Walter Evans 1740

This Indenture made the first day of December in the fourteenth yeare of the Reigne of our Soveraigne Lord George the Second by the Grace of God of Great Britain France and Ireland King defender of the faith and so forth and in the yeare of our Lord one thousand seven hundred and forty between the Right Honourable William Lord Abergavenny of the one part and Walter Evans of Goytree in the County of Monmouth mason of the other part.

Witnesseth that the said Lord Abergavenny for and in consideration of a surrender of a former lease and also of a certaine fine in hand paid and also of the rents covenants and services on the lessees part and behalfe ought to be observed performed fulfilled and kept he the said Lord Abergavenny hath demised granted and to farm letten and by these presence doth demise grant and to farm lett unto the said Walter Evans all that messuage garden and three peices of land containing four acres lying in Goytree aforesaid and late in lease to Jane Pritchard and joyning to the west to the lease lands of John Watkins on all other parts to the waste and highway leading from Uske to Abergavenny.

And also all that scite of an house and all those several peices of land near Pellenny in Goytree aforesaid late in lease to William Jenkin Jones containing three acres adjoyning to the lands of Moses Lowman Gentleman and on all other sides to the waste there except and always reserved out of this present demise unto the said Lord Abergavenny his heirs and assigns all and all manner of timber and timber like trees tellows mines and quarrys of stone ore coale or other mettal or mineral whatsoever now growing being or found or which shall hereafter be 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 servants labourers and workmen to fell cutt down coale digg for and carry away the said trees mines stone ore or other mettal or mineral at his and their free will and pleasure to have and to hold the said demised premisses with their and every of their appurtenances (except as before excepted) unto the said Walter Evans his heirs and assigns for and during the respective lives of him the said Walter Evans, Elizabeth his wife aged twenty five years and Margarett Hugh his wifes sister aged twenty two years and the life of the longest liver of them yielding and paying therefore yearly and every yeare during the said term unto the said Lord Abergavenny his heirs and assigns the rent of five shillings and six pence of lawful money of England without deduction for any manner of taxes whatsoever on the four most usual feasts or days of payment in the yeare (that is to say) the twenty fifth of December, the twenty fifth of March, the twenty fourth of June and the twenty ninth of September by equal portions and the sume of five shillings of like money to be paid by the person that is seized of the premisses as an increase of rent at the death of every person named by whose lives the said premisses are held and doing suit to the Court of the said Lord Abergavenny when thereunto required.

And the said Walter Evans his heirs or assigns shall not nor will not erect or build nor cause nor suffer to be erected or built any other or more house or houses on the premisses hereby demised nor will not alien nor assign the said premisses to any person or persons whatsoever without leave first had and obtained in writing under the hand and seale of the said Lord Abergavenny his heirs or assigns nor shall not nor will not do nor cause or suffer to be done on the said premisses any act project or contrivance whatsoever whereby the same premisses any of the timber or any other of the estate of the said Lord Abergavenny his heirs or assigns or his or their tenants may be any ways prejudiced damaged or lessened in the yearly value or otherwise.

And if it shall happen that the said yearly rent of five shillings and six pence or any part thereof be behind and unpaid to the said Lord Abergavenny his heirs or assigns by the space of fifteen days after any of the said feast days on which the same ought to be paid being lawfully demanded or if the said increase of rent of five shillings to be paid by the person that is seized of the premisses at the death of every person named by whose lives the said premisses are held to witt at the death of the said Walter Evans, Elizabeth his wife and Margarett Hugh sister to the said Elizabeth be behind and unpaid to the said Lord Abergavenny his heirs or assigns or his or their agents or stewards by the space of six months without any demand being made or breach of any of the covenants or agreements herein contained that then and from thenceforth it shall and may be lawfull to and for the said Lord Abergavenny his heirs and assigns into the said premisses to reenter and the same to have againe repossess and enjoy as in his and their first and former estate any thing herein contained to the contrary notwithstanding.

And the said Walter Evans for himself his heirs and assigns and for every of them doth covenant promise and agree to and with the said Lord Abergavenny his heirs and assigns and to and with every of them in manner following (that is to say) that he the said Walter Evans his heirs or assigns shall and will well and truly pay or cause to be paid to the said Lord Abergavenny his heirs and assigns the rent or rents above reserved and on the days and times before herein limitted and appointed to be paid and also shall and will from time to time and at all times during the demise bare pay and discharge all and all manner of taxes impositions and charges which are or shall be imposed on the premisses during the said term and shall and will from time to time and at all times at his and their own proper costs and charges in all things maintaine uphold and keep all and singular the said demised premisses with all needfull and necessary reparations and amendments and at the end expiration or other sooner determination of this demise and grant shall and will leave surrender and yield up the same to the said Lord Abergavenny his heirs and assigns well and sufficiently repaired and fenced and in all respects tenantable and the said Lord Abergavenny doth hereby authorize and in his place putt and depute the Reverend John Day of Abergavenny in the County of Monmouth Gentleman and Thomas Williams of Crickhowell in the County of Brecknock Gentleman to be his lawfull attorneys or attorney joyntly 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 give Livery of Seizin thereof unto the said Walter Evans or his assigns. In witness whereof the said parties to these presents interchangeably their hands and seals have sett the day and yeare first above written.

On the cover of the document:-

1 Dec 1740 Goytree. Abergavenny. Monmouthshire

The counterpart of a lease

William Lord Abergavenny to Walter Evans of Goytree for three lives

Dated the first day of December 1740

Sealed & delivered by the within mentioned Walter Evans (being first duly stampt) in the presence of Juliana Day; John Day

Walter Cecill 1692

This Indenture made the fowerteenth day of September in the yeare of our Lord God according to the computation of the Church of England one thousand six hundred ninety and two betweene the right hono’ble George Lord of Abergavenny of the one part and Walter Cecill of the parish of Llanover in the County of Monmouth gent of the other part. Witnesseth that the said George Lord of Abergavenny for and in consideration of the surrender of a lease bearinge date the five and twentieth day of November in the fower and twentieth yeare of the reigne of King James the first made betweene the right hono’ble Edward Nevill then Lord of Abergavenny and Sr William Sedely of Aylsford in the County of Kent Knight and Baronet of the one part and Bartholomew Springet of the City of Bristoll merchant of the other part of a certaine parcell of land called Alt and Burgum conteyning one hundred acres beinge in the parish of Goytree in the Lordship of Abergavenny formerly part of the Lords wast .

