Jump to ContentJump to Main Navigation
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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy). Subscriber: null; date: 26 February 2017

(p.292) G. Crown Clog

(p.292) G. Crown Clog

Source:
The New River
Publisher:
Oxford University Press

18 November 1631

THIS INDENTURE TRIPARTITE made the eighteenth day of November in the seaventh yeare of the raigne of our Most Gracious Soveraigne Lord Charles by the grace of God Kinge of England Scotland ffraunce and Ireland Defender of the Faith etc. BETWEENE our said Soveraigne Lord the Kinges most excellent Maiestie of the first part Henry Viscount Falkland Sir Robert Naunton Knight Master of the Court of Wardes and Liveries and Sir Julius Cesar Knight Master of the Rolles of the seacond parte And the Governor and Companie of the Newe River brought from Chadwell and Amwell to London and Sir Hugh Middleton Baronett of the third parte

WHEREAS by an Indenture dated the eight and twentyeth day of October in the seaventeenth yeare of the raigne of our late soveraigne lord Kinge James over England made betweene the said Governor and Companie of the one parte and the said Henry Viscount Falkland by the name of Sir Henry Carie Knight Comptroller of his said late Maiesties most honorable household Sir Robert Naunton Knight nowe Master of the Courte of Wardes and Liveries by the name of Sir Robert Naunton Knight one of his said late Maiesties principall secretaries ffulke Lord Brooke since deceased by the name of Sir ffulke Grevill Knight then Chauncellor and Undertreasurer of his said late Maiesties Exchequer Sir Julius Cesar Knight Master of the Rolles and Giles Mompesson by the name of Sir Giles Mompesson Knight on the other parte reciting [Letters Patent of incorporation] Nevertheless it was the true intente of His said Maiestie and of the said persons so incorporated forasmuch as his said Maiestie had formerly susteyned and borne and was still from time to time to susteyne and beare one full and equall Moety of all manner of charges disbursements and somes of mony whatsoever expended or to be expended in or about the making or mayntayning of the said river and waterworke That his Maiestie his heires and successors should have receive and take from tyme to tyme one full moiety or halfe parte of all cleare benefitt profitt and comoditie that should and may arise or be had made or gotten of and by the said waterwork The said Governor and Companie of the said New River in performance and accomplishment of the premises did by the said Indenture fullie clearlie and absolutelie give grant bargain and sell at the nomynacon of his said late Maiesty and for the use and benefitt of his said Maiestie his heires and (p.293) suecessors to the said Henry Viscount Falkland by the name of Sir Henry Carie Knight the said Robert Naunton the said Lord Brooke by the name of Sir ffulke Grevill and the said Sir Julius Cesar and Giles Mompesson being persons especially named in trust for his said Maiesty and to their heires and assignes one full and entire moytie or halfe parte of all such ffynes somes of mony Rent Reservacons benefitt profitt and comodities whatsoever as over and above all necessarie charges and expences that then were or thereafter from tyme to tyme should in any way be raised had made leavied or gotten of or by meanes of the said Newe River or waterworke or of or by reason of the conveyance of the water thereof in or by anie part or parts place or places or unto or for any person or persons whatsoever

TO HAVE hould receive perceive take and enjoy the said moytie or half part of all and every the said ffynes somes of mony [etc.] in the said Newe River or waterworke and premisses to the said Henry Carie nowe Viscount Falkland Sir Robert Naunton Sir ffulke Grevill Sir Julius Cesar and Giles Mompesson their heires and assignes to the onely use and behoof of the said Sir Henry Carie now Viscount Falkland Sir Robert Naunton Sir ffulke Grevill since Lord Brooke Sir Julius Cesar and Giles Mompesson their heires and assignes for ever upon trust for the profitt and comoditie of our said late Soveraigne Lord the Kinge his heires and successors for ever As in and by the said recited Indenture amongst divers covenants and clauses therein conteyned more at large it doth and may appeare

AND WHEREAS the said Giles Mompesson by his indenture or deede indented bearing date the seaventh day of October in the seaventh yeare of His nowe Maiesties Raigne made betweene the said Giles Mompesson of the one parte and the said Viscount Falkland Sir Robert Naunton and Sir Julius Cesar of the other parte for the consideracons therein expressed hath for him the said Giles Mompesson his heires and assignes and every of them graunted remised released assigned and sett over unto the said Viscount Falkland Sir Robert Naunton and Sir Julius Cesar all the interest right use trust propertie claymes and demaunde whatsoever of him the said Giles Mompesson of in and to the said recited indenture and of in and to the said Moytie or halfe parte of all and everie the said ffynes somes of mony [etc.] of the said Newe River waterworke and premises to them the said Viscount Falkland Sir Robert Naunton ffoulke Grevill Lord Brooke deceased Sir Julius Cesar and Giles Mompesson their heires and assignes by the said recited indenture given and granted as aforesaid and of in and to everie parte and parcell thereof As in and by the said recited indenture more at large it doth and may appeare

