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Lease From St. Thomas' Hospital to Thomas Crux
for Court Lodge, and Aldelose (New Barn Farm.)Dated: 10th September 1678
[note that this is a transcription of a typed account of the document, and
there is very little in the way of punctuation.]THIS INDENTURE made the Tenth Day of September Anno Dni 1678 And in the
Thirtieth yeare of the Raigne of our Soveraigne Lord Charles the Second
By the grace of God of England Scotland France and Ireland King
Defender of the Faith etc.
BETWEENE the Maior and Cominalty and Cittyzens of the Citty of London Governors of the
possessions revenues and goods of the Hospitalls of Edward late King of England
and the Sixte of Christ Bridewell and St. Thomas Th'apostle of the one part
Thomas Crux of Hastingleigh in the County of Kent Gentleman of the other part
WITNESSETH That for and in consideration of the sum of Three Hundred pounds of lawfull
money of England to the said Maior and Cominalty and Cittyzens Governors aforesaid
in hand before th'ensealing hereof well and truly paid And in consideration of
the Rent and Covenants herein mentioned and comprized They the said Maior and Cominalty
and Cittyzens Governors aforesaid HAVE demised graunted and to farm letten And by these
presents Doe demise graunt and to farm lett unto the said Thomas Crux ALL that the scite
of the Mannor of Hastingleigh aforesaid otherwise called Hastingleigh Court Lodge in the
County of Kent aforesaid And all that the scite of the Mannor of Aldelose in the parish
of Hastingleigh aforesaid And all houses edifices barnes stables outhouses yards
orchards gardens lands meadows pastures easements commons comodities and
appurtenances whatsoever to or with the said scites of the Mannors or either of them
belonging used demised or enjoyed
[And all that parcel of ground lately purchased of John Bull with the barn thereupon]
now in the tenure or occupation of the said Thomas Crux or his undertenant or undertenants
EXCEPT and alwaies reserved out of this present lease and demise unto the said Maior and
Cominalty and Cittizens Governors aforesaid and their successors All manner of courts suits
services wayfes estraies herryots releifes escheats fines amerciaments and all other
perquisitts and profitts of courts whatsoever to the said Mannors or either of them
belonging or in any wise appertainingAnd alsoe all woods underwoods timber and trees now
or hereafter standing growing and being in or upon the said premises or any part thereof
Together with free way and passage for men with horses carts and carriages for the felling
and carrying away the said woods underwoods and trees at all times meet and convenient
during the term hereunder graunted TO HAVE AND TO HOLD the said scites of the said Mannors
and all the other premisses in and by these presents mentioned or intended to be demised
with th'appurtenances (except before excepted) unto the said Thomas Crux his executors
administrators and assigns from the feast day of St. Michael Th'archangel which was in the
yeare of our Lord One Thousand Six Hundred Threescore and Seven unto the full end and terme
of Twenty and One years from thence next ensuing and fully to be complete and
ended YEILDING AND PAYING therefore yearely during the said terme unto the said Maior and
Cominalty and Cittizens Governors aforesaid and their successors or to their Rentgatherer
officer or assigns to the use of the said hospital of St. Thomas Th'apostle at or in the
Compting house thereof situate in Southwarke in the County of Surrey the yearely rent or
sum of fifty pounds and tenn shillings of lawfull money of England at two feasts
or termes in the yeare (that is to say) at the feasts of Th'annunciation of the Blessed
Virgin Mary and St. Michaell Th'archangell or within forty daies next after every of the
said feast daies by even and equall portionsAnd the said Thomas Crux for himselfe his executors administrators and assigns doth covenant
and graunt by these presents to and with the said Maior and Cominalty and Cittizens Governors
aforesaid and their successors in manner following (that is to say)
That he the said Thomas Crux his executors administrators and assigns
at his and their owne cost and charges shall and will well and sufficiently repaire
sustain and report make scoure amend and maintaine as well all the houses and buildings as all
the hedges diches pales gates railes fences and inclosures of and upon the demised premisses
in by and with all manner if needfull and necessary repairations whatsoever from time to time
as often and whenas need shall require during the terme aforesaid or at the furthest within
six monthes next after warning given for the doing thereof and in the end or other sooner
determination of this present lease and demise (Which first shall happen) shall and will leave
and yield upp the said demised premisses unto the said Maior and Cominalty and Cittizens Governors
aforesaid and their successors well and sufficiently repaired supported sustained paled clensed
fensed and amended together with all doores lockes keies bolts glasses and glazed windows and
other necessaries whatsoever now or hereafter fixed or fastened unto the said premisses or any
part thereof whole and undefaced And alsoe that he the said Thomas Crux his administrators
executors and assigns at his and their owne like costs and charges shall and will from time to
time after every felling of the woods or underwoods before excepted (the same being once fenced
and inclosed by such person or persons as shall buy the said woods or underwoods) well and
sufficiently maintaine and keepe the said hedges ditches fences and inclosures and the springs
of the said woods and under woods shall and will preserve from hurt by catell or otherwise during
the terme aforesaidAND further that it shall and may be lawfull to and for the said Maior and
Cominalty and Cittizens Governors aforesaid and their successors and to and for their Steward
Rentgatherer officer and assigns once every yeare during the terme aforesaid to enter and come
into and upon the said demised premisses as well as keep courts there and to survey the same as
to view and see the state of the repairations of the same and that at every such time and their
owne costs and charges shall and will provide find and freely give within the said Court Lodge