To have and to hold the said hundred acres unto the said Bartholomew dureing the naturall lives of the said Bartholomew William John Morrite of Llanvihangell Pont Mole and Richard Hanbury the son of Philip Hanbury of Trevethin in the sayd County of Monmouth or any such of them longest liveing under the rents covenants and reservations therein conteyned as by the said lease may appeare.

The before named Richard Hanbury living. As alsoe in consideration of the sume of forty pounds of lawfull English money unto him the said Lord George in hand payd as alsoe for the rents covenants and services herein set downe and to bee payd and pformed by the said Walter Cecill his heyers and assignes hath demised graunted and to farme let and by these p’sents doth demise graunt and to farme let and set unto the said Walter Cecill all the said land called Alt & Burgum by meares there well knowne.

And alsoe one other parcell of land called Tyr Gorvith haveing … held by Copy of Court Roll scituate on the mountayne neere the sayd Alt and Burgum conteyning about thirty acres bounded north by the free lands of the said Walter, east to the said Alt, south and west by the said Lords Comon or wast ground. And alsoe about forty acres of the said wast or …ntained ground lying on the east side of the said lands called Tyr Gorvith and adioyning to the said Alt (…? excepted out of this devise all mines of coale, iron oare or other mettalls whatsoever) to have and to hold all and singular the fore demised premises with theire & every of theyre appurtnances (except as in the before excepted) unto the said Walter Cecill his heyres and assignes for & dureing the naturall lives of James Cecill, Walter Cecill and Lary? Cecill sons of Phelip Cecill of Werne Coome in the parish of Llanvetherin in the said County gent and the longest liver of them three yeldinge and payinge there fore yearly dureing the said terme unto the said George Lord of Abergavenny his heires and assignes or to such person or persons to whome the re… or remainder of the premises after his decease shall come or of right appe… the summe of six & thirty shillings and eight pence for Alt Birgam and three shillings fower pence for Tyr Gorvith and the said wast. And alsoe five shillings in the name of a herriot at the death & change of every tenant of the premises or any part thereof. And moreover yelding and payinge one couple of well fatted capons at every the feast of St Thomas thapostle. And the said rent at the feast of St Michael tharchangell & thnuncacon of our blessed Lady St Mary the virgin by equall portions yearly dureing the said terme. And to do sinte? and service every yeare dureing the said terme at the h… Court of Llanv… the sd Lo… of Abergavenny and if it shall happen that ……………………… six and thirty shillings & eight pence for Alt Birgam or three shillings fower pence for Tyr Gorvith and the forty acres of wast to bee behind in part or in the whole by the space of eight & twenty dayes ………………….it ought to bee pd being lawfully demanded that then and from thenceforth this present lease to cease and determine any thinge in this prsents ….. to the contrary notwithstanding and the said Walter Cecill for himself his heyres exors adm’rs & assignes and for every of them doth covenant and graunt to and with the said George Lord of Abergavenny his heyres and assigns and to and with every of them by these presents that the … Walter Cecill his heyres and assignes shall and will at all tymes dureing this demise when & often as need shall require well & sufficiently inclose fence & maintayne the sd Alt & Birgam and Tyr Gorvith in and with …………….. sufficient fences & inclosures and the same soe well and sufficiently fenced and inclosed shall leave …. up at the determination of this lease provided alwayes that it shall and may … lawfull to and …………… of Abergavenny his assignee or assignees at any tyme dureing the sd lives to open any mine of coale ………….. minerall mettall whatsoever with

(On the cover of the document)

Seal’d & dd in the presence of …? Powell; Phillip James; Will Prichard

NOTE: It looks as this document has been attacked by mould – there are black patches of various sizes all over it. Also the bottom of the original is folded up thus hiding the last several lines of text. DW

NOTE: Re the above “24th year of James I” – according to my list of regnal years, James didn’t finish his 23rd year which was 24 Mar 1625 to 27 Mar 1625. Charles I came to the throne 27 Mar 1625. DW

Thomas Hobbes 1792

This Indenture made the twenty ninth day of September in the thirty second year of the Reign of our Sovereign Lord George the third by the grace of God of Great Britain France and Ireland King defender of the faith and so forth and in the year of our Lord one thousand seven hundred and ninety two between the Right Honorable Henry Earl of Abergavenny of the one part and Thomas Hobbes of the town of Monmouth in the County of Monmouth, Doctor of Physick of the other part.

