Blackstone's Commentaries on the Laws of England
Book the Second - Appendix
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APPENDIX.
N
o. I.
Vetus Carta FEOFFAMENTI.
STEAND prefentes et futuri, quod ego Willielmus, filius Willielmi de Segenho, dedi, conceffi, et hac prefenti carta mea confirmavi, Johanni quondam filio Johannis de Saleford, pro quadam fumma pecunie quam michi dedit pre mambus, unam acram terre mee arabilis, jacentem in campo de Saleford, juxta terram quondam Richardi de la Mare: Habendam et Tenendam totam predictam acram terre, cum omnibus ejus pertinentiis, prefato Johanni, et heredibus fuis, et fuis affignatis, de capitalibus dominis feodi: Reddendo et faciendo annuatim eifdem dominis capitalibus fervitia inde debita et confueta: Ct ego predictus Willielmus, et heredes mei, et mei affignati, totam predictam acram terre, cum omnibus fuis pertinentiis, predicto Johanni de Saleford, et heredibus fuis, et fuis affignatis, contra omnes gentes warrantizabimus in perpetuum. In cuius rei teftimonium huic prefenti carte figillum meum appofui: Dus teftibus, Nigello de Saleford, Johanne de Seybroke, Radulpho clerico de Saleford, Johanne molendario de cadem villa, et aliis. Data apud Saleford die Veneris proximo ante feftum fancte Margarete virginis, anno regni regis EDWARDI filii regis EDWARDI fexto.
(L. S.)
Memorandum, quod die et anno infrafcriptis plena et pacifica feifina acre infrafpecificate, cum pertinentiis, date et deliberata fuit per infranominatum Willielmum de Segenho infranominato Johanni de Saleford, in propriis perfonis fuis, fecundum tenorem et effectum carte infrafcripte, in prefentia Nigelli de Saleford, Johannis de Scybroke, et aliorum.
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A modern Conveyance by LEASE and RELEASE.
§. 1. LEASE, or BARGAIN and SALE, for a year.
THIS indenture, made the third day of September, in the twenty firft year of the reign of our fovereign lord GEORGE the fecond by the grace of God king of Great Britain, France, and Ireland, defender of the faith, and fo forth, and in the year of our Lord one thoufand, feven hundred, and forty feven, between Abraham Barker of Dale Hall in the county of Norfolk, efquire, and Cecilia his wife, of the one part, and David Edwards of Lincoln's Inn in the county of Middlefex, efquire, and Francis Golding of the city of Norwich, clerk, of the other part, witneffeth; that the faid Abraham Barker and Cecilia his wife, in confideration of five fhillings of lawful money of Great Britain to them in hand paid by the faid David Edwards and Francis Golding at or before the enfealing and delivery of thefe prefents, (the receipt whereof is hereby acknowleged,) and for other good caufes and confiderations them the faid Abraham Barker and Cecilia his wife hereunto fpecially moving, Dave bargained and fold, and by thefe prefents do, and each of them doth, bargain and fell, unto the faid David Edwards and Francis Golding, their executors, adminiftrators, and affigns, All that the capital meffuage, called Dale Hall in the parifh of Dale in the faid county of Norfolk, wherein the faid Abraham Barker and Cecilia his wife now dwell, and all thofe their lands in the faid parifh of Dale called or known by the name of Wilfon's farm, containing by eftimation five hundred and forty acres, be the fame more or lefs, together with all and fingular houfes, dovehoufes, barns, buildings, ftables, yards, gardens, orchards, lands, tenements, meadows, paftures, feedings, commons, woods, underwoods, ways, waters, watercourfes, fifthings, privileges, profits, eafements, commodities, advantages, emoluments, hereditaments, and appurtenances whatfoever to the faid capital meffuage and farm belonging or appertaining, or with the fame ufed or enjoyed, or accepted, reputed, taken, or known, as part, parcel, or member thereof, or as belonging to the fame or any part thereof; and the reverfion and reverfios, remainder and remainders, yearly and other rents, iffues, and profits thereof, and of every part and parcel thereof: To have and to hold the faid capital meffuage, lands, tenements, hereditaments, and all and fingular other the premifes herein before mentioned
or
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or intended to be bargained and fold, and every part and parcel thereof, with their and every of their rights, members, and appurtenances, unto the faid David Edwards and Francis Golding, their executors, adminiftrators, and affigns, from the day next before the day of the date of thefe prefents, for and during, and unto the full end and term of, one whole year from thence next enfuing and fully to be complete and ended: Yielding and paying therefore unto the faid Abraham Barker, and Cecilia his wife, and their heirs or affigns, the yearly rent of one peppercorn at the expiration of the faid term, if the fame fhall be lawfully demanded: To the intent and purpofe, that by virtue of thefe prefents, and of the ftatute for transferring ufes into poffeffion, the faid David Edwards and Francis Golding may be in the actual poffeffion of the premifes, and be thereby enabled to take and accept a grant and releafe of the freehold, reverfion, and inheritance of the fame premifes, and of every part and parcel thereof, to them, their heirs, and affigns; to the ufes, and upon the trufts, thereof to be declared by another indenture, intended to bear date the day next after the day of the date hereof. In witnefs whereof the parties to thefe prefents their hands and feals have fubfcribed and fet, the day and year firft abovewritten.
