Indenture between William Wither & Hon John Fiennes 1659

HRO 18M 67/56 & HRO 18M67//l7

This Indenture made the sixteenth day of Apri1 in the year of Our Lord according to the account now used in England one thousand six hundred and fifty nine between HENRY WARNER of’ Froyle in the county of Southton yeoman of the one part and the Hon JOHN FIENNES Esq Lord of the Manor of Froyle aforesaid of the other part whereas WILLIAM JEPHSON of Froyle in the said County of Southton Esq by his Indenture of lease bearing date the eight and twenthieth day of April in the seventeenth year ot the reign of the late King Charles made between WILLIAM JEPHSON of the one part and the said HENRY WARNER of the other part tor the consideration therein mentioned Did demise grant and to farm let unto the said HENRY WARNER all that copihold tenement in Froyle aforesaid called FORDERS with all houses buildings orchards gardens gaterooms lands pastures meadows feedings commons profits easements and commodities with all and singular their and any qf their appurtances to the said tenement lands and premises or any and to any of and all thereof in any wise belonging ar appertaining heretofore with the said tenement had used or enjoyed late in the tenure and occupation of HENRY LUCAS gent and then in the possession ot the said HENRY WARNER containing by estimation three score acres be it more or less (excepting as in the said recited lease is excepted) To Have and to Hold the said copihold tenement lands and premises before mentioned to be demised with all and singular the appurtenances (except before excepted) unto the said HENRY WARNER his exors admins and assigns from the Feast day of the Annunciation of the Blessed Virgin Mary last past before the date of the said recitd Indentures for by and during and unto the full and and term of four score and nineteen years from thenceforth next ensuring fully to be complete and ended if the said HENRY WARNER AND ELIZABETH HIS WIFE or either of them should so long live under the wont and covenant in the said recited lease contained as in and by the same it doth and may more fully and at large appear And whereas the said John Fiinnes by his Indenture of lease bearing date with these presents made between him the said John Fiennes of the one part and the said Henry Warner of the other part for the consideration therein mentioned Hath demised granted and to farm let unto the same Henry Warner his exors and assigns All and all manner of great and parsonage tenths and tithes profits and other emoluments whatsoever arising growing due and payable or which shall or may at any time hereafter during the continuance of the said recited lease arise grow due and payable out of for or in respect of the said copyhold tenement lands and premises in and by the said recited lease mentioned to be demised or any part or parcel thereof to the rectory and parsonage of Froyle aforesaid or in right thereof To Have and to Hold the said tenths tythes profits and other emoluments unto the said Henry Warner his exors and assignes from the feast day of St Michael the Archangel last past before ahe date thereof for by and during the continuance of the said recited lease made by the said William Jephson unto the said Henry Warner as aforesaid with divers covenants and agreements in the said recited lease mentioned and contained as in and by the same it doth and may more fully and at large appear Now this present Indenture Witnesseth that the said Henry Warner as well for and in consideration of the grant and conveyance of the said great and parsonage tenths tithes and other emoluments unto the said Henry Warner by the said John Fiennes in the said last recited indenture mentioned As therein and thereby is more particularly mentioned and expressed and meant to mentioned and intended to be therein and thereby granted and conveyed As for divers other good causes and considerations him the said Henry Warner thereunto expressly meaning Hath remitted released quit claimed and discharged And by these presents doth remit release and for ever quit claim and discharge unto the said John Fiennes his heirs and assigns for ever All the Estate right title interest claim and demand whatsoever which he the said Henry Warner (by virtue of thesaid first recited indenture of lease or and otherwise whatsoever) now hath or at any time hereafter mayor might have or claim of into or out of any of the Commons waste grounds and commonable places within the said Manor and pariah of Froyle or within any part or parcel thereof (excepting and always reserving unto the said Henry Warner his exors and assigns and every of them during the continuance of the said recited lease all such Common of pasture as they enjoyed or might have had and enjoyed in any of the Commonfields within the said parish of Froyle or in the highway leading from Alton towards Farnham and in the said Manor of Froyle aforesaid) so that he the said Henry Warner his exors and assigns and every of them from handling or lawfully claiming any common right of common or commons whatsoever in any of the said waste grounds commons and commonable places (except before excepted) shall from henceforth for ever hereafter be fully and wholly excluded and debarred

In witness thereof the said ……………..

The mark of Henry      2         Warner