1735 Stocken Farm

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Indenture dated 24th September 1735 – Henry Penton and Samuell Wade. Transcribed by Laurence Rostron (Laurence & Linda Rostron)

THIS INDENTURE made on the forer and twentieth day of September in the foreth yeare of the Reigne of our Soveraigne Lady Anne by the Grace of God of England Scotland France and Ireland Queen defender of the faith ? in 1735 BETWEENE Henry Penton of Lincolns Inn in the County of Middlesex Esq. of the one part and Samuell Wade of Culverton in the parish of Princes Risbor ough in the County of Bucks Yeoman sonn of John Wade of Nettlebed in the County of Oxfordshire yeoman of the other part WITNES that hee the said Hernry Penton for and in consideracon of the yearely Rent and covenants to hereafter in this presente mentioned and reserved and also for diverse and sundry other good causes and consideracons him the said Henry Penton thereunto  especially moving soil demised leased land and to farme letten and by their presente demise lease and to farme letten unto the said Samuell Wade his executors administrators and assignes ALL that messuage or tenement with appurtenances situate and being in Laceys Greene in the parish of Princes Risborough in the said County of Bucks and also all houses edifices buildings barns stables yards orchards gardens and backsides whatsoever to or with the said messuage or tenements belonging used or appertayning and also all those several closes or parcells of arable land ley or pasture ? with their appurtenances commonly called or known by the name or names Stocking lying and being ? Laceys Greene aforesaid in the parish of Princes Risborough aforesaid and anciently old and doe belong unto the said messuage or tenement & have been usually left there with and ? with the said messuage or tenement have beene usually called or known by the name of Stocking Farm contayning  together by estimacon three score acres be the same more or lesse which said messuage or tenenment  and lands late were in the tenure or possession of William Lacey and after him in the tenure possession or occupacon of Arthur ? his and now are are in the possession of the said Samuell Wade and alsoe all and all manner of tythe comimg growing ? or increasing or which shall come grow ? or increase in upon or out of the said demised premisses or any part thereof and alsoe allwayes waters comons profits comodityes appurtenances whatsoever to the said messuage or tenement arrable lands ley grounds and premisses or to any of them belonging used or in any wise appertaining except and allwayes reserved out of this present demise and lease unto the said Henry Penton his heires and assignes all and all manner of woods underwood tymber trees and other trees now standing growing or being ? at any tyme or tymes during the term therein after ? shall happen to stand grow or bee in or upon the afore demised premisses or any part or parcell thereof with free liberty of ingress egress and regress att all reasonable and convenient tymes for the ? felling cutting second topping and carrying away of the same and also except all that messuage or tenement situate att or neare Laceyes Greene aforesaid wherein John Snelling lately did dwell and all edifices barnes stables building yards orchards and backsides to or with the same messuage or tenement belonging used or appurteyning and alsoe all those ? or parcells of land lying betweene the said messuage or tenement and wood called Stocking Wood lying neare or adjoining eastward to the same wood and westward and northward to the land or west of the said of the Henry Penton called the Hillock or Laceyes Greene conteyning together by estimacon three ? bee the same more or less and alsoe all that kiln for burning of bricks and tyles with the appurtenances situate in or adjoining to the same ? closes or parcells of land or one of them on the east and the south parte thereof and upon the west and north parte thereof on ther said Hillocks or Lacyes Greene with all ways paths passages water courses commons profits comodityes easements and appurtenances to the premisses herein before excepted or mentioned to bee excepted belonging or there with an ? ? ? or ? all which before ? promised law were allow the tenure or possessions ? sayd  William Lacey after him of the said ? ? TO HAVE AND TO HOLD the said messuage tenement or closes or parcells of land ? and all other the premisses herein before demised leased or to  farm lett or menconed to bee demised leased or farme lett with their appurtenances except before excepted unto the said Samuell Wade his executors administrators and assignes fro the feast day of St Michael the Archangell next ensueing the date of these presente unto the full end and terme and during the Terme of one and twentie years from thenceforth next and imeadiatly ensueing and fully bee compleate and ended YEILDING AND PAYING therefor yearly and every yeare for and during the said Terme of one and twentie years unto the said Henry Penton his heires and assignes att or in their Mansion House of the said Henry Penton situate and being in Princes Risborough aforesaid comonly called or known by the name of Brookhouse the yearlie rent or some of sixe and twentie pounds of good and lawfull money of England att the ? feasts or days of payment in the yeare that is to say an the feasts of  Annuniciacon of the Blessed Virgin Mary