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John Adamthwaite of Hallbank, Sedbergh, deceased abt 1728 : Indenture
This Indenture made the Twenty
ninth day of January in the second year of the Reign of our Sovereign
Lord George the Second by the Grace of God King of Great Britain Anoq
domi 1728,
between George Holme of
Dilikor in the parish of Kirby Kendall in the County of Westmoreland and
William Atkinson of Hallbank in the parish of Sedbergh County of York
Yeoman (and nominated Trustees in the Last Will and Testament of John
Adamthwaite late of Hallbank aforesaid Yeoman deceased) on the one
part. And Jeffrey Lancaster of Hallbank aforesaid in the said County of
York husbandman on the other part.
Witnesseth
that they the said George Holme and William Atkinson for and in
consideration of the Rents and Covenants hereafter in and by those
presents mentioned and reserved.
Have
demised granted sett and to farm Letten and by those presents do demise
grant Set and to ffarm Sett unto the said Jeffrey Lancaster his heirs a…
and assignes all that messuage and tenement commonly called and known by
the name of Smorthwaites situate lying and being at Hallbank aforesaid
in the parish of Sedbergh and County of York aforesaid late in the
occupation of one John Bowstick. And all the orchards gardens lands
meadows pastures floodings woods wastes ways commonrights liberties and
hereditaments to the said messuage and tenement belonging or in any wise
of right appertaining, or therewithal usually held occupied or enjoyed
and also all that close which is called and known by the name of Joshua
Bank heretofore belonging to one Joshua Thompson and also one other
close called the Bogg adjoining upon or lying near to the said estate
called Smorthwaits all which said premises are now in the tenure or
occupation of the said Jeffrey Lancaster with all the rights and
appurtances unto the said premises belonging or therewith now lised or
enjoyed. To have
and to hold the said domisad
and tenement lands and hereditaments from and after the fifteenth day of
April next ensuing and the messuage house and outhouses from the first
day of May next after the date hereof unto the said Jeffrey Lancaster
his executors assigns for and during the spare and term of seven years
from thence next following and fully to be compleat and ended. Yeilding
and paying therefore the yearly rent of ten pounds of lawful British
Money unto the said George Holme and William Atkinson or their assigns
for the life of Thomas and William Adamthwaite, sons of John Adamthwaite
abovenamed. At two several payments by even and equal portion (that is
to say) the sum of five pounds … upon every twenty fifth day of March
and the like sum of five pounds residue of the said yearly rent on every
eleventh day of November. The first payment to be made on the
twentyfifth day of March next after the commencement of this lease and
in like manner on those days yearly and until the last year of this
demise and that then in the said last year of the demised form or of the
lesees continuant and upon the said premises the said Jeffrey Lancaster
his executors administrators or assigns shall not only pay the sum of
five pounds on the eleventh day of November but shall also pay the
further sum of ten pounds on the twenty fifth day of march for the rent
of the premises in that year his lease terminates. And the said George
Holme and William Atkinson do for themselves their heirs executors
administrators and for the abovenamed Thomas and William Adamthwaite
(now in minority) covenant grant and agree to and with the said Jeffrey
Lancaster his executors administrators and assigus by those p…. in
manner following viz that he the said Jeffrey Lancaster his executors
administrators and assigus under payment of the said yearly rent and
performance of all singular the covenants cr hereinafter on his and
their parts to be observed performed fulfilled and kept shall and
lawfully may quietly and peaceably have hold and enjoy the said
domicceds premises with every of their appurtances during the term
aforesaid and also will find and provide the said Jeffrey Lancaster with
what years as may be necessary of sufficient for the premises during the
said term the said Jeffrey finding the workmen with … which they make
them up. And the said Jeffrey Lancaster doth for himself his executors
and administrators and assignes covenant promise and agree to and with
them the said George Holme and William Atkinson their heirs and assigues
by those presents in manner following. That is to say that for the said
Jeffrey Lancaster his executors admins and assigues or some of them for
so long time of the term aforesaid as he or they shall or may peaceably
possess and enjoy the above demised shall and will satisfie and pay or
cause to be well and truly satisfied and paid unto them the said George
Holme and William Atkinson or their assignes for the aforesaid the said
yearly rent of ten pounds of lawful British money in such proportions
and at the days and times as above limited and doth hereby further
covenant and agree that if the said George Holmes and William Atkinson
rebuilds the messuage house wherein the said Jeffrey :Lancaster now
dwells or cause the same to be rebuilded and slated so as that the said
Jeffrey …. Exempted and freed from thatching that then and from
thenceforth during the residue of the said term the said Jeffrey
Lancaster his execs admins or assigns will well and truly pay the yearly
rent of ten pounds and ten shillings for the said demised premises at
the usual rent days and in proportion as above limited and will well and
sufficiently husband manure and till the said premises according to the
common course of good husbandry and custom of the country and will keep
and hedges fences and ditches in good and sufficient repair during this
demise and at the end of the said term will yield and deliver up the
peaceable possession of the said demised premises.
In witness
whereof the abovenamed parties to those presents have hereunto
interchangeably sett their hands and seals the day and year first
abovewritten.
Sealed signed and
delivered in the presence of Richard Lancaster, John Hartley
Jeffrey Lancaster
George Holmes William
(X) Atkinson
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