|Content Description||First Party: Charles Howard [11th] Duke of Norfolk.|
Second Party: Bernard Edward Howard [later 12th Duke of Norfolk], esquire of Glossop, Derbyshire and of Fornham Street, Genevieve, Suffolk.
Third Party: Henry Charles Howard [later 13th Duke of Norfolk], esquire of Fornham Street, Genevieve, Suffolk and son of (2).
Fourth Party: Henry Silverlock, barrister at law of Chichester.
Fifth Party: James Harting, gentleman of St James's Square in the parish of St James, Westminster, Middlesex.
Sixth Party: Henry Howard, esquire of Corby Castle, Cumberland; and Thomas Wybergh, esquire of Clifton Hall, Westmorland.
In pursuance of the recited agreement of (1), (2) and (3), and for barring all estates tail and all remainders and reversions of the property intended to be granted and released, which are subsequent to the uses in the recited indentures of release dated 11 Jun. 1767, or otherwise limited to the benefit of the first and subsequent sons of (1).
Lease and release from (1), (2) and (3) to (4) for the joint lives of (4) and his assigns of the following property:
In Yorkshire: Sheffield castle; the manors of Sheffield, Colley [Cowley], Woorrall, Ecclesfield, Treaton, Handsworth and Highfield; the rectories and tithes of Sheffield, Ecclesfield and Tickhill; the advowson of the parish churches of Handsworth and Treaton; Sheffield market with all shops, stalls, cellars, tolls, profits and so on; property in Sheffield, Ecclesfield, Broadfield [Bradfield], Tickhill, Colley, Woorall, Attercliffe, Whiston, Treaton [Treeton], Gilthwaite, Todwick, Gleadleys [Gleadless], Hallam, Hallamshire, Fulwood, Healey, Darnalls, Braitwell, Brightside, Osgathorpe, Handsworth, Highfield, Handsworth Woodhouse, Bawtry, Osterfield and Rotherham;
In Sussex: Bramber and Lewes castles; the manors of Bramber, Lewes, Steyning, New Shoreham, Madehurst, King Barnes, Bidlington, Shinglecrosse, Blackhurst, Old Shoreham, Roughey, Warminghurst, Ashington, Chankton, Storrington, Kingsforde, and the manor or reputed manor of Peppering; the manors of Littlehampton and Tottington not vested in the trustees to be sold; the baronry, bailiwick and rape of Bramber with all fines, fees and privileges; the rape of Lewes; the boroughs of Horsham, Steyning, Shoreham and Bramber with all court leets, barons and so on; the clerkship of the market within the boroughs of Bramber and Lewes; property and lands in Bougnor [Bognor Regis], Boufuey, Barsteed, Arundel, Steyning, Hersham [Surrey?], Rusper, Warminghurst, Ashington, Washington, Weston [Surrey?], Bunckton [Buncton], Thakeham, Storrington, Rudgwick, Billingshurst, Slingold, Pulborough, West Chillington, Warnham, Cranley [Cranleigh], Rowsper, Leominster [Lyminster], Patching, Warningcampe. Littlehampton and Burpham [in most cases tenant and boundary details are provided]; the hundreds of Shinglecrosse, Fishergate, Burbeach and Brightford; several coppices of woods in the several parishes of Leominster, Poleing [Polegate?], Augmering, Burpham, Wepham and Warmingcampe; the rectories of Steyning with tithes belonging; the modus for the tithe portion from Court Farm in the parish of Beeding; and the advowsons of the following churches or rectories: Steyning, Warminghurst, Thakeham and Storrington.
In Nottinghamshire: Worksop manor and the manor house; the priory manor of Worksop and the dissolved priory; Worksop Park; the rectories of Worksop and Harworth with glebe lands and tithes; property in Kilton, Worksop, Gateford, Sloweswick [Sloswicks], Ratcliffe, Radford, Thelton, Clumber and Worksop Park; the manors and property of Worksop and its hamlets including Radford, Gateford, Gilton, Wells, Woodset, Harworth, Shireoaks, Kilton, Radcliffe, Steetley, Darfold [Darfould], the Latches, Claworth, Sloswicks, Hulton[?] and Clumber.
In Derbyshire: property in Whitwell.
In Norfolk: the honour of Fornecott; a number of manors including the manors of Forncett, Kenninghall, Lopham, Banham, Boyland in Brissingham, Lancaster, Shelfanger, Fryers, Shelfhanger Hall, Ditchingham, Harleston, Earsham, Redenhall, Harston, Alburgh cum Wortwell, Denton, Rushall, Langmere cum Lincroft and Cockham; the hundreds of Guildecross, Freebridge, Gallow and Brothercross; the half hundred of Earsham; Lopham Park; the fairs of Harleston, Kenninghall and Banham; property in Shelfanger, Brissingham, Kenninghall, Fairesfield, Lopham, Forncett, St Peter Forncett, Banham, Ditchingham, Harleston, Earsham, Redenhall, Sturston, Alburgh, Wortwell, Denton, Langmere, Mendham [Suffolk], Needham, Dickleburgh, Yelverton, Great and Little Peringland, and also property in Norwich.
In Suffolk: the manors of Bungay, Soke Bungay, Priory Bungay, Burgh and North Hales in Wrentham; the fair of Bungay with all liberties, tolls, profits and so on; and property in St James South Elmham, Bungay, Mittingham, Skip Meadow, Wrentham and South Elmham.
In Middlesex: a capital messuage in St James's Square in the parish of St James, Westminster, known as 'Norfolk House'; and property in St James and St Clement Danes.
In Surrey: Guildford castle, the manors of Dorking, Buckham and Newdigate; the advowson of Dorking church and vicarage; property in Dorking, Capel, Betchworth, Newdigate, Mickleham, Guildford, Charlwood and Leigh; and Shelwood Manor House in the parish of Leigh.
