Deopham Manor Lease 1835

Anne Elizabeth Amyas and Frances Amyas

Notes

The Lease as originally written is one solid block of text with no spaces and minimal punctuation. The text has been reformatted and some punctuation added below for ease of reading, but the wording remains the same.
Words in bold correspond to those so written in the original indenture.
Please see the 1742 lease for notes on the meanings of some of the terms used.
Comments on the highlighted changes since the 1828 agreement appear below.

The Lease

This Indenture made the Ninth Day of December in the Sixth Year of the Reign of Our Sovereign Lord William the Fourth by the Grace of God of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith
And in the Year of our Lord one thousand eight hundred and thirty five

Between the Dean and Chapter of the Cathedral and Metropolitical Church of Christ Canterbury of the one part and Anne Elizabeth Amyas and Frances Amyas both of the City of Bath in the the County of Somerset Spinsters, the Daughters of the Reverend John Amyas late Rector of Hempstead in the County of Suffolk deceased of the other part

Witnesseth that the said Dean and Chapter as well for and in Consideration of the Surrender of a Lease of the things in part hereby again demised before this Time made and granted by them the said Dean and Chapter to the said Anne Elizabeth Amyas and Frances Amyas which Lease bears Date the Ninth Day of December in the Ninth Year of the Reign of His late Majesty King George the Fourth and which said Lease they the said Anne Elizabeth Amyas and Frances Amyas do hereby surrender accordingly as also for divers other good Causes and Considerations them hereunto moving

Have, with their Common Assent and Consent, Demised, Granted and to Farm letten And by these Presents for them and their Successors Do Demise, Grant and to Farm Let unto the said Anne Elizabeth Amyas and Frances Amyas, their Executors, Administrators and Assigns

All that their Manor, Rectory or Parsonage of Deopham in the County of Norfolk including therein certain Lands comprised in an Allotment made to the said Dean and Chapter under an Act of Parliament passed in the Fifty second Year of the Reign of His Majesty King George the Third Intituled “An Act for dividing and inclosing Lands in the Parish of Deopham in the County of Norfolk” and also including therein certain other Lands in Deopham and Morley lately taken in Exchange by the said Dean and Chapter under or [by] virtue of the said Act of Parliament from the Right Honourable John Lord Wodehouse and the Reverend Bence Bence (as Committee of M^r Bevil Amyas) respectively

And also all

Rents and Services
Lands
Meadows
Pastures and
Feedings

together with all

Tythes
Pensions
Portions
Ways
Wastes
Profits
Commodities and
Hereditaments

to the said Manor and Parsonage or either of them, belonging or appertaining, together with all

Court Leets
Views of Frank Pledge and the Profits thereunto belonging, with all
Waifs
Strays
Escheats
Deodands
Felons’ Goods
Fugitives’ Goods and all Chattels
Goods of outlawed and condemned Persons
Fines
Issues and
Amerciaments and
all other things whatsoever which to the Franchises and Liberties of the said Dean and Chapter and their Successors in the said Manor or parsonage belonging or appertaining with all and singular the Appurtenances

(Except and always reserved out of this present Demise and Lease unto the said Dean and Chapter and their Successors All manner of Timber and Timberlike Trees and Trees apt and likely to become Timber now growing or hereafter to grow upon the said Lands and Premises hereby demised and the Advowson and Presentation of the Vicarage there when it shall happen to be void
Together with free Ingress, Egress and Regress to and for them the said Dean and Chapter and their Successors, Servants and Workmen to come into, upon and from the said demised Premises to fell, cut down, grub up, hew and square, and with Horses, Carriages or otherwise to carry away the said Timber and Timberlike Trees at all seasonable and convenient times during the Term hereby granted doing thereby no wilful or unnecessary Hurt or Spoil.

And also Except and always reserved out of this present Demise and Lease unto the said Dean and Chapter and their Successors full and free Liberty of Ingress, Egress and Regress for them and for their Auditor, Surveyor or other Person or Persons acting by the Authority of the said Dean and Chapter or their Successors and either with or without Workmen or others in their or his Company as often as they or he shall see Occasion during the Term hereby granted at reasonable times in the day time to enter and come and to go, pass and repass into, upon, over and from the Houses, Barns, Stables, Buildings and Lands hereby demised or any Part thereof there to view, search, examine and see in what State, Condition and Repair the said Houses, Barns, Stables and Buildings and Hedges, Ditches, Fences and Inclosures belonging to the said Lands are, and of all such Defects and Wants of Reparation and Amendment as upon any such View or Examination shall be then found to give or leave Notice in Writing at the said demised Premises or any Part thereof to and for the said Anne Elizabeth Amyas and Frances Amyas, their Executors, Administrators or Assigns to repair and amend the same).

