said David and his heirs for ever. And further, the same Abraham, Cecilia, and John, have granted for themselves, and their heirs, that they will warrant to the aforesaid David, and his heirs, the aforesaid tenements, with the appurtenances, against all men, for ever. And for this recognition, remise, quit-claim, warranty, fine, and agreement, the said David hath given to the said Abraham, Cecilia, and John, two hundred pounds sterling. (5.) The Foot, Chirograph, or Indentures of the fine. Norfolk, THIS IS THE FINAL AGREEMENT made in the court to wit. of the lord the king at Westminster, from the day of Saint Michael in one month, in the twenty-first year of the reign of the lord George the second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so forth, before John Willes, Thomas Abney, Thomas Burnet, and Thomas Birch, justices, and other faithful subjects of the lord the king then there present, between David Edwards, esquire, complainant, and Abraham Barker, esquire, and Cecilia his wife, and John Barker, esquire, deforciants of two messuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pasture, and fifty acres of wood, with the appurtenances, in Dale, whereupon a plea of covenant was summoned between them in the said court; to wit, that the aforesaid Abraham, Cecilia, and John, have acknowledged the aforesaid tenements, with the appurtenances, to be the right of him the said David, as those which the said David hath of the gift of the aforesaid Abraham, Cecilia, and John; and those they have remised and quitted claim, from them and their heirs, to the aforesaid David, and his heirs, for ever. And further, the same Abraham, Cecilia, and John, have granted for themselves and their heirs, that they will warrant to the aforesaid David and his heirs, the aforesaid tenements, with the appurtenances, against all men, for ever. And for this recognition, remise, quit-claim, warranty, fine, and agreement, the said David hath given to the said Abraham, Cecilia, and John, two hundred pounds sterling. Sheriff's return. III. A COMMON RECOVERY (a) of LANDS with (b) Double Voucher. (1.) Writ of Entry sur Disseisin in the Post; 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 David Edwards, esquire, that, justly and without delay, he render to Francis Golding, clerk, 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 (c), in Dale, which he claims to be his right and inheritance, and into which the said David hath not entry, unless after the disseisin, which Hugh Hunt thereof unjustly, and without judgment, hath made to the aforesaid Francis, within thirty years now last past, as he saith, and whereupon he complains that the aforesaid David deforceth him. And unless he shall so do, and if the said Francis shall give you security of prosecuting his claim, then summon by good summoners the said David, that he appear before our justices at Westminster on the octave of Saint Martin, to show wherefore he hath not done it: and have you there the summoners, and this writ. WITNESS ourself at Westminster, the twenty-ninth day of October, in the twenty-first year of our reign. Pledges of John Doe. prosecution. Richard Roe. Summoners of the within-named David. John Den. Richard Fen. (2.) Exemplification of the Recovery Roll. GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so (a) These Forms are taken from Blackstone, ubi supra. (b) Note that, if the recovery be had with single voucher, the parts marked in (2) are omitted. (c) As to the parcels, the observations, supra, p. 357, note (b), are applicable. forth, to all to whom these our present letters shall come, greeting. KNOW YE, that among the pleas of land enrolled at Westminster, before Sir John Willes, knight, and his fellows, our justices of the bench, of the term of Saint Michael in the twenty-first year of our reign, upon the fiftysecond roll it is thus contained: ENTRY returnable on the octave of Saint Martin. NORFOLK, to wit: Francis Golding, clerk, in his proper Demand against the person demandeth against David Edwards, esquire, two tenant. messuages, two gardens, three hundred acres of land, one hundred acres of meadow, two hundred acres of pasture, and fifty acres of wood, with the appurtenances, in Dale, as his right and inheritance, and into which the said David hath not entry, unless after the disseisin which Hugh Hunt thereof justly, and without judgment, hath made to the aforesaid Francis, within thirty years now last past. And Count. whereupon he saith, that he himself was seised of the tenements aforesaid, with the appurtenances, in his demesne as of fee and right, in time of peace, in the time of the lord the king that now is, by taking the profits thereof to the value [(d) of