Sealed, and delivered, being firft duly ftamped, in the prefence of
George Carter.
William Browne.
Abraham Barker. (L. S.)
Cecilia Barker. (L. S.)
David Edwards. (L. S.)
Francis Golding. (L. S.)
§. 2. Deed of RELEASE.
This indenture of five parts, made the fourth day of September, in the twenty-firft year of the reign ofour fovereing lord GEORGE the fecond by the grace of God king of Great Britain, France, and Ireland, defender of the faith, and fo forth, and in the year of our Lord one thoufand, feven hundred, and forty-feven, between Abraham Barker, of Dale Hall in the county of Norfold, efquire, and Cecilia his wife, of the firft part; David Edwards of Lincoln's Inn in the county of Middlefex, efquire, executor of the laft will and reftament of Lewis Edwards, of Cowbridge in the county of Glamorgan, gentleman, his late father, deceafed, and Francis Golding of the city of Norwich, clerk, of the fecond part; Charles Browne of Enftone in the county of Oxford, gentleman, and Richard More of the city of Briftol, merchant, of the third part; Join Barker, efquire, fon and heir apparent of the faid Abraham Barker, of the fourth part; and Katherine Edwards, fpinfter, one of the fifters of the faid David Ed-
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wards, of the fifth part. Whereas a marriage is intended, by the permiffion of God, to be fhortly had and folemnized between the faid John Barker and Katherine Edwards: Now this indenture witneffeth, that in confideration of the faid intended marriage, and of the fum of five thoufand pounds, of good and lawful money of Great Britain, to the faid Abraham Barker, (by and with the confent and agreement of the faif John Barker, and Katherine Edwards, teftified by their being parties to, and their fealing and delivery of, thefe prefents,) by the faid David Edwards in hand paid at or before the enfealing and delivery hereof being the marriage portion of the faid Katherine Edwards, bequeathed to her by the laft will and teftament of the faid Lewis Edwards, her late father, deceafed; the receipt and payment whereof the faid Abraham Barker doth hereby acknowlege, and thereof, and of every part and parcel thereof, they the faid Abraham Barker, John Barker, and Katherine Edwards, do, and each of them doth, releafe, acquit, and difcharge the faid David Edwards, his executors, and adminiftrators, for ever by thefe prefents: and for providing a competent jointure and provifion of maintenance for the faid Katherine Edwards, in cafe fhe fhall, after the faid intended marriage had, furvive and overlive the faid John Barker her intended hufband: and for fettling and affuring the capital meffuage, lands, tenements, and hereditaments, hereinafter mentioned, unto fuch ufes, and upon fuch trufts, as are hereinafter expreffed and declared: and for and in confideration of the fum of five fhillings of lawful money ofGreat Britain to the faid Abraham Barker and Cecilai his wife in hand paid by the faid David Edwards and Francis Golding, and of ten fhillings of like lawful money to them alfo in hand paid by the faid Charles Browne and Richard More, at or before the enfealing and delivery hereof, (the feveral receipts whereof are hereby refpectively acknowleged,) they the faid Abraham Barker and Cecilia his Wife, Dave, and each of them hath, granted, bargained, fold, releafed, and confirmed, and by thefe prefents do, and each of them doth, grant, bargain, fell, releafe, and confirm unto the faid David Edwards and Francis Golding, their heirs and affigns, All that the capital meffuage called Dale Hall, in the parifh of Dale in the faid county of Norfold, wherein the faid Abraham Barker and Cecilia his wife now dwell, and all thofe their lands in the faid parifh of Dale called or known by the name of Wilfon's farm, containing by eftimation five hundred and forty acres, be the fame more or lefs, together with all and fingular houfes, dovehoufes, barns, buildings, ftables, yards, gardens, orchards, lands, tenements, meadows, paftures, feedings, commons, woods, underwoods, ways, waters, water-courfe, fifhings, privileges, profits, eafements, commodities, advantages, emoluments, hereditaments, and appurtenances whatfoever to the faid capital meffuage and farm belonging or appertaining, or with the fame ufed or
enjoyed,
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enjoyed, or accepted, reputed, taken, or known, as part, parcel, or member thereof, or as belonging to the fame or any part thereof; (all which faid premifes are now in the actual poffeffion of the faid David Edwards and Francis Golding, by virtue of a bargain and fale to them thereof made by the faid Abraham Barker and Cecilia his wife for one whole year, in confideration of five fhillings to them paid by the faid David Edwards and Francis Golding, in and by one indenture bearing date the day next before the day of the date hereof, and by force of the ftatute for transferring ufes into poffeffion;) and the reverfion and reverfions, remainder and remainders, yearly and other rents, iffues, and profits thereof, and every part and parcel thereof, and alfo all the eftate, right, title, intereft, truft, property, claim, and demand whatfoever, both at law and in equity, of them the faid Abraham Barker and Cecilia his wife, in, to, or out of, the faid capital meffuage, lands, tenements, hereditaments, and premifes: To have and to hold the faid capital meffuage, lands, tenements, hereditaments, and all and fingular other the premifes herein before mentioned to be hereby granted and releafed, with their and every of their appurtenances, unto the faid David Edwards and Francis Golding, their heirs and affigns, of fuch ufes, upon fuch trufts, and to and for fuch intents