To have and to hold the said Manor and Parsonage, and all and singular other, the Premises hereinbefore mentioned and intended to be hereby demised with their Appurtenances (except as hereinbefore is excepted) unto the said Anne Elizabeth Amyas and Frances Amyas, their Executors, Administrators and Assigns from the Feast of Saint Luke the Evangelist last past before the Date hereof unto the full End and Term of twenty one Years from thence next ensuing and fully to be complete and ended.

Yielding and paying therefore yearly during the said Term to the said Dean and Chapter and their Successors, at or in the Treasury House of the said Church, the Sum of Sixteen Pounds of good and lawful Money of Great Britain at the Feast of Saint Luke the Evangelist to be paid.

And also yielding, and paying, yearly during the said Term, unto the said Dean and Chapter and their Successors at or in the Treasury House aforesaid the further sum of Eight Pounds and sixteen shillings of like lawful Money being the Annual Amount of the Land Tax which was charged upon the said Manor and Parsonage and Premises hereby demised and which hath been redeemed by the said Dean and Chapter under the Powers and Provisions of the Act made for the Redemption and Purchase of the Land Tax, the same to be paid upon the same Feast or Day upon which the said yearly Rent of Sixteen Pounds is reserved and made payable.

And also yielding, and Paying, yearly during the said Term unto the said Dean and Chapter and their Successors at or in the Treasury House aforesaid to and for the Use of the Vicar of the Parish Church of Deopham aforesaid for the time being the Sum of Six Pounds of good and lawful Money at the Feasts of the Birth of our Lord Christ, the Annunciation of the Blessed Virgin Mary, the Nativity of Saint John the Baptist and Saint Michael the Archangel by even Portions to be paid.

And also yielding, and Paying, yearly during the said Term unto the said Dean and Chapter and their Successors at or in the Treasury House aforesaid the further sum of Fifty Pounds of like good and lawful Money for every Acre and so in Proportion for every greater or less Quantity than an Acre of the Meadow or Pasture Land hereby demised which they the said Anne Elizabeth Amyas and Frances Amyas, their Executors, Administrators or Assigns shall at any time or times during the said Term ear, sow, plough, break up, dig or convert into Tillage or Arable Land or permit or suffer to be eared, sown, ploughed, broken up, dug or converted into Tillage or Arable Land without the special License and Consent of the said Dean and Chapter or their Successors in Writing under their Common Seal first had and obtained for that Purpose the same to be paid upon the same Feast or Day upon which the before mentioned yearly rent of Sixteen Pounds is reserved and made payable and the first Payment thereof to begin and be made on that Day of Payment which shall first happen after any Part of the said Meadow or Pasture Land shall be so as aforesaid eared, sown, ploughed, broken up, dug or converted into Tillage or Arable Land.

The said several Rents to be paid without any Demand to be made of the same free and clear of all manner of Taxes, Lesses, Scots and other Charges and Burthens, ordinary and extraordinary, whatsoever which are or shall be charged upon the said demised Premises.

And the said Anne Elizabeth Amyas and Frances Amyas for themselves, their Heirs, Executors and Administrators do hereby Covenant, Promise and Agree to and with the said Dean and Chapter and their Successors in Manner following (that is to say): That they the said Anne Elizabeth Amyas and Frances Amyas, their Executors, Administrators or Assigns shall, and will, well and truly pay, or cause to be paid, unto the said Dean and Chapter and their Successors the said several yearly Rents or Sums of Money hereinbefore reserved as the same shall respectively become due and payable at or upon the several Days and in Manner hereinbefore appointed for the Payment thereof respectively.

And also shall, and will, from time to time, and at all times during the said Term hereby granted, at their own proper Costs and Charges well and truly bear, pay and discharge all, and all Manner of, Taxes, Rates, Duties, Assessments and Impositions whatsoever whether Parliamentary, Parochial or otherwise which now are or which at any time during the said Term hereby granted shall be lawfully assessed or imposed upon or payable for or in Respect of the said Manor and Parsonage and Premises hereby demised, or any Part thereof.