(p.294) AND WHEREAS our late Soveraigne Lord Kinge James of blessed and happie memorie by His Highnes Letters Patent under the great seale of England bearing date the nyneteenth day of Januarie in the ffifteenth yeare of his raigne of England ffraunce and Ireland and of Scotland the one and fiftieth reciting as therein is recited and for the reasons and consideracons therein particularlie specified and declared did by the said Letters Patent make ordeyne name constitute and appoint his trulie and wellbeloved servaunt Edward Ball Esqr one of the groomes of his said late Maiesties privy Chamber to be Expenditor or Surveyor on the behalfe of his said late Maiestie his heires and successors of the said river expressed by the name as therein appeareth TO HAVE and to hould the said office or place of Expenditor or Surveyor on the behalfe of his said late Maiestie his heires and successors of the said waterworke current or river and of the receipt profitt payment and disbursement to be from time to time thereby had or made Unto the said Edward Ball for and during his naturall life To be held by himselfe or his sufficient deputie or deputies during the natural life of the said Edward Ball And for the continual travell charge and attendaunce of the said Edward Ball to be from time to time bestowed expended and imployed in or about the executon of the said office or place His said late Maiesty was graciously pleased and did by the said Letters Patent for His Highnes his heires and successors give and grant unto the said Edward Ball one yearely ffee or Penson of one hundred poundes of lawfull mony of England To be yearely and everie yeare had taken and payde out of the issue rent and profitt of and by the said waterworke to his said late Maiestie his heires and successors from tyme to tyme arrising growing accrewing and belonging as aforesaid at the four usual ffeasts or termes in the yeare that is to say the ffeast of the Birth of Our Lord God the Annunciacon of the Blessed Virgin Mary the Nativitie of St John Baptist and St Michaell the Archangell by even and equall porcons everie yeare during the naturall life of the said Edward Ball as by the said recited Letters Patent among other things therein conteyned more at large appeareth

NOW THIS INDENTURE WITNESSETH that our said Soveraigne Lord the Kinge for and in consideracon of the rent covenants and agreements hereafter by these presents specified to be made by the said Sir Hugh Middleton and for divers and sundry other good causes and consideracons His Maiestie thereunto especially moving of His Maiesties speciall grace certen knowledge and meere mocon hath given and granted and by these presents doth give and grant unto the said Sir Hugh Middleton his heires and assignes all the trust use benefitt profitt interest and comoditie that doth or may appertayne (p.295) to our said Soveraigne Lord the Kinges Maiestie his heires or successors of or in the moytie or halfe parte of the said waterworke and all His Maiesties parte in the same and of all and everie the said ffynes somes of mony [etc.] of the said Newe River [etc.] and all arrearages thereof whereof noe accompt hath beene made to His Maiestie or for his use and all right concerning the same and our said Soveraigne Lord the Kinges Maiestie of his more especiall grace [etc.] for himselfe his heires and successors by these presents requires wills and comaunds the said Viscount Falkland Sir Robert Naunton and Sir Julius Cesar and everie of them to grant convey and assure the Moyty or halfe of the said cutt and everie the said ffynes somes of mony [etc.] of the said Newe River [etc.] and all that to them appertayning and all writings conveying the same to the said Sir Hugh Middleton his heires and assignes to the onelie use and behoofe of the said Sir Hugh Middleton his heires and assignes for ever and our said soveraigne Lord the kinges Most Excellent Maiestie of England of his especiall grace [etc.] for himselfe his heires and successors doth by these presents acquitte release and discharge the said Henry Viscount Falkland Sir Robert Naunton and Sir Julius Cesar and their heires of and from the said trust in the premises and herein willeth that the said Viscount Falkland Sir Robert Naunton and the said Sir Julius Cesar and their heires be for ever hereafter thereof discharged and acquitted against his Maiestie his heires and successors and the said Henry Viscount Falkland Sir Robert Naunton and Sir Julius Cesar in whom the whole interest of the premises granted to his Maiesties use as aforesaid is for the accomplishment of the good pleasure of our said Soveraigne Lord the King and by the direccon and appointment of his said Maiestie have granted assigned and set over and by these presents for themselves their heires and assignes doe hereby grant assign and set over unto the said Sir Hugh Middleton his heires and assignes the said recited Indentures bearing the said date the eight and twentyeth day of October in the seaventeenth yeare of our late Soveraigne Lord King James and the said moiety or halfe parte of all and every the said ffynes somes of mony [etc.] in the said Newe River [etc.] to them the said Viscount Falkland Sir Robert Naunton Lord Brooke Sir Julius Cesar and Giles Mompesson their heires and assignes by the said recited indenture given and granted as aforesaid and of and in every parte and parcell thereof and all writings concerning the same and all their right tytle use trust and demaunde in the same

