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<DATE>2014-03-31</DATE>
<RESPSTMT>
<NAME>Kate Allen</NAME>
<RESP>MURP</RESP>
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<ITEM>Checklist: x *Add TEMPHEAD, change DATE, validate x*Review over structure: FRONT,BODY, BACK, DIV or rarely GROUP x*Add DIV TYPEs, make sure that @types makes sense as a navigational aide, and work in the context of the whole text, validate x*Survey book for troublesome formats of all kinds, including lists, illustrations, tables, music, math, end-notes, quasi-tabular arrangments, and marginalia. x*Proof title page(s) x*Examine marginalia. Is it all best tagged as NOTE? x*Observe divtop and divbottom material marking beginnings and ends of divisions, check that they are correctly tagged as HEAD, HEADNOTE, CLOSER, OPENER, ARGUMENT, EPIGRAPH, SIGNED, DATELINE, BYLINE, TRAILER, etc. x*Check for GAPs x*Check PB placement and completeness, ensure sequence of N="" x*Check ^, oe, abq, italic I / J, _Initals, space between &amp;c., -- x*Check for illustrations and correct usage of FIGURE. Add FIGDESCs if necessary. x*Check q, startq, endq, Q x*Correct excusable and inexcusable errors x*If appropriate, check for yoghs. x*If appropriate, check for Latin problems, e.g. oe and ae digraphs x*If appropriate, check for abbreviation and brevigraph problems. x*If appropriate, check for units of measure, symbols (alchemical, astronomical, etc.) and the like. x*Correct illegibles from proofsheet x*Check illegible page, para, line, span, word, dollar signs
*Final validate Corrected [ ] illegible groups out of [ ]. Converted [ ] illegible groups to GAP DESC="illegible". DONE</ITEM>
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<EEBO>
<IDG S="marc" R="UM" ID="B09828">
<STC T="W">R20A</STC>
<STC T="C">R225295</STC>
<BIBNO T="oclc">[ocm]64551632</BIBNO>
<VID>184740</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<P>THE Country-mans Coun&s;ellour, OR, <HI>Every man made his own Lawyer.</HI></P>
<P>Plainly &s;hewing the Nature and Offices of all Courts; as <HI>Kings-bench, Common-pleas, Chancery, Exchequer, Mar&s;hal&s;ey, &amp;c.</HI> VVith the ju&s;t Fees for all VVrits &amp; proceedings in each Court; Allowed and E&s;tabli&s;hed by act of Parliament.</P>
<P>AS ALSO
<LIST>
<ITEM><HI>How to &s;ue a Man to the Out-Lawry, or to Rever&s;e the &s;ame.</HI></ITEM>
<ITEM><HI>To pa&s;s a Fine or Recovery.</HI></ITEM>
<ITEM><HI>To &s;ue an Attorney or Clerk.</HI></ITEM>
<ITEM><HI>To get an Injunction in Chancery to &s;top your Adver|&s;aries proceedings at Law.</HI></ITEM>
<ITEM><HI>To &s;ue in</HI> Forma Pauperis, <HI>&amp;c.</HI></ITEM>
</LIST></P>
<P>VVith approved Pre&s;idents, and ea&s;ie Directions for all per&s;ons, how to make according to Law, Bonds, Bills, Acquittances, Gene|ral Relea&s;es, Letters of Attorney, Bills of &s;ale, VVills, &amp;c.</P>
<P><GAP DESC="illegible" REASON="left margin cropped or obscured" RESP="MURP" EXTENT="1 span"> work mo&s;t u&s;eful to all per&s;ons, the like Not Extant, and now publi&s;hed for a general good.</P>
<P>With Allowance. By <HI>H. R.</HI></P>
<P>Printed for <HI>J. Clarke,</HI> at the Bible and Harp near the Ho&s;pital-Gate, in We&s;t-&s;mith-field.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>The Country-Man's Lawyer.</HEAD>
<P>YOu mu&s;t under&s;tand there are at <HI>We&s;tmin|&s;ter</HI> four Courts: the Kings-Bench, and the Common-pleas for Law: the Chance|ry for equity, and the Exchequer for both: but in ca&s;es only wherein the King either really, or upon &s;ugge&s;tion is concerned: you may take out Writs from the Common-pleas, or Kings-Bench at any time, but they always both bear date, and are retornable on &s;ome days in the Term: but the Chancery is always open, and the Exche|quer &s;ome days before and after the Term.</P>
<DIV2 TYPE="part">
<HEAD>Of the Common-pleas.</HEAD>
<P>IN this Court you may &s;ue for debts, accounts, Titles of Land, Tre&s;pa&s;&s;es, and almo&s;t all other differences that can happen between man and man, wherein there is no criminal matter or breach of the peace.</P>
<P>The fir&s;t proce&s;s here is call'd an original, upon the making out of which, if the debt or damages therein &s;pecified exceed 40 <HI>l.</HI> you mu&s;t pay down as a fine to the King, from 40 <HI>l.</HI> to a 100 marks, 6 <HI>s</HI> 8 <HI>d</HI> and if a 100 <HI>l.</HI> 10 <HI>s.</HI> and &s;o proportionably.</P>
<PB N="2" REF="3">
