Bargain and Sale of Aller and Pollington, Bishops Nympton 6 November 1570: Stucley to Saunders

Transcribed from digital images of the original in North Devon Record Office (ref. 2309/B/T9/1)
by Desmond Painter with advice from Tim Wormleighton 2006

This Indenture Made the Sixe Daye of November in the twelf yere of the reigne of our Sovereigne Ladie Elizabeth by the grace of god of Inglande ffraunce and Irelande Quene Defendoure of the faithe &c Betwyne John Stucley sonne and heire apparent of Lewes Stucley of Lifton in the Countie of Devon Esquier and Hugh Stucley brother vnto theseid John gentleman of thone partie And Edmounde Saunder of Nymett Epi in theseid Countie of Devon of thother ptie Witnessith that theseid John Stucley and Hugh Stucley for and in consideracon of the some of threescore and tenn pounds of laufull Inglish money to them theseid John and Hugh by theseid Edmounde Saunder before thensealinge and delyverye of these presentes well and truely satisfied contented and payed whereof and wherewith they theseid John Stucley and Hugh Doe Acknowledge them selves to be fullye satisfyed and payed and thereof and of everye pte and pcell thereof, Doe clerelie acquite and Discharge theseid Edmound Saunder his executours and adminstratours and everye of them by these presentes Have gyven graunted confirmed alyened infeoffed bargayned and Sold, and by these presentes Doe gyve graunte confirme alyen infeoff bargayne and Sell, to theseid Edmounde Saunder his heires and assignes for ever, to thonlie vse and behoufe of theseid Edmounde Saunder his heires and assignes for ever, All that those mesuages lands and tenem^tes with their app^rten^ances comenlie callid or knowen by the name and names of Aller and Polyngton Situate lyeing and beinge with in the pish of Nymett Epi alias Bishops Nymett in theseid Countie of Devon and nowe in the tenure and occupacon of John Holme or his assignes Together w^th all and singler mesuages lands Tenementes meadowes leasues pastures fedinges woods underwoods mores comens wastes rentes revercons S^rvices and all manner other comodyties and heredytamentes whatesoever, with all and singler their app^rten^ances accepted reputed knowen leasid demisid vsid or occupyed with or as pte pcell or member of theseid mesuages lands and tenem^tes or to theim or anye of them in anyewise belonginge or appteynynge All which mesuages lands and tenem^tes and other the premisses with thapp^rten^ances nowe are or latelye were or soe were reputed and taken to be pcell of the manor of Highhayne in theseid Countie of Devon, which Humfrey Broughton and John Beare emonges others latelie hadd and purchased to theim and their heires of S^r John Seyntleger Knight, And which theseid John Stucley and Hugh Stucley likewise latelie purchased to theim and their heires of theseid Humfrey Broughton and John Beare And alsoe theseid John Stucley and Hugh Stucley for the consideracons aforesaid have gyven graunted bargayned and Sold, And by these presentes Doe gyve graunte bargayne and Sell vnto theseid Edmounde Saunder all and Singler Evydences deids charters wrytinges exemplificacons fynes recoveryes rentalls terroures and munim^tes concernynge onlie the premisses or anye pte or pcell thereof, To have and to hold theseid mesuages lands and tenem^tes Callid Aller and Polyngton and all and Singler other the premisses with thappten^ances to theseid Edmounde Saunder his heires and assignes for ever to thonlie vse and behoufe of theseid Edmounde his heires and assignes for ever And theseid John Stucley and Hugh Stucley Doe covenante and graunte for theim selves their heires executours and administratours by these presentes to and with theseid Edmounde Saunder his heires executours administratours and assignes in maner and forme folowinge, That is to Saye that they theseid John Stucley and Hugh Stucley are verie true and lawfull owners of all theseid mesuages lands and tenem^tes and other the premisses with thapp^rtenn^ances before by these presentes bargayned and Sold and of everye pte and pcell thereof of a pfect estate in fee symple withoute condycon, And that they theseid John Stucley and Hugh Stucley are thereof iontlye Seasid to their owne onlie vses of a good and pfect and indefesyble estate in fee symple and haue full power and laufull authorytie to gyve graunte alyen infeoff bargayne and Sell the same to theseid Edmounde Saunder his heires and assignes to thonlie