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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