Title
Settlement made in anticipation of marriage [by Release]
i) Charles Gery, Bushmead, Eaton Sockein [sic], Beds., Esq.
ii) John Sawyer, Furnivalls Inn, London, gentleman; James Sawyer, St Sepulchers [sic], London, distiller
(2 of the sons of John Sawyer of St Sepulchers, London)
Henry Ashly, Eaton Sockein, Esq.
said John, James and Henry have survived James Sawyer, Caldecott, Northamptonshire, gentleman, deceased, and Thomas Ekins, Rushden, Northamptonshire, Esq, deceased
iii) Hester Benyon, daughter of Thomas Benyon, Ely, clerk, deceased, and granddaughter and heir of Hester Benyon, Ely, widow, deceased
iv) The Rev.Samuel Doughty, Standground, Hunts, clerk
William Fuller, Connington, Hunts, gentleman
A marriage is shortly to take place between i) and iii).
ii) are trustees of Manor, messuages, closes, lands and tenements which now stand mortgaged for £4500
It has been agreed that said Manor, except such part as is in Huntingdonshire, and lands etc to value of £330 yearly besides profits of woods, groves and coppices, shall, after said marriage, be settled as follows
- parcel of value of £130 yearly for separate use of iii) during her coverture
- same parcel, and residue, after said marriage to i) for life, without impeachment of waste, with remainder to iii) for her jointure
- residue of estate of i) to use of iv) on trust iii) holds certain freehold and copyhold property (on which a fine uncertain is payable upon alienation).
Freehold and copyhold property is intermingled so freehold cannot be certainly conveyed
Is agreed that during her coverture iii) shall receive the rents and profits of said copyhold and freehold estate to value of £67 p.a. and profits of estate of i) to value of £31 at her own will and pleasure
Is also agreed that said mortgage for £4500 and interest shall be paid off as soon as possible after the marriage by sale of such part of the property of i) as is limited in use to iv) and such part of freehold and copyhold lands of iii) of which she is not to receive the rents without the control of her husband, but which are intended to be surrendered to use of iv) to make sale thereof
Now i) and ii) release to iv), in their actual possession by virtue of a lease for a year made the previous day
- Manor of Bushmead in counties of Bedfordshire and Huntingdonshire
- Hains Farm
- Boomers Closes, late in occupation of Thomas Peck
- Great Hangerwood Close, lately stocked up and converted into pasture by i) in occupation of Richard Jarvis
- Manor House called Bushmead
- Steple Close, Seaven Acres Close, Fourteen Acres Close, Basses Close Hellpond, Great Meadow Hellpond, Little Meadow, Dog Yard Close, Barn Yard Close, Nether Dove House Close, Upper Dove House Close, Wallnutt Tree Yard or Close, Pattesell Field in occupation of Henry Wills
- orchard, garden and hopground and 4 pools or fishponds now in occupation of Thomas Rapper
- Upper and Nether Ram Closes, Little Hangers Close, Cadbury Wood Closes now in occupation of Richard Barnett
- Brickhill Wood, Fourteen Acre Wood, Upper Steeple
Grove, Hanger Spring late in occupation of i)
- Upper and Nether Hill Fields, Middle Dove House Close, White Brook Field Closes and Thornton Hill Close, Four Lands, The Dovehouse and Orchard in occupation of Richard Barnett and John Barrell
- messuage
- windmill in occupation of Woodstock, miller
- messuage, closes called Bellocaine
- 2 closes called Pattesell Leyes in occupation of Thomas Pratt
- messuage or farmhouse, Great Brickhill Field and lane adjoining, Upper Jeffry Lawnes, Jeffrey Lawnes Meadow, Middle Jeffry Lawnes, Pattesell Meadow, Rappers Close, The Great Mowing Ground, 2 other mowing grounds, Flacks Close and Flacks Meadow
in occupation of William Hawkins
- messuage and Berry Wood Stripe, Bushey Boomers, Boomers Meadow and North Boomers in occupation of John Sanders all lying in Eaton Sockein, Little Stoughton [sic], Bolnhurst and Pertenhall
- messuage and The Ridings, Barnfield Close, Chapeell Close, Ten Acre Close, Twenty Acre Close, Riddy Meadow, The Sheep Pasture Close and Walters Field now in occupation of John Barrell
- Stratton Close and Ley Field
- lane in occupation of John Saunders
- messuage and Chappell Meadow, Plowed Sheep Pasture, The Bushy Close adjoining, Swilly Pasture, Moor Grove and the Bushy Close adjoining, Blazewell Meadow, The Upper Marl Close, the Nether Marl Close now in occupation of Richard Burnett
- Close or Meadow called Blazewell Mead in occupation of Thomas Atwood all lying in Great Staughton, Hunts
- together with all feedings, fishings, woods, rents, profits of courts, waifs, felons, goods of fugitives, tithes, oblations etc except 14 acres in Eaton Socon in occupation of - Flowers and formerly the estate of James Sawyer, gentleman, deceased to be held by iv) to uses etc as follows to use of i) until marriage