Witnesseth that as well for and in consideration of the sum of twenty five pounds of lawful money of Great Britain by the said Thomas Hobbes to the said Henry Earl of Abergavenny in hand on or before the sealing and delivering of these presents well and truly paid the payment and receipt whereof he the said Henry Earl of Abergavenny hereby admit and acknowledge as also for and in consideration of the yearly rent hereby reserved and of the covenants and agreements herein contained on the part and behalf of the said Thomas Hobbes his heirs executors administrators and assigns to be paid done and performed he the said Henry Earl of Abergavenny hath demised granted and to farm let and by these presents doth demise grant and to farm let unto the said Thomas Hobbes and his heirs during such lives as are herein after mentioned all that piece or parcel of rough pasture and woody land called Cae Susanna containing by estimation about eighteen statute acres situate lying and being in the parish of Goytrey in the said County of Monmouth now in the occupation of Mr Edward Jones having freehold lands of John Capel Hanbury Esquire freehold lands of John Williams and the Old Road leading from Pellennigg towards Rydymyrchon all or most parts and sides thereof except and always reserved out of this demise unto the said Henry Earl of Abergavenny and such person and persons as for the time being shall be entitled to the inheritance freehold or other estate of or in the said hereby demised hereditaments subject to and immediately expectant upon the determination of the lease hereby granted all mines and quarries whatsoever and all and all manner of timber trees and trees likely to become timber and also all coppices woods and underwoods now standing growing or being or which shall or may at any time hereafter during the continuance of this demise stand grow or be in upon within or under the said demised premises or any part thereof with full and free liberty of ingress egress and regress way and passage to and for the said Henry Earl of Abergavenny and such other person and persons as aforesaid and his and their agents servants and workmen with beasts carts and carriages or otherwise at all times in the year to dig root fell cut down lop crop cord char take and carry away the same to have and to hold the said piece or parcel of land and all and singular other the premises herein demises or mentioned or intended so to be with the appurtenances (except as herein before is excepted) unto the said Thomas Hobbes and his heirs for and during the natural lives of him the said Thomas Hobbes now aged about thirty five years, Elizabeth his wife now aged about forty two years and William Morgan one of the sons of William Morgan of the parish of Lanover in the said County of Monmouth farmer now aged about [BLANK] years and the life of the longest liver of them yielding and paying therefore yearly and every year during the continuance of this present lease unto the said Henry Earl of Abergavenny and such person and persons as for the time being shall be entitled to the inheritance freehold or other estate in reversion of and in the said premises so hereby demised as aforesaid subject to and immediately expectant upon the lease hereby granted the yearly rent or sum of four shillings of lawful money of Great Britain free from land tax and all other taxes and deductions whatsoever now imposed or hereafter to be imposed by authority of Parliament or otherwise howsoever at the four most usual feast or days of payment of rent in the year (that is to say) the twenty fifth day of December the twenty fifth day of March the twenty fourth day of June and the twenty ninth day of September in every year by even and equal portions the first payment thereof to begin and to be made on the twenty fifth day of December next ensuing the date hereof and also yielding and paying unto the said Henry Earl of Abergavenny or such person or persons as for the time being shall be so entitled as aforesaid the sum of five shillings for and in the name of an heriot on the death of each of the three persons by whose lives respectively the said premises are hereby demised as aforesaid and also the like sum of five shillings on the alienation of the same premises provided nevertheless that if the said Thomas Hobbes his heirs or assigns do or shall grant demise lease sell assign or part with or from the said hereby demised premises or any part or parcel thereof without the licence or consent in writing under the hand and seal of the said Henry Earl of Abergavenny or such person or persons as for the time being shall be so entitled as aforesaid or his or their steward for the time being of the Manor of Pellennigg in that behalf first had and obtained or shall do or cause or suffer to be done on or near the said hereby demised premises any act project or contrivance whatsoever whereby the same premises or any other of the estates of the said Henry Earl of Abergavenny or of such person or persons as aforesaid or of his or their tenants may be any wise prejudiced damaged or lessened in the yearly value thereof respectively or if the said yearly rent or sum of four shillings hereby reserved or any part thereof shall be behind or unpaid by the space fifteen days next after either of the said feast days on which the same ought to be paid as aforesaid or if the said sum of five shillings herein before reserved and made payable as aforesaid shall be behind or unpaid by the space of six months next after any of the times on which the same ought respectively to be paid or if there shall be any breach of any of the covenants provisoes or agreements herein contained on the lessee’s part and behalf at any time or times then and in every of such cases it shall and may be lawful to and for the said Henry Earl of Abergavenny or such person or persons as shall be entitled in reversion as aforesaid into and upon the said hereby demised premises or any part thereof in the name of the whole to re-enter and the same to have again repossess 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 Thomas Hobbes for himself his heirs executors and administrators doth covenant promise and agree to and with the said Henry Earl of Abergavenny and such person and persons as for the time being shall be so entitled in reversion as aforesaid by these presents in manner following (that is to say) that he the said Thomas Hobbs his heirs executors administrators or assigns shall and will well and truly pay or cause to be paid unto the said Henry Earl of Abergavenny or such person or persons as for the time being shall be so entitled as aforesaid the yearly said rent herein before reserved on the days and times and without deduction and in the manner herein before mentioned and appointed for payment of the same and according to the true intent and meaning of these presents and also that he the said Thomas Hobbes his heirs and assigns shall and will from time to time and at all times during the continuance of this present lease at his and their proper expence well and sufficiently repair amend and keep in repair the gates stiles hedges ditches mounds and fences of and belonging to the said demised premises and the same premises so well and sufficiently repaired amended and kept in repair as aforesaid shall and will peaceably and quietly leave and yield up unto the said Henry Earl of Abergavenny or such person or persons as for the time being shall be so entitled as aforesaid at the expiration or other sooner determination of this present lease. And further that he the said Thomas Hobbes his heirs or assigns shall not nor will during the continuance of this present lease grant demise lease assign or part with or from the said hereby demised premises or any part or parcel thereof to any person or persons whomsoever without the licence or consent in writing under the hand and seal of the said Henry Earl of Abergavenny or such person or persons as aforesaid or of his or their steward for the time being of the said Manor of Pellennigg in that behalf first had and obtained and the said Henry Earl of Abergavenny for himself his heirs executors and administrators and also for such person and persons as for the time being shall be so entitled as aforesaid doth covenant and agree to and with the said Thomas Hobbes his heirs and assigns by these presents that it shall and may be lawful to and for the said Thomas Hobbes his heirs and assigns upon payment of the rent and performance of the covenants provisoes and agreements herein before reserved and contained on his and their parts and behalfs peaceably and quietly to hold and enjoy all and singular the said hereby demised premises without any let denial hinderance or interruption of from or by the said Henry Earl of Abergavenny or such person or persons as for the time being shall be so entitled as aforesaid or any other person or persons whomsoever lawfully claiming or who shall or may lawfully claim from by or under him them or any of them and the said Henry Earl of Abergavenny doth hereby authorize and in his place put and depute Robert Morgan Kinsey of Abergavenny in the said County of Monmouth Gentleman, Lewis Osborne of the same place and William Morgan of Penstair in the parish of Goytrey aforesaid Gentleman his lawful attornies or attorney jointly or severally for him and in his name to enter into and upon the said hereby demised premises or into any part thereof in the name of the whole and to give Livery and Seizin thereof unto the said Thomas Hobbes or to his attorney in that behalf lawfully authorized in order that this present lease may have its due effect.

