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A33580 The Young clerk's tutor enlarged Cocker, Edward, 1631-1675.; J. H. 1668 (1668) Wing C4858; ESTC R38749 71,419 127

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in the said Court at the Suit of Walter Hughes of Grays-Inn in the County of Midlesex Esquin Easter-Term now next ensuing and confess a Judgment against me unto him for the sum of six hundred pounds Debt besides cost of Suit by Non sum informatus nil dicit or otherwise and for your or any of your so doing this shall be your sufficient Warrant Witness my Hand and Seal this 24th day of March Anno Dom 1661. and in the Fourteenth year of the Reign of our now Soveraign Lord King Charles the Second of England c. Note you may alter the direction afore-mentioned to this following and it is a warrant in the Common-Bench To P. G. T. M. T. A. and H. L. Gentlemen Attorneys of his Majesties Court of Common-Bench at Westminster or to any one of them or any other Attorney of the same Court A Warrant of Attorney to acknowledge satisfaction upon Record for a Judgment recorded formerly To T.W. A.W. T.I. and H.G. Gentlemen Attorneys in his Majesties Court of Kings-Bench at Westminster or to any one of them or to any other Attorney of the same Court VVHereas I Walter Hughs of Grays-Inn in the County of Middlesex Esq in Easter-Term now last past did obtain and recover a Judgment in the said Court of Kings-Bench against Arnold Briggs of London Gent. for six hundred pounds Debt and thirty shillings for Damages or costs of Suit as by the Records thereof remaining in the said Court more at large may appear Of and for which said Judgment and the Debt and Damages thereby recovered I the said Walter Hughs do hereby acknowledge my self to be fully satisfied and contented These are therefore to intreat and authorize you or any of you to acknowledge satisfaction upon Record in the said Court of for the said Judgment and the said Debt and Damages thereby recovered And this my Writing shall be your or any of your sufficient Warrant and Discharge in this behalf In witness whereof I the said Walter Hughs have hereunto set my Hand and Seal this four and twentieth day of May Anno Domini 1662. and in the Fourteenth year of the Reign of our Soveraign Lord King Charles the Second of England c. This Warrant altering the Style of the Court will serve to acknowledge satisfaction in the Common-Bench at Westminster A Release of Errours upon a Judgment in the Common-Bench KNow all men by these Presents That I Arnold Briggs of London Gent. have remised released and for ever quit-claimed and by these Presents do remise release and for ever quit-claim unto Walter Hughs of Grays-Inn in the County of Middlesex Esq his Executors Administrators and Assigns all and all manner of Errour Errours Cause and Causes of Errours Misentries Mistakes and Jeofails whatsoever which is or hath happened in the Record or Proceedings of one Judgment for six hundred pounds Debt and thirty shillings for Damages or Costs of Suit which is obtained and gotten against me the said Arnold Briggs at the Suit of the said walter Hughs in his Majesties Court of Common-Bench at Westminster in Easter-Term now last past or for or by reason of the not suing out or filing of an Original Writ or the filing a Warrant or Warrants of Attor●●● or other fault in any of the Entries or Proceeding ●●●●ereupon or relating thereunto In witness whereof 〈◊〉 have hereunto set my Hand and Seal the four and twentieth day of May Anno Domini 1662. and in the fourteenth year of the Reign of our Soveraign Lord King Charles the Second of England c. A Release of Errours upon a Jedgment in the Kings-Bench KNow all men by these Presents That I William Goodman of Tilmanston in the County of Kent Gent. do by this present Writing for me my Heirs Executors and Administrators remise release and for ever quit-claim unto Thomas Crofts of Kingwould in the County of Kent Yeoman and all and all manner of Errour and Errours and Misprision of Errour and Errours which are or may be in one Judgment remalning upon Record in his Majesties Court of Kings-Bench at well m●n●●●r against the said w●ll●dm Goodman at the Suit of the said Thomas crosts for one hundred pounds Debt and two pounds seventeen shillings three pence Charges or thereabouts or in any the Premises or Proceeding of the sa●d Judgment or Suit In witness whereof I have hereunto set my Hand and Seal the eight and twentieth day of May Anno Domini 1662 and in the fourteenth year of the Reign of our Soveraign Lord King Charles the Second c. A Letter of Attorney to receive Money due upon a Bond. KKow all men by these Presents That I Robert Belsey of Colch●ster in the County of Es●●r Gent. have assigned ordained and made and in my stead and place by these Presents put and constituted my trusty and well-beloved Fr●●nd John Edmands of London Gent. my true and lawful Attorney for me and in my stead name and to the use and behoof of hun the said J●●● E●munds to ask recover receive of John Cole of High gate in the County of Mi●ldlesex Gent. Thomas Lee and John Plodw●l of Ha●●●●smith in the same County Esquires the sum of