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A33563 The clerk's tutor for writing Written and engraved by Edw. Cocker. Hawkins, John, 17th cent.; Cocker, Edward, 1631-1675. Young clerk's tutor for writing. 1667 (1667) Wing H1174A; Wing C4832A; ESTC R2455 94,017 328

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R. D. Et illa remiserunt quiet clam de ipsis I. B. R.D. hered ipsius I. praedict R. B. hered suis inperpetuum Et praeterea iidem I. B. concesserunt pro se hered ipsius I. quod ipsi warrant praedict R. hered suis manerium tenementa praedict cum pertin contra omnes homines in perpetuum Et pro hac c. idem R.B. concessit praefat R. D. manerium tenementa praedict cum pertin Et illa ei reddidit in eadem Cur habend tenen eidem R.D. a festo Sti. Michaelis Archangeli quod erit in Anno Dom. 1563. usque ad finem terminum 21 annorum extunc proxime sequen plenarie complend Reddend inde annuatim praedict R. D. hered suis viginti septem libras sex solidos legalis monetae Angliae ad festa Sancti Michaelis Archangeli Annuntiationis beatae Mariae Virginis per equales portiones annuat solvend prima solutione inde fiend ad festum Sancti Michaelis Archangeli quod erit in Anno Dom. 1563. Et si contingat praed redd 27 l. 6 s. a retro fore insolut in parte vel in toto post aliquod festum festorum praed quo ut prefertur solvi debeat quod tunc bene licebit praefat R. D. hered suis in manerium tenementa praedict cum pertin intrare distringere districtionesque sic inde cap. habit licite abducere asportare effugar penes se retinere quousque de praed redd 27 l. 6 solid cum arreragiis ejusdem si quae fuerint plenarie fuerint satisfact persolut Concessit etiam idem R. B. praed I. B. reversionem manerii tenementorum praed cum pertin ac praed reddit superius expressum reservat ill eis reddidit c. Haben tenend eisdem I. B. hered ipsius I. de capitalibus dom feodi illius per servitia c. When the Parties come to acknowledge the Fines let all the Conusors set their Hands to it and then let the Commissioners ask them if they be willing to pass the Fine and read unto them the substance and then the Parties having made Recognizance accordingly write under the Record thus Capt. cognit apud Civitatem Cicestr in C.S. die c. Anno Regni Dom. Caroli secundi nunc Regis Angliae c. 16. coram And then let the Commissioners subscribe their Names which must be two at least Then write on the back of the Commission thus Executio istius brevis patet in quadam schedula eidem brevi annexa And let the Commissioners subscribe their Names there According to the Tenor of the Writ the Commissioners should set their Seals to the Concord which seemeth the best way although it be often omitted at this day If a married Woman be a Conusor the Commissioners are to examine her privately whether she be willing to pass the Fine and do it without Threats or Fear of her Husbands displeasure which if she confesseth the Commissioners ought not to take her Cognizance If all the Conusors cannot conveniently come to acknowledg the Fine at the same time the Commissioners may take the Cognisance of such as are present and the same Commissioners or others may take the Cognisance of the rest at another time and then write under the Concord thus Capt. cognit per supradictos A. B. apud C. in Com. S. primo die Julii Anno Regni Dom. Car. Secundi Regis Angliae c. decimo quinto coram Whereto the Commissioners must set their Hands as before and when the rest have acknowledged let them or other Commissioners named in the Dedimus write the like for the rest and let all the Commissioners who have taken the Fine set their Hands to the back of the Will Note That this Dedimus potestatem hath no certain Return so that if you execute it any time within a Year after it issued out it will be well enough Your Fine thus acknowledged you must File the Dedimus and Concord together and then carry it to the Cursitor for that County at the Cursitors Office in Chancery-Lane over against Lincolns-Inn who will thereupon make your Writ of Covenant which ought to bear Teste before the Dedimus because it is supposed by the Dedimus to be then depending but whether it be returnable before or after Caption of the Fine is not material though they usually make it returnable after the Caption Your Writ of Covenant thus made you are to carry to the Alienation-Office where you are to compound for your Fine according to the value of the Land with one of the Commissioners there sitting If all that is passed in your Fine be not worth forty shillings by the Year you must have one to make Affidavit of it before the Doctor there and then you shall pay no Fine for Composition Or if you know the value of the Land or the Purchase-Money you are to inform the Commissioners that they may rate the Fine accordingly If any Fine of the same Lands hath been passed not long before you are to shew that whereby you may perswade the Commissioners to tax it somewhat the less The Fine thus rated you must go in to the Receiver in the same Office and there pay the Fine of Composition and six pence over for entring in the Receivers Book and his signing the Writ But if the Fine were taken by my Lord Chief Justice of the common-Common-Pleas that six pence is not to be paid to the Receiver When you have paid the Fine you carry the Writ to one of the Clerks in the same Office that sits next Mr. Crew who doth indorse the Writ for which you pay four pence Then Mr. Crew 's Hand 4 pence To the Clerk that sits next by who enters it and hath six pence But if it be after Term a shilling Then get two of the Commissioners Hands to your Writ for which you pay nothing Having thus done at the Alienation Office you are to carry your Writ again to the Cursitor who writes under the Writ thus Pro dim marc solut pro Fine or otherwise as the Fine is and will then get it sealed for you for which when you fetch it away you pay him two shillings six pence and then he will deliver you your Concord and Dedimus again which you left with him at the bespeaking your Writ of Covenant Next you are to make your Warrant of Attorney in Parchment as followeth D. ss A. B. po lo. suo N. C. Attornat suum ad prosequend breve con versus C. D. E. uxorem ejus de tenementis cum pertin in F. You are to carry your Warrant of Attorney together with your Writ of Covenant to the Clerk of the Warrants who hath for filing the Warrant and signing the Writ four pence Next you are to carry your Writ to the Office called Iones's Office in Brick-Court Middle-Temple who
