Title
Abstract of title [42 pages] of George Baker to a piece of ground in the parish of Saint Paul in Bedford, abstracting as follows:
(I) Conveyance by lease and release as part of a marriage settlement between: (i) Thomas Hawes of Bedford, gentleman; (ii) Thomas Wilkes of Bedford, merchant and alderman and Judith Wilkes, spinster, youngest daughter of TW; (iii) Francis Jessop of Bedford, gentleman and Thomas Cave of Bedford, woollen draper. 25 & 26 Nov 1728
Witnessing
In consideration of £2,000 paid to TH secured to be paid by TW as his daughter's marriage portion, TW conveyed to FJ and TC (inter alia):
(a) messuage or farmhouse known as the Porch House in the parish of St. Paul, Bedford with a piece of swerd ground lying near called the Rick Yard containing half an acre.
(b) several closes of pasture or inclosed ground called Porches Close, Square Close and Hill Close, containing 30 acres in the parish of St. Paul, Bedford (c) close of pasture or inclosed ground containing 1/1/- lying near the Pest House in the parish of St. Paul, Bedford.
(d) pightle or close of pasture containing 3 roods in the parish of St. Paul, Bedford and abutting on Hill Close.
(e) close or pightle of pasture beside the house called the Green Dragon in the parish of St.Paul, Bedford, containing 1 and a half acres.
(f) all tithes and tenths of hay, grass, wool, lamb etc. out of the messuage or farmhouse, closes, pightles of pasture or inclosed ground and premises.
[marginal note asks how title to the small tithes is derived and states that a recital in the Inclosure Act recognises property of TH as being exempt from tithes of grass, hay, turnips, wool, lambs and all other vicarial tithes; also clause 15 in the act states that allotments to the rector, vicar and impropriator of tithes are declared to be given in lieu of all tithes]
(g) pieces and parcels of arable land, ley, sweard or meadow ground containing 182 acres dispersed in and about the fields, bounds, precincts and territories of Bedford, formerly in the occupation of Isaac Smith and then or late of the Thomas Randall.
(h) all tithes and tenths of wool, lamb and other small tithes coming from land in (g) above.
(i) close, piece of pasture or inclosed ground called the new close in the parish of St. Peter Martin [de Merton] in Bedford near a place called Putnoe Gate.
(j) the tithes and tenths of hay, grass, wool, lamb and other tithes and tenths arising out of the new close in (i) above formerly in occupation of Thomas Randall (k) piece of pasture, ley or sweard ground in the parish of St. Paul, Bedford called the Gravel Leys containing 4 acres then or late in the possession of John Risely.
(l) piece of ground then used as a garden lying near (a) being in the occupation of [blank] Groves.together with all outhouses except the closes called Prebend Close (see (r) below) and St. Cuthberts Close (see (s) below) which were not intended to be settled.
Habendum
Land (a) to (l) conveyed to (iii) subject to the use of (i) for life, remainder to FJ and TC in trust to preserve contingent remainders, remainder to Judith Hawes for life for her jointure and in bar of dower, remainder to the heirs of the marriage as appointed in tail male.
Includes
Power of leasing to TH and JH after his decease(II) Indentures of lease and release by way of mortgage from Thomas Hawes to John Woodham of Stanford, Southill to secure £200 at an unspecified rate of interest [a marginal note stating that the land appeared to have been sold by a recital in a deed abstracted at page 12 - see (IX)] 17-18 Oct 1737
(m) messuage or tenement with the yards, gardens and appurtenances in the parish of St. Paul, Bedford at the south end Angel Street or Sheeps Cheaping abutments being: to S a messuage or tenement of Alexander Leith, clerk, deceased; to N a messuage of Thomas Woodward, gentleman, then or late in occupation of Austin Walton; to E Angel Street; to W on garden ground, a close late of Alexander Leith deceased, late in occupation of John Goodhall since of [blank] Bithrey then of Thomas Hawes and a piece of garden ground belonging to messuage forming (m) and containing one acre then or late in occupation of William Freelove or his undertenant.(n) farm yard with the barns, stables and appurtenances in the parish of St. Paul adjoining garden ground abutting (m) to S and extending N to Well Street and late in the occupation of John Risely and since of Thomas Simpson.