and purpofes as are hereinafter mentioned, expreffed, and declared, of and concerning the fame: that is to fay, to the ufe and behoof of the faid Abraham Barker, and Cecilia his wife, according to their feveral and refpective eftates and interefts therein, at the time of, or immediately before, the execution of thefe prefents, until the folemnization of the faid intended marriage: and from and after the folemnization thereof, to the ufe and behoof of the faid John Barker, for and during the term of his natural life; without impeachment of or for any manner of wafte: and from and after the determination of that eftate, then to the ufe of the faid David Edwards and Francis Golding, and their heirs, during the life of the faid John Barker, upon truft to fupport and preferve the contingent ufes and eftates hereinafter limited from ebing defeated and deftroyed, and for the purpofe to make entries, or bring actions, as the cafe fhall require; but neverthelefs to permit and fuffer the faid John Barker, and his affigns, during his life, to receive and take the rents and profits thereof, and of every part thereof, to and for his and their own ufe and benefit: and from and after the deceafe of the faid John Barker, then to the ufe and behoof of the faid Katherine Edwards, his intended wife, for and during the term of her natural life, for her jointure, and in lieu, bar, and fatisfaction of her dower and thirds at common law, which fhe can or may have or claims, or, in, to, or out of, all, and every, or any, of the lands, tenements, and hereditaments, whereof or wherein the faid John Barker now is, or at any time or times hereafter during the coverture between them fhall be feifed of any eftate of
freehold
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freehold or inheritance: and from and after the deceafe of the faid Katherine Edwards, or other fooner determination of the faid eftate, then ot the ufe and behoof of the faid Charles Browne and Richard More, their executors, adminiftrators, and affigns, for and during, and unto the full end and term of, five hundred years from thence next enfuing and fully to be complete and ended, without impeachment of wafte: upon fuch trufts neverthelefs, and to and for fuch intents and purpofes, and under and fubject ot fuch provifoes and agreements, as are hereinafter mentioned, expreffed, and declared of and concerning the fame: and from and after the end, expiration, or other fooner determination of the faid term of five hundred years, and fubject thereunto, to the ufe and behoof of the firft fon of the faid John Barker on the body of the faid Katherine Edwards his intended wife to be begotten, and of the heirs of the body of fuch firft fon lawfully iffuing; and for default of fuch iffue, then to the ufe and behoof of the fecond, third, fourth, fifth, fixth, feventh, eighth, ninth, tenth, and of all and every other the fon and fons of the faid John Barker ofn the body of the faid Katherine Edwards his intended wife to be begotten, feverally, fecceffively, and in remainder, one after another, as they and every of them fhall be in feniority of age and priority of birth, and of the feveral and refpective heirs of the body and bodies of all and every fuch fon and fons lawfully iffuing; the elder of fuch fons, and the heirs of his body iffuing, being always to be preferred and to take before the younger of fuch fons, and the heirs of his or their body or bodies iffuing: and for defaulf of fuch iffue, then to the ufe and behoof of all and every the daughter and daughters of the faid John Barker on the body of the faid Katherine Edwards his intended wife to be begotten, to be equally divided between them, (if more than one,) fhare and fhare alike, as tenants in common and not as jointenants, and of the feveral and refpective heirs of the body and bodies of all and every fuch daughter and daughters lawfully iffuing: and for default of fuch iffue, then to the ufe and behoof of the heirs of the body of him the faid John Barker lawfully iffuing: and for default of fuch heirs, then to the ufe and behoof of the faid Cecilia, the wife of the faid Abraham Barker, and of her heirs and affigns for ever. And as to, for, and concerning the term of five hundred years herein before limited to the faid Charles Browne and Richard More, their executors, adminiftrators and affigns, as aforefaid, it is hereby declared and agreed by and between all the faid parties to thefe prefents, that the fame is fo limited to them upon the trufts, and to and for the intents and purpofes, and under and fubject to the provifoes and agreements, hereinafter mentioned, expreffed, and declared, of and concerning the fame: that is to fay, in cafe there fhall be an eldeft or only fon and one more or other child or children of the faid John Bar-
ker
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ker, on the body of faid Katherine, his intended wife to be begotten, then upon truft that they the faid Charles Browne and Richard More, their executors, adminiftrators, and affigns, by fale or mortgage of the faid term of five hundred years, or by fuch other ways and means as they or the furvivor of them, or the executors or adminiftrators of fuch furvivor fhall think fit, fhall and do raife and levy, or borrow and take up at intereft, the fum of four thoufand pounds of lawful money of Great Britain, for the portion or portions of fuch other child and children (befides the eldeft or only fon) as aforefaid, to be equally divided between them (if more than one) fhare and fhare alike; the portion or portions of fuch of them as fhall be a fon or fons to be paid at his or their refpective age or ages of twenty-one years; and the portion or portions of fuch of