be void, on

fettling other lands

and purposes, any thing herein contained to the contrary thereof No. II. in any wife notwithstanding. Provided also, and it is hereby further declared and agreed by and between all the faid parties Condition, that the ufes to these prefents, that in cafe the faid Abraham Barker or Ceand eftates cilia his wife, at any time during their lives, or the life of the hereby furvivor of them, with the approbation of the faid David Edgranted fhall wards 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 of equal in fee-fimple, in poffeffion, in fome convenient place or places value in re- within the realm of England, of equal or better value than the compenfe. faid capital meffuage, lands, tenements, hereditaments and premifes, hereby granted and releafed, and in lieu and recomperie thereof, unto and for fuch and the like ufes, intents, and purpofes, and upon fuch and the like trufts, as the faid cap.tal 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 use and uíes, trust 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 purposes; and the fame capital meffuage, lands, tenements, hereditaments, and premifes, thall 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 fuch other lands and tenements as aforefaid, and of his or her heirs and aligns for ever: and to and for no other ufe, intent, or purpose whatfoever; any thing herein contained Covenant to to the contrary thereof in any wife notwithstanding. And, for levy a fine. the confiderations aforefaid, and for barring all eftates tail, and all remainders or reverfions thereupon expectant or depending, if any be now fubfifling and unbarred or otherwife undeter minded, of and in the faid capital meffuage, lands, tenements, hereditaments, and premifes, hereby granted and released, or mentioned to be hereby granted and released, or any of them, or any part thereof, the faid Abraham Barker for himself ard 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 these prefents, that they the faid Abraham Barker and Cecilia his wife, and John Barker, fhail and will, at the costs and charges 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 Westminster, one or more fine or fines, fur cognizance de droit, come ceo, Ec. with proclamations according to

N°. II.

a recovery

may be

the form of the ftatutes in that cafe made and provided, and the usual course of fines in such cases accustomed, unto the said 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 defcriptions to ascertain 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 shall 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 these 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 aforesaid, be and become perfect tenant of the freehold of the faid capital in order to meffuage, lands, tenements, hereditaments, and all other the make a tepremifes, to the end that one or more good and perfect common nant to the praecipe,that recovery or recoveries may be thereof had and fuffered, in fuch manner as is hereinafter for that purpole mentioned. And it is hereby declared and agreed by and between all the faid parties fuffered; to thefe prefents, that it thall 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 majesty's high court of chancery one or more writ or writs of entry fur diffeifin en le poft, returnable before his majesty's juftices of the court of common pleas at Westminster, thereby demanding by apt and convenient names, quantities, qualities, number of acres, and other defcriptions, the faid capital mefluage, lands, tenements, hereditaments, and premises, against the faid David Edwards; to which fail 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 judgmentshall and may be thereupon had and given for the faid Francis Golding, to recover the faid capital meffuage, lands, tenements, hereditaments, and premifes, against the faid David Edwards, and for him to recover in value against the faid Abraham Barker, and Cecilia his wife, and John Barker, and for them to recover in value against the faid common vouchee, and that execution hall and may be thereupon awarded and had accordingly, and all and every other act and thing be done and executed, needful

and

to enure

No. II. and requifite for the fuffering and perfecting of fuch common recovery or recoveries, with vouchers as aforefaid. And it is hereby further declared 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 aforefaid, as alfo the faid recovery or recoveries, and alfo all and every other fine or 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 to 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 named, and his or their heirs, fhall stand and be feifed of the faid capital meffuage, lands, tenements, hereditaments, to the preand premifes, and of every part and parcel thereof, to the ules, ceding ufes upon the trufts, and to and for the intents and purpotes, and in this deed. under and fubject to the provifoes, limitations, and agreements, herein-before mentioned, expreffed, and declared, of and conOther cove. cerning the fame. And the faid Abraham Barker, party hereunto, doth hereby for himself, his heirs, executors, and admi niftrators, further covenant, promife, grant and agree, to and with the faid David Edwards and Francis Golding, their heirs, executors, and adminiftrators, in manner and form following; for quiet en- that is to fay, that the faid capital mefiuage, lands, tenements, joyment,

nants;

free from incum

brances;

hereditaments, and premifes, fhall and may at all times hereafter remain, continue, and be, to and for the ufes and purposes, upon the trufts, and under and fubject to the provifoes, limita tions, and agreements, herein-before 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 ance tors, or any of them; and shall 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 admi niftrators, well and fufficiently faved, defended, kept harmless,

and

ance.

and indemnified of, from, and against all former and other gifts, No. II. grants, bargains, fales, 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 ancestors, or any of them, or by his, her, their, or any of their act, means, affent, confent, or procurement: nd inozcover that he the faid Abra- and for furham Barker, and Cecilia his wife, parties hereunto, and his ther affuror her heirs, and all other perfons having or lawfully claiming, or which shall or may have or lawfully claim, any estate, right, title, trust, 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 ancestors or any of them, fhall and will from time to time, and at all times hereafter, upon every reafonable request, and at the costs 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 cause to be made, done, and executed, all fuch further and other lawful and reasonable acts, deeds, conveyances, and affurances in the law whatsoever, 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 purposes, 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 reafonably advifed, devifed, or required: fo as fuch further affurances contain in them no further or other warranty or covenants than against 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 requested 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 abode. Provided lastly, and it is hereby further declared and agreed Power of re by and between all the parties to thefe prefents, that it fhall vocation. and may be lawful to and for the faid Abraham Barker and Cecilia his wife, John Barker aud Katherine his intended wife, and David Edwards, at any time or times hereafter, daring their joint 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, eftare and eftates, herein and hereby before

I

No. II. before limited and declared, or mentioned or intended to be Emited and declared, of and in the capital meffuage, lands, tenements, hereditaments, and premifes aforefaid, 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 notwithstanding. Conclufion. In witnefs whereof the parties to these prefents their hands and feals have fubfcribed and fet, the day and year first above written.