Plumley, Bovey Tracey, 24 November 1675

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.]

Plumley, Bovey Tracey, 22 & 23 November 1675

22 & 23 November 1675

[These are two Indentures attached together by a pin.]

Sealed and delivered in the presence of

                                                                Giles Inglett Junr.

                                                                     Tho Tothill

                                                              William Dunley Jun.

THIS INDENTURE made the Two and Twentieth Day of November in the Seaven & Twentieth yeare of the raigne of our soveraigne Lord Charles the Second by the grace of god of England scotland France & Ireland Kinge defender of the faith &c.

BETWEENE John Mardon of Bovytracy in the County of Devon Tanner of the one parte And Richard Willmead of Bovytracy aforesaid in the said County yeoman of the other parte

WITNESSETH that the said John Mardon for and in consideracon. of the sume. of five shillings currant English money to him in hand piad by the said Richard Willmead the receipte whereof the said John Mardon doth hereby acknowledge and thereof the said Richard Willmead his executors & administrators & every of them doth by these pnts. exonerate acquite & discharge

HATH graunted bargained & sold & by these pnts. doth graunte bargaine & sell unto the said Richard Willmead All that one messuage & tenement with their appurtencs. comonly. called or knowne by the name of Plumley scituate lying & being in the said parish of Bovytracy and County of Devon and all howses edifices buildings barnes stables outhowses courtes courtelages gardens orchards wayes pathes easements comodities & advantages to be same belonging or appertaining togeather with all woods underwoods water watercourses Commons & Comon of pasture heath fursse wasts mines quarries fishings fowlings Royalties privileidges liberties Jurisdicons profitts emoluments & hereditaments unto the said pr.misses belonging or in anywise appertaining or to or with the same heretofore used occupied & enioyed as parte & parcell or member thereof and the revercon & revercons. remainder & remainders Rents & services of all & singular the said premisses with thappurtencs.

TO HAVE & TO HOLDE the foresaid messuage and tenement called Plumely and all & singular other the foresaid premisses with thappurtencs unto the said Richard Willmead his executors & assignes from the nyne & twentieth day of September last past before the date hereof for and during the Terme of one whole yeare thence next ensuing fully to bee compleate and ended

IN WITNESSE whereof the parties aforesaid to these present Indentures their hands & seales interchangeably have sett yeoven the day and yeare first above written  Annoq. Dni. 1675.

                                                                    John Mardon

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23 Nov. 1675.    Plumley.  2

Sealed and delivered in the presence of

                                                                Giles Inglett Junr.

                                                                     Tho. Tothill

                                                              William Dunley Jun:

THIS INDENTURE made the Three & twentieth day of November in the Seaven and twentieth yeare of the raigne of our Soveraigne Lord Charles the Second by the Grace of god of England Scotland France and Ireland Kinge defender of the faith &c.

BETWEENE John Mardon of Bovytracy in the County of Devon Tanner of the one parte And Richard Willmead of Bovytracy aforesaid in the said County yeoman of the other parte

WHEREAS William Walrond of Bradford in the County of Devon esquire and Robert Shapcote of Bradninch in the said County esquire by Deed indented bearing Date the Seaventeenth day of December in the yeare of our Lord god according to the computacon of the church of England one thousand sixe hundred fiftye and nine made betweene them the said William Walrond & Robert Shapcote & Anna his wife George Cockram of Collompton in the said County of Devon Gent & Rebecca his wife Roger Bishope of Dublyn in the dominion of Ireland Gent. & Margery his wife and Abigall Prowse of Crediton in the County of Devon widdow & penelope Walrond daughter of Henry Walrond of Bradford esquire deceased of the one parte and Thomas Bowdon of Bishopestyngton in the County of Devon yeoman & the said John Mardon of the other parte did for the consideracon of the sume of one hundred & fowerscore pounds lawfull money of England in hand paid and secured to bee paid by Thomas Willmead of the parish of Bovytracy in the County of Devon Tanner to & for the uses intents & purposes and for the causes in the said deed indented menconed fverified & exprsed graunte bargaine sell enfeoffe & confirme and the said George Cockram & Rebecca his wife Roger Bishope & Margery his wife Abigall Prowse & Penelope Walrond did by the said deed indented Remise Release & confirme unto the said Thomas Bowden & John Mardon their heires and assignes for ever All that one Messuage and Tenement with their appurtencs. comonly called & knowne by the name of Plumley scituate lying & being in the parish of Bovy Tracy in the County of Devon then in possession of the foresaid Thomas Willmead and all howses edifices buildings barnes stables outhowses courtes courtelages gardens orchards waies pathes easements comodities & advantages to the same belonging or appertaining togeather with all woods underwood waters watercourses comons & comon of pasture heath fursse wasts mines quarries fishings fowlings Royalties priveliedges liberties Jurisdiccons profitts emoluments & hereditaments whatsoever unto the said premisses thereby graunted in anywise belonging or appertaining or to or with the same heretofore used occupied as parte & parcell or member thereof And alsoe the revercon & revercons remainder & remainders rents & services of the premisses thereby graunted wth said premisses were then parte & parcell of the Mannor of fishacree in the County of Devon To have and to hold the said Messuage and tenement and alsoe all and singular other the premisses with their & every of their appurtencs. by the said deed indented graunted unto they the said Thomas Bowdon & John Mardon their heires & assignes forever to & for the only use & behoofe of they the said Thomas Bowdon & John Mardon their heires & assignes forever more upon speciall Trust & confidence neverthelesse in them the said Thomas Bowdon & John Mardon & their heires reposed and to this intent & purpose only that they the said Thomas Bowdon & John Mardon and their heires & assignes should stand & bee seized of the premisses aforesaid in trust to & for the only use benefitt & behoofe of such person & persons and for such estate & estates and in such manner & forme and to such intents & purposes as the said Thomas Willmead by his last will & Testament in writing to be testified by two Credible witnesses or more or by any other writinge or writings made in his life time under his hand & sealle to be testified by two credible witnesses or nore should Lymitt declare & appoint and for default of such lymitacon and appointment to & for the only use and behoof of the said  Thomas Willmead his heires & assignes for ever more and to & for noe other use intent or purpose whatsoever as in & by the said recited Deed indented amongest other things therein contained more at large appeareth

