U838/T135 (3rd Document of 3)
This Indenture made the Twentieth Day of December in the Twelfth yeare of
the reigne of Our Sovereign Lord William the third by the grace of God of
England & Scotland ffrance and Ireland King Defender of the ffaith or Anno
Dm 1700 Betweene Barbara Iden of Bersted in the
County of Kent Widdow of the one part and John Durtnall of Leedes in the said
County of Kent husbondman and Edward Durtnall of ffrinsted in the said County
husbondman of the other part Witnesseth that the said Barbara Iden for and in Consideracon of the
yearly rent and Covenants herein aftermenconed and reserved and on the part and
behalfe of the said John Durtnall and Edward Durtnall theire Executrs.
and Adndstratrs. To bee paid done and
pformed Hath demised lett and to
ffarme letten And by these prsents doth demise lett and ffarme lett
unto the said John Durtnall and Edward Durtnall All that Messuage or tenement with the
barne Stable Close Orchard Cherry Garden and severall peeces or parcels of Land
arrable and pasture thereunto belonging Conteyning in the whole by estimacon
Thirty acres more or less with the appurtenucs Situate lyeing and being in the
parish of ffrinsted aforesaid in the said County of Kent and late in the
occupacon of John Batcheller deceased his Assignee or Assignes Except and alwaies reserved and
saved out of this psentLease unto the said Barbara Iden her heires and Assignes
all and all manner of timber and timber trees the bodies of all pollards and
all young trees likely to prove to bee timber now standing groweing or being or
which att any time hereafter shall or may stand growe or bee in and uppon the
lands and prmisses hereby demised or uppon any part or parcell
thereof with free liberty license and authority to and for her and them with servants
and workmen from time to time and att all times seasonable to enter and goe
pass and repass into unto uppon and from the said demised prmisses
aswell to view search and see the defects of the repaires and the usage thereof
and to repaire and amend the same in such sorte and manner as herein after is
menconed and expressed to bee done As alsoe to fell cutt downe cutt out And
with horses cartes and carriages or by any other usuall wayes or meanes
whatsoever to take have and beare away the said timber and trees att her and
theire wills and pleasures during the continuance of the terme of yeares hereby
granted To
have and to hold the said Messuage Barne Stable Close Orchard Cherry Garden
Lands and prmisses with theire and every of theire appurtenncs (Except
before excepted) unto the said John Durtnall and Edward Durtnall theire Executrs
Adndstratrs and Assignes from the feast day of St Michael the
Archangell last past before the date of these prsents unto the full
end and terme of Seaven yeares from theme next ensueing and fully to bee
compleate and ended Yielding and paying therefore yearly and evy yeare during the said
terme unto the said Barbara Iden her heires or Assignes the full rent or sume
of Tenn poundes of lawfull English money att two the most usuall ffeastes or
dayes of payment of rent in the yeare (That is to say) The ffeast day of the
Annunciacon of the blessed virgin Mary and St Michael the Archangell att or in
the now dwelling house of her the said Barbara One couple of good pulletts or young
henns sometime betweene Christmas and Candlemas yearly and evy yeare during the
said terme And
if it
shall happen the said yearly rent or sume of Tenn poundes or any part thereof
Shalbe behinde and unpaid or the said pulletts or henns bee not delivered by
the time and space of one and twenty dayes next after the same ought to bee
paid and delivered as aforesaid That then in either of the said cases it shall and amy
bee lawfull unto and for the said Barbara Iden her heires or Assignes or any of
them into the before letten messuage Lands or prmisses or into any
part thereof in the name of the whole wholly to reenter and the same to have
againe repossess and enjoy as in her and theire first and former estate or
estates And them the said John Durtnall and Edward Durtnall and either of them
theire and either of theire Executrs and Adndstratrs and
evy of them out of and from the same utterly to expell amove and putt out any
thing in these prsents before conteyned to the contrary thereof in
any wise notwithstanding And whereas one peece or parcell of the Lands hereby demised
conteyning by estimacon thereof ffive acres or thereabouts is lately sowed or
layed downe with Sansoine als Cinque ffoile If therefore the same doe prove
kindely and bee likely to beare reasonable good Cropps in the Judgement of two
men One whereof to bee chosen by the said Barbara Iden her heires or Assignes
and the other by the said John Durtnall and Edward Durtnall theire Executrs
Adndstratrs and Assignes uppon a viewe thereof to bee taken and had
att two yeares end after the Commencement of this prsent Lease That then the said John
Durtnall and Edward Durtnall or one of them theire or one of theire Executrs
Adndstratrs and Assignes shall and will alsoe pay or cause to bee
paid unto the said Barbara Iden he heires or Assignes yearly and avy yeare over
and above the yearly rent before reserved and Att the dayes times and place
appointed for paymt. thereof the full sume of ffive poundes by the
Acre for every Acre which they the said Johns Durtnall and Edward Durtnall or
either of them theire or either of theire Executrs Adndstratrs
and Assignes Shall or doe in any time or times afterwards plough sowe digg
breake upp or convert into tillage during the said terme of the said peece or
parcell of Land herein last menconed to be sowed or laid downe with Sansoine