After marriage
- Haines Farm and 2 Boomer Closes in occupation of
Thomas Peck, and Great Hanger Wood Close to use of iv) for 99 years if converture so long continue, subject to cetain trusts
- Manor (except part in Hunts)
- all other property intended to be released by i) to ii) in Bedfordshire and not comprised in term of 99 years
- property comprised in said term to use of i) for life with liberty to commit waste, iv) being trustees if necessary. After decease of i) then to iii) for life for her jointure
After decease of longer liver of them, then to their first son etc and his heirs and so successively. In default to daughters. If more thanone to hold as tenants in common
For want of such issue
- Haines Farm and the 2 Boomer Closes in occupation of Thomas Peck, and Great Hanger Wood Close to use of such persons as iii) shall declare, otherwise to use of i)
- said Manor (except Hunts part), and residue of property in Bedfordshire to use of i)
- all property in Hunts, and all other property of i) and ii) whereof no use after said marriage is herebefore declared to use of iv) on trust
Now, in pursuance of said agreement and in consideration thereof and of the settlement of the estate of i) iii) with consent of i) releases to iv), in their actual possession by virtue of a lease for a year made the previous day
- all messuages, cottages, closes, lands etc in City of Ely and in Littleport, Downham, Sutton, Eventworth, Chettisham and Thetford, in the Isle of Ely or elsewhere to iv) in trust as follows to use of iii) until said marriage after marriage
- such parts as are in Littleport to use of iv) for 99 years if the coverture so long lasts, subject to trusts
On expiry, to use of iii) for life, with power to commit waste
After decease of iii) then to such children as iii) shall appoint in writing. Otherwise to all her children by i) as tenants in common. In default of issue to such other persons as iii) appoints in writing. In default of such writing to her right heirs for ever
- residue of freehold property of iii) of which no use after the solemnisation of the marriage has been declared to use of iv) in trust
Is agreed that said terms of 99 years limited to iv) were limited in trust only and to intent that iv) may dispose of the rents for the sole use and benefit of iii) alone. Not to be paid to i) who is wholly excluded therefrom iii) also agrees, before the marriage, to surrender all copyhold property in Ely, Littleport, Downham, Sutton, Eventworth, Chettisham and Thetford into hand of Lord of Manor to uses
- copyhold property in Littleport to same use as for freehold property in Littleport
- copyhold property upon a distress whereon a customary certain fine has been paid to use of iii) until said marriage and then to iv) in trust
- all other copyhold property upon a alienation or distress whereof no certain customary fine has been paid to use of iii) until said marriage and then for such persons as iv) shall appoint
Power given to iv) after the marriage to sell freehold and copyhold property as may be necessary to raise such sums to pay off principal sum of £4500 in satisfaction of mortgage
Overplus to i) i) to have power, with consent of iii), during their marriage, to make lease of said Manor, lands etc for term of 21 years
If iii) outlives i) she may make leases of the land limited to her in jointure for up to 11 years i) and iv) to have power to change any arrangements made regarding the property settled in jointure upon iii) to be held by iv) with incumbrance except said mortgage of £4500 and yearly rent of £20 5s payable to the Queen's
Majesty and yearly sum of 6s 8d paid as modus for the tithe of part of the premises limited in jointure to iii).
Is declared that Manor, messuages, closes etc limited in jointure to iii) besides said woods etc are of clear yearly value of £330
Covenant to levy fine, recovery etc as necessary ii) covenant and agree with iv) that they have not done anything by which said Manor,lands etc may be incumbered in title
If sums remain in hands of iv) which are too small to discharge mortgage of £4500, they may lend said sum at interest iv) may have power to discharge their expenses signatures of all endorsed witnesses
for John and James Sawyer
Jon Metcalfe
Adn [sic] Metcalfe
Sam[ue]ll Stanton
for i), iii) and iv)
Knghtly D'Invers
John Rowell
Leck. Smallwood
for Henry Ashly
George Wheasley
John Bailey
William Hodd
Note Charles Gery married Hester Benyon at Conington, Hunts., on 16
April 1711. He died 3 years later and was buried at Little Staughton on 21 April 1714. Hester was buried in the same place on 9 May 1728.
The property was inherited by Charles' son, William Gery - his parentage is not known as his baptism cannot be traced but as he is believed to have been born prior to 1710 he presumably was the son of Charles and Ann.