of Hastingleigh aforesaid unto the said Governors Steward officers and servants competent and
sufficient meat drinke lodging and entertainment and meat and provinder for their horses for
and during two daies and two nights togetherAnd moreover that hee the said Thomas Crux his
executors administrators and assigns shall and will every yeare during the terme aforesaid collect
and receive all rents of assize and other rents and duties and seize all waifs estraies and other
casualties belonging to or happening within or upon the Mannors aforesaid which he of they may
lawfully gett or come by without suite in law and of the said rents of assize and other rents
and dutees shall make a true accompte and payment unto the said Maior and Cominalty and Cittizens
Governors aforesaid and their successors Rentgatherer officer or assigns in and at the compting
house aforesaid yearely at the feast of St. Michael Th'archangel or within forty daies after
without fraud or delayAnd of the said waifes estraies and other casualties shall alsoe make a true accompte
and payment unto the said Maior and Cominalty and Cittizens Governors aforesaid and
their successors Rentgatherer officer or assigns at every next court after there to be
holden AND lastly that he the said Thomas Crux his executors administrators and assigns
shall and will from time to time during the terme aforesaid maintaine and keepe most
commonly inhabiting and abiding in and upon the premisses the number of eight persons
at the least uprising and down lying that shall keep hospitality there
AND The said Maior and Cominalty and Cittizens Governors aforesaid doe covenant and
grant for them and their successors to and with the said Thomas Crux his executors
administrators and assigns by these presents in manner and forme following (that is to
say) That it shall and may be lawfull to and for the said Thomas Crux his executors
administrators and assigns to have and take from time to time as often as need shall
require during the terme aforesaid competent and sufficient rough timber upon the said
premises by the assignment of the said Maior and Cominalty and Citizens Governors aforesaid
and their successors or assigns within convenient time next after request in that behalfe
to be made for the necessary repairations of the houses and buildings posts pales gates
bridges and railes of the said premisses and alsoe competent and sufficient ploughboot
cartboot etherboot Stakeboot and fireboot to be used and spent in and upon the said
premises and not elsewhere without assignment
And alsoe that the said Thomas Crux his executors administrators and assigns shall or
lawfully may peaceably and quietly have hold possesse and enjoy all and every the said
demised premisses with appurtenances (except before excepted) for and during all the foresaid
terme of twenty and one years without any lawfull lett suite trouble expultion eviction or
interruption of or by the said Maior and Cominalty and Cittizens Governors aforesaid or
their successors or of or by any other person or persons by their act meanes title consent
or procurement PROVIDED alwaies That if the foresaid yearely rent shall not be well and
truly paid according to the reservation aforesaid or if the repairations of the premisses
shall not be made and donne from time to time according to the tenor of these presents or
if all assignments of this present lease and all meane leases of the said premisses shall not
be made to the Clerke of the said Hospitall of St. Thomas Th'apostle for the time being the said
Clerke taking reasonable fees for the doing thereof That then and from thenceforth it shall
and may be lawfull to and for the said Maior and Cominalty and Cittizens Governors aforesaid
and their successors or to their Rentgatherer officer or assigns in their name and to their
use into the said demised premisses wholly to re-enter and the same to have againe retaine
and repossess as in their former estate anything herein contained to the contrary thereof in
any wise notwithstandingIN WITNESS whereof to the one part of these present indentures with
the said Thomas Crux remaining the said Maior and Cominalty and Cittizens Governors aforesaid
have caused their common seale to be putt and to the other part of them with the said Maior
and Cominalty and Cittizens Governors aforesaid remaining the said Thomas Crux hath sett his
hand and seale the day and yeare first above written.
Signed by Thomas Crux. Seal tag but no seal remains. ..
[my thanks to M&D Rust of Hastingleigh for supplying their typed account of this indenture]
Glossary |
Amerciaments=
a penalty applied by a court or other authority but not a penalty pre-determined by law. |
Appurtenances=
a right or a property incidental to the main property or rights of the manorial estate |
Cartboot=
the right to collect wood from the manorial land to mend or build carts. |
Cominalty=
comunity |
Compting
house=
counting house or accounting house where business finances are managed |
Demise=
Land on a manorial estate reserved for the Lord of the Manor's own personal use and not for use by tennants |
Easements=
a right of way or public footpath for use by people other than those on the manorial estate |
Escheats=
property that reverted to the ownership of the crown when no legal heirs or claimants exited |
Estraies=
an animal of unknown origins, found on manorial land |
Etherboot=
|
Fines=
a fair setlement of a law suit over land ownership |
Fireboot=
the right to collect wood from the manorial land to fuel fires. |
Herryots /
Heriots=
death duties from free tenants usually paid in the form of best animal or best possessions or tools. |
Maior=
Mayor of London |
Pales=
an area enclosed by fencing |
Ploughboots=
the right to collect wood from the manorial land to mend or build ploughs. |
Perquisitts /
perquisit=
a profit received in addition to a salary but not as an occasional bonus but a regular profit by rights |
Releifs=
a payment made to the Lord of the Manor by the heirs to a deceased tennant, to enable them to continue living and working the deceased tennants business. |
Stakeboot=
the right to collect wood from the manorial land to mend or build fence posts. |
Wayfes / waifes
/ waifs=
a lost item, an abandoned young animal or child |