and conteyning ffive Acres or thereabouts as aforesd. And alsoe for
every acre of the aforesaid Cherry Garden which they or any of them shall or
doe plough sowe digg breake upp or convert into tillage att anytime during the
said terme And soe proporconably for every greater or lesser quantity thereof
then an acre and for every time that they or any of them shall soe Eare plough
sowe digg breake upp or convert into tillage the said two peeces or parcells of
Land last menconed or either of them or any part or parcell of them during the
said terme as aforesaid And alsoe that they the said John Durtnall and Edward Durtnall theire
and either of theire Executrs Adndstratrs and Assignes
shall and will from time to time and att all times hereafter to the best of
theire power prserve and keepe all and singuler the Apple trees pear
trees and wallnutt trees now standing growing or being mand (?) uppon the Lands
and prmisses hereby before demised from all wilfull hurt and spoyle
of Cattell or otherwise howsoever during the said terme And shall and will from
time to time as aforesaid in good husbandlike manner Carry out Lay spend spread
and bestowe all the dung sullage and Compost that shall yearly arise m..rease? or bee made of the Corne graine and ffodder groweing
or to growe uppon the Lands hereby letten in and uppon some part thereof where
most need shall bee and occasion require during the said terme And shall not
and will not give sell or otherwise dispose of the same or any part thereof And further that they the said John
Durtnall and Edward Durtnall or one of them theire or one of theire Executrs
Adndstratrs and Assignes shall and will at the end of the said terme
of yeares hereby granted leave ffive acres parcell of the Lands hereby demised
in ffallow twice ploughed according to good husbandry for a season to sowe
wheat uppon on paine and forfeiture of Tenn poundes to bee paid to the said
Barbara Iden her heires or Assignes within three months next after the
expiracon of the said terme in Case such ffive acres of ffallow bee not left as
aforesaid And further alsoe that they the said John Durtnall and Edward Durtnall
or one of them theire or one of theire Executrs Adndstratrs
and Assignes shall and will well and sufficiently repaire amend and new make
Cleanse scowre and keepe all and singuler the Gates Stiles hedges ditches and
other the ffemes (?) of and belonging to the Lands and prmisses
hereby demised from time to time when and soe often as need shall require
during the said terme And in the end of the said terme shall leave them
togeather with the glass windowes belonging to the said prmisses
tithe and in good tenantlike repaire And the said Barbara Iden for herself
her heires Executrs Adndstratrs and Assignes and for
every of them doth Covenant punse (?) and grant to and with the said John
Durtnall and Edward Durtnall and either of them theire Executrs and Adndstratrs
and every of them by these prsents That she the said Barbara Iden
her heires or Assignes shall and will on or before the (inserted above –
twentieth day of June) next ensuing after the date hereof att her and theire
owne propoer Cost and Charges make or cause to bee made a good and new
sufficient plank ffloore in the Barne hereby before demised And shall and will alsoe from time
to time att her and theire like Cost and Charges when and soe often as need
shalbee and occasion require within two moneths time next after every notice in
that behalfe to bee given to her or them of any default or defect of the
repaires of the prmisses well and and sufficiently repaire amend
maintaine and keepe the aforesaide Messuage Barne Stable and buildings hereby
demised to the said Lands and prmisses belonging in by and with all
manner of needfull and necessary repairacons and amendments whatsover during
the said terme They the said John Durtnall and Edward Durtnall theire Exetrs
Adndstratrs and Assignes finding and allowing sufficient wheat
strawe for the thatching of the same If such straw bee then and there to bee
had uppon the said prmisses and not otherwise And alsoe paying and
allowing for Seaven dayes hire or workmanshipp of a Thatcher during the said
terme In
witness whereof
the said pties to these prsent Indentures of Lease have
interchangeably sett theire hands and seals the day and yeare first above
written
John Durtnall Edward Durtnall
his 
mke his 
mke
Endorsed:
Mich 1700
The Lease to John &
Edward Durtnall
Forty yeares of my
ffarme in ffrinsted
In pencil, very
faint:
Mrs Barbary Iden ?? of ????? Lease
7 yeares of N??? and of Way? f???ll??
of Land
Frinsted
There are two
earlier documents relating to this land:
1.
23
Sep 1685. Richard Iden, Gent, of Berestead sold the land (& other land in
Bearstead) to John Allen, Gent, of Maydestone, for one year, for five
shillings. Tne 30 acres of land was then in the occupation of John Batchelor.
2.
25
Aug 1665. Indenture between James Iden the Elder of Bearsted and Richard Iden
the Younger son of the said James. The 30 acres was then in the occupation of
William Lord and was defined as:
Cutting and bounding to the Kings Highway there
towards the East and South
To the lands of (blank) ffinch towards the West
To the lands of Thomas Thatcher towards the North
Also in the same
bundle is a document (U838/T134) dated 10 Jul 1794. This is a 21 year Lease
from William Newman of Barling, Gent to Thomas Alexander and Lydia his mother,
of 25 acres in Frinsted known as Lords Hill. This lease bears a strong
resemblance to the wording of the earlier ones, including the reserved rights
to timber. This may have been common wording, but it may also be that the land
leased to John & Edward Durtnall was Lords Hill.