Reference NumberSGC XV.26.6
TitleMembury, Devon. Lease of manor.
Date20 February 1576
DescriptionLease by the Dean and Canons of Windsor to William Fry, Nicholas Fry, Hugh Culme and Rychard Willoughby, gentlemen. After reciting: (1) the Lease to William Dodington dated 2 May 1569 [XV.26.4]; (2) a deed dated 17 November 1575, whereby, in consideration of a sum paid to him by Edward Fry, William Chase, Rychard Knight, James Smith, Tristram Hackham of Harlford the elder, John Brooke, Thomas Bowedge, Richard Newbery, John Hutchins, Walter eston, Richard Tanner, John Knight, Robert Turner, Richard Samson, Trystram Harvy, Robert Harvy, Henry Eston, James Pires, Richard Hill, William Newbery, John Loringe, William Mawndefelde, Robert Denninge, Thomas Lane, Tristram Smith, John Hackham, William Smithe, John Lockyer, William Shegge, William Robins and George Collman (tenants and copyholders of the Manor of Membury) William Dodyngton assigned the unexpired term of the Lease of 2 May 1569 to William Fry; and (3) a deed dated 16 February 1576 whereby William Fry surrendered the then unexpired term of the Lease to the Dean and Canons; the Dean and Canons demised to William Fry, Nicholas Fry, Hugh Culme and Richard Willoughby their manor of Membury with all its rights and appurtenances for the term of fifty years from Michaelmas 1575, at the yearly rent of £37 12s. 8d., payable by two instalments at Lady Day and Michaelmas in each year. Covenants by the Lessees: (i) that after such estates as Walter Chase and others then had in the scite of the Manor of Membury and certain of the demesne lands belonging thereto should have been determined, the Lessees would maintain and keep in repair the scite of the Manor and all buildings thereon and all mounds, fences and enclosures thereof, during the then unexpired term and would deliver the same up duly repaired at the end of the term, taking from the demised premises sufficient timber and haybote therefor; (ii) to pay all quitrents and other charges, both ordinary and extraordinary, due in respect of the demised premises; (iii) to provide board and lodging for the Lessors' Steward and other officers, their servants and horses and geldings, for two days and three nights once in each year upon their visiting the demised premises and staying so long there; (iv) not to expel any copyholders until such time that the estate of such copyholder shall have been determined or surrendered or forfeited, nor expel any tenant in possession or reversion who should have a grant by copy of the court roll of the land known as Synderlande or Overland unless forfeited or surrendered by such tenant. Covenants by the Lessors: (i) for quiet enjoyment, with the right to take and fell the woods and underwoods of the demised premises (other than stackells and storers which were to be left standing); and (iii) to maintain any actions the Lessees might take in the names of the Lessors concerning the premises at the cost of the Lessees. Further covenants by the Lessees: (i) that the Lessees would fell the woods and underwoods of the demised premises at such seasonable times of the year that the springs thereof would increase the wood and should leave sufficient stackells and storers as appointed by law; and to fence and enclose the same according to the same law such that the springs should not be damaged by cattle(ii) to keep all courts held on the Manor, and in any copy granted out of the same, as farmers to the Lessors; (iii) to to cause the court books of all such courts to be engrossed on parchment and to deliver the same to the Lessors within one year after the keeping of such court, and within five years thereof to cause to be made a terrier of the lands, meadows and pastures and other hereditaments of the Manor and within one year thereof to deliver the same to the Lessors and within three years of the end of the term to make a similar extent or terrier of the copyholds, with the acreage thereof and the lands known as Synderlande and Overlande and the acreage thereof and to deliver the same to the Lessors within one year thereof; (iv) if the Lessees should alienate the demised premises (other than the customary lands by copy of the court roll in accordance with the custom of the manor) then the alienee should within one year thereof pay to the Lessors the sum of £4 on every such alienation and one pound to the Chapter Clerk. Provided that if the rent or any part thereof should have remained unpaid for six weeks after having become payable, then the Lessees should forfeit to the Lessors for every such default the sum of £5 as a penalty. Provided also that if the rent or any part thereof or the penalty of £5 should have remained unpaid for six weeks after any such penalty forfeited and unpaid then the Lessors might re-enter and repossess the demised premises and expel the Lessees therefrom. Provided also that if the sum of £4 payable to the Lessors, or the sum of one pound payable to the Chapter Clerk, within one year of any alienation shall remain unpaid for one year after such alienation, the Lessees should forfeit and pay to the Lessors the sum of £5, in addition to the sums of £4 and one pound, within one year of the penalty forfeited, in default whereof they should pay to the Lessors in addition to all such sums the sum of £10. Countepart.
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