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Transcript of Counterpart Lease between John Darby and Lord Ward, 10th Dec. 1649;
John Darbye - his lease of parte of the Oulde Parke of Dudley for 21 yeares.
THIS INDENTURE made the tenth day of December in the yeare of our Lord God one thousand six hundred forty & nine Betweene the right honble. Humble Ld. Warde Baron of Birmingham on the one parte And John Darby of Sedgley in the County of Staffs. locksmith on the other parte
Wittnesseth that the sayd Humble Ld. Warde for and in Consideration of the yearely rent hereafter in & by these presents expressed & reserved and for other good causes & Considerations him the sayd Ld. Warde hereunto movinge hath demised granted sett & to farm lett, and by these presents doth demise grant sett & to farm lett, unto the sayd John Darby his executors & assignes, All that parte of the olde Parke situate lyinge & beinge in the parishes of Sedgley & Dudley or one of them, and in the Countyes of Staffs. and Worcstrs. or one of them, with all that parte (of the sayd olde Parke) now into severall parts divided, beinge limited out & bounded between the lane leadinge from Sedgley aforesayd (neare unto the house of the Widdowe Granger) downe to the new poole damme, and thence (from about the middle of the sayd damme) unto the old poole, and soe from the old poole damme, alonge by certayne other parcells of the sayd Parke in the occupation of Oliver Fellowe, unto the lane leadinge from Over Gournall towards Parkshouse Hall, and that parte of the sayd Parke lyinge in the west corner thereof now in the occupation of Dudley Bagley on or neare all partes thereof,
And allsoe all that Lodge or Cottage upon the demised premises, all which sayd premises above mentioned to be demised were sometimes in the holdinge of Willm. Holland or his assignes Except and allwayes reserved (out of the present grant) unto the sayd Humble Ld. Warde his heires & assignes all mines of Coles & Iron Stone in or upon the premises or any parte thereof with free liberty to digge & sell the same, duringe the tearme herein limited, The sayd Humble Ld. Warde his heires & assignes givinge such satisfaction unto the sayd John Darbye his executors & assignes for the dammage to be done upon the sayd premises in gettinge & sellinge the sayd mines as shall be thought fitt by two indifferent men to be thereunto appointed (to censure the same) by the partyes unto these presents
To have & to holde all that parte of the old Parke aforesayd, abovementioned to be demised, and the lodge or cottage aforesayd thereupon erected with all and singular the apputenances (except before excepted) unto the sayd John Darby his executors administrators & assignes from the first day of January next ensuinge & fully to be compleate and ended Yealdinge & Payinge therefore yearely duringe the sayd tearme unto the sayd Humble Lord Warde his heires & assignes the yearely rent of thirty pounds of lawfull money of England in & upon the second day of Januarye and the fower & twentieth day of June, by even & equall portions, And allsoe payinge all parochiall lewnes & assessments, which from time to time duringe the tearme aforesayd shall be imposed & assessed upon the sayd demised premises
And if it shall happen that the sayd yearely rent of thirty pounds or any parte thereof to be behinde & unpayd after any of the sayd dayes of payment (whereon the same ought to be payd) by the space of fowerteene dayes and noe sufficient distresse can be had upon the premises, That then it shall & may be lawfull to & for the sayd Humble Lord Warde his heires & assignes into the premises above demised & any parte thereof to reenter and the same to take & have agayne as in his or their former estate, any thinge in these presents contayned to the contrarye notwithstandinge.
And it is further agreed between the partyes aforesayd to these presents that the sayd John Darby his executors & assignes shall repayre the lodge or Cottage aforesayd, and build a barne & such other buildings upon the premises, as he or they shall thinke fitt, The sayd Humble Ld. Warde his heires or assignes appoyntinge out timber & boards for the same The Carriage whereof, & all other charges concerninge the same to be done & disbursed by the sayd John Darby his executors or assignes, And in Consideration thereof it shall be lawfull for the sayd John Darby his executors & assignes to defalte & keepe backe twenty pounds of the rent above reserved, by five pounds at every of the fowre first rent dayes in the tearme aforesayd, for and towards the buildings aforesayd, which sayd buildings he the sayd John Darby his executors or assignes shall & will keepe in repayre duringe the tearme aforesayd, and in the end thereof shall & will leave & yealde up the same (& the rest of the premises) well & sufficiently repayred and tenantable
And it is allsoe further agreed betweene the sayd partyes that the sayd John Darbye his executors or administrators shall not assigne over, or parte with the possession of the whole premises above demised unto any person or persons whatsoever (except to his wife or children) without the Consent of the sayd Lord Ward his heires or assignes first had & obtayned
And Lastly the sayd Humble Ld. Warde for himselfe his heires executors & assignes doth covenant promise & grant to & with the sayd John Darby his executors administrators & assignes by these presents, that he the sayd John Darby his executors administrators & assignes payinge & observinge the rents & agreements aforementioned shall peaceably & quickly holde possesse & enjoye the premises above demised without any disturbance or eviction of him the sayd Humble Ld. Warde his heires or assignes or of any other person or persons clayminge from, by, or under him the sayd Humble Ld. Warde duringe the tearme aforesayd
In Witnesse whereof the partyes aforesayd to these presents have Interchangably putt their hands & seales the daye & yeare first abovewritten.
Sealed & delivered in the presence of Ed: Ashenhurst and Edw. Parkshouse
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