them as fhall be a daughter or daughters to be paid at her or their refpective age or ages of twenty one years, or day or days of marriage, which fhall firft happen. And upon this further fruft, that in the mean time and until the fame portions fhall become payable as aforefaid, the faid Charles Browne and Richard More, their executors, adminiftrators, and affigns, fhall and do, by and out of the rents, iffues, and profits of the premifes aforefaid, raife and levy fuch competent yearly fum and fums of money for the maintenance and education of fuch child or children, as fhall not exceed in the whole the intereft of their refpective portions after the rate of four pounds in the hundred yearly. Provided always, that in cafe any of the fame children fhall happen to die before his, her, or their portions of fuch of them fo dying fhall go and be paid unto and be equally divided among the furvivor of furvivors of them, when and at fuch time as the original portion or portions of fuch furviving child or children fhall become payable as aforefaid. Provided alfo, that in cafe there fhall be no fuch child or children of the faid John Barker on the body of the faid Katherine his intended wife begotten, befides an eldeft or only fon; or in cafe all and every fuch child or children fhall happen to die before all or any of their faid portions fhall become due and payable as aforefaid; or in cafe the faid portions, and alfo fuch maintenance as aforefaid, fhall by the faid Charles Browne and Richard More, their executors, adminiftrators, or affigns, be raifed and levied by any of the ways and means in that behalf aforementioned; or in cafe the fame by fuch perfon or perfons as fhall for the time being be next in reverfion or remainder of the fame premifes expectant upon the faid term of five hundred years, fhall be paid, or well and duly fecured to be paid, according to the true intent and meaning of thefe prefents; then and in any of the faid cafes, and at all times thenceforth, the faid term of five hundred years, or fo much thereof as fhall remain unfold or undifpofed of for the purpofes aforefaid, fhall ceafe, determine, and be utterly void to all intents and
purpofes,
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purpofes, any thing herein contained to the contrary thereof in any wife notwithftanding. Provided alfo, and it is hereby further declared and agreed by and between all the faid parties to thefe prefents, that that in cafe the faid Abraham Barker or Cecilia his wife, at any time during their lives, or the life of the furvivor of them, with the approbation of the faid David Edwards and Francis Golding, or the furvivor of them, or the executors and adminiftrators of fuch furvivor, fhall fettle, convey, and affure other lands and tenements of an eftate of inheritance in fee fimple, in poffeffion, in fome convenient place or places within the realm of England, of equal or better value than the faid capital meffuage, lands, tenements, hereditaments and premifes, hereby granted and releafed, and in lieu, and recompenfe thereof, unto and for fuch and the life ufes, intents and purpofes, and upon fuch and the like trufts, as the faid capital meffuage, lands, tenements, hereditaments, and premifes are hereby fettled and affured unto and upon, then and in fuch cafe, and at all times from thenceforth, all and every the ufe and ufes, truft and trufts, eftate and eftates herein before limited, expreffed, and declared of or concerning the fame, fhall ceafe, determine, and be utterly void to all intents and purpofes; and the fame capital meffuage, lands, tenements, hereditaments, and premifes, fhall from thenceforth remain and be to and for the only proper ufe and behoof of the faid Abraham Barker or Cecilia his wife, or the furvivor of them fo fettling, conveying, and affuring and affigns for ever: and to and for no other ufe, intent, or purpofe whatfoever; any thing herein contained to the contrary thereof in any wife nothwithftanding. And, for the confiderations aforefaid, and for barring all eftates tail, and all remainders or reverfions thereupon expectant and depending, if any be now fubfifting and unbarred or otherwife undetermined, of and in the faid capital meffuage, lands, tenements, hereditaments, and premifes, hereby granted and releafed, or mentioned to be hereby granted and releafed, or any of them, or any part thereof, the faid Abraham Barker for himfelf and the faid Cecilia his wife, his and her heirs, executors, and adminiftrators, and the faid John Barker for himfelf, his heirs, executors, and adminiftrators, do, and each of them doth, refpectively covenant, promife, and grant, to and with the faid David Edwards and Francis Golding, their heirs, executors, and adminiftrators, by thefe prefents, that they the faid Abraham Barker and Cecilia his wife, and John Barker, fhall and will, at the cofts and charges of of the faid Abraham Barker, before the end of Michaelmas term next enfuing the date hereof, acknowlege and levy, before his Majefty's juftices of the court of common pleas at Weftminfter, one or more fine or fines, fur cognizance de droit, come ceo, &c. with proclamations
according
