Catalogue description Devon Record Office

TOTNES

Assignment of Mortgages and declaration of trust.

(1) John Fownes and Francis Drew.

(2) John Martyn and John Waddon, both of Plimpton, esquires, as Trustees.

[(3) William Woollcombe, Thomas Bowdon, Richard Clarke and John Gilberd, (4) Totnes Corporation.]

Two Mortgages are recited: (a) Dated 19 June [? year], by the Mayor and Burgesses of Totnes to John Fownes, of four water grist mills, malt mill, fulling mills, fishery, dwelling-house, Rack Marsh meadow and c., for £700. Term of 500 years. On this there is now due to Fownes £1021.

(b) Dated in the first year of George [I, i.e., 1714/5], by the Mayor and Burgesses to Robert Symons, of the above premises with additions, namely certain Markets, the Shambles House (then held by John Fabyan, later Nic. Harris, now Walter Harris).

[Two other houses - William Hingston a tenant]. the Kays and Kayage with duties, customs and c., [the Church Walk with the] Chamber or Lottery over the same and the Gerts, Pease, Beans and Apple Markett to the same belonging, and all tolls; a little field called the Fair Park, on S side of way to Harpers Hill, then held by Martyn Gooding.... opposite the Rotherfold Conduit then held by Nic. Crues, now John Phillips... house garden and stable... Thomas Hawkins and others, house etc., in Lower Quarter held by Nic. Lampen now Hugh Hawkes, and messuages in Picklemore Street: Excepting to the Mayor the privilege of placing and weighing yarn, worsted and obb on the flesh-shambles.......

Consideration: £600 and 1d. rent if demanded. Term, 2000 years.

Robert Symons is dead intestate and Fownes and Drew have obtained letters of administration of his estate and so become entitled to the second mortgage, [whereon there is due] from the Corporation £676. 10s. 0d. Fownes and Drew have called for speedy payment, which the Corporation cannot provide without selling or leasing parts of the mortgaged premises. The Corporation have therefore held a Survey in the Guildhall and there contracted to lease:-

(i) To Woollcombe the flesh-shambles ... Shambles house, Church Walk and Lottery and Market thereto belonging, for 99 years...

(iii) To Bowdon and Clarke the cattle-market, Rotherfold, sheep market and fairs, with tolls and c., for £350 ready money and 6s. 8d. rent, and

(iii) To Gilberd and Clarke... [? markets] with tolls etc., for 99 years, for £180 ready money and 5s rent.

NOW, in consideration of the £1021 due to Fownes being paid by Woollcombe ---------[? alone, or jointly with Bowdon etc., ?] --- and of £676.10.0., due to Fownes and Drew on Symons' mortgage being paid by Woollcombe, Bowden, Clarke and Gilberd; Fownes and Drew severally and jointly assign to Martyn and Drew (as Trustees for the Corporation, Woollcombe, Bowdon, Clarke and Gilberd) the premises of both Mortgages, subject to the following five assignments, all made jointly by Fownes and Drew with the Corporation.

(a) To Andrew Colwill, doctor in physick, decd., the Stray Park, for £35.

(b) To Elizabeth Efford widow, house and c., opposite Rotherfold Conduit for £50.

(c) To Edmund Efford, house etc., in Higher Quarter, then held by Thomas Hawkins and ors., for £34.

(d) To Benjamin Amyatt, houses etc., in Picklemore Street for £20. [These four stated to have been of one date, 18 Sept., 1718; but query 1719?].

(e) To Hugh Hawkes, house in Lower Quarter, N side of Street and E of Chris. Farwell's house; held by Nic. Lampen.

Lastly, Woollcombe, Bowden, Clarke and Gilberd having paid the Corporation £393, the remainder of their several contracted purchases; it is declared that the present assignments to Martyn and Waddon are on trust that the latter should by three leases already prepared and dated the day after this, grant to Woollcombe etc., their several parcels for 99 years absolute, and hold any residue to the use of the Corporation.