Nowell Bargain and Sale 1754

Nowell Bargain and Sale of 1754

Lancashire Archive DDHE 113/20

This Indenture Quadrupartite Made the Second Day of August in the Twenty Eighth year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the faith etc and in the year of our Lord one Thousand Seven Hundred Fifty Four Between Alexander Nowell of Read in the County of Lancaster Esquire of the first part Nicholas Fazakerley of Lincolns Inn In the County of Middlesex Esquire of the Second part Thomas Starkie and Henry Smith both of Preston in the said County of Lancaster Gentlemen of the third part and Richard Heber of Marton in the County of York Esquire and George Allanson of Adlington in the said County of Lancaster Esquire of the fourth part Whereas the said Alexander Nowell is minded to suffer a Common Recovery of the Manor Capital Messuage Demesne Lands Messuages Cottages Mills Lands Tenements Rents Fair Market Tolls and Hereditaments hereinafter mentioned to be hereby granted and released and the same being Mortgaged unto the said Nicholas Fazakerley and his heirs in the Sums of Three Thousand Pounds and Four Hundred and Fifty Pounds and Interest due? the said Nicholas Fazakerley hath agreed to join with the said Alexander Nowell in making Tenants in such Comon Recovery and in declaring the uses thereof in manner hereinafter mentioned Now this Indenture Witnesseth that for the Docking barring cutting of and Destroying all Estates Tail and Remainders of and in the Manor Capital Messuage Demesne Lands Messuages Cottages Lands Tenements Rents Fair Market Tolls and Hereditaments hereinafter mentioned to be hereby granted and released and in Consideration of the sum of Five Shillings aPiece of Lawful Money of Great Britain unto the said Alexander Nowell and Nicholas Fazakerley in hand well and truly paid by the said Thomas Starkie and Henry Smith at or before the Sealing and Delivering of these Presents Have and each of them Hath granted bargained Sold Released and confirmed and by these Presents Do and each of them Doth grant Bargain and Sell release and confirm unto the said Thomas Starkie and Henry (Smith) in their actual possession now being by virtue of a Bargain and Sale to them thereof made by the said Alexander Nowell and Nicholas Fazakerley for One whole year by Indenture bearing date the ? Day next before the Day of the date hereof and actually executed before the Execution of these presents and by Force of the Statute made for transferring uses into possession and to their Heirs and assigns All that the Manor or Lordship of Read in the said County of Lancaster with its rights Members and appurtences and all that Capital Messuage or Mansion House called Read Hall with the Demesne and Demesne Lands and other Lands and Grounds thereunto belonging now in the possession – of the said Alexander Nowell and of Thomas Walmesley Nicholas Isherwood William Shackleton John Aldred Henry Carter Thomas Greenwood John Hitchen Edmund Riley and Jeoffrey Bayley ( as Tenants or farmers under the said Alexander Nowell ) or some of them their or some of their undertenants and all those Several other Messuages Cottages Lands Tenements and – Hereditaments of him the said Alexander Nowell situate lying and being in Read aforesaid now or late in the Several or other Tenures or occupations of the said William Shackleton Thomas Greenwood John Hitchen and Edmund Riley and of William Hayhurst William Wade George Dearden Robert Law Thomas Hargreaves Henry Whitehead Thomas Higgin John Greenwood Thomas Spencer John Lonsdale Robert Bailey John Hodson and Widow Mitchell or some of them their or some of their assigns or undertenants and all that Messuage and Tenement called Moreton or Morton and the several Closes and Parcels of Land thereunto belonging or therewith usually occupied or enjoyed Situate lying and being at Whalley in the said County of Lancaster now or late in the Tenure or occupation of Lawrence Whittaker as Tenant or farmer thereof or his undertenants and all those Several Messuages Cottages Lands Tenements and Hereditaments of him the said Alexander Nowell situate lying and being in Great Harwood in the said County of Lancaster now or late in the Several or other Tenures or Occupations of William Bentley Lawrence Walmesley Richard Aldred Izarel (?) Ryley James Birtwisle George Duckworth William Mercer William Wilkinson William Birtwisle John Hoyle Peers Wolstenholme Robert Hindle John Duxbury Thomas Mercer William Emmott (?) Abraham Shawe Christopher Hindle George Haworth Henry Baron Jane Giles Edward Hodgson William Standen James Hindle William Hodgson John Dugdale John Leeming Margaret Hindle Thomas Winsloe Seth Haddock Thomas Roberts Thomas Mercer Alexander Mercer Daniel Bentley Mr(?) John Fielden and Robert