Book II. original; or, if derived from the Roman law of fucceffions, to have been drawn from that fountain much earlier than the time of Juftinian, from whofe conftitutions in many points (particularly in the advantages given to the widow) it very confiderably differs; though it is not improbable that the refemblances which yet remain may be owing to the Roman ufages; introduced in the time of Claudius Caefar, who eftablished a colony in Britain to inftruct the natives in legal knowlege; inculcated and diffufed by Papinian, who prefided at York as praefectus praetorio under the emperors Severus and Caracalla; and continued by his fucceffors till the final departure of the Romans in the beginning of the fifth century after Chrift.

s Tacit. Annal. l. 12. c. 32.

t Selden in Fletam. cap. 4. §. 3.

THE END OF THE SECOND BOOK.

APPENDI X.

No. I.

Vetus Carta FEOFFAMENTI.

CINT prefentes et futuri, quod ego Willielmus, Premifes. filius Willielmi de Segenho, dedi, conceffi, et hac prefenti carta mea confirmavi, Johanni quondam filio Johannis de Saleford, pro quadam fumma pecunie quam michi dedit pre manibus, unam acram terre mee arabilis, jacentem in campo de Saleford, juxta terram quondam Richardi

de la Mere: Habendam et Tenendam totam predictam acram Habendum, terre, cum omnibus ejus pertinentiis, prefato Johanni, et here- and Tenendibus fuis, et fuis affignatis, de capitalibus dominis feodi:dum. Reddendo et faciendo annuatim eifdem dominis capitalibus fer- Reddendum, vitia inde debita et confueta: Et ego predictus Willielmus, et Warranty. heredes mei, et mei affignati, totam predictam acram terre, cum omnibus fuis pertinentiis, predicto Johanni de Saleford, et heredibus fuis, et fuis affignatis, contra omnes gentes warrantizabimus in perpetuum. In cujus rei teftimonium huic prefenti Conclufion carte figillum meum appofui: Hiis teftibus, Nigello de Saleford, Johanne de Seybroke, Radulpho clerico de Saleford, Johanne molendario de eadem villa, & aliis. Data apud Saleford die Veneris proximo ante feftum fancte Margarete virginis, anno regni regis EDWARDI filii regis EDWARDI fexto.

(L. S.)

Memorandum, quod die et anno infrafcriptis plena et pacifica feifina acre infrafpecificate, cum pertinentiis, data et deliberata fuit per infranominatum Willielmum de Segenho infranominato Johanni de Saleford, in propriis perfonis fuis, fecundum tenorem et effectum carte infrafcripte, in prefentia Nigelli de Saleford, Johannis de Seybroke, et aliorum.

Livery of feifin ene

dorfed.

N°. II.

No. II.

Parties.

tion.

fale.

Parcels.

N°. II.

A modern Conveyance by LEASE and RELEASE.

§. 1. LEASE, or BARGAIN and SALE, for a year.'

Premifes. Indenture, made the third day of September, in the twenty-firit year of the reign of our fovereign lord GEORGE the fecond by the grace of God king of Great Britain, France, and Ireland, defender of the faith, and fo forth, and in the year of our Lord one thoufand, feven hundred, and fortyfeven, between Abraham Barker of Dale Hall in the county of Norfolk, efquire, and Cecilia his wife, of the one part, and David Edwards of Lincoln's Inn in the county of Middlesex, efquire, and Francis Golding of the city of Norwich, clerk, of the other part, witneffeth; that the faid Abraham Barker and Cecilia his Confidera- wife, in confideration of five fhillings of lawful money of Great Britain to them in hand paid by the faid David Edwards and Francis Golding at or before the enfealing and delivery of these prefents, (the receipt whereof is hereby acknowleged,) and for other good caufes and confiderations them the said Abraham Bargain and Barker and Cecilia his wife hereunto specially moving, habe bargained and fold, and by thefe prefents do, and each of them doth, bargain and fell, unto the faid David Edwards and Francis Golding, their executors, adminiftrators, and affigns, all that the capital meffuage, called Dale Hall in the parish of Dale in the faid county of Norfolk, wherein the faid Abraham Barker and Cecilia his wife now dwell, and all thofe their lands in the faid parish of Dale called or known by the name of Wilson's farm, containing by estimation five hundred and forty acres, be the fame more or lefs, together with all the fingular houses, dovehoufes, barns, buildings, ftables, yards, gardens, orchards, lands, tenements, meadows, pastures, feedings, commons, woods, underwoods, ways, waters, watercourfes, fifhings, privileges, profits, eafements, commodities, advantages, emoluments, hereditaments, and appurtenances whatsoever to the faid capital meffuage and farm belonging or appertaining, or with the fame used or enjoyed, or accepted, reputed, taken, or known, as part, parcel, or member thereof, or as belonging to the fame or any part thereof; and the reverfion and reverfions, remainder and remainders, yearly and other rents, iffues, and profits thereof, Habendum. and of every part and parcel thereof: To have and to hold the faid capital meffuage, lands, tenements, hereditaments, and all and fingular other the premifes herein before-mentioned or intended to be bargained and fold, and every part and parcel thereof, with their and every of their rights, members, and appur

