Lease for 99 years, land at Bideford (1664)

Grafton Collection Northamptonshire Record Office ref: G 2932

Transcribed by David Carter

Document Catalogue Description: Lease for 99 years of land at Bydeford, Devon, Earl of Bathe to Nicholas Morice, 14 Dec 1664.

This indenture made the fourteenth day of December in the sixteenth yeare of the Raigne of our Soveraigne Lord Charles the second by the grace of God of England Scotland France and Ireland King defender of the faith, Betweene the Right honorable John EARLE OF BATHE of the one parte and Nicholas MORICE youngest sonne of the Right honorable Sir William MORICE Knt principall secretary to his Majesty of the other parte, Witnesseth that the said John EARLE OF BATHE for and in consideration of the summe of two hundred and tenne pounds of lawfull money of England in hand paid by the said Nicholas MORICE the receipt whereof the said John EARLE of BATHE doth hereby acknowledge and thereof and of every parte and parcel thereof doth exonorate acquitt and discharge the said Nicholas MORICE his heires executors administrators and assignes and every of them by these presents Hath demised leased graunted and to ferme letten and by these presents doth demise lease grannt and to ferme lett unto the said Nicholas MORICE All that messuage and tenement with the appurtenances called Porte situate lying and being in the parish of Bydeford and countie of Devon and all lands meadows pasture seeding waive easement profits and commodities whatsoever to the said messuage and tenement or to eyther of them belonging or in any wise appertaining except and always referred unto the said John EARLE OF BATHE his heirs and assigns and his and their servants and followers free liberty of ingresse egresse and regresse into and upon the premises aforesaid as well to hawke hunt fowle and fish at his and their will and pleasure, as alsoe to view and see what waste or spoyle is or shalbee done or committed upon the said premises or any parte thereof and also xcept all tymber trees in and uppon the premises growing or to bee growen with free liberty ingresse egresse and regresse to and for the said John EARLE of BATHE his heires and assignes and his and their servants and followers to fell cutt down and carry away the same. And also except all mines of coale riseing and growing, or to bee riseing and growing in or upon the foresaid premises or any parte thereof, with free liberty ingresse egresse and regresse to and for the said John EARLE OF BATHE his heires and assignes and his and their servants labourers and workmen to search for and to digge and work the said myne and mynes of coale at his and their will and pleasure, and for the laying and carrying away of the coale which shall bee digged upp out of the said coale mynes soe as the said John EARL OF BATH his heires and assignes doe and shall from time during the terme hereafter limitted give and yeeld unto the said Nicholas MORICE his executors administrators and assigns such sufficient recompence and satisfaction for the trespasses lapses and damages which shall happen growe come or bee unto him or them by means reason or in respect of the digging or working of any coale myne or mynes in or on upon the foresaid premises or any parte thereof, and by laying and carrying away of the coals as by two sufficient men between them indifferenthe to bee chosen shall bee thought meete and convenient to bee given and yeelded. To have and to hold all and singular the said messuage and tenement and other the premises with the appurtenances (~next before prepted) unto the said Nicholas MORICE his executors administrators and assignes for and during the full time and terme of fower score and nyneteene years fully to be compleate and ended if Anne MORICE daughter of the foresaid Sir William MORRICE Knt and Gartrude MORICE daughter of William MORICE of Werington in the said countie Barronet or eyther of them so long shall happen to live. The said terme to commence and begin ymediately from and after the death surrender forteiture or any lawfull determination of the estate with Henry BERRY of Bydeford in the countie aforesaid now hath of and in the said premises. Yeelding and paying therefore yearelie (after the commencement of the said terme herein before granted during the continuance of the same) unto the said John EARLE OF BATHE his heires and assignes fower and twentie shillings of lawfull money of England at fower termes of the yeare (that is to say the feast of the birth of our Lord God Thannunciation of the blessed Lady the virgine Mary, the Nativite of St John the Baptist and St Michaell the Archangel by even and equall portions, the first payment thereof to begin at such of the said feastes as shall happen after the beginning of the said terme And alsoe yeelding and paying upon and after the death of every of the said Anne and Gartrude MORICE dying after the commencement of the said terme the be[~~crease~~]?? of such person persons as for that time being shalbe [dennant(?)