Articles of Agreement between Edward Pegg & Edward Hayward, 28th December 1721
These Articles of Agreement were drawn up by Edward Hayward and Edward Pegg who were first cousins. Pegg was the son of John Pegg and his wife Wilmot Slaney (1672-1693), daughter of Edward Slaney. Hayward was the son of Thomas Hayward and his wife Jane Slaney (1669-1689). Jane and Wilmot were the daughters of Edward Slaney by his wife Margaret Crouch, only daughter of Griffith Crouch (1592-1676) by his (2nd) wife Elizabeth Goldstone. Griffith's father was Reginald Crouch of The Hill, Cheswardine, otherwise known as Renald Cryche.
Elizabeth was the widow of John Goldstone of Goldstone (1608-1638), son of Francis & Susanna Goldstone of Goldstone. She was born Elizabeth Thompson, daughter of Lawrence Thompson of Drayton-in-Hales. By her first husband, John Goldstone, she had a number of children, including Lawrence Goldstone, whose son Edward Goldstone was the father-in-law of Edward Pegg by the latter's marriage to Jane Goldstone on 4th December 1718 in the City of London.
Edward Goldstone sold the Lordship and Manor of Goldstone to his son-in-law Edward Pegg, whose father John Pegg was Edward Goldstone's 2nd cousin by virtue of their shared descent from Elizabeth Thompson/Goldstone/Crouch.
Edward Hayward was the husband of Sarah Chowne and father of Thomas Hayward who inherited Goldstone from Edward Pegg, and Edward Hayward whose son Edward Hayward inherited Goldstone from his uncle Thomas.
These articles of agreement appear to relate to Pegg and Hayward's shared inheritance from the estate of Griffith Crouch.
ARTICLES OF AGREEMENT 1721
Cover
Attested Copy
Articles Between Edward Hayward & Edward Pegg
28 December 1721
Wright 15 London Street
Articles of Agreement Indented, made, Concluded & Agreed upon the eight & twentieth day of December in the year of Our Lord God one thousand seven hundred twenty and one
Between Edward Hayward of Peterburgh in the County of Northampton, Grocer, of the one part, and Edward Pegg of Goldston in the County of Salop, Gentl: of the other part,as follows:
Whereas Griffith Crouch, by his last Will & Testament bearing date on or about the thirtieth day of July in the year of our Lord God one thousand six hundred seventy and six, Did (inter alia) Devise unto Edward Slaney & Margarett his daughter, Grandmother to the parties to these parents, All his Lands, Tenements and Hereditaments in the said County of Salop for her life, and after her decease to Griffith Slaney her son & his heires for ever,
And for want of such heires to Richard Slaney, brother to the said Griffith, & his heires, & for want of such heires to the heires male of the said Edward upon the body of the said Margarett his said Wife to be begotten, & in default of such Issue To the Daughters of the aforesaid Edward Slaney & his said Wife & to their Heires, for ever
And Whereas the said Edward Slaney & his said Wife had Issue Jane Slaney & Wilmott Slaney besides other children that dyed without Issue, The said Jane having by her husband Thomas Hayward the said Edward Hayward, party to these presents, And the said Wilmott having by John Pegg her husband the said Edward Pegg, party also to these presents,
And Whereas the said Jane Hayward & Wilmott Pegg are both dead and the said Edward Hayward & Edward Pegg one or both of them being the last in remainder of the said Entail & claiming by virtue of the said in part recited Will A Title to the several Messuages, Lands and Tenements hereinafter mentioned,
Have by the mediation of Friends agreed to the following particulars, viz:
It is agreed by and between the said parties to these presents, and the said Edward Hayward doth hereby for himself, his heires, Executors & Administrators, Covenant & agree to & with the said Edward Pegg, his heires, Executors & Administrators & every of them, that he the said Edward Hayward, for the Considerations hereinafter mentioned, shall & will, at or before the five & twentieth day of March next ensueing the date of these presents, sign, seale & execute in due form of law, such Writeings, Deeds, Conveyances & Releases for the Discharging the said Edward Pegg, his heires, Executors & Administrators, as shall be adjudged convenient by the said Edward Pegg, as well for the settling & assuring the sum of Three hundred pounds in Trustees hands, hereinafter named, for the several Uses hereinafter mentioned,
As alsoe for Releaseing all his title & claime of, in, to and out of, the several Messuages, Tenements & lands hereinafter mentioned, viz:
of, in, to, and out of All those several Messuages, Tenements, lands, hereditaments & other the premises thereto belonging, situate, lying & being in the respective Townshipes of Great Sowdley, Goldston, Ellerton & Hinstock & in the severall parishes of Cheswardine & Hinstock aforesaid & in either of them, with their & every their Appurtenances,
All which said lands & premises now or late were in the possession & respective tenures or occupations of the said Edward Pegg, Griffith Spender & Joseph Molline & their some of their assigns or undertenants
