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Help and advice for Purchase of Property in Northam (1617)

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Purchase of Property in Northam, 16th October 1617.

Bargain and Sale by Thomas Vallett gentleman of Northam,
to Thomas Docton of Docton in Hartland esq.

Devon Record Office, ref: QS47/Endowed Deed No.1613

Transcribed by David Carter

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

This indenture made the sixteenth daye of October in the ffifteenth yere of the reigne of our Soveragne Lord James by the grace of god kinge of England ffrannce & Ireland defender of the faith etc. And of Scotland the one & ffifteth.
Betwene Thomas Vallett of Northam in the county of Devon gentleman of the one p[ar]tye, and Thomas Docton of Docton w[i]thin the p[ar]ishe of Hartland in the sayd countye of Devon of the other p[ar]tye.
Witnesseth that the sayd Thomas Vallett for & in consideration of the ffull & whole some of Sixe hundred & fortye pounds of lawfull of England unto hym the sayd Thomas Vallett by the hands of the sayd Thomas Docton att & before th[e] ensealinge & deliv[er]ye of these p[re]sents well & truelye satisfied contented & payd whereof & wherew[i]th the sayd Thomas Vallett acknowledgeth himselfe fullye satisfied contended & payd.
And thereof & of everye p[ar]te & p[ar]cell thereof doth fullye & cleerelye acquitte exonerate & discharge the sayd Thomas Docton his heires executors administrators & assignes & everye of them by these p[re]sents hath given gr[a]nnted aliened bargained & solde.
And by theise p[re]sents doth absolutely & freely give gr[a]nnte alien bargaine & sell unto the sayd Thomas Docton his heires & assignes to the onelye use & p[ro]per behouffe of the sayd Thomas Docton his heires & assignes for ever.
All that messuage or ten[emen]te w[i]th the courteledge thereunto belonging w[i]th all & sing[u]ler theire app[ur]ten[a]nces sytuate lyinge & beinge in Northam Town w[i]thin the sayd p[ar]ishe of Northam & countye of Devon late in the tenures of one Richard Pepper & Hugh Hanford & now in the sev[er]all tenures or occupations of Will[ia]m Thomas & George Luxson of Northam aforesayd thereof or eyther of theire assignee or assignes.
And also all that other messuage or tenem[en]t w[i]th the app[ur]ten[a]nces that ys to saye one low roome & a chamber over the same sityuate lyinge or beinge in Northam Town aforesayd late in the tenure of one Laurence Pickard & now in the tenure or occupation of the foresayd George Luxson his assignee & assignes.
And also all that other messuage or tenement w[i]th the courtledge thereunto belonginge or ap[e]rteyinge w[i]th the app[er]tenancies sytuate lyinge or beinge in Northam Towne aforesayd now or late in the tenure or occupation of one Nicholas Garlande of Northam aforesayd sayler his assignee or assignes.
And also all that other messuage or tenem[en]t & one p[ar]cell of land thereunto belonging or ap[e]rteyninge w[i]th the app[er]ten[a]nces lyinge & beinge in Northam aforesayd now or late in the tenure or occupation of one John Nicoll of Northam aforesayd shippm[an] & Agnes his wieff or of eyther of them theire or eyther of theire assignee or assignes togeather w[i]th one p[ar]cell of land w[i]th the app[er]tenancies comonlye called or knowen by the name of Whitehowse contayninge by estimation one acre of lande be yt more or lesse sytuate lyinge & beinge in Northam aforesayd sometyme in the tenure or occupation of one Walter Pearse of Northam aforesayd deceassed & now in the tenure or occupation of the [aforesaid] John Nicholl & Agnes his wieff or eyther of them theire or eyther assignee or assignes.
And also all that p[ar]cell or guillett of lande w[i]th the ap[er]ten[a]nces comonlye called or knowne by the name of Pluddye or situate lyinge & beinge in Pluddye w[i]thin the sayd p[ar]ishe of Northam & countye of Devon contayninge be estimation halfe an acre of land be yt more or lesse now or late in the tenure of occupation of the sayd John Nicholl & Agnes his wieff or eyther of them theire or eythere of them theire assignee or assignes.
And also all that other messuage or ten[eme]te & two little gardens or garden plotts of lande there unto belonginge or app[er]teyninge w[i]th the app[er]ten[a]nces att lane pole or called or knowen by the name lane pole sytuate lyinge or beinge in Northam aforesayd now or lately in the tenure or occupation of one John Ellis of Northam aforesayd his assignee or assignes w[hi]ch sayd messuage or tenement was there latelye erected or builded att the p[ro]per cost & charges of the sayd John Ellis.