AND whereas the said Thomas Willmead did afterwards by his last will & testament in writinge bearing date the Seaventeenth day of January in the Eighteenth yeare of the raigne of our said soveraigne Lord Kinge Charles the second testified by three credible witnesses give to the said Richard his sonne (and heire apparant) and to his heires forever after his (the said Thomas Willmeads) decease and after the death of Margery his wife the Land of all the (foresaid) Messuage and tenement comonly called or knowne by the name of Plumley with thappurtencs. scituate lying & being in Bovytracy aforesaid and of his said will made the said Margery his wife & Richard Willmead have taken upon them the execucon. of the said will

AND whereas the said Thomas Bowdon since the making & executing of the said deed indented dyed and thereby the said trust was wholy devolved on and doth now remaine in the said John Mardon

NOW these presents WITNESSE that the said John Mardon according to and for the discharging oif the trust aforesaid reposed in him & the said Thomas Bowdon by the said Thomas Willmead as aforesaid and att the request & desire of the said Richard Willmead and for diverse other good causes & consideracons him thereunto movinge and induring

HATH graunted enfeoffed bargained sold aliened released & confirmed and by these pnts doth cleerly & absolutely graunte enfeoffe bargaine sell alien release & confirme unto the said Richard Willmead & his heires All the foresaid messuage and tenement with thappurtencs in Bovytracy aforesaid comonly called or knowne by the name of Plumley and all & singular other the premisses with thappurtencs graunted bargained & sold or intended to bee graunted bargained & sold enfeoffed released & confirmed in and by the said recited Deed indented  All w.th said graunted premisses are now in the actuall possession of the said Richard Willmead by virtue of a Bargaine & sale for the consideracon of five shillings for the tearme of one yeare from the nyne & twentieth day of September last past before the date hereof unto him thereof made by the said John Mardon by his Deed bearing date the next day before the date hereof and intended for the execucon of these pnts. and by force of the statute for transferring of uses into possession as by the said Deed relacon thereunto being had more at large doth & may appeare And foresaid John Mardon for the causes & consideracons aforesaid doth likewise graunte bargaine & sell unto the said Richard Willmead the revercon & revercons remainder & remainders rents & services of all & singular the foresaid premisses with thappurtencs and all deeds writings & evidences whatsoever in his hands & power concerning only the foresaid premisses or only any parte thereof

TO HAVE & TO HOLDE the said messuage and tenement called Plumley with all & singular other the foresaid pr.misses with thappurtencs unto the said Richard Willmead his heires & assignes forever unto the only use and behoofe of the said Richard Willmead his heires & assignes for ever more to be holden of the cheiffe Lord or Lords of the fee of the premisses by the Rents & services therefore due and of right accustomed to bee paid

AND the said John Mardon for himselfe his heires executors & administrators and for every of them doth covenante promise & agree unto & with the said Richard Willmead his heires & assignes and to & with every of them by these pnts. that hee the said Richard Willmead his heires & assignes shall or lawfully may for ever hereafter quietly & peaceably have hold use occupy possesse & enioy all & singular the foresaid premisses with thappurtencs. without the lett suite hurte denyall interupcon. eviccon or eieccon of or by him the said John Mardon his heires or assignes or any other person or persons whatsoever lawfully clayming or to clayme by from or under him or them or nay or either of them And that all & singular the foresaid premisses with thappurtencs. for ever hereafter shall or lawfully may remaine continue and bee unto the foresaid Richard Willmead his heires & assignes fre & cleer of and from all former & other guifts graunted bargaines sales demises leases tytles troubles charges incumberances & demaunds whatsoever had made comitted imposed suffered or done by him the said John Mardon or to be had made comitted imposed suffered or done by him the said John Mardon his heires or assignes or any or either of them And that hee the said John Mardon and his heires att any time hereafter upon reasonable request to him or them to bee made by the said Richard Willmead his heires or assignes and att his or their costs & charges shall & will make doe execute acknowleidge & suffer or cause & procure to be made done executed acknowledged & suffered all & every such other reasonable Act thinge or devise acts things or divises in the Lawe whatsoever for the further firmer & better assuring conveying of all & singular the before graunted meant or intended to bee graunted premisses with thappurtencs unto the said Richard Willmead his heires & assignes as by him or them his or their councell learned in the lawe shall be reasonably required devised or directed for as for the doinge thereof none of the persons to be requested bee compellable to travell above the space of twenty miles from the place or places of his or their aboad at the time of such request to be made and for as alsoe the said further assurance comprehend noe larger warranty or covenants then are contained in these pnts. And that the said further assurance shall be & envre and is hereby declared to bee unto the only use & behoofe of the said Richard Willmead his heires & assignes for ever more and to & for none other use intent or purpose whatsoever

IN WITNESE whereof the parties aforesaid to these present Indentures their hands & seales interchangeably have sett yeoven the day & yeare first above written.  Annoq. Dni. 1675

                                                                    John Mardon

[Transcribed 1 February 1988 and typed 29 May 1989 by G.J.Ramstedt.]