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Indenture Benjamin Neville 1770

Hampshire Archives and Local Studies reference number: 5M52/T106.

This indenture relates to a mortgage over a property called Willersley Warren. Benjamin Neville was executor of the will of Henry Bradley of New Alresford which provides a link between him and the place where his daughter was married. The clerk spells Neville with an 'e' at the end but Benjamin signs without an 'e'. This suggests the presence or absence of the final 'e' is not significant in differentiating families. The transcription is incomplete because photographs of part of the document are missing.

On the front:

Dat. 25th December 1770

Messrs Bradley and Dicker }
to                     } Release by way of Mortgage for securing the Sum of 2000 & Int. at 4 per cent per Ann.
Mr Benj: Neville               }

Page 1

This Indenture of three Parts made the twenty fifth Day of December in the eleventh year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain ffrance and Ireland King Defender of the ffaith and so forth and in the Year of our Lord one thousand and seventy Between Henry Bradley of New Alresford in the County of Southampton Gentleman of the first part James Dicker of Overton in the said County Gentleman of the second Part and Benjamin Neville of the Parish of Saint Swithin near the City of Winchester in the County aforesaid Butcher of the third Part Whereas the Right Reverend ffather in God Benjamin by Divine Permission late Lord Bishop of Winchester by his Indenture of Lease bearing date the tenth Day of December in the year of our Lord one thousand seven hundred and fifty one for the Considerations therein mentioned did demise sett and to ffarm lett unto William Dicker the of Horsebridge in the Parish of Kingsomborne in the County of Southampton aforesaid Esquire All that his Land commonly called Willersey Warren nigh Overton in the said County of Southampton and all Liberties Commodities and Profits to the said premises belonging or appertaining To hold unto the said William Dicker his Heirs and Assigns ffom the making thereof for and during the natural Lives of him the said William Dicker James Dicker his Brother (Party hereto) and William Dicker the younger Son of him the said William Dicker and the Life of the longest Liver of them At and under the yearly Rents Covenants Conditions and Agreements therein mentioned and contained And Whereas by Indentures of Lease and Release bearing Date respectively the seventeenth and eighteenth Days of of July in the year of our Lord one thousand seven hundred and fifty four made or mentioned to be made between the said William Dicker the elder of the one Part and William Thomas then of the Parish of Saint Michael near the City of Winchester aforesaid Gentleman of the other part reciting the Lease hereinbefore recited He the said William Dicker the older for the Considerations therein mentioned did grant bargain sell release assign ratify and confim unto the said William Thomas All that the said Land called Willersey Warren and all Liberties Commodities and Profits thereto belonging or appertaining and all and singular other the Premises in and by the said recited Indenture of Lease granted with their and every of their Appurtenances To hold to the said William Thomas his Heirs and Assigns for and during the natural lives of them the said William Dicker the older James Dicker his Brother and William Dicker his son and the Life of the longest Liver of them Subject to a Proviso in the said recited Indenture of Release contained for making void the same on Payment by the said William Dicker his Heirs Executors Administrators or Assigns unto the said William Thomas his Executors Administrators or Assigns of the Sum of two thousand Pounds of lawful Money of Great Britian with Interest for the same after the Rate of four Pounds for one hundred for one year on a certain Day therein mentioned and long since past And Whereas by Indentures of Lease and Release bearing Date the eighteenth and nineteenth Days of October in the year of our Lord one thousand seven hundred and fifty six and made or mentioned to be made between the said James Dicker of the one part and the said William Thomas of the other reciting as hereinbefore is recited and further reciting that the said sum of two thousand Pounds of any part thereof was not paid to the said William Thomas on the Day in the said proviso mentioned for payment thereof whereby the Estate and Interest of him the said William Thomas of and in the said mortgaged premises became absolute at the common Law and also reciting that the said William Dicker the older was then departed this Life having first made and published his last Will and Testament in writing bearing date on or about the nineteenth Day of October in the year of our Lord one thousand seven hundred and fifty three and therein and thereby amongst other Things did give and devise All and every his Messuages