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Counterpart Lease of land at Praunsley, Twitchen from Anna Maria Throckmorton to William Passmore 29 September 1778

Transcribed from photocopies and digital images of the original at the Shakespeare Centre Library and Archive (Ref DR5/765) by Desmond Painter

Published in GENUKI by kind permission of the Shakespeare Centre Library

This Indenture made the twenty ninth day of September in the Eighteenth year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain ffrance and Ireland King Defender of the ffaith and so forth and in the year of our Lord One Thousand seven hundred and seventy eight Between Anna Maria Throckmorton of Weston Underwood in the County of Bucks Widow (and Relict of George Throckmorton late of Weston Underwood aforesaid Esquire decd) and William Passmore of North Moulton in the County of Devon Yeoman of the other part Witnesseth that the said Anna Maria Throckmorton for and in consideration of the sum of ffifty pounds of lawful money of Great Britain unto the said Anna Maria Throckmorton in hand at or before the Ensealing and Delivery of these presents well and truly paid the Payment and Receipt whereof is hereby acknowledged and thereof and therefrom and of and from every part and parcel thereof the said Anna Maria Throckmorton doth acquit release and discharge the said William Passmore his Excors Admors and Assigns and every of them for ever by these presents and also in consideration of the yearly Rents Reservations Heriots Covenants Conditions Powers of Reentry and Agreements hereinafter on the Lessees part stipulated to be yielded paid observed and performed Hath demised and Granted and by the presents the said Anna Maria Throckmorton Doth demise and Grant unto the said William Passmore his Execors Admors and Assigns All Those Houses being parcel of two Tenements in North Praunsley lying and being in the parish of Twitchen in the said County of Devon and called by the several Name and Names of the New House the Chamber over the same the old Chamber the Spence or Buttery in the New House the new Shippen the New Malt House the Stable the new Wayne House the pig House to the West of the Bakes the Moiety or Halfendeal of the Barn (that is to say) all on the South of the middle of the middle of the Barnes Doors and of the Moiety or Halfendeal of the Bake's and of the Moiety or Halfendeal of the Courts and courtlages belonging and appertaining to the said Tenements of North Praunsley aforesaid And also all those parcels of Land Meadow Leasues Pastures Common ffurze and Heath with the Appurtences lying on the West side of the said Tenement and parcel of the same containing by Estimation ffourteen acres or thereabout (be it more or less) And also two closes or parcels of Land Pasture and Common ffurze and Heath parcel of the said Tenement the one is called or known by the name of the Wester Midland and the other by the name of the Close to the Landhill containing by Estimation ffifteen Acres or thereabout (be it more or less) And also all those those Rooms Houses Closes and parcels of Land in North Praunsley aforesaid (to wit) the moiety of the Barn (that is to say) all that part on the North part of the ffloor of the said Barn And also that under Room called the Old Chamber together with two parcels of Land with the little Meadow comonly called the Rix or Butt Meadow containing half an acre or thereabout and also four acres and half of Land sometime since separated parted and taken out of one Close called the Easter Midland parcel of the Tenement aforesaid with the appurtences together with all convenient and usual Ways Paths Waters Watercourses appertaining or belonging to the same all which said premes were late in the Tenure or Occupation of Michael Shapland deced his Undertenant or Undertenants and since and now of the said William Passmore his Undertenant or Undertenants Except out of this present Demise and Grant unto the said Anna Maria Throckmorton and the person or persons who for the time being shall be seised of the Revertion in ffee of the said demised premes all other parts and parcels of the said hereinbefore mentioned two Tenements not herein and hereby Demised and Granted and which was heretofore granted to Hugh Shapland deced And also except unto the said Anna Maria Throckmorton and to the person and persons who shall be seised as aforesaid all and all manner of Trees the Bodys and Stems of all Trees whatsoever and all young Imps and Saplings growing or to grow on the said demised premes, And also all Quarrys Mines Minerals Ore Rocks and ffossils of what Nature kind or quality soever with free liberty to and for the said Anna Maria Throckmorton and the person and persons who for the time being shall be seised as aforesaid her and their Assigns Agents Workmen and Servants from time to time and at all times during the term hereby Granted to enter