And also shall, and will, from time to time and at all times during the said Term hereby granted at their own proper Costs and Charges when, and where and as often as Need shall be and require well effectually and substantially repair, uphold, support, maintain, hedge, ditch, scour cleanse and keep the said Houses, Barns, Stables and Buildings and all the Hedges, Ditches, Fences, Gates, Stiles and Inclosures of the said Lands and Premises hereby demised and also the Chancel of the Parish Church of Deopham aforesaid in by and with all and all Manner of needful proper and necessary Reparations, Upholdings and Amendments whatsoever and at the End, Expiration or other sooner Determination of the said Term the same and every Part thereof so well effectually and substantially repaired, upheld, supported, maintained, hedged, ditched, scoured, cleansed and kept shall and will peaceably and quietly leave and yield up unto the said Dean and Chapter and their Successors.

And also shall and will at all times during the said Term hereby granted use, treat, till and manage the Arable Lands hereby demised as well in the manuring as in the cultivating thereof and use, treat and manage the said Meadow or Pasture Land hereby demised and every Part and Parcel thereof respectively in a proper and careful Manner according to the Custom of the County thereabouts.

And also shall and will find and provide for the Dean of the said Church and the Receiver General and Surveyor of the said Dean and Chapter and their Successors for the time being and to their servants and Horses, convenient and competent Man’s Meat, Horse Meat and Lodging with Stable Room and Litter for their Horses once in every Year during the said Term hereby granted by the space of one Day and one Night when they or any of them shall come to survey and oversee the State and Condition of the said Manor and Parsonage and Premises hereby demised or, in Case no such Provision or Entertainment shall be required and received by the Dean and other Officers, shall and will in lieu thereof pay yearly during the said Term unto the said Dean and Chapter and their Successors at or in the Treasury House aforesaid the Sum of Three Pounds of good and lawful Money of Great Britain at the Feast of Saint Luke the Evangelist.

And also shall and will make or cause to be made:
– One Terrar or Book distinctly written in Parchment describing the said Houses, Barns, Stables and Buildings and Lands belonging to the said Manor and Parsonage and Premises hereby demised with the Number of Acres of each Piece or Parcel of Land and the Limits and Boundaries thereof as they do severally lie and in what Parish or Place and also
– One Rental distinctly written in Parchment containing therein the Name and Names of all and every Tenant and Tenants whatsoever as well Freeholders as Copyholders holding of the same Manor together with the true and several Rents and Customs which they and every of them do yearly pay, and also the several Names, Metes and Bounds of the Lands for which the said Rents, Services and Customs are due and where the said Lands do severally lie and in what Parish or Place;
And the said Terrar and Rental so made and written shall and will deliver, or cause to be delivered, to the said Dean and Chapter or their Successors or to their Receiver General or Auditor for the time being in the Seventh Year of the said Term hereby granted.

And also shall and will at their own proper Costs and Charges find and provide a sufficient Steward to keep the Courts and Law Days of the said Manor as hath been accustomed and shall and will deliver, or cause to be delivered, to the said Dean and Chapter and their Successors or to their Receiver General or Auditor for the time being a Transcript of the Court Rolls of every Court holden for the said Manor and also a Roll or Book fair written in Parchment containing therein all and singular the Profits that shall accrue, grow due and be received or recovered by them the said Anne Elizabeth Amyas and Frances Amyas, their Executors, Administrators or Assigns of or for the Franchises and Liberties of the said Dean and Chapter within the said Manor.

And also that they the said Anne Elizabeth Amyas and Frances Amyas, their Executors, Administrators or Assigns shall not nor will at any time or times during the said Term hereby granted grub up or displant nor cause, permit or suffer to be grubbed up or displanted any or either of the Hedges or Hedgerows now standing, growing or being in or upon the said Lands and Premises hereby demised or any Part of Parcel thereof without the express Leave and Authority of the said Dean and Chapter or their Successors in Writing first had and obtained for that Purpose.

Provided always and these Presents are upon this express Condition nevertheless that if it shall happen the said yearly Rents or Sums of Money respectively hereinbefore reserved or either of them or any Part of them or either of them [sic] shall be behind or unpaid by the space of Twenty One Days next over or after either of the said Days of Payment on which the same respectively ought to be paid as aforesaid (being lawfully demanded).

