Thursday, July 25, 2013

Plumley, Bovey Tracey: 17 Dec 1659 Release

[Comments:
I hope to put the transcripts of my collection of Plumley deeds on this blog.  This one from 1659 is the oldest of these deeds given to me by my great-aunt Frances "Marjorie" Harris in 1973.  I transcribed it on 6 Dec 1987, but just digitized and ran OCR on it this evening.  I still need to abstract it.  I will try to fix any transcription or OCR errors.
--Greg Ramstedt, 25 July 2013]
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17 Dec 1659

[folded outside:]
1659.
Mr. Tothill                                    /
W Wolrend -cd. & Wilred           / Release of Plumley.

[within inside folds:]
Sealed & delivered in y’e pr’sence of us by the within named
Robert Shapcote.
Tho: Harcourt
Henry Cudmore
Andrew Mills
Roger Madmead

Sealed & delivered by y’e within named Abigail Prowse in y’e pr’sence of us/
Will Venner
John Venner
Tho: Harcourt

Sealed & delivered by y’e w’thin named George Cockram & Rebecca his wife in y’e pr’sence of us
Tho: Harcourt
Gane[?] Cockram
y’e marke of John "T" Rutliffe

Sealed and delivered by the w’thin named Penelope Walrond in y’e pr’sence of us./
Daniel Cudmore
Tho Stokes
Tho: Harcourt

?’d The twentieth day of February 1659 the within named William Tothill and of the Attorneys within men’ioned entred into the Mansion house of the within menc’oned p’misses in the name of all within named p’misses And quiet & peaceable possession & seizen thereof in the name of the whole did take And after such possession and seizen soe thereof had and taken by vertue of the warrant of Attorney within written the same did deliver over unto the within named Thomas Bowden & John Meardon to have & to hold to them & their heires forever according to the uses intents & purposes within menc’oned & expressed in the- pr’sence of witnesses to the ??dge[?] & seizen
The marke of John "FR" Polston
The marke of William "T" Vundey[?]
The marke of William "X" Olemmett[?]
Taken & delivered by mee
Willm. Tothill

[The document:]
This Indenture made the seaventeenth day of December in y’e yeare of o’r Lord God According to the Computacon of the Church of England one Thousand sixe hundred Fiftie and nyne

BETWEENE William Walrond of Bradfeild in y’e County of Devon Esq’r Robert Shapcote of Bradninch in the County aforesaid Esq’r and Anna his wife George Cockram of Collompton in the said County of Devon gent’n and Rebecca his wife Roger Bishopp of Dublvn in the Dominion of Ireland gent’ and Margery his wife Abigail Prowse of Crediton in the County of Devon widdower and Penelope Walrond Daughter of Henry Walrond of Bradfeild aforsaid Esq’r deceased of th’one parte:-
And Thomas Bowdon of Bishoppstvngton in the County of Devon yeoman and John Mardon of Bovytracv in y’e said County of Devon Tanner of th’other parte

WHEREAS Henry Walrond Esq’r deceased Father of the said Anna Penelope, Abigail, Margery and Rebecca being seized in Fee of the Mannor of Fishacree and the Moyety of the Mannor of Eastwonford with theire rights members and appurtenances in the said County of Devon did by his last will and Testam’t in writing bearing date the second daye of February One Thousand sixe hundred Forty nyne. devise unto the said Penelope seaven hundred pounds and unto the said Abigail and Margery five hundred pounds apeece to be paid within sixe Monethes after they should attaine the age of one and Twenty yeeres or Marriage if they should attaine the age of Eighteene yeeres and by the said Will did likewise devise unto his daughter Anna wife of the said Robert Shapcote the sume of seaven hundred pounds to be paid within sixe Monethes after the decease of the said Henry Walrond and five hundred pounds unto the said Rebecca And the said Henry Walrond by his said Will Alsoe devised unto the said Robert Shapcote and unto Zacharie Cudmore Esq’r since deceased and theire heires the said Mannor of Fishacree and the Moyety of the Mannor of Eastwonford uppon trust that they should sell and dispose of the same for the payment of the Legacyes aforsaid and other the Legacyes of the said Henry Walrond and of his said Will made William Walrond his then sonne and heire apparant sole Execute’r as in and by the said Will largely appeareth and shortly after dyed since which tyme the said William Walrond hath taken uppon him the Execucon of the said Will and the said Robert Shapcote and Zacharie Cudmore excepted of the said Trust and hand received Som proffitts of the premisses, yett not withstanding the said William Walrond Robert Shapcote and Zacharie Cudmore refused to make sale of the premisses to satisfie the said Legacyes according to the trust aforesaid

