24 Novr. 1675.
9 Plumley.
THIS INDENTURE made the fower
& twentieth day of November in the seaven and twentieth yeare of the raigne
of our soveraign Lord Charles the Second by the grace of god of England
Scotland France & Ireland Kinge defender of the Faith &c.
BETWEENE Richard Willmead
of Bovytracy in the County of Devon yeoman of the one parte And Thomas
Tothill of Bovytracy aforesaid in the said county gentleman of the
other parte
WITTNESSETH that the said Richard
Willmead for and in consideracon. of the sume of one hundred pounds of good
& lawfull money of England unto him in hand att & before the sealing
& delivery hereof well and truely paied by the said Thomas Tothill
the receipte whereof the said Richard Willmead doth hereby acknowleidge
and thereof & of every parte & parcell thereof the said Thomas Tothill
his heires executors & administrators and every of them doth by these pnts.
exonerate acquite & discharge
HATH demised graunted
bargained and sold and by these pnts. doth demise grannte bargaine and sell
unto the said Thomas Tothill his executors administrators & assignes
All that one messuage & Tenement with thappurtencs. com’only called or
knowne by the name of Plumley
scituate lying & being in the said parish of Bovytracy & County
of Devon and all howses edifices buildings barnes stables outhowses Courtes
Courtelages gardens orchards lands meadowes Leasues pastures feedings wayes
pathes waters watercourses woods underwoods comons. comon. of pasture heath
fursse mines quarries wasts fishings Royalties privileidges liberties easements
profitts com’odities & emoluments whatsoever unto the said premisses or any
parte thereof in anywise appertaining & belonging or therewith heretofore
usually hold occupied or enioyed as a parte parcell or member of the same and
the revercon. & revercons. remainder & remainders rents & servises
of the same
TO HAVE & TO HOLDE the
said messuage & Tenement called Plumley
with all & singular other the premisses with thappurtencs. unto the said Thomas
Tothill his executors administrators & assignes for and duringe the
Tearme of one Thousand yeares henceforth next ensuing fully to bee compleate
and ended without Impeachment of or for any manner of waste
YEALDINGE and paying therefore
yearly unto the said Richard Willmead his heires & assignes one
pepper corne only att the feast of St. Michaell the Archangell during the said
tearme if the same be demaunded
PROVIDED always and upon
Condition that if the said Richard Willmead his heires executors
administrators or assignes any or either of them shall pay or cause the sume
one hundred and twelve pounds of lawfull money of England to be paied unto the
said Thomas Tothill his executors or assignes in manner and forme
following (that is to say) sixe pounds parcell thereof on the five &
twentieth day of November w’ch shall be in the yeare of our Lord god one
thousand sixe hundred seaventy & sixe and one hundred and six pounds
residue there of on the six & twentieth day of November w’ch shall be in
the yeare of our Lord god one thousand sixe hundred seaventy & seaven att
or in the now dwelling howse of the said Thomas Tothill in Bovytracy
aforesaid Then this present graunte shall cease determine and be utterly voide
to all intents construccons. & purposes in lawe whatsoever anythinge in
these pnts. heretofore to the contrary in anywise not withstanding
AND the said Thomas Tothill
for himselfe his heires executors administrators & assignes and for every
& each of them doth covenante promise and agree to and with the said Richard
Willmead his heires executors administrators & assignes and to and with
every of them in and by these pnts. that hee the said Thomas Tothill his
executors or assignes shall not nea will not intermedle with the foresaid
premisses or any of the rents issues or profitts thereof untill there shall be
defaulte made in payment of the foresaid one hundred and twelve pounds att the
times and place aforesaid and that upon payment of the said one hundred and
twelve pounds according to the Conoition aforesaid hee or they shall & will
deliver upp this present graunt cancelled or to be cancelled
AND the foresaid Richard
Willmead for himselfe his heires executors administrators & assignes
and for every & either of them doth covenant promise graunte and agree to
& with the said Thomas Tothill his executors administrators &
assignes and to & with every of them in & by these pr’sents that hee
the said Richard Willmead his heires executors or assignes or some or
one of them shall & will pay the foresaid one hundred & twelve pounds
att the times place and in manner aforesaid And that in case hee or they shall
make defaulte in payment of the said one hundred & twelve pounds or any
parte thereof in such manner as is before expr’ssed that then the said Thomas
Tothill his executors & assignes shall or lawfully may peaceably &
quietly have hold possesse & enioy all and singular the foresaid premisses
with thappurtencs. without the lett suite denyall molistacon. distrubance
eieccon. or eviccon. of or by the said Richard Willmead his heires or
assignes or any other person or persons whatsoever clayming or to clayme by
from or under him or them or by from or under Thomas Willmead his father
deceased Thomas Bowden of Bishopsteington deceased and John
Mardon of Bovytracy aforesaid Tanner or any or either of them And
that free & cleere of and from all former and other gnifts graunts
bargaines sales leases Joynctures dowers rents arreares of rents Annuities
statutes recognizances outlaries[?] Judgements Execucons mortgages tytles
troubles chareges & incumberances whatsoever had made com’itted om’itted
imposed suffered or done by him the said Richard Willmead or the said Thomas
