HRO 49M 68/169

This Indenture made the thirtieth day of May in the thirty third year of the reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth and in the year of Our Lord, God One thousand Seven Hundred and Sixty between WILLIAM DRAPER of Froyle in the County of Southton Esquire of the one part and ADAM BLUNDEN of Froyle aforesaid husbandman of the other part Witnesseth that for and in consideration of the yearly rents and covenants hereinafter reserved and contained on the lessees part and behalf to be paid done and performed by the said WILLIAM DRAPER hath demised and granted and to farm letters and by these presents doth demise grant and to farm lett unto the said ADAM BLUNDEN all that messuage tenement or dwelling house formerly in the possession of THOMAS HEATH and now of him the said ADAM BLUNDEN situate in Froyle aforesaid with the orchard gateroom and appurtenances thereunto belonging and also all that one other orchard in Froyle aforesaid formerly in the tenure of JOHN STEVENS and then of the said THOMAS HEATH and now of him the said ADAM BLUNDEN and also two barns two gaterooms with the outhouses edifices and buildings thereunto belonging together with the several closes and parcels of arable meadow and pasture land hereinafter particularly mentioned containing in the whole by estimation one hundred and ten acres be the same more or less that is to say one close called Quarry Close containing by estimation eight acres one other close called Bristow Hanger containing by estimation five acres Broad Mead containing by estimation eight acres and an half Great Southfield containing by estimation eight acres in the commonfield called Comb field seventeen acres lying dispersedly in four pieces (to wit) one piece upon Steeple Hill butting to the Custom four acres one other piece part of the Custom six acres and an half one other piece part of ten acres butting to Cole Harbour six acres and one other piece butting to Smalland Dean half an acre In the Commonfield called Cox field fourteen acres lying in two pieces (to wit) one piece part of the Custom twelve acres and the other piece butting to Lime Kiln Close two acres In the Common field called Burrowfield fourteen acres lying in two pieces (to wit) one piece being part of Drew Close eleven acres and the other piece by the Dell three acres In Fern Reed nine acres one piddle late of JANE HAWKINS containing by estimation three acres In the Close called Great Common Close twelve acres and two closes late JOHNSONS containing by estimation ten acres which said two barns two gaterooms and the several lands last above mentioned are situate lying and being in Froyle aforesaid and formerly were in the tenure possession or occupation of JOHN STEVENS and then of THOMAS REA TH but now of him the said ADAM BLUNDEN his assigns or assigns and also all that barn and stable of the said WILLIAM DRAPER lately erected with the gateroom thereunto belonging together with the several closes or parcels of arable meadow or pasture ground hereinafter mentioned containing in the whole by estimation sixty acres by the same more or less That is to say three closes or parcels of land formerly but one close called Pond Close containing by estimation eight acres Three other closes of ancient arable land containing by estimation nine acres and an half Three little meadows containing by estimation three acres and an half and thirty nine acres of land lying dispersedly in the Common fields of Froyle aforesaid herinafter mentioned (that is to say) In Combfield nine acres and an half lying dispersedly in six pieces (to wit) one piece near Cookspiece one acre and other piece near Newhams Spring one acre one other piece near the same place half an acre one other piece butting to late THOMAS HALLs meadow one acre one other piece upon Steeple Hill by the lane three acres and one other piece called Small and Dean three acres In Cox field thirteen acres and an half lying dispersedly in twelve pieces (to wit) one piece butting to Farmer HEATHs Long four acres One acre and an half one other piece turning out upon Farmer HEATHs Long four acres two acres one other piece called the Five Bushell Hilst - - - one acre one other piece upon Locggshill half an acre One other piece butting to New Close and near Reed Close one acre One other piece butting to New Close and near New Close Corner one acre One other piece at New Close Corner half an acre One other piece called the Round acre one acre One other piece upon Hurst butting to the Round acre half an acre one other piece butting to Silvesters Hurst piece one acre and an half One other piece by the Common Lane upon Hurst two acres and an half and one other piece near the way that goes up Hurst Hill half an acre In Burrowfield thirteen acres and an half lying dispersedly in eight pieces (to wit) one piece upon Reed by Reed Close one acre One other piece butting to Bonhams Ground two acres One other piece called the Rainbow acre one acre One other piece called the White Ditch five acres One other piece that goes across the way that goes to New Close two acres One other piece by late Forders half an acre one acre One other piece hear the field Gate half an acre and one other piece butting to Hill Close one acre and in Berrylands six acres and an half which said Barn Stable Gateroom and sixty acres of land last mentioned are also situate lying and being in Froyle aforesaid and late were in the tenure of the said THOMAS HEATH but now of him the said ADAM BLUNDEN his assign or assigns And also all great and parsonage tythes and tenths issuing or which shall issue out of all or any the premises aforesaid and all and all manner of Common privileges advantages ways waters easements profits emoluments and appurtenances whatsoever to the said premises or any of them belonging or in any wise appurtaining (except and always reserved out of these present lease unto the said WILLIAM DRAPER his heirs and assigns all and all manner of timber trees fruit trees and other trees and all trees likely to be timber trees now standing growing and being and which hereafter shall stand grow and be upon the said leased premises or on any part thereof with free liberty of ingress egress and regress at all seasonable times in the year to and for the said WILLIAM DRAPER his heirs and assigns with his and their workmen teams carts carriages and other instruments to fell grub up cut down transport take cart and carry away the same and every part thereof during the continuance of the term of this present lease and also except and reserved unto the said WILLIAM DRAPER his heirs and assigns the Royalty and privilege of hawking hunting fishing and fowling on the said leased premises and on every part thereof with his and their friends and servants at the pleasure of the said WILLIAM DRAPER his heirs and assigns at any time during the term