Indenture between Sir Richard Bampfylde Bt. and William Passmore 1773

Counterpart Lease for Lives of Kingdon's Tenement, North Radworthy, North Molton, Devon
from Sir Richard Bampfylde Bt. to William Passmore, 25 March 1773

Transcribed from a photocopy of the original in NDRO (ref. 2309-3/15/4) by Desmond Painter with advice from Tim Wormleighton.

This Indenture made the twenty fifth Day of March in the thirteenth Year of the Reign of his Majesty King George the third And in the Year of our Lord God one thousand seven hundred and seventy three Between Sir Richard Warwick Bampfylde of Poltimore in the County of Devon Baronet of the one part and William Pasmore late of Northmolton but now of Bishops Nympton in the said County Yeoman of the other part Witnesseth That for and in Consideration of the sum of three hundred and fforty pounds of lawfull Money of Great Britain to the said Sir Richard Warwick Bampfylde in hand paid by the said William Pasmore at or before the Sealing and Delivery of these Presents, The Receipt whereof he the said Sir Richard Warwick Bampfylde doth hereby acknowledge and thereof and of and from every part thereof doth acquit release and discharge the said William Pasmore his Exec^ors Adm^ors for Ever by these Presents And also in Consideration of the Rent Reservations Covenants and Agreements hereinafter mentioned on the part and Behalf of the said William Pasmore his Exec^ors Adm^ors and Assigns to be paid performed and kept He the said Sir Richard Warwick Bampfylde Hath demised leased and to ffarm let And by these Presents Doth demise lease and to ffarm let unto the said William Pasmore his Exec^ors Adm^ors and Assigns All those several Houses Gardens Closes and Parcells of Land Heads and Pasture Common of Pasture and Woods being the Moiety or Halfendeal of one Messuage and Tenement Situate lying and being in North Radworthy within the Parish of Northmolton aforesaid and hereinafter particularly mentioned and expressed, that is to say: The Hall and the Shippen thereunto next adjoining the higher Barn and the higher and lower Linneys, the lower End of the Backside and the Garden belonging to the same the three Rigby Parks the three broad Parks and the North Parks, the two broad Meadows, the two Closes above the House, together with their Moiety of the Woods and Common of Pasture belonging to the said Messuage and Tenement containing in the whole by Estimation fifteen Acres of Land, be the same more or less, All which said Premes were late in the Possession of Richard Kingdon deceased and by an Indenture of Lease dated the fourth Day of July one thousand and seven hundred were demised unto William Kingdon his late deceased Father by John Sandford Esquire deceased for a certain Term of Years which expired on the Death of the said Richard Kingdon deceased (Except and always reserved out of this present Lease unto the said Sir Richard Warwick Bampfylde his Heirs and Assigns All and all manner of Timber Timber like Trees Standels Saplings and Plants of Oak Ash Beech and Elm and all other Trees whatsoever And also all Mines and Quarrys of Copper Iron Stone Clay and all other Mines Minerals Rocks and Quarrys open or not open of what Nature Kind or Quality soever which now are or hereafter shall be in or upon the said Premes with full Liberty at all Seasonable Times to dig and work in such Mines Quarrys and Rocks and to erect any Houses and Engines for that purpose and to take and carry away the Produce thereof And also to cut down take and carry away all such Trees as aforesaid and also Except the Royalty and all casual Profits happening on the Premes or any part thereof To have and to hold all and Singular the said Premes hereby demised with the Appurtences (Except before excepted) unto the said William Pasmore his Exec^ors Adm^ors and Assigns from henceforth for and during and unto the full end and Term of ninety nine Years hence next ensuing and fully to be compleat and ended If Elizabeth Pasmore Aged about sixteen Years Edmund Pasmore Aged about nine Years and John Pasmore aged about seven Years (Daughter and Sons of the said William Pasmore) or any or either of them shall happen so long to live Yielding and paying therefore Yearly and every Year during the said Term hereby granted unto the said Sir Richard Warwick Bampfylde his Heirs and Assigns the Annual Rent or Sum of two Pounds and two Shillings of lawful Money of Great Britain (ffree and clear of and from all Rates Taxes Assessments