ffarms Paronages Tithes Tenths Pensions Portions Lands Tenements and Hereditaments whatsoever and wheresoever as well ffreehold as Copyhold and Leasehold (his Copyhold Estates being surrendered to such uses as he should direct by his Will) unto the said James Dicker by the Name and Description of his Brother James Dicker of Court ffarm in the Parish of Overton in the said County of Southampton Gentleman his Heirs Executors Administrators and Assigns In Trust to and for such uses Intents and Purposes as are therein mentioned and made and appointed the said James Dicker and his Son William Dicker Executors of such his Will as in and by the said Will only duly proved by the said James Dicker only the said William Dicker the Son having renounced and refused to take upon himself the Burthen and Execution thereof and and remaining in the Registry of the the Lord Bishop of Winchester did and now doth appear And also reciting that by the decease of the said William Dicker the older a Life became vacant in the said Leasehold Premises and that the said William Thomas at the special Instance and Request of of the said James Dicker did surrender up the above recited Indenture of Lease into the Hands of the said Lord Bishop of Winchester in order that the same might be renewed and another Life added in the Room and Stead of the said William Dicker the older And that it was agreed between the said parties at the Time of surrender of the said old Lease that the new Lease should be granted to the said James Dicker and should be by him the said James Dicker assigned over and conveyed to the said William Thomas for securing the said Sum of two thousand pounds principal Money with Interest as therein is Mentioned And also reciting that the said Bishop Of Winchester by Indenture bearing date the twenty seventh day of July then last past before the date thereof did accordingly for the Considerations therein did demise set over and to ffarm lett unto the said James Dicker All that the said Land called Willersey Warren formerly Warren of Conies nigh Overton aforesaid and all Liberties Commodities and Profits to the same belonging or appertaining To hold unto the said James Dicker his Heirs and Assigns for by and during the natural lives of William Dicker and Ruth Dicker Son and Daughter of the said William Dicker the older and the life of the longest Liver of them At and under the the yearly Rents Covenants and Agreements therein mentioned and contained That the said Indenture now reciting Witnessed that in Consideration of the said Sum of two thousand Pounds so due to the said William Thomas for principal Money in the Life Time of the said William Dicker the older as aforesaid and also in Consideration of ten shillings to the said James Dicker in Hand paid by the said William Thomas as he the said James Dicker did grant release assign ratify and confirm unto the said William Thomas All that the said Land commonly called Willersey Warren in and by the said last recited Indenture of Lease granted with their and every of their appurtenances To hold unto the said William Thomas his Heirs and Assigns for by and during the natural Lives of them the said James Dicker and and the said William Dicker and Ruth Dicker Son and Daughter of the said William Dicker the older deceased and the Life of the Longest Liver of them At and under the yearly Rents Covenants Conditions and Agreements mentioned and contained in the said last recited Indenture of Lease And subject to a proviso for a Reconveyance or Reassignment of the said premises on payment by the said James Dicker his Heirs Executors Administrators or Assigns unto the said William Thomas his Executors Administrators or Assigns of the full Sum of two thousand pounds of lawful Money of Great Britain with Interest for the same of like lawful Money after the Rate of four Pounds for one hundred for a Year on a certain day therein mentioned and long since past And whereas the said William Thomas afterwards departed this Life having first made and published his last Will and Testament in writing and thereof appointed his Wife Elizabeth Thomas Executrix who took upon her the probate of the said Will and the the Burthen of the Execution of the same And whereas the said Ruth Dicker one of the Lives in the said last recited Indenture of Lease named departed this Life after the decease of the said William Thomas whereupon the said Janes Dicker renewed the said last recited Lease with the Lord Bishop of Winchester Who by Indenture bearing date the twenty fifth day of June in the year of our Lord one thousand seven hundred and sixty three did demise set and to ffarm lett unto the said James Dicker All that the said Land called Willersey Warren and all LibertiesCommodities and Profits thereunto belonging or appertaining To hold unto the said James Dicker his Heirs and Assigns from the making thereof for and during the natural Lives of him the said James Dicker the said William Dicker the Son and