In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written

On the cover of the document:-

Monmouthshire 29th September 1792

The Earl of Abergavenny to Doctor Hobbes – counterpart of lease of premises in the parish of Goytrey for 3 lives

Fine £25 – 0 – 0

Rent 0 – 4s – 0

Heriot 0 – 5s – 0

To be leased to Capt Bird Nov? 96

Thomas Cooke 1797

This Indenture made the twenty ninth day of September in the year of our Lord one thousand seven hundred and ninety seven between the Right Honorable Henry Earl of Abergavenny of the one part and Thomas Cooke of Clydach Furnace in the parish of Lanelly in the County Brecon Ironmaster of the other part Witnesseth that as well for and in consideration of the sum of five pounds of lawful money of Great Britain by the said Thomas Cooke to the said Henry Earl of Abergavenny in hand on or before the sealing and delivering of these presents well and truly paid the payment and receipt whereof he the said Henry Earl of Abergavenny doth hereby admit and acknowledge as also for and in consideration of the yearly rent thereby reserved and of the covenants and agreements herein contained on the part and behalf of the said Thomas Cooke his heirs executors administrators and assigns to be paid done and performed.

He the said Henry Earl of Abergavenny hath demised and granted and by these presents doth demise and grant unto the said Thomas Cooke and his heirs during such lives as are hereinafter mentioned all that piece or parcel of rough pasture and woody land commonly called and known by the name of Fose y Booch containing by estimation about four customary acres or covers and a half be the same more or less situate lying and being in the parish of Goytrey in the County of Monmouth having lands of the said Earl now held by William Morgan of Penstare, lands of Thomas Wollings, lands of Edward Blewett, called Lase Wern, and a certain road leading from Penstare aforesaid to a place called Pellenigg on all or most parts and sides thereof now in the occupation of John Moses (except and always reserved out of this demise unto the said Henry Earl of Abergavenny and such person and persons as for the time being shall be intitled to the inheritance freehold or other estate of or in the said hereby demised hereditaments subject to and immediately expectant upon the determination of the lease hereby granted all mines and quarries whatsoever and all and all manner of timber trees and trees likely to become timber and also all coppice woods now standing growing or being or which shall or may at any time hereafter during the continuance of this demise stand grow or be in upon within or under the said demised premises or any part thereof with full and free liberty of ingress egress and regress way and passage to and for the said Henry Earl of Abergavenny and such other person and persons as aforesaid and his and their agents servants and workman with beasts carts and carriages or otherwise at all times in the year to dig root fell down lop crop cord char take and carry away the same) to have and to hold the said pieces or parcels of land and all and singular other the premises hereinbefore demised or mentioned or intended so to be with the appurtenances (except as hereinbefore is excepted) unto the said Thomas Cooke and his heirs for and during the natural lives of him the said Thomas Cooke now aged about thirty one years, Elizabeth his wife now aged about twenty eight years and Thomas Cooke their son now aged about BLANK months and the life of the longest liver of them yielding and paying therefore yearly and every year during the continuance of this present lease unto the said Henry Earl of Abergavenny and such person and persons as for the time being shall be intitled to the inheritance freehold or other estate in reversion of and in the said premises so hereby demised as aforesaid subject to and immediately expectant upon the lease hereby granted the yearly rent or sum of two shillings of lawful money of Great Britain free from land tax and all other taxes and deductions whatsoever now imposed or hereafter to be imposed by authority of Parliament or otherwise howsoever at the four most usual feasts or days of payment of rent in the year (that is to say) the twenty fifth day of December, the twenty fifth day of March, the twenty fourth day of June and the twenty ninth day of September in every year by even and equal portions the first payment thereof to begin and to be made on the twenty fifth day of December next ensuing the date hereof and also yielding and paying unto the said Henry Earl of Abergavenny or such person or persons as for the time being shall be so intitled as aforesaid the sum of five shillings for and in the name of an heriot on the death of each of the three persons for whose lives respectively the said premises are hereby demised as aforesaid and also the like sum of five shillings on the alienation of the same premises provided nevertheless that the said Thomas Cooke his heirs or assigns do or shall grant demise lease sell assign part with or from the said hereby demised premises or any part or parcel thereof without the license or consent in writing under the hand and seal of the said Henry Earl of Abergavenny or such person or persons as for the time being shall be so intitled as aforesaid or his or their steward for the time being of the Manor of Pellenigg in that behalf first had and obtained or shall do or cause or suffer to be done on or near the said hereby demised premises any act project or contrivance whatsoever whereby the same premises or any other of the estates of the said Henry Earl of Abergavenny or such persons or persons as aforesaid or of his or their tenants may be in any wise prejudiced damaged or lessened in the yearly value thereof respectively or if the said yearly rent of two shillings hereby reserved or any part thereof shall be behind or unpaid by the space of fifteen days next after either of the said feast days on which the same ought to be paid as aforesaid or if the said sum of five shillings hereinbefore reserved and made payable as aforesaid shall be behind or unpaid by the space of six months next after any of the times on which the same ought respectively to be paid or if there shall be any breach of any of the covenants provisoes or agreements herein contained on the lessees part and behalf at the time or times then and in every of such cases it shall and may be lawful to and for the said Henry Earl of Abergavenny or such person or persons as shall be entitled in reversion as aforesaid into and upon the said hereby demised premises or any part thereof in the name of the whole to reenter and the same to have again repossess and enjoy as in his or their former estate ant thing hereinbefore contained to the contrary thereof in any wise notwithstanding and the said Thomas Cooke for himself his heirs executors and administrators doth hereby covenant promise and agree to and with the said Henry Earl of Abergavenny and such person and persons as for the time being shall be intitled in reversion as aforesaid in manner following (that is to say)

