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A07485 This indenture made [blank] in the fourteenth yeare of the raigne of our soueraigne lord James by the grace of God King of England ... betwene Hugh Middellton cittizen and goldsmith of London on the one party and [blank] on the other party ... 1616 (1616) STC 17869.5; ESTC S4784 3,309 1

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Anno Dni 1616 This Indenture made The Seauententh daie of Marche in the fourteenth yeare of the raigne of our Soueraigne Lord James by the Grace of God King of England France and Ireland Defender of the Faith c. And of Scotland the Fiffith Betweene Hugh Middellton Cittizen and Goldsmith of London on the one party and Hugh Merrick of London Esquire and Hugh 〈◊〉 of London ●…ent on the other party Witnesseth that the said Hugh Middellton for and in consideration of the some of Twentie Shillinges of lawful mony of England to him in hand at and vpon thesealing and delivery hereof by the said Hugh Merrick and Hugh 〈◊〉 well and truely paid for and in the name of a fine or incombe The receipt whereof the said Hugh Middelton doth acknowledge by these presents hath demised and granted and by these presents doth demise grant vnto the said Hugh Merrick and Hugh 〈◊〉 a quill or branch of lead containing halfe an inch of water or thereabouts the said branch to be taken from the main pipe that lyeth in 〈…〉 thinge La●●●… and from thence to be conuaied in the foresaid pipe of lead by two of the smallest Swan-necked-Cockes for that purpose already imployed into the yarde and kitchin of the now dwelling house of Hugh Merrick and Hugh 〈◊〉 ● at their 〈…〉 e of their owne proper costs charges To haue and to hould the said branch and water course vnto the said Hugh Merrick and Hugh 〈◊〉 and to the longer liuer of them two from the feast of the Annuntiation of St. Marye the Virgin 〈◊〉 〈…〉 ing the date of these presents vnto the end and terme of twenty and one yeares from thence next ensuing and fully to be complete and ended Time of needful reparations and of mischance and casualty by fire onely excepted if they the said Hugh Merrickand Hugh 〈◊〉 or if either of them shal so long dwell continue in the said house wherein now they do and vse no other trade then now they do for the greater expences of water Yeelding and paying therfore yearly during the said terme vnto the said Hugh Myddellton his Heires and Assignes the some of Twentie shilling of lawful mony of England at the feast of the Natiuety of S. John Baptist S. Michiel the Archangel the Byrth of our Lord God and the Anunciation of S. Mary the Virgin by euen and equal portions the first paiment to begin at the Natyuitye of S. John Baptist next comming after the date hereof The which yearely rent the said Hugh Merrick and Hugh 〈◊〉 doe couenant and grant by these presents for them and either of them and for their and eith●● of their Executors and Administrators to and with the sayde Hugh Myddelton his Heires and Assignes That the sayde Hugh Merrick and Hugh 〈◊〉 and their or one of their Executors or Assinges shal pay to the said Hugh his Heires or Assignes at the feasts aforesaid yearly during the said terme or within one twenty daies after at the said dwelling house of the said Hugh in Westcheape London And the said Hugh Myddellton for him his Heires and Assignes doth couenant and grant to and with the said Hugh Merrick and Hugh 〈◊〉 by these presents That they the said Hugh Merricke and Hugh 〈◊〉 shal peaceably and quietly enioy the said quil or branch of water according to the tenor and true meaning of these presents needful reparations and casualties by fire excepted Prouided alwaies and the said Hugh Merricke and Hugh 〈◊〉 for them and either of them do couenant promise and grant to and with the said Hugh his heires and assignes by these presents That the said Hugh his heires and Assgines or his or their Officers or Seruants shall or may peaceably and quietly come into the house of the said Hugh Merricke to view the said Cocke and pipe for the said water-course or any other pipe or branch that shal be deriued into any other house from their the said Hugh Merricke and Hugh 〈◊〉 branch by the consent of the said Hugh Myddellton or his Assignes and to set that the said water shal not run at wast and further that the said Hugh Merricke and Hugh 〈◊〉 and either of them shall repaire and maintaine the Cockes and so much of the pipe seruing for the said water course belonging to his the said Hugh Merricke