Derek and Mary's Family Web Site

Indenture John Doswell 1778

Hampshire Archives and Local Studies reference number: W/F3/150/7.

By this indenture John Doswell Senior places a Shop and adjoining land in the Trust of John Doswell Junior for the benefit of John Doswell Senior's Son-in-Law, John Joules, and John Joules three children, John, Ann and Sarah, John Joules having married John Doswell Senior's daughter, Ann.

On the front:

Dated 23 Jany 1778

John Doswell Esq    }
           to } Assignment in Trust for Mr J Joules & his Children
Mr John Doswell Jnr }

This Indenture of three Parts made the second day of January in the Eighteenth 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 faith and soforth and in the year of our Lord one thousand seven hundred and seventy eight Between John Doswell of the City of Winchester in the County of Southampton Esquire of the first Part John Doswell the Younger of the Parish of Saint Bartholomew near the City of Winchester aforesaid Butcher of the second part and John Joules of the same City Linen Draper of the third part Whereas the said John Joules sometime since Married Ann Doswell daughter of the said John Doswell the Elder by whom he had three children called by the respective Names of John Ann and Sarah who are all Minors And whereas the said Ann the wife of the said John Joules is since departed this Life and the said John Doswell the Elder as a provision for his said Grandchildren and for other the considerations hereinafter mentioned hath agreed to convey and assign the Shop and Purprestures hereinafter mentioned to the said John Doswell the Younger upon the Trusts hereinafter declared And whereas John Wooll Esquire Mayor of the said City of Winchester John Bison and William Oram the Younger Bailiffs and the Commonalty of the same City by their Indenture of Lease and under their Common Seal bearing date on or about the Ninth Day of ffebruary in the year of our Lord one thousand one hundred and sixty four with their own assent and Consent did demise grant and to ffarm Lott unto Thomas Garway of Bursledon in the County of Southampton Gentleman All that their Shop called or known by the Name of Bull Hall with the Appurtenances situate lying and being in the High Street of the said City of Winchester near adjoining unto Saint Lawrence Church on the North part of the same Church containing in Length Eight ffeet and and in Breadth ffive ffeet and two Perches and also all their Purprestures by Posts and otherwise there being adjoining to the said Shop containing in breadth two feet and an half at the West End and one ffoot and an half at the East End and in Length Sixteen feet and an half which premises were then legally vested in the said Thomas Garway by Virtue of the Will of William Garway late of the City of Winchester aforesaid Gentleman said Thomas Garway his Executors and Assigns from the feast of the Annunciation of the blessed Virgin Mary there last past for fforty years under and subject to the Covenants therein reserved and contained And whereas by Indenture of Assignment bearing date on or about the third day of December in the year of our Lord one hundred and Sixty Eight and made or mentioned to be made between the said Thomas Garway of this one part and Davey Sparshott of the City of Winchester aforesaid Gentleman of the other part reciting the said Indenture of Lease He the said Thomas Garway in Consideration of five pounds to him paid by the said Davey Sparshott Did grant bargain sell assign transfer and set over unto the said Davey Sparshott the said recited Indenture of Lease and the Shop and Purprestures thereby demised and granted and all the Estate Right Title Interest Term of years then to come and unexpired benefit advantage Claim and demand whatsoever both in Law and Equity of him the said Thomas Garway of in and to the same premises with the appurtnenances and every or any part or parcel thereof To hold to the said Davey Sparshott his Executors Administrators and Assigns from the Day of the date thereof for and during all the rest residue and Remainder then to come and unexpired of the said Term of fforty years by the said Indenture of Lease granted under and Subject to the Rents and Covenants therein reserved and contained And whereas by one other Indenture of Assignment bearing date on or about the first Day of December in the year of our Lord one thousand seven hundred and seventy two and made or mentioned to be made between the said Davey Sparshott of the one part and the said John Doswell the Elder of the other part reciting the said Indenture of Lease and the Assignment thereof It is then witnessed that the said Davey Sparshott for the Consideration therein mentioned Did bargain sell assign transfer and set over unto the said John Doswell the Elder All that the said Shop and also the said Preprestures by posts and all and singular other the Premises in and by the said recited Indenture of Lease and Indenture of Assignment demised and assigned as aforesaid and also all the Estate Right Title Interest Term of years then to come and unexpired property possession benefit advantage Claim and Demand whatsoever both at Law and in Equity of him the said Davey Sparshott of in and to the same Premises with the appurtenances and every or any part or parcel thereof together with the said several recited Indentures To hold unto the said John Doswell the Elder his Executors Administrators and Assigns from the day of the date thereof for and during all the rest residue and remainder of the said Term of fforty years in and by the said Indenture of Lease granted then to come and unexpired as in and by the said Indenture of Lease and the said several Indentures of Assignment thereof Relation being thereunto respectively had both more fully and at large appear Now this Indenture witnesseth that in pursuance of the said recited agreement and in performance and execution of the same and for a provision for the said John Joules Ann Joules and Sarah Joules the Minors and in Consideration of the natural Love and Affection which the said John Doswell the