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
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
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
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
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
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
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
Titles Troubles and Incumbrances whatsoever heretofore had made committed suffered or done by us the said R. B. and P. K. or either of us our Executors c. or any of us in any manner of wise howsoever And so shall be during all the rest and residue of all and so many years as are yet to come and unexpired of the said several terms in by the said several recited Indentures of Lease granted according to the true intent and meaning of these presents the several Rents Payments Covenants and Agreements in the said several recited Indentures of Lease respectively comprised and specified which from henceforth on the Tenants and Lessees parts and behalfs are or ought to be observed performed fulfilled and kept according to the true meaning of the several recited Indentures of Lease and the moyety of one half part of the yearly Rent of c. reserved for certain Rooms and Chambers belonging to the c. now in the Occupation of c. which moyety of the said Rent is formerly sold and released unto the said A. B. his c. onely excepted and foreprized any thing in these presents contained c. In witness c. An Assignment of a Lease in trust whereof the Assignor is to take a further Estate in the premises THis Indenture made c. between Sir A. C. of c. on the one part and E. H. and C. D. of c. on the other part Witnesseth That whereas Sir J. D. c. by his Indenture of Lease beating date the c. reciting the Grant and Habend as in and by c. Now this Indenture further witnesseth That the said Sir A. C. for and in consideration of the trust hereafter mentioned and for divers other good Causes and Considerations him thereunto moving hath granted bargained sold assigned and set over and by these presents doth grant bargain c. unto the said E. H. and C. D. their Executors Administrators and Assigns and to the Survivor of them the said E. H. and C. D. and to the Executors Administrators and Assigns of the Survivor of them all c. mentioning all that is assigned and set over To have and to hold the said Lordship c. and all other the premises with all and singular their appurtenances before by these presents bargained sold assigned and set over and every part and parcel thereof unto the said E. H. and C. D. their Executors Administrators and Assigns and to the Survivor or Survivors of them the said E. H. and C. D. and to the Executors Administrators and Assigns of the Survivor of them all c. mentioning all that is assigned c. Nevertheless upon this trust and confidence in them and every of them reposed that they the said E. H. and C. D. and the Survivor of them and the Executors c. of the Survivor of them shall and will at all times hereafter and from time to time upon the reasonable request to them or any of them to be made and at the Costs and Charges in the Law of the said Sir A. C. his Executors c. assign convey and assure all and singular the before bargained premises and every part and parcel thereof unto such person or persons their Executors c. by the said Sir A. C. his Executors c. shall be nominated and appointed in such manner and form as by the said Sir A. C. his Executors c. or his or their Council learned in the Law shall be reasonably devised or advised and required and upon further trust and confidence that they and every of them shall and will upon the like request to be made do and perform all and every lawful act and acts thing and things whatsoever for the extinguishment of this present bargain sale and assignment of the premises above-mentioned as by the said Sir A. C. his Executors c. or by his or their Council learned in the Law shall be reasonably devised or advised and required In witness c. An Assignment of a Judgment THis Indenture made c. between M. M. c. on the one part and R. T. c. on the other part witnesseth That whereas the said M. M. hath recovered a Judgment in His Majesties Court of Common-Pleas at Westminster in Hillary Term Anno c. against E. G. for xx l. Debt besides costs of Suit as by the Records of the said Court more at large may appear Now the said M. M. for good Considerations him moving Hath bargained sold assigned and set over and by these presents doth bargain sell assign and set over unto the said R. T. his Executors c. as well the said Judgment and all and every sum and sums of money therein mentioned and contained As also all benefit and advantage which shall or may be had obtained or gotten by reason or means of the said Judgment or any Process or Execution thereupon to be had sued out or executed To have and to hold the said Judgment sum and sums of Money benefit advantage and other the premises aforesaid unto the said R. T. his c. to his and their own proper uses and behoofs in as ample manner as he the said M. M. his Executors or Assigns might or could have and enjoy the same if these presents had never been had or made and the said M. M. his Executors c. shall and will justifie maintain and avow all and every lawful act and thing that shall be done in and about the premises without releasing or discharging the same So as there be no further benefit taken than onely the due Debt Interest and Charges and that all the benefit which shall be obtained or gotten upon the said Judgment shall wholly remain and be unto the said R. T. his Executors c. to his and their own proper uses and behoofs without any account or other thing to be therefore yielded or done unto the said M. M. his c. for the same In witness c. An Assignment of an Annuity TO all Christian people c. I J. W. of c. Gentleman send greeting in our Lord God everlasting Whereas J. C. Citizen c. by his Deed indented bearing date c. for the consideration therein mentioned did give grant and confirm unto me the said J. W. one Annuity or yearly Rent or Pension of c. to be issuing and going out of all and singular the Messuages or Tenements Lands and Premises of the said J. G. situate and being in c. for the term of the natural life of me the said J. W. as in and by the said Deed indented among divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now know ye That I the said J. W. for good Considerations me moving have assigned and set over and by these presents do assign and set over unto S. L. of c. the said Annuity or yearly Pension of c. To have
and the other of Debt upon the demand of c. at the suit of c. as by the Records of the same Court may appear if therefore the said W. W. his c. and every of them do at all times hereafter and from time to time clearly acquit and discharge or otherwise sufficiently save and keep harmless the said J. D. his c. and every of them and all his and their Goods and Chaâ—tels and every part and parcel of them against all persons whatsoever of and for the main-prizing and taking to bail of the said W. W. and of and for the several Actions aforesaid and of and for all Actions Suits Costs Troubles Demands Executions and Damages whatsoever that shall or may arise or grow touching or concerning the premises or any of them in any manner or wise That then this present Obligation to be void c. A Condition for payment of Money if a man be non-suited THe Condition c. That whereas one E. G. is admitted to sue in Forma Pauperis in his Majesties Court of c. against W. W. and A. B. for the recovery of certain Lands and Tenements in the County of K. if the said E. G. shall be Non-suited in the said Action or that the same Action shall pass against him by Verdict or otherwise that if the above-bounden R. R. or E.G. their Executors or Assigns or any of them do or shall truly pay or cause to be paid all and fingular such Costs and Charges and sums of Money as by any the Justices of the said Court shall in that case be thought convenient or awarded without fraud c. That then c. A Condition for performance of Covenants THe Condition c. That if the within-bounden H. W. his c. and every of them do well and truly observe perform fulfill accomplish and keep all and singular the Covenants Grants Articles Clauses Conditions and Agreements whatsoever which on his and their parts and behalfs are or ought to be observed