Willmead his father deceased Thomas Bowden deceased & John
Mardon or any or either of them (one pepper corne reserved to be paid yearly
as aforesaid only excepted)
AND further the said Richard
Willmead for himselfe his heires executors & administrators and for
every and each of them doth covenant promise & agree unto and with the said
Thomas Tothill his executors administrators & assignes and to any
with every of them in and by these pnts. that hee the said Richard Willmead
standeth now lawfully seized of & in all and singular the foresaid
premisses with thappurtencs. of a good sure absolute and indefeizable estate of
Inheritance without any condition power of revocacon. lymitacon. (to allow
change charge or determine the same) future or contingent use or trust and that
hee hath good right and lawfull power & interest to demise graunt bargain
and sell the same as aforesaid And that if defaulte be made in payment of the
said sume of one hundred & twelve pounds or any parte thereof in manner
aforesaid that then hee the said Richard Willmead his heires &
assignes and all & every other person & persons lawfully having
clayming or pretending to have or clayme any manner of the estate right title
interest or demaund whatsoever of & in the foresaid premisses or any parte
thereof by from or under the said Richard Willmead Thomas Willmead
his father Thomas Bowden & John Mardon or any or either of
them shall & will upon reasonable request and att the costs and charges in
the lawe of the said Thomas Tothill his executors or assignes make doe
acknowleidge suffer & execute or cause & precure to be made done
acknowleidged suffered & executed all & every such further & other
lawfull & reasonable act and acts thing & things devise & devises
in the lawe whatsoever for the further better and more perfect assurance surety
sure making & conveying of the foresaid premisses with thappurtencs. &
every parte thereof unto the said Thomas Tothill his executors
administrators & assignes during the said terme of one Thousand yeares
according to the intent & meaning of these pnts. as by the said Thomas
Tothill his executors or assignes or his or their councell learned in the
Lawe shall be reasonably devised or advised & required soe as for the doing
thereof none of the persons to be requested be compellable to travell above the
space of Twenty miles from the place or places of his or their aboade at the
time of such request to be made and soe as such further assurance comprehend
noe larger warranty or covenants then are contained in these pnts. And that the said further assurance shall be
& enure[?] and is hereby declared to bee unto the use & behoofe of the
said Thomas Tothill his executors administrators & assignes for
& during the said tearme of one thousand yeares and to & for none other
intent or purpose whatsoever
IN WITNESSE whereof the
parties aforesaid to these present Indentures their hands & seales
interchangeably have sett yeoven that day & yeare first above written. Annog. Din. 1675.
Richard
Wilmead
Sealed and delivered in the
presence of
Giles
Inglett Junr.
Edward
Tethill
William
Dunley Jun.
Signed sealed & delivered
in pr’sence of
Nic:
Seavly[?]
Mary
Bryant
signd
Willi. "H" Dunley jenr.
These presents witnesse that I the within named Richard
Willmead (grantor in the within written deed) have now borrowed receaved
and had of the within named Thomas Tothill (grantee of the within
menconed. premisses) over & above & besides the one hundred pounds
menconed. to bee the considr’acon of the within written deed (and which also
remaynes yet unpayed) the sumee of one hundred and ten pounds (lawfull money of
England) more as a further addicen. to the sayd within written consideracon. of
the within menconed. deed and upon the strength and security of the same within
written deed And that I doe hereby further charge and grannte the within
Menconed. tenement with the appurtenances called Plumley & all my hereditaments therein express to bee
granted unto the sayd Thomas Tothill To have & to holde unto the
said Thomas Tothill his executors administrators & assignes for and
during all the residue of the within menconed. terme of one thousand yeares. If
the sayd one hundred & ten pounds with the lawfull & p’mitted interest
for the same bee not payd unto the sayd Thomas Tothill his executors
administrators or assignes upon the Sixe & twentieth day of August next
ensuing the date hereof. And I the said Richard
Willmead doe hereby formee my heires executors and administrators &
every of them covenant grant & agree to and with the aforesaid Thomas
Tothill his executors administrators & assignes & every of them to
pay unto the sayd Thomas Tothill his executors administrators or
assignes the sayd sume of one hundred and ten pounds with interest upon the
aforesaid Sixe & twentieth day of August
And in default thereof by any further acte & actes in the lawe to
bee [saqua?] ed[?] to make give & grannte unto the said Thomas Tothill
his executors administrators or assignes agreed[?] release & grant of the
pr’mises aforesaid with the appurtenances to . . .[?] the said Thomas
Tothill his executors administrators & assignes for & during all
the residue of the said terme absolutely without any power of redempcon. with
toben[?] auts[?] for inioyment. thereof And for p’formance hereof I bind my
selfe my heires executors and administrators & every of them unto the said Thomas
Tothill his executors & administrators in twoe hundred pounds witnes my
hand and seale this five & tweantieth day of February in the XXXith yeare
of the raigne of or. soveraigne Lord Kinge Charles the Second Annoy. dni. 1678
Richard
Wilmead
[Transcribed 31 January 1988;
typed 27 May 1989 by G.J.R.]
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