Indenture made 1 June. 7 Jas. I. (1609) between Robert Burdon of Highheaunton, Co. Devon, Gent, and William Glandfilde, otherwise Hutchyn, of Northlewe, Yeoman, on one part and Christopher Lamacrafte of Ken, Gent, and Hanyball Gydley of Northlewe, Gent, on the other part, witnessing that whereas said William Glandfild now holds half a tenement called Lower Lake in Northlewe for a term of years determinable on the lives of Mary and Martha Glandfilde, otherwise Hutchyn, daughters of said William, the reversion, freehold, and fee thereof, belonging to said Robert Burdon, and whereas said Hanyball Gydley now holds the other half of the said tenement, for a term of years determinable on the lives of said Hanyball, William Gydley and John Gydlegh, sons of said Hanyball, the reversion and fee belonging to said Christopher Lamacrafte, the said parties for a partition to be made between them both of the inheritance and the possession of the tenement have agreed together as follows:-
Hanyball and Christopher to have as their part of the tenement the halhowse with the entry, the chamber over the entry, the little chamber beneath the entry, the kitchen, the shippen and half the waynehouse in the wester end thereof, the orchard, a close called the Nethentowne, with the lane above the Nethentowne, that is to say the pasture, soil and inheritance thereof, saving the use and occupation of the way therein to ride, go and drive, and and c, at all times in and through the same lane, another close called the lower Gratten, the Greate Meadowe, the little close be-west the lane leading from Lewebowne towards Crowden, the Wester Broomedowne and the ham and half the trees now growing in the little haye otherwise called the Okehaye, (two ashes now growing there and marked excepted).
William Glanfilde and Robert Burden shall have for their part the howse at the East end of the hall there called the parler, with the chamber over, one little lynnye howse going out of the parler, the barne, the stable, the bullocke howse and half the waynehouse, being the easter part thereof, a close called the Eastentowne, with the West hedge of the same and the hedge in the lower end thereof lying on the West side and on the North side of the said close, with lawful and sufficient troughes on the outsides of either of the said hedges, i.e., on the West and North sides for the maintenance and repair of the hedges, a plot of land called the Little-haye or Okehaye, being above the stable and the old waynhouse, and the half of all trees there now growing, the same plot of land to be inclosed with a quickset hedge on the West side thereof, and of the two great oaks growing on the West side of the waynhouse, leaving a sufficient way for all manner of carriages of the West part of the said hedge so to be made; other closes called Syngeparke, Higher Gratten, the Easter-broomedowne, the ham meadowe, the landen meadowe, and the Bunenhaye, with a lawful and sufficient way in the lane above the Nethentowne until it come to the Higher Gratten and from the Higher Gratten to the Lower Gratten on the East side thereof till they come into the highway, to drive, go, carry, and c, at all times, the said Robert and William to repair and maintain a yeate between the two Grattens and another yeate between the lower Tratten and the highway, both of them on the East side of the two Grattens, and William and Robert shall have a convenient watercourse to run from the Townplace there through the lane above the Nethertowne to be brought into the higher Gratten as often as they please when it shall come to their turn to go in the troughe of the part of the said Christopher and Hanyball or by dycking or drawing of a furrow in any part of the lane without impediment by Hanyball or Christopher.
It is agreed that all the hedges of any of the land and ground parted as aforesaid being East towards the land or ground or either part shall be maintained by the occupiers of the same lands of either part to which the same is so East except the Eastentowne hedges and the Okehaye hedge before already limited and expressed and that one yeate at the head of the Neathentowne against the townplace and another yeate at the West end of the highway which leadeth through the said tenement towards Crowden shall be always made and repaired by the tenants and occupiers of the part of said Hanyball and Christopher, and that one other yeate at the East end of the said highway standing by the Sanctuarie ground and also one other yeate in the Nethentowne at the higher end of the Higher Gratten at the East end of the lane of the Nethentowne shall be repaired by the tenants and occupiers of the part of William and Robert, and that the said lane and highway leading through the tenement towards Crowden, concerning the inheritance, soil and pasture thereof, shall remain in common between the said parties, as heretofore it hath been, and that the courtledge and townplace shall also remain in common to both parties, as it was before this partition, saving that the lord or tenant of either part may erect any new house or enlarge any old house in the townplace, so being common, without molestation by the tenant or occupier of the other part, and the town yeate shall be maintained in common, and the pool in the towneplace by the Bunehaye hedge and the floote for the making of the worthe, and also the floote of the towneplace or any other comodity of water which may be brought through the towneplace by any means, that the tenants of one part shall have it wholly one year and the tenants of the other part the next year and so to continue by turn for ever; trees belonging to the tenant of one part which stand upon the land of the other must be felled at convenient times within 10 years or they will remain to the owner of the land on which they stand; the rents and services due to the lord of the fee shall be equally paid by each party.
Wits. Arthur Ga ........
....... Hawkins ?.
2 tags for seals. (now disappeared)