Indenture – Robert Bolton to Nicholas Walton – 23 Jun 1741

This Indenture made the Twenty third day of June in the Fifteenth 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 (and so forth) And in the year of our Lord 1741  Between  The Right Worshipfull Robert Bolton Doctor of Laws Dean & the Chapter of the Cathedral Church of the Holy & Undivided Trinity of Carlisle of the one part  And Nicholas Walton and Hugh Boag of Ravensworth Castle in the County of Durham Gent[leme]n which said Nicholas Walton and Hugh Boag are by the Hon’ble Commissioners Directors of Greenwich Hospital Constituted and appointed Stewards and Generall Receivers of all and Singular the Castles Honours Lordships mannors Messuages Lands  Tenem[ents] heretofore the estate of James late earle of Derwentwater of the other part 



Whereas  the said James late Earle of Derwentwater was on or about the 9th day of February 1715 Attainted of High Treason & on the Twenty fourth day of the same February was Executed  And Whereas  by virtue of the s[ai]d Attainder and of two several Acts of Parliament the one made in the First & the other in the Ninth year of the Reign of his late Majesty King George the first & by force & Operation of one other Act of Parliament made in the fifth year of the Reign of his present Majesty intituled an Act for making void the Sev[eral] Contracts for sale of the Estates of James late Earle of Derwentwater to William Smith Esqr: and also of the Annuity of two hundred pounds during the Life of Charles Radcliffe the Arrears thereof to Matthew White Esqr. and the Sev[eral] Con[vey]ances made in pursuance of the Same  All and every the Castles  Honours Lordships Mannors Messuages Lands  and Tenements (amongst other things) all Leases for Life, Lives or years & Hereditaments & whatsoever whereof the sd James Earle of Derwentwater  was seized or possessed of or Interested in or entitled to on the twenty fourth day of June 1715 or at any time afterwards in his own right or to his own uses or whereof any other person or persons was were or should have been seized or possessed of or interested in to the use or In trust for him on the sd Twenty fourth day of June 1715 or at any time afterwards are vested in his majesty his Heirs & Successors for the use and benefit of the publick 



And Whereas by one other act of Parliament made in the Eighth year of the reign of his present majesty entitled an Act for the Application of the Rents and Profitts of the Estates forfeited by the Attainders of James late Earl of Derwentwater and Charles Radcliffe all & every the Castles  Honours Lordships Mannors Messuages Lands  and Tenements & amongst other things All Leases for Life, Lives or years & Hereditaments whatsoever  are given to the maintenance of Greenwich Hospital  



And Whereas  the Right worshipfull George Smalldridge then Dean & the Chapter of the sd Church by their Indenture under their Common Seal bearing date the Twenty third day of June 1713 Did demise grant Sell & to farm lett unto the sd James late Earl of Derwentwater his Exec[utors] Admin[istrat]ors & And Assigns All that their tyth for Grain & Sheaves of Corn yearly arising coming growing & renewing within the Precincts limiuts and bounds of all and every the terretories Fields Lands Tenements & Closes belonging & Appertaining to the town village or Hamlett of Dilston alias Devilstone parcel of the Rectory or parsonage of Corbridge in the County of Northumberland 



To have & to hold the sd Tyths of Corn Grain & Sheaves of Corn to the sd James late Earl of Derwentwater his Exec[utors] Admin[istrators] & Assigns form the making of the sd Lease for the Term of Twenty one years then next ensueing  at or under the yearly rent of Five pounds by virtue of which said Lease the sd James late Earl of Derwentwater  was on the sd twenty fourth day of June 1715 possessed of & Interested in the sd Tyths of Corn Grain & Sheaves of Corn for all the rest and residue of the sd term of years therein then to come as in & by the sd lease relation being thereunto had doth and may moire fully and at large appear 