five hundred pounds due unto me for non-payment of two hundred fifty pounds of like money on the 28th day of May 1662. last past before the date of these Presents as by one Obligation with Condition thereunder written bearing date the twelfth day of May 1661. in the Thirteenth year of the Reign of our Soveraign Lord King Charles the Second c. more plainly appeareth Giving and by these Presents granting unto my said Atrorney my full power and lawful authority in the Premises to do say perform and finish for me and in my Name as aforesaid all and every such act and acts thing and things devise and devises in the Law whatsoever for the recovery of all the Debts aforesaid as fully largely and amply in every respect as I my self might or could do if I were personally present and upon the Receipt thereof Acquittances or other Disecharger for me and in my Name to make seal and deliver ratifying allowing holding firm and stable all and whatsoever my said Attorney shall lawfully do or cause to be done in or about the Execution of the Premises by vertue of these Premises In witness c. A Warrant for a Attorney to appear c. To R. A. D. E. Attorney of the Court of Common-Bench at Westminster or any of them THese are to Authorize you and I do hereby desire you or either of you to appear for me I.S. in the said Court at the Suit of M. N. in an Action o● c. to imparle unto the said Action and afterwards to plead c. and for your so doing this shall be your sufficient Warrant Witness my Hand and Seal this _____ day of _____ 1662. A Warrant for an Attorney to appear c. To A. B. C. D. Attoneys of the Court
Warranty Page 94 A Fine by one and his wife to one of one Mannor Messuages c. and the Advowsance of a Church by turns Page 95 A Fine of a Rent by an Earl and his wife Page 97 A Fine of a third part of a Rent Page 98 A Fine of a Personage excepting the Advowsance of the Vicarage of the same Personage Page 99 A Fine of one Messuage one Barn Land Meadow Pasture and 55 Rent the Personage of B. and the Advowsance of the Vicarage of B. Page 100 A Fine by an Earl and his wife of a Mannor Advowsance Liberty of Foldage free Warren and free Fishing c. Page 101 A Fine from three and their wives to one with several Warranties Page 102 A Fine of nine Messuages nine Gardens c. and the moiety of one Water-mill one Dovehouse c. Page 103 A Fine be a husband and wife and another to one who grants and renders the same again to one of the Cognisors for 21 years to begin at a time to come reserving a Rent with clause of Distress and afterwards the Cognisee grants the Reversion to the husband and wife Conusors and the Heire of the Husband Page 104 I AN Indenture being a Defeazance of an Assignment of a Bond. Page 78 K. EVery Kings Reign with the year of our Lord annexed to the year of their Reign Page 160 c. L. A Letter of Attorney to receive a sum of money very vsual Page 28 To receive money due upon Bond Page 33 A Letter of Attorney to receive money due upon several Bonds allowing the Attorney reasonable charge out of the money he shall receive c. Page 34 A General Letter of Attorney to let set and dispose c. Page 36 A Leter of Attorney to recover Livery and Seisin according to the Feoffment Page 58 A Lease of Ejectment ibid. Livery and Seisin to be endors'd on a Deed. Page 58 A Letter of Attorney from the Husband to the Wife upon his Voyage Page 6● A Letter of Attorney to be added to the end of a Sale to give power for the Vendor to another to deliver possession in seisin to the Vendee Page 64 A Letter of Attorney to receive Seisin of Land Page 77 To receive money decreed in Chancery Page 79 A Lease of a house Page 100 M. A Mortgage of a house Page 75 A Mortgagee's assignment of his Mortgage to the Mortgagor to be endorsed on the Deed Page 62 N. THe Names of Officers in order Page 148 The names of the Moneys Page 156 The proper Names of Men in Latin and English in the same cases as they are to stand in the Recognizance and Obligation Page 119 O. An Oligation from one to one Page 3 An Obligation from one to two Page 4 An Obligation from one to three ibid. Two to one ibid. Two to two Page 5 Two to three ibid. Three to one Page 6 Three to two ibid. Three to three Page 7 R. A Recognizance from one to one Page 7 One to two Page 8 One to three Page 9 Two to one ibid. Two to two Page 10 Two to three Page 11 Three to one Page 12 Three to one ibid. Three to three Page 13 A General Release from two to two Page 23 A General Release from one to one Page 24 A Release of Errours upon a Judgment in the Common-Bench Page 31 In the Kings-Bench ibid. A Release of Personal Actions Page 50 Of a Ward to his Guardian when he is of age Page 56 A Release from the Father to one that bought the Son's Land Page 63 The Returns of the Four Terms Page 116 117 S. A Surrender of a Lease Page 66 A Surrender of the Lessee's term to be Indorsed on the Lease Page 79 A Schedule to a Will Page 88 The several sums of money Page 157 T. TRades and Professions of Men and women in their proper case to fill up the Bonds and Recognizances Page 143 The Titles of Men and Women Page 150 151 U. AN Umpirage Page 45 W. A Warrant of Attorney to confess a Judgment