Transcript

of

Lease of Land at Colompton

Devon & Cornwall Notes & Queries 9:2, (1916) pp. 44-47.

by

Beatrix F. Cresswell

Prepared by Michael Steer

Note 41 records the full text, without commentary, of an indenture made on February 14th 1566 between a number of Bradninch residents concerning land and tenements called Hillersdon Down, Bourne and Shutlake in the parish of Cullompton. Google with the Archive Organization has sponsored the digitisation of books from several libraries. The Internet Archive makes available, in its Community Texts Collection (originally known as Open Source Books), books that have been digitised by Google from a number of libraries. These are books on which copyright has expired, and are available free for educational and research use. The copy of this rare book is held in the Library of Arthur William Bryant Messenger, and is available from the Internet Archive.

Note 41. Lease of Land at Colompton. - This Indenture made the fourteneth daye of flfebruarye in theight yere ofthe reigne of oure Sovereign iadie Elizabeth [1566] by the grace of God Quene of England ffrance & Irelande defender of the / ffaith  ect betwene John Balfron of Bradnynch in the countie of Devon [blank] & Julian his wiff of thone parte and John Pratt of the same towne & countie Miller of thother parte Witnesseth th* / Robert heliar hath & holdeth for terme of certen yeres yet enduring if the said Robert so long happen to live all those messuages landes tenements meadowes leafnes & pastures with thappurtenances called * /  lieng & being in the parishe of Colompton in the saide countie of Devon with comon of pasturage upon Hillersdon Downe for all his beasts & cattalles att all tymes of the yere together with the * / quarry parke as by one indenture thereof to hym made more playnly appereth  And wereas John Hillersdon esquier by his indenture being date the third daye of March in the xxxjth yere * / of our late soveraigne lord of famous memorye henry theight late Kyng of England dydd devise graunte & confirme unto the said Julian by the name of Julyan heliar daughter of the said Robert + / singuler the said landes tenements meadowes & pasturages called Bourne & Shutlake with the comon of pasturage aforesaid & also the said quarrye called quarrye parke & all and singuler other the pre [misses] To have & to hold all & singular the said lands tenements meadowes & pasturages called Bourne & Shutlake and all other the premises before expressed & specified unto the said Julyan +/  daye of the date of the said indenture untill them & terms of fourscore yeres from thence next ensuyng & fullie to be compleat & ended if the said Julyan so long happen to live which * / begynne to take effect ymediatelie from and after the death surrender or forfeiting of the said Robert helyer Yelding & Payeng then therefore yerelie to the said John hillersdon / twentie five shillings of lawfull mony of England at foure tymes of the yere principall and most usuall by even porcions with divers other covenaunts grauntes clames & agreements / specified as by the same more at large appereth Knowe ye nowe that the said John Balfron & Julyan his wiff for & in consideracion of the sum of sixe poundes thyrtene shillings] / of lawfull money of England to them by the said John Pratt at then sealing of these presentes well & quietlie paid whereof they knowledge themselffe to be fullie satisfied and thereof do * / & exonerate the said John Pratt his executors & admynystrators by these presents do fullie & clerelie give graunte assign / unto the said John Pratt & his assignes all there hole estate tenure title and interest which the said John Balfron & Julyan his wiff as in the right of the said Julyan nowe/  said recyved indenture maye should & ought to have in & to the moytie & halfendeale of all & singuler the sayd mesuage landes tenements leafnes & pasturages with thappurtenances / Bourne & Sheetlake with the comon of pasturage upon hillersdon Downe aforesaid together with the moitie of the quarrie called quarrie parke with all and singuler the appurtenances / & enioye the moietie & halfendeale of all & singuler the said mesuage landes tenements comon of pasturage and quarries aforesaid with all & singuler the appurtenances to the said John  / & assigned for and during the hole term estate & interest of the said John Balfron & Julyan his wiff as in the right of the said Julyan of & in the same & for & during as many yeres * /  John Balfron & Julyan his wiff as in the right of the said Julyan nowe have or maye have or by the said indenture before receyved ought to have in or to the moytie of the / parcelles thereof And the said John Balfron & Julyan his wiff for theym & theire executors & admynystrators covenanten & graunten & every of them doth covenannte and graunte to & with the * / his executors and assignes by these presentes that all & singuler . . . [folded here] . . . with th appurtenances are clerlie exonerated acquytted & discharged of all former bargaynes sales graunts &  made or don by the said , . . [folded here] . . . And ffurther the said John Balfron & Julyan his wiff do covennant & graunte to and with the / his executors . . . [folded here] . . . John Balfron & Julyan his wiff . . . [folded here] ... of theym at any tyme or tymes happen during the said * /surrendering or gevcn upp the . . . [folded here] . . . thereyn conteyned nor do nor suffer to be don any other acte or actes thing or thinges which shall or maye wise hurtfull or prejudiciall to the said receyved indenture or to the said estate interest or tenure of yeres of the said Julyan yn or to the premysses or whereby the said recyved [indenture] / or might lose his force or in any wise be made voide in lawe but that the said John Balfron & Juljan his wiff or one of theym shall att all tymes hereafter from tyme * / the reasonable request of the said John Pratt his executors or assignees or any of them bryng or showe or cause to be broughte or showed the said former indenture in any / maiesties courte of assize or elsewhere for preservacion & mayntenance of the right title interest & tenure of yeres of the said John Balfron & Julyan his wiff as in the Julyan * / in & to the premisses or any parcel thereof during the said tenure And the said John Pratt doth covenante &. graunte for hymselffe his executors & assignees to & with John Balfron & Julyan his wiff & every of them by these presentes that the said John Pratt his executors & assignees shall from henceforth from tyme to tyme during the  * / exonerate acquitt & discharge the said * / Balfron & Julyan his wiff &. every of them of for and concernyng the moiety or halfendeale of all covenanntes graunted articles &c * / are on the parte of the said John Balfron & Julyan his wiff as in the right of the said Julyan to be observed performed fulfilled made don or kept of for & conceryng * / halfendeale of the said messuages lands & tenements & other the premisses or any parte or parcelles thereof And FFURTHER the Said John Balfron for hym his executors * / assignees doth covenante & graunte to & with the said John Pratt his executors admynystrators & assignees & every of them by these presentes that if it happen* /to die lyving the said Robert hehar her fFather that then the said John Balfron his executors or assignees shall repaye or cause to be repayd unto the * / his executors or assignees the sum of sixe poundes thirteene shillings & foure pence of lawfull money of England att one hole entire payment * /nexte after the death of the said Julyan without covyn fraude or delaye / In Witnes Whereof the partes aforesaid to these present indentures . . .   * / Seales geven the date & yere first above writen. 

Beatrix F. Cresswell. 

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* Signifies portions missing through the document having been cut. It is also impossible to read some of the words where the document has been folded