Agreement to Levy Fine (1624)

Royal Institution of Cornwall reference: BRAB-328/3

Transcribed by David Carter

[The document was worn and faded in many places, making parts of the text illegible.]

Document Catalogue Description: 1624. AGREEMENT TO LEVY FINE:
(i) Sir Barnard Greinville [Grenville] of Stowe
(ii) Bevill Greinville [Grenville] (son of (i)) and Grace his wife
(iii) John Arundell of Trerise [Trerice, Newlyn East], [and 2 others]
Borough, manor and barton of Bideford, Island of Lundy; manor of Knighthayes,
Advowson of Bideford [all in Devon]
Also Manors of Kilkhampton, Wolston, Stratton, Wodemouth, Woodford, Lanow, Killigarth, Bodmin, Trewithlick, etc.
Also Advowsons of Kilkhampton, Week St Mary, Duloe and Talland [all in Cornwall]
To provide jointure for Grace and payment of debts.

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On outside wrapper:
Stowe.
Sir Barnard GRENVILE Esq and others to John CRERISE and others.
Marriage Settlement on Grace the wife of Bevill GRENVILE Esq of several manors in the Counties of Devon and Cornwall.
Dated 21 February 1624

Inside document:
This indenture Tripartite made the one and twentieth day of February in the yeare of the Raigne of our Soveraigne Lord James by the grace Of God of England, France and Ireland, Kinge and Defender of the Faith the two(?) and twentieth and of Scotland the eight and fiftieth. Between Sir Barnard GRENVILE of Stowe in the Countie of Cornwall Knight of the first part, Bevill GRENVILE sonne and heyre apparant of the sayde Sir Barnard, and Grace the wife of the sayde Bevill of the second parte, and John ARUNDELL of Trerise in the sayde countie of Cornwall equire, Anthony DENNYS of Orleigh ~?~ ~?~ desmayne of Cullacombe in the countie of Devon esquires of the third part, Witnesseth that aswell for the better versern(?) ~?~en~ent heretofore made between the sayde Sir Bernard, and the f~?~ ~?~ the things that hee the sayde ~~~would, or should pay, or ~?~ fee oftherne all the true and ~?~ debts conteyned in the ~?~ to these ~~~sents ~~~yed, as asloe for a competent jointure to bee made and assi~~~ ~?~ ~?~ ~?~ Grace yf thee shall for~~ne to wer~~~~ the sayde Bevill, ~?~ ~?~ other good causes, and considerations It is p~~~~~ gr~?~ ~?~laded and fully agreed uppon by and betweene the sayde parties to these ~?~ ~?~ of ~?~ the sayde Sir Barnard GRENVILE, Bevill GRENVILE, and Grace his wife shall and will ~?~ the coste and charges in the l~~~~ ~?~ Bevill GRENVILE before the feast of Pentecost next res~~~e the ~?~ ~?~ one or more Fine or Fines, Sur cognizans de droit come ceog ils ount de lour donne as whereuppoin ~?~ Proclamations ~?~ ~?~ ~?~ ~?~ the ~?~ ~?~ ~raints in this ~?~ ~?~ ~?~ John ARUNDELL, Anthony DENNYS, Edmund TREMAYNE ~?~ other of them by such n~~~ ~?~nam ~?~ in such manner and forme as the same Bevill or his counsel learner in the lawe shall be advised, or devised ~?~ that the Burrough, Mannor and Barton of Bydeford in the Countie of Devon with all the rights, members, and appurtenance therefore(?) whatsoever, and of all that the mannor of the Island of Lundey in the sayde Countie of Devon with all the Rights, members and appurtenances ~?~ thereof whatsoever, and of the advowson, donation, free disposition and ~~th of patronage of the Rectory and parish Church of Bydeford the sayde countie of Devon, and alsoe of all that the mannor of Knights Hayes in the sayde countie of Devon aforesaid ~?~ ~?~, and appurtenances thereof whatsoever, And of the Burrough and Mannor of Kilkhampton, the mannors of Wolston, ~?~ Stratton als Benamy Stratton, Wodemouth, Woodford, Lanow als Lanamere, ~enwen(?), Killigarth, and ~?~ Bodwyn als Bodman and Trewithlick in the sayde countie of Cornwall with their, and every their rights, members and appurtenance whatsoever And alsoe of a ~?~ Capital Messuage, Barton and Demesne of Stowe ~~??~~ ~?~ Clifton, Bryn, ~?~ Bryn, Little Bryn, Lee als Northleigh and Killigarth als Killgah with their appurtenances, rights, members, and appurtenances in the sayde countie of Cornwall And of Two parts in three parts ~?~ ~?~ ~?~ ~?~ and appurtenances ~?~ the sayde ~?~ ~?~ ~?~ and of the ~?~ ~?~ ~?