performed fulfilled and kept mentioned and comprised in one pair of Indentures of Lease bearing date within-written made between the within-named E. W. of the one part and H.W. of the other part according to the tenor effect and true meaning of the same Indenture That then c. A Condition for passing of a Fine THe Condition c. That if the within-bounden W. E. and A. his now Wife and the Heirs of the said W. at the Costs and Charges in the Law of the within-named R. M. his c. next ensuing the date c. shall levy one Fine c. in the Court of Common-Pleas at Westminster of one Messuage or Tenement mentioned to be demised to the said R.M. in and by one Indenture of Lease bearing date c. made between the said W. E. on the one part and the said R. M. on the other part according to the due course of Law by such name or names and in such manner and form as by the said R. M. his c. or by his or their Council learned in the Law shall be devised or required as well for the barring of the said A. from the Title of Dower in the premises as for the better assuring and confirming of the premises unto the said R. M. his c. for and during all the said term by the said Indenture of Lease granted under the Rent in and by the said Indenture reserved against the said W. E. his Heirs and Assigns according to the true meaning of the said Indenture That then c. A Condition concerning a Marriage THe Condition c. That whereas there is a Marriage by Gods Grace intended to be shortly had and solemnized between the above-bounden A. B. and E. B. Daughter of F. B. late of G. in the County of C. deceased if after the said Marriage shall be solemnized between the said Parties it shall happen the said A. shall die and her the said E. shall survive then if the said A. B. shall at the time of his death leave unto the said E. the sum of c. or the value of c. for Goods and Chattels to be freely taken had used and disposed of by her the said E. her c. at her and their own wills and pleasures without any Claim Challenge Suit Trouble Disturbance Contradiction or Demand of for in or to the said sum or value of c. or of any part or parcel thereof thereunto to be made by the Executors c. of the said A. B. or by any other person or persons whatsoever That then c. A plain Bill of Debt BE it known unto all men by these presents That I A. B. of c. do owe and am indebted unto C. D. of c. in the sum of c. of lawful Money of England to be paid unto the said C. D. his Executors Administrators or Assigns on the c. next ensuing the date hereof To the which payment well and truly to be made I bind me my Heirs Executors and Administrators firmly by these presents In witness whereof c. I do hereunto set my Hand and Seal this fourth of July Anno Dom. 1648. â— Bill Obligatory BE it known unto all men by these presents That I A. B. of c. do owe and am indebted unto C. D. of c. in the sum of c. of lawful money of England to be paid unto the said B. D. his Executors Administrators or Assigns on the c. next ensuing the date hereof at c. To the which payment well and truly to be made I bind me my Heirs Executors and Administrators in the sum of c. of lawful money of England firmly by these presents In witness c. A General Release KNow all men by these presents That I J. K. of c. have remised released and quit-claimed and by these presents do for me my Executors Administrators and Assigns remise release and for ever quit-claim unto C. D. of c. his Executors Administrators and Assigns all and all manner of Actions and Suits cause and causes of Actions and Suits Bills Bonds Writings and Accompts Debts Duties Reckonings Sum and Sums of Money Controversies Judgments Executions and Demands whatsoever which I the said J. K. ever had or which my Executors Administrators and Assigns or any of us in time to come can or may have to for or against the said C. D his Executors Administrators or Assigns for or by reason of any matter cause or thing whatsoever from the beginning of the World until the day of the date hereof In witness c. A Release upon the Receipt of a Legacy BE it known unto all men by these presents That I T. B. of c. have the day of the date hereof received of J. T. widow Executrix of the last Will and Testament of c. H. T. of c. deceased all that Legacy or sum of c. to me the said T. B. by the
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.
in the name of us or any of us shall at any time or times hereafter use implead molest arrest attach imprison and condemn or cause to be c. the said I. M. his c. or any of them for or upon the aforesaid Obligation so forfeited as aforesaid or by vertue of the said Judgment or of any Execution or Elegit to be had or procured thereupon or by any other wayes or means whatsoever In witness c. A Covenant to pay the Sheriff or his Bayliff for apprehending a man TO all c. I T. O. of c. send greeting Whereas c. doth owe and is indebted unto me the said c. in the sum of c. by Bill or Writing Obligatory under his Hand and Seal upon which Bill I have commenced a Suit at Law and thereupon had Judgment upon which I have taken out Execution And whereas M. F. Sheriff of c. or T. S. Bayliff of the Wapentake or Hundred of c. for the considerations here-under written and agreed upon hath undertaken to do his best endeavour for the serving of the said Execution and by vertue thereof to apprehend the Body of the said J. S. Now know ye That I the said T. O. for me my c. do covenant c That if the said M. F. or T. S. do serve the said Execution upon the Body of the said J. S. and him imprison and commit unto the Goal whereupon he may remain charged with the said Debt or if upon serving the said Execution the said J. S. do pay c. the said Debt or compound with me for the same that then in any of the cases aforesaid I the said c. shall and will forthwith pay the said M. F. or T. S. the sum of c. in consideration of the said business so to be performed c. In witness c. Covenants between two Partners at the dissolution of their Co-partnership THis Indenture made c. between T. H. C. and G. of London of the one part and W. I. C. and G. of London aforesaid of the other part witnesseth That whereas the said T. and W. by their Indenture of Co-partnership beating date c. for the confideration in the said Indenture specified did condescend conclude and agree to become and continue Joynt-Dealers and Co-partners together in the Art and Mystery of c. and in buying selling and uttering of c. and all other Wates Commodities and Merchandizes belonging or commonly used to and with the said Trade for the term of c. from the Feast-day of c. last past c. if the said T. and G. should so long live and unless they the said T. and W. should otherwise agree together as by the said Indenture of Co-partnership whereunto relation being had more at large c. And whereas the said T. and W. by their mutual consents free-will and agreement and for very good Causes and Considerations them thereto moving have thought good to dissolve and break off the Co-partnership and from thenceforth to become no Co-partners together Now this Indenture further witnesseth That it is covenanted concluded and fully agreed by and between the said c. for and concerning the premises in manner and form following viz. first the said W. for and in consideration of a certain sum of money to him the said W. in Hand at the ensealing and delivery of these presents by the said T. well and truly paid and delivered for him his c. doth covenant and grant c. by these presents to assign and set over remise and release unto the said T. his c. all and every such part portion and share as he the said W. his c. hath may might or ought to have of in and to all and singular the Goods Chattels Housholdstuff Wares Merchandizes Debts Obligations Specialties Bills Obligatory Sum and Sums of Money and other things whatsoever incident or belonging to the said late Co-partnership or joynt-dealing in any manner of wise and also his Estate Interest Right and Demand therein or in or to any part thereof together with all such benefit and commodity as he the said W. his c. might or ought to have had taken or received upon for or by reason of the said Bills Bonds Books Obligations or Speciâ—lties belonging to the said Co-partnership And that it shall and may be lawful to and for the said T. his c. to have keep receive and enjoy as well all and every the Goods Chattels Houshold-stuff Wares and