Six Hundred Years?

[derekseanbrown]

Hello

I have recently partially transcribed an old Indenture of 1763 in which an amount of £550 is written about in relation to some property and land (not sure if it is a sale or rent?) but it also mentions for six hundred years? ...Can anyone guide me as to the meanings? I can write more details.

thank you
Sean Brown

[Westmoreland]

Hi
It sounds as if its a lease that has been bought, these can be for any number of years the most common are 999 years or just 99 years  is there any word on a yearly rent being payed ?

regards
Westmorland

[derekseanbrown]

This is what part of the Indenture says ( best transcription)

TO HAVE AND TO HOLD THE SAID MESSUAGES OR TENEMENTS FARMS AND LANDS AND PREMISES HEREIN BEFORE MENTIONED TO BE GRANTED WITH THEIR APPURTANENCES UNTO THE SAID SARAH SWIFT HER EXECUTORS ADMINISTRATIORS AND ASSIGNS FROM HEREFORTH FOR AND ?  FOR??? AND TERM OF SIX HUNDRED YEARS NEXT ENSUING AND FULLY TO BE COMPLEAT AND ENDED WITHOUT IMPEACHMENT?? OF WANT?
YEILDING AND PAYING THEREFORE YEARLY AND EVERY YEAR OWING? THE SAID TERM UNTO THE SAID MARY HOPTON AND RICHARD COPE HOPTON THEIR AND ASSIGNS THE RENT OF ONE PEPPERCORN ON THE FEAST OF SAINT MICHAEL THE ARCHANGEL (IF DEMENDED)

Does that help make sense?
Thank you
Sean Brown

[Billyblue]

Wow!
That's some peppercorn rent!

    

Dawn M

[josey]

TO HAVE AND TO HOLD THE SAID MESSUAGES OR TENEMENTS FARMS AND LANDS AND PREMISES HEREIN BEFORE MENTIONED TO BE GRANTED WITH THEIR APPURTANENCES UNTO THE SAID SARAH SWIFT HER EXECUTORS ADMINISTRATIORS AND ASSIGNS FROM HEREFORTH FOR AND ?  FOR??? AND TERM OF SIX HUNDRED YEARS NEXT ENSUING AND FULLY TO BE COMPLEAT AND ENDED WITHOUT IMPEACHMENT?? OF WANT?
YEILDING AND PAYING THEREFORE YEARLY AND EVERY YEAR OWING? THE SAID TERM UNTO THE SAID MARY HOPTON AND RICHARD COPE HOPTON THEIR AND ASSIGNS THE RENT OF ONE PEPPERCORN ON THE FEAST OF SAINT MICHAEL THE ARCHANGEL (IF DEMENDED)

'Hereforth' is probably 'henceforth', 'owing' probably 'following', 'of want' probably 'or want', after Richard Cope Hopton probably 'heirs and assign[ee]s', 'if demended' probably 'if demanded'. Can you post the rest for us to see?

I agree that most common leases are for 999 or 99 years; I have sometimes seen a new lease [re-lease] granted for the remaining years of an already existing lease. 

This is obviously one of the original 'peppercorn rents'!

Josey

ADDED: Snap Dawn 

[Bookbox]

Without sight of the original there has to be some guesswork, but these would be the standard phrases in this context ...

FROM HEREFORTH FOR AND ?  FOR??? AND TERM

from henceforth for and during (and unto) the said term ...

(600 years was not all that unusual in the 18th century)

WITHOUT IMPEACHMENT?? OF WANT?

without impeachment of waste

YEARLY AND EVERY YEAR OWING? THE SAID TERM

yearly and every year during the said term

For general guidance on deeds of this period, these pages are useful ...

http://www.nottingham.ac.uk/manuscriptsandspecialcollections/researchguidance/deedsindepth/introduction.aspx

[derekseanbrown]

Thank you all for your input.

cheers
Sean

[derekseanbrown]

With help from Rootschatters we have been able to transcribe about 98% of the said  indenture. Can I ask now if folks could read document ( I have had to post it in two halves because of size)and then explain to me in 'modern English' what it actually means. There are sections I do understand but are also there are a lot of sections where I don't really understand what is being offered and what the actual 'deal' is.
Thank you, Sean