<P>In this Court it is that Men are commonly &s;ued to the Out-Lawry: A remedy intended by the Law, only again&s;t &s;uch as hid them&s;elves from, or forcibly with&s;tood being taken by ordinary pro|ce&s;s; whereupon after &s;everal writts r<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">turned, that they could not be found, and proclamatio made five days by the Sheriff at the County Court, they &s;tand Out-law'd, uncapable to bring any Action, or liable to have their Per&s;ons or E&s;tates &s;eized in the nature of Execution, as well on the behalf of the King as the plaintiff: but now &s;ome envious peo|ple make u&s;e hereof to vex their neighbours by Out-lawing them for trifles before they hear a word of it; which is a very great abu&s;e.</P>
<P>To &s;ue a man to the Out-lawry, requires the &s;pace of three terms, but if you begin in the fir&s;t Week of one term, you may take the advantage of the term before: for dating your Writts, the &s;everal proce&s;s and Fees are as follows.</P>
<P><TABLE>
<HEAD><HI>Michaelmas Term.</HI> 28th. <HI>of K. C.</HI> 2.</HEAD>
<ROW>
<CELL ROWS="2"><HI>Doe</HI> again&s;t <HI>Roe.</HI></CELL>
<CELL>For the Kings Fine</CELL>
<CELL>0</CELL>
<CELL>10</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>For the Original Po&s;t diem and Entry</CELL>
<CELL>0</CELL>
<CELL>02</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>&nbsp;</CELL>
<CELL>For the Capias Seal &amp; Po&s;t diem</CELL>
<CELL>0</CELL>
<CELL>02</CELL>
<CELL>3</CELL>
</ROW>
</TABLE>
<TABLE>
<HEAD>Hillary following.</HEAD>
<ROW>
<CELL>For the Alias Capias and Po&s;t diem</CELL>
<CELL>0</CELL>
<CELL>01</CELL>
<CELL>11</CELL>
</ROW>
<ROW>
<CELL>For Attorneys Fee</CELL>
<CELL>0</CELL>
<CELL>03</CELL>
<CELL>04</CELL>
</ROW>
</TABLE>
<TABLE>
<PB N="3" REF="3">
<HEAD>Ea&s;ter following.</HEAD>
<ROW>
<CELL>For the pluries Ca|pias &s;eal &amp; po&s;t diem</CELL>
<CELL>0</CELL>
<CELL>01</CELL>
<CELL>1</CELL>
</ROW>
<ROW>
<CELL>For the VVarrant of Attorney</CELL>
<CELL>0</CELL>
<CELL>00</CELL>
<CELL>04</CELL>
</ROW>
<ROW>
<CELL>For the Exigent &amp; &s;eal</CELL>
<CELL>0</CELL>
<CELL>02</CELL>
<CELL>02</CELL>
</ROW>
<ROW>
<CELL>For retorn thereof</CELL>
<CELL>0</CELL>
<CELL>01</CELL>
<CELL>00</CELL>
</ROW>
<ROW>
<CELL>For the Attorney's Fee</CELL>
<CELL>0</CELL>
<CELL>03</CELL>
<CELL>04</CELL>
</ROW>
</TABLE></P>
<P><TABLE>
<ROW>
<CELL>In all</CELL>
<CELL>01</CELL>
<CELL>08</CELL>
<CELL>03</CELL>
</ROW>
</TABLE></P>
<P>If you &s;u&s;pect any body is &s;ueing you to the Out-Lawry privately, you may &s;earch the Phili|zers, or Exigenters Office, which will co&s;t but 4 <HI>d.</HI> a Term; and if you find it before the Exigent re|torned, which is the la&s;t VVritt, for about 14 <HI>s.</HI> charge you may get a Super&s;edeas and in &s;uch ca&s;e the plaintiff loo&s;es all his charges, and mu&s;t accept of Common-Bail; but if you are already actually Out-law'd, you mu&s;t put in &s;pecial Bail, and it will co&s;t you neer 40 <HI>s.</HI> to rever&s;e it.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Of Fines and Recoveries.</HEAD>
<P>In this Court are pa&s;s'd all Fines and Recoveries; The u&s;e of a Fine is to barr a woman of her title, thirds, or Right of Dower in &s;ome Land the Hus|band is minded to &s;ell, and therefore &s;he is always examined apart by the Judges or Commi&s;&s;ioners, to know whether &s;he part with it freely without the compul&s;ion of her Husband: the&s;e Fines may be acknowledged either in the Court of Common-pleas
<PB N="4" REF="4"> at <HI>We&s;tmin&s;ter</HI> in Term time, or before the Lord Chief Ju&s;tice of that court, out of court, or in the country, by commi&s;&s;ion to certain gentle|men for that purpo&s;e named; or before the judg|es at the A&s;&s;izes; in all which ca&s;es the Fees are &s;omewhat variou<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">, but the mo&s;t certain, as fol|lows.</P>
<P><TABLE>
<HEAD>The charges of a Fine.</HEAD>
<ROW>
<CELL>For drawing the concord</CELL>
<CELL>0</CELL>
<CELL>3</CELL>
<CELL>4</CELL>
</ROW>
<ROW>
<CELL>My Lords Fee</CELL>
<CELL>0</CELL>
<CELL>9</CELL>
<CELL>8</CELL>
</ROW>
<ROW>
<CELL>Ingro&s;&s;ing the concord</CELL>
<CELL>0</CELL>
<CELL>2</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>Writt of covenant</CELL>
<CELL>0</CELL>
<CELL>3</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>Retorn thereof and po&s;t Diem</CELL>
<CELL>0</CELL>
<CELL>2</CELL>
<CELL>4</CELL>
</ROW>
<ROW>
<CELL>For the Fine (according to the value of the premi&s;es,</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>To the Receiver</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
<CELL>6</CELL>
</ROW>
<ROW>
<CELL>Entry and Indor&s;ement</CELL>
<CELL>0</CELL>
<CELL>2</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>Hand</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
<CELL>4</CELL>
</ROW>
<ROW>