Merchandizes belonging to the said late Co-partnership as also all and every such Debts Duties Sum and Sums of Money as shall be had received obtained or gotten by vertue of the said Book Bills Bonds Obligations or Specialties or any of them or of any Suit Judgment Execution or Process thereupon to be commenced pursued had or taken without the let trouble or contradiction or the unjust Plea in Bar arising from any act or thing heretofore done or hereafter to be done or willingly suffered by the said W. his c. or any of them and without any accompt or other thing to be therefore rendred or yielded to the said W. his c. or any of them And further that he the said W. heretofore hath not received any sum or sums of money belonging to the said late Co-partnership other than such as are already allowed upon accompt nor hath released or discharged nor that he his Executors or Administrators shall or will hereafter receive release discharge or make frustrate all or any of the said Debts Duties Sum or Sums of Money Bonds Specialties or Demands due or to be due by vertue of the said Bills Books Specialties Obligations or Agreements or any of them other than such as are allowed upon accompt as aforesaid without the consent or agreement of the said T. H. his c. first had and obtained in writing under his or their Hands nor voluntarily or willingly discontinue disavow or suffer to be non-suited in or make any retraxit or otherwise discharge hinder or delay any Action Suit or Plaint whatsoever which he the said T. H. now hath or at any time hereafter shall commence prosecute or pursue in the name of the said W. G. his c. for the recovery or obtaining of the said Debts Duties Sum or Sums of Money or Demands belonging to the said late joynt dealing but that he the said W. G. his c. shall and will from time to time and at all times hereafter upon the reasonable request and at the costs of the said T. H. his c. justifie allow maintain and avow all and every such action suit plaint and arrest as he the said his c. shall commence c. for the recovering levying obtaining or getting of all or any the Debts c. belonging to the said late Co-partnership ratifying c. all and every lawful act matter and thing whatsoever which he the said his c.
according to the meaning of the said Will If therefore the said W. his L. Executors Administrators or Assigns or any of them do well and truly content and pay or cause to be paid unto the within-named H.I. T. I and R.I. or any of them their or any of their executors administrators or assigns the said sum of c. on the c. which shall be in the year of our Lord God 1631. at or in c. that then this c. A Condition that one shall not become bound for any person by Writing or Promise without consent THe Condition c. That if c. A.B. shall not at any time or times hereafter by his writing Obligatory signed or sealed with his hand make or feal or by any other writing or bale promise or contract whatsoever or otherwise solely by himself or joyntly or severally with any person or persons become or stand bound as Surety with to or for any person or persons in or for payment of any sum or sums of money to any manner of person for the debt duty or any cause whatsoever of any person or persons whatsoever above the sum of 40 l. of c. other than for his own only debt duty or â—ause without the special consent assent and licence of the within-â—â—â—â—ed C. D. first had and obtained in writing under his hand and seal that then c. A Condition to surrender Land or pay money in lieu thereof THe Condition c. That if c. A.I. and his heirs or some of them within the space of c. next ensuing the date hereof upon reasonable request to him or them made by the within-named R. H. his heirs or assigns or any of them and at his or their costs and charges in the Law do make and procure or cause to be made and procured to the use of the said R. H. and his Heirs for ever according to the custom of the Mannor of c. sufficient and lawfull surrender and assurance of and in one Messuage or Tenement customary sometimes called the c. with all barns stables or chards gardens and other the appurtenances to the same adjoyning and belonging situate c. discharged or saved harmless from all former surrenders charges and incumbrances made done or committed by him the said A.I. or his Heirs or by any other person or persons by whom such Surrender shall be so made the fine or fines for or by reason of such surrender or admission upon the same and the rents and services from henceforth to be due to the Lord or Lords of the said Mannor of whom the premisses are holden or by parcel only excepted and foreprized and if in case the said R H. or his Heirs within the space of c now next ensuing shall dislike to accept of such Surrender and shall not make any such request for the same as is aforesaid then if in lieu and recompence thereof the said A. I. his Heirs Executors Administrators or Assigns or any of them do at the end of the same year now next ensuing at the furthest within three months then next following well and truly pay or cause to be paid unto the said R H. his executors or assigns at or in c. the sum of c. of lawful c. without fraud or coven that then c. A Condition c. to keep Peace THe Condition c. That if c. B. W. at all times hereafter do well and honestly bear and behave himself as well in word as in deed towards the within-named J. R. and all his as any honest man ought to do and also if the same B. W. at all times hereafter do keep the c. in his own proper person towards the 〈◊〉 J.R. and all his And further If the said B. W. at no time hereafter do vex sue molest or trouble or cause to be sued vexed molested or troubled the said J. in his body goods or otherwise by any manner of means for any matter cause or thing whatsoever it be that then c. A Condition to pay Money according to a â—â—oviso in a Bill of Sale THe Condition c. That whereas the within-bound R.H. by his Bill of Sale bearing date the day of the date within written hath bargained sold and delivered in plain and open market according to the custom of the City of London unto the within-named T.C. three gilt bowls weighing 60 ounces c. To have and to hold with a Proviso contained in the said Bill of Sale That if the said R. H. his c. do pay c. unto the said c. that then this c. as by c. And whereas the said T.C. doth esteem and value that the said 3 gilt bowls c. nor to be worth the said Sum of c. contained in the said Bill of Sale if therefore the said R. H. his c. do pay c. unto the said T.C. his c. the said sum of c. on the day and at the place mentioned in the said Proviso and thereby redeem the premisses out of the hands and possession of the said T.C. his c. that then c. A Condition to do ones endeavour for the recovery of the Debt against the Surety THe Condition c. That whereas the above-bound J.H. hath obtained several Judgements against M. W. Esq and T. B. Gent. upon one Obligation wherein the said T. B. and M. W. stand bound unto the said J.H. in the sum of 215 l. with condition for payment of 107 l. 10 sh as by the Records remaining in the Court of Common-Pleas at Westminster may appear If therefore the said J. H. his Executors Administrators and Assigns do and shall from time to time and at every time and times hereafter do and use his and their best means and endeavours with effect by Writ or Writs of Execution or by other writs or means lawfully to recover and receive of the said M. W. his Heirs Executors oâ— Administrators or of his or their lands tenements goods chattels or hereditaments the said Sum of 215 l. and costs of sute heretofore obtained by Judgement as aforesaid without releasing the said Sum of money as aforesaid or any part thereof except it be by agreement and consent of the said H. B. his Executors Administrators and Assigns or also do and shall well and truly pay or cause to be paid unto the said H. B. his Executors Administrators oâ— Assigns the said Sum of c. and costs of sute or so much thereof as shall be received by the said J. H. his Executors Administrators or Assigns of the said M. W. his Heirs Executors or Administrators or his or their goods chattels lands or tenements upon or by reason of the said Judgement and that within two moneths next after he or they shall have received the same without fraud or coven that then c. A Condition for quiet enjoyment of a Messuage sold THe Condition c.
