Building lease for a mill at Eling, Hampshire
The manor of Eling, Hants., formed part of the original endowment Winchester College in 1385. A manorial corn-mill had anciently stood on a causeway crossing a tidal inlet at the head of Southampton Water, and the mill-wheels were driven by the ebb and flow of the tide to and from a reservoir formed by the causeway. This causeway and mill had long been in ruin and it was not until about 1415 that the Warden and Fellows, as Lords of the Manor, began to seek a means of arranging for rebuilding (T. F. Kirby, Annals Winchester College, (1892), 186-7). The building lease granted survives as an original and as a counterpart, the date being given as Christmas Day 1418 in the counterpart but as 1417 over an erasure in the lease (Winchester College Muniments nos. 26454-55). Below is an English abstract from the Latin original. [Eling Tide Mill was rebuilt again subsequently is still working today.]
This
indenture made between Robert Thurbern Warden of the College called Seint
Marie College of Wynchestre
near the City of Winchester on
the one part and Thomas Midlyngton burgess of the town of Southampton
on the other part witnesses that the foresaid Warden by assent and
consent of the fellows and scholars of the same College has let granted
and demised to the foresaid Thomas all the site or ground with the pond
and fishing adjoining on which of old the mill of Eling was set to have
and to hold the whole ... to the foresaid Thomas his heirs and assigns
from the day of the making of these presents to the end of the term of
fifty years then next following ... And the foresaid Thomas his heirs
or executors upon the said site or ground shall cause to be made anew
at their own costs and expenses within two years now next following a
good and competent watermill with all and singular necessaries that
belong and are needful to such a mill together with a good and
sufficient house competently covered with sclattes shingels
or reede
the foundations and walls of which mill on all sides
shall be of hewn stones sufficiently laid and set with lime and sand
both inside and out which walls shall be of competent thickness and so
high that the sea at full flood shall not overflow the foresaid walls
Rendering thence yearly after the first year of the foresaid term of
fifty years to the foresaid Warden and his successors at the feast of
the Lord's Nativity 13 shillings and 4 pence during the foresaid term
And the foresaid Warden or his successors shall pay to the same Thomas
his heirs or executors in aid of the making of the foresaid works 20
marks [£13.6s.8d.] within the four first years after the building and
final construction of the mill and of the foresaid works namely in each
year at the feast of the Lord's Nativity 5 marks sterling without
further delay and to this the foresaid Warden binds himself and his
successors by these presents the which mill with all its necessaries
when it shall have been built the foresaid Thomas his heirs and
executors or assigns shall well and competently sustain maintain and
repair from year to year and from time to time at their own costs and
expenses during the foresaid term of fifty years and at the end of the
same term shall render it up well and competently repaired with all its
necessaries in good and competent state so that it may in all
likelihood last for seven years then immediately following after the
said term of fifty years le Goynggere
[going gear]
through sudden fire hostile invasion and reasonable use however
excepted And if it shall happen that the foresaid rent ... should be in
arrear wholly or in part for twenty-six weeks after the foresaid feast
of the Nativity ... and shall be publicly demanded or the repair and
due maintenance of the said mill with all its necessaries for
twenty-six weeks after being required ... then it shall be lawful for
the said Warden ... to re-enter ... and take back into his hands and
possess it in peace this lease notwithstanding And the foresaid Warden
and his successors warrant to the foresaid Thomas ... the foresaid site
or ground with the pond and fishing adjoining ... against all people
during the foresaid term Moreover the foresaid Thomas considering that
a certain causeway and bridges in the same causeway for footmen and
horsemen built of old lying between Eling and Totton has long been
broken down and left in disrepair by the flow of the sea and by great
storms to the serious damage of the people there passing across whose
building and repair as it is said were wont to be made by the alms of
the people of that country from a time beyond memory has to the honour
of God by reason of charity of his own motion on behalf of the
salvation of his soul and of the soul of Margaret late his wife and of
the souls of their parents friends and benefactors granted and promised
to make anew and repair the foresaid Causeway sufficiently for footmen
and horsemen within two years next following after the date of these
presents without placing timber in the same unless in places where
timber must needs be placed so that the said Causeway according to
human discretion shall be likely to last for a hundred years now to
come Provided only that the workmen and craftsmen hired by the foresaid
Thomas to make the foresaid works of the mill and of the foresaid
Causeway be not arrested by the officers of the lord King or hindered
or removed from that work and he shall not be able to find other
workmen and craftsmen to make and complete those works within the
foresaid two years from this cause then the same Thomas shall make and
in all things complete the foresaid works in as short a time as he can
And the foresaid Warden has granted for himself and his successors to
the foresaid Thomas ... in aid of the repair and making of the foresaid
Mill and Causeway licence to dig and take clay and sand sufficient
within the soil of the manor of Eling where it may seem most convenient
to the foresaid Thomas
In witness of which to the part of this indenture remaining with the foresaid Warden the foresaid Thomas has set his seal and because the seal of the foresaid Thomas is to many unknown the seal of the Mayoralty of the town of Southampton at the special request of the same Thomas is set to the same part and to the part of this indenture remaining with the foresaid Thomas the foresaid Warden by the assent and consent of the foresaid fellows and scholars has set their common seal to these presents Given in the foresaid College on the feast of the Lord's Nativity in the year of the reign of King Henry the fifth after the conquest of England the sixth and A. D. 1418.
Reproduced from John H. Harvey, Sources for the History of Houses, British Records Association (1972), pp.48-50.