hereinafter granted To have and To Hold the said messuage tenement or dwelling house orchards barns lands and all singular other the premises before hereby leased or mentioned or intended to be leased with their and every of their appurtenances (excepted before excepted) unto the said ADAM BLUNDEN his Exors and Admins from the feast day of St Michael the Archangel last past before the date hereof for by and during and unto the full end of the term of Nine years from thence forth next ensuing and fully to be complete and ended Yielding and paying yearly and every year during the said term unto the said WILLIAM DRAPER his heirs and assigns for the several lands tenements and premises hereby leased the several rents and at the respective time and in such manner as hereinafter mentioned (that is to say) for the orchard formerly in the tenure of JOHN STEVENS the yearly rent or sum of five pounds and ten shillings of lawful money of Great Britain on the feasts of the Annunciation of the Blessed Lady St Mary the Virgin and St Michael the Archangel by even and equal portions and yielding and paying for the two barns gaterooms and one hundred and ten acres of land abovementioned to have been formerly in the tenure and possession or occupation of JOHN STEVENS and then of THOMAS HEATH but now of the said ADAM BLUNDEN his assign or assigns the yearly rent or sum of seventy five pounds and four shillings - - - - of lawful money of Great Britain on the said feastdays of the Annunciation of the Blessed Lady St Mary and St Michael the Archangel by even and equal portions And also yielding and paying for the barn and stable newly erected and all other the said above leased lands with the appurtenances also in the possession of ADAM BLUNDEN his assign or assigns the yearly rent or sum of forty five pounds eight shillings and six pence of like money on the feast days of the Annunciation of the Blessed Lady St Mary and St Michael the Archangel by even and equal portions And also yielding and paying unto the said WILLIAM DRAPER his heirs and assigns for every acre of Commonfield land hereby demised that shall during the said term be enclosed by the said WILLIAM DRAPER his heirs and assigns the yearly rent of five shillings by the acre and so in proportion for a greater or lesser quantity for and as an increase of rent from the time of such enclosure during the residue of the said term at the said two feasts above mentioned and by such equal proportions and in such manner as is hereinbefore mentioned and appointed for the payment of the other money or Rents before by these presents reserved and the said ADAM BLUNDEN for himself his exors and admins and for every of them doth covenant promise grant and agree to and with the said WILLIAM DRAPER his heirs and assigns by these presents in manner and form following (that is to say) that he the said ADAM BLUNDEN his exors and admins and assigns of such or one of them shall and will well and truly pay or cause to be paid unto the said WILLIAM DRAPER his heirs or assigns the above respective reserved yearly rents of five pounds ten shillings seventy five pounds four shillings and forty five pounds eight shillings and six pence in good and lawful money of Great Britain on the days and in manner and form as before hereby severally appointed for payment thereof during the term aforesaid And also that he the said ADAM BLUNDEN his exors and admins and assigns shall and will yearly and every year during the said term on the day of payment of Rents above reserved well and truly pay or cause to be paid to the said WILLIAM DRAPER his heirs and assigns as an increase of rent the sum of three pounds of lawful money of Great Britain by even and equal portions for every acre of meadow ground hereby leased that shall be ploughed eared sewed delved digged up or anyways converted into tillage by him the said ADAM BLUNDEN his exors admins or assigns during the said term and so proportionably for any greater or lesser quantity thereof and that he the said ADAM BLUNDEN his exors admins and assigns shall and will from time to time and at all times during the said term at his and their own costs and charges when and as often as need shall require well and sufficiently repair maintained uphold amend and keep in good repair the messuage or tenement barns stables and all other the buildings hereby leased and all the gates pales posts barrs styles railes hedges ditches mounds bounds and fences belonging to the premises aforesaid and or every part thereof casualties by fire and tempest only excepted he the said WILLIAM DRAPER his heirs and assigns allowing upon reasonable request rough timber on the stem in Froyle aforesaid for the doing the roof and also shall and will scour and cleanse all the ditches and water courses and preserve maintain and keep all the hedges hedgerows and fences of and belonging to the said premises from all hurt and spoil of cattle And the said messuage or tenement and premises and every part thereof so well and sufficiently repaired maintained upheld scoured cleansed and kept in good repair (casualties as aforesaid only excepted) at the end or sooner determination of this present lease shall and will quietly and peaceable leave and yield up unto the hands and possession of the said WILLIAM DRAPER his heirs and assigns together with the standard nominated on the back of these presents and also that the said ADAM BLUNDEN his exors admins and assigns at his and their like costs and charges shall and will from time to time and at all times during the said term well and truly bear pay and discharge all rates taxes charges and payments that shall be charged on or become due from the said premises or any of them (except such taxes only as now are or hereafter shall be granted by Act or Acts of Parliament or landlords to pay which said parliament Taxes are to be paid or allowed by the said WILLIAM DRAPER his heirs and assigns And also that he the said ADAM BLUNDEN his exors admins and assigns shall and will from time to time during the said term house ingrange and lay all the corn grain hay and pulse that shall grow or be upon the said leased premises or and of them in the said barns hereby leased or in or upon some other part of the same premises save only such hay as shall yearly grow on the three little Meadows parcel of the hereby leased premises above mentioned which said hay and none other it is agreed that the said ADAM BLUNDEN his exors and admins shall or may dispose of at pleasure during the saik term and all other the Hay Straw Halm and fodder thereof yearly accruing shall and will use and spend on the said premises and shall yearly in good husbandlike manner lay bestow and dispose of all the compost soil and dung that shall there yearly increase and be upon the same premises and not elsewhere during the said term and shall at the end of