Reference NumberSGC XV.26.16
TitleMembury, Devon. Renewal of lease of manor.
Date23 May 1738
DescriptionLease by the Dean and Canons of Windsor to Rt. Hon. Grace Countess Granville, widow and administratrix of the estate of Rt. Hon. George Lord Cartarett, Baron of Hawes, deceased, (in consideration, inter alia, of the surrender of an earlier Lease) of their Manor of Membury, Devon, and all woods, underwoods, rights, &c., and courts leet, courts baron and copyhold courts and the perquisites of court thereto belonging (except and reserved to the Lessors the mansion house and scite of the Manor of Membury, then or then lately in the occupation of William Tucker, gentleman, and also the piece of land upon which a house had been then lately built called the Lords Villett, then or then lately in the occupation of William Stocker, yeoman, and a coppice or wood containing about 12 acres called Bovialwood and all timber trees of oak, ash and elm thereon, with free liberty of ingress, egress and regress to fell and carry away the same), for a term of 21 years from Lady Day 1738 at the yearly rent of £50, payable by two equal instalments at Michaelmas and Lady Day in each year. Covenants by the Lessee: (i) to pay, and to indemnify the premises and the Lessors in respect of, all charges and payments due in respect of the demised premises; (ii) that as often as she shall keep any leet, law day or court on the Manor to do so as farmer of the Lessors, expressly naming herself as such, and to cause the court rolls thereof to be engrossed on parchment and delivered to the Lessors every three years during the term, and to express therein (in words) the amounts of fines, heriots, and other profits thereof; (iii) that it should be lawful for the Lessors or their appointee to enter and hold a Court of Survey therein; (iv) within three years of the date thereof to make and deliver to the Lessors an extent, terrier, survey and rental of the premises, distinguishing the demesne lands from the customary lands, the acreage of the [arable[ lands, meadow, pasture and woodlands of the demesne and the customary or copyhold lands and the rents and services of the freehold lands, and beforehand to give six months' notice that they might send a person to verify the same and be entertained at the cost of the Lessee; (v) to provide for the Dean, Steward and other officers of the Lessors and their servants board and lodging, and for their horses sufficient stabling and provender, for two nights and two days once in every year upon their visiting Membury; (vi) not to expel any customary or copyhold tenant until his or her estates should have been rightfully forfeited by law; (vii) not to fell or cut any woods or underwoods on the demised premises 'at unfit or unseasonable times' and whenever felled to leave upon every acre so felled as many storers, stackels and wavers as the law required and at every such felling to enclose the same; (viii) upon any alienation of the demised premises or any part thereof for more than three years, the alienee should, within one year of such alienation, give notice thereof to the Lessors or their Steward for the time being and pay to the Lessors' Steward £6 (being £5 to the use of the Lessors and £1 to the Chapter Clerk for registration of the same). If the rent should have remained unpaid for 60 days after having become payable, the Lessee should forfeit to the Lessors a penalty of £5, provided that if the rent and the £5 penalty should have been unpaid for 120 days or if any alienee should have failed within one year of an alienation to take a new Lease, the term should cease and be determined. Grant by the Lessors to the Lessee and her customary or copyhold tenants of sufficient rough timber to be used on the demised premises for the necessary repairs to the copyhold messuages or tenements of the Manor, by assignment and appointment by the Lessors' Steward for the time being upon reasonable request, and upon his refusal or neglect so to appoint such timber within 120 days,the Lessee and the customary or copyhold tenants might fell and take sufficient rough timber, she or they committing no voluntary waste, and also to have sufficient ploughbote, cartbote, gatebote, stylebote, hedgebote and firebote to be used on the demised premises Covenants by the Lessors: (i) to grant a new Lease, at the same rent and upon like terms as the present Lease, for the unexpired number of years of the present Lease when requested by an alienee; and (ii) for quiet enjoyment.
Stamp Duty of 1s. 6d.
Extent1 item
Related MaterialReference numbers: XV.26.9; XV.26.10; XV.26.11; XV.26.12; XV.26.13; XV.26.14; XV.26.15; XV.26.16; XV.26.17
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