Reference NumberSGC XV.26.9
TitleMembury, Devon. Lease of manor.
Date15 July 1664
DescriptionLease by the Dean and Canons of Windsor to Sir George Carteret, knight and baronet, Privy Councillor and Vice-Chamberlain of the King's Household of the Manor of Membury with its appurtenances (except and reserved to the Lessors: (1) the mansion house and scite of the manor of Membury then in the occupation of John Chase, gentleman; (2) a parcel of land on which a house had then lately been built called the Lords Fillet, then in the occupation of Thomas Reynolds; and (3) a coppice or wood of 12 acres or thereabouts called Boviall Wood, together with the trees of oak, ash and elm on the premises, with rights of ingress, egress and regress to the land to fell the same), for a term of 21 years from Lady Day 1664, at the annual rent of £50, payable by two instalments at Michaelmas and Lady Day in each year. Covenants by the Lessee: (i) to pay, and indemnify the Lessors in respect of, all charges and payments, both ordinary and extraordinary, due in respect of the demised premises; (ii) to indemnify the Lessors in respect of all suits and lawfully enforced compositions concerning the premises by reason of any purchase made from the then late usurped power to any person and to pay all sums awarded to be paid by the Dean and Canons to any such purchaser by the King's Commissioners for Examining Crown and Church Lands or otherwise and to pay all costs and damages concerning the same; (iii) to keep all courts held within the manor as farmers of the Dean and Canons, and to cause the court rolls to be engrossed on parchment and delivered to the Dean and Canons every three years during the term; (iv) within three years to have made and delivered to the Dean and Canons a terrier, survey and rental of the lands of the manor, setting out separately the acreage of the lands, meadows, pasture and woods of the demesne lands from the copyhold lands, as well as the other freehold rents and services of the Manor, having given the Dean and Canons six months prior notice thereof so that they might send someone to be present at the making of such terrier, at the cost of the Lessees; (v) to provide board and lodging for the Dean, Steward and other officers of the Lessors, their servants and horses and geldings, for two nights and two days once in every year if they should visit the demised premises;(vi) not to expel any copyholder or customary tenant until such time as the estate of the same shall be fully determined or rightfully forfeited in law; (vii) not to fell any of the demised woods or underwoods except at fit and seasonable times of the year and that when felling the same to leave upon every acre so many storers, stackels and wavers as required by law; and (viii) that whenever the Lessee should have alienated the demised premises for a term above three years, the alienee should within one year thereof give notice to the Lessors or their Steward for the time being of the name of such alienee and pay the sum of £5 to the Lessors and one pound to the Chapter Clerk for registration of the same. Proviso that if the rent should have remained unpaid for two months after having become payable, the Lessees were liable to pay a penalty of £5 in respect of every such default; and if the rent and the penalty should remain unpaid for four months after the rent should have become payable, or if any assignee should have failed within one year of such alienation to take a new lease in his own name of the demised premises and pay the sums payable to the Lessors or the Chapter Clerk within one year of alienation, then the demise should cease and be determined. Grant by the Lessors to the Lessee and the customary tenants of the manor, upon reasonable request by him or them, to take and fell sufficient rough timber growing on the manor, if it should be there, for the necessary repair of the copyhold messuages or tenements of the manor by appointment of the Lessors' Steward for the time being; and if the Steward should have failed to appoint the same within four months of such request, it was to be lawful for the Lessee or the customary tenants to fell and take sufficient rough timber from the premises committing no voluntary waste, and also take sufficient ploughbote, cartbote, gatebote, stylebote, hedgebote and firebote to be employed on the customary copyhold messuages and cottages of the manor only. Covenant by the Lessors: (i) to make and deliver a new lease to an alienee for as many years as should have been unexpired at the time of such alienation; and (ii) for quiet enjoyment.
Also incomplete draft of the above lease.
Extent2 items - Lease & part draft Lease
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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