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

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Witnesses at the least give limit ordain and appoint And from and after the end expiration surrender or other determination of the said term or terms of ten year And as they shall severally end and determine to the use and behoof of such person and persons and for such Estate and Estates as the said J. F. shall by his last Will and Testament in Writing in the presence of three Credible Witnesses or more limit appoint and declare and in default of such limitation appointment or declaration to the use and behoof of c. Provided always c. here may follow a power in J. F. to make Leases c. reserving the accustomed Rent c. J. F. being a Tenant in Fee and by Curtesie of Lands c. the Reversion of part thereof to P. F. his Son J. F. and P. covenant to levy a Fine and Recovery to the use of himself and Son for Life with divers Limitations in Tail and power in P. F. to make Leases for Portions for his Daughters and also 1500 l. to be paid to S. F. the second Son of J. F. c. THIS Indenture Tripartite made c. between J. F. of c. and P. F. Son and Heir Apparent of the said J. F. and R. F. deceased late Wife of the said J. F. and sole Daughter and Heir of E. D. of c. deceased of the first part R. C. and C. R. of the second part and C. D. and J. V. of the third part Whereas the said J. F. is seized in his Demesn as of Fee of some part of the Mannor Lands c. hereafter mentioned and is also seized for term of his Life as Tenant by the Curtesie of England of other the Mannors Messuages c. hereafter specified the Reversion whereof in Feesimple being descended by and after the decease of the said R. F. unto the said P. F. Now to the intent and purpose that the Mannors c. hereafter mentioned and expressed may be established vested and setled in and unto the said J. F. during the term of him Natural life and after his decease upon the said P. F. and upon his Name Stock and Posterity and to such other uses as are hereby appointed It is covenanted condescended concluded and fully agreed by and between the said parties to these presents And the said J. F. and P. F. do for themselves their Heirs Executors and Administrators covenant promise grant and agree to and with the said R. C. and C. R. their Heirs Executors and Administrators and to and with every of them by these presents That they the said J. F. and P. F. shall and will on this side and before the end of Hillary Term now next ensuing in due form of Law by one Fine with Proclamation to be levied before the Justices of our Sovereign Lord c. of his Majesty's Court of Common Pleas at Westminster between the said D. C. and J. V. Plaintiffs and the said J. F. and P. F. Deforceants recognize and acknowledge all those Mannors of A. B. C. and D. with the appurtenances lying and being in B. in the County of S. in which the said J. F. and P. F. or either of them have or heretofore had any Estate of Inheritance in possession or reversion or remainder with all and singular the appurtenances thereof by some name or names c. in the said Fine to be contained to be the right of the said D. C. as those which they the said D. C. and J. V. have of the gift of the said J. F. and P. F. and the same shall thereby remise and quit claim from the said J. F. and P. and theirs Heirs to the said D. C. and J. V. and to the Heirs of the said D. C. for ever And moreover shall by the s●id Fine warrant the said Mannors c. with the Appurtenances unto the said D. C. and J. V. and the Heirs of the said D. C. against them the said J. F. and P. F. and their Heirs for ever Which said Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged shall be and enure and shall be deemed adjudged esteemed reputed and taken to be and enure to the use of the said D. C. and J. V. and their Heirs to the end intent and purpose that they the said D. C. and J. V. may become perfect Tenants of the Freehold of the said Mannors c. whereby one or more perfect Common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following For which intent and purpose it is covenanted and agreed by and between the said parties to these presents That it shall and may be lawful to and for the said R. C. and C. R. to bring pursue and prosecute against them the said D. C. and J. V. one or more Writ or Writs of Entry sur disseizin en le post of and for the said Mannors c. with their and every of their Appurtenances whereby the said R. C. and C. R. shall demand the c. against them the said D. C. and J. V. to which Writ the said D. C. and J. V. shall appear personally or by Attorny and after defence made shall vouch to Warranty the said J. F. and P. F. who shall likewise appear and enter into the Warranty and vouch over the Common Vouchee who shall likewise appear and enter into the Warranty and after make default to the end that a perfect Common Recovery with double Voucher may be had and executed according to the course of Common Recoveries to be had and