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James Dicker Budd Nephew to the said James Dicker and the Life of the longest Liver of them At and under the yearly Rents Covenants Conditions and Agreements therein mentioned and contained And whereas by Indentures of Lease of Release bearing date respectively the twenty third and twenty fourth days of June in the year of our Lord one thousand seven hundred and sixty five and made between William Thomas of the Parish of Saint Michael near the City of Winchester aforesaid Apothecary Son and Heir of the said William Thomas Gentleman deceased and the said Benjamin Neville of the first part the said James Dicker Party hereto of the second part and the said Henry Bradley of the third part reciting as hereinbefore is recited and further reciting that that the said Elizabeth Thomas was then departed this Life having first made and published her last Will and Testament in Writing and thereof appointed the said William Thomas and Benjamin Neville Executors And also that there was then due and owing to the said William Thomas and Benjamin Neville as Executors as aforesaid on the said recited Security the said principal Sum of two thousand pounds only all Interest for the same having been paid to the day of the date thereof and also that the said William Thomas and Benjamin Neville having Occasion for the said Sum of two thousand pounds the said Henry Bradley at the Request of the said James Dicker had agreed to advance and lend the same on the security of the said Premises It is then witnessed that in Consideration of the Sum of two thousand pounds of lawful Money of Great Britain to the said William Thomas and Benjamin Neville or one of them paid by the said Henry Bradley at the Request and by the direction and Appointment of the said James Dicker testified as therein is mentioned in full payment and discharge of all principal Money and Interest then due and owing to the said William Thomas and Benjamin Neville on the said recited Securities and also in Consideration of the Sum of five shillings of like lawful Money to the said James Dicker in hand likewise paid By the said Henry Bradley They the said William Thomas and Benjamin Neville and each of them at the Request and by the Direction and Appointment of the said James Dicker testified as aforesaid did bargain sell assign release and set over and the said James Dicker did grant bargain sell assign release ratify and confim unto the said Henry Bradley All that the said Land called Willersley Warren and all Liberties profits and Commodities thereunto belonging or appertaining and all and singular other the Premises in and by the said several recited Indentures of Lease and Release conveyed and assigned to the said William Thomas deceased as aforesaid and in and by the said last renewed recited Indenture of Lease granted with their and every of their Appurtenances and also all the Estate Rights Title Interest Use Trust Property Claim and demand whatsoever of them the said William Thomas Benjamin Neville and James Dicker and each and every of them of in to and out of the same premises and every part and and parcel thereof by fforce and Virtue of the said several recited Indentures and Wills or any or either of them or otherwise howsoever together with the same Indentures To hold unto the said Henry Bradley his Heirs and Assigns for by and during the natural Lives of the said James Dicker William Dicker and James Dicker Budd and the Life of the longest Liver of them At and under the yearly Rents Covenants Conditions and Agreements mentioned and contained in the last said recited Indenture of Lease and Subject to a proviso in the now reciting Indenture of Release contained for a Reconveyance of the said premises on payment by the said James Dicker his Heirs Executors Administrators or Assigns unto the said Henry Bradley his Executors Administrators or Assigns of the full Sum of two thousand pounds of lawful Money of Great Britain with Interest as therein is mentioned on a certain day and Time in the said proviso mentioned and since past And whereas by a certain deed poll bearing even date with the said last recited Indenture of Release reciting the said last recited Indentures of Lease and Release It is witnessed and by the said Henry Bradley acknowledged signified and declared that the said Sum of two thousand pounds mentioned to be the Consideration Money of the said last recited Indenture of Release was not the proper Money of him the said Henry Bradley nor was the same or any part thereof paid by him to the said William Thomas and Benjamin Neville but that it was the proper Money of the said Benjamin Neville and was really and truly paid and advanced by him on the said recited Security and that the said Lands called Willersley Warren and all Liberties profits and Commodities thereto belonging were assigned and conveyed to him the said Henry Bradley And that his Name was made use of in the said recited Indentures of Lease and Release In Trust only for the said Benjamin Neville his Executors Administrators and Assigns and and to and for his and their own proper Use and Benefit And the said Henry Bradley did thereby covenant to convey and assign the said Land called Willersley Warren and all his Estate and Interest therein to the said Benjamin Neville his Executors Administrators and Assigns upon Request to him the said Henry Bradley made by the said Benjamin Neville for that purpose And whereas the said principal Sum of two thousand pounds or any part thereof was not paid to the said Henry Bradley or Benjamin Neville on the day and Time in the said last recited proviso for that purpose mentioned by Means whereof the Estate and Interest of him the said Henry Bradley of and in the said mortgaged premises Becoming absolute at the Common Law And whereas the said William Dicker the younger is lately deceased whereby a Life is ?????? in the said County of Southampton ???????????????

