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DOC9. Indenture from March 25, 1693, between William Herring (Hearing) of Highworth, Cordwainer, John Greene of Stratton St Margarett, Cordwainer, son of Ambrose Greene, maltster, (deceased) Henry Brind, Inn holder of Highworth, and Thomas Hippsly of Staunton, Highworth.


Ambrose Greene used to occupy the malthouse at Westrop, Highworth. In 1691 his son John Greene had contracted to lease the malthouse to William Herring for £64 10s over 500 years, with a peppercorn rent. There was a get out clause. Greene could pay Herring £1 18s 4d on the following June 24th and £65 18s 4d on December 22.

But the original £64 10s was not paid. Henry Brind steps into the picture paying £25 10s to Herring and £64 10s to Greene for a 500 year lease on the malthouse.

This must be the Henry Brind who made his will in 1722.

1>This indenture Quadripartite made the five and twentieth day of March in the fifth year of the Reign of our Sovereign Lord and Lady William and 2>Mary by the grace of God of England Scotland France and Ireland King and Queen defender of the faith or Anno D.... 1693. BETIVECITE William Herring of 3>Highworth in the County of Wilts Cordwainer of the first part John Greene of Stratton St Margarett's in the said County of Wilts Cordwainer eldest son of Ambrose 4>Greene late of Westrop in the parish of Highworth aforesaid maltster deceased of the second part Henry Brind of Highworth aforesaid Innholder of the third 5>part and Thomas Hippsly of Staunton in the parish of Highworth aforesaid gent of the fourth part. WHEREAS the said John Greene by his indenture of 6>lease in the .... of a mortgage bearing date the one and twentieth day of December in the third year of their now majesty's reign over England & during 7>.... 1691 for the consideration of the sum of three score and four pounds and ten shillings of lawful money of England thereby mentioned to be paid to the said John 8> Greene by the said William Herring DID demise grant bargain sell and to feign let unto the said William Herring his executors administrators and assignees 9> ALL that messuage tenement or dwelling house with the malthouse and and other houses thereunto belonging situate lying and being in the parish of Highworth aforesaid 10> in the said county of Wilts and all those two yards of arable land lying and and being in the fields of Westrop aforesaid shooting upon the said messuage or tenement and all 11> and every the barns stables gardens orchards .... called ways waters watercourse easements rights members profits commodities advantages hereditaments 12> and appurtenances whatsoever to the said messuage or tenement arable lands and premises or any or either of them belonging or in any wise appertaining all which premises were 13> heretofore in the occupation of the said Ambrose Greene deceased and were then in the occupation of the said John Greene or his assigned and the Reversion and Reversions Remainder and 14> Remainders Rents issues and profits of all and singular the said premises and of every part thereof TO HAVE AND TO HOLD the said messuage tenement or dwelling house lands 15> and premises and every part and parcel thereof with the appurtenances unto the said William Herring his executors administrators and assignees from henceforth for and during and 16> until the full end and term of five hundred years from thence next ensuing and fully to be complete and ended without impeachment of or for any manner of waste for and under 17> the yearly rent of one pepper corn payable at the feast of St Michael the Archangel only if the same should be demanded in and by which said recited indenture there is a 18> proviso or condition containing to the effect that if the said John Greene his heirs executors administrators or assignees should well and truly pay or cause to be paid unto the said 19> William Herring his executors administrators or assignees at or in the then dwelling house of the said William Herring .... in the parish of Highworth aforesaid the sum of one 20> pound eighteen shillings and four pence of lawful money of England on the four and twentieth day of June then next ensuing the date of the said recited indenture and the sum of 21> sixty and five pounds eighteen shilling and four pence of like lawful money of England upon the two and twentieth day of December which was in the year of our Lord one 22> thousand six hundred eighty(?) and five that then the said recited indenture was to be voided in and by the said recited indenture relation thereunto being had more at large it 23> doth and may appear which said principal sum of three score and four pound and ten shillings or any part thereof was not paid at the time and place in and by the 24> said recited promise limited and appointed for payment thereof nor at any other time or place whereby the estate of the said William Herring of and in the said premises 25> became absolute in the law for and during all the rest and residue of the said term of five hundred years which were then to come and unexpired But the.... 26> is suice satisfied and paid unto the said William Herring AND WHEREAS the said Henry Brind hath contracted and agreed with the said John Greene for the absolute 27> said promises but being minded to .... the said recited indenture of lease on .... for the better strengthening and corroborating his title of and in the same NOW THIS 28> INDENTURE WITNESSETH that the said William Herring for and in consideration of the sum of three score and four pounds and ten shillings of lawful money of England to him at the 29> .... and by the .... and appointment of the said John Greene testified by his being made a party & hereunto and by his ensealing and delivery of these presents in hand paid 30> by the said Henry Brind at or before the ensealing and delivery hereof the receipt whereof the said William Herring doth hereby acknowledge and thereof and of every part and 31> parcel thereof the said William Herring and the said John Greene do and each of them doth acquit release and discharge the said Henry Brind his executors and administrators and 32> .............................the consent and direction of the said John Greene......

a> assigned all that the said recited messuage tenement or dwelling house land and appurtenances b> and singular ..... the premises demises and granted or meant mentioned or intended to be c> thereof with their and every of their appurtenances together with the said recited indenture of lease and the R........