and St Michael the Archangel by even and equall porcons PROVIDED ALLWAYES and upon condicon that if it the same yearely rent or some of six and twentie pounds before there p’sente reserved or any part or parcel thereof to be ? or unpaid by the space of one and twentie days next over or after any of the said feaste or days of payment all which as is aforesaid the same ought to be paid being lawfully demanded att the said Mansion House of the said Henry Penton situate and being in Princes Risborough aforesaid or if the said Samuell Wade his executors or administrators or any of them do or shall att  any tyme or tymes thereafter demise grant lett or sell the afore demised premisses or any part or parcel thereof or otherwise assigned part with or putt away this lease or demise or his or theire estate or interest of or in the same or in the demised premisses or in any part or parcel thereof unto any person or persons whatsoever with the speciall licence consent and or agreement of the said Henry Penton the heires and assignes or some of them in that behalf first had and obteyned in writing under his or their hands and sealed or if the said Samuell Wade his executors administrators or assiognes doe or shall neglect ? ? ? faithfully to make and keepe repayment during the terme aforesaid all and every the said messuages or tenement houses edifices barns stables hedges ? buildings ? ? ? ? gates styles hedges ditches ? ? or belonging ? or wood ? of the said Henry Penton called Stocking Wood adjoyning the aforesaid demised ? ? ? ? and presente the said Woods from all ? and ? ? ? or otherwise that then and from thence forth in ? ? ? ? ? Henry Penton the heires and assignes or any ? ? ? ? ? ? and the same to have again ? ? ? ? ? ? ?and farmed estate and estates and ? ? ? ? Samuell Wade his executors administrators and assignes and all other occupiers of the ? ? ? from thence ? to expel putt out and ? ? ? or anything therein conteyned to the contrary ? ? ? standing after ? Samuell Wade for himself his executors administrators and assignes and for every of them doth covenant promise and grant to and within said Henry Penton ? ? assignes and to and with every of them by these presente ? ? Samuell Wade his executors administrators and assignes or some of them shall and will and fully pay or cause to bee paid unto these ? Henry Penton his heires or assignes the said yearely rent or some of six and twentie pounds of good and lawfull money of England upon such dayes and in such manner as the same is from before reserved to bee paid according to the intent and true meaning of their presente and of the reservation aforesaid and that bee the said Samuell Wade his executors administrators and assignes or some of them shall and will att his their or some of theire or one proper ? charges ruffe tymber if he doe or shall require the same being to bee allowed him in such manner as herein after expressed from to tyme to tyme and all tymes during the said Terme of one and twentie years when and so often ? shall require will and sufficiently amend in ? upon old ? the ? and ? repayred the said messuage or tenement and all the houses edifices buildings barnes stables and outhouses which now or att anytyme or tymes hereafter during the said Terme of one and twentie yeares shall be erected built standing or being on the demised premises or any parte thereof and alsoe all and every the hedges ditches gates stiles fences and all rounds of or belonging as well to the demised premisses or any part thereof as unto the afore said wood called Stocking Wood or any part thereof and or the end or other sooner termination of the said terme shall and will so leave and yield upp the same unto the said Henry Penton his heires and assignes or some of them neither hee the said Samuell Wade the excutors administrators or assignes or any of them shall or will at any tyme or tymes during the said Terme crosse cropp the aforesaid demised premisses or any part or parcell therof or ? any part of the said premisses in any yeare during the said tyme WHICH which has or shall bee sowed the ?precedent yeares but shall permit and refer the same to ? ? and on sowed every third yeare during the said Terme and that it shall and may bee lawfull to and for the said Henry Penton his heares and assignes att the Feast of Thannuniciacon of the Blessed Virgin Mary which shall bee next before the end or other sonner determinacon of the said Terme of one and twentie yeares to enter upon and every one convenient loding roome in the messuage aforesaid and convenient stable rooms upon the premisses for the seating and standing of his and their horses and teams and alsoe to enter on soe much of the afore demised premisses as shall then bee left for fallow and unsowed and the same from thence forth to ? ? and manure att his and their free wille and pleasures without the ? trouble demall or interrupcon of him the said Samuell Wade his executors administrators and assignes or any of them and without abatement or extinguishing any of the present before by their presente reserved and that bee the said Samuell Wade his executors administrators and assignes shall and will from tyme to tyme during the said terme of one and twentie yeares spend and use upon the afore demised premisses all the straw chaffe and stores of the ? and ? which shall from tyme to tyme during the said tyme grow there upon and all the dunge compost