~ messuage and Barton of Tremidare(?) with the appurtenance in the sayde countie of Cornewall, And alsoe of all the ~?~ ~~~sons, donations, free dispositions and rights of patronage of the ~~~ories, prebend, viccareges and parish churches of Kilkhampton, Weeke St Marie, Duloe and Talland in the sayde countie of Cornwall, and of one mesuage and meadow ~?~ appurtenance lying and being in Andever in the couty of Southampton, now or lately in the tenure or occupation of John W~~LOE(?) his assigne or assignes, and of all mesuages, lande, tenements, rents, reversions, services and hereditaments whatsoever whereof or wherein the sayde Sir Barnard GRENVILE and Bevill GRENVILLE, or either of them are or is seised of any estate of Inheritance lyinge and beinge in Kilkhampton, Bodman, Saltash, Tre~~oe, St Nyott Polint, Tregony Pomeroy, Trewithlick, Westloe(?) every or any of them in the sayde countie of Cornwall, And in Bydeford, Okewell, Churchill, Knighte Hayes, Yartham(?) Uplowman, Collompton, Colliton, Mes~~ye, Broadwood Kelly, Ilfardcombe, and Braunton every or any of them in the sayde countie of Devon, and in Stoke Collyer in the countie of Dorsett, or elsewhere whereforever in the countires of Cornwall, Devon, Dorsett and Southampton, every or any of them, or elsewhere within the Realme of England, And of all messuages, tofts, howses, mills, orchards, gardens, lands, meadows, pastures, woods, underwoods, warrens, parks, commons, waters, watercourse, fishings, rents reversions, services, courts, courte leete, veiwes of franckepledge, liberties, franchises, priviledges, profits, commodities and hereditaments whatsoever nowe or att any tyme heretofore to the sayde Borroughes, Mannors, Bartons, Lands, Tenements and premises every or any of them, or to any parte or partes of them, every of any of them belonging or in any wise appertaining, or nowe, or att any tyme heretofore reputed, esteemed , taken, used, occupied, demised, or enioyed, to or with the same as any part parcell or member thereof, or within or uppon the same lawfully to bee had taken excercised or enioyed, which fyne or fynes so to bee had and levied, and all and every other fyne and fynes which att any tyme or tymes before the sayde feast of Pentecost shall bee acknowledged, or levied to the sayde John ARUNDELL, Anthony DENNYS, and Edmund TREMAYNE, or any ~?~ tha~ by the sayde Sir Barnard GRENVILE, Bevill GRENVILE and Grace his wife, or any of them of the sayde premises, or oth~~ ~?~ ~? thereof shalbe, and more, and shall bee adind~red, conserved, and taken to bee, and more, And the sayde sayde John ARUNDELL, Anthony DENNYS, and Edmund TREMAYNE and every or any of them their every or any of theie heyres shall stand and be siesed of the sayde premises ~?~ fyne or fynes to bee comprised to the use and behooffe hereafter in these presents lymitted, expressed, and declared ~?~ ~?~ other use, behooffe or purpose whatsoever, that is to say, or for, and concerning the sayde Burrough Mannor and Barton Bydeford, Island of Lundye ~?~ of ~?~ll, with the appurtenance, and all lands tenements and hereditaments wheresover thereunto belonging or apperteyninge, or used, occupied, demised, or enioyed to, or with the same as any part parcel or ~?~ To the only use, and behooffe of the sayde Sir Bernard GRENVILE and his assignes ~?~ and during the terme or his naturall life without ympeachment of or for any manner of waste; And after his decease then to the use and behooffe of the sayde Beville GRENVILE, his heyres and assignes for evermore, And of for and concerning the sayde mannors of Kilkhampton, Stratton als Benamy Stratton, and Woodford, And the sayde Bartons, and demesne land of S~~~ and Lee als Northleigh with their and every their rights members and appurtenances, And all messuages, tofts, howses, mills, orchards, gardens, lands, meadows, pastures, rents, reversions, services, liberities, franchises and hereditaments whatsoever in the sayde mannors of Kilkhampton, Stratton als Benamy Stratton, and Woodford the lande Bartons and d~?~ of Stowe and Lee als Northleigh every or any of them ~?~ ~?