Lease - Richard Henry Lee to Humphrey Arnold

May 20, 1772

Source: Fauquier County, Virginia, Deed Book 5, p. 60-64

View Image (520 kb) >>

This indenture, made the twentieth day of May in the year of our Lord one thousand seven hundred and seventy two between Colonel Richard Henry Lee of Westmoreland County of the one part & Humphrey Arnold of the County of Fauquier of the other part.

Witnesseth that the said Richard Henry Lee, for and in consideration of the rents, reservations & covenants herein after mentioned and reserved on the part and behalf of the said Richard Henry Lee, his heirs and assigns, to be paid and performed, hath demised, leased & to farm letter and by these presents doth demise, lease & to farm lett unto the said Humphrey Arnold all that tract or parcel of land with the appurtenances situate, lying & being in the parish of Hamilton in the county of Fauquier now in the tenure and occupation of the said Humphrey Arnold, containing by survey one hundred and forty one acres of land and bounded as followeth, to wit.

Beginning at a white oak and stone corner of the main tract, standing about four poles from Turkey Run & corner to John Hathaway, then with his line No. 89½ W 32 poles to a white oak corner to Hathaway and Taylor, thence leaving Hathaway and running with Taylor, the course continued in all 70 po. to a white oak, another corner of Taylor, then running with Taylor & Arnold So. 30 W 188 po. to a stone in Turkey Run old ____ corner to Arnold in the line of Joseph Jeffries, thence with his line So. 81½ E 157 po. to two hickorys, corner to Joseph Jeffries, then leaving Jeffries and running with a line of the original tract No. 12 W 178 po. to the beginning, together with all the profits, commodities& appurtenances to the same, belonging or in any wise appertaining.

To have and to hold the said tract or parcel of land with the appurtenances above granted and every part and parcel thereof unto the said Humphrey Arnold, his heirs and assigns, for and during the natural lives of the said Humphrey Arnold and Anne Arnold his wife & Benjamin Arnold and during the natural life of every and either of them longest living, yielding & paying therefore yearly and every year during the said term unto the said Richard Henry Lee, his heirs, executors, administrators or assigns, the sum of seven pounds, nine shillings & three pence lawful money of Virginia, which payment well & truly to be made is to begin on the first day of October ____ ensuing the date of this indenture over and above the quit rents and taxes that is or may be payable for the same hereby demised premises, but if it shall happen that the said reserved rent of seven pounds, nine shillings & three pence and the quit rents be behind and unpaid by the space of thirty days next after every first day of October on which the same ought to be paid as aforesaid being lawfully demanded and if the land tax that may be lawfully required for the same be not also paid as the law may require, that then and from thenceforth it shall be lawfull for the said Richard Henry Lee, his heirs, executors, administrators & assigns into and upon the said demised premises or any part thereof in the name of the whole to ____ and the same to have again repossess & ____ as in his or their other former estate or right anything herein contained to the contrary in any wise notwithstanding and the said Humphrey Arnold, for himself, his heirs and assigns doth covenant and grant to and with the said Richard Henry Lee, his heirs, executors, administrators & assigns, that he the said Humphrey Arnold for himself, his heirs and assigns, doth covenant & grant to and with the said Richard Henry Lee, his heirs, executors, administrators & assigns that he the said Humphrey Arnold for himself, his heirs & assigns shall and will well & truly pay or cause to be paid unto the sd. Richard Henry Lee, his heirs, executors, administrators & assigns the said yearly rent above mentioned & reserved on the day & in the manner and form above expressed according to the true intent and meaning of these presents.

And also that the said Humphrey Arnold, his heirs and assigns, at his and their proper costs and charges hath and will from time to time and at all times during the said term, well & sufficiently repair, maintain, sustain & keep the said premises hereby demised and every part and parcel thereof, with the appurtenances in and with all manner of needfull & necessary reparations and amendments whatsoever, when and as often as need shall require and the same so well & sufficiently repaired, maintained, sustained & kept shall & will at the expiration or sooner determination of this lease, peacably & quietly surrender leave & yield the hereby demised premises unto the said Richard Henry Lee, his heirs, executors, administrators and assigns or any of them & also that neither he the said Humphrey Arnold, his heirs or assigns or any of them shall or will at any time hereafter during the said term commit or suffer or cause to be committed, suffered or done any manner of waze in or upon the said premises or any part thereof nor shall cut down, sell, take, carry away or destroy any of the timber trees standing on or being ____ ____ shall ____ stand on or be in or upon the hereby demised premises or any part thereof except for the necessary uses of the plantation and that he the said Humphrey Arnold, his heirs or assigns shall within the space of two years after the date hereof build upon the hereby demised premises a good framed dwelling house sixteen feet square at the least and a good clapboard or plank tobacco house or barn twenty four by twenty feet wide and work no more than after the rate of three tithable persons and an ____ for each hundred acres.

And also plant within one year from the date hereof one hundred Winton apple trees at least forty feet every way distant each from the other and keep that number at least during the continuance of this demise well trimmed, pruned, fenced in and secured from horses, cattle & other creatures.

And further that he will also within the term of two years inclose and secure two acres of the lower swampy land under a good & sufficient fence and prepare and sow the same in good Timothy Meadow and keep the same in good order of meadow untill the determination of this lease and the said Humphrey Arnold, his heirs and assigns doth further covenant & agree to and with the said Richard Henry Lee, his heirs, executors, administrators and assigns that the said Humphrey Arnold, his heirs and assigns will leave standing in some convenient part of the above granted premises and in one body at least twenty six acres of woods untouched, which woods shall remain and be held as a future support of the plantation or farm at the expiration or future determination of this lease.

And the said Humphrey Arnold, his heirs and assigns doth further covenant with the said Richard Henry Lee, his heirs, executors, administrators and assigns that he or they will not sell or assign this lease to any person or persons whatsoever without first giving the refusal thereof to the said Richard Henry Lee, his heirs, executors and assigns.

And the said Richard Henry Lee for himself and his heirs doth covenant and grant to and with the said Humphrey Arnold, his heirs and assigns that the said Humphrey Arnold, his heirs and assigns paying the yearly rents hereby reserved and performing the covenants which on this or their parts are or ought to be kept according according to their agreement herein before mentioned and contained shall and may from time to time and at all times during the continuance of this demise peacefully and quietly have hold, use, occupy, possess and enjoy the premises aforesaid with the appurtenances without the ____ hinderance, molestation or interruption of the said Richard Henry Lee or any person or persons claiming by, from or under him.

In witness whereof, the parties to these presents have set their hands and seals the day & year first above written.

Richard Henry Lee
Humphrey Arnold

Signed, sealed and delivered in the presence of

Jos. Blackwell
Martin Pickett
Randolph Spicer

At a court held for Fauquier County the 25th day of may 1772, this indenture was proved by the oaths of Jos. Blackwell, Martin Pickett and Randolph Spicer, witnesses thereto and ordered to be recorded.

Teste H. Brooke