~~~ crease ~~~] ier of the same premises at the greatest part thereof by force and virtue of these presents for and in the name of a herriot or farleise(?) or fower pounds of lawfull money of England in liew or steeppeny(?) such best beast at the election and choice of the said John EARLE OF BATH his heires and assignes provided alwayes that hiring the said Anne MORICE noe such best beast nor sume of money in liew thereof shalbee due or demanded by or after the death of the said Gartrude MORICE, And the said Nicholas MORICE his executors administrators and assignes from and after the commencement of the said terme and during the continuance of the same shall by themselves or his or their sufficient deputy or deputies doe and execnt the office of a tythingman when unto him or them it shall happen for and in the Mannor of Bydeford in the said county of Devon. And alsoe shall then doe suite to all the courts of the said John EARLE OF BATHE his heires and assignes that shalbee holden and kept for and within the said Mannor of Bydeford upon reasonable warning thereof given as other the tenants of the said Mannor there doe, or have been accustomed to doe. And likewise shall then doe suite and geinde at the Lords greist my [~~crease~~] within the said Mannor as other the tenants of the said Mannor these doe or ought to doe during the said terme. And the said Nicholas MORICE doth for himself his heires executors administrators and assignes and for any of them covenant promise and grant to and with the said John EARLE OF BATHE his heires and assignes and to and which every of them by these presents, that he the said Nicholas MORICE his executors administrators and assignes or some or one of them shall and will then also well and sufficiently repaire sustaine and maintaine all and singular the before demised premises with the appurtenances as well in houses, walles, coverings, hedges, ditches, gates, fences, and inclosures, as in all other full and necessary reparations whatsoever when and as after as need shall require at his and their owne proper coste and charges during the said terme having and takeing towards the said reparations great tymber in and upon the premises growing or to bee growne, by the deliverie or appoyntment of the said John EARLE of BATHE his heires or assignes, or his or their bayleiffe or other officer there for the time being and not otherwise, and fireboote, ploughboote, foldboote ha~?~boote and all other necessaries for the same reparations in and upon the premises from time to time growing and there upon to bee present and ymployed when and as often as need shalbee without delivery during the terme aforesaid makeing therefore thereby noe waste spoyle or destruction. And the said Nicholas MORICE doth also for him selfe his heires executors administrators and assignes and for every of them covenant promise and grant to and with the said John EARLE OF BATHE his heires and assignes and to and withevery of them by these presents, that hee the said Nicholas MORICE his executors administrators and assignes or one of them shall and will yearely during the continuance of the terms aforesaid at good and reasonable times in the yeare used for planting and setting of trees, sett and plant or cause to bee sett and planted in and upon the premises inconvenient places therof two good plants of [~crease~] ayshe or cline(?) which are likely to grow and prosper and the same after they shalbee so sett and plantes shall well preserve and kepe or cause to be performed and kept from pishing and spoyling so farre forth [~crease~] they may during the said terme. And if it happen the said yearely rent of fower and twenty shillings to bee behind or unpaid in parte or in all by the space of eight weekes next after any of the feasts or days of payment aforesaid wherein the same ought to be paid being lawfully demanded and not paid and noe sufficient distresse in or uppon the premises can or may bee found whereby the said rent so being behind with the arreareages thereof if any bee can or may bee leavied. Or if the said Nicholas MORICE his executors administrators or assignes or any of them shall doe of comitt to cause to bee done or committed any wilfull or voluntary waste or spoyle in or upon the premises or any parte thereof to the vallue of twenty shillings of currant Englishe money or upwarde on the same premises or at any parte thereof shall suffer to bee ruynous in decaye unrepaired to the value of twenty shillings of like current English money or upwards, and the same waste spoyle and decayes shall not well and sufficiently repair and amend againe within one whole yeare next after warning or admonition in that behalf to be given to the said Nicholas MORICE his executors administrators assignes or to one of them. This then and at all times after for all or any of the causes aforesaid it shall and may bee lawfull to and for the said John EARLE OF BATHE his heires and assignes into all and singular the premises with the appurtenances to reenter and the same to have againe and retayne as in his or their former right and estate these present or any thing herein contayned to the contrary in any wise notwithstanding. And the said John EARLE OF BATHE his heires and assignes as well all and singular the foresaid premises with thappurtenances (except before excepted) unto the said Nicholas MORICE his executors and assignes for and during the terme aforesaid, under the said rents herriotts suites and ~~~ices aforesaid and in manner and forme aforesaid shall and will warrant a~~nitt and defend by these presents as alsoe shall discharge sane and keepe harmelesse the said Nicholas MORICE his executors administrators and every of them and also all and singular the foresaid premises, with thappurtenances against the cheife lord and lords of the fee of the premises for the time being of and for all manner of theise rents and services payable or to bee paid for the same during the said terme and estate before in these presents mentioned. In witness hereof the partyes aforesaid to these present indentures interchangeable have sett their hands and seales yeven the day and yeare first above written.

Signed, sealed and delivered in the presence of Hum: MORICE, Elizabeth MORICE, Lewes PRESCOTT.