Loan from Rev. Henry Rix to Francis Wright

Contents

Introduction

The following Indenture dated April 23^rd 1718 records a loan of £30 made by the Rev. Henry Rix to Francis Wright. No rate of interest is specified, although the sum to be repaid is £30 10s. The implication is that the interest is 10s p.a.
This mortgage is in the form used at the time whereby there is a “bargain and sale” from borrower to lender, with a “nevertheless” clause stating the terms under which the mortgage can be redeemed.

The Indenture

This Indenture made the three & twentieth day of April in the fourth year of the reigne of our Sovereign Lord George by the grace of God of Great Brittain, France & Ireland, King, Defender of the Faith etc, Anno Domini one thousand seven hundred & eighteen,
Between
– Francis Wright of Deopham in the County of Norfolk, Yeoman, of the one part &
– Henry Rix of Wramplingham in the County aforesaid, Clerk, of the other part
Witnesseth that for & in consideration of the full & just summ of thirty pounds of lawfull money of Great Brittaine by the said Henry Rix unto the said Francis Wright at & before the sealing & delivery of these presents well & truly in hand paid, the receipt whereof the said Francis Wright doth confess and acknowledge & thereof does hereby acquitt & discharge the said Henry Rix, his Executors, Administrators & Assignes for ever & for divers other good & valuable causses & considerations, he the said Francis Wright have demised, granted, bargained & sold & by these presents doth demise, grant, bargain & sell unto the said Henry Rix, his Executors & Administrators
All that Messuage or Tenement wherein Philip Cushion & Margaret Royall, Widow, now dwell, situate & being in Deopham aforesaid with all the Outhouses, yards, gardens & Orchards thereunto belonging,
And also all that inclose of land or pasture called the Long Pightle containing by estimation two Acres & an half, whether the same be more or less, now divided into two pieces whereof one is plowed, situate, lying & being in Deopham aforesaid between the land of the Mannor of Shadwells in the Copyhold tenure late of Mary Porter, Widow, now of Edmund Wright on the part of the west & the common pasture of Deopham aforesaid on the part of the East & abutting upon the Common Pasture of Deopham towards the South, & upon the land of the Mannor of Buryhall towards the North;
And all other the Messuages, houses, lands, tenements & hereditaments whatsoever of him the said Francis Wright lying & being in Deopham aforesaid, or in any other town or townes thereto next of near adjoining with their & every of their rights, members, proffits, privileges & appurtenances whatsoever, & the Reversion & Reversions, Remainder & Remainders of all & singular the premises & all his estate, right, title, use, interest, claim & demand whatsoever of, in & to the same
To have and to hold the said Messuages, lands, tenements & premisses hereby demised, granted, bargained & sold or herein or hereby meant, mentioned or intended to be demised, granted, bargained & sold & every of them & every part & parcell thereof with their appurtenances unto the said Henry Rix, his Executors, Administrators & Assignes from the day of the date hereof for & during the full time & term & untill the end & expiration of one thousand yeares thence next ensuing, fully to be compleat & ended
Yeilding and paying therefore unto the said Francis Wright, his heirs & Assignes one pepper corn upon the Feast day of S^t Michael the Arch Angel, yearly & every year for & during the said term, if the same shall be demanded;
Provided always & upon condition nevertheless that if the said Francis Wright, his heirs, Executors, Administrators or Assignes shall & doe well & truly pay or cause to be paid unto the said Henry Rix, his Executors, Administrators & Assignes at or in the now dwelling house of the said Henry Rix situate in Wramplingham aforesaid, the full & just summ of thirty one pounds & tenn shillings of lawfull money of Great Brittain upon the three & twentieth day of April which shall be in the year of our Lord one thousand seven hundred & nineteen without any deduction for Taxes, Assessments or any other matter or thing whatsoever,
Then & from thenceforth this present Indenture & the demise grant, bargain & sale hereby made of the premisses & every article, matter & thing whatsoever on the part of the said Francis Wright, his heires, Executors, Administrators or Assignes to be performed shall cease, determine & be utterly void & of none effect whatsoever. This present Indenture or any thing herein contained to the contrary thereof in any wise not withstanding,
And the said Francis Wright, for himself his Executors, Administrators & Assignes & every of them do hereby covenant, grant & agree to & with the said Henry Rix, his Executors, Administrators or Assignes the said summ of thirty one pounds & tenn shillings in the provisoe or condition aforesaid mentioned upon the day & at the place in & by the provisoe or condition aforesaid limited & appointed for the payment thereof;
And the said Francis Wright doth further for himself, his Executors & Administrators covenant, grant & agree to & with the said Henry Rix his Executors, Administrators & Assignes that the said Messuage, lands & premises & every of them now are & from & after default shall be made in payment of the said summ of thirty one pounds & tenn shillings contrary to the intent & meaning of these presents shall remain, continue & be unto the said Henry Rix, his Executors, Administrators & Assignes free & clear & freely & clearly acquitted & discharge of & from all manner of former & other gifts, grants, bargains, sales, statutes, judgements, dowers, right & title of dower , thirds, estates, titles, charges & incumbrances whatsoever had, made, done, created, executed or suffered or to be had, made, done, created, executed or suffered by him the said Francis Wright or by any other person or persons whatsoever lawfully claiming or deriving title by, from or under him the said Francis Wright or by, from or under any other person or persons whatsoever;
And lastly that the said Francis Wright, his heirs & Assignes & all others whatsoever lawfully claiming or deriving title in or to the said Messuages, lands & premises or any part thereof shall & will from time to time & at all times hereafter upon request at his own proper costs & charges make, doe, execute & suffer or cause or procure to be made, done, executed & suffered all & every such further deeds, conveyances & assurances in the Law whatsoever fir the corroborating the estate & interest of him the said Henry Rix of & in the said Messuages, land & bargained premisses (subject nevertheless unto the provisoe or condition aforesaid) as by the said Henry Rix, his Executors, Administrators or Assignes or their Councell learned in the Law shall be reasonably devised, advised & required.
In Witness whereof the parties avoce said have to these present Indentures interchangeably set their hands & seals the day & year first above written.

Transcription © G. Sankey

Confirmation of receipt by Francis Wright

Redemption of the Mortgage

This mortgage was still outstanding at the time of Henry Rix’s death so his Executrix, Mary Crosse his sister, had to redeem the loan. Details of that transaction are here.

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Date	Change
19/3/25	Published – IMG_20240418_123652