it stands in force or be reversed by attaint or Writ of Error is final and makes an end of the Suit And here observe 1. That all Judgments are either by Award by Confession by Default or by Tryal Cro. 2.468 2. That a Judgment cannot be depheasanced before it be obtained Cro 1.837 3. That Judgments are much favoured in Law for Judicia in Curia Regis reddita pro veritate accipiuntur et Judicia sunt cantum Juris dicta Judicia in Curia Regis reddita non adnihilentur sed stent in suo robore quousque per errorem aut attinctam adnullentur for Interest reipublicae res judicatas non rescindi et nihil est tam conveniens naturali aequitati quam unum quodque dissolvi eo ligamine quo ligatum est Co. Inst 2. part 360. 4. That if the Plaintiff upon a Judgment dye his Executors or Administrators may not proceed to take advantage thereof or have Execution thereupon till they have first sued out a Scire facias Co. Inst 2. part 288 394. The Method of proceeding in a Judgment is as followeth viz. The Judgment being past the Plaintiff may choose his Execution and to pursue it But he is first to take care that this Judgment be entred in due and legal form which you may see in the Book of Entries Then he must be careful in the choyce of his Execution As for Example If he make choyce of an Elegit it is to be directed to the Sheriff in the form by Law prescribed for which see F.N.B. and the Old N. B. Then the Sheriff having received the Writ must summon a Jury and this Jury is to inquire and return what Fee-simple Fee-tail or for life Lands Goods or Chattels the Defendant had at the time of the Judgment or at any time after And this must be very carefully done the finding must have certainty in it by the quality of the Land as the Mannor of H. a Messuage and 20 Acres of Land Meadow and Pasture in D. in the occupation of J. S. of the value of c. 5. pound Rent c. Then the Sheriff is either at the same time or some time afterward to deliver the one moyety thereof and this last he alone doth without the Jury And herein care must be had that they do it by meets and bounds and that he do certainly describe that which he doth so deliver and that he deliver what is divideable and therefore that he do not divide a Mannor and deliver the moyety thereof for by this means he may destroy the Mannor And if the Sheriff shall deliver too much the Court at the return of the Writ may quash it and order a new Inquiry When the Plaintiff is satisfied by incursion of time the Defendant may re-enter upon his Land without more ado but if he hath received satisfaction by some accidental improvement of the Land there he is to call the party into Court out of which the Writ issued and there to do it by Scire facias Co. 5.38 39. But all Executions are to be taken out within a year after the Judgment else no Execution can be made out without first suing forth a Scire facias Westm 2.45 13 Edw. 1. The Execution upon a Judgment shall relate to the day of the Writs date and the award of the Writ of Execution shall bind all the Goods of him against whom Judgment is which he had at the day of the Execution awarded The Entry of a Judgement may be stayed and arrested if the Court shall see cause That a Judgment may be for a part of the thing only in demand or for the whole That a Judgment may be erroneous and avoidable by a Writ of Error for many causes Cro. 2.303 That after Judgment no Issue shall be taken Cro. 2.126 That when a Judgment is reversed for Error the Party is restored to his first remedy Co. 8.141 The Forms and Presidents of these things vary according as the case requires and being only practicable by Attorneys who are or ought to be well versed therein we will trouble the Reader with them but in the next place shew the several Statutes that speak of the same Stat. Westm 2.18 13 E. 1 That he that recovereth debt or damage in the Kings Court may at his choyce have a Fieri facias of the Lands and Chattels of the Debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough-Beasts and the moyety of his Land by a reasonable extent till the debt be levied And if he be Ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be And this last Writ is called an Elegit which is given upon a Statute also Stat. 32 H. 8. cap. 5. That for all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things inrolled the Execution shall be within the year but after the year a Scire facias whereupon if satisfaction be not made or good cause shewed the Sheriff shall be commanded to Execution That if Lands delivered in Execution upon just cause be recovered without Fraud from the Tenant in Execution before he shall have levied and received his whole debt and damages he may have a Scire facias out of the Court from whence he had the Execution returnable in the same Court at a day Forty dayes at the least after the date of such Scire facias at which day if the Defendant being lawfully warned make default or do appear and do not plead a sufficient cause other than the former acceptance of the Lands to avoid the said Suit for the residue of the said debt and damages the said Court shall issue forth a new Writ of Execution for the levying thereof Stat. 1 Jac. cap. 13. If any taken in Execution be delivered by Priviledg of Parliament as soon as the Priviledg ceases the Plaintiff his Executors or Administrators may sue out a new Execution against him and the Sheriff or other Officer shall not be chargeable for the first Arrest Stat. 3 Jac. cap. 8. That no Execution is to be stayed upon any Writ of Error or Supersedeas upon it for reversing of a Judgment for debt or upon a Contract till the Plaintiff be bound in Recognizance with two Sureties in that Court in double the Summe of the Judgment to prosecute it with effect and pay the debt costs and damages if the Judgment be affirmed Stat. 21 Jac. cap. 24. That the party at whose Suit any one is in Execution for debt or damages recovered their Executors or Administrators may after the death of the person so charged and dying in Execution lawfully sue forth new Execution against the Lands and Tenements Goods and Chattels of the person so deceased in like manner as if the person so deceased had never been taken in Execution Howbeit this Act shall
of London It is sealed with three Seals viz. the Seals of the Conusors the King and one of the Justices or else the Mayor and Recorder The Form of it is thus Noveritis c. me A.B. teneri C.D. in mille libris solvend eidem ad Festum sancti c. Et si defecero in solutione debitiÌ„ praedicti Volo Concedo quod tunc currat super me Haeredes et Executores meos meos Poena in Statuto Stapulae debit pro Mercandisis in eadem emptis recuperand ordinat et provis Dat. c. Or thus Noverint Universi per praesentes nos A.B. C.D. teneri et firmiter Obligari J.S. in mille libris sterlingor ' solvend eid J.S. aut suo certo Attornato hoc script ostend ' Haeredibus vel Executoribus suis in festo c. proxime futur post dat praesentium et si defecerimus in solutione debiti praedicti Volumus et concedimus quod tunc super nos et quemlibet nostrum Haeredes et Executores nostros poena in Statuto stapulae de debit ' pro Mercandisis in eâ—d emptis recuperand ordinat et provis Dat. c. Anno Regni c. Vide Stat. 23 H. 8.6 Cro. 1.326 Co. 2. Inst 678. There are divers other Recognizances taken and acknowledged before the Lord Chancellor Master of the Rolls and others as the Justices of the one and the other Bench Barons of the Exchequer Judges of the Circuits Justices of the Peace and Sheriffs some whereof are by the Common-Law and some by certain Statutes And amongst these some are without Seal and recorded onely and some are sealed and recorded also Some of them are in the nature of Bayl and some of them are given to the King and both these are of the nature of the former kind of Recognisances which we will not meddle with but onely those made to subjects and for the payment of money or the doing of some other thing by one subject to another wherein he that doth enter into the Statute or Recognisance is called the Conusor or Debtor and he to whom it is made is termed the Conusee For the better understanding of matters relating to those things we are to observe That the forementioned Statutes are much of the nature of a Judgment had upon a Suit in the Kings-Bench or Common-Pleas and therefore are called Pocket-Judgements 2. That if the Writing be not as good as a Statute it will not be good to any purpose for if void as a Statute it will be void as an Obligation Cro. 3.319.494 3. That a Statute first acknowledged shall be preferred before a Judgment after had So that if a man acknowledg a Statute and after confess a Judgment and the Land be extended on the Judgement the Conusee shall have a Scire facias to avoid the Extent upon the Judgment And yet a Judgment had in a Court of Record shall be preferred in case of an Executor before a Statute and the Executor is to satisfie the Judgment before the Statute And it is held per totam Curiam That be the Judgment first or last it must be first satisfied Co. 6.45 in Higgons Case Plowd 32. Pemberton and Bartons Case Co. 4. in Sadlers Case Dyer 80. 4. If one owe me a Debt upon a Statute and dye his Executor or Administrator must see me paid this debt before â—e pay any debt to a Subject upon a Bond or for Rent or upon a single or simple contract it must be paid next after Debts upon Judgement 5. All Statutes Merchant and of the Staple are to be brought to the Clerk of the Recognizances within four moneths and to be enrolled within six moneths otherwise they will be void as to purchasors 27 Eliz. cap. 4. 6. That a Statute or Recognisance if it be obtained upon an Usurious contract or of purpose to deceive men in the purchase of their Lands or for the obtaining of their just debts they will be void or voidable by this Cro. 2.67 425. 7. That if two do acknowledge a Recognisance or Statute of 1000 l. quilibet eorum in solido this will be joynt and several and the Conusee may have several Scire Facias's upon it And it is said that a special Recognisance may by express words bind the Lands of the Conusor in one County only Co. 2. part Inst 395. 8. If a Statute Staple be not sealed with the Seal of the party that doth acknowledg it yet it seems to be good enough for the Statute doth not require it But a Recognisance within the Stat. of 23 H. 8. cannot be good except the Seal of the party be to it for so are the words of the Statute by three Justices of the Common-Pleas Trin. 22 Jac. 9. If a Statute be made to two and one of them come with it he shall have Execution in both their names And it is the common course that any stranger that comes with a Statute may have Execution of it in the dame of the Recognisee And if after the death of the Recognisee a stranger come in his own name and shew the Statute he shall have Execution of it though as we said the Conusee himself come not in person 10. If the Conusor of a Statute Merchant or Staple c. be taken and he dye in Execution yet the Conusee shall have Execution of his Lands and Goods Or if the Conusor in Execution escape his Goods and Lands shall be taken and executed upon the Statute For the action given to the Conusee against the Sheriff for the Escape is not a satisfaction Co. 5.86 87. Fitz. 246. 11. A Writ of Extent was awarded in the time of Queen Mary returnable Quindena Martini the Writ executed by Inquisition in the life of the Queen but before the return the Queen dyed and yet it was returned and a Liberate granted in the time of the next Queen In this case it was doubted by the Court That the Extent was not well returned Dyer 205. 12. In a Scire facias upon a Recognisance Joynt-Tenancy is a good plea to abate the Writ and if it be upon a Judgment to have Execution it is a good barr that the Plaintiff hath assigned his damages to the King although the King have not levied So also it is a good barr to say that the Sheriff hath levied the money by Fieri facias albeit he hath not returned the Writ Moores Rep. 671 693. 13. If an Extent be sued by an Executrix upon a Statute made to her Testator and she dye before the Inquisition taken this Inquisition may as it seems be taken after her death and an Administrator de bonis non administratis of the Testator upon this Extent sued by the Executrix may have a Liberate and shall not need to begin again and have a new Certificate and a new Extent and Liberate Cro. 1.326 But this shall suffice as to those Particulars I will now shew you what is liable to
any sufficient discharges to any of my said Tenants or Farmers requiring the same And the same sum and sums of Money Rents Issues and Profits so had and received to pay and deliver to me the said G. K. my Executors Administrators and Assigns and to be accomptable unto me the said G. K. my Executors and Administrators from time to time for all every or any the said sum or sums of Money so as asonesaid by the said C. P. had taken and received at the Feast of St. Michael the Archangel next ensuing the date hereof or before the end of Candlemas Term then next ensuing and at the Feast of the Annunciation of the blessed Lady St. Mary the Virgin then next following or before the end and expiration of Trinity Term then next ensuing and so from time to time at the Feasts and Dayes before prefixed to give and make a true account or accounts to me during the continuance of the power to him given and granted as aforesaid And further I do by these presents give full power and authority to my said Attorney at any time hereafter to elect and choose some one sufficient and able person to be Steward of my Courts of my said Mannors c. and also to place and displace at his will and pleasure upon just occasion any Bayliff or other Officer or Officers whatsoever as occasion shall require and also giving and by these presents granting unto my said Attorney full power and lawful authority for me and in my name stead and place and to my use as aforesaid for non-payment of all every or any my said Rents arrerages of Rents Issues Amerciaments and Profits to distrain impound arrest sue implead and imprison all every or any my said Tenants or Farmers which shall refuse to pay my said Attorney all or any such sum and sums of Money Rents Issues and Profits by them or any of them respectively due and payable unto me as aforesaid and the same persons again to discharge acquit and release of and from the same at his will and pleasure And further to do or cause or procure to be done in and about the premises all and whatsoever to the said C. P. shall seem requisite and needful to be done as effectually as if I my self were then and there personally present And which c. so to be done I do hereby covenant and grant for me my Heirs c. to justifie aver and maintain as fully and perfectly to all intents constructions and purposes as though the same were actually done by my self In witness c. A Warranty of Attorney to confess a Judgment WHereas K. B. widow of c. Executrix of the last Will and Testament of J. B. Esq hath sued out of the High-Court of Chancery an Original Writ of Debt for Two hundred pounds against me T. H. and J. W. of c. Esq and Sir R. B. of c. Knight my Sureties returnable this Trinity Term in the Court of Common-Pleas at Westminster These are therefore to require you to appear for me and my Sureties and to make Declaration for us the said T. H. J. W. and Sir R. B. at the suit of the said K. B. and thereupon to confess a Judgment either by non sum informat nihil dicit or otherwise as you shall think fitting and this shall be your sufficient warrant in that behalf In witness c. A Warrant to acknowledge satisfaction Mr. T. W. VVHereas in Trinity Term in the Twentieth year of the Reign of our Soveraign Lord King Charles over England c. there was a Judgment had and obtained in His Majesties Court of Common-Pleas at Westminster against A. P. of c. for c. Debt and c. Damages and Costs at the suit of c. These are to require you to acknowledge satisfaction upon the said Judgment and this shall be your sufficient warrant for the same In witness c. Another Warrant to acknowledge satisfaction Mr. T. F. VVHereas I heretofore retained you my Attorney in His Majesties Court of Kings Bench at Westminster to sue charge and implead R. E. upon several actions and a Habeas Corpus depending against him and whereas you thereupon further proceeded by my direction to the recovery and entry of four several Judgments the one of 50 l. Debt and 7 l. 10 s. and 8 d. Damages another c. another c. and the other c. for that I have received full satisfaction from the said R. E. for and concerning all those actions and several executions by you in my behalf obtained and entred against him by force whereof he remains Prisoner in the custody of the Marshal of His Majesties said Court These are therefore to will and require you to discharge those several actions by search or otherwise out of the Entry-Book of the Marshal of that Court or other declarations remaining on file there And further I do hereby direct and authorize you to acknowledge satisfaction upon Record upon the several Judgments above specified and all other Judgments chargeable against him for my satisfaction and so to release his person out of the Marshals custody from all causes touching me And for the doing thereof this shall be your sufficient warrant and discharge In witness c. An Indenture for suing forth a writ of Entry of a Mannor to the intent a Recovery may be had THis Indenture tripartite made the c. between H. E. of c. of the first part W. G. of c. of the second part and A. B. and C. D. of c. of the third part Witnesseth That it is covenanted granted concluded condescended unto and fully agreed upon by and between the said Parties to these presents And the said H. E. doth for himself his Heirs c. covenant c. that he the said E. or his c. before the Feast of c. at the proper Costs and Charges in the Law of the said W. G. his Heirs or Assigns shall permit and suffer the said A. B. and C. D. to bring and sue forth out of His Majesties High-Court of Chancery one Writ of Entry sur disseisin en le post against the said W. G. returnable before the Justices of the Common-Pleas at VVestminster at a certain day before the said Feast of c. by which Writ the said A. B. and C. D. shall demand against the said W. G. all that the Mannor of c. by the name of c. or by any other name or names whatsoever whereunto the said W. G. shall appear before the said Justices at the said day of return to be contained in the said Writ in his own proper person or by his Attorney sufficiently authorized by the Law for the same upon which appearance the said A. B. and C. D. shall declare against the said W. G. according to the nature of the said Writ and that he the said H. E. shall permit and suffer the said W. G. to make defence
