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Assignment Burrough, Barton, Manor at Bideford (1652)

Grafton Collection Northamptonshire Record Office ref: G 2892

Transcribed by David Carter

Document Catalogue Description: Assignment of land Burrough, Barton, Manor at Byddeford, Devon, John Grenville of Stowe and others to Jeffery Palmer of the Middle Temple, 17 Nov 1652.

This indenture made the seaventh day of November in the yeare of our Lord God according to the computation used in England one thousand six hundred fifty and two, Between John GRENVILE sonne and heire of Sir Bevill GRENVILE of Stowe in the Countie of Cornewall Knight deceased, and Dame Margaret CHOLMELEY of Cheswicke in the countie of Middx widdowe of the one parte, And Orlando BRIDGEMAN of the Inner Temple London, and Jeffery PALMER of the Middle Temple London esq of the other parte, Whereas by indenture Tripartite bearing date the third day of February last past in the yeare of our Lord God one thousand six hundred fifty and one, made between the right honorable John Lord POULET Baron of Hinton St George in the county of Somersett, and the said Dame Margaret CHOLMELEY of the first parte, the said John GRENVILE by the name of Sir John GRENVILE of Stowe in the countie of Cornewall Knight of the second parte, And Ralphe WILD of London gent of the third part, and fine thereupon leasyed, the said John GRENVILE did convey and asure, Whereas the Burrough Mannor Barton, and demesnes of Bydeford in the countie of Devon with the rights members, and appurtenances thereof, and all Messuages, Mills, Lands, Tenements, rents, revertions, services, courts, view of frankespledge, liberties, priviledges, profits, commodities, and other hereditaments whatsoever, to the said Burrough Barton Mannors and Demesnes or any of them belonging or appertayninge or as parte or parcel thereof, used, enjoyed, reputed or taken with there and every of there appurtenances, And all other the messuages, Lands, Tenements and hereditaments then or att any tyme before the inheritance of the said John GRENVILE in Bydeford aforesaid. To the use of him the said John GRENVILE his executors, administrators and assigns for and dureinge the space of six moneths to be accounted from the day of the date of the said indenture from thenceforth fully to be complete and ended, And from and after the expiration of the said terme, To the use and behoofe of the said Dame Margaret CHOLMELEY her executors and assignes for and during the terme of five hundred years from thence next ensuing and fully to be complete and ended without impeachment of wast: with and under a certain proviso or condition in the said Indenture mentioned, and the parties thereunto did declare the use of the said fine to be, That if the said John GRENVILE his heirs executors administrators or assignes or any of them should well and truly pay or cause to be payd unto the said same Margaret CHOLMELEY her executors administrators of assignes, or any of them the full and whole sume of three thousand two hundred and fifty pounds of good and lawfull money of England att one entire payment att and upon the foure and twentieth day of July then next ensuing the date of the said indenture att or in the dwelling house of Sir George STRODE Knight in St Johns in the parish of St James Clerkenwell in the countie of Middx, That then and from thenforth the estate or terme therein before lymitted to the said Dame Margaret CHOLMELEY her executors administrators and assignes for five hundred years as aforesaid should cease and be voyd any thing in the said indenture conteyned to the contrary notwithstanding as by the said Indenture may appeare, And whereas the said John GRENVILE did faile in payment of the said three thousand two hundred and fifty pounds to the said Dame Margaret CHOLMELEY contrary to the said proviso whereby the estate in law of and in the premises is vested and become absolute in the said Dame Margaret CHOLMELEY for and dureinge the said terme of five hundred years, Now this indenture witnesseth that for and in consideration of the sume of three thousand two hundred and fifty pounds of lawfull money of England to the said Dame Margaret CHOLMELEY in hand payd before thensealinge and delivery of these presents, and of the sume of seaven hundred and fifty pounds of like money to the said John GRENVILE also in hand payd by the said Orlando BRIDGEMAN and Jeffery PALMER, the receipt of which said several and respective sumes the said Dame Margaret CHOLMELEY and John GRENVILE doe severally and respectively acknowledge, and thereof, and of every parte and parcel thereof doe release and discharge the said Orlando BRIDGEMAN and Jeffery PALMER theire heires executors administrators and assignes and every of them for ever by these presents, the said Dame Margaret CHOLMELEY, (att the request and by and with the consent direction and appoyntment of the said John GRENVILE testified by his beinge made party to these presents) Hath ~signed and sett over and by these presents doth assigne and sett over unto the said Orlando BRIDGEMAN and Jeffery PALMER their executors and assigns the said Burrough Mannor Barton Messuages Lands Tenements rents revertions services hereditaments, and all and singular other premises herein before mentioned with there and every of theire appurtenances, And all the estate right Title interest terme of years possession revertion, clayme and demannd whatsoever of the said Dame Margaret CHOLMELEY her executors and administrators and every or any of them of in and to the said premises before mentioned, and of in and to every of any parte or parcel of the same, together with the said recited indenture and fine, and all other deeds and writings which the said Dame Margaret CHOLMELEY hath, or may have touching on concerning the premises or any parte thereof, To have and to hold the said Burrough Mannor Barton Messuages Lands Tenements, Rents, revertions, services, and all and singular the premises before mentioned with theire and every of theire appurtenances unto the said Orlando BRIDGEMAN and Jeffery PALMER their executors administrators and assignes for and dureinge all the residue and remainder of the said terme of five hundred years yet to come and unexpired in as large ample and beneficiall manner as the said Dame Margaret CHOLMELEY her executors or administrators or any of them might should or ought to have, hold or enjoy the same and every or any parte or parcell thereof by force or virtue of the said recited indenture and fine thereuppon leavyed or any of them or otherwise howsoever Provided always and it is agreed and declared by and between the said parties to these presents upon severall trust and confidence, that in case of marriage intended by Gods grace shortly to be had and solemprized between the said John GRENVILE and Jane WYCHE, onely daughter of the late right honorable Sir Peter WYCHE Kt late comptrowler of the house of the late Kinge Charles, and one of the said late Kings privy councell and Dame Jane his wife shall take effect, That then the said estate and lease soe made to the said Dame Margaret CHOLMELEY shall be voyde. And these presents are upon expresse trust, that in case the said marriage shall take effect, That then the said Orlando BRIDGEMAN and Jeffery PALMER their executors and administrators, and the survivor of the executors and administrators of them, shall upon reasonable request, and att the costs and charges of the said John GRENVILE, grannt and surrender the said Burrough Manor Messuages Lands and premises, And all the estate right, title, interest, terme of years, clayme and demand whatsoever of the said Orlando BRIDGEMAN and Jeffery PALMER of in and to the same, and every parte thereof to such person and persons to whom the reversion of remainder of the premises shall belonge or appteyne Provided always nevertheless that in case the said intended marriage shall not take effect, That then the said Orlando BRIDGEMAN and Jeffery PALMER theire executors and administrators shall stand possessed of the said Burrough, Mannor, Messuages, Lands and premises in trust for the said Jane WYCHE the daughter her executors and administrators for and dureinge the residue of the said terme of five hundred years yet to come and unexpired, for and in lieu and satisfaction of the sume of foure thousand pounds parte of the marriage portion of the said Jane WYCHE the daughter, In Witnesse whereof the parties first above named to these present indentures interchangeably theire hands and seales have sett the dau and yeare first above written.