Indenture of Release dated 15th August 1850, between Joseph Rawes of Bromley, Kent and his brother Gerard Rawes the Younger of Swindale Head, Westmorland. Carlisle Record Office, D/Lons/L5/1/Shap/527-531. (Swindale Line)

[Sheet one:] This Indenture made the fifteenth / Day of August in / the year one thousand / eight hundred and fifty / Between Joseph Rawes of Mason Hill in / the Parish of Bromley in the County of Kent, farmer / the acting Executor under the Will of William Rawes / late of the said Parish of Bromley, Schoolmaster of / the one part and Gerard Rawes of Swindale / Head in the Parish of Shap in the County of / Westmorland yeoman of the other part Whereas / the said William Rawes duly made and executed / his last Will and Testament in writing bearing date / the sixth Day of February one thousand eight / hundred and thirty nine and thereby after / bequeathing several Legacies and one Annuity / his Freehold Estate at Swindale Head aforesaid he / gave and bequeathed to his brother the said / Gerard Rawes in consideration of his paying / four hundred pounds towards paying the Legacies / left by him And the said William Rawes appointed / his brother the said Joseph Rawes and his / Brother the said Gerard Rawes Executors of his / Will And on the thirtieth Day of October / one thousand eight hundred and thirty nine the / same was duly proved by the said Joseph / Rawes alone in the Prerogative Court of Canterbury / And whereas the said Gerard Rawes has / allowed to him the said Joseph Rawes as acting [Sheet two:] Executor as aforesaid the Sum of Four / Hundred Pounds towards the paying the / said Legacies left by the said Testator as he the / said Joseph Rawes as acting Executor as aforesaid / doth hereby admit and acknowledge and therefore / the said Joseph Rawes hath upon the request of the / said Gerard Rawes agreed to execute the Release / hereinafter contained Now this Indenture / witnesseth that in consideration of the Premises / and of the sum of Ten shillings by the said / Gerard Rawes to the said Joseph Rawes now in / hand paid the receipt whereof is hereby / acknowledged He the said Joseph Rawes in his / capacity of acting Executor as aforesaid Doth / hereby Remise and Release and for ever Quit Claim and / Discharge the said Gerard Rawes his heirs Executors / Administrators and Assigns and his and their / Lands and Tenements Goods and Chattels and / especially the said Freehold Estate late of the / said Testator situate at Swindale Head aforesaid / of and from the said sum of Four Hundred Pounds / so directed by the said Will of the said William / Rawes deceased to be paid by him the said / Gerard Rawes aforesaid and all Interest in / respect of the same and of and from all actions / and Suits Cause and Causes of Action and Suit / Debts Duties Accounts Reckonings Claims and / Demands whatsoever at Law or in Equity which the / said Joseph Rawes as Executor as foresaid hath or / had or otherwise could have claim or demand of [Sheet three:] From or against the said Gerard Rawes his Heirs / Executors Administrators and Assigns of / his or their Lands and Tenements Goods and / Chattels and especially the said Freehold Estate at / Swindale Head aforesaid for by reason or on account / of the said sum of Four Hundred Pounds or the / interest therof or for by reason or on account of / any other matter cause or thing relating thereto / In witness whereof the said parties to these / presents have hereunto set their hands and seals / the day and year above written. Joseph Rawes [signed] Signed Sealed and delivered by the above named Joseph Rawes in the presence of William Ilott, Surgeon, Bromley Kent Sarah Jane Ilott, Spinster Bromley Kent Notes:- The above records are to be found amongst the Lowther estate papers (Lons). William, Gerard and Joseph Rawes were brothers, sons of Gerard rawes, the Elder of Swindale. The deceased William Rawes was a teacher at the Rawes Acadmey in Bromley. The freehold property at Swindale Head is presumed to be 'Upper' Swindale Head, now a ruin. Transcribed from the original by Bryant Bayliffe of Brockworth, 2002

Indenture of Mortgage dated 29th October 1850, between Gerard Rawes of Swindale Head, Shap, Yeoman and John Fell of Shap, Yeoman. Carlisle Record Office, D/Lons/L5/1/Shap/527-531. (Swindale Line)

