The compleat clark, and scriveners guide. Containing exact draughts and presidents of all manner of assurances and instruments now in use: as they were penned and perfected by divers learned judges, eminent lawyers, and great conveyancers, both ancient and modern. Whereunto is also added a concordance of years, from the time of King Richard the third untill this present; very usefull for conveyancers and others. With an exact alphabeticall table, whereby any of the said presidents may be easily found out.

AWARDS.

An Award in a Controversie between parties concerning the Admi∣nistration of a Deceased's Goods.

TO all to whom this present Writing Indented of Award shall come, H. T. Stationer, W. N. Stationer, A. H. Draper, I. H. the elder, Stationer, L. H. Stationer, & I. H. Habadasher, Cit of L. send greeting; Where heretofore strife & variance have been moved between A. C. Widow, late wife of I. C. late Citizen and Stationer of L. decea∣sed, on the one party, and G. C. Son of the said I. C. on the other par∣ty, for and concerning the Goods and Chattels wherof the said I. C. dyed possessed intestate; And for and concerning the right of the Ad∣ministration, of the Goods Chattels and Debts of the said Intestate: And wheras for the appeasing of the strife and variance aforesaid, and for a finall quietness to be had between the said parties, they of their mutuall assents and consents, did choose us the said H. T. &c. Arbitra∣tors, to arbiter Award, and judge, of, for, and upon all and all manner of Actions, Suits, Quarrels, Strifes, Trespasses, Debts, Debates, Ac∣counts, Variances, Transgressions, Offences, Goods, Chattels, Wares, Plate, ready money, Claims, and all other Demands whatsoever, which at any time or times between the said parties, before the 15. day of this present moneth of Iuly, have been, had moved, strived, or depending in Suit or Controversie, so as our Award, Arbitrement, Ordinance, and Judgment in and upon the Premisses, be made and given up in Writing, before the 22 day of this present month of July, as by the severall Obligations of the said parties, bearing date the said 15. day of this present month of July, wherin either of the sa••d parties stand bound to the other in 500 l. of &c. and the cond••tions severally indorsed up∣on the same Obligations will appear.

And wheras we the said Arbitrators have taken upon us the charge of the same Arbitrement, and have heard, examined, and plainly do perceive and understand the Controversies and causes of variance be∣tween the said parties, and have therupon treated with the said parties, and have by our travell brought them to a good accord and agreement. Now by their own speciall means, and by their mutuall consents and requests, we do therof make and give up by this present Writing, our Award, Arbitrement, Ordinance, and Judgment, in manner and form as followeth.

First we do award, arbiter, ordain, and judge by these presents: That the said A. C. shall clearly and freely, on or before the 27. day of this present month of Iuly, yeild and deliver to the said G. C. as well one Bed-stead, a Trundle-bed, a Press, or Table, and the Hangings in the Chamber, where the said I. C. dyed. As also all the Goods and Chattels which were of the said Intestates at the time of his decease, comprised and mentioned in the Inuentory, made of his Goods and Chattels, by such as were appointed to praise the same, unto the which Inventory the said Praisers have subscribed their names, except such of the said Intestates Books as have been sold since the time of his death, in the Shop of his Mansion house wherin he dyed, or otherwise have been taken from thence without the knowledge of the said A. And except such other thing not exceeding the value of 5 l. of the Goods and Chattels aforesaid hapning to be imbezilled or taken away, with the consent, knowledge, or procurement of the said A. for all and singu∣lar which the sa••d Books and other things so being sold as aforesaid, we do award that the said A. shall content and pay to the said G. the full value therof, and of every part therof, as the same are rated and prised in the Inventory abovesaid.

And further we do award, arbiter, or ordain, and judge by these pre∣sents, that the said A. shall also before the said 27. &c. upon lawfull re∣quest by the said G. to be made, deliver unto the said G. C. all Leases and Writings which were of the said J. C. at the time of his decease, which are come to the hands or possession of the said A and especially the Lease of the Mansion house wherin the said I. C. died; And the lease of the Yard therunto adjoyning, and the Lease of those two new houses, lately being in the tenure of the said J. H. and of one G. B. Sta∣tioner: And the Lease of the house now or late in the severall tenures of R. I. T. S. and A. B. and of other things mentioned in the same Lease, and the Lease of the houses, now or late in the severall tenures of the said A. H. and R. P. and others, and the Lease of the Garden, which the said I. C. occupied, lying over against the late Charter-house, in the Suburbs of L. And the Lease of the Vault under P. Church, and all Writings and Conveyances touching the same, which came to the hands of the said A. And we the said Arbitrators do moreover award &c. That the said A. sha••l forthwith give her consent, and still from thence∣forth agree, permit, and suffer, that the said G. shall and may have the sole Administration of all the Goods, Chattels, and Debts, which were of the said I. C. his Father, at the time of his decease.

