| Description | Parties. 1. William Fitzherbert of Norbury county of Derby Esq., 2. William Lewen of Ludham county of Norfolk LL. D. and Mary his wife, William Fitzherbert of Tissington co. Derby Esq son and heir of Elizabeth Fitzherbert dcsd., Richard Congreaue of Stretton co. Stafford Esq and Anne his wife, John Millward (alias Milward) of Rossiter co. Stafford Gent and Katherine his wife.
Sealed and delivered (transcript): William Fitzherbert of Norbury; also a memorandum "sealed and delivered by all the other parties abovesaid at several times and in presence of several witnesses".
Witnesses: Ambrose Phillipps, Thomas Orme, Henry Seile junior.
Covenant by Party 1 to keep harmless party 2 from certain claims (v. infra) in consideration of the Release hereby made by Party 2 to him of their claims on an estate created by Decree of Chancery 27 November 1652 issued in consequence of a case between 1. Sir Edward Leche Kt dcsd during his life and thereafter William Leche Esq his son and heir, 2. the parties to these presents, in the manors of Hathersedge Overpadley [Over Padley], Netherpadley [Nether Padley], county of Derby and divers other lands, the parties to these presents being interested as follows - William Fitzherbert of Norbury as heir male of Sir Anthony Fitzherbert Kt late Justice of Common Pleas, Dr William Lewen, Richard Congreave and John Millward in right of their wives, William Fitzherbert of Tissington as heir to his mother Elizabeth sister and coheir with the afsd wives of Sir John Fitzherbert late of Norbury Kt dcsd by virtue of a trust created between 1. Sir John Fitzherbert and 2. William Fitzherbert of Norbury in the premises. Party 1 undertakes to keep harmless Party 2 from several recognisances and to reimburse them for all costs incurred in the case to date, as follows - Dr William Lewen from a Recognisance of £1500 by him and party 1 to William Leche Esq for securing £400 per annum rent under the Decree, and from a Bond in £200 by them to one John Sanders Gent for payment of £100 at a day to come, and from a Bond in £400 by them and Richard Congreave and William Fitzherbert of Tissington for the payment of £200 to one Mr Gerrard at a day now past, and to pay Lewen £500 for his expenses and his claim in the estate, Richard Congreave from a Bond in £400 entered to Mr Gerrard, and to pay him £150 for his costs and claim; William Fitzherbert of Tissington from a Bond in £400 to Mr Gerrard for the payment of £200, and to pay him £100 for his claim; John Milward to be paid £100 for his claim.
English
Mark: Q. p. 15 31 May 1653 Doctor Lewen & others/release to/Mr Fitzherbert of Norbury. |