And also all that other messuage & garden thereunto belonginge w[i]th the app[er]ten[a]nces conteyninge by estimation one quarter of an acre of lande or thereabouts be yt more or lesse sytuate lyinge & beinge in Northam Towne aforesayd late in the tenure or occupation of the aforesayd Hugh Handford & now in the tenure or occupation of one Richard Chedsley of Northam aforesayd carpenter his assignee or assignes.
And also all that one close of land w[i]th the app[er]ten[a]nces comonlye called or knowen by the name of lane poole close conteyninge by estimation fower acres & halfe of land or thereabouts be yt more or lesse sytuate lyinge & beinge w[i]th in the p[ar]ishe of Northam aforesayd now or late in the tenure or occupation of Richard French of Northam aforesayd marchannte his assignee or assignes.
And also all that one other close of land w[i]th the appurten[a]nces comonlye called or knowne by the name of the great butt close contayninge by estimation fower acres & halfe of lande or thereabouts be yt more or lesse sytuate lyinge & being w[i]thin the p[ar]ishe of Northam aforesayd & late in the tenure or occupation of the sayd Walter Pearse deceased & now in the tenure or occupation of Marye Pearse widdow late wieff of the sayd Walter together also w[i]th all that the p[ar]te portion & purparaye of the aforesayd Thomas Vallett of & in all these lands & tenem[en]ts w[i]th the app[er]ten[a]nces in Rusane Cliffe or comonlye called or knowen by the name of Rusane Cliffe lyinge & beinge w[i]thin the p[ar]ishe of Northam aforesayd late in the tenure or occupation of the sayd Walter Pearse & now in the tenure or occupation of the sayd Marye Pearse her assignee or assignes.
And also all that Close of land w[i]th the app[ur]ten[a]nces comonlye called or knowen by the name of the little butt close contayninge by estimation one acre & halfe of lande or thereabouts be yt more or lesse, and also one meadow w[i]th the app[ur]ten[a]nces called or knowen by the name of the little meadowe, and also all that one crofte or p[ar]cell of lande w[i]th the app[ur]ten[a]nces or called or knowen by the name of Loverings Pole att Loverings Poole.
And also all that the p[ar]te p[or]tion & purp[er]tye of him the sayd Thomas Vallett in all these lands & ten[emen]ts w[i]th the app[ur]ten[a]nces in the Vellis of called or knowen by the name of the Vellis w[i]th the sayd p[re]misses called or knowen by the name of the little Butt Close the little meadowe the sayd crofts or p[ar]cells of lande & the Vellis are sytuate lyinge & beinge w[i]thin the p[ar]ishe of Northam aforesayd & now or late in the tenure or occupation of Edward Burgis of Northam aforesayd his assignee or assignes.
All w[i]th sayd p[re]misses before in & by theise p[re]sents given or gr[a]nnted bargained or solde or mentioned or intended to be given or gr[a]nnted bargained or solde w[i]th all & sing[u]lar enye of theise app[ur]ten[a]nces now are of late were accompted knowen esteemed reputed or taken to be the the lands & inheritance of the sayd Thomas Vallett togeather also w[i]th all & sing[u]lar howses ediffic[e]s buildings barnes stables shippins orchards gardens lands tenements meadowes leasues pastures feedings comons moores trees woods underwoods wastes ponds pooles waters watercourses wayes pathes easements p[ro]fitts comodytyes advantages emoluments & hereditaments whatsoever & to or w[i]th or for or as p[ar]te p[ar]cell or member of the foresayd p[re]misses or of anye or eyther of them or moident belonginge app[er]teyninge letten demised or comonlye has used occupied enioyed reputed taken esteemed or knowen to be p[ar]te p[ar]cell or member of the foresaid p[re]misses or of anye or eyther of them w[i]th all & sing[u]lar theise & ev[er]ye of theise app[ur[ten[a]nces togeather also w[i]th the rents rev[er]sions & service[e]s of all & sing[u]lar the foresayd p[re]misses or of ev[er]ye p[ar]te & p[ar]cell thereof w[i]th the app[ur]ten[a]nces.
And the sayd Thomas Vallett for the consideration aforesayd hath also bargained & solde And by theise p[re]sents doth bargaine & sell unto the sayd Thomas Docton his heires & assignes for ever All & all manner of deeds evidenc[e]s charters ffynes exemplifications escripts mymyments & writings whatsoever concerninge the p[re]misses before in or by theise p[rese]nts given or gr[a]nnted bargained or solde or mentioned or intended to be geven or grannted bargained or solde or anye p[ar]te or p[ar]cell thereof.