~ in any wise apperteyninge or now or att any tyme heretofore reputed, esc~~~ed, taken, used, occupied, demised or enioyed to or with the same as any parte & parcel or member thereof To the only use and behooffe of the sayde Bevill GRENVILE and Grace his wife duringe their naturall lives, and the longest liver of them, afterwards to Richard GRENVILE esquire eldest sonn of the sayde Bevill and Grace and ~?~ ~?~ ~?~ lawfully begotten or ~?~ bee begotten, and for default of such issue ~?~[crease]~?~ of the said Bernard GRENVILE ~?~[crease]~?~ ~~~iler ~?~ the sayde ~?~ ~~~ons, advowsons, lands, tenements , rents reversions, services, hereditaments, parts, purports and premises whatsoever whereof nor use is before in, or by these presents lymited, appoynted To the only use and behooffe of the sayde Bevill GRENVILE for tenure of his use afterwar~~ the said Richard GRENVILE, and to his heires males lawfully begotten, and for default of such issue to the right heires of the said Richard GRENVILE for ever Provided it bee lawfull to and for the sayde Bevill GRENVILE from tyme to tyme, and att all tymes during his natural life, by hys writing or indenture, deede, or deeds, indented under his hand and seale to demise, grannte, or lease the sayde mannors of Kilkhampton, Stratton als Benamy Stratton, and Woodford, or any other the premises, or any part or parts of them every or any of them, and all messuages, tofts, howses, mills, orchards, gardens, lands, meadows, pastures, rents, revertions, services and hereditaments whatsoever to the sayde mannors of Kilkhampton, Stratton als Benamy Stratton, and Woodford or any other the premises belonging, or in any wise apperteyninge, or now, or att any tyme heretofore reputed, esteemed, taken, used, occupied, or enioyed to, or with the same, as any part, parcel, or member thereof att his free will and pleasure to any person or persons for, and during one, twoe, three or fower lives, aswell of and in revertion, or remainder as possession for any number of years determinable uppon one, two, three, or fower lives, aswell in revertion, or expectancy as possession Soe as in the whole any one tenement bee not charged att any one tyme with any more than fower lives or any number of years determinable uppon the decease of one, two, three, or fower persons att the most, And soe that uppon every such lease the ancient and accustomed rent, or ~?~ be ~~ferved, and made yearely due, and payable during the continuance of the leass to such person, and persons as shall have the ymmediate revertion, or remaynder of the sayde lands soe leased, during such lease, or leases by virtue of these presents, and each and every such lease att any tyme hereafter to bee made by the sayde Bevill GRENVILE shall bee good, and available in lawe to all intente and purposes according to the tenor, and true meaning thereof against all person, and persons before in these presents mentioned their heyres and assignes, And that the sayde fyne and fynes fortobee levied afoewsayde shall bee, and shall bee adindged, construed, and taken to bee and the cognisee and cognisees in such fine or fynes to bee named, his and their heyres, and assignes shall stand, and bee thereof seised after the sayde premises, or any part, or part thereof shall happen to bee soe leased, and as the same shall from tyme to tyme bee leased by the sayde Bevill GRENVILE as aforesayde to the use of such person, and persons whom any lease, or leases shall bee soe made, their executors, and assignes or and during the continuance of such lease, and leases, according to the purport, effect, and true meaning of such lease, and leases, And of and in the revertion and revertions, remainder, and remainders of the premises soe to bee leased And of the rents, duties and services thereuppon to bee referred sue or payable to the onlie use, and behooffe of such person and persons to whom the premisses or ~?~, or parte thereof shall, or ought by(?) the purport, and true meaning of the ~~sente discend, remayne, revert, come or bee yf now such lease or leases w~~~ thereof for made, any thinge in these presents conteyned to the contrary in any wise notwithstanding, And the sayde Sir Barnard GRENVILE doeth s~~himself ~?