| Description | Indenture. Grant of the Swan mark 'Used and knowne by the name of the Crescent and Garter' and the 'Game of Swans' belonging to the corporation, to Samuel Fox for 21 years at annual rent of 'Three brace of fatt signetts of the best and largest sorts'. At the expiration of the lease Fox promised to deliver 16 white swans back to the Borough so that the borough's game could be maintained into the future. The deed is in the form of a mortgage. It includes (a) a drawing of the swan mark itself and (b) mention of an earlier deed of 31 March 1664 between the Burrough and the Earl of Sandwich (who was the Royal Master of the Swans).
Draft transcript [by AA, 12 September 2022]:
This Indenture made the five & twentie day of August in the yeare of the Reigne of our Souraigne Lord Charles the Second by the Grace of God of England Scottland France & Ireland King defender of the faith etc: the sixteenth Annoque Domini 1664
Betweene the Baliffs Assistants & Commonaletie of the Burrough of Gumecester alias Godmanchester in the County of Huntingdon on the one parte And Samuell ffox of Godmanchester in the County of Hunt aforesaid Gent: one the other parte
Witnesseth yt the said Baliffs Assistants & Commonalitie for divers gode Causes & Confiderations them thereunto moveinge As alsoe for & in the Consideration of the Rent Payment & other Covenants Articles & Agreements hereafter in and by these presents mentoned and reserved
have demised granted sett and to ffarme lett and by these presents doe demise grante sett and to farme lett unto the said Samuel ffox his Executors & Assignas All that theire swann marke used & knowne by the name of the Crescent & Garter as the same is pictured described in the margene hereof & all the profitte & commodities ariseinge & increaseinge from the same, together with all and singuler there Game of Swanns & Cignetts whatsoever that are or shall appeare arise or be within the Rivers, Creekes, Pooles and waters in the Counties of Bedford, Huntingdon, Cambridge & the Isle of Ely or else where within the Kingdome of England, And also the ffree use & Libertie of their sd swann marke belonging to the sd Burrough Knowne by the name of the Crecent & Garter also Crecent & Barr as aforesaid or by whatsoever other name or names the Same is or hath bene distinguished knowne or Caled, together with all and singuler the Proffitts Advantages liberties, privilledges, muniments [?] & Jurisdictions whatsoever which of Right belongeth or Appertaineth to the marke and game aforesaid & all & singuler the product profit and Commodities which from time to time & at all & every time & times shall may or Can arise increase exceed and grow due for & by the same,
to have hold & injoye the aforesaide Swann marke & Game of Swanns with all & Singuler the product increase profits Advantages liberties prevelidges muniments [?] & Jurisdictions unto the Same belongeinge or in any wise appertayneinge unto the sd Samuel ffox his Executors Administrators and Assignes from the day of the date of these presents for & during the terme of one & Twentye years from thence next & imeadiatly ensueinge & fully to be Compleate & ended
yielding referreinge delivering & in the name of a rent Paying therefore yearely and every yeare dureinge that aforesaid terme unto the Baliffs of the Burrough aforesaid for the time being or to one of them to the use of the aforesaid Baliffs Assistants & Commonalitie of the said Burrough at or upon the One & Twentieth daye of December next before the Nativitie of Our Saviour Christ Commonly Caled Christmas Day at or in the Court Hallyard in Godmanchester aforesaid Three Brace of fatt Cignetts of the Best and largest Sorte And if it shall soe happen that the sd Three brace of Cignetts or Any of them to be behind and unpaid or nott delivered as aforesaid That then the said Samuell ffox his Executors and Assignes shall for every default soe to be made, forfeite pay and deliver Recommine Pense [recompense], unto the sd Baliffs of the Burrough aforesd for the time beinge or to one of them to the use of the Baliffs Assistants and Commonalitie one Brace of Good Cignetts over and above the three Brace to be payed & delivered yearely as aforesaid
And likewise that the said Samuell ffox his Executors and assignes shall and will at the Expiration of this presente demise and lease, give a good accompt of leame [?] upon the Rivers and waters aforesd & yield up unto the Baliffs for the Burrough aforesd for the time then beinge, to the use of the Baliffs Assistants and Commonaletie of the said Burrough Sixtene white Swanns marked with the aforesd swann marke, Belonginge to the Burrough aforesaid