hereafter and from time to time clearly acquit exonerate and discharge or otherwise well and sufficiently save and keep harmless and indempnified the above-named I. E. his Heirs Executors and Administrators and his and their goods chattels lands tenements and hereditaments and every of them of and from all debts duties bills bonds specialties and demands whatsoever which at any time and times hereafter shall and may be duly and lawfully demanded or recovered of or from the said I. B. his Heirs Executors and Administrators by any person or persons whatsoever for or by reason of any reckoning duty specialty debt or demand whatsoever due owing or payable by the above-named R. T. deceased to any person or persons whatsoever and also of and from all costs charges sutes arrests judgements executions and demands whatsoever which shall or may happen come grow to be unto or against the said I.B. his Executors Administrators or any of them for upon or by reason thereof and also if A. T. daughter of the said E. T. and such persons as she shall intermarry withall within one month next after she the said A. shall be lawfully married or shall accomplish her full Age of Twenty one years which shall first or next happen do and shall make seal and deliver as his her or their act and deed a good sufficient and lawful acquittance discharge and release under his her or their hands and seals unto the said I. B. his Executors and Administrators of for or concerning all sum and sums of money gifts legacies bequeaths and demands whatsoever given and bequeathed unto the said A. in and by the last Will and Testament of the said R. T the same release to be made in such manner and form as by the said I.B. his Executors or Administrators or his or their Councel shall be reasonably devised or required that then c. A Condition from a Goaler to an under-Sheriff for saving harmless THe Condition That if the above-bounden A. B. Deputy-Goaler to T.T. Servant to c. do from time to time receive and take into his ward and custody within the Goal at the Castle of Lancaster in the County of Lancaster aforesaid all such person and persons prisoner and prisoners which shall fortune to be committed or sent to the said Goal or committed to the ward and custody of the said Goaler by the said Sheriff or his Deputy or by any Justice or Justices of Peace or by any other having lawfull authority to commit persons or prisoners to the said Goal and the same person or prisoners so committed as aforesaid do well and truly duly and sufficiently by his own proper person or by his sufficient Deputy or Deputies so keep that the said Sheriff his Heirs and Executors all the Lands Tenements Goods and Chattels of the said Sheriff be saved harmless from all losses penalties amerciaments and damages whatsoever as well against the Commonwealth of England as also against all other person and persons of for and concerning the custody and keeping of the said Geal and prisoners within the said Castle of Lancaster or elsewhere in the said County of c. and likewise do discharge save and keep harmless the said Sheriff his Heirs and Executors and all those his Lands Tenements Goods and Chattels from time to time and at all times hereafter of and from all and every escape and escapes as well of convict persons Reprieves and Felons and of all other persons now committed for any contempts condemnations trespasses or misdemeanors which may happen or chance hereafter to be committed to the said Goal for any the causes aforesaid during the time the said A.B. shall be Deputy or Goaler to the said T. T. and the said T.T. continue Sheriff And likewise that if the said A.B. or any other by his consent privity or appointment in any wise let to bail or mainprize any prisoner or prisoners to him committed as aforesaid not bailable by the Lawes of the Realm without the special commandment or appointment of the aid Sheriff and if the said A. B. or his sufficient Deputy be ready to give his attendance upon the said Sheriff and his Deputy at all times necessary and convenient and all and every lawful thing and things that he shall be required to do by the said Sheriff or his Deputy touching or concerning the c affairs and businesse wherewith the said Sheriff is or shall be charged or imployed in or about the keeping of the said Goal or Prison that then c A Release of Recognizance assigned to one TO all Christian People c. P. V. of London Merchant stranger sendeth greeting in our Lord God everlasting That whereas the Right Honourable W. Earl of Derby Lord Stanley Lord of Man and the Isles T. Ireland of Grayes-Inn in the County of Middlesex Esq H. C. of Knowsley in the County of Lancaster Gent. and H. Adys of Button in the County of Dorset Gent. by other writing of Recognizance or Statute-Staple bearing date the sixth day of July c. taken and acknowledged before Sir J. P. Knight Lord Chief Justice of England stand bound to Peter H. Citizen and Alderman of London in 3200 l. of c. payable as in and by the same Writing of Recognizance or statute more at large doth appear And whereas the said Peter H. by his sufficient Deed or Assignment in writing bearing date the five and twentieth day of c. in the c. did for divers and certain considerations him thereunto especially moving grant assign and set over unto me the said P. Vanloor as well the said Recognizance or Statute and the said debt of 3200 l. and all his said right title and interest which he the said Peter Houghton then had or ought to have had in and to the same to have and to hold the said Recognizance or Statute and the said debt of 3200 l. aforesaid and all his said right title and interest in and to the same unto the said P. V. my executors and assigns as our own proper goods and chattels for ever as by the said Assignment amongst other Covenants and Clauses therein contained more fully at large it doth and may appear Now know ye That I the said P. V. for divers good Causes and Considerations me hereunto especially moving have remised released and quit-claimed and by these presents for me my executors administrators and assigns and every of us do remise release and for ever quit-claim unto the said Henry Adys his Heirs Executors Administrators and Assigns and every of them the Recognizance or Statute aforesaid and the penalty and forseiture thereof and also all and all manner of Actions Arrests Extents Judgements Executions Condemnations Liberates Seizures Debts and demands whatsoever which I the said P. V. or the said P. H. or either of us now have shall may might or ought to have against the said H. Adys his Heirs Executors Administrators and Assigns or any of them or his their or any
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