~ executors and administrators and for every of them covenannte and ~~au~te by and with the sayde Bevill GRENVILE his heyres and assignes by these presente that the sayde premisses and every part, and parcel thereof shall from tyme to tyme and att ~?~ for ever hereafter bee remayne and continue to the severall person and persons use and behooffe before in and by these presents ~?~ ~?~ and appoynted exonerated, acquited, and discharged, or otherwise sufficiently saved, and kept harmelesse by the sayde Bernard his executors or administrators of from for, and concerning all, and ~?~ manner of sales, leases, grannts, or estates whatsoever ~?~ made by the sayde Sir Barnard of or ~?~ of the sayde premisses or any part or parts thereof (All leases and estates heretofore made before the first day of November last past (of the sayde premisses or any part, or parts thereof heretofore ~~aly demised or h~~ to farme) for the terme, or terms of ~?~ or lines of any person, or persons, or for any number of years determinable uppon the life of lives of any person or persons and whereuppon the olde and accustomed yearely rent, or more is reserved and made yearely due and payable ~?~ the continuance of every such lease or estates respectively only excepted, and foreprised) All and every which sayde leases ~?~ estates soe made by the sayde Bevill GRENVILE for himself his heyres, executors and administrators doeth(?) covenante and grannte to and ~?~ the sayde Sir Bernard his executors and assigns ~?~ ~?~ ~?~ all~~~ and ~?~ ~?~ ~?~ ~?~ ~?~ Bernard GRENVILE shall and will att and ~?~ the ~~~~able ~?~ and ~?~ the cost and ch~~?~~ the ~?~ of the s~~?~~ ~?~ GRENVILE doe make acknowledge and exec~?~ ~?~ and suffer to bee h~~ ~?~ done acknowledged and execute ~?~ every such lawfull, a~~~ reasonable actt and actts, thinge, and things of assurance and assurances in the lawe wherefor~~~ for ~?~ better, and further assuring, and convey~?~ of the premisses, and every part thereof to the person, and persons ~?~ ~?~ aforesayde, or any of them, accordinge to the true intent and meaninge of these presents, as by the sayde Bevill GRENVILE, or his counsel learned in the lawe shall bee reasonable devised, or advised and required Soe as the for~?~ contayne ~?~ ~ther or further warrentes(?) than is before in and by these presents expressed, and declared, and for as the said ~?~ Barnard for the doinge thereof bee not co~~elled to travell from the place of his abode att the tyme of such ~?~ And the sayde Sir Barnard GRENVILE doeth by these presents grannte to the sayde Bevill his heyres and assignes all, and all manner of deeds, evidences, charters, writings, counterparts of leases, and leases, exec~~~ ~?~ debts, patents, transcripts of fynes and recoveries, court rolls, court books, survices(?) presentments, boundaries, scripts, and minnanents(?) whatsoever touchinge, or in any wise concerninge the premises, or any part, or parts thereof, all which ~?~ as many of them as nowe are in the hands, custody or possession of the sayde Sor Bernard, or any other by his delivery, consent, or appoyntment ~?~ the sayde Barnard GRENVILE doeth for himself his executors and administrators and for every of them covenannt, and grannte to and with the sayde Bevill GRENVILE his heyres and assignes upon reasonable request to bee made to him the sayde Sir Barnard by the sayde Bevill to deliver to the sayde Bevill, safe, whole, uncancelled ~?~ ~?~ as the same nowe are In witness whereof to the first part of these indentures tripartite remayning to, and with the sayde Bevill GRENVILE and Grace his wife, and the sayde Sir Bernard GRENVILE, John ARUNDELL, Anthony DENNYS, Edmund TREMAYNE have sett their hands and seales, ~?~ ~?~ part, remayninge to and with the sayde Sir Barnard GRENVILE, the saide Bevill GRENVILE & Grace his wife, John ARUNDELL, Anthony DENNYS, Edmund TREMAYNE have sett their hands and seales, and to the thirs(?) past remayning to and with the sayde John ARUNDELL, Anthony DENNYS, Edmund TREMAYNE the sayd Barnard GRENVILE, and Bevill GRENVILE and Grace his wife have sett their hands and seales yeapon ~?~ and yeare first above written, 1624.

