CHERITON FITZPAINE DEED
An Index to the Calendar of the Deeds Enrolled Within the County of Devon in pursuance of the Statute, 27 Henry VIII, 1536-1673
Compiled by John C Tingey, M.A., F.S.A., 1930.
Transcribed by Debbie Kennett
The Tingey volumes of Devon deeds are held at the Devon Record Office in Exeter. Copies are also held at the West Country Studies Library. They consist of typewritten transcripts of enrolled deeds. Deeds relating to land transactions from all over England were 'enrolled' (i.e. copied into a Roll) under a law introduced by Henry the Eighth in the 27th year of his reign (hence the words in the volume title above). They were enrolled centrally either in one of the King's Courts at Westminster in London, or at County level. Enrolment involved copying the contents of the deed into a Roll before the Master of the Rolls, at Westminster, London, or else (if copied out locally in Devon) before two Justices of the Peace for the County, and the Clerk of Peace for the County. The original enrolled deeds are on long rolls (parchment membranes rolled up) in the Devon County Quarter Sessions records at the Devon Record Office. Some particular types of deeds (fines and recoveries) recording land transactions were only enrolled at Westminster and these rolls are held in the National Archives. Some types of land transactions (conveyance by lease and release) were not enrolled at all. It should be remembered that the enrolled deeds are copies of the originals. The clerks who did the copying did not necessarily recognise all of the personal names and place names, so these could sometimes be wrongly interpreted and thus mis-spelt or wrongly copied out into the rolls.
1 October, 21 Eliz 1579
CHERITON FITZPAINE. - Agreement by Anna, wyddowe of John Cruise of Crewesmorchard, esq. with John Cruise of Rakenford, gentleman, Alexander Morrish, clarke, and Robert Webbe, yeoman, that she will enfeoff them of the tenement called Cadford in Cheriton Fitzpayne in the tenure of Robert Warren in the right of Thomasyne now his wife with all houses, dovehouses, loftes, curtilages, gardens, landes, tenements, pastures, woodes, waters, commons, rents etc. thereto belonging which Anna purchased of Henry Champernon Esq. desced. and the Feoffees will be seized of the tenement to the use of Anna and John her son and his lawful issue failing which to James Cruise, John's brother and his like issue, failing which to Arthur Cruise another brother and his like issue, failing which to the right heirs of Anna if John or James or Arthur during his tenure attempts to alienate the tenement except by a lease not exceeding 3 lives the use to him shall cease and the Feoffees shall stand seised of the tenement to the use of the next brother or the right heirs of Anna. The rent reserved upon the lease to Thomasyne Warren shall be paid to Anna during Anna's life.
Enrolment 8 October
The transcriber wishes to thank Elizabeth Glover Howard who kindly provided photocopies of the pages to enable this transcription to be prepared.