(o) cottage or tenement in Well Street late in occupation of William Linford and since of John Palmer and then of William Freelove; abutting: to W the great gates belonging to (n); to N the common street; to S on (n); and to E on (p) (p) cottage or tenement in Well Street adjoining (o), then or late in occupation of John Newman abutting to N on the common street and to S on (n).
(q) all other messuages and hereditaments of TH which were the messuages or hereditaments of: Elizabeth Carter, widow relict of William Carter, esquire deceased; Thomas Skevington, gentleman and Elizabeth, his wife; and John Veers, gentleman and Ann, his wife; Mary Carter, spinster; Thomas Wade, gentleman and Temperance his wife in Bedford and elsewhere formerly the estate of Robert Courtman, gentleman, late purchased by TH from them; together with a pew in the Church of St. Paul.(III) Will of TH giving all his personal belongings and estate to the following:7 May 1738
(i) John Hawes, his son - all real estate not contained in his settlement, subject to payment of £800 each to TH's daughters Mary Hawes and Judith Hawes when they reached the age of 21; to TH's sister Letitia, wife of Richard Luke, gentleman and John Hawes, brother of TH equally should TH's children all die without issue before reaching 21 (ii) John Hawes his son - the rest of his personal estate
Francis Jessop, Thomas Cave (brother-in-law of TH) and Humphrey Dell, doctor in physic appointed joint executors and trustees of TH's children during their minority.(IV) Codicil to (III) reducing the bequest of £800 each to Mary Hawes and Judith Hawes to £500 each; proved in the Prerogative Court of Canterbury on 26 Oct 1741. 30 Dec 1740
(V) Indentures of lease and release operating as assignment of mortgage, between:24-25 Sep 1742
(i) John Woodham [outgoing mortgagee];
(ii) Francis Jessop, Thomas Cave and Humphrey Dell of Flitwick, doctor of physic - guardians and trustees of John Howes, only son of TH [new mortgagees];
(iii) Edward Cobden of Acton [Middlesex], DD.
Reciting (II) and that £200 owing to John Woodham was not paid and he had occasion to call in the loan, (iii) agreeing to advance £200 in his place.
Witnessing (iii) paid £200 to (i) at the request of (ii) and (ii) conveyed to (iii) the land (m) to (q) in (II) above.
Habendum to (iii) subject to redemption of £200 with interest (VI) Indentures of lease and release being a mortgage between:29-30 Jan 1752
(i) John Hawes of Balliol College, Oxford, gentleman, eldest son of Thomas Hawes by Judith his wife, both deceased.
(ii) Edward CobdenReciting
- (II) and (V) above.
- £200 was still owing to (ii).
- a bond of 9 Oct 1738 binding TH to Richard Luke for £100.
- a bond of 1 May 1739 binding TH to Thomas Woodward for £400.
- a bond of 25 Apr 1740 binding TH to Francis Walker of Bedford for £320
- death of TH on 24 Mar 1740 without paying off the bonds above.
- FJ acting as trustee paid off all interest and half the sum of each bond (i.e. £50, £200 and £160 respectively).
- that (i) had attained the age of 21.
- further debts of TH at his death which (i) wished to pay off
- (i) wished to borrow £600 from (ii)Witnessing (ii) paid £600 to (i) at 5% per annum, (i) conveying to (ii):
- land (a) to (l) in (I) above [m-q having been conveyed in (V) above];
(r) close called Prebend Close in parish of St.Paul, Bedford of 11 acres then in occupation of Thomas Field and John Field.
(s) close of pasture ground in parish of St.Cuthbert, Bedford called St.Cuthbert's Close of 40 acres in occupation of John Thompson.
(t) (i)'s undivided moiety of all messuage or tenement with several granaries, warehouses, wharfs and conveniences in parish of St.Paul late in occupation of Thomas Cave, gentleman, deceased, then of Mrs. Elizabeth Cave, widow.
(u) (i)'s undivided moiety of messuage, tenement or inn adjoining (t) then in occupation of James Chamberlin.
