No. II. 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 and in any part or parcel thereof, and to declare new and other uses of the same, or of any part or parcel thereof, any thing herein contained to the contrary thereof in any wise notwithstanding In Conclusion. WITNESS whereof the parties to these presents their hands and seals have subscribed and set, the day and year first above written. Sealed and delivered, being; William Browne. AN OBLIGATION, OR BOND, WITH CONDITION KNOW ALL MEN by these presents, that I David Edwards THE CONDITION of this obligation is such, that if the abovebounden 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 presence of George Carter. William Browne. David Edwards. (L.S.) A FINE (1) OF LANDS SUR COGNIZANCE DE DROIT, SECT. 1. WRIT OF COVENANT (2); 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 Westminister the ninth day of October, in the twenty-first year of our reign. Sheriff's return. Pledges of Summoners of the within-named A-John Den. prosecution, ♫ Richard Roe. braham, Cecilia, Richard Fen. and John SECT. 2. THE LICENSE TO AGREE. Norfolk, the king ten marks, for license to agree with Abra Norfolk, DAVID EDWARDS, esquire, gives to the lord to wit. ham 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, for ever. 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, for And for this recognition, remise, quit-claim, warranty, ever. (1) Fines were abolished by statute 3 & 4 Gul. IV. c. 74. 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 and Abraham Barker, esquire, and Cecilia his wife, Norfolk, BETWEEN David Edwards, esquire, complainant, to wit. 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 for ever. 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, for 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. ever. SECT. 5. THE FOOT, CHIROGRAPH, OR INDENTUres of the Fine. Norfolk, THIS IS THE FINAL AGREEMENT, made in the court to wit. 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, for ever. 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, for ever. And for this No. IV. 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 ENDORSED UPON THE FINE, Accord- 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. No. V. A COMMON RECOVERY (3) OF LANDS WITH *DOUBLE VOUCHER. SECT. 1. WRIT OF ENTRY SUR DISSEISIN IN THE POST; OR GEORGE the second, by the grace of God, of Great Britain, *Note, that, if the recovery be had with single voucher, the parts marked "thus" in sect. 2, are omitted. (3) Common recoveries were abolished by statute 3 & 4 Gul. IV. c. 74. the twenty-ninth day of October, in the twenty-first year of our No. V. Sheriff's return. SECT. 2. EXEMPLIFICATION OF THE RECOVERY ROLL. the tenant. 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 octave of Saint Martin. NORFOLK, to Return. wit: Francis Golding, clerk, in his proper person demandeth Demand against against David Edwards, esquire, 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, 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 Count. 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 Esplees. 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 Defence of the David in his proper person comes and defendeth his right, when [and where it shall behove him], and thereupon voucheth to Voucher. warranty “John Barker, esquire; who is present here in court « Warranty. "in his proper person, and the tenements aforesaid, with the 66 tenant. "Demand against the "Vouchee. 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 aforesaid, &c. And whereupon he saith, that he him- "Count. "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 thereAND the aforesaid John, tenant upon he bringeth suit, &c. by his own warranty, defends his right, when, &c. and thereupon he further voucheth to warranty" Jacob Morland; "Se who is present here in court in his proper person, and the tene 66 66 The clauses between hooks are no otherwise expressed in the record than by an &c. "Defence of the "vouchee. Second vouch Warranty. |