AND WHEREAS thereupon in Hillary Terme in the yeere of our Lord One Thousand sixe hundred Fiftie and one the said Penelope, Abigail and Margery Exhibited their Bill of Complaint in the high Court of Chancery against the said William Walrond, Robert Shapcote and Zacharie Cudmore and therein did sett forth the said Will and the said Trust and thereby prayed aid and assistance of the said Court that the said Land might be sold for satisfaccon. of the said Legacyes by them payable according to the said trust and that the said William Walrond the now heire might Joyne in the sale thereof, To which Bill the said William Walrond, Robert Shapcote and Zacharie Cudmore appeared and Answeare and all of them confessed the Will, Devise and Trust aforsaid and that hee the said Henry Walrond had devised the Lands to the Trustees aforsaid to be sold and that the said defend’ts the Trustees were willing to sell the premisses for satisfaccon. of the said Legacyes to which Answeare the said Complaynants replyed and soe the said parties being att Issue divers witnesses where Examined in the cause which were duly published according to the ordinary and usuall rules of the said Court as by the said Bill, Answeare; Replicacon. Depositions of wittnesses and other proceedings all of them remaining uppon Record in y’e same Court more att large appeareth  

AND afterwards (to witt) the first daye of February in the yeere of our Lord god one Thousand sixe hundred Fiftie and Fower was by the said Court appointed for hearing of the said Cause in which daye uppon hearing & debating of the matter in question between the said parties in the pr’sence of Councell Learned on both sides, the substance of the plaintifes Bill was as is recited and it was there uppon ordered and Decreed Amongst other things that the said Trustees should sell the said Lands for satisfaccon of the said Legacyes together with the Interest thereof and the defend’ts Answeare appeared as is before And againe afterwards on Wednesday the Fo’werteenth day of November in the yeere of our Lord one Thousand sixe hundred Fiftie and five by the then right Honorable the Lords Commissioners of the great seale of England And by the Authority of the said high Court of Chancery ordered adiudged and Decreed according to the forsaid order of the first of February one Thousand sixe hundred Fiftie and Fo’wer made in the hearing of the cause. And an order of the said high Court made the thirtenth daye of July one Thousand sixe hundred Fiftie five that the Trustees should sell the said Lands And that the perticuler Legacyes unto the said Penelope, Abigail and Margery and other the Legacyes menco’ned with the interest as aforsaid should be satisfied and the moneyes expended by the said Robert Shapcote and Zacharie Cudmore be Allowed and reimbursed out of the moneyes to be raised out of the sale of the said Lands And the said William Walrond the heire should Joyne with the Trustees in sale of the said Lands in question as in and by the said Court amongst other things therein contayned more att large appeareth

AND whereas since the said Decree the said Zacharie Cudmore dyed and thereby the said Trust was wholy devolved on and doth now remaine in the said Robert Shapcote And whereas it is concluded and Agreed on by and Betweene them the said William Walrond Robert Shapcote and Anna his wife, George Cockram & Rebecca his wife Roger Bishopp and Margery his wife Abigail Prowse and Penelope Walrend that the Lands and Tenements with thappurtenances hereafter menco’ned to be granted with other the Lands aforsaid being parcell of the Manno’r of Fishacree shalbe sold and disposed of by the said William Walrond and Robert Shapcote and that the money to bee raised and paid for the same shalbe paid unto the said Robert Shapcote to the Intent the said moneyes may be by him pportionably paid & be disposed of amongst the Legatees aforsaid of the said Henry Walrond according to the said Trust as aforesaid

NOW THESE PRESENTE WITTNESSETH that for the p’formance and discharging the Trust aforsaid reposed in him the said Robert Shapcote and Zacharie Cudmore by the said Henry Walrond as aforsaid and for the raising of moneyes towards the payment of parte of the Legacyes aforsaid according to the Agreem’t aforsaid And in obedience And performance of the said Decree for sale of the said pr’misses And for and in consideracon. of the Sume of One hundred and Fo’werscore pounds lawfull money of England in hand paid and secured to be paid by Thomas Wilmead of the parish of Bovytracy in y’e County of Devon Tanner unto the said Robert Shapcote to and for the uses Intents and purposes aforsaid the Receipt whereof thereof the said Robert Shapcote doth hereby acknowledge and thereof doth acquitt and discharge the said Thomas Wilmead his Executors administrators and assignes and being everie of them by theise pr’sents the said William Walrond & Robert Shapcote

