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Lease for land at Bideford (1624)

Grafton Collection Northamptonshire Record Office ref: G 3209

Transcribed by David Carter

This indenture made the one and twentyeth day of February in the years of the raigne of our Soveraigne Lord James by the grace of God of England France and Ireland Defender of the faith etc, the two and twentieth, and of Scotland the eight and fiftieth, Between Sir Barnard GRENVILE of Stow in the Countie of Cornwall Knight of the first parte, Bevill GRENVILE esq sonne and heire apparent of the said Sir Barnard and Grace the wife of the said Bevill of the second parte: And John ARUNDELL of Trerise in the County of Cornwall esq, Anthony DENNYS of Orleigh And Edmond TREMAYNE of Cullacombe in the County of Devon esquires of the third parte. Witnesseth in consideration that he the said Bevill GRENVILE should pay or otherwise discharge all the true and inst. Debts contained in the schedule to these presents annexed And for diverse other good causes and considerations it is covenanted granted, concluded & fully agreed uppon, by & between the parties to these presents that the said Sir Barnard GRENVILE, Bevill GRENVILE and Grace his wife shall and will at the costs and charges in the law of the said Bevill GRENVILE before the feast of Pentecost next ensueing the date hereof acknowledge and levy one or more fyne or fynes sur cognizans de droit come ceog ils ount de lour donne ~?~ ~~heruppon proclamation shall or may bee had and made according to the forme of the statute in that behalf made, and provided unto the said John ARUNDELL, Anthony DENNYS and Edmond TREMAYNE, And to the heires of one of them, by such name and names, And in such manner and forme as by the said Bevill of his Councell learned in the law shall bee advised or devised of all that the Burrough Mannor and Barton of Bideford in the said countie of Devon, with all the rights members appurtenances whatsoever. And of all that the mannor and aforesaid Island of Lundey, in the said countie of Devon, with all the rights members and appurtenances thereof whatsoever And of the advowson donation and free disposition and right of partronage of the Rectory and parish of Bideford in the said county of Devon, and also of all that the mannor of Knights Hayes in the said countie of Devon, with all the rights members and appurtenances thereof whatsoever. And of the Burrough and mannor of Kilkhampton, The mannor of Wolston, Timell, Stratton, als(?) Benamie Stratton, Widmouth, Woodford, Lanow als Lanowmere, Renwyn, Killygarth als Killigath, Bodmin als Bodman, and Trewithlicke in the said countie of Cornwall, with their and every their rights members and appurtenances whatsoever, And also of all the Capital messuage, Bartons and demeasnses of Stow, Dinsmouth, Wolston, Clifton, Brynn, Great Brynn, Little Brynn, Lee als North Leigh, and Killigarth als Killigath with their [~several words hidden in crease~] premises in the said countie of Cornwall, And of [~several words hidden in crease~] of the mannors of Trenndant with the rights members and appurtenances thereof [~several words hidden in crease~] all meassuage(?) [~words hidden in crease~] with the appurtenances in the said county of Cornwall, And also of all the D~~~sons, Denacans(?), free dispositions and rights of partronage of the Rectoryes, Prebends, Vicarages and parish churches of Kilkhampton, Neeth(?) [~words hidden in crease~] Talland in the said countie of Cornwall, And of one messuage and meadow with ~~ew appurtenances lyeing and being in Andover in the county of Southampton now or late in the Tenure or occupation of John WILDE his assigne of assignes, And of all messuages, lands, tenements, rents, reversions, services, and hereditaments whatsoever, whereof or wherein the said Sir Barnard GRENVILE, and Bevill GRENVILE or either of them, are or is seized of any estate of inheritance lyeing and being within the Realme of England And of all messuages, tofts houses, 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, now or at any tyme heretofore to the said Borroughes, Mannors, Bartons, Lands, Tenements and premises every or any of them, or to any parte or parte of them, every of any of them belonging or in any wise appertaining, or now, or at any tyme heretofore reputed, esteemed , taken used, occupied, demised, or enioyed, to or with the same, as any parte parcel 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 shall bee acknowledges or levied to the said John ARUNDEL, Anthony DENNYS, and Edmond TREMAYNE or any of them by the said Sir Barnard GRENVILE, Bevil GRENVILE and Grace his wife, or any of them of the said premises or of any parte or partes thereof shall bee and in vre (sic), And shall bee adindged construed, and taken to bee and