the said parties or any of them the said c. before the c. and the Recoverors in the said Recovery or Recoveries shall immediately from and after the suffering and executing thereof stand and be seized of the said c. to the uses intents and purposes hereafter specified expressed and declared and to no other use intent or purpose whatsoever Or thus And it is covenanted granted concluded and agreed by and between all the said parties to these Presents That the said Recovery so to be had and executed as aforesaid and every other common Recovery with Vouchers to be suffered by the said R. C. and C. R. or the Survivor of them before the end c. of the said c. and of every or any part thereof by what names or additions soever the same shall be had or suffered immediately from and after the execution thereof shall be And the person or persons who shall thereby recover the premisses or any part thereof and his and their Heirs after Execution shall stand and be seized of the said c. or of such part thereof as shall be recovered as aforesaid to the use of c. The Introduction of the uses on a Recovery with double Voucher suffered THIS Indenture made c. Between R. R. of the first part R. C. and C. R. of the second part and J.F. and F. J. of the third part Whereas the said R. R. by one Indenture of Bargain and Sale c. reciting to the end of the Habend ' And whereas afterwards that is to say in the Term of St. Michael then next following the said J. F. and F. J. did persue out of the said Court of Chancery one Writ of Entry Sur Disseizin en le post against the said R. C. and C. R. returnable before the Justices of his Majesty's Court of Common Pleas at Westminster where the said J. F. and F. J. did demand against the said R. C. and C. R. the said Mannors c. to which Writ the said R. C. and C. R. did appear in proper person and after defence made did vouch to warranty the said R. R. who did likewise appear in person and entred into the warranty and vouched over the common Vouchee who did likewise appear in person and entred into warranty and after made default whereby several Judgments were had according to the Course of Common Recoveries used in the Court of Common Pleas. Now this Indenture witnesseth and it is hereby declared and expressed That the true intent and meaning of all the said parties to these presents before and at the time of suffering the said Recovery was and ever since hath been and yet is that the said Recovery and the whole execution thereof should and for ever hereafter shall be and enure And the said Recoverors and their Heirs shall for ever hereafter stand and be seized of and in the c. and all and every the premisses before-mentioned with the appurtenances to the use c. The Introduction of the