interest of him the said W. W. in all the said Messuages and Lands by his death are lawfully descended and come to your Orator as brother and next heir unto the said W. W. so that your Orator in equity ought to have such remedy benefit and advantage against him the said W. C. for all the said Lands c. as the said W. W. might have had at any time in his life-time May it therefore please your good Lordship the Premisses considered That the said Bill Answer Replication Depositions Orders and Certificates and the whole Process and proceedings upon all and every of them may be revived and stand in such state for your Orator against the said W. C. and his Heirs to all intents and purposes as the same were for the said W. W. at the time of the death of him the said W. W. and that your Orator may thereupon have such and as great benefit and advantage against him the said W. C. as your Orators said Brother W.W. might have had at the time of his death and likewise that it may please your good Lordship to grant unto your Orator Process of Subpoena c. The beginning and conclusion of a single Answer THe said Defendant saving and reserving to himself now and at all times hereafter all benefit of exception unto the incertainties insufficiencies and imperfections in the said Bill of Complaint contained for a full plain perfect and direct answer unto all and every the matters allegations and things which are in the said Bill of Complaint contained in any sort or wise material or effectual in the Law for this Defendant to answer unto saith c. The Conclusion Without that that any other matter or thing in the said Bill of Complaint contained material to charge this Defendant withall or effectual by him to be answered unto and not hereby sufficiently answered unto confessed or avoided traversed or denied is true in such sort manner and form as herein before is expressed All which this Defendant doth and will be ready to aver maintain and prove as this Honourable Court shall award and humbly prayes to be hence dismissed with his reasonable costs and charges in this behalf wrongfully sustained A Plea and Demurrer THe said Defendant by protestation not confessing or acknowledging any matter or thing in the said Bill of Complaint contained laid to the charge of this Defendant to be true in such manner and form as is therein set forth Saith That the said Bill doth contain therein against this Defendant as he is by his Council advised many apparent imperfections incertainties and insufficiencies such as do afford unto him just cause and matter of exceptions to plead in Bar of the Plaintiffs further proceedings against him in this Honourable Court thereupon the benefit and advantage of exception whereof this Defendant apprehending accordingly saith first for answer to so much of the said Bill as is material to charge him withall That he believeth it to be true c. Answer what is necessary to be answered to the Plaintiff's Bill And as unto the accompt which the Plaintiff by his said Bill demandeth of this Defendant and to all other the matters of the said Bill not before hereby answered unto he this Defendant for and by way of Demurrer thereunto saith c. And for all these matters causes and reasons before alledged and for divers other apparent incertainties and insufficiencies in the said Bill doth under favour of this Honourable Court demur in Law unto and upon all those points of the said Bill not before answered unto and demandeth judgement of this Honourable Court whether the premisses standing in state as is before alledged he this Defendant shall be compelled to make any other or further answer thereunto and whether the Plaintiff shall be admitted to any relief examination of Witnesses or further proceedings against this Defendant in this Honourable Court thereupon whose judgement therein this Defendant humbly expecteth and most humbly prayeth to be dismissed c. A Certificate for a Forma Pauperis in Chancery To the Right Honourable the Lord Keeper of the Great Seal of England MAy it please your Honour to be advertised by us whose names are here under-written That to our knowledge A.C. of c. is a very poor Woman and not worth 5 l. and there being a Sute in Chancery lately commenced against her by one R.B. the same besides her trouble is like to bring upon her great expence and unless the same may be prevented by your Lordships favour by admitting of her in Forma Pauperis the defence of such Sute otherwise is like to tend to her undoing The Consideration of all which we humbly leave to your Lordships further consideration and do rest At your Honours or Lordships Command An Affidavit for the same I. S. of c. maketh Oath that be verily believeth that A. C. of c. is not worth 5 l. of her own proper goods her debts being paid and she is very lame and by reason of her infirmity not well able to travel to London about such Sute as is prosecuted against her by one R. B. Jurat 20. die M. I.M. The Petition of the same To the Right Honourable c. The humble Petition of A.C. of c. Widow Defendant to the Bill of Complaint of R.B. Complainant SHeweth That your Petitioner is a very poor Woman and not worth 5 l. as may appear by the Certificate hereunto annexed of sundry Persons of Quality to whom her poverty is well known and there being this last Term a long Bill exhibited by the Plaintiff in Chancery against her for and concerning c. and other things of like nature she in respect of her poor estate shall not be able to answer or defend that Sute unless your Lordship be pleased to admit her in Forma Pauperis to be sued and sue concerning the same Wherefore your Petitioner doth humbly desire that your Lordship in consideration of her poverty she being not able to travel would be pleased in that behalf to admit her in Forma Pauperis and to assign Master G. and Master T. to be of her Council and Master M. to be her Attorney and she shall ever pray c. Answ Upon the Certificate and Affidavit of Poverty annexed let the Pertitioner be admitted to sue and be sued in Forma Pauperis as is desired T. G. c. The Form of the Title of a second Answer to be made upon a Report c. THe further answer of A.B. one of the Defendants to the Bill of Complainant of C.D. Complainant according to the report of E F. one of the Masters of this Court made the 17 day of J. and of an Order of this Court of the 8 day of this instant month of April 1664. The said Defendant in obedience of the said order and for further satisfaction of this Honourable Court saith c. All which matters and things he this Defendant is and will be ready
not extend to Lands sold bona fide after the Judgment given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts But to return to Execution wherein we are to consider That the Writs whereby this Execution is made are some of them against the person some of them against the goods some of them against the Lands and some of them against the Body Lands and Goods together Co. 6.87 8.141 For the doing of Execution in a Suit for debt or damages the Writs are the Levari facias the Fieri facias and the Capias ad Satisfaciendum and sometimes the Exigent the Capias Utlagatum and the Capias pro fine The Levari facias is a Judicial Writ directed to the Sheriff for the levying of a summe of money upon the Lands and Tenements of him against whom the Judgment is Reg. Orig. fol. 298. The Fieri facias is a Judicial Writ lying for him that hath recovered in an Action on Debt or Damage directed to the Sheriff commanding him to levy the same of the Defendants goods Old Nat. Bre. 152. The Capias ad Satisfaciendum is a Judicial Writ grounded upon a Statute lying where a man hath recovered in an Action personal any debt or damages in the Kings Court directed to the Sheriff to command him to take the body of him against whom the debt is recovered and to put him in prison till Satisfaction be made to him that recovered And all these three last named Writs are to be sued out within a year and day after the Judgment obtained and not after without Scire facias And if they be sued out within the year they may be continued after the year till Execution Co. on Litt. 290. The Exigent is a Writ that lyeth where the Defendant in an Action personal cannot be found nor any thing within the County to be attached or distrained and is directed to the Sheriff to proclaim and call him five County days one after another charging him to appear under pain of Outlawry And if he be Outlawed then all his Goods and Chattels are forfeited And this mostly goeth forth before Judgment and in some cases after Judgment If it be before Judgment there must go before it three Writs of Capias ad Respondendum with a Non est inventus upon each of them returned But if it be after Judgment as it may on a Capias ad Computandum or Capias ad Satisfaciendum there it may issue out after the first Capias Termes del Ley. The Capias Utlagatum is a Writ of Execution or after Judgment which lyeth against him that is Outlawed upon any Suit directed to the Sheriff commanding him upon receit thereof to apprehend the party Outlawed for his contempt in not appearing upon the Exigent and to keep him in safe custody until c. and to bring him into the Court at the day of the return of the Writ where he is to remain without bail or mainprise Co. 12.103 There is also a special Writ in this case called a Capias Utlagatum inquiras de bonis et Catallis which is a Writ in a manner the same with the former but that it gives a farther power to the Sheriff over and besides the apprehension of his body to inquire of and seize upon his Goods and Chattels to the Kings use Old N. B. 154. The Capias pro fine is where a Judgment is given in a Case for a Plaintiff and it is in such a case where the Defendant is also to pay a Fine to the King the which being not paid to command the Sheriff to take and imprison him till he pay his Fine to the King Co. 3.1 2 3. The Extendi facias is that which is called the Writ of Extent whereby the value of Lands c. is commanded to be made and levied For to extend doth signifie in Law to value the Lands or Tenements of one bound by Statute c. who hath forfeited his Bond to such an indifferent rate as by the yearly Rent the Obligor may in time be paid his debt F.N.B. 131. And Extent doth sometimes signifie a Writ to the Sheriff for the valuing of Lands or Tenements and sometimes the Act of the Sheriff upon this Writ And if the Sheriff delay to execute the Writ of Extendi facias in the delivery of Lands Goods and Chattels of the Conusor to the Conusee that are apprised and taken into his hands upon the Extent he may be be forced to it by a Writ called a Liberate The Elegit is a Judicial Writ grounded upon the Statute and lyeth for him that hath recovered debt or damages in the Kings Court against one not able in his Goods to satisfie directed to the Sheriff to command him to make delivery of half the parties Lands and Tenements and all his Goods Oxen and Beasts for the Plough excepted Old Nat. Bre. 152. Reg. Orig. 129 299. The Scire Facias is a Judicial Writ most commonly to call a man to shew cause to the Court whence it is sent why Execution of a Judgment passed should not be made And this commonly is not granted before a year and a day be passed after the Judgment given In which cases for the most part Execution is not grantable until this Writ and the return thereof be had and past Vet. N. B. 151. And where a man shall be put to this To have Execution or not see 21 E. 3.22 Execution 53 55 69 89 97 143. Scire Facias 126. Execution 102 164 243. And here observe That Executions may be arrested and stayed by the Court wherein the Judgment is given By the Common Law for a debt for which a man had Judgement he could have had neither Body nor Lands in Execution in case of a common person but the Goods and Chattels and Profits of the Lands except in case of an heir chargeable by the deed of his Ancestor but the Law is now otherwise for at this day upon a Judgment given for debt or damages in the Courts of Record at Westminster generally the moyety of all the Land that the Defendant hath tempore redditionis judicii or at any time after and all the Goods and Chattels he hath tempore Executionis or the day of the Writ awarded shall be subject and lyable to the Executionâ— and all these may be taken in Execution by the Sheriff into whose hands soever they be come Dyer 306.34 Co. 3.12 34 H. 6.45 The Ca. sa did not lye at the Common Law against any man for debt but in case of the King until 25 E. 3.17 Vide Co. 3. in Sir William Herberts Case How the Sheriff and his Officers are to perform their Office in doing execution the following Observations will shew 1. If the Sheriff have a Writ of Execution delivered to him and a Writ of discharge or Supersedeas come to the Sheriff but he hath not notice of it In this case he may serve
Defendant avowing for damage Feasant the Plaintiff justifieth by reason of Common of Pasture Stat. Marlb cap. 21. The Sheriff may replevin Beasts not onely without but within a Liberty also if the Bayliff of the Liberty will not Stat. Westm 2. cap. 2. The Sheriff or Bayliff shall take Pledges of the Plaintiff not onely de prosequendo before they make deliverance of the Beasts but of returning the Beasts if a return be adjudged he that taketh pledge otherwise shall answer the price of the Beasts Upon a Return awarded to the Defendant the Writ de Returno habendo shall have this Clause That the Sheriff shall not deliver them without Writ wherein mention shall be made of the Judgement And thereupon the Plaintiff if he will may have a judicial Writ to the Sheriff to deliver him the Beasts Upon a Return awarded after which if a Return another time be awarded there shall be no more Replevins And if upon his default a second time or otherwise the Defendant be adjudged to have a New Return the Distress shall remain irreplegiable Stat. 1 2 Phil. Ma. cap. 12. Every Sheriff of a Shire being no City shall at his first County day or within two moneths after the receit of his Patent proclaim in the Shire Town four Deputies at the least dwelling not past Twelve miles one from another which in his name shall make Replevins as the Sheriff might do himself This is all thought fit at the present to be Added to make this Book Compleat wherein you not onely find the Choycest Presidents in their kinds but the Nature and Use of them according to the Common Law or as bounded by Statutes And withall given a short Touch upon Distresses and Replevins with the Statutes relating thereto FINIS The Table A INdenture of Annuity 1 118 159 450 571 Assignment of a Lease in trust 10 138 176 Atturney Letter of Atturney 33 144 147.199 200 Another 34 146 148 149 201 203 204 319 341 Award the form thereof 34 172 584 587 Assignment of two several Obligations 52 Assignment of two Apprentices c. 53 Assignment of a Lease of Partition c. 57 Assignment of a wharf-stocke c. with a general Release c. 61 Assignment of a Lease c. with an Execution 62 67 134 491 Assignment with a Proviso 96 Assignment of Lands taken upon extent 98 Apprentiship Indenture thereof 119 Assignment of a moyety of a house goods c. 136 Assignment of an Annuity 140 175 Apprentice discharge of him 144 Arbitrement condition of a bond thereof 153 160 Apprentice covenant for his truth 153 Annuity released 330. Atturney Letters of Atturney several kindes thereof 342 343 344 345 346 347 369 386 Assignment letter of Atturney of several bonds 381 Answer in Chancery beginning end thereof 425 Title of a Second answer c. 427 Affidavit that a Defendant cannot answer without sight of writings 429 Administrators account the form thereof 430 Answer in Chancery to a bill there-exhibit 431 Articles of agreement form thereof 439 454 561 Acquittance for purchase