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Mortgage for £3250 for land at Bydeforde, Devon, 3 Feb 1650.

Grafton Collection Northamptonshire Record Office ref: G 3205

Transcribed by David Carter

This Indenture tripartite made the third day of February in the yeare of our Lord God according to the accompt now used in England One Thousand Six hundred fiftie and one. Between the right honorable John Lord POULETT Baron of Hinton St George in the countie of Sommersett and Dame Margaret CHOLMELY of Cheswick in the countie of Middlesex widow of the first part, Sir John GRENVILE of Stow in the countie of Cornwall Knight of the second part, And Raph WILD of London gentleman of the third part, Witnesseth that for the full satisfaction of a great debt due to the said Lady CHOLMELEY, for which the Burrough Mannor Barton and Demesnes of Bydeford herein after mentioned were by former conveyances by Sir Bevill GRENVILE deceased father of the said Sir John GRENVILE conveyed in Mortgage to John late Lord POULETT and the said now Lord POULETT and their heires in Trust for the said Lady CHOLMELEY, And for the performance of an award made under the fifteenth day of November now last past by John ASHBURNHAM and Thomas PIGGOTT esquires touching the said mortgage It is hereby covenanted grannted concluded and agreed by, and betweene all and every the said parties to these presents for them and their heires, And the said John Lord POULETT Dame Margaret CHOLMELEY and Sir John GRENVILE for them and their heires doe covenannt and grannt to and with the said Raph WILD his heires executors administrators and assigns by these presents, That they the said John Lord POULETT Dame Margaret CHOLMELEY and Sir John GRENVILE or their respective heires shall and will before the end of Easter terme now next ensuing the date hereof acknowledge and levie in due forme of law One fine Sur Conusans de Droit come ceo etc to be ingrossed recorded and med(?) forth with proclamations according to the statutes in that case made and provided and the usuall course of fines with proclamations in such cases used unto the said Raph WILD and his heires. Of all that the Burrough Mannor Barton and Demises of Bydeford in the countie of Devon with the rights members and appurtenances thereof, And of all messuages mills lands tenements rents reversions services courto view of franckpledg liberties profitts commodities and other hereditaments whatsoever to the said Burrough mannor barton and demesnes or any of them belonging or appurteyning as part or parcell thereof used enioyed reputed or taken with their and every of their appurtenances, And of all other the messuages lands tenements and hereditaments now or at any tyme heretofore the inheritance of the said John GRENVILE in Bydeford aforesaid, By such apt and convenient name and names numbers of overssuages [?? in a crease] and acres quantities and qualities of land and other things as shall be fitt and requisite. And it is alsoe hereby covenanted & concluded and agreed by and between said parties to these presents for them and their heires and all the said parties to these presents doe hereby declare, That the said fine herein before covenanted to be levied as aforesaid, And all and every other(?) fine and fines whatsoever to be had and levied by and betweene the said parties to these presents or any of them or whereunto they or any of them shall be partie or parties shall be and euvre(?) and shall be c~~~traed expounded adindged deemed and taken to be and euvre(?), And that the connsee or connsees in the said fine or fines And all and every other person and persons whatsoever that by force and virtue of the said fine or any other fine or fines shall be seised of the said mannor and lands herein before mentioned or any part thereof shall stand and be seized thereof and of every part and parcel thereof, To the use and behoofe of the said Sir John GRENVILE his executors administrators and assignes for and during the space of six months to be accompted from the day of the date of these presents and from thenceforth fully to be complete and ended with such farther power as is herein after to him lymitted, And from and imediately after the expiration of that that terme To the use and behoofe of the said Dame Margarett CHOLMELEY, his executors and assignes for and during the terms of five hundred yeares from thence next ensuing and fully to be complete and ended without impeachment of or for any manner of wast, Subject nevertheless to such condition as is herein aftermentioned, And from and imediately after the expiration ceasing or other determination of the said terme and five hundred years then To the use and behoof of the said Sir John GRENVILE his heires and assignes forever, And to none other use or uses intent or purpose; Provided always and it is the true intent and meaning of these presents and of the parties to the same, And they doe hereby farther declare the use of the said fine to be that of the saide John GRENVILE his heires executors administrators or assignes or any of them shall or doe well and truly pay of cause to be payd unto the said Dame Margarett CHOLMELEY hir executors administrators or assignes or any of them the full and whole summe of three thousand two hundred and fiftie pounds of good and lawfull money of England at one intire payment at and upon the foure and twentieth day of July next ensuing the date hereof at or in the now dwelling house of Sir George STRODE Knight in St Johns in the parish of St James Clerkenwell in the county of Middx, That then and from thenceforth the estate or terme herein before lymitted to the said Dame Margarett CHOLMELELY hir executors administrators & assignes for five hundred years as aforesaid shall cease and be void, And thing in these presents contained to the contrary notwithstanding, And the said Sir John GRENVILE for himself his heires executors administrators or assignes and for every of them doth covenant promise and grannt to and with the said Dame Margarett CHOLMELEY hir executors administrators or assignes by these presents, That he the said Sir John GRENVILE his heirs executors administrators or assignes or some or one of them shall and will well and truly pay or cause to be payd unto the said Dame Margarett CHOLMELEY hir executors administrators or assignes the said summe of three thousand two hundred and fiftie pounds at one intire payment at the tyme and place before in the said provisos conditions mentioned for payment thereof without any defackation deduction or abatement of any thing for or in respect of any taxes or other charges ordinarie or extraordinary or otherwise Provided always, And it is hereby declared meant and agreed by and betweene all and every the said parties to these presents, And the farther intent and meaning of them and every of them and of these presents, And the farther use of the said fine is hereby declared to be, That the said Sir John GRENVILE his executors administrators and assignes shall have power, And that it shall and may be lawfull to and for the said Sir