Ands Whereas  the Rt Worshipful Thomas Tullie then dean and the Chapter of the sd Church did by their Indenture under their Common Seal Bearing date the Twenty third day June 1720 In consideration of the Surrender of the sd in part recited lease demise grant & to farm lett unto John Bacon of Stawarthj in the County of Northumberland Esqr. All the sd Tyths of Corn grain & Sheaves of Corn to hold to the sd John Bacon his Exec[utors] Admin[istrators] & Assigns from the making of the sd last mentioned Lease for the Term of twenty one years then next ensuing at or under the yearly rent of five pounds And Whereas the Rt Worshipfull George Fleming then Dean & the Chapter of the sd Church did by one other Indenture under their Common Seal bearing date the Twenty third day of June 1727 in consideration of the Surrenders  of the sd last in part recited Indenture of Lease Demise grant & to farm lett unto the sd John Bacon All the said Tyths of Coirn Grain & Sheaves of Corn To hold  to the sd Jno. Bacon his  Exec[utors] Admin[istrators] & Assigns from the making of the last mentioned Indenture of lease for the term of twenty one years then next ensuing at or under the yearly rent of five pounds And Whereas  by reason of the aforesaid Attainder of the sd james late Earl of Derwentwater all his Term right and Title of in & to the sd Tyths of Corn grain & Sheaves of Corn became forfited & by virtue of the before mentioned Acts of parliament some or one of them was vested in his Majesty as aforesaid 



Now this Indenture witnesseth that the sd Dean & Chapter by and with the direction & appointment of the Honourable the sd Commissioners Directors of Greenwich Hospital & for & in consideration of the surrender of a former Lease heretofore granted to John Watson & Edwd.Hutchinson Esqrs.wherein were divers years yet to come & unexpired as also for & in consideration of the rents hereinafter received & of the Covenants provisos & agreements to be done & performed on the part & behalf of the sd Nicho[la]s Walton & Hugh Boag an d for divers other good causes & considerations them thereunto more specificaly moving have  Demised granted Sett & to farm letten & by these presents for them and their Succ[ess]ors Do demise grant sett & to farm lett untoi the sd Nicholas Walton & Hugh Boag their Ex[ecutors] Admin[istrators] & Assigns all that their Tyth Corn Grain & Sheaves of Corn yearly coming growing arising & renewing within the precincts Limits and Bounds of all & every the Terretories fields lands Tenements & Closes belonging & appertaining to the town Village or Hamlet  of Dilston Alias Devilstone parcel of the Rectory & parsonage of Corbridge in the sd County of Northumberland or usually at any time heretofore had taken Accounted Accepted used Occupied or reputed as part parcel or member thereof belonging to the town of Dilston Alias Devilstone aforesaid 



To have and to hold all the aforesaid Tyths of Corn Grain & Sheaves of Corn with all and singular the Appurtenances unto the said Nicholas Walton & Hugh Boag their  Exec[utors] Admin[istrators] and Assigns from the making hereof & during the full space & term of twenty one years now next ensuing and fully to be compleat and ended  Yeilding  & paying therefor yearly during the sd term of twenty one years to the sd Dean & Chapter & their successors or to their receiver gen[eral] of his Deputy for the time being within the precincts of the sd Cathedral Church upon the great blue marble stone in the north Isle of the sd Church the sd yearly rent or Sum of five pounds of Lawfull British money at the Feast of St Peter advincula and Candlemasday by even and equal portions free of all Taxes & Deductions whatsoever upon Special trust and Confidence Nevertheless in them the sd Nicholas Walton & Hugh Boag reposed and to the intent and purpose that all the rents Issues and Profits of the sd Tyths of Corn Grain & Sheaves of Corn hereby demised may be brought to Account and paid according to the directions of the before recited act made in the Eighth year of the reign of his present majesty or according to the direction of any other Act of Parliament since made or hereafter to be made for that Purpose. 



