No. II.

Release.

Habendum.

the grantors till

receipts whereof are hereby respectively acknowledged,) they the said Abraham Barker and Cecilia his wife, have, and each of them hath, granted, bargained, sold, released, and confirmed, and by these presents do, and each of them doth graut, bargain, sell, release, and confirm unto the said David Edwards and Francis Golding, their heirs and assigns, All that, the capital messunge called Parcels. Dale Hall, in the parish of Dale, in the said county of Norfolk, wherein the said Abraham Barker and Cecilia his wife now dwell, and all those their lands in the said parish of Dale, called or known by the name of Wilson's farm, con taining by estimation five hundred and forty acres, be the same more or less, together with all and singular houses, dove-houses, barns, buildings, stables, yards, gardens, orchards, lands, tenements, meadows, pastures, feedings, commons, woods, underwoods, ways, waters, watercourses, fishings, privileges, profits, easements, commodities, advantages, emoluments, hereditaments, and appurtenances whatsoever to the said capital messuage and farm belonging or appertaining, or with the same used or enjoyed, or accepted, reputed, taken, or known, as part, parcel, or member thereof, or as belonging to the same or any part thereof: (all which said premises are now in the actual possession of the said David Edwards and Francis Golding, by virtue of a bargain and sale to Mention of bars them thereof made by the said Abraham Barker and Cecilia his wife, for one gain and sale. whole year, in consideration of five shillings to them paid by the said 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 statute for trans ferring uses into possession;) and the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits thereof, and every part and parcel thereof, and also all the estate, right, title, interest, trust, property, claim, and demand whatsoever, both at law and in equity, of them the said Abraham Barker and Cecilia his wife, in, to, or out of the said capital messuage, lands, tenements, hereditaments, and premises: to have and to hold the said capital messuage, lands, tenements, hereditaments, and all and singular other the premises hereinbefore mentioned to be hereby granted and released, with their and every of their appurtenances unto the said David Edwards and Francis Golding, their heirs and assigns, to such uses, upon such trusts, and to and for such intents and purposes, as are hereinafter mentioned, expressed, and declared, of and concerning the same: that is to say, to the use and behoof of the said To the use of Abraham Barker and Cecilia his wife, according to their several and respective marriage. estates and interests therein, at the time of, or immediately before, the execution of these presents, until the solemnization of the said intended marriage: and from and after the solemnization thereof, to the use and behoof of the said Then of the John Barker, for and during the term of his natural life; without impeachment life, sans of or for any manner of waste and from and after the determination of that waste: estate, then to the use of the said David Edwards and Francis Golding, and their heirs, during the life of the said John Barker, upon trust to support and Remainder to preserve the contingent uses and estates hereinafter limited from being defeated serve continand destroyed, and for that purpose to make entries, or bring actions, as the gent remaincase shall require; but, nevertheless, to permit and suffer the said John Barker, and his assigns, during his life, to receive and take the rents and profits thereof, and of every part thereof, to and for his and their own use and benefit: and Remainder to from and after the decease of the said John Barker, then to the use and behoof for her jointof the said Katherine Edwards, his intended wife, for and during the term of ure, in bar of her natural life, for her jointure, and in lieu, bar, and satisfaction of her dower dower: and thirds at common law, which she can or may have or claim, of, in, to, or out of, all and every, or any, of the lands, tenements, and hereditaments, whereof or wherein the said John Barker now is, ar at any time or times hereafter during the coverture between them shall be, seised of any estate of freehold or inheritance; and from and after the decease of the said Katherine Ed- Remainder to wards, or other sooner determination of the said estate, then to the use and other trustees for a term, upon behoof of the said Charles Browne and Richard More, their executors, admin- trusts after istrators, and assigns, for and during and unto the full end and term of five mentioned: hundred years from thence next ensuing, and fully to be complete and ended, without impeachment of waste: upon such trusts nevertheless, and to and for such intents and purposes, and under and subject to such provisoes and agreements, as are hereinafter mentioned, expressed, and declared of and concerning the same and from and after the end, expiration, or other sooner determina Remainder to tion of the said term of five hundred years, and subject thereunto, to the use other sons of and behoof of the first son of the said John Barker on the body of the said the marriage Katherine Edwards his intended wife to be begotten, and of the heirs of the in tail: body of such first son lawfully issuing and for default of such issue, then to the use and behoof of the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and of all and every other the son and sons of the said John Barker on the body of the said Katherine Edwards his intended wife to be begotten, severally, successively, and in remainder, one after another, as they

husband for

trustees to pre

ders.

the wife for life,

the first and

No. II.