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Gap in photos

Liberties Profits and Commodities thereto belonging now assigned and conveyed unto him the said Henry Bradely And that his Name was made use of in the said recited Indentures of Lease and Release In Trust only for the said Benjamin Neville his Executors Administrators and Assigns and to and for his and their own proper Use and Benefit And the said Henry Bradley did thereby covenant to convey and assign the said Land called Willersley Warren and all his Estate and Interest therein to the said Benjamin Neville his Executors Administrators and Assigns upon Request to him the said Henry Bradley made by the said Benjamin Neville for that purpose And whereas the said principal Sum of two thousand pounds or any part thereof was not paid to the said Henry Bradley or Benjamin Neville on the Day and Time in the said last recited proviso for that purpose mentioned by Means whereof the Estate and Interest of him the said Henry Bradley of and in the said mortgaged Premises became absolute at the common Law And whereas the said William Dicker the younger is lately deceased whereby a Life is become vacant in the said last recited Indenture of Lease upon which the said Henry Bradley did surrender the said old Lease into the Hands of John Lord Bishop of Winchester in order that the same might be renewed and a new Life added in the Room and Stead of the said William Dicker lately deceased and accordingly he the said Lord Bishop by Indenture of Lease bearing Date the fourth day of December Instant for the Considerations therein mentioned did demise set and to ffarm lett unto the said James Dicker all that his Land called Willersley Warren formerly a Warren of Conies nigh Overton in the said County of Southampton and all Liberties Commodities and Profits to the said Premises belonging or appertaining To hold to the said James Dicker his Heirs and Assigns from the making thereof for and during the natural Lives of the said James Dicker aged about fifty eight years the said James Dicker Budd aged about twenty four years and William Leigh of Bridgestock in the County of Northampton Son of George Leigh late of Stockbridge in the County of Southampton Innholder deceased aged about Thirteen Years and the Life of the longest Liver of them At and under the Rents Covenants Conditions and Agreements in the said Lease reserved contained and mentioned And in and by the said several recited Indentures Deed Poll and Wills Relation being to them respectively as doth more fully and at large appear And whereas the said principal Sum of two thousand pounds only now remains due and owing on the said recited Securities all Interest for the same having been paid to the Day of the Date hereof Now this Indenture witnesseth that for and in Consideration of the Sum of two thousand pounds of lawful Money of Great Britain so due and owing to the said Henry Bradley In Trust for the said Benjamin Neville as aforesaid and for the better assuring the Repayment threof with Interest as hereinafter mentioned and also in Consideration of the Sum of five Shillings apiece of lawful Money to the said Henry Bradley and James Dicker in Hand paid by the said Benjamin Neville at or before the Sealing and Delivery of these presents the payment and Receipt whereof is hereby acknowledged he the said Henry Bradley at the Request of the said Benjamin Neville and by and with the Consent Direction and Appointment of the said James Dicker testified by their being made Parties to and signing and sealing of these Presents hath bargained sold released assigned transferred set over And the said James Dicker hath granted bargained sold assigned released ratified and confirmed And the said Henry Bradley by these presents doth bargain sell release assign transfer and set over And the said James Dicker doth grant