HAVE granted bargained sold and enfeoffed and conformed and by these pr’sents doe grant, bargaine, sell, enfeoffe and confirme and thereof the said George Cockram and Rebecca hiswife, Roger Bishopp and Margery his wife, Abigail Prowse and Penelope Walrond HAVE granted remised released and Confirmed and by these pr’sentsdoe remise release and Confirme unto they the said Thomas Bowden and John Mardon theire heires and assignes forever All that one Messuage and Tenem’t with theire appurtenances com’only called & knowne by the name of Plumley scituate lying and in y’e p’ish of Bovytracy in the County of Devon now in the possession of the forsaid Thomas Willmead and all houses Edifices buildings, Barnes Stables out houses Courts Courtlayes[?] gardens orchards waces pathes Easem’ts Com’odities and advantages to the same belonging or apperteyning togeather with all woods underwoods waters watercourses Com’ons and Com’on of pasture Heath, Furse wasts, mynes Quarries Fishings, Flowlings, Royalties priveledges, liberties Jurisdicco’ons proffitts Emoluments and hereditam’ts whatsoever unto the said premises hereby granted in any waise belonging or appertayning or to or with the same heretofore used occupyed and enioyed as parte parcel or member thereof And allsoe the Reversion and reversions remainder and remainders, Rents & services of the pr’misses hereby granted w’th said pr’misses and parte parcell of the Manno’r of Fishacree aforesaid

TO HAVE AND TO HOLD the said Messuage and Tenement and alsoe all and singular other the premisses w’th theire appurtenances hereby granted unto they the sayd Thomas Bowdon and John Mardon theire heires and assignes forever to and for the only use and behoofe of they the said Thomas Bowden and John Mardon theire heires and assignes for evermore

UPPON spetiall trust and confidence Neverthelesse in them the said Thomas Bowden & John Mardon and theire heires reposed And to this Intent and purpose only that they the said Thomas Bowden and John Mardon and theire heires and assignes shall stand and be seized of the said pr’misses in trust to and for the only use benefitt and behoofe of such person and persons and for such estate and estates and in such manner and forme and to such Intents and purposes as the said Thomas Wilmead by his last Will and Testam’t in writing to be testified by twoe credible witnesses or more, or by any other writing or writings made in his life tyme under his hand and seale to be testified by twoe Credible wittnesses or more shall lymitt declare, and appoynt And for default of such limitacon. and appoyntm’t to and for the only use and behoofe of the said Thomas Wilmead his heires and assignes for evermore and to and for noe other use intent or purpose whatsoever

AND the said William Walrond, Robert Shapcote and Anna his wife; George Cockram & Rebecca his wife Roger Bishopp & Margery, his wife Abigail Prowse and Penelope Walrond doe severally & respectively by themselves theire heires Executors & administrato’rs & for every of them Covenant promise grant and agree to & with they the said Thomas Bowden & John Mardon theire heiresExecutors administrato’rs & assignes & everie of them by these pr’sents that the forsaid pr’misses now are & from tyme to tyme and att all tymes hereafter shalbe acquitted & discharged of & from all former & other grannts bargaines sales demises Leases Charges & other incumbrances had made committed or donne by them the said William Walrand, Robert Shapcote & Anna his wife Goerge Cockram & Rebecca his wife Roger Bishopp & Margery his wife Abigall Prowse & Penelope Walrond any or either of them theire, any or either of theire heires Executors & administrators or of or by any other person or persons lawfully clayming or to clayme by from or under them or either of them