his said house at his or their owne proper cost and charges by the ouer-sight and direction of the said Hugh his heires or assignes or his or their Officers appointed for that purpose And the said Hugh Merricke and Hugh 〈◊〉 do further couenant promise and grant for them and either of them to and with the said Hugh his heyres and assignes by these presents in manner and forme following that is to say That neither the saide Hugh Merricke nor Hugh 〈◊〉 nor either of them shall suffer any Currant or other disposing of any of the said water from their said Cockes or pipe other then for the seruice only of the saide Hugh Merricke his saide house and only for so long time as this lease shall remaine in force Neither shall without the agreement and consent of the saide Hugh Middelton his heires or assignes first had and obtained after or remoue or cause to be altered or remoued the saide pipe or Cocks otherwise then as the same are now at the first made and set vp Nor in the end of the saide terme or other ceasing of this present lease shall disturbe the said Hugh or his assignes in cutting the saide lesser pipe from the said maine pipe or any other pipe or branch that shal be deriued into any other house from the said branch of the said Hugh Merricke and Hugh 〈◊〉 as aforesaid for the ceasing of the said water-course Prouided alwaies that if the said yearely rent of Twentie Shillinges shall be behind or vnpaied in part or in all contrary to the tenor and true meaning of these presents being by the said Hugh his heires or assignes or his or their seruants or officers for that purpose lawfully demanded at the said dwelling house of the said Hugh Merrick at any time in the day before the end of the said one and twenty daies or if the said rent or any other part therof shall be behind or vnpaide after one and twenty dayes ended Or if the said Hugh Merricke and Hugh 〈◊〉 or either or them or any other by their permittance shal suffer the said water to run at wast except in time of frost a quarter cocke and shall not for euery such wast at the finding thereof by the saide Hugh his Heires or assignes or his or their Officers or s●●uants within six daies next after his or their reasonable request pay or cause to bee paid to the saide Hugh Myddellton his heires or assignes at his said ho●●e the summe of two shillings sixe pence Nomine pene or if the saide pipe or Cocke shall be altered or taken away or any other water-course out of the said pipe or Cocke suffered by the said Hugh Merrick and Hugh 〈◊〉 or either of them or by their or either of th●●r assignes or by any other person by their or any of their procurement contrary to the true tenor and meaning of these presents That then this present graunt and demise and all couenants and graunts therin contained which ought to be performed on the part of the saide Hugh shall cease bee voyde and clearely frustrate and the saide terme shall cease and no longer indure any such thing in these presents contained to the contrary notwithstanding And it is condescended and agreed by and betweene the said parties to these presents That if the said Hugh Merricke and Hugh 〈◊〉 or either of them shal directly or indirectly giue or contract to giue to any person or persons any money or rew●●d more then the Fine and rent agreed vpon which shal be expressed in this present demise Except the fee to the Clarke for engrossing this present demise that then he the said Hugh Merrick and Hugh 〈◊〉 shall haue their foresaide pipe and branch cut off and the Officer to loose his place that taketh or consenteth to the taking and receiuing any such reward And lastlie the said Hugh Middleton for him his heires and assignes doth further couenant promise and grant to and with the said Hugh Merrick and Hugh 〈◊〉 by this presents that if the said Hugh Merrick and Hugh 〈◊〉 or either of them shall happen to be vnserued with water into their pipe through the default of the saide Hugh Middelton by reason of any ●●…t or impediment in ●●e maine pipe and shall not be amended noth in one weeke after notice giuen Then it shall be lawfull for the said Hugh Merrick and Hugh 〈◊〉 to detaine and keepe to their owne vs●… the next quarters rent and alwaies after till the fault be amended without any forfeiture of the said demise or grant made to the s●●●… Hugh Merrick and Hugh 〈◊〉 aforesaid In witnes whereof the parties to these presents haue interchangeably put to their hands and seales the day and yeare 〈…〉 ●●oue written Hugh Myd 〈…〉 n