Provided  always that if it shall happen the sd yearly rent of Five pounds or any part thereof to be behind & unpaid by the space of Forty days next after either of the sd feastdays whereon the same ought to be repaid as aforesaid that then and from thenceforth this present demise & lease & every Clause and Covenant herein contained be utterly void frustrated and of none effect any thing herein contained to the contrary thereof in any wise notwithstanding And the said Nicholas Walton & Hugh Boag for thermselves their and either of their Heir Exec[utors] Admin[istrators] and Assigns & for every of them Jointly and Severally Covenant promise grant and agree to and with the said Dean and Chapter & their Successors in manner and form following that is to say that they the sd Nicholas Walton & Hugh Boag their Exec[utors] Admin[istrators] and Assigns or some or one of them shall and will yearly & every year and from time to time during the sd term hereby demised well and truly Content satisfie & pay or cause to be Contented satisfied & paid to the sd Dean & Chapter and their Successors or to their receiver General or his Deputy for the time being the yearly rent herein before reserved to be pay’d at the severall feast days time and place herein before appointed for the payment thereof & in such manner & form as the same shall hereafter grow due & payable according to the true intent and meaning of these presents And also shall and will from time to time and at all times hereafter during the continuance of this demise well & truly pay and discharge of cause to be paid and discharged all parliamentary or other taxes rates or Impositions which shall be taxed rated or imposed upon the said demised premises or any part thereof 



And also that they the sd Nicholas Walton & Hugh Boag their Exec[utors] Admin[istrators] and Assigns or any of them shall not & will not at any time during the sd term Alienate sell or assign the sd demised premises or any part or parcel thereof to any person or persons whatsoever without the Assent Consent & especiall lycence of the sd Dean & Chapter & their Successors in that behalf first had and obtained in writing under their Seal  And  further that they the sd  Nicholas Walton & Hugh Boag their Exec[utors] Admin[istrators] shall not at any time during the sd term take a fine from any under Lessee or farmer of the premises or any part thereof without the privity and consent of the sd Dean & Chapter & their Successors or Assigns And  the sd Nicholas Walton & Hugh Boag for themselves their & either of their heirs Exec[utors] Admin[istrators] & Assigns & for every of them joyntly & severally do Covenant promise and grant to and with the said Dean & Chapter & their Successors by these presents to surrender or cause to be surrendered unto the sd Dean & Chapter the sd last recited lease of the premises heretofore granted unto the said John Bacon or otherwiser to procure him his Exec[utors] or Admin[istrators] by his or their deed to be by him or them duly executed and Delivered to the sd Dean & Chapter to quit release and discharge the sd Dean & Chapter of and from all and every the Covenants grants and agreements in the said recited Lease contained on the part of the sd Dean & Chapter to be done & performed or in default thereof that then they the sd Nicholas Walton & Hugh Boag their Exec[utors] Admin[istrators] or Assigns or some of them shall and will from time to time and at all times hereafter save & keep harmless & indemnified the said Dean & Chapter of for from and concerning all Cost and Charges whatsoever which <….>  or may become payable by or be recovered against the said Dean & Chapter & their Successors by means or occasion of any Action or Actions Suit or Suits to be brought or prosecuted ag[ainst] them in the name of the said John Bacon upon any of the Covenants Grants & agreements in the sd recited  lease or by reason of their Executing of these presents & the sd Dean & Chapter for themselves their successors do Covenant and grant to with the said Nicholas Walton and Hugh Boag their Exec[utors] Admin[istrators] or Assigns by these presents that they the said Nicholas Walton and Hugh Boag their Exec[utors] Admin[istrators] or Assigns paying the said Rent and performing the sd Covenants shall and may peaceably & Quietly hold & enjoy the sd premises during the sd Term without the interruption or disturbance of the sd Dean & Chapter & their successors or any person or persons whatsoever Claiming by from or under them or any of them 



In Witness  whereof the sd parties to the severall parts of these Indentures have Interchangeably sett their hands & Seals the day & year first above written  

Wm. Fleming Vice dean

John Waugh

Thos. Tullie

Ed. Birkett

Examined by me Tho: Tullie Canon