| Content Description | First Party: Edward [Howard, 9th] Duke of Norfolk.
Second Party: Charles Howard the younger, esquire of Greystock, Cumberland [later 11th Duke of Norfolk], son and heir apparent of Charles Howard the elder.
Third Party: Henry Howard, esquire of Sheffield, Yorkshire.
Fourth Party: John Buckle, gentleman of Castle Yard, London.
Fifth Party: Richard Heron, esquire of Lincoln's Inn, Middlesex.
Sixth Party: Richard [Lumley-Saunderson, 4th] Earl of Scarbrough and William [Wentworth, 2nd] Earl of Strafford.
Seventh Party: Sir Philip Musgrave of Eden Hall, Cumberland; Sir Robert Throckmorton of Buckland, Berkshire; Thomas Gifford, esquire of Chillington, Staffordshire; and Thomas Eyre, esquire of Hassop, Derbyshire.
Eighth Party: Thomas [Osborne, 4th] Duke of Leeds; Marmaduke Langdale, esquire of Holme, East Riding of Yorkshire; and William Constable, esquire of Burton Constable, Yorkshire.
By virtue of an indenture of release bearing even date, release from (1) to (4) of the following property:
In Yorkshire: Sheffield castle and the various manors of Sheffield, together with all demesne lands and property, including mines and collieries, thereto belonging; all corn and hay tithes from the parishes of Sheffield; advowsons of Handsworth, Treaton and Whiston; with all other property held of (1) in Sheffield and the surrounding area.
In Sussex: Noemans Lands with all appurtenances; the castles and manors of Bramber and Lewes; the barony and bailiwick of Bramber and the Rape of Lewes; various specified boroughs, with all courts and the clerkship of the market in Bramber and Lewes; lands in the parishes of Littlehampton and Tottington; the hundred and manor of Shinglecross; and any other property of (1) or his brother.
Property to be held to the use of (4) to become the perfect tenant of the freehold in order that several common recoveries may be suffered; fact that it will be lawful for (5) to sue for several writs of entry for the property described above; declaration that several common recoveries with double voucher are to be brought to the use of (1); and that (5) will be the demandant and be seised of the property stated in the recoveries.
Property is to the use of (1) for life in tail male, and in default of any issue to the use of (7) for the term of 300 years; after the expiry of the term to the use of (8) for the life of (2)'s father, and then to (2) in tail male; in default of issue to (3) under the same conditions; in default of any issue as directed, to the use of Henry [Howard, 12th] Earl of Suffolk in tail male; in each case is the estate is forfeited, to the use of (6) in trust to preserve the contingent remainder.
Declaration that the term of 300 years held in trust by (7), entitles them to enter all of the property on the death of (1) and no surviving issue, and to receive all rents and profits to allow for payment of costs and charges; further trusts specified for (7) regarding the maintenance of the property, felling of timber and so on.
Numerous provisos stated, including: proviso that the term of 300 years granted in trust to (7) will be void when anyone reaches the age of 21 and is entitled to take possession of the above property; an annual sum of £1000. is to be paid to (8) for the life of (2)'s parents on trust to dispose as directed; if (2) should die without male issue before his father, then any residue is to be placed on government securities; provision made for a dower for (1)'s wife charged on the property above, and for any future wives; provision made for any future borrowing by (1) and the power to grant annuities.
Recitals: (a) succession details as to the title Duke of Norfolk, as set out in the will of Thomas [Howard, 8th] Duke of Norfolk, and brother of (1); (b) fact that the manor of Worksop and other property in Nottinghamshire, Norfolk, Suffolk, Gloucestershire, Middlesex and Norwich is to be conveyed; (c) (1) is subject to certain limitations as set out in a marriage settlement dated 12 May 1709; (c) desirable that all conveyances will be lawful, but certain powers to be reserved of (1) in tail; (d) fact that most of the property, excepting Gloucestershire, have been the estates of his ancestors, and that the future of the title should be secured for (2)'s father in tail male; (e) if not successful in tail male to the successors of (3) in strict settlement; (f) failing all that, to Henry, Earl of Suffolk; (g) fact that on the execution of the settlement, (1) will convey the manor of Sheffield, and agreed by (2) by lease and release bearing even date by virtue of 6 or more common recoveries; (h) fact that the property specified is to be settled to various stated uses.
Endorsed as being a true copy and examined with one part of the original, dated 19 Dec. 1770.
P 41 onwards is a copy of the deed poll endorsed on the second skin of the indenture of eight parts bearing date 11 Jun. 1767. |