An Abstract of the Agreement made between John Backwell Esq; and Richard Backwell Gent. and the Creditors of Edward Backwell, their Father, Deceased. BY Articles of Agreement, Dated 12 November 1697, made between the said John and Richard Backwell, of the one part, and Sir edmond Turner, Sir William Hustler, Knights; William Melmoth Esquire, William Waterson, and William Clotterbooke Gent. and Jerem. Taverner Citizen and Vintner of London, of the other part: The said John and Richard Backwell, do Covenant and Agree with the said Sir edmond Turner, Sir William Hustler, William Melmoth, William Waterson, William Clotterbook, and Jerem. Taverner,( being Persons nominated on behalf of themselves and such other of the Creditors, as shall execute the said Articles) within Six Months after the Commission of Bankrupt awarded against the said Edward Backwell, shall be superseded, to pay unto the said Creditors One and twenty Pounds ten Shillings per Cent. in ready Money of each Creditors Principal Debt, and at the Costs and Charges of the said John and Richard Backwell, to assign over to the said Creditors respectively, out of the said Edward Backwell his Patent, for Perpetual Interest at Six Pounds per Cent. per Annum, on the Hereditary Revenue of Excise, the remaining Seventy eight Pounds ten Shillings of their Principal, together with all Interest of their Principal to the 24th June 1682, and Interest for the said One and twenty Pounds ten Shillings, from the said 24th June to the time of Payment thereof, at the Rate of Six Pounds per Cent. per Annum, the said Seventy eight Pounds ten Shillings and the Interest of the whole Principal; and for the said One and twenty Pound ten Shillings, to carry Interest after the Rate aforesaid, from the said 24th June 1682: And that so soon as the Commission shall be vacated, they will sell the Estate of the said Edward Backwell for the most advantage, and the Moneys arising by Sale thereof( after Payment of encumbrances chargeable thereon) shall be directly paid by the respective Purchasers, into the hands of Rich. Snagg, Jos. Moore, Tho. pain, Cha. shells and Will. Atwill Goldsmiths, who by some Writing duly executed, should become obliged to the said Sir Edm. Turner, Sir Will. Hustler, Will. Melmoth, Will. Waterson, William Clotterbook and Jerem. Taverner, in behalf of themselves and the rest of the said Creditors, to apply the Moneys which shall so come to their hands, towards payment of the said One and twenty Pounds ten Shillings. Provided, If any of the Creditors have received any Dividend upon the Commission of Bankrupt, such Dividend shall be taken as part of the said Twenty one Pounds ten Shillings. The said Sir Edm. Turner, Sir Will. Hustler, Will. Melmoth, Will. Waterson, William Clotterbook, and Jer. Taverner, severally covenant with the said John and Richard Backwell, to accept the said One and twenty Pounds ten Shillings per Cent. and such Assignments as aforesaid, in satisfaction of their Debts, and upon Receipt thereof and such Assignments made, to deliver up their Bonds and other Securities, or give Legal Discharges. Provided, That if the said Commission be not vacated within Seventeen Months from the Date of the said Articles, the said Articles to be voided. The Charges of procuring the Commission to be set aside, and of all other Matters relating to the making good the said Proposals, to be paid by the said John and Richard Backwell. All Parties agree to use their utmost endeavours for the speedy vacating the said Commission. By Indenture Tripartite, Dated the 16th. of March 1697, made between the said Rich. Snagg, Jos. Moore, Tho. pain, Cha. shells and Will. Atwill, of the first part, the said John and Richard Backwell of the second part, and the said Sir edmond Turner, Sir William Hustler, William Melmoth, William Waterson, William Clottterbook, and Jerem. Taverner, of the third part( reciting the said Articles) the said Rich. Snagg, Jos. Moore, Tho. pain, Cha. shells and Will. Atwill, do severally Covenant with the said Sir Edm. Turner, Sir Will. Hustler, Will. Melmoth, Will. Waterson, William Clotterbook, and Jerem. Taverner, That all Moneys which shall be paid them by any Purchaser or Purchasers, upon Sale of the Estate of the said Edward Backwell, shall be applied towards Payment of the said Twenty one Pounds ten Shillings per Cent. to the said Creditors, share and share alike, in equal proportion to their respective Debts, within the time limited, for Payment thereof in the said Agreement: And if after Payment of the Moneys then come to their hands, the said One and twenty Pounds ten Shillings per Cent. shall not be fully paid, then at the request of the said Sir edmond Turner, Sir Will. Hustler, Will. Melmoth, Will. Waterson, Will. Clotterbook, and Jerem. Taverner, they will apply all such other Moneys as shall be afterwards paid them by any Purchaser aforesaid, towards the further Payment of the said One and twenty Pounds ten Shillings per Cent. to the said Creditors in equal Proportion to their respective Debts, as aforesaid. And likewise, that they will deliver to the said Sir edmond Turner, Sir Will. Hustler, Will. Melmoth, Will. Waterson, Will. Clotterbook and Jer. Taverner( as often as requested) a Particular in Writing under their hands, of all the Moneys which shall be paid into their hands, and the Persons Names that pay the same. The Moneys to be paid to the said Rich. Snagg, Jos. Moore, Tho. pain, Cha. shells, and Will. Atwill, to be divided into Four equal parts, One part whereof to be paid to Mr. Snagg, One other part to Mr. Moore and pain, One other part to Mr. shells, and One other part to Mr. Atwill, unless otherwise agreed between the said John and Richard Backwell and Sir Edm. Turner, Sir Will. Hustler, Will. Melmoth, Will. Waterson, Will. Clotterbook and Jerem. Taverner, and if either of the Goldsmiths die, his part of the Moneys afterwards raised, to be paid unto, and be equally divided among the Survivors of them, or such other Persons as shall be agreed on as aforesaid, for the uses before-mentioned. John and Richard Backwell Covenant with the said Sir Edward Turner, Sir Will. Hustler, Will. Melmoth, Will. Waterson, Will. Clotterbooke, and Jer. Taverner, within Six Months to deliver a List of the Creditors Names, and the Principal Debts owing to them from their Father, in the Year 1697. And for the further and better securing the Payment of the said One and twenty Pounds ten Shillings to the said Creditors, The said John and Richard Backwell, will, at the time of the superseding the said Commission, consent, agree, and submit, to any Order or Decree of the High Court of Chancery, for the selling of the Estate of the said Edward Backwell, so as the Money arising by such Sale, may be paid into the Hands of the said Rich. Snagg, Jos. Moore, Tho. pain, Cha. Shale and Will. Atwill, for the uses before-mentioned.