THIS INDENTURE MADE THE 23 DAY OF JUNE ... 1763 IN THE THIRD YEAR OF THE REIGN OF OUR SOVEREIGN GEORGE THE THIRD BY THE GRACE OF GOD OF GREAT BRITAIN s?? FRANCE  AND IRELAND KING DEFENDER OF THE FAITH. BETWEEN MARY HOPTON OF PRECINCTS OF THE CATHEDRAL CHURCH OF WORCESTER, WIDOW, AND RICHARD COPE HOPTON OF THE SAME PLACE ESQUIRE (ONLY SON AND HEIR APPARENT OF THE SAID MARY BY EDWARD COPE HOPTON ESQUIRE HER LATE HUSBAND DECEASED) OF THE ONE PART AND SARAH SWIFT OF THE PARISH OF ST PETER IN THE CITY OF WORCESTER SPINSTER OF THE OTHER PART WITNESSETH THAT THE SAID MARY HOPTON AND RICHARD COPE HOPTON FOR AND IN CONSIDERATION OF THE SUM OF FIVE HUNDRED AND FIFTY POUNDS OF LAWFUL MONEY OF GREAT BRITAIN TO THEM IN  ? HAND PAID BY THE SAID SARAH SWIFT AT OR BEFORE THE SEALING HEREOF THE RECEIPT WHEREOF THEY DO HEREBY ACKNOWLEDGE AND THERE OF AND OF ??EXY?? EVERY PART THERE OF ACQUIT RELEASE AND DISCHARGE THE SAID SARAH SWIFT HER EXORS AND ASSIGNS AND FOR OTHER GOOD CAUSES ? HEREUNTO  ?? MOSSING? Amassing? HAVE AND    EACH OF THEM HAVE ?  HATH GRANTED ?? BARGAINED SOLD AND DO AND EACH OF  THEM DOTH DO HEREBY DEMISE GRANT AND BARGAIN AND SELL UNTO THE SAID SARAH SWIFT HER EXECUTORS ADMINISTRATORS AND ASSIGNS ALL THAT CURTALIDGE? MESSUAGE  TENEMENT AND FARM CALLED EARLS COURT AND ALSO THAT OTHER MESSUAGE CALLED OR KNOWN BY THE NAME OF PIDDLEHILL SITUATE LYING OUT AND BEING IN THE PARISH OF SAINT JOHNS IN BEDWARDINE IN THE COUNTY OF WORCESTER HERETOFORE IN THE HOLDING OF JOHN MILWARD AND AFTERWARDS OF E??  EDWARD ?? AND LATE OF RICHARD BITTERLEY DECEASED BUT NOW OF MARGARET BITTERLY HIS WIDOW AT THE YEARLY RENT OF ONE HUNDRED AND EIGHT POUNDS TEN SHILLINGS TOGETHER WITH ALL ?? HOUSES OUTHOUSES BARNS STABLES BUILDINGS GARDENS ORCHARDS HOPYARDS ?   [ can’t work this out yet] LANDS MEADOWS LEASOWS PASTURES WAYS WATERS WATERCOURSES COMM?? COMMONS PROFITTS ADVANTAGES AND APPURTAINANCES WHATSOEVER THE SAID MESSUAGES AND FARMS BELONGING OR IN ANY WISE APPERTAINING OR THEREWITH OCCUPIED USED AND ENJOYED OR ACCEPTED REPUTED OR TAKEN AS PART PARCEL OR MEMBER? THEREOF AND THE ?REVERSION AND REVERSION REMAINDER AND REMAINDER RENTS ?ISSUES AND PROFITS OF THE SAID PREMISES AND ALL THE ESTATE RIGHT TITLE AND INTEREST WE TRUST POSSESSION PROPERTY ?? AND DEMAND WHATSOEVER OF THEM THE SAID MARY HOPTON AND RICHARD COPE HOPTON OR EITHER OF THEM O FIN OR TO THE SAID PREMISES OR ANY  PART THERE OF AND ALL DEEDS WRITINGS AND EVIDENCES CONCERNING THE SAME NOW IN THEIR OR EITHER OF THEIR CUSTODY AND POWER
TO HAVE AND TO HOLD THE SAID MESSUAGES OR TENEMENTS FARMS AND LANDS AND PREMISES HEREIN BEFORE MENTIONED TO BE GRANTED WITH THEIR APPURTANENCES UNTO THE SAID SARAH SWIFT HER EXECUTORS ADMINISTRATORS AND ASSIGNS FROM HEREFORTH HENCEFORTH FOR AND ?  DURING FOR???  THE FULL END AND TERM OF SIX HUNDRED YEARS NEXT ENSUING AND FULLY TO BE COMPLEAT AND ENDED WITHOUT IMPEACHMENT?? OF WANT?
YEILDING AND PAYING THEREFORE YEARLY AND EVERY YEAR OWING?  DURING THE SAID TERM UNTO THE SAID MARY HOPTON AND RICHARD COPE HOPTON THEIR HEIRS AND ASSIGNS THE RENT OF ONE PEPPERCORN ON THE FEAST OF SAINT MICHAEL THE ARCHANGEL (IF DEMENDED DEMANDED)
PROVIDED ALWAYS AND UPON CONDITION THAT IF THE SAID MARY HOPTON AND RICHARD COPE HOPTON OR EITHER OF THEM  THEIR OR EITHER OF THEIR EXECUTORS OR ADMINISTRATORS DO AND SHALL TRULY PAY OR CAUSE TO BE PAID UNTO THE SAID SARAH SWIFT HER EXECUTORS ADMINISTRATORS AND ASSIGNS THE SAID SUM OF FIVE HUNDRED AND FIFTY POUNDS OF LAWFUL MONEY OF GREAT BRITAIN ON THE TWENTY FOURTH DAY OF DECEMBER NEXT ENSUING THE RATE DATE HEREOF WITH INTEREST FOR THE SAME AFTER THE RATE OF FOUR POUNDS PER CENT A YEAR WITHOUT ANY DEDUCTIONS OR ABATEMENTS WHATSOEVER THA THEN THIS INDENTURE AND EVERY THING HEREIN CONTAINED THAT RAISE?? ? SHALL REVISE DETERMINE AND BORROW SAID  BECOME VOID ANYTHING HEREIN TO THE CONTRARY NOTWITHSTANDING