Cunliffe some of them their or some of their assigns farmers or undertenants and also one third part the whole in three parts to be divided of the Manor or Lordship of Great Harwood in the said County of Lancaster with its rights to Members and appurtenances and also all that one Fair yearly and every year kept or held upon the Tenth day of August within Great Harwood aforesaid and also all that one weekly Market kept or held or to be kept and held upon every Thursday within Great Harwood aforesaid together with all Tolls dues and duties thereunto belonging or which are usually had taken or received at or upon account of the said Fair or Market or either of them and also all that or those the Burgage or Burgages tenement and Tenements of  him the said Alexander Nowell situate lying and being in Clitheroe in the said County of Lancaster now or late in the Tenure or occupation of Mr Lawrence Robinson or his undertenants and all and Singular the Messuages Burgages Cottages Mills Kilns Lands Tenements Closes Parcels of Land Rents and Hereditaments Situate lying and being or arising in Read Whalley Great Harwood and Clitheroe aforesaid and in Simonstone in the said County of Lancaster or elsewhere in the same County wherein the said Alexander Nowell now hath or wherein Roger Nowell of Read aforesaid Esquire Deceased ( late Grandfather of the said Alexander Nowell ) at the Time of his Death had any legal or equitable Estate of Inheritance in possession Reversion Remainder or Expectancy in whose Tenures or occupations so over the same or any of them are or be and all Houses Outhouses Edifices Buildings Barns Stables yards orchards Gardens Lands Meadows Pastures Feedings? Woods underwoods Mines Delfs Quarries Courts Leet Court Baron Perquisites and profits of Courts Fines Amerciaments Forfeitures Waifs Estrays Goods and Chattles of Felons and Fugitives and of Felons of themselves Deodands Escheats Piscaries Fishings Royalties Franchises comons waste Moors Mosses Liberties Easements profits Priviledges Comodities advantages Hereditaments and appurtenances whatsoever to the said Manor Capital Messuage Demesne Lands Messuages Cottages Mills Lands Tenements Rent Fair Market tolls and Hereditaments or any part or parts thereof belonging or in any wise appertaining or therewith usually occupied or enjoyed or accepted reputed taken or known to be part parcel or Member thereof and the Revertion and Revertions Remainder and Remainders yearly and other Rents Issues and profits thereof or thereunto incident belonging or in any wise appertaining and all the Estate right Title Interest use Trust Property Claim and demand whatsoever both at Law and in Equity of them the said Alexander Nowell and Nicholas Fazakerley and of each and either of them of in unto or out of the same to Have and to Hold the said  Manor or Lordship the said third part of the said Manor and the said Messuages Burgages Cottages Mills Kilns Lands Tenements Rents Fair Market Tolls Hereditaments and all and Singular other the Premises herein before granted and released or mentioned or intended so to be and every  part thereof with their and every of their appurtenances unto the said Thomas Starkie and Henry Smith their Heirs and assigns To the use of them their Heirs and assigns forever To the Intent Nevertheless that the said Thomas Starkie and Henry Smith may be perfect Tenants of the Freehold of the said Manor and Premises so that a good and perfect Common Recovery may be thereof duly had suffered and executed in manner hereinafter expressed and for that purpose it is Covenanted declared and agreed by and Between the said Parties to these presents that it shall and may be Lawfull to and for the said Richard Heber and George Allanson or the Survivor of them at the proper Costs and Charges of the said Alexander Nowell and his Heirs Executors and Administrators to sue forth and prosecute out of the Court of Chancery for the County Palatine of Lancaster Against the said Thomas Starkie and Henry Smith or the  Survivor of them one or more Writ or Writs of Entry Sur disseizin in ? Post returnable as of the next or some other Subsequent assizes thereby demanding against them or the survivor of them the said Manor Third part of the said Manor Capital Messuage Demesne Lands Messuages Cottages Mills Lands Tenements Rents Fair Market Tolls Hereditamants and all and Singular other the Premises herein below granted and released or mentioned or intended so to be by the Name or Names of the Manor of Read with the appurtenances and Seventy Four Messuages one water Corn Mill one Dove House Seventy Four Gardens Seventy Four Orchards Five Hundred Acres of Land Three Hundred Acres of Meadow Eight Hundred acres of Pasture Forty Acres of Wood Four Hundred Acres