No II.

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, to the preupon the trusts, and to and for the intents and purposes, and ceding uses in this deed. 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 here- Other counto, doth hereby for himself, his heirs, executors, and admi- venants; nistrators, 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, for quiet hereditaments, and premises, shall and may at all times hereafter enjoyment, 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 from 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, her, their, or any of their act, means, assent, consent or procurement; and moreover that he the said Abraham Barker and and for furCecilia his wife, parties hereunto, and his or her heirs, and all ther assurother 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, 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

or

incumbrances.

ance.

No II.

Power of revocation.

Conclusion.

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 dwellings, or places of abode. Provid:D 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 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 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 witness whereof the parties to these presents their hands and seals have subscribed and set, the day and year first above written.

An OBLIGATION or BOND, with CONDITION for the
Payment of Money.

K

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 abovenamed 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.)

N° IV.

N° IV.

A FINE of Lands sur Cognizance de Droit, come

ceo, &c.

Writ of Covenant; or PRAECIPE.

EDRGE 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 Saint Michael in one month, to shew 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.

Norfolk, David Edwards, esquire, gives to the lord the king to wit. ten marks, for licence 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.

§ 3. The Concord.

And the agreement is such, to wit, that the aforesaid Abraham, Cecilia, and John have acknowledged the aforesaid tenements

No V.

Defence

of the

vouchee.

Plea, nul

lance.

Therefore Judgment

in value.

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 common aforesaid Francis by his writ and count aforesaid above doth suppose: and of this he puts himself upon the country. And the disseisin. aforesaid Francis thereupon craveth leave to imparl; and he hath Imparit. And afterwards the aforesaid Francis cometh again here into Default of court in this same term in his proper person, and the aforesaid the common Jacob, though solemnly called, cometh not again, but hath de- vouchee. parted in contempt of the court, and maketh default. it is considered, that the aforesaid Francis do recover his seisin for the demandant. against the aforesaid David of the tenements aforesaid, with the appurtenances: and that the said David have of the land of the Recovery 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 AmerceJacob in mercy. And hereupon the said Francis prays a writ ment. 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, Award of returnable here without delay. Afterwards, that is to say, the the writ of twenty-eighth day of November in this same term, here cometh seisin, and the said Francis in his proper person; and the sheriff namely Sir Charles Thomson, 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 singulør which premises, at the request of the said Francis, by the tenor of these presents we have held good cation continued. 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 Teste. Westminster, the twenty-eighth day of November, in the twentyfirst year of our reign.

Cooke.

return.

Exemplifi

THE END OF THE SECOND VOLUME.