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