and soyle which shall arise or bee made thereof shall and will in the best husbandlike manner pay imploy and bestore upon some part of the demised premisses where most need shalbe and not old when or otherwise and what shall not bee imployed as aforesaid shall leave upon the said demised premisses unto and for the said Henry Penton his heires and assignes and that hee the said Samuell Wade his executors administrators and assignes or some of them shall and from tyme to tyme during the said Terme will firmly and faithfully ? use the aforesaid wood called Stocking Wood and also there the woods of the said Henry Penton being upon or adjoyning the aforesaid demised premisses or any part thereof and use his and their best care and diligence observe the same from all cutting spoilt by cattle and other damage whatsoever and that hee the said Samuell Wade his executors administrators and assignes or some of them shall and will from tyme to tyme and att all tymes during the said terme of one and twentie yeares att this their or some of theire proper cost and charges paybeare and discharge all ? charged and paying to whatsoever which shall att any tyme or tymes during the said Terme bee due or payable out of for or in respect of the said demised premisses or any part thereof for fier hearths and to the church the poore the highways Kings Bench and shall saye ? ? and all and after ordinary taxes and payment whatsoever and thereof acquitt and discharge the said Henry Penton his heires and assignes and every of them AND THE SAID Henry Penton for himself his heires executors and administrators every one of them doth covenant promise and grannt to and with the said Samuell Wade his executors administrators and assignes and to every of them presente that the said Henry Penton his heires and assignes or some of them shall and will from tyme to tyme during the said terme of one and twentie yeares at his their or some of their ? proper costs anything att and upon the request of the said Samuell Wade his executors administrators or assignes may beare and discharge all and all manner of extraordinary taxes charges payments and imposicons whatsoever where the said demised premisses or any part or parcell thereof shalbe rated taxed assessed or charged during the Terme aforesaid and thereof acquitt and discharge the said Samuell Wade his executors administrators and assignes and every of them and that hee the said Henry Penton his heires and assignes or some of them shall and will att their or sound of their owne proper costs and charges from tyme to tyme during the said Terme as often as needs shall require within forty dayes next after request to him or them by the said Samuell Wade the executors administrators or assignes in that behalf to bee made provide and allow unto and for the said Samuell Wade his executors administrators or assignes upon the said demised premisses or within the forore miles of the same competant and convenient ruffe tymber att the ? for the necessary repayring and amending of the same messuage or tenement and all the house edifices and buildings before by those presente demised and of the gates and stiles to the same premisses and Stocking Wood aforesaid belonging AND that it shall and may bee lawfull to and for the said Samuell Wade his executors administrators and assignes from tyme to tyme and att all seasonable and convenient tymes during the said Terme of one and twentie yeares to ? and ? in and upon the afiore demised premises convenient and necessary bushes and lodges ? for the necessary repaying and amending of the lodges and fences to the premisses belonging but to or for no other use or purpose whatsoever and that hee the said Samuell Wade his executors administrators and assignes shall or may att all tymes during the said Terme of one and twentie yeares paying and performing the rents covenants and agreements herein before reserved and expressed on his and their parte to bee paid and performed peaceably and quietly have hold and enjoy all the said demised premisses and every part and parcell thereof with their appurtenances except before exception without the lett troublesuite denial or interruption of him the said Henry Penton his heires and assignes or any of them or any other person or persons whatsoever lawfully clayming or to claym from by or under him the said Henry Penton INWITNES hereof the partyes named unto these presente indentured interchangably have putt their hands and seales the day and yeare first above written.

Notes added by Laurence Rostron (transcriber)

Indenture dated 24th September 1735 – Henry Penton and Samuell Wade

1. Although parts of this document have faded with age and are impossible to read the most important information appears to be available.
2. This Indenture describes the lease of a farm and woods in Lacey Green by Henry Penton to Samuell Wade.
3. The properties were called Stocking Farm and Stocking Woods.
4. The combined size of the properties appears to have been 60 acres.
5. The term of the lease was 21 years.
6. The rent was £26.00 per year.
7. The document is remarkable in the apparent detailed control required by Henry Penton.
8. Names of persons mentioned in the document:

1. Henry Penton – Lincolns Inn – Middlesex and Brook House – Princes Risborough
2. Samuell Wade – Culverton
3. John Snelling – previous occupier of Stocking Farm
4. Arthur ? – previous occupier of Stocking Farm