Remainder to

as tenants in common, in tail:

Remainder to the husband in tail:

Remainder to the husband's mother in fee. The trusts of the term declared;

to raise portions for

younger children,

tain times,

as

and every of them shall be in seniority of age, and priority of birth, and of the several and respective heirs of the body and bodies of all and every such son and sons lawfully issuing; the elder of such sons, and the heirs of his body issuing, being always to be preferred and to take before the younger of such sons, and the heirs of his or their body or bodies issuing and for default of such issue, then to the use and behoof of all and every the daughter and daughters of the the daughters, said John Barker on the body of the said Katherine Edwards his intended wife to be begotten, to be equally divided between them (if more than one), share and share alike, as tenants in common and not as joint-tenants, and of the several and respective heirs of the body and bodies of all and every such daughter and daughters lawfully issuing: and for default of such issue, then to the use and behoof of the heirs of the body of him the said John Barker lawfully issuing and for default of such heirs, then to the use and behoof of the said Cecilia, the wife of the said Abraham Barker, and of her heirs and assigns forever. And as to, for, and concerning the term of five hundred years herein before limited to the said Charles Browne and Richard More, their executors, administrators, and assigns, as aforesaid, it is hereby declared and agreed by and between all the said parties to these presents, that the same is so limited to them upon the trusts, and to and for the intents and purposes, and under and subject to the provisoes and agreements, hereinafter mentioned, expressed, and declared, of and concerning the same: that is to say, in case there shall be an eldest or only son and one or more other child or children of the said John Barker on the body of the said Katherine his intended wife to be begotten, then upon trust that they, the said Charles Browne and Richard More, their executors, administrators, and assigns, by sale or mortgage of the said term of five hundred years, or by such other ways and means they or the survivor of them, or the executors or administrators of such survivor, shall think fit, shall and do raise and levy, or borrow and take up at interest, the sum of four thousand pounds of lawful money of Great Britain, for the portion or portions of such other child or children (besides the eldest or only son) as aforesaid, to be equally divided between payable at cer- them (if more than one) share and share alike; the portion or portions of such of them as shall be a son or sons to be paid at his or their respective age or ages of twenty-one years; and the portion or portions of such of them as shall be a daughter or daughters to be paid at her or their respective age or ages of twentyone years, or day or days of marriage, which shall first happen. And upon this further trust, that in the mean time and until the same portions shall become rate of four per payable as aforesaid, the said Charles Browne and Richard More, their executors, administrators, and assigns, shall and do, by and out of the rents, issues, and profits of the premises aforesaid, raise and levy such competent yearly sum and sums of money for the maintenance and education of such child or children, as shall not exceed in the whole the interest of their respective portions after the rate of four pounds in the hundred yearly. Provided always, that in case any of the same children shall happen to die before his, her or their portions shall become payable as aforesaid, then the portion or portions of such of them so dying shall go and be paid unto and be equally divided among the survivor or survivors of them, when and at such time as the original portion or portions of such surviving child or children shall become payable as aforesaid. If no such child, Provided also, that, in case there shall be no such child or children of the said John Barker on the body of the said Katherine his intended wife begotten, besides an eldest or only son; or in case all and every such child or children shall happen to die before all or any of their said portions shall become due and payable as aforesaid; or in case the said portions, and also such maintenance tions be raised, as aforesaid, shall by the said Charles Browne and Richard More, their executors, administrators, or assigns, be raised and levied by any of the ways and means in that behalf aforementioned; or in case the same by such person or persons as shall for the time being be next in reversion or remainder of the same premises expectant upon the said term of five hundred years, shall be paid, or well and duly secured to be paid, according to the true intent and meaning of these presents; then and in any of the said cases, and at all times thenceforth, the said term of five hundred years, or so much thereof as shall remain unsold or undisposed of for the purposes aforesaid, shall cease, determine, and be utterly void to all intents and purposes, any thing herein contained to the contrary thereof in anywise notwithstanding. Provided also, and it is hereby further declared and agreed by and between all the said parties to these presents, that in case the said Abraham Barker or Cecilia his wife, at any time during their lives, or the life of the survivor of them, with the approbation of the said David Edwards and Francis Golding, or the survivor of them, or the executors and administrators of such survivor, shall settle, convey, and assure other lands and tenements of an estate of inheritance in fee-simple, in possession, in some convenient place or places within the realm of England, of equal or better value

with maintenance at the

cent.

and benefit of survivorship.

or if all die,

or if the por

or paid,

or secured by the person next

in remainder; the residue of the term to cease.

Condition, that

the uses and estates hereby granted shall be void, on set tling other lands of equal value in recom

pense.

