Indenture of Lease between Charles Cholmondeley Esq. & John Ollier the Younger, Yeoman
Dated 1730 (Add. 1741)
All names in are in large script or bold for ease of reference.
This indenture made the Thirteenth day of November in this fourth year of the reign of Lord Majesty King George the Second over Great Britain Anno Domini One Thousand Seven Hundred and thirty. Between Charles Cholmondeley of Vale Royal in the County of Chester Esq. of the one part andJohn Ollier the Younger of Marton and Parish of Whitegate in the County of Chester Yeoman of the other part. Witness that the said Charles Cholmondeley as well for and in consideration of the surrender of a former indenture of lease bearing date bearing date the Eleventh day of April Anno Dom. 1728 made by the said Charles Cholmondeley to Martha Booth Widow (Grandmother of the said John Ollier) since deceased of all that messuage and tenement lands and premises herein after mentioned for the lives of John Ollier (farther of the said John Ollier party to these presents) Susannah wife of Joseph Wilcoxon of Marton aforesaid who are both still living and of Mary the wife of the said John Ollier the Elder since deceased. Which said surrender the said John Ollier (party to these presents) doth hereby make and the said Charles Cholmondeley doth thereof accept and also for and in consideration of the sum of Fifty Pounds of lawful money of Great Britian to him the said Charles Cholmondeley by the said John Ollier (party to these presents) in hand paid at and before the sealing and delivery hereof the reciept whereof and doth hereby acknowledge and thereof doth aquitt and discharge the said John Ollier (party to these presents) his heirs and assigns by these presents and for divers [diverse] other goods causes and considerations I the said Charles Cholmondeley hath demised granted set and by these presents doth demise grant set and to farm lot unto the said John Ollier (party to these presents) his heirs and assigns all that messuage and tenement with its appurtenances commonly called or known by the name of Olliers Tenement situate lying and being in Marton aforesaid and late in the possesion of the said Martha Booth deceased her undertennant or undertennants and all houses outhouses buildings barns stables yards orchards gardens lands meadows leasowes pastures feedings common of pasture and turburay ways waters priviledges and advantages whatsoever to the said messuage and tenement lying belonging or in anywise appertaining together with liberty to dig and get marle clay and sand in any convienient part of of the said premises to be spent and bestowed upon the same premises and not elsewhere and also to have and take necessary cropwood and underwood (such as grow on the said premises but not to destroy hedges) to be used and consumed in and upon the same premises and not elsewhere. Except and always reserved out of this present demise unto the said Charles Cholmondeley his heirs and assigns all Timber Trees and other Trees now growing or hereinafter to grow in or upon the said premises and all mines and minerals of what nature or kind soever and all springs of salt and brine with free liberty ingress egress and regress to and for the said Charles Cholmondeley his heirs and assigns his and their agents sevants and workmen to fall drop cut coard [cord] coal dig take and carry away the said wood trees mines springs and veins or to work and use the same upon the said premises paying or allowing nevertheless unto the said John Ollier party to these presents his heirs and assigns reasonable satisfaction for all such trespass as shall from time to time be done to the said premises by working and using such woods trees mines springs and veins thereupon and also except full and free liberty power and authority to and for the said Charles Cholmondeley his heirs and assigns to hawk hunt course ferret fish and fowl in or upon the said premises at his and their will and pleasure. To have and to hold the aforesaid messuage and tenement lands and all and every the before herein mentioned and intended to be hereby demised premises with there and every of there appurtenances (except as before excepted) unto the said John Ollier the Younger (party to these presents) his heirs and assigns from henceforth for and during the natural lives of the said John Ollier the Elder the said Susannah the wife of the said Joseph Wilcoxon and of Elizabeth daughter of Thomas Maddock of Marton aforesaid yeoman and for and during the natural life of the longest liver of them. To all manner of tennantly profits and commodities whatsoever wilful and permissive wast excepted. Yielding and paying therefore yearly and every year during the said term unto the said Charles Cholmoneley his heirs and assigns the rent or sum of sixteen shillings and four pence of lawful money of Great Britain at or upon the feast days of the Annuntiation of the Blessed Virgin Mary and St. Michael the Arch Angel yearly by equal portions and also two hens at Shrovetide yearly or one shilling in money in leiu thereof and one well fed capon at Christmas yearly or one shilling in money in leiu thereof one days work yearly with a sufficient team and driver or five shillings six pence in money in leiu thereof and two days work with an able labourer at such lawful work as shall be appointed or one shilling in money yearly in leiu thereof and one good cartload of coals yearly or seven shillings in money in leiu thereof during the said term all which said boons and averages or moneys so received in leiu thereof shall be yearly performed or paid as the said Charles Cholmondeley his heirs and assigns shall elect and choose and also yielding and paying five pence yearly when demanded for liberty of getting hays turves upon the Broad Heath and further yielding and paying at the death of the said John Ollier the Younger and of every other person and persons dying principal tennant of the said hereby demised premises or any part thereof by virtue of these presents his her or their best beast or other best good or four pounds