in vre, And to the said John ARUNDEL, Anthony DENNYS, and Edmond TREMAYNE, and every or any of them, their every of any of their heires shall stand and bee seized of the said premises in such fyne or fynes to bee comprized to the uses and behoofe hereafter in these presents lymitted expressed and declared. That is to say, of for and concerning the said mannor of Killigath with the appurtenances and all lands tenements and hereditaments whatsoever thereunto belonging or appertaining or used occupied demised or enioyed to or with the same as any parte parcells or member thereof, to the onely use and behoofe of the said Sir Barnard GRENVILE and his assignes, and during the terme of his natural life without Impeachment of any manner of wast, And after his decease then to the onely use and behoof of the said Bevill GRENVILE his heires and assignes for evermore. And of for and concerning the said mannors of Kilkhampton, Stratton als Benamy Stratton, Woodford, Widmouth, and Wolston, and the said Bartons and Demesne lands of Stowe and Lee als North Leigh, with their and every their rights members and appurtenances, And all messuages, tofts, houses, mills, orchards, gardens, lands, meadowes, pastures, rents, revertions, services, liberties, franchises, and hereditaments, whatsoever to the said mannors of Kilkhampton, Stratton alias Benamy Stratton and Woodford, Widmouth and Wolston, the said Bartons and demesne lands of Stowe and Lee als North Leigh, ~~ery(?) or any of them belonging or in any wise appertayning, Or now or at any time heretofore, reputed, esteemed, taken, used, or occupyed demised or enioyed to or with the same as any parte or parcel of member thereof to the onely use and behoofe of the said Bevill GRENVILE and Grace his wife, during their natural lives, and the longest liver of them, afterwards to the heires males of the said Bevill lawfully begotten, And for default of such issue, to the right heires of the said Bevill for ever. And all and singular other the said mannors bartons advowsons lands tenements rents reversions, services, hereditaments, parties, purpts, and premises whatsoever (whereof noe use is before in or by these presents lymitted or appointed,) To the onely use and behoofe of the said Bevill GRENVILE his heires and assignes for evermore. Provided it bee lawfull to and for the said Bevill GRENVILE, from time to time at all tymes during his natural life, By his writing or writings deed or deeds indented under his hand and seale to demise grant or lease the said mannors of Kilkhampton, Stratton and Benamy Stratton, Woodford, Widmouth and Wolston, or any other of the premises any parte or parts of them, every or either of them & all messuages, lofts, houses, mills, orchards, gardens, lands, meadows, pastures, rents, reversions, services, and hereditaments whatsoever to the said mannors of Kilkhampton, Stratton als Benamy Stratton, Woodford, Widmouth and Wolston, or any other of the premises belonging or in any wise appertaining or now or at any tyme heretofore reputed esteemed taken used occupied or enioyed to or with the same as any parte parcel or member thereof at his free will, and pleasure to any person or persons, for and during, one, two, three or fower lives, as well of and in reversion, or remainder is~?~ possession. Or for any number of years determinable uppon one, two, three, or fower lives, As well in reversion or expectation & possession, was in the whole any one tenement bee not charged at any one time with any more then fower lives, or any number of years determinable uppon the decease of one, two, three, or fower persons at the(?) ~?~. And so that uppon every such lease the antient and accustomed rent [~~words lost in crease~~] reserved and made yearly due and payable during the conveyance of such use to such person and persons, as shall have the immediate reversion of remaynder of the said lands so leased, during such lease or leases by virtue of these presents, And each and every such lease at any tyme hereafter to bee made by the said Bevill GRENVILE, shall be good and avayleable in law, to all intents and purposes, according to the tenour and true meaning thereof against all person and persons before in these presents mentioned their heires and assignes, And that the said fine and fynes soe to be levied as aforesaid shall bee, And shall bee adiudged conscrued and taken to be, And the cognisee and cognisees in such fyne or fynes to bee named, his and their heires and assignes shall stand and bee hereof seized after the said premisses, or any parte, or partes thereof shall happen to be so leased And as the shall from time to time bee leased by the said Bevill GRENVILE as aforesaid to the use of such person and persons to whom any lease or leases shall bee so made, there executors