them do and duly by these presents for them and their heirs covenant promise and grant to and with the said Brian Burleyson his executors administrators and assigns that they the said Humphrey and Thomas his son or the one of them as or is at the time of the sealing of these presents lawfully seized of and upon the said houses cottages riggs of land ground and premises above mentioned to be hereby demised and of every part thereof with the appurtenances of a good pure perfect absolute and estate in fee simple in the law and have or hath full power and lawful authority to grant and demise the same with the liberty aforesaid unto the said Brian Burleyson his executors administrators and assigns according to the purpose tenor and effect of these presents. And that the said houses cottages riggs of land ground and premises now and so from henceforth during the said term shall be and continue to the said Brian Burleyson his executors administrators and assigns clearly and wholly acquitted compensated and discharged or otherwise the said houses cottages riggs of land ground and premises as the said Brian Burleyson his executors administra-tors and free assigns sufficiently saved and kept harmless of and from the manner of former bargains sales leases gifts entails grants contracts jointly titles of titles of entry conditions condemnations judgements instructions signs for alienation and other such statutes in the nature of statutes rent charges rent.... arrears of rent and of and from all other manner of rights titles charges and encumbrances whatsoever heretofore had made done suffered or occasioned by the Right Honourable Phillip Lord Wharton or Sir Thomas Wharton his son or by the said Humphrey or Thomas or any of them that it shall and may be lawful to and for the said Brian Burleyson his executors administra-tors and assigns from henceforth during the said term quietly and peaceably to have hold occupy possess and enjoy the said houses cottages riggs of land ground and premises with appurtenances without any lawful entry.... trouble eviction molestation hindrance or encumbrance had made or done by the aforesaid Phillip Lord Wharton Thomas his son or the said Humphrey or Thomas or any of them or any other by or under them or preferments AND LASTLY the said Humphrey Wharton and Thomas Wharton his son and either of them do and say by these presents for them their heirs executors and administrators covenant promise and grant to and with the said Brian Burleyson his executors adminis-trators and assigns that they the said Humphrey Wharton and Thomas Wharton his son their heirs and assigns shall and will at all and every time and times hereafter within the space of four years next ensuing after the date hereof make do acknowledge levy suffer and execute or cause to be made done levied suffered and executed all and every such and other act and act thing and things assurance and assurances in the law whatsoever either for the further or better assuring demising and granting of the said houses cottages riggs of land ground and premises with the appurtenances unto the said Brian Burleyson his executors administrators and assigns during all the said term of nine hundred and nine years for the granting and assuring the same with the reversion thereof >>
to him the said Brian Burleyson his heirs and assigns or such other person or persons as he or his heirs shall appoint in fee simple to be charged with the said rent and .... as above is Be it by time or times with proclamation or without proclamation recovery or recoveries with double or single voucher or vouchers deed of feofment to be executed with .... of...deed or deeds enrolment... presented or confirmation with warranty against all as aforesaid or without warranty or by all or any one or more of the same ways or means or otherwise with warranty as foresaid or without warranty as by the said Brian Burleyson his heirs executors administrators or assigns shall be reasonably required at the cost and charges in the law of the said Brian Burleyson his heirs executors adminis-trators or assigns for always that the said Humphrey Wharton and Thomas his son now and their heirs be not forced to travel for the doing thereof further than the city or county of Durham IN WITNESS thereof the parties aforesaid to these present indentures interchangeably have set to their hands and seals the day and year first above written.
Translated by Pam Fidiam and Valerie Portass.
This INDENTURE made the sixth day of October in ye eleventh year of the reign of our sovereign Lord William the third by the Grace of God of England Scotland France and Ireland King, defender of the faith etc. BETWEEN William Hickson of Little Town in the County of Durham, yeoman, and Alice his wife and John Hickson son and heir apparent of the said William of the one part and John White of Tursdale, miller, in the County afoesaid of the other part WITNESSETH that the said William Hickson and Alice his wife and John their son in consid-eration of the sum of five shillings of lawful money of England to them in hand paid by the said John White before the sealing and delivery of these presents the receipt whereof they do hereby acknowledge have demised granted and sold and by these presents do demise grant and sell unto the said John White ALL that his message or tenement and all those his several closes or parcels of ground situate and lying within the and territories of Fishburn hereafter mentioned, that is to say three closes of ground, one only called or known by the name of Park Flatts abutting and bounding upon the lands of Bryan Burleyson of Trimdon in the County of Durham, Gent., on the north And on the lands of Anthony Armstrong of Hart in the said County on the east west and south. And the other close commonly called the Newfall abutting and bounding on a close belonging to Gilbert Trotter called the Fall on the east and north and on the land belong-ing to the said Anthony Armstrong on the east and west and all that the barn or byre thereunto belonging together with all and singular houses edifices build-ings barn byres stables orchards gardens battsides lands arable and not arable meadows feedings pastures common and common of pasture moorland heath woods underwoods trees and the soil and ground of the said woods underwoods trees hedges hedge roots mines and quarries of all sorts ways water watercourses paths passages profits commodities easements advantages emoluments >>