Lease Between Sir Richard Smyth and Richard Stay
1702
Introduction
This document is a 300 year old text from the lease of property on Vaggs
Lane in the parish of Hordle between Sir Richard Smyth and Richard Stay (Stoy)
dated 1702. The document is about 18 inches by 32 inches is on parchment
and held in the Hampshire Record Office Ref 8M56/86. The text is in
old English and is very difficult to read. We have after much work,
got all but a few words. We also may have made some minor mistakes in
recording the text into modern English. We have a photocopy of the lease
and have recently tied this Richard Stay, his wife to be, Elizabeth Holley
and his Brother William Stay to our line through a second document describing
the property. This document is referenced in the Peter Stay history
that puts it into perspective and locates the actual location of the property.
It also identified Richard Stay the elder, Richards father, who is likely
the Richard Stay from Brockenhurst. The words we cannot interpret are
in bold print. We have left some of the words in their old English
spelling. The name of Stoy is used throughout the document however a later
document of 1778 regarding the property spells the name as “Stay”. This
is further evidence that the Richard Stoy of Brockenhurst may be our line.
We acknowledge the work of Lynda Watts of Hampshire, England who provided
us with a copy of the original lease from the Hampshire record office.
Click on above to view picture
Text of Lease
THIS INDENTURE made the Nine and Twentieth day of September in this first
year of the reign of most gracious Sovereign Lady Anne by the grace of God
of England and Scotland France and Ireland Queen Defender of the Faith on
Anno Domini 1702 BETWEEN Sir Robert Smyth of Buckland within the
parish of Limington and County of Southam (Hampshire) Baronet, and Jane Anne
his wife of the one part, and Richard Stay the younger of Arnwood within the
parish of Hordle and County aforesaid Husbandman of the other part.
WITNESSETHb that they the said Sir Robert Smyth and Jane Anne his wife for
and in consideration of the sum of three pounds of good and lawful money of
England to them or one of them in hand well and truly paid before the sealing
and piere hereof cleerly of by this said Richard Stay. The receipt whereof
they do acknowledge and confess and thereof & every part and parcell
thereof cleerly acquit exoidale and discharge the said Richard Stay his executors
and administrators and assigns and eidy of them for ever by those presents
As also for and in consideration of the yearly rent and under the covenants
conditions and agreements in these presents mentioned and expressed HAVE
devised granted leased and to farm lett And by those presents do devise grant
lease and to farm lett unto the said Richard Stay ALL that their tenement
situate and being near the South end of Vaggs Lane in Arnwood aforesaid with
an orchard and garden thereunto adjoining containing by estimated forty luggs
of ground be it more or less and is bounded with the Common of Arnwood afores’d
on the East West and South Parts. And the land late of John Button Esq. deceased
now in the possession of Mathias Bungay on the North part. Together with all
Commons freedoms liberties privileges rights and appurtenances there unto
applying to be taken used and enjoyed in as large and ample manner as other
tenants of the same Lordship do for such like tenant All
which said premises before devised were lately in the tenure or occupation
of Richard Stay the elder but are now in the tenure use and occupation of
the said Richard Stay pertaining to these presents and are being and lying
in Arnwood aforesaid `within the said parish of Hordle and county of Southam
TO HAVE AND TO HOLD the said tenement garden and orchard and all and singular
the premises before devised unto him the said Richard Stay the younger his
executors and administrators and assignor from the day of the date hereof
for and during and unto the full end and term of fourscore and nineteen years
from thence next ensuing fully to be complete and ended (if he of the said
Richard Stay the younger Elizabeth Holley Daughter of Samuel Holley of Arnwood)
aforesaid Weaver and William Stay Brother of the said Richard Stay or any
or eyther of them shall so long happen to live and not otherwise YEILDINGE
and paying therefore yearly and every year unto the said Sir Robert Smyth.