money 501 Attornment of tenants indorsing thereof ibid. Assignments of several Leases with good Covenants 536 Articles for buildings 557 Articles to Surrender Copyhold lands c. 565 Assignment of a bond for collaterall Security 570 Articles to hold Coyhold lands from year to years c. 574 Allotment of several parcels of Land an Indenture to that purpose 632 Atturney Letter of atturney Irrevocable with covenant c. 650 Another of another kind 651 Of a mans Estate in generall 652 Of severall Sums of money 653 Assignment of certain debts 654 B BIll of Sale 17 170 Bond assignment thereof 41 Bargayne and Sale of a Mannor with necessary Covenants 102 120 Bargayn and Sale of a house in London 130 Bill of Debt 163 489 654 Bill obligatory 164 Bargaine and Sale of houshold-stuffe and others 170 171 Bargaine and Sale of trees 208 Bargaine and Sale absolute of a house Land 214 607 609 Brewers Clarke a condition for him 225 Bargaine and Sale of woods 320 618 619 Burgess to serve in Parl. Indenture 357 Bills in Chancery Several formes thereof 420 433 Bill of Revivor 424 Bargaine and Sale deed to revoke it 442 Bargaine and Sale for collaterall Security 483 Bargaine and Sale upon Surrender of a Lease 511 Bargaine and Sale in trust 523 A plain Bargaine and Sale to be enrolled 556 Bargaine and Sale from the mortgages and mortgager to another before time of redemption 593 Bargaine and Sale conditionall to Feoffees in trust 599 Bargaine Sale of Swan and Swan-mark 617 C Condition to pay a Summe of Money at two payments c. 32 179 Condition to make Free an Apprentice 33 Condition to pay Money in 14 dayes c. 56 160 Condition to yay Money to Children at their several Ages according to a Will c. 59 60 Condition to pay Rent quarterly c. 87 158 188 192 332 549 Covenant to deliver possession or a deed 95 185 300 Contract of matrimony revoked 97 Charter-party for a ships voyage 100 395 Conveyance in Fee of a house and land c. 125 Copyhold Covenant to Surrender it 151 156 199 332 Covenant for further assurance 151 154 158 Covenant that he is lawfully seized c. 152 Covenant not to cut down or Sell trees c. 152 Condition of a Bond of Arbitrement 153 160 Condition to find one dyet by the year 155 Condition to save a tenant harmless for payment of rent the title being in controversy 155 547 Condition to discharge Churchwardens of a child c. 156 Condition for quiet enjoyment c. 157 187 188 327 Condition to Save harmless c. 161 183 190 193 196 197 198 Condition to pay money upon a nonsuit 162 Condition to perform Covenants 162 180 298 Condition to deliver Hay or Oats at a day 179 Condition to stand to an Award c. 180 Condition not to demise or alien without consent 181 Condition to justifie actions c. 182 Condition to pay money yearly c. 183 185 Condition to seal an Indenture by a day 184 Condition to assign a Lease c. by a day 186 302 Condition not to do any act to prejudice the estate of the Obligee in a Lease c. 187 Condition from a husband to secure childrens estates 189 Condition for an hired Servants truth 191 Condition to pay money at the end of an Apprentiship 194 Condition to repay money upon dislike c. 195 Condition to build a house or Farm ibid. 299 Conveyance of Land upon marriage 218 Condition that Land is free from incumbrances 224 Condition for a Brewers Clerk 225 Covenant to seal a new Lease and the Lessee in the interim to enjoy 236 Covenant to pay the Sheriff for an Arrest 238 Covenants between Partners at the dissolution of their Partnership 238 Conveyance from tenant in tayle to Baron and Feme and the heirs of the Baron for ever
and A. C. then Wife of the said M. by their Indenture of Lease being dated the c. for the considerations therein mentioned did demise grant and to Farm let unto the said T. E. his Executors Administrators and Assigns all that his Mansion-house with the Rights Members and Appurtenances thereof scituate lying and being in Arlescot in the Parish of N. in the County of N. and all that Close of Pasture commonly called or known by the name of the great Close containing by estimation forty Acres be it more or less and also all that Close of pasture commonly called or known by the name of the middle pasture containing by estimation forty Acres be it more or less and all that Close of Meadow c. all and singular which said Closes and other the premises then or late were in the Tenure or Occupation of the said M. his Assignee or Assignees and are scituate lying and being in Arlescot aforesaid in the said County of N. and also all other Messuages Houses Edifices Buildings Dove-houses Orchards Gardens Tenements Meadows Pastures Feedings Woods Under-woods Commons Waste-ground Moors Marshes Rents Reversions Services Profits Commodities and Hereditaments whatsoever of them the said M. C. and A. C. or either of them scituate lying and being in A. aforesaid and N. or either of them in the said County of N. to Have and to Hold the said Mansion-house Closes of Meadow Pasture and Arable and all and singular other premises with their and every of their appurtenances by the said Indenture of Lease demised or mentioned to be demised and every part and parcel thereof unto the said T. E. his Executors Administrators and Assigns from the Feast of c. then last past before the Date of the same Indenture of Lease unto the full end and term of c. from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term unto the said M. C. and A. his wife and to the Heirs and Assigns of the said M. one pepper-corn onely at the Feast of c. if the same shall be lawfully demanded as in and by the same Indenture of Lease amongst divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now this Indenture further witnesseth the said T. E. for and under the Proviso or Condition hereafter in these presents mentioned and expressed hath granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely grant bargain sell assign and set over unto the said T. C. his Heirs and Assigns all the Estate Right Title Interest Property Possession Term of years Claim and Demand whatsoever which he the said T. E. now hath may might should or in any wise ought to have or claim of in or to the said Mansion-house Closes of Land and other the premises with the appurtenances by the said Indenture of Lease demised and in and to every or any part or parcel thereof by force and vertue of the said recited Indenture of Lease Provided alwayes That if the said T. C. his Heirs Executors Administrators or Assigns or some of them shall not well and truly pay or cause to be paid unto the said T. E. his Executors Administrators or Assigns the sum of c. at or on c. without fraud c. That then this present Indenture and all and every Covenant Grant Article and Agreement therein contained shall be utterly void frustrate and of none effect any thing herein before specified to the contrary thereof in any wise notwithstanding In witness c. An Assignment of a Judgment with a Letter of Atturney therein asserted TO all Christian People to whom this present Writing shall come we I. H. Clerk Parson of c. and O. B. of c. Son and Executor of I. B. late of Gentleman deceased send greeting Whereas there is a Judgment of 400 l. depending in the Court commonly called the Kings Bench at Westminster against E. S. of F. Esq and R. S. of F. aforesaid Gentleman at the suit of me the said I. H. and of the said I. B. deceased as by the Record thereof remaining in the said Court of Kings Bench more at large may appear upon which Judgment there hath been Execution lately prosecuted and taken forth Now know ye That we the said I. H. and O. B. for divers just Causes and valuable Considerations us hereunto especially moving Have granted transferred assigned and set over and by these presents do clearly and absolutely grant transfer assign and set over unto Anthony H. of Lincolns Inn in the County of Middlesex Gentleman his Executors Administrators and Assigns as well the said Judgment of 400 l. aforesaid as also all the Benefit Commodity Sum and Sums of Money profit and advantages whatsoever that now is or hereafter shall be obtained or gotten by reason or means of the same Judgment or of any Execution or Extent thereof or thereupon to be had sued executed or obtained and all the Estate Right Title Interest and Demand whatsoever which we the said I. H. and O. B. or either of us have or ought to have or claim of in and to the said Judgment of 400 l. or any sum of Money Lands Tenements or other things which by vertue thereof or of any Execution Process or proceedings thereupon used shall be recovered obtained or gotten and further we the said I. H. and O. B. do by these presents make ordain constitute authorize and appoint the said A. H. to be our true and lawful Attorney for us and in our names or the names of either of us to sue and prosecute the Execution upon the said Judgment and upon satisfaction given or any other end Composition or Agreement made concerning the premises to 〈◊〉 knowledge satisfaction or to make and do any other Release and Discharge for the same and all and every other act or acts thing or things whatsoever as shall be requisite and needful to be done in and about the premises we covenant promise and grant allow ratifie establish and confirm by these presents And we the said I. S. and O. B. for us and either of us our Executors and Administrators do covenant promise and grant to and with the said A. H. his Executors Administrators and Assigns by these presents in manner and form following That is to say that neither the said I. B. in his life-time nor we the said I. H. and O. B. nor any of us have heretofore made done or committed any Release or other Discharge of the said Judgment or of any Extent or Execution which hath been thereupon sued or executed nor we the said I. H. and O. B. or either of us our Executors or Administrators at any time hereafter shall or will make commit or do any Release or other act or thing whatsoever whereby the said Judgment or any Extent or Execution which hath been thereupon sued or executed or
Escripts and Monuments before by these presents bargained and sold as also all the true Copies of all such other Deeds and Writings as do touch and concern the before bargained premises or any part thereof Together with any other Lands Tenements or Hereditaments not before mentioned The said Copies to be written at the Cost of the said D. his Heirs and Assigns An Assignment with a Proviso to have the Lease again upon payment of a sum of money THis Indenture made c. between G. B of c. of the one part and W. H. of c. of the other part Whereas one R. G. and his Wife by their Deed indented bearing date c. for the consideration in the said Deed indented expressed did demise grant and to farm-let unto the said G. B. all that the moyety and half-deal of the Mannor of D. with the appurtenances set lying and being in c. and the moyety and half-deal of all their Messuages Dove-houses Edifices Buildings Lands Tenements Rents Reversions Services Mills Meadows Leasows Pastures Woods Under-woods Commons Heaths Profits Commodities and Hereditaments to the said Mannor of c. belonging set lying and being within the Town Fields Parishes and Hamlets of C. N. D. within the said County of G. or accepted reputed or taken c. To have and to hold c. with divers Covenants Articles Agreements and Reservations in the said Indenture contained as by the said Indenture c. Now this Indenture witnesseth That the said G. B. for divers and sundry c. hath given granted alienated assigned and set over and by these presents doth c. as well the said moyety c. as also all the Estate Right Title Use Interest Possession Claim and Demand whatsoever of the said G. B. had and made as is aforesaid To have and to hold the said moyety and half-deal of the said Mannor of D. with the appurtenances and all the Estate Right Title Use Interest Clatm Possession and Demand whatsoever of the said G. B. c. Provided nevertheless and it is agreed between the said Parties to these presents That if the said G. B. his Heirs Executors or Assigns or any of them do at any time hereafter pay and deliver or cause to be paid and delivered unto the said W. H. his Executors or Assigns or any of them the sum of c. of lawful money of England at one entire payment at or in the Church-Porch of the Parish-Church of C. aforesaid within the said County of G. at or in the place where the said Parish-Church now standeth that then and from thenceforth as well this present Grant and Assignment and every Clause Article and Sentence herein contained to be utterly void frustrate and of one effect as also that then and from thenceforth the said moyety of the said Mannor of D. and al other the premises whatsoever with their appurtenances and every part and parcel thereof by these presents assigned and set over unto the said W. H. shall come and be to the said G. B. his Executors and Assigns for and during all the number of years that shall at the time of the payment to be had and made in manner and form aforesaid be then to come and unexpired of the said term of c. years granted unto the said G. B. Executors and Assigns as is aforesaid as though this present Indenture of assignment of the premises had not been had or made In witness c. A revoking of a pretended Contract of Matrimony LEt all Men know and take notice by these presents That we F. D. of S. and J. H. of c. being desirous to have matters cleared between us concerning such proceedings as have been about treaty of Marriage between us and that we both notwithstanding any pretence of Contract between us may hereby declare and manifest to all people that there was no absolute Contract or Engagement between us at any time for Marriage of each other but that we are free one from the other in that kind and may each of us freely marry with others We do therefore freely and without any compulsion declare manifest and make known unto all people that we the said F. D. and J. H. were never absolutely contracted together in any Contract of Matrimony neither did we nor any of us profess or declare that we would marry each other unless c. our Friends c. we do therefore hold our selves no wayes to be tyed or obliged each to other in any manner of Contract of Matrimony or for Marriage each of other and therefore we do hereby freely and absolutely release and discharge each other of and from all manner of Contracts of or for marriage heretofore had or pretended to be had or made between us and we do hereby freely and fully release acquit and discharge each other of us and of and from all manner of Actions Suits or Claims prosecuted or which may be begun or prosecuted in any Court Ecclesiastical or Civil concerning the premises And in testimony of our free and full consent herein we the said F. D. and J. H. have hereunto subscribed our Names the day of c. An Assignment of Lands taken upon an Extent THis Indenture made the c. between T. H. of c. and W. W. of c. of the one Party and J. B. of c. of the other Party Whereas the said T. H. lately recovered by Judgment in His Majesties Court of Kings Bench the sum of c. against T. C. of B. c. and thereupon the said T. H. in Michaelmas Term last did take and sue forth Execution by Writ of Elegit directed to the then Sheriff of the said County of W. Whereupon by Inquisition and by the Jurors then and there sworn taken by the said Sheriff at the City of c. The day of c. Amongst other things it was found That the said T. C. at the time of the said Inquisition was possessed for and during the term of c. years then to come of and in one Messuage or Tenement and divers parcels of Land Meadow and Pasture to the said Messuage or Tenement belonging or appertaining in C. in the said Parish of c. as his proper Goods Which said term and interest of the said T. C. of or in the said Messuage or Tenement the Jury at the time of the said Inquisition did apprize and value at c. pounds which said term of years the said Sheriff the day of the same Inquisition did deliver to the said T. H. at the price and apprizance aforesaid To hold unto the said T. H. and his Assigns as his proper Goods and Chattels according to the form of the Statute in that behalf made and as parcel of the same debt and damages of the said T. H. recorded as aforesaid And the said Jurors also found That the said T. C was at the time of the said Inquisition seized in his Demeasn as of Fee of and in