their Heirs and Assigns for ever and to no other use or uses intents or purposes whatsoever In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written Note that this Conveyance of Lease and Release is much in use and works without the formal act of livery and seisin Note also that if you leave out the Recital in the Release and put in the word Enfeoffe in the Grant then the Release works alone without the Lease with livery A Release from an Executor to two Creditors of the Testator of all Debts BE it known unto all men by these presents That I C. E. Citizen and Mercer of c. Executor of the last Will and Testament of E.G. late Citizen and Haberdasher of c. deceased have remised and released and by these presents for me my Heirs Executors and Administrators do remise release and for ever quit-claim unto C.R. of c. in the Province of c. in the parts beyond the Seas Haberdasher and C.I. of c. Gent and unto either of them all and all manner of actions suits debts debates accompts reckonings bills bonds writings obligatory covenants judgements extents Executions claimes duties and all other demands whatsoever which of or against the said C.R. and C.I. or either of them their or either of their Heirs Executors or Administrators or any of them ever I have had now have or hereafter shall or may have by force and vertue of the execution of the last Will and Testament aforesaid or by reason force colour or means of any other act matter cause deed or thing whatsoever it be from the beginning of the world until the day of the date of these presents In witness whereof I have hereunto set my hand and seal the c. day of c. A Release with an exception of some Bonds c. KNow all men by these presents That I W.H. Citizen and Merchant-taylor of c. have remised released and discharged and by these presents do for me my Executors and Administrators remife release and discharge unto R C. of c. Barber-chyrurgion all and all manner of debts sums of money and demands bills and bonds whatsoever between me the said W. H. and the said R.C. for any matter or thing whatsoever before the day of the date hereof excepting two bills bearing date the c. day of c. the one for payment of five pounds one the c. day of c. next coming and the other for payments of five pounds on the c. day of c. now next coming In witness whereof I have hereunto set my hand and seal the c. day of c. A Release from two Partners to two Debtors KNow all men by these presents That we P. E. and L. T. Citizens and Merchant-taylors of c. have remised released and quit-claimed and by these presents for us our heirs executors and administrators joyntly and severally do remise release and quit-claim unto C.R. of c. in the Province of c. in the parts beyond the Seas Haberdasher and unto C.H. brother of the said R. and to either of them all and all manner of actions suits debts bills bonds reckonings accounts and all other matters causes things and demands whatsoever between us the said P.E. and L.T. or either of us and the said C.R. and C.H. or either of them for any matter or thing whatsoever at any time or times before the day of the date of these presents In witness whereof we have hereunto set our hands and seals the c. day of c. in the year of our Lord God c. Sealed and delivered in the presence of _____ A Grant of the Stewardship of a Mannor during pleasure TO all Christian people to whom this present writing shall come I P. I. of the Middle-Temple London Esquire send greeting in our Lord God everlasting Know ye that I the said P.I. have given granted and by this my present Writing do give and grant unto B.I. of c in the County of c. Gent. the office of Steward and Stewardship of all that the Mannor of c. and of the hundred of c. in the County of c. and also the custody and keeping of the Courts Leets and other Courts of and within the said Mannor and hundred together also with all sees and profits thereunto belonging to have hold and enjoy the same to him the said B.I. by himself or his sufficient deputy for and during my will and pleasure In witness whereof I the said P.I. have hereunto set my hand and seal dated the c. day of c. Sealed and delivered in the presence of An Agreement of Creditors to take their Debts by four several payments and abate all interest WE the Creditors of C.H. whose names are hereunder subscribed are all content and do every one of us severally and respectively for himself agree and promise to take and accept of such principal debts as are due unto us from the said C.H. at such four dayes of payment as is aforesaid mentioned the said payments to be made by even equal portions That is to say one fourth part of our said several debts on or before the c. day of c. next coming one other fourth part thereof on the c. day of c. now next also ensuing one other fourth part thereof one the c. day of c. which shall be in the Year of our Lord God c. and the residue of our said several debts being the last and fourth part on the c. day of c. which shall be in the year of our Lord God c. in full payment and satisfaction of our said debts and upon the said C. H. making the first payment and giving us respectively his bonds or bills for the three last payments according to this agreement we will deliver up our old securities and discharge him thereof Witness our hands the c. day of c. A Lease of a side of a Shop and other conveniencies with a grant of goods and wares according to a schedule annexed THis Indenture made the c. day of c. Between E.H. Citizen and Stationer of c. on the one part and H.T. of the same City Stationer on the other part Witnesseth that the said E.H. for and in consideration of the yearly rent hereafter in and by these presents reserved to be paid hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said H.T. all that part of the Shop now in the occupation of the said E.H. being the West-side of the same Shop also the ware-house at the end of the same Shop which said warehouse abutteth upon the South-end of that part of the said Shop which now is in the occupation of A.R. as the same demised part of the said Shop and also the
person or persons to his or their or any of their use or uses the sum of twelve pence in money for the making void of this present Indenture and the Demise and Lease herein contained that then and from thenceforth this present Indenture and Demise and Lease herein contained shall cease and be void any thing herein contained to the contrary notwithstanding In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written An Award made between four Executors TO all Christian people to whom this present writing quadripartite indented of Award shall come S. W. Ceazer Knight Master of the Rools sendeth greeting in our Lord God everlasting This Indenture quadripartite also made the second day of A. in the fifth year of c. between Sir W. S. c. one of the Executors of the last Will and Testament of R. C. c. of the first party S. T. Offley c. one other of the c. of the last Will and Testament aforesaid of the second Part Sir T. L. c. one other of the Executors of the said last Will and Testament of the third part and Sir H. C. c. one other Executor of the same last Will and Testament of the said R. of the fourth part Witnesseth That whereas the said R. by his said Testament and last Will bearing date c. amongst divers and many gifts and legacies therein limited bequeathed and appointed to sundry persons therein named as by the same it may appear hath given and bequeathed all the residue of all and singular his goods chattels leases and other things whatsoever his debts funerals and legacies being paid and performed unto the said W.S. T.O. and T.L. whom together with the said H. C. his brother he made and ordained his said Executors of his last Will and Testament aforesaid and of the same he hath also made and ordained the said W. C. his Supervisor and Overseer as by the same his last Will also at large it doth and may appear And whereas for the avoiding of all doubts variances controversies sutes and strifes that may and might ensue and grow between the foresaid parties touching the said last Will and Testament and the true execution of the same And for and concerning the said residue surplusage and remainder of the goods chattels and other things after the said Debts Funerals and Legacies discharged every of the said parties have compromitted and faithfully promised and further do severally covenant and grant to and with others by these presents to stand to obey abide perform and fulfill the Award and Judgment of the said W.C. Knight Arbitrator between them indifferently