executed of the c. with the Appurtenances which said Recovery so as aforesaid or in any other manner to be had and all other Common Recoveries Fines Feoffments Conveyances and Assurances in the Law whatsoever since the decease of the said R. F. had made levied suffered acknowledged or executed or to be had made levied suffered acknowledged or executed by or between the said parties to these presents or any of them or whereunto they or any of them shall be parties of for and concerning the said c. or any of them or any part or parcel of them shall be and enure and shall be adjudged deemed reputed to be and enure to the uses behoofs intents and purposes and with upon and under such Proviso's Conditions Powers and Limitations as are hereafter on and by these presents mentioned declared limited and appointed that is to say for and concerning the said Mannor of A. and B. c. with the general words to the said P. F. for and during the Term of his Natural Life without impeachment of or for any manner of waste and with full power to do or commit waste And for and after the decease of the said P. E. to the use and behoof of the said J. F. for and during the Term of his Natural Life And from and after the decease of the said J. F. and P. F. to
distrain both for the Annuity aforesaid and the arrearages thereof if any be and the distress and distresses then and there found and taken to keep and detain until the said Annuity and all Arrerages thereof shall be fully satisfied contented and paid unto the said R. C. his c. And the said J. F. for himself c. that the said J. F. his c. shall and will from time to time and at all times during the said Term of c. well and truly pay or cause to be paid to the said R. C. his c. or some of them the said Annuity or yearly Rent of c. in manner and form aforesaid according to the true intent and meaning of these presents In witness c. A Grant of a Reversion THis Indenture made c. Between J. F. of c. of the one part and R. C. of c. of the other part witnesseth That the said J. F. for and in consideration of the Sum of c. hath granted bargained sold and by these presents doth fully clearly and absolutely grant bargain and sell unto the said R. C. his Heirs and Assigns for ever all that his right title use interest reversion and remainder of and in all and singular c. now or late in the tenure or occupation of c. which said Messuage and other the Premisses with the appurtenances J. F. hath should or ought to have by and after the decease of A. B. Brother of the said J. F. which said Messuage c. R. B. Father of the said A. B. deceased by his last Will and Testament Devised willed and bequeathed unto the said A. B. for and during the natural life of the said A. B. and the immediate reversion or remainder thereof to the said J. F. and his Heirs for ever Together with all Deeds Evidences Charters Rescripts Writings and Minuments which he the said J. F. or any other to his use or by his consent or delivery have or hath touching or concerning the said Messuage c. or any part thereof All and singular which said Deeds Evidences Charters c the said J. F. hath already delivered unto the said R. C. at and before the ensealing and delivery of these presents To have and to hold the said reversion and remainder and all Estate Right Title Interest c. of the said J. F. of in and to the said Messuage c. before by these presents bargained and sold or meant mentioned or intended to be hereby granted bargained and sold and every part thereof immmediatly from and after the decease of the said A. B. unto the said R. C. his Heirs and Assigns for c. And the said J. F. for himself c. That the said J. F. at the day of the date of these presents is lawfully and solely seised of and in the reversion and remainder of the said Messuage c. immediately from and after the decease of the said A. B. of a true and perfect Estate of Inheritance in the Law in Fee to his own use without any manner of Condition Mortgage or Redemption And further that the said reversion or remainder of the said Messuage c. from by and after the decease of the said A. B. and at the day of the date hereof are and be and so at all times from henceforth shall be and continue free clear and clearly acquitted exonerated and discharged and saved harmless by the said J. F. his Heirs Executors and Administrators of and from all and every former and other Bargains Sales Gifts Grants Leases Statutes Merchant and of the Staple Recognisances Jointures Dowers Wills and Rents and of and from all and all manner of incumbrance or demand whatsoever had made committed or done by him the said J. F. or by any other person or persons by his authority or procurement In witness c. An Assignment of Dower THis Indenture made c. Between R. L. Son and Heir of C. L. late of S. in the County of S. of the one part and N. C. and J. his Wife who was the relict of the said O. L. of the other part Whereas the said O. L. in his life and at the time of death was seised in his demesne as of Fee