No. II.

Remainder to

other trustees for a term, upon

tioned:

Remainder to the first and

mon, in tail:

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, or 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 Catherine Edwards, or other sooner determination of the said estate, then to the use trusts after-men- and behoof of the said Charles Browne and Richard More, their executors, administrators, and assigns, for and during and unto the full end and term of five 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, other sons of the or other sooner determination of the said term of five hundred years, and marriage in tail: subject thereunto, to the use and behoof of the first son of the said John Barker on the body of the said Catherine Edwards his intended wife to be begotten, and of the heirs of the 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 Catherine Edwards his intended wife to be begotten severally, successively, and in remainder, one after another, as they 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 Remainder to the heirs of his or their body or bodies issuing: and for default of such issue, daughters, then to the use and behoof of all and every the daughter and daughters of the said John Barker on the body of the said Catherine Edwards his intended wife to be begotten, to be equally divided between them, (if more as tenants in com- than one,) share and share alike, as tenants in common, and not as jointtenants, and of the several and respective heirs of the body and bodies of Remainder to the all and every such daughter and daughters lawfully issuing: and for default husband in tail: 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 hereinbefore limited to the said Charles The trust of the 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 Catherine 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 as 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 them, (if more than payable at cer- one,) share and share alike; the portion or portions of such of them as tain times, 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 twenty-one 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 porof four per cent. tions shall become 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 tho 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

Remainder to the husband's mother in fee.

term declared;

to raise portions for younger children,

with mainten

ance at the rate

and benefit of Survivorship.

No. II.

remainder; the

term to cease.

the uses and es

other lands of

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. Provided also, If no such child, that in case there shall be no such child or children of the said John Barker on the body of the said Catherine his intended wife begotten, besides an eldest or only son; or in case all and every such child or children shall or if all die, 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 or if the portions as aforesaid, shall, by the said Charles Browne and Richard More, their exbe raised, ecutors, 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 or paid, 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 or secured by the the true intent and meaning of these presents; then, and in any of the person next in said cases, and at all times thenceforth, the said term of five hundred years, residue of the 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 any wise notwithstanding. Provided also, and it is hereby further declared and agreed Condition, that by and between all the said parties to these presents, that in case the said tates hereby Abraham Barker or Cecilia his wife, at any time during their lives, or the granted shall be life of the survivor of them, with the approbation of the said David Ed- void on settling wards and Francis Golding, or the survivor of them, or the executors and equal value in readministrators of such survivor, shall settle, convey, and assure other lands compense. 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 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 Covenant to levy aforesaid, and for barring all estates-tail, and all remainders or reversions a fine: thereupon expectant or depending, if any 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

No. II.

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 prein order to make sents to be and enure, to the use and behoof of the said David Edwards and a tenant to the his heirs and assigns; to the intent and purpose that the said Iavid Edrecovery may be Wards may, by virtue of the said fine or fines so covenanted and agreed to

præcipe, that a

suffered;

be levied as aforesaid, be and become perfect tenant of the freehold of the said capital messuage, lands, tenements, hereditaments, and all other the 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 attorneys thereto lawfully authorized, and enter into the warranty, and vouch over to warranty the common vouchee of the same court, who shall also appear, and after imparlance shall make default: so as judgment shall and may be thereupon had and given for 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 and agreed, by and between all the said parties to these presents, that 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 as 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 had, 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 to the preceding premises, and of every part and parcel thereof, to the uses, upon the uses in this deed. trusts, and to and for the intents and purposes, and under and subject to the provisoes, limitations, and agreements herein before mentioned, exOther covenants; pressed, and declared of and concerning the same. And the said Abraham for quiet enjoy- Barker, party hereunto, doth hereby, for himself, his heirs, executors, and

to enure

ment,

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 hereinbefore 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

No. II.

brances;

assurance.

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 ac- free from encumquitted, 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 encumbrances 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 morcover that he the said Abraham Barker and Cecilia his wife, parties and for further 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 dwellings or places of abode. Provided lastly, and Power of revoca 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 Catherine 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 Conclusion. hands and seals have subscribed and set, the day and year first above written.

tion.

AN OBLIGATION, OR BOND, WITH CONDITION FOR THE PAYMENT
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 presence of

DAVID EDWARDS. (L.S.)

GEORGE CARTER.

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.

Sheriff's return. Pledges of prosecution.

Summoners of the within- JOHN DEN.

named Abraham, Ce-
cilia, and John.

RICHARD FEN.

Norfolk,

to wit.

SECT. 2. THE LICENSE TO Agree.

DAVID EDWARDS, esquire, gives to the lord the king ten marks, for license 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.

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 appurte nances, 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