These deeds were transcribed by Maureen Spinks as part of a study of the History of the Mill. Maureen has provided a glossary of terms used in the deeds.
See also The Mill at Badsey, Notes on Thorp family who were owners of the Silk Mill and Mill Cottages: photos between 1945 and 1968.
- 28th August 1747. Mrs Ann Smith to Mr John Hughes. Demise for 1000 years of a Messuage Mill Land Premises at Badsey in the County of Worcester for security £100 and interest.
- 12th October 1753. Mr John Hughes by the direction of Mrs Ann Smith to Miss Bridget Laugher. Assignment of a Mortgage term of 1000 years of a Messuage Mills Land and Premises at Badsey for security £150 and interest.
- 10th November 1759. Mrs Ann Smith to Mr Joseph Smith. Release of a Messuage Mills Land and Premises at Badsey in the County of Worcester and Miss Bridget Laugher to Mr John Hughes. Assignment of a term of 1000 years therein In Trust for Mr Joseph Smith to attend the Inheritance.
- 10th March 1774. Mr Edward Wilson to Mr Joseph Smith. Release of a piece of Ground at Badsey called the Orchard.
- 2nd May 1818. Mr Anthony Smith to Mr John Thorp and his Trustee. Release being a Conveyance in fee of a Messuage Mill Land and Premises at Badsey County of Worcester with Assignment of a term of 1000 years to attend the Inheritance.
- 12th January 1819. Mr John Thorp to Mr Robert Lunn. Mortgage in fee of Badsey Mills in the County of Worcester for securing £1500 and interest at £5 per centum.
- 28th day of April 1851. Mr Robert Lunn to Mr Samuel Thorp. Reconveyance of Mills Messuage Lands and Hereditaments situate at Badsey in the county of Worcester.
- 3rd November 1863. Miss Eliza Thorp and Mr Frank Thorp. Messuage Buildings land and hereditaments at Badsey in the County of Worcester called Badsey Silk Mill. Lot 1 New Prance & Garrard Evesham.
- 25th January 1864. Miss Eliza Thorp and Mr Frank Thorp to Mr William Parker. Conveyance of a Mill Messuage Lands and Hereditaments at Badsey in the County of Worcester called Badsey Silk Mill.
Mrs Ann Smith to Mr John Hughes
Dated 28th August 1747
Demise for 1000 years of a Messuage Mill Land Premises at Badsey in the County of Worcester for security £100 and interest
This Indenture made the 28th day of August in the 21st year of the reign of our Sovereign Lord George II by the Grace of God of Great Britain France and Ireland being Defender of the Faith and so forth and in the year of our Lord 1747 between Ann Smith of Badsey in the County of Worcester Widow and Relict of Anthony Smith late of Badsey and Harvington in the County of Worcester Miller deceased of the one part and John Hughes of Evesham in the County of Worcester Gardener of the other part Witnesseth that the said Ann Smith for and in consideration of the sum of £100 of lawful money of Great Britain to her in hand paid by the said John Hughes the Receipt whereof she doth confess and hereby acknowledge she the said Ann Smith hath granted bargained and sold and by these presents doth grant bargain and sell unto the said John Hughes All that one Water Corn Mill being formerly called two Water Corn Mills with the Appurtenances together with the Messuage Tenement or Dwelling House therein so adjoining and belonging commonly called or known by the Name of Badsey Mills and all the Gears Stones Tools and Implements of in about and belonging to the same Mills and also all that piece or parcel of Garden Ground lying near unto the said Mills commonly called or known by the name of Swan’s Nest being encompassed about with the Mill Pond and also all those two pieces or parcels of Meadow Ground lying near or adjoining unto the said Mills commonly called or known by the name of the Naite containing by estimation two acres or thereabouts (be the same more or less) being encompassed about with the Brook abutting Northward upon the Mill Bridge and Southward upon the floodgates and also all that one other small piece or parcel of Ground now used for a Garden lying near or adjoining to the said Mills having the Orchard heretofore of Richard Badsey on the East and a certain Ground called the Stockey late in the possession of Clement Dingly Gentleman on the south side thereof All which said premises are situate in Badsey aforesaid and were formerly in the possession of Joseph Smith and late of the said Anthony Smith and now of Joseph Smith his son and also all Houses Outhouses Edifices Buildings Stables Gardens Orchards Courts Yards Woods Underwoods Trees Hedges Ditches Ways Paths and Passages Waters Watercourses Fishings Streams Ponds Pondheads Banks and Stanks Sluices Floodgates Floodshaws Commons Easements Profits Commodities and Advantages whatsoever to the said Water Corn Mill or Mills Messuage or Tenement belonging or appertaining with the Appurtenances and the Reversion and Reversions Remainder and Remainders thereof to have and to hold the said Messuage or Tenement and premises above mentioned and every part and parcel thereof with the Appurtenances unto the said John Hughes his Executors Administrators and Assigns for and during the Term of 1000 years next and immediately coming and following and fully to be compleat and ended yielding and paying therefore during the said Term one peppercorn in and upon the feast of Saint Michael the Archangel only if demanded provided always and upon condition that if the said Ann Smith her Heirs or Assigns so and shall well and truly pay or cause to be paid unto the said John Hughes his Executors Administrators or Assigns the full sum of £100 with interest for the same after the rate of £4 10s by the hundred by the year of good and lawful money of Great Britain in and upon the 28th day of February next ensuing and fully to be compleat and ended without any Deduction or Abatement for Taxes Assessments or any other Impositions whatsoever either ordinary or extraordinary that then and from thenceforth these presents and everything herein contained shall cease determine and be void anything herein contained to the contrary in any wise notwithstanding and the said Ann Smith for herself her Heirs and Assigns doth covenant and grant to and with the said John Hughes his Executors Administrators or Assigns or that the said Ann Smith her Heirs or Assigns shall and will well and truly pay or cause to be paid unto the said John Hughes his Executors Administrators and Assigns the said full sum of £100 with interest aforesaid of lawful money of Great Britain in and upon the said 28th day of February next ensuing and fully to be compleat and ended without any Deduction as aforesaid according to the true intent and incoming of these presents and also that he the said John Hughes his Executors Administrators and Assigns shall and may at all times after Default shall be made in performance of the Proviso or Condition herein contained peaceably and quietly enter into have hold convey possess and enjoy all and singular the said Messuage or Tenement Lands and Premises above mentioned and every part and parcel thereof with the Appurtenances for and during the Remainder of the said Tenure of 1000 years hereby granted which shall be then to come and unexpired without the Less Trouble Hindrance Molestation Interruption and Denial of her the said Ann Smith her Heirs and Assigns and of all and every other person and persons whatsoever And further that she the said Ann Smith and her Heirs and all and every other person and persons and her and their Heirs anything having or claiming in the said Messuage or Tenement and Premises above mentioned or any part thereof shall and will at any time or times after Default shall be made in performance of the Proviso or Condition herein contained make do and execute or cause or promise to be made done and executed all and every such further and aother lawful and reasonable Grants Acts and Assurances in the Laws which for the further better and more perfect granting and assuring of all and singular the said premises above mentioned with the Appurtenances unto the said John Hughes to hold to him his Executors Administrators and Assigns for and during all the Rest and Residue of the said Tenure of 1000 years above granted which shall be then to come and unexpired as by the said John Hughes his Executors Administrators and Assigns or his or their Counsel learned in the Laws shall be reasonably devised or advised and required and Lastly it is covenanted granted and agreed upon by and between the said parties to these presents and the true incoming hereof is and if is hereby so declared that until Default in performance of the proviso or condition herein contained she the said Ann Smith her Heirs and Assigns shall and may hold and enjoy all and singular the said Premises above mentioned and receive and take the Rents Issues and Profits thereof to her and their own proper use and benefit anything herein contained to the contrary thereof in any wise notwithstanding In Witness whereof the Parties to these Presents have hereunto interchangeably set their hands and seals the day and year first above written
The mark of Ann Smith
On Reverse
The day and year first within written received of the within named John Hughes within the mentioned sum of £100 being the consideration money within mentioned to be paid to me I say received
The mark of Ann Smith
Sealed and delivered (being first duly stamped) in the presence of:
G M Phillips
Jn Dove
Mr John Hughes by the direction of Mrs Ann Smith to Miss Bridget Laugher
12th October 1753
Assignment of a Mortgage term of 1000 years of a Messuage Mills Land and Premises at Badsey for security £150 and interest
This Indenture Tripartite made the 12th day of October in the 27th year of the Reign of our Sovereign Lord George II by the Grace of God and Great Britain France and Ireland King Defender of the Faith and in the year of our Lord 1753 Between Ann Smith of Badsey in the County of Worcester Widow Relict and Devisee of Anthony Smith late of Badsey aforesaid Miller of the first part John Hughes of Evesham in the said County of Worcester Gardener of the second part and Bridget Laugher of Evesham aforesaid Spinster of the third part Whereas in and by a certain Indenture of Seal and bearing date the 28th day of August in the year of our Lord 1747 made or mentioned to be made between the said Ann Smith by the Name of Ann Smith of Badsey in the said County of Worcester Widow and Relict of Anthony Smith then late of Badsey and Harvington in the said County of Worcester Miller deceased of the one part and the said John Hughes of the other part she the said Ann Smith for the Considerations therein mentioned did demise grant bargain and sell unto the said John Hughes All that one Water Corn Mill being formerly called two Water Corn Mills with the Appurtenances together with the Messuage Tenement or Dwelling House thereunto so adjoining and belonging commonly called or known by the Name of Badsey Mills and all the Gears Stones Tools and Implements of in about and belonging to the same Mills and also all that piece or parcel of Garden Ground lying near unto the said Mills commonly called or known by the name of Swan’s Nest being encompassed about with the Mill Pond and also all those two pieces or parcels of Meadow Ground lying near or adjoining unto the said Mills commonly called or known by the name of the Naite containing by estimation two acres or thereabouts (be the same more or less) being encompassed about with the Brook abutting Northward upon the Mill Bridge and Southward upon the floodgates and also all that one other small piece or parcel of Ground now used for a Garden lying near or adjoining to the said Mills having the Orchard heretofore of Richard Badsey on the East and a certain Ground called the Stockey then late in the possession of Clement Dingly Gentleman on the south side thereof All which said premises are situate in Badsey aforesaid and were formerly in the possession of Joseph Smith and late of the said Anthony Smith and then of Joseph Smith his son and now of the said Ann Smith and also all Houses Outhouses Edifices Buildings Stables Gardens Orchards Courts Yards Woods Underwoods Trees Hedges Ditches Ways Paths Passages Waters Watercourses Fishings Streams Ponds Pondheads Banks and Stanks Sluices Floodgates Floodshaws Commons Easements Profits Commodities and Advantages whatsoever to the said Water Corn Mill or Mills Messuage or Tenement belonging or appertaining with the Appurtenances and the Reversion and Reversions Remainder and Remainders thereof to hold unto the said John Hughes his Executors Administrators and Assigns for the Term of 1000 years next and fully to be compleat and ended at the rent of a peppercorn if demanded but subject to a proviso therein contained for Redemption on payment by the said Ann Smith unto the said John Hughes of the sum of £100 and interest on a certain day therein mentioned for payment thereof long since past as in and by the said recited Indenture whereunto Relation being had more at large may appear and whereas default was made in payment of the said sum of £100 at the time in the said Indenture named for payment thereof whereby the said term became absolute and whereas the said Ann Smith hath paid all Interest money to the said John Hughes for the said sum of £100 unto the day of the date of these presents so that there is now due and owing to the said John Hughes on the said recited Indenture the said principal sum of £100 and no more which said sum of £100 she the said Bridget Laugher hath at the request of the said Ann Smith not only agreed to pay to the said John Hughes and to take an Assignment of the Premises but hath also lent advances and paid unto the said Ann Smith the further sum of £50 making together the principal sum of £150 Now this Indenture witnesseth that for and in consideration of the said sum of £100 of good and lawful money of Great Britain to him the said John Hughes in hand paid by the said Bridget Laugher at or before the Sealing and Delivery of these presents (at the Special Instance and request and by the Direction and Appointment of the said Ann Smith testified by her being made party to and joining in the Execution hereof) the receipt whereof he the said John Hughes doth hereby acknowledge and also in consideration of the said further sum of £50 of like lawful money to her the said Ann Smith in hand also paid by the said Bridget Laugher at or before the Sealing and Delivery of these presents the receipt whereof she the said Ann Smith doth hereby acknowledge he the said John Hughes (at the like Instance and request and at the like Direction and Appointment of the said Ann Smith testified as aforesaid) hath assigned transferred and forever and by these presents doth assign transfer and set over and also the said Ann Smith for the considerations aforesaid hath granted bargained sold released ratified and confirmed and by these presents doth grant bargain sell release ratify and confirm unto the said Bridget Laugher All and singular the said Water Corn Mill or Mills Messuage or Tenement and all Gears Stones Tools and Implements to the said Mills belonging and also the said two pieces of Meadow ground and piece of Garden ground and all and singular other the premises herein before mentioned with their and every of the Rights Members and Appurtenances and all the Estate Right Title Interest Property Claim and Demand whatever as well of the said John Hughes as of the said Ann Smith of in and to the said premises and every or any part or parcel thereof with the appurtenances discharged of all provisos and Equity or Redemption together with the said herein before recited Indenture to have and to hold the said Mills Messuage Meadow Ground and all and singular other the premises herein before mentioned and intended to be hereby assigned with their and every of their appurtenances unto her the said Bridget Laugher her Executors Administrators and Assigns from henceforth for and during all the rest Residue and Remainder of the said recited Term of 1000 years therein yet to come and unexpired at and under the Rent aforesaid And the said John Hughes doth hereby for himself his Executors and Administrators Covenant to and with the said Bridget Laugher her Executors Administrators and Assigns that he the said John Hughes hath not comitted or done or suffered any act deed matter or thing whatsoever whereby or by Reason or Means whereof the said Term and Premises hereby assigned or any part thereof are may or can be charged impeached or incumbered Title Charge Estate or otherwise provided always and these presents are with and upon this condition and if is hereby declared and agreed by and between the parties unto these presents and it is their true Intent and meaning that if the said Ann Smith her Heirs Executors or Administrators or any or either of them do and shall pay and cause to be paid unto the said Bridget Laugher or her Executors Administrators or Assigns the full sum of £150 of good and lawful money of Great Britain together with interest for the same at and after the Rate of £4 by the hundred for the year on the 12th day of April next ensuing the date hereof without making any Deduction or abatement whatsoever out of the same for or by reason of any Act matter cause or thing whatsoever that then from and immediately after such payment made she the Bridget Laugher her Executors Administrators and Assigns shall and will at the costs of the said Ann Smith her Heirs or Assigns either surrender and yield up these presents together with the said recited Indenture unto her the said Ann Smith her Heirs and Assigns or of her Assign and transfer the then Residue and Remainder of the said Term unto such Person or Persons as she the said Ann Smith her Heirs or Assigns shall direct and appoint free and clear of and from all Incumbrances omitted or to be omitted or done by the said Bridget Laugher her Executors Administrators or Assigns And she the said Ann Smith doth by the presents for herself her Heirs Executors and Administrators and for every of them Covenant promise and agree to and with the said Bridget Laugher her Executors Administrators and Assigns and to and with every of them in manner and form following that is to say that the said Ann Smith her Heirs Executors or Administrators or some or one of them shall and will well and truly pay or cause to be paid unto the said Bridget Laugher her Executors Administrators or Assigns the said sum of £150 of good and lawful money of Great Britain together with Interest for the same at and after the rate of £4 by the hundred for the year on the 12th day of April next ensuing the date hereof according to the true intent and meaning of these presents and lastly it is hereby declared and agreed to be the true Intent and meaning of the said parties unto these presents that it shall and may be lawful to and for the said Ann Smith and her Assigns to hold and enjoy the premises hereinbefore mentioned until Breach shall be made in payment of the said sum of £150 and Interest contrary to the true Intent and meaning of these presents without any Let Suit or Interruption of the said Bridget Laugher her Executors Administrators or Assigns In Witness whereof the Parties first above named to these Present Indentures interchangeably have set their hands and seals the day and year first above written
The mark of Ann Smith
John Hughes
On Reverse
Sealed and delivered (being first duly stamped) in the presence of:
Tho Ashfield
Eliz Ashfield