AND THE SAID Henry Viscount Falkland for himselfe his heires and assignes and everie of them doth covenant promise and graunt to and with the said Sir Hugh Middleton his heires and assignes by these presents that he the said Viscount Falkland hath not made anie (p.296) other grante or grants assignement or assignements of the premises to any other person or persons whatsoever nor hath nor will doe nor suffer to be done any acte or thing whatsoever touching or concerning the premises but onlie unto him the said Sir Hugh Middleton his heires or assignes according to His Maiesties direccon as aforesaid and that he the said Viscount Falkland his heires or assignes and all other person or persons clayming by from or under him shall and will from tyme to tyme upon request to him to be made and by the direccon of His Maiestie his heires or successors in that behalfe doe execute and suffer all or anie other act and acts thing or things for the further and better assuring and sure making of the premises and every parte and parcell thereof unto him the said Sir Hugh Middleton his heires and assignes as by him the said Sir Hugh Middleton his heires and assignes or by his or their or any of his or their Councell learned in the lawe shall be reasonably devised or advised and required [the like covenants by Sir Robert Naunton and Sir Julius Cesar]

PROVIDED ALWAYS and the said Sir Hugh Middleton in consideracon of the premises doth for himselfe his heires and assignes covenant promise and graunt to and with his Maiestie his heires and successors by these presents that he the said Sir Hugh Middleton his heires and assignes shall and will yearely and every yeare for ever yeilde and paie or cause to be yeilded and paied unto the Kinges Maiesties Receivor Generall of the Citty of London for the tyme being or into the receipt of His Maiesties Exchequer at Westminster to and for the use of His Maiestie his heires and successors the yearely rent or some of five hundred poundes of good and lawfull mony of England at the ffeasts of St Michaell the Archangell and the Annunciacon of the Blessed Virgin Mary by equall and even porcons or within fortie daies next after either of the said ffeasts for ever to be paid the first payment thereof to be made at the ffeast of the Annunciacon of the Blessed Virgin Mary next ensewing the date hereof

AND the said Sir Hugh Middleton for him and his heires covenanteth with our said Soveraigne Lord the Kinge his heires and successors that he the said Sir Hugh Middleton his heires and assigns shall and will paie or cause to be paied unto the said Edward Ball or his assignes yearely and every yeare during the naturall life of him the said Edward Ball at such daies and tymes as by the before recited Letters Patent is lymitted and appointed the said yearely ffee or Penson of one hundred poundes by the yeare and alsoe shall and will paie or cause to be paied all and singular other the rents and paiements which by his Maiestie his heires or successors or by the said Viscount Falkland Sir Robert Naunton Sir Julius Cesar Giles Mompesson or anie of them and their heires out of or by reason of the premises or (p.297) anie of them shall be due or payable except onelie such some and somes of mony and other payment as are or shalbe due and payable to the said Giles Mompesson of which his Maiestie is graciously pleased to discharge the said Sir Hugh Middleton his heires and assignes for ever And alsoe shall and will from tyme to tyme and at all tymes for ever hereafter discharge or save harmeles his Maiestie his heires and successors as well of and from the said yearely ffee of one hundred poundes payable unto the said Edward Ball as aforesaid and all and singular other the rent and payment due and payable of or for the said waterworke or anie parte of the premises by His Maiestie his heires and successors or by the said Viscount Falkland Sir Robert Naunton and Sir Julius Cesar other than to the said Giles Mompesson as aforesaid as alsoe of and from all and singuler expences burthens and charges whatsoever in or concerning the premises or anie of them