If the said Jane Anne his Wife during their joint lives and from and after
the death of the Sir Robert if the said Jane Anne shall him survive then to
the said Jane Anne during her life and from and after the death of the said
Jane Anne Then to such persons to whom the reversion of the said
premises next after death of the the whole continuance of the said term hereby
granted one couple of good pullets in and upon the first day of January commonly
called New years day AND the said Richard Stay partly to these presents doth
consent promise and agree for himself his executors and administrators and
assignes to and with the said Sir Robert Smyth & Jane Anne his wife their
heirs and assignors that he the said Richard Stay his executors and administrators
and assignors shall and will duly pay the said couple of pullets every year
as before is expressed and agreed upon to be paid and shall and will from
time to time and at all times hereafter at his and their own proper costs
and charges well and sufficiently repair uphold sustain and maintain hedge
with ditch enclose fence and preserve all and singular the said devised premises
in all manner of needful and necessary repairs when and as often as
need shall require and the same and every part Thereof being
so well and sufficiently repaired upholden sustained & maintained hedged,
ditched enclosed fenced and preserved shall and will at the determination
of this devised lease have and yield up unto the said Sir Robert Smyth and
Jane Anne his wife and to such persons as the reversion of the said premises
next after the death of the said Jane Anne shall belong their heirs
and assigned AND the said Richard Stay the younger for himself his heirs
executors and administrators assignes doth by these presents further consente
promise and grant to & with the said Sir Robert Smyth and Jane Anne his
wife their executors and administrators that in case the said Richard Stay
Elizabeth Holley and William Stay or any or eyther of them shall happen to
dye during the life of said Jane Anne that then he the said Richard Stay
his executors and administrators and assignees immediately upon the death
of such of them as shall so happen to dye at the request cost and charges
in the law of the said Sir Robert Smyth or Jane Anne his wife during the
life of the said Sir Robert Smyth or the Jane Anne shall and will surrender
up this indenture and the estate & term hereby granted and take
a new lease of the said premises for the life or lives or for the term of
ninety nine years determinable upon the life or lives of such of them the
said Richard Stay Elizabeth Holley and William Stay as shall be livinge at
the time of such request & the life or lives of one or two persons to
be nominated by the said Sir Robert Smyth and Jane Anne his wife so the said
premises may be held under the said Sir Robert Smyth and Jane Anne his wife
or under the said Jane Anne if she shall survive him for three lives or for
the term of ninety nine years determinable on three lives under the like
rent and consent as in these presents are contained with said premises with
the appurtenances and all the estate terme and interest so to be granted
in the same from and after the decease of the said Richard Stay Elizabeth
Holley and William Stay respectively shall be in trust for the said Sir Robert
Smyth and Jane Anne his wife their respective executors and administrators
and assignor. And in case the said Richard Stay his executors and administrators
and assignes shall make default of surrendering & yielding up this presents
lease upon such request as aforesaid lease presents and every grant and convent
and agreement on the leasers part herein contained shall be utterly void
and of none effect any thing herein contained to the contrary thereof in
any wise not withstanding AND the said Sir Robert Smyth for himself
and for the said Jane Anne his wife and for their heirs executors and administrators
and assignor and for each of them doth by those presents consent promise
and grant to and to the said Richard Stay partly to those presents his executors
and administrators and assignes that it shall and may be lawful to and for
the said Richard Stay his executors and administrators and assignees from
time to time for and during all the said term herby devise of for and under
the yearly rent and performance of the consent and agreements before expressed
and peaceably and quietly to have hold use occupy posesse and enjoy the said
before devised premises by part and parcel thereof with appenrtes without
the lawful lett trouble contradiction or denial of the said Sir Robert Smyth
and Jane his wife or any person or persons lawfully claiming or by from or
under them or either of them in witnesses where of the prior above said have
to these persons indentures sett interchangeable their hand and seals the
day and (date) first above written.
Attached is a digital photo showing several lines from the Indenture document
showing the name spelled as “Stoy”. It also shows Richard Stay’s father
i.e. “Richard Stoy the elder