All w[hi]ch or such or soe maney of them as the sayd Thomas Vallett now hath in his hands 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 owne use And w[hi]ch or maye lawfullie attaine unto & come by w[i]thout a[ccou]nte in lawe the sayd Thomas Vallett doth for himselfe his heires executors administrators & assignes & for ev[er]ye & eyther of them coven[a]nte p[ro]mise & gr[a]nnte unto & w[i]th the sayd Thomas Docton his heirs & assignes by theise pre[se]nts to deliv[er] or cause to be delivered unto the sayd Thomas Docton his heires & assignes safe whole uncancelled & undefaced or in such state manner & forme as the same nowe are & be uppon reasonable request in that behalfe made on thisside & before the daye of the feast of the birth of o[ur] lord god next ensuing the date of theise p[re]sents.
To have & to holde all & sing[u]ler the foresaid pr[e]misses before in & by theise p[re]sents given or gr[a]nnted bargained or solde or men[ti]oned or intended to be given or gr[a]nnted bargained or solde w[i]th all & singler theire & everye of theire app[ur]ten[a]nces unto the sayd Thomas Docton his heires & assignes for ever to the onelye use & p[ro]per behooff of the sayd Thomas Docton his heires & assignes for evermore.
To be holden of the cheiffe lords of the fee of the same p[re]misses by the rents & servi[ce]s thereof first due & of right accustomed.
And the sayd Thomas Vallett doth for himself his heires executors administrators and assignes & for ev[er]ye or eyther of them coven[a]nte p[ro]mise & gr[a]nnte w[i]th the sayd Thomas Docton his heires & assignes & unto & w[i]th ev[er]ye of them by theise p[re]sents in manner & forme following that ys to saye that he the sayd Thomas Vallett att the tyme of th[e] ensealinge & deliv[er]ye of theise p[re]sents ys the verye trew & lawfull owner of the inheritance of all & sing[u]ler the p[re]misses before in & by theise p[re]sents given or gr[a]nnted bargained or solde men[ti]oned or intended to be geven or gr[a]nnted or solde & of ev[er]ye p[ar]te & p[ar]cell thereof.
And that he now standeth lawfullye seised in his owne right & to his owne use of & in the sayd p[re]misses & of & in ev[er]ye p[ar]te & p[ar]cell & member thereof of a good lawfull & p[er]fecte estate in the lawe in fee simple absolutely w[i]thout anye manner of condition or conditions in deed defeazannce lymitation or lymitations of use or uses ever to alter change or determine the same.
And that he the sayd Thomas Vallett now hath full power & lawfull authoritye in the lawe in his owne right to give gr[a]nnte alien bargaine sell assure & convey the same p[re]misses & ev[er]ye p[ar]te & p[ar]cell thereof unto the sayd Thomas Docton his heires & assignes to the onelye use & p[ro]per behooff of the sayd Thomas Docton his heires & assignes for ever in manner & forme aforesayd.
And that there ys not anye rev[er]tion or remainder of the p[re]misses or of anye p[ar]te or p[ar]cell thereof in our Sov[er]aigne lord the kings ma[jes]tie.
And also that all & sing[u]ler the p[re]misses before in & by theise p[re]sents given or gr[a]nnted bargained or solde or mentioned on intended to be given or gr[a]nnted bargained or solde are & be & ev[er]ye p[ar]te & p[ar]cell thereof ys att the tyme of th[e] ensealinge & deliverye of theise p[re]sents.
And att the tyme of the executinge of the estate before in theise p[re]sents lymitted shalbe And soe shall or lawfullye maye from tyme to tyme & att all tymes after such execution had be & contynew unto the sayd Thomas Docton his heires & assignes for ever in manner & forme aforesayd & accordinge to the trew intent & meaning of theise p[re]sents freelye & cleerlye exon[er]ated acquitted & discharged or otherwayes from tyme to tyme uppon everye reasonable request in that behalfe made well & sufficientlye saved kept harmelesse by the sayd Thomas Vallett his heires executors adm[in]strators & assisgnes or by some or one of them of & from all & all manner of former & other guifts gr[a]nnts bargaines sales leases estates fynes ffeoffaments mortgages jointures dowers entayles willes titles uses rents charges rents seoke arrerayes of rents statut[e]s m[er]channte statut[e]s of the staple recognizances bonds penaltyes forfeytures intrusions condempuations judg[e]ments liveryes custerlemaines yssues & and[~]eaments & of & from all other temporall burdens charges & incumbrances whatsoever the high & cheiff rents & service[e]s of the p[re]misses or of anye p[ar]te or p[ar]cell thereof unto the high & cheiffe lorde & lords of the fee of the p[re]misses or of anye p[ar]te or p[ar]cell thereof from thenceforth to become due payeable or to be done.
