Summary:  An indenture dated 13th October 1750 between James Walwyn, Edmund Thomas, William Nash, John Alcott and James Starling for transfer of three acres of arable land and premises between them for the sum of £58.

  This Indenture made the thirteenth day of October in the four and twentieth year of the reign of our Sovereign Lord George and Second by the grace of God of Great Britain, France and Ireland, King, Defender of the Faith, and in the year of our Lord one thousand seven hundred and fifty.

  Between James Walwyn of Longworth in the County of Hereford, esquire, of the first part; Edmund Thomas of the City of Hereford, Maltster(?), eldest son and heir of Catherine Thomas, late of the said City of Hereford Widowed, deceased, who was one of the three daughters and coheir of Thomas Berrington, late of Pixley in the County of Hereford, Esquire, deceased, of the second part; William Nash of the Parish of Bosbury in the said County of Hereford, Yeoman, and John Alcott of the same place, Yeoman, of the third part; and James Starling of the said Parish of Bosbury in the said County of Hereford, Miller, of the fourth part.

  WHEREAS the several pieces or parcels of meadow or pasture ground hereinafter mentioned to be hereby granted and released, together with diverse other messuages, lands, tenements and hereditaments in the said County of Hereford, heretofore the Estate of the said Thomas Barrington, by virtue of our Indenture of eleven parts bearing date on or about the sixteenth day of January in the year of our Lord one thousand seven hundred and thirty four, and made, or mentioned to be made, between the said Catherine Thomas and Edmund Thomas of the first part; Barrington King, Grocer, therein named of the second part; Thomas Lerois, James Taylor, Gentleman, John Smith, Gentleman and Thomas Smith, Esquire, therein respectively named, of the third part; Uvedale Price, Esquire, therein likewise named, of the fourth part; Richard Pule, Gentleman, therein also named, of the fifth part; William Gaskarth, Gentleman, therein also named, of the sixth part; William Winter, Gentleman, therein also named of the seventh part; Thomas Foley the younger, Esquire, and Richard Hopton, Esquire, therein respectively named, of the eighth part Edmund Thomas of Michaelchurch Escley, Esquire, and John Jauncey, Gentleman, therein respectively mentioned, of the ninth part; Timothy Geers, Esquire, therein also named of the tenth part; and Thomas Williams, Gentleman, therein also named, of the eleventh part.

  And of a common recovery suffered in pursuance thereof, and also by virtue of our Indenture Quadripartite bearing date on or about the second day of May in the year of our Lord one thousand, seven hundred and forty nine and made, or mentioned to be made, between the said Edmund Thomas party to those presents and Mary his wife of the first part; Katherine King, widow, therein named of the second part; Berrington King, Chirugeon, therein also name, of the third part; and William Jauncey, Gentleman and Robert Moxon, Gentleman, therein also respectively named, of the fourth part; and of the fine therein covenanted to be, and which hath been since, levied were and are now limited unto or to the use of or in trust for and are now absolutely and solely vested in the said Edmund Thomas, party hereto, his heirs and assigns, subject to the mortgage hereinafter mentioned.

  AND WHEREAS the said William Nash and John Alcott have contracted and agreed with the said Edmund Thomas, party to those presents, for the absolute purchase of the several pieces or parcels of meadow or pasture ground hereinafter mentioned to be hereby granted and released with the fee simple inheritance and equity of redemption thereof, for the sum of fifty eight pounds

  AND WHEREAS by virtue of our Indenture of assignment of four parts bearing date on or about the twentieth day of November in the year of our Lord one thousand seven hundred and thirty, and made between Charles [unclear] therein named of the first part; the most noble Henry Duke of Beaufort of the second part; the said Edmund Thomas party hereto of the third part; and the said James Walwyn of the fourth part. The said moiety or half part of and in the said land are pieces or parcels of meadow or pasture ground as agreed to be purchased and of and in diverse other messuages, lands, tenements and hereditaments, was granted and assigned unto and is now vested in the said James Walwyn, his ex[ecut]ors, adm[inistrat]ors and assigns, for the residue of two several terms of five hundred years and one thousand years in the said Indenture of assignment mentioned by way of mortgage, and as a security for the payments to him, his ex[ecut]ors, adm[inistrat]ors and assigns, by the said Edmund Thomas, party to those presents, his heirs, ex[ecut]ors, adm[inistrat]ors or assigns, of the sum of one thousand and six hundred pounds and the interest thereof.