(v) (i)'s undivided moiety in all wharfs, barns and other conveniences at the bottom of the yard belonging to (u) then used and occupied by Elizabeth Cave.Habendum to (ii) subject to proviso for repayment of £820.
Covenant (i) to (ii) that he was seized in fee free from all incumbrances except:- an annuity of £30 to William Hawes by TH presumed to have been created by indenture of 3 Jun, 4th Charles I (1628) arising out of premises in Covington [Huntingdonshire].
- an annuity out of (r) and (s) granted to George Hawes by TH by indenture of 4 Jun 1628 arising out of premises in Covington.
- £500 to be paid each to Mary Hawes and Judith Hawes.
Declaration
That £800 be charged at 4.5% interest per annum if paid six monthly or 4% if paid three monthly.(VII) Indentures of lease and release by way of assignment of an existing mortgage between:27-28 Feb 1765
(i) Edward Cobden of Portsmouth [Hampshire], gentleman, kinsman and heir at law of Edward Cobden deceased [marginal notes that this should be proved in the usual way, particularly as the degree of relationship was not stated and that opinion of Mr.Turner was given at the end of the Abstract] (ii) John Caryer of Potton, draper; Rev. William Lucas of Acton [Middlesex] then of Uxbridge [Middlesex], clerk; Rev. William Croucher late of Merton College, Oxford, then of Quendon [Essex], clerk - executors of EC deceased.
(iii) John Hawes; Rev. William Smith of Barton, clerk and Mary his wife [daughter of TH]; Rev. Megison Newton of Wilstead and Judith his wife [daughter of TH].
(iv) William Webb of Bedford, draper.
(v) John Simpson of Covington [Huntingdonshire], gentleman.
Reciting
- (II), (V) and (VI).
- £820 was not paid to EC deceased.
- EC was lately dead, having made his will dated 21 Feb 1762 with codicil dated 14 Nov 1763 appointing (ii) as his executors [marginal note that the will and codicil were proved at Doctors Commons 27 Apr 1764 by the executors].
- £843/10/- was owing to (ii)
- (ii) having need of the money JH had applied to (v) for the sum and a further sum.Witnessing
In consideration of 10/- paid to (i) and £843/1/- paid to (ii) by (v) at the direction of (iii) and in consideration of £156/10/- paid to JH by (v) - (i) conveyed and (iii) confirmed to (v) the land (a) to (v) in (VI) above
Habendum
- land in "Wotton" [not further specified] to use of JH;
- land in Bedford, Hargrave and Raunds [Northamptonshire] and Covington and Bythorne [Huntingdonshire] to use of (v) with proviso for redemption by JH and covenant by (iii) to (v) to levy a fine to (iv) [see VIII below] regarding land in Bedford, Hargrave and Raunds (VIII) Final concord between William Webb, plaintiff and John Hawes, William Smith and Mary his wife and Megison Newton and Judith his wife, deforciants regarding three messuages, three gardens and three orchards, 200 acres of land, 20 acres of meadow and 70 acres of pasture and common of pasture for all cattle in parishes of St.Paul, St.Peter and St.Cuthbert, Bedford with all tithes of hay, wool and lamb.Easter 1765Consideration not given.
(IX) Indentures of conveyance by lease and release for John Simpson to John Hawes1-2 Feb 1781Reciting
- that £1,000 and interest was not paid by JH to JS.
- that (m) to (q) had been sold by JH and conveyed by JH and JS.
- that on 11 Mar 1772 JH by Rev. William Smith of Barton, paid to JS £300 and all interest due thereon - reducing the principal to £700.
- that on 17th Jun 1773 JH by was paid the £700 residue to JS and all interest due thereon but that JS had not reconveyed the remainder of mortgaged premises to JH.
Witnessing
JS conveyed to JH (a) to (l) and (r) to (v).
(X) Indenture of lease and release between John Hawes and John Bradshaw of Nether Crawl[e]y Farm, Luton.11-12 Mar 1781Reciting
- JH wished to borrow £500 from JB
Witnessing
JH conveyed to JB (a) to (l) and (r) to (s)
Habendum to JB subject to proviso for redemption of £500 and interest.(XI) Indenture of release from mortgage between (i) William Smith and Mary his wife and Frances Smith of Barton, spinster, daughter and only child of WS and MS and (ii) John Hawes6 Apr 1782
Reciting
- will and codicil of Thomas Hawes deceased.