of Moor Two Hundred Acres of Moss Three Hundred  Acres of Furze and Heath Twenty Shillings rent Comon of Pasture for all Cattle and common of Turbary with the appurtenances in Read Great Harwood Simonstone Whalley and Clitheroe and also the third part of the Manor of Great Harwood with the appurtenances and the Fair Market and Tolls within Great Harwood aforesaid or by such other Names Numbers of acres Quantitys and Qualities of Land and other descriptions as shall be advised or thought proper and will effectually comprise the same To which said Writ or Writs of Entry the said Thomas Starkie and Henry Smith or the Survivor of them shall appear Gratis in their or his Persons or Person or by their or his Attorney or Attorneys thereunto lawfully Authorized and vouch to warranty the said Alexander Nowell who shall also appear Gratis in his proper person? or by his Attorney or Attorneys thereunto lawfully Authorized and enter into Warranty of the said Manor and Premises and afterwards to Vouch over the Comon Vouchee who shall appear and Imparle? And afterwards make default so that a good and perfect Comon Recovery may be thereof duly had suffered and executed according to the  usual course of common Recoveries for assurance of Land in such Cases used in the said County Palatine of Lancaster And it is hereby declared and agreed by and between all and every the said Parties to these presents for themselves and their Several Heirs that the said Comon recovery so as aforesaid or in any other manner to be had and suffered shall be and enure? And shall be adjudged deemed and taked to be and enure? And the recoveror or recoverors named or to be named therein and his or their Heirs shall from and after the perfecting the said Recovery stand and be Seized of and in the said Manor and Premises to and for the Sole and only proper use and behoof of the said Nicholas Fazakerley his Heirs and assigns forever and for no other use Intent or purpose whatsoever Subject Nevertheless to the proviso of Redemption hereinafter contained that is to say Provided always and these presents are upon this Condition and it is the true Intent and meaning of the Parties hereunto that if the said Alexander Nowell his Heirs or assigns do well and truly pay or cause to be paid unto the said Nicholas Fazakerley his Executors administrators or assigns at or in the Comon Hall or Dining Room in Lincolns Inn aforesaid called Lincolns Inn Hall on the second day of February next ensuing the date hereof the said Principal Sums of three Thousand Pounds and Four Hundred and Fifty pounds and the Interest already due and hereafter in the mean time to become due for the same without Deduction or abatement thereout for or in respect of any Parliamentary or other Taxes Charges assessments or Impositions or any other matter cause or thing whatsoever Then upon such payment made as aforesaid the said Nicholas Fazakerley his Heirs or assigns shall and will at the reasonable request and at the proper Costs and Charges of the said Alexander Nowell his Heirs or assigns convey the said Manor and Premises and every part thereof with the appurtenances unto the said Alexander Nowell his Heirs or assigns unto such person or persons as he or they shall for that purpose direct Free and Clear from all Incumbrances of the said Nicholas Fazakerly his Heirs or assigns anything herein before contained to the Contrary thereof in any wise Notwithstanding And Lastly it is hereby declared and the said Nicholas Fazakerley doth hereby Covenant and agree to and with the said Alexander Nowell that until default be made in Payment of the  said Sums of Three Thousand Pounds and Four Hundred and Fifty Pounds and the Interest due and to become due for the same at the time and Place hereinbefore appointed for payment thereof contrary to the true Intent and meaning of these presents It shall and may be Lawful to and for the said Alexander Nowell his Heirs and assigns peaceably and Justly to have hold and enjoy the said Manor and Premises and to receive and take the rents and profits thereof to and for his and their own use and Benefit without the Let Molestation or Disturbance of the said Nicholas Fazakerley his  Executors administrators or assigns and without any account to be given to him them or any of them touching or concerning the same In Witness whereof the said Parties to these presents have hereunto Interchangeably set their Hands and Seals the Day and year first above written.

Alexr. (seal) Nowell

Nich: (seal) Fazakerley

Sealed and delivered by the within Named Alexander Nowell in the Presence of Nic: Starkie Thomas Wade Servt. to Mr Nowell Sealed and delivered by the within Named Nicholas Fazakerley in the Presence ——- Simon Hook Servt. to Mr Fazakerley Robt Boutton