<CELL>Warrant</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
<CELL>8</CELL>
</ROW>
<ROW>
<CELL>To the Cu&s;tos Brevium</CELL>
<CELL>0</CELL>
<CELL>3</CELL>
<CELL>8</CELL>
</ROW>
<ROW>
<CELL>Clark of the Kings Silver</CELL>
<CELL>0</CELL>
<CELL>1</CELL>
<CELL>4</CELL>
</ROW>
<ROW>
<CELL>To the Chirographer</CELL>
<CELL>0</CELL>
<CELL>6</CELL>
<CELL>8</CELL>
</ROW>
<ROW>
<CELL>For ingro&s;ing the Fine</CELL>
<CELL>0</CELL>
<CELL>3</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>Attorneys fee</CELL>
<CELL>0</CELL>
<CELL>6</CELL>
<CELL>8</CELL>
</ROW>
<ROW>
<CELL>In all (be&s;ides the fine to the King]</CELL>
<CELL>2</CELL>
<CELL>5</CELL>
<CELL>2</CELL>
</ROW>
</TABLE></P>
<P>Recoveries are frequently added to fines, and their u&s;e is to cut off Intails, &amp; bar tho&s;e in Re|mainder; &amp; is a &s;ecurity of the highe&s;t nature in
<PB N="5" REF="4"> Law; and not to trouble the reader with another tedious Bill, the whole charge of it is betwee<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> five and &s;ix pounds in ordinary Ca&s;es.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Of the Court of Kings-Bench.</HEAD>
<P>THe leading Writts here are a bill of <HI>Mid|dle&s;ex,</HI> if the defendant live in that county; for which you pay 2 <HI>s.</HI> 1 <HI>d.</HI> Or a lattitate, if in any other county of <HI>England;</HI> which co&s;ts 4 <HI>s.</HI> 7 <HI>d.</HI> The Warrant from the Sheriff upon the&s;e in <HI>Middle|&s;ex</HI> or <HI>London,</HI> is but 4 <HI>d.</HI> but the Sheriffs in remote counties require more.</P>
<P>If you &s;ue a Man here for a certain debt due on bond, or the like, above the value of 10 <HI>l.</HI> you mu&s;t mark your writt for &s;pecial bail, that is not on|ly force him when taken, to give &s;ecurity to the Sheriff to appear, but likewi&s;e at the reto<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">n of the Writt to give in fre&s;h bail before a Judge, to &s;atisfie what you &s;hall recover of him, and till this be accepted of, the bail to the Sheriff is not di&s;charged; but in matters under 10 <HI>l.</HI> An appear|ance alone &s;erves turn.</P>
<P>If you cannot take the defendant on your Latti|tate you may renew it; which is call'd an Alias, and co&s;ts 2 <HI>s.</HI> 7 <HI>d.</HI> And &s;o a Pluries at the &s;ame rate.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The high Court of Chancery.</HEAD>
<P>THe nature of this court is to moderate the exact rigours of Law, &amp; therefore is called a court of Epuity; as if a man have by negligence or nece&s;&s;ity forfeited a bond of 200 <HI>l.</HI> by not pay|ing
<PB N="6" REF="5"> 100 <HI>l.</HI> on the preci&s;e day, according to the con|dition, or Land Mortgaged, of great value, for not paying &s;ome &s;mall &s;um borrowed on it; Here you may enforce &s;uch over-reaching Mi&s;ers to take on|ly their due debt, intere&s;t, and charges, and there|upon can&s;el the Bond, or reconvey the E&s;tate Mort|gaged: and the like in a thou&s;and other ca&s;es.</P>
<P>The proceedings are here by Engli&s;h bill, where|in the complainant &s;etteth forth his grievance, mak|ing u&s;e of what &s;ugge&s;tions his coun&s;el thinks fit to pump and winnow out the truth from his Adver|&s;ary; who is bound to an&s;wer thereunto &s;trictly in all points upon his Oath, and if he boggle or refu&s;e &s;o to do, mu&s;t pay co&s;ts for in&s;ufficient an&s;wers.</P>
<P>Your fir&s;t proce&s;s is a &s;ubpaena, which co&s;ts 3 <HI>s.</HI> and mu&s;t be &s;erv'd by delivering it to the Defen|dant, or leaveing it under &s;eal at his Habitation; of which, Oath (Affidavit they call it) mu&s;t be made; and then if he do not appear, there goes a Writ to Arre&s;t him, called an attachment, and &s;o if he &s;tand out in contempt, a Writ of Rebellion, and at la&s;t a Serjeant at arms; the Defendant mu&s;t appear by one of the Clerks of the &s;ix Clerks office, who&s;e Fee every Term is ten Groats; but if there be twenty Plaintiffs in a Bill, they all pay but one Fee; after the Defendant hath put in his An&s;wer, the Plaintiff replies; and then they examine Wit|ne&s;&s;es, and &s;o the cau&s;e comes to a Hearing,
<PB N="7" REF="5"> and what the Court determines therein, is called, <HI>The Decree.</HI></P>
<P><TABLE>
<HEAD>Fees in Chancery.</HEAD>
<ROW>
<CELL>For all copies of Bills, &amp; an&s;wers, every &s;heet conteyning 15 lines.</CELL>
<CELL>0</CELL>
<CELL>00</CELL>
<CELL>9</CELL>
</ROW>
<ROW>
<CELL>For an Attachment</CELL>
<CELL>0</CELL>
<CELL>03</CELL>
<CELL>4</CELL>
</ROW>
<ROW>
<CELL>For breaking it up with the She|riff, and his VVarrant</CELL>
<CELL>0</CELL>
<CELL>02</CELL>
<CELL>4</CELL>
</ROW>
<ROW>
