No. II. to the preced. ing uses in this deed. Other covenants; ment, free from incumbrances, as immediately from and after the suffering and perfecting of the said recovery or recoveries, so as aforesaid, or in any other manner or at any other time or times, suffered or to be suffered, as well these presents and the assurance hereby made, and the said fine or fines so covenanted to be levied aforesaid, as also the said recovery or recoveries, and also all and every other fine or fines, recovery and recoveries, conveyances, and assurances in the law whatsoever heretofore had, made, levied, suffered, or executed, or hereafter to be had, made, levied, suffered, or executed, of the said capital messuage, lands, tenements, hereditaments, and premises, or any of them, or any part thereof, by and between the said parties to these presents, or any of them, or whereunto they or any of them are or shall be parties or privies, shall be and enure, and shall be adjudged, deemed, construed and taken, and so are and were meant and intended, to be and enure, and the recoveror or recoverors in the said recovery or recoveries named or to be named, and his or their heirs, shall stand and be seised of the said capital messuage, lands, tenements, hereditaments and premises, and of every part and parcel thereof, to the uses, upon the trusts, and to and for the intents and purposes, and under and subject to the provisoes, limitations, and agreements, hereinbefore mentioned, expressed and declared, of and concerning the same. And the said Abraham Barker, party hereunto, for quiet enjoy. doth hereby, for himself, his heirs, executors and administrators, further covenant, promise, grant and agree to and with the said David Edwards and Francis Golding, their heirs, executors, and administrators, in manner and form following; that is to say, that the said capital messuage, lands, tenements, hereditaments and premises, shall, and may at all times hereafter, remain, continue, and be, to and for the uses and purposes, upon the trusts, and under and subject to the provisoes, limitations and agreements, herein before mentioned, expressed, and declared, of and concerning the same; and shall and may be peaceably and quietly had, held, and enjoyed accordingly, without any lawful let or interruption of or by the said Abraham Barker or Cecilia, his wife, parties hereunto, his or her heirs or assigns, or of or by any other person or persons lawfully claiming or to claim from, by, or under, or in trust for, him, her, them or any of them; or from, by, or under his or her ancestors, or any of them; and shall so remain, continue, and be, free and clear, and freely and clearly acquitted, exonerated and discharged, or otherwise by the said Abraham Barker or Cecilia, his wife, parties hereunto, his or her heirs, executors, or administrators, well and sufficiently saved, defended, kept harmless and indemnified, of, from, and against all former and other gifts, grants, bargains, sales, leases, mortgages, estates, titles, troubles, charges and incumbrances, whatsoever, had, made, done, committed, occasioned or suffered, or to be had, made, done, committed, occasioned or suffered, by the said Abraham Barker or Cecilia, his wife, or by his or her ancestors, or any of them, or by his, and for further her, their, or any of their, act, means, assent, consent or procurement: And moreover, that he the said Abraham Barker and Cecilia, his wife, parties hereunto, and his or her heirs, and all other persons having, or lawfully claiming, or which shall or may have, or lawfully claim, any estate, right, title, trust or interest, at law or in equity, of, in, to, or out of, the said capital messuage, lands, tenements, hereditaments and premises, or any of them, or any part thereof, by or under or in trust for him, her, them, or any of them, or by or under his or her ancestors or any of them, shall and will, from time to time, and at all times hereafter, upon every reasonable request, and at the costs and charges of the said David Edwards and Francis Golding, or either of them, their or either of their heirs, executors, or administrators, make, do and execute, or cause to be made, done and executed, all such further and other lawful and reasonable acts, deeds, conveyances and assurances in the law whatsoever, for the further, better, more perfect, and absolute granting, conveying, settling and assuring of the same capital messuage, lands, tenements, hereditaments and premises, to and for the uses and purposes, upon the trusts, and under and subject to the provisoes, limitations and agreements, herein before mentioned, expressed and declared, of and concerning the same, as by the said David Edwards and Francis Golding, or either of them, their or either of their heirs, executors or administrators, or their or any of their counsel learned in the law, shall be reasonably advised, devised or required: so as such further assurances contain in them no further or other warranty or covenants than against the person or persons, his, her, or their heirs, who shall make or do the same; and so as the party or parties who shall be requested to make such further assurances, be not compelled or compellable, for making or doing thereof, to go and travel above five miles from his, her, or their then respective Power of revo- dwellings or places of abode. Provided lastly, and it is hereby further declared and agreed by and between all the parties to these presents, that it shall and may be lawful to and for the said Abraham Barker and Cecilia his wife, John Barker and Katherine his intended wife, and David Edwards, at any time or assurance. cation. 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. Sealed and delivered, being first duly stamped, in the pres- George Carter. William Browne. No. III. Abraham Barker. (L. S.) (L. S.) 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- David Edwards. (L. S.) George Carter. William Browne. No. IV. No. IV. A FINE OF LANDS SUR COGNIZANCE DE DROIT, COME CEO, &c. SECT. 1. WRIt of Covenant, 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 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, 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 _Abrato 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-claim, 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. } THIS IS THE FInal agreement, made in the court of the lord, the king, at Westminster, from the day of Saint Michael in one month, in the twenty-first year of the reign of the lord George the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so forth, before John Willes, Thomas Abney, Thomas Burnet, and Thomas Birch, justices, and other faithful subjects of the lord the king then there present, between David Edwards, esquire, complainant, and Abraham 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 in the said court; 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. 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 Golding, 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 summopers 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. Pledges of prosecution. John Doe. Summoners of the John Den. SECT. 2. EXEMPLIFICATION OF THE RECOVERY ROLL. 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. "Vouchee. "Count. No. V. "Defence of "Second "voucher. Warranty. against the common vouchee. Count. Defence of the common Vouchee. Plea, nul disseisin. 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 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. 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, writ of seisin, 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 and return. Exemplification continued. Teste. 692 END OF VOL. I. COOKE. |