No. II. times hereafter, during their joint lives, by any writing or writings under their respective hands and seals, and attested by two or more credible witnesses, to revoke, make void, alter or change all and every or any the use and uses, estate and estates, herein and hereby before limited and declared, or mentioned or intended to be limited and declared, of and in the capital messuage, lands, tenements. hereditaments and premises aforesaid, or of or in any part or parcel thereof, and to declare new and other uses of the same, or any part or parcel thereof, any thing herein contained to the contrary thereof in anywise notwithstanding. In witness whereof the parties to these presents their hands and Conclusion. seals have subscribed and set, the day and year first above written. AN OBLIGATION, OR BOND, WITH CONDITION FOR THE PAY- KNOW ALL MEN by these presents, that I, David Edwards, of Lincoln's Inn, in the county of Middlesex, esquire, am held and firmly bound to Abraham Barker, of Dale Hall in the county of Norfolk, esquire, in ten thousand pounds of lawful money of Great Britain, to be paid to the said Abraham Barker, or his certain attorney, executors, administrators or assigns; for which payment well and truly to be made, I bind myself, my heirs, executors and administrators, firmly by these presents, sealed with my seal. Dated the fourth day of September, in the twenty-first year of the reign of our sovereign lord George the Second, by the grace of God king of Great Britain, France, and Ireland, defender of the faith, and so forth, and in the year of our Lord one thousand seven hundred and forty-seven. The condition of this obligation is such, that if the above-bounden David Edwards, his heirs, executors, or administrators, do and shall well and truly pay, or cause to be paid, unto the above named Abraham Barker, his executors, administrators, or assigns, the full sum of five thousand pounds of lawful British money, with lawful interest for the same, on the fourth day of March next ensuing the date of the above written obligation, then this obligation shall be void and of none effect, or else shall be and remain in full force and virtue. Sealed and delivered, being first duly stamped, in the pres ence of George Carter. William Browne. A FINE OF LANDS SUR COGNIZANCE DE DROIT, COME CEO, &c. SECT. 1. WRIT OF COVENANT, OR PRECIPE. GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so forth, to the sheriff of Norfolk, greeting. Command Abraham Barker, esquire, and Cecilia his wife, and John Barker, esquire, that justly and without delay they perform to David Edwards, esquire, the covenant made between them of two messuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pasture, and fifty acres of wood. with the appurtenances, in Dale; and unless they shall so do, and if the said David shall give you security of prosecuting his claim, then summon by good summoners the said Abraham, Cecilia, and John, that they appear before our justices at Westminster, from the day of St. Michael in one month, to show wherefore they have not done it: and have you there the summoners, and this writ. Witness ourself at Westminster, the ninth day of October, in the twenty-first year of our reign No. IV. Norfolk, to wit. SECT. 2. THE LICENSE TO AGREE. DAVID EDWARDS, esquire, gives to the lord the king ten marks for license to agree with Abraham Barker, esquire, of a plea of covenant of two messuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pasture, and fifty acres of wood, with the appurtenances, in Dale. SECT. 3. THE CONCORD. AND the agreement is such, to wit, that the aforesaid Abraham, Cecilia, and John have acknowledged the aforesaid tenements, with the appurtenances, to be the right of him the said David, as those which the said David hath of the gift of the aforesaid Abraham, Cecilia, and John; and those they have remised and quitted claim, from them and their heirs, to the aforesaid David, and his heirs, forever. And further, the same Abraham, Cecilia, and John, have granted, for themselves and their heirs, that they will warrant to the aforesaid David, and his heirs, the aforesaid tenements, with the appurtenances, against all men, forever. And for this recognition, remise, quit-claim, warranty, fine, and agreement, the said David hath given to the said Abraham, Cecilia, and John, two hundred pounds sterling. SECT. 4. THE NOTE OR ABSTRACT. Norfolk, } BETWEEN David Edwards, esquire, complainant, and Abra to wit. ham Barker, esquire, and Cecilia his wife, and John Barker, esquire, deforciants, of two messuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pasture, and fifty acres of wood, with the appurtenances, in Dale, whereupon a plea of covenant was summoned between them: to wit, that the said Abraham, Cecilia, and John, have acknowledged the aforesaid tenements, with the appurtenances, to be the right of him the said David, as those which the said David hath of the gift of the aforesaid Abraham, Cecilia, and John; and those they have remised and quitted claim, from them and their heirs, to the aforesaid David and his heirs, forever. And further, the said Abraham, Cecilia, and John, have granted for themselves, and their heirs, that they will warrant to the aforesaid David, and his heirs, the aforesaid tenements, with the appurtenances, against all men, forever. And for this recognition, remise, quit-clain, warranty, fine, and agreement, the said David hath given to the said Abraham, Cecilia, and John, two hundred pounds sterling. } SECT. 5. THE FOOT, CHIROGRAPH, OR INDENTURES OF THE FINE. SECT. 6. PROCLAMATIONS, INDORSED UPON THE FINE, ACCORDING TO THE THE FIRST proclamation was made the sixteenth day of November, in the term of Saint Michael, in the twenty-first year of the king within-written. The second proclamation was made the fourth day of February, in the term of Saint Hilary, in the twenty-first year of the king within-written. The third proclamation was made the thirteenth day of May, in the term of Easter, in the twenty-first year of the king within-written. The fourth proclamation was made the twenty-eighth day of June, in the term of the holy Trinity, in the twenty-second year of the king within-written. No. V. A COMMON RECOVERY OF LANDS WITH DOUBLE VOUCHER. SECT. 1. WRIT OF ENTRY SUR DISSEISIN IN THE POST, OR PRÆCIPE. GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so forth, to the sheriff of Norfolk, greeting. Command David Edwards, esquire, that, justly and without delay, he render to Francis Gelding, clerk, two messuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pasture, and fifty acres of wood, with the appurtenances, in Dale, which he claims to be his right and inheritance, and into which the said David hath not entry, unless after the disseisin, which Hugh Hunt thereof unjustly, and without judgment, hath made to the aforesaid Francis, within thirty years now last past, as he saith, and whereupon he complains that the aforesaid David deforceth him. And unless he shall so do, and if the said Francis shall give you security of prosecuting his claim, then summon by good summoners the said David, that he appear before our justices at Westminster on the octave of Saint Martin, to show wherefore he hath not done it: and have you there the summoners, and this writ. ness ourself at Westminster, the twenty-ninth day of October, in the twenty-first year of our reign. Wit No. IV. No. V GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so forth, to all to whom these our present letters shall come, greeting. Know ye, that among the pleas of land enrolled at Westminster, before Sir John Willes, knight, and his fellows, our justices of the bench, of the term of Saint Michael, in the twenty-first year of our reign, upon the fifty-second roll, it is thus contained: Entry returnable on the Return. octave of St. Martin. Norfolk, to wit: Francis Golding, clerk, in his proper Demand against person, demandeth against David Edwards, esquire, two messuages, two the tenant. gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pasture, and fifty acres of wood, with the appurtenances, in Dale, as his right and inheritance, and into which the said David hath not entry, unless after the disseisin which Hugh Hunt thereof unjustly, and without judgment, hath made to the aforesaid Francis, within thirty years now last past. And whereupon he saith, that he himself was seised of the tenements Count aforesaid, with the appurtenances, in his demesne as of fee and right, in time of peace, in the time of the lord the king that now is, by taking the profits thereof to the value [tof six shillings and eight pence, and more, in rents, corn, Esplees. and grass] and into which [the said David hath not entry, unless as aforesaid] and thereupon he bringeth suit [and good proof.] And the said David, Defence of the in his proper person, comes and defendeth his right, when [and where it tenant. shall behove him], and thereupon voucheth to warranty "John Barker, Warranty. esquire, who is present here in court in his proper person, and the tenements aforesaid, with the appurtenances, to him freely warranteth [and prays that the said Francis may count against him]. And hereupon the said Francis "Demand demandeth against the said John, tenant by his own warranty, the tenements against the aforesaid, with the appurtenances, in form aforesaid, &c. And whereupon he saith, that he himself was seised of the tenements aforesaid, with the appurtenances, in his demesne as of fee and right, in time of peace, in the time of the lord the king that now is, by taking the profits thereof to the value, &c. *Note, that, if the recovery be had with single voucher, the parts marked "thus " in section 2 are omitted. ↑ The clauses between hooks are no otherwise expressed in the record than by an &c. Voucher. "youchee. "Count. No. V. "Defence of "Second "Voucher. Warranty. against the 30mmon vouchee. Count. Defence of the common vouchee. Plea, nul dis seisin. Imparlance. Default of the common vouchee. And into which, &c. And thereupon he bringeth suit, &c. And the aforesaid John, tenant by his own warranty, defends his right, when, &c., and thereupon the vouchee. he further voucheth to warranty" Jacob Moreland; who is present here in court in his proper person, and the tenements aforesaid, with the appurtenances, to him freely warranteth, &c. And hereupon the said Francis demandeth against the said Jacob, tenant by his own warranty, the tenements aforesaid, with the appurtenances, in form aforesaid, &c. And whereupon he saith, that he him self was seised of the tenements aforesaid, with the appurtenances, in his demesne as of fee and right, in time of peace, in the time of the lord the king that now is, by taking the profits thereof to the value, &c. And into which, &c. And thereupon he bringeth suit, &c. And the aforesaid Jacob, tenant by his own warranty, defends his right, when, &c. And saith that the aforesaid Hugh did not disseise the aforesaid Francis of the tenements aforesaid, as the aforesaid Francis by his writ and count aforesaid above doth suppose and of this he puts himself upon the country. And the aforesaid Francis thereupon craveth leave to imparl; and he hath it. And afterwards the aforesaid Francis cometh again here into court, in this same term in his proper person, and the aforesaid Jacob, though solemnly called, cometh not again, but hath departed in contempt of the court, and maketh default. Therefore it is considered, that the aforesaid Francis do recover his seisin against the aforesaid David of the tenements aforesaid, with the appurtenances: and that the said David have of the land of the aforesaid "John to the value [of the tenements aforesaid}: and further, that the said John have of the land of the said " Jacob to the value [of the tenements aforesaid.] And the said Jacob in mercy. And hereupon the said Francis prays a writ of the lord the king, to be directed to the sheriff of the county aforesaid, to cause him to have full seisin of the tenements aforesaid, with the appurtenances: and it is granted unto him, returnable here without delay. Afterwards, that is to say, the twenty-eighth day of November, in this same term, here cometh the said Francis in his proper person; and the sheriff, namely, Sir Charles Thompson, knight, now sendeth, that he, by virtue of the writ aforesaid to him directed, on the twenty-fourth day of the same month, did cause the said Francis to have full seisin of the tenements aforesaid, with the appurtenances, as he was commanded. All and singular which premises, at the request of the said Francis, by the tenor of these presents, we have held good to be exemplified. In testimony whereof we have caused our seal, appointed for sealing writs in the bench aforesaid, to be affixed to these presents. Witness Sir John Willes, knight, at Westminster, the twenty-eighth day of November, in the twenty-first year of our reign. Judgment for the demandant. Recovery in value. Amercement. Award of the writ of seisin, and return. Exemplification continued. Teste COOKE. 692 END OF VOL. I. |