Received by me the within named John Hughes of and from the within named Bridget Laugher the sum of £100 in full of the consideration money within mentioned to be paid by her to me I say received on the day of the date of the within written Indenture by me
John Hughes
Witness: Tho Ashfield
Eliz Ashfield
Received by me the within named Ann Smith of and from the within named Bridget Laugher the sum of £50 in full of the consideration money within mentioned to be paid by her to me I say received on the day of the date of the within written Indenture by me
Ann Smith her mark
Witness: Tho Ashfield
Eliz Ashfield
Received 21st October 1754 £6 on year’s interest
Bridget Laugher
Received 10th October 1755 on year’s interest £6 for Sister Laugher
Wm Letts
Received 21st October 1756 one year’s interest
Bridget Laugher
Mrs Ann Smith to Mr Joseph Smith
Dated 10th November 1759
Release of a Messuage Mills Land and Premises at Badsey in the County of Worcester
and
Miss Bridget Laugher to Mr John Hughes
Assignment of a term of 1000 years therein In Trust for Mr Joseph Smith to attend the Inheritance
This Indenture Quadrupartite made the 10th day of November in the 33rd year of the Reign of our Sovereign Lord George II by the Grace of God Great Britain France and Ireland King Defender of the Faith and in the year of our Lord 1759 Between Bridget Laugher of Evesham in the County of Worcester Spinster of the first part Ann Smith late of Badsey and now of Evesham in the said County of Worcester Widow of the second part Joseph Smith of Harvington in the said County of Worcester Miller of the third part and John Hughes of Evesham aforesaid in the said County of Worcester Gardener of the fourth part Whereas in and by a certain Indenture of Assignment Tripartite bearing date the 12th day of October in the 27th year of the reign of His present Majesty and in the year of our Lord 1753 and made or mentioned to be made between the said Ann Smith by the therein name of Ann Smith of Badsey in the County of Worcester Widow Relict and Devisee of Anthony Smith late of Badsey aforesaid Miller of the first part the said John Hughes of Evesham in the said County of Worcester Gardener of the second part and the said Bridget Laugher of the third part therein writing that by a certain Indenture of Lease bearing date the 28th day of August in the year of our Lord 1747 and made or mentioned to be made between the said Ann Smith of the one part and the said John Hughes of the other part she the said Ann Smith for the Considerations therein mentioned had demised and thereby did demise unto the said John Hughes All that one Water Corn Mill being formerly called two Water Corn Mills with the Appurtenances together with the Messuage Tenement or Dwelling House thereunto adjoining and belonging commonly called or known by the Name of Badsey Mills and all the Gears Stones Tools and Implements of in about and belonging to the same Mills and also all that piece or parcel of Garden Ground lying near unto the said Mills commonly called or known by the name of Swan’s Nest being encompassed about with the Mill Pond and also all those two pieces or parcels of Meadow Ground lying near or adjoining to the said Mills commonly called or known by the name of the Naite containing by estimation two acres or thereabouts be the same more or less being encompassed about with the Brook abutting Northward upon the Mill Bridge and Southward on the floodgates and also all that one other small piece or parcel of Ground then and now used for a Garden lying near or adjoining to the said Mills having the Orchard thentofore of Richard Badsey on the East and a certain Ground called the Stockey then late in the possession of Clement Dingley Gentleman on the south side thereof All which said premises are situate in Badsey aforesaid and were formerly in the possession of Joseph Smith and late of the said Anthony Smith and of the said Joseph Smith and then of the said Ann Smith and also all Houses Outhouses Edifices Buildings Stables Gardens Orchards Courts Yards Woods Underwoods Trees Hedges Ditches Ways Paths Passages Waters Watercourses Fishings Streams Ponds Pondheads Banks Stanks Sluices Floodgates Floodshaws Commons Easements Profits Commodities and Advantages whatsoever to the said Water Corn Mill or Mills Messuage or Tenement belonging or appertaining with the Appurtenances and the Reversion and Reversions Remainder and Remainders thereof to hold unto the said John Hughes his Executors Administrators and Assigns for the Term of 1000 years next ensuing and fully to be compleat and ended at the rent of a peppercorn if demanded but subject to Redemption on payment by the said Ann Smith unto the said John Hughes of the sum of £100 and interest on a certain day therein mentioned for payment thereof long since past and after further writing as therein is write It is witnesseth that in consideration of the sum of £100 therein mentioned to be to the said John Hughes in hand paid and accordingly paid by the said Bridget Laugher at the request and by the Direction of the said Ann Smith testified as therein is mentioned and also in consideration of the further sum of £50 therein mentioned to be to the said Ann Smith in hand paid and accordingly paid by the said Bridget Laugher he the said John Hughes had assigned transferred and set over and thereby did assign transfer and set over and the said Ann Smith had granted ratified and confirmed and thereby did grant ratify and confirm unto the said Bridget Laugher All and singular the said Water Corn Mill or Mills Messuage or Tenement all Gears Tools and Implements to the said Mills belonging and also the said two pieces of Meadow Ground and piece of Garden Ground and all and singular other the premises herein before mentioned with their and every of their Rights Members and Appurtenances and all the Estate Right Title Interest Claim and Demand whatsoever of them the said John Hughes and Ann Smith respectively of in and to the said premises to hold unto the said Bridget Laugher her Executors Administrators and Assigns from thenceforth for all the residue and remainder of the said term of 1000 years therein there to come and unexpired but subject to Redemption on payment by the said Ann Smith unto the said Bridget Laugher of the sum of £150 and Interest on a certain day therein mentioned for payment thereof since past as in and by the said recited Indenture whereunto relation being had more fully it doth and may appear and whereas Default was made in payment of the said sum of £150 and Interest on the Day in the same Indenture mentioned for payment thereof whereby the same became absolute and whereas the said Joseph Smith hath contracted with the said Ann Smith his mother for the absolute purchase of the fee simple of the said Water Corn Mill or Mills Messuage or Tenement and Premises for the considerations hereinafter mentioned that is to say in consideration that the said Joseph Smith shall and will pay off and discharge the said principal sum of £150 together with £6 for one year’s Interest now due and owing unto her the said Bridget Laugher upon the said recited Indenture of a Mortgage and also in further consideration that he the said Joseph Smith his Heirs Executors and Administrators shall and will yearly and every year during the natural life of the said Ann Smith pay unto the said Ann Smith annuity or yearly rent charge of £12 of good and lawful money of Great Britain at four quarterly payments and also in consideration that he the said Joseph Smith his Heirs Executors and Administrators or some or one of them shall and will within six months after the decease of the said Ann Smith pay unto the Executors or Administrators of her the said Ann Smith the further sum of £120 and in consideration of the aforesaid premises she the said Ann Smith hath agreed to convey the fee simple and Inheritance of the said Mills and premises to the said Joseph Smith his Heirs and Assigns for ever and hath also agreed that the remainder of the said term of 1000 years shall by the said Bridget Laugher be assigned to the said John Hughes his Executors Administrators and Assigns in trust for the said Joseph Smith his Heirs and Assigns in order to attend upon the freehold and Inheritance of the same premises Now this Indenture witnesseth that for and in consideration of the sum of 5 shillings of good and lawful money of Great Britain to her the said Ann Smith in hand paid by the said Joseph Smith at or before the Sealing and delivery of these presents the Receipt whereof is hereby acknowledged and of the sum of £156 of like lawful money also paid by the said Joseph Smith to the said Bridget Laugher in manner hereinafter mentioned and of the premises aforesaid and of the natural love and affection which she the said Ann Smith hath and beareth for and towards the said Joseph Smith her son and for several other good causes and considerations hereunto moving she the said Ann Smith hath granted bargained sold aliened released and confirmed and by these presents doth grant bargain sell alien release and confirm unto the said Joseph Smith (in his actual possession now being by virtue of a Bargain and Sale to him made by the said Ann Smith for one whole year by Indenture bearing date the day next before the day of the date of these presents and executed before the Execution hereof and by the force of the Statute made for transferring of uses into possession) his Heirs and Assigns All that the said Water Corn Mill being formerly called two Water Corn Mills with the Appurtenances together with the Messuage Tenements or Dwelling House thereunto adjoining and belonging commonly called Badsey Mills and all the Gears Stones Tools and Implements of in about and belonging to the same Mills and also all that piece of Garden Ground lying near unto the said Mills called Swan’s Nest being encompassed with the Mill Pond and also all those two pieces of Meadow Ground lying near to the said Mills and called the Naite containing by estimation two acres or thereabouts more or less being encompassed with the Brook and abutting Northward on the Mill Bridge and Southward on the floodgates and also all that one other small piece of Ground used as a Garden lying near or adjoining to the said Mills having an Orchard heretofore of Richard Badsey on the East and a piece of Ground called Stockey on the south All which premises are situate in Badsey aforesaid formerly in the possession of Anthony Smith and now of Benjamin Smith as Tenant thereof to the said Ann Smith together with all houses Outhouses Edifices Buildings Stables Gardens Orchards Courts Yards Woods Underwoods Trees Hedges Ditches Ways Paths Passages Waters Watercourses Fishings Streams Ponds Pondheads Banks Stanks Sluices Floodgates Floodshaws Commons Easements Profits Commodities and Advantages whatsoever to the said Mills and Premises belonging or appertaining and the Reversion and Reversions Remainder and Remainders Rents Issues and Profits thereof And all the State Right Title Interest Property Benefit Claim and Demand whatsoever of her the said Ann Smith of in and to the premises To have and to hold the said Water Corn Mills Messuage or Tenement Meadow ground and all and singular the premises hereinbefore mentioned and intended to be hereby granted and released with their appurtenances unto him the said Joseph Smith his Heirs and Assigns To the only proper use and behoof of the said Joseph Smith his Heirs and Assigns for ever And the said Ann Smith doth hereby for herself her Heirs and Assigns and for every of them covenant promise and agree to and with the said Joseph Smith his Heirs and Assigns and to and with every of them in manner following that is to say that she the said Ann Smith now hath in herself good Right full power and Authority to grant and release the said Corn Mills and premises hereby granted and released or intended so to be unto him the said Joseph Smith his Heirs and Assigns in manner aforesaid And also that the said Mills and premises with their appurtenances hereby granted and released or intended so to be shall and may from time to time and at all times for ever hereafter remain continue and be and be held used occupied and enjoyed by the said Joseph Smith his Heirs and Assigns without any Let Suit Trouble Interruption claim or demand whatsoever of or the said Ann Smith her Heirs or Assigns or of any other person or persons lawfully claiming or to claim the same or any parts thereof And that free and clear of and from all Incumbrances committed done or suffered or to be committed done or suffered by the said Ann Smith her Heirs or Assigns (the estate and term of 1000 years of and in the said hereby granted and released premises raised and created by the said Indenture of Mortgages of the said 28th day of August 1747 and hereinafter assigned to the said John Hughes his Executors Administrators and Assigns for the residue of the said term in trust for the said Joseph Smith his Heirs and Assigns to attend the Inheritance of the premises hereby granted and released excepted And this Indenture further witnesseth that for the considerations aforesaid and also for and in consideration of the sum of £156 of good and lawful money of Great Britain to her the said Bridget Laugher by the said Joseph Smith in hand paid at or before the sealing and delivery of these presents (by and with the consent direction and appointment of the said Ann Smith testified by her being made party to and joining in the execution hereof) the receipt whereof she the said Bridget Laugher doth hereby acknowledge and thereof release acquit and discharge the said Joseph Smith his Heirs Executors and Administrators she the said Bridget Laugher (by the like consent and appointment of the said Ann Smith testified as aforesaid) Hath assigned transferred and set over And by these presents doth (at the nomination of the said Joseph Smith testified by his being made party to and joining in the Execution hereof) assign transfer and set over unto the said John Hughes All and singular the said Water Corn Mill or Mills Messuage or Tenement Meadow Ground and all and singular the premises hereinbefore mentioned to be hereby granted and released to the said Joseph Smith his Heirs and Assigns in manner and form aforesaid with the appurtenances And all the Estate Right Title Interest Use Trust Property Benefit Claim and Demand whatsoever of her the said Bridget Laugher of in unto or out of the said hereby granted or mentioned or intended to be hereby granted and released premises with their appurtenances To have and to hold the said Mills Messuage or Tenement Meadow Ground and all and singular the hereditaments and premises hereinbefore mentioned and intended to be hereby assigned with the appurtenances unto him the said John Hughes his Executors Administrators and Assigns for and during all the rest residue and remainder of the said term of 1000 years therein yet to come and unexpired But in trust nevertheless to and for the said Joseph Smith his Heirs and Assigns to attend and wait upon the freehold and Inheritance of the premises hereby granted or intended to be hereby granted and released and to protect and defend the same from all mesne and subsequent Incumbrances And the said Bridget Laugher doth hereby for herself her Executors and Administrators Covenant promise and agree to and with the said Joseph Smith his Heirs and Assigns that she the said Bridget Laugher hath not committed done or knowingly suffered any Act Deed or Matter or Thing whatsoever whereby the said Term and premises hereby assigned or intended to be or either of them or any part thereof is are may or can be charged impeached or incumbered in Title Charge Estate or otherwise other than by her sealing and executing these presents In Witness whereof the parties to these presents interchangeably have hereunto set their hands and seals the day and year first above written
Bridget Laugher
Ann Smith her mark
Joseph Smith
John Hughes
Mr Edward Wilson to Mr Joseph Smith
10th March 1774
Release of a piece of Ground at Badsey called the Orchard
This Indenture made the 10th day of March in the 14th year of the Reign of our Sovereign Lord George III by the Grace of God and Great Britain France and Ireland King Defender of the Faith and so forth and in the year of our Lord 1774 Between Edward Wilson of Badsey in the County of Worcester Gentleman eldest son and heir of Edward Wilson late of the same place Yeoman deceased of the one part and Joseph Smith of Evesham in the said County of Worcester Miller of the other part Witnesseth that for and in consideration of the sum of £63 of lawful money of Great Britain to the said Edward Wilson in hand at or before the Sealing and delivery of these presents well and truly paid by the said Joseph Smith the Receipt whereof the said Edward Wilson doth hereby acknowledge and thereof and therefrom doth grant release and forever discharge the said Joseph Smith his Heirs Executors and Administrators and every of them by these presents he the said Edward Wilson hath granted bargained sold aliened released and confirmed and by these presents doth grant bargain sell alien release and confirm unto the said Joseph Smith in his actual possession now being by virtue or a Bargain and Sale to him thereof made in consideration of 5 shillings for the term of one whole year by Indenture bearing date the day next before the day of the date hereof and which year commenced from the day next before the day of the date of the said Indenture of Bargain and Sale and by force of the Statute made for transferring uses into possession and to his Heirs and Assigns All that piece or parcel of Ground in Badsey aforesaid called the Orchard belonging adjoining or lying near to a Messuage or tenement in Badsey aforesaid now used as two tenements or Dwelling Houses in one whereof Elizabeth Badsey did heretofore dwell and in the other one John Cotton Taylor heretofore dwelled containing by estimation half an acre or thereabouts be the same more or less having a close of ground heretofore of James Jarret Esquire called the Little Stockey on the south side the Barn and land heretofore of Mrs Alice Byrne Widow on the north side the Garden belonging to Badsey Mills on the West Side and the Barn and part of the Bankside heretofore of Mr Robert Hill Clerk vicar of Badsey aforesaid on part of the said Messuage on other part of the East side thereof as the same was formerly marked and set out at the East side and part of the North side thereof for one William Gibbs and also the cost of a small outhouse or building now standing upon the said hereby granted piece of ground over which the said piece or parcel of ground or part thereof there is a way or passage to and from the Mill called Badsey Mill towards the Street together with all Hedges Ditches Trees Mounds Fences Ways Waters Watercourses Commons Easements Privileges Profits Commodities Emoluments and Hereditaments whatsoever to the said piece or parcel of Ground belonging or in anywise appertaining or to or with the same or any part thereof used occupied or enjoyed or accepted reputed known or taken as or for part parcel or member thereof or appurtenant thereunto and the Reversion and Reversions Remainder and Remainders Rents Issues and Profits thereof and also all the Estate Right Title Interest Use Trust Property Possession Claim and Demand whatsoever both at Law and in Equity of him the said Edward Wilson of in