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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.