- Before marriage of WS and MS an indenture of settlement was executed [marginal note states that this settlement cannot be traced] by them and certain trustees that legacy of £500 from TH to MS was assigned to trustees that interest should accumulate until it amounted to a further £500 which should be then added to the legacy to make a principal of £1,000 which was agreed to be invested in trust to permit WS and after his death MS to receive the interest, the principal passing to FS on the death of WS and MS.
- All interest on £1,000 had been paid to WS to JH.
- Indenture between (i) WS, MS, (ii) FS and (iii) Thomas Dove, clerk after reciting: bequest by TH; marriage settlement noted above; JH agreed to secure £1,000 and interest in trust for WS, MS and FS by mortgage of (a) to (l) and (r) to (s); that WS, MS and FS agreed to discharge the mortgage; witnessed that JH conveyed for term of 1,000 years to Thomas Dove divers hereditaments in Hargrave and Raunds [Northamptonshire] to secure payment of £1,000 and interest to WS, MS and FS
Witnessing in consideration of £1,000 secured by mortgage in trust to the benefit of (i), (i) released to (ii) all real estate on which he charged the £500 legacy.(XII) Indenture of release between John Newton of Great Newman Street, Oxford Street [Middlesex], coachmaker (son and administrator of Megison Newton deceased) and John Hawes [marginal note states that this indenture could not be traced].6 Apr 1728 [1782]Reciting
- will and codicil of TH
- indenture of 3 Oct 1759 between (i) Judith Hawes, (ii) Megison Hawes and (iii) Richard [sic] Smith and Richard Cave which recited: will and codicil of TH regarding £500 legacy due to Judith Hawes on the estate of TH; impending marriage of Judith Hawes and Megison Newton; assignment of legacy to William Smith and Richard cave on trust; and witnessed Judith Hawes with the consent of MN assigning the £500 legacy to WS and RC in trust to pay interest to MN;
- that MN survived Judith his wife and became entitled absolutely to the £500 legacy [marginal note that this should be proved by the burial certificates of both and that Judith Newton was buried on 17 Dec 1768]
- MN died on 7 Jan 1780 leaving his eldest son John Newton who had obtained letters of administration to his goods from PCC
Witnessing in consideration of £500 paid by JH to JN, JN released to JH all real estate charged with the legacy.(XIII) Letters of Administration of goods and chattels and effects of Megison Newton, deceased granted by PCC to John Newton. 30 Apr 1782
(XIV) Indentures of lease and release by way of pre-nuptial settlement, the release made between: (i) John Hawes, then of Cardington, gentleman; Mary Smith of Cardington, widow and Frances Smith of Cardington, spinster; (iii) Leonard Hampson of Luton, gentleman; (iv) Rev. John Smith of Mattinshall (Norfolk) and Edward Hampson of Westwood, Abbotts Langley [Hertfordshire], gentleman. 28-29 Jun 1786
Reciting
- forthcoming marriage of Leonard Hampson and Frances Smith with agreement of JH and MS as well as William Hampson of Luton, gentleman, father of LH.Witnessing
Conveyance from (i) to (iv) of (a) to (l) and (r) to (s) the latter described as: (r) close of pasture ground called Prebend Close in parish of St.Paul containing 11 acres all of which messuage or farm house, closes, lands, grounds and premises were in tenure or occupation of Thomas Field and (s) close of pasture ground in parish of St.Cuthbert then or at some time called St.Cuthbert Close of 4 acres late in tenure or occupation of John Thompson then of Thomas Gadsby.
Habendum to (iv) to the use of JH, remainder to MS, remainder to LH, remainder to FS with proviso that after the death of JH the two £30 annuities be settled on land in Covington, freeing Prebends Close and St.Cuthbert's Close.
Note
- That Leonard Hampson and Frances Smith married and had two daughters - Frances, who married Thomas Anderson Rudd, esquire - and Mary who married John Gibbard esquire.