<CELL>For a Commi&s;&s;ion of Rebellion</CELL>
<CELL>0</CELL>
<CELL>18</CELL>
<CELL>8</CELL>
</ROW>
<ROW>
<CELL>For &s;wearing every Affidavit</CELL>
<CELL>0</CELL>
<CELL>01</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>For drawing up of an Order up|on a motion to the Regi&s;ter, for the fir&s;t &s;ide</CELL>
<CELL>0</CELL>
<CELL>03</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>For every other &s;ide</CELL>
<CELL>0</CELL>
<CELL>01</CELL>
<CELL>6</CELL>
</ROW>
<ROW>
<CELL>Entring the &s;ame, every &s;ide</CELL>
<CELL>0</CELL>
<CELL>00</CELL>
<CELL>6</CELL>
</ROW>
<ROW>
<CELL>For a Decretal Order, the Fees are the &s;ame, only for the word De|cree you pay more</CELL>
<CELL>0</CELL>
<CELL>18</CELL>
<CELL>6</CELL>
</ROW>
<ROW>
<CELL>For fileing every Affidavit or report</CELL>
<CELL>0</CELL>
<CELL>0</CELL>
<CELL>8</CELL>
</ROW>
<ROW>
<CELL>For the &s;olliciters termly fee.</CELL>
<CELL>0</CELL>
<CELL>6</CELL>
<CELL>8</CELL>
</ROW>
</TABLE></P>
<P>Suits in Chancery are often brought to &s;top pro|ceedings at Law; which is done by a writ called an Injunction, &s;trictly chargeing the Defendant (that is the plaintiff at common Law) not to go on there, but &s;uffer the cau&s;e to be decided in this Court; this Injunction is thus obtained: when you have fill'd your Bill, if the Defendant do not ap|pear
<PB N="8" REF="6"> or an&s;wer in due time, (that is within the &s;pace of eight days) then the court will of cour&s;e grant you an Injunction: but if he do an&s;wer, your Coun&s;el mu&s;t move for it from the equity and merits of your cau&s;e, or in &s;ome ca&s;es by of|fering to lodge the money in di&s;pute in Court till the hearing of the cau&s;e? The fees of an Injunction in all are 1 <HI>l.</HI> &mdash; 4 <HI>s.</HI> &mdash; 6.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Of the Court of Exchequer.</HEAD>
<P>THe proceedings of this Court are either in the Exchequer chamber, where the pleadings are in engli&s;h by Bill and An&s;wer, like the Chan|cery, or in the Office of pleas by declaration, &amp; pleas after the manner of the common Law: Here all per&s;ons indebted to the King are upon that account admitted to &s;ue tho&s;e that owe them money: and therefore Mini&s;ters frequently make u&s;e of it to recover their Tyths; The fir&s;t proce&s;s is a &s;ubpaena, which co&s;ts 4 <HI>s.</HI> 7 <HI>d.</HI> and in this writt you may put four names, &s;o that when a man has many men that owe him &s;mall debts, and is not willing to put him&s;elf to the trouble, and them to the charge of an Arre&s;t, 'tis a good way to take out &s;ubpaena's out of the Office of pleas, which any friend may &s;erve by leaving Libells or tickets thereof with each defendant, which commonly frights them &s;o that they pay him or give him &s;ecurity, or if they do not, and fail to appear, he has an Attachment, on which they mu&s;t be arre&s;ted by Bayliffs, &amp; pay him his
<PB N="9" REF="6"> charges: a cour&s;e very mild &amp; fit to be followed, where the defendant is of any hone&s;ty or ability.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Mar&s;hal&s;es.</HEAD>
<P>THis Court has only juri&s;diction within 12 miles from <HI>VVhite-hall,</HI> (but not in the liberties of <HI>London</HI>) and was originally intended only where one of the parties was of the Kings hou&s;hold: but now people of all qualities make u&s;e of it; for a writ here you pay 2 <HI>s.</HI> &amp; by cu&s;tome give a &s;hilling when you deliver it to the officer, which may be renewed or continued from one court day to another (that is every friday) for 4 <HI>d.</HI> a time: they hold people to &s;pecial Bail in all ca&s;es, and a Cau&s;e generally comes to a Tryal in three weeks or a month: the Attorneys fee is but 2 <HI>s.</HI> 6 <HI>d.</HI> a Councellors 5 <HI><GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">.</HI> and the charges of the plantiff to bring a cau&s;e to tryal about 50 <HI>s.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>How to &s;ue Attorneys, &amp;c.</HEAD>
<P>MAny people complain fooli&s;hly of the diffi|cultie of &s;ueing Attorneys, and the like of|ficers of courts, for indeed they are more ea&s;ily pro&s;ecuted then others, for you are not put to the trouble of arre&s;ting them, but only to file a Bill or Declaration in the Court they belong to: if they be of the Common pleas in the Pro|honoraries Office they are entred in: if of the Chancery, in the pettibag Office, and if they do not plead to it in due time, they are fore-judged the Court, that is, &s;eque|&s;tred from Practice, and denyed their pri|viledge,
