This Indenture made the eighth day of November in the year of our Lord Christ one thousand seven hundred & fifty between the Right Honourable George Lord Abergavenny of the one part, and John Cooke of the parish of Goytrey in the County of Monmouth Gent of the other part, Witnesseth, That he the said Lord Abergavenny, for and in consideration of the sume of four pounds and ten shillings of lawfull British money to him paid by the said John Cooke at or before the execution of these presents the receipt whereof the said Lord Abergavenny doth hereby acknowledge for I in the name of a fine & for & in consideration of the rents covenants services & agreements hereinafter mentioned on the lessees part to be paid done & performed, hath demised, granted, and to farm let; And by these presents doth demise, grant, and to farm let, unto the said John Cooke all that parcell of ground long since enclosed from the wast & called Tyre Lowarth containing about sixteen acres (be the same more or less) together with a barn or beast house thereto belonging (all which said premisses are scituate lyeing & being within the parish of Mamhilad in the said County & … by lease bearing date the sixth day of December one thousand & seven hundred demised to William Morgan then of Lanover bailiffe for three lives … which lease is lately expired)
Except and always reserved out of this present demise unto the said Lord Abergavenny, his heirs and assigns, all and all manner of timber, wood, and trees of every sort and kind, tellows, mines and quarries of stone, coal, oar, and all other metals and minerals whatsoever, now standing, growing, being or found, or which shall hereafter be, stand, grow, or be found, in or upon the said demised premises, or any part thereof, with free liberty to and for the said Lord Abergavenny, his heirs and assigns, and his and their servants, agents and workman, at all times, to fell, cut down, coal, charr, dig for and carry away, all such trees, wood, mines and quarries of stone, oar, coal, and other metal and minerals, by such ways and means as they shall respectively think fit and proper, and at his and their free will and pleasure.
To have and to hold, all and singular the said premisses with their appurtenances (except as herein before excepted) unto the said John Cooke his heirs and assigns from the twenty ninth day of September last for and dureing the naturall lives of the said John Cooke, Cecilia his wife & John their son aged eighteen years and the life of the longest liver of them, Yielding and paying therefore yearly and every year, during the said term, unto the said Lord Abergavenny, his heirs and assigns, the rent and sum of six shillings of lawful money of Great Britain, without any deduction for or in respect of any manner of taxes, assessments, or other matter whatsoever, at the four most usual Feasts or days of payment of rent in the year (that is to say) the twenty fifth day of March, the twenty fourth day of June, the twenty ninth day of September, and the twenty fifth day of December, by equal portions, the first payment thereof to be made on the feast of the Annunciation of the Blessed Virgin Mary next ensuing: And also yielding and paying unto the said Lord Abergavenny, his heirs and assigns the sum of five shillings of like lawfull money for and in the name of an herriot, at the death of each person abovenamed, by whose life the said premisses are as aforesaid held: And also the like sum of five shillings at the alienation of the said premisses; and also doing suit and service to the Court of the said Lord Abergavenny, when thereto required. Provided nevertheless, that the said John Cooke his heirs and assigns shall not nor will erect or build, or cause or suffer to be erected or built, any other or more house or houses on the said demised premisses, nor shall not nor will sell or assign this present Indenture of demise, or part with the estate or interest in the said premisses, without the consent in writing, under the hand and seal of the said Lord Abergavenny, his heirs and assigns, or his and their steward or agent, in that behalf duly authorized, first had and obtained:
Nor shall not nor will do, or cause or suffer to be done, on or near the said demised premisses, any act, project or contrivance whatsoever, or keep any goats or other mischievous animal, whereby the same premisses, or any other of the estate of the said Lord Abergavenny, his heirs and assigns, or his or their tenants, may be in any ways prejudiced, damaged or lessened, in the yearly value thereof, respectively or otherwise howsoever: And if it shall happen that the said yearly rent or sum of six shillings herein before mentioned, or any part thereof, shall be behind or unpaid, by the space of fifteen days next after any of the feast days on which the same ought to be paid as aforesaid (being lawfully demanded) or if the said sum of made payable as aforesaid, in the name of an herriot, at the death of every person respectively, by whose whole life the said premisses are as aforesaid held, shall be behind and unpaid respectively to the said Lord Abergavenny, his heirs and assigns, or to his or their steward or agent, for the time being, by the space of six months next after any of the times on which the same ought respectively to be paid (without any demand being thereof made), or if any breach of any of the covenants or agreements herein contained, on the lessees part and behalf, shall at any time or times be made, done or suffered, that then, and in every such case, it shall and may be lawfull to and for the said Lord Abergavenny, his heirs and assigns, into the said premisses to re-enter, and the same to have again, re-possess and enjoy, as in his or their former estate, any thing herein before contained to the contrary thereof in any wise notwithstanding: And the said Lord Abergavenny doth hereby authorize, and in his place put and depute Fulford Morgan, Philip Powell & Philip Lewis to be his lawful attorneys or attorney, jointly or severally, for him, and in his name, to enter into and upon the said demised premisses, or any part thereof, in the name of the whole; and to give livery and seisin thereof unto the said John Cooke or his assigns. Ratifying, allowing and confirming all and whatsoever the said attorneys or either of them shall lawfully do in the premisses.
In witness whereof, the parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written. Jno Cooke
Sealed and delivered in the presence of J? Phillips of Lower Hilston; Theo? Morgan
(On the cover of the document)
Counterpart lease from the Rt Hon’ble Lord Abergavenny to Mr John Cooke of lands in Mamhilad for 3 lives.
Dated 8th Nov 1750
Fine 4 10 0
Rent 0 6 0
Herriott 0 5 0
NOTE: There are several holes in the original document. DW
NOTE: I have used a pro forma for the above. This was copied from a printed pro forma dated 1768. DW