(Lancashire Record Office DDHe 76/4)

This Indenture made the fifth day of November in the year of our Lord one thousand seven hundred and twenty six Between Thomas Hesketh of Rufford in the County of Lancaster Esquire of the one part and John Mercer of Harwood magna in the said County yeoman on the other part wittnesseth that the said Thomas Hesketh for and in consideration of the surrendering and delivered up to be cancelled a former indenture of Lease heretofore made of the previes (?) herein after mentioned wherein two lives are yet in being and of the sume of Fourty pounds of lawfull Britsih money to him in hand at and before the sealing and delivery of these presents well and truly paid by the said John Mercer the receipt whereof is hereby acknowledged and for other considerations hereunto moveing he the said Thomas Hesketh hath demised leased set (?) and to farm better and by these presents doth demise lease set and to farm let unto the said John Mercer All that messuage and tenement the inheritance of the said Thomas Hesketh situate lyeing and being in Great Harwood aforesaid and the severall closes and parcells of land thereunto belonging and therewith enjoyed lyeing and being in Great Harwood aforesaid and hereinafter particularly mencioned that is to say the Great feild, Carr, Moss lee Calf Croft Great meadow little hey Spout feild meadow paddock and the round feild or by what other name or names the same or any of them now are is or have been called and known containeing in all thirty three acres of land of the measure there used or thereabouts be the same more or less late in possession of Edward Mercer deceased and now of the said John Mercer his assignes or undertennants and all houses outhouses buildings barns stables yards orchards gardens ways waters watercourses liberties easments proffitts comons comon of pasture and Turbary only dureing the noniclosure thereof and not otherwise comodities advantages and heredittaments thereunto belonging. Except and out of these presents allways excepted and reserved unto the said Thomas Hesketh his heirs and assignes all mynes delves and timber trees now or hereafter to be standing growing or being within and upon the same or any part thereof with free liberty for him and them to fell sack for digg take bank and carry the same away and to take in stint and enclose the commons and waste lands in Great harwood aforesaid at his and their wills and pleasure To have and to hold the said messuage tenement and premises with their and every of their appurtenances except before excepted unto the said John Mercer his heirs and assignes from the makeing hereof For and during the naturall and severall life and lives of Edward Mercer son of the said John Mercer aged about fifteen years Thurstan Feilden aged about sixty years and Myles Whitacre son of Thomas Whitacre of Symonstone aged about twenty three years and for and during the life naturall of the survivor and longest liver of them yeilding and paying therfore yearley during the said tern unto the said Thomas Hesketh his heirs and assignes the annuall and accustomed rent of one pound ten shillings of lawfull money in and upon the feast days of pentecost and Saint Martin the Bishop in winter by even and equall porcions and also doeing and performing the usuall and accustomed boons duties and services due and payable for the same or paying the sume of ten shillings in money in lieu thereof and such other duties and services as other tennants in Harwood do for such a tenement of such like rent and the keeping and providing for one hound or Cock when thereunto required by the said Thomas Hesketh his heirs or assigns provided allways and these presents are upon condition that if the said yearly rent of one pound ten shillings or any the money in lieu of boons or any part thereof to be behind and unpaid in part or in all by the space of ten days next after either of the feast days whereon the same ought to be paid tho' the same be not lawfully demanded Or that he the said John Mercer his heirs or assignes shall or will at any time do commit permmit or wittingly and willingly suffer to be done and commited any wast spoils or destruction in and upon the said demised premises or any part thereof other than in the geting of Marle or clay or erecting any new buildings for the bettering and amendment thereof Or shall grant alien or Exchange the said demised premises or any part thereof to or with any person or persons whatsoever with the lycence and consent of the said Thomas Hesketh his heirs or asignes under his or their hands in writing in that case for that purpose first thereunto had and Obtained that then and from thence forth in any the cases aforesaid it shall and in may be lawfull to and for the said Thomas Hesketh his heirs and assignes into the said demises premises wholly to re-enter and the same to have again repose of and enjoy as in his or their former right and estate anything herein before contained to the contrary notwithstanding And the said John mercer doth for himself his heirs and assinges covenant promise and grant to and with the said Thomas Hesketh his heirs and assignes by the presents in manner following that he the said John Mercer his heirs and assignes shall and will yearly dureing the said hereby demised term well and truly pay unto the said Thomas Hesketh his heirs and assignes the said yearly rent above referred in and upon the days and times and in manner and form above expressed and allso pay and bear his and their proportion of all leys taxes and assesments with other tenements of the said Thomas Hesketh in Great Harwood aforesaid that shall or may be taxed or imposed upon the hall and Demesne lands of Martholme within Great Harwood aforesaid by parliament or otherwise at any time during the said hereby demised from and allso shall and will grind or cause to be ground all the corn and grain that shall or may yearly be spent upon the said messuage and tenement at the Mill called Martholme Mill or pay the whole toll or mulcture for all such corn malt and grain that he or they shall grind at any other mill or mills without just cause to be ass______ and allowed of for default thereof and furthermore that he the said John Mercer his heirs and assignes shall and will from time to time and at all times dureing the said hereby demised term well and sufficiently repair uphold amend maintain and keep every and singular the said messuage tenement and premises with the hedges fences yates and stiles of and belonging thereunto in by and with all and all mannner of needfull and necessary repairs when and as often occasion shall require and the same in Such good sufficient and tennantable repair at the end expiration or other sooner determination of the said hereby granted term unto (into?) the said Thomas Hesketh his heirs and assignes shall and will peaceably and quietly leave and yeild up And the said Thomas Hesketh doth for himself his heirs and assignes covenant promise and agree to and with the said John mercer his heirs and assignes by these presents that by and under payment of the rent and boons and performance of the covenants and agreement on the part and belalf of the said John Mercer his heirs and assignes to be paid done and performed in manner as before mencioned It shall and may be lawfull to and for the said John Mercer his heirs and assignes the said messuage tenement and premises with the ______ Except before excepted to have hold possess and enjoy for and during the said hereby demised term without any the let interupcion or denyall of the said Thomas Hesketh his heirs and assignes or any person or persons claiming by from or under him and the said Thomas Hesketh hath constituted and made and by those presents doth constitute and make Alexander Radcliffe his true and lawfull attorney for him and in his name place and stead to enter into and upon the said demises messuages tenement and premises and possession and seizin thereof in the name of the whole to take and have and after the same _______ and taken the like quiet and peaceable possession and seizin to give and deliver over unto the said John Mercer or to his certain attorney thereto lawfull authorized to hold to him his heirs and assignes for and during the said hereby demised term according to the true intent and meaning thereof. In wittness whereof the said parties to these presents their hand and seals have Interchangeabley but the day and year first above written.
John Marcer
(his signature and seal)