And Whereas the said Edward Hayward having present occasion for the sum of one hundred pounds, the said Edward Pegg hath agreed to pay the same, And the said Edward Hayward doth for himself, his heirs, administrators & assigns, further Covenant & agree to & with the said Edward Pegg, his executors, administrators & assigns that he ye said Edward Hayward, having at & before the sealing & delivery of these presents, had & received the said sum of one hundred pounds of & from ye said Edward Pegg, that he the said Edward Hayward, his Executors, administrators or assigns, will not within the space of Nine yeares next ensuing the five & twentieth day of March next require or receive any interest during the said terme for the said Principall sum of Three hundred pounds, the said one hundred pounds in hand received being hereby declared & acknowledged to be in full satisfaction thereof & of every parte & parcell thereof till the said terme shall be expired
And that he the said Edward Hayward, his Executors, administrators & assigns Do hereby consent & agree that the said Trustees shall pay or cause to be paid unto the eldest son of the said Edward Hayward the sum of fifty pounds out of the said sum of three hundred pounds when and as soon as his said eldest son shall come to the age of one & twenty yeares, which said sum of fifty pounds is hereby agreed to be in full of the sum of fifty pounds which the said Edward Pegg agreed with the said Margarett Slaney to pay his said eldest son if he should come to the age of one and twenty yeares
And that when the said fifty pounds shall be paid that then the Interest of two hundred & fifty pounds only shall be paid in manner hereinafter mentioned
And it is hereby further agreed by and between the said parties, And the said Edward Pegg for the considerations aforesaid doth for himself, his heires, Executors & Administrators & assigns hereby Covenant & agree to & with the said Edward Hayward, his heires, Executors & assigns, that he the said Edward Pegg, his heires, Executors & administrators shall & will, at or before the five & twentieth day of March next ensueing the date hereof, give sufficient land security to John Morrey of Belton in the said County of Salop, Gentleman, & Francis Dixon of Peterburgh aforesaid, Gentleman, being Trustees mutually agreed upon by the said Edward Hayward & Edward Pegg, for the payment of the said sum of Three hundred pounds of lawful money on the six & twentieth day of March which shall be in the year of our Lord God One thousand seaven hundred thirty & one.
to the intent that the yearly Interest thereof & every parte thereof from & immediately after the expiration of the said term of Nine years as aforesaid shall and may be punctually paid by the said Trustees yearly by two even & equall portions without any abatement into the hands of the said Edward Hayward
To his own use during his life, And that after his decease the said three hundred pounds shall according to the discretion of the said Trustees be applied and disposed of to & among the child or children of the said Edward Hayward in such shares & proportions as they shall think convenient.
And immediately after such payment to his said eldest son the Interest of the two hundred & fifty pounds only shall be paid to the said Edward Hayward during his life and the said Principall sum of two hundred & fifty pounds to be disposed of by the said Trustees as aforesaid, anything herein before contained to the contrary thereof in any wise notwithstanding.
And the said Edward Pegg doth hereby for himself, his heirs, executors, administrators & assigns,, covenant with the said Edward Hayward, his Executors, administrators & assigns that the said Edward Hayward & his assigns shall and lawfully may, quietly & peaceably, have & receive, from & immediately after the expiration of the said term of years of & from the said Trustees or their heirs, Executors, administrators or assigns, or any other Trustee that shall or may be nominated by each of the said parties, before the five & twentieth day of March next, the full Interest and yearly income of the said three hundred pounds for his life, to his own use, from the expiration of the said term, and the interest of Two hundred & fifty pounds only after his eldest son shall receive the said fifty pounds, part of the said three hundred pounds at the time aforesaid.
And it is hereby agreed by & between the said parties that the said Edward Hayward shall be at the charges of all such writings that are to be executed attending and relating to the said Trust of the said sum of Three hundred pounds
And the said Edward Pegg shall be at the charges of all such writings relating to a Release of the said Lands.
In Witness whereof the said parties have hereunto interchangeably sett their hands & seals the day & year first above written.
Edward Hayward
Sealed and Delivered (this paper being first
legally stamped) there being first severall
interlineations & razures, in the presence of
Ric: Prier
Hen: Nash(?)
Received the day of the date within written of the within named
Edward Pegg the sum of one hundred pounds, being in part of £100
the consideration within mentioned to be paid to me I say
received by me. Edward Hayward
Wit:
Hen: Nase(?)
Memorandum: That the land that was late Cowpers and the New House
lately built in the Shropshire Street is to be the security for the
within named hundred pounds
The Writing contained in this and the three preceding sheets of paper hereunto
annexed is a true copy of the original as examined by us with it
this 28th day of June 1843
John Thos: Wright
Solicitor 15 London Street
Sam: H. Sanders 36 Sidmouth Street, Regent Square