Page 4

Bargain sell assign release ratify and confirm unto the said Benjamin Neville in his actual Possession now being by Virtue of a Bargain and Sale to him thereof made by the said Henry Bradley and James Dicker for one whole Year by Indenture bearing date the day next before the Day of the Date of these presents and by fforce of the Statute for transferring Uses into Possession and his Heirs and Assigns All that the said Land called Willersley Warren formerly a Warren of Conies nigh Overton in the County of Southampton aforesaid and all Liberties Commodities and Profits thereto belonging together with all and singular other the premises in and by the said last recited Indentures of Lease and Release reconveyed to the said Henry Bradley and by the said last recited Indenture of Lease demised to the said James Dicker his Heirs and Assigns together with the said Indentures and also all the Estate Right Title Interest Equity and Benefit of Redemption Claim and Demand whatsoever both at Law and in Equity of them the said Henry Bradley and James Dicker and each of them of in to and out of the said premises or any part or parcel thereof To have and to hold the the said Land called Willersley Warren and all and singular other the premises herein before mentioned and intended to be hereby assigned granted and released with their Appurtenances unto the said Benjamin Neville his Heirs and Assigns for and during the natural Lives of the said James Dicker James Dicker Budd and William Leigh and the Life of the longest Liver of them freed and absolutely discharged of and from the last mentioned proviso for Redemption of the premises but Subject to the proviso or Agreement for Redemption of the same next hereinafter mentioned that is to say Provided always and these presents are upon this Condition nevertheless that if the said James Dicker his Heirs Executors Administrators or Assigns shall or do well and truly pay or cause to be paid unto the said Benjamin Neville his Executors Administrators or Assigns the full Sum of two thousand pounds of lawful Money of Great Britain with Interest for the same after the Rate of four pounds for one hundred for one year on or before the twenty fifth day of June next ensuing the Date hereof without any Deduction Defalcation or Abatement out of the same for Taxes or on any other Account whatsoever Then and from thenceforth and at any Time afterwards he the said Benjamin Nevillehis Heirs Executors Administrators or Assigns shall and will deliver up this present Indenture and the Indentures of Lease and Mortgage before recited to be cancelled and made void or otherwise at the request Costs and Charges in the Law of the said James Dicker his Heirs or Assigns reassign release and convey back unto him the said James Dicker his heirs and Assigns the said Land called Willersley Warren and all and singular other the premises with their Appurtenances and all the Estate and Interest of him the said Benjamin Neville his Heirs Executors Administrators and Assigns therein free from all Incumbrances to be done or suffered by him or them in the mean Time And the said James Dicker for himself his Heirs Executors and Administrators doth covenant promise grant and agree to and with the said Benjamin Neville his Heirs Executors Administrators and Assigns by these presents in Manner following that is to say that he the said James Dicker his Heirs Executors and Administrators shall and will well and truly pay or cause to be paid unto the said Benjamin Neville his Executors Administrators or Assigns the full Sum of two thousand pounds of lawful Money of Great Britain with Interest for the same after the Rate of four pounds for one hundred for one year on the twenty fifth Day of June next ensuing the Date hereof without any Deduction Defalcation or Abatement out of the same according to the true Intent and Meaning of these presents And also that it shall and may be lawful to and for the said Benjamin Neville his Heirs and Assigns from Time to Time and at all Times after Default shall happen to be made in payment of the said Sum of two thousand pounds or the Interest thereof or any part thereof during the natural Lives of the said James Dicker James Dicker Budd and William Leigh and the Life of the longest Liver of them to enter into have hold use occupy possess and enjoy the said Land called Willersley Warren and all and singular other the premises herein before mentioned and intended to be hereby granted and demised with their Appurtenances and to receive and take the Rents Issues and Profits thereof and of every part thereof to and for his and their own proper Use and Uses without any lawful Lett Suit Trouble denial Eviction Ejection Disturbance Interruption Claim or demand whatsoever of or by the said James Dicker his Heirs or Assigns or of or by any other person or persons lawfully claiming or to claim By from or under him them or either of them or by from or under the said William Dicker the father deceased And that freed and discharged of and from all other Charges and Incumbrances whatsoever And further that in Case Default shall happen to be made in Performance of the Proviso or Condition last above mentioned then he the said James Dicker his Heirs Executors and Administrators and all and every other person and persons having or lawfully claiming any Estate or Interest in the Premises or any part thereof shall and will from Time to Time and at all Times after such default as aforesaid at the reasonable Request of the said Benjamin Neville his Heirs Executors Administrators or Assigns but at the proper Costs and Charges of the said James Dicker his heirs Assigns make do acknowledge suffer and execute all and every such further and other lawful and reasonable Act and Acts Thing or Things Assurance and Assurances in the Law whatsoever for the further better more perfect and absolute granting assigning assuring and confirming of all and singular the before mentioned premises with their Appurtenances unto the said Benjamin Neville his Heirs and Assigns for and during the natural Lives of the said James Dicker James Dicker Budd and William Leigh and the Life of the longest Liver of them by the said Benjamin Neville his Heirs Executors Administrators or Assigns or his or their Counsel learned in the Law shall be reasonably devised or advised and required And in Case any or either of the persons by whose Lives the premises are held shall happen to die that then he the said James Dicker his Heirs or Assigns shall and will at his and their own proper Cost and Charges renew the said Lease with the Lord Bishop of Winchester by adding one or more Life or Lives in the Room or place of the Life or Lives so dropping And if he the said James Dicker his heirs and Assigns shall omit or neglect to add such Life or Lives and the principal Money hereby secured or part thereof or any Interest for the same shall be then due and unpaid that then it shall and may be lawful to and for the said Benjamin Neville his Heirs Executors Administrators or Assigns to renew the same Lease and add one or more Life or Lives therein and out of the Rents Issues and Profits of the said Premises in the first Place to reimburse him and themselves all such Costs Charges and Expenses as he or they shall be at or put unto in Respect of the Renewal thereof And lastly it is covenanted concluded and agreed upon by and between the said Paries hereto that until Default shall be made in Performance of the proviso or Condition above written it shall and may be lawful to and for the said James Dicker his Heirs and Assigns to hold and enjoy the said Land called Willersley Warren and all and singular other the premises above mentioned with their Appurtenances and the rents Issues and Profits thereof to receive and take to his own Use and Benefit any Thing herein contained to the contrary thereof in any Wise notwithstanding In witness whereof the said parties to these presents have hereunto interchangeably Set their Hands and Seals the Day and Year first above written

The signatures and seals of the parties appear here.

The signature of Benjamin Neville

on the back:

Sealed and delivered (being first lawfully stampt) in the Presence of us by within named James Dicker
James Serle (signature)
Ra Wade (signature) Clerk to Mr Knott
Sealed and delivered by the within named Henry Bradley in the Presence of
Ra Wade(signature)
Sealed and delivered by the within named Benjamin Nevillein the Presence of
S.J.Smith(signature)
Ra Knott(signature)