to and out of the same and all Deeds Evidences and Writings in the custody or power of him the said Edward Wilson which do any ways concern or relate to the title of the said premises only or to the title of any part thereof only which he can obtain without Suit at Law or in Equity together with true and attested copies of all such other deeds and Evidences and Writings as do relate to or anyway concern the title to the said Premises or any part thereof jointly or together with other Lands Tenements or Hereditaments such copies to be made and delivered at the proper costs and charges of the said Edward Wilson his Heirs Executors or Administrators to have and to hold the said piece or parcel of ground hereditaments and all and singular other the premises hereinbefore mentioned and intended to be hereby granted and released with their and every of their Appurtenances unto the said Joseph Smith his Heirs and Assigns the only proper use and behoof of the said Joseph Smith his Heirs and Assigns for ever and to and for none other use intent or purpose whatsoever And the said Edward Wilson doth hereby for himself his Heirs Executors and Administrators and every of them covenant promise and grant to and with the said Joseph Smith his Heirs and Assigns in manner and form following that is to say that the said Edward Wilson now is and standeth lawfully rightfully and absolutely seized of or well and sufficiently entitled unto the said piece or parcel of ground Hereditaments and all and singular other the premises hereby granted and released or intended so to be of a good sure perfect lawful absolute and indefeasible Estate of Inheritance in fee simple without any Reversion Remainder Trust Limitation Power of Revocation use or uses or any other matter restraint or thing whatsoever to alter change charge revoke make void lessen or incumber the same and that the said Edward Wilson now hath in himself good right full power and lawful and absolute authority to grant and release the said piece or parcel of Ground Hereditaments and all and singular other the premises hereby granted and released or intended so to be with their and every of their Appurtenances unto the said Joseph Smith his Heirs and Assigns in manner and form aforesaid and according to the true intent and meaning of these presents And also that it shall and may be lawful to and for the said Joseph Smith his Heirs and Assigns from time to time and at all times hereafter peaceably and quietly to enter into have hold use occupy possess and enjoy the said piece or parcel of ground Hereditaments and all and singular other the premises hereby granted and released or intended so to be with their and every of their Appurtenances and the Rents Issues and Profits thereof and of every part thereof to have take and receive to his and their own use and Benefit without the Lawful Let Suit Trouble Danial Eviction Ejection Interruption Claim or Demand whatsoever of him the said Edward Wilson his Heirs or Assigns or of or by any other person or persons lawfully claiming or to claim any Estate Right Title Trust or Interest of into or out of the same premises or any part thereof by from under or in Trust for him the said Edward Wilson his Heirs or Assigns or the said Edward Wilson his father deceased any or either of them and that free and clear and freely and clearly acquitted exonerated and discharged or otherwise by the said Edward Wilson his Heirs Executors or Administrators or some or one of them well and sufficiently saved harmless and kept indemnified of from and against all and all manner of former and other Gifts grants bargains Sales Leases Mortgages Taintures Dowers Right and Title of Dower Uses Wills Entails Statutes Reconveyances Judgements Extents Executions Rents and arrears of Rent and of from and against all and singular other Estates Titles Troubles Charges and Incumbrances whatsoever had made committed done or suffered by the said Edward Wilson party hereto or by the said Edward Wilson his father deceased or to be had made committed done or suffered by the said Edward Wilson party hereto his Heirs or Assigns or by any person or persons whatsoever lawfully claiming or to claim by from under or in Trust for him than any or either of them or by from or under his their any or either of their Acts Means assent consent or procurement And lastly that he the said Edward Wilson his Heirs and Assigns 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 of in to or out of the said piece or parcel of Ground Hereditaments and premises herein before mentioned and intended to be hereby granted and released or any part thereof by from or under or in Trust for him them or any of them or by from under or in Trust for the said Edward Wilson deceased shall and will from time to time and at all times within the space of 10 years next ensuing the date of these presents upon every reasonable request and at the proper costs and charges in the Law of the said Joseph Smith his Heirs or Assigns make do acknowledge levy suffer and execute or cause or promise to be made done acknowledged levied suffered and executed all and every such further and other lawful and reasonable Act and Acts Thing and Things Devises Conveyances and Assurances in the Law whatsoever for the further better more perfect and absolute granting conveying and assuring of all and singular the said piece or parcel of Ground Hereditaments and premises hereby granted and released or intended so to be with their and every of the Appurtenances to the said Joseph Smith his Heirs and Assigns to the only proper use and behoof of the said Joseph Smith his Heirs and Assigns for ever as by the said Joseph Smith his Heirs and Assigns or his or their Counsel learned in the Law shall be reasonably devised advised or required so as such further assurance or assurances contain in them no further or other warranty or Covenants than against the person or persons who shall be required to make do or execute the same his her or their Heirs Executors or Administrators Acts and Deeds and so as the Party or Parties who shall be requested to make such further Assurance or Assurances be not compelled or compellable for making or doing thereof to go from his her or their Respective Dwelling or places of abode In Witness whereof the parties first above named to these present Indentures their Hands and Seals interchangeably have set the Day and year first above written
Signed: Edward Wilson
Mr Anthony Smith to Mr John Thorp and his Trustee
Dated 2nd May 1818
Release being a Conveyance in fee of a Messuage Mill Land and Premises at Badsey County of Worcester with
Assignment of a term of 1000 years to attend the Inheritance
This Indenture made the 2nd day of May in the 58th year of the Reign of our Sovereign Lord George III by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith and in the year of our Lord 1818 Between Anthony Smith of Badsey in the County of Worcester Miller one of the sons of Joseph Smith late of Harvington in the said County of Worcester Miller deceased and a devisee in fee of the Hereditaments thereinafter mentioned named in and by his last will and testament of the first part Elizabeth Hirons of Winchcombe in the County of Gloucester Widow Relict and only acting Executrix named and appointed in and by the last will and testament of Richard Hirons late of Winchcombe aforesaid Gentleman her late husband deceased of the second part John Mosley Gilbert Cheek of Evesham in the County of Worcester Gentleman of the third part John Thorp of the City of Coventry Silk-Manufacturer of the fourth part Joseph Wesney Lavender of Evesham aforesaid Gentleman of the fifth part and William Byrch of the same place Gentleman of the sixth part Whereas the said Joseph Smith deceased being in his life time seized in his demesne as of fee of and in the Messuage or Tenement Land Hereditaments and premises hereinafter particularly mentioned and described and intended to be hereby released and conveyed made and duly executed this last Will and Testament in writing as by law is required for devising and passing of real Estates bearing date the 3rd day of July 1788 and thereby devised the same Messuage Mill lands the Hereditaments Premises unto his son the said Anthony Smith by the description of All that his Corn Mills situate at Badsey in the said County of Worcester and or with the Dwellinghouse Outhouses and Hereditaments to the same belonging And also those two Grounds one Meadow Ground and Garden lying at or near the said Mills all which premises were then in the occupation of his brother Benjamin Smith to hold the same with the Appurtenances unto his said son Anthony Smith His Heirs and Assigns for ever subject to the payment of £60 to his daughter Sarah Noakes and of £10 to Frances Thorpe to whom he bequeathed the same legacies and the said testator appointed his sons John and William Smith joint Executors of his said will And whereas the said Joseph Smith departed this life in the month of December 1793 without having altered or revoked his said Will and whereas the said two several legacies of £60 and £10 given by the above recited will of the said Joseph Smith deceased to the said Sarah Noakes and Frances Thorpe have been paid and discharged And whereas the said John Thorp hath contracted and agreed with the said Anthony Smith for the absolute purchase of the fee simple and Inheritance free from Incumbrances of and in the said Mill Messuage Land and Premises hereinbefore mentioned and hereinafter particularly described and intended to be granted and released with the Machinery Apparatus and other Appurtenances in and about the said Mill at or for the price or sum of £1200 out of which said sum it is agreed that the principal sum of £400 being a charge or certain part and parcel of the said Hereditaments by way of Mortgage shall be paid off and discharged by the said John Thorp to the said Elizabeth Hirons the Mortgagee and the said Hereditaments discharged from such Mortgage Debt and the term of 2000 years created thereby surrendered in manner thereinafter mentioned Now this Indenture witnesseth that in pursuance and performance of the said recited agreement and for and in consideration of the sum of £800 of lawful money of Great Britain to the said Anthony Smith in hand well and truly paid by the said John Thorp at or upon the sealing and delivery of these presents the receipt whereof he the said Anthony Smith doth hereby acknowledge and thereof and therefrom and of and from the same sum and every part thereof doth acquit release and for ever discharge the said John Thorp his Heirs Executors and Administrators and each and every of them by these presents (which said sum of £800 paid by the said John Thorp to the said Anthony Smith as aforesaid together with the sum of £400 also by the said John Thorp paid to the said Elizabeth Hirons the Mortgagee of part of the Hereditaments intended to be hereby granted and conveyed as hereinafter is particularly mentioned make together the said purchase money or sum of £1200 and is in full for the absolute purchase of the aforesaid Messuage Mill Land and Premises He the said Anthony Smith hath granted bargained sold aliened released and confirmed and by these presents doth grant bargain sell alien release and confirm unto the said John Thorp in his actual possession now being by virtue of a bargain and sale to him thereof made by the said Anthony Smith in consideration of 5 shillings for one whole year by Indenture bearing date the day next before the day of the date of these presents and commencing from the day next before the day of the date of the same Indenture of Bargain and Sale and by force of the Statute made for transferring uses into possession and to his Heirs and Assigns All that one Water Corn Mill being formerly called two Water Corn Mills with the Appurtenances together with the Messuage Tenement or Dwelling House thereto adjoining and belonging and now used as a Grist Mill and commonly called or known by the Name of Badsey Mills and all the Gears Stones Tools and Implements belonging to the same Mills and also all that piece or parcel of Garden Ground lying near the said Mills commonly called or known by the name of Swan’s Nest being encompassed about with the Mill Pond and also all those two pieces or parcels of Meadow Ground lying near or adjoining unto the said Mills commonly called or known by the name of the Naite containing by estimation two acres or thereabouts (be the same more or less) being encompassed about with the Brook abutting Northward upon the Mill Bridge and Southward on the floodgates and also that one small piece or parcel of Ground used as a Garden lying near or adjoining to the said Mills having the Orchard formerly of Richard Badsey but now of the said Anthony Smith on the East and next thereinfafter described and a certain Ground called Stockey formerly in the possession of Clement Dingley but now or late of William Collett on the south side thereof And also all that other piece or parcel of Ground called the Orchard contained by estimation half an acre or thereabouts (be the same more or less) having a Close or Ground formerly of James Jarrett Esquire but now of [space – left blank] called the Little Stockey on the south side the Barn and Lands formerly of Mrs Alice Byrne Widow but now [space – left blank] on the north side and the last described piece of land or Garden on the west side (over which said last mentioned piece of ground or part thereof there is or formerly was a way or passage from the said Mill towards the Street and so back again) All which said Mill Messuage Land Hereditaments and premises are situate lying and being in Badsey in the County of Worcester and were lately occupied by the said Joseph Smith deceased and by him devised to the said Anthony Smith in manner aforesaid and are now in the occupation of the said Anthony Smith together with all Houses Outhouses Edifices Buildings Erections Machinery Apparatus and Utensils Barns Stables Courts Yards Banksides Ways Waters Watercourses Timber and other Trees Woods Underwoods and the Ground and Soil thereof Mill-Ponds Dams Wears Fishings Streams Ponds Floodgates Banks Stanks Hedges Ditches Walls Mounds Fences Commons Common or Pasture Rights Easements Privileges Profits Commodities Emoluments Advantages Hereditaments Rights Members and Appurtenances whatsoever to the said Mill Messuage or Tenement Land Hereditaments and Premises belonging or in any wise appertaining to or with the same or any part thereof usually held used occupied possessed or enjoyed or accepted reputed deemed taken or known as part parcel or member thereof or Appurtenant thereunto and the Reversion and Reversions Remainder and Remainders yearly and other Rents Types and Profits of all and singular the same premises And all the Estate Right Title Interest Use Trust Possession property benefit claim and demand whatsoever both at Law and in equity of him the said Anthony Smith of in to and out of the same Hereditaments and Premises and every part and parcel thereof to have and to hold the said Mill Messuage or Tenement Land Hereditaments and all and singular other the Premises above particularly mentioned and described and intended to be hereby conveyed released and assured with their and every of the Appurtenances unto the said John Thorp and his Heirs to such uses upon and for such trusts intents and purposes and with under and subject to such Powers Provisos Declarations and Agreements and charged and chargeable in such manner and form as the said John Thorp shall at any time or times and from time to time by and Deed or Deeds Instrument or Instruments in writing with or without power of revocation to be by him signed sealed and delivered in the presence of and attested by two or more witnesses direct limit or appoint the same or any part thereof and in the mean time and until and also in default of any such direction limitation or appointment and so far as the same if incompleat shall not extend to the use of the said John Thorp and his Assigns during his life without impeachment of waste and after the determination of that Estate by any means in his life time to the use of the said Joseph Wesney Lavender and his Heirs during the life of the said John Thorp in trust nevertheless for him the said John Thorp and his Assigns and from and after the determination of the Estate so hereby limited in use to the said Joseph Wesney Lavender and his Heirs as aforesaid to the only use of the said John Thorp his Heirs and Assigns for ever and to for and upon the other use trust and intent or purpose whatsoever And the said Anthony Smith doth hereby for himself His Heirs Executors and Administrators covenant grant and agree to and with the said John Thorp his Heirs and Assigns in manner and form following (that is to say) that (for and notwithstanding) any act deed matter or thing whatsoever by him the said Anthony Smith or by the said Joseph Smith deceased at any time or any time theretofore had made committed or executed or knowingly permitted or suffered to the contrary he the said Anthony Smith now is lawfully and absolutely seized of or well entitled unto the said Mill Messuage Land and Premises hereby granted and released or intended so to be with the Appurtenances of a good sure perfect absolute and indefeasible Estate of Inheritance in fee simple in possession without any manner of condition contingent proviso power of revocation or limitation of any use or uses or any other restraint cause matter or thing whatsoever to alter change charge revoke make void lessen incumber or determine the same (save as appears by these presents) And that (for and notwithstanding any such Act Deed Matter or thing as aforesaid) he the said Anthony Smith now at the time of the execution of these presents hath in himself good right due Title full power and lawful and absolute authority to grant release and confirm the said Mill Messuage Land Hereditaments and Premises hereby granted released conveyed and confirmed or intended so to be with the Appurtenances To and upon the uses and Trust and with the power hereinbefore declared and contained thereof for the sole benefit of the said John Thorp his Heirs and Assigns according to the true intent and meaning of these presents And further that it shall and may be lawful to and for the said John Thorp his Heirs Administrators and Assigns from time to time and at all times thereafter peaceably and quietly to enter into and upon and to have hold occupy possess and enjoy the said Mill Messuage Land Hereditaments and Premises hereby released conveyed and assured or intended so to be 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 use and benefit without any the lawful let suit trouble eviction claim or demand whatsoever of or by the said Anthony Smith or his Heirs or any other person or persons whomsoever lawfully or equitably claiming any Estate Right Title or Interest by from under or in trust for him or them or by from through under or in trust for the said Joseph Smith deceased or Ann Smith the mother of the said Joseph Smith deceased any or either of them And that free and clear and freely and clearly acquitted exonerated and discharged or otherwise by the said Anthony Smith his Heirs Executors or Administrators well and sufficiently saved defended and kept harmless and indemnified of from and against all for ever and to her Gifts Grants Bargains Sales Jointures