1640 Indenture for Properties in Nettlecombe, Somerset

[August 1, 1640]

[On the outside of this parchment document it says, "Thomas Meare."]
[Also, on the backside it says, "Sealed and deliv'ed in the p'sence of Jo: Sandall & of me Peter Sunmant(?) Ri: Kibben.]

THIS INDENTURE made the ffirst daye of Auguste in the Sixtenth yeare of the Reigne of our Sov'eigne Lord Charles by the grace of god kinge of Ingland Scottland ffrance & Ireland defender of the ffaith &c Betwen Sr. Edward Waldegrave of Staminghall in the countie of Norffe knight & barronett of thone p'te And Thomas Meare of Nettlecombe in the countie of Som'sett yeoman of thother p'te WITTNESSETH that the said Sr. Edward Waldegrane hath demised granted & letten to fearme & by these p'sents doth demise grante & lett to fearme unto the said Thomas Meare All that his Capitall messuage or fearme house called by the name of Ludhewissh fearme with all the edifices buildings ortchard gardens & hoppgroundes to the same belonginge & app'teininge And allsoe all the feedinge & depasturinge of all these closes & groundes herafter p'ticulerlye specified vizt. one close called the Goosehayes one other close called the little medowe three other closes called the broomecloses one close called the lower medowe lyeinge beneath the said broomecloses one other close called the great Leae close one other closse called the Longedeane one other closse p'cell of ground called the higher Moore and allsoe one little peece of ground called by the name of the Quarte of ground which p'misses ar nowe & late were in the possession of him the said Thomas Meare or his assigne or assignes And allsoe all other the groundes hereafter specified which wer late in the possession or occupaton of one John Sulls deceased or his assigne or assignes vid All that closse called by the name of Asshe closse all these grounds called the ffenn pluddes & the groave therunto adioyninge one peece of ground called the Myddle Moore And one other litle p'cell of ground called by the name of the litle medowe All which p'misses are scituate lyeinge & beinge within the p'ish of Nettlecombe aforesaid And are p'cells of the fearme called Ludhewish fearme & were heretofore amongste other groundes in the tenure possession or occupation of one John_Baker or his assigne or assignes EXCEPTE & allwey resorced[?] out of this demise & lease unto the said Sr. Edward Waldegrane his heiers & assignes all man' of timber trees & yonge trees like to be timber & allsoe all man' of woode underwoode & thornes nowe groweinge & beinge or hereafter to be groweinge & beinge mor uppon the demised p'imsses or any p'te therof with free libtie ingresse egresse & regresse with workemen servants horses open cartes & wanes to sell loade carte & carrey awey the seid tymber woode & underwood from tyme to tyme & all tymes reasonable & conveniente duringe the tearme herunder written (other then such as the said Sr. Edward Waldegrane doth herafter in these p'sents covennte' to allowe unto him the said Thomas Meare his executors administrators or assignes for hedgeboote & fireboote) AND allsoe excepte & reserved out of this demise & lease unto the said Sr. Edward Waldegrave his heyers & assignes free lib'tie ingresse egresse & regresse passage & repassage to & for one John ffarthinge one other ten'nte of the said Sr. Edward Waldegrave his executors administrators or assignes for his ther servants horses oxen wanes & cartes loaden or unloaden to & from any of the lime kyles & Quarryes of stone nowe beinge erected or herafter to be made or erected within the ground called the three Oakes & Lads feilde & through the yardes greene wayes & passages by or neere the said Capitall messuage And allsoe through the said Leae closse by the ortehard & little medowe side & through the gates therof duringe the tearme herunder written TO HAVE AND TO HOULDE the said Capitall messuage together withall the singler the p'misses by these p'sents above menconed or mente to be demised (excepte before excepted) unto the said Thomas Meare his executors administrators & assignes from the ffeaste daye of the Ann'cyation of the blessed virgen Mary laste paste before the date herof unto the ffull ende & tearme of Nyne yeares from thence next ensueinge fully to be compleate & ended YEILDINGE AND PAYEINGE therfore unto the said Sr. Edward Waldegraye his heiers & assignes the yearly rente of ffowerskore & ffive poundes of lawefull Inglish money at the ffeaste of St. Michaell the Archangell & the Annun'cyation of the blessed virgen Marye by even & equall porcyons yearly and ev'y yeare duringe the said tearme And if it shall happen the said yearly rente or tearme of ffowerskore & five poundes or any p'te therof to be behinde & unpaide by the space of ffowerten dayes next ensueinge
after any of the said ffeastes at which the same ought to be paid as aforesaid That then & allwey from thenceforth this p'sente demise lease & grante to fearme of the p'misses to cease ende determine & be utterly ffrustrate voide & of none effecte any thinge in these p'sents above menc'oned to the contrayye in any wise notwithstandinge AND the said Sr. Edward Waldegrave for & in his heiers executo's & administrators doth covennte' & grante to & with the said Thomas Meare his executors administrators & assignes by these p'sents that it shall & maye be lawefull to & for the said Thomas Meare his executors administrators & asignes to have & take to his & ther owne use & uses the loppes & toppes of such trees as have ben usually hertofore lopped & topped groweinge onely uppon the hedges & fences of the said demised p'misses And allsoe all the waste which shall arise & come in the makeinge upp of the said hedges & fences PROVIDED allwey that he the said Thomas Meare his executors administrators or assignes shall from tyme to tyme duringe the continuance of this demise whensoev' he or they shall loppe or toppe the said woode as aforesaid in good & husbandlyeman neewe deeke[?] & skore[?] upp all the said ditches soe belongeinge to the same fences as aforesaid wher heor they shall soe loppe or toppe any of the trees to his or ther owne use or uses And allsoe shall & will plante & sett goode quickesett in all places of the said ffences when the quickesett