RepositoryCheshire Record Office
ReferenceDDS 18/12
TitleCopy of Decree in Chancery
Date27 Nov 1652
DescriptionCopy of Decree in Chancery, franked Will. Goldesbrough deputy register

Decree by consent of parties 1. William Leche Esq plaintiff 2. William Fitsherbert of Norbury Esq, William Lewen LL. D. and Mary his wife, Richard Congreav Esq and Anne his wife, William Trentham Esq and Katherine his wife, William Fitsherbert of Tissington Esq, Giles Chapman; in settlement of a dispute concerning the manors of Hathersedge, Over Padley and Nether Padley revived by the present plaintiff after the death of his father Sir Edward Leche Kt dcsd, late Master of Chancery who brought it into Chancery by his Bill praying relief from a Fine and Recovery of his estate in the premises (created by a conveyance in 39 Elizabeth - 1596-7 - by Thomas Fitzheberte to William Leighton Esq, from whom Sir Edward had purchased at a great expense) suffered by reason of a verdict against him at Common Law upon a claim by Sir John Fitzherbert, now dcsd, that the sd conveyance was invalid being by virtue of a Fine levied in 32 Elizabeth -- 1589-90 -- by Thomas Fitzherberte in order to make himself tenant in fee simple in an estate created in 16 and 20 Elizabeth -- 1573-4 and 1577-8 -- by Sir Thomas Fitzherbert Kt then seised in fee who in consideration of a marriage between Thomas Fitzherberte son and heir of John Fitzherbert brother and heir of Sir Thomas and Elizabeth daughter of John Westby Esq, conveyed the premises to Uses, including a part set aside for jointure of Elizabeth, of himself remainder John for life remainder Thomas for life in tail remainder Sir Thomas in fee. (Thomas's Fine in 32 Elizabeth broke the entail). The decree ordains that in pursuance of an agreement made at an earlier stage of the case but never carried out whereof the purport was that Sir John Fitzherberte should pay Sir Edward Leche the principal sum and damages, which Sir Edward had paid for the purchase of the estate, discounting what Sir Edward had received out of the issues, 1. both parties before the end of Hillary tern next to levy a Fine of the premises both those recovered under the afsd verdict and those which remain in the plaintiff's hand, and the plaintiff to suffer a Recovery of the premises at the same time, the Fine and Recovery to be to the Use of the Plaintiff and his heirs to the end that he may stand seised in fee simple; 2. William Leche thereupon to convey by 1 March next the premises to Sir John Evelyn of Godstone, county of Surrey, Kt, Richard Hatton of the Middle Temple London, Esq, and Ambrose Phillipps Gent, late servant of Sir Edward Leche, to the Use of securing payment of a yearly rent of £400 to William Leche for term of 3 years payable in the Common Dining Hall of Creyes Inne county of Midd', thereafter to Use of Evelyn, Hatton and Phillipps in Trust a. to permit the defendants Lewen and Fitzherberte of Norbury to receive the issues of the premises in order to make the sd. annual payments and to take such wood from the premises as is needed for building repairs and the smelting of lead in any lead mill to be built thereon, and b. if the defendants within 3 years or by 26 March 1656 shall pay to Leche or these Trustees £11,000 the Trustees are to convey the premises to the Use of the Defendants but in default of such payment then to Else of the Plaintiff the Defendants then being debarred; 3. in order to secure the yearly rent of £400 to the Plaintiff the Defendants William Fitzherberte of Norbury and Doctor William Lewen are to enter into Recognisances to the Plaintiff in £1500, and the yearly rent is to terminate upon payment of the £11,000.

Mark: Q. m. 12. Leche agt Fitzherbert/Decree by Consent/27th November 1652.

N.B. Written inside the front leaf (p.2) in Secretary Hand - "For his very loveinge freind".
Physical DescriptionPaper: 6 sheets folded once, 24pp each 7½" wide by 12", watermark, text runs pp. 3 - 22, paginated 1 - 20.
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