1a> thereof and of every part thereof and also all the ...right title interest use possession term of years to ....property ...and...whatsover both in law and equity 2a>of him the said William Herring or into and out of the said premises and every or any part or parcel thereof TO HAVE AND TO HOLD the said messuage tenement or dwelling house 3a> arable lands and all and singular other the premises hereby or intended to be hereby assigned and every part and parcel thereof with their and every of their appurtenance unto 4a> the said Thomas Hippsly his executors administrators and assignees from henceforth for and during all the rest and residue of the said term of five hundred years which are yet to 5a> come and unexpired in as large and ...manner as ...the said William Herring his executors or administrators might ....or ought to have held or enjoyed the same by... 6a> and ....or the said recited indenture of lease or by another other ways or means whatsoever or howsoever IN TRUST nevertheless and to and for the only use benefit and behoof of the 7a> said Henry Brind his executors administrators and assignees and to the intent and purpose that the said Henry Brind his executors administrators and assignees shall and lawfully may from 8a> time to time and at all times hereafter during the said term and estate hereby granted have receive perceive and take the rents issues and profits hereof without rendering any 9a> amount for the same unto the said Thomas Hippsly his executors administrators or assignees or to any other person or persons whatsoever of or for the same AND THE SAID William 10a> Herring for himself his executors and administrators and for every of them doth covenant promise and grant to and with the said Thomas Hippsly his executors administrators and assignees 11a> and to and with every of them by these presents that he the said William Herring hath not at any time heretofore made done or committed or wittingly or willingly suffered to be had 12a> made or done any act matter or thing whatsoever whereby or by means whereof the said premises hereby or intended to be hereby assigned or any part or parcel thereof of the 13a> residue of the said term of five hundred years is are or shall or may be surrendered forfeited or any ways avoided impeached or encumbered in estate charge tithe or otherwise 14a> Howsoever AND THIS INDENTURE further witnesseth that the said John Greene for the consideration aforesaid and in further consideration of the sum of five and twenty 15a> pounds and ten shillings of lawful money of England to (Ann?) the said John Greene in hand paid by the said Henry Brind at or before the ensealing and delivery hereof the receipt whereof the said John Greene doth 16a> hereby acknowledge and thereof and of every ...thereof doth acquit and discharge the said Henry Brind his executors administrators and assignees and every of them for ever by these 17a> presents which said sum of five and twenty pounds & ten shillings together with the sum of three score & four pounds and ten shillings before mentioned to be paid by the said Henry Brind unto the said William 18a> Herring amount in the whole to the sum of four score and ten pounds which sum of four score and ten pounds is the same sum mentioned to be the consideration 19a> money of one other indenture bearing date the fourth day of March next after the date of these presents and purporting a conveyance of the said premises from the said John Greene unto the said 20a> Henry Brind his heirs and assignees for ever he the said John Greene hath ratified and confirmed and by these presents doth ratify and confirm unto the said Thomas Hippsly 21a> his executors administrators and assignees all and singular the said recited messuage tenement or dwelling house lands and premises hereby or intended to be hereby assigned and 22a> every part and parcel thereof with their and every of their appurtenances TO HAVE AND TO HOLD the said messuage & tenement or dwelling house and premises and every part 23a> and parcel there of their their and every of their appurtenances unto the said Thomas Hippsly his executors administrators and assignees interest as aforesaid from henceforth for and 24a> during all the rest and residue of the said term of five hundred year which are yet to come and unexpired freed and discharged of the aforesaid ..... or ............ 25a> the said recited indentures mentioned and of all manner of equity of redemption thereupon AND THE SAID John Greene for himself his heirs executors and administrators and for every 26a> of them doth covenant promise and guarantee to and with the said Thomas Hippsly his executors administrators and assignees to and with every of them by these presents that the said 27a> recited indentures of draft at the time of the ensealing and delivery of these presents to a good and.......... lease and ...valid in the law of and for the said messuage tenement or 28a> dwelling house and premises for and during all the rest and residue yet to come and unexpired of the said recited term of five hundred years not forfeited or surrendered or any way 29a> avoided or avoidable AND FURTHER that the said William Herring at the time of the ensealing and delivery of these presents hath in himself good right full power and lawful 30a> authority to bargain sell assign and set over charge the said John Greene to ratify and confirm all and singular the said messuage tenement or dwelling house and premises and every 31a> part and parcel thereof with the appurtenances for and during all the rest and residue of the said term of five hundred years which is yet to come and unexpired in manner and 32a> form aforesaid according to the purpose trust and meaning of these presents AND the said John Greene does by these presents absolutely remise release and quit.........

1b> the said Thomas Hippsly and executors administrators and assignees and aforesaid proviso or condition in the said recited indenture of draft contained concerning 2b> the redemption of the said premises and all and every covenant clause archive and agreement touching or concerning the same and also all the ... 3b> right title interest term of years to come possession reversion property claim entry condition benefit and demand whatsoever both in law and 4b> equity & which use the said John Greene now hath or can or may claim of into or out of the said premises or any part or parcel thereof by force 5b> and virtue of the said recited indenture of lease or of the said recited proviso or condition therein contained or by any other ways or means 6b> whatsoever or howsoever IN WITNESS whereof the said parties to these present indentures interchangeably have set their hands and seals the .....

William Hearing John Greene
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