the said term leave all the soil and dung that shall be there made in the last year of the said term in the gaterooms aforesaid or on some other part of the said premises for the use of the said WILLIAM DRAPER his heirs and assigns and also shall and will leave unploughed and unsown the last year of the said term which shall then be fit for a wheat laine to be sowed with wheat at the wheat season in the same year Eighteen acres parcel of the premises above mentioned formerly in the tenure of JOHN STEVENS and seventeen acres more parcel of the premises formerly in the possession of the said THOMAS HEATH and shall suffer and permit the said WILLIAM DRAPER his heirs and assigns at any time after the first day of January in the said last year ……… with his horses and also peaceably and quietly with workmen teams ploughs and other instruments to enter and come into the said gaterooms and upon the lands in the Commonfield and after the tenth day of May in the last year of the said term on1he enclosed lands (and house room for a succeeding tenement) so to be left unploughed as aforesaid To plow prepare sow dress and finish the said wheat season without any let or molestation whatsoever And that the said ADAM BLUNDEN his exors admins or assigns shall not nor will at any time during the said term commit or suffer any waste on the said leased premises or any of them nor cut down lop top or shred or suffer to be spoiled or cropped by any manner of cattle any timber trees, young heirs shoots or saplings likely to be timber trees growing or being or which hereafter during this lease shall grow or be on the said premises nor lop or top any tree or trees whatsoever that have not been usually lopt and topt and unless the shoots thereof be full ten years in growth without the licence of the said WILLIAM DRAPER his heirs or assigns And also in case the said WILLIAM DRAPER his heirs and assigns shall at any time during the said term be minded to take into his hands any part of the hereby leased premises to plant the same with hops and of such intention do give notice to the said ADAM BLUNDEN his exors or admins that then he or they shall permit and suffer the said WILLIAM DRAPER his heirs and assigns peaceably and quietly so to do he and they abating out of the yearly rents above reserved unto the said ADAM BLUNDEN his exors and admins so much money yearly as such lands so to be planted with hops shall be esteemed worth be the year by two men to be chosen differently between the said parties to judge of and determining the value thereof And also that the said ADAM BLUNDEN his exors admins or assigns or some of them their or some of their his or their family or servants for preserving the Right of the said WILLIAM DRAPER his heirs and assigns to the seats of the Parish Chursh of Froyle properly belonging to and enjoyed with the premises hereby leased shall and when and as often as they frequent the said Church in time of Divine Service constantly set or place themselves in the seat or seats there wherein the former owners or occupiers of the premises aforesaid have been used and accustomed to set and place themselves as in right of the said lands and premises And the said WILLIAM DRAPER for himself his heirs exors and admins doth covenant promise and grant to with said ADAM BLUNDEN his exors and admins by these presents in manner following (that is to say) that he the said WILLIAM DRAPER his heirs and assigns shall and will yearly and every year during the said term give and allow gratis unto the said ADAM BLUNDEN his exors or admins in Froyle aforesaid Rodds for making the hedge of the abovementioned orchard late JOHN STEVENS when need requires And also that the said ADAM BLUNDEN his exors and admins paying the several and respective rents above reserved and performing and keeping all and every the covenants and agreements before herein contained on his and their part and behalf to be paid performed and kept shall or lawfully may peacably and quietly have hold and enjoy the hereby leased premises and every of them with their appurts (except before excepted) during all the Term of Nine Years hereby granted And it is hereby agreed by and between all the said parties that notwithstanding these presents or anything herein contained to the contrary he the said WILLIAM DRAPER his heirs and assigns shall and may in the last year of the said term sow what grass seed he or they please with the lent corn which shall be sown that year And it is hereby also agreed that he the said ADAM BLUNDEN his exors admins and assigns shall and may have convenient houseroom and stable room the Barns and Gaterooms parcel of the said premises until the first day of May next after the expiration of the said Term for his and their more convenient threshing and carrying out his and their corn spreading the straw halm and fodder thereof on the premises and leaving the soil and dung therewith to be made in the said gaterooms for the use of the said WILLIAM DRAPER his heirs or assigns without any lawful let or interruption whatsoever PROVIDED always that if it shall happen the said yearly rents of Five pounds and ten shillings Seventy five pounds and four shillings and Forty five pounds eight shillings and six pence or any of them shall be behind and unpaid in part or in all after any of these said feast days whereon the same ought to be paid as above by the space of three months or if any the covenants grants articles and agreements before herein contained on the lessees part and behalf to be observed performed and kept shall not be well and truly observed performed and kept or if the said ADAM BLUNDEN his exors or admins do and shall at any time or times during the said term let set demise assign over or otherwise part with the messuage lands tenements and heriditaments hereby leased or any part or parcel there or to any person or persons for any time or term whatsoever without the special licence of him the said WILLIAM DRAPER his heirs or assigns in writing under hand and seal in that behalf first had and obtained that then and in any the said cases from henceforth it shall and may be lawful to and for the said WILLIAM DRAPER his heirs and assigns and every or any of them in the said messuage or tenement lands and premises or any part thereof in1lle name of the whole wholly to reenter and the said ADAM BLUNDEN his exors admins and assigns and every of them from the same utterly to amove expell and put out and the said messuage lands and other the premises and every part with the appurts to have again repossess and enjoy and in his and their first and former estate and right and these presents wholly to avoid anything herein before contained to the contrary in any wise notwithstanding In Witness whereof the said parties have hereunto interchangeably set their hands and seals the day and year first above written