Dowers Uses Trusts Entails Wills Statutes Judgments Executions Rents Sums of money Forfeitures Reentries Debts Legacies and all other Estates Title Troubles Charges and Incumbrances whatsoever had made executed done or suffered by him the said Anthony Smith or any person or persons whomsoever lawfully claiming or to claim by from under or in trust for him or by from under or in trust for the said Joseph Smith and Ann Smith or either of them And moreover that the said Anthony Smith and his Heirs And all and every other person and persons whomsoever having or lawfully claiming or who shall or may have or lawfully claim any Estate right tithe trust or Interest in to or out of the said Mill Messuage Land Hereditaments and Premises hereby granted released and assured or intended so to be any part thereof by from through under or in trust for him or them or by from under or in trust for the said Joseph Smith and Ann Smith or either of them shall and will from time to time and at all times hereafter upon every reasonable request and at the proper costs and charges in the Law of the said John Thorp his Heirs Appointees or Assigns make do acknowledge levy suffer and execute or cause and promise to be made done acknowledged levied suffered and executed all and every such further and other lawful and reasonable Act and Acts Deed and Deeds Conveyances and Assurances in the Law whatsoever for the further better more perfectly and absolutely granting releasing conveying and assuring of the said Mill Messuage Land Hereditaments and Premises with their Appurtenances unto and to the use of the said John Thorp his Heirs and Assigns or otherwise as he or they shall direct or appoint be the same by fine or fines feoffment Common Recovery or Common Recoveries or otherwise howsoever as by the said John Thorp his Heirs or Assigns or his or their counsel in the Law shall be lawfully and reasonably devised or advised and required And whereas by an Indenture of Mortgage bearing date on or about the 28th day of August 1747 and made between the said Ann Smith of Badsey aforesaid (widow and Relict of Anthony Smith then late of Badsey and Harvington in the said County of Worcester deceased) of the one part and John Hughes then of Evesham aforesaid Gardener of the other part the said Ann Smith in consideration of £100 to her paid by the said John Hughes did grant bargain and sell unto the said John Hughes All that one Water Corn Mill formerly called two Water Corn Mills with the Appurtenances belonging to the same mills and also the said piece or parcel of Garden Ground lying near unto the said Mills commonly called Swan’s Nest being encompassed about with the Mill Pond and also all those two pieces of parcels of Meadow Ground lying near or adjoining to the said Mills with the Appurtenances (and the same being all and singular the Mill Messuage Land and Premises above particularly described conveyed and assured or intended so to be save and except the piece or parcel of Ground called the Orchard containing half an acre or thereabouts which is not included in the Deed now in recited or at all affected thereby To hold unto the said John Hughes his Executors Administrators and Assigns from thenceforth for the term of 1000 years but by way or Mortgage only for securing to the said John Hughes his Executors Administrators or Assigns the repayment of the aforesaid sum of £100 and its interest in manner therein mentioned And whereas by an Indenture bearing date on or about the 12th day of October 1753 and made between the said Ann Smith of the first part the said John Hughes of the second part and Bridget Laugher then of Evesham aforesaid Spinster of the third part after reciting the said Indenture of Mortgage to the said John Hughes it is witnesseth that in consideration of the sum of £100 to the said John Hughes then paid by the said Bridget Laugher and of £50 to the said Ann Smith then paid by the said Bridget Laugher he the said John Hughes (at the request of the said Ann Smith testified as therein mentioned) did assign transfer and set over and the said Ann Smith did grant bargain sell release ratify and confirm unto the said Bridget Laugher all and singular the aforesaid Mill Messuage Land Hereditaments and Premises with the Appurtenances comprised in the said Indenture of Mortgage to the said John Hughes to hold unto the said Bridget Laugher her Executors Administrators and Assigns from thenceforth for the residue of the said term of 1000 years and subject to a proviso for redemption and reassignment of the said premises on payment by the said Ann Smith her Heirs Executors Administrators or Assigns unto the said Bridget Laugher her Executors Administrators or Assigns of the sum of £150 and Interest in manner therein mentioned And whereas by certain Indentures of Lease Release and Assignment bearing date respectively the 9th and 12th days of November 1759 such Release and Assignment being made between the said Bridget Laugher of the first part the said Ann Smith of the second part the said Joseph Smith deceased the said father of the said Anthony Smith (party hereto) of the third part and the said John Hughes of the fourth part whereby for the considerations therein mentioned the aforesaid Mill Messuage Land Hereditaments and Premises last above described were duly conveyed released and assured by the said Ann Smith unto and to the use of the said Joseph Smith his Heirs and Assigns for ever and it is further witnessed that in consideration of the £156 to the said Bridget Laugher then paid by the said Joseph Smith the said Bridget Laugher (by the appointment of the said Ann Smith and at the nomination of the said Joseph Smith) did assign transfer and set over unto the said John Hughes the said Mill Messuage Land Hereditaments and Premises lastly above mentioned to hold unto the said John Hughes his Executors Administrators and Assigns for the residue of the said term of 1000 years in trust for the said Joseph Smith his Heirs and Assigns and to attend the Inheritance of the same premises And whereas by an Indenture of Demise by way of Mortgage bearing date on or about the 14th day of December 1795 and made between the said Anthony Smith (party thereto and hereto) then of Badsey aforesaid Miller (and therein described as one of the sons of and a Devisee named in the will of the said Joseph Smith deceased) of the one part and William Ford of Bretforton in the said County of Worcester Maltster of the other part It is witnessed that in consideration of £300 to the said Anthony Smith then paid by the said William Ford he the said Anthony Smith did demise grant bargain sell limit appoint and confirm unto the said William Ford all and singular the said Mill Messuage Land and Premises comprised in the said first above recited Indenture of Mortgage of the 28th day of August 1747 and the assignment thereof to the said Bridget Laugher of the 12th day of October 1753 (save and except the piece of land called the Swan’s Nest) Together with all the Rights Members and Appurtenances to the same premises belonging to hold unto the said William Ford his Executors Administrators and Assigns from thenceforth for the term of 2000 years at the yearly rent of a peppercorn and subject to a proviso in the now reciting Indenture contained for making the same void on payment by the said Anthony Smith his Heirs Executors Administrators or Assigns unto the said William Ford his Executors Administrators or Assigns of the sum of £300 and Interest for the same after the rate and at the time therein mentioned And whereas by an Indenture bearing date on or about the 27th day of January 1813 and made between the said William Ford of the first part the said Anthony Smith (party hereto) of the second part the said Richard Hirons deceased then of Winchcombe aforesaid Gentleman of the third part John Hughes of Bristol factor and Thomas Hughes of Evesham aforesaid Gentleman (Executors named and appointed in and by the last Will and Testament of the said John Hughes then late of Evesham aforesaid Gardener deceased) of the fourth part and the said John Mosley Gilbert Cheek of the fifth part after reciting the last above recited Indenture of Mortgage of the 14th day of December 1795 it is witnessed that in consideration of £300 to the said William Ford then paid by the said Richard Hirons in full for all principal and Interest due on the said recited Security the said William Ford (by the direction of the said Anthony Smith (party thereto and hereto testified as therein mentioned) did bargain sell assign transfer and set over and the said Anthony Smith (party thereto and hereto) in consideration of the further sum of £200 to him then paid by the said Richard Hirons did demise grant ratify and confirm unto the said Richard Hirons All and singular the said Mill Messuage Land and Premises above mentioned and comprised in the last above recited Indenture of Mortgage of the 14th day of December 1795 to the said William Ford and all other the Messuages Lands and Tenements of the said Anthony Smith situate in Badsey aforesaid or in any Parish or place near or adjoining thereto with the Appurtenances to the same Premises belonging to hold to the said Richard Hirons his Executors Administrators and Assigns from thenceforth for the remainder of the said term of 2000 years discharged of the proviso contained in the said last above recited Indenture of Mortgage but subject to a Proviso in the now reciting Indenture contained for redemption and reassignment of the said premises on payment by the said Anthony Smith (party thereto and hereto) his Heirs Executors Administrators or Assigns unto the said Richard Hirons his Executors Administrators or Assigns of the sum of £500 and Interest for the same after the rate and on a certain therein mentioned and now long since past and after reciting or noticing the several Indentures as also the Will of the said Joseph Smith thereinbefore particularly mentioned and recited and further reciting that the said John Hughes in whom the said term of 1000 years was vested had departed this life in or about the year 1786 having first made his Will bearing date the 28th day of January 1779 whereof he appointed the said John Hughes (party thereto) and Thomas Hughes Executors who had proved the same in the Bishop’s Court of Worcester on the 25th day of February 1786 and that it was agreed on the treaty for the loan of the said £500 that the said term of 1000 years should be assigned to the said John Mosley Gilbert Cheek upon the trusts thereinafter declared It is by the said Indenture of the 27th day of January 1813 now in recital further witnessed that in consideration of five shillings to the said John Hughes (party thereto) and Thomas Hughes paid by the said John Mosley Gilbert Cheek the said John Hughes (party thereto) and Thomas Hughes (at the request of the said Anthony Smith (party thereto and hereto) and at the nomination of the said Richard Hirons) did bargain sell assign transfer and set over unto the said John Mosley Gilbert Cheek All the aforesaid Mill Messuage Garden Land and Premises comprised in the said term of 1000 years and so assigned to the said John Hughes deceased by the therein and hereinbefore recited Indenture of the 10th day of November 1759 with the Appurtenances to hold the same unto the said John Mosley Gilbert Cheek his Executors Administrators and Assigns from thenceforth for all the residue of the said term of 1000 years upon trust in the first place for better securing to the said Richard Hirons his Executors Administrators and Assigns the said sum of £500 and its Interest and after payment thereof upon trust for the said Anthony Smith (party thereto and hereto) his Heirs and Assigns and to attend the Inheritance of the same premises And whereas the said Richard Hirons is dead having first made and duly published his last Will and Testament in writing bearing date the 11th day of September in the year 1816 and thereof appointed the said Elizabeth Hirons then his wife and now his Widow together with Henry Smith and Edmund Smith which said Edmund Smith is also since deceased) Executrix and Executors and on the 9th day of August 1817 the said Elizabeth Hirons above duly proved the same will in the Prerogative Court of the Archbishop of Canterbury and took upon herself the execution thereof And whereas by a Memorandum dated the 27th day of March 1816 endorsed on the last above recited Indenture of Mortgage to the said Richard Hirons the said Richard Hirons acknowledged to have received of the said Anthony Smith £100 in part of the said principal sum of £500 secured by the last mentioned Indenture of Mortgage so that there is now justly due and owing to the said Elizabeth Hirons as Executrix of the said Richard Hirons deceased the principal sum of £400 only all Interest having been paid to the day of the date hereof as the said Elizabeth Hirons doth hereby acknowledge Now this Indenture further witnesseth that in further pursuance of the aforesaid agreement between the said Anthony Smith (party thereto) and John Thorp and for and in consideration of the sum of £400 of like lawful money of Great Britain to the said Elizabeth Hirons in hand well and truly paid by the said John Thorp at or with the sealing and delivery of these presents (at the request and by the direction and appointment of the said Anthony Smith (party hereto) testified by his being made a party to and executing these presents) in full for all principal and Interest money due and owing to her the said Elizabeth Hirons as Executrix of the said Richard Hirons deceased from the said Anthony Smith (party hereto) on the above recited Security the receipt of which said sum of £400 the said Elizabeth Hirons doth hereby acknowledge and thereof and therefrom doth acquit release and discharge as well the said John Thorp as the said Anthony Smith (party herto) and each of them their and each of their Heirs Executors Administrators and Assigns by these presents and also the said Messuage Mill Land and Premises comprised in the aforesaid Term of 2000 years She the said Elizabeth Hirons (at the request and by the direction of the said Anthony Smith (party hereto) testified as aforesaid Hath bargained sold surrendered and yielded up and by these presents doth bargain sell surrender and yield up unto the said John Thorp and his Heirs All and singular aforesaid Mill Messuage or Tenement Land and other the Premises comprised in the said Term of 2000 years created by the said Indenture of the 14th day of December 1795 and are part and parcel of the Hereditaments hereinbefore granted and released or intended so to be and which Premises are now vested at Law in the said Elizabeth Hirons for the residue of the same term in manner aforesaid with their Appurtenances And all the Estate Right Title Interest Term and Terms of Years yet unexpired property claim and demand whatsoever of her the said Elizabeth Hirons of unto and upon the same Premises to the Intent that the Rest and residue now unexpired of the said term of 2000 years may from thenceforth merge and be extinguished in or be consolidated with the Reversion freeholds and Inheritance of the said Hereditaments and Premises and that the same Premises hereby surrendered may be freed and discharged of and from the whole of the said Mortgage Debts or sum of £500 and the Interest thereof And the said Elizabeth Hirons doth hereby for herself her Heirs Executors and Administrators covenant and declare with and to the said John Thorp his Heirs and Assigns that she the said Elizabeth Hirons hath not at any time heretofore made done committed executed or suffered (neither did the said Richard Hirons deceased in his life time to the knowledge or belief of the said Elizabeth Hirons make do commit execute or suffer) any Act Deed Matter or Thing whatsoever whereby or by reason or means whereof the said Mill Messuage Land and Premises hereinbefore surrendered or intended so to be or any part thereof are is shall or may be impeached charged affected or Incumbered in the Estate or otherwise howsoever and this Indenture also witnesseth that in order to carry the further intent and meaning of the parties thereto into effect and also in consideration of the sum of 10 shillings of like lawful British money to the said John Mosley Gilbert Cheek in hand now paid by the said William Byrch the receipt whereof is hereby acknowledged He the said John Mosley Gilbert Cheek (at the request and by the direction of the said Anthony Smith (party hereto) and on the nomination of the said John Thorp testified by their severally executing these presents Hath bargained sold assigned and set over and by these presents Doth bargain sell assign and set over unto the said William Byrch his Executors Administrators and Assigns All that the aforesaid Mill Messuage Land Hereditaments and Premises comprised in the aforesaid Term of 1000 years and in and by the said several above recited Indentures of the 28th day of August 1747 the 12th day of October 1753 the 9th and 10th days of November 1759 mentioned and described and in and by the above recited Indenture of the 27th day of January 1813 assigned to the said John Mosley Gilbert Cheek for the residue of the said term of 1000 years in manner aforesaid with their and every of their Appurtenances And all the Estate Right Title Interest Term and Terms of years yet to come and unexpired property benefit claim and demand whatsoever of him the said John Mosley Gilbert Cheek of in to or out of the same Hereditaments and Premises or any part or parcel thereof To have and to hold the said Mill Messuage Land and Premises hereby assigned or intended so to be with their and every of their Appurtenances unto the said William Byrch his Executors Administrators and Assigns from henceforth for and during all the rest residue and remainder of the said term of 1000 years created by the said Indenture of the 28th day of August 1747 and last assigned to the said John Mosley Gilbert Cheek as aforesaid therein now to come and unexpired nevertheless upon the trusts and for the ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say) In trust for the said John Thorp his Heirs and Assigns and to assign or otherwise dispose of the same Hereditaments and Premises or any of them as he or they shall from time to time order and direct and in the mean time In trust to permit the rest and residue of the said Term of 1000 years to wait upon and attend the freehold reversion and Inheritance of the Hereditaments and Premises comprised therein and hereby assigned or intended so to be as aforesaid so as to be subservient thereto and to protect the same from all mesne and intervening charges and Incumbrances (if any such there be or shall be) And the said John Mosley Gilbert Cheek doth hereby for himself his Heirs Executors and Administrators covenant and declare with and to the said William Byrch his Executors Administrators and Assigns that he the said John Mosley Gilbert Cheek hath not at any time heretofore made done committed executed or suffered any Act Deed Matter or Thing whatsoever whereby or by reason or means whereof the said Mill Messuage Land Hereditaments and Premises hereby by him assigned or intended so to be or any part thereof are is can shall or may be in any wise impeached charged affected or incumbered in Title Estate Interest or otherwise howsoever In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.