- That St.Cuthbert's Close was sold to George Livius for £341/18/- [marginal note dates this to 1791]and 1/3/- of Hill Close to the Trustees of the Bedford Charity for £160/17/6 [marginal note dates this to 1796], reserving a road or cart way of 22 feet leading out of Bromham Road to Hill Close, the monies being used to part discharge the mortgage to John Bradshaw [see X above].(XV) Conveyance by indentures of lease and release between John Bradshaw and Leonard Hampson. 11-12 Mar 1789
Reciting
- (X) above.
- default was made in payment of £500 mortgage contrary to the meaning of the proviso for redemption whereby the estate of JB had become absolute.
- £500 mortgage was still outstanding.
- JB had applied to LS for £500
Witnessing
LS paid £500 to JB and JB conveyed to LH the premises (a) to (l) and (r) to (s) [marginal note that the administrators of LH deceased were entitled to benefit of the mortgage and had to join in release] (XVI) Deed of Appointment by Leonard Hampson [marginal note states that Frances Hampson was buried in Luton on 19 Jun 1811] that after his death his estate be divided equally and in trust for daughters Frances and Mary.
(XVII) Indentures of lease and release by way of appointment of trustees between (i) Edward Hampson, (ii) Leonard Hampson who had survived his wife Frances, Frances and Mary Hampson his daughters (iii) Rev. Sir John Filmer, Bart., of East Sutton [Kent] and Richard Gilpin of The Grange, Hockliffe, esquire.
Reciting
- (XIV) above
- that Frances and Mary, daughters of Leonard and Frances Hampson were both over 21
- that John Hawes, Mary Smith, John Smith and Frances Hampson were all dead
- Inclosure Act for "township of Bedford"
- that Edward Hampson, sole surviving trustee, at the request of LH had disposed of several parcels of inclosed land and that EH at the request of LH had chosen (iii) as new trustees to replace EH and JS deceased.
Witnessing (i) at the request of (ii) conveyed to (iii) for 5/- land in the parish of St.Paul, Bedford, comprising:(a) to (l) (r) to (s) (w) close of arable land called Gravel Pit Close containing 13/2/25 in occupation of William Danes (x) close of meadow or pasture ground called Anseys Close containing 9/3/27 in occupation of William Danes (y) close of pasture ground called Prebends Close containing 10/2/30 in occupation of William Danes (z) close called The Meadow containing 7/2/5 in occupation of William Danes (aa) close of pasture ground called Sadlers Corner Close containing 9/0/19 in occupation of William Danes (w), (x), (z) and (aa) being lands allotted at Inclosure(ab) close or piece of pasture ground called the further part continued of Great Hill Close containing 3/2/- in occupation of James Langley (ac) close or piece of pasture ground called hither part of Great Hill Close containing 4/0/4 in occupation of Samuel Smith (ab) and (ac) having together formed Great Hill Close which had then been separated by a quick set fence
To hold to (iii) on trust (XVIII) Articles of Agreement between (i) Leonard Hampson and Frances his eldest daughter (ii) Thomas Anderson Rudd, esquire, Major of Bedfordshire Militia, (iii) Sir John Filmer and Richard Gilpin 18 Jul 1811
Reciting intended marriage between Frances Hampson and (ii)
Witnessing that Frances Hampson's share of the estate of LH as in (XVII) above should be settled to use of (iii) as executors of LH for 99 years subject to declaration below, remainder to LH, remainder Frances Hampson in trust, remainder to TAR
Declaration that (iii) during the lives of LH and FH pay £250 to FH for her own use and not subject to control of TAR.(XIX) Articles of Agreement between (i) Leonard Hampson 16 Dec 1812 and Mary Hampson his younger daughter, (ii) John Gibbard of Sharnbrook, esquire, (iii) Rev. Sir John Filmer, Bart., of East Sutton Park [Kent] and Richard Gilpin of The Grange, Hockliffe, esquire. 16 Dec 1812