A Schedule of the standards to which the within Lease referreth unto

In the Kitchen Two Corner Seats
In the Cellar One Shelf
In the Middle Loft Two Gammon

Be it Remembered that before the executing the written Lease it is agreed that the premises within mentioned are not in repair and that the said WILLIAM DRAPER his heirs and assigns are to put the said premises in repair and keep them so during the term within mentioned notwithstanding the covenant within mentioned to the contrary And in any case Damage should happen to the said ADAM BLUNDEN his exors admins for want of having the repairs done after twenty days notice in writing left at the dwelling house of him the said WILLIAM DRAPER his heirs and assigns of what is wanting to be repaired he the said WILLIAM DRAPER for himself his heirs and assigns doth covenant to pay and allow for such Damage to be valued by two indifferent men one to be chosen by each party as witness our hands

Witnesses                                                                                WILLIAM DRAPER
JAMES SIMBURY                                                                ADAM BLUNDEN
EDMUND PI TTMAN

Sealed and delivered (being first duly stamped) In the presence of the several erasures and interlinsation being first made

                                                                                                JAMES SIMBURY
EDMUND PITTMAN

                                                                                                30 May 1760

WILLIAM DRAPER Esq      )
To                                )                       Counterpart of a Lease for 9 years
Mr ADAM BLUNDEN         )