Signed: Anthony Smith
Elizabeth Hirons
J M G Cheek
John Thorp
J W Lavender
Wm Byrch
On Reverse
Received on the day and year first written of and from the within named John Thorp the full sum of £800 being the full consideration money within mentioned to be by sum paid to me
Anthony Smith
Witnesses: Edwin Green
Sam Fryzer
Received on the day and year first written of and from the within named Elizabeth Hirons the full sum of £400 being the full consideration money within mentioned to be by sum paid to me
Anthony Smith
Witnesses: Oswald H Cheek
Signed sealed and delivered by the within named Elizabeth Hirons in the presence of
Oswald H Cheek, Clerk to Mr Cheek, Solicitor, of Evesham
Signed sealed and delivered by the within named Anthony Smith, John Mosley Gilbert Cheek, John Thorp, Joseph Wesney Lavender and William Byrch (being first duly stamped) in the presence of
Edwin Green, Sam Fryzer, Clerks to Messrs Lavender & Byrd
Mr John Thorp to Mr Robert Lunn
Dated 12th January 1819
Mortgage in fee of Badsey Mills in the County of Worcester for securing £1500 and interest at £5 per centum
This Indenture made the 12th day of January in the 59th year of the Reign of our Sovereign Lord George III by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith and in the year of our Lord 1819 Between John Thorp of the City of Coventry Silk-Manufacturer of the one part and Robert Lunn of Norton in the Parish of Norton and Lenchwick in the County of Worcester Gentleman of the other part Whereas by Indentures of Lease and Release and Assignment bearing date respectively the Lease the 1st and the Release and Assignment the 2nd day of May 1818 the Release and Assignment being made or mentioned to be made between Anthony Smith of Badsey in the County of Worcester Miller of the first part Elizabeth Hirons of Winchcombe in the County of Gloucester Widow of the second part John Mosley Gilbert Cheek of Evesham in the said County of Worcester Gentleman of the third part the said John Thorp by his description as aforesaid of the fourth part John Wesney Lavender of Evesham aforesaid Gentleman of the fifth part and William Byrch of Evesham aforesaid Gentleman of the sixth part After reciting as therein is recited and reciting that the said John Thorp had contracted and agreed with the said Anthony Smith for the absolute purchase of the fee simple and inheritance free from Incumbrances of and in the Mill Messuage Lands and Premises therein and hereinafter mentioned at or for the price or sum of £1200 out of which said sum it was agreed that the principal sum of £400 being a charge on certain part of the hereditaments by way of Mortgage should be paid off and discharged by the said John Thorp to the said Elizabeth Hirons the Mortgagee on the said hereditaments discharged from such over and the term of 2000 years thereby surrendered as therein mentioned It is witnessed that in pursuance and performance of the said Agreement and in consideration of the sum of £800 to the said Anthony Smith in hand and at or before the sealing and delivery thereof paid by the said John Thorp the receipt whereof is thereby acknowledged (which said sum of £800 so paid to the said Anthony Smith as aforesaid by the said John Thorp together with the sum of £400 also paid by the said John Thorp to the said Elizabeth Hirons made together £1200 and was in full for the absolute purchase of the said Messuage Mill Lands and premises) the said Anthony Smith did grant bargain sell alien release and confirm unto the said John Thorp (in his actual possession then being by virtue of the said Indenture of Lease and to his Heirs and Assigns All that Water Corn Mill being formerly called two Water Corn Mills with the Appurtenances together with the Messuage Tenement or Dwelling House thereto adjoining and belonging and then used as a Grist Mill and commonly called or known by the Name of Badsey Mills and all the Gears Stones Tools and Implements belonging to the same Mills and also all that piece or parcel of Garden Ground lying near the said Mills commonly called or known by the name of the Swan’s Nest being encompassed about by the Mill Pond and also all those two pieces or parcels of Meadow Ground lying near or adjoining unto the said Mills commonly called or known by the name of the Naite containing by estimation two acres or thereabouts (be the same more or less) being encompassed about with the Brook abutting Northward upon the Mill Bridge and Southward on the floodgates and also that one small piece or parcel of Ground used as a Garden lying near or adjoining unto the said Mills having the Orchard formerly of Richard Badsey but then of the said Anthony Smith on the East and next thereinafter described and a certain Ground called Stockey formerly in the possession of Clement Dingley but now or late of William Collett on the south side thereof And also all that other piece or parcel of Ground called the Orchard containing by estimation half an acre or thereabouts (be the same more or less) having a Close or Ground formerly of James Jarrett Esquire but now of [space – left blank] called the Little Stockey on the south side the Barn and Lands formerly of Mrs Alice Byrne Widow but now [space – left blank] on the north side and the last described piece of land or Garden on the west side (over which said last mentioned piece of ground or part thereof there is or formerly was a way or passage from the said Mill towards the Street and so back again) All which said Mill Messuage Land Hereditaments and premises are situate lying and being in Badsey aforesaid in the said County of Worcester and were formerly occupied by the said Joseph Smith deceased and by him devised to the said Anthony Smith in manner aforesaid and now then in the occupation of the said Anthony Smith together with all Houses Outhouses Edifices Buildings Erections Machinery Apparatus and Utensils Barns Stables Courts Yards Banksides Ways Waters Watercourses Timber and other Trees Woods Underwoods and the Ground and Soil thereof Mill-Ponds Dams Wears Floodgates Banks Stanks Hedges Ditches Walls Mounds Fences Commons Common or Pasture Rights Easements Privileges Profits Commodities Emoluments Advantages Hereditaments Rights Members and Appurtenances whatsoever to the said Mill Messuage or Tenement Land Hereditaments and Premises belonging or in any wise appertaining to or with the same or any part thereof usually held used occupied possessed or enjoyed or accepted reputed deemed taken or known as part parcel or member thereof or Appurtenant thereunto to hold the same unto the said John Thorp and his Heirs to such uses upon and for such trusts intents and purposes and with under and subject to such Powers Provisos Declarations and Agreements and charged and chargeable in such manner and form as the said John Thorp shall at any time or times and from time to time by and Deed or Deeds Instrument or Instruments in writing with or without power of revocation to be by him signed sealed and delivered in the presence of and to be attested by two or more witnesses direct limit or appoint of and concerning the same or any part thereof and in the mean time and until and also in default of any such direction limitation or appointment and so far as the same if incomplete shall not extend to the use of the said John Thorp and his Assigns for his life without impeachment of waste and after the determination of that Estate by any means in his life time to the use of the said Joseph Wesney Lavender and his Heirs during the life of the said John Thorp in trust nevertheless for him the said John Thorp and his Assigns and from and after the determination of the Estate so hereby limited in use to the said Joseph Wesney Lavender and his Heirs as aforesaid to the only use of the said John Thorp his Heirs and Assigns for ever And whereas the said John Thorp since he became the purchaser of the Mill Messuage Lands Hereditaments of the said Anthony Smith as aforesaid that at a very great expense converted the said Mill into a Silk Mill and hath erected a very large and substantial Brick Building to be used as a Silk Mill nearly adjoining to the said old Mill on part of the land called the Naite and hath requested the said Robert Lunn to lend and advance him the sum of £1400 to enable him to complete the said Silk Mills Erections and buildings and for his other occasions which he hath agreed to do on having the repayment of the same sum with Interest served to him by a Mortgage of the said Mills Messuage Lands Hereditaments and premises together with the Bond or obligation of the said John Thorp intended to bear equal date herewith in the penal sum of £3000 with a condition thereunder written for making the same void on payment by the said John Thorp his Heirs Executors Administrators or Assigns unto the said Robert Lunn his Executors Administrators or Assigns of the sum of £1500 and Interest for the same after the rate and on the same day and times as are hereinafter appointed for payment of the said sum and its Interest Now therefore this Indenture witnesseth that for and in consideration of the sum of £1500 of good and lawful money of Great Britain to the said John Thorp in hand well and truly paid by the said Robert Lunn at or upon the sealing and delivery of these presents the receipt whereof he the said John Thorp doth hereby own and acknowledge and thereof and therefrom and of and from the same sum and every part thereof doth acquit release and for ever discharge the said Robert Lunn his Heirs Executors and Administrators and every of them by these presents He the said John Thorp by virtue and in pursuance and exercise of the power and authority so reserved and given to him in and above by the recited Indenture of Release and in exercise and execution thereof and of all and every other power and powers authority and authorities to him reserved and given in him vested or enabling him in this behalf Hath granted bargained sold aliened released diverted recited appointed and confirmed and by the present Deed or Instrument in writing (by him the said John Thorp duly signed sealed and delivered in the presence of and attested by the two persons whose names are thereon endorsed as witnesses thereto Doth grant bargain sell alien release divert limit and confirm unto the said Robert Lunn (in his actual possession now being by virtue of a bargain and sale to him thereof made for one whole year in consideration of 5 shillings by Indenture bearing date the day next before the day of the date of these presents and commencing from the day next before the day of the date of the same Indenture of bargain and sale and by force of the Statute made for transferring uses into possession) and to his Heirs and Assigns All that Water Mill lately used as a Corn Mill but now converted into a Silk Mill (formerly called two Water Corn Mills with the Appurtenances) together with the Messuage Tenement or Dwelling House thereto adjoining and belonging and commonly called or known by the Name of Badsey Mills and all the Gears Stones Tools and Implements belonging to the same Mills and also all that piece or parcel of Garden Ground lying near the said Mills commonly called or known by the name of the Swan’s Nest being encompassed about with the Mill Pond and also all those two pieces or parcels of Meadow Ground lying near or adjoining unto the said Mills commonly called or known by the name of the Naite containing by estimation two acres or thereabouts (be the same more or less) being encompassed about by the Brook abutting Northward upon the Mill Bridge and Southward upon the floodgates together with the Silk Mills lately erected thereon by the said John Thorp near to the Old Mill with the wheels Machinery and Appurtenances to the same belonging and also that one small piece or parcel of Ground used as a Garden lying near or adjoining to the said Mills having the Orchard formerly of Richard Badsey afterwards of the said Anthony Smith but now of the said John Thorp on the East and next thereinafter described and a certain Ground called Stockey formerly in the possession of Clement Dingley afterwards of William Collett but now of [space – left blank] on the south side thereof And also all that other piece or parcel of Ground called the Orchard containing by estimation half an acre or thereabouts (be the same more or less) having a Close or Ground formerly of James Jarrett Esquire but now belonging to the perpetual Curate of Badsey for the time being called the Little Stockey on the south side the Barn and Lands formerly of Mrs Alice Byrne Widow but now [space – left blank] on the north side and the last described piece of land or Garden on the west side (over which said last mentioned piece of ground or part thereof there is or formerly was a way or passage from the said Mill towards the Street and so back again) All which said Mill Messuage Land Hereditaments and premises are situate lying and being in Badsey aforesaid in the said County of Worcester and were lately in the possession and occupation of the said Anthony Smith but now of the said John Thorp and James Atkins together with all and singular Houses Outhouses Edifices Buildings Erections Machinery Apparatus and Utensils Barns Stables Courts Yards Banksides Ways Waters Watercourses Timber and other Trees Woods Underwoods and the Ground and Soil thereof Mill-Ponds Dams Wears Floodgates Banks Stanks Hedges Ditches Walls Mounds Fences Commons Common or Pasture Rights Easements Privileges Profits Commodities Emoluments Advantages Hereditaments Rights Members and Appurtenances whatsoever to the said Mill Messuage or Tenement Land Hereditaments and Premises belonging or in any wise appertaining to or with the same or any part thereof usually held used occupied possessed or enjoyed or accepted reputed deemed taken or known as part parcel or member thereof or Appurtenant thereunto and the reversion and reversions remainder and remainders yearly and other rents issues and profits of all and singular the aforesaid Messuage or Tenement Mills Land Hereditaments and every part and parcel thereof And also all the Estate Right Title Interest Use Trust possession property benefit claim and demand whatsoever both at law and in equity of him the said John Thorp of in or to the same Hereditaments and premises and every part and parcel thereof Together also with all Deeds Evidences and writings whatsoever relating to or in any way concerning the same hereditaments and premises or any part or parcel thereof now in the hands custody or power of the said John Thorp or which he can obtain or come by without suit at Law or equity To have and to hold the said Mills Messuage or Tenement Land Hereditaments and all and singular other the premises above particularly mentioned and described and hereby granted released diverted limited and appointed or intended so to be with their and every of their rights members and appurtenances unto the said Robert Lunn his Heirs and Assigns to the only proper use and behoof Of the said Robert Lunn his Heirs and Assigns for ever subject nevertheless to the proviso or condition for redemption and reconveyance of the said Mills Messuage or Tenement Land Hereditaments and premises hereinafter mentioned expressed and contained (that is to say) Provided always nevertheless and it is hereby declared and agreed by and between the said John Thorp and the said Robert Lunn and the true intent and meaning of them and of these presents is that if the said John Thorp his Heirs Executors or Administrators or any or either of them shall and do well and truly pay or cause to be paid unto the said Robert Lunn his Executors Administrators or Assigns the full sum of £1500 of good and lawful money of Great Britain together with Interest for the same of like lawful money after the rate of £5 for £1000 for a year on or at the days and times following (that is to say) half a year’s Interest of the said sum of £1500 after the rate aforesaid on the 12th day of July next ensuing the date thereof and the said principal sum of £1500 and another half year’s interest after the rate aforesaid on the 12th day of January which will be in the year of our Lord 1820 without any deduction or abatement whatsoever out of the same sum and Interest or any part thereof for or by reason or on account of any taxes charges assessments cause matter or thing whatsoever already imposed or hereafter to be imposed of payable for in respect of the said hereditaments and premises thereby granted and released or intended so to be or any part thereof or upon the said principal sum of £1500 or the Interest thereof or upon the said Robert Lunn his Heirs Executors Administrators or Assigns or any other person or persons for or in respect thereof then or at any time thereafter the said Robert Lunn his Heirs Executors Administrators or Assigns shall and will upon the request and at the costs and charges in the law of the said John Thorp his Heirs Executors Administrators or Assigns release and reconvey to the said John Thorp his Heirs and Assigns or unto or to the use of such person or persons as he the said John Thorp his Heirs or Assigns shall direct or appoint the said Mills Messuage or Tenement Lands Hereditaments and premises thereinbefore granted and released or intended so to be for all the Estate and Interest of the said Robert Lunn his Heirs or Assigns therein or thereto under and by virtue of these presents free from all Incumbrances to be made done committed or suffered by the said Robert Lunn his Heirs Executors or Administrators in the mean time And the said John Thorp for himself his Heirs Executors and Administrators doth hereby covenant promise and agree to and with the said Robert Lunn his Heirs Executors Administrators and Assigns in manner following (that is to say) that the said John Thorp his Heirs Executors or Administrators or some or one of them shall and will well and truly pay or cause to be paid unto the said Robert Lunn his Heirs Executors Administrators or Assigns the aforesaid sum of £1500 together with Interest for the same after the rate and in the parts and proportions and on the days and times in the above written proviso or agreement mentioned for payment thereof without any deduction or abatement whatsoever according to the true intent and meaning of these presents And also that the said John Thorp now is lawfully and absolutely seized of or otherwise well and sufficiently entitled unto a good sure perfect absolute and indefeasible estate of Inheritance in fee simple in possession of and in the said Mills Messuage or Tenement Land Hereditaments and Premises without any condition power use trust of any other matter cause or thing whatsoever to alter change charge lessen defeat make void Incumber or determine the same And that he the said John Thorp now hath in himself good right time title full power and lawful and absolute authority to grant demise and confirm the said Mills Messuage or Tenement Lands Hereditaments and Premises hereby demised and granted or intended so to be with their and every of their rights members and appurtenances unto the said Robert Lunn his Heirs and Assigns in manner and form aforesaid and according to the true intent and meaning of these presents And further that if default shall happen to be made in payment of the said sum of £1500 And the interest thereof or any part thereof respectively contrary to the aforesaid proviso or condition for payment of the same then and in such case it shall and my be lawful to and for the said Robert Lunn his Heirs Executors Administrators or Assigns at any time or times thereafter into and upon all and every the said Mills Messuage or Tenement Lands Hereditaments and premises thereby granted and released diverted limited and appointed or intended so to be or any part thereof in the name of the whole to enter and the same and every part thereof from thenceforth peaceably and quietly to have hold use occupy possess and enjoy and to have survive and take the rents issues and profits thereof and of every part thereof to and for his and their own use and benefit without any let suit trouble hindrance or interruption whatsoever of from or by the said John Thorp his Heirs Executors Administrators or Assigns or any other person or persons whomsoever claiming or to claim any Estate right title trust or interest in to or out of the same Mills Messuage or Tenement land hereditaments and premises or any part or parcel thereof respectively And that free and clear and freely and clearly acquitted exonerated and discharged or otherwise by the said John Thorp his Heirs Executors and Administrators or some or one of them at all times thereafter well and sufficiently saved harmless and kept indemnified of from and against all and all manner of former and other gifts grants bargains sales uses trusts titles charges and Incumbrances whatsoever And moreover that if default shall happen to be made in payment of the aforesaid sum of £1500 and interest or any part thereof contrary to the aforesaid proviso and agreement for that purpose and the true intent and meaning of those presents then and in such case he the said John Thorp his Heirs Executors Administrators and Assigns and all and every other person or persons whomsoever having or lawfully claiming or who shall or may have or lawfully claim any Estate right title trust or interest of in to or out of the said Mills