And one lease of the first recyted messuage or tenement w[i]th the app[ur]ten[a]nces heretofore made by the sayd Thomas Vallett unto the foresaid Richard Pepper for terme of certaine yeares determinable by the deathes of Alice the wieff of the foresaid Will[ia]m Thomas & John Pepper sonne of the sayd Richard Pepper.
And one other lease heretofore made by the sayd Thomas Vallett unto the foresaid George Luxson of some certayne roomes or p[ar]cells of the same messuage or tenement for terme of certaine yeares determinable by the deathes of him the sayd George Luxson & Elizabeth hiw wieff.
And one other lease heretofore made by the sayd Thomas Vallett unto the sayd George Luxson of all that messuage or tenement w[i]th app[ur]ten[a]nces ~?~ one lowe roome & a chamber over the same as aforesayd for terme of certaine yeares determinable by the deathes of Phillip Luxson & John Luxson sonnes of the sayd George Luxson.
And one other lease heretofore made by the sayd Thomas Vallett unto the foresayd Nicholas Garland of the foresayd messuage or tenement w[i]th the app[ur]ten[a]nces in the tenure of the sayd Nicholas for terme of certain yeares determinable by the deathes of him the sayd Nicholas Johane his wieff & Xpofer [Christopher] theire sonne.
And one other lease heretofore made by the sayde Thomas Vallett unto the foresayd John Nicoll & Agnes his wieff of the foresayd messuage or ten[emen]te w[i]th the app[ur]ten[a]nces in the tenure of the sayd John & Agnes & of one p[ar]cell of lande thereunto belonginge togeather w[i]th one other p[ar]cell of land called Whitehowse for terme of her naturall lives & the lieff of the longest liver of them the remainder thereof unto Marye the daughter of the sayd Thomas & Agnes for terme of lieff of the sayd Marye.
And one other lease heretofore made by the sayd Thomas Vallett unto the sayd John Nicoll & Agnes of all that p[ar]cell or guillett of lande called Pluddye or sytuate lyinge & beinge in Pluddye aforesayd for terme of theire naturall lives & the lieff of the longest liver of them the remainder the roof unto the sayd Marye for terme of her naturall lieff.
And one other lease heretofore made by Will[ia]m Vallett deceassed father of the sayd Thomas Vallett unto the foresaid John Ellis of all that messuage or tenement & two little gardens thereunto belonginge w[i]th the app[ur]ten[a]nces att lane poole aforesayd for terme of certain yeares determinable by the deathes of the sayd John Ellis & Julian his daughter.
And one other lease heretofore made of the same p[re]misses by the sayd Thomas Vallett to com[m]ence after the sayd former estate ended unto Grace Ellis the wieff of William Ellis for term of certaine yeares determinable by the deathes of her the sayd Grace Ellis Elizabeth Ellis & Edith Ellis.
And one other lease heretofore made by the sayd Thomas Vallett unto the foresaid Richard Chedsey of the foresayd messuage & garden w[i]th the app[ur]ten[a]nces in the tenure of the sayd Richard Chedsley for terme of certain yeares determineable by the deathes of the sayd Richard Johane his wieff & Grace Galsozye sister of the sayd Johane.
And one other lease or gr[a]nnte heretofore made by the sayd Thomas Vallett unto the foresayd Ffrench of the sayd close of land called the lane poole close for terme of certaine yeares w[hi]ch shall & wille determined fullye ended before the daye of the feast of All Saints w[hi]ch shalbe in the yeare of our lord god according to the computation of the Church of England one thousand sixe hundred & eighteen.
And one other lease or gr[a]nnte heretofore made by the sayd Thomas Vallett unto the foresaid Walter Pearse deceased of the sayd close of lande called the greate butt close & of the sayd lands called Rustone Cliff for terne of certaine yeares w[hi]ch shall & wilbe likewise determined & fullye ended before the sayd daye of the feast of All Saints one thousand sixe hundred & eighteen.
And one other lease or gr[a]nnte heretofore made by the sayd Thomas Vallett unto the foresaid Richard Burgis of the sayd close of lande called the little butt close the little meddow the sayd crofte or p[ar]cell of land att loverings poole, And the land called the Vellis for terme of certaine yeares determinable at the feast of the birth of our lord god nexte ensuinge the date hereof onelye excepted & fore pr[?]sed.
