- Comments (0) Change font
If columns/tables do not appear straight, change font
[on verso:] 21 Junii 3 Jac. 2 1687 Blackett con fenwicke Lord Chancellor Martis vicessimo primo dio Juni Anno R III Jacobi Secundi Regis tertio Intyer Willum Blacket Barrt. Quer Johanem Fenwick Barrt Defendtem This Cause comeing this present day to bee heard and debated before the Right Hono.ble the Lord High Chanceller of England in the presence of Counsell learned on both sides the Substance of the plaintiffs Bill appeared to be that the Defend.t having borrowed two thousand pounds of Sr William Blacket the plts Father for Secureing the repy.ts whereof by Indentures of Lease and release dated the fifth and sixth days of March vicessimo sexto Caroli secondi the Defendt did convey to the said plaintiffs Father and Edward Blacket his sonne (now Sir Edward Blacket Barronet) and theire heires all the Mannor or Lordship of Hexham with the appurtemis and sev.all messuages lands & tenem.ts and the Tythes of hexham and other places with a proviso to bee voyd on paym.t of two thousand eight hundred and Fortie pounds att severall dayes (vizt) one hundred and twenty pounds Interest yearly and the principall of two thousand pounds on the sixth day of March one thousand six hundred and eightie That Sr Edward Blacket by Lease and release dated the twentieth and one and twentieth days of February triressimo Quinto Caroli sec.d p.ed (Sr William Blacket the Father being then dead) conveyed the Mannor and premises to the plantiff and his heires, that the seventh of October vicessimo secondo Caroli secondi the defend.t for two hundred pounds lent conveyed the lands of the Mannor of Fenwick to Christopher Maddison for Five hundred yeares with a proviso for paying two hundred and six pounds the seventh day of Aprill Following after which the sd Maddison (by direccon of Sir John Fenwick) assigned the sd lands to one Cuthbert Snow who having lent the Def.t more money in all one thousand pounds the said Deft did grant and confirme the remainder of the Terme of Five hundred yeares then in being for secureing the repaymt thereof with Interest since which the said Snow hathe assigned the said Mortgaged premises and all his Interest therein to the plt That the said summe of two thousand eight hundred and forty pounds and one thousand and sixtie pounds are all in arreare and unpaid therefore that the defendant may redeeme the said Mortgaged premises or be foreclosed is the scope of the plaintiffs Bill whereunto the def.ts Counsell alledged that the defend.t did execute the severall Conveyances in the bill sett forth for secureing the principal summe of two thousand pounds but in truth received only one thousand seven hundred and twentie pounds for that after the said deeds were ready to bee executed Sr William Blacket demanded eight pounds p cent for Interest and would not lend the same otherwise and thereupon the two pounds p cent was in a gross summe taken out of the principall (vizt) two hundred and eighty pounds and the Def.t having suddenly occasione to goe beyond Sea in his late Ma.ties Service in these exigencies was necessiated to accept the Same and the Defend.t ever since paid the Interest thereof (vizt) one hundred and twentie pounds p annum till Some few yeares arrears that Sr William Blacket the father decd about seventeene years since purchase the fee and Inheritance of certaine lead mines in the Mannor of Hexham for foure thousand pounds and had a demise from the defend.t of the sayd Mannor and premises for the terme of one thousand yeares in the names of other p.sons in trust for him as a Collaterall security for enjoyment of the said lead mines after which Sr William Blackett died and the plaintiff hath enjoyed the said lead mines ever since the purchase and got one hundred thousand pounds in cleere profits yet nevertheless refuseth to relinquish his Collaterall security or reconvey the premises on payment of the money due thereupon, unless there bee an Excepion in Such reconveyance of the Terme Soe made for Collaterall security That the Def.t is willing to Acct for the reale deabt of one thousand seven hundred & twentie pounds with Interest and to pay the same the plt discoinputering the one hundred and twentie pounds p ann hee received for Interest and reconveying the mortgaged premises discharged of the Collaterall security and as to the other mortgage the def. admits hee borrowed one thousand pounds of Cuthbert Snow and made such lease and security of the Mannor of Fenwick as in the Bill is sett forth which is Since Legally vested in the p[laintiff and the Deft is ready to come to a faire Accompt for the principall and Inyerest due thereupon and to pay the same to the plt, whereupon and upon debate of the matter and hearing what could be alledged on either side, his Lordshipp declared that the def.t ought to accompt for the whole principall moneyes menconed in the severall Deeds of mortgage [struck out: summes of two thousand pounds and one thousand pounds and the Interest and consideracon for the respective Summes] and doth thinke Fitt and soe order that it bee referred to Sr Robert Legard Knight one of the Masters of this Court to see what is due to the plaintiff on the severall mortgages for the said sevall principall summes of money in the deeds menconed and to compute Interest for the same and alsoe to tax the plts his Costs of this Suite and make him all just allowance and what the said Master shall certified to bee due as aforesaid, Itt is ordered and decreed that the defend.t doe pay the same to the plaintiff att the end of eighteene months with Interest in the meane time to bee computed by the sayd Master upon paymt whereof the plaintiff is to reconvey the sd Mortgaged premises to the deft free from all Incumbrances don by him or any claiming by from or under him but such reconveyance is to be without rejudice to the sd plts Collaterall security for enjoying the Lead mines and in default of the defend.ts payment of what the said Master shall certifie due to the plt as aforesaid then it is ordered and decreed that the Defend.t bee absolutely foreclosed from the equity of redempcon of the said premises.
Judgement in favour of Blackett in the cause against John Fenwick of Wallington. Given in the name of the Lord Chancellor, Judge George Jeffries, infamous for the ‘bloody assizes’ following the Monmouth Rebellion of 1685.