This Indenture made the Second Day of May in the Third Year of the Reign of our Sovereign Lord George the Third, by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith, and so forth, and in the Year of our Lord, One Thousand Seven Hundred and Sixty Three. Between Alexander Nowell of Read in the County of Lancaster, Esquire, of the one Part. And Robert Hindle of Great Harwood in the said County Webster of the other Witnesseth, that for and in Consideration of the Sum of Twelve pounds and sixteen shillings of lawful Money of Great Britain, to him the said Alexander Nowell in Hand, well and truly paid by the said Robert Hindle before the Execution hereof, the Receipt whereof he doth hereby acknowledge, and thereof and every part thereof, doth acquit, exonerate and discharge the said Robert Hindle his Heirs, Executors and Administrators, and every of them for ever, by these Presents, and also for and in Consideration of the yearly Rents Covenants and agreements herein after mentioned, and reserved to be paid, done and performed, on the Part and behalf of the said Robert Hindle his Heirs and Assigns, and for divers other good Causes and valuable Considerations, he the said Alexander Nowell, Hath Demised, Granted, Leased, Sett and to Farm Letten, and by these Presents doth Demise, Grant, Lease, Sett and to Farm let unto the said Robert Hindle his Heirs and Assigns, all those pieces and parcels of Land belonging to him the said Alexander Nowell called and known by the name and names of the Nook, the Backside the House field and the Lane lying and being on Harwood Moor in Great Harwood aforesaid and Numbered in the Division Map thereof with (37) containing in the whole 5 a 3 r 17 p of the Measure there used or thereabouts be the same more or Less together with all and Singular Ways, Waters, Watercouses, Hedges, Ditches, fences, Liberties, Easements, Profits, Priviliges, Emoluments and Advantages thereunto belonging, or therewith usually enjoyed; except and out of these Presents always excepted, all Timber and other Trees, Bushwood, (leaving sufficient for fencing on the Premises) Mines, Delfs, Minerals and Quarries of what nature or kind soever, with liberty to the said Alexander Nowell his Heirs and Assigns, and his and their Agents and Workmen, to Fall, Mine, Dig, Search for, Sink, Sough, Cut down, burn and carry away the same at his and their Will and pleasure; and also to Bank or Erect any Buildings or machines, and use any other ways or means whatsoever as shall by him or them be thought requisite or necessary for carrying on any Collery or Stone Quarry, in or upon the said Premises or any part thereof; and also except all manner of Free Warren; and Birds and Beasts of free-Warren; and Liberty to and for the said Alexander Nowell his Heirs and Assigns, and his and their Servants and others, by his and their or any of their Order and Appointment, to enter into the said Premises, or any Part thereof; there to Hunt, Hawk, Fish and to kill and take away by any ways or means whatsoever, all manner of game, Fish and wild Fowl, in and upon the said Premises, and except likewise and always reserved to the said Alexander Nowell his Heirs and assigns, full Right and Liberty, from Time to Time, and at all Times, during the Term and Estate hereby Granted and Demised, to inclose, stint, fence in and improve, for his and their own Use and Benefit, any Part or Parts of the Commons or waste Grounds, which now are and lie open or unenclosed within Great Harwood aforesaid at his and their free Will and pleasure; and also Liberty to carry over and through the said Premises, Timber and other Trees, Bushwood, Stone, Coal and all other Mines gotten in the said Premises or elsewhere, and belonging to the said Alexander Nowell his Heirs and Assigns
To have and to Hold all and every the said Closes Closures pieces and parcels of Land and Premises with their and every of their Appurtenances, (except as before excepted) and every part thereof, unto the said Robert Hindle his Heirs and Assigns, from the Execution hereof, for and during the Term of the natural and several Life and Lives of Grace his now Wife aged 45 Years Robert his son aged 10 years Thomas his Son Aged 6 years and for the life of the survivor and longest Liver of them
Yielding and paying therefore yearly and every Year during the said Term herby Granted and Demised, unto the said Alexander Nowell his Heirs and Assigns, the annual or yearly Rent of One Pound and Three Shillings of lawful Money of Great Britain, at and upon every Twenty Ninth Day of September and Second day of February by equal portions (the first payment thereof to begin and be made upon the Twenty Ninth Day of September next ensuing the Date hereof clear of all manner of Deduction or abatement to be made thereout, for or in respect or any present or future Parliamentary or others Leys, Taxes, Charges, Assessments, Imposition, or other Outgoings whatsoever, to be taxed charged, assessed, or imposed upon the said Premises, or upon the said Alexander Nowell his Heirs or Assigns, for or in respect thereof
AND also yielding and doing suit and Service of Court at and to the Court and Courts from Time to time, to be holden for the Manor of Great Harwood upon general Warning, to be given in the usual Manner for the holding of such Courts, by the Bailiff or other Officer of the Lord or Lords of the said Manor or Manors for the Time being, unless upon reasonable Excuse, to be allowed from Time to Time by the Steward of the said Court or Courts for the Time being, he or they shall be freed and discharged for that Time from the same; And also performing all Orders heretofore made or hereafter to be made in any of the Courts kept or to be kept for the said Manor. And the said Robert Hindle doth for himself his Heirs, Executors, Administrators and Assigns, covenant, promise and agree to and with the said Alexander Nowell his heirs and assigns, by these presents, in Manner and Form following, that is to say, that he the said Robert Hindle his Heirs, Executors, Administrators and Assigns or some of them, shall and will well and truly pay or cause to be paid unto the said Alexander Nowell his Heirs and Assigns, the said yearly Rent of One pound and three shillings at the Days and Times and in Manner and Form herein before ___________ and appointed for payment thereof. AND also shall and will do and perform the said suit of Court, and all and every other the Boons and services aforesaid and observe perform fulfil and keep all and every the order and Orders made or to be made, at the said Court or Courts. AND FURTHER shall and will from Time to Time, and at all Times during the said Term hereby Granted and Demised, pay, bear, discharge and satisfy all Parliamentary and other Leys, Taxes, Charges, Assessments, and other Impositions whatsoever, to be taxed, charged, assessed, or imposed upon the said Premises.