And also we do further award &c. That the said G. and the said G. B. and J. H. joyntly and severally before the 27. day &c. shall make, seal, and deliver as their Deed to the said A. at the now Mansion house of the said H. T. five severall Obligations sufficient in the Law, wherin they shall joyntly and severally stand bound to the said A. for the pay∣ment

of 350 l. of lawfull &c. well and truly to be paid to the said A: or her Executors, at the said now Mansion house of the said H. T: in form as followeth; for a full satisfaction and recompence of all such part and portion as the said A. should or might have, of all the Goods and Chattels which were of the said I. C. which are specified in the said Inventory, or in these presents, the bond or penalty of the first of the said Obligations to be of 120 l. for the payment of 100 l. at or before the Feast of Saint Bartholmew the Apostle, next &c. the second to be of &c. the third &c. and the fourth to be &c. for payment &c. in the Feast &c. in full payment of the said sum of 350 l. And also we do a∣ward, that if at any time hereafter, any more or further Debt or Debts shall be demanded, and without fraud or covin lawfully recovered by Judgment or decree against the said B. his Executors or Administrators being due or owing to the said I: C. over and beyond those debts mentioned set down & expressed in a Scedule indented to these presents annexed, amounting together to the sum of 321. 6 s. 2 d. That then the said A: her Executors and Administrators, shall upon reasonable request, allow, content, and pay to the said G: his Executors or Ad∣ministrators, toward the payment of all and every debt and debts so to be recovered, over and beyond the said debts amounting to the said sum of 321 l. 6 s. 2 d. three parts of the same debt so to be recovered, in seven parts to be divided, together with the like three parts into parts to be divided, of all such costs and charges, as the said G: his Executors or Administrators, shall reasonably sustain in or about the defence, in any Suit or Action to be brought against the said G. his Executors or Administrators, upon the demand of any such Debt or Debts which was owing by the said J: C: and being none of the Debts con∣tained in the said Scedule above specified.

And further we do award, that the said G: after the delivery and yeil∣ding up of such the Goods, Chattels, Leases, or Writings, as are before limited, appointed, or awarded, to be yeilded up and delivered by the said A: or any of them, shall make and deliver unto the said A: or her Assigns, a sufficient acquittance or other sufficient Writing, under his hand and seal, of all such Goods and Chattels, Leases and others so to be received or delivered as aforesaid.

And further we do award and judge by these presents, that the said G. and his Executors, without his or their claim or molestation, shall permit and suffer the said A: to have and enjoy to her own use, as well all the wearing Apparrell belonging to her body, as also all that Furni∣ture of her loding Chamber, Jewels and Rings of Gold, Stone and Plate hereafter particularly mentioned in these presents, that is to say, In witness &c. Dat.

An Award between Executors at strife about their Testators goods.

TO all to whom this present Writing of Award indented shall come H. K. sendeth greeting in our Lord God everlasting, wheras lately heretofore Suit and Variance was had and moved, between R. K. &c. on the one party, and G. K. &c. on the other party, for and touching the Execution of the last Will and Testament of one C. P. late of L. widow deceased, ordained and made the said R. and G. her Exe∣cutors of her said last Will and Testament for the final ending wherof, and of all other controversies betwixt the same parties they have sub∣mitted themselves to the Award arbiterment and Judgment of me the said H. K. in such sort and maner as by several Obligations of 50 l. a peece in that behalf made by either of the said parties to the other of them dated &c. with their several conditions upon them endorsed plainly may appear. The charge and business of which said Award and Arbitrement I the said H. K. have taken upon me▪ and have through∣ly heard and considered of all the Controversies between the said par∣ties and of their Allegations, Declarations and Answers on both sides. And now I do by these presents make and give up mine Award, Ar∣bitrement, * 1.1 final End, Order and Judgment, of, and upon the same pre∣misses between the said parties in form &c. viz: First, I do Award, Order and Judge by these presents, that the said G. K. and his Execu∣cutors shall permit and suffer the said R. K. to have, and enioy to his own use that mourning Gown and Hood which he had after the de∣cease of the said C. P. against her Burial. And also that the said G. his Executors Administators or Assigns, shall on the tenth day &c. be∣tween the hours &c. pay, or cause to be paid to the said R K. his cer∣tain Atturney Executors or Administrators, at the now dwelling house of &c. the sum of &c. and then and there also shall clearly and freely give and deliver to the said R. his Executors Administrators or Assigns, two Pots and a Goblet of Silver and guilt, poize 29. ounces, which late was of the said C. P. And I do further Award &c. that the said R. his Executors or Administrators shall not at any time hereafter, either deale or intermeddle with the Execution of the last Will and Testa∣ment of the said C. P. or claim, take or challenge any of the goods or chattels which were of the said C. other then only the Pots and Goblet aforesaid, or receive, take, acquit and discharge any debt or duty which was owing and growing towards the said C. whilst she lived. And also that the said R. K. his Executors Administators and Assigns, from time to time, and at all times hereafter shall agree permit, and suffer that the said G. his Executors and Administrators, shall, and may peaceably