view search try dig for sell fell cut down root up saw coal convert rick have take and by the usual and accustomed ways and paths with all manner of carriages what soever to take draw and carry away the same making reasonable Satisfaction unto the said William Passmore his Excors Admors and Assigns for all damage thereby to be done to him or them or to the said demised premes And also except unto the said Anna Maria Throckmorton and the person or persons who for the time being shall be seised as aforesaid all Game Royaltys and casual profits happening thereon during the term hereby granted with free Liberty to Hunt hawk fish and fowl in and upon the said demised premes at her and their Will and pleasure at all seasonable times during the said term And also liberty of viewing the Repairs of the said demised premes at will and pleasure To have and To hold all and singular the said hereinbefore particularly mentioned and described premes hereby Demised and Granted or intended so to be and every part and parcel thereof (except before excepted) with the Appurtences unto the said William Passmore his Excors Admors and Assigns from and immediately after the Expiration or other sooner determination of a certain term of Ninety nine years now determinable on the Deaths of Agnes the Wife of the said William Passmore and Margaret their daughter for and during the further term of Ninety nine years from thenceforth next ensuing and fully to be compleat and ended if William Passmore Son of the said William Passmore party hereunto aged about Seventeen years shall so long happen to live Yielding and paying therefor yearly and every year from and after the comencement and during the continuance of the term hereby granted unto the said Anna Maria Throckmorton or unto the person or persons who for the time being shall be seised of the Revertion in ffee of the said demised premes the yearly Rent or sum of ffourteen Shillings and Six Pence of lawful money of Great Britain at four of the most usual ffeasts or Days of Payment in the year that is to say the ffeast of the Annunciation of the Blessed Virgin Mary Saint John the Baptist Saint Michael the Arch Angel and the Nativity of our blessed Lord and Saviour Jesus Christ in each and every year by even and equal Quarterly portions the first payment thereof to be made on such of the said ffeasts as shall first happen next after the commencement of the term hereby Granted and also Yielding and paying unto the said Anna Maria Throckmorton or the person or persons who shall be seised of the Revertion in ffee of the said demised premes upon and after the death of the said William Passmore (the son) he dying after the commencement of the term hereby granted the Sum of one pound Six shillings and nine pence of lawful money of Great Britain in the name and in lieu of a ffarlieu or Heriot And likewise Yielding paying bearing doing executing discharging observing and performing for and in respect of the said demised premes all such Antient Rents Rates Taxes Suits of Court Customs Payments Pains Penaltys Dutys Offices and Services whatsoever as have been formerly paid done executed observed or performed for the same and also all such as shall hereafter during the continuance of the term hereby granted grow due happen or become payable observable or performable for or in respect of the said hereby particularly demised and granted premes And the said William Passmore party hereunto for himself his Excors Admors and Assigns doth covenant promise and agree to and with the said Anna Maria Throckmorton and to and with the person and persons who for the time being shall be seised of the Revertion in ffee of the said premes by these presents in manner following that he the said William Passmore his Excors Admors or assigns shall and will yearly and every year from and after the comencement and during the continuance of the term hereby granted well and truly pay or cause to be paid unto the said Anna Maria Throckmorton or unto the person or persons who shall be seised as aforesaid the said yearly Rent or Sum of ffourteen Shillings and Six Pence and also the said sum of One Pound six Shillings and nine pence in lieu of a ffarlieu or Heriot when and so often as the same shall respectively become due and payable And shall and will do Suit and Service unto all and every the Court and Courts of the said Anna Maria Throckmorton or the person or persons who shall be seised of the Revertion in ffee of the said premes to be holden and kept for or within the Mannor of Molland Botreaux in the County of Devon aforesaid upon such Notice as is usually given for holding such Courts and shall be there sworn and ordered by the Steward and with the homage for the time being of the said Manor in all things relating to the said demised premes in such manner as other tenants there in respect of their several Estates are used and accustomed to do And shall