[Sheet one:] This Indenture made the twenty ninth Day / of October in the year / One thousand eight hundred / and fifty Between / Gerard Rawes of Swindale Head in the parish of Shap in the / County of Westmorland Yeoman of the one part and John Fell of / Shap in the Parish and County aforesaid Yeoman of the other part / Witnesseth that in consideration of the sum of One Hundred and / Fifty Pounds Sterling by the said John Fell to the said Gerard Rawes in / hand well and truly paid at or before the execution hereof the receipt whereof / he the said Gerard Rawes doth hereby acknowledge and therof and therefrom / doth hereby acquit Release and Discharge the said John Fell his Heirs Executors / Administrators and Assigns He the said Gerard Rawes Doth hereby Grant / Bargain Sell Release and Confirm unto the said John Fell his Heirs and Assigns / All that messuage and Tenement situate lying and being at Swindale aforesaid / with the appurtenances and consisting of A Dwelling House Outhouses and / several Closes Inclosures or Parcels of Land contained together by estimation / Thirty Five Acres or thereabouts and now in the possession of the said Gerard / Rawes which said Premises were formerly of Customary Tenure held under the / Earl of Lonsdale as parcel of his Manor of Thornthwaite alias Bampton / Patrick and Enfranchised. Together with all and singular Buildings / Lands, Grounds, Meadows, Parture, Feeding Commons, Hedges, Ditches, Fences, Gates, / Stiles, Walls, Ways, Waters, Watercourses, Easements, Profits, Priviledges and / appurtenances to the said Hereditaments belonging or appertaining or occupied / or enjoyed therewith or taken as part or parcel thereof. And the Reversion, / Remainders, Rents, Issues, and Profits thereof And all the Estate Right Title / and Interest whatsoever of him the said Gerard Rawes in and to the said / Premises To have and to Hold the said Messuage and Tenement / Lands Hereditaments and other the Premises expressed to be hereby granted / and released with their appurtenances unto and To the use of the said / John Fell his Heirs and Assigns for ever Subject Nevertheless to the proviso / for Redemption hereinafter contained, Provided always and it is hereby / agreed and declared that if the said Gerard Rawes his Heirs Executors / Administrators or Assigns shall well and truly pay or cause to be paid to the / said John Fell his Executors Administrators or Assigns the sum of One Hunred / and Fifty Pounds sterling with Interest for the same after the rate of Four / Pounds and Ten Shillings per Centum per Annum on the expiration of six / calendar Months from the day of the date hereof without any deduction / whatsoever. Then he the said John Fell his Heirs or Assigns will at the request / Costs and Charges of the said Gerard Rawes his Heirs or Assigns convey and / Assure the said Hereditaments with their appurtenances unto the said Gerard / Rawes his Heirs and Assigns or to whom he or they may direct or appoint free / from all Incumbrances made done occasioned or suffered by the said John Fell / his Heirs Executors Administrators or Assigns And the said Gerard Rawes / doth hereby for himself and his Heirs Executors and Administrators Covenant with the / said John Fell his Executors Administrators and Assigns that the said Gerard / Rawes his Heirs Executors Administrators or Assigns will well and truly pay or / cause to be paid to the said John Fell his Executors Administrators or Assigns [Sheet two:] The Sum of One Hundred and Fifty Pounds sterling on the / expiration of six calendar months from the / day of the date hereof together with Interest for / the same in the meantime pursuant to the proviso for the redemption hereinbefore / contained without any deduction whatsoever Provided always and / it is hereby agreed and declared between and by the said parties / hereto that if default shall be made in payment of the said Principal and / Interest monies expressed to be hereby secured or any part thereof respectively / on the expiration of six calendar months from the day of the date hereof that / then and at any time or times thereafter and without any further or other / Authority or consent of or from any other person or persons whomsoever it shall / be lawful for the said John Fell his Heirs Executors Administrators or Assigns to / sell and absolutely dispose of the said mortgaged premises or any part or parts / thereof either together or in parcels by public auction or private contract or / partly in each such mode unto such person or persons and for such price or / prices and subject to such conditions or stipulations as to Title or otherwise / and in such manner in all respects as he the said john Fell his Heirs / Executors Administrators or Assigns shall think expedient with full power / to buy in the same premises or any part thereof at any auction or auctions / and afterwards to resell the same without being answerable for any loss / which may arise thereby and to perform all acts necessary and expedient for / effectuating or completing any such sale or sales And Also to give sufficient / Receipts