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Help and advice for Purchase of Property in Northam (1612)

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Purchase of Property in Northam, Appledore and Irsha, 10th December 1612.

Bargain and Sale by George Willett gentleman of Bideford,
to Thomas Docton gentleman of Hartland.

Devon Record Office, ref: QS47/Endowed Deed No.1498

Transcribed by David Carter

[Punctuation and line-spaces have been added by the transcriber]

This Indenture made the tenth daye of December in the tenth yeare of the raigne of our Soverigne Lord James by the grace of god of England France & Ireland kinge defender of the fayth etc, and of Scotland the sixe & ffortyth.

Between George Willett of Bedeforde in the countye of Devon gentleman of the one p[ar]tye and Thomas Docton of Hartland in the sayd countye gentleman of the other p[ar]tye.

Witnesseth that the sayd George Willett for & in consideration of the sume of five hundred & fiftye pounds of good & lawfull money of England unto the sayd George Willett by the sayd Thomas Docton att & before th[e] ensealinge & deliv[er]ye of theis p[re]sents well & truelye payde whereof & wherewith the sayd George Willett acknowledgeth himselfe satisffied & of the same & of everye p[ar]te & p[ar]cel thereof doth fullie & cleerelye exon[er]ate acquitte & discharge the sayd Thomas Docton his heires executors administrators & assignes & everie of them by these p[re]sents hath geven gr[a]nted aliened bargained & solde & by theis p[re]sents doth cleerelye & absolutelye give grannte alien bargaine & sell unto the sayd Thomas Docton his heires & assignes to the onlye use & p[ro]per behoofe of the same Thomas his heires & assignes for ever.

All that messuages lands ten[emen]ts & cottages howses tofts ffile closes of land & pasture with the app[ur]tenances contayninge by estimation twelve acres of lande be yt more or les, And all other hereditam[en]ts called of knowen by the name or names of Irsha sytuate lyinge & beinge w[i]thin the p[ar]ish of Northam & countye of Devon togeather also with one meadow with th[e] appurtenances att or in Underborough conteyninge by estimation two acres of land.

And also all & sing[u]lar howses edifice buildings barnes stables shibpings gardens orchards lands tenem[en]ts leases pastures trees woods underwoods moores commons wasts wastgrounds ponds pooles waters watercourses wayes pathes easements p[ro]fytts comodityes advantages emoluments & hereditaments whatsoever unto or with or for or as p[ar]te p[ar]cell or member of the sayd pr[e]mises or anye or eyther of them now or att anye tyme or tymes within the space of twentye & seaven yeares now last past before the date of these presents moydent(?) belongine app[er]teyninge letten demised or comonly had used occupied enioyed reputed or taken now or late in the severall demises or occupations of Richard Bennett deceased, Will[ia]m Bennett, Roberte Tucker, Walter Bennett, Gabriell Kinge, John Barnehowse, Richard Sampson, David Heard, John Shorte, John Wise, John Sutton, John Leaworthie, John Horetopp, Alexander Maddocke, William Horetopp, John Anger, John Goode, John Davie, John Davie, John Burges, Rob[er]te Kinge, Will[ia]m Bennett the younger, Thomas Gordinge, John Philpe, Richard Whittson, Thomas Leigh gent, John Bants clarke, William Molforde gentleman, and Thomas Browne or of anye or eyther of them w[i]th all & sing[u]lar everye of theire appurtenances called Irsha & Underborough & in everie or annye of them sytuate w[i]thin the sayd p[ar]ish of Northam & countye of Devon and also all other the messuags lands tenem[en]ts & hereditaments whatsoever in Irsha or called or knowen bye the name of Irsha sytuate lyinge cominge growing arising increasing or renewinge in or w[i]thin Irsha & Underborough or in or w[i]thin anye or eyther of them w[i]th all & sing[u]ler theire & everie of theire appurtenances & also the rev[er]sion & reversions of all & sing[u]lar the pr[e]mises & of everie p[ar]te & p[ar]cel thereof.