John GRENVILE his executors administrators and assignes from time to time and at all times during the contynuance of the said terme and estate for sixe monethes hereby to him the said Sir John GRENVILE his executors administrators and assignes lymitted as aforesaid by any writing or writings by him or them to be sealed and delivered, and subscribed with his or their owne hand in the presence of two or more credible witnesses to demise grant lease any part or parcel of the premises heretofore usually demised unto any person or persons whatsoever for one two or three life or lives in possession or for any terme of yeares determinable upon one two or three life or lives in possession or for one or two life or lives or any number of yeares determinable upon one or two life or lives in reversion or expectancie after any estate or estates by lease or copie of court roll for one life or determinable upon one life then in being, Or for one life or any number of yeares determinable upon one life in reversion or expectancie after any estate or estates by lease or copie of court roll for two lives or determinable upon two lives then in being, Soe as upon every such lease or leases demise or demises there be reserved to contynue due and payable during all the continuance of the said respective leases, The antient rents duties and services which have beene heretofore usually payd or performed for the same premises so to be leased, And that imediately from and after the making of every such demise lease or grant the conusees said fine and their heires and all and every other person and persons which shall be then seized of such part or partes of the said premises as shall be so demised or leased shall stand and be seized thereof and of every part and parcel thereof to the severall and respective uses of the severall and respective persons their executors administrators and assignes to whom such leases and estates shall be so made and grannted or mentioned to be made or grannted for such terms and estates as shall be so grannted or mentioned to be grannted according to the intent and true meaning of the said severall and respective deeds or writings so leasing or granting the same, And of the reversion and reversions thereof during the said leases terms and estates and of the premises themselves after the said leases terms and estates shall be ended and determined and as the same shall severally and respectively end and determine, To the use of such person or persons and for such estate and estates and in such sort manner and forme as the same are hereby lymitted and as the same should have beene, if such leases and estates so to be made by virtue of these presents had not at all beene, And the said Sir John GRENVILE doth for himself his heires executors administrators or assignes covenant promise and grannt to and with the said Dame Margarett CHOLMELEY hir executors administrators and assignes by these presents: That if default of payment of the same summe of three thousand two hundred and fiftie pounds at the time and pace before mentioned be made or suffered, That then imediately from and after such default in payment thereof the said Dame Margarett CHOLMELEY hir executors and assignes shall and may for and during all the said terme and tyme of five hundred yeares herein before lymitted or meant or intended to be lymitted to the said Dame Margarett CHOLMELEY hir executors and assignes quietly and peaceably have hold and enioy the said Burrough Mannor and all and singular the premises with the appurtenances without any the lett siute trouble eiection espulsion or eviction of or by him the said Sir John GRENVILE his heires or assignes or by any person clayming the same in by from or under him or them, And without any lawfull lett suite trouble interruption eviction or eiection of or by any other person or persons whatsoever, And that free and cleere and freely cleerely and absolutely acquitted freed and discharged of and from all and all manner of former and other bargaines sales feoffments grants leases joyntures dowers recognizances judgements executions statutes ... merchant and of the staple seizures sequestrations and causes of seizure and sequestration, and of and from all other burdens charges and incumbrances whatsoever had made or done by the said Sir John GRENVILE or by any other person or persons whatsoever the severall leases demises and grannts of several tenements and parcells of the said Burrough Manor and premises heretofore made and grannted to severall persons for severall estates and termes not exceeding three lives or determinable by the death of one two or three persons therein named severally and respectively, and that under certain yearely rents which shall contynue payable duringe their said severall estates and termes and the grannts and estates hereby allowed to be grannted and made and all such conveyances and assurances as have beene made of the premises unto the said John Lord POULETT and John Lord POULETT deceased late father of the said now Lord POULETT and the said Margaret Lady CHOLMELEY or any of them onely excepted and foreprized. And the said Sir John GRENVILE doth farther for himself his heires executors and assignes covenant promise and grannt to and with the said Dame Margarett CHOLMELEY his executors administrators and assignes by these presents, That from and after such default of payment of the said three thousand two hundred and fiftie pounds as aforesaid, he the said Sir John GRENVILE his heires and assignes shall and will from time to time and at all times within the space of seven years next after such default as aforesaid upon reasonable request to him or them to be made make doe and execute or cause to be made done and executed. all and every such farther and other reasonable Act and Acts thing and things assurance and assurances in the law as well for the better assuring and conveying of the premises unto the said Dame Margarett CHOLMELEY her executors and assignes for and during the rest and residue of the said terme or time of five hundred yeares herein before lymitted in use or meant mentioned or intended to be lymitted in use to the said Dame Margarett CHOLMELEY hir executors administrators and assignes, as alsoe for the conveying and assuring of the inheritance of the same premisses unto such person or persons and his or their heires as the said Dame Margarett CHOLMELEY or hir executors or administrators shall nominate in that behalf as by the said Dame Margarett CHOLMELEY or hir executors administrators or assignes or by her or their counsell learned in the law shall be demised advised or required. In witness whereof the said parties to these presents their hands and seales interchangeably have sett the dau and yeare first above written.

Sealed and delivered by the within named Dame Margaret CHOLMLY & Raph WILD in the presence of:
Richard LANE
Edward COOKE
Jo: HOHORN
S~~? ORCHARD
Edw: ALCHORN

Sealed and delivered by the within named John Lord POULETT in the presence of:
Will~~~~REDS
A POULETT
Anthony DOLTON
Step: ORCHARD