RepositoryCheshire Record Office
ReferenceDDS 18/3
TitleCopy of Indenture 3-part
Date20 Apr 1654
DescriptionParties. 1. William Leche of Shipley county of Derby Esq., 2. William Fitzherbert of Norbury county of Derby Esq., 3. Sir John Evelyn of Godston county of Surrey Kt, Richard Hatton of the Middle Temple London Esq, Ambrose Phillipps of Grayes Inn county of Middlesex Gent.

Signed and sealed (transcript): William Lech, John Evelyn, Richard Hatton, Ambrose Phillipps.

Witnesses of sealing and delivery: Robert Hatton, Hames Hargreave, Henry Kniveton, Benjamin Taylor.

Agreement concerning certain conveyances scheduled (v. infra) to be made in pursuance of several acts recited (v. infra) by virtue of which Party 3 now stand seised in Trust to uses of William Fitzherbert of Norbury and William Leche; in order that £11,000 may be raised by sale of premises scheduled, and paid to Party 1 before 10 November 1654 by Party 2 and Basil Fitzherbert. In consideration of £5,000 already paid and £6,000 to be paid by November 4 by Party 2 to Party 1, all the parties agree to join in the deeds of sale scheduled and to be made before 10 November and Party 3 is then to stand seised of the residue to the use of Party 2. In default of the payment of £6,000, Party 3 is to hold the residue in trust for Party 1, and Party 2 is to be debarred (v. also agreement under item 13 of scheduled conveyances infra). Party 2 to continue to pay rent of £400 per annum to Party 1 until £6,000 has been paid, whereupon the rent terminates.

Acts recited; a Decree in Chancery 27 November 1652 in a case between William Leche plaintiff and William Fitzherbert of Norbury, William Lewen LL. D. and Mary his wife, Richard Congrave Esq and Ann his wife, William Trentham Esq and Katherine his wife, William Fitzherbert of Tissington, Giles Chapman, defendants, concerning the manors and lordships of Hathersedge, Over Padley and Nether Padley with all their rights members and appurtenances in the county of Derby, with the messuages lands and tenements of William Leche in the townships villages hamlets and parishes of Hathersedge, Over Padley, Nether Padley, Grindleford, Coates, Thornell, Leam, Darwent, Castleton, Bradwell, and Auferton, county of Derby, which were all Bargained and Sold in Indenture enrolled in Chancery 2 November 1637 (13 Chas I) between 1. the late Rt. Hon. Phillipp earl of Pembroke and Montgomery dcsd, Sir Benjamin Ruddierd, and Sir Robert Pye, Kts, and 2. Sir Edward Lech Kt dcsd late father of William Leche; also an Indenture 4-part 1 December 1652 between 1. William Leche, 2. William Fitzherbert of Norbury, Dr William Lewen and his wife, Richard Congrave and his wife, Katharine Trentham widow (William Trentham having died), William Fitzherbert of Tissington, Giles Chapman, 3. Ambrose Phillipps, Henry Kempt Gent, 4. Sir John Evelyn, Richard Hatton, wherein it is agreed that the Recovery prescribed in the Decree shall be to the use of William Leche and that the Acknowledgees of the Fine and the Recoverers of the Recovery are to stand seised of the premises to the use of William Leche in trust for his conveyance of them to Trustees by 1 March next to Uses there specified; and also an Indenture 17 February 1652 in pursuance of the afsd Decree and Indenture, between 1. William Leche and 2. Evelyn, Hatton, and Phillipps, being a Bargain and Sale in consideration of 5s. of all the premises in Trust that they should stand seised to convey them to such persons as are specified in the 4-part Indenture and this Indenture for carrying out Trusts specified there; and also an Indenture 31 May 1653 between 1. William FitzHerbert of Norbury and 2. the rest of the defendants in the Decree named except Giles Chapman, Katherine Trentham appearing here by name of Katherine Milward together with John Milward Gent her now husband, which recites the Decree and the disputes it concerns, and in which it is agreed that Party 1 should have the sole use and benefit of the estate and Party 2 should release all their right therein for considerations there specified.

Conveyances scheduled to be made by 10 November next, of the following parts of the afsd estate; 1. a messuage in Bradwall called Peter Marshalls Farm occupied by Nicholas Howe, to Hugh Edwards. 2. a messuage in Hathersedge occupied by Thomas Marshall and a cottage called Goostree Farme, to the sd Thomas Marshall. 3. a messuage in Hathersedge and a close called Birley occupied by Steven Fox and Adam Fox, to Edward Allen, Gent. 4. a messuage called Knowle Yate occupied by Thomas Howe and another occupied by Jane Frost and Dionize Eyre widow, to John Tyme. 5. a messuage called the Yate Howe occupied by Thomas Brittlebanke, to the sd Thomas. 6. a messuage called Brookebooth in the parish of Castleton occupied by Edward Hattersley, to Francis Howe. 7. a messuage occupied by Francis Brownell and Ann Brownell widow, to Peter and Francis Thomazin. 8. a messuage in the parish of Castleton occupied by Ellice Poynton, to the said Ellize. 9. a messuage called Over Hurst occupied by Thomas Skinner, to the sd. Thomas. 10. a messuage called Bridgburyes Farme in Castleton, occupied by Thomas Bridbury, to Rowland Eyre Gent. 11. certain parcels of land and a messuage occupied by Katherine Eyre widow, to the sd Katherine. 12. certain messuages farms and land called the Netherhurst occupied severally by Robert Barlowe and Thomas Barlowe Gents and Thomas Booking clerk, and others occupied by Thomas Worrall, John Greene and one Thomas Marshall and Lawrence Fox, to Thomas Bright. 13. Closes meadows and pastures in Over Padley occupied severally by Emor Champney, Ann Lucas, Thomas Grundy, Henry Brand, Richard Silvester, Nichclas Heald, Nicholas Chapman, Robert Drabble, William Knowles, and Humphrey Siddall; which conveyance (No.13) is intended as a mortgage whereof a defeasance is to be made to William Fitzherbert of Norbury, wherefor Party 1 agree that if Party 2 default in payment of £6,000 to Party 1 the defeasance is to be to the use and benefit of Party 1.

Mark: Q. q. 16 Aprill 24 1654/ A Tripartit Indenture between/ William Lech Esqr &c/ And/ William Fitzherbert Esq.
Physical DescriptionPaper: 12 sheets 12" wide by 15".
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