Messuage or Tenement Lands Hereditaments and Premises hereby demised and granted or intended so to be or any part thereof shall and will from time to time and at all times thereafter at the costs and charges of the said John Thorp his Heirs Executors Administrators or Assigns upon every reasonable request of the said Robert Lunn his Heirs Executors Administrators or Assigns make do acknowledge levy suffer and execute or cause and promise to be made done acknowledged levied suffered and executed all and every such further and other lawful and reasonable act and acts deed and deeds appointments conveyances and assurances in the law whatsoever for the further better more perfect and absolutely granting releasing appointing conveying and assuring the said Mills Messuage or Tenement Land Hereditaments and Premises hereby granted and released directed limited and appointed or mentioned or intended so to be with their and every of their appurtenances unto the said Robert Lunn his Heirs and Assigns be the same by deed or deeds fine or fines common recovery or recoveries or otherwise howsoever as by the said Robert Lunn his Heirs or Assigns or his or their counsel learned in the law shall be lawfully and reasonably advised devised or required And lastly that he the said John Thorp his Heirs Executors or Administrators shall and will (if not already affected) forthwith insure or cause to be insured in some good public Insurance Office from loss or damage by these the said Mills messuage or Tenement and Outbuildings and the machinery therein erected above mentioned and hereinbefore conveyed and assured at or for the sum of £1500 at the least and shall and will keep the same so insured from time to time during the continuance of this security or in default thereof the said Robert Lunn his Heirs Executors Administrators or Assigns shall and may insure the same hereditaments and premises in such good Insurance Office for or to the same value or amount as last aforesaid either in the name or names of the said John Thorp his Heirs Executors or Administrators or in the name of the said Robert Lunn his Heirs Executors Administrators or Assigns and shall and may keep the same so insured from time to time during the continuance of this security and in that case it shall and may be lawful to and for the said Robert Lunn his Heirs Executors Administrators and Assigns to add the money so to be expended by him and them in insuring as aforesaid to the principal sum of £1500 and shall have and receive lawful interest for the same and the said Mills Messuage or Tenement and Premises shall not be redeemed or redeemable without payment as well of the said sum of £1500 and interest as of the money so to be expended by the said Robert Lunn his Heirs Executors Administrators or Assigns in insuring as aforesaid and its interest and in case any loss or damage shall happen to the said Mills Machinery Messuage or Tenement and Outbuildings by fire during the continuance of this security it is hereby declared and agreed that the said Robert Lunn his Heirs Executors Administrators and Assigns shall and may ask for demand receive and take all benefit and advantage of the Policy of Insurance of the premises aforesaid and that the said Robert Lunn his Heirs Executors Administrators and Assigns shall and may use the name or names of the said John Thorp his Heirs Executors Administrators or Assigns or their own names for the recovery of the money so insured and in giving proper discharges for the same to the Insurers thereof according to the terms of such policy And whereas by the said Indentures of Release and Assignment of the 2nd day of May 1818 above recited a certain term of 1000 years created or demised of in and upon the Mills Messuage or Tenement Lands and Hereditaments hereinbefore expressed to be hereby released and conveyed was by the said John Mosley Gilbert Cheek at the request and by the direction of the said Anthony Smith and on the nomination of the said John Thorp assigned to the said William Byrch his Executors Administrators and Assigns in trust to attend the inheritance of the same premises now it is hereby declared and agreed by and between the said parties to these presents and the said John Thorp doth hereby direct that the said William Byrch his Executors Administrators and Assigns shall stand and be possessed of the said term of 1000 years In a trust for the said Robert Lunn his Heirs Executors Administrators and Assigns to the intent that the residue thereof may from thenceforth attend and go along with the freehold and inheritance of the Mills Messuage or Tenement Land and Premises hereinbefore expressed to be hereby granted released and conveyed for protecting the same from all mesne and intervening charges and incumbrances if any such there be in the first place for better securing the payment of the said sum of £1500 and interest as aforesaid unto the said Robert Lunn his Executors Administrators and Assigns according to the true intent and meaning of these presents and subject thereto In trust for the said John Thorp his Heirs and Assigns In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written
John Thorp
On Reverse
Received on the day and year first written of and from the within named Robert Lunn the sum of £1500 being the full consideration money within mentioned to be by him paid to me
John Thorp
Witnesses: J W Lavender
Edwin Green
Signed sealed and delivered by the within named John Thorp (being first duly stamped) in the presence of:
J W Lavender
Edwin Green Clerk to Messrs Lavender & Byrch Solicitors Evesham
I hereby acknowledge to have this day received of Mr Thomas Thorp the execution of the within named John Thorp deceased the sum of £1554 4s 10d being in full for all principal and interest money due and owing on the within security and I hereby undertake and agree for myself my Heirs Executors and Administrators to reconvey assign and transfer the said security and the hereditaments and premises within mentioned unto the person or persons who is or are or shall be entitled to the same hereditaments under the will of the said John Thorp deceased or to whom he she or they shall appoint at his her and their request and costs Witness my hand this 9th day of December 1834
Robert Lunn
Witness: W Byrch Solicitor Evesham
Dated 28th day of April 1851
Mr Robert Lunn to Mr Samuel Thorp
Reconveyance of Mills Messuage Lands and Hereditaments situate at Badsey in the county of Worcester
This Indenture made the 28th day of April 1851 between Robert Lunn of Norton in the parish of Norton and Lenchwick in the County of Worcester Gentleman of the one part and Samuel Thorp of Macclesfield in the County of Chester Gentleman of the other part Whereas by Indentures of Lease and Release and Mortgage dated respectively on or about the 11th and 12th day of January 1819 and respectively made or expressed to be made between John Thorp therein described as of the City of Coventry Silk Manufacturer of the one part and Robert Lunn of Norton aforesaid Gentleman of the other part It was by the Indenture of Release and Mortgage now in recital witnesseth that for the consideration therein mentioned the said John Thorp did grant bargain sell alien release direct limit appoint and confirm unto the said Robert Lunn and to his Heirs and Assigns All that Water Mill then lately used as a Corn Mill but then converted into a Silk Mill (formerly called two Water Mills with the appurtenances) together with the Messuage Tenement or Dwelling House thereto adjoining and belonging and commonly called or known by the Name of Badsey Mills and all the Gears Stones Tools and Implements belonging to the same Mills and also all that piece or parcel of Garden Ground lying near the said Mills commonly called or known by the name of the Swan’s Nest being encompassed about with the Mill Pond and also all those two pieces or parcels of Meadow Ground lying near or adjoining unto the said Mills commonly called or known by the name of the Naite containing together by estimation two acres or thereabouts were the same more or less being encompassed about by the Brook abutting Northward upon the Mill Bridge and Southward upon the floodgates together with the Silk Mills then lately erected therein by the said John Thorp near to the Old Mill with the Wheels Machinery and Appurtenances to the same belonging and also all that one small piece or parcel of Ground used as a Garden lying near or adjoining to the said Mills having the Orchard formerly of Richard Badsey afterwards of Anthony Smith but then of the said John Thorp on the East and next therein and hereinafter described and a certain Ground called Stockey formerly in the possession of Clement Dingley and afterwards of William Collett but then of [space - left blank] on the south side thereof And also all that other piece or parcel of Ground called the Orchard containing by estimation half an acre or thereabouts (were the same more or less) having a Close or Ground formerly of James Jarrett Esquire but then belonging to the perpetual curate of Badsey for the time being called the Little Stockey on the south side the Barn and Lands formerly of Mrs Alice Byrne Widow but then of [space – left blank] on the north side and the last described piece of land or Garden on the west side (over which said last mentioned piece of ground or part thereof there was then or formerly was a way or passage from the said Mills towards the Street and so back again) All which said Mill Messuage Lands Hereditaments and premises were situate lying and being in Badsey aforesaid in the said County of Worcester and then lately in the occupation and possession of Anthony Smith but then of the said John Thorp and James Atkins together with all and singular Edifices Buildings Machinery Mill Ponds Dams Wears Floodgates Banks Rights Members and Appurtenances to the said Mills Messuage or Tenement Land Hereditaments and Premises belonging To hold unto the said Robert Lunn his Heirs and Assigns To the only proper use and behalf of the said Robert Lunn his Heirs and Assigns for ever subject nevertheless to the proviso or condition for redemption and reconveyance of the said hereditaments in the Indenture now in recital contained on payment by the said John Thorp his Heirs Executors or Administrators unto the said Robert Lunn his Executors Administrators or Assigns of the sum of £1500 with interest thereon at the rate on the days and times therein mentioned and appointed for payment thereof and in which payment default was made And whereas the said John Thorp by his last Will and Testament in writing bearing date the 29th day of June 1833 and in which he is described as of Green Hill Cottage Evesham constituted and appointed his brother Thomas Thorp therein described as of Overbury Gentleman his Executor and Trustee and to him his Heirs Executors and Assigns the said Testator gave and bequeathed all his real and personal estates and effects of every sort or kind to hold upon Trust for the purposes in the said Will declared And the said Testator directed that the first money that came into the possession of his Executor from his Effects that he or they did with it pay off and discharge the Mortgage on his freehold estate at Badsey owing to Mr Robert Lunn and when so cleared the said Testator directed that his Executor or Executors should hold that Estate its rents and profits distinct from the other Estates and Effects upon the Trust and for the purposes and in manner in his said Will particularly mentioned And whereas the said John Thorp by a codicil to his said in part recited will duly executed and attested and bearing date the 21st day of May 1834 (after reciting that he had by his said Will appointed his brother Thomas Thorp Sole Executor and had appointed him to execute various Trusts in his said Will particularly pointed out) nominated and appointed his dear brother the said Samuel Thorp an Executor and Trustee of his said Will with the like powers and authorities and as fully and effectively to all intents and purposes whatsoever as if he had been originally appointed by his said Will And whereas the said John Thorp departed this life on or about the 26th day of May 1834 without having revoked his said Will and Codicil which were duly proved in the Prerogative Court of Canterbury on the 24th day of June 1834 by the said Thomas Thorp and on the 21st day of October following by the said Samuel Thorp And whereas the said Thomas Thorp and Samuel Thorp or one of them in purusance of the direction contained in the said Will of the said John Thorp duly paid off and discharged unto the said Robert Lunn the Mortgage the said Principal sum of £1500 and all Interest due in respect thereof as appears by a Memorandum in writing under the hand of the said Robert Lunn the Mortgagee dated the 9th day of December 1834 and endorsed on the said recited Indenture of Mortgage whereby the said Robert Lunn the Mortgagee acknowledged the payment of all Principal and Interest monies then due on the said security and undertook and agreed for himself his Heirs Executors and Administrators to reconvey assign and transfer the said security and the hereditaments and premises therein mentioned unto the person or persons who should be entitled to the same under the will of the said deceased or to whom he she or they should appoint but no such conveyance has ever been made And whereas the said Robert Lunn the Mortgagee departed this life on or about the 6th day of February 1847 leaving the said Robert Lunn party hereto his eldest son and heir at law him surviving and having by his Will dated the 7th day of July 1846 (which did not contain a devise of Trust Estates) appointed his sons the said Robert Lunn party hereto and William Lunn Executors who in the month of May following duly proved the same in the Consistory Court of Worcester And whereas the said Thomas Thorp departed this life on or about the 28th day of January 1848 leaving the said Samuel Thorp his Co-Trustee him surviving And whereas the said Samuel Thorp as such surviving Trustee as aforesaid hath called upon and requested the said Robert Lunn party hereto as heir at Law of his said father the said Robert Lunn the Mortgagee deceased to reconvey the said hereditaments and premises comprised in the said hereinbefore in part recited Indenture of Mortgage unto him the said Samuel Thorp in manner hereinafter mentioned Now this Indenture witnesseth that for the considerations aforesaid and in consideration of 10 shillings of lawful British money by the said Samuel Thorp to the said Robert Lunn party hereto in hand paid in the execution of these presents the receipt whereof he doth hereby acknowledge he the said Robert Lunn party hereto so far as he lawfully can or may and according to his estate and Interest in the said hereditaments and premises and not further or otherwise Doth by these presents grant bargain sell release and convey unto the said Samuel Thorp his Heirs and Assigns All and singular those the said Mills Messuage or Tenement Lands Hereditaments and premises hereinbefore particularly described and comprised in and granted released appointed or otherwise assured by the said recited Indenture of Release and Mortgage of the 12th day of January 1819 and all other the hereditaments if any comprised in the same Indenture with their and every of their rights easements members and appurtenances and the reversions and remainders rents issues and profits thereof And all the estate right title interest property benefit claim and demand whatsoever of him the said Robert Lunn party hereto of in to or out of the same and every part thereof respectively To have and to hold the said Mills Messuage Lands Hereditaments and Premises hereby granted and conveyed with the appurtenances unto the said Samuel Thorp his Heirs and Assigns freed and absolutely discharged of and from all Principal Interest and other monies intended to be secured by the said recited Indenture of Mortgage and from all claims and demands in respect thereof To the use of the said Samuel Thorp his Heirs and Assigns for ever But nevertheless upon and for the Trusts intent and purposes in the said hereinbefore in part recited Will of the said John Thorp declared and contained of and concerning the said hereditaments and premises And the said Robert Lunn doth hereby for himself his Heirs Executors and Administrators Covenant and declare with and to the said Samuel Thorp his Heirs and Assigns that he the said Robert Lunn hath not at any time heretofore made done committed or suffered or been party or privy to any act deed matter or thing whatever whereby or by means whereof the said hereditaments and premises hereby granted and conveyed or intended so to be or any of their appurtenances or any part thereof respectively are is can shall or may be released assigned surrendered impeached Incumbered or otherwise prejudicially affected in any manner howsoever In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written
Robert Lunn
Signed sealed and delivered by the within named Robert Lunn in the presence of
Herbert New
Solicitor Evesham
On Reverse
Memorandum that William Parker of Badsey the purchaser of a portion of the property confirmed in the within written deed contracted with the Dean and Chapter of Christ Church of the first part purchaser of other portion of the within described property to furtherance certain Indentures dated 1st and 2nd May 1818 the within recited deed 12th January 1819 and now within written deed of Messrs New this 25th day of Janaury 1864
William Parker
1863 Abstract of the Title of
Miss Eliza Thorp and Mr Frank Thorp
to the Messuage Buildings land and hereditaments at Badsey in the County of Worcester called Badsey Silk Mill
Dated 3rd November 1863
Lot 1 New Prance & Garrard Evesham
1st and 2nd May 1818 by Indentures of Lease and Release and Assignment of these dates respectively the Release and Assignment being made or expressed to be made between Anthony Smith of Badsey in the County of Worcester Miller one of the sons of Joseph Smith late of Harvington Miller deceased and a devisee in fee of the Hereditaments mentioned and named in his last will and testament of the first part Elizabeth Hirons of Winchcombe in the County of Gloucester Widow of the second part John Mosley Gilbert Cheek of Evesham in the County of Worcester Gentleman of the third part John Thorp of the City of Coventry Silk Manufacturer of the fourth part Joseph Wesney Lavender of Evesham aforesaid Gentleman of the fifth part and William Byrch of the same place Gentleman of the sixth part After reciting that Joseph Smith deceased being in his lifetime seized in his demesne as of fee of and in the Messuage or Tenement Land Hereditaments and premises hereinafter particularly mentioned and described and intended to be thereby released and conveyed made and duly executed his last Will and Testament in writing as by law was required for devising and passing of real Estates bearing date the 3rd day of July 1788 thereby devised the same Messuage Mill Lands hereditaments and Premises unto his son the said Anthony Smith by the description of All that his Corn Mills situate at Badsey in the said County of Worcester together with the Dwellinghouse Outhouses Hereditaments to the same belonging And also those two Orchards one Meadow Ground and Garden lying at or near the said Mills all which premises were then in the occupation of his brother Benjamin Smith to hold the same with the Appurtenances unto his son Anthony Smith His Heirs and Assigns for ever subject to the payment of £60 to his daughter Sarah Noakes and of £10 to Frances Thorp to whom he bequeathed the same legacies and the said testator appointed his sons John and William Smith joint Executors of his said will
And reciting that the said Joseph Smith departed this life in the month of December 1793 without having altered or revoked his said Will and reciting that the said two several legacies of £60 and £10 given by the above recited will of the said Joseph Smith deceased to the said Sarah Noakes and Frances Thorp had been paid and discharged
And reciting that the said John Thorp had contracted and agreed with the said Anthony Smith for the absolute purchase of the fee simple and Inheritance free from Incumbrances of and in the said Mill Messuage Lands and Premises thereinbefore mentioned and thereinafter particularly described and intended to be granted and released with the Machinery Apparatus and other Appurtenances in and about the said Mill at or for the price or sum of £1200 out of which said sum it was agreed that the principal sum of £400 being a charge on certain part and parcel of the said Hereditaments by way of Mortgage should be paid off and discharged by the said John Thorp to the said Elizabeth Hirons the Mortgagee and the said Hereditaments discharged from such Mortgage Debt and the term of 2000 years created thereby surrendered in manner thereinafter mentioned
It was by abstracting Indenture of Release witnessed that in pursuance and performance of the said agreement and for and in consideration of the sum of £800 to the said Anthony Smith paid by the said John Thorp the receipt acknowledged (which said sum of £800 so paid to the said Anthony Smith as aforesaid by the said John Thorp together with the sum of £400 also paid by the said John Thorp to the said Elizabeth Hirons made together £1200 and was in full for the absolute purchase of the said Messuage Mill Land and Premises) He the said Anthony Smith did grant bargain sell alien release and confirm unto the said John Thorp (in his actual possession be) and to his Heirs and Assigns
