Evercreech Park Purchase Contract - 1657


 

Below is a copy of the 1657 contract by which "Richard Newman of Westminster" (presumably Richard Newman of Fifehead) purchased Evercreech Park from John Caryll and John Tretheroy, given to me by the current owners of Evercreech Park Farm. I have made a transcription of the text as best I can (but will be grateful for corrections of any errors that I've made).


 

Transcription of the text by Chris Newman and Raymond Mercier
(using modern spellings)

The four and twentieth day of June in the Year of our Lord
one Thousand six hundred Fifty and Seaven

It is contracted and agreed by and between John Trethewy of the Inner Temple London, and Richard Newman of the City of Westminster in the County of Middlesex Esq As followeth
That for and in consideration of the sum of two thousand and six hundred pounds to be paid in manner following

He the said John Trethewy and John Caryll Esq (through his procurement) shall convey unto the said Richard Newman and his heirs All those Closes or parcels of Land Meadow and pasture with the Houses Orchards and Gardens and thereon Containing in the whole by Estimation two hundred and nine acres and two woods be the same more or less with the appurtenances Commonly called or known by the name of Evercreech Park situate and being in the parish of Evercreech in the County of Somerset And all those two parcels of ground with the appurtenances commonly called Poynteins lying and being in the Parish of Pennard in the County of Somerset adjoining to the said Park And that the said And that the said John Trethewy in one other deed by himself alone shall more over Convey unto the said Richard Newman not only the said Park and premises but also the advowson right of Patronage nomination and presentation of in and to the Parish Church and Rectory of Ditcheatt in the county of Somerset.

That the Consideration to be mentioned in the Joint Conveyance to be made by the said John Trethewy and John Caryll shall be two thousand and eighty pounds to be accounted as part of the two thousand six hundred pounds above mentioned.

That of the said sum of two thousand six hundred pounds shall be paid unto the said John Caryll the sum of one thousand two hundred pounds for the satisfying of Dame Dorothy Drummond and her daughters of a debt allowed as an Encumbrance upon the said Park and which is to be in full of the said debt according to an agreement made by the said John Trethewy concerning the same.

That one thousand four hundred pounds the residue of the said two thousand six hundred pounds shall be paid by the said Richard Newman unto the said John Trethewy in the manner following That is to say three hundred pounds and thereof on the twentieth day of October next three hundred pounds more on the last day of January next and the eight hundred pounds more on the last day residue on the twentieth day of June that shall be in the year of our Lord God one thousand six hundred fifty eight.

That the said John Trethewy for the Consideration aforesaid doth Covenant to save harmless the said Richard Newman his heirs and assigns against Will [=William] Downehall Esq and the rest of the Creditors Mentioned in a Conveyance bearing date the eleventh day of January one thousand six hundred fifty and three whereby the Trustees for Sale of Delinquents Lands Conveyed the said Park and Lands called Pointeins (amongst other things) unto the said John Caryll and John Trethewy and against all other persons by the said Creditors or any of them entrusted.

And whereas the debts mentioned in the said last recited Conveyance doe in all amount unto the sum of two thousand five hundred eighty seven pounds and eleven shillings and eight pence for the satisfying whereof the said Park and Lands called Poynteins together with three Messuages or Tenements and a Mill late in the tenure of Amy Strode Widow (lately Deceased) were Conveyed unto the said John Trethewy and John Caryll by the said Trustees as aforesaid.

Now upon due enquiry and Consideration had of the respective values of the last recited premises The said John Trethewy and Richard Newman are Mutually satisfied and doe agree that the said Mill and Tenement mentioned to be in the late possession of the said Amy Strode and with the said John Trethewy is still to have and enjoy, are not in value an eighth part of all the premises in the said last recited Conveyance mentioned so that in due proportion the said Park and Lands called Pointeines ought to bear and to be accounted for three thousand one hundred fifty pounds or thereabouts of the said debts amounting to three thousand five hundred and eighty seven pounds eleven shillings and eight pence as aforesaid.

And the said Rectory in regards of two several advowsons there of Lately granted is not now of any Considerable value. And the said John Trethewy doth aver that the said Richard Newman should have paid three hundred pounds more than he is to pay by this Agreement for the said Park and Lands called Pointeines, but that the said John Trethewy acknowledges himself Much obliged to the said Richard Newman for his assistance with money and advice in Compounding with the said Creditors, and in regards to said Richard Newman took a great deal of pains in getting the said debts to be allowed by the Com? for removing of obstructions.

So upon the whole matter it is to be understood that the said Richard Newman pays two thousand and nine hundred pounds for the said Parke and Lands called Poynteines.
Sealed and delivered and Expressed

Tho: Younge Jo: Trethewy
Thomas Cox R Newman

Margin:
This writing was showed to Thomas Cox Gent at the home of his examiner …….. parke of Richard Newman ………..


Footnotes:

1 - Will of John Trethewy of Saint Stephens in Brannell, Cornwall, 25 October 1671, PROB 11/337; Sentence of John Trethewy of Saint Stephen in Brannel, Cornwall, 16 February 1672, PROB 11/338.

2 - Will of John Caryll of Harting, Sussex,23 November 1681 PROB 11/365.

3 - Will of Dame Anne Strode, Widow of Cattistock, Dorset, 28 November 1648, PROB 11/206


Page created: 4th Dec 2003 - Last updated 12 Jan 2004