vse and behoufe of theseid Edmounde his heires and assignes for ever, And that theseid mesuages lands and tenem^tes and other the premisses with thapp^rtenn^ances by these presentes bargayned and Sold are of the clere and yearlie valewe of twyntie shillinges of laufull money of Inglande over and above all charges and reprises and of that clere yearlie valewe shall or maye contynewe at all tymes hereafter, payeable to theseid Edmounde Saunder his heires and assignes for ever And further theseid John Stucley and Hugh Stucley for theim Selves their heires executours and administratours Doe Covenant and graunte to and with theseid Edmounde Saunder his heires executours and assignes by these presentes that he theseid Edmounde his heires and assignes and everye of theim shall or maye from hensfourth peaceably and quietlie have hold occupie and Enioye to thonlie vse and behoufe of theseid Edmounde Saunder his heires and assignes for ever, all and Singler theseid mesuages lands and tenem^tes and all and Singler other the premisses w^th thapp^rtenn^ances and everye pte and pcell thereof w^thoute anye laufull lett interupcon molestacon Disturbans expulsion or evicon of theseid John Stucley and Hugh Stucley their heires or assignes or of anye other pson or psons whatesoeuer haveinge or laufullie claymynge anye estate of inherytaunce of in or to the premisses or anye pte or pcell thereof, And alsoe shall or maye peaceably and quietlye levie pceyve and take the Rentes revenues issues and pfittes thereof comynge and growynge by thand of the ten^ante and ten^antes thereof withoute anye laufull interrupcon or Evicon of the seid John Stucley and Hugh Stucley their heires or assignes or of anye other pson or psons whatesoeu^er And theseid John Stucley and Hugh Stucley for theime selves their heires executours and administratours Doe further Coven^ante and Graunte to and with theseid Edmounde Saunder his heires executours administratours and assignes by these presentes that they theseid John Stucley and Hugh Stucley their heires executours and administratours shall at all tymes hereafter from tyme to tyme acquicte exonerate and Discharge or otherwiese Save harmles Aswell theseid Edmounde Saunder his heires executours administratours and assignes and the tenante fermoure or occupyer of theseid mesuages lands and tenementes and other the premisses and everie pte and pcell therof, As alsoe theseid mesuages lands and tenemen^tes and all and Singler other the premisses with thapp^rten^ances and everye pte and pcell therof Of and from all and everye former bargayne Sale title vse Ioynture dower Statute marchaunte statute staple recognisaunce rent charge rent Seck arrerage of Rentes ffees Annuities porcons pencons forfaytures morgages condempnacons executons intrucons fynes for Alyenacons and of and from all other manner of titles charges troubles incumbraunces and Demaunds whatesoeu^er the high Rentes and S^rvices to the cheif Lorde or Lords of the fee therof from hensfourth to be dewe and thestate of theseid mesuages lands and tenem^tes made vnto John Holme Elizabeth his wief Peternell their daughter and John Holme of Stodelye by Copie of Courte Roll for terme of their lyves accordinge to the Custome of the mannor of Highhayne aforesaid, wherevppon thold accustomed Rentes and S^rvices or more are resessind and shalbe payeable yerelie Duringe the contynuaunce of theseid estate to theseid Edmounde Saunder his heires and assignes onlie exceptid and foreprisid >And alsoe theseid John Stucley and Hugh Stucley their heires executours and administraours, Doe further Couen^ante and graunte to and with theseid Edmounde Saunder his heires and assignes that they theseid John Stucley and Hugh Stucley their heires and assignes and everie other psone and psons their heires and assignes heveinge anye estate of inherytaunce of in or to theseid mesuages lands and tenem^tes and other the premisses with thapprtenances or anye pte or pcell therof by these presentes bargayned and Sold either in possession revercon remayneder or in vse shall at all tyme and tymes hereafter when they or anye of theim shalbe therunto reasonably required by theseid Edmounde Saunder his heires or assignes, Doe make knoweledge and suffer or cause to be made don knoweledgid and sufferid all and everie such further Acte and Actes thinge and thinges as shalbe for the better and more pfect assuraunce suertie suer makeinge and