And the said Sir Hugh Middleton for the consideracons aforesaid doth likewise hereby for himselfe his heires and assignes covenant promise and grant to and with His Maiestie his heires and successors by these presents that he the said Sir Hugh Middleton his heires and assignes shall and will paie or cause to be paied into the receipt of the Exchequer at Westminster to and for His Highnes use the some of five hundred poundes of lawfull mony of England for one yeares rente due at the ffeast of St Michaell the Archangell nowe last past before the date hereof within two daies after the date of these presents and alsoe shall and will paie or cause to be paied untoe the said Edward Ball or his assignes all such some and somes of mony which were arrears due and payable out of or by reason of the said penson of one hundred poundes unto him the said Edward Ball at the said ffeast of St Michaell the Archangell last past before the date of these presents

AND his Maiestie for and in consideracon of the said yearely rent payment and other the premisses doth for himselfe his heires and successors covenant promise and grant to and with the said Governor and Companie and their successors and to and with the said Sir Hugh Middleton his heires and assignes by these presents that His Maiestie his heires and successors shall and will from tyme to tyme and at all tymes hereafter be ayding and assisting unto the said Governor and Companie and their successors and to the said Sir Hugh Middleton his heires and assignes aswell for the preservacon of the worke of the Newe River and the waters drawne thereout both in the said citty and without the same as alsoe for the preservacon of the bankes bridges pipes and other necessaries in and about the said Newe River and waterworke

AND because manie misdemenors and offences have beene and are (p.298) daylie comitted by sondry ill affected persons which cannot be proceeded against really by the ordinary proceedings at lawe therefore for the more speedy redresse and reformacon of such abuses and the better to enable the said Sir Hugh Middleton his heires and assigns to paie and satisfie unto His Maiestie his heires and successors the said yearely rente or some of five hundred poundes per annum His Maiestie is graciously pleased and doth by these presents for himselfe his heires and successors authorise require and comaunde the Lordes and others of his privie counsell and of the privie counsell of his heires and successors for the tyme being or any five or more of them at the humble request of the said Sir Hugh Middleton his heires or assignes or at the request of such others as shall be authorised by him in that behalfe to grant all warrants from tyme to tyme for the apprehending and bringing before them of all such person or persons as shall offend in unlawful cutting or spoyling the bankes or pipes or bridges belonging to the river or letting out the said river in waste or to any other unlawfull purpose whatsoever in the passage as it cometh to London or that shall unlawfully convey any pipes or extremities thereof into their houses or other places as reasonably shall be required by the said Sir Hugh Middleton his heires or assignes or by the said Governor and Companie or any of them and alsoe upon just cause of complaint or suspicion to graunt warrants from tyme to tyme to search in anie house or houses to some of His Maiesties officers and ministers whereof one at least shall be a constable for the discoverie of such as shall be suspected to have stolen or secretlie derived any braunches from the pipes carrying water from them unto their howses to the intent their Lordshipps maie thereupon inflict such deserved punishment upon the offenders therein as in their wisedomes and judgement shalbe though fitt upon just cause of complaint

AND these presents or the inroulmente thereof shalbe unto the said Lordes and others of the privy counsell for the tyme being for the doing and performing of this His Maiesties pleasure and comaunde therein signified a sufficient warrant and discharge in that behalfe

AND His Maiestie doth alsoe hereby for His Highnes his heires and successors covenant promise and grant to and with the said Sir Hugh Middleton his heires and assignes by these presents that His Maiestie his heires and successors shall and will from tyme to tyme release acquit discharge or save harmeles the said Sir Hugh Middleton his heires and assignes and everie of them of and from all and all manner of paiement some and somes of mony due and payable and hereafter to be due and payable to the said Giles Mompesson his heires and assignes out of or for the premisses before by these presents granted or any of them or out of any profitt coming thereof

(p.299) AND His Maiestie doth hereby further for himselfe his heires and successors covenant promise and graunt to and with the said Sir Hugh Middleton his heires and assignes That His Maiestie his heires or successors shall not nor will not give grant assign or set over unto any person or person whatsoever the aforesaid yearely rente or some of five hundred poundes nor anie parte thereof in and by these presents reserved or agreed to be paid to our said Soveraigne Lord the Kinge his heires and successors as aforesaid but shall and will for ever here-after kepe and continue the same and everie parte and parcell thereof to our said Soveraigne Lord the Kinge his heires and successors as to their Crowne united and annexed for ever

