Indenture 1627 John and Stephen Terry purchasing the Rectory, Parsonage and Advowson of Warfield with land etc
This Indenture made the Nyne and twentieth daye of Februarie Anno dni iuxta ac 1627and in ther Third yeare of the Raigne of our soveraigne Lord Charles by the grace of God kinge of England Scotland France and
Ireland defender of the faith and betweene Henrie Braborne Citizen and Fishmonger of London and Dorothie his wife daughter of John Marden late Citizen and Merchant Tailor of London deceased on the one parte and John Terry Citizen and Gouldsmith
of London and Stephen Terry of Caius Bridge in the Universitie of Cambridge Master of Artes Sonne of the said John Terrie on the other part. Witnesseth that the said Henrie Braborne and Dorothy his wife for and in the Consideracon of sume of
One thousand and one hundred poundes of good and lawfull money of England to them the said Henrie Braborne and Dorothie his wife at or before the sealinge and deliverie of theis p[resen]tes by the said John Terry and Stephen Terry well and truely paide
and satisfied The receipt whereof by the said Henrie Braborne and Dorothie his wife by theis p[resen]tes Acknowledge And thereof and of everie part and parcell thereof doe acquite release and discharge the said John Terry and Stephen Terry and
of them theire and either of theire heires and assignes for ever by theis p[resen]tes. Have grannted bargained sould aliened infeoffed assigned and confirmed And by theis p[resen]tes doe further Cleereth and absolutely grannt bargaine sell alien infeoffe
assure and confirme unto the said John Terry and Stephen Terry their heires and assignes for ever All that the Rectorie or Parsonage and Parsonage house of Warfeilde in the Countie of Berk with all and singuler the
and appurtenances thereof situate lyeinge and beinge in Warfeild and in the parish of Warfeild in the said Countie of Berk and the Advowson right of Patronage and presentacon of and to the vicaridge of Warfeild aforesaid and all and singuler
houses edifices buildinges glebe lands tithes obligacons obvencons proffitts Comodities emoluments and hereditaments whatsoever to the said Rectorie or Parsonage belonginge or in anie wise appertayninge or to or by the same as
part parcell or member thereof nowe or heretofore ? ? ? ? ? ? ? ? and beinge before all that one Messuage or Tenement late of the said John Marden as
the same is now devided into three partes and taken out of the Comon and situate and beinge in Wingfeild in the said Countie of Berke and ? was in the tenure of occupacon of the said John Marden or of his assigne or assignes. And ?
other the Landed Tenements tithes and hereditaments whatsoever with theire and everie if theire appurtenances situate lyeing beinge in re??inge or Conninge within the parishes of Warfeild and Wingfield aforesaid and in each ?
them which were heretofore bargayned sould or Conveyed or are menconed to be bargained sould or Conveyed to them the said Henrie Braborne and Dorothie his wife or either of them by or from William Chapman and Marie his wife
Sr Arnold Hurbert and Dame Susan his wife or any of them. And the revercon and revercons remaynder and remayners of all and singuler the before menconed premisses and of everie part thereof. And also all the right title
estate interest use possession Clayme and demand whatsoever which they the said Henrie Braborne and Dorothie his wife and either of them nowe have or have or of right ought to of in or to the said Rectorie right of Patronage
and prmisses or of in or to anie part or parcell thereof together with all and singuler the deedes Evidences writinges and muniments whatsoever toucheing or Concerninge the same premisses and everie or anie part or parcell thereof To have
and to hould the same Rectorie or Parsonage houses edifices glebe lands Tenements and the said Advowson right of Patronage and Presentacon to the said vicaridge of Warfeild aforesaid and all other the premisses before by theis p[resen]tes and
bargained and sould or ment menconed or intended to be bargained and sould with theire and everie of theire rightes members appurtenances unto the said John Terry and Stephen Terry theire heires and assignes for ever To the onely p per
pose and behoofe of the said John Terry and Stephen Terry and of theire heires and assignes for ever And the said Henrie Braborne doth for him his heires executors and administrators Covenant promise and graunt to and with
the said John Terrie and Stephen Terry theire heires and assignes by theis p[resen]tes in manner and forme followinge That is to saie that the said Rectorie or Parsonage Landes Tenements or Hereditaments and the Advowson right of patronage
and Presentacon of the vicaridge of Warefeild and all other the premisses before by theis p[resen]tes bargained and sould or graunted or menconed to be bargained and sould or graunted and everie part and parcell thereof with there
and everie of theire appurtenances at the ensealinge and deliverie of theis p[resen]tes are and be and so from henceforth shall evermore remayne Continue and be unto the said John Terrie and Stephen Terrie and to theire heres and
assignes for ever Cleere and Cleerely acquited exonerated discharged or otherwise from time to time uppon everie lawfull and reasonable request to the said Henrie Braborne and Dorothie his wife or either of them
or either of theire heires exxecutors or administrators in that halfe to be made well and sufficientlie saved and kept harmeles by the said Henrie Braborne his heires executors or administrators or some of them of and from
all and all manner of former and other bargaines sales guiftes graunts seases joyntures dowers statutes merchaunt and of the staple Recognizances debtes of record debtes due to our soveraigne Lord ? kinge Charles of
Fines issues amerciaments Liveries ouster le maynes† orders defers and of and from all other Charges titles estates and incumbrances whatsoever had made Comitted or done by the foresaid John Marden deceased or by the said
Henry Braborne and Dorothie his wife or either or anie of them before thensealing and delivery of theis p[resen]ts The Rentes and services from henceforth to be due Cheife Lord or Lordes of the fee or fees of the premisses
