HRO 18M 61/11

This Indenture made the eight and twentieth day of April in the seventeenth year of the reign of our Sovereign Lord Charles by the grace of God King of England Scotland France and Ireland Defender of the Faith Between William Jephson of Froyle in the County of Southton Esquire of the one part and HENRY WARNER of Froyle aforesaid yeoman of the other part Witnesseth that the said William Jephson and in consideration of the sum of one hundred pounds of lawful money of England to him in hand paid by the said Henry Warner at or before the ensealing and delivery hereof the Receipt hereof the said William Jephson doth hereby acknowledge And thereof and of every part thereof doth acquit exonerate and discharge the said Henry Warner or his heirs exors and assigns and every of them by these presents Hath demised granted and to farm let ten And by these presents doth demise grant and to farm let unto the said Henry Warner All that copyhold tenement in Froyle aforesaid called FORDERS with all housings buildings orchard gardens gaterooms land pastures meadows feedings commons profit easement and commodities with all and singular their and every their appurtenance to the said tenement land and premises or any part thereof in any wise belonging or appertaining heretofore with the said tenement had used or enjoyed late in the tenure and occupation of HENRY LUCAS gent and now in the possession of the said Henry Warner containing by estimation three score acres (be it more or less) Except and always reserved unto the said William Jephson his heirs and assigns all timber trees sapling and tree like to be timber now standing growing or being or which hereafter shall stand grow or be in or upon the demised premises or any part thereof with free liberty of ingress and regress to and for the said William Jephson his heirs and assigns and to and for his and their servants workmen and officers from time to time and at all times convenient during the term hereafter in these presents granted at his and their free will and pleasure to fell grub cut down take and carry away the same with horses carts and teams or by any other ways and means whatsoever And also Except all fishing fowling hawking hunting and all other Royalties whatsoever To Have and to Hold the said copyhold tenement land and premises above mentioned to be demised with all and singular the appurtenance (except before excepted) unto the said Henry Warner his exors and admins and assigns from the feast day of the Annunciation of Our Blessed Lady Saint Mary the Virgin last past before the date hereof for by and during and unto the full end and term of fourscore and nineteen years from thenceforth next ensuing fully to be complete and ended if the said Henry Warner and Elizabeth his wife or either of them shall so long live yielding and paying therefore yearly and every year during the continuance of this present demise in force unto the said William Jephson his heirs or assigns the yearly rent of twenty pounds of lawful money of England at two feast or terms in the year most usual (that is to say) the feast day of Saint Michael the Archangel and the Annunciation of our Blessed Lady St Mary the Virgin by even and equal portions And also yielding doing allowing and performing yearly and every year during the continuance of this present demise in force all such customs and services as anciently have been done and performed by the tenants and occupiers of the demised premises And the said Henry Warner for himself his exors and admins and assigns and for every of them doth covenant promise and grant to and with the said William Jephson his heirs and assigns by these presents That the said Henry Warner his exors and assigns shall and will from time to time and at all times hereafter during the continuance of this present demise at his or their own proper cost and charges well and sufficiently repair sustain reedify amend maintain preserve and keep the said tenement and all edifices buildings houses hedges ditches mounds bounds fences and inclosures to the demised premises belonging And the same for repairs reedified amended maintained preserved and kept at the end and expiration of this present demise shall leave and yield up And also shall and will from time to time during the continuance of this present demise appear at every Court Baron to be holden at and for the Manor of Froyle And shall be subject liable and yielding to all the orders and pains of the said Court as the Customary Tenant of the said manor be or ought to be And also that he the said Henry Warner his exors and assigns shall and will grind all his and their grist of what sort soever at the Lord’s mill of the said manor during all the said term which he or they or his or their tenants shall find upon the demised premises And also that he the said Henry Warner his exors or assigns shall pay or cause to be paid to the above named William Jephson his heirs or assigns the sum of three pounds of lawful money of England within one week next after the death of the said Henry
Warner or Elizabeth his wife which shall first happen in lieu of a heriot which by agreement be due and payable as aforesaid or otherwise the best good the said Henry Warner shall have at the time of his death at the discretion of the said William Jephson his heirs or assigns And also that he the said Henry Warner his exors or admins shall not at any time during the term above granted grant assign sell set over or depart with the demised premises or any part thereof to any person or persons whatsoever without the licence and consent of the said William Jephson his heirs or assigns first had and obtained in writing under his or their hand and seals And moreover if the Lord of the Manor of Froyle and the tenants there or the major part of them shall consent to inclose the Common called the Great Common that then the said Henry Warner his exors admins and assigns shall and will assent and agree thereto and pay and allow his and their proportionable part and share of the charges thereof as other tenants for the like quantity and quality of land there shall pay and allow the said Henry Warner his exors admins and assigns having and receiving his and their like proportionable share of the profit and commodity thereof when it shall be done and finished And the said William Jephson for himself his heirs and assigns doth covenant promise and grant to and with the said Henry warner his exors admins and assigns by these presents That he the said Henry Warner his exors admins and assigns paying doing and performing the rent reservations covenants customs in these presents contained on his and their part to be paid done and performed shall and may peaceably and quietly have hold use occupy possess and enjoy the demised premises and every part and parcel thereof without the lawful let trouble or interruption of the said William Jephson his heirs and assigns or any of them or of any other person or persons whatsoever claiming by from or under him them or any of them In Witness whereof the parties first above named to these presents Indentures interchangeably have ……..

Henry Warner his mark
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