Releases or Discharges for the purchase money which shall absolutely / exonerate the Purchaser or Purchasers from all responsibilty on account of / or in respect thereof nor shall any purchaser be obliged to enquire whether / such default hath been made as aforesaid or otherwise into the validity / propriety or expediency of any such sale or sales as aforesaid Provided / Nevertheless that before the said mortgaged premises or any part thereof / shall be first advertised or offered for sale Six Calendar months previous notice / in writing of the intention so to do shall be given by the said John Fell his Heirs / Executors Administrators or Assigns unto the said Gerard Rawes or left for him / at his usual or last known place of abode in England or Wales if he shall be / then living and the owner of the said Mortaged Premises subject to the / security expressed to br hereby made But it is also Declared that no / Purchaser of the said Mortgaged Premises or any part thereof shall be bound / to ascertain or enquire whether such Notice be given or left as aforesaid or be / in any manner affected by want of evidence of the delivery thereof or by the / nondelivery thereof And it is hereby Agreed that the money arising / by such sale or sales shall in the first place be applied to pay and satisfy / the Costs and Charges attending such sale or sales or which shall be incurred / in the execution of any of the aforesaid Powers and in the next place in or / towards payment of the Principal and the Interest monies charged on the said / Mortgaged Premises which shall then remain due and unpaid and the / surplus if any shall be paid and applied according to the ownership of the / Equity of Redemption of the said Mortgaged Premises And it is hereby / Agreed and Declared that the said John Fell his Heirs Executors / Administrators or Assigns shall not be answerable or acountable for any / involuntary loss which shall be incurred in or about the execution of the Power / aforesaid and that the Power of Sale hereby given shall not preclude the excercise [Sheet three:] of any other Remedy for enforcing payment of the / said Principal Money and Interest And / the said Gerard Rawes Doth hereby for / himself his Heirs Executors and Administrators further covenant with / the said John Fell his Heirs and Assigns that he the said Gerard Rawes now / hath in himself good right and full power to convey and assure the said / Mortgaged Premises in manner aforesaid And further in case default / shall be made in payment of the said Principal and Interest Monies when / the same shall become due and payable according to the aforesaid covenant / for payment thereof it shall be lawful for the said John Fell his Heirs and / Assigns at all times thereafter to enter into and upon and to hold and enjoy the said Mortaged / Premises and to receive the Rents and Profits thereof for his or their own / use without any eviction denial or interruption whatsoever And that free / and clear from and against all Estates Rights Titles Charges and / Incumbrances whatsoever And moreover that the said Gerard Rawes / and his Heirs and every person claiming or to claim any Estate Right / Title or Interest in or out of the said Martgaged Premises will at all / times herafter at the request of the said John Fell his Heirs Executors Administrators or Assigns but until such sale or sales as aforesaid (at the / expence of the said Gerard Rawes his Heirs Executors or Administrators) and / afterwards at the expense of the Person or Persons requiring the same make / and perfect all such further acts dees conveyances and assurances whatsoever / for the better more perfectly and satisfactorily conveying and assuring / the same premises to the use of the said John Fell his Heirs and Assigns / or otherwise as he or they shall direct as by him or them or his or their / Councel in the Law shall be reasonably advised and required In Witness whereof the said parties to these presents have hereunto set their / hands and seals the day and year above written. Gerard Rawes [signed] Signed Sealed and Delivered by the above named Gerard Rawes in the presence of Edward Armstrong, Clerk to / Mr Harrison / Solr Penrith. [signed] Received the day and year first above written of and from the above named John Fell the sum of One Hundred and Fifty Pounds being             the consideration money above mentioned to be by him to be paid Gerard Rawes Witness: Edward Armstrong. [both sign] Notes:- The above records are to be found amongst the Lowther estate papers (Lons). The freehold property at Swindale Head is presumed to be 'Upper' Swindale Head, now a ruin. Transcribed from the original by Bryant Bayliffe of Brockworth, 2002