Administrators or Assigns for the repairing and amending thereof And further that the said N. D. his Executors Administrators or Assigns or some of them shall and will within one moneth next ensuing every such admonition or warning left or given as aforesaid well and sufficiently repair and amend the same and shall also discharge and pay all Church-duties Scavengers-wages Watchings Wardings and all other Taxes Impositions Duties and Charges which shall or may at any time or times hereafter during the said term be charged or imposed upon him the said N. D. his Executors Administrators or Assigns for or by reason of the premises hereby demised or any part thereof And lastly the said R. R. for himself his Executors c. that he the said N. D. his Executors Administrators and Assigns and every of them for by and under the payment of the yearly Rent aforesaid above in and by these presents reserved and under the Covenants Grants Articles and Agreements in these presents contained shall and may for and during all the said term of c. by these presents granted lawfully peaceably and quietly have hold use occupy possess and enjoy the said Messuage or Tenement and all and singular other the premises with the appurtenances by these presents demised or mentioned to be demised and every part and parcel thereof without any manner of lawful let suit trouble disturbance or eviction of the said R. R. his Heirs or Assigns or of any other person or persons whatsoever by or through his means assent consent right title or procurement In witness whereof c. A Defeizance upon a Bond sued to a Judgment THis Indenture made the c. between W. R. of c. on the one part and J. P. and G. A. of c. on the other part Witnesseth That whereas the said J. and G. together with one E. A. of c. by one Obligation bearing date c. became joyntly and severally bounden unto the said W. R. in the sum of c. with condition thereupon made for the payment of c. as by the same Obligation and Condition thereof at large appeareth which said sum of c. or any part thereof or any thing in lieu of the same was not paid unto the said W. R. in the said Obligation named nor at any time before or sithence By means whereof the said Obligation became forfeited and whereas the said W. R. hath brought several Actions of Debt in the Kings Majesties Court of Common-Pleas at Westminster upon the said Obligation against the said J. P. and G. A. upon which said Actions several Judgments are had and obtained in the said Court yet nevertheless the said W. R. is contented and pleased and doth covenant that neither he the said W. R. his Executors Administrators or Assigns or any of them shall at any time before Not to take out execution until c. c. take out any Execution or Executions upon the said Judgments or either of them And further the said W. R. doth c. that if the said J. P. and A. G. or either of them c. do pay c. That then he the said W. R. his Executors or Administrators shall upon request made To acknowledge satisfaction on paâ—ment of the c. and at the Charges of the said J. P. and G. A. c. acknowledge satisfaction upon Record of and for the said several Judgments And shall also deliver unto them the said c. the said Obligation to be cancelled And the said J. P. and G. A. to be thereof and of the said several Judgments discharged In witness c. An Indenture of Partition where one had a greater share than the other for which a sum was paid c. THis Indenture made c. between J. H. c. on the one part and J. M. c. on the other part Witnesseth That the said J. H. and J. M. are and do now stand seized in their Demeasn as of Fee in Common and undivided of and in one Messuage or Tenement and one Yard-land thereunto belonging now or late in the Tenure of c. scituate c. It is now to the end a perpetual portion and division shall be had and made between the said Parties of and in the said c. and other the premises aforesaid covenanted concluded and agreed by and between the said Parties to these presents in manner and form following And first the said J. H. for himself c. that he the said J. M. his Heirs and Assigns shall from henceforth have hold and peaceably enjoy in severalty to him and to his Heirs for ever to his and their own proper use and behoof the one moyety or half-part of the said Messuage or Tenement and one Yard-land with the appurtenances that is to say c. And that he the said J. H. nor his Heirs shall from henceforth claim or demand any Right Title Use or Possession in or to the same or any part thereof but that the said J. H. and his Heirs and Assigns shall at all time and times hereafter from all Actions Rights Title and Demand thereof or thereunto be utterly excluded and for ever debarred by these presents And the said J. M. for himself c. that he the said J. H. his Heirs and Assigns shall from thenceforth have hold and peaceably enjoy in severalty to him the said J. H. his Heirs and Assigns for ever to his and their own proper use and behoof the other moyety or half-part of the said Messuage c. and that he the said J. M. nor his Heirs shall not from henceforth claim c. ut supra and in consideration of the said portions and forasmuch as the part and portion by these presents allotted and assigned to the said J. H. and his Heirs were at the ensealing hereof of more and greater value than the said part or portion before allotted and assigned to the said J. M. and his Heirs he the said J. H. hath at the ensealing and delivery of these presents well and truly paid to the said J. M. the sum of c. the receipt whereof the said J M. doth hereby acknowledge and thereof and of every part thereof doth acquit exonerate and for ever discharge the said J. H. c. by these presents In witness whereof c. A Grant of Rent reserved by Lease THis Indenture made the c. between W. B. of c. and A. P. of c. Witnesseth That whereas the said W. B. by his Indenture of Lease bearing date the c. reciting the Lease as in and by the same recited Indenture of Lease c. Now this Inderture further witnesseth That the said W. B. for and in consideration of a certain competent sum of c. Hath demised granted bargained and to farm-letten and by these presents doth demise grant and to farm-let unto the said A. B. the reversion and râ—mainder of the said Shop Ware-house Chambers and other the premises by
said G. H. now hath full power true title and absolute authority to demise grant c. the said c. and all and singular other the premises with the appurtenances before demised and every part and parcel thereof unto the said J. P. his Executors Administrators and Assigns for the term of c. in manner and form as in and by these presents is mentioned limited and expressed A Covenant that the Lessee shall not cut down or fell the Trees without the consent of the Lessor ANd the said T. H. for himself c. that he the said T. H. his c. or any of them shall not at any time hereafter during the said term commit or cause procure or wittingly suffer to be committed or done any manner of wilful waste or destruction in or upon the premises or any part thereof nor shall cut down fell take or carry away any of the Woods Under-woods or Trees growing standing or being or which hereafter shall grow stand or be in or upon the premises before demised or in or upon any part or parcel thereof without the licence consent or agreement of the above-named U. B. his Heirs or Assigns in writing first had and obtained A Condition of Arbitrement general and special THe Condition c. That if the within-bounden R. C. and R. A. their c. and every of them do and shall for their and every of their parts and behalfs in all things well and truly stand to abide obey observe perform fulfil and keep the award arbitrement order rule determination and judgment of c. Arbitrators indifferently chosen elected and named as well on the part and behalf of the said R. C. R. A. as on the part and behalf of the within-named R. S. and c. to arbitrate award rule decree and judge of for upon touching or concerning all Actions Suits Doubts and variances concerning c. out of the Mannor of L. in the Parish of W. in the County of c. now in question and controversie between the said Parties and also for touching and concerning all and all manner of other Suits Quarrels Debts Debates Duties Bonds Specialties Controversies Transgressions Offences Strifes Contentions Reckonings Accounts and Demands whatsoever which between the said R. C. and R. A. on the one part and the said J. G. the elder and the said J. S. the younger and divers other persons on the other part at any time from the beginning of the World until the day of the date of these presents have been had moved stirred or are in any wise depending so alwayes as the same award arbitrement or determination and judgment of the Parties in and upon the same premises be made and given up in writing indented under their Hands and Seals ready to be delivered to the said Parties at or in c. on or before c. That then this c. A Condition for the truth of an Apprentice and to restore the value of all such Goods as by proof shall appear be hath imbeazled THe Condition c. That whereas J. D. c. Son of c. by his Indenture of Apprentiship to the within-named W. G. hath bound himself to the said W. G. with him to dwell and abide from the Feast of c. unto c. from thence next ensuing fully to be compleat and ended as in and by the said c. more fully may appear If therefore the said J. D. the Apprentice do or shall at any time or times hereafter during the said term of c. wilfully waste imbeazle consume spend or make away or otherwise deliver or lend upon trust without ready money to any person or persons without the consent of the said W. G. his Master and of the Goods Wares Monies or Merchandize of the said W. G. his Executors or Assigns Then if the above bounden L. M. his Executors or Assigns or any of them do and shall within two Moneths next after request made and notice thereof given from time to time during the said term well and truly pay or cause to be paid to the said W. G. his Executors or Assigns the full sum and value of all such Goods Wares Money or Merchandize as by the just and true proofs shall appear the said J. D. to have spent imbeazled wasted consumed or lent without consent as aforesaid to the hâ—rt and hinderance of the said W. G. his Executors or Assigns without fraud or coven That then c. A Condition to acknowledge satisfaction upon a Judgment THe Condition c. That if the within-bounden J. P. his Executors Administrators or Assigns or any of them do or shall before the end of Easter Term now next coming after the 〈◊〉 within written by himself or by his or their lawful Attorneys in the Kings Majesties Court of Common-Pleas confess and acknowledge satisfaction of all such Judgments and Executions as the said J. P. hath recovered in the said Court against W. L. of c. Gentleman That then c. A Condition to make assurance upon request THe Condition c. That if the within-bounden H. S. or his Assigns shall and will at all times hereafter upon reasonable request and at the Costs and Charges of the within named J. F. his Heirs and Assigns by such lawful act and acts thing and things conveyances and assurances in the Law whatsoever as by the said J. F. his Heits or Assigns or his or their Council learned in the Law shall be reasonably devised or required lawfully and sufficiently give grant convey and assure unto the said J. F. his Heirs and Assigns for ever all that c. in the Town and Parish of I. in the County of D. now in the Tenure of c. clearly acquitted and discharged or otherwise sufficiently saved and kept harmless of and from all and all manner of former Bargains Sales Charges Titles Troubles and Incumbrances whatsoever had made committed or done by the said S. H. or by any other person or persons whatsoever That then c. A Condition to find one his Dyet by the year THe Condition c. that if the within-bounden T. W. his Executors or Assigns do and shall at his and their own proper Costs and Charges find provide and allow unto J. B. or any servant of the within-named I. B. in his stead and place good wholesome and sufficient Dyet and Victuals of Meat and Drink meet and convenient and in such sort as is now by the above-bounden T. W. allowed for the time and space of one whole year from the Feast of the Nativity of c. next ensuing c. at or in the now c. And if at any time the said I. B. or such said Servant of the said I. B. so to be dyeted for the time being shall absent himself from his said Commons by the space of six weeks or more together at any time or times during the said term If then and so often as he shall be absent the said
stand and abide in full force and vertue In witness c. A Defeazance upon a Judgment THis Indenture made c. between A. B. of c. and W. C. of c. witnesseth That whereas the said A. B. hath in Trinity term last recovered against W. C. the sum of c. besides Costs of Suit in his Majesties Court of Common-Pleas at Westminster and thereupon had Judgment against the said W. C. as by the Record thereof remaining in his Majesties said Court more at large it doth and may appear Nevertheless the said A. B. is contented and pleased and doth covenant and grant by these presents for him his Heirs Executors and Administrators to and with the said W. C. his Heirs Executors and Administrators That if the said W. C. his Heirs Executors Administrators or Assigns do and shall well and truly pay or cause to be paid to the said A. B. his Executors or Assigns the full sum of c. at or in the c. That then and in the mean time he the said A. B. his Executors Administrators or Assigns shall not take out any Execution against the said W. C. his Goods Chattels Lands or Tenements And that upon payment of the said sum of c. at the day and place above-named for payment the said A. B. his c. at the request costs and charges in the Law of the said W. C. his Executors Administrators or Assigns shall and will acknowledge satisfaction upon Record of and for the said Judgment so as he the said W. C. do make unto the said A. B. his Executors and Administrators good lawful and sufficient releases of Errors and of all Mis-prisions Desaults and Imperfections had committed omitted or perpetrated in or about the said Judgment or Recovery or any Entries Pleas Pleadings Process Proceedings or other matter touching or concerning the same In witness c. A Defeazance upon a Mortgage of Lands formerly forfeited THis Indenture made the c. between R. T. of c. on the one part and E. F. of c. of the other part witnesseth That whereas the said E. F. by his Indenture bearing date c. for the considerations therein mentioned did give grant bargain sell and confirm unto the said R. T. his Heirs and Assigns all that the Mannor of c. with the right members and appurtenances thereof in the County of c. and also divers other Lands Tenements and Hereditaments in the same Indenture specified in which said Indenture there is contained a Condition or Proviso to this effect following That is to say That if the said E. F. his Heirs Executors or Assigns or any of them do truly pay or cause to be paid unto the said R. T. his Executors Administrators or Assigns the full sum of c. at or in c. that then and from thenceforth from and after such full payment had and made in manner aforesaid the said recited Indenture and every the Covenants Grants Articles and Agreements therein contained shall be utterly void and of none effect as by the said Indenture amongst divers Covenants Grants Articles and Agreements therein contained may more at large appear Which said sum of c. was not paid at the day and place of payment before limited for the payment thereof according to the tenour of the said Proviso or Condition By reason whereof the said Mannor Lands and other the premises in the said Indenture mentioned are absolutely vested and sealed in the said R. T. yet nevertheless the said R. T. is contented and pleased and doth covenant and grant to and with c. that if the said E. F. his Heirs Executors Administrators c. or any of them do well and truly content and pay or cause to be paid unto the said R. T. his Executors Administrators or Assigns the full sum of c. on the c. at or c. That then upon the said payment of the said sum of c. in manner and form aforesaid and from thenceforth the said recited Indenture of Bargain and Sale made of the said Mannor and other premises shall be utterly void and of none effect the breach made in non-payment of the said sum of c. in the Proviso of the said Indenture mentioned or any other grant or thing therein contained to the contrary thereof in any wise notwithstanding And that also upon full payment of the said sum of c. that at any time or times after within the space of seven years then next following He the said R. T. his Heirs and Assigns shall and will at the reasonable request costs and charges in the Law of the said E. F. his Heirs and Assigns grant convey and assure unto the said E. F. for ever the said Mannor of c. with the appurtenances and all and singular other the premises in and by the said recited Indenture granted as aforesaid in such manner and form as by the said E. F. his Heirs or Assigns or his or their Council learned in the Law shall be reasonably devised or required so as in the said conveyance and assurance so to be made by the said R. T. his Heirs and Assigns there be no further or other warranty than only against him and his Heirs And so as also the said R. T. his Heirs or Assigns be not compelled to travel further than the Cities of London or Westminster for the doing and executing of the same assurance And also that he the said R. T. his Heirs Executors or Assigns shall and will deliver or cause to be delivered unto the said E. F. his Heirs or Assigns within six Moneths next after such payment made all and every the Deeds Evidences and Writings which the said R. T. hath touching or concerning the premises safe whole uncancelled and undefaced In witness c. A Bill of Sale with a Proviso That if the Money with allowance be paid by a day then to be void BE it known unto all men by these presents That I A. B. of c. for and in consideration of the sum of 10 l. to me in hand paid at the ensealing and delivery of these presents by C. D. of c. Have bargained and sold and in plain and open Market according to the Custom of the City of London Have delivered unto the said C. D. these several parcels hereafter mentioned viz. c. To have and to hold the said several parcels and every of them bargained and sold as aforesaid unto the said C. D. his Executors Administrators and Assigns to the only proper use and behoof of the said C. D. his Executors Administrators and Assigns for ever Provided alwayes that if I the said A. B. my Executors Administrators or Assigns do well and truly content and pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns the full fum of 10 l. 10 s. of c. on c. next ensuing the date hereof at or in the c. that then