All that Water Corn Mill being formerly called two Water Corn Mills with the Appurtenances together with the Messuage Tenement or Dwellinghouse thereto adjoining and belonging and then used as a Grist Mill and commonly called or known by the name of Badsey Mills and all the Gears Stones Tools and Implements belonging to the same Mills and also all that piece or parcel of Garden Ground lying near the said Mills commonly called or known by the name of the Swan’s Nest being encompassed about by the Mill Pond and also all those two pieces or parcels of Meadow Ground lying near or adjoining unto the said Mills commonly called or known by the name of the Naite containing by estimation two acres or thereabouts be the same more or less being encompassed about with the Brook abutting Northward upon the Mill Bridge and Southward upon the floodgates and also that one small piece or parcel of Ground used as a Garden lying near or adjoining unto the said Mills having the Orchard formerly of Richard Badsey but then of the said Anthony Smith on the East and next thereinfafter described and a certain Ground called Stockey formerly in the possession of Clement Dingley but then or late of William Collett on the south side thereof And also all that other piece or parcel of Ground called the Orchard containing by estimation half an acre or thereabouts (be the same more or less) having a Close or Ground formerly of James Jarrett Esquire but then of [space – left blank] called the Little Stockey on the south side the Barn and Lands formerly of Mrs Alice Byrne Widow but then of [space – left blank] on the north side and the last described piece of land or Garden on the west side (over which said last mentioned piece of ground or part thereof there was then or formerly was a way or passage from the said Mill towards the Street and so back again)
All which said Mill Messuage Land Hereditaments and premises were situate lying and being in Badsey in the County of Worcester and were formerly occupied by Joseph Smith deceased and by him devised to the said Anthony Smith and were then in the occupation of the said Anthony Smith Together with all Houses etc And the Reversion etc And all the Estate etc To hold the same unto the said John Thorp and his Heirs to such uses and for such trusts intents and purposes and with under and subject to such Powers Provisos Declarations and Agreements and charged and chargeable in such manner and form as the said John Thorp should at any time or times and from time to time by any Deeds or Instruments in writing with or without power of revocation to be by him executed in the presence of two or more witnesses direct limit or appoint of and concerning the same or any part thereof with remuneration To the use of the said John Thorp and his Assigns for his life without impeachment of waste with remuneration To the use of the said Joseph Wesney Lavender and his Heirs during the life of the said John Thorp in trust for him the said John Thorp and his Assigns with remuneration To the only use of the said John Thorp his Heirs and Assigns for ever Covenants by said Anthony Smith that he was lawfully seized That he had good right to convey for quiet enjoyment free from Incumbrances And for further assurance
And reciting that by an Indenture of Mortgage bearing date on or about the 28th day of August 1747 and made between the said Ann Smith of Badsey aforesaid (widow and Relict of Anthony Smith then late of Badsey and Harvington in the said County of Worcester deceased) of the one part and John Hughes then of Evesham aforesaid Gardener of the other part The said Ann Smith in consideration of £100 to her paid by the said John Hughes did grant bargain and sell unto the said John Hughes All that one Water Corn Mill formerly called two Water Corn Mills with the Appurtenances together with the Messuage Tenement or Dwellinghouse thereto adjoining and commonly called Badsey Mills and all the Gears Stones Tools and Implements belonging to the same mills and also the said piece or parcel of Garden Ground lying near unto the said Mills commonly called Swan’s Nest being encompassed about with the Mill Pond and also the said two pieces of Meadow Ground called the Naite containing by estimation two acres And also the said other piece of Ground then used as a Garden near to or adjoining the said Mills with the Appurtenances (and the same being all and singular the Mill Messuage Land and Premises above particularly described conveyed and assured or intended so to be save and except the piece or parcel of Ground called the Orchard containing half an acre or thereabouts which was not included in the Deed then in recital or at all affected thereby To hold unto the said John Hughes his Executors Administrators and Assigns from thenceforth for the term of 1000 years but by way of Mortgage only for securing to the said John Hughes his Executors Administrators or Assigns the repayment of the aforesaid sum of £100 and its interest in manner therein mentioned
And reciting that by an Indenture bearing date on or about the 12th day of October 1753 and made between the said Ann Smith of the first part the said John Hughes of the second part and Bridget Laugher then of Evesham aforesaid Spinster of the third part after reciting the said Indenture of Mortgage to the said John Hughes it was witnessed that in consideration of the sum of £100 to the said John Hughes then paid by the said Bridget Laugher and of £50 to the said Ann Smith then paid by the said Bridget Laugher he the said John Hughes (at the request of the said Ann Smith testified as therein mentioned) did assign transfer and set over and the said Ann Smith did grant bargain sell release ratify and confirm unto the said Bridget Laugher all and singular the aforesaid Mill Messuage Land Hereditaments and Premises with the Appurtenances comprised in the said Indenture of Mortgage to the said John Hughes to hold unto the said Bridget Laugher her Executors Administrators and Assigns from thenceforth for the residue of the said term of 1000 years and subject to a proviso for redemption and reassignment of the said premises on payment by the said A Smith his Heirs Executors Administrators or Assigns unto the said Bridget Laugher her Executors Administrators or Assigns of the sum of £150 and Interest in manner therein mentioned
And reciting that by certain Indentures of Lease Release and Assignment bearing date respectively the 9th and 10th days of November 1759 such Release and Assignment being made between the said Bridget Laugher of the first part the said Ann Smith of the second part the said Joseph Smith deceased the said father of the said Anthony Smith (party to abstracting Indenture) of the third part and the said John Hughes of the fourth part whereby for the considerations therein mentioned the aforesaid Mill Messuage Land Hereditaments and Premises last above described were duly conveyed released and assured by the said Ann Smith unto and to the use of the said Joseph Smith his Heirs and Assigns for ever and it is further witnessed that in consideration of the £156 to the said Bridget Laugher then paid by the said Joseph Smith the said Bridget Laugher (by the appointment of the said Ann Smith and at the nomination of the said Joseph Smith) did assign transfer and set over unto the said John Hughes the said Mill Messuage Land Hereditaments and Premises lastly above mentioned to hold unto the said John Hughes his Executors Administrators and Assigns for the residue of the said term of 1000 years in trust for the said Joseph Smith his Heirs and Assigns and to attend the Inheritance of the same premises
And reciting that by an Indenture of Demise by way of Mortgage bearing date on or about the 14th day of December 1795 and made between the said Anthony Smith (party to reciting and abstracting Indentures) then of Badsey aforesaid Miller (and therein described as one of the sons and a Devisee named in the will of the said Joseph Smith deceased) of the one part and William Ford of Bretforton in the said County of Worcester Maltster of the other part It is witnessed that in consideration of £300 to the said Anthony Smith then paid by the said William Ford he the said Anthony Smith did demise grant bargain sell limit appoint and confirm unto the said William Ford all and singular the said Mill Messuage Land and Premises comprised in the said first above recited Indenture of Mortgage of the 28th day of August 1747 and the assignment thereof to the said Bridget Laugher of the 12th day of October 1753 (save and except the piece of land called the Swan’s Nest) Together with all the Rights Members and Appurtenances to the same premises belonging to hold unto the said William Ford his Executors Administrators and Assigns from thenceforth for the term of 2000 years at the yearly rent of a peppercorn and subject to a proviso in the then reciting Indenture contained for making the same void on payment by the said Anthony Smith his Heirs Executors Administrators or Assigns unto the said William Ford his Executors Administrators or Assigns of the sum of £300 and Interest for the same after the rate and at the time therein mentioned
And reciting that by an Indenture bearing date on or about the 27th day of January 1813 and made between the said William Ford of the first part the said Anthony Smith (party to abstracting Indenture) of the second part the said Richard Hirons deceased then of Winchcombe aforesaid Gentleman of the third part John Hughes of Bristol Factor and Thomas Hughes of Evesham aforesaid Gentleman (Executors named and appointed in and by the last Will and Testament of the said John Hughes then late of Evesham aforesaid Gardener deceased) of the fourth part and the said John Mosley Gilbert Cheek of the fifth part after reciting the last above recited Indenture of Mortgage of the 14th day of December 1795 it is witnessed that in consideration of £300 to the said William Ford then paid by the said Richard Hirons in full for all principal and Interest due on the said recited Security the said William Ford by the direction of the said Anthony Smith (party to reciting and abstracting Indentures testified as therein mentioned) did bargain sell assign transfer and set over and the said Anthony Smith (party to reciting and abstracting Indentures) in consideration of the further sum of £200 to him then paid by the said Richard Hirons did demise grant ratify and confirm unto the said Richard Hirons All and singular the said Mill Messuage Land and Premises above mentioned and comprised in the last above recited Indenture of Mortgage of the 14th day of December 1795 to the said William Ford and all other the Messuages Lands and Tenements of the said Anthony Smith situate in Badsey aforesaid or in any Parish or place near or adjoining thereto with the Appurtenances to the same Premises belonging to hold to the said Richard Hirons his Executors Administrators and Assigns from thenceforth for the remainder of the said term of 2000 years discharged of the proviso contained in the said last above recited Indenture of Mortgage but subject to a Proviso in the then reciting Indenture contained for redemption and reassignment of the said premises on payment by the said Anthony Smith (party to reciting and abstracting Indentures) his Heirs Executors Administrators or Assigns unto the said Richard Hirons his Executors Administrators or Assigns of the sum of £500 and Interest for the same after the rate and on a certain therein mentioned and then long since past and after reciting the several Indentures and also the Will of the said Joseph Smith thereinbefore particularly mentioned and recited and further reciting that the said John Hughes in whom the said term of 1000 years was vested had departed this life in or about the year 1786 having first made his Will bearing date the 28th day of January 1779 whereby he appointed the said John Hughes (party thereto) and Thomas Hughes Executors who had proved the same in the Bishop’s Court of Worcester on the 25th day of February 1786 and that it was agreed on the treaty for the loan of the said £500 that the said term of 1000 years should be assigned to the said John Mosley Gilbert Cheek upon the trusts thereinafter declared It is by the said Indenture of the 27th day of January 1813 then in recital further witnessed that in consideration of 5 shillings to the said John Hughes (party thereto) and Thomas Hughes paid by the said John Mosley Gilbert Cheek the said John Hughes (party thereto) and Thomas Hughes at the request of the said Anthony Smith (party to reciting and abstracting Indentures) and at the nomination of the said Richard Hirons) did bargain sell assign transfer and set over unto the said John Mosley Gilbert Cheek All the aforesaid Mill Messuage Garden Land and Premises comprised in the said term of 1000 years and so assigned to the said John Hughes deceased by the therein and thereinbefore recited Indenture of the 10th day of November 1759 with the Appurtenances to hold the same unto the said John Mosley Gilbert Cheek his Executors Administrators and Assigns from thenceforth for all the residue of the said term of 1000 years upon trust in the first place for better securing to the said Richard Hirons his Executors Administrators and Assigns the said sum of £500 and its Interest and after payment thereof upon trust for the said Anthony Smith (party to reciting and abstracting Indentures) his Heirs and Assigns and to attend the Inheritance of the same premises
And reciting that the said Richard Hirons was dead having first made and duly published his last Will and Testament in writing bearing date the 11th day of September 1816 and thereof appointed the said Elizabeth Hirons then his wife and then his Widow together with Henry Smith and Edmund Smith which said Edmund Smith was also since deceased Executrix and Executors and on the 9th day of August 1817 the said Elizabeth Hirons above duly proved the same will in the Prerogative Court of the Archbishop of Canterbury and took upon herself the execution thereof
And reciting that by a Memorandum dated the 27th day of March 1816 endorsed on the last above recited Indenture of Mortgage to the said Richard Hirons the said Richard Hirons acknowledged to have received of the said Anthony Smith £100 in part of the said principal sum of £500 secured by the last mentioned Indenture of Mortgage so that there was then justly due and owing to the said Elizabeth Hirons as Executrix of the said Richard Hirons deceased the principal sum of £400 only all Interest having been paid to the day of the date of abstracting Indenture as the said Elizabeth Hirons did thereby acknowledge it was by abstracting Indenture of Release further witnessed that in further pursuance of the aforesaid agreement between the said Anthony Smith (party thereto) and John Thorp and for and in consideration of the sum of £400 to said Elizabeth Hirons paid by said John Thorp (at the request of said Anthony Smith (party thereto) testified by his being made a party to and executing abstracting presents) in full for all principal and Interest money due and owing to her the said Elizabeth Hirons as Executrix of the said Richard Hirons deceased from the said Anthony Smith (party thereto) on the above recited Security the receipt acknowledged etc She the said Elizabeth Hirons (at the request and by the direction of the said Anthony Smith (party thereto) testified as aforesaid Did bargain sell surrender and yield up unto the said John Thorp and his Heirs
All and singular the aforesaid Mill Messuage or Tenement Land and other the Premises comprised in the said Term of 2000 years created by the said Indenture of the 14th day of December 1795 and were part and parcel of the Hereditaments hereinbefore granted and released or intended so to be and which Premises were then vested at Law in the said Elizabeth Hirons for the residue of the same term in manner aforesaid with their Appurtenances And all the Estate etc
To the Intent that the Rest and residue then unexpired of the said term of 2000 years might from thenceforth merge and be extinguished in or be consolidated with the Reversion freehold and Inheritance of the same Hereditaments and Premises and that the same Premises thereby surrendered might be freed and discharged of and from the whole of the said Mortgage Debt or sum of £500 and the Interest thereof Covenant by said Elizabeth Hirons or her late husband the said Richard Hirons deceased to her knowledge had done no act to Incumber
And it was by abstracting Indenture of Release also witnessed that in order to carry the further intent and meaning of the parties thereto into effect and also in consideration of 10 shillings to said John Mosley Gilbert Cheek paid by said Will Byrch the receipt acknowledged He the said John Mosley Gilbert Cheek (at the request and by the direction of the said Anthony Smith (party thereto) and on the nomination of the said John Thorp testified by their respectively executing abstracting presents Did bargain sell assign and set over unto the said William Byrch his Executors Administrators and Assigns
All that the aforesaid Mill Messuage Land Hereditaments and Premises comprised in the aforesaid Term of 1000 years and in and by the said several above recited Indentures of the 28th day of August 1747 the 12th day of October 1753 the 9th and 10th days of November 1759 mentioned and described in and by the above recited Indenture of the 27th day of January 1813 assigned to the said John Mosley Gilbert Cheek for the residue of the said term of 1000 years in manner aforesaid with their and every of their Appurtenances And all the Estate etc
To hold the said Mill Messuage Land and Premises thereby assigned or intended so to be with their and every of their Appurtenances unto the said William Byrch his Executors Administrators and Assigns from henceforth for and during all the rest residue and remainder of the said term of 1000 years created by the said Indenture of the 28th day of August 1747 and last assigned to the said John Mosley Gilbert Cheek as aforesaid therein to come and unexpired nevertheless upon the trusts and for the ends intents and purposes thereinafter mentioned expressed and declared of and concerning the same (that was to say) In trust for the said John Thorp his Heirs and Assigns and to assign or otherwise dispose of the same Hereditaments and Premises or any of them as he or they should from time to time order and direct and in the mean time
In trust to permit the rest and residue of the said Term of 1000 years to wait upon and attend the freehold reversion and Inheritance of the Hereditaments and Premises comprised therein and thereby assigned or intended so to be as aforesaid so as to be subservient thereto and to protect the same from all mesne and intervening charges and Incumbrances (if any such there were or should be) Covenant by said John Mosley Gilbert Cheek that he had not Incumbered Lease executed by said Anthony Smith and attested and Release executed by all parties and except as to Elizabeth Hirons by two witnesses Receipts for £800 and £400 respectively signed by said Anthony Smith and Elizabeth Hirons endorsed on the said Indenture of Release signed and witnessed
11th and 12th January 1819 By Indentures of Release and Mortgage of these dates respectively and made between the said John Thorp of the [space – left blank] one part and Robert Lunn of Norton in the Parish of Norton and Lenchwick in the County of Worcester Gentleman of the [space – left blank] other part reciting the hereinbefore abstracted Indentures of the 1st and 2nd day of May 1818 and after reciting that the said John Thorp had since he became the purchaser of the Mill Messuage Lands Hereditaments and Premises of the said A Smith aforesaid had at a very great expense converted the said Mill into a Silk Mill and had erected a very large and substantial Brick building to be used as a Silk Mill nearly adjoining to the said Old Mill on part of the land called the Naite and had requested the said Robert Lunn to lend and advance him the sum of £1500 to enable him to complete the said Silk Mills erections and buildings and for his other occupations which he had agreed to do on half the repayment of the same sum with interest secured to him by a Mortgage of the said Mills Messuage together with the Bond or obligation of the said John Thorp intended to bear even date with the now abstracting Indenture in the penal sum of £3000 with a condition thereunder written for making the same void on payment by said John Thorp his Heirs Executors Administrators or Assigns unto the said Robert Lunn his Heirs Executors Administrators or Assigns of the sum of £1500 and interest for the same after the rate and on the days and times as were thereinafter appointed for payment of the said sum and its interest
It is by the now abstracting Indenture of Release witness that in consideration of £1500 to the said John Thorp in hand well and truly paid by the said Robert Lunn at or before etc the receipt acknowledged He the said John Thorp (by virtue and in pursuance and exercise of the power and authority so reserved and given to him by the above recited Indenture of Release and in exercise and execution thereof and of all and every other powers and authorities to him reserved and given in him vested or enabling him in that behalf