and quietly have and take, and by all lawful means, recover and enjoy, all and singular the goods, chattels and debts which were of the said E. at the time of her decease other then only the said Pots and Goblet without any Let, Claime or Impediment of the sald R. his Executors or Administrators.

And also that the said R. his Executors or Assigns upon pay∣ment and delivery to him or any of them made of the sum of Money, Pots and Goblet aforesaid, in form aforesaid shall deliver or cause &c. to the said G. K. his Executors or Administrators, one sufficient ac∣quittance testifying the receit of the same Money, Pots and Goblet. And moreover I the said H. do herby Award &c. That the said G. his Executors Administrators, at the only costs and charges of the said G: his Executors or Administrators, shall well and sufficiently at all times hereafter upon reasonable request to him or them to be made by the said R. his Executors Administrators or Assigns, save and keep harmless the same R. his Executors and Administrators, of, and for all, and all man∣ner Actions, Suits, Costs, Damages, Judgments, Executions and De∣mands which shall be had or brought against the said R. his executors or administrators, by reason or means that the said R. did take upon him to be Executor of the said Testament of the said C. and also that the said G. shall pay for the Drawing and Ingrossing of these Presents to the Writer thereof 5 l. of &c. And lastly, I Award &c. that either of the said parties their executors and administrators for their several parts shall from henceforth surcease from all further Suit and Suits and quarrels in Law whatsoever for any matter between them two had stirred or depending at any time before the &c. date of the said Obliga∣tions to stand to this Award &c. In witness &c.

The Forme of an Action Indented.

TO all true christian people to whom this present awarded Inden∣ture shall come, A. B. and C. D. send greeting in our Lord God * 1.2 everlasting. Know yee that whereas some variance and controversy hath heretofore been had and moved between E J, of G. widdow late wife and Executrix of the last Will and Testament of T. F. deceased and R F. her son, touching certain Goods and Chattells, left demised given and appointed to the s••id R. F. by virtue of the said last Will and Testament of the said T. F his Father, whereof the said E. tooke the sole Execution and probation, for the appeasing and ending of which said controversy both the said parties by their mutuall assents consents and agreements, have submitted compromitted, and hereto fore become bound, either to other by their severall bonds obligato∣ry,

bearing date, the &c. in the summ of one hundred pounds, to stand to observe, perform fullfill and keep the Award, Arbitrement, Doom, and Judgment of us the said A. B. and C. D. Arbitrators in∣differently chosen between the said parties, as by the said bonds obli∣gatory and Conditions thereunto subsequent, more at large appea∣reth. Upon which submission, we the said Arbitrators for the avoid∣ing of further troubles, and to cause peace love and unity between the said parties, having seen and read, and deliberatly considered of the said last Will and other writings, having Relation to, and depen∣dancy on the same, and having also heard the allegations & proofs on both sides concerning the premisses, & duely weighed the circumstances thereof; we the said Arbitrators having the consent of the said par∣ties do the day of the date hereof, make publish and declare this our award and judgement in the premisses, in such manner and form as followeth. That is to say,—

And having set down the Award thus conclude.

And for the better testification and confirmation hereof, we the said Arbitrators have to this our Award set our hands and seales the third day of May, Anno Domini 1651.

An Award in a Controversie growing by meanes of a Co∣partnership.