of England on the c. next ensuing the date within-written at or in c. That then this present Surrender to be void and of none effect or else to stand and abide in full force and virtue An Assignment of a Judgment TO all c. A. C. of c. sendeth greeting Whereas T. W. of c. and H. F. of c. by their Obligation bearing date c. in the tenth year of the Reign of our Soveraign Lord CHARLES c. are and stand joyntly and severally bound unto the said A. C. in the sum of c. with condition of payment of c. on the c. then next following at c. as by the same Obligation may appear which sum of c. was not paid at the day and place before expressed for the payment thereof whereby the said Obligation became forfeited sithence which time the said A. C. hath commenced her Action of Debt upon the said recited Obligation in His Majesties Court of Kings Bench at Westminster and hath thereupon recovered and obtained a Judgment of 200 l. and 25 s. costs of Suit against the said T. W. in Hillary Term last past before the date of these presents Now know all men by these presents That she the said A. C. for divers good Causes and Considerations her thereunto moving hath constituted and appointed her well-beloved Friend T. K. of c. her true and lawful Attorney for her and in her Name to demand ask levy recover receive and take of the said T. W. his Heirs Executors Administrators and Assigns the said sum of 200 l. and 25 s. costs of Suits and for default of payment thereof or of any part thereof to sue forth one or more Writ or Writs of Execution or other lawful Process whatsoever and further do and use all other lawful wayes and means for the recovery thereof as by the said Attorney or his Council learned in the Law shall be reasonably devised advised or required and the said sum and sums of Money so to be had and received upon the said Judgment or upon any Execution thereon to be prosecuted and taken out to detain and keep to the onely use and behoof the said T. K. his Executors Administrators and Assigns without any accompt thereof or therefore to be rendred to her the said A. C. and the said A. C. doth hereby covenant promise grant and agree to and with the said T. K. her said Attorney that at the ensealing and delivery of these presents the said Judgment is and remaineth unpaid and unsatisfied and that she the said A. nor her Executors Administrators or Assigns nor any of them shall or will at any time hereafter release discharge or otherwise do or suffer to be done any act or thing whatsoever to discharge or impeach the validity of the said Judgments without the consent and agreement of the said T. K. in writing under his Hand and Seal first had and obtained Nor shall revoke or countermand the authority and power to him by these presents given and granted she the said A. C. hereby ratifying and approving all and every lawful act and acts and other proceedings whatsoever which her said Attorney shall prosecute commence or sue forth for upon or by reason of the said Judgment so alwayes that he the said T. K. do and shall at all times hereafter and from time to time pay and bear all such sum and sums of Money Costs and Charges of Suit as the said A. C. or her Executors Administrators or Assignâ— shall be compelled to disburse for or concerning the premises and do and shall also save defend and keep harmless and indemnified her the said A. C. her Executors and Administrators and her and their Lands Tenements Goods Chattels and Hereditaments whatsoever of and from all and all manner of Costs Charges Suits Troubles and Detriments whatsoever that shall or may happen or come against her the said A. C. her Executors and Administrators for or by reason of the said Judgment or any execution thereof had or taken In witness c. An Assignment of an Annuity TO all Christian people c. T. D. of c. sendeth greeting c. Whereas T. D. of c. late Uncle of the said T. D. party to these presents in and by one Indenture bearing date the c. and in the c. made between the said T. D. Uncle to the c. of the one part and B. E. and G. C. of c. of the other part purporting certain uses as in the same Indenture is limited and expressed Did give and grant unto the said T. D. party to these presents one annuity or yearly payment of 10 l. of c. per annum for and during the natural life of the said T. D. party to these presents to begin to be paid yearly to the said T. D. party to these presents from and after the decease of A. D. late wise of the said T. D. the Uncle as by the said Indenture among divers other things therein contained more at large appears Now know ye That the said T. D. party to these presents for and in consideration of the sum of c. to him in hand at and before the ensealing and delivery of these presents by W. P. of c. well and truly paid whereof and wherewith the said T. D. party to these presents acknowledgeth himself fully satisfied contented and paid by these presents and for divers other c. Hath given granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely give grant bargain sell assign and set over unto the said W. P. his Executors Administrators and Assigns as well the said annuity or yearly payment of c. as also the Estate Right Title Interest Property Claim and Demand which the said T. D. party to these presents hath or may can might should or ought to have of in or to the same by force and vertue of the said Indenture of uses or any thing therein contained or otherwise And the said T. D. party to these presents for him his Executors and Administrators doth covenant promise and grant to and with the said W. P. his Executors Administrators and Assigns by these presents in manner and form following That is to say that he the said T. D. party to these presents now hath lawful authority to give grant bargain and sell the said annuity in manner and form aforesaid And that heretofore neither he nor any other by his appointment or with his consent hath made any former bargain sale gift grant assignment surrender extinguishment charge or incumbrance of the said annuity or yearly payment of c. or of any part thereof Nor that he the said T. D. party to these presents nor any other by or from him or with his consent have or hath done nor hereafter at any time shall do commit or suffer to be done any act deed or thing whatsoever whereby the said W.
and vouch over to warranty the said H. E. and the same E. by himself or his Attorney sufficiently authorized by Law for the same shall vouch over to warranty the common Vouchee and thereupon imparl and after the same imparlance in the same Term shall make default and depart in contempt of the Court to the intent a perfect recovery and judgment in the said Court may be had against the said H. E. of the said Mannor and Lands and all other the premises according to the course of common Recoveries in such cases used and further that the said Recovery and Execution thereupon so as aforesaid to be had and pursued by the said A. B. and C. D. shall be to the only use and behoof of the said W. G. and of his Heirs and Assigns and to no other use intent or purpose whatsoever A Covenant for Incumbrances In witness c. A Revocation of a Protection during the Parliament-time VVHereas I the Right Honourable J. Earl of R. granted a Protection under my Hand and Seal unto C. R. Esq bearing date on or about the c. last past to endure for the time of this present Parliament Now these presents witness That for divers good Causes and Considerations me moving I do hereby revoke disannul and make void the said Protection to all intents and purposes whatsoever so as the said C. R. shall not from henceforth have any benefit priviledge or advantage thereby but be therefore and therefrom utterly debarred and excluded for ever by these presents In witness c. A Bargain and Sale of Trees THis Indenture made c. between A. B. of c and T. H. of c. of the one part and G. F. of c. of the other part witnesseth That the said A. B. and T. H. for and in consideration of c. to them in Hand paid before the sealing and delivery of these presents the receipt thereof c. have bargained and sold unto the said T. F. one hundred Trees of Oak to be taken and chosen by the said T. F. his Executors or Assigns within amongst and out of the Woods and Trees standing and growing within the Park of S. in the County of c. or in or upon the Banks or Bounds of the said Park all such Trees as now are already felled and marked alwayes excepted out to this present Bargain and Sale And the said A. B. and T. H. do c. to and with c. That it shall and may be lawful to and for the said T. F. his Executors and Assigns at seasonable times in the year at his and their free liberty wills and pleasures before the Feast of c. to fell cut down take and carry away the said Trees before by these presents bargained and sold and every of them so that the said G. P. his Executors and Assigns at his and their or any of their proper costs and charges do from time to time make up and repair all such breaches and hurts as he or they shall commit or do or cause to be committed or done in any of the Hedges Pales or Ditches of or belonging to the said Park or any the Grounds thereunto belonging or adjoyning for or by reason of the felling cutting down carting or carrying away of the said Trees or any of them and so that all the said Trees and every of them before bargained and sold be carried and rid off from and out of the said Park and bounds thereof before the said Feast of c. And the said A B. and T. H. all the said Trees before bargained and sold to the said T. F. in manner and form as aforesaid against all men at all times shall warrant and for ever defend And it is further agreed and declared between the said Parties That all such and so many of the said Trees before mentioned bargained and sold as shall remain and not be carried away out of the said Park and bounds thereof before the said term of c. shall from thenceforth remain and be to the only use of the said A. B. and T. H. their Executors and Assigns any thing before mentioned to the contrary in any wise notwithstanding In witness c. An Indenture of Lease of a House and Lands in the Country THis Indenture made c. between A. B. of c. of the one party and C. D. of c. of the other party witnesseth That the said A. B. for and in consideration of the Rents and Covenants hereafter in and by these presents reserved and contained which on the part and behalf of the said C. D. are and ought to be paid done performed fulfilled and kept Hath demised granted betaken and to farm-letten and by these presents doth demise grant betake and to farm-let unto the said C. D. all that Messuage or Tenement c. And also that Close of Meadow-ground called c. and all that c. which said premises now are in the Tenure or Occupation of the said C. D. or his Assigns situate lying and being in the said Parish of c. Except and alwayes reserved out of this present Demise and Grant all Trees Woods and Underwoods now standing growing or being or which hereafter shall stand grow or be in or upon the same premises and free liberty of ingress egress regress way and passage to and for the said A. B. his Heirs and Assigns and his and their Workmen and Servants at any seasonable time or times in the year to come in and upon the demised premises and every or any part thereof to fell cut down lop and top the same Trees and every or any of them And the same Trees lop and tops with Carts and Carriages to take load bear and drive away at his and their wills and pleasures To have and to hold the said Messuage or Tenement Close of Meadow and c. and all and singular other the before mentioned premises to be demised with the appurtenances except before excepted unto the said C. D. his c. from the Feast of Saint Michael the Archangel last past before the date of these presents for and during and unto the full end and term of twenty and one years from thence next ensuing fully to be compleat and ended Yielding and paying therefore yearly and every year during the said term of one and twenty years to the said A. B. his c. at or in c. the yearly Rent or sum of c. at two of the most usual Feasts or Terms of payment in the year that is to say the Feast of c. by even and equal portions And the said C. D. for himself his c. that the said C. D. his c. or some of them shall and will well and truly pay or cause to be paid unto the said A. B. his c. at or in c. the said yearly Rent of c. during the said term of c. on the Feast aforesaid or within fifteen
witness c. A Deed of Gift of Goods of Warranty TO all c. I A. B. c. send greeting Know ye That I the said A. B. being of a good and perfect mind and without fraud or deceit for divers good Causes and Considerations me hereunto moving have given granted and confirmed and by these presents do give grant and confirm unto c. All and singular my Goods Chattels Implements Debts Bills Bonds Specialties Necessaries Sums of Money and other things whatsoever as well moveable as immoveable of what nature kind or quality soever they be and in whose Hands Custody Possession Governance or Keeping or whatsoever place or places they be or may be found as well on this side as beyond the Seas To have and to hold levy perceive use receive and enjoy all and singular the said Goods Chattels Implements Credits Debts Specialties Sums of Money and all other the premises with all and singular their appurtenances unto the said C. D. his c. to the only proper use and behoof of the said C. D. his c. for ever Freely peaceably and quietly without any manner of reclaim challenge or contradiction of me the said A. B. my c. or of any other person or persons by any means title or procurement in any manner or wise and without any account reckoning or answer therefore to me or any in my name to be given rendred or done in time to come So that neither I the said A. B. my c. nor any other person or persons by us for us or in our names or in the name or names of us or any of us at any time or times hereafter may ask claim challenge or demand in or to the premises or any part thereof any interest right title ose or possession but from all action of right title claim interest use possession and demand thereof we and every of us to be utterly excluded and for ever debarred by these presents And I the said A. B. my c. all the said Goods Chattels and other things above mentioned with their appurtenances unto the said C. D. his c. to the use above said against all people will warrant and defend by these presents of which said Goods Chattels and other things I the said A. B. have put the said C. D. in peaceable possession by the delivery of Six pence which I have paid and delivered to the said C. D. the day of â—â—e date hereof In witness c. Nota. If a Deed of Gift be made of Money owing to the Donor let there be a Letter of Attorney comprehended therein If the Deed be made of good Chattels in consideration of a Debt let there be a Covenant in the same Deed that the Donor shall permit the Donee to come into the House or any other place where the Goods be quietly and peaceably to receive and carry away the same to the use of the Donee If that there be an Inventory of parcels annexed to the Deed let there be a Covenant in the Deed that the same Goods and Chattels shall not be wasted and that they are free from any former Gifts or Incumbrances at the ensealing by a penny fixed in the Seal or some part of the said Goods But assurance for Debt of Goods and Chattels is best to be done by Bargain and Sale indented with an Inventory A Covenant that the Lessor shall seal a new Lease and in the interim the Lessee to enjoy though the old Lease be surrendred TO all c. I B. H. send greeting Whereas J. M. at the request of me the said B H. and for the consideration hereafter specified hath granted and surrendred by his writing beating date with these presents one Indenture of Lease bearing date the c. and all the right interest and term of years which he the said J. M. now hath or of right ought to have of in and to c. in the said Indenture of Lease specified by me the said B. H. unto him the said J. M. demised for the term of c. and for the Rent of c. payable quarterly Now know ye That I the said B. H. for me my Executors and Administrators do covenant and grant to and with the said J. M. his c. and to and with every of them by these presents that I the said B. H. my c. in consideration of the said Surrender of the said Lease and premises and for other good Considerations me moving shall and will at the Costs and Charges of me the said B. H. my c. at or before c. make seal and in due form of Law deliver unto the said J. M. his c. one other good and sufficient new Lease of the said c. for the remainder of the said term of c. then to come for and upon such Rent Covenants and Conditions as are specified and contained in the Lease above receited made by me the said B. H. unto the said J. M. And that the said J. M. his c. shall and may in the mean time until the said new Lease of the premises shall be by me unto him so made sealed and delivered as is aforesaid peaceably and quietly have hold and enjoy the said Messuage or Tenement Shop and Premises with the appurtenances and every part and parcel thereof without any let trouble or contradiction of me the said B. H. my c. or any other person or persons claiming or which shall or may claim any Estate or Interest in or to the premises or any part thereof by from or under us or any of us in as large and ample manner and sort to all intents and purposes as if the same Indenture of Lease had been in full force and still remaining in the Hands of him the said J. M. In witness c. A Covenant not to commence any Action or Suit against a Surety that stands bound TO all c. Whereas J. M. and F. F. of c. by their Obligation dated c. are and stand bound unto me the said J. in the sum of c. conditioned for payment of c. at a day long sithence past as by the same Obligation and Condition thereof more plainly appeareth which said sum of c. or any part thereof was not paid according to the Condition of the said Obligation whereby the said Obligation became forfeited And whereas the said J. in Easter Term in the year c. in the Court c. obtained judgment of c. together with c. Costs against the said c. as by the Records of the said Court more plainly may appear Now know ye That I the said c. for divers good Causes and Considerations me especially moving am pleased and contented and for me my c. do covenant promise and grant to and with the said their c. That neither I the said c. my c. nor any of us nor any other person or persons whatsoever