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according to the form of the ftatutes in that cafe made and provided, and the ufual courfe of fines in fuch cafes accuftomed, unto the faid David Edwards, and his heirs, of the faid capital meffuage, lands, tenements, hereditaments, and premifes, by fuch apt and convenient names, quantities, qualities, number of acres, and other difcriptions to afcertain the fame, as fhall be thought meet: which faid fine or fines, fo as aforefaid or in any other manner levied and acknowleged, or to be levied and acknowleged, fhall be and enure, and fhall be adjudged, deemed, conftrued, and taken, and fo are and were meant and intended, to be and enure, and are hereby declared by all the faid parties to thefe prefents to be and enure, to the ufe and behoof of the faid David Edwards, and his heirs and affigns; to the intent and purpofe that the faid David Edwards may, by virtue of the faid fine or fines fo covenanted and agreed to be levied as aforefaid, be and become perfect tenant of the freehold of the fair capital meffuage, lands, tenements, hereditaments, and all other the premifes, to the end that one or more good and perfect common recovery or recoveries may be thereof had and fuffered, in fuch manner as is hereinafter for that purpofe mentioned. And it is hereby declared and agreed by and between all the faid parties to thefe prefents, that it fhall and may be lawful to and for the faid Francis Golding, at the cofts and charges of the faid Abraham Barker, before the end of Michaelmas term next enfuing the date hereof, to fue forth and profecute out of his majefty's high court of chancery one more writ or writs of entry fur diffeifin en le poft, returnable before his majefty's juftices of the court of common pleas at Weftminfter, thereby demanding by apt and convenient names, quantities, qualities, number of acres, and other defcriptions, the faid capital meffuage, lands, tenements, hereditaments, and premifes, againft the faid David Edwards; to which faid writ, or writs, of entry he the faid David Edwards fhall appear gratis, either in his own proper perfon, or by his attorney thereto lawfully authorized, and vouch over to warranty the faid Abraham Barker, and Cecilia his wife, and John Barker; who fhall alfo gratis appear in their proper perfons, or by their attorney, or attorneys, thereto lawfully authorized, and enter into the warranty, and vouch over to warranty the common vouchee of the fame court; who fhall alfo appear, and after imparlance fhall make default; fo as judgment fhall and may be thereupon had and given for the faid Francis Golding, to recover the faid capital meffuage, lands, tenements, hereditaments, and premifes, againft the faid David Edwards, and for him to recover in value againft the faid Abraham Barker, and Cecilia his wife, and John Barker, and for them to recover in value againft the faid common vouchee, and that execution fhall and may be thereupon awarded and had accordingly, and all and every other act and thing be done and executed, needful and requifite for the fuffering and
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perfecting of fuch common recovery or recoveries, with vouchers as aforefaid. And it is hereby further declared and agreed by and agreed by and between all the faid parties to thefe prefents, that immediately from and after the fuffering and perfecting of the faid recovery or recoveries, fo as aforefaid, or in any other manner, or at any other time or times, fuffered or to be fuffered, as well thefe prefents and the affurance hereby made, and the faid fine or fines fo covenanted to be levied as aforfaid, as alfo the faid recovery or recoveries, and alfo all and every other fine and fines, recovery and recoveries, conveyances, and affurances in the law whatfoever heretofore had, made, levied, fuffered, or executed, or hereafter to be had, made, levied, fuffered, or executed, of the faid capital meffuage, lands, tenements, hereditaments, and premifes, or any of them or any part thereof, by and between the faid parties of thefe prefents or any of them, or whereunto they or any of them are or fhall be parties or privies, fhall be and enure, and fhall be adjudged, deemed, conftrued, and taken, and fo are and were meant and intended, to be and enure, and the recoveror or recoverors in the faid recovery or recoveries named or to be names, and his or their heirs, fhall ftand and be feifed of the faid capital meffuage, lands, tenements, hereditaments, and premifes, and of every part and parcel thereof, to the ufes, upon the trufts, and to and for the intents and purpofes, and under and fubject to the provifoes, limitations, and agreements, herein before mentioned, expreffed, and declared, of and concerning the fame. And the faid Abraham Barker, party hereunto, doth hereby for himfelf, his heirs, executors, and adminiftrators, further covenant, promife, grant, and agree, to and with the David Edwards and Francis Golding, their heirs, executors, and adminiftrators, in manner and form following; that is to fay, that the faid capital meffuage, lands, tenements, hereditaments, and premifes, fhall and may at all times hereafter remain, continue, and be, to and for the ufes and purpofes, upon the trufts, and under and fubject to the provifoes, limitations, and agreements, hereinbefore mentioned, expreffed, and declared, of and concerning the fame; and fhall and may be peaceably and quietly had, held, and enjoyed accordingly, without any lawful let or interruption of or by the faid Abraham Barker or Cecilia his wife, parties hereunto, his or her heirs or affigns, or of or by any other perfon or perfons lawfully claiming or to claim from, by, or under, or in truft for him, her, them, or any of them, or from, by, or under his or her anceftors, or any of them; and fhall fo remain, continue, and be, free and clear, and freely and clearly acquitted, exonerated, and difcharged, or otherwife by the faid Abraham Barker, or Cecilia his wife, parties hereunto, his or her heirs, executors, or adminiftrators, well and fufficiently faved, defended, kept harmlefs, and indemnified or, from and againft all former and other gifts, grants, bargains, fales,
leafes,
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APPENDIX.