and will pay bear and discharge all ffines Amerciaments Penaltys and Sums of money which shall be there sett laid or imposed upon or against him or them for or by reason or means of any neglect offence or just cause And shall and will at his and their own Expence from time to time And at all times from and after the comencement and during the continuance of the term hereby granted well and sufficiently repair amend sustain and keep all and singular the said hereby particularly demised premes in all Respects whatsoever in good and tenantable Repair and the same thus repaired shall and will at the End or other sooner Determination of the said Term peaceably and quietly leave and yield unto the said Anna Maria Throckmorton or the person or persons who shall be seised as aforesaid without doing or committing or suffering to be done any manner of Waste or Spoil thereon or on any part or parcel thereof Having towards such Repairs if such can be found on the said demised premes sufficient House Bote Gate Bote and Bar Bote by delivery of the known Steward or Bailiff for the time being of the said Mannor and not otherwise the same to be spent on the said demised premes and not elsewhere and without Waste or Spoil Provided always and these presents are upon these express conditions that if the said yearly Rent or Sum of ffourteen Shillings and Six Pence or the said Sum of One pound six Shillings and nine pence or any part thereof or of either of them shall be behind and unpaid by the Space of Twenty Days next after the same shall respectively become due and payable being lawfully demanded and not paid and no sufficient overt distress on the said demised premes can be found whereby to levy the same with the arrears thereof if any Or if the said William Passmore party hereunto his Excors or Admors do or shall at any time or times during the term hereby Granted assign demise or Lett the said demised premes or any part thereof to or permit or suffer the same or any part thereof to be held used occupied or enjoyed by any person or persons other than the Wife Child or Children of the said William Passmore party hereunto his Executors or Administrators or by any person or persons In trust for them some or one of them or by some person or persons claiming or to claim the same under his or their Last Will and Testament in writing otherwise than from year to year and that at pasture only and not at tillage without the Leave and Lycence of the said Anna Maria Throckmorton or the person or persons who shall be seised as aforesaid in writing under her or their Hand and Seal or Hands and Seals first had and obtained for that purpose Or if the said William Passmore party hereunto his Executors Administrators or Assigns do or shall at any time or times from and after the comencement of the term hereby Granted neglect or refuse to make appear clearly to the satisfaction of the said Anna Maria Throckmorton or of the person or persons who for the time being shall be seised as aforesaid or of her or their Steward for the time being (and that by the Oaths of two credible persons if required) for the space of Six Calendar Months next after any notice requiring the same shall be served on the said William Passmore party hereunto his Executor Administrators or Assigns or left at his or their last or most usual place of abode that he the said William Passmore (the son) is then or was within the space of Three Months then last past living and where inhabiting or if dead when and where he died Or if the said William Passmore party hereunto his Executors Administrators or Assigns do and shall permit and suffer the said hereby particularly demised premes or any part thereof to be ruinous and in decay for want of Reparations That then in either the cases and for either causes these presents shall be void and the term hereby Granted Determined And the said Anna Maria Throckmorton for herself her Heirs Executors and Administrators doth covenant to and with the said William Passmore party hereunto his Excors Administrators and Assigns by these presents that it shall and may be lawful for the said William Passmore party hereunto his Executors Administrators or Assigns from and after the commencement of the Term hereby Granted into and upon the said demised premes to enter and during the continuance of such term by and under the yearly Rent Heriot Reservations Covenants Provisions Powers of Reentry and Agreements aforesaid peaceably and quietly to have hold use occupy possess and enjoy without the lawful Lett Suit Molestation or Denial of the said Anna Maria Throckmorton her Heirs or Assigns or any claiming or to claim by from or under her or them or by from or under any other person or persons whomsoever In Witness whereof the Partys to these presents their hands and seals have set the day and year first above written.

William      L.S.      Passmore

Brian Randell, 4 Mar 2008