AND ALSO shall and will yearly and every Year during the said Term, plant and set in and upon the said Premises or some Part thereof, Three good and sufficient young Plants of Oak, Ash, or Elm and to the best of his and their powers preserve the same when planted as aforesaid from being destroyed: And if they, or any of them, shall happen to die or be casually destroyed, shall and will within six Months after, plant and set the like Number in their Room and Stead. AND shall and will from Time to Time and at all times during the said Term hereby Granted and Demised and at his and their own proper Costs and Charges, well and sufficiently repair, amend, uphold, maintain and keep all and every the said Closes, Closures, pieces and parcels of land and the Hedges, Ditches, Gates, Styles, Fences, Bridges and Causeways thereunto belonging, in, by, and with all manner of needful and necessary Reparations, and Amendments whatsoever: And the same Premises, so well and sufficiently repaired, shall and will at the End, Expiration or other sooner Determination of the said Term, peaceably and quietly yield and deliver up unto the said Alexander Nowell his Heirs and Assigns. AND ALSO that he the said Robert Hindle his Heirs, Executors, Administrators and Assigns, shall and will cause to be ground, all his and their Corn, Grain and Malt, that shall be spent, ground, or made use of upon the Premises, or fold, ground from off the same, at the Mill or Mills of him the said Alexander Nowell if any during the term of this lease shall be erected in Great Harwood aforesaid, he and they being honestly served, and in due Time, and shall and will pay such Toll, Custom and Moulture for the Grinding thereof as is there used. AND in Default thereof shall and will pay the whole Toll and Moulture thereof, for all such Corn and Grain as shall not be ground at the said Mill or Mills. AND also shall and will spend, set bestow and spread, in and upon the said Premises, and not elsewhere, all the Soil, Dung and Manure that shall yearly arise, grow or be gotten from the Corn, Straw, or Grain used and consumed upon the Premises, or from the Cattle which may be kept thereupon.
AND further also that he the said Robert Hindle his Heirs and Assigns, shall not nor will during the continuance of this lease, take, kill or destroy any Kind of Game, Fish or Wild-Fowl, in or upon the said Premises, or keep any Net, Dog, or Engine for take the same.
AND further also that he the said Robert Hindle his Heirs and Assigns shall not nor will during the last life of the three Lives before mentioned, dig, break up, or Plow, or cause, or procure to be, any of the Meadow Ground hereby Demised or Land commonly used for Meadowing without such Licence and consent as aforesaid: NOR shall nor will he they or any of them during the said Last Life of the said three Lives in any one Year dig, break up or Plow or cause, or procure to be over and above one third part of the Ley, Stubble and Pasture Ground without such Licence and consent, as aforesaid, under and on pain in either of the two last mentioned Cases to forfeit and pay to the said Alexander Nowell, his Heirs or Assigns, the sum of Five pounds for every Acre of Meadowing, Ley, Stubble and Pasture Land, which shall be so digged, broken up or plowed contrary to this present agreement and so proporsionably for any great of lesser quantity.