Reciting intended marriage of Mary Hampson and (ii)
Witnessing that Mary Hampson's share of the estate of LH as in (XVII) above should be settled to use of (iii) as executors of LH for 99 years subject to declaration below, remainder to LH, remainder Mary Hampson, remainder to JGDeclaration that (iii) during the lives of LH and MH pay £250 to MH. [marginal note that Land Tax redemption certificate and burial certificate of LH should be produced] (XX) Opinion of Francis Turner, Inner Temple, 22 Dec 1824 as to evidence needed to prove title and raising matters noted in marginal notes as detailed above [see also (XXIII) and (XXIV) below] 22 Dec 1824(XXI) Indenture or Deed of Covenant to lead the uses of a fine between (i) Thomas Anderson Rudd and Frances his wife, (ii) John Gibbard and Mary his wife, (iii) Sir John Filmer and Richard Gilpin 24 Jan 1825
Reciting
- (XVII)
- death of Frances Hampson in Jan 1811
- that (r) and part of Hill Close containing 1/3/- were sold in 1791 and 1796 respectively [see (XIV) above] together with other sales of land
- (XVI)
- (XIX)
- marriage of John Gibbard and Mary Hampson on or about 17 Dec 1812
- death of Leonard Hampson on 5 Mar 1824
Witnessing (i) and (ii) covenanted with (iii) to levy a fine to (iii) regarding:
(w), (x), (aa), (ab), (ac) (ad) Provender Meadow Close containing 18/0/35 (ae) piece of ground part of Hill Close containing 0/2/36 and all other lands, tithes and hereditaments in St.Paul's, Bedford subject to the trusts of (XVIII) and (XIX) above the fine enuring the land to use of (iii) upon trusts for sale (XXII) Final Concord between Sir John Filmer and Richard Hilary Gilpin plaintiffs and Thomas Anderson Rudd and Frances his wife and John Gibbard and Mary his wife, deforciants regarding 100 acres of land, 100 acres of meadow and 100 acres of pasture with all tithes and tenths arising in parish of St.Paul, Bedford 1825(XXIII) Solicitors' answer to queries raised in (XX) 3 Jan 1825(XXIV) Further opinion of Francis Turner on title [see also (XX) and (XXIII) above], inter alia, that the two £500 legacies were released by (XII) above and his opinion on tithes arising out of land.
(XXV) Indentures of lease and release of five parts 5 & 6 Jul 1825 between (i) Rev. Sir John Filmer, Bart., of East Sutton Park [Kent] and Richard Gilpin, esquire, of The Grange, Hockliffe, (ii) Thomas Anderson Rudd, esquire of Ampthill and Frances his wife, (iii) John Gibbard, esquire, of Sharnbrook and Mary his wife, (iv) Thomas Davies, esquire, of Bedford, (v) Rev.Thomas Short, clerk, of Oxford.
Reciting
- (XIV)
- death of John Hawes in Jan 1802 and his burial in parish of St.Paul's Bedford.
- death of Frances Hampson in Jan 1811 and her burial in Luton
- that Frances Rudd and Mary Gibbard were only children of Leonard and Frances Hampson
- (XVI)
- (XVII)
- (XIX)
- death of Leonard Hampson on 5 Mar 1824 intestate
- (XXI)
- (XXII)
- at an auction sale (iv) had as an agent for (v) contracted with (i) to purchase land below
Witnessing (v) paid £640 to (i), to be held in trust, and (v) paid 10/- to (ii) and (iii); (i) at the request of (iv) conveyed to (v), (ii) and (iii) conveyed and confirmed to (v) and (iv) quit claimed to (v):(ab) described as: a close, piece or parcel of land or ground, hereditaments and premises being the further part of a close called Great Hill Close containing 3/2/- in parish of St.Paul, Bedford, late in occupation of James Langley, since of William Millard then of Thomas Davies bounded by: to N the Clapham Turnpike Road; to E by part of Great Hill Close lately sold to John Austin; to S by garden and premises of Robert Palgrave; to W by road leading from Clapham Turnpike Road into the Newport Pagnell Turnpike Road.(XXVI) Indenture of covenant between (i) John Anderson Rudd and John Gibbard, (ii) Robert Elliott, esquire of Goldington, (iii) Thomas Short to produce deeds etc.
(XXVII) Z 948/2 below