John Stables's Lease Agreement for his Farm, 1844.
This is a transcript of the lease agreement that John Stables signed in order
to rent his farm and land from Charles Eyston, Esq. and his wife, Mary Teresa.
The original document is now held at Barnsley Archives.
This is five years after the Tithe Award of
1839, in which John Stables Senior is listed as renting the same property from Charles
Eyston.
The lease agreement provides interesting social history about farming practices
in the Victorian period. In particular, there is a very quaint section requiring
that "...he the said John Stables...shall and will...Eat and Consume
upon the said premises yearly and every year...all the grass hay straw stubble
clover...which shall grow...upon the farm". He'd need a few pints of
fine English ale to wash that lot down!
Background: The Eyston family are descendants of Sir Thomas More,
a devout Catholic, now a canonised saint of the Catholic Church, the very
faith he refused to renounce. His son John married Anne Cresacre, heiress of
Barnborough and their son Thomas More, a Jesuit Father, was the last male
descendent of Sir Thomas. His sister Bridget More married Peter Metcalfe and
their son married Teresa Throckmorton whose daughter, Maria Teresa Metcalfe,
married Charles Eyston in Bath in 1814. Charles Eyston died in 1857.
The Eyston family home is at Hendred House in Berkshire and has many
family treasures including Sir Thomas More's drinking cup and the
silver-banded ebony staff that supported Bishop Fisher on his way to the
gallows. A famous painting of Sir Thomas More and
family, hangs in the National Portrait Gallery, a copy of which may be seen at
Hendred House.
This background information about the Eyston Family is taken from the
following web-sites: http://freepages.genealogy.rootsweb.com/~villages/berks/east_hendred.htm
and http://www.users.globalnet.co.uk/~hadland/tvp/tvp24.htm
and those with an interest in the Eystons will find a great deal more
information on those sites.
Charles Eyston
Esquire and
Maria Teresa his Wife -----
------With------
Mr. John Stables-------------
Agreement for
letting Land and Premises at Barnbrough in the County of York.
This indenture made
the second day of February One thousand eight hundred and forty four BETWEEN
Charles Eyston
of Hendred in the County of Berks Esquire and Maria
Teresa his Wife of the one
part and John Stables
of Barnbrough in the County of York Farmer of the other part WITNESSETH
that the said Charles Eyston and Maria Teresa his Wife have agreed and do
hereby agree to let and the said John Staples [sic.]
hath and doth hereby agree to
take ALL
that tenement Messuage or Dwellinghouse with the Outbuildings and Closes of
Land thereto belonging now in the occupation of John Stables situate and being
in Barnborough and more particularly set forth in the Schedule hereunder
annexed together
with the Appurtenances to the same belonging reserving unto the said Charles
Eyston and Maria Teresa his wife their Heirs and Assigns out of the said
premises all Mines of Coal and other Mines and Minerals Quarries of Stone and
Slate and Beds of Gravel and Clay with full power to search for get and work
the same and with liberty for that purpose to erect Houses Engines and other
Machinery and Buildings and also reserving all Trees Underwood and Plantations
and the herbage thereof with liberty to Cut and Carry away the same and also
the liberty and priviledge of taking part of the said Farm for the purpose of
Building Planting or making ways or roads or for any other improvement he or
they may think proper they the said Charles Eyston and Maria Theresa his Wife
their Heirs or Assigns making reasonable satisfaction for the Damage the said
John Stables may sustain bt the use or exercise of any of the aforesaid
liberties and also reserving unto them the said Charles Eyston and Maria
Theresa his Wife and their Agents full power of authority to enter upon the
said Premises to view the state and condition so thereof and also for himself
the said Charles Eyston his Friends Servants and others by him or his Agent
authorized to Hunt Shoot Fish and Sport thereupon at his and their Will and
Pleasure so To Hold
the said Farm and Premises unto the said John Stables his Executors and
Administrators as to the said Closes of Land from the second day of February
and as to the said Dwellinghouse and Buildings from the thirteenth day of May
in each year respectively for the term of one year and so on from year to year
until either of the said Parties shall give to the other six calendar months
notice in writing previous to the expiration of any year to quit and deliver
up the possession thereof WIELDING
and PAYING unto the
said Charles Eyston and Maria Teresa his Wife their Heirs and Assigns during
the said holding the clear Yearly Rent of Ninety Six Pounds by two equal hald
yearly Payments namely on the tenth day of April and the tenth day of October
in each year the first payment to be made on the tenth day of October next And
Also the further annual
Rent or Sum of Ten Pounds an Acre and so in proportion for any greater or less
quantity than an Acre of the Ancient Meadow or Pasture Land in the said Farm
which the said John Stables his Executors or Administrators shall pare burn
plough break up or convert into tillage without the consent in writing of the
said Charles Eyston and Maria Theresa his Wife their Heirs or Assigns or of
any land in the Farm that he or they shall sow or set with Teazles Woad Hemp
Flax or with any other produce not yielding fodder for cattle or upon which
they shall grow more than two crops of white corn without a good and clear
Summer fallow which said additional Rent by way of Penalty shall be recovered
and recoverable in the same way as the said original Rent is recoverable the
first payment to be made on such of the said Rent Days as shall first happen
after any such penalty shall be incurred AND
the said John Stables doth hereby for himself his Heirs Executors and
Administrators Covenant declare and agree with and to the said Charles Eyston
and Maria Theresa his Wife their Heirs and Assigns in manner following that is
to say that he the said John Stables shall and will pay the said Yearly Rent
of Ninety Six pounds and also the further Rent at the times hereinbefore
mentioned And Also
that he the said John Stables his Heirs Executors and Administrators shall and