And further the sayd Thomas Vallett doth for himselfe his heires executors adm[ini]strators & assignes & for ev[er]ye & eyther of them coven[a]nte p[ro]mise & grannte to & w[i]th the sayd Thomas Docton his heires & assignes & to & w[i]th ev[er]ye of them by theise pr[es]ents that he the said Thomas Vallett & his heires & all & ev[er]ye other per]son & persons havinge or that hereafter shall have or maye lawfullye clayme or p[re]tend anye good or lawfull estate right title interest rent or other p[ro]fit of in to or out of the foresayd p[re]misses w[i]th the app[ur]ten[a]nces or of in to or out of anye p[ar]te p[ar]cell or member thereof by from or under the title or interest of the sayd Thomas Vallett or anye of his anncestors the sayd cheiffe lorde & lords of the ffee or fees of the p[re]misses or of anye p[ar]te or p[ar]cell thereof onelye for & concerninge his & theire high & cheiffe rents & services & the severall p[er]sons leassees & ten[a]nts Whose estates & interests are before in these p[re]sents excepted theire & ev[er]ye of theire executors administrators & assignes.
And all or ev[er]ye other p[er]son or p[er]sons interested or lawfullye clayminge or p[re]tendinge to be interested or lawfullie to clayme or p[re]tend by from or under him the sayd Thomas Vallett or anye of his anncestors the p[ar]ticuler & sev[er]all estates & interests & termes before in theise or onelye for & conserninge anye p[ar]te or p[ar]cell thereof excepted shall & will execute make knowledge doe & suffer & cause to be executed made knowledged donne & suffered all & ev[er]ye such farther acte or acts thinge or things devise & devises in the lawe for the further & more p[er]fecte assurance sure makinge & conveyinge or all & sing[u]ler the p[re]misses before in & by theise p[re]sents given or gr[a]nnted bargained or solde or mentioned or intended to be given or gr[a]nnted bargained or solde w[i]the the app[ur]ten[a]nces & of ev[er]ye or anye p[ar]te or p[ar]cell thereof unto the sayd Thomas Docton his heires & assignes to the onelye use & p[ro]per behooff of the sayd Thomas Docton his heires & assignes for ever be yt by fine ffoeffment recov[er]ye or recov[er]yes w[i]th double or single vowcher or vowcher deed or deeds inrolled w[i]th the inrollm[en]t of theise p[re]sents release or conformation w[i]th warrantye against all p[er]sons & by all & ev[er]ye or anye or by such & soe manye of the same wayes & meanes or by anye other lawfull wayes or meanes whatsoever w[i]th like warrantye as ys aforesayd or w[i]thout warrantye as by the sayds Thomas Docton his heires or assignes or by anye of his or theire counsell learned in the lawe.
And att the onely cost & charges in the law of the sayd Thomas Docton his heires or assignes shalbe reasonablie devised or advised & required w[i]thin the space of tenn yeares next ensuinge the date hereof doe as for or about the doinge makinge knowledginge or executinge thereof the sayd Thomas Vallett & his heires be not compelled to travell to anye place out of the countye of Devon & Cittye of Exon noe maye the now wieff of the sayd Thomas Vallett be not compelled to travel to anye place above twelve myles from her then dwellinge or residence.
And also that ev[er]ye & all & sing[u]ler ffyne or ffynes recov[er]ye & recov[er]yes assurance & assurances or other conveyance or conveyances whatsoever to be had knowledged levied made done or executed by the sayd Thomas Vallett his heires or assignes or by the sayd Marye his now wieff or by anye or eyther of them of the p[re]misses before in & by theise p[re]sents given or gr[a]nnted bargained or solde or mentioned or intended to be given or grannted bargained or solde or of anye p[ar]te p[ar]cell or member thereof shalbe adindged(?) esteemed expounded taken to be & shalbe to the onelye use & p[ro]per behooff of the sayd Thomas Docton his heires & assignes for  ever.
And the sayd Thomas Vallett & his heires all & sing[u]lar the p[re]misses before in & by theise p[re]sents given or gr[a]nnted bargained or solde or mentioned or intended to be given or gr[a]nnted bargained or solde w[i]th all & sing[u]lar theire app[ur]ten[a]nces unto the sayd Thomas Docton his heires & assignes to the onlye use & p[ro]per behooffe of the sayd Thomas Docton his heires & assignes for ever against all people shall & will warrantye acquitte & by theise p[re]sents defend.
In witness whereof the p[ar]tyes aforesayd to thiese p[re]sent indentures theire seales interchanngeablie have putt yeoven and dated the days & yere first above written. Anno D[om]in[i] 1617.