This Indenture made the twenty ninth day of September in the thirty third 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 three between the Right Honourable Henry Earl of Abergavenny of the one part, and Daniel Edwards of the parish of Goytrey in the County of Monmouth labourer of the other part, Witnesseth, That he the said Lord Abergavenny, for and in consideration of the sum of four pounds fourteen shillings and sixpence of lawful money of Great Britain by the said Daniel Edwards 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 hereby reserved and of the covenants and agreements herein contained on the part and behalf of the said Daniel Edwards 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 Daniel Edwards and his heirs during such lives as are herein after mentioned all those two pieces or parcels of arable and rough pasture land containing together by estimation about two statute acres situate lying and being in the said parish of Goytrey and now in the occupation of the said Daniel Edwards having freehold lands of Henry Bird Esquire – lands of the said Earl leased to William James blacksmith – a certain road leading from a place called Nant Givir to a place called Pwll Mirick – freehold lands of John Capel Hanbury Esquire and freehold lands late of Joshua Andrew on all or most parts and sides thereof
Except and always reserved out of this present demise unto the said Earl of 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 Earl of 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 Daniel Edwards his heirs and assigns from the twenty ninth day of September last for and dureing the naturall lives of the said Daniel Edwards now aged about fifty one years, Joshua Edwards now aged about nine years and Daniel Edwards the younger now aged about seven years (which said Joshua Edwards and Daniel Edwards the younger are two of the sons of the said Daniel Edwards party hereto) and the life of the longest liver of them, Yielding and paying therefore yearly and every year, during the said term, unto the said Earl of Abergavenny, his heirs and assigns, the rent and sum of two shillings and six pence 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 twenty fifth day of December next ensuing: And also yielding and paying unto the said Earl of 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 Earl of Abergavenny, when thereto required. Provided nevertheless, that the said Daniel Edwards 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 Earl of Abergavenny, his heirs and assigns, or his and their steward or agent of the said Manor of Pellenigg 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 Earl of 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 two shillings and six pence 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 Earl of 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 Earl of 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 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 in the said County of Monmouth Gentleman 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 Daniel Edwards 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. Daniel Edwards
Sealed and delivered in the presence of R Morgan Kinsey; L Osborne, clk to Mr Kinsey
(On the cover of the document)
Abergavenny. Monmouthshire
29th September 1793
The Earl of Abergavenny to Daniel Edwards
Counterpart of lease of premises in the parish of Goytrey for 3 lives
£ s d
Fine 4 14 6
Rent 0 2 6
Heriot 0 5 0
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