All property is now legally seized by (1) for an estate of freehold for life; property to be granted and released is vested in Wybergh and Vincent Henry Eyre in trust to be sold; all the property is still unsold except for the manor of Horsham [Sussex] with all property and rights belonging.
All property with all rights and appurtenances has been granted to (4) for the joint lives of (1) and (4) so that (4) will become the 'perfect tenant of the Freehold' in order that 9 or more common recoveries may be suffered; declaration that it is lawful for (5) to sometime during the present Michaelmas Term to sue forth from the Court of Chancery 9 or more writs of entry for the property in Yorkshire, Sussex, Nottinghamshire, Norfolk, Norwich, Suffolk, Derbyshire and Surrey; (4) is to vouch over to warranty the common voucher of the Court of Common Pleas for (3) to recover the property of (4) and to recover in value against (3) and the against the common voucher.
Property is to be held to (1) for life, and to (6) during the life of (1) on trust to support the contingent remainders; after the death of (1) in tail male, and in default of male issue to (2) for life; after the determination of the estate for the life of (2) by forfeiture, to the use of (6) for life during the lifetime of (2) on trust to preserve the contingent remainders; after the death of (2) to the use of persons specified, subject to specific provisos.
Includes various specified uses concerning the property including conditions relating to the use if (1) and (3) should survive (2); includes proviso for (3) to appoint to any woman he takes as his wife the yearly sum of £2000. to be payable immediately after the decease of (3) and the decease and failure of male issue of (1).
Recitals: (a) details of an indenture of lease and release dated 10-11 Jun. 1767; (b) details of a further indenture of lease and release dated 10-11 Jun. 1767; (c) details of an indenture of lease and release dated 15-16 Sep. 1767; (d) details of an indenture of lease and release dated 23-24 Oct. 1769; (e) no conveyance or settlement has been made by William [2nd Wentworth] Earl of Strafford in pursuance of the trusts of the last recited deed poll; (f) fact that Edward [Howard, 9th] Duke of Norfolk purchased from Robert Edward [Petre, 9th Baron] Petre property in Norfolk by lease and release dated 22-23 Mar. 1771; (g) no settlement was made by Richard, Earl of Scarborough in pursuance of the last recited indenture and the term of 200 years is still subsisting; (h) details of an indenture dated 23 Mar. 1771; (i) details of an indenture of lease and release dated 7-8 May 1777; (j) details of an indenture of lease and release dated 29-30 Aug. 1755; (k) details of an indenture of lease and release dated 17-18 Jan. 1777; (l) Edward [9th] Duke of Norfolk died in 1777 without issue, and on his decease his successor was Charles Howard the elder [10th Duke of Norfolk] and Charles Howard the younger was known as the Earl of Surrey [later 11th Duke of Norfolk]; (m) details of an indenture of lease and release dated 11-12 Mar. 1778; (n) details of an act of parliament dated 24 George III for enlarging and regulating Sheffield market; (o) fact that (1)'s father [10th Duke of Norfolk] died in 1786 withou any issue other than (1);
(p) fact that (1) firstly married Mary Ann [Mariana] Coppinger who died without issue, and in 1771 he remarried Frances Fitzroy Scudamore; (q) details of an act of parliament dated 32 George III for the exchange of land between (1) and his wife in Yorkshire, Nottinghamshire and Derbyshire; (r) fact that William [2nd, Wentworth] Earl of Strafford succeeded his co-trustee Richard, Earl of Scarborough and then died in 1791 leaving Richard William Howard Vyse an infant, and Lady Ann Conolly and Henry Vernon, esquire his co-heirs at law; (s) an exchange was agreed between (1) and Francis Ferrand Foljambe for lands and property in Stourton [Lincolnshire?] and Worksop; (t) details of an act of parliament dated 42 George III for vesting propety in Sheffield and the detached parts of the settled estates of (1) [see Ne 6 D 2/47/9 for details]; (u) greatest part of the property by the act recited at (t) above were vested in Thomas Wybergh and Vincent Henry Eyre in trust; (v) details of an act of parliament dated 45 George III for vesting property in Sheffield and for the enfranchisement of certain copyhold and customary lands in Norfolk, Suffolk and Sussex [see Ne 6 D 2/47/10 for details]; (w) greatest part of the property by the act recited at (v) above were vested in Wybergh and Eyre in trust; (x) details of an act of parliament dated 50 George III for exchanging part of the fee simple of the estates of (1) in Surrey, Sussex and Middlesex for part of the settled estates in Yorkshire, and for vesting property in Yorkshire, Sussex, Middlesex and Nottinghamshire [see Ne 6 D 2/47/12 for details];
(y) greatest part of the property recited by the act at (x) above were vested in Wybergh and Eyre in trust; (z) details of an act of parliament dated 54 George III for exchanging parts of the settled estates of (1) for fee simple estates in Surrey and Sussex and for a further exchange of property with Charles Goring [see Ne 6 D 2/47/14 for details;
(aa) fact that (1) has no issue by his current wife; (bb) Henry Howard of Sheffield died in 1787 leaving his eldest son, (2), to survive him and that (2) married Lady Elizabeth Belayse in 1789 and has one son, (3); (cc) (3) has reached his majority and is now tenant in tail male in remainder expectant on the death of (1) and (2) and the failure of male issue of (1); also details of various uses set out in previous indentures; (dd) (1), (2) and (3) have agreed that common recoveries of the property should be suffered subject to several specified uses.
Endorsed as being a true copy of the original examined by Nath[aniel] Taynton and Henry Lawrence on 11 Jun. 1839.