Held at:

Herefordshire Record Office

Reference:

P82/11/8843 [LC Books]

Source:

Original document

Title:

Indenture of Mortgage: Michaelchurch Mill [transcription]

Place name:

Michaelchurch Escley

Date:

1652

Description:

This Indenture made the eleventh day of June in the year of our Lord one thousand six hundred fifty and two Between Phillip Watkyne of the p(ar)ish of Ewyas Harrold in the county of Heref(ord) yeomn and James Harry Howell of the p(ar)ish of Michaelchurch Escley in the said county husbandman [on] the [?] […illegible…] William Thomas of the said p(ar)ish of Michaelchurch Escley in the county of Heref(ord) aforesaid yeoman on the other [?part] Witnesseth that the said Php Watkine and James Harry Howell for good cause and valuable considerations [?them] moveinge Have given granted bargayned sold [?engrossed] and confirmed and by these p(re)sents Doe and either of them doeth [?clearly] and absolutely give grant bargayne [?sell] [?engross] and confirme unto the said William Thomas and to his heires and assignes for ever All that messuage or tenement with the [?app(ur)tenances] [?and] garden thereunto adjoyninge [?and] water corne or grist mill and one p(ar)]cell of meadowe ground conteyninge by [?estimation] two [?dayes] and a half of [?hay] or thereabouts be it more or less [with] [theire] and [any] of theire [app(ur)tenances] nowe in the [?tenure] possession and occupation of the said William Thomas [?] lyinge and beinge in the p(ar)ish of Michaelchurch Escley aforesaid in the said county of Heref[ord] betweene the river of Escley the lands late of Abraham Powell deceased and the lands of the said William Thomas called Cai [?Mawre] on all or most [?p(ar)tes] and sides thereof together with all wayes waters watercourses easemts banks stanks sluices weares ponds materialls [?rents] [?reversions] and all other hereditaments whatsoever with the [app(ur)tenances] to the said messuage or tenemt and water corne or grist mill or either of them belonginge or in any wise app(er)teyninge and all [?deedes] [?evidences] and writing whatsoever concerninge the p(re)misses or any part thereof To Have and to hould all and singular the said messuage or tenemt garden water corne or grist mill and p(ar)cell of meadowe ground and all other the hereditaments and premises before mentioned and every parte and p(ar)cell thereof with the app(ur)tenances and the said [?deedes] [?evidences] and writeings unto the said William Thomas his heires and assignes for ever to the [?sole] only and [prop(er)] use and [behooff] of the said William Thomas his heires and assignes for ever to be [?houlden] of the [?cheefe] Lord or Lords of the [?ffee] or [?ffees] thereof by the rents [?duties] customes and services therefore [?soundly] [?due] and of right [?accustomed] [?uppon] and [under] the [?provisoe] or [?condecon] herein hereafter [expressed] that is to say Provided always and it is nevertheless [?covenanted] [?grannted] and fully [agreede] upon by and betweene the said [p(ar)ties] to these p(re)sents that if the said William Thomas his heires or assignes [?] and shall well and truly pay or cause to be payed unto the said Phillip Watkine his heires [executors] [administrators] or assignes the [?severall] [?sumes] of money [?hereafter] [?recited] att the [?severall] [?dayes] and [?places] [hereafter] [?lymitted] and appointed for paymt thereof that is to say the sum of three pounds and twelve shillings of lawfull money of England upon the twenty fowerth day of June [?which] [?shall] be [in] the year of our Lord one thousand and sixe hundred fifty and three the like sum of three pounds and twelve shillings of lawfull money of England upon the twenty fowerth day of June [?which] [?shall be] [in] the year of our Lord one thousand and sixe hundred fifty and fower and the sum of sixtie three pounds and twelve shillings of lawfull money of England upon the twenty fowerth day of June which shall be [in] the year of our Lord one thousand sixe hundred fifty and five or in default thereof the sum of three pounds and twelve shillings of lawfull money of England upon the said [?] day of June which shall be [in] the said yeare of our Lord 1655 the like sum of three pounds and twelve shillings upon the twenty fowerth day of June which shall be [in] the year of our Lord one thousand and sixe hundred fifty and sixe the like sume of three pounds and twelve shillings upon the [?] day of June which shall be in the year of our Lord one thousand and sixe hundred fifty and seven and the sum of sixty three pounds and twelve shillings of lawfull money of England uppon the twenty fowerth day of June which shall be in the year of our Lord one thousand sixe hundred fiftye and eight the said [severall] paymts to be made and [payed] upon the said [severall] dayes att or in the [newe] [dwellinge] house of the said Phillip Watkine situate in Ewyas Harrold aforesaid in the said county wherein one Thomas Morgan did formerly dwell and inhabit That then upon default of paymt of any the severall sums of money aforesaid or of any [?parte] thereof att any the dayes or [places] before [?lymitted] and appointed for paymt thereof this present indenture and every clause article and sentence herein conteyned shall cease determine and be utterly[?frustrated] void of noe effect to all intents and purposes whatsoever this indenture and any thinge herein conteyned to the contrary thereof in any wise notwithstandinge And it is agreed by and betweene the said [p(ar)ties] to these presents that the said William Thomas his heires and assignes shall have and [hould] and enjoy all and singular the said bargained premisses and take and [?persue] the [?rents] [?issues] and proffitts thereof to his and theire own use and uses until default of paymt be had and made of any of the