Page:The English Reports v1 1900.pdf/927
XLIII. Item, We article and object to you, the said Dr. Richard Bentley, that you have frequently, since your being Master of the said college, made and caused several leases of estates belonging to the said college to be made and granted to several persons, wherein the price of corn hath been fixed at one certain set rate, for and during the whole term of such lease granted, and a covenant made with such persons, that they should pay their corn rent at one and the same rate and price during the whole term of such leases, as hereafter is mentioned, whereby the whole rent, payable for such estates, hath been reduced to one certain annual sum of money, notwithstanding that it was at all such times objected to by several of the Fellows then present, that such covenants and reservations of abatements were contrary to the true intent and meaning of the statute, and a great diminution of the proper income of the college. Hocque, etc. Et ut supra.
XLIV. Item, We article and object to you, the said Dr. Richard Bentley, that you did, on or about the 28th day of October 1701, make and grant a lease of a tenement, close, pasture, and right of common in Shallow, in the county of Lincoln, part of the estate of the said college, for the term of twenty years, to Charles Firebrass, esq. in which lease a third part of the rent payable for the same, is reserved to be paid in wheat; and did cause or procure a clause or covenant to be inserted in such lease, whereby it was agreed, that it shall and may be lawful for the said Charles Firebrass to defalk and abate, during the whole term of such lease, so much out of the proportion of rent to be paid in money, according to the market price of wheat, as the price of wheat should, on the market days next before such rent should become due and payable, exceed 4s. 8½d. per bushel; and that several leases of the same estate, with the same clauses and covenants therein inserted, have, since the surrender or expiration of the said former lease, been made and granted by your means and procurement to the said Charles Firebrass, esq. and others. Hocque, etc. Et objicimus & articulamur de quolibet alio tempore vel summu, etc. Et ut supra.
XLV. Item, We article and object to you, the said Dr. Richard Bentley, that you did, on or about the 15th day of November 1715, cause or procure a lease of the tythes of corn, belonging to the rectory of Kirby Kendall in Westmoreland, part of the estate of the said college, but bearing date at or about Christmas 1711, to be made and granted to Josiah Lambert for a term of twenty years, in which lease a third part of the rent payable for the said tythes is reserved to be paid in corn, viz. in fifteen quarters of wheat, and 107 quarters of malt; and that you the said Dr. Bentley did cause or procure a covenant to be inserted in such lease, whereby it was and is agreed, that the said Josiah Lambert shall and may, during the whole term of such lease, defalk and abate out of the proportion of rent to be paid in money, according to the market price of corn on the market days next before such rent shall become due and payable, so much money as the price of wheat should exceed £1 13s. and half a farthing per quarter, and so much out of the price of malt as should exceed 12s. 4d. per quarter, whereby you reduced and set the price of wheat to 2s. 10½d. per bushel, and the price of malt to 1s. 6d. per bushel, and not more. Hocque, etc. Et objicimus et articulamur de quibuslibet aliis tempore, valore & summa. Et ut supra.
XLVI. Item, We article and object to you, the said Dr. Richard Bentley, that you did, some time in the year 1724, cause, procure, or suffer the said last-mentioned lease to be renewed and granted to the said Josiah Lambert, with the same covenants and conditions, and with the same powers of defalcation and abatement, as were granted by the said former lease, and a fine of £250 was then had and taken as a consideration for the [230] renewal thereof. Hocque, etc. Et objicimus & articulamur de quolibet alio tempore vel summa, etc. Et ut supra.
XLVII. Item, We article and object to you, the said Dr. Richard Bentley, that on or about the 2d day of November 1714 you did, for and in consideration of a fine of £380 likewise cause or procure a lease to be made and granted to the said Josiah Lambert and others, of the rectory of Aisgarth, in the county of York, also part of the estate of the said college, for the term of twenty years; and the third part of the rent payable by such lease for the same is therein reserved to be paid in corn, viz. one quarter of wheat, and 212 quarters of malt; notwithstanding which, you the said Dr. Bentley did cause or procure a clause or covenant to be inserted in such lease, whereby it was and is agreed, that the said lessees shall and may, during the whole
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