That he the said Thomas Cooke his heirs executors administrators or assigns shall and will well and truly pay or cause to be paid unto the said Henry Earl of Abergavenny or such person or persons as for the time being shall be so intitled as aforesaid the said yearly rent herein before reserved on the days and times and without deductions and in the manner herein before mentioned and appointed for payment of the same and according to the true intent and meaning hereof and also that he the said Thomas Cooke his heirs and assigns shall and will from time to time and at all times during the continuance of this present lease at his and their own proper expence well and sufficiently repair and amend and keep in repair the gates stiles hedges ditches ditches mounds and fences of and belonging to the said demised premises and the same premises so well and sufficiently repaired amended and kept in repair as aforesaid shall and will peaceably and quietly leave and yield up unto the said Henry Earl of Abergavenny or such person or persons as for the time being shall be so intitled as aforesaid at the expiration or other sooner determination of this present lease and further that he the said Thomas Cooke his heirs or assigns shall not nor will during the continuance of this present lease grant demise lease assign or part with or from the said hereby demised premises or any part or parcel thereof to any person or persons whomsoever without the licence or consent in writing under the hand and seal of the said Henry Earl of Abergavenny or such person or persons as aforesaid or of his or their steward for the time being of the said Manor of Pellenigg in that behalf first had and obtained and the said Henry Earl of Abergavenny for himself his heirs executors and administrators and also for such person and persons as for the time being shall be so intitled as aforesaid doth hereby covenant and agree to and with the said Thomas Cooke his heirs and assigns by these presents that it shall and may be lawful to and for the said Thomas Cooke his heirs and assigns upon payment of the rent and performance of the provisoes and agreements herein before reserved and contained on his and their parts and behalfs peaceably and quietly to hold and enjoy all and singular the said hereby demised premises without any let denial hindrance or interruption of from or by the said Henry Earl of Abergavenny or such person or persons as for the time being shall be so entitled as aforesaid or any other person or persons whomsoever lawfully claiming or who shall or may lawfully claim from by or under him them or any of them and the said Henry Earl of Abergavenny doth hereby authorize and in his place put and depute Lewis Osborne of Abergavenny in the County of Monmouth Gentleman and William Morgan of Penstare in the parish of Goytrey aforesaid Gentleman his lawful attornies or attorney jointly or severally for him and in his name to enter into and upon the said hereby demised premises or into any part thereof in the name of the whole and to give livery and seizin thereof unto the said Thomas Cooke or to his attorney in that behalf lawfully authorized in order that this present lease may have its due effect. In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

(On the cover of the document)

Dated 29th September 1797

Abergavenny

The Earl of Abergavenny to Mr Thomas Cooke

Counterpart of Lease of lands in the parish of Goytrey for 3 lives

£sd

Fine 5 0 0

Rent 0 2 0

Heriot 0 5 0

 

…. to be regranted to Mr Owen

William Absolom 1768

William Absalom

 This indenture made this twenty fifth day of June in the year of our Lord Christ one thousand seven hundred and sixty eight Between the Right Honourable George Neville town of Abergavenny of the first part and William Absalom of the parish of Goytrey county of Monmouth yeoman of the other part.

Witnesseth that the said Lord Abergavenny for and in consideration of the surrender of a fine and three pounds paid him by the said William Absalom

All that cott with its appurtenances heretofore in the occupation of David Thomas and since of Roger Reynold now of the said William Absalom together with three parcells of land thereto belonging and known by the name of Grddy y Croft and Wain Fach containing by estimation two acres situate, lying and being in the parish of Goytrey at a certain place called Croes Hoped and as the same premises were heretofore by lease bearing date the 9th day of October 1756 granted to the said Roger Reynold for certain lives therein mentioned

Unto William Absalom his heirs and assigns the 29th day of September last and for and during the natural lives of the said William Absalom aged 36 years , Elizabeth his wife also aged 36 years and Thomas David the son of Thomas David of Mohythusloyn in the said county aged 2 years

Yearly rent of two shillings

Philip Powell, George Jones and William Morgan lawful attorneys for Lord Abergavenny.

Watkins v Evans 1859

Usk Observer – Sat 30 Jul 1859

Pontypool Police Court

[Before Wm Williams Esq and the Rev C A Williams]

“THE UNFORTUNATE PARISH OF GOYTREY.” – WATKINS            v EVANS. Mr Price, Abergavenny appeared for complainant, and Mr Llewellyn, Newport, instructed by Mr Alexander Edwards, for defendant. – Complainant who claims to be the legitimate surveyor of highways for the aforesaid parish applied for a distress warrant for £8 8s 4d against the Rev Thomas Evans, rector of Goytrey, for parochial rates. In stating the case, Mr Price said, that his client Watkins was elected to the office of surveyor for the parish of Goytrey, in March 1858, which he held until March, 1859, when in the ordinary way he would have retried, if the inhabitants had properly elected someone to succeed him, as pointed out in the statute of the 5th and 6th of William 4th, which ordained, that they were to meet for that purpose on the 25th of March. The inhabitants did not comply with the statute, for they met on the 24th instead of the 25th of the month, and elected Nicholas as surveyor, which appointment must be considered null and void, as being contrary to the Provisions of the Act of Parliament.

Mr Llewellyn: I have nothing to do with what has been done previously, but I shall expect you to prove that your client has been legally appointed.

Mr Price: My client was appointed in March, 1858, and continued in office until the same month in the present year, when the inhabitants, failing to appoint a successor, he, according to the 5th sec. of the minute, can remain in office, and continue to act until his successor has been appointed. After adverting to the power vested in the Magistrates of appointing a surveyor, in case the parishioners failed to do so, Mr Price called

Mr Watkins, who said, I reside in the parish of Goytrey and was appointed surveyor in March, 1858. I produce my ledger, from which it appears that my accounts were passed in March, 1859, signed by the chairman and a number of parishioners, who did not elect any person to be the surveyor on the 25th of March, or in 14 days afterwards. I continue to hold, and act in the office. I made this rule on the 11th of May; it was published on the 15th of the same month. I placed it on the church door. The amount owing by the Rev Thomas Evans was £8 8s 4d, I demanded it on the 9th and on the 11th instant, the first time I went for it I was ordered off the premises, and have never yet received the money.

Mr Llewellyn: I object to this case going further until Mr Watkins proves his appointment.

Mr Watkins, in answer to Mr Llewellyn said there was a book in which his appointment was entered.

Mr Llewellyn: I want Mr Watkins to prove how or in what manner he was appointed.

Mr Price: His being in possession of the office was sufficient proof of his appointment.