AND they the said William Walrand Robert Shapcote & Anna his wife; George Cockram & Rebecca his wife Roger Bishopp & Margery his wife Abigail Prowse & Penelope Walrond severally and for theire respective heires Execute’rs administrato’rs aforsaid & not joyntly one for th’other doe further Covenant promis & Agree to & with the said Thomas Bowden & John Mardon theire heires Execute’rs & administrators and everie of them by these pr’sents that the said William Walrond, Robert Shapcote, & Anna his wife Geerge Cockram & Rebecca his wife; Roger Bishopp & Margery his wife; Abigail Prowse & Penelope, Walrond & all other persons clayming lawfully by from or under them, respectively as aforsaid shall & will from tyme to tyme & att all tymes hereafter within y’e space of seaven yeeres now next ensuing the date hereof uppon request to them to be made by the said Thomas Bowden & John Mardon theire heires or assignes att y’e cossts & charges of y’e s’d: Thomas Bowden & John Mardon theire heires & assignes for the further assuring & sure making of all & singular the said prrmisses with thappurtenances hereby grannted or intended to be grannted unto the said Thomas Bowden & John Mardon theire heires & assignes in manner & forme as aforsaid make, doe, Acknowledge, execute & suffer or cause to be made donne acknowledged Executed & suffered all & everie such further Act & Acts Assurance & assurances devise & devises in the Law whatsoever as by the said Thomas Bowden & John Mardon theire heires or assignes or by theire Councell learned in the Lawe shalbe reasonably devised advised or required. Be it by Fyne or Fynes, Recovery or Recoveries with single or double vowcher or vowcher over Deed or Deeds Inrolled or not Inrolled, the Inrollm’t of these pr’sents release or releases Confirmacon. or otherwise or by all or any the said waies or meanes or by any other waies or meanes whatsoever Soe as for the making doeing, acknowledging & Executing thereof the said William Walrond Robert Shapcote & Anna his wife, George Cockram & Rebecca his wife Roger Bishopp & Margery his wife Abigail Prowse & Penelope Walrond or any or either of them be not compellable to travell above Twenty Miles from his her or theire usuall dwellings or places of abode att the tyme of such request to be made soe as the same Contayne noe other Covenants or warranties there are in these presents conteyned respectively as aforsaid which said further Assurances soe be had and made of the premisses here by granted or of any parte or parcell thereof shalbe annivref?] and by these prrsents are declared to be andnivre[?] [??and invre??] to the only use and behoofe of the said Thomas Bowden and John Mardon theire heiress and assignes forever (Excepting and alwaies reserving out of this pr’sent Deed of Feoffm’t All those several estates heretofore granted of the premisses by Coppys of Court Roll by William Walrond Esqr’ bearing date the seaventh daye of October in y’e yeere of our Lord one Thousand sixe hundred and seaven unto Thomas Willmead and William Wilmead for & during theire lives successively And alsoe those severall estates heretofor grannted of the said pr’misses unto Marie the daughter of the said Thomas Willmead and Margery his wife by y’e forsaid Robert Shapcote Zacharie Cudmore Esqr’ deceased by Coppy of Court Roll bearing date the seaven & twentieth daye of Maye one Thousand sixe hundred Fiftie & one

AND LASTLY it is mutually Covenanted grannted and Agreed by and betweene the said parties to these pr’sents And it is the true Intent and meaning of the same that for and concerning the premisses the said Thomas Bowden and John Mardon theire heires and assignes shall have the benefitt power and advantage of the said Decree against the said William Walrond and all other person and persons whatsoever Comprehended within the same to all Intents and purposes And that att the Costs and Charges of the said Thomas Bowden and John Mardon theire heires and assignes the same shalbe prosecuted in the name of the said Penelope Abigail and Margery theire heires Executors and Administrate’rs And of for and Concerning the same the said Thomas Bowden & John Mardon doe for themselves theire heires Executors and administrators and for everie of them promise grannt and Agree to and with the said Robert Shapcote his heires Executors and administrators to discharge and save[??gave??] hearmelesse[?] the said Robert Shapcote his heires Executors and administrators of and from all Costs, Charges Contempts matters and things concerning the same moreover the said Robert Shapcote hath deputed Authorized and appointed and in his place and steed putt And by these pr’sents doth depute Authorize and appoynt and in his place and steed putt his trusty and welbeloved friends William Segar and William Tothill gent’ his true and lawfull Attorneyes Joyntly and severally for him and in his name and steed into the said premises with thappurtenances hereby grannted or conveyed or into any parte or parcel thereof to enter and full and peaceable possession and seizen thereof or some parte thereof in the name of the whole to take and have and after such entrie seisen and possession soe thereof had and taken then full and peaceable possession and seison of the whole or of some parte thereof in the name of the whole to give and deliver over unto the said Thomas Bowden and John Mardon or theire lawfull ATtorney deputed to receave the same To have and to hold the Same unto the said Thomas Bowden and John Mardon theire heires and assignes forever According to the true Intent and meaning of these presents ratifiing allowing and confirming all and whatsoever his said Attorneyes or either of them shall lawfully doe or cause to be donn in the pr’misses by vertue of theise pr’sents

ON WITTNES whereof of the parties aforesaid to theise present Indentures theire seales Interchangeably have putt the daye & yeere above written./

[signed]
Rob: Shapcote
Geo: Cockram
Rebeka Cockram
Abigaile Prowse

Penelope Walrond

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