<PB N="10" REF="7"> &s;o that then you may arre&s;t them; but if they plead, the proceedings are the &s;ame, and you have as fair play at them as at any other per&s;ons.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>How to obtain Admi&s;&s;ion in <HI>Forma Pauperis.</HI></HEAD>
<P>A Per&s;on that has ju&s;t right, but not an able pur&s;e, mu&s;t in this ca&s;e get a petition drawn to the Judge of that Court where he intends to begin, &s;et|ting forth the ju&s;tice of his cau&s;e, and his indigency, and praying that he may be admitted, and &s;uch an one for his Attorney, or Clerk in Chancery, under which mu&s;t be an Affidavit that the petitioner is not worth five pounds be&s;ides the matter in que|&s;tion.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>Choice and approved Pre&s;idents.</HI> The True forme of a Bond.</HEAD>
<FLOATEXT LANG="eng" TYPE="bond">
<P><HI>NOverint univer&s;i per pre&s;entes me</HI> (or if two or more be bound, <HI>Nos</HI>) Henricum Bo&s;tocke <HI>de Tingery in Comitatu</HI> Bedford, <HI>Yeoman, Teneri &amp; firmiter obligari</HI> VVillielmo VVe&s;t <HI>de</HI> Tuddington, <HI>in Comitatu praedicto Genero&s;o: In Viginti Libris bonae &amp; legalis monetae Angliae, &s;olvend. eidem</HI> VVil. VVe&s;t, <HI>aut &s;uo certo Attornato, Executoribus, Admi|ni&s;tratoribus, vel A&s;signatis &s;uis: Ad quam quidem
<PB N="11" REF="7"> &s;olutionem bene &amp; fideliter faciendum obligo me</HI> (or if two or more, <HI>Nos &amp; utrumque,</HI> or, <HI>quemlibet no&s;trum) Haeredes Executores &amp; Admini&s;tratores meos</HI> (or if two or more <HI>No&s;tros, &amp; utriu&s;que,</HI> or, <HI>cuju&s;libet no&s;trum per&s;e pro tote &amp; in &s;olido) firmiter per pre&s;entes, &s;ig<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">llo meo</HI> (or if more, <HI>No&s;tris) &s;igillat. Dat. Quarto die Aprilis Anno Regni Do|mini no&s;tri</HI> Caroli <HI>&s;ecundi, Dei Gratia nunc Regis Angliae,</HI> &amp;c. <HI>Vice&s;imo Non<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> Anno&abque; Dom.</HI> 1677.</P>
<P>The condition of this Obligation is &s;uch, that if the above bound <HI>Henry Bo&s;tocke,</HI> his (or if more than one bound, their) Heirs, Executors, or Admi|ni&s;trators, (if more, add, or any of them) do and &s;hall well and truly pay, or cau&s;e to be paid unto the above-named <HI>William We&s;t,</HI> or to his certain Attorney, Executors, Admini&s;trators or A&s;&s;igns, the full &amp; ju&s;t &s;um of ten pounds of lawful money of <HI>England,</HI> on, or before the four and twentieth day of <HI>June,</HI> next en&s;uing the day of the Date a|bove written, without fraud or further delay, then this pre&s;ent Obligation to be void, and of none effect, or el&s;e to &s;tand and be in full force and vertue.</P>
<CLOSER><DATELINE><HI>Sealed and Delivered in the pre&s;ence of</HI> <GAP DESC="blank"></DATELINE></CLOSER>
</FLOATEXT>
<P>Note that &s;ome u&s;e to name a certain place of payment, as <HI>at the &s;aid dwelling Hou&s;e of the &s;aid</HI> William VVe&s;t, <HI>&s;cituate in</HI> Tuddington <HI>above men|tioned;</HI> but that is for the advantage of the bor|rower,
<PB N="12" REF="8"> not the lender, for otherwi&s;e he is bound at time of payment to find out his creditor where ever he be, and tender the money to him, or he forfeits his bond.</P>
<P>Note al&s;o, that if intere&s;t be agreed to be paid, you mu&s;t compute what it comes to, and add it to the &s;um payable, for otherwi&s;e the Law will al|low it only from the time the money becomes due.</P>
<P>If the money be to be paid at &s;everal days, then when you come to mention the &s;um in th<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> condition, &s;ay thus; the full and ju&s;t &s;umm of ten pounds in manner and form following, that is to &s;ay, five pounds, part thereof on &s;uch a day, &amp; five pounds re&s;idue thereof on &s;uch a day; or if by weekly or monthly payments, then, twenty &s;hil|lings, part thereof on munday &s;uch a day; twen+ty &s;hillings more thereof on munday &s;uch a day and &s;o twenty &s;hillings on every munday, (or eve+ry fir&s;t day of the month, if by the month) till th<GAP DESC="illegible" REASON="right margin cropped or obscured" RESP="MURP" EXTENT="1+ letters"> &s;aid &s;umm of ten pounds &s;hall be paid, in full pay|ment and &s;atisfaction of the &s;aid &s;umm of ten pounds. And then at la&s;t in&s;tead of, <HI>or el&s;e to &s;tan<GAP DESC="illegible" REASON="right margin cropped or obscured" RESP="MURP" EXTENT="1+ letters"> and be, &amp;c.</HI> &s;ay: But if default &s;hall happen to b<GAP DESC="illegible" REASON="right margin cropped or obscured" RESP="MURP" EXTENT="1+ letters"> made in any, or either of the &s;aid payments, then this pre&s;ent obligation to &s;tand or be in full for o<GAP DESC="illegible" REASON="right margin cropped or obscured" RESP="MURP" EXTENT="1+ letters"> and vertue. For otherwi&s;e your Bond cannot b<GAP DESC="illegible" REASON="right margin cropped or obscured" RESP="MURP" EXTENT="1+ letters"> &s;ued till after all the money is become due.</P>