And the sayd George Willett for the consideration aforesayd hath also bargained & solde & by theis p[re]sents doth bargaine & sell unto the sayd Thomas Docton his heires & assignes for ever all & all manner of eviden[c]es deeds ch[art]res ffynes exemplifications escripts mynyments & writings whatsoever concerninge the pr[em]ises before in & by theis p[rese]nts mentioned to be bargained & solde or anye p[ar]te or p[ar]cel thereof all w[i]th or such or ove manye of them as the sayd George Willett hath in his handes possession or custodye or w[hi]ch are in the hands possession or custodye of anye other p[er]son or p[er]sons by his deliv[er]ye or to his use and w[hi]ch he maye lawfullie attayne unto or come by w[i]th out suite in the law the sayd George Willett doth for himselfe his heires executors & assignes & for everie of them coven[a]nte p[ro]mise & gr[a]nnte to & w[i]th the sayd Thomas Docton his heires & assignes by theis p[re]sents to deliv[er] or cause to be deliv[er]ed unto him the sayd Thomas Docton his heires & assignes saffe whole uncancelled & undefaced or in such manner as the same now are & be uppon reasonable request in that behalfe on thisside & before the feast of Easter now nexte ensuing the date of theis p[re]sents.

To have & to holde all & sing[u]ler the sayd messuages cottages howses tofts lands ten[emen]ts meadows & closes of land w[i]th all & sing[u]ler other the pr[e]mises w[i]th the appurten[a]nces before in & by theis p[rese]nts mentioned to be bargained & solde w[i]th all & sing[lu]er everye theire appurten[a]n[c]es unto the sayd Thomas Docton his heires & assignes to the onlye & p[rop]er & behooffe of the sayd Thomas Docton his heires & assignes for ever to be holden of the cheiffe lords of the fee of the same by the rents & services thereof first due & of right accustomed.

And the sayd George Willett doth further coven[a]nte & gr[a]nnte for himelfe his heires executors & administrators etc everie of them to & w[i]th the sayd Thomas Docton his heires & assignes & to & w[i]th everie of them by theis pre[se]nts in manner & forme following, that is to saye that he the sayd George Willett att the tyme of th[e] ensealinge & deliv[er]ye of theis p[res]nts ys the verie true & lawfull owner of th[e] enheritance of all & sing[u]ler the pr[e]misses before in & or by theis p[re]sents mentioned to be bargained & solde & of everye p[ar]te & p[ar]cel thereof And that he now doth stand & ys lawfullie & sole seised in his owne righte & to his owne use of & in the same p[re]mises & of & in everie p[ar]t & p[ar]cel thereof of a good lawfull & p[er?]fitte estate in the law in fee simple absolutelye w[i]thout anye manner of condition in deed defeasance(?) or lymitation or lymitations of use or uses over to alter channge or determyne the same And that he now hath lawfull power & lawfull authoritye in his owne right to give gr[a]nnte alien bargaine sell assure & conveye the same p[re]mises & everye p[ar]te & p[ar]cel thereof unto the sayd Thomas Docton his heires & assignes to the only & p[ro]per use & behooffe of the same Thomas Docton his heires & assignes for ever in manner & forme aforesayd And that there ys not anye rev[er]tion or remainder of the same p[re]misses or of anye p[ar]te & p[ar]cel thereof in our Sov[er]aigne Lorde the Kings Ma[jes]tie.

And also that all & sing[u]lar the p[re]mises before in & by theis p[re]sents mentioned to be bargained & solde are & be & everie parte & parcel thereof ys att the tyme of th’ensealinge & delivye of theis presents & att the tyme of the executinge of the estate before by theis p[re]sents lymitted shalbe & soe shall or lawfullie maye from tyme to tyme att all tymes after duly execu[ti]on had be & contynue unto the sayde Thomas Docton his heires and assynes for ever in manner & forme aforesaid And according to the true intent & meaninge of theis p[re]sents free & cleerelye exon[er]ated acquitted & discharged or otherwise from tyme to tyme uppon everie reasonable request in that behalfe well & sufficientlye saled & kepte harmeles by the says George Willett his heires executors adm[ini]strators & assignes or by some or one of them of & from all former & other guifts gr[a]nnts bargaines sales leases ffynes feoffements mortgages entayles willes titles uses rents chardge rents stoke arrerags of rents statuts marchaunte statuts of the staple recognizences bonds penaltyes forfeytures intrucons condempnations judgments lyveres oustrelemaynes yssues & am’cyaments & of & from all other temporall birdons chardgs & incumbrances whatsoever excepte the highe & cheiffe rents & servics of & for the premises or anye p[ar]te or p[ar]cel thereof unto the cheiffe lorde or lords of the ffee of the same or of anye g[ran?]te thereof from the noeforth to be come due payeable or to be donne and alsoe excepte all & everie lease grannte & estate heretofore made or gr[a]nted by the sayd George Willett Richard Bennett & Richard Willett deceassed father of the sayd George or by anye of them of anye of the sayd dwellinge howses cottages or tofts & meadow before the first daye of June now last past before the date of theis p[re]sents to anye p[er]son or p[er]sons now beinge in possession by vertue thereof and as yet not determined the same not exceeding the same not exceeding the terme of one two or three lives att the uttermost or for yeares determinable uppon one two or three lives from the makinge of the sayd lease leases estate & estats & whereuppon the olde & ancient rents servics or more are & be reserved to hale contynewance duringe everie such lease leases estate & estats of anye of the sayd dwellinge howses cottages or tofts & meadow onelye & not of the sayd ffyve closes of land now anye of them nor of anye p[ar]te or p[ar]cell of them or anye of them in anye wise excepted.