Did grant bargain sell alien release direct limit appoint and confirm unto the said Robert Lunn (in his actual possession then being and by virtue of Lease) and to his Heirs and Assigns
All that Water Corn Mill then lately used as Corn Mill but then converted into a Silk Mill (formerly called the two Water Mills with the Appurtenances) together with the Messuage Tenement or Dwelling House thereto adjoining and belonging and commonly called or known by the Name of Badsey Mills and all the Gear Stones Tools and Implements belonging to the same Mills and also all that piece or parcel of Garden Ground lying near the said Mills commonly called or known by the name of the Swan’s Nest being encompassed about with the Mill Pond and also all those two pieces or parcels of Meadow Ground lying near or adjoining unto the said Mills commonly called or known by the name of the Naite containing by estimation two acres or thereabouts be the same more or less being encompassed about by the Brook abutting Northward upon the Mill Bridge and Southward upon the floodgates Together with the Silk Mills then lately erected thereon by the said John Thorp near to the old Mill with the wheels machinery and appurtenances to the same belonging and also that one small piece or parcel of Ground used as a Garden lying near or adjoining to the said Mills having the Orchard formerly of Richard Badsey afterwards of the said Anthony Smith but then of the said John Thorp on the East and next therein and hereinafter described and a certain Ground called Stockey formerly in the possession of Clement Dingley afterwards of William Collett but then of [space – left blank] on the south side thereof And also all that other piece or parcel of Ground called the Orchard containing by estimation half an acre or thereabouts (be the same more or less) having a Close or Ground formerly of James Jarrett Esquire but then belonging to the perpetual Curate of Badsey for the time being [space – left blank] called the Little Stockey on the south side of the Barn and Lands formerly of Mrs Alice Byrne Widow but now [space – left blank] on the north side and the last described piece of land or Garden on the west side (over which said last mentioned piece of ground or part thereof there was then or formerly was a way or passage from the said Mills towards the Street and so back again) All which said Mill Messuage Lands Hereditaments and premises were situate lying and being in Badsey aforesaid in the said County of Worcester and then lately in the possession and occupation of the said Anthony Smith but then of the said John Thorp and James Atkins Together with all and singular Houses And the reversion etc And all the Estate etc
To hold the said Mill Messuage or Tenement Land Hereditaments and all and singular other the premises therein above mentioned and described and thereby granted released directed limited and appointed or intended so to be with their and every of their rights members and appurtenances unto the said Robert Lunn his Heirs and Assigns to the only proper use and behoof Of the said Robert Lunn his Heirs and Assigns for ever
Subject nevertheless to the proviso or condition for redemption and reconveyance of the said Mills Messuage etc thereinafter mentioned expressed and contained (that was to say) Proviso for making void abstracting presents and for reconveyance of the said Mills Messuage or Tenement Lands Hereditaments and Premises on payment by the said John Thorp his Heirs Executors or Administrators of the said sum of £1500 with interest for the same after the sale at the times and in manner Therein mentioned
Covenants by said John Thorp for payment of principal and interest that he was lawfully seized had good right to grant and demise for quiet enjoyment by Mortgagee after default free from incumbrances for further assurance and for insurance of said Mills etc from loss or damage by fire in the sum of £1500
And reciting that by the said Indenture of Release and Assignment of the 2nd day of May 1818 therein above recited a certain term of 1000 years created or demised of in and upon the Mills Messuage or Tenement Lands and hereditaments thereinbefore expressed to be thereby released and conveyed was by the said John Mosley Gilbert Cheek at the request and by the direction of the said Anthony Smith and on the nomination of the said John Thorp assigned to the said William Byrch his Executors Administrators and Assigns In trust to attend the Inheritance of the same premises
Declaration and Agreement by and between the said parties to abstracting presents and the said John Thorp did thereby direct that the said William Byrch his Executors Administrators and Assigns should stand and be possessed of the said term of 1000 years In trust for the said Robert Lunn his Heirs Executors Administrators and Assigns to the intent that the residue thereof might from thenceforth attend and go along with the freehold and inheritance of the Mills Messuage or Tenements Lands and premises thereinbefore expressed to be hereby granted released and conveyed for protecting the same from all mesne and intervening charges and incumbrances if any such there were in the first place for better securing the payment of said sum of £1500 and interest as aforesaid unto the said Robert Lunn his Executors Administrators and Assigns according to the true intent and meaning of abstracting presents and subject thereto In trust for the said John Thorp his Heirs and Assigns
Lease and Release executed by said John Thorp and attested by two witnesses and received for £1500 endorsed on the said Indenture of Release signed and witnessed
The following is a copy of a Memorandum endorsed on the back of the last abstracted Indenture of Release
I hereby acknowledge to have this day received of Mr Thomas Thorp the executor of the within named John Thorp deceased the sum of £1554 4s 10d being in full for all principal and interest money due and owing on the within security And I hereby undertake and agree for myself my Heirs Executors and Administrators to reconvey assign and transfer the said security and the hereditaments and premises within mentioned unto the person or persons who is or are or shall be entitled to the same hereditaments under the will of the said John Thorp deceased or to whom he she or they shall appoint at his her and their request and costs witness my hand this 9th day of December 1834
Robert Lunn
Witness W A Byrch Solicitor Evesham
29th June 1833 the said John Thorp by his will of this date constituted and appointed his brother of the half blood Mr Thomas Thorp of Overbury Gentleman to be his executor and Trustee and to him his Heirs Executors and Assigns Testator gave and bequeathed all his real and personal estate and effects of every sort or kind to hold upon Trust for the following purposes that was to say it was Testator’s desire and he thereby directed that the first money that came into the possession of his Executor from his effects that he or they did with it pay off and discharge a certain Mortgage there was on his freehold Estate at Badsey owing to Mr Robert Lunn of Norton and when so cleared he or they Testator’s Executor or Executors did hold that Estate its rents and profits distinct from Testator’s other estates and effects and receive the rents and profits and pay them to Testator’s natural daughter Elizabeth Thorp to her and to no one else but to Testator’s natural daughter Elizabeth Thorp for and during the term of her natural life such payment to commence to her the first Midsummer Day that should happen after she attained the age of 21 years her receipt from time to time only being my Executors discharge for the same
And after her decease or death Testator gave and bequeathed the said freehold estate at Badsey to the children of Testator’s natural daughter Elizabeth Thorp to them and their Heirs for ever provided she left any children or their issue living at the time of her death
Executed by said John Thorp and attested by three witnesses
21st May 1834 the said John Thorp by a codicil to his said will of this date reciting that in and by his said will he had appointed his dear brother Thomas Thorp sole Executor thereof and had appointed him to execute various trusts therein particularly pointed out but considering the uncertainty of human life and that his said brother might not live to see his dear children respectively attain the age of 18 years thereby nominated and appointed his dear brother Samuel Thorp an Executor and Trustee of his said will with the like powers and authorities and as fully and effectually to all intents and purposes whatsoever as if he had been originally appointed by his said will
Executed by the said John Thorp and attested by three witnesses
26th May 1834 the said Testator John Thorp departed this life
24th June 1834 the said will and codicil were proved by the said Thomas Thorp in the Prerogative Court of Canterbury power being reserved to make the like grant to the said Samuel Thorp
21st October 1834 the like grant was made to the said Samuel Thorp
5th February 1848 the said Thomas Thorp departed this life leaving the said Samuel Thorp his Co-Trustee him surviving [Note added after: Thomas Thorp died at Overbury and was buried there 5 Feb 1848]
28th April 1851 by Indenture of Reconveyance of this date made between Robert Lunn of Norton in the Parish of Norton and Lenchwick in the County of Worcester Gentleman of the one part and the said Samuel Thorp of the [space – left blank] reciting the hereinbefore abstracted Indentures of the 11th and 12th January 1819 and reciting the Will Codicil death and proof of Will and Codicil of the said John Thorp and reciting the payment of the said principal sum and the Memorandum hereinbefore abstracted And reciting that the said Robert Lunn the Mortgagee departed this life on or about the 6th day of February 1847 leaving the said Robert Lunn party thereto his eldest son and heir at law him surviving and having by his will dated the 7th day of July 1846 (which did not contain a devise of trust estates) appointed his sons the said Robert Lunn party thereto and William Lunn Executors who in the month of May following duly proved the same in the Consistory Court of Worcester and reciting the death of the said Thomas Thorp on the [blank] day of [blank] leaving his Co-Trustee him surviving and reciting that the said Samuel Thorp as such surviving Trustee as aforesaid had called upon and requested the said Robert Lunn party thereto as heir at law of his said father the said Robert Lunn the Mortgagee deceased to reconvey the said hereditmaents and premises comprised in the said thereinbefore in part recited Indenture of Mortgage unto him the said Samuel Thorp in manner thereinafter mentioned
It was by abstracting Indenture witnessed that in consideration of 10 shillings by the said Samuel Thorp to the said Robert Lunn party thereto the recital acknowledged etc He the said Robert Lunn party thereto so far as he lawfully could or might and according to his estate and interest in the said hereditaments and premises and not further or otherwise did by abstracting Indenture grant bargain sell release and convey unto the said Samuel Thorp his Heirs and Assigns
All and singular those the said Mills Messuage or Tenement lands hereditaments and premises thereinbefore particularly described and comprised in and granted released appointed or otherwise assured by the said Indenture of Release and Mortgage of the 12th day of January 1819 And all other the hereditaments if any comprised in the same Indenture with their and every of their rights members easements and appurtenances and the reversions etc and all the estate etc
To hold the said Mills Messuage land hereditaments and premises thereby granted and conveyed with the appurtenances unto the said Samuel Thorp his Heirs and Assigns and absolutely discharged of and from all principal interest and other monies intended to be secured by the said recited Indenture of Mortgage and from all claims and demands in respect thereof to the use of the said Samuel Thorp his Heirs and Assigns for ever But nevertheless upon the trusts intents and purposes in the said thereinbefore in part recited Will of the said John Thorp declared and contained of and concerning the said hereditaments and premises Covenant by the said Robert Lunn that he had not Incumbered executed by the said Robert Lunn and attested
30th July 1838 the said Elizabeth Thorp intermarried with and became the wife of Henry Thorp by whom she had four children and no more namely Eliza Thorp who was born on or about the 9th day of June 1839 Arthur Thorp who died in early infancy and in the lifetime of the said Elizabeth Thorp Frank Thorp who was born on or about the 23rd day of September 1842 and Fanny Thorp who died at the age of seven years or thereabouts and in the lifetime of the said Elizabeth Thorp
The said Henry Thorp having departed this life the said Elizabeth Thorp intermarried with Robert Mansel Stratton of Badsey aforesaid Gentleman by whom she had no issue
14th October 1853 the said Elizabeth Stratton (formerly Elizabeth Thorp) departed this life leaving the said Eliza Thorp and Frank Thorp her two children her surviving who are both alive and have attained the age of 21 years
[Space – left blank] The said Samuel Thorp departed this life
Dated 25th January 1864
Miss Eliza Thorp and Mr Frank Thorp to Mr William Parker
Conveyance of a Mill Messuage Lands and Hereditaments at Badsey in the County of Worcester called Badsey Silk Mill
This Indenture made the 25th day of January 1864 between Eliza Thorp late of Badsey in the County of Worcester and now of Swindon in the County of Wiltshire Spinster of the first part Frank Thorp late of Evesham in the said County of Worcester Drapers Assistant but now of Eynsham in the County of Oxford of the second part and William Parker the younger of Badsey in the said County of Worcester Farmer of the third part Whereas the said Eliza Thorp and Frank Thorp being seized in fee simple in possession free from all incumbrances of and in the Mills Messuage Land Hereditaments and premises hereinafter described and intended to be hereby conveyed caused the same to be put up for sale by Public Auction at the Northwick Arms Hotel Bengeworth in the said County of Worcester on the 12th day of October last at which sale the said William Parker agreed for and was declared the purchaser thereof at the sum of £490 Now this Indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of £490 sterling to the said Eliza Thorp and Frank Thorp in hand well and truly paid by the said William Parker the receipt of which said sum of £490 the said Eliza Thorp and Frank Thorp do hereby acknowledge and from the same and every part thereof do acquit release and discharge the said William Parker his Heirs Executors Administrators and Assigns for ever by these presents they the said Eliza Thorp and Frank Thorp do and each of them doth by these presents grant and convey unto the said William Parker and his Heirs All that Water Mill then formerly used as a Corn Mill but since converted into a Silk Mill (formerly called the two Water Mills) together with the Messuage Tenement or Dwelling House thereto adjoining and belonging and commonly called or known by the Name of Badsey Mills and all the Machinery Gears Stones Fixtures and Implements now in and belonging to the same Mills and also all that piece or parcel of Garden Ground lying near the said Mills commonly called or known by the name of the Swan’s Nest being encompassed about with the Mill Pond and also all those two pieces or parcels of Meadow Ground lying near or adjoining unto the said Mills commonly called or known by the name of the Naite containing by estimation two acres or thereabouts be the same more or less being encompassed about by the Brook abutting Northward upon the Mill Bridge and Southward upon the floodgates together with the Silk Mills formerly erected thereon by the one John Thorp deceased near to the Old Mill with the Wheels Machinery and Appurtenances to the same belonging and also that one small piece or parcel of Ground used as a Garden lying near or adjoining to the said Mills having the Orchard formerly of Richard Badsey afterwards of Anthony Smith since of the said John Thorp and afterwards of the said Eliza Thorp and Frank Thorp and recently sold by them to the Dean and Chapter of Christchurch on the East and a certain Ground called Stockey formerly in the possession of Clement Dingley and afterwards of William Collett but now of the perpetual curate of Badsey aforesaid on the south side thereof And also all that Cottage Stable and other buildings erected and built and now standing upon some part of the above described land All which said Mills Messuage Cottage Lands Stable Hereditaments and premises are situate lying and being in Badsey aforesaid in the County of Worcester and were formerly in the possession of the said Anthony Smith afterwards of the said John Thorp and James Atkins since of Jonathan Thorp then of Messieurs Maddocks but now or late of William Tymbs and others and partly void together with all Houses Edifices Buildings Appurtenances Barns Stables Yards Gardens Orchards Commons Trees Hedges Fences Ways Paths Passages Waters Watercourses Liberties Easements Profits Commodities emolumnents appurtenances whatsoever to the said hereditaments and premises hereby conveyed or any part thereof belonging or in anywise appertaining and the reversion and reversions remainder and remainders yearly and other rents issues and profits thereof And all the Estate interest property claim and demand whatsoever both at law and in equity of them the said Eliza Thorp and Frank Thorp and of each of them in to and out of the same Mills Messuage Lands hereditaments and premises and every part thereof To have and to hold the said Mills Messuage Cottage lands hereditaments and all and singular other the premises hereby conveyed or intended so to be with the appurtenances unto the said William Parker his Heirs and Assigns to the use of the said William Parker his Heirs and Assigns for ever And the said William Parker doth hereby declare that his widow (if any) shall not be entitled to dower out of the said hereditaments and premises or out of any part or parts thereof And each of them the said Eliza Thorp and Frank Thorp doth hereby for herself and himself and her and his respective Heirs Executors and Administrators covenant with the said William Parker his Heirs and Assigns that notwithstanding any act or thing by the said Eliza Thorp and Frank Thorp or either of them done or knowingly or willingly suffered to the contrary they the said Eliza Thorp and Frank Thorp or one of them now have or hath in themselves or herself and himself full power to grant and convey the said Mills Messuage hereditaments and premises unto and to the use of the said William Parker his Heirs and Assigns for ever in manner aforesaid And that it shall be lawful for the said William Parker his Heirs and Assigns at all times hereafter quietly to hold and enjoy the said Mills Messuage hereditaments and premises hereby conveyed or intended so to be with their appurtenances and to receive the rents and profits thereof to and for his and their own use and benefit without any claim or demand of or by the said Eliza Thorp and Frank Thorp or either of them or the Heirs of them any person or persons claiming under or in trust for them or either or any of them and that free from all incumbrances occasioned or suffered by the said Eliza Thorp and Frank Thorp or either of them their or either of their Heirs or by any person or persons claiming under or in trust for them or either or any of them And that they the said Eliza Thorp and Frank Thorp and each of them and the Heirs of them and of each of them and all other persons claiming any estate or interest at law or in equity in or out of the said Mills Messuage hereditaments and premises under or in trust for the said Eliza Thorp and Frank Thorp or either of them or the Heirs of either of them will at all times hereafter upon the request and at the costs of the said William Parker his Heirs or Assigns make and perfect all such further and other acts and assurances for the further and more perfectly assuring of the said hereditaments and premises and every part thereof with their appurtenances unto and to the use of the said William Parker his Heirs and Assigns in manner aforesaid as by the said William Parker his Heirs or Assigns or his or their Counsel in the Law shall be reasonably devised and required In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written
Eliza Thorp
Frank Thorp
Wm Parker
Signed sealed and delivered by the within named Eliza Thorp and Frank Thorp in the presence of
Herbert New
of Evesham Solicitor
Tho Slatten
Solicitor Stratford upon Avon
Signed sealed and delivered by the within named William Parker in the presence of
Tho Slatten
Received on the execution hereof from the within named William Parker the sum of £490 the consideration money within mentioned to be paid by him to us
Eliza Thorp
Frank Thorp
Witnesses
Herbert New
Tho Slatten