<P>But becau&s;e many through ignorance in Latin know not exactly how to write a Bond,
<PB N="13" REF="8"> will here &s;hew them the form of a penal Bill, which is as good and &s;ure to all intents and pur|po&s;es.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>A Bill Obligatory with a Penalty.</HEAD>
<FLOATEXT LANG="eng" TYPE="bill">
<P>KNow all Men by the&s;e pre&s;ents, that I <HI>T. B.</HI> of <HI>C.</HI> in the County of <HI>D.</HI> Gent. do owe and am ju&s;tly indebted unto <HI>E. F.</HI> of <HI>G.</HI> in the County of <HI>H.</HI> Yeoman; the full &s;umm of ten pounds of lawful money of <HI>England;</HI> to be paid unto the &s;aid <HI>E. F.</HI> or to his certain Attorney, Executors, Admini&s;trators, or A&s;&s;igns, on or before the 29th. day of <HI>September</HI> next en&s;uing the date hereof; to which payment well and truely to be made and done, <HI>I</HI> bind my &s;elf, my Heirs, Executors, and Admini&s;trators, in the full &s;umm of twenty pounds of like lawful money of <HI>England</HI> firmly by the&s;e pre&s;ents, &s;eal|ed with my &s;eal. Dated the 3d. day of <HI>April</HI> in the 29th. Year of the Raign of our Soveraign Lord King <HI>CHARLES</HI> the Second, <HI>Annoq. Dom.</HI> 1677.</P>
<CLOSER><DATELINE><HI>Sealed and delivered in the pre&s;ence of</HI> <GAP DESC="blank"> </DATELINE></CLOSER>
</FLOATEXT>
<PB N="14" REF="9">
<P>But note, you be &s;ure to have the parties &s;eal as well as hand to all &s;uch Bills, for otherwi&s;e 'tis no &s;pecialty, and if you do not &s;ue for it within &s;ix years (not &s;even, for that's a Vulgar error) he may plead the &s;tatute of Limitation to you; for no man is bound to pay book-Debts, Notes of his hand onely, or the like, after that time.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>A General Relea&s;e.</HEAD>
<P>KNow all men by the&s;e pre&s;ents, that I <HI>T. W.</HI> of <HI>C.</HI> in the County of <HI>E.</HI> Gent. Have remi|&s;ed, relea&s;ed, and quite claimed, and by the&s;e pre|&s;ents do Remi&s;e, Relea&s;e, and for ever quite claim unto <HI>R. C.</HI> of <HI>D.</HI> in the &s;ame County, Yeoman, his Heirs, Executors, and Admini&s;trators: all and all manner of Actions, Suits, cau&s;e and cau&s;es of A|ctions and Suits, Bonds, Bills, and all other wri|tings and Accounts, Debts, Dues, and Reckonings, &s;umm and &s;umms of Money, Controver&s;ies, Judge|ments, Executions, Statutes Merchant, and of the Staple, Out-lawries, and all other Claims and De|mands what&s;oever: which I the &s;aid <HI>T. W.</HI> ever had, now have, or which I, my Heirs, Executors, Admini&s;trators, or A&s;&s;igns, at any time hereafter may, might, or could have, to, with, or again&s;t the &s;aid <HI>R. C.</HI> his Heirs, Executors, or Admini&s;trators, for, or by rea&s;on of any Matter, cau&s;e, or thing:
<PB N="15" REF="9"> from the beginning of the world, until the day of the Date Hereof: In witne&s;s whereof, I the &s;aid T. W. have hereunto &s;et my Hand and Seal, this tenth day of <HI>Feb.</HI> in the 29 Year of the Reign of our Soveraign Lord King <HI>Charles</HI> the Second, &amp;c. <HI>Annoq. Dom.</HI> 1677.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>A Receipt for Rent.</HEAD>
<P>Received this 30th. day of <HI>March,</HI> 1677. Of <HI>John Paywel,</HI> the &s;um of five pounds in full, for one quarters Rent for the Tenement and Farm which he holdeth of me, due at <HI>Lady-day</HI> la&s;t. 5 l. 00 s. 00 d.</P>
<CLOSER>I &s;ay Received by me, <SIGNED>Tho. Truelove.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The form of a Bond of Arbitration.</HEAD>
<HEAD>The Obligation is like all others, the Con|dition as follows.</HEAD>
<P>THe Condition of this Obligation is &s;uch that if the above bound <HI>Bridget Horner,</HI> her Heirs, Executors, and Admini&s;trators, do, and &s;hall, from time to time, and at all times hereaf|ter for her and their parts, well and truly &s;tand to bide, obey, ob&s;erve, perform, fulfill, and keep