of lawful money in leiu thereof at the choice of the said Charles Cholmondeley his heirs and assigns for and in the name and full satisfaction of an Herriot and further also yielding paying and performing to and for the said Charles Cholmondeley his heirs and assigns all such other boons averages duties customs and services as others the tennants of the said tenements of the like rent or value with the premises hereby demised or thereabouts. And the said John Ollier the Younger (party to these presents) for himself his heirs and assigns doth covernant promise and agree to and with the said Charles Cholmondeley his heirs and assigns by those present that the said John Ollier (party to these presents) his heirs and assigns shall and will from time to time and at all times during the said term and estate hereby granted well and truly pay and perform or cause to be paid or performed to and for the said Charles Cholmondeley his heirs and assigns the said yearly rent and all other the boons averages duties herriots and services herein before mentioned when and as the same or any of them by virtue of those present shall become due and payable. And shall and will from time to time repair maintain and keep the said hereby demised premises and evry part thereof in good and sufficient repair and order during the said term and at the end thereof in such order and repair shall and will deliver up peaceable posession thereof to the said Charles Cholmondeley his heirs or assigns. And further shall and will upon the usual summons in that behalf do and perform suit and service to the courts of the said Charles Cholmondeley his heirs and assigns to be holden and kept in and for the Lordship of Over in the said County of Chester when and as often as any court or courts shall be there held and kept without wittingly or willingly bringing or calling in question any rights or priviledges of the said court upon pain of forfeiting this present indenture of lease. And also shall and will grind all his and their corn grain malt and grist which during the said term shall be spent or consumed in or upon the said premises at the will of the said Charles Cholmondeley his heirs and assigns in the Lordship of Over aforesaid and shall and will pay the toll as other persons grinding there shall pay. And shall and will keep and maintain for the said Charles Cholmondeley his heirs and assigns one sound Greyhound Spaniel or other dog when thereunto required during the said term. Provided always and it is hereby declared and agreed by and between the said parties that if the said rent hereby reserved or any the boons averages herriots duties and sevices herein before mentioned shall be behind unpaid or not performed by the space of twenty days next after any of the said feast day or times whereat or whereon the same or any of them (according to the true intent and meaning of these presents) ought to be paid or performed (being lawfuly demanded) and no sufficient distress or distresses can or may be found in or upon the said premises hereby demised to satisfy the same then it shall and may be lawful to and for the said Charles Cholmondeley his heirs and assigns upon the said premises to keen [shout] for and the same to have again reposess and enjoy as in his former estate anything contained herein to the contrary thereof notwithstanding Provided likewise and it is further agreed that if the said John Ollier the Younger or his heirs do or shall at anytime hereafter set let or assign the said hereby demise premises or any part or parts thereof to or to the life of any person or persons (save to or to the life his or their wife and wives child or children respectively) for any longer term or terms than for the term or terms of seven years in possession and not reversion without the licence and consent of the said Charles Cholmondeley his heirs or assigns in writing under his or their hands first had & obtained Then and in such case it shall and may be lawful to and for the said Charles Cholmondeley his heirs and assigns into and upon such part or parts of the said premises to (without licence) set let or assigned to keen for and the same to have again repossess and enjoy as in his former estate anything herein to the contrary thereof contained in anywise notwithstanding. And the said Charles Cholmondeley for himself his heirs and assigns doth covenant promise and grant to and with the said John Ollier the Younger (party to these presents) his heirs and assigns that the said John Ollier the Younger his heirs and assigns (under and subject to the said yearly rent and other the boons averages duties herriots and sevices herein before mentioned and reserved) shall and may peaceably and quietly have hold and enjoy the said hereby demised premises and the rents and profits thereof shall and may receive and take to his and their own life for and during all the term and estate hereby granted without any let suit trouble or disturbance of or from the said Charles Cholmondeley his heirs or assigns or any other person or persons claiming under him them or any of them. And lastly the said Charles Cholmondeley hath constituted and made and by these presents doth contitute and make in his stead put and appoint Thomas Walker of Vale Royal aforesaid Gent. and John Holland his true and lawful Attorney hereby authorizing them or either of them for him and his name into the said messuage tenement and premises hereby demised or any part thereof to enter and posession thereof or any part thereof in the name of the whole to take and afterwards like posession thereof to give abd deliver to the said John Ollier the Younger or to his attorney in that behalf lawfully authorized To hold to the said John Ollier the Younger and his heirs according to the true intent and meaning of these presents hereby ratifying confirming all and whatsoever his said Attorneys or either of them shall lawfully do or cause to be done in the premises. In witness whereof the said parties have hereunto interchangeably set their hands and [..?.. partly missing, can not read ..?..]
