[xvii] No. V. COMMON RECOVERY OF LANDS WITH* DOUBLE 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 haɩ? 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 shew wherefore he hath not done it: and have you there the summoners, and this writ. Witness ourself at Westminster, the twenty-ninth day of October, in the twenty-first year of our reign. 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 *Note, that if the recovery be had with single voucher, the parts marked "thus" in 2 are omitted. 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 octave of saint Martin. [xviii] Norfolk, to wit: Francis Golding, clerk, in his proper person denandeth against David Edwards, esquire, two mesuages, 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, 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 judg ment, hath made to the aforesaid Francis, within thirty years now last past. 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 [* of six shillings and eight pence, and more, in rents, corn, 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 in his proper person comes and defendeth his right, when [and where it shall behove him3], and thereupon voucheth to warranty "John Barker, 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 demandeth against the said John, tenant by his own warranty, the tenements aforesaid with the appurtenances, in form : 3 Previously, "the court shall award." The clauses between hooks, are no otherwise expressed in the record than by an etc. 2 BLACKST.-68. aforesaid, etc. 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, etc. And into which, etc. And thereupon he bringeth suit, etc. And the aforesaid John, tenant by his own warranty, defends his right, when, etc., and thereupon he further voucheth to warranty" Jacob Morland; who is present here in court in his proper person, and the tenements aforesaid, with the appurtenances, to him freely warranteth, etc. And hereupon the said Francis demandeth against the said Jacob, tenant by his own warranty, the tenements aforesaid, with the appurtenances in form aforesaid, etc. And whereupon he saith, that he himself was seised of the tenements aforesaid, with the appurtenances, in his demesne 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, etc. And into which, etc. And thereupon he bringeth suit, etc. And the aforesaid Jacob, tenant by his own warranty, defends his right, when, etc. 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: [xix] 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. Cooke.. |