six shillings and eight pence, and more, in rents, Esplees. corn and grass]: and into which [the said David hath not entry, unless as aforesaid]: and thereupon he bringeth suit [and good proof]. AND the said David in his person comes and defendeth his right when [and where it shall behove him], and thereupon voucheth to warranty "John Barker, esquire; who is present here in court in his proper person, and the tenements aforesaid, with the appurtenances to him freely warranteth [and prays that the said Francis may count against him]. AND hereupon the "Demand said Francis demandeth against the said John, tenant by against the warranty the tenements aforesaid, with the appurtenances, in form aforesaid, &c. And whereupon he "Count. saith, that he himself was seised of the tenements aforesaid, with the appurtenances, in his demesne as of fee and right, in time of peace, in the time of the lord the king that (d) The clauses between brackets are represented in the record by "&c." his own proper Defence of the tenant. Voucher. Warranty. "vouchee. "Defence of "Second 66 voucher." Warranty. Demand against the now is, by taking the profits thereof to the value, &c. And into which, &c. And thereupon he bringeth suit, &c. AND the aforesaid John, tenant by his own warranty, defends his right, when, &c., and thereupon he further voucheth to warranty Jacob Morland; who is present here in court in his proper person, and the tenements aforesaid, with the appurtenances, to him freely warranteth, &c. AND hereupon the said Francis demandeth against the said Jacob, tenant by his own warranty, the tenements aforesaid, with the appurtenances, in form aforesaid, &c. And whereupon he saith, that he himself was seised of the tenements aforesaid with the appurtenances, in his demesne as of fee and right, in time of peace, in the time of the lord the king that now is, by taking the profits thereof to the value, &c. And into which, &c. And thereupon he bringeth suit, &c. AND Defence of the the aforesaid Jacob, tenant by his own warranty, defends common vouchee. Count. common vouchee. Plea, nul disseisin. Imparlance. Default of the common vouchee. Judgment for the demandant. Recovery in value. his right, when, &c. And saith that the aforesaid Hugh did not disseise the aforesaid Francis of the tenements aforesaid, as the aforesaid Francis by his writ and count aforesaid above doth suppose: and of this he puts himself upon the country. AND the aforesaid Francis thereupon craveth leave to imparl: and he hath it. And afterwards the aforesaid Francis cometh again here into court, in this same term in his proper person, and the aforesaid Jacob, though solemnly called, cometh not again, but hath departeth in contempt of the court, and maketh default. THEREFORE IT IS CONSIDERED, that the aforesaid Francis do recover his seisin against the aforesaid David of the tenements aforesaid, with the appurtenances: and that the said David have of the land of the 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 Amercement. tenements aforesaid]. And the said Jacob in mercy. AND hereupon the said Francis prays a writ 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 the returnable here without delay. Afterwards, that is to say, the twenty-eighth day of November in this same term, here writ of seisin, and return. cometh the said Francis in his proper person; and the sheriff, namely, Sir Charles Thompson, 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. cation ALL AND SINGULAR which premises, at the request of the Exemplifisaid Francis, by the tenor of these presents, we have held continued. good 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 Westminster, the Teste. twenty-eighth day of November, in the twenty-first year of our reign. СООКЕ. IV. CONVEYANCE by LEASE AND RELEASE. (1.) Lease or BARGAIN AND SALE for a year. THIS INDENTURE, made the first day of July, 18-, BETWEEN A. V., of, &c. [vendor], of the one part, and Parties. J. P. of, &c. [purchaser], of the other part: WITNESSETH, that in consideration of five shillings now Witnesseth. paid by the said J. P. to the said A. V. (the receipt whereof is hereby acknowledged), the said A. V. HATH bargained and Bargain and scld, and by these presents doth BARGAIN and SELL unto the sale. said J. P., ALL THAT [parcels, followed by general words, but without "All the estate" clause]. TO HAVE AND TO HOLD the same unto the said J. P., his Habendum, executors, administrators, and assigns, from the day next for one year. before the day of the date of these presents for the term of one whole year then next ensuing, YIELDING AND PAYING therefor to the said A. V., his heirs and assigns, the yearly rent of one peppercorn at the |