conveyghinge of all and Singler the premisses with thepp^rten^ances to theseid Edmounde Saunder his heires and assignes to thonlie vse and behoufe of theseid Edmounde Saunder his heires and assignes for ever, Behit by fyne feoffment release with warrantie ageynst all men confirmacon with like warrantie recoverie w^th voucher or vouchers oure deide or deides inrolled inrolement of these present Indentures or otherwiese or by all the wayes and meanes aforeseid or by anye of theim as by theseid Edmounde Saunder his heires or assignes or by his or their lernyd Councell in the lawe shalbe Demisid admisid or requirid at thonlie costes and charges in the lawe of theseid Edmounde Saunder his his heires or assignes. Alsoe theseid John Stucley and Hugh Stucley for theim selves their heires executours and administratours Doe further coven^ante promise and graunte to and with theseid Edmounde Saunder his heires executours and assignes that they thesid John Stucley and Hugh Stucley and their heires and everye other psone and psons beinge Seisid of theseid mesuages lands and tenementes and other the premisses with thapp^rten^ances shall from and ymedyatelye after the Sealinge and Delyverye of these presentes be Seisid of and in the same and everye pte and pcell therof to thonlie vse and behoufe of theseid Edmounde Saunder his heires and assignes for ever, And that all fynes recoveries and all maner other estate conveyaunce and assuraunce hadd made and conveigheid of theseid mesuages lands and tenementes and other the premisses with thapp^rtenances or of anye pte or pcell therof and hereafter to be hadd made and conveyed shalbe to thonlie vse and behoufe of theseid Edmounde Saunder his heires and assignes and to none other vse intent nor purpose. And theseid John Stucley and Hugh Stucley for theim selves their heires executours and administratours Doe fynallie Covenante and graunte to and with theseid Edmounde Saunder his heires executours administratours and assignes that they theseid John and Hugh Stucley their heires executours andministratours or assignes shall and will vppon request to them or anye of them to be made within one sole yere next folowinge such request delyver or [to be] cause to be Delyvereid vnto theseid Edmounde Saunder his heires or assignes vndefacid vn[ ]selid and not ympayrid all theseid Evydences Deids Charters Wrytinges Exemplificacons fynes recoveries Rentalls terrours Courtrolls escriptes and munim^tes whtesoeu^er
concernynge onlie the premisses or anye pte or pcell therof which they theseid John Stucley and Hugh or anye of theim or anye other their or either of their vses nowe have or anye tyme before suche request as aforesaid shall have or that they their heires executours or administratours maye laufullie [ ] withoute suet in the lawe to geithers w^th the fyne Copyes of all suche other deids wryttinges charters munim^tes and escriptes as concerne the premisses or anye pte or pcell therof before bargayned and Sold and other lands and tenemt^es, the wrytinge of theseid Copyes to be at the coste and charge of theseid Edmounde his heires executours administratours aand assignes And theseid John Stucley and Hugh Stucley and their heires and theires of everie of them theseid mesuages lands and tenem^tes and all and singler other the premisses with thapp^rten^ances and everye pte and pcell therof to theseid Edmounde Saunder his heires and assignes in maner and forme aforeseid ageynst all people shall warrante acquicte and defend by these presentes ffurthermore theseid John Stucley and Hugh Stucley haue constituted ordeyned and in their place putt their welbelouid in Christ St John Heale and Roger Toker their true and laufull Attorneys ioyntlie and severallie for theim and in their stead and names to enter in All and singler the premisses with thapp^rten^ances and possession and seison therof to take and after such possession and seison soe therof taken and hadd to delyver therof to thaforeseid Edmounde Saunder or to his Attorney in this behalf full and peacaeable possession and seison accordinge to the forme and effecte of these present Indentures Ratefyenge and confirmynge whatesoeu^er their seid Attorneys [or] anye of them shall Doe in the premisses by these presentes In witnes whereof the pties aforeseid to these presentes Indentures Interhaungeablye haue putt their Seales, yeven the Daye and Yere above wrytten

John Stucley                Hugh Stucley