Berry farm mortgage and redemption 24 years later in 1672
Source 37M73 AE/T1 Winchester PRO
R.Roberts
R.Towner 20th March 1996
With major amendments and additions from P. Eley January 2001
The following precise concerns the mortgage of Berry farm about two kilometres to the east of Grange farm when William Hawkesworth borrowed £200 from William Collins using the farm as surety. The interest on the loan was charged at 8% per annum which was the highest rate allowed by law at this time. The document goes on to say how the house will be divided into two after the final sale. Why Hawkesworth had to borrow money initially, why he had to go all the way to Corhampton to find a lender and why the house was resold in later years for the original sum is unknown. It has been suggested that he may have been a family friend or otherwise have been connected to the family.
“This indenture made the 30th day of September in the year of the reign of our Sovereign Lord Charles II —— in 1672. Between Robert Watts of Bury in the Parish of Alverstoke in the County of Southampton yeoman and Elizabeth Watts daughter of the said Robert Watts by Elizabeth Watts his first wife, one of the daughters and co-heirs of William Hawkesworth late of Bury aforesaid yeoman dec~d of the one part, and Richard Mathis of Gosport in the Parish of Alverstoke aforesaid in the County aforesaid Mariner and Sarah his wife one other of the daughters and co-heiress of the said William Hawkesworth of the other part.
Witnesseth that whereas the said William Hawkesworth in his life time by his deed bearing date the 30th July in the 14th year of the reign of our late Sovereign Lord King Charles I of blessed memory Anno Dn~i 1638 and made between the said William Hawkesworth of Bury aforesaid in the County aforesaid yeoman of the one part and William Collins of Corhampton in the County aforesaid esquire of the other part for the consideration of the sum of £200 of lawful money of England therin expressed did give grant bargain sell alien enfeoff and confirm unto the said William Collins and his heirs forever all that his scite and messuage called Bury and Creeds situate and being within the Hamlet of Bury or elsewhere within the Parish of Alverstoke aforesaid, together with all and singular houses, outhouses, orchards, gardens, lands, tenements, meadows, leasures, pastures, marishes, feedings, woods, underwoods, comons, commodities and appurte~nces thereunto belonging or in any wise appertaining then in the tenure of the said William Hawkesworth his assignee or assignees, to have and to hold the said scite and messuage and all and singular the said lands, tenements and premises with th’appurte~nces unto the said William Collins and his heirs forever. To the onely use and behoofe of the said William Collins and his heirs and assignees forever. And whereas in the said deed there is a provis~on or condition contained for the redemption of the premises upon payment of the sum of £248 of lawful money of England at and within the dwelling house of the said William Collins situate in Corhampton aforesaid at the dayes and times and in manner and forme therein mentioned, that is to say in and upon the 1st day of August which should be in the year of our Lord 1639 the sum of £16 and in and upon the 3rd day of August which should be in the year of our Lord God 1640 the sum of £16 and in and upon the 5th day of August 1641 the sum of £216 in full payment and satisfaction of the said £248 that then the said deed and every clause therein contained and the seizin thereupon delivered or executed should cease and be utterly void and of none effect. As in and by the said deed and provisoe or condition therein contained relacon being thereunto had more at large it may appear.
Which said sum of £248 was not fully paid to the said William Collins at the days, times and place in the said Provisioe of Redemption limited for the payment thereof.
By reason and means whereof the said scite messuage and other the premisses and the whole estate right title and interest of the said William Hawkesworth of in and to the same premisses became forfeited unto the said William Collins and he thereby was lawfully interested and possessed in the same premisses and every part thereof, to him the said William Collins and to his heirs and assignees forever.
And afterwards the said William Collins by his deed bearing the date the 5th November in the 15th year of the reign of our Sovereigne Lord Charles II and made between the said William Collins of the one part and the said Robert Watts, William Mudge and Mary his wife and the said Richard Mathis and Sarah his late wife of the other part for the consideration of £200 of lawfull money of England to him the said William Collins in hand paid by the said Robert Watts for and on behalf of the said Elizabeth his daughter by the said Elizabeth his late wife and by and with the consent direction and appointment of the said William Mudge and Mary his said wife, Richard Mathis and Sarah his said wife, testified by being parties to the said deed made between them did give grant bargain sell alien release enfeoffe and confirm unto the said Richard Watts his heirs and assigns forever all the aforesaid scite messuage lands tenements and all and singular other the aforesaid recited premisses and every part and parcell thereof with their and evry of their rights members and appurtanances subject to the equitable redemption by the aforesaid heirs of the late William Hawkesworth.
Now this indenture witnesseth.
Whereas the said Robert Wattes and Elizabeth his daughter and the said Richard Mathis and Sarah his wife with full consent and with advice of their neighbours and friends (to wit) John Woodman of Bury, John Hobbs of the Parish of Alverstoke and John Chamberlaine of Privet, yeoman have made an equal partition of the scite, messuage, lands, tenements and p’misses into 2 equal parts. One moity to Richard Mathis and Sarah and the heirs of Sarah forever. One other moity to Elizabeth Watts the daughter and her heirs forever as the only surviving coheirs.”
[The deed goes on to describe the exact division of the buildings and lands between the two parties]