and other Outgoings whatsoever) at the four most usual ffeasts or Days of payment of rent in the Year, that is to say, Midsummer Michaelmas Christmas and Lady Day by even and equal portions And also Yielding and paying upon and immediately after the several Deaths of each and every of them the said Elizabeth Pasmore Edmund Pasmore and John Pasmore the best Beast of him the said William Pasmore his Exec^ors Adm^ors or Assigns or the Tenant or Occupier of the said Premes for the Time being or the Sum of three Pounds of like lawfull Money as aforesaid in lieu thereof at the Election and Choice of the said Sir Richard Warwick Bampfylde his Heirs or Assigns for and in the Name of an Heriot or ffarlieu Provided Nevertheless that living the said Elizabeth Pasmore no such heriot or money in lieu thereof shall be due or payable on the death of the said Edmund Pasmore And living the said Elizabeth Pasmore and Edmund Pasmore or either of them no such Heriot or Money in lieu thereof shall be due or payable in respect of the Death of the said John Pasmore and also doing Suit and Service to all the Courts of the said Sir Richard Warwick Bampfylde his Heirs and Assigns that during the said Term shall be holden and kept for and within the Manor of North Radworthy aforesaid upon reasonable Summons or Notice thereof as other Tenants of the same Manor there do or have used or ought to do And standing to observing and performing all the reasonable Orders Rules Customs and Usages whatsoever of the Courts and paying all such reasonable ffines Pains Penaltys fforfeits and Amercements or Sums of Money in the Nature thereof or of any of them as shall be reasonably imposed on him them or any of them for any Neglect or other just Cause and also paying doing and performing from Time to Time and at all Times during the said Term hereby granted all and all manner of Rates Taxes Offices Dutys Customs Suits and Services with which the said Premes or any part thereof or the Occupier thereof for the Time being is are or shall or may be by Law chargeable with or liable to and also doing Suit and Service to one or other of the Mill or Mills of the said Sir Richard Warwick Bampfylde his Heirs or Assigns within the Manor of Northmolton aforesaid by grinding there all such Corn Grain and Malt as during the said Term shall be consumed made use of or spent ground in or upon the said demised Premes or any part thereof And the said William Pasmore for himself his Heirs Exec^ors and Adm^ors doth hereby Covenant Promise and Agree to and with the said Sir Richard Warwick Bampfylde his Heirs and Assigns That he the said William Pasmore his Exec^ors Adm^ors and Assigns shall and will during the said Term hereby granted well and truly pay or cause to be paid the said Yearly Rent and the said Heriot And also pay do and perform all other Payments Services and Things hereinbefore mentioned or reserved at the respective Times when and manner as the same is or are hereinbefore respectively reserved and made payable according to the Intent and Meaning of these Presents and also that he the said William Pasmore his Exec^ors Adm^ors and Assigns shall and will at his and their proper Costs and Charges from Time to Time and at all Times during the said Term hereby granted well and sufficiently repair uphold maintain amend and keep in good and sufficient Repair all the said demised Premes and every Part and Parcell thereof in every respect whatsoever and at the End or other sooner Determination of the same Term all the said Premes thus repaired shall and will peaceably and quietly leave and yield up unto the said Sir Richard Warwick Bampfylde his heirs or Assigns for and towards Repairing the Houses and Buildings and the Gates Bars and Styles of and belonging to the said Demised Premes it is hereby declared and agreed by the said Sir Richard Warwick Bampfylde his Heirs or Assigns that sufficient Timber where Timber shall be necessary shall from Time to Time be assigned and delivered out of the Timber growing on the said Premes (if so much can there be found) by him the said Sir Richard Warwick Bampfylde his Heirs or Assigns or by his or their Bailiff or Agent to that purpose appointed and not otherwise and also competent ffirebote ffrith and Stakes of the parings of the Hedges and Underwoods and Shroudings of the Trees that have heretofore been usually shrouded (to be used on the said demised Premes but not elsewhere) freely to take without such Delivery doing or