<PB N="16" REF="10" MS="y"> all and every the Award, Arbitrament, order, rule, judgement, and final determination of Iohn Bo<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">d of Peterfield in the County of Southamp|ton, Gent. &amp; Richard Taylor of London, Gent. Ar|bitrators indifferently named, elected, and cho|&s;en, as well on the part and behalf of the &s;aid <HI>B. H.</HI> as on the part and behalf of the above-named <HI>Thomas Dipnal;</HI> to arbitrate, award, order, rule, judge of, and finally to determine of, for, upon, and concerning all and all manner of Real and Per&s;onal Actions, and Suits, Cau&s;e and cau&s;es of &s;uch actions and &s;uits, bonds, bills, reckon|ings, and accompts; debts, dues, tre&s;pa&s;&s;es; con|trover&s;ies, judg<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ments, executions, and all other claims and demands w<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">at&s;oever; had, made, mo|ved, &s;tirred up, or in any wi&s;e depending between the &s;aid parties, for, or by rea&s;on of any matter, cau&s;e, or thing wha &s;oever, from the beginning of the world until the day of the date above writ|ten; &s;o as the &s;aid Awa<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">d and determination of the &s;aid Arbitrators, in, of, and upon the premi|&s;es be made and ready to be given up in writing under their hands and &s;eals, to the &s;aid parties or either of them demanding the &s;ame, on, or be|fore the &s;econd day of <HI>June</HI> next en&s;uing the date above written; Then this pre&s;ent obligation to be void and of no effect or el&s;e to &s;tand, remain, and be in full force and vertue: Sealed, &amp;c.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="17" REF="10">
<HEAD>The form of an Indenture of an Apprentice.</HEAD>
<P>This Indenture witne&s;&s;eth, That <HI>Henry Napp,</HI> Son of <HI>Jo&s;eph Napp,</HI> late of <HI>Guilford</HI> in the County of <HI>Surry</HI> Clothier, hath put him&s;elf and by the&s;e pre&s;ents doth voluntarily put him&s;elf Ap|prentice to <HI>William Prigg</HI> of <HI>King&s;ton</HI> upon <HI>Thames</HI> in the County afore&s;aid Butch<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">r; to learn his Art, after the manner of an Apprentice to &s;erve him <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">rom the day of the date hereof, for, and during the Term of &s;even years thence next fol|lowing: During all which Term the &s;aid Appren|tice his &s;aid Ma&s;ter faithfully &s;hall &s;erve, his &s;ec<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ets <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">eep his lawfu<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> commandments every where obey. He &s;hall do no dammage to his &s;aid ma&s;ter, nor &s;ee to be done of others, without let|ting or giving notice thereof to his &s;aid ma&s;ter: he &s;hall not wa&s;te his &s;aid ma&s;ters goods nor lend them unlawfully to any: he &s;hall not commit for|nication, nor contract matrimony within the &s;aid Term: At Cards, Dice, or any unlawful Game he &s;hall not play, whereby his ma&s;ter may have damage, with his own goods or others: He &s;hall not ab&s;ent him&s;elf day nor night from his ma&s;ters &s;ervice without his leave; nor haunt Ale-hou&s;es, Taverns, or Play-hou&s;es; but in all things behave him&s;elf as a faithful Apprentice ought to do, du|ring all the &s;aid Term. And the &s;aid ma&s;ter &s;hall
<PB N="18" REF="11" MS="y"> u&s;e the utmo&s;t of his endeavour, to teach, or cau&s;e to be taught or in&s;tructed his &s;aid Apprentice in the Trade or my&s;tery that he now followeth: and to find and provide for him &s;ufficient meat, drink, apparel, lodging, and wa&s;hing befitting an Ap|prentice during all the &s;aid Term. And for the true performance of all and every the &s;aid Cove|nants and Agreements, either of the &s;aid parties bind them&s;elves unto the other by the&s;e pre&s;ents. In witne&s;s whereof, they have interchangeably &s;et their hands this 10th. day of <HI>April,</HI> &amp;c.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>A Bill of Sale for any Goods.</HEAD>
<P>KNow all men by the&s;e pre&s;ents, that I <HI>T. Downes</HI> of &amp;c. for, and in con&s;ideration of the &s;um of &amp;c. to me in hand paid by W. <HI>Harris</HI> of &amp;c. at and before the &s;ealing hereof, have bar|gained and &s;old, and by the&s;e pre&s;ents do bargain and fell fully, clearly, and ab&s;olutely unto the &s;aid VV. <HI>H.</HI> in plain and open market, the Goods and Chattels following, viz. One Feather-bed, Two Dozen of Turkey-work-Chairs, &amp;c. (As the ca&s;e is) to have and to hold the &s;ame Feather-bed, &amp;c. to the &s;aid W. H. his Executors, and A&s;&s;ign<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">; to