in Kings-Bench Page 29 To acknowledge satisfastion upon Record for a Judgement recovered formerly Page 30 A Warrant of Attorney to appear for one in the Kings-Bench Page 33 The same in the Common-Pleas ibid. A Warrant to confess a Judgment upon a Bond if the money be not paid on the day Page 34 A Warrant to a proctor by the Son to permit a Stranger to administer upon his Fathers Estate Page 57 A Warrant to an Executor Page 68 A Warrant of Attorney to confess a Judgment in Chancery for priviledged persons Page 42 A Will Page 87 A Writ of Covenant for the King of Tythe-Corn Page 99 THE YOUNG CLERKS TUTOR ENLARGED OBSERVATIONS Touching the firm making of Covenants Contracts and Agreements c. A Covenant Contract Agreement c. is the mutual consent of One Two or more person or persons by a formal Deed in writing containing an Agreement of the parties whereby One or more do Promise and Covenant with another to give or do somewhat in such sort as they have concluded of amongst themselves and to the firm making thereof it is to be observed 1. That the person or persons be of the full age of one and twenty years for it must be noted that Infants which are supposed not to understand what is done can therefore make no Obligation or Covenant c. yet such as be of the age of discretion that is Males of the age of fourteen years and females of twelve years may in some cases covenant and be bound and be lyable to perform As for necessary Food Apparel Schooling c. and in Marriage also or as an Executor to another Vide Duct 〈◊〉 Stud. I●b 2. Cap. 27. 2. Though they be of full age yet they must be compotes mentis and that at the time of making such Contract they have not these defects of the Mind viz. Madness Lunacy Idiocy nor these defects of the Body as Dumbness Deafness Blindness especially if they be Natural for in such case they can in no wise consent The nature of a Bond Bill or Obligation and Directions for the true making thereof 1. A Bond Bill or Obligation is a Deed in writing the nature thereof is to bind one man to another or two to more or many as occasion is to pay a sum of money or to give do or perform something whereupon it is desined to be the right of a person by which he hath another person bound unto him to pay that which he oweth him Right therefore is the chiefest cause of an Obligation the Act of man that seals and delivers such Obligation is only the remote or secondary cause Now that which is called an Obligation is the same with that which is commonly and vulgarly called or termed a Bond and it is also the same with a Bill only the Lawyers make this difference betwixt them viz. when it is in English it is called
Administrator meos firmiter per praesentes Sigallo meo Sigillat Dat. promo die Jan. An. Regni dicli domini nostri Caroli secundi Regis decimo quarto c. Annoque Domini 1662. A Discharge to Trustees for Money by them received VVHereas G. F. of c. did by his Indenture dated c. Demise and Lease unto H. P. of c. and others divers Mannors Lands Tenements and Hereditaments therein mentioned To have and to hold the same unto the said H. P. and the rest of the Lessees therein named for the term of 99 years if the said G. F. should live so long upon Trust that the said Lessees should dispose the Profits of the lands demised to the several purposes in the said Indenture mentioned as by the same Indenture may at large appear Now know all men by these presents That I the said G. F. do hereby acknowledge signifie and declare That all such Moneys as have been received by the said H. P. by vertue of the said Lease have been all paid and satisfied by him the said H. P. according to my Directions and Appointment and according to the Tenor of the said Lease and I do hereby acquit and discharge him the said H. P. his Heirs Excutors Administrators and Assigns and every of them of and from all such Moneys as aforesaid and every part and parcel thereof In witness c. Warrant of Attorney to confess a Judgment in Chancery for priviledged persons To c. or nay other of the Six Clerks belonging to His Majesties High-Court of Chancery WHereas I A. B. of c. became bound by Obligation bearing even Date with these Presents to C. D. of c. in the penal sum of 100 l. for the payment of 50 l. of lawful Money on or before the c. If in case I the said A. B. do not satisfie and pay or cause to be paid unto the said C. D. his Exccutors or Administrators the said sum of 50 l. on or before the c. then I the said A. B. do hereby give warrant and authorize you the said c. or any other of the said Six Clerks to appear for me at the said Court unto an Action or Suit there to be brought or commenced against me the said A. B. by the said C. D. his Executors or Administrators upon the said Obligation and thereupon to acknowledge and confess a Judgment in Hillary-Term next ensuing the date hereof and for so doing this shall be your sufficient Warrant Witness my Hand and Seal c. A Mortgagee's Assignment of his Mortgage to the Mortgagor to be endorsed on the Deed. KNow all men by these Presents That I H. P. of c. the Lessee within named for and in consideration of the sum c. unto me in hand paid by the