Jasper Hawkins - Indenture 1749

Related to Lease of House on Clovelly Key (Winkelbury Linch)

North Devon Record Office 1142 B/L 17

Transcribed by Virginia Shemeliuk

[This transcription aims to match the (mis)spellings of the original document. Comments by the transcriber are enclosed in square brackets, missing or illegible text is shown by dots, and uncertainty of transcription with a question mark. Asterisks represent the symbols that were used to fill out the ends of some lines in the original text.]

This Indenture made the Eighth day of June In the year of our Lord One Thousand Seven Hundred and Forty nine Between Zachary Hamlyn of Lincoln Inn in the County of Middlesex Esquire (Lord of the Manor of Clovelly which lies in the County of Devon) of the one part and Jasper Hawkins the younger of the Parish of Clovelly in the County of Devon Marriner of the other part Witnesseth that the said Zachary Hamlyn for and in consi[d]eration of Eight Pounds of Lawful money of Great Britain to him by the said Jasper Hawkins in hand paid before the [...]tion hereof the receipt whereof the said Zachary Hamlyn doth hereby Acknowledge Hath demised and Leased and by these presents Doth Demise and Lease unto the said Jasper Hawkins All that Dwelling House garden and Backside with the appurtences Situate at the Key of Clovelly otherwise Winklebury Linch and now in the possession of Jasper Hawkins Marr[I]ner father of the said Jasper Hawkins (party hereto) and Margery Gilbert widow or one of them (Except and [...] and always out of this present Demise reserved unto the said Zachary Hamlyn his Heirs and assignes and to his and their Steward Servants and workmen for the time being free Liberty of Ingress and Egress and Regress to and for him and them from time to time and at all times in the day^time during the Term hereby intended to be demised into out of and from any part or partof of the said premises as well to view the same as to examine into the repairs thereof To Have and to Hold the said house and premisses (Except before excepted) unto the said Jasper Hawkins (party hereto) for and during the [?] Term of Ninety nine Years if the said Jasper Hawkins (party hereto now of the age of Twenty one) shall so long happen to live The said Term to Commence from and imediately after the death of the said Margery Gilbert (whose maiden name was Palmer) and Mary the now wife of the said Jasper Hawkins ( the father whose maiden name was also Palmer) Yielding and paying therefore yearly after the Commencement of the said Term and during the Continuance thereof [xxx?] unto the said Zachary Hamlyn or his Heirs and Assignes Five shillings of Lawfull money of Great Britain at the four feasts in the year for payment of rent that is to say the Nativity of Saint John the Baptist Saint Michael the Archangel The Birth of our Lord God and the Annunciation of our Blessed Lady Mary the Virgin by even and equal portions The First of which payments to be [...] first of the said feasts which shall next happen after the Commencement of the said Term And also Yeilding and paying unto the said Zachary Hamlyn his heirs and assigns Immediately after the death of the said Jasper Hawkins (party hereto) he Dying after the Comencements of the said Term Six Shillings and eight pence for and in the name of a Herriot or Farhew [?] And the said Jasper Hawkins (party hereto) Doth for himself his Executors administrators and assignes Covenant and promise to and with the said Zachary Hamlyn his Heirs and Assignes in manner and Form Following Viz. That he the said Jasper Hawkins shall and will after the Commencement of the said Term and during the Continuance thereof do Suit and Servne * * * yearly at All the Courts of the said Zachary Hamlyn his heirs and assignes which shall be holden for his and their Manor of Clovelly aforesaid on the like Notice as other the Tenants of the said Manor there do or have used to do And that he the said Jasper Hawkins party hereto his Executors administrators and assignes shall and will at his and their own proper Costs and Charges after the Commencement of the said Term will and Sufficiently Repair Sustain and Maintain the said Demised premisses with the appurtenances [...] All needful and necessary reparations * * * * whatsoever during the said Term and at the end thereof the same so well repaired shall and will leave and yeild up and that if it happen the said yearly rent of Five shillings shall be behind and unpaid in part or in all by the space of one month next after any ^{of the} Feasts aforesaid in * * which the same ought to be paid being Lawfully Demanded and then not paid and no sufficient Distress in or upon the said Demised * * * premisses may or can be found whereby to Levy the same with the Arrears thereof (if any) or if the said Jasper Hawkins (party hereto) his Executors or Administrators shall permit the same premisses or any part thereof to become ruinous or in Decay and do not amend the same within two * * months next after notice moreof to him [...mem?] by the said Zachary Hamlyn his heirs assignes [...] or their Steward that [...] thenceforth for All or any or either of the causes afores? Shall and may be Lawfull to and for the said Zachary Hamlyn his heirs and assignes [...] and Singular the said Demised premises with the appurtenances ^to Reenter and the same to have again repossess and [...]in his and their first former Estate these presents or any thing therein contained to the Contrary thereof in anywise notwithstanding And the said Zachary Hamlyn for himself his Heirs doth hereby covenant and Promise to and with the said Jasper Hawkins (party hereto) his Executors administrators and assigns That to the said Jasper Hawkins (party hereto) under the reservations and on his performing and keeping his Covenants aforesaid shall and may Lawfully peaceably and Quietly Have hold and enjoy the said Demised premisses with the appurtenances in manner aforesaid and during the said Term without the Lawfull Let or Hindrance of him the said Zachary Hamlyn his Heirs or Assignes of any other person or persons claiming or to claim by from or under him or them any or either of them. In Witness thereof the parties aforesaid unto these present Indentures their * * hands and Seals Interchangeably have set the day and year First above written.

Jasper Hawkins