and assignes, for and during the continuance of such lease and leases, according to the purporte effort and true meaning of such lease and leases, And of and in the reversion and reversions remaynder and remainders of the premises so to bee leased, And of the rents dueties and services theruppon to bee reserved, due or payable to the onely use or behoof of such person or persons to whom the premises or any parte of partes thereof shall or ought by the purporte or true meaning of these presents, defend remayne, revert, come or bee, if noe such lease or leases were thereof soe made, Any thing in these premises contayned to the (con?)trary thereof notwithstanding And the said Sir Barnard GRENVILE doth for himself his executors and administrators and for every of them covenant and grant, to and with the said Bevill GRENVILLE his heires and assignes by these presents That the said premises and every parte and parcel thereof shall from tyme to tyme and at all tymes for ever heerafter, bee, remayne and continue to the severall person and persons, uses, and behoofes, before, in and by these presents named lymitted and appoynted, exonerated, acquitted, and discharged or other sufficiently saved, and kept harmelessely by the said Sir Barnard's executors or administrators, of from, for and concerning all and all manner of sales, leases, grants, or estates whatsoever heretofore made by the said Sir Barnard of or out of the said premises, or any parte of partes thereof, all leases and estates heertofore made before the first day of November last past, of the said premises or of any parte, or partes thereof heertofore usually demised, or letten to farme, for the terme of the life of lives, of any person or persons, or for any number of years, determinable uppon the life or lives of any person or persons, And wheruppon the old and accepted yearely rent or more is reserved, and made yearely due payable, during the contynuance of every such lease or leases, or estate respectively onely expected and foreprized Ann and every which said leases and estates to bee made, The said Bevill GRENVILLE for himself his heires executors and administrators doth covenant and grant to and with the said Sir Barnard his executors and administrators to satisfie allow and confirme. And that hee the said Sir Barnard GRENVILE shall and will, at and uppon reasonable request, And at the costs and charges in the law of the said Bevill GRENVILE, doe, make, acknowledge, and execute & permit, and further to bee had, made, done, acknowledge and executed, all and every such lawfull and reasonable act and acts, thing and things, assurance and assurances, in the law whatsoever, for the better and further assuring and conveying of the premises and every parte thereof to the person and persons, uses and behoofes aforesaid, or any of them, according to the true intent and meaning of these presents as by the said Bevill GRENVILLE, or his councell learned in the law, shall bee reasonably devised or advised and required. Soe as the same contayne noe other or further warrant ye~~ther(?) is before in and by these presents expressed and declared. And soe as the said Sir Barnard for the doeing thereof bee not compelled to travell from the place of his abode, at the tyme of such request. And the said Sir Barnard GRENVILE doth by these presents grant to the said Bevill his heires and assignes, all and all manner of deeds, evidences, charters, writings, counterparts of leases, and leases, exemplifications, letters, patents, transcripts of fynes, and recoveryes, court rolls, court books, surveyes, presentments, boundaries, escripts, and miniments whatsoever, touching, or in any wise concerning the premises, or any parte or partes thereof, All which of as many of them as now are, in the hands, custody or possession of the said Sir Barnard or of any other by his delivery, consent, or appoyntment. The said Sir Barnard GRENVILE doth for him selfe his executors and administrators and for every of them convenant and grant to and with the said Bevill GRENVILE, his heires and assignes, uppon reasonable request to bee made, to him the said Sir Barnard, by the said Bevill, to deliver to the said Bevill, safe, whole, uncancelled, undefaced, as the same now are. In witness whereof the parties have set their hands and seales yeaven the dau and years first above written. 1624.

This is a true coppy of the originall deed and also of the schedule of debts heerunto annexed examined by us whose names are underwritten.
Raph BYRD
Wm HUTCHINGSS
William TOLLER
Josua BLARTON(?)
Richard ROBERTSS

Witnesses to the original deed as followeth:
Ric: LOWER
John TREFFRY
John PRYDEAX
Symon WEEKS
Degory TREMAYNE
Raph BYDR
Reynold BYLLING
Christopher BILL
John GEALARD
Nath STEPHENS
Der~~(?) BLAN~~D(?)
John JACKMAN(?)