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Help and advice for Clovelly Indenture - Cary and Lyle

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CLOVELLY INDENTURE 1690

Lease of William Cary to John Lyle, both of Clovelly, of land in Clovelly

PRO reference C 104/267, Bundle 43

Transcribed by

Elizabeth Howard

Made available in GENUKI by permission of The National Archives

This Indenture made the 20th day of March in the year of our Lord God 1690 in the third year of the Reigne of our soveraigne Lord and Lady William and Mary by the grace of God, King and Queen of England Scotland France and Ireland , etc Between William CARY of Clovelly in the county of Devon esq of the one part and John LYLE of Stulworthy within the parish of Clovelly afsd yeoman of the other part Witnesseth that the said William for and in consideratin of the sum of two and fifty pounds of lawfu money of England to him payd and performed to be payd bu the said John LYLE at and before the sealing and deliverie of their partes whereof and wherewith the said William do hereby acknowledge himself fully satisfied HATH demised leased granted and by their presents doth demise, lease and grant unto the said John LYLE all those two tenements or aristments with the appurtenances called or commonly known by the several name or names of Pollards Downe and Claw Parke situate or being in the parish and manor of Clovelly in the co of Devon afsd late in the possession or occupation of George COOKE deceased his assign or assigns TO HAVE and to hold the said two tenements and ended if Richard LYLE and Mary LYLE the son of daughter of Richard LYLE of Clovelly afsd yeoman and Richard PEARSE the son of Richard PEARSE of Hartland in ye said county yeoman or any or either of them do or shall so long happen to live YEILDINGE and paying therefore yearly unto the said William CARY his heirs and assigns eight shillings of lawful money of England at four ye principal feasts of the year for payment of rent (that is to say at the feast of the Nativity of St John the Baptist St Michael thearchangell the birth of our Saviour Christ and the Annunciation of our blessed lady Mary the virgin by even and equall portions during the said term ) AND also yeilding and paying unto the said William CARY his heirs and assigns upon and after the death of either of them the said Richard LYLE and Mary LYLE the son and daughter and Richard PEARSE the son the best beast of the said John LYLE his executors and admrs or assigns or three pounds and ten shillings of lawful money of England in lieu thereof at the choyce and election of the said William CARY his heirs and assigns for and in the name of a heriot or for live PROVIDED that living the said Richard LYLE the son nothing to be payd for a hoeriote by or after the death of the said Mary LYLE and Richard PEARSE the son or either of them nor by or after the death of the said Richard the son living the said Mary AND also yeilding and paying unto the said William CARY his heirs and assigns one capon yearly during the said terme at the feast of the birth of our Saviour Christ or twelve pence in lieu thereof AND also doing suite or service yearly to two law day courts of the said William CARY and of his heirs that shall be holden and kept within his or their manor of Clovelly upon any reasonable warning thereof before hand as other the Ten`nts of the said Manor there or have accustomed to do during the said term And shalll also content and pay unto the said William CARY and his heirs all such reasonable fines paines and amerciaments as shall be on the said John LYLE his executors set or imposed by the Court or Courts of the said manor during the said term ....AND if it happen that the said yearly rent of eight shillings or the said Capon to be behind and unpayd in part or in all by the space of one month next after any of the said feasts wherein the same ought to be paid ....THAT then and from thenceforth it shall and maybe lawfull to and for the said William CARY his heirs ..to Reenter and the same to have and again repossess and injoy as in his or their former estate This indenture of any thing herein contained to the contrary in any wise not withstanding AND the said William CARY for himself his heirs and executors dothe covenente demise and grant unto and with the said John LYLE ...that he the said John LYLE his executors by and under the said yearly rent ..during the said term shall or may have without ..disturbance of the said William CARY his heirs or of any other person whatsoever IN WITNESS whereof the said presents to this present interchangeably their hands and seals have set the day and year above written.
The mark of John LYLE

Brian Randell, 22 Jan 2004