named and chosen of and upon the premisses Whereupon the same W. C. taking upon him the charge and business of the said Award and willing and minding as much as in him is the true execution of the said Testament and that a final peace unity and concord shall be had and continued for ever between the said parties for and concerning the premisses hath and doth by these presents by and with the full assent and consent of all and every the aforesaid parties make publish and declare this his present award arbitrement and judgement between the same parties touching the premisses in manner and form as followeth that is to say First The said Sir W. C. by these presents doth award judge and deem and every of the parties before named covenanteth and granteth severally for himself his Heirs Executors and Administrators to and with the other of them his and their Executors and Administrators and every of them by these presents in manner and form following That is to say That the same Executors That any of the Executors shall not conceal any of the Testators goods from the other Executors or any of them shall not at any time or times hereafter willingly or wittingly conceal withdraw or keep close or cause to be concealed withdrawn or kept close from the said other Executors or any of them or the Survivors or Survivor of them and such Goods Chattels Leases Debts Credits or other things whatsoever as hath come or shall happen to come to his or their or any of their hands custody possession or knowledg that were or did or ought to appertain or belong to the said R.C. the Testator or his Executors to the intent the same or any part thereof should not be recovered used ordered enjoyed or disposed by the same Executors to their and every of their own proper use most benefit commodity and advantage by equal portions in manner and form aforesaid And it is further ordered and judged by the said Sir W. C. and also fully condescended and agreed between the said parties and every of them severally doth covenant and grant for him To execute the Testators Will and Trust reposed in them his Heirs Executors and Administrators to and with the others by these presents That all the same Executors and every of them shall from henceforth both in name and deed take upon him the full and due execution of the foresaid last Will and Testament so far as only to the duty trust and office of Executors appertaineth or ought to appertain And furthermore it is ordered judged and awarded by the said Arbitrator and also covenanted granted and fully agreed between the said parties and the said Parties That the Executors shall bear all Costs and Charges of Sutes in executing the Testators Will equally and every of them do severally covenant and grant to and with other of them by these presents That if at any time or times hereafter it shall be found and approved that the foresaid Testator is and ought be charged either by Law or Conscience with any other debt or debts sum or sums of money or other duties or things whatsoever then at this present is well known and doth appear unto the said Executors or if they or any of them or the Executors of the Survivor of them shall at any time or times hereafter happen to be charged with any manner of Sute or Sutes or other charge or charges whatsoever for or by reason of the said last Will and Testament or the due execution thereof either in Law or otherwise That then all and every the said Executors and the Survivor and Survivors of them and the Executors and Administrators of such of them which then shall be dead and that their equal and indifferent costs bear support pay and allow the same charges and every of them any thing herein contained to the contrary in any wise notwithstanding Another Form of an Award TO all Christian People c. I. S. Serjeant at Law send greeting c. Whereas divers variances sutes controversies debates and demands have been heretofore had moved stirred and depending between A. B. c. and C. D. c. of for and concerning reciting the matter in controversie For the appeasing and pacifying of all which
sutes debates variances controversies and demands either of the said parties by their mutual assent and consent have submitted themselves and stand bounden each to other by their several Obligations bearing date c. in the Sum of c. a piece with several conditions endorsed upon either of the same several Obligations to stand to obey observe perform fulfill and keep the Award Arbitrament Ordinance and Judgment of me the said J. S. Arbitrator indifferently elected named and chosen between the said parties as well of for and upon all and all manner of actions as well real as personal sutes quarrels debts debates trespasses and demands whatsoever had moved stirred or depending in controversie between the said parties in any wise before the date of the said Obligations So that the same award arbitrament ordinance and judgment of the said Arbitrator of and upon the premisses were made declared and yielded up in writing on this side the tenth day of c. as by the same several obligations and endorsements thereupon made more at large appeareth Whereupon I the said J.S. Arbitrator aforesaid taking upon me the charge of the said award and willing to set the said parties at a final end peace unity and concord of for and concerning the premisses have called both the said parties before me and by good advice and deliberation have seen heard examined and perfectly understood and perceived their both rights titles estates interests demands evidences and proofs in and to the premisses and weighing and pondering the effects and grounds of all the said matters and controversie do now make publish give up and declare this my present Award indented between the said parties by and with their both mutual consents and agreement of for and concerning the premisses in manner and form following that is to say First I the said Arbitrator do by these presents award order judge and deem and the said A. B. for his part doth covenant and grant for him his Executors and Administrators to and with the said C. D. his Executors and Administrators by these presents That c. as in other Awards reciting the matter in variance A Lease of a Ferry THis Indenture made c. between c. witnesseth That the said T. L. for and in consideration of c. hath demised granted and to farm-letten and by these presents doth c. unto the said J. H. his Executors and Assigns the moiety of the Passage Ferry Standage and Battalage of P. in the C. of c. together with all Easements and Commodities thereunto belonging in as large and ample manner and form as T. H. or his Assigns hath heretofore had or enjoyed the same or might or ought to have had and enjoyed the same To have and to hold the said moiety of the said Passage and Ferry and all other the Premisses by these presents mentioned to be demised and every parcel thereof with the appurtenances unto him the said J. H. his Executors Administrators and Assigns from the Feast of c. unto the end and term of c. Yielding and paying c. with a Clause to make the Lease void for non-payment of the Rent And the said J. H. doth covenant c. That he the said J. H. his Executors Administrators and Assigns at his and their own proper costs and charges shall from time to time during the said term maintain and keep such Boat or Boats and all other things meet and convenient for the moiety of the aforesaid Passage and other the premisses as hath been heretofore commonly accustomed and thereof shall from time to time during the said term acquit discharge or sufficiently save harmless the said J. L. his Heirs Executors Administrators and Assigns And that he