leafes, mortgages, eftates, titles, troubles, charges, and incumbrances whatfoever, had, made, done, committed, occafioned, or fuffered, or to be had, made, done, committed, occafioned, or fuffered, by the faid Abraham Barker, or Cecilia his wife, or by his or her anceftors, or any of them, or by his, her, their, or any of their act, means, affent, confent, or procurement: And moreover that he the faid Abraham Barker, and Cecilia his wife, parties hereunto, and his and her heirs, and all other perfons having or lawfully claiming, or which fhall or may have or lawfully claim, any eftate, right, title, truft, or intereft, at law or in equity, of, in, to, or out of, the faid capital meffuage, lands, tenements, hereditaments, and premifes, or any of them, or any part thereof, by or under or in truft for him, her, them, or any of them, or by or under his or her anceftors or any of them, fhall and will from time to time, and at all times hereafter, upon every reafonable requeft, and at the cofts and charges, of the faid David Edwards and Francis Golding, or either of them, their or either of their heirs, executors, or adminiftrators, make, do, and execute, or caufe to be made, done, and executed, all fuch further and other lawful and reafonabl acts, deeds, conveyances, and affurances in the law whatfoever, for the further, better, more perfect, and abfolute granting, conveying, fettling, and affuring of the fame capital meffuage, lands, tenements, hereditaments, and premifes, to and for the ufes and purpofes, upon the trufts, and under and fubject to the provifoes, limitations, and agreements, herein before mentioned, expreffed, and declared, of and concerning the fame, as by the faid David Edwards and Francis Golding or either of them, their or either of their heirs, executors, or adminiftrators, or their or any of their counfel learned in the law fhall be be reafonably advifed, devifed, or required: fo as fuch further affurances contain in them no further or other warranty or covenants than againft the perfon or perfons, his, her, or their heirs, who fhall make or do the fame; and fo as the party or parties, who fhall be requefted to make fuch further affurances, be not compelled or compellable, for making or doing thereof, to go and travel above five miles from his, her, or their then refpective dwellings, or places of above. Provided lauly, and it is hereby further declared and agreed by and between all the parties to thefe prefents, that it fhall and may be lawful to and for the faid Abraham Barker and Cecilia his wife, John Barker and Katherine his intended wife, and David Edwards, and any time or times hereafter, during their joing lives, by any writing or writings under their refpective hands and feals and attefted by two or more credible witneffes, to revoke, make void, alter, or change all and every or any the ufe and ufes, eftate and eftates, herein and hereby before limited and declared, or mentioned or intended to be limited and declared, of and in the capital meffuage, lands, tenements, hereditaments, and
.P xii
APPENDIX.
premifes aforehaid, or of and in any part or parcel thereof, and to declare new and other ufes of the fame, or of any part or parcel thereof, any thing herein contained to the contrary thereof in any wife notwithftanding. In witnefs whereof the parties to thefe prefents their hands and feals have fubfcribed and fet, the day and year firft above written.
Sealed, and delivered, being firft duly ftamped, in the prefence of
George Carter.
William Browne.
Abraham Barker. (L. S.)
Cecilia Barker. (L. S.)
David Edwards. (L. S.)
Francis Golding. (L. S.)
Charles Browne. (L. S.)
Richard More. (L. S.)
John Barker. (L. S.)
Katherine Edwards. (L. S.)
N. III.
.P xiii
APPENDIX.
N
o. III.
AN OBLIGATION, or BOND, with CONDITION for the Payment of Money.
KNOW all men by thefe prefents, that I David Edwards, of Lincoln's Inn in the county of Middlefex, efquire, am held and firmly bound to Abraham Barker of Dale Hall in the county of Norfolk, efquire, in ten thoufand pounds of lawful money of Great Britain, to be paid to the faid Abraham Barker, or his certain attorney, executors, adminiftrators, or affigns; for which payment well and truly to be made, I bind myfelf, my heirs, executors, and adminiftrators, firmly by thefe prefents, fealed with my feal. Dated the fourth day of September in the twenty firft year of the reign of our fovereign lord GEORGE the fecond by the grace of God king of Great Britain, France, and Ireland, defender of the faith, and fo forth, and in the year of our Lord one thoufand, feven hundred, and forty feven.
THE condition of this obligation is fuch, that if the above bounden David Edwards, his heirs, executors, or adminiftrators, do and fhall well and truly pay, or caufe to be paid, unto the above named Abraham Barker, his executors, adminiftrators, or affigns, the full fum of five thoufand pounds of lawful Britifh money, with lawful intereft for tha fame, on the fourth day of March next enfuing the date of the above written obligation, then this obligation fhall be void and of none effect, or elfe fhall be and remain in full force and virtue.
Sealed, and delivered, being firft duly ftamped, in the prefence of
George Carter.
William Browne.
David Edwards. (L. S.)
N. IV.
.P xiv
APPENDIX.
N
o. IV.
A FINE of Lands, fur Cognizance de Droit, come ceo, &c.
§. 1. Writ of Covenant; or PRAECIPE.
GEORGE the fecond by the grace of God of Great Britain, Grance, France and Ireland king, defender of the faith, and fo forth; to the fheriff of Norfolk, greeting. Command Abraham Barker, efquire, and Cecilia his wife, and John Barker, efquire, that juftly and without delay they perform to David Edwards, efquire, the covenant made between them of two meffuages, two gardens, three hundred acres of pafture, and fifty acres of wood, with the appurtenances, in Dale; and unlefs they fhall fo do, and if the faid David fhall give you fecurity of profecuting his claim, then fummon by good fummoners the faid Abraham, Cecilia, and John, that they appear before our juftices, at Weftminfter, from the day of faint Michael in one month, to fhew wherefore they have not done it: and have you there the fummoners, and this writ. Witnefs ourfelf at Weftminfter, the ninth day of October, in the twenty firft year of our reign.