of and in divers Lands and Tenements in Y. and W. in the County aforesaid which upon the decease of the said O. L. descended unto the said R. L. Now this Indenture witnesseth that the said R. L. hath endowed and assigned and by these presents doth endow and assign unto the said N. C. and J. his Wife the third part of all the said Lands and Tenements to wit c. All that Messuage To have and to hold unto the said N. C. and J. his Wife for and during the natural life of the said J. in severalty by Meets and Bounds in the name of Dower and in recompence and satisfaction of all the Dower which the said J. ought to have of or in the said Lands and Tenements which were of the said O. L. in Y. and W. aforesaid In witness c. An Assignment of several Bonds to a Trustee for a Widow with consent of her intended Husband that the Mony be at her dispose after Marriage THIS Indenture Tripartite made c. Between J. D. of c. of the first part S. G. of c. of the second part and O. W. of c. of the third part Whereas J. T. of c. did heretofore by one Writing Obligatory become bound unto the said S. G. in the penal sum of 40 l. bearing date the 29th day of October 1601. with Condition to be void upon payment of 20 l. 10 s. on the first day of April then next following And also by one other Obligation bearing date the 18th day of October 1690. is and standeth bound unto the said S. G. in the penal sum 240 l. with condition to be void upon Payment of 123 l. of lawful Mony on the 19th day of April then next following And whereas A. T. of c. is likewise by one Obligation bearing date the 7th day of June bound unto the said S. G. in the penal sum of 10 l. conditioned for the payment of 51 l. on the 13th day of November then next following And also by one other Obligation is and standeth bound unto the said S. G. bearing date the 10th day of February 1689 in the penal sum of 20 l. with condition to be void upon payment of 10 l. 5 s. upon the 11th day of August then next following Which several Principal Monies in the several Conditions of the above-recited Obligations amount unto the sum of 200 l. relation to which said recited Obligations and the Conditions thereof being had may more fully appear and are yet due and owing unto the said S. G. Now this Indenture witnesseth That a Marriage being intended by the grace of God shortly to be had and solemnized between the said J. D. and S. G. in consideration whereof amongst
or less lying and being in the Parish of St. Peters the Great in the County of Sussex and also all Lops and Shreds of all such Trees being within the said Wood called Broyle Wood as have been usually lopped at the felling of the Underwood growing within the said Wood Except and always out of this present Sale reserved unto the said J. F. his Heirs and Assigns the Bodies and Trunks of all manner of Trees whatsoever other than Underwood the Lops and Shreds of such Trees as have been usually lopped growing or being in or upon the same Wood or any parcel thereof To have and to hold the said Underwoods Lops and Shreds before by these presents bargained and sold Except before excepted unto the said R. C. his Executors Administrators and Assigns to his and their own proper use and behoof for ever And the said J. F. doth convenant promise and agree to and with the said R. C. his Executors Administrators and Assigns that it shall and may be lawful to and for him them or any of them peaceably and quietly to have hold take and enjoy the said Underwoods and to enter into the said Wood and every part thereof there to fell hew and cut down all and singular the said Woods Underwoods and Hedge-rows at seasonable times in the year from the day of the date hereof until the c. and the same so fell'd hew'd and cut down with his and their or any of their Carts and Carriages to carry and convey from thence to any other place or places at his and their liberty and pleasure at all times during the space of three years by all convenient ways thereto now used and accustomed without any let or hindrance of or from him the said J. F. his Executors Administrators or Assigns And the said R. C. for himself his Executors and Assigns doth covenant agree to and with the said J. F. his Executors Administrators and Assigns That he the said R. C. his Executors and Assigns shall and will at every felling which he or they shall make of the said Woods Underwoods and Trees leave standing and growing in and upon the premisses so many competent and sufficient Standards Staddels and Stories as by the Statute is and ought to be left and also shall and will at his and their own proper costs and charges make good all the Hedges and Fences about the young Sprigs of the said Wood for the safe keeping thereof from the hurt and spoil of Beasts and Cattle according to the custom of the Country there In witness c. A Devise of Lands for Life with a Remainder in Tail And also a Bequest of a Term for years with a Trust to assign to an Infant IN the Name of God Amen I W. B. of the Parish