Scope and Content
1) Christopher Jeaffreson, Dellingham, Cambs, Esq.
2) Mathew Denis, Kempston, esq (nephew, heir and executor of William Denis, the elder, late of London, merchant, deceased).
3) Constantine Phipps, Middle Temple, esq, Richard Helder, Grays Inn, Middsex, esq.
Reciting that Robert Yarway, late citizen and merchant tailor of London, deceased, did in his lifetime, purchase the Manors of Kempston Daubeny and St John's and various lands, woods etc in Kempston and Marston Moretaine, and took the conveyance thereof in the name of himself and one William Warne, citizen and scrivener of London, in joint tenancy, yet in trust for sole benefit of Robert Yarway
also on 29 February 1659 they sold the Manors and property to Sir James Beverly, knight (by the name of James Beverly Esq), and also all those closes called Blaklands, formerly divided into 2, in Marston Mortaine and other lands. To be held for 500 years redeemable on payment of £1000 and interest.
Said £1000 never paid whereby the estate of the said Sir James became absolute in law.
On 16 August 12 Charles II [1660] Robert Yarway, by a Recognizance in Chancery, acknowledged to owe to John Jeaffreson, High Holbourn, Middlesex, father of 1), £4000. This was not paid so Recognizance became forfeited.
Robert Yarway then sold the Manors and lands in Kempston and Marston to Mathew Denis and they were conveyed by Robert Yarway and William Warne, and also other lands, cottages etc in Marston and Kempston unto other persons. All money paid without any recognition of said Recognizance or mortgage. At the time of his purchase he paid off various incumbrances which existed prior to said Recognizance and mortgage, and kept some on foot to protect Manors etc from all mesne and other encumbrances.
Said Manors, lands etc were settled on Mathew Denis for life and then to his sons, and then to William Deinis, his brother, for life, and then to his sons, and then to Robert Denis, eldest son of Richard Denis, late of Kempston, deceased, for life and then to his sons, and then to Mathew Denis, second son of said Richard for life and then to his sons, and then to William Denis, youngest son of said Richard, and his sons.
Reciting also assignment of 7 June 17 Charles II [1665] a) Sir James Beverly, Robert Yarway, William Warne, b) William Denis, London merchant (uncle of 2)), John Buckworth, London, merchant. Consideration £1000. Sir James, with consent of Robert Yarway and William Warne assigned to John Buckworth - said Manors, lands, closes called Blaklands etc.
Afterwards said assignement was said to be in trust to protect said Manors etc purchased by 2) from all mesne encumbrances. As concerning Blaklands in Marston (except such part as was in occupation of Gerard Franklin which he had purchased of Robert Yarway), John Buckworth was to hold them in trust for William Denis of London, since deceased (whose executor is 2)), firstly to secure £400 paid by William Denis to Sir James Beverley as part of the consideration for making the Assignment and interest, and then to idemnify 2) and his Manors etc against said Recognizance and other incumbrances of Robert Yarway which might affect the property.
Reciting also the will of John Jeaffreson dated 4 September 1660 by which he bequeathed to his wife, Sara, all the profits of £2000 in the hands of Robert Yarway and lent to him on said Recognizance. When money repaid then land to be purchased for use of 1), testator's heir at law. Wife Sara to take profits during her life (since deceased) and then lands to descend to 1). John Jeaffreson, his nephew, made sole executor. Will proved (PCC).
By Assignment of 26 March 1684 i) John Jeaffreson, the executor, ii) Christopher Jeaffreson. Said Sarah [sic] was dead and said £3000 not paid. i) in pursuance of trust in will assigned to ii) various lands etc to be extended by virtue of said Recognizance and also all benefit that might be made of said Recognizance.
Now in consideration of £300 paid to 1) by 2) and with intent that property purchased by 2) and all lands in Kempston and Marston sold by Robert Yarway and William Warne and said closes called Blakelands [sic] may not be encumbered by said Recognizance, 1) assigns, with appointment of 2) to 3)
- said Recognizance and money thereby payable, any claims or anything gotten under it.
1) grants to 3) full power in his name to prosecute under said Recognizance and to perform any such actions as may be necessary about the premises.
On trust that the said Recognizance shall not be extended on the Manors or lands in Kempston and Marston which were sold by Robert Yarway and William Warne to 2) and William Denis the elder, or anyone in trust for them, or upon Blakelands, for 500 years without consent of 2) or his heirs or person in possession of the Manors under above mentioned settlement.
If any of the Manors, lands etc in Kempston and Marston shall be recovered by virtue of said Recognizance, John Jeaffreson and 1) or their heirs etc shall hold them in trust for 2) or whoever shall be entitled to them.
Also 1) agrees with 2) that said Recognizance shall not be extended upon said Manors or lands in Kempston and Marston which were sold by Robert Yarway and William Warne to 2) and William Denis the elder, or upon Blakelands, for 500 years without consent of 2) etc [as above] without consent in writing.
If any of Manors, lands etc be recovered by said Recognizance then John Jeaffreson and 2) will convey them to such persons as 2) or person in possession of property shall appoint in trust as aforesaid.
Lastly 1) or John Jeaffreson will not during 500 years levy, recover or receive of 2) said £4000 or molest them in quiet enjoyment of said Manors, lands etc.
Signatures and seals of 1), 2) and Constantine Phipps.
Endorsed Witnesses F Brace, Sam Wright, Wm Farrer junr, Alex Bolton.