Pledges of profecution,
John Doe.
Richard Roe.
Summoners of the within named Abraham, Cecilia, and John.
John Den.
Richard Fen.
§. 2. The Licence to agree.
Norfolk, to wit.
David Edwards, efquire, gives to the lord the king ten marks, for licence to agree with Abraham Barker, efquire, of a plea of covenant of two meffuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pafture, and fifty acres of wood, with the appurtenances, in Dale.
§. 3. The Concord.
And the agreement is fuch, to wit, that the aforefaid Abraham, Cecilia, and John, have acknowleged the aforefaid tenements, with
the
.P xv
APPENDIX.
the appurtenances, to be the right of him the faid David, as thofe which the faid David hath of the gift of the aforefaid Abraham, Cecilia, and John; and thofe they have remifed and quitted claim, from them and their heirs, to the aforefaid David and his heirs for ever. And further, the fame Abraham, Cecilia, and John, have granted, for themfelves and their heirs, that they will warrant to the aforefaid David, and his heirs, the aforefaid tenements, with the appurtenances, againft all men for ever. And for this recognition, remife, quit-claim, warranty, fine, and agreement, the faid David hath given to the faid Abraham, Cecilia, and John, two hundred pounds fterling.
§. 4. The Note, or Abftract.
Norfolk, to wit.
Between David Edwards, efquire, complainant, and Abraham Barker, efquire, and Cecilia nhis wife, and John Barker, efquire, deforciants, of two meffuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pafture, and fifty acres of wood, with the appurtenances, in Dale, whereupon a plea of covenant was fummoned between them; to wit, that the faid Abraham. Cecilia, and John, have acknowleged the aforefaid tenement, with the appurtenances, to be the right of him the faid David, as thofe which the faid David hath of the gift of the aforefaid Abraham, Cecilia, and John; and thofe they have remifed and quitted claim, from them and their heirs, to the aforefaid David and his heirs for ever. And further, the fame Abraham, Cecilia, and John, have granted for themfelves, and their heirs, that they will warrant to the aforefaid David, and his heirs, the aforefaid tenements, with the appurtenances, againft all men for ever. And for this recognition, remife, quit-claim, warranty, fine, and agreement, the faid David hath given to the faid Abraham, Cecilia, and John, two hundred pounds fterling.
§. 5. The Foot, Chirograph, or Indentures, of the FINE.
Norfolk, to wit.
This is the final agreement, made in the court of the lord the king at Weftminfter, from the day of faint Michael in one month, in the twenty firft year of the reign of the lord GEORGE the recond by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth, before John Willes, Thomas Abney, Thomas Burnet, and Thomas Birch, juftices, and other faithful fubjects of the lord the king then there prefent, between David Edwards, efquire, complainant, and Abraham Barker, efquire, and Ce-
cilia
.P xvi
APPENDIX.
N
o. IV.
cilia his wife, and John Barker, efquire, deforciants, of two meffuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pafture, and fifty acres of wood, with the appurtenances, in Dale, whereupon a plea of covenant was fummoned between them in the fame court; to wit, that the aforefaid Abraham, Cecilia, and John, have acknowleged the aforefaid tenements, with the appurtenances, to be the right of him the faid David, as thofe which the faid David hath of the gift of the aforefaid Abraham, Cecilai, and John; and thofe they have remifed and quitted claim, from them and their heirs, to the aforefaid David and his heirs for ever. And further, the fame Abraham, Cecilia, and John, have granted for themfelves and their heirs, that they will warrant to the aforefaid David and his heirs, the aforefaid tenements, with the appurtenances, againft all men for ever. And for this recognition, remife, quit-claim, warranty, fine, and agreement, the faid David hath given to the faid Abraham, Cecilia, and John, two hundred pounds fterling.
§. 6. Proclamations, endorfed upon the FINE, according to the Statutes.
The firft proclamation was made the fixteenth day of November, in the term of faint Michael, in the twenty firft year of the king withinwritten.
The fecond proclamation was made the fourth day of February, in the term of faint Hilary, in the twenty firft year of the king withinwritten.
The third proclamation was made the fhirteenth day of May, in the term of Eafter, in the twenty firft year of the king withinwritten.
The fourth proclamation was made the twenty eighth day of June, in the term of the holy Trinity, in the twenty fecond year of the king withinwritten.
N
o. V.
.P xvii
APPENDIX.
N
o. V.
A common RECOVERY of Lands, with * double Voucher.
§. 1. Writ of Entry fur Diffeifin in the Poft; or, PRAECIPE.