And the sayd George Willett doth further for himselfe his heires executors & administrators & for everie of them coven[a]nte & gr[a]nnte to & w[i]th the sayd Thomas Docton his heires & assignes & to & w[i]th everie of them by theis p[re]sents that he the sayd George Willett & his heires & all & everye other p[er]son or p[er]sons havinge or that hereafter shall have or maye lawfullie clayme anye good or lawfull estate righte title interest rent or other p[ro]ffitte of in to or out of the p[re]misses or of anye p[ar]te or p[ar]cell thereof by from or under the title or interest of the sayd George Willett Richard Bennett & Richard Wyllett deceased father of the sayd George or of anye of them the sayd cheiffe lorde or lords of the fee or fees of the p[re]misses or of anye p[ar]te thereof onelye for & concerninge his & theire high & cheiffe rents or servics & the severall p[er]sons & leases & ten[em]ents whose estates & interests are before in theis p[re]sents excepted theire & everie of theire executors administrators & assignes & all & everie other p[er]son & p[er]sons interested or lawfullie clayminge to be interested or lawfullie to clayme by from or under the sayd George Richard & Richard or anye of them the p[ar]ticuler & severall estats interests & termes before in theis p[re]sents or onlye for & converinnge anye p[ar]te & p[ar]cel thereof excepted shall & will execute make knowledge doe & suffer & cause to be executed made knowledged done & suffered all & everie such further acte or atcts thinge or things devise & devises in the law for the further & more p[ro?]fitte assurance sure(?) making & conveyinge of all & sing[u]lar the p[re]misses before in & by theis p[re]sents men[ti]oned to be bargained & solde with th[e] app[ur]tenancies & of everie or of anye p[ar]te or p[ar]cell thereof unto the sayd Thomas Docton his heires & assignes to the onelye & p[ro]per use & behooffe of the sayd Thomas his heires & assignes for ever be hit by fine feoffm[en]t recov[er]ye or recov[er]yes w[i]th double or single vowcher deede or deeds inrolled w[i]th the inrollm[en]t of theis p[re]sents release confirmation w[i]th warrantye against all p[er]sons & by all & everie or anye or by such & doe manye of the same ways or meanes or by anye other lawfull waye or meanes whatsoever w[i]th like warrantye as ys aforesaid or w[i]thout warrentye as by the sayd Thomas Docton his heires or assignes or by anye of his or theire coundell learned in the lawe & att the onlye costs & charges in the lawe of the same Thomas his heires or assignes shalbe reasonablie devised or advised & required w[i]thin the space of ffower years now next ensuinge the date of their p[re]sents due as for or aboute the doinge making knowledgeinge or executinge thereof the said George Willett nor his heires nor anye of them be compelled to travell to anye place out of the countye of Devon unlesse yt be into or in the Cittye of Exeter & also that everye & all & sing[u]ler ffyne & fynes assurance & conveyance assurances & conveyances whatsoever w[i]thin the sayd space of ffower yeares now next ensuinge the date of theis p[re]sents to be knowledged levied made done or executed by the sayd George Wyllett or his heires of the p[re]mises before in or by theis p[re]sents mentioned to be bargained & solde or of anye p[ar]te or p[ar]cell thereof shalbe adindyed esteemed expounded taken to be or chalbe to the onlye & p[ro]per use & behooffe of the sayd Thomas Docton his heirs & assignees for ever.

And the sayd George Willett & his heires all & sing[u]lar the premises before in or by theis p[re]sents mentioned to be bargained & solde w[i]th th[e] app[ur]ten[a]nces unto the sayd Thomas Docton his heires & assigned to the onlye & p[ro]per use & behooff of the same Thomas his heires & assignes for ever against all p[er]sons shall & will warrantye acquitte & defent bye theis. In witness whereof the p[ar]ties aforesayd to theis p[re]sent indentures theire seales interchangeablie have putt dated the daye month & year firste above written 1612.