  AND WHEREAS the said James Walwyn hath already had and received out of the money arising by the sale of part of the said mortgaged premises, a considerable part of the principal money so secured, to be paid him by his said mortgage, but the residue thereof with some arrears of interest for the same still remains due to him, and it hath been and is agreed that the said sum of fifty eight pounds, the purchase money so agreed to be paid by the said William Nash and John Alcott, shall be paid to and received by the said James Walwyn towards discharging the principal and interest money still remaining due to him by virtue of his said mortgage.

  NOW THIS INDENTURE WITNESSETH that as well, for, and in consideration of the sum of fifty eight pounds of good and lawful money of Great Britain to the said James Walwyn at or before the ensealing and delivery hereof, in hand well and truly paid by the said William Nash and John Alcott by the direction and appointment of the said Edmund Thomas, party to those presents, testified by his being made a party hereunto and joining in the execution hereof. The receipt of which said sum of fifty eight pounds being the full consideration money agreed to be paid for the absolute purchase of the several pieces or parcels of meadow or pasture ground hereinafter mentioned and described, he, the said James Walwyn, doth hereby acknowledge and thereof and of and from every part and parcel thereof doth release acquit and forever discharge the said William Nash and John Alcott, their heirs, ex[ecut]ors, adm[inistrat]ors and assigns, and every of them by those presents, as of the sum of five shillings of like lawful money to the said Edmund Thomas, party hereunto, at or before the ensealing and delivery hereof, in hand well and truly paid by the said William Nash and John Alcott, the receipt whereof is hereby acknowledged, he the said Edmund Thomas, party hereto, HATH granted, bargained, sold, aliened, released and confirmed, and by these presents DOTH grant, bargain, sell, alien, release and confirm unto the said William Nash and John Alcott (in their actual possession now being by virtue of a bargain and sale to than(?) thereof made for one whole year by Indenture bearing date the day next before the day of the date hereof, and by force of the statute for transferring of uses and possession) and to their heirs and assigns ALL that piece or parcel of meadow or pasture ground containing by estimation three quarters of an acre (be the same more or less) situate lying and being in Catley in the Parish of Bosbury and County of Hereford in a certain common meadow there called Catley Rye, having the highway leading from Frome’s Hill to Bosbury on the north, lands of Henry Huck on the east, lands now in the possession of Thomas Apperley on the west, and lands now in the possession of William Beard on the south part thereof.

  AND ALSO all that piece or parcel of meadow or pasture ground lying in Catley Rye aforesaid and containing by estimation one acre (be the same more or less) having an orchard called Ingley’s orchard on the east, a parcel of land called the Moors now in the possession of Thomas Hodges on the west, lands now in the possession of Thomas Apperley on the north and lands of Mr Robert Inett on the south part thereof.

  AND ALSO all that piece or parcel of meadow or pasture ground lying in Catley Rye aforesaid containing by estimation half an acre (be the same more or less) having an old water course there on the east, the said parcel of land called the Moors on the west, and lands in the possession of the said Thomas Apperley on the north and south parts thereof.

  AND ALSO all that piece or parcel of meadow or pasture ground lying in Catley Rye aforesaid and containing by estimation three quarters of an acre (be the same more or less) having the old water course on the south, lands in the possession of Jane Nelms on the north, lands in the possession of James Clarke on the west, and lands in the possession of the said Thomas Apperley on the east part thereof.

  WHICH SAID several pieces of meadow or pasture ground herein aforementioned to be hereby granted and released were late in the possession of one Thomas Babe, since of one Richard Mathews, and are now in the possession of one Josias[damaged] and also all ways, waters, watercourses, commons, tenements, profits, advantages, hereditaments and appurtenances whatsoever to the several pieces or parcels of meadow or pasture ground hereinbefore mentioned to be hereby granted and released belonging or in any wise appertaining or accepted, reputed, or taken for or as part or parts thereof, and the reversion and reversions, remainder and remainders, rents, issues and profits of the said premises and of every part thereof, and also all the estate, right, tithe, interest, claim and demand whatsoever, both at law and equity of him, the said Edmund Thomas, party to those presents, of, in or to the said pieces or parcels of land and premises hereinbefore mentioned to be hereby granted and released, and every part thereof, together with all deeds, evidences and writings whatsoever touching or concerning the said premises solely, and true copies of such deeds, evidences and writings as touch or concern the same, jointly with any other messuages, lands or hereditaments. Such copies to be written and transcribed at the costs and charges of the said William Nash and John Alcott, their heirs or assigns.