within named G.F. Have granted assigned and set over and by these Presents do grant assign and set over unto the said G.F. all that the Mannor of c. and all and singular other the within-mentioned Premises with their and every of their Appurtenances and all my Estate Right Title Term and Interest therein as fully and amply as the same were granted or demised unto me from the said G.F. by the Deed or Writing within-written contained To have and to hold the same unto the said G. F. his Heirs and Assigns to do therewith at his and their free will and pleasure And I the said H. P. do hereby covenant and grant to and with the said G. F. his Executors and Administrators That I have not made done or willingly suffered and Act or Thing whereby the Premises within-mentioned or the Estate or Term hereby granted or demised shall or may be in any wise discharged impeached or incumbred In witness c. A Deed of Feoffment upon a Sale TO all Christian People to whom this present Writing shall come greeting Know ye That I W. B. of c. in part of performance of the Covenant mentioned in one Pair of Indentures bearing date c. made between me the said W. B. and F. my Wise of the one part and G. H. of c. of the other part Have given granted enfeoffed and confirmed and by these Presents do give grant enfeoff and confirm unto the said G. H. all those c. several Meswages Tenements or Cottages c. and the Reversion and Reversions Remainder and Remainders Rents Issues and Profits of all and singular the Premisses and all the Estate Right Title Interest Benefit Claim and Demand whatsoever of me the said W. B. of in and to the same To have and to hold the said Messuages Tenements or Cottages and all and singular other the Premises with their and every of their Appurtenances before-mentioned to be granted unto the said G. H. and his Heirs To the use of the said G. H. his Heirs and Assigns for ever And I the said W. B. have granted for me and my Heirs That we will grant unto the said G. H. and his Heirs the said Messuages Tenements or Cottages and Premises with the Appurtenances against all People for ever by these Presents In witness c. An Acquittance of part of a Debt BE it known unto all men c. That I A. B. c. in the County of c. have received and had the day of the making hereof of c. R. W. c. in the said County Yeoman 6 l. c. due to me on the Feast-day of c. last past before the date of these Presents in part of Payment of a greater sum contained and specified in a writing Obligatory wherein the said R. W. with others stand bound unto me the which 6 l. as abovesaid I do by these presents acknowledge to have received c. A short Deed to declare that the name of the Obligee in an Obligation is used in trust for another TO all Christian People to whom this Present Writing shall come I S. B. of c. send Greeting Whereas J. T. and J. G. of c. by Obligation bearing date c. stand joyntly and severally bound unto me the said S. B. for the true payment of c. on the c. as by the c. recite more if there be more Now know ye That I the said S. B. do hereby signifie and declare That the several sums of Money in the conditions of the said several Obligations mentioned were and are the proper Mon●ys of A. B. of c. And that my name is used in the said several Obligations in Trust and for the onely benefit of the said A. B. his Executors Administrators and Assigns and therefore I●h● said S. B. do hereby authorize and appoint the said A. B. his Executors Administrators and Assigns to receive and take all the several sums of Money to his and their own proper use and behoof without any Accompt to be given concerning the same and to use all lawful way●s and means for recovery thereof and to compound and agree for the
sum of twenty pounds of lawful money of England to be paid unto the said E. F. his Executors Administrators or Assigns at or upon the first day of June next ensuing the date hereof In witness c. A Single Penal Bill BE it known unto all men by these Presents That I Alex. Fish of Henslow in the County of York Gent. do owe and am indebted unto Robert Herringrose o● London Cordwainer the sum of ten pounds of lawful money of England to be paid to the said Robert Herringrose his Executors Administrators or Assigns at or upon the Ninth day of September next ensuing the date hereof to which payment well and truly to be made I bind my self my Heirs Executors and Administrators to the said Robert Herringrose his Executors and Assigns in the penalty of twenty pounds of like money firmly by these Presents In witness c. A Condition to stand by the Award of Arbitrators with an Vmpire certain nominated THe Condition of this Obligation is such That if the above-bounden Anthory Bartlet his Heirs Executors and Administrators and every of them do and shall for his and their parts and behalfs stand to obey abide observe and in and by all things well and truly perform accomplish the Award Arbitrament Order Determination final End and Judgment of Chri●lopher Dowdeswell of London Merchant and Edwar Fairclough of Westminster Gent. Arbitrators indi●●erently chosen elected named as well on the part behalf of the said Anthony Bartlet as on