PROVIDED always, and these Present are upon this express Condition, and it is the true Intent and Meaning of these Presents, and of the Parties to the same, that if the said yearly Rent, or sum of One Pound and Three Shillings or the Duties, Suits and Services before mentioned, or any part thereof, shall be behind or unpaid by the space of ten Days next over of after the Days or Time herein before limited and appointed for Payment or Performance thereof altho’ the same be not demanded, Or if the said Robert Hindle his Heirs or Assigns do or shall Sett, Lett assign over, devise or exchange the said Premises or any Part thereof, for all or any Part of the said Term, except it be to and for the Use of his Wife Child or Children without the Licence and consent of the said Alexander Nowell his Heirs or Assigns, full had and obtained in writing for that Purpose: Or do or shall commit, or permit, or suffer to be done any wilful or voluntary Waste, spoil or Destruction in or upon the said Premises, or any part thereof : Or do or shall make Default or Failure in Performance of all or any of the Covenants and Agreements herein before Covenanted and agreed, and which on the Tenants or Lessees ____ are or ought to be paid observed, performed and done, that then and from thenceforth and in all or any of the Cases aforesaid, it shall and may be lawful to and for the said Alexander Nowell his Heirs and Assigns, or the Owner or Owners of the Reversion and Inheritance of the said premises for the time being, into all and singular the said demised Premises or any Part thereof, in the Name of the Whole, to re-enter and the same to have again, re-possess and re-enjoy, as it is his or their first or former Estate or Estates, and then and from thenceforth this present demise shall be utterly void frustrate and of no longer Continuance, Force or Effect whatsoever, any thing before herein contained to the contrary thereof in any wise notwithstanding. AND the said Alexander Nowell for himself his Heirs and Assigns, doth Covenant, promise, grant and agree to and with the said Robert Hindle his Heirs, Executors, Administrators and Assigns, that he the said Robert Hindle his Heirs and Assigns, paying, doing and performing the Rents, Boons, Duties, Services and Covenants herein before on his and their parts covenanted and agreed to be paid done and performed shall and may from Time to Time, and at all Times during the said Term, peaceably and quietly have, hold, use, occupy, possess and enjoy the said premises, with the Apurtenances (except as before excepted) and every Part thereof, without the –ett Stop, Suit, Hinderance, Molestation, or disturbance of the said Alexander Nowell his Heirs or Assigns, or any other Person or Persons whatsoever. AND the said Alexander Nowell hath nominated, constituted, deputed, made and appointed, and by these Presents doth nominate constitute, depute, make and appoint Robert Lang to Leyland in the said County and William Aspden of Great Harwood jointly and severally his true and lawful Attorney or Attornies, for him, and in his Name, Place stead to enter into and upon the said Premises, or any part thereof in the Name of the Whole, and quiet and peaceable Possession and Seisin thereof to take, and the same to had and taken as aforesaid to deliver over unto the said Robert Hindle or to his certain Attorney to be in that Behalf thereunto lawfully authorised, TO HAVE, HOLD AND ENJOY the same, unto the said Robert Hindle his Heirs and Assigns, according to the Intent and Meaning of these Presents. AND LASTLY it is hereby covenanted and agreed, by and between the said Parties, to these Presents that the said Robert Hindle his Heirs, Executors, Administrators and Assigns, shall and will, within six Months next after every or any Notice upon reasonable Occasion in that Behalf shall be given or made in Writing by the said Alexander Nowell or the Owner or Owners of the Reversion and Inheritance of the said Premises for the Time being, produce and show the respective Person or Persons for whose Lives these Presents are made or some one of them which shall be then living, or good and sufficient Testimonial or Testimonials that he She or they, some or one of them, are or is alive, and resident and being at such certain Place or Places as they or the survivor or survivors of them shall dwell in or reside in or at; and in Default thereof it shall and may be lawful to and for the said Alexander Nowell Heirs and Assigns, or the Owner or Owners of the Reversion and Inheritance of the said Premises for the Time being into all and singular the said Premises, or any part thereof in the Name of the Whole, to re enter and the same to have again, re-possess and enjoy, until the said Person or Persons, or the Survivor and survivors of them shall be produced and shown, or sufficient Testimonial or Testimonials give of their being alive and Place of their Residence: And in case is shall appear, after such Entry made as aforesaid, that the said Lives, or any of them, are or was in being at and after the Times of such entry that then the said Alexander Nowell or such other Reversioner who then by virtue hereof receive the Profits of the said Premises, shall upon reasonable Demand, account for and pay unto the said Robert Hindle his Executors, Administrators and Assigns, the Profits so by him or them to be received after such Entry, during such Life or Lives in being, allowing and deducting his or their Charges or Expences touching the same, and re-deliver the Possession thereof unto the said Robert Hindle his Heirs and Assigns, to be by him and them held and enjoyed according to the true Intent and Meaning of these Presents, as if such Re-entry had never been made, any Thing before mentioned notwithstanding. IN WITNESS whereof the said Parties to these Presents have hereunto interchangeably set their Hands and Seals, the Day and Year first above-written.