RepositoryCheshire Record Office
ReferenceDDS 18/11
TitleCopy of Indenture 3-part
Date11 Nov 1654
DescriptionCopy of Indenture 3-part, certified true copy by Robert Bill and Thomas Hall

Parties: 1. William Leche of Shipley county of Derby Esq., 2. William Fitzherbert of Norbury county of Derby Esq., 3. Sir John Evelyn of Godstone county of Surrey Kt, Richard Hatton of the Middle Temple London Esq, Ambrose Phillipps of Grayes Inne county of Middlesex Gent.

Signed (and sealed) in transcript: William Leche, John Evelyn, Rich. Hatton, Ambrose Phillipps.

Witnesses for Leche and Phillipps, Tho. Buck, Robert Byckerton, Cromwell Meverell, and for Evelyn, John Evelyn, William Snipson, Robert Byckerton, and for Hatton, Robert Hatton.

Agreement, in pursuance of Indenture 3-part 20 April 1654 between the same parties which recites a Decree in Chancery 27 November 1652 in a case between William Leche plaintiff and William Fitzherbert, Dr William Lewen and his wife, and others, defendants, and also recites several conveyances made in pursuance of the Decree to Sir John Evelyn, Richard Hatton and Ambrose Phillipps of an estate in the manors and lordships of Hathersedge, Over Padley and Nether Padley with all their rights and appurtenances and all William Leche's lands and tenements in the townships, villages, hamlets and parishes of Hathersedge, Over Padley, Nether Padley, Grindleford, Cotes, Thornell, Leam, Darwent, Castleton, and Auferton, county of Derby created by conveyance of 2 November 1637 (13 Chas I) by 1. The Rt. Hon. Phillipp earl of Pembrok and Mountgomerie, Sir Benjamin Ruddierd and Sir Robert Pye, Kts, to 2. Sir Edward Leche Kt dcsd late father of William Leche, which several conveyances were to the Uses a specified in the Decree; that whereas William Fitzherbert has defaulted in payment to William Leche of £6,000 outstanding from a sum of £11,000 mentioned in that Indenture whereby Evelyn, Phillipps and Hatton under the terms of the Decree stand seised in Trust in the premises to the Use of William Leche, and in consideration of £2,600 paid to Party 1 by Party 2, Party 1 grants that Evelyn, Hatton and Phillipps within one month may join in any deed with Leche and the Fitzherberts for the sale of lands as listed (v. infra), and that upon payment of £3,400 residue of the £6,000 by the Fitzherberts to Leche by 10 May next the Trustees are to stand seised to use of William Fitzherbert but in default then to Use of William Leche.

Lands listed to be so sold - the manor or reputed manor of Nether Padley with appurtenances; the capital messuage called Nether Padley Hall; and grounds called the Sun Crofte, Washer Crofte, the Pallace, the Wyndfarce, and the Doe Crofte, occupied by Rowland Swan; a messuage and the grounds called the Pye Hey, the Grimsey Meadowes, and the Rushiepiece, held by Thomas Brushfield; a messuage and the grounds called The Crofts and the Miler Holme, held by Richard Masland; a messuage and the grounds called The Orchard and the Greenegate Meadowe held by Anthony Bedferne; a messuage or tenement with appurtenances held by Nicholas Chapman; a close called the Great Close; a messuage and close belonging to it called the Tenn Shillinges Close held by William Knowles; closes called The Hough, the Rye Close, the Buckcarrs; a cottage and intake and the Bawdison Crofte held by Rowland Swann; a cottage held by Raph Masland; messuages farms and cottages severally held by Adam Kirke, Dennis Bawdison, Alice Hodgkinson, Dorothy Balison, Thomas Warrington, Thomas Byngley, and William Knowles; a cottage and intake held by Henry Brushfield; a cottage and croft held by Robert Brightmore; and "all that Millston Edge called Todgresse"; all of which lie in Nether Padley, Hope, and Hathersedge, and are to be conveyed to Robert Ashton and his heirs. 2. messuages farms and lands called the Netherhurst held severally by Robert Barlowe and Thomas Barlowe Gents and Thomas Booking Clerk, and others held severally by Thomas Worrall, Lawrence Fox, John Greene and one Thomas Marshall, to Ann Bright and her heirs. 3 messuages farms and tenements in Alfretton held severally by Raph Glossope, Joseph Wilson and Abraham Robinson, to Raph Glossope. 4. a messuage in Alfretton held by John Lee and Richard Glossope, to John Lee. 5. a messuage at Leam held by one William Middleton, to him. 6. messuages and farms called the Michellfield and the Calowe severally held by Thomas Heaton and Hugh Hodgkinson, to Anthony Bright. 7. a messuage at Grindleford Bridge held by Nicholas Heald, to William Capps. 8. a close called the Broome Hey now held by Andrew Barker, to Robert Eyre Esq. 9. a messuage farm or tenement at Grindleford Bridge held by Anthony Redfearne, to Thomas Chapman.

The proceeds from these sales to be devoted to raising the sum owing to Leche.

Mark: Q. r. 17 11 Nov 1654 Hathersedg' & Padley/Mr Leech & the Feoffies/ Tripartite deed the 11th/ of November 1654.
Physical DescriptionPaper: 7 sheets 12" wide by 19½".
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