Elder hath and beareth for and towards his said Grandchildren and also for and in Consideration of the Annuity or yearly payment of Sixteen Pounds covenants to be paid by the said John Joules to the said John Doswell the Elder during the Term of his natural Life in and by an Indenture of Release bearing even date herewith and made between the said the said John Doswell the Elder of the first part the said John Doswell the Younger of the second part and the said John Joules of the third part and also in Consideration of five shillings of lawful Money of Great Britain by each of them the said John Doswell the Younger and John Joules in hand paid to the said John Doswell the Elder at or before the Sealing and delivery of these presents the the receipt whereof is hereby acknowledged He the said John Doswell the Elder hath bargained sold assigned transferred and set over and by these presents doth bargain sell assign transfer and set over unto the said John Doswell the younger All that the said Shop and also the said purprestures by posts and all and singular other the premises in and by the said Indenture of Lease and Indenture of Assignment demises and assigned as aforesaid and also all the Estate Right Title Interest Term of years now to come and unexpired Property Possession Benefit of renewal Claim and demand whatsoever both at Law and in Equity of him the said John Doswell the Elder of in and to the same premises with the appurtenances and and every or any part or parcel thereof together with the said several recited Indentures of Lease and Assignment To have and to hold the said Shop and purprestures and all and singular other the premises hereinbefore mentioned and intended to be hereby assigned with the Appurtenances unto the said John Doswell the younger his Executors Administrators and Assigns form the Day of the Date hereof for and during all the rest residue and remainder of the said Term of fforty years in and by the said Indenture of Lease granted now to come and unexpired Under and Subject to the Rents and Covenants therein reserved and contained and which from henceforth on the Tenants and Lessees Part and behalf shall grow due and are to be paid done and performed Upon Trust for and to permit and suffer the said John Joules party hereto and his assigns to receive and take the Rents Issues and Profits of the said Shop and purprestures and other the premises hereby assigned with the appurtenances for and during the Term of his natural Life to and for his and their own Use and benefit and from and after his decease In Trust for the said John Ann and Sarah Joules Children of the said John Joules party hereto their Executors Administrators and Assigns equally to be divided amongst them share and share alike as Tenants in Common and and not as joint Tenants and to assign and transfer the same to them or to such other person or persons Upon such Trusts and for such Intents and Purposes as they the said John Ann and Sarah Joules the Minors or their respective Executors or Administrators shall direct or appoint And the said John Doswell the Elder for himself his Executors and Administrators doth covenant promise and agree to and with the said John Joules his Executors Administrators and Assigns by these presents in manner following that is to say That the said Shop and purprestures and other the premises hereby assigned as aforesaid and shall or lawfully may from time to time and at all times hereafter remain continue and be and to and for the several Intents and purposes and upon the Trusts in and by these presents mentioned expressed and declared of and concerning the same as aforesaid and and shall and may be accordingly peaceably and quietly have held and enjoyed for and during all the rest residue and remainder of the said Term of forty years without lawfull Lett Suit Trouble Denial Ejection or Interruption of or by the said John Doswell the Elder his Executors Administrators or Assigns or of or by any other person or persons lawfully claiming or to claim from by or under or In Trust for him them or either of them And that free and clear and freely and clearly acquitted exonerated and discharged or otherwise by the said John Doswell the Elder his Executors and Administrators well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of former and other Gifts Grants Bargains and also Leases Mortgages Assignments fforfeitures Estates Titles Troubles Charges and Incumbrances whatsoever has made done committed or suffered by the said John Doswell the Elder or by any other person or persons lawfully claiming or to claim by from or under him And that the said John Doswell the Elder his Executors and Administrators and all and every other person or persons having or lawfully claiming or which shall or may have or lawfully claim any Estate Right Title Trust or Interest either in Law or Equity of into or out of the said Shop purprestures and premises or any part thereof from by or under or In Trust for him shall and will from time to time and at all times hereafter upon every reasonable request Costs and Charges of the said John Joules his Executors Administrators or assigns make do and execute or cause and procure to be made done and executed all and every such further and other lawful and reasonable act and acts thing and things assignments and Conveyances in the Law whatsoever for the further better more perfect and absolute assigning transferring and confirming the said Shop and purprestures and premises hereby assigned with their appurtenances unto and for the Intents and Purposes and upon such Trusts as are hereinbefore mentioned expressed and declared of and concerning the same and aforesaid as by the said John Joules his Executors Administrators or Assigns or his or their Counsel learned in the Law shall be reasonably seised or advised and required 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 two John Doswell signatures are shown below. By comparison with the signature in the 1772 Assignment and more particularly in the Indentures of 1783, the first signature is that of John Doswell the Elder.