| Description | Covenant 20 Jun. 1683 1. Lionell Walden, Huntingdon, Esq. 2. James Fairclough, London, Dr. of Physick; John Lowe, Chancery Lane, gent; and Sylvester Petyt, Barnards Inne, gent. Recites: 1) Demise of 14 Jan. 1662 from Henry English to George, late Duke of Albemarle, of Manor of Upton. 2) Interest of Duke in estate conveyed to 2. to be re-conveyed to English on payment of £2,756 which has not been paid. 3) In Trinity Term 1668, Richard Thorne obtaining judgement against Henry English for £400 costs and 80/- costs of suit and a unit if Elegit having been prosecuted and executed. 4) Thorne exhibited his Bill in Chancery against the Englishes and against Fairclough and Petyt and asked that on payment of what should appear due to the defendants named in the said bill they might assign their mortgage and such security they had of the premises to Richard Thorne. Petyt and Fairclough declared themselves willing to assign as court directed. 5) Death of Richard Thorne. Suit revived by Thomas Rocke, his exor., and John Lowe made a party thereunto. 6) 1., since commencement of said suit has purchased the Manor of Upton from the Englishes, and has paid to Fairclough and Petyt the money due to them from the Englishes. 7) 2., not willing to transfer their interest in the said Manor until the said suit is determined, but 1., having asked 2. to convey their respective interests they have done so, 1. having promised to defend them from all costs. Now because 2. have, at request of 1., conveyed their respective interests in and to the said Manor with apps. to John Foche, citizen and draper of London, and John Cropper, London, gent, and to Hercules Horsey(?), citizen and cloth worker, London, 1. covenants with 2. to defend them against the said Thomas Rocke and every other person claiming profit by the before-mentioned judgement, and from all costs and proceedings which 2. may suffer by reason of the said suit in Chancery. Enclosed: 1) Covenant 22 Apr. 1685 1. Thomas English, London, Esq. 2. Henry English, London, Esq., bro. of 1. Recites: 1. having obtained against 2. one or more judgements in the King's Courts at Westminster. Now 1. for 5/- from 2., covenants with 2. that the said judgements shall not encumber any premises of 2. in Upton and that 2. may hold such lands untroubled by 1. Endorsed: Receipt from 1. to 2. for 5/-. 2) Covenant 7 July, 1682 1. Thomas Carew als. Kearney, Bigby, Lincs., and Richard Thorne, London, Esq. 2. Henry English, late of Wigsall, Sussex, Esq. Recites: 1) Richard Thorne in 1668 recovering judgement against 2. for £400 debt and 80/- costs. 2) Richard Thorne assigning said judgement and benefits there-from by assignment of 7 Dec. 1680 to Thomas Carew als. Kearney. 3) 1. or one of them in Hilary 1680/81 presented a writ of elegit and Richard Thorne chose to have delivered to him all the goods and chattels of 2. and moiety of all lands in Upton. Nevertheless it is agreed and covenanted between 1. and 2. that if 2. pays to Carew £100 on 23 Oct. next then 1. will give a warrant of attorney to ack. satisfaction upon the record of the said judgement and supersede the said Eligit as 2. shall direct. But if £100 is not paid 1. may take their course in law upon the said judgement, elegitt or extent. Endorsed: 24 Apr. 1685 by 2. that this is a true copy of the document made to him by Carew and he promises to produce the same on request if necessary. |