Charles [Seal]Cholmondeley [Signed]
End.
The reverse side of the document reads thus:
Memorand Before the sealing and delivery of these presents it is declared and agreed and the said Charles Cholmondeley for encouragement of planting and selling timber trees and other trees in and upon the within mentioned to be demised premises doth for himself his heirs and assigns covernant and promise to and within named John Ollier the Younger his heirs and assigns that he the said John Ollier the Younger his heirs and assigns shall and lawfully may claim have and take to his and their own use one moiety or equal half part of all such timber trees and other trees which having been planted and set in or upon the said premises by the said John Ollier the Younger his heirs or assigns shall during the continuance of the within written indenture of lease be fallen or cut down by the said Charles Cholmondeley his heirs and assigns, And if at the expiration of the term granted by the within lease any such timber trees or other trees so planted or set as aforesaid shall be left growing or standing on the said premises then the said Charles Cholmondeley his heirs and assigns shall and will pay or allow to the said John Ollier the Younger his heirs and assigns or their executors or administrators the full half value of all such trees so left growing or standing as aforesaid The same to be rated and valued by two sufficient persons indifferently to be chosen Any thing within contained to the contrary in anywise notwithstanding. And then these presents were sealed and delivered in the presence of
Thomas Robinson [Signed]
John Holland [Signed
November the 13th 1730
Received from John Ollier the Younger (party to the within written indenture of lease) the sum of Fifty Pounds in full of the consideration money within mentioned ----------£50: 0s: 0d. by me Charles Cholmondeley [Signed]
Signed in presence of
Thomas Robinson [Signed]
John Holland [Signed
Memorand I Thomas Walker one of the Attorneys within mentioned and named by virtue of the warrant or letter of Attorney within contained and the authority to me thereby given did this day enter into the messuage or dwelling parcel of the within mentioned to be demised premises and posession thereof in the name thereof and for all the said premises did take and afterwards like posession thereof in the names thereof and all the said premises did deliver unto the within named John Ollier the Younger to hold according to the terms purpose, true intent and meaning of the within written lease witness my hand the Thirteenth day of November Anno Dom. 1730. Thomas Walker [Signed]
In presence of
John Young [Signed]
Thomas Maddock [Signed]
I the within named Charles Cholmondeley do consent that the within named John Ollier the Younger may assign the within mentioned premises for his life [?] and subject to [..?..] [..?..] [..?..] and tenents [?] within mentioned [?] by way of mortgage for securing any money he shall have occasion to borrow at interest so as his farthers [?] annuity or rent charge of five pounds payable out of the same yearly for his life be not thereby prejudiced as witness my hand the Twenty Third Day of October 1741.
Charles Cholmondeley [Signed]
Signed in presence of
Thomas Gorste [Signed]
End.
John Ollier the Younger was the Gt. Grandson of John Ollier & Susannah Lockit, and the son of John the Elder & Mary, the above Indenture was written just four days before John married Elizabeth Maddocks. Nice piece of history!
From St. Mary's Whitegate Church Wardens Accounts (courtesy of Sandy):
November 24th 1735 John Ollier paid 1 shilling for a fox head.
8th June 1736 John Ollier paid 2 shillings for 2 foxes.
11th June 1736 John Ollier paid 1 shilling for fetching the gates.
21st December 1752 (Annually) through to 21st December 1756 John Ollier paid poor money (2 Shillings to Four Shillings)
21st December 1757 (Annually) through to 21st December 1760 John Ollier & Children paid poor money ( 2 shilings & 6 pence to 4 shillings)
Note: The above was almost certainly paid to John the Elder.
21st December 1761 John Ollier & girl paid poor money (2 shillings & 6 pence and 3 shillings)
21st December 1763 & 1764 Ollier's girl paid poor money (2 shillings in each case)
Note: the above was almost certainly paid to John Ollier the Younger, a party to the above Indenture of Lease.
The Ancestors of Charles Ollier - Author & Publisher of London
The Family of Charles Ollier - Author & Publisher of London
The Ancestors of Richard Ollyer (Ollier) - Brewer of Holborn London