will return your Writ and enter it and hath for that one shilling six pence Note For more expedition you may return your Writ your self before you carry it to the last mentioned Office it is done thus Towards the upper end of the back of the Writ pleg de pros Iohannes Doe Richardus Roe Towards the Middle Sum. Iohannes Denn Richardus Fenn Towards the bottom the Sheriffs Name A. B. Miles Vic. Note It must be the Sheriff that was in Office when the Writ was returnable Having gone thus far you are to file your Writ of Covenant Dedimus and Concord together and carry them to the Office of Custos Brevium where the Secondary or his Clerks will enter it in his Book and endorse the Writ for which you pay three shillings eight pence from thence you carry it to the Kingsilver-Office in Lincolns-Inn where the Fine for the value of the Land is entred for which you pay in Sussex fourteen pence Surrey ten pence most of the Western Counties eighteen pence c. Hence you are to carry it to the Secondary at the Ciropraphers Office who enters it in his Book and hath for it in Term-time five shillings eight pence after Term six pence more Then are you to deliver it to such of the Clerks of the same Office who write for the County where the Lands lye who will engross the Indentures of your Fine which when you fetch from him some convenient time after he will demand of you three shillings six pence if it be with one warranty onely otherwise six pence a piece for every warranty more How justly these Clerks demand this Fee of three shillings six pence I know not formerly they never received more then two shillings six pence And thus have I led you through the several Offices where your Fines pass At many of which you shall be enforced to wait long and often to go and come again two or three dayes after the Clerks hoping thereby to extort somewhat out of you for expedition which I conceive Non expedit for you cannot justly demand it of your Clyent It is best therefore to begin with your Fines as soon in the Term as you can which will save you many post Terminums Note You may acknowledg a Fine in open Court or before the Lord Chief Justice of the Common Pleas out of Court or before any other Judg of that Court or before the Justices of Assize in the Country as well as by special Dedimus potestatem And if you can conveniently have it acknowledged any of those ways it will be less charge to the Clyent The Lord Chief Justice of the common-Common-Pleas may ex officio out of Court take the acknowledgments of Fines without any Dedimus c. but none other if therefore you are to acknowledg it before him you must draw out the Praecipe and Concord fairly in Paper and let the Conusors set their hands to it then go to my Lords Chamber and deliver your Concord to him who the Parties being ready will take their Acknowledgments for which you pay eleven shillings eight pence and my Lord himself will keep the Concord thus made in Paper and you are to go to his Clerk some time after who will engross it in Parchment and get my Lords hand to it which when you have from him you are to go on through the several Offices as before Note For more expedition you may engross your Concord in Parchment before you go to acknowledg the Fine and then have my Lords Hand to it at the same time when you carry your Concord in Paper which my Lords Clerk will better like and will be less trouble to you If you acknowledg a Fine before any other Judg you must go with your Concord in Paper as before and then after the Fine acknowledged you may sue out a general Dedimus potestatem directed to that Judg that took the Fine which if you carry to his Clerk he will engross the Concord upon the back of the Dedimus and get the Judges hand to it for which besides the Judges Fee you pay his Clerk sixteen pence and no more if it be a Fine in several Counties Thence are you to proceed as before is directed An ordinary Lease of a House in London THis Indenture made the c. between I.H. and M. his Wife c. of the one Part and R. M. of c. of the other Part Witnesseth That as well for and in consideration of the sum of c. As also in consideration of the Rents and Covenants hereafter in these Presents mentioned on the part and behalf of the said R. M. his Executors and Assigns to be paid done and performed Have and either of them hath demised granted and to ferm let unto the said R. M. all that Messuage or Tenement c. and all and singular Shops Cellars Sollers Chambers Rooms Lights Easements Water-courses Commodities and Appurtenances whatsoever to the same Messuage or Tenement belonging or appertaining together with the use of all and singular the Goods and Implements Partitions and other things remaining and being in or about the same Messuage or Tenement mentioned in a Schedule or Inventory indented hereunto annexed except and always reserved out of this present Demise Lease and Grant all that c. To have and to hold the said Messuage or Tenement and all and singular other the Premisses except before excepted unto the said R.M. his Executors Administrators and Assigns from the 24 day of Iune next ensuing the date of these Presents unto the full end and term of 31 years from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly and every year during the said Term the yearly Rent or Sum of 30 l. of lawful Money of England at the four most usual Feasts Days or Terms in the Year hereafter mentioned that is to say The Feast Dayes of St. Michael the Arch-Angel the Birth of our Lord God the Annuntiation of the blessed Virgin Mary and the Nativity of St. Iohn the Baptist by eaven and equal portions And the said R.M. for himself his Executors Administrators and Assigns and every of them doth Covenant Promise and Grant to and with the said I.H. and M. his Wife and the Heirs and Assigns of the said I. H. by these Presents That he the said R. M. his Executors Administrators and Assigns shall and will well and truly pay or cause to be paid the said yearly Rent of 30 l. before hereby reserved at the Dayes and Times before herein limited for payment thereof during the said Term. And also shall and will from time to time and at all times during the said term of 31 years hereby demised as often and when as need shall be or require at his and their own proper Costs and Charges well and sufficiently repair uphold support sustain glaze amend and maintain the said Messuage or Tenement and all and singular other the Premisses with the Appurtenances