of St. Bartholemew near the City of Chichester in the County of Sussex Yeoman do make and declare this my last Will and Testament in manner and form following that is to say First I bequeath my Soul into the Hands of Almighty God believing Remission of Sins and Everlasting Life by the Merits Death and Passion of Jesus Christ my Lord and only Saviour Item I give and devise unto my Son J. B. all that my Freehold Land lying in a Field called Scutteriefield near the said City to hold unto the said J. for Term of his Life and after his decease to A. Daughter of the said J. and the Heirs of the said A. for ever Item I give and devise unto the said J. B. all other my Freeholds Lands and Tenements whatsoever To hold unto the said J. for Term of his Life and after his decease to J. B. my Grandfor and the Heirs of the said J. my Grandson for ever Item I give and bequeath unto the said J. B. my Son all that my Land lying in the said Scutteriefield which I hold by Lease of the Dean and Chapter of Chichester together with the said Lease and all my Estate and Term therein upon this Trust and Confidence that with the Rents and Profits thereof my said Son shall from time to time every 7 years during his Life renew the said Lease and the residue of the said Profits shall have and take to his own use And that after his decease the said A. his Daughter shall have and enjoy the said Lands and the Lease thereof And that the Executors or Administrators of the said J. my Son immediately after the death of my said Son shall assign over the said Land holden of the said Dean and Chapter And all their Term therein unto the said A. her Executors Administrators and Assigns Item I give and bequeath unto E. and M. Daughters of the said J. my Son Twenty Pounds a piece Item I give and bequeath unto J. my now Wife sufficient Meat Drink Washing and Lodging to be provided and allowed to her by my Executors for the space of half a year next after my decease or in lieu thereof Five Pounds in Mony at the Election of my said Wife Item I nominate and appoint the said J. my Son to be Executor of this my Will to whom I give all the rest of my Goods and Chattels after my Debts Funeral Expences and other Legacies first paid and discharged In witness whereof I have hereunto set my Hand and Seal the 26th of March in the year of our Lord 1677. Signed sealed and published in the presence of _____ A Protection by a Member of Parliament FOrasmuch as I have special occasion to imploy the Bearer hereof R.C. my Servant in and about my Business and Occasions during this present Session of Parliament These are therefore to will and require you to forbear to arrest attach or imprison him the said R. C. but to permit and suffer him peaceably and quietly to go about his Business at his will and pleasure during this present Session without any Suit Arrest or disturbance as you will answer the contrary at your peril Given under my Hand and Seal c. A Revocation of a Protection WHereas I F. J. have granted a Protection under my Hand and Seal unto R. C. bearing date on or about the c. last past to endure for the time of this present Parliament Now these presents witness That for divers good Causes and Considerations me moving I do hereby revoke annul and make void the said Protection to all intents and purposes whatsoever so as the said R. C. shall not from henceforth have any benefit priviledge or advantage thereby but be therefrom utterly debarred and excluded for ever by these presents In witness c. A short single Bill for payment of Mony KKow all Men by these Presents That I R. C. of c. do own unto J. F. of c. 10 l. of lawful Mony of England to be paid unto the said J. F. his Executors Administrators or Assigns on the 10th day of March next ensuing the date hereof To which payment well and truly to make I bind my self my Heirs and
Plaintiffs and the said R. C. and C. his Wife Deforceants recognize and acknowledge all that c. situate lying and being c. in which the said R. C. and C. his Wife or either of them have or heretofore had any Estate of Inheritance in Possession Reversion or Remainder with all and singular the Appurtenances thereof by some Name or Names or Contents and Numbers of Acres in the said Fine to be contained to be the Right of the said J. F. as those which the said J. F. and F. J. have of the Gift of the said R. C. and C. his Wife And the same shall thereby remise and quit-claim from them the said R. C. and C. his Wife and their Heirs to the said J. F. and F. J. and the Heirs of the said J. F. for ever And moreover shall by the said Fine warrant the said c. unto the said J. F. and F. J. and the Heirs of the said J. F. for ever See a Declaration of the Uses with such other Covenants as the Case requires A Covenant to levy a Fine more brief THis Indenture made c. Between R. C. and C. his Wife of the one part and J. F. of the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said parties to these Presents and the said R. C. for himself his Heirs Executors