the said J. H. his Executors or Assigns shall from time to time during the said term carry over or cause to be carried over the Ferry-place aforesaid from P. to F. the said J. L. and his wife and their heirs servants children horses and stuffe when and so often as the said J. L. his wife and their heirs children or any other of his family shall require to have themselves their servants horses or stuffe to be carried over the said Ferry from P. to E. aforesaid without demanding taking or asking any thing therefore of the said J. L. his heirs children or family And the said J. L. doth covenant c. That he the said J. L. his Heirs Executors Administrators or Assigns shall at all times hereafter and from time to time during the said term acquit and discharge Discharged of quit-Rent or sufficiently save and keep harmlesse as well the said moiety of the said Passage or Ferry and all and singular the afore letten premisses and every part thereof as also the said J. H. his Executors Administrators and Assigns of for and from all and all manner of quit-Rents whatsoever which in respect of the said demised premisses during the said term shall grow due and payable to the Kings Majesty his Heirs Successors or Assigns or to any other person or persons whatsoever excepting the said yearly Rent of 3 l. before by these presents assigned and that he the said I. L. and his heirs the said moiety of the said Passage and Ferry and all other the afore letten premisses with the appurtenances unto the said I. H. his Executors Administrators and Assigns for the Rent above recited to be paid in manner and form abovesaid shall warrant and defend during all the said term of Twenty one years In witnesse c. A Release of Land in Exchange THis Indenture made c. between T. C. of c. and W. L of c. and A. now wife of the said W. L. and late wife of R. B. late of c. of the other party That whereas on or about the Seventeenth day of c. now last past there was certain Agreements had and made between the parties to this present Indenture for and concerning the exchange of divers parts and parcels of their Lands Layes Meadows Pastures and Hereditaments with their appurtenances lying and being in S. and W. and in either or one of them in the said County of Y. as hereafter is expressed That is to say First that whereas the said W. L. had and was seized in the right of the said A. his wife for and during the term of the natural life of the same A. of divers Arable Lands Layes Meadows Pastures Haddes Flats and Hereditaments lying and being dispersed in the Town and Fields of S. and W. aforesaid or in one of them commonly accompted to be and contain two hundred acres be they more or lesse now or late in the tenure or occupation of the said W. L. or of his assigns it was agreed between the said parties by the agreements aforesaid That the said T. C. his Executors Administrators and Assigns shall have and enjoy for and during the term of Sixty years if the said W. L. and A. now wife of the
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 '
Prisoner be removed out of the Fleet that was there in Execution out of the Common-Pleas and he be removed by a Habeas Corpus cum causa and then sent to the Marshalsey for another debt and escape from thence In this case the Keeper of the Marshalsey and not the Warden of the Fleet shall be chargeable for both the first and the second debt Co. 4.98 Dyer 278. 10. If a Woman be Warden of the Fleet and she hath Prisoner one in Execution at my Suit and they marry together this shall be adjudged an escape in Law in the Woman for the prisoner is now by Law discharged So if a man have a Prison in Fee and his son and heir be his prisoner and he dye and the prison descend to his son this will be an escape in Law in the Guardian for which I may have an Action of Escape Plowd 37. The Statutes concerning this Point are Westm 2. cap. 18. He that recovereth debt or damages in the Kings Court may at his choyce have a Scire facias of the Lands and Chattels of the debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough Beasts and the moyety of his Land by a reasonable Extent till the debt be levied And if he be ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be Stat. 32 H. 8. cap. 5. Lands lawfully delivered in Execution upon a Judgment or Recognisance being evicted without any fraud or default in the Tenant before he have levied the whole debt and damages the Recoverer and the Recognisee shall have a Scire facias out of the same Court where Execution was awarded returnable there full Forty dayes after the date And thereupon a new Writ of Execution of the nature of the former to levy the rest of his debt and damages if the Defendant make default or shew no good matter in barre Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled A Writ of Execution shall be within the year so as the parties shall not need to plead After the year a Scire facias Of a Statute A Statute as it is taken for a legal assurance is an Obligation of Record and it is so called because it is made in pursuance of and according to the Form particularly provided for the same and is of three sorts viz. 1. A Statute Merchant 2. A Statute-Staple 3. A Recognisance 1. The Statute-Merchant is a Bond acknowledged before one of the Clerks of the Statutes Merchant and Mayor c. of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor of York c. chief Warden Master or Mayor of other Cities or Towns or before the Bayliffs of any Burrough or other sufficient men for that purpose appointed sealed with the Seal of the Debtor or Recognisor and of the King which is of two pieces the greater is kept by the Mayor c. and the lesser by the said Clerks This is upon 13 E. 1. Stat. 4. Acton Burnell 11 E. 1. Co. upon Lit. 289. And is after this Form NOverint universi per praesentes me A. B. de c. Teneri C. D. de c. in mille libris legalis monetae Angliae solvendis eidem C.D. ad Festum Sancti Michaelis Archangeli anno Regni Regis c. Et nisi fecero concedo quod currat super me et haeredes meos districtio et Poena provis in Statut. Domini Regis edit apud Westm Dat. apud Lond. die c. anno c. Or otherwise thus NOverint Universi per praesentes me R. D. de M. in Parochia de B. in Com. W. Gen. Teneri et per hoc praesens scriptum de Statut. Mercator firmiter Obligari H. M. de C. in Comitatu Civitatis L. Generos in quingentis libris bonae et legalis monetae Angliae solvend eid H. M. aut suo certo Attornato Executoribus et Assignatis suis in festo c. Et si non fecero volo et concedo quod currant super me haeredes Executores et Administratores meoâ— Districtiones et poenae praemissae in statut â—dit in Parliament Domini Edwardi primi quondam Regis Angliae apud Acton Burnell pro debitis mercatorum Recuperand ' Dat. In English thus MEmorandum That R. T. of H. in the County of K. Esq such a day and year came before our Lord the King in his Chancery at Westminster personally constituted and then and there acknowledged That he did owe c. to E. F. of C. in the County of L. Gent. and S. H. of D. in the said County of L. Gent. c. five hundred pounds of lawful money of England to be paid to the said E F. and S. H. or to their certain Attorney Executors or Assigns on the Feast of St. c. next coming after the date of these presents And if he shall fail in the payment of the aforesaid summe of Money at the Feast aforesaid that then the said R.T. for himself his Executors and Assigns willeth and granteth That the said summe of money shall be levied of his Lands and Tenements Goods and Chattels to the use of the said E.F. and S. H. their Executors and Assigns Witness our said Lord the King at Westminster the day and year above