No. II.

than the said capital messuage, lands, tenements, hereditaments, and premises, hereby granted and released, and in lieu and recompense thereof, unto and for such and the like uses, intents and purposes, and upon such and the like trusts, as the said capital messuage, lands, tenements, hereditaments, and premises are hereby settled and assured unto and upon, then and in such case, and at all times from thenceforth, all and every the use and uses, trust and trusts, estate and estates hereinbefore limited, expressed, and declared of or concerning the same, shall cease, determine, and be utterly void to all intents and purposes; and the same capital messuage, lands, tenements, hereditaments, and premises, shall from thenceforth remain and be to and for the only proper use and behoof of the said Abraham Barker or Cecilia his wife, or the survivor of them, so settling, conveying, and assuring such other lands and tenements as aforesaid, and of his or her heirs and assigns forever; and to and for no other use, intent, or purpose whatsoever; any thing herein contained to the contrary thereof in any wise notwithstanding. And, for the considerations aforesaid, and for barring all estates- Covenant to tail, and all remainders or reversions thereupon expectant or depending, if any levy a fine: be now subsisting and unbarred or otherwise undetermined, of and in the said capital messuage, lands, tenements, hereditaments, and premises, hereby granted and released, or mentioned to be hereby granted and released, or any of them, or any part thereof, the said Abraham Barker for himself and the said Cecilia his wife, his and her heirs, executors, and administrators, and the said John Barker for himself, his heirs, executors, and administrators, do, and each of them doth, respectively, covenant, promise, and grant, to and with the said David Edwards and Francis Golding, their heirs, executors, and administrators, by these presents, that they, the said Abraham Barker and Cecilia his wife, and John Barker, shall and will, at the costs and charges of the said Abraham Barker, before the end of Michaelmas term next ensuing the date hereof, acknowledge and levy, before his majesty's justices of the court of common pleas at Westminster, one or more fine or fines, sur cognizance de droit, come ceo, &c., with proclamations according to the form of the statutes in that case made and provided, and the usual course of fines in such cases accustomed, unto the said David Edwards, and his heirs, of the said capital messuage, lands, tenements, hereditaments, and premises, by such apt and convenient names, quantities, qualities, number of acres and other descriptions to ascertain the same, as shall be thought meet which said fine or fines, so as aforesaid, or in any other manner, levied and acknowledged, or to be levied and acknowledged, 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 are hereby declared by all the said parties to these presents to be and enure, to the use and behoof of the said David Edwards, and his heirs and assigns; to the intent and purpose that the said in order to David Edwards may, by virtue of the said fine or fines so covenanted and to the præcipe, agreed to be levied as aforesaid, be and become perfect tenant of the freehold that a recovery of the said capital messuage, lands, tenements, hereditaments, and all other the may be suffer. premises, to the end that one or more good and perfect common recovery or recoveries may be thereof had and suffered, in such manner as is hereinafter for that purpose mentioned. And it is hereby declared and agreed by and between all the said parties to these presents, that it shall and may be lawful to and for the said Francis Golding, at the costs and charges of the said Abraham Barker, before the end of Michaelmas term next, ensuing the date hereof, to sue forth and prosecute out of his majesty's high court of chancery, one or more writ or writs of entry, sur disseisin en le post, returnable before his majesty's justices of the court of common pleas at Westminster, thereby demanding by apt and convenient names, quantities, qualities, number of acres, and other descriptions, the said capital messuage, lands, tenements, hereditaments, and premises, against the said David Edwards; to which said writ, or writs, of entry he the said David Edwards shall appear gratis, either in his own proper person, or by his attorney thereto lawfully authorized, and vouch over to warranty the said Abraham Barker and Cecilia his wife, and John Barker; who shall also gratis appear in their proper persons, or by their attorney or attornies, thereto lawfully authorized, and enter into the warranty, and vouch over to warranty the common vouchee of the same court; who shall appear, and after imparlance shall make default: so as judgment shall and may be thereupon had and given tor the said Francis Golding, to recover the said capital messuage, lands, tenements, hereditaments, and premises, against the said David Edwards, and for him to recover in value against the said Abraham Barker and Cecilia his wife, and John Barker, and for them to recover in value against the said common vouchee, and that execution shall and may be thereupon awarded and had accordingly, and all and every other act and thing be done and executed, needful and requisite for the suffering and perfecting of such common recovery or recoveries, with vouchers as aforesaid. And it is hereby further declared to enure and agreed, by and between all the said parties to these presents, that

make a tenant

ed:

No. II.

to the preced ing uses in this

deed. Other covenauts;

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 bad, 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, hereinbefore 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.

AN OBLIGATION, OR BOND, WITH CONDITION FOR THE PAY-
MENT OF MONEY.

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-
ence of

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.