Early Drake records
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Early Drake records - Private Acts of Parliament 1661
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- empowering Sir John Drake of Ash to sell lands to recover the portion of his sister Ellen Briscoe widow
Thankyou Elizabeth
15 Carolus 2nd No 35.
Whereas Sir John Drake late of Ash in the county of Devon knight, deceased, did by his Indenture of Lease bearing the date 16th August 1636 devise unto Sir Henry Rosewell late of Limington in the county of Somerset knight deceased and others , the farme of Hargrove and divers other lands to the value of 300 per annum and upwards in the county of Devon, for and during the terme of ninety nine years to commence from and immediately after the decease of him the said Sir John Drake, to such intents and purposes as the said Sir John Drake made his last will and testament in writing and by it did declare his will and meaning to be that the said Sir Henry Rosewell and his other trustees should employ and convert the rents issues and profits of the said farme and lands for and towards the raising of portions for the daughters of him the said Sir John Drake, whereof the daughter Ellen was one and shortly after in the same month of August he the said Sir John Drake died during her the said Ellens infancy And whereas afterwards the said Sir Henry Rosewell took upon him the trust for her the said Ellen and received her the said Ellen`s whole portion out of the rents issues and profits of the said farm and lands and paid her some small part thereof but failed in the paying of the residue of the said portion upon pretence that John Briscoe deceased the said Ellen`s late husband served his Majesty in the late unhappy war But employed the said moneys so raised , in paying the particular and personal debt of him the said Sir Henry Rosewell and the other trustees , whereafter much contest it appeared upon full hearing of the Cause in the month of July 1652 that he the said Sir Henry Rosewell had received all her the said Ellen`s portion out of the profits of the said farm and lands which moneys received was then ascertained to be 1, 626 and 8 shillings over and above the said Sir Henry Rosewell had formerly paid to the said Ellen , and he the said Sir Henry was there upon Decreed by the said Court of Chancery to pay her the said Ellen the said 1,626 .8s. With damages for the forbearance of the same until it should be paid . Sir Henry Rosewell being siezed in fee of the manor of Limington in the said county of Somerset ( line written above , between the word Somerset and and , ?" And of the manor of Carsewell in the said county ?) And of divers lands thereunto belonging , did by his last will in writing , devise the same unto Dame Dorothy Rosewell his wife and her heirs, and shortly after died, without issue, he the said Sir Henry Rosewell leaving no personal estate out of which she the said Ellen can have any satisfaction for her said portion by execution of the said decree , nor can the said manor and lands be liable thereunto but by Act of Parliament , And for as much as the said Dame Dorothy Rosewell`s estate in the manor of South Brent and Careswell aforesaid, is left in the same condition , as it was before the passing of this Act............ Be it therefore enacted by the Kings most excellent majesty and by and with the advice and consent of the Lords Spirituall and Temporall and the Commons in the present Parliament assembled and by the authority of the same, that the said manor of Limington in the county of Somerset , with all and singular lands tenements and hereditaments with the appurtenances thereunto belonging , and all other lands tenements and hereditaments in the county of Somerset aforesaid whereof the said Sir Henry Rosewell was seised of any estate of inheritance at the time of the said Sir Henry Rosewell`s receipt of her the said Ellen`s portion, which was in the year of our Lord 1642 , or at the time of the said decree, or at any time since , shall be and are hereby made and declared to be liable unto the payment of the said 1,626.8s, and the interest thereof, since the time of the said decree which being computed at 6 per centum per annum to this time, comes in the whole to the sum of 2,602. 