TO all to whom this present writing of Award shall come, T. S. and S. B. &c. send greeting in our Lord God everlasting. Whereas heretofore there hath been divers strifes and variances moved, and are yet depending between R. H. &c. and I. C. &c. Executors of T. C. late of L. Haberdasher deceased, on the one party, and H. B. &c. on the other party, for the appeasing and finall ending whereof the said parties of one assent and consent, as doth appear, and is recited in severall conditions of severall Obligations, bearing date the tenth of this present Aprill, which the said parties have interchangeably made sealed and delivered, each to the other have named and chosen, us the said T. S. &c. their Judges and Arbitrators, to award arbiter ordaine rule judge, and determin, of for upon, and concerning all and all manner of actions as well reall as personall suits quarrells strifes va∣riances costs damages, and demands whatsoever, had moved stirred or depending between the said parties in any manner of wise from the beginning of the World untill the day of the date of the said Obliga∣tion. So that the same our Award Arbitrement O••dinance and Judg∣ment,

were had or made by us the said Arbitrators or any five of us and put in writing under our hands and seals, ready to be delivered to the said parties or any of them, requiring the same before the last day of Aprill next coming after the said date of the said Obligations, as by the said Obligations with their severall Conditions on them seve∣rally endorsed, may and will appear.

And for as much as we the said Arbitrators have taken the charge of the said Judgment and Arbitrement upon us, and thereupon have de∣liberatly heard and examined all variances between the said parties and their allegations answers and proofs in that behalf alleadged made and produced, do now thereof even this present day of the date of these presents make and give up, in and by this present writing inden∣ted under our hands and seals, our full and finall Award Arbitrement Ordinance and Judgment, in manner and form following, that is to * 1.3 say, that whereas the said T. C. while he lived, and the said H. B. were copartners, and had joynt traffique together in divers things, the ac∣counts whereof we have seen and examined, we do thereupon award arbitrate ordain and judge by these presents, that the said R. H. and I. C. or one of them their Executors or Administrators, shall well and truly pay or cause to be payd to the said H. B. his Executors &c. the sum of &c. of &c. at &c. that is to say, &c. and also wee do by these presents, Arbitrate, Award, Ordain and Judge that the said H. his Executors and Administrators, shall from time to time upon the reasonable request of the said R: or I: their Executors or Administra∣tors consent, suffer and agree, that at the equal and indifferent costs and charges of the said R: I: and H: and their several Executors and Administrators, all, and all manner of lawful Suits, Actions, Recove∣ries, Judgements and Executions, shall and may in the name and names of the said H: his Executors and Administrators, be had and pursued, with effect against all and every person or persons of, and upon the Books of the said accounts, and all and every Bond or Bonds or Speci∣alty whatsoever which the said H: hath of, or touching all, or any the debts specified in the Scedule to these presents annexed; and that all and every the profits, commodities and advantages whatsoever to be had or gotten by means of any the said Suits, Actions, Recoveries, Judgments and Executions, or by means of any of them shall be equal∣ly had, divided and parted, part and party-like the one half thereof to the said H: B: his Executors and Administrators, and the other half thereof to the said R: and I: his Executors and Administrators, and that neither of the said parties, nor their severall Executors or Administrators, shall wittingly and willingly without the consent of the other party, or of his or their Executors or Administrators, do procure or cause any thing to be done to hinder or defeat any the said lawful Suits, Actions, Recoveries, Judgments or Executions to be had

as aforesaid, of or for any the said debts, or to let or hinder the equal dividing of all profits, commodities and advantages thereof, or therby to be had or gotten contrary to the true meaning aforesaid. And fur∣ther we do Award, Order and Judge by these presents that the said H: B: upon reasonable request shall on the first day of &c. now next comming, make sale and deliver, or cause to be delivered to the said R. H. and J. C. or to one of them, or otherwise for both their uses, at, or in &c. between the hours of &c. of the same day or otherwise in the mean time before hand one lawful acquittance general, of, and for all Actions, Suits, Quarrels and Demands from the beginning of the world untill the 8^th. of April last past. And likewise we do Award &c. by these presents; that the said R. and I. upon the like reasonable request shall on the said &c. now also next comming, make sale and deliver, or cause to be delivered to the said H. B. at or in &c. between the like hours aforesaid in the forenoon &c. or otherwise &c. one lawful ac∣quittance general, of, and for all actions, suits quarrels and demands, from the beginning of the world untill the said 8^th. day of April now last past as aforesaid. In witness, &c.

Notes

• * 1.1

  Award.
• * 1.2

  Recital.
• * 1.3

  Award.