AND OUR SAID Soveraigne Lord the Kinges Maiestie for the consideracons aforesaid doth by these presents for his Highnes his heires and successors pardon release exonerate discharge and quiteclayme the said Governor and Companie and their successors and the said Sir Hugh Middleton his heires executors administrators and assignes of and from all and singular the rente duties somes of mony arrearages and other profitt by them or anie of them heretofore had received or taken for or by reason of the said waterworke and other the premises aforesaid (other than are of and for the somes of mony and other paiements in these presents reserved and due and payable or agreed to be paid as aforesaid) and of and from all and singular reckoninge accompte paiement and satisfactions whatsoever to his Highnes his heires or successors by them the said Governor and Companie and their successors and the said Sir Hugh Middleton his heires executors administrators or assigns or anie of them to be rendered paid made or given for the same or anie parte thereof and all actions suites extents execucons and demaundes whatsoever which his Maiestie his heires or successors nowe have or hereafter at any tyme or tymes will or may have against the said Governor and Companie and their successors or against the said Sir Hugh Middleton his heires executors administrators or assignes or their or any of their lordshipps mannors landes tenements hereditaments goods or chattels for touching and concerning the said rent duties some and somes of mony and other the premises aforesaid or anie of them or the said reckoninge accompt satisfaction and demaundes and other the premises hereby mentioned to be acquitted pardoned remised released exonerated discharged and quiteclaymed as aforesaid or anie of them

AND His Maiestie doth alsoe for his Highnes his heires and successors further grant by these presents unto the said Governor and Companie and their successors and the said Sir Hugh Middleton his heires executors administrators and assignes that neither they nor anie of them their nor anie of their heires [etc.] shalbe in anie sorte called to (p.300) accompt sued molested in quieted or troubled nor his or their or anie his or their lordshipps mannors [etc.] in anie wise to be taken seised or extended by his Maiestie his heires or successors or by any commissions officers or mynisters of his Highnes his heires or successors for or by reason of the said rent dueties some and somes of mony aforesaid and other the premises or anie of them before by these presents mentioned to be pardoned released and discharged But that aswell the said Governor and Companie and their successors as the said Sir Hugh Middleton his heires [etc.] and everie of them and their and everie of their lordshipps [etc.] be and shalbe forever hereafter altogether and whollie thereof freed cleared pardoned [etc.] against his Highnes his heires and successors by vertue of these presents

AND TO THE END that thus his Maiesties pleasure maie take the better effect his Highnes doth hereby for himselfe his heires and successors will require and comaunde the Treasurer Chauncellor Undertrsr and Barons of the Exchequer the Auditors of the Imprest and all other the officers and mynisters of his Highnes his heires and successors whatsoever for the tyme being whome it shall or maie concern to take notice of these presents or the inroulmente constat or exemplification of them and to give allowance to the same according to his Highnes pleasure herein specified and declared AND these presents or the inroulmente constat or exemplification of them shalbe unto all men whom it shall concern a sufficient warraunt and discharge in that behalfe without any further or other warraunt from his Highnes his heires and successors to be had presented or obteyned

AND his Maiestie doth further for the consideracons aforesaid for himselfe his heires and successors covenant promise and grant to and with the said Governor and Companie and their successors and the said Sir Hugh Middleton his heires and assignes by these presents that all and singular the pipes and channels alreadie laied or made within his Maiesties waste soyle within the Citty of London and Counties of Middlesex and Hartford or anie of them or elsewhere for or concerning the said waterworke shall and maie stand be and continue as nowe they are without the lett or interruption of his Maiestie his heires or successors or anie other person or persons whatsoever

AND his Maiestie doth hereby for himselfe his heires and successors give and grant full power libertie and authoritie unto the said Governor and Companie and their successors and the said Sir Hugh Middleton his heires and assignes from tyme to tyme and at all tymes hereafter to laie or cause to be laied or to make or cause to be made any new pipe or pipes or channells in anie place or places convenient within his Maiesties waste soyle either within the said Citty or Counties and also to amend as well the pipes that are nowe laied or (p.301) shalbe laied hereafter for carrying on anie of the water of the said waterworke as their channell when and as often as neede shall require IN WITNESS WHEREOF three partes are made of these presents and to one of those partes remayning with the said Viscount Falkland Sir Robert Naunton and Sir Julius Cesar the said Governor and Companie and the said Sir Hugh Middleton our said Soveraigne Lord the Kinge hath putt the great seale of England to one other parte remayning with our said Soveraigne Lord the King the said Viscount Falkland Sir Robert Naunton Sir Julius Cesar the said Governor and Companie and Sir Hugh Middleton have putt their seales And to one other parte thereof remayning with the said Governor and Companie and Sir Hugh Middleton the said Viscount Falkland Sir Robert Naunton and Sir Julius Cesar have putt their seales the daie and yeare first above written

LS