13s. And that the said manor Lands and Premises or so much thereof as the said Sir John Drake and other the parties hereafter named, and appointed to sell the same or any three or more of them shall think fit, shall be sold for the satisfaction and payment of the said portion and damages for the forbearance thereof and that the moneys so to be raised by the said sale so by them made shall be paid to the said Ellen Briscoe her executors and administrators or assignes And that Sir John Drake knight and baronet , William Anderson, Esq, John Briscoe, gentleman, Roger Allesteed (?) Esq , Edmund Browne , gentleman, and Joseph Sheldon , gentleman, or any three or more of them shall be and are hereby fully impowered and authorised to make sale of the said manor lands , tenements, hereditaments, and premises with the appurtenances thereunto belonging , or so much thereof as shall be of them or any three or more of them thought sufficient to raise the said sum of 2,602.13s so to be paid to the said Ellen Briscoe her executors administrators or assigns and that such sale grant or conveyance so by them or any three or more of them thereof to be made, shall be and shall be confirmed and judged and taken to all intents and purposes, to be good and effectual in the law, and of full force and virtue to convey the estate in fee of the said manor lands and premises or so much thereof as they or any three or more of them , shall so sell to such a purchaser or purchasers thereof for payment of the said sum of 2,602. 13s . And that they the said purchaser and purchasors shall from thenceforth stand and be siesed in fee thereof, to them and their heirs, to their own proper use and behoof for ever against the said Sir Henry Rosewell and his heirs and against the said Dame Dorothy Rosewell and her heirs , and against all other person or persons bodies politic and corporate claiming or to claime the same or any part thereof by from or under the said Sir Henry Rosewell, his heirs or assigns, or the said Dame Dorothy Rosewell, her heirs or assigns by force of any conveyance by him , her or them made since the 8th May 1661 or before the said 8th May without valuable consideration paid thereupon ( words inserted above this point between the words thereupon and and ) and that the overplus of such moeny as shall be raised upon sale of the said manor and lands or any part thereof and so much of the said lands and premises as shall not be sold (by this Act ) for the purpose aforesaid , after she the said Ellen her executors Administrators or assigns, shall be so paid the said 2,602.13s by the said Sir John Drake and the rest, who shall receive the same, shall be disposed to the use and for the benefit of such person and persons as now have a right to the said manor and lands according to such respective estates as they had in the said manor or lands before the passing of this Act. Provided always that if the said Dame Dorothy Rosewell shall within six months next after the passing of this present Act, pay unto the said Ellen Briscoe her executors administrators or assigns the said sum of 2,602.13s of lawful money of England being the portion and interest due for the forbearance of the same , unto her the said Ellen, That then the said power and authority given the said Sir John Drake , Wiliam Anderson, esq, John Briscoe , gentleman, Roger Allestree, esq, Edmund Browne , gentleman, and Joseph Sheldon gentleman, to make sale or dispose of the said manor and premises or any part thereof by virtue of the present Act , shall cease determine and be utterly void to all intents and purposes whatsoever Saving always and reserving out of this present Act unto our sovereign Lord the King`s majesty, that now is , his heirs and successors and likewise unto all bodies corporate and politic , and all and every other person and persons and their successors whatsoever and their heirs (excepting only the said Sir Henry Rosewell his heirs and assigns and the said Dame Dorothy Rosewell her heirs and assigns and all and every person and persons bodies politic and corporate whatsoever , claiming by from and under, him , her or them or any other of them , by force of any conveyance , by him her or them , made since the 8th May 1661, or before the said 8th May, without valueable consideration paid thereupon ) All such right title interest and demand whatsoever , as he, they, or any of them , have may or might have, in , to , or out of the said manor lands and premises or in to or out of any part or parcel thereof , in as ample manner and form as if the Act had nver been made. Provided also that if the said Sir John Drake and the other trustees above named , for the raising of the sum of 2,602. 13s ,or any three or more of them , shall levy or raise the said sum , as is directed by the Act, That then the said Sir Henry Rosewell and the said Dame Dorothy Rosewell and the heirs executors and administrators of them, and either of them, shall be duly acquitted and discharged of and from the said Ellen`s portion and all benefit given her by the decree aforesaid, this Acto or anything therein conveyed to the contrary notwithstanding."