<PB N="19" REF="11"> his and their own proper u&s;e, and u&s;es, for ever: And <HI>I</HI> the &s;aid <HI>T. D.</HI> my Executors, and Admini|&s;trators, and every of us, the &s;aid Feather-bed, &amp;c. unto the &s;aid VV. <HI>H.</HI> his Executors, and Ad|mini&s;trators, again&s;t <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ll people &s;hall a<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">d will for ever acquit and defend by the&s;e pre&s;ents, <HI>Provided always;</HI> That I the &s;aid <HI>T. D.</HI> my Executors or Admini&s;trators, or any of us, do well and truly pay unto the &s;aid <HI>VV. H.</HI> his Executors, or Admi|ni&s;trators, the fall &s;umm of 8 <HI>l.</HI> on the 24th. of <HI>June</HI> next en&s;uing the date hereof, without fraud or covin: then this pre&s;ent Bill of Sale, and the bar|gain and Sale of the &s;aid Feather-bed, &amp;c. &s;hall be utterly void and of none effect: or el&s;e to &s;tand and be in full force and vertue.</P>
<CLOSER><DATELINE><HI>Sealed and delivered, together with the &s;aid goods above mentioned, in the pre&s;ence of</HI> <GAP DESC="blank"> </DATELINE></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<PB N="20" REF="12" MS="y">
<HEAD>The form of a Letter of Attorney.</HEAD>
<P>KNow all men by the&s;e pre&s;ents, That I <HI>Sa|muel Knight</HI> of &amp;c. Marriner, have named and con&s;tituted, and by the&s;e pre&s;ents do name, ordain, appoint, and make my tru&s;ty Friend <HI>John Soker</HI> of <HI>London,</HI> Merchant, my true and lawful Attorney, for me, and in my name, and to my u&s;e (Or if &s;o intended&mdash;But to his own proper u&s;e, without rendring any account) to demand, &s;ue for, recover, and receive of <HI>Richard John&s;on</HI> of Shrewsbury, the &s;umm of twenty pounds ju&s;tly to me due and owing by and from the &s;aid <HI>Richard John&s;on:</HI> Giving, and hereby granting unto my &s;aid Attorney, my full power and authority, to u&s;e and execute all &s;uch acts, things, and devi&s;es in the Law, as &s;hall be nece&s;&s;ary for Recovery of the &s;aid debt: and Acquittances or other di&s;char|ges in my name to make and give, and generally to do and execute in the premi&s;es, as fully as I my <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">elf might or could do, being per&s;onally pre&s;ent: <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">atifying confirming and allowing, all and what|<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">oever my &s;aid Attorney &s;hall lawfully do or <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">au<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e to be done therein by the&s;e pre&s;ents. In wit|<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e&s;s whereof I hereunto &s;et my hand and &s;eal this <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">th. day, &amp;c.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="21" REF="12">
<HEAD>The form of a <HI>Will.</HI></HEAD>
<P><HI>IN the Name of God:</HI> Amen. I <HI>Simon Sud|bery</HI> of &amp;c. Being &s;ick of body, but in &s;ound and di&s;po&s;ing memory, prai&s;e be given to God for the &s;ame; do make this my La&s;t Will and Te&s;tament in manner and form following: that is to &s;ay: fir&s;t and principally I re&s;ign my Soul into the merci|ful hands of Almighty God my Creator, a&s;&s;ured|ly hoping through the merits of my ble&s;&s;ed Sa|viour, to obtain Remi&s;&s;ion of all my &s;ins: and my Body I commit to the earth whence it was taken, to be decently buried by the di&s;cretion of my Executrix herein after named: and as for the worldly goods and e&s;tate the Lord hath lent me, I di&s;po&s;e thereof as follows. <HI>Imprimis,</HI> I give and bequeath to my daughter <HI>Mary Sudbery,</HI> all tho&s;e my Lands and Tenements at <HI>Bocking:</HI> To have and to hold to her and her heirs for ever. <HI>Item,</HI> I give and bequeath to my Couzin <HI>N.<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">.</HI> the Summ of Fifty pounds, to be paid within &s;ix months afte<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> my decea&s;e: (And &s;o name your &s;everal Legacies, and then conclude thus:) and all the re&s;t and re&s;idue of my E&s;tate, Goods, and Chattels, not herein before bequeathed, af|ter my Debts and Funeral Expences di&s;charged
<PB N="22" REF="13" MS="y"> I do give and bequeath unto my dear and loving Wife <HI>Dorothy Sudbery,</HI> whom I do make &s;ole Ex|ecutrix of this my la&s;t VVill and Te&s;tament: Re|voking all other VVills by me heretofore made. In witne&s;s whereof I have hereunto &s;et my Hand and Seal, this 26th. day of &amp;c.</P>
<CLOSER><DATELINE><HI>Signed, &s;ealed, and Publi&s;hed, in the pre&s;ence of</HI> <GAP DESC="blank"> </DATELINE></CLOSER>
</DIV2>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