And the sd Baliffs Assistants and Commonalitie doe for them and theire Successors Covenant Grante, Conclude, & Agree to and with the sd Samuell ffox his Executors Adm’s & Assignes that it shall and may be lawfull for him the said Samuell his Executors Administrators & Assignes & his & there deputy & deputies imeadiatly from the date of this present demise, By & under the Covenants herein Conteyned to enter upon the aforesd Swann marke & Game of Swanns that shall be found to be or arise upon the sd marke or game belonging to the Said Burrough, and the Same to have take possess use & dispose of at his or theire own ffree wils & pleasures
And likewise the Sd Baliffs Assistants & Commonalitie doe for them and there successors Covenant & agree to and with the said Samuel ffox his Executors or Assignes that the Baliffs for the time beinge shall & will yearely and every yeare dureinge the sd terme of One & twenty years Pay and dishcharge unto the said Samuell ffox his Executors or Assignes the yearely ffee of Twentie Shillings of Lawfull English money at one Entire Payment at & upon the aforesd one and Twentieth day of December next before the nativity of our Saviour Christ, Commonly Called Christmas day, And also shall and will Allow unto him the Sd Samuell ffox dureinge the terme of this present demise All that piece & parcel of Meadow and leayes Commonly Caled Swannherds ffee with the Lopp and crop of the willows thereupon growing & being on which shall be there upon standing growing or being durenge the terme aforeSd with all other its Appurtenances thereunto belonging or in any wise Appertaineing
And ffurther the said Baliffs Assistants and or Commonalitie for them and theire Successors doe hereby Assigne & set over unto the sd Samuell ffox his Executors Administrators & Assignes all that benefit & Advantage that may be had or attained by virtue of one Covenant Conteyned in payre of Indentures bearing date the one & thirteth day of March in the yeare of the Reigne of our Sovraigne Lord Charles the Second by the Grace of God of England Scottland France & Ireland King Defender of the ffaith etc: the sixteenth And in the yeare of our Lord One Thousand Six Hundred Sixtie & Foure, made between the Baliffs Assistants & Commonalitie of the Burrough of Gumecester alias Godmanchester in the County of Huntingdon one the one parte And the Right honourable Edward Earle of Sandwich of the other parte wherein among other things it is thus incerted & Covenanted (viz.)
That he the sd Edward Earle of Sandwich his Executors & Assignes shall and will at all times during the term or One and thirty years find & provide one small boate firme And tite, of Burden sufficient to Carry two men and twenty swans & to be in readiness with one Experienced Rower having Rudder and blades nessessary to row & Carry the swannherd or his deputy for the time beinge for the Game of swanns & Swann marke for the Burrough and Corporation of Godmanchester & to helpe to Attend him to up and marke Swanns at all times & in all places where & when the swannherd shall have Occasion to marke upp, Pitt or relieve the sd swanns, or in breeding time or drawing time to raise preserve or Amend theire nests winter or summer & in Case of deniall or refuseall in the name of the sd Corporation & at theire proper Costs and Charges in the Law to sue for & by all legall meanes to Obteyne, As by the sd Covenant Conteyned in the sd resited Indenture Relaton [?] there unto beinge had, more playnely and Largely it doth and may Appeare. And the sd Samuell ffox for the considerations aforesd for himselfe his Executors Adminstrators & Assignes doth Covenant, grant promise & agree to and with the sd Baliffs Assistants & Commonalitie & theire Successors that he sd Samuell ffox his Executors Adminsitrators & Assignes shall and will pay and deliver unto the sd Baliffs Assistants and Commonalitie yearrely and every yeare dureinge the terme aforesd at the time and place before Specified the aforesd three Brace of Cignitts, and alsoe shall and will at the end & expiration of this present demise and lease yeild up and deliver unto the Baliffs of the Burrough afresd for the time beinge to the use of the Baliffs Assistants and Commonalitie of the said Burrough sixteene white swanns marked with the aforesd swann marke belongeing to the Burrough aforesd, the same to be and remaine as a breeding flocke of swanns for and to the only use & behoofe of the sd Baliffs Assistanst and Commonalitie
In witness whereof to one parte of these present Indentures remaining which the said Bayliffes Assistants and Commonalty the said Samuell ffox hath sett to his hand & seale And to the other parte remaining which the said Samuell ffox the said Bayliffes Assistants Commonalty have sett to the Common Seale of the Burrow the day & yeare first above written.
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