Reference
PE362
Title
Lease
i) Matthew Denis the elder of Kempston, gentleman, John Browne of Kempston, gentleman, John Amps of Kempston, gentleman, William Dennys of Stevington, gentleman, John Crawley of Kempston, yeoman; Feoffees for the Towne ground of Kempston, aforesaid
ii) Sir Edward Cater, Kempston, knight
iii) Matthew Denis the younger, John Pitkin of Kempston, gentleman, William Babington, Kempston, yeoman
Date free text
3 Sep 1666
Production date
From: 1666 To: 1666
Scope and Content
Reciting that Sir Edward Cater claims by prescription a way through the ground mentioned below, which the Feoffees deny, and claim that the right was enjoyed on payment of an annual rent of 12d, which has lead to some disputes.
Lease by i) with the consent of the chief of the inhabitants of Kempston to ii)
… the piece of ground lying between the two causeways called the Great Cawsey and the Little Cawsey in Kempston, which is now and anciently has been used as a passageway to Sir Edward Cater's Great Bridge and the Holme called Earles Holme, or the greatest part thereof, by Sir Edward Cater and his ancestors, owners of the said bridge, and by his and their tenants, servants and workmen
for 60 years at an annual rent of one shilling (the money to go to uses as in deed of 9 December 1 Charles I)
Covenant by ii) with iii) that during the time of the lease, "when and as often as the water in the River of Owse adjacent to the said Holme shalbe soe high as that they the said Matthew Dennys, John Pitkin and William Dennys their heires or assigns cannot by reason thereof carry their grasse and hay growing in the said Holme called Earles Holme out of and from the said Holme by and through the antient usuall way and passage to the same, It shall and may be lawfull to and for them .. and their .. heirs assignes tenants and servants betweene the second day of February and the first day of August in everye yeare to carry with servants horses cartes and Carryages all or any of their grasse and hay which they have or shall have in Earles Holme aforesaid over the bridges there by and through the said passage way herein and hereby before to farm let" paying to ii) ½d and to i) for the use of the poor
½d for every load of grass or hay that they carry over the bridges and passage way, the money to be paid at Michaelmas between 9 and
12 a.m. at the south porch of Kempston church
Covenant by iii) to do as little damage as possible "and that if any posts boards or planckes or any other part of the said bridges shalbee broken or the passage way before demised impaired or decayed by such their Carriages as aforesaid that then he or they by whose occasion such posts, boards, bridges planckes or passageway shalbee soe broken impaired or decayed shall and will repaire the same at his or their owne costs"
Signed: ii) and iii)
Witnesses: William Browne, George Spenser
[interesting references to rights of way]
Level of description
item