and Administrators and for the said C. his Wife doth covenant and grant to and with the said J. F. his Heirs Executors and Administrators That he the said R. C. and C. his Wife shall and will before the end of next Hillary Term before the Justices of his Majesty's Court of Common-Pleas at Westminster acknowledge and levy one Fine Sur Cognizance de droit come ceo que il ad de lour done c. with Proclamations according to the form of the Statute in such case had and provided to the said J. F. of all c. by such Name and Names Quantities and Numbers of Acres as by the said J. F. or his Council learned in the Law shall be reasonably devised advised or required A Covenant to levy a Fine by several persons having separate Interests THis Indenture made c. Between R. C. of the first part C. R. of the second part J. F. of the third part and F. J. of the fourth part Whereas the said R. C. is seised in his demesne as of Fee of and in one parcel c. And whereas the said C. R. is likewise seised in his demesne as of Fee of and in one Messuage c. which he lately purchased of one A. B. And whereas the said J. F. is likewise seised in his demesne as of Fee of and in ten Acres of arable Land c. which he the said J. F. lately purchased of one B. A. And they the said R. C. C. R. and J. F. being severally so seised of the Premisses aforesaid Now this Indenture witnesseth That it is covenanted concluded and agreed by and between all the said parties to these presents That they the said R. C. C. R. and J. F. shall before the end of Hillary Term ensuing the date of these Presents in due form of Law levy and acknowledge one Fine Sur Cognizance de droit come ceo c. with Proclamations according to the Statute in that case made and provided before the Justices of his Majesty's Court of Common Pleas at Westminster to the said F. J. and his Heirs of all and singular the Premisses with the Appurtenances by such Name or Names c. And that the said Fine so to be levied shall be and enure and shall be deemed construed and taken so to be and enure And the said F. J. and his Heirs shall by virtue thereof stand and be seised of and in all and singular the said Premisses with their and every of their Appurtenances to the several uses hereafter mentioned and declared in manner and form following That is to say of and in the said parcel c. called or known by the name of S. with the Appurtenances to the only use and behoof of the said R. C. and his Heirs And of and in the said Messuage c. to the use and behoof of the said C. R. and his Heirs And so for the rest A Covenant to levy a Fine in a Court of Ancient Demesne THis Indenture made c. Between R. C. of the one part and C. R. of the other part Whereas the said R. C. is the day of the date of these Presents lawfully seised of an Estate of Inheritance to him and the Heirs Males of his Body of and in divers Lands c. within the Liberty of R. in the County of S. hereafter in these presents particularly mentioned Now this Indenture witnesseth That the said R. C. for divers Causes and Considerations him hereunto moving And for the setling c. doth for himself and his Heirs covenant grant and agree to and with the said C. R. his Heirs Executors and Administrators by these Presents That he the said R. C. at his own proper Costs and Charges shall and will in due form of Law before c. next ensuing the date of these Presents acknowledge and levy one Fine in the Court of Ancient Demesne within the said Liberty of R. according to the Course and Common usage for levying of Fines for Lands and Hereditaments within the said Liberty unto the said C. R. of all c. by the Name of c. or by such other Name or Names as shall be thought meet c. A Covenant to levy a Fine with a render of an Estate for years THis Indenture made c. Between R. C. and C. his Wife of the one part and J. F. of the other part Witnesseth That for divers good Causes and Considerations it is covenanted granted concluded and agreed by and between the said parties to these presents for them their Heirs Executors and Administrators that before the end of Hillary Term next ensuing the date hereof at the costs and charges of the said J. F. his Executors and Administrators one Fine with Proclamations in due form of Law shall be levied and acknowledged between the said parties to these presents in manner and form following of one Messuage c. in and by which Fine the said J. F. shall remise release and quit-claim from the said J. F. and his Heirs unto the said R. C. and C. his Wife and the Heirs of the said R. C. all his Right Title Estate and Interest of in and to the aforesaid c. with the appurtenances from which remise release and quit-claim the said R. C. and C. his Wife shall by the said Fine Render the said Messuage c. with the appurtenances unto the said J. F. his Executors Administrators and Assigns To have and to hold the same unto the said J. F. his Executors Administrators and Assigns from the Feast of St. Michael the Archangel now last past for and during and