is or shall happen to be decayed & the same soe planted shall & will well & carefully nourish & mainteine duringe the said tearme And allsoe that it shall & maye be lawefull to & for the said Thomas Meare his executors administrators & assignes to digge stone in either of the Quarries that nowe is or shall at any tyme herafter be erected in the groundes called the three Oakes & the Lads feilde or either of them & ther to worke the same & to burne them into Lyme to be used onely uppon such p'te or p'tes of the demised p'misses as the said Thomas Meare his executors administrators or assignes shall have lib'tie to plowe & keepe in tilladge & not els wher AND further the said Sr. Edward Waldegrave for him his heiers executors & administrators doth ffully assente consente & agree that it shall & may be lawefull to & for the said Thomas Meare his executors administrators & assignes & ev'y or any of them to plowe breake up or converte to tillage these p'celles of grounde herafter specified vid the closse called the longe deane the little ffenn pludd the twoe closses called Assh closse & the Leae closse & to have & take ffive croppes of corne & grayne out of ev'y of them within the said tearme of Nyne yeares to be taken next after the breakeinge up of the said closses or any of them & not afterward nor otherwise & all the fore said closses to putt in tillage within five years at the furthest next after the comencemente of the Lease AND the said Thomas Meare for & in his heiers executors & administrators doth covennt' & grante to & with the said Sr. Edward Waldegrave his heiers & assignes by these p'sents that he the sayd Thomas Meare his executors administrators assignes shall & will at his & ther owne prop' costes & chardges laye & bestowe or cause to be layed & bestowed uppon ev'y acre of the demised p'misses which they or any of them shall soe plowe breake upp or converte to tillage as aforesaid the full quantitie & number of Thirtie hoggesheades of good lyme for the better improvinge of the fore said errable lande soe to be tilled as aforesaid accordinge to the true meaneinge herof AND it is coven'nted granted condifended[?] & agreed by & betwen all the said p'ties for them their heiers executors & administrators by these p'sents that if he the said Thomas Meare his executors or administrators shall thinke good to continewe in tilth the fore said closse called the longedeane after the ende of the ffirst ffive yeares of the said tearme of Nyne yeares that then he the said Thomas Meare his executors administrators & assignes shall & will at his & their further costes & chardges laye & bestowe uppon ev'y acre of the said closse called the longedeane thirtie hoggesheads moore of good lyme for the further improvemente of the lande in the said closse AND the said Thomas Meare for him his heiers executors & administrators doth covenante & grante to & with the said Sr. Edward Waldegrave his heiers & assignes by these p'sents that he the said Thomas Meare his executors administrators & assignes shall & will from tyme to tyme duringe the continuance of this demise & lease at his & their owne p'p' costes & chardges repare uphould mainteine & keep all & singler the houses & edifices belongeinge to the said demised p'misses And like wise all & singler the hedges fences & gates belongeinge to the same demised p'misses in good & sufficiente rep'ations yearly & ev'y yeare duringe the said tearme And allsoe shall & will leave & yeilde them upp well & sufficiently repared & amended in the ende of the said tearme to the use of the said Sr. Edware Waldegrave his heiers & assignes And allsoe the said Thomas Meare for him his heires executors & administrators doth covennte' & grante to & with the said Sr. Edward Waldegrave his heiers & assignes by these p'sents that he the said Thomas Meare his executors administrators & assignes shall & will yearly & ev'y yeare duringe the said tearme spende & leave all his & ther strawe & fodder which shall at any tyme be groweinge in & uppon the said demised p'misses or any p'te therof (excepte onely the haye) uppon the same demised p'misses & not elswher And allsoe shall & will laye & bestowe or cause to be layed & bestowed all the mucke & compasse that shall be yearly made uppon the same demised p'misses in & uppon some p'te of the same demised p'misses or els leave the same in the yardes of the same p'misses to the use of the said Sr. Edward Waldegrave his heiers & assignes in the ende of the said tearme AND lastely the said Thomas Meare for him his heiers executors & administrators doth covennte' & grante to & with the said Sr. Edward Waldegrave his heiers & assignes by these p'sents that he the said Thomas Meare his executors administrators & assignes shall & will yearly & ev'y yeare duringe the continuance of this demise at his & their owne p'p' costes & chardges at the ffeaste of the Annu'cyation of the blessed virgen Mary or within some reasonable tyme after uppon notice then given to him the said Thomas Meare his executors administrators or assignes or some of them p'vide & finde for the officers of the said Sr. Edward Waldegrave his heiers & assignes for the tyme beinge sufficiente meate drinke lodgeinge & other necessaries fitt for p'sones of ther degree And likewise sufficiente haye & litter & allsoe halfe A quarter of good oates for p'vender for ther horses duringe the space of twoe nights & A daye at such tyme as they or any of them shall come thither to keepe courtes or receive rentes survey landes or about any other buisines of the said Sr. Edward Waldegrave his heiers & assignes (p'vided allwey that they doe not exceede the number of six p'sones & six horses at anyone tyme duringe the said tearme IN WITTNES wherof the said p'ties to these p'sente Indentures have sett ther seales interchangeablie the daye & yeare first above written./

          signed
Thomas X Meare

[Originally transcribed and typed up 27 Sept. 1987 by Greg Ramstedt from the original.  The typescript was scanned and run through OCR and cleaned up a bit on 25 Aug. 2012.  This parchment indenture is out of place in a collection of deeds related to Plumley in Bovey Tracey, Devonshire.  I'm not sure how it got into this collection.--Greg Ramstedt, 25 Aug. 2012]