Reference
Z734/1
Title
Indenture of covenant (pursuant to a fine) relating to a yearly rent charge on copyhold premises at Harlington
Parties
(i)
William Clarke of Harlington and George Pare of the same (ii)Simon Martin of Harlington, husbandman
(iii)the Rt. Hon. Henry Cheney, knt., Lord Cheney of Toddington and his wife Lady Jane
Recitals
That (iii), in consideration of certain sums of money paid to them beforehand, have in the term of St. Hillary levied and acknowledged a fine unto (i) of certain messuages, lands, tenements and hereditaments in
Harlington ('Harlingdon'), Westoning ('Westninge') and
Tingrith ('Tingryff') by the name of 30 messuages, 2 dovehouses, 40 gardens, 30 orchards, 300 acs. of land, 80 acs. of meadow, 120 acs. of pasture and 4 acs. of wood with appurtenances being copyhold lands of [an] estate of inheritance, parcel of which are...
(a) one messuage with appurtenances and 1 cottage and 3 pightles with a close called Tybbs and 16 acs. of land by estimation in Harlington Woodend in the parish of Harlington and then and now in the tenure or occupation of (ii) and then and now being copyhold land and lately held of (iii) of their manor of Harlington
...the intent and purpose of the parties to the fine being that (iii) and the heirs of their body [or two bodies] lawfully begotten and, in default of [such] issue, the right heirs of (iii) ['(iii) etc' below] for ever, should have, 'perceave' and take out of (a) such and so much yearly rent as, before the fine was levied, was due and accustomed to be paid for the same to (iii) viz. 17s. 8d., the said rent to be assured to (iii) etc by grant from (i) in such sort, manner and form as by the learned counsel of (iii) should be devised with sufficient clause of distress to be contained therein; and that it is 'perceaved' that during the copyhold estate of (ii) and his heirs in (a) no lawful distress can be had or made in or upon the same for the said yearly rent without the consent and agreement of (ii) or his heirs or prejudice of his estate of inheritance.
Operative part:
Covenant, conclusion and agreement between the parties that (i) give, grant and confirm to (iii) a yearly rent of 17s. 8d. to be issuing and going out of (a).
Habendum: to receive, take and enjoy the rent to (iii) etc for ever to be paid yearly at the feast of the Annunciation of the Virgin Mary and St. Michael the Archangel by equal portions.
Power to (iii) etc to enter into (a), in the event of payment being behind or not made, and distrain 'and the distress there taken to leade dryve and carye awaye and the same to impounde detayne with holde and keepe' until (iii) etc's payment be satisfied.
Covenant and grant by (ii) (saving to himself and his heirs, his right, title, estate and copyhold inheritance of and in (a) by virtue of his copy according to the ancient custom of the manor of Harlington), in consideration that at the time the fine was levied (and before and since) the intent and agreement of the parties was that (iii) etc shall for ever have, enjoy etc out of (a), as before the fine was levied, the rent due and accustomed to be paid for the same to (iii) etc being the ancient rent for the said copyhold messuage and other premises (i.e. (a)), that the yearly rent of 17s. 8d. shall be paid to (iii) etc for ever and that (iii) etc shall have the right to enter (a) and distrain etc (as above) in the event of non payment of the rent.
Provisoes that it is the meaning, intent and purpose of the parties (to which they fully covenant, conclude, grant, condescend and agree) that notwithstanding the fine or this indenture, (a) shall not be charged with payment of any more or other rents but only the stated rent of 17s. 8d.; and (likewise covenanted etc) that notwithstanding etc neither (i) nor their heirs shall be charged by writ of annuity or action of debt for or with the payment of the said rent or arrears thereof.
Signatures of HC and JC on the turn-up. Tags: 4 (1 and 2 with red wax seals showing, although damaged, the coats of arms
Dorse: sealing and delivery in the presence of Edward Burwell and Thomas Hilsden; and inscribed (inter alia) 'No. 1', 'William Martins Deeds'.
Date free text
5 Feb 1586
Production date
From: 1586 To: 1586
Level of description
item