warranty the common Vouchee who shall appear in person at the Bar of the said Court of Common-Pleas and after declaration against him shall make defence and enter into the warranty and afterwards make default whereupon several judgments shall or may be had that so a good and perfect common recovery with double voucher according to the course of common recoveries in the said Court of Common-Pleas used may be had and executed of the premises And this Indenture further witnesseth and it is the true intent and meaning of these presents and of all the parties to the same that the said recovery so or in any other manner to be had or executed and the whole execution of the fine and recovery of the said Capital Messuages and Premises to be had or executed as aforesaid shall be and enure and shall be deemed adjudged construed and taken to be and enure to and for the only proper use and behoof of the said T. S. and of his Heirs and Assigns for ever and to none other use intent or purpose whatsoever And the said John V. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said T. S. his Heirs and Assigns by these presents that saving and excepting the terms and estates herein after excepted he the said J. V. and Mary his wife at the time of the ensealing and delivery hereof are and so until the Fine aforesaid by them to be levied as aforesaid shall be fully executed as aforesaid shall be seized in the right of the said Mary of a good Estate of Free-hold for the life of the said Mary of and in the Capital Messuage Mansion-house and premises before mentioned to be setled and assured to or upon the said T. S. or his Heirs aforesaid and that the said J. V. and Mary his wife now have and until as aforesaid shall have full power good right and lawful authority to convey and assure the premises to the said T. S. and his Heirs for the life of the said Mary according to the true intent and meaning of these presents and also that the said Capital Messuage or Mansion-house and Premises before mentioned or intended to be hereby setled or assured as aforesaid and every part and parcel thereof with the appurtenances now be and are and so from time to time and at all times for ever shall or may be remain and continue unto the said T. S. his Heirs and Assigns according to the limitation aforesaid and according to the true intent and meaning of these presents clearly acquitted exonerated and discharged or otherwise by the said J. V. his Executors or Administrators well and sufficiently saved and kept harmless of and from all former and other Grants Leases Mortgages Estates Acts Titles Charges Troubles and Incumbrances whatsoever had made or done or to be had made done or committed by him the said John V. and Mary his wife or either of them except and foreprized one Lease of Indenture bearing date c. made and granted by the said John V. and Mary his wife and T. M. party to these presents of certain parts of the said Capital Messuage then c. for the term of one and thirty years from the Feast of the Birth of our Lord God then last past upon which is reserved the yearly rent of 30 l. and 10 s. and also excepted and foreprized such term and interest as Tho. A. hath in the other parts of the said Capital Messuage by vertue of a Lease heretofore made to Simon L. Mercer deceased for certain years yet to come under the yearly rent of 44 l. and 10 shillings which said several yearly rents from henceforth for and during the rest and residue to come of the respective terms before mentioned to grow due and payable it is concluded and agreed by and between the said Parties to these presents and every of them and declared to be their true intent and meaning shall continue and be due and payable and ought to be paid to the said T. S. his Heirs or Assigns and the said J. V. for himself his Heirs Executors and Administrators doth further covenant and grant to and with the said T. S. his Heirs and Assigns by these presents that he the said T. S. his Heirs and Assings shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly enter into have hold and enjoy all and singular the Capital Messuage Mansion-house and Premises before mentioned or intended to be hereby setled or assured and every part and parcel thereof with their and every of their rights members and appurtenances without any let interruption disturbance or incumbrance of or by them the said J. V. and Mary his wife or either of them or of or by any other person or persons lawfully claiming or to claim or having right or title from by or under them or either of them their or either of their act right title or estate except such as shall or may claim by or under the Leases before excepted or either of them and for the terms or interest in or by the same Leases granted only and also that he the said J. V. and Mary his wife and either of them shall and will from time to time upon the reasonable request and at the costs and charges in the Law of the said T. S. his Heirs and Assigns make do suffer execute and acknowledge all and every such further and other lawful and reasonable acts things and assurances in the Law containing or implying no further or more general warranty or acquittal than only against them the said J. V. and M. his wife and either of them for the better assuring and sure-making of the said Premises to the said T. S. his Heirs and Assigns as by him or them or by his or their Council learned in the Law shall be in that behalf reasonably devised advised or required and so as for the doing thereof neither the said J. V. or Mary be compelled to travel above Ten Miles from the place of his or her respective dwelling or abode at the time of such request to be made And the said T. M. party to these presents for himself his Heirs Executors and Administrators and every of them doth covenant and grant to and with the said T. S. his Heirs and Assigns by these presents that saving and excepting the terms and interests herein before excepted he the said T. M. at the time of the ensealing and delivery hereof is seized of a good perfect and absolute Estate of Inheritance in Fee-simple of and in the said Capital Messuage Mansion-house and Premises before mentioned or intended to be setled or assured and until c. shall be setled and assured to and on the said T. S. his Heirs and Assigns according to the limitation aforesaid and the true intent and meaning of these presents shall be seized of all and singular the same Capital Messuage Mansion-house
request of the said W. B. and by the appointment and with the atturnment of the said W. D. the elder have and either of them hath granted bargained sold aliened and confirmed and by c. to the said W. D. the Son and his Heirs all that Messuage Tenement c. and all Rents Reversions Remainders and Services of the said premises and all their and either of their Right Title Interest Challenge Claim and Demand whatsoever of in and to the same premises to have hold and enjoy the said c. unto the said W. D. the Son his Heirs and Assigns for ever to his and their own use for evermore to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the Rent and Services therefore due and of right accustomed and it is concluded and agreed by and between the said Parties that neither these presents nor any thing therein contained shall extend to be construed to extend to bind or charge the said R. R. and W. K. or either of them their or either of their Heirs touching the premises otherwise than against his and their own acts respectively In witness whereof c. Note That in respect of the Atturnment of Tenant the Estate of Inheritance passeth legally without Livery B. M. being seized of Lands jure uxoris she being a Co-heir purchaseth of J. B. to whom the Estates of the other Co-heirs is come all the Lands the Conveyance is by recovery concluded to be suffered by J. B. THis Indenture c. Between J. B. of c. Son and Heir of William Beaumont late of c. deceased and M. his Wife one of the Daughters and Co-heirs of D. S. Gent. deceased of the one part and B. M. of c. William H. J. H. of c. and Rich. C. of c. of the other part witnesseth That the said John Beaumont for and in consideration of the sum of 200 l. of c. to him by the said B. M. before c. whereof c. hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all that toft and eight acres of Land by estimation be they more or less called c. and also Common Pasture for six young Beasts and one House with the appurtenances in Wickware Heath all which premises are scituate c. and now are in the tenure holding or occupation of the said B. M. in the right of E. his Wife the Daughter of R. W. deceased for term of her life and which said premises late were the Inheritance of the said D. S. and by and after his death descended and came to his three Daughters viz. the said M. E. the Wife of R. C. and B. the Wife of J. M. the parts and portions of which E. C. and B. he the said W. B. purchased and dyed thereof seized And also the said J. B. for the Confiderations aforesaid hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all other the Messuages Lands Tenements and Hereditaments of him the said J. B. within the Parish of W. aforesaid and all Rents Reversions and Services of the premises and every part thereof as by such wayes and means as by him the said B. M. or his Council learned in the Law shall be in that behalf reasonably devised and required and this present Indenture further witnesseth That the said I. B. doth for himself his Heirs Executors and Administrators covenant promise and grant to and with the said B. M. his Executors and Administrators and Assigns by these presents that he the said I. B. shall and will before the end of Easter Term now next ensuing by Deed indented and enrolled in the High Court of Chancery bargain and sell to the said W. H. and I. H. and their Heirs all the said toft and premises To have and to hold to the said W. H. and I. H. and their Heirs during the natural life of the said I. B. to the intent and purpose to make them Tenants of the Free-hold of the premises and that a Writ of Entry sur disseisin en le post shall be brought and prosecuted by the same R. C. against the said W. H. and I. H. whereby he shall demand the said premises by some fit or apt names against them the said W.H. and I.H. who shall appear in person and vouch to warranty the said J. B. who shall likewise appear in person and vouch over to warranty the common Vouchee who shall likewise appear in person and enter into the warranty and afterwards make default and depart in contempt of the Court whereby several Judgments shall be had viz. for the said R. C. to recover the premises against the said W. H. and I. H. and for them to recover in value against the said I. B. and for the said I. B. to recover over in value against the said common Vouchee which said recovery so or in any other manner to be had and executed and all Fines Feoffments and other Assurances at any time hereafter to be had or executed of the premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only use and behoof of the said B. M. and of his Heirs and Assigns for ever and the said I. P. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said I. B. at the time of the ensealing and delivery thereof is and until the said premises shall be fully and perfectly conveyed and assured to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these presents shall be the true and lawful Owner of the said premises and every part thereof and of and in the same and every part thereof lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple in his own right and to the only use of him and his Heirs by good sure sufficient and absolute conveyance assurance and title in the Law indeseazible and also that he the said I. B. at the time of the ensealing and delivery hereof hath and until the said premises shall be assured as aforesaid shall have full power good right and lawful authority to bargain sell convey and assure the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these premises and also that the said premises and every part thereof now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue to the said B. M. his Heirs and Assigns clearly acquitted and discharged or otherwise by him the said I. B. his Heirs and Assigns well and sufficiently saved and kept harmless of and from all and all
persons except such Goods Chattels Money and Plate now in the possession and custody of the said T. T. of the said Testators which is or are to be administred as shall be thought good by the said R. B. And further if the said T. T. his Heirs or Executors do not discharge any debts of the said Testators without the consent of the said R. B. his Executors or Administrators nor any Action which the said R. B. or his Executors shall justly attempt and bring against any person or persons to or for the recovery of any of the Debts Goods and Chattels of the said Testator that then c. or else c. A Condition not to do any act as Executors without consent of his Co-Executor THe Condition c. That whereas one C. B. late of N. deceased by her Testament and last Will named ordained and constituted the within-bound M. B. and the within-named N. J. to be Executors of the same her Testament and last Will as by the same last Will and Testament among other things appeareth if therefore the said M. B. shall not at any time hereafter make or cause to be made any release acquittance or other discharge to any person or persons for or concerning any of the debts goods or chattels which were the said C. B. the day of her decease nor shall do or suffer or cause to be done or suffered any other act or acts thing or things in or about the Execution of the said Testament and last Will of the said C. without the consent assent and agreement of the said N. I. that then c. A Condition to procure one to seal an acquittance by a day and to save harmless THe Condition c. That whereas the within-named A. B. hath the day of the date within-written paid and delivered to the within-bound C. D. for and to the use of L. O. now Resident in France in the parts beyond the Seas the sum of c. if therefore the said C. D. his Executors or Administrators shall and do before the c. cause and procure the said J. O. to seal and deliver as his Deed to the use of the said A. B. his Executors and Administrators in the presence of two or three sufficient and credible witnesses a sufficient and lawful acquittance testifying the receipt of the said sum of c. and also if the said C. D. his Executors Administrators or Assigns do deliver or cause to be delivered to the said A. B. his Executors or Administrators at or in the c. the same acquittance sealed and delivered as aforesaid and certified under the hands of the same witnesses whole uncancelled and undesaced at or before c. and also do in the mean time save and keep harmless the said A. B. his Heirs Executors and Administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels and every part thereof against the said L. O. his Executors Administrators and Assigns and every of them of and for the same sum of c. and every part thereof and of and from all Actions