[derekseanbrown]

part two ...............

AND THE SAID MARY HOPTON AND RICHARD COPE HOPTON FOR THE ? THEMSELVES THEIR DUTIES HEIRS EXECUTORS AND ADMINISTRATORS DO HEREBY ? COVENANT PROMISE AND AGREE TO AND WITH THE SAID SARAH SWIFT HER EXECUTORS ADMINISTARTORS AND ASSIGNS THAT THEY THE SAID MARY HOPTON AND RICHARD COPE HOPTON OR ONE OF THEIRS??? THEM OR ONE OF THEIR HEIRS EXECUTORS OR ADMINISTRATORS SHALL AND WILL TRULY PAY OR    CAUSE TO BE PAID UNTO THE SAID SARAH SWIFT HER EXECUTORS ADMINISTRATORS OR ASSIGNS THE SAID SUM OF SIX HUNDRED AND FIFTY POUNDS OF LAWFUL MONEY OF GREAT BRITAIN WITH INTEREST FOR THE SAME AS AFORESAID AT THE TIME AND IN THE MANNER IN THE PROVISO BEFORE MENTIONED l???  LIMITED FOR PAYMENT THEREOF AND THAT WITHOUT ANY DEDUCTION OR ABATEMENT WHATSOEVER
AND THAT THE SAID SARAH SWIFT HER EXECUTORS ADMINISTRATORS AND ASSIGNS IN CASE DEFAULT SHALL BE MADE IN PAYMENT OF THE SAID SUM OF SIX HUNDRED AND FIFTY POUNDS AND INTEREST OR ANY PART THEREOF AT THE TIME HEREINBEFORE LIMITTED FOR PAYMENT THEREOF SHALL AND MAY A FINES AT ALL TIMES THEREAFTER DURING ALL OF THE REMAINDER OF THE SAID TERM OF SIX HUNDRED YEARS THE??? TO ?  THEN TO COME AND UNEXPIRED LAWFULLY PEACEABLY AND QUIETLY HAS? LEASE HOLD AND ENJOY THE MESSAUGES FARMS AND PREMISES AFORESAID WITH THE APPURTANENCES AND ??/ NA DRENTS? TAKE THE RENTS AND PROFITS THEREOF TO HER OWN USE NOT ONLY WITHOUT THE  ?. ? SER FUIT OR INTERUPTION OF OR BY THE SAID MARY HOPTON AND RICHARD COPE HOPTON OR EITHER OF THEM THEIR OR EITHER OF THEIR ? HEIRS EXECUTORS OR ASSIGNS OR OF OR BY ANY OTHER PERSON OR PERSONS WHOSOEVER LAWFULLY ? CLAIMING THE SAID PREMISES OR ANY PART THEREOF BY FROM OR UNDER THEM OR TITHES EITHER OF THEM BUT ALSO FREED AND DISMA? DISCHARGED OF ALL INNCUMBANCES WHATSOEVER (ONE? INDENTURE OF ? LEASE GRANTED OF ALL THE SAID ? PREMISES BY THE SAID EDWARD COPE HOPTON DECEASED TO RICHARD BITTERLY FOR TWENTY ONE YEARS AT THE YEARLY RENT OF ONE HUNDRED AND EIGHT POUNDS TEN SHILLINGS AND WITH ?? COMMEN? LEASE COMMENCED FROM THE SECOND DAY OF FEBRUARY ONE THOUSAND SEVEN HUNDRED AND FORTY SIX ONLY EXCEPTED