the part and behalf of the above named Solomon Crofts to award arbitrate order judge determine final end to make of for upon and concerning all and all manner of Actions and causes of Actions Sults Debts Strifes Accounts Reckonings Sum and Sums of Money Trespades Variances Quarrels Bonds Specialties Matters and Demands whatsoever had made moved risen or depending having been or now being between the said parties so always as the said Award Arbitrament Order Determination final End and Judgment of the said Arbitrators for or upon the Premises be made given up in Writing indented under their Hands and Seals ready to be delivered to the said parties on or before the twenty fourth of June next ensuing the date above-written And if the said Arbitrators shall not make give up their Award and Arbitrament of upon the Premises on or before the said twenty fourth day of June If then the said Anthony Bartlet his Executors Administrators and Assigns and every of them do shall stand to abide observe perform and keep the Award Umpirage final End and Judgment of George H●…le of London Esq Umpire indifferently chosen betwixt the said parties for the ending and composing the differences aforetaid so as the said Umpire do make give up his said Award Umpirage and Determination by writing indented under his Hand Seal ready to be delivered to the said parties on or before the tenth day of June next ensuing the date above written without fraud or covin Then this Obligation to be void and of none effect or else to stand and remain in full force and vertue A Deed of Gift TO all Christian People to whom these Presents shall come I A.B. of c. Gent. send greeting in our Lord God everlasting Know ye That I the said A. B. for the love and affection that I the said A.B. do bear unto C.D. Son of I. D. of c. Inn-keeper I the said A. B. being in perfect memory Have given granted and confirmed and by this my present Writing do fully freely and absolutely give grant and confirm unto the said C. D. all and singular my Goods Chattels Leases personal Estate whatsoever Utensils Housholdstuff Implements and Things whatsoever of what nature kind or property soever the same be or can be found within the Realm of England To have hold levy use dispose of take and enjoy all my said Goods Chattels Leases personal Estate Housholdstuff and Implements and all other the Premises aforesaid unto the said C. D. his Executors Administrators and Assigns from henceforth for ever without any manner of claim challenge or demand whatsoever of or by any person or persons whatsoever And I the said A. B. all and singular the said Goods Chattels Leases Implements and Things whatsoever and all other the Premises unto the said C. D. his Executors Administrators and Assigns against all people shall and will warrant and for ever defend by these Presents Of all every which said Goods Chattels Leases and Promises I the said A. B. have put the said C. D. in full and peaceable possession by the Gift and Delivery of one silver Salt which to the said C. D. the day of the date of these Presents I have given and delivered in the Name of Possession and Seisin of all and singular the said Premises In witness c. Sealed and delivered and quiet Possession and Seisin given and delivered by the said silver Salt parcel of the said Premises according to the effect of this present Writing in the presence of A Letter of Attorney to receive a sum of Money very usual TO all Christian People to whom these Presents shall come I A. B. of c. Gent. send greeting Know ye that I the said A. B. for sufficient causes and valuable considerations me hereunto especially moving Have made ordained constituted and in my stead place put and deputed and by these Presents do make ordain constitute and in my stead and place put and depute C. D. of c. Gent. my true and lawful Attorney irrevocable for me and in my Name and to my use to ask demand sue for recover and receive of I. F. of c. Gent. all such sum and sums of money debts and demands whatsoever which now are due and belonging unto me the said A. B. by and from the said I. F. and to have use and take all lawful ways and means in my Name or otherwise for recovery thereof by attachment Arrest Distress Re-entry or otherwise and to compound and agree for the same and Acquirtances or other sufficient Discharges for the same for me and in my Name to make seal and deliver and to do all other acts and things whatsoever concerning the Premises as fully in every respect as I my self might or could do if I were personally present and Attorneys one or more under him for the purposes aforesaid to make and again at his pleasure to revoke And I the said A. B. do hereby ratifie and confirm whatsoever my said Attorney shall lawfully do or cause to be done in my Name or otherwise by force of these Presents In witness c. A Warrant of Attorney to confess a Judgement in the Kings-Bench To T.W. A.W. T.I. and H.G. Gentlemen Attorneys of his Maiesties Court of Kings-Bench at Westminster or to any one of them or any other Attorney of the same Court These are to desire and authorize you or any of you to appear for me Arnold Briggs of London Gent.