Bradfer-Lawrence Collection (YAS): MD335/1/4/1/13
Note: Charles II was crowned king in 1661 following the Restoration, but in legal documents his reign was calculated from the execution of his father, Charles I, in January 1649. Also before 1752, there is a one-year disparity between the legal, or Regnal, year and the historical, calendar year for days before the 25th March (start of the legal year). Thus, the Indenture was agreed in the Regnal year of 1680, which is actually 1681, and so the ‘the three and thirtieth year’ of his reign.
This Indenture made the fourteenth day of March Anno domini 1680 And in the three and thirtieth yeare of the Raign of our most gracious soueraigne Lord Charles the second by the grace of god of England Scotland fraunce And Ireland king defender of the faith. Between Joshua cudworth of wernith within Ouldham in the Countie of Lancaster gent upon the one part And John dalton of Ouldham Aforesaid in the said Countie of Lancaster husbandman upon the other part Witnesseth that the said Joshua cudworth for divers good causes and considerations him thereunto moving but more especially for and in consideration of the Anuall and yearely rent hereafter in these presently expressed has the said Joshua cudworth hath demised granted sett and to farme Lett on and by these presents doth demise grant sett and to farme Lett unto the said John dalton his executors Administrators and Assignes All that one cottage and garden situated In Ouldham Aforesaid now in possession of the said John dalton and Ellen wolfendin Mother in law of the said John dalton Together with all Edifices buildings wayes waters watercourses paths gates Liberties easements profitts comodities and Emoluments whatsoever unto the said premises belonging or in any wise Appertaining with the Appurtenances are to have and to hould the said cottage garden and premises before granted by these presents with the Appertained unto the said John dalton his executors Administrators and Assignes Immediatly from and After the day of the date of these presents for and dewring all the tyme and terme of twenty one yeares** next ensuing fully to be compleat determined and Ended: hee the said John dalton his executors Administrators and Assignes yeilding and paying thereafter yearely unto the said Joshua cudworth his heires and Assignes the Anuall and yearely rent of three shillings of good and Lawfull money of England at the feast dayes and tymes of pentecost and Saint Martin the Bishopp in winter by even And equall portions And in boones one day shearing yearely in the tyme of harvest with an Able person And if it happen that the said yearely rent or boones Above mentioned or any part thereof bee not payd and done at the dayes and tymes Above mentioned and Appoynted that then it shall bee Lawfull to and for the said Joshua cudworth his heires and Assignes to enter into the said premises and Make distress for the same; And for want of Lawfull distress to reenter and possess the same premises as his owne Inhabitance; And it is Agreed by and betweene the said parties that the said John dalton his executors Administrators and Assignes shall Appeare And do suit and service at the court to bee held for the Manor of wernith and Ouldham when he shall be summoned there unto by the said Joshua cudworth his heires and Assignes And shall Also keepe and Maintaine the said cottage in good repayre during the said terme And the said Joshua cudworth his heires and Assignes the said cottage and premises with the Appurtenances for and during the tyme and terme Aforesaid and upon the rents and boones Aforesaid and in manner and forme Aforesaid unto him the said John dalton his executors Administrators and Assignes Against him the said Joshua cudworth his heire and Assignes and every other person and persons Lawfully claiming by from or under him or them shall and will warrant and defend by these presents In witnesse whereof the parties Aforesaid to these present Indentures have interchangeably put their hands and seales the day and yeare first Above written:
On the back: Memorand that these words (twentie and 1) in the fourteenth Line** was interlined and then sealed signed and delivered in the presence of
John X whitehead his marke
Susan X Boydale her marke
Henry Whittaker
Note: Another document [MD335/1/1/20/5; 1673] in the Bradfer-Lawrence collection mentions “Henry Whittaker of Oldham, parish clerk”.
OLDHAM Thomases 