AND FURTHERMORE THAT THEY THE SAID MARY HOPTON AND RICHARD COPE HOPTON AND THEIR A???RNR??  HEIRS AND ALL AND EVERY OTHER PERSON OR PERSONS LAWFULLY ???ING CLAIMING THE SAID PREMISES OR ANY PART THEREOF BY FROM OR UNDER THEM OR EITHER OF THEM SHALL AND WILL AT ANY TIME OR TIMES HEREAFTER FROM AND AFTER HEREWITH OF THE PROVISO IN THESE PRESENTS SHALL HAPPEN TO BE  ? MADE AT THE REQUEST OF THE SAID SARAH SWIFT  HER EXECUTORS OR ASSIGNS BUT AT THE COST OF THE SAID MARY HOPTON AND RICHARD COPE HOPTON THEIR EXECT??? EXECUTORS AND ASSIGNS MAKE DO AND EXTRACT OR RAISE CAUSE TO BE MADE DONE AND EXCISED EXECUTED ALL AND EVERY SUCH FURTHER AND OTHER LAWFUL AND REASONABLE ACT AND ACTS CONS?? CONVEYANCE AND ASSUR? ASSURANCE IN THE LAW NOT ONLY FOR THE FURTHER AND BETTER GRANTING AND ASSURING THE MESSUAGES FARMS AND PREMISES AFORESAID WITH THE APPURTANENCES UNTO THE SAID SARAH SWIFT HER EXECTS ADMINS AND ASSIGNS FOR THE REMAINDER OF THE SAID TERM OF SIX HUNDRED YEARS WHICH SHALL BE THE? TO R??? THEN TO COME AND UNEXPIRED ALSO FOR
?? and THE INHERITANCE? OF THE SAID PREMISES UNTO THE SAID SARAH SWIFT HERE HEIRS AND ASSIGNS FOR EVER OR? BY THE SAID SARAH SWIFT HER EXECUTORS ADMINISTRATORS OR ASSIGNS OR HER OR? THEIR COUNCIL? LEARNED IN LAW SHALL BE REASONABLY  ?? ADVISED OR REQUIRED.
LASTLY  IT IS HEREBY AGREED BETWEEN THE SAID PARTYS THAT UNTIL ? OF THE AFORESAID PROVISO THEN THE SAID MARY HOPTON AND RICHARD COPE HOPTON THEIR HEIRS AND ASSIGNS SHALL AND MAY HOLD AND ENJOY THE MESSAGUAGES FARMS AND PREMISES AFORESAID WITH THEIR APPURTANANCES AND  ?? AND TAKE THE AND PROFITS THEREOF TO THEIR OWN USE WITHOUT THE SET? SUIT? OR INTERRUPPION OF OR BY THE SAID SARAH SWIFT HER EXECUTORS ADMINISTRATORS AND ASSIGNS
IN WITNESS WHEREOF THE SAID PARTYS TO THESE INDENTURES ? HEREUNTO INTER??ANGEA?BLY PUT THEIR HANDS AND SEALS THE DAY AND YEAR FIRST ABOVE WRITTEN

MARY HOPTON     RICHARD COPE HOPTON