Mr Llewellyn: According to the 6th clause, notice shall be given by the chairman of the parishioners meeting to the person elected, and why is it not produced. You ask us for the payment of a rule, but first, show how you can legally demand it, and if the appointment is not proved, I shall ask the Magistrates to dismiss the case.

Mr Price: We don’t care how we were appointed. Here are our books; we have been recognised by all the parishioners, as the surveyor of the parish. They have paid rates which we levied, and it is now too late to go into the appointment.

Mr Watkins: I collected three rates, and Mr Evans has paid me rates.

Mr Llewellyn: And perhaps he ought not to have done so. However, I shall ask the magistrates, to dismiss the case if the appointment is not proved.

Mr Price again repeated his objection to go into the appointment, for the reasons he previously advanced, viz; that his client had been the recognised surveyor, by all the parishioners, and that it was not too late to go into that matter. He would let Mr Llewellyn have any of his papers, relating to the appointment, if he called for them, but he would not produce them as part of his own case.

The bench said that the appointment should have been proved.

Mr Price, still objecting, said: I’ll undertake to make the justices proceed with the case. It has gone off previously on many little points, and it is time that it should be properly settled.

Mr E B Edwards entreated Mr Price to go into the appointment of Watkins, when he very reluctantly produced a notice signed by Mr Evans, signifying that Mr Watkins had been appointed.

Mr Llewellyn, looking at the document, said this appointment appears to have been made on the 18th of March, and if Nicholas’s appointment was deemed bad that was made on the 24th how could Mr Watkins’s be good, that was made on the 18th of that month. After referring to the QUEEN V BEST, Mr Llewellyn said that Mr Watkins had not produced the notice convening the vestry meeting of March, 1858: nor had he produced the minutes of the said meeting. These points are reserved for the consideration of the bench.

Mr Watkins, examined by Mr Llewellyn: I don’t know when the paper produced was given to me. I received it in time to go to the special sessions. I was present at the meeting of March, 1858. The book produced contains the minutes of the meeting. Mr Evans was ill, and asked Captain Bird to act for him as Chairman of the meeting. The minutes were not entered into the book at the meeting; Mr Bird had a piece of paper before him, on which they were entered. Mr Bird scratched out his name in the book as chairman of the meeting and erased several of the minutes for which he submitted others. The Rev Thomas Evans subsequently signed the book as chairman.

Mr Llewellyn here read the erasures and what had been substituted for them, which appeared to be that a motion was made that Captain Bird should be the surveyor, with someone to act as his assistant, to which an amendment was proposed that Mr Watkins should be elected as surveyor, and that the meeting separated without appointing any additional surveyor, signed J Bird, chairman.. A portion of this had been erased, and it now read as if Mr Watkins had been duly appointed as surveyor, (signed) Thomas Evans chairman.

Mr Watkins examined by Mr Price: Mr Evans claimed to be chairman of the meeting. Votes were taken at the meeting I had nothing to do with the writing. As it stands now it is Mr Evans’s writing. He subsequently signed the minutes, as being those of the transactions of the meeting.

Mr Llewellyn: The original meetings were those which ought to prevail, and if my friend denies that, he is a bold man.

Mr Watkins to Mr Price: The book was not at the vestry meeting.

Mr Llewellyn, after whispering with a witness, said: The book was at the meeting, and I will prove it by an individual present.

Mr Price: That appears to me to leave something less that nothing to do with the case. It was immaterial whether the appointment was good or bad, and how, or in what manner, does it affect Mr Watkins?   He has acted as the recognised surveyor for twelve months, and even if he were to say at the time that he was not the surveyor, the parishioners would not have believed him. Every body in the parish knew that he was the surveyor. The Rev Thomas Evans knew it, and signed his appointment, and after doing so, I would ask how he would dare come into the court that day to repudiate his own transactions. The minutes themselves were not legal evidence unless attested and sworn to by individuals present. They declared that Watkins had been appointed surveyor, and the appointment had been signed by Mr Evans, whose conduct would be very bad if he asked them to believe in the illegality of the appointment, and he challenged him to get into the box, and prove the minutes to be false.

Mr Watkins examined by Mr Llewellyn: I attended the meeting held on the 24th of March last. William Nicholas’s name was mentioned as being elected surveyor. There was no one else proposed, and he was called, and in the face of this I still hold myself to be the legitimate surveyor (Mr E B Edwards, here read the appointment of Nicholas as surveyor), I attended on the 9th of April, before the magistrates to pass the accounts. I did not give in the name of Nicholas, as being appointed surveyor, because I thought the appointment illegal, according to the Act of Parliament. I told the magistrates that the appointment being made on the 24th of March was null and void.   I never told the bench that my appointment, made on the 18th of March, was good. No objections were made to my appointment. I am aware that Mr Nicholas acts as surveyor and has made a rate. The magistrates told me to call another meeting of the parishioners.

Re-examined by Mr Price: The magistrates told me to call another meeting of the parishioners, I did so, and Mr Evans removed the notices of the meeting. I did not receive any legal notice of Mr Nicholas’s appointment.

William Harris, examined by Mr Price: I am assistant overseer, and do the duty and attend the vestry. I was present on the 16th of April, and sworn before the magistrate on the day. I swore that the parish meeting was on the 24th, and not on the 25th of March, I have been examined since and swore to the same thing then. It was taken down in writing. I left it here with Mr Edwards, clerk to the justices. I received a notice from Mr Evans to come and swear that. Nobody else told me that I must come here and swear it again. I told Nicholas that I had.

Mr Price asked Mr E B Edwards for the affidavit, which Harris had made, which that gentleman read, but at the solicitation of Mr Price, he refused for some time, to enter it into the minutes of the case, but at length complied with the request.

Wm Harris examined by Mr Llewellyn: I had a copy of the notice calling the meeting, for the 24th of March, (reads it). The notice was duly placed on the church door. I produce the minute book, from which it appears that the meeting was held on the 24th of March. These minutes were taken at the meeting. It was Mr Evans’s hand writing. Wm Nicholas was appointed surveyor.

