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The New RiverA Legal History$

Bernard Rudden

Print publication date: 1985

Print ISBN-13: 9780198254973

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198254973.001.0001

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(p.274) E. Share Issue 8 May 1612

(p.274) E. Share Issue 8 May 1612

Source:
The New River
Publisher:
Oxford University Press

THIS INDENTURE made the eighth daie of Maye in the yere of the raigne of our soveraigne Lord James by the grace of God of England Scotland ffraunce and Ireland Kinge Defendor of the faithe that is to saie of England ffrance and Ireland the tenth and of Scotland the five and fortyeth Betweene Hugh Middleton Cittizen and goldsmith of London of the one parte And Sir Henry Nevill of Billingsbear in the countie of Berks Knight of the other parte WITNESSETH

That whereas heretofore Two severall actes of Parliement were made [statutes recited]

AND whereas the said Maior and Comonaltie and Cittizens of the Cittie of London [transfer of powers recited]

AND whereas by an Indenture with covennts made between the Kinges most excellent matie of the one parte and the said Hugh Middleton of the other parte [Royal investment recited]

AND whereas the said Sir Henrie Nevill is and hathe beene an ad-venturer in the said worke according to the rate and proportion in these presents expressed

NOW FURTHER witnesseth theis presents that for and in consi-deracon as well of the some of two hundred pounds to him the said Hugh by the said Sir Henry Nevill paied and delivered longe before the sealinge and deliverie of theis presents as of other covenants there-after by theis presents made by the said Sir Henry Nevill for hym his heires and assignes and by hym and them to bee performed touchinge further payment to the said Hugh Middleton his heires or assignes towards the effectinge and performinge of the said waterworks by him alreadie begunne and to be expended and imployed therein

THE SAID Hugh Middleton for him and his heires doth by theis presents graunt and assigne unto the said Sir Henry Nevill his heires and assignes for ever two full and intire six and thirtieth partes of the said waterworks river and new cutt made and to be made and of the profitt benefitt gaigne comoditie and advantage which (such moietie or halfe of the profitts and comodities thereof due and to be due to the Kinges Matie aforesaid according to the true meaninge thereof excepted and allowed) at anie tyme herafter shalbe made or raised by or out of the said river water streame or new cutt and by and out of all and everie cesterne mills milldams ponds pooles staynes pipes and conduits and conveiance of water to be made thereby or (p.275) thereupon or from or out of the same to be deduced drawne or derived and of all rents somes of monie and other profitte and advantages which shalbe upon anie contracts or agreements or demises of or for anie such pipes or derivacons of water had taken obteyned or paid or aniewaie by meanes or occasion thereof received bargayned con-tracted for or agreed to be yealded or paied and of all fynes or amerciaments by anie comissioners of Sewers or others lawfullie authorized to be laied imposed or adiudged upon anie person or persons for or in respect of anie acte obstruction hurt or impediment by them or anie of them done to the said river or new cutt or anie of the premisses And of all other liberties powers authorities and advantages in the said severall writings conteyned or expressed

AND the said Hugh for him his heires and assignes doth covennt promise graunte and agree to and with the said Sir Henry Nevill his heires and assignes in manner and forme followinge That is to saie That the said Sir Hugh his heires executors administrators or assignes shall imploy the said two hundred pounds and soe much more as shall be needfull in and about the effecting and perfectinge of the said worke And that hee his heires and assignes shall use their best and uttermost endeavor as speedilie as may be to accomplishe the same entended worke And that there shalbe noe defecte nor willfull defaulte in the said Hugh Middleton his heires or assignes in accomplishinge and perfectinge of the said entended worke

AND that neither hee the said Hugh his heires nor assignes shall at anie tyme hereafter without the assent and consent of the said Sir Henry Nevill or his heires in writinge thereunto first had and obteyned surrender relinquish or yeeld up unto the said Maior comonaltie and Cittizens of the said Cittie of London or to the said Cittie his or their said autoritie deputacon factorshipp or agencie in the premisses to him comitted as aforesaid nor shall doe or comitt anie thinge whereby the same shall or may be forfeited lost repealed annihilated or revoked And that yf by or through anie impossibilitie in the said worke or other impediment or hinderance which the said Hugh his heires or assignes cannot nor shall not be able to remove or withstand the said worke shalbe staied and not proceeded in or not be effected and perfected before the first daie of Aprill which shalbe in the yeare of our Lord God according to the computacon of the Church of England one thousand six hundred and thirteen THAT then he the said Hugh his heires or assignes shall within one moneth after request to him or them in that behalfe made or for him or them leafte in writinge at his or their most usuall place of abode repaie unto the said Sir Henry Nevill his heires executors or administrators soe muche monie as the said two hundred pounds shalbe in surplusage over and above the (p.276) sixteenth parte of the monie disbursed and to be disbursed about the said worke as aforesaid

AND that neither he the said Hugh nor his heires shall grant out of the profitt of the premisses or charge the same with more then sixe and thirtie partes The totall and entire to be accounted and devided into sixe and thirtie parts and the parts in this present grant and others formerlie made being accompted AND that he the said Hugh his heires and assignes shall once every yeare upon the request of the said Sir Henrie Nevill or his heires make true and iust accompt to him and his heires aswell of all the coste and charges of the said worke as of the gayne benefit and advantage thereafter arisinge out of the same when the same shalbe brought to good effecte and shall permitt and suffer the said Sir Henry Nevill his heires and assignes to have receave and take two full sixe and thirtieth parts of the gaine profitt and advantage accordinge to the true intent and meaning of these presents