  TO HAVE AND TO HOLD the several pieces of meadow or pasture ground and all and singular other the premises hereby or meant, mentioned or intended to be hereby granted and released, and every part and parcel thereof with their and every of their appurtenances, unto the said William Nash and John Alcott, their heirs and assigns, TO thoroughly proper use and behoof of the said William Nash and John Alcott, their heirs and assigns, forever, and to and for none other use, interest or purpose whatsoever.

  AND the said Edmund Thomas, party hereunto, for himself, his heirs, ex[ecut]ors and adm[inistrat]ors, doth covenant, promise and grant to and with the said William Nash and John Alcott, their heirs and assigns, and to and with every of them by those presents in manner and form following (that is to say) that he, the said Edmund Thomas, party hereto, now is and standeth lawfully, rightfully and absolutely seized of and in the said several pieces or parcels of meadow or pasture ground, hereditaments and premises hereby or mentioned or intended to be hereby granted and released, and of and in every part and parcel thereof with their and every of their appurtenances, of a good, pure, absolute and indefeasible estate of inheritance in fee simple, and now hath in himself good, right, full power and lawful and absolute authority to grant, release and convey the same unto them, the said William Nash and John Alcott, their heirs and assigns, in manner and form aforesaid. AND ALSO that the said William Nash and John Alcott, their heirs and assigns, shall and lawfully may from time to time and at all times hereafter, peaceably and quietly enter into, have, hold and enjoy the said several pieces or parcels of meadow or pasture ground, hereditaments and premises hereby or meant, mentioned or intended to be hereby granted and released, and every part and parcel thereof with their and every of their appurtenances without any interruption or disturbance whatsoever by from or under the said Edmund Thomas, party to those presents, his heirs or assigns, or any other person or persons whomsoever.

  AND that free and clear and freely and clearly acquitted, exonerated and discharged of and from all and all manner of former and other tithes, troubles, charges, demands and encumbrances whatsoever, had made, committed, done occasioned or suffered, or to be and made, committed, done, occasioned or suffered by the said Edmund Thomas, party hereunto or any other person or persons whomsoever (the said several verified estates and terms of five hundred years and one thousand years only excepted).

  AND that the said Edmund Thomas, party hereunto, and his heirs and all and every other person and persons and his and their heirs lawfully having or claiming or to have or claim the said several pieces or parcels of meadow or pasture ground, was thereinbefore mentioned to be hereby granted and released, or any part thereof, or any estate, right, tithe, interest or demand, either at law or in equity of, in or to the same, or any part thereof, shall and will at any time or times hereafter at and upon the reasonable request and at the costs and charges in the law of the said William Nash and John Alcott, their heirs or assigns, make do and execute, or cause and procure to be made done and execute, all and every said further and other lawful and reasonable act and acts, thing and things, conveyance and assurance in the law whatsoever, for the further better and more perfect granting, assuring and conveying of all and singular the said premises hereby, or intended to be hereby, granted and released, and every part and parcel thereof with their and every of their appurtenances, unto the said William Nash and John Alcott, their heirs and assigns forever. Be it by fine or fines, recovery or recoveries or otherwise howsoever as by the said William Nash and John Alcott, their heirs or assigns or their or either of the Council learned in the law shall be reasonably devised or advised and required.

  AND it is hereby declared and agreed by and between all and every the said parties to these presents that all and every fine and fines, conveyances and assurances in the law whatsoever already or hereafter to be had, made, levied or executed by and before the said parties to these presents, or any of them alone or jointly with any other person or persons of these premises or any part thereof, alone or jointly with anything else, shall be and enure, also shall be construed, adjudged, deemed and taken and is and are hereby declared to be and enure [damaged]

  FOR AND CONCERNING this said several pieces or parcels of meadow or pasture ground, hereditaments and premises hereby or meant mentioned or intended to be hereby granted and released and every part and parcel thereof [damaged] of their appurtenances and for the only use and behoof of the said William Nash and John Alcott, their heirs and assigns for ever, and for none other use, interest or purpose whatsoever.