Or if the said Anne Elizabeth Amyas and Frances Amyas, their Executors, Administrators or Assigns shall at any time during the said Term hereby granted set or assign over this present Indenture of Lease or the said Manor and Parsonage and Premises hereby demised or any Part thereof for the whole or any Part of the said Term hereby granted to any Person or Persons whomsoever without the special License and Consent of the Dean and Chapter or their Successors in Writing under their Common Seal first had and obtained for that Purpose.

Or if such Person or Persons to whose Use and Possession this present Indenture of Lease shall remain and come by Bargain, Sale or Assignment with such Consent as aforesaid or by Devise, Bequest, Legacy or otherwise by or from the said Anne Elizabeth Amyas and Frances Amyas do not within one whole Year next after the having and enjoying the same make surrender of the same and of the Term of Years therein then to come to the said Dean and Chapter and their Successors so that he, she or they may then, or within convenient time after, receive of the said Dean and Chapter or their Successors another Grant, Demise and Lease of all the said Manor and Parsonage and Premises hereby demised for so many Years as shall be then to come of the Term aforesaid containing in it the like Words of Demise, Covenants, Conditions, Reservations of Rent and all other Articles as are herein contained, for which Lease so to be granted no Fine or other Payment shall be required or demanded, but only the ordinary Fees for sealing and writing the same and a Counterpart thereof.

Or if the said Anne Elizabeth Amyas and Frances Amyas their Executors, Administrators or Assigns shall not in all Things well and truly observe, perform, fulfil and keep all and singular the Covenants, Conditions and Agreements herein contained on their Part and Behalf to be observed, performed, fulfilled and kept, then, and from thenceforth, in any or either of the said Cases, this present Indenture of Lease shall be utterly and absolutely void and the said Dean and Chapter or their Successors shall, or lawfully may, immediately or at any time after such Breach, Nonobservance or Nonperformance enter into and upon the said Manor and Parsonage and Premises hereby demised or any Part or Parcel thereof in the Name of the whole and the same unpossess, retain and enjoy as of their former Estate, Anything herein contained to the contrary thereof in anywise not notwithstanding.

In Witness whereof to one Part of this Indenture remaining with the said Anne Elizabeth Amyas and Frances Amyas, the said Dean and Chapter have set their Common Seal and to the other Part remaining with the said Dean and Chapter the said Anne Elizabeth Amyas and Frances Amyas hath set their Hands and Seals

Dated in the Chapter House of the said Dean and Chapter the Day and year first above written.

A note on the reverse of the Amyas copy records:
Signed, Sealed and Delivered (being first duly stamped) in the Presence of:
George Stallard, Solicitor, Bath
George Stallard Junior

Chapter of Canterbury Archives U63 68977
Transcription © G. Sankey

Renewal Correspondence

Mr. Millard wrote to the Dean & Chapter in August 1835 to explain that the renewal fine was too high in view of the movements in wheat prices.

Comments

The terms of this lease contain major additions to those agreed with the Amyas sisters in their preceding 1828 lease. These are:-
- All timber on the estate (both trees and treelike trees) remains the property of the Dean & Chapter;
- The Dean & Chapter may fell and remove timber as and when they wish;
- The Dean & Chapter’s staff have the right of entry at any time to check on the condition of their estate;
- The lessees must pay a punitive sum for any pasture land that is converted to arable;
- The lessees must now maintain hedges, ditches, fences gates and stiles in addition to the houses, barns, stables, buildings and chancel that were a previous requirement;
- The arable land must be properly cultivated, including manuring;
- The lessees must pay for accommodation for the Dean & Chapter’s representatives when they visit to check the condition of the estate.
A few minor formatting changes have also been made from the previous lease.
The date of the surrendered lease corresponds to that of the preceding 1828 lease.
This lease is for a period of 21 years.
All payments are now required to be paid free of tax (previously only the stipend paid to the Vicar had this condition stated explicitly).
Terrar and Rental documentation is now to be provided to the Dean & Chapter after 7 years (previously it was after 1 & 10 years).
The Steward now has to be simply “sufficient” – there is no explicit requirement for him to be “honest and learned” as had been stated in all previous leases.
Non-payment will now be acted upon after 21 days whereas previously it was after 14 days.
The rights of the Dean & Chapter to repossess their estate in the event of the lessees breaking their terms have been made more explicit.

The Original Lease Document

Click on an image to see it in greater detail.

Reproduced courtesy of the Chapter of Canterbury; their ref U63 68977/2

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Date	Change
18/1/24	Published