committing no Waste Spoil or Destruction therein or thereby Provided always and these Presents are upon this Condition That if the said Yearly Rent Heriots or other Payments or Things hereby reserved or either of them or any part of either of them shall be behind and unpaid by the space of twenty eight Days next after the same shall respectively become due and payable by Virtue of these Presents (being lawfully demanded) and no sufficient Distress or Distresses can or may be found within or upon the said demised Premes whereby the same with the Arrearages thereof (if any shall be) and reasonable Costs and Charges of Distress can or may be levied or if the said William Pasmore his Exec^ors Adm^ors or Assigns shall at any Time or Times during the said Term permit the said demised Premes or any part thereof to become ruinous or fall into Decay or shall do commit or permit to be done on the said demised Premes or any part thereof any Waste Spoil or Destruction or any other Thing whereby the said Premes or any part thereof shall in any wise be damaged And shall not sufficiently repair the same Premes or make full Satisfaction for such Waste Spoil or Destruction or other Damages within three Months next after Notice given to him or them or Notice left in Writing for him or them at the said demised Premes with some Person there inhabiting or if the said William Pasmore his Exec^ors Adm^ors or Assigns shall at any Time or Times during the said Term hereby granted assign demise Set let or grant the said demised Premes or any part thereof to any Person or Persons whatsoever without the special Licence or Consent of the said Sir Richard Warwick Bampfylde his Heirs or Assigns in Writing under his or their Hand or Hands thereto first had and obtained That then and from thenceforth in any or either of the Causes aforesaid it shall and may be lawfull to and for the said Sir Richard Warwick Bampfylde his Heirs or Assigns into the said demised Premes or into any part thereof in the Name of the whole to re-enter and the same and every part thereof to have again repossess and enjoy as in his or their first and former Estate (Any Thing herein contained to the contrary thereof in any wise Notwithstanding) Provided always and it is hereby mutually Covenanted Concluded and expressly Agreed upon by and between the said Partys to these Presents That if it shall not be made to appear clearly unto the said Sir Richard Warwick Bampfylde his Heirs and Assigns or his or their Steward for the Time being (and that by the Oaths of two credible Persons if required) within the space of six Calendar Months next after any Notice requiring the same at any Time or Times dutring the said Term hereby granted by or from him them or any or either of them given to or left in Writing at the said demised Premes for the said William Pasmore his Exec^ors Adm^ors or Assigns That they the said Elizabeth Pasmore Edmund Pasmore and John Pasmore or such of them as shall be named in such Notice was or were within the space of one Month then last past living and where inhabiting or where or when she he or they being Dead did dye Then and in such case they the said Elizabeth Pasmore Edmund Pasmore and John Pasmore or such of them as shall be named in such Notice last mentioned shall be deemed and taken to be naturally dead, Any Law Statute or Usage to the Contrary Notwithstanding And the said Sir Richard Warwick Bampfylde for himself his Heirs and Assigns doth hereby Covenant and Grant to and with the said William Pasmore his Exec^ors Adm^ors and Assigns That he the said William Pasmore his Exec^ors Adm^ors and Assigns shall or lawfully may (under the Rent Reservations Covenants Conditions and Agreements hereinbefore mentioned and contained) from Time to Time and at all Times during the said Term hereby granted determinable as aforesaid peaceably and quietly have hold occupy possess and enjoy all and singular the said Premes hereby demised with the Appurtences (Except before excepted) without any lawfull Act Suit Trouble Interruption or Denial of or by him the said Sir Richard Warwick Bampfylde his Heirs or Assigns or of or by any other Person or Persons claiming or to claim by from or under him them or any or either of them In Witness whereof the said Partys to these Presents have hereunto Interchangeably set their Hands and Seals Dated the Day and Year first above written

Rich^d War^k     L.S.      Bampfylde

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