Signed:
Bevill GRENVILE
John ARUNDELL
Anthony DENNYS
Edmund TREMAYNE

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Additional document:

A further document was attached to the above:
Catalogue description: Schedule of debts owing [list of c.55 names with amounts].
Total £22,174.10s.0d

This document is mostly illegible, only small sections could be read.

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On back of document:

The eighteenth day of October 1656.
Between Thomas BLUNT and others compl~~?
John GRENILE and others disendts(?)
This deed was shwed unto Andrew CORY gent
Nicholas SHARZELL & John JACKEMAN ~?~
at the time of their nominations taken before me.
C(?)rist ARSCOTT
Robert PEARSE

The two and twentieth day of September 1657
Between Marke COTTLE gent and another Comp'lts(?)
And John GRENVILE esquire, defendant
This deed was served unto John JACKEMAN gent
Andrew CORY gent, Thomas PRUST gent, Richard
POMEROY gent, and Nicholas SHERZELL at the
tyme of their examinations taken before us com'.
~?~ll FRENCH
John PREST
John WHEARY
John SYMONS

The 6th of October 1657
Between Mark COTTLE gent & another comp'te And John GRENVILE esq defendant.
This deed was shewed unto John TRESSRY esqr at the tyme of his examination taken before us comissioners
~?~ll FRRENCH
John WHEARY

Signed sealed and delivered by the within named
Sir Barnard GRENVILE, Anthony ~~NYS, and
Edmond TREMAYNE in presence of
Nic: LOLER(?)
John TRESSRY
Jo: PRIDEAUX
Symon WEEKES
Degorie TREMAYNE
Raph BYRD
Christ: OSMOND
Reignold BILLINGE
Christop: BYLL
John GEALARD
Herbert BLANCHARD
Nath: STEPHENS
John JACKMAN

The first daye of October 1657
Between John SAYNTAWBYN esq & other compl'ts
And John GRENVILE & another defn't
This deed was shewed unto Andrew CORY, John JACKEMAN
Richard POMEROY, Thomas PRUST, Nicholas SHARSELL
gentlemen att the tyme of their examinations taken before us
Nicholas ORCH~~HY
Joh: (Jas:?) PRUST
Ry~? F~~~?
Anthony ~?~

The ? day of April 1659
This deed was ~?~ ~?~ ~?~ [bottom of page]

Sealed signed & delivered by the within named John ARUNDELL of Trerise of~ in the presence of
Francis FULFORD
Rich BULLER
Herbert BLANCHARD
John TINGCOMB
John JACKMAN
Bevill POLLARD
Richard ROWE

The two and twentieth day of August 1655
between James FARENTT and other comp'ts and John
GRENVILE and other defendants
This deed was shewed unto ~?~ Francis FULFORD
Right at the tyme of his examination to the chins(?)
~?~ fowerth interrogatories on the behalfe of John
GRENVILE or of the defendants before us com'rs.
Geo GILES
Robert PEARCE

The 30th of August 1655
This deed was likewise shewen unto John
TRESSRY esq & John JACKMAN at the tyme of their several examinations to the Jatern'l(?)
~?~ said on ~?~ behalf of the said ~?~ ~?~ ~?~ ~?~.

Against whose yeuto(?) ~?~ ~?~ ~?~
Taken before us comm'rs. Joh: PREST, Ry~~ ~?~
Nicholas ORCHARD, Antho: C~~?~~.

The ninth day of April 1659
Between John GRENVILE esquire and another defendante
And John Saynt TAWBYN esquire & other compleynants
This deed was shewed unto Degory TREMAYNE esquire at
The tyme of his examynation taken before us commisioners
Jos: PREST, Nicholas ORCHARD, Antho: C~~~SS

The fourteenth day of April 1659
Between John GRENVILE esquire and another defendant
And John Saynt TAUBYN esquire & others complaynants
This deed was shewed unto Elizabeth PRIDEAUX the wife
of Peter PRIDEAUX esquire at the tyme of her
examination taken before us commisioners.
Antho: CO~~S, Job PREST, Nicholas ORCHARD.