mentioned And these kinds of Statutes although at first ordained and used for Merchants onely yet at this day it is and may be used by any others and it is become one of the most frequent and usual assurances in the Kingdom 2. The Staple doth signifie this or that Town whither the Merchants by common order and command do carry their Commodities as Wooll and the like to vent and utter by the great or whole-sale The Statute-Staple is either properly or improperly so called That which is properly so called is a Bond of Record acknowledged before the Mayor of the Staple in the presence of one of the two Constables of the same Staple and sealed with the Seal of the Staple and sometimes also with the Seal of the party which it seems is not absolutely necessary This was devised and used only for Merchants and Merchandizes of the same Staple and is founded upon 27 E. 3. Stat. 2. Co. super Litt. 289. But this now may be used by Merchants or any other for the payment of debts or assurance of Lands or other things and is of the same nature with the Statute-Merchant A Statute-Staple improperly so called is an Obligation of Record founded upon the Statute of 23 H. 8.6 and is in the nature of a Statute-staple and of the same force This is and may be acknowledged before one of the Chief Justices and in their absence before the Mayor of the Staple at Westminster and the Recorder
and Jury upon this Writ is called an Extent And if the Sheriff or Apprisors upon the Extendi facias over-value the Lands or Goods in favour to the debtor the Conusee hath no remedy but by motion in that Court where the Writ is returnable at the Return day or at least the same Term to desire that the Apprisors may take the Lands or Goods at the rate they have valued them in the same manner as the Corusee is to have them And a Sale made of Goods in this case by the Sheriff is as strong as if it were in Market-overt And when the Conusee is in possession of Lands by such an Extent as before then is he Tenant by Statute And after the Conusee is once setled in peace in the Lands extended he shall hold them till he be satisfied his debt and his reasonable costs and damages for travel suit delay and expence See for this Dyer 299. Co. 5.87 F.N.B. 130. Co. on Litt. 290. Co. 2. Part Inst 395 396. The proceedings upon the other kinds of Recognisances are after another manner For upon Recognizances at the Common Law if the money be not paid at the day the Conusee his Executor or Administrator is to bring a Scire facias against the Conusor or if he be dead against his heir when he is of full age or if the Lands the Conusor had at the time of entring into the Recognisance be sold against the Purchasors of them which the Conusor had at any time after the Recognisance entred into to warn them to come into the Court whence the Scire facias issued to shew cause why Execution should not be made upon the said Recognisance and if the party or parties cannot be sound to be warned or being warned do not appear at the time or appearing do not shew cause why the debt should not be levied In this case the Conusee shall have Execution of his moiety by Elegit or if the Conusor be living of all his Goods by Levari or Fieri facias at his Election but he may not have Execution of his Body unless he bring an Action of Debt upon the Recognisance as in this case he may do or it be by the course of the Court as it is in the Kings Bench on a Bayl wherein a Capias doth lye Dyer 315 360 366. The proceedings against the Sureties upon Statutes are to be in the same manner as the proceeding against the Principal And yet where the Principal hath moveables to satisfie the debt the Surety as it seems is not to be charged I will Illustrate this matter in the next place with some few Cases And first 1. Tenant by Elegit upon Judgments and Recognisances is to hold the Land until he be answered his debt without his costs and Mises c. But Tenant by Statute Merchant Statute-Staple or by Recognisance in nature of a Statute-Staple is to hold the Land c. untill he be paid his debt together with his Mises and Costs Co. 2. part Inst 678. 2. In case where Extenders upon Elegit or other Writ of Execution or upon a Recognisance in Court do extend the Land too high they shall not be forced to take it at the rate as the Extenders of Land for Execution upon a Statute-Merchant Staple or Recognisance in nature of a Statute-Staple shall be Bendloes Rep. 15. Co. on Litt. 290. Yelverton 55. 3. If one seised of White-acre Black-acre and Green-acre enter into a Statute or Judgment against him and then he enfeoffeth A. of White-acre and B. of Black-acre and keep Green-acre to himself in this case the Conusee or Plaintiff may have his Execution upon the moiety of Green-acre and not meddle with the other two Acres if he please but he may not in such case extend a moiety only in the hands of both the purchasors but he must extend a moiety in the hands of both the purchasors and of all the rest of the Land subject to the Execution for if he leave out any 〈◊〉 it the party grieved thereby will have his remedy and avoid the Execution by Audita Querela for where the Books say each purchaser shall have contribution in that case it is intended that such extent shall be avoided of that part and all the Land shall be extended and equally charged And so it is in this case where Green-acre shall descend to an heir there the Conusee may extend onely the moiety of this Acre in the hand of the heir and not meddle with the two Acres in the hands of the purchasors if he please But where there be two or more Conusors in a Statute c. there the Lands of them all and not of one of them are to be extended Co. 2. part Inst 396. 4. If two persons recover against one in debt severally and he that hath the first Judgment sues an Elegit and hath the moyety of the Land in Execution and then the other sues an Elegit In this case he that last sueth shall have but a moyety of the moyety that is left Cro. 3.482 5. If the Conusee on a Statute or Recognisance in nature of a Statute receive his whole debt by the Land yet may not the Counsor enter but where upon an Elegit he is satisfied there the Conusor may enter on his Land Co. 2. Part. Inst 600. In the last place I will give you the Statutes concerning this matter Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled a Writ of Execution shall be within the year so as the parties shall not need to plead c. Stat. de Acton Burnell 11 E. 1. A Debt acknowledged to a Merchant before the Mayor of London York or Bristol or before a Mayor or Clerk appointed by the King thereunto shall be enrolled And if the Debtor fail of his payment at the day the Debtee or his Executors may call for Execution and upon notice thereof to the Mayor and Clerk they shall cause his Chattels and Moveables to be sold as far as the debt doth amount by Apprisement of honest men and the money without delay shall be paid to the Creditor and in case they cannot sell them they shall cause so much of the moveables to be delivered to him as amounts to the debt and the Kings Seale shall be put to the sale and deliverance and if the Debtor have no moveables within the Mayors Jurisdiction then shall the Mayor send the Recognisance unto the Chancellor under the Kings Seal and the Chancellor shall thereupon direct a Writ to the Sheriff in whose Bayliffwick the Moveables of the Debtor be who shall proceed therein as the Mayor might have done if the Moveables had been in his power If the Apprizors set too high a value on the things that are to be sold they shall be compellable to take them at the same prices and shall
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