|Content Description||First Party: Edward, Earl of Oxford and Earl Mortimer; and Henrietta Cavendish Holles, Countess of Oxford and Mortimer (his wife).|
Second Party: Rt Hon. John Verney, Esq., Master of the Rolls; Robert Harley of Lincoln's Inn, Middlesex, Esq.; and James West [of Lincoln's Inn, Middlesex, Esq.].
Covenant by (1) to levy a fine to (2) of the capital messuage of Down Hall, Essex and lands enjoyed therewith in the parishes of Hatfield Broad Oak alias Hatfield Regis, Matcham and Sheering, upon trust for sale, applying the income from the property to discharging the mortgages and incumbrances affecting it and thence in satisfying the general debts of the Earl.
Joint appointment by (1) to (2) under the powers of the 1737 trust:
To convey and assure the house occupied by (1) in Dover Street, Middlesex after their deaths upon the uses and trusts declared in 1737 in respect of property in Middlesex.
Of the remainder of the Middlesex property and shares in the New River Waterworks, upon trust for sale, applying the proceeds to settle the 1737 debts and thence to satisfying the 1740 debts (see below).
Derbyshire, Nottinghamshire and Lincolnshire properties, and those in Northumberland until the Countess makes an appointment under powers given her in the 1737 trust deed, after paying (1) the sums mentioned in the 1737 trust deed for their personal and household expenses, etc., to pay interest and arrears on the 1737 debts and discharge the annuities to Mr and Mrs Noel and to John Murray, thence upon the trusts declared concerning them in the 1737 deed.
If the sale proceeds of the Middlesex estate and the New River stock, and money arising and to arise from sales of estates in Herefordshire, Shropshire, Radnorshire, Cambridgeshire and Essex is insufficient to clear the debts then the remaining debts may be secured on the Derbyshire, Nottinghamshire and Lincolnshire estates. Northumberland, subject to the payment of £20000 to the Duke of Portland [for the marriage portion of the Duchess] to remain vested in (2) upon such trusts as the Countess shall appoint.
Bargain and sale by the Earl to (2) of all plate, jewellery, books, manuscripts, medals, household goods and furniture, etc. in trust for the separate use of the Countess to answer for the sums paid from her estate to settle his debts (see recitals to the deed). (2) to stand possessed of this property, and any money arising from the sale of it, plus the warrant of attorney by the Earl to confess judgment in £93110 7s 2½d [i.e. for his 1740 debts under the usual formula in these cases of the judgment being double the sum in question] to such uses as the Countess shall appoint, and upon trust to use any money arising in the purchase of lands to be settled to the use of the Countess, her heirs and assigns, etc. as specified.
Recites the 1737 trust deed (Pl F3/3/42), subsequent deeds and agreements, the sale of the Wimpole estate to Lord Hardwicke for £86740, the redemption of the Gowland mortgage of 1723, the transfer of the Noel annuity (Pl F3/2/20) from the Cambridgeshire to the Nottinghamshire estates, debts of the Earl not listed in the schedules to the 1737 trust deed, the expenses of the trustees in fitting up a house in Marylebone to house the Harleian Library and employment of servants to look after it and the intended assignment of the collection plus a warrant of attorney to confess judgment to secure the payment from the Earl's estate to that of his wife of monies expended by her trustees on his behalf.
Schedule of debts and annuities as attached to the 1737 trust deed.
Schedule of sums claimed by creditors in 1737 (£246389 7s 3¼d), on which there were unquantified arrears of interest.
Schedules of additional debts of £46555 3s 7¼d, and of further annuities.
Schedule of mortgages taken out by the trustees to defray debts in the first schedule (£80600).