Wm Nicholas, re-examined by Mr Price: I am a farmer and nothing else. I held the office as surveyor of the highways, for the parish of Goytrey. I got the appointment on the 24th of May last. I had the motion from the chairman. Mr Watkins was not appointed at the meeting. At the former meeting Mr Bird had the show of hands and Mr Watkins had the votes. (the witness subsequently denied that he knew anything about the votes). The other party went away from the meeting in a rage. I went away in a rage. I believe Mr Evans was chairman, but don’t know who was chairman. Mr Evans would quarrel with any one who wanted to be chairman; there was no chairman for they all sat upon a bench. (laughter). Mr Watkins was surveyor last year. I paid him three rates. I was present when Watkins’s books were passed. He asked me to produce my appointment, when I went for the books, I took the appointment I had from the chairman. I will swear I have talked to no one of the illegality of my appointment. Some people have spoken to me about it. I wished to be out of the office as there was so much unpleasantness. On the 18th of March 1858,. Mr Evans voted for Mr Watkins.

The Rev Thomas Evans examined by Mr Price: I am rector of Goytrey, and was present at a parish meeting held on the 18th of March 1858. There was considerable discussion about the appointment of surveyor. The show of hands were in favour of Mr James. The votes were not taken by me. I voted for Mr Watkins, and gave him all I had, which were six in number. Mr James left the meeting under the impression, that he had been elected surveyor. This is my writing in the book produced (as chairman of the meeting). I believe I wrote it on the 4th February 1859. Captain Bird left the neighbourhood last summer. The alterations in the book had not been made since that time. The whole of the notice produced was in my hand-writing, (respecting the appointment of surveyor). I am aware that Watkins objected to Nicholas’s appointment. There was a meeting called by Mr Watkins, for the purpose of appointing a surveyor. Mr Morgan proposed Mr Watkins but I refused to put it to the meeting because it had been packed. I declined to make an entry in the minute book of it.

Br Mr Llewellyn: Captain Bird, was already in the meeting when I arrived at the meeting, in March, 1858. There was no poll demanded. There was no time for taking votes. I was chairman when Nicholas was appointed. And I believed his appointment to be a legal one.

Mr Llewellyn and Mr Price having finally addressed the bench, the magistrates retired, and after a short absence returned to the court and said the summons would be discharged, as they believed the appointment of 1858 had not been a valid one whilst that of 1859 had. Mr Price spoke of taking the matter to a superior court.

Richard Cadogan 1755

Richard Cadogan

 This indenture made the second day of February in the year of our Lord Christ one thousand seven hundred and fifty five Between the Right Honourable George Neville town of Abergavenny of the first part and Richard Cadogan of the town of Abergavenny in the county of Monmouth Innholder of the other part.

Witnesseth that for in consideration of the sum of one pound and one shilling of lawfull British money in hand paid by the said Richard Cadogan to the said Lord Abergavenny:

Grant unto the said Richard Cadogan all that one Cott and 2 acres lying in Pellennygg, there being before in the possession of Aby Morgan now of …[Blank}

9th September granted to one William Morgan son of Robert Morgan then of Goytrey, labourer for 3 lives which lease lately expired, now to be leased unto the said Richard Cadogan.

The said devised premes with appurts from the 29th day of September last and for during the respective lives of William Price aged 21 years, Ann Price aged 13 years, Ruth Price aged 10 years, son and daughters of William Price late of Goytrey deceased.

 

Witnesses:

Rice Price

Charles Hawkins

John Griffith 1758

This Indenture made the twenty fifth day of March in the year of our Lord one thousand seven hundred & fifty eight between the Right Honourable George Lord Abergavenny of the one part and John Griffith of the parish of Mamhilad in the County of Monmouth yeoman of the other part.

Witnesseth that the said George Lord Abergavenny for and in consideration of the sum of three pounds and three shillings of lawfull British money to him in hand paid by the said John Griffith at & before the execution of these presents (the receipt whereof the said Lord Abergavenny doth hereby acknowledge for & in the name of a fine) & for and in consideration of the rents covenants & agreements herein after mentioned hath granted and demised and in & by these presents doth grant and demise unto the said John Griffith all that cott and close of land called Wernock Vach and three acres of land thereunto adjoyning scituate lying & being in the parish of Goytre in the said County which said premisses were by lease dated the nine and twentieth day of September one thousand seven hundred and one granted to one William Evan for three lives which lease lately expired (except & allways reserved out of this present demise & grant [text lost in crease. DW] his heirs & assigns all mines & quarries of stone oar and coal and all mineralls & other mettalls & all woods timber & trees now standing growing and being in and upon the said hereby demised premisses or any part thereof with free liberty of ingress egress and regress to and for the said Lord Abergavenny his heirs & assigns his and their servants agents & workmen at his & their will & pleasure from time to time during the continuance of this demise & grant to cutt down hew digg work cord coal and carry away all such mines stones oar coal mineralls mettalls woods timber and trees doing thereby as little hurt or damage as may be to the corn grain hay or grass of the said John Griffith his heirs or assigns growing increaseing or being or which shall during the continuance of this present demise & grant grow or be in or upon the said demised premisses or any part thereof in carrying away all the same mines stones oar coal mineralls mettalls woods timber & trees whatsoever respectively to have and to hold all and singular the said hereby demised and granted premisses with appurtenances (except before excepted) unto the said John Griffith his heirs & assigns from the date of these presents for & during the respective lives of William Hugh (aged seven years), John Hugh (aged three years) sons of William Hugh of Mamhilad & Mary the daughter of the said John Griffith (aged twenty two years) and the life of the longest liver of them yielding and paying therefore yearly & every year during the continuance of this present demise and grant unto the said Lord Abergavenny his heirs or assigns the yearly rent or sum of three shillings of lawfull British Money without any deduction or abatement for any manner of taxes whatsoever at the feasts of Saint Michael the Archangell & the Annunciation of the blessed Virgin Mary by equal portions the first half yearly rent or payment to begin and to be due and payable on the feast of Saint Michael the Archangell next coming and the sum of five shillings of like lawfull money for & in the name of an heriott on the death of every person dying seized (or on alienation of the premisses) & also doing suit to the Court of the said Lord Abergavenny his heirs or assigns when thereto required and the said John Griffith for himself his heirs & assigns doth by these presents covenant promise & agree to & with the said Lord Abergavenny his heirs & assigns that he the said John Griffith or his heirs shall not nor will alien or assign this present demise & grant without leave first had & obtained in writing under the hand and seal of the said Lord Abergavenny his heirs or assigns or his or their chief steward for the said County of Monmouth & that he the said John Griffith his heirs or assigns shall not nor will do or cause procure or suffer to be done on the premisses hereby demised or any part thereof any act project or contrivance whereby the said granted premisses or any part thereof or any other of the estates of the said Lord Abergavenny his heirs or assigns or his or their tenants may be prejudiced or lessened in yearly value and if it shall happen that the said yearly rent or sum of three shillings and other acknowledgements herein before mentioned or any part thereof shall be behind & unpaid by the space of fifteen days next after any of the said feast days on which the same ought to be paid (being legally demanded) or on breach of any of the covenants or agreements herein before mentioned on the lessees part & behalf to be paid done or performed that then it shall & may be lawfull to & for the said Lord Abergavenny his heirs or assigns into & upon the said hereby demised premisses or any part thereof in the name of the whole to re-enter and the same to have again repossess & enjoy as in his or their former right any thing herein before contained to the contrary notwithstanding and the said Lord Abergavenny doth by these presents authorize & in his place put Theophilus Morgan Phillip Powell [one or two men? DW] & Thomas Jenkins Gentlemen or any or either of them to be his true & lawfull attorneys or attorney jointly or severally for him & in his stead to enter into & upon the premisses hereby demised or any part thereof (in the name of the whole) and to give possession thereof unto the said lessee John Griffith ratifying and by these presents allowing and confirming all & whatsoever the said attorneys or either of them shall lawfully do or cause to be done in & about the premisses as fully & effectually as if the said Lord Abergavenny had been personally present at the doing thereof. In witness whereof the said parties to these presents have hereunto interchangeably sett their hands & seals the day and year first above written