will pay all Assessments and Outgoings whatsoever whether Parliamentary or
Parochial Except the Income Tax which shall be charged upon the said Farm
during the holding hereby agreed upon And
Further that he the said
John Stables his Executors or Administrators shall and will at his and their
own expense keep and leave all the buildings Styles Gates Fences Ditches
Drains and Watercourses on the said premises in good tenantable repair order
and condition the said Charles Eyston and Maria Teresa his wife finding Timber
in the Rough and shall and will preserve and protect all the young timber
trees on the said premises and shall not cut top main fell or carry therefrom
any trees or underwood And
Further that he the said
John Stables his Executors or Administrators shall and will eat and consume
upon the said premises yearly and every year during the time he or they shall
occupy the same all the Grass Hay Straw Stubble Clover or other produce (Grain
Excepted) which shall grow or be made upon or arise from the said Farm and spend spread and lay upon
such parts of the said Lands as shall most require the same all the Compost
and Manure that shall be made thereby, except such Compost and Manure as shall
have been made or produced and not spent and consumed thereon in the last year
of his or their occupation of the said Farm which shall be left upon some
convenient part thereof for the said Charles Eyston and Maria Teresa his Wife
their Heirs or Assigns or the Oncoming Tenant he or they making such allowance
for the same as the person or persons to be appointed as hereinafter mentioned
shall value the same to be worth And
Moreover that the said
John Stables his Executors and Administrators shall and will at any time at
the request of the said Charles Eyston and Maria Teresa his Wife or their
Agent discharge every or any person or persons from Hunting Shooting Fishing
or Trespassing on the said Farm or any part thereof and shall and will permit
and suffer the same to be made use of as a plaintiff to any Action or Suit to
be commenced and carried on by and at the expense of the said Charles Eyston
and Maria Teresa his Wife their Heirs or Assigns AND
it is hereby further agreed
by and between the said parties hereto that the said John Stables his
Executors or Administrators shall be allowed to retain possession of any land
cropped with turnips until the twenty fifth day of March next following the
Expiration of any notice which shall be given by either party to quit the land
hereby agreed for And
Further that after the
notice to quit shall have been given by either of the parties as aforesaid
then the said John Stables his Executors and Administrators shall be paid or
allowed for all Wheat and Rye which shall in that year have been sown upon the
said premises in due course of husbandry and also for all fallow made the
preceding Summer wherein no Corn shall have been sown or be grown and also for
the expense of paring and burning such part of the said Land as shall be pared
and burnt in that year and also for ploughing and for seeds sown and for
sowing the same after the land shall have been so pared and burnt and also for
all white clover trefoil and other small seeds which shall have been sown in
the Spring of the year next preceding the expiration of the holding hereby
agreed upon And Also
for half tillages upon the said Farm after one crop of corn shall have been
had therefrom according to the custom of the County and also for all Compost
Dung and Manure which shall have been laid upon any fallowed land when no crop
shall be growing and for the leading and spreading of such manure compost and
dung and where one crop shall have been taken then to be allowed for half the
value of such compost dung or manure as shall have been led laid and spread
thereon And Also
for all manure led laid and spread upon grass land from whence no crop shall
have been subsequently taken and for one half the value of all manure which
shall have been laid and spread upon grass land when one crop only shall have
been taken in the usual and customary allowances of Rents and Assessments upon
such valuations and also to be allowed for all manure dung or compost which
shall be in upon or about the said farm unspread or undisposed of on the
twenty fifth day of April next preceding expiration of the holding hereby
agreed upon as to the Buildings all which payments allowances and valuations
shall be fixed and ascertained by two indifferent persons to be named and
chosen one by the said Charles Eyston and Maria Teresa his wife their heirs or
assigns or their agents and the other by the said John Stables his Executors
or Administrators and in case such two persons shall not agree in the
valuation of all or any of the matters to be referred to them then to some
third person to be named and appointed by the referrees [sic]
for that purpose shall fix and
ascertain the value or worth thereof which third person shall be named by the
said Referees before they themselves proceed in the valuation AND
it is hereby further agreed
between the said parties that the valuation of the several matters and things
aforesaid (other than and except the crops of wheat and rye and the last years
manure) shall be made at or immediately before Candlemas day when the holding
shall expire as to the Land and Valuation of the manure shall be made on the
twenty fifth day of April following and the valuation of the said crops of
wheat and rye shall be made in the month of August following or immediately
before such crops are fit to be reaped and gathered and that the amount of
such valuations respectively shall be paid by the said Charles Eyston and
Maria Teresa his Wife their Heirs and Assigns or his or their Incoming Tenant
to the said John Stables his Executors or Administrators immediately after the
same shall be respectively made and occupied but the said Charles Eyston and
Maria Teresa his Wife their Heirs and Assigns or their Agent be at liberty to
have full power to deduct and retain out of the said respective valuations all
such sum and sums of money as shall or may be due to them the said Charles
Eyston and Maria Teresa his wife their Heirs or Assigns for Rent or Arrears of
Rent for the same Farm Lands and Premises IN
WITNESS whereof the
said parties to these presents have hereunto set their hands and seals the day
and year first within written#
SCHEDULE
hereinbefore referred to.