allwaies excepted and foreprized And alsoe except one Lease by Indenture bearinge date the Twelveth daye of Maye Anno dni 1623 And in the one and twentieth yeere of the raigne of our late soveraigne Lorde kinge James of England France and
Ireland made and graunted by the said Henrie Braborne unto William Godfrey and Henrie Kinge yeomen of the greate Tithe of the Corne and Hay growinge issueinge and belonginge to the said Parsonage for the terme of Six yeeres three
quarters of a yeere and two months Commensing from the feast of the Nativitie of St John Baptist next after the date of the said Lease whereuppon the yeerely rent of threescore and eight poundes is reserved. And also except one other
Lease likewise by Indenture bearing date the aforesaid Twelveth daie of Maye Anno dni 1623 and in the one and twentieth yeere of our said late soveraigne Lord King James of England Scotland France and Ireland made and
graunted by the said Henrie Braborne to one Arthure Kinge of Parsonadge house and Glebelands parcell of the berfore menconed premisses for the terme of one and twentie yeeres from the feast daie of the Nativitie of St John
Baptist next after the date of the said last menconed Lease whereuppon the yeerely rent of Tenn pounds is reserved. Which said two severall yeerely rents and either of them and shall Continew due and payeable to the said John Terry
and Stephen Terry their heires and assignes dureinge the Continuance of the said severall Leases respectoively by and accordinge to the purport and true meaninge of the said two severall Leases and of theis p[resen]ts notwithstandinge any
act done by the said John Morden deceased or by the said Henrie Braborne or either of them to the Contrarie And further the said Henrie Braborne for him his heires executors and administrators doth Covenaunt or promise
and graunt to and with the said John Terry and Stephen Terry their heires and assignes by these p[resen]tes that they the said John Terry and Stephen Terry their heires and assignes shall or maye from henceforth for ever lawfully
peaceablie and quietlie have hould occupie possesse and enioye the said Rectorie or Parsonage houses edifices tithes and the Advowson right of Patronage and Presentacon of or to the said vicaridge and all other the premisses before
menconed to be by theis p[resen]tes bargained and sould or graunted and everie part and parcell thereof with their and everie of their appurternances and receave and take the rents issues and profitts thereof and everie part thereof to theire use &
uses forever without any lawfull lett trouble eviccon disturbance or interrupcon of or by the heires or assignes of the said John Marden deceased or of or by the said Henrie Braborne and Dorothie his wife or either of them or thr heires or assignes
of the said Henrie Braborne or anie of the or anie other person or persones lawfullie Clayminge by from or under him her them or anie of them And furthermore the said Henrie Braborne and
and persons lawfullie havinge or Clayminge or which hereaf? said John Terry and Stephen Terry their heires and assignes shall Cyn? ? by the said Henrie Braborne his heires and assignes ? ? ? ?
out of the said ? or ? ? (document much creased here)
bargained prmisses or anie parte thereof by from or under the said John Marden Henrie Braborne and Dorothie his wife of anie of them and ? att all tymes hereafter and from time to time dureing the space of seaven yeeres
next ensueinge the date hereof when and as often as hee or anie of them shalbe thereunto lawfullie reasonablie required by the said John Terry and Stephen Terry or either of theire heires or assignes
or anie of them and at the onely and proper Costes and charges of them the said John Terry and Stephen Terrie or some or anie of them doe make acknowledge and execute and cause and procure to be made
done and executed and every such further fawfull and reasonable acte and actes thinge and thinges Conveyances and assurances in the same whatsoever for the further and better assuringe suertie and sur? maker?
of all the bargained or menconed to be bargained premisses with theire and everie of their appurtenances to the said John Terrie and Stephen Terry theire heires and assignes accordinge to the purpose intent and tone &
meaninge of theis p[rese]ntes. Bee it by Fyne feoffment Recoverie deed or deedes inrolled or not inrolled acknowledgement or inrollment of theis p[rese]nts or by anie such other lawfull and reasonable assurance or assurances with warantie
onely as in theis p[rese]nts or otherwise without warrantie as by the said John Terrie and Stephen Terrie or oether of them or either of theire heires and assignes or by his or theire or anie of theire Councell learned in the Lawes of this
Realme shalbe reasonablie advised devised and required Soe as the said Henrie Braborne his heires or assignes or any the person or persons by whom such further Assurance or assurances shalbe is or are to be had or made as
aforesaid bee not Compelled nor by force of theis p[rese]nts or otherwise shalbe Compellable to travaile further then to the Citties of London and Westminster or either of them, for the makeinge and executeinge of the same actes or fa?
assurance of assurances or anie of them And it is further Covenanted graunted agreed by and betweene the said parties to these p[rese]ntes that the said Fyne feoffment Recoverie and all further actes assurance
and assurances soe as aforesaid to be had or made and everie of them and the full force benefitt and effect shalbe and shalbe Connstrned adjudged taken and deemed to be the onely use and behoofe of the said John Terrie
and Stephen Terrie theire heires and assignes and to none other use intent or purposer whatsoever In Witness whereof the parties aforesaid to theis Indentures Interchangeably have putt theire handes and seales
?en the daye and yeere firste above written Recogme Coram me Guliel? Gra?
†OUSTER LE MAIN. In law-French, this signifies, to take out of the hand. In the old English law it signified a livery of lands out of the hands of the lord, after the tenant came of age. If the lord refused to deliver such lands, the tenant was entitled to a writ to recover the same from the lord; this recovery out of the hands of the lord was called ouster le main.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
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