Westbury (Westburies) manor lease (1623)

Post date: Feb 16, 2018 8:8:21 PM

Held in Kent archives, reference U1823/2/T2. The following is based on a handwritten summary of unknown date and author (possibly Lambert Larking, a 19th century antiquarian), stored with the original. Mark Ballard, The Archive Services Officer, has kindly drawn attention to U1823/2/P1 a map at 13.3 inches to the mile surveyed for the Twysdens probably after the date of the lease which shows Westburies manor house on the site of the current Manor farm complex. The lease shows that, amongst other matters, Twysden reserved for himself was the right to hold the manor court in the manor house. That the Westbury (Westburies) continued to operate into the eighteenth century is confirmed by a record (a court roll) of the court of 1715.

Dated August 17 1623

Indenture made August 17 1623

Lease from Sir Wm Twisden to Thos Beckett¹ of Wateringbury, Yeoman, of the Manor of Westburies, Manor House, Capital Manor & all land adjoining on either side of the King’s High Way whereof one part is bounded on the South by the King’s Highway leading from Wateringbury to Mereworth. On the west by the lands of the late Wm Danne & the lands of Thos Stille Esq. on the North by lands belonging to Cannon Court, the lands of Willm Underwood⁶ & the College lands; on the east by the lands of the heirs of Wm Codd⁵. The other part, lying together is bounded on the north by the said highway; on the west by the lands of the late Wm Dann⁴, the lands called Simmones, and part of the lands called Charthill. On the south by the King’s High Way, and the lands of Sir Francis Fane Kt. On the south & east by the lands of Edward Scott Esq. the lands of Thos Stille Esq. & the lands of James Codd. All the above consists of 143 acres and 20 perches. Also a piece of land called “The Witches” and 1 way 12 feet broad leading from Offham Wood to Cannon Heath to load drive and carry. All the above are in Wateringbury & Mereworth & late in tenure of said Thos Beckett.

Sir Wm reserves all the Timber & Wood also the ponds ?waifes , ??? freewarren³ & other royalties & franchises, also the power of sporting for himself & his friends, also of entering any part with carriages etc. also of holding Manor Court in the Manor House. The lease for 21 years at £49 13s. 4d. per annum. Reserves power to have any number of acres fallowed the last year of the lease, the worth of said acres to be paid at a value set by 2 indifferent persons, 30 acres next the house to be left unploughed for the last ten years of the lease under a penalty of 20s. an acre per annum for every acre so ploughed or tilled. Tenant to pay £10 per acre extra rent for every acre of Wood sown on the farm& 2/6 a week penalty for every week the rent may be in arrears. Not to underlet on penalty of Sir Wm re-entering & ???? of the farm. Tenant to keep in repair Manor house Buildings etc. with thatching daubing, underpinning & Tiles Locks Keys ironwork for doors & glaze for windows, to find meat & drink for all workers ??? To keep in repair hedges, ditches ????? gates, fences & inclosures. ???? to stack & ?? on the premises all the corn, hay & straw that grows there under penalty of 20/ for every load otherwise used. Every year to carry out & spread in a husbandly manner all the dung & offal upon some part of the premises. In the last year of the lease the Tenant must keep from damage all trees & Impes that are in the orchard & Impgarden & as they decay replant or regraft so as to leave as he finds them stocked with good apples & other fruit trees. Tenant to pay all ??? lots, taxes etc. except only the lord of the manor’s rents & shall perform or maintain all such customs &payment of tithe as have been used concerning such lands.

The Indenture is endorsed on the back with a note written by Roger Twysden concerning a trial at Maidstone on July 7 1657 concerning a right of way which he won against Robert Scoles² who had denied him the right of way set out in the above lease. It includes testimony in support of Roger Twysden from Richard Sutter of Mereworth, Thomas Simmons of East Peckham and Thomas Tomlyns of of Wrotham. Scoles had testimony in his support from John Baldwin of Town Malling and his sister Widow Rogers of Wateringbury.

The document is sealed and endorsed by the various people cited above – most by way of their mark.

Notes:

1. Thomas Beckett was still at Westburies in 1664 when he is listed for the hearth tax in respect of 4 chimneys.

2. Robert Scoles was dead by the date of the 1664 hearth tax but his widow still lived in a substantial (unidentified) house in Wateringbury.

3. Free warren=right to hunt. See also Grant of free warren.

4. Wm Dann-presumably after whom Dann Lane gets its name.

5. Wm Codd lived at Pelicans. See Sheningans in Pelicans. He is also referenced by both Hasted and Greensted in their accounts of Wateringbury.

6. William Underwood: see Westburyes manor Court (1591) for William Underwood's acquisition of these lands (see Alienation relief paid)