Suits Costs Charges Damages and Demands for or concerning the same and every or any part thereof that then c. or else c. A Condition to acknowledge satisfaction of a Judgment THe Condition c. That whereas the within-bound A. B. in M. term now last past hath obtained against the within-named L. O. in the Court commonly called c. a Judgment in an action of debt as by the Records in the said Court remaining c. if therefore the said A. B. do in Easter Term now next ensuing at the costs and charges of the said L. O. cause satisfaction to be acknowledged and entred upon Record in full discharge of the same Judgement that then c. or else c. A Condition to procure two to seal Releases for Legacies and to save harmless THe Condition c. That whereas R. B. late Citizen and Haberdasher of London and Brother to the above bound W. B. in and by his last Will and Testament did give and bequeath unto W. B. and F. B. Sons of the aforesaid W. B. their Father 40 l. a piece Legacies to be paid as in and by the said last Will and Testament of the said R. more at large appeareth And whereas also the above-named M. H. the now husband of R. the late Widow and Executrix of the said R. B. before the ensealing hereof at the earnest request and desire of the said W. B. the Father hath paid unto the said W. to and for the use and behoof of the said W. and F. his Sons the said Legacies of 40 l. a piece in lawful English Money the receipt whereof the said W. B. the Father doth hereby acknowledg and confess If therefore the said W.B. the Father or above-bound T. D. and W.F. or any of them their or any of their Executors Administrators or Assigns within twenty eight dayes next after that the said W. and F. B. Sons of the said W.B. the Father shall severally attain their several ages of 21 years shall give and deliver unto M. H. his Executors Administrators or Assigns good lawful and sufficient Releases or Acquittances under the hands and seals of the said W. and F. the Sons of the said W. of and for the said Legacies of 40 l. or else do in the mean time and also at all times afterwards acquit and discharge or else save and keep harmless and indempnified the said M. H. his Executors and Administrators from and against the said W. and F. B. the Sons of and for the said Legacies and also of and from all actions sutes troubles costs charges and damages that shall be commenced prosecuted or any way happen to or against the said M. H. his Executors Administrators or Assigns for or concerning the said Legacies by the said W. and F. or either of them or any other person for by or under them or either of them that then c. or else c A Condition that a Woman shall release her Dower THe Condition c. That if L.O. of W. Widow late Wife of T.O. of c. do before the c. by her writing under her hand and seal remit release and quit-claim unto the within-named R.O. such estate right title interest claim and demand whatsoever which she the said L.O. hath may might should or of right ought to have in or to all or any part of the Lands Tenements and Hereditaments which were the inheritance of the said T. O. her Husband deceased or any part thereof for or by reason of her Dower or of any Joynture heretofore made or by reason of any other right title or means whatsoever at any time before the date hereof come grown or accrued And also if the said within bound A. B. his executors administrators or assigns do before the c. leave and deliver or cause to be left and delivered to and for
F. my c do not well and truly satisfie and pay or cause to be paid unto the said G B. his c. all such Sum or Sums of Money as shall be due to him upon the said last recited Obligation on or before the c. next ensuing the date hereof then the said E. F. do hereby give Warrant and authority unto you the said R. B. or any other of the Atturneys of the Court of the Kings Bench at Westminster to appear for me in the said Court of the Kings Bench at Westminster unto an Action or Sute there to be brought or commenced against me the said E. F. by the said G. B. his c. upon the said Obligation and to acknowledge and confess a Judgement upon the same Obligation in Michaelmass Term next ensuing the date hereof and this shall be your sufficient Warrant for the same In witnesse c. To T.S. and R.B. Attorneys in the Court of the Kings Bench at Westminster joyntly and severally and to any other Attorney of the said Court WHereas I A. B. of c. do stand bounden by Obligation bearing date the day of the date hereof unto C. D. c. in the Sum of c. conditioned for the payment of c. on the c. next ensuing c. as by the same c. Now I do hereby authorize the said Atturneys or either of them to appear for me and to receive a Declaration on the said Obligation and to plead Non siâ—m informatus to the same And I do agree That if the said c. be not paid according to the tenor of the Condition of the said c. then Judgment is to be entred then as now for the said c. And I do also hereby release unto the said C.D. all error and errors touching the said Judgment and proceeding thereupon to be had And I will not release or revoke the authority and power hereby given to my said Atturney In witnesse c. A Release of an Extent by an Administratrix REceived by me Grace H. Widow administratrix as well of the goods and chattels of William Blithe Gent. as of E. T. Spinster deceased the sum of c. of c. being the consideration-money which the said H.H. payeth to me for the vacuating and discharging of an Extent upon a Statute of c. heretofore acknowledged and entred into by J.D. Gent unto the said W.S. and also for the buying in and compounding of the said Extent by vertue 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 J. D. the said Statute and Extent or all manner of processe or proceeding whatsoever occasioned by reason of the said Extent In witnesse c. A Release of a Bond it being lost TO all Christian People c. I M. Longton of c. send greeting c. Whereas R.L. S.L. and T.W. by their Obligation bearing date recite the Bond as by the same Obligation appeareth and forasmuch as the said sum of c. together with all such sum and sums of money as are due for the interest and forbearance are and is well and truly satisfied and paid unto me the said M. L. in full discharge of the said recited Obligation which said Obligation is lost and cannot be found Now know all men by these presents That I the said M.L. have remised released and quit-claimed and do hereby for me my Executors and Administrators remise release and for ever quit-claim unto the said R.L. S L. and T.W. and every of them their and every of their Executors Administrators and Assigns and every of them as well the recited Obligation and all such Sums of money as are therein mentioned to be due and payable unto me the said M. L. my Executors Administrators or Assigns as also all and all manner of actions and sutes cause and causes of actions and suits accompts debts reckonings sum and sums of money judgements executions and demands whatsoever which I the said M.L. ever had now have or that I my Executors Administrators or Assigns or any of us in time to come can or may have to for or against the said R L. S. L. and T.W. or any of them their or any of their Executors Administrators or Assigns for or by reason of the said recited Obligation or any other matter cause or thing whatsoever concerning the premisses from the beginning of the world untill the day of the date hereof And I the said M.L. do for me my Executors Administrators or Assigns covenant promise and agree to and with the said R.L. S. L. and T.W. and every of them severally their and every of their several c. and to and with every of them by these presents That if I the said M.L. my Executors or Assigns or any of us at any time or times hereafter do find or can have or obtain the said recited Obligation being lost as aforesaid then I the said M. L. my Executors Administrators or Assigns or some of us shall and will within two moneths next after the said Obligation shall be found as aforesaid deliver and restore or cause to be delivered and restored the said Obligation unto the hands of them the said R.L. S.L. and T.W. or some or one of them their c. or some of them In witnesse c. A Release of all Legacies and demands given and bequeathed by ones last Will and Testament KNow all men by these presents That I E.T. of c. Widow have remised released and quit-claimed and by these presents do for me my Executors and Administrators remise release and for ever quit-claim unto I. B. Gent. and H. H. Citizen c. Executors c. and either of them their Executors Administrators and Assigns of and from all Legacies Gifts Bequests sum and sums of money and demands whatsoever beâ—ueathed and given unto me the said E. T. in and by the last Will and Testament of R. T. c. deceased and of and from all manner of actions and sutes cause or causes or actions and sutes sum and summes of money debts duties reckonings accompts and demands whatsoever which I the said I. T ever had now have or that I my executors or administrators can or may at any times hereafter have challenge or demand against the said I. B. and H. H. or either of them their and either of their executors administrators for or by reason of any matter cause or thing whatsoever from the beginning of the World untill the day of the date hereof In witness c. To I. K. of c. one of the Attorneys c. I A. B. do hereby desire you and do give you full power license and authority to appear for me and for c. in the said Court
as of this last M. Term in an action of debt for c at the sute of c. upon an Obligation conditioned for the payment of c. in which said Obligation I stand bound as principal And this shall be your sufficient Warrant in that behalf In witnesse c. A Warrant to acknowledge satisfaction WHereas there is one Judgement depending in the Court of Common-Pleas at Westminster of Trinity Term in the c. against I.F. of c. Esq for 500 l. debt besides the costs of Sute for Sir H.H. Knight as by the Records of the said Court more at large may appear These are therefore to authorize and give full power to you and either of you to acknowledge satisfaction upon the said Judgement and for your so doing this shall be your sufficient warrant irrevocable Witness c. To R. P. and R.S. or any other Atturney of the Court of Common Pleas at Westminster A Condition for the truth of a Merchants Apprentice and that he shall give just accounts or demands and pay what he shall fall short in THe Condition c. That whereas the within-named H.S. at the instance and request of the within-bound Sir S. A. hath accepted and taken T.A. Son of the said S A. to be the Apprentice of him the said H. S. for the term of c. to be commenced from the day of the within-written as in and by the said Indenture c. I therefore the said T.A. his executors and administrators do from time to time hereafter upon every reasonable request in that behalf to him or them to be made by the said H.S. his Executors Administrators Servants Factors or Assigns or any of them yield make and deliver up just and true accompt and accompts and duly discharge him and themselves unto the said H. S. his Executors Administrators or Assigns of for from and concerning all c. such Wares Goods Moneys Merchandizes Specialties Bills of Debt and other things which shall be committed or come to the hands charge possession or disposition of the said T. A. by reason or means of his said Service either in the parts beyond the Seas or on this side And in case it shall happen or fortune that he the said T. A. at any time or times during the said term to imbeazle steal purloin mispend or unlawfully to detain consume or make away any of the Moneys Wares Goods Merchandizes Commodities Specialties Bills of Debt and other things which do or shall belong or appertain to the said H. S. or any his partner or partners his or their or any of their Executors or Administrators or to any other person or persons wherewith he or they or any of them are or shall be in any wise charged or chargeable if then and so often the said Sir H.S. his Heirs Executors Administrators or Assigns or any of them from time to time hereafter alwayes within two moneths next after notice and knowledge in that behalf in writing to him them or any of them to be made or given by the said H.S. his Executors Administrators or Assignes do well and truly make or cause to be made unto the said H. S. his Executors Administrators or Assignes at or in c. sufficient recompence and satisfaction in good and lawfull c. for all such Goods Wares Moneys Merchandizes Specialties Bills of Debts and other things which upon any accompt or otherwise shall truly appear to be found to have been by the said T. A. so imbezelled stoln purloined mis-spent or unlawfully consumed detained or lost as aforesaid And further if the said T. A. do not at any time or times hereafter during the said Term unlawfully depart or absent himself out of or from the Service of the said H S. his Master without his licence and consent in that behalf first had and obtained nor to do at any time or times hereafter merchandize or trade for himself or undertake to do any business or businesses in the Trade or Merchandizing for any person or persons nor accept or pay any Bills of or give Bill or Credit for any person or persons unlesse it be by and with the like consent or licence of the said H. S. his Executors or Administrators in that behalf first had and obtained in writing that then c. A Lease of a Warren of Conies THis Indenture made c. between A. B of c. of the one part and C.D. of c. of the other part witnesseth That the said H. B. for c. hath demised granted and to farm-letten and by these presents doth c. unto the said C. D. his c. in the C. of K. and all the Conies in the said ground being with the encrease gains profit and advantage from time to time arising coming growing and renewing of the said Conies in the said ground being and to the same ground belonging there to hunt hey ferret and pitch Nets or otherwise to use for the most benefit and advantage of the said A.B. and his assigns that he can or may devise in large ample and beneficial manner and form as the said A.B. or any other person or persons heretofore have had held used occupied or enjoyed the same To have and to hold the said ground and game of Conies in the same being and to the same belonging with all the gain profits and advantages to the same belonging and renewing as aforesaid unto the said C.D. his executors and assigns from the c. yielding c. A Covenant on the Tenants part to do reparations on the Warren-house and on the fences ditches hedges and mounds And at the end c. to leave the Berry and Coney-clappers sufficiently covered with thorn and also the same ground and Berry of Conies sufficiently replenished and stored with Conies Covenants for enjoying c. A Licence to Hawk Hunt and Fish TO all Christian People c. I Dame O.S. c. send greeting Know ye That I the said O. Lady S. for divers good causes and considerations me hereunto especially moving have given and granted and by these presents do give and grant unto Sir T.L. of c. Knight and his assigns full free and absolute power liberty license and authority to hawk hunt fish and fowl from time to time and at all times hereafter at the will and pleasure of him the said Sir T. L. and his assigns for and during the natural life of me he said O. Lady S. in upon and within the Mannor or Lordship of M. Super S. in the said County and in and upon all the Lands â—nd grounds thereof and within the bounds and precincts limits â—nd circuits of the same in as full free ample and beneficial manner and form as I my self might or could do in all and every respect or degree whatsoever or howsoever and without any manner of let denial or contradiction or interruption of me the said O. Lady S. or of any other person or persons whatsoever in by