severall sumes of money aforesaid or of any part thereof att any the dayes or places before [lymitted] and appointed for paymt thereof And the said Phillip Watkine for himself has heires executors [adm(inistrator)s]and [ass(igne)s] and for any of them doeth [?covenante] [?promise] grannt to and with the said William Thomas his heires and assignes and to and with every of them by these [p(res)ents] [?in] [?manner] and forme followeinge that is to say That the said William Thomas his heires and assignes att all tymes forever hereafter and from tyme to tyme [?under] the [?provisoe] or [?condicon] aforesaid shall and may lawfully peaceably and quietly have hould use occupy possess and enjoy all and singular the said bargained premises and every p(ar)te and p(arc)ell thereof with the app(ur)tenances [?without] the lawfull [?lett] [?pause] trouble molestation or [?claymeing] [?] by from or under [?] either or any of them And that he the said Phillip Watkine and his heires and all and any other p(er)son and p(er)sons whatsoever and his and theire heires any [?thinge] nowe or att any tyme hereafter haveinge or lawfully claymeinge of [in] [to] or [?out] [?of] the before [?recited] premisses or any p(ar)te or p(arc)ell thereof with [app(ur)tenances] from by or under the said Phillip Watkine his heires or ass(igne)s shall and will from tyme to tyme and att all tymes from and after the full paymt of the [?said] all sumes of money aforesaid in [manner] and forme aforesaid to be payed shall at the reasonable request costs [?] chardges in the lawe of the said William Thomas his heires and assignes [?make] doe acknoweledge [?operate] and grant and suffer to be made done acknoweledged and [?operated] all and every such further and other lawfull and reasonable acte and acts [?chardges] and thinges [?devise} and [?devises] in the lawe whatsoever for the better and more absolute [?assuringe] [?haveinge] houldinge and [enjoyinge] of all and [singular] the said bargayned premisses and any p(ar)te and p(arc)ell thereof with the [app(u)tenances] unto the said William Thomas his heires and assignes for ever and his and theire sole only and [?proper] use and [behooff] Be it by [?feoffmt] deede or deedes release or otherwise as by the said William Thomas his heires or assignes or his or theire [?councell] [?learned] in the lawe shall [?reasonably]  [?devised] [?advised] and required Soe as now of the said p(ar)ties by whome such further [acte] or [acts] are or is to be made not [?compelled] to [?travell] for the [?doeinge] thereof out of the said county of [Heref(ord)] And the said Phillip Watkine and his heires all and singular the tenemt aforesaid with the [app(ur)tenances] against him the said Phillip Watkine and his heires and assignes for ever and to his and theire only use and [?behooff] under the provisoe or {conicon] aforesaid shall under him or them or any of them unto the said William Thomas his heires and assignes for ever and to his and theire only use and [?behooff] under the provisoe or {condicon] aforesaid shall and will [warrt] and for ever defend by these p(re)sents And the said James Harry Howell doeth hereby for himself his heires [?exec(utor)s] [?adm(inistrator)s] and assignes and for any of them [?covenante] promise and grant to and with the said William Thomas his heires and assignes and to and with any of them by these p(re)sents that he the said William Thomas his heires and assignes and [any] of them shall and may from tyme to tyme and att all tymes for ever hereafter under the provisoe or [?condicon] aforesaid lawfully peaceably and quietly have houlde use [?occupy] possess and enjoy all and singular the before recited premisses and every p(ar)te and p(ar)cell thereof with the [app(ur)tenances] without any the lawfull lett or [?interruption] of any p(er)son or p(er)sons whatsoever [?] dischardged of and from all and all manner of former and other [?estates] rights tithes [?troubles] chardges and [?encumbrances] whatsoever And that he the said James Harry Howell and his heires shall and will from tyme to tyme and att all tymes hereafter at the reasonable request costs and chardges in the lawe of the said William Thomas his heires and assignes or of any of them [?make] doe acknoweledge execute and [?grannt] and suffer to be made done acknoweledged and executed all and any such further and other lawfull acte and actes assurance and assurances in the lawe whatsoever for the [?more] [?suremakinge] of all and singular the beforerecited premises and any p(ar)te or p(ar)cell thereof with the app(ur)tenances unto the said William Thomas his heires and assignes for ever and to [?his and theire] owne use for ever be it by [?] [?with] [?proclamations] deede or deedes [?release] or otherwise as by the said William Thomas his heires or ass(igne)s or his or theire [?councell] [?learned in the] lawe shall be reasonably [?devised] advised and required And the said James Harry Howell and his heires all and singular the before recited premisses and any p(ar)te and p(ar)cell thereof with app(ur)tenances unto the said William Thomas his heires and assignes for ever to the sole only and [proper] use and [behooff] of the said William Thomas his heires and assignes for ever under the provisoe or [condicon] aforesaid against all people shall and will warrant and for ever defend by these p(re)sents In Witness whereof the above names p(er)sons have to these p(re)sents [?] put theire hands and seales the day and year first above mentioned.

Observations:

The original document is difficult to read. Words that are unclear and/or inferred from context are shown in square brackets with a question mark. Documents P82/11/8836 and P82/11/8837 are also related to this transaction.


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Ref: rs_mic_0113