GEORGE the fecond by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth; to the fheriff of Norfolk, greeting. Command David Edwards, efquire, that juftly and without delay he render to Francis Golding, clerk, two meffuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pafture, and fifty acres of wood, with the appurtenances, in Dale, which he claims to be his right and inheritance, and into which the faid David hath not entry, unlefs after the diffeifin, which Hugh Hunt thereof unjuftly, and without judgement, hath made to the aforefaid Francis, within thirty years now laft paft, as he faith, and whereupon he complains that the aforefaid David deforceth him. And unlefs he fhall fo do, and if the faid Francis fhall give you fecurity of profecuting his claim, then fummon by good fummoners the faid David, that he appear before our juftices at Weftminfter, on the octave of faint Martine, to thew wherefore he hath not done it: and have you there the fummoners, and this writ. Witnefs ourfelf at Weftminfter, the twenty ninth day of October, in the twenty firft year of out reign.
Pledges of profecution,
John Doe.
Richard Roe.
Summoners of the withinnamed David,
John Den.
Richard Fen.
§. 2. Exemplification of the RECOVERY Roll.
GEORGE the fecond by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth; to all to whom thefe our prefent leters fhall come, greeting. Snow ye, that among the pleas of land, enrolled at Weftminfter, before Sir John Willes, knight, and his fellows, our juftices of the bench, of the term of faint Michael, in the twenty firft year of out reign, upon the fifty fecond roll it is thus contained. Entry returnable on the oc-
.{FS}
* Note, that if the recovery be had with fingle voucher, ther parts marked “thus” is §. 2. are omitted.
.{FE}
.P xviii
APPENDIX.
tave of faint Martin. Norfolk, to wit: Francis Golding, clerk, in his proper perfon demandeth againft David Edwards, efquire, two meffuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pafture, and fifty acres of wood, with the appurtenances, in Dale, as his right and inheritance, and into which the faid David hath not entry, unlefs after the diffeifin, which Hugh Hunt thereof unjuftly, and without judgment, hath made to the aforefaid Francis, within thirty years now laft paft. And whereupon he faith, that he himfelf was feifed of the tenements aforefaid, with the appurtenances, in his demefne 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 fix fhillings and eight pence, and more, in rents, corn, and grafs:] and into which [the faid David hath not entry, unlefs as aforefaid:] and thereupon he bringeth fuit, [and good proof.] And the faid David in his proper perfon comes and defendeth his right, when [and where the court fhall award,] and thereupon voucheth to warranty “John Barker, efquire; who is prefent here in court in his proper perfon, and the tenements aforefaid with the appurtenances to him freely waranteth, [and prays that the faid Francis may count againft him.] And hereupon the faid Francis demandeth againft the faid John, tenant by his own warranty, the tenements aforefaid with the appurtenances, in form aforefaid, &c. And whereupon he faith, that he himfelf was feifed of the tenements aforefaid, with the appurtenances, in his demefne 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 whereupon he bringeth fuit, &c. And the aforefaid John, tenant by his own warranty, defends his right, when, &c. and thereupon he further voucheth to warranty” Jacob Morland; who is prefent here in court in his proper perfon, and the tenements aforefaid, with the appurtenances, to him freely warranteth, &c. and hereupon the faid Francis demandeth againft the faid Jacob, tenant by his own warranty, the tenements aforefaid, with the appurtenances, in form aforefaid, &c. And whereupon he faith, that he himfelf was feifed of the tenements aforefaid, with the appurtenances, in his demefne 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 the bringeth fuit, &c. And the aforefaid Jacob, tenant by his own warranty, defends his right, when, &c. And faith that the aforefaid Hugh did not diffeife the aforefaid Francis of the tenements aforefaid, as the aforefaid Francis by his writ and count afore-
.{FS}
* The claufes, between hooks, are no otherwife expreffed in the record than by an &c.
.{FE}
faid
.P xix
APPENDIX.
faid above doth fuppofe: and of this he puts himfelf upon the country. And the aforefaid Francis thereupon craveth leave to imparl; and he hath it. And afterwards the aforefaid Francis cometh again here into court in this fame term in his proper perfon, and the aforefaid Jacob, though folemnly called, cometh not again, but hath departed in contempt of the court, and maketh default. Therefore it is confidered, that the aforefaid Francis do recover his feifm againft the aforefaid David of the tenements aforefaid, with the appurtenances; and that the faid David have of the land of the aforefaid “John, to the value [of the tenements aforefaid;] and further, that the faid John, have of the land of the faid” Jacob to the value [of the tenements aforefaid.] And the faid Jacob in mercy. And hereupon the faid Francis prays a writ of the lord the king, to be directed to the fheriff of the county aforefaid, to caufe him to have full feifin of the tenements aforefaid with the appurtenances: and it is granted unto him, returnable here without delay. Afterwards, that is to fay, the twenty eighth day of November in this fame term, here cometh the faid Francis in his proper perfon; and the fheriff, namely fir Charles Thompfon, knight, now fendeth, that he by virtue of the writ aforefaid to him directed, on the twenty fourth day of the fame month, did caufe the faid Francis to have full feifin of the tenements aforefaid with the appurtenances, as he was commanded. All and fingular which premifes, at the requeft of the faid Francis, by the tenor of thefe prefents we have held good to be exemplified. In teftimony whereof we have caufed our feal, appointed for fealing writs in the bench aforefaid, to be affixed to thefe prefents. Witnefs fir John Willes, knight, at Weftminfter, the twenty eighth day of November, in the twenty firft year of our reign.
Cooke
THE END