tenances,

tenances, unto the faid David Edwards and Francis Golding, No. II. their executors, administrators, and affigns, from the day next before the day of the date of these prefents, for and during, and unto the full end and term of, one whole year from thence next enfuing and fully to be completed and ended: Pielding and Reddendum. paying therefore unto the faid Abraham Barker, and Cecilia his wife, and their heirs and affigns, the yearly rent of one peppercorn at the expiration of the faid term, if the fame fhall be lawfully demanded: To the intent and purpose, that by virtue of Intent. thefe prefents, and of the Itatute for transferring uses into poffeffion, the faid David Edwards and Francis Golding may be in the actual poffeffion of the premises, and be thereby enabled to take and accept a grant and release of the freehold, reverfion, and inheritance of the fame premifes, and of every part and parcel thereof, to them, their heirs, and affigns; to the ufes and upon the trufts, thereof to be declared by another indenture, intended to bear date the next day after the day of the date hereof. In witness whereof the parties to these presents their Conclufion. hands and feals have fubfcribed and fet, the day and year first abovewritten.

This Indenture of five parts, made the fourth day of Sep-Premifes tember, in the twenty-first year of the reign of our fovereign lord GEORGE the fecond by the grace of God king of Great Britain, France, and Ireland, defender of the faith, and fo forth, and in the year of our Lord one thousand, seven hundred, and forty-feven, between Abraham Barker, of Dale Hall in Parties. the county of Norfolk, efquire, and Cecilia his wife, of the first part; David Edwards of Lincoln's Inn in the county of Middlefex, efquire, executor of the last will and teftament of Lewis Edwards of Cowbridge in the county of Glamorgan, gentleman, his late father, deceased, and Francis Golding of the city of Norwich, clerk, of the fecond part; Charles Browne of Enftone in the county of Oxford, gentleman, and Richard Moore of the city of Bristol, merchant, of the third part; John Barker, efquire, fon and heir apparent of the said Abraham Barker, of the fourth part; and Katherine Edwards, fpinfter, one of the fifters of the faid David Edwards, of the fifth part. Whereas a marriage is intended, by the permiffion of God, to

be

N°. II. be fhortly had and folemnized between the faid John Barker and Katherine Edwards: Now this Indenture witnesseth, that in confideration of the faid intended marriage, and of the fum of Confidera- five thousand pounds, of good and lawful money of Great Bri

Recital.

tion.

Releafe.

Parcels.

tain, to the faid Abraham Barker, (by and with the confent and agreement of the faid John Barker, and Katherine Edwards, tellified by their being parties to, and their fealing and delivery of, these presents,) by the faid David Edwards in hand paid at or before the enfealing and delivery hereof, being the marriage portion of the faid Katherine Edwards, bequeathed to her by the laft will and teftament of the faid Lewis Edwards, her late father, deceased; the receipt and payment whereof the faid Abraham Barker doth hereby acknowlege, and thereof, and of every part and parcel thereof, they the faid Abraham Barker, John Barker, and Katherine Edwards, do, and each of them doth, releafe, acquit, and discharge the faid David Edwards, his executors, and administrators, for ever by these prefents: and for providing a competent jointure and provision of maintenance for the faid Katherine Edwards, in cafe fhe fhall, after the faid intended marriage had, furvive and overlive the said John Barker her intended hulband: and for fettling and affuring the capital meffuage, lands, tenements, and hereditaments, hereinafter mentioned, unto fuch ufes, and upon fuch trufts, as are hereinafter expreffed and declared: and for and in confideration of the fum of five fhillings of lawful money of Great Britain to the faid Abraham Barker and Cecilia his wife in hand paid by the faid David Edwards and Francis Golding, and of ten fhillings of like lawful money to them alfo in hand paid by the faid Charles Browne and Richard More, at or before the enfealing and delivery hereof, (the several receipts whereof are hereby refpectively acknowleged,) they the faid Abraham Barker and Cecilia his wife, habe, and each of them hath, granted, bargained, fold, releaied, and confirmed, and by thefe prefents do, and each of them doth, grant, bargain, fell, release, and confirm unto the faid David Edwards and Francis Golding, their heirs and affigns, all that the capital meffuage called Dale Hall, in the parish of Dale in the faid county of Norfolk, wherein the faid Abraham Barker and Cecilia his wife now dwell, and all thofe their lands in the faid parish of Dale called or known by the name of Wilfon's farm, containing by eftimation five hundred and forty acres, be the fame more or lefs, together with all and fingular houses, dovehoufes, barns, buildings, ftables, yards, gardens, orchards, lands, tenements, meadows, paftures, feedings, commons, woods, underwoods, ways, waters, watercourfes, fifhings, privileges, profits, eafements, commodities, advantages, emoluments, hereditaments, and appurtenances whatfoever to the faid capital meffuage and farm belonging or appertaining, or with the fame ufed or enjoyed, or accepted, reputed, taken, or known, as part, parcel, or member thereof,

er