On the cover of the document:-

Be it remembered that on the 13th day of June in the year of our Lord 1771 Livery of Seizin was had given and executed of all and singular the demised premisses within mentioned by William Morgan duely authorized and appointed for that purpose by deed under the hand and seal of the within named George Nevill Baron of Abergavenny bearing date the 24th day of June last unto the within named John Griffith (who was then in the peaceable and quiet possession of the said demised premisses) according to the form and effect of the within written indenture of demise in the presence of John Williams

Sealed and delivered (being first duly stampt) in the presence of Rice Price; John Pankhurst

Abergavenny. Monmouthshire. Lease from the Right Hon’ble Lord Abergavenny to John Griffith of Mamhilad for 3 lives dated 25th March 1758

Fine £3 – 0 – 0

Rent 3s

Heriott 5s

John Cooke 1750

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)

Abergavenny. Monmouthshire

Counterpart lease from the Rt Hon’ble Lord Abergavenny to Mr John Cooke of lands in Mamhilad for 3 lives.

Dated 8th Nov 1750

 

£sd

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

Henry Bosville 1733

This Indenture made the twenty fourth day of June in the sixth yeare of the Reigne of our Sovereigne Lord George the Second by the Grace of God of Great Brittaine France and Ireland King defender of the faith & in the year of our Lord one thousand seven hundred & thirty three between the Right Honourable William Lord Abergavenny of the one part, and   Henry Bosville of the parish of  Lanellin in the County of   Monmouth Esquire of the other part, Witnesseth, That he the said Lord Abergavenny, for and in consideration of a surrender of a former lease and alsoe of a certaine fine in hand paid  And also of the rents, covenants and services, on the lessees part and behalf herein after mentioned, to be paid, kept and performed, hath demised, granted, and to farm let; And by these presents doth demise, grant, and to farm let, unto the said Henry Bosville all that land called Cae Susanne lying in the parish of Goytre in the County aforesaid now in the occupacon of the said Henry Bosville or his assigns

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  Henry Bosville, Bridget his wife and the survivor of them and after the death of the survivor to the heirs of her body by the sd Henry Bosville and in default of such issue to the right heirs of the said Henry Bosville and during the respective lives of Hugh Bosville and John Bosville sons of the said Henry Bosville by Bridget his wife and John Lewis son of Mary relict of Richard Lewis formerly of Lanfoist and last of Lanellin aforesaid deceased 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 four 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 and the sume of five shillings of like money to be paid by the person that is seized of the premisses as an increase of rent at the death of every person named by whose lives the said premisses are held, and also doing suit and service to the Court of the said Lord Abergavenny, when thereto required. Provided nevertheless, that the said Henry Bosville 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 four 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 John Day of Fletching in the County of Sussex Gent and Richard John of Aberustruth in the County aforesd Gent 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 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.

24th June 1733

Sealed and delivered (being duely stampt)in the presence of Robt Mathew; John Day

(On the cover of the document)

Memorandum that on the third day of September in the yeare within written quiet and peaceable possession and livery of seizin was had taken given & executed of and in the pmisses within demised in the name and liew of all the pmisses within menconed by Richard John one of the attorneys within named unto Henry Bosville Esqr the party to these presents according to the forme and effect of the deed within written. In the psence of us Thomas Williams junior; Thomas Morgan

Abergavenny. Lease. Lord Abergavenny to Henry Bosville Esquire of Lanellin in Co Monmouth

 

… a lease of ………… to be granted to Dr Hobbs

 

(On a separate slip of paper)

A description of Cae Susanna in the parish of Goytrey now in the possession of Mr Edward Jones the priest being about 18 acres of rough pasture and woody lands haveing the freehould lands of late Jno Hanbury Esqr north east and south thereof having the … lands of John Williams on the south thereof having the ould rode leading from Pellenigg to Reyd y Mirch on the west thereof

Yearly rent £2

Fine to be 25s. Enter folio 18 at 4s pr annum

Wm Morgan of Penstair

To propose? … to Dr Hobbs of the above

 

Cae Susannah, …, Thos Hobbs; Elizth Hobbs; Wm Morgan one of the sons of Wm Morgan of Lanover

 

NOTE: I have used a pro forma for the above. This was copied from a printed pro forma dated 1768. The wording differs slightly but the gist is the same. DW