  AND THIS INDENTURE FURTHER WITNESSETH that for the considerations hereinbefore mentioned he, the said James Walwyn, hath released and discharged and be these presents DOTH release and discharge unto the said William Nash and John Alcott, their heirs and assigns, ALL and singular the said several pieces or parcels of meadow or pasture ground and premises hereinbefore mentioned to be hereby granted and released and of and from all claims and demands of him the said James Walwyn, or which he now hath or shall or may have or set up against the said premises, or to affect the same or any part thereof under or by virtue of this said mortgage or otherwise howsoever.

  AND THIS INDENTURE FURTHER WITNESSETH that the said James Walwyn as well for the considerations aforesaid of the sum of five shillings of Good and Lawful money of Great Britain to him at or before the ensealing and delivery hereof in hand well and truly paid by the said James Starling, the Receipt whereof is hereby acknowledged and set over, and by these presents DOTH bargain, sell, assign, transfer and set over unto the said James Starling, his ex[ecut]ors and adm[inistrat]ors and assigns (by the Nomination and appointment of the said William Nash and John Alcott) ALL that these Moiety, part or share of and in the said several pieces or parcels of land and premises hereinbefore mentioned to be hereby granted and released which, amongst others, now in and by the said Indenture of Assignment Quadripartite of the twentieth day of November, one thousand seven hundred and thirty, granted and assigned, or mentioned to be granted and assigned, unto the said James Walwyn, his ex[ecut]ors, adm[inistrat]ors and assign as aforesaid, and of and in every part and parcel thereof with their and every of their appurtenances, and also all the estate right, tithe, interest term of years yet to come and unexpired, claim and demand whatsoever, both at law and in equity of him, the said James Walwyn, of in or to the same and every part thereof TO HAVE AND TO HOLD the said Moiety, part or share and all and singular other the premises hereinbefore mentioned to be hereby assigned and every part and parcel thereof with their and every of their appurtenances, unto the said James Starling his ex[ecut]ors, adm[inistrat]ors and assigns from henceforth for and during all the rest and residue of the said several estates and terms of five hundred years and one thousand years above mentioned, which are thereof respectively yet to come end unexpired, IN TRUST nevertheless for the said William Nash and John Alcott, their heirs and assigns, and to the intent and purpose that the said several and respective Estates and Terms of five hundred years and one thousand years hereby assigned shall and may attend and wait upon the freehold and inhabitants of the said premises so as aforesaid granted and released unto the said William Nash and John Alcott, their heirs and assigns, to protect and defend the same from all subsequent encumbrances, if any be.

  AND the said James Walwyn for himself, his heirs, ex[ecut]ors and adm[inistrat]ors, doth hereby covenant, promise and agree to and with the said William Nash and John Alcott, their heirs and assigns and every of them, that be the said James Walwyn hath not at any time heretofore acted, committed, suffered or done any act, matter or thing whatsoever whereby or wherewith or by means or reason whereof the said premises hereby assigned or any part thereof now are, or is, or shall, or may be impeached or encumbered in tithe, charge, estate, or otherwise howsoever.

  AND LASTLY the said William Nash and John Alcott do hereby severally signify and declare that the said sum of fifty eight pounds consideration money hereinbefore mentioned is part of the parish stock of Bosbury aforesaid, and that the several parcels of land and premises are so as aforesaid granted and conveyed to them and their heirs IN TRUST only to and for such uses intents and purposes as shall from time to time at the parish or vestry meetings of the inhabitants, parishioners of the said parish of Bosbury for the time being be these of Limited and declared, and to and for none other use, intent or purpose whatsoever.

  IN WITNESS whereof the said parties to these presents have hereunto interchangeably set their hands and seals for the day and year first above written.

  James Walwyn   Edmund Thomas   William Nash   John Alcott

Sealed and delivered by the within-hand
James Wallwyn and Edmund Thomas in the presence of
signed William Perkins
signed Arnold Russell

Sealed and delivered by the within-hand
William Nash and John Alcott in the presence of
signed Edward Jones
signed Benjamin Chadd

Received the day and year first within-written of and from the within-named
William Nash and John Alcott the sum of fifty eight pounds being the full
consideration money within mentioned £58
signed J. Walwyn
Witness
signed William Perkins
signed Arnold Russell

Transcribed by the late Edward and Linda Sinker,
checked by the Bosbury Chroniclers.
Thanks to Robert & Helen Lane at Old Court Farm, Bosbury,
who hold the original document, 2015