AND that he the said Hugh and his heires shall from time to tyme for ever hereafter doe his and their best endeavour to procure and gett a good and absolute estate and interest in the premisses and also shall at all tymes hereafter at the costs and charges of the said Sir Henrie Nevill his heires or assignes doe all and every such further and other lawfull and reasonable acte and thinge for the better and fulle assuring and securinge of the said part parts profitt comoditie and interest hereby meant and intended to the said Sir Henrie Nevill his heires and assignes And of two sixe and thirtith parts of the same when the said Sir Hugh Middleton or his heires shall have or procure a further or better estate or interest in the same to be by him and them had held and enioyed accordinge to the purporte true intent and meaning of theis presents as by the said Sir Henry Nevill his heires or assignes or by his or their Councell learned in the lawe shalbe reasonablie devised advised and required so that the same extend not to anie statute or recognizance bond nor obligacon

AND whereas there are assigned or extended to Edmond Colthurst of the Cittie of Bath Gent in consideracon of greate labour and en-deavour by him bestowed about the said worke fower partes in sixe and thirtie parts to be devided of the said profit and benefit to be raised as aforesaid which said Edmond Colthurst may disburse anie thereof for and toward the discharge of the said worke as the same is entended and concluded by and betweene the said parties to theis presentes And the said Hugh Middleton for him his heires executors administrators and assignes doth covennt graunt and agree to and with the said Sir Henrie Nevill his heires and assignes that after the effectinge of the said worke and as sone as it is brought to yeeld profitt (p.277) and benefitt the whole gayne and advantages thereof arisinge by or out of anie fynes [illegible] rents or other profitte [illegible] Mills or derivacon of water by pipes and conduits or otherwise shall goe and be devided into sixe and thirtie parts ffower parts whereof shalbe to the said Edmond Colthurst for terme of his naturall life and after his decease two of the said ffower parts shalbe and remayne to the said Hugh Middleton his heires and assignes in respecte of the great industrie travell and paynes takinge of the said Hugh Middleton in and about the performing finishing and effecting of the said worke And the other two partes of the said ffower partes soe appointed and allotted to the said Edmond Colthurst shalbe and remayne to the said Edmond Colthurst his heires and assignes yf the said Edmond Colthurst shall live untill the said entended worke shalbe finished and perfected as aforesaid But yf the said Edmond Colthurst shall happen to die before the finishing and perfectinge of the said worke then the two partes so intended and appointed for the said Edmond Colthurst his heires and assignes shalbe shared devided and secured by and amonge the said Sir Henry Nevill and Hugh Middleton and the other adventurers in the said worke and their hefrs and assignes according to the severall rate and proporcon of their share advanture and dis-bursements that is to say the full seaventeenth parte thereof shalbe and remayne to the said Sir Henry Nevill his heires and assignes for ever and the residue thereof according to the true intent and meaninge of theis psntes

AND the said Sir Henrie Nevill for him his heires executors and administrators doth covennt promise grant and agree to and with the said Hugh his heires and assignes that yf the charge of the said worke shall amounte unto more than three thousand and two hundred pounds that then he the said Sir Henry Nevill his heires executors and administrators shall uppon a full and perfecte accompte thereof and thereupon yerely made after the said three thousand and two hundred pounds expended shall paie unto the said Hugh his heires or assignes a full sixteenth parte of all such suprlusage or charge soe by the said Hugh Middleton his heires or assignes further disbursed or expended or to be disbursed or expended according to the true intent and meaninge of theis pntes

AND the said Hugh Middleton for him his heires and assignes doth covennt and graunt to and with the said Sir Henry Nevill his heires and assigns that he the said Hugh Middleton his heires executors and assignes shall from tyme to tyme and at all tymes upon reasonable request make a true accompt to the said Sir Henrie Nevill his heires and assignes of all such somes of monie as shalbe paied to him the said Hugh Middleton his heires or assignes by the Kinges matie his (p.278) heires or successors or by the Lord Treasurer for the tyme beinge by force and vertue of the covennts or agreements in the said indenture conteyned And shall from time to time paie and allowe to the said Sir Henry Nevill his heires and assignes a full sixteenth parte of all such some and somes of monie so paid as aforesaid

AND lastlie it is concluded agreed and explaned by the said parties that both the two six and thirtieth parts herein limitted unto the said Sir Henry Nevill and the ffower six and thirtieth parts limitted unto the said Edmond Colthurst of the said river and streame of water And of the gayne profitt and comoditie of the said river streame of water and premisses aforementioned are entended and meant to be onlie of the gayne profitt and comoditie thereof as shall remayne apperteyne and belonge to the said High Middleton his heires and assignes after the halfe share of or in the profitte of the same due and payable to the Kinges matie his heires and successors by force of the covennts aforesaid shalbe paied abated and deducted

IN WITNES whereof the said parties hereto to theis present indentures their hands and seales interchangeably have put the daie and year first above written

Hugh Myddelton L S

Sealed signed and delivered

in the presence of

Ni: Hyde

Will: Staverton

Wm: Neast