Covenant and be returned before it 5. If a Writ of Covenant be brought against the Tenant and a Writ of Entry against the Demandant then the Writ of Covenant must bear date and be returned before the Writ of Entry and this is called the double Voucher 6. That all Writs of Entry must be signed by the Kings Attorney before they be sealed and Fines to the King are to be paid upon them as upon Writs of Covenant The Warrant of Attorney by the Clerk of the Warrants and the Writ of Entry Summons and Seisin are to be returned and filed with the Custos Brevium and the Judgment to be entred by the Prothonorary 7. That in a Recovery with a double Voucher the fine must be sued first to make him Tenant to the Writ of Entry brought either by right or wrong for every Writ of Entry must be brought alwayes against him that is Tenant of the Freehold of the Land demanded at the time of the Writ brought he must be at least Tenant for life or a Disseisor of the Land whereof the Recovery is had for the Estate of the Tenant in tail which is vouched is barted in respect of the Assets onely which are or may be recovered in value end of execution sued by the Tenant against him Plow 11. Dyer 252. And if the Tenant have but an Estate for life or in Dower or by Curtesie in these cases to have a good Recovery such Tenant is â—o make a conditional Surrender of his Estate to him in Reversion or â—â—mainder that he may be a perfect Tenant to the Inheritance and then to bring a Writ of Entry against him and after the Recovery is executed the particular Tenant for breach of the Condition may enter and enjoy his Estate notwithstanding such Surrender A President for a Lease to make a Tenant to the Praecipe THis Indenture made c. Between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That whereas the said A. B. doth hold one Messuage c. in D. in the County of M. the immediate Reversion or Remainder whereof doth belong to the said C. D. and his heirs or to the heirs of his body lawfully begotten for ever Now the said A. B. for the making and perfecting of some assurance shortly to be made of the same Messuage c. by way of common Recovery Hath Granted and Surrendred and by these presents Doth Grant and Surrender unto the said C. D. and his heirs upon the condition herein after mentioned all that the said Messuage c. and all the estate right title and interest of the said A. B. therein To have and to hold to the said C.D. and his heirs upon condition That if the said C.D. do not pay or cause to be paid to the said A. B. the Sum of 1000 l. of lawful English money upon the first day of December next comeing after the date hereof That then and from thenceforth this Grant and Surrender shall be utterly void and it shall be lawfull for the said A. B. into the same Messuage c. to re-enter and the same to repossess and enjoy as in his former Estate In witness c. As to the Warrant of Attorney and Dedimus Poâ—estatem take this First That in the suffering of Recoveries the Tenants and Vouchees do most commonly appear in person But if they cannot or will not then they may make an Atturney And in that case there must be a Conusance for a Warrant of Atturney taken to authorize the Atturneys and a Dedimus Potestatem to some to take it in this manner Lond. ss Praec A. B. et C. uxor ejus quod juste c. redd D. E. Manerium de M. cum pertin c. quae clamâ—ee â—us et haered suam et in quae tidem A. B. non habent ingress nisi post disseâ—â—nam quam H. H. injuste et sine judicio secit praefat D infra 30 annâ—s jam ultim clapsos c. â—t dic c. Lond. ss A. B. et C. po lo. suo W. W. et R. R. Attornat suos conjunctim divisim versus D.E. de placito terrae Lond. ss M. M. Gen. quem A.B. et C. vocant ad warrant po lo. suo I. I. et L. L. Attornat suos conjunctim et divisim versus D. E. de placito terrae Lond. ss G. W. Gen. Quem M. M. voc inde ad warrant po lo. suo R. G. R. S. Attornat suos conjunctim divisim versus D. E. de placieo terrae Secondly That in these cases there must be two Atturneys at the least and to give them an authority joyntly and severally that if one of them dye before the Recovery be suffered the other may have power to do it And in the Counties Palatine it is usuall to put one Atturney and one of the Justices Clerks Thirdly When this is done the Recoveries may be suffered by the Atturneys without the personal appearance of the parties and such Recovery is good only it will require a longer time to perfect it for in this case there must go forth a Summoneas ad warran which must have Nine Returns ere it can be perfected Fourthly The Recovery thus suffered by the parties in person or by their Attorneys the same must be entred by one of the Clerks of the Court of Common Pleas upon the Rolls of the same Court there to remain upon Record The Forms of Recoveries suffered in the Common Pleas Court or elsewhere are well known to Clerks there Practising However I will give you one excellent President of a Recovery suffered in the Court of the Hustings at London and likewise the forms of Indentures to limit and declare the Uses of Recoveries A President of a Recovery suffered in the Hustings Court London with double Voucher PLacita terrae tent in Hustingo in Guyhald ' Lond ' die Lunae proxime post festum sancti Johannis ante Portam Latinam Anno Regni nostri Jacobi dei gratia Angl ' Scot ' Franc ' Hibern ' Regis Pidei Defensor c. viz. Angl ' Franc ' Hibern ' 18. et Scotiae 53. Ad hunc Hustingum ven hic in propria persona sua D.W. et protulit hic in Cur. brev dicti domini Regis nunc de Recto Paten Majori Vicecomiti London directâ— in haec verba scilicet Jacobus Dei gratia Angl ' Scot ' Franc ' et Hibern ' Rex Fidei Defensor c. Majori et Vice-Com Lond. salutem Praecipimus vobis quod sine dilatione plenum rectum teneatis D. W. de 12 Mess 2 Gardinis et 5 Curtilagiis cum pertin in London quae clamat tenere de Nobis per liberum servitium unius denarii per annum pro omni servitio Quae R. V. ei deforc ne amplius inde clam audiamus pro defeâ—n Recti Teste Meipso apud Westm 4 die Maii Anno regni nostri Angl '
the Execution and justifie it Cro. 1.440 2. After half the Land of a man is taken in Execution upon one Judgment then if there come another Judgment against the same person a moyety of the moyety only left and not of the whole is to be extended Cro. 1.482 483. 3. The Sheriff upon a Fieri facias may not deliver the Defendants Goods to the Plaintiff in satisfaction of his debt Cro. 1. part 504. 4. If the Sheriff open or break any House to do Execution at the Suit of a common person the Execution is good but the party whose House is broken may have an Action of Trespass against him for the breaking of the House Co. 5.93 Co. 4.91 Semaines Case Co. 11.82 5. If the Sheriff have a Fieri facias or a Ca. sa against a man and before Execution executed he pay him the money in this case the Sheriff cannot do execution after if he do an Action of Trespass or False Imprisonment lyeth against per Justice Jones and Justice Berkley B.R. Pasch 12 Car. 6. If Execution be by Fi. Fa. and the Sheriff seise Goods and before the sale the Record is removed by Error and a Supersedeas awarded and a seizure returned in this case a Venditioni Exponas may be awarded upon the return of the Fieri facias which is filed Cro. 1.597 598. 7. If Execution be for the Plaintiff if the Defendant be taken by Capias Utlagatum and if Judgment be affirmed in Error a Capias or other Execution lyes without Scire facias although in another Court Cro. 1.706 851. 8. The ancient Sheriff being out of his Office cannot sell the Goods he took upon a Fieri facias Yelverton 44. How Execution is to be done in the Cinque-Ports see Bendloes 15. Observe here further That if the Defendant dye his body being in Execution the Plaintiff may have a new Execution against the Lands or Goods of the Defendant as he pleaseth but the Plaintiff while he hath the body of the Defendant in Execution can have no other Execution against his Lands or Goods Co. 5.65 66.86 87. A new Execution may be sued against any man who by Priviledg of Parliament shall be set at liberty Stat. 5 Jac. cap. 13. If the Sheriff hath a man in his custody by process of Law and after this a Writ of Capias ad Satisfaciendum is delivered to him in this case in Judgment of Law he shall be in Execution presently upon that Writ though he never make any actual arrest thereupon Co. 5.89 I will now cite some few Cases to illustrate this Point 1. If two be in Execution for one debt and one of them dye under Execution this will not discharge the other But death under Execution in case where there is but one Defendant is in satisfaction Cro. 1.851 F.N.B. 146. Cro. 2.136 143. But this by the Common Law For now by the Stat. of 21 Jac. cap. 24. If a man be in Execution for a debt and dye in Execution for it the debt unpaid the Plaintiff shall now have as much remedy against his Lands and Goods as if he had never been or dyed in Execution Co. 5.86 Cro. 2.136 142. 33 H. 6.47 3 H. 6.7 N.B. 246. 2. If the Defendant pay the money by this he shall be discharged of the Execution So a Release of all Executions will barr in this case although it be in the Kings case But a Release of all Suits will not discharge from Execution in the case of the King or Subject Co. 8.153 But a Release of the Judgment and of all debts and duties will discharge the Body out of Execution Co. 1. part Inst 291. But if he make any Depheasance Release or other such like act to the Defendant being in Execution amounting to a discharge of the Execution this will not be in it self ipso facto a discharge of the Execution but this will make way for his discharge by Audita Querela or some other means And therefore in case where the Plaintiff consented that the Defendant his Prisoner in the Kings Bench should come to him out of Prison to the Horse-shooe Tavern which was out of the Rules without a Keeper or any Order of the Court thinking to have some agreement with him and he doth come to him and was taken again upon the same Execution and put into the Kings-Bench he was relieved and discharged by Audita Querela And a discharge by word in this case is good enough For if I say to the Sheriff and bid him discharge such a one he hath in Execution at my Suit or suffer him to go at large this is a good discharge both to the Sheriff and to the party Popham 206 207. Trin. 24 Car. B.R. Walker and Alder. 3. If A. and B. Joynt-Tenants for life the Remainder in Fee and Judgment is given against A. in debt and afterwards before Execution he release to his Companion this shall not avoid the Execution upon the Land But if A. had dyed before Execution the Survivor would have held the Land discharged Co. 6.79 Abergavenyes Case 4. If a Judgment be against one Obligor in the Common-Pleas and another Judgment in the Kings-Bench against the other Obligor and a Capias ad Satisfaciendum in the Kings-Bench against that Defendant and then the Body and Lands of the other is taken in the Common-Pleas and he is delivered by Audita Querela as he may be although the Land taken in Execution be evicted yet his body shall never be re-taken in Execution Hob. Rep. 2. 5. If a Sheriff Gaoler or other Officer that hath a man in Execution at my Suit for debt or damages do after suffer him wilfully or negligently to escape and do not re-take him before I commence my Action against him In this case I may in an Action of Debt or Action of the Case which I will recover against him by whose means this is done but not against his Executors or Administrators so much as I am damnified thereby Plowd 45. Co. 3.52 Dyer 278. Cro. 3.767 F.N.B. 93. 6. If the Sheriff take one in Execution at my Suit be the process by which he is taken erronious or not if the Sheriff suffer him to escape he shall be charged with this escape Cro. 3.188 576. Cro. 2.1 7. If the Chief Justice of the Court by which the Prisoner is committed the Sheriff and the Plaintiff in the Suit all of them agree together to let a prisoner in Execution out for a time this will be no escape especially there where the Prisoner doth return at his time Dyer 275. 8. If the King or any great Man out of the ordinary way of Law shall command or require the Sheriff or other Officer that hath the keeping of such a prisoner to set him at liberty altogether or foâ— time and he doth so although he return to prison again yet this will be an escape in the Sheriff to make him liable to action Dyer 278 279. 9. If a
Original Deed. 14 H. 8.10 Broo. Estrange al fait 10. And yeâ— if a Statute be made to the Husband and Wife and the Husband alone joyn in making the Defeasance This shall be a good Defeasance Broo. Defeasance 3. 4. That it be made of a thing defeasible and so is a Judgment Statute or Recognisance and so it may be agreed to be upon payment of a less summe than that mentioned in the Statute or â—udgement or by the not disturbance of the execution of the Will of S or by the making of a good Estate in Land or the quiet enjoyment of Land bought or the like Fitz. bar 71.20 H. 7.24 21 H. 7.32 5. And it is best done before the execution of the Statute c. yet if the Defeasance of a Statute come after the Execution and be thus That if the Conusor pay so much money then the Statute shall be void It is best to adde these words in the Defeasance That then tho said Statute and the execution thereof shall be void Broo. Defeasance 7. And thus it seems a Defeasance may be after a Defeasance or one Defeasance after another and regularly in that case the last will stand Pasch 8 Jac. C. B. agreed Of an Audita Querela Audita Querela is a Writ lying where one is bound in a Statute Merchant Staple or Recognisance or where a Judgement is given only for debt or damages and the party in Execution for any debt or duty in any such case and he hath a release or some other sufficient discharge of all or part of the duty or some other matter to say in avoidance of the Statute or Judgment but hath no day in Court to plead it nor means to make use of it In this case he may have this Writ which is in the nature of a Commission to examine the equity of the case and give relief to the party in danger by the extremity like to befall him from the rigour of the Law in it Co. upon Lit. 290. Cro. 2.646 The proceedings herein are most properly in Chancery And there first by Venire facias with an Alias and as some say by Pluries upon a Nihil returned And if the Defendant do not then appear by a Distringas ad audiendum Judioium and upon default herein a Judgment is given And upon Bayl given to prosecute and stand to the Judgment he may have a Supersedeas to stay Execution But after Execution there goes a Scire facias and no Supersedeas may be had And this is not returned into the Chancery but where it is grounded upon a Record in Chancery as a Statute and the like And no man by this may get himself to be Bayled in case of a Habeas Corpus upon a bare surmise only but by proof of witnesses in writing Dyer 339. F. N. B. 104. Cro. 3. part 308. Broo. Aud. Quer. 41. Upon the Statute Staple the course is to have the Audita Querela to the Chancellor But upon the Statute Merchant it is to be directed to the Justices de Banco Dyer 332. In this Suit the Nonsuit or Default of any one of the Plaintiffs shall not hurt another Co. 6.25 This Writ will not lye upon a bare surmise onely Dyer 232. Cro. 2. 579 694. But it lyeth for the party himself against whom the Judgment is given and against whom the Statute is made or for his Heir Executor or Admioistrator or either of them upon whom the charge is come or coming If my Ancestor to whom I am heir hath entred into a Recognisance and the Sheriff after his death extend my Land or a Rent out of it I being within age by this Writ I may avoid the Extent so that by this the Infant may avoid not onely his own statute but also the extent of the Statute of his Ancestor Mores Rep. Case 121. If a Statute be taken by one that hath no power to take it and after the Conusor doth enfeoff a stranger of the Land and the Conusee sueth Execution on the Statute the Feoffee may have this Writ to avoid Execution Dyer 35. If an Obligee have a Judgment against the heir of the Obligor and his Land in extent and the Obligee assign away his Estate in it to a stranger and after the heir get a Release of this Judgment from the Obligee he may have this Writ against the Assignee Adjudged Pasch 7 Jac. B. R. Flowers Case Note An Audita Querela is not returnable in Chancery but in 〈…〉 it is grounded upon a Record in Chancery as a Statute c. And it seems none are to be baffled upon a Habeas corpus by Audita Querela upon a Surmise but it must be proved by writing In Trinity Term 14 Jac. B. R. One Pierce was brought in upon a Habeas Corpus and Surmise That Mosten had recovered in B. R. against Morris in debt upon a Bond had Judgment against Morris the principal and a Capias ad Satisfaciendum against him and after that another Capias against Peirce the Surety which came in upon Habeas corpus and brought an Audita Querela and surmised payment by the principal And Bayl was denyed him by the Chief Justice nullo contradicente This Remedy is given most properly where the Statute is not good as where it wants a Seal or the like for in cases where the Statute is good and the proceed in the execution of it is erronious onely there the relief is properly by Writ of Error Cro. 3.319 494. In all cases therefore where this remedy is given it is requisite that these three things be in the case 1. There must a charge or burthen come or coming upon him that is to have it 2. It must be such a charge or burthen as that whereof by Law he ought to be discharged and disburthened in all or in part 3. It must be in such a case as wherein he hath no other way to relieve himself And therefore it is used and had sometimes to avoid a Judgment and the execution thereof or to avoid a Statute or Recognisance As if a Judgment or Judgment and Execution be had against me and the Plaintiff in facto release me of the debt or I be released of it or of part of it by Law and yet he sueth Execution out against me for the whole I may have may relief by this way So if a Judgment be had against me and another for one debt and one of us is taken in Execution and after either of us get a discharge in fact or in Law of the debt both or either of us must have relief by this way Pasch 40 Eliz. C. B. Monke and Brown Co. 8.152 Plow 72. Dyer 50. If the Conusee of a later Statute extend Lands of the Conusor in one County having Lands in two Counties and after this the Conusee of a former Statute doth extend the moyety of the Lands in the other County onely the Conusee of the later Statute may have this action