Title
Indentures of Lease and Release in fee of the Wootton Charity Estates. 6 skins (Rel.). Parties
(i) Joseph Francis Buckworth of York St., Portman Square, (Middx.), esq., and his wife Dame Mary Payne (late Mary Monoux, spinster), the Hon. Samuel Henley Ongley of Sandy and his wife Frances (late Frances Monoux, spinster), John Franklin of Montague Place, Russell Sq., (infant, under 21 and eldest son and heir at law of Judith Reddall, late wife of Richard Franklin, and formerly Judith Reddall Monoux, spinster), and Lucy Monoux of Eversholt, spinster.
(ii) Theed Pearse of Bedford, gent.
(iii) Sir Charles Payne of Tempsford Hall, bart., Sir William Long of Kempston House, knt., Rev. Thomas Gadsby, clerk, vicar of the vicarage and parish of Wootton, Joseph Francis Buckworth esq. as above, John Foster of Brickhill in the parish of St. Peter's Bedford, esq., Coventry Payne of York St., Portman Sq., (Middx.), esq., John Berry, Joseph Barnard Dimmock, William Parsons, William Thompson, Robert Thompson, Vincent Wallis and Joseph Robinson, all of Wootton, yeomen. Recitals
Feoffment, with livery of seisin endorsed, from Thomas Audley and William Rowse to Richard Button etc., feoffees, of land particularly described therein and in an Indenture of 20 Feb 1706 (see below): see X740/16. 23 Mar 1611
Indenture of Feoffment, with livery of seisin, from Henry Fowkes the elder to Humphrey Monoux, esq., and several other persons described therein, (after reciting that HF survived all the other feoffees in the Feoffment of 1611) of all the aforesaid lands and hereditaments to hold to them, the feoffees, their heirs and assigns to the uses expressed in the Feoffment of 1611 (see X740/16). 15 Jan 1649
Indenture of Feoffment, with livery of seisin, by way of conveyance from Henry Fowkes, John Hill and William Hill the younger, surviving trustees of the lands and hereditaments, to Sir Humphrey Monoux, bart., and several other persons, their heirs and assigns, of the aforesaid lands and tenements to hold the same to them, the said feoffees, upon the trusts and to the uses, intents and purposes expressed viz. that they should receive, take, employ and bestow all the rents, revenues, issues and profits of all the lands and hereditaments to the charitable uses aforesaid; and to the intent that the said premises and the rents etc. thereof might be regulated according to the ancient usage and the true intent and meaning of the donors of the same, it was declared and agreed that the trustees and the survivors of them and their heirs and assigns should receive and take the rents etc. of the premises from time to time, as the same should arise and become due and payable, and deliver and pay over the same to the Churchwardens and Overseers of the Poor of Wootton to the charitable uses aforesaid who should yearly thereafter give and account to the said trustees, their executors or assigns, or to some other of the chief inhabitants of Wootton as the said trustees should appoint, all the sum(s) of money received and disbursed by them to the charitable uses aforesaid and what arrears should be found to remain in their hands should be paid over by them to the next succeeding Churchwardens and Overseers for Wootton and upon any just exceptions to be taken to any such Accounts, then the said parish officials so involved should account for the same before the J.P.s for the County of Bedford at the next Petty Session to be held for the Division. 24 Jul 1678
Indentures of Lease and Release by way of Conveyance from Samuel Thompson. then Sir ST, knt., and John Fowkes, surviving trustees of the Feoffment of 1678, to Sir Philip Monoux, bart., Sir Philip Boteler, bart., Lewis Monoux, esq., Humphrey Monoux, esq., (son and heir apparent of Sir PM), Humphrey Monoux (son and heir apparent of LM), Robert Thompson, esq., (one of the sons of the said Sir ST), William Boteler, gent., Robert Hinde, brewer, John Hill, gent., Henry Hill, yeoman, John Hill, yeoman, (son of HH) and Thomas Millard, weaver, and their heirs of all and singular the messuages, cottages, closes, arable land, meadow, pasture ground and hereditaments particularly described viz. 19-20 Feb 1706
- messuage or tenement with pightle of pasture adjoining thereto in Church End, Wootton, then or late in the tenure or occupation of Praise Noell.
- cottage or tenement in Boat End, Wootton, then in the occupation of Thomas Fensham, his assigns or undertenants, with a piece of pasture adjoining thereto.
- 1 pightle more in the tenure of TF, his assigns etc.
- close of pasture in the same end and then in the tenure of TF or his assigns.
- cottage or tenement with close adjoining in Hall End, Wootton, then in the tenure of TF or his assigns.
- close of pasture in the same end, then in the tenure of TF or his assigns.
- piece of meadow lying in Chise sade otherwise Shisslade.
- another piece of meadow lying in the same meadow. - one other piece of meadow lying in the same meadow.
- 2 heydons of meadow in Middle Field, Wootton, abutting on the Great Brook.
- 1 heydon more in the same meadow shooting down to Great Brook E.
- 1 ac. of arable land lying together in the same field in Brook Furlong.
- ½ ac. more in the same Furlong.
- 1 ac. more lying in Short Swinhill.
- ½ ac. more lying in Long Swinhill.
- ½ ac. more lying in Middle Field on Barn Furlong abutting upon [the] common plot W.
- ½ ac. more in the same furlong.
- ½ ac. more lying upon Oak Furlong abutting upon Small Haydes W.
- ½ ac. more abutting upon Small Haydes E.
- ½ ac. more abutting upon Little Highway W.
- ½ ac. more in the same Furlong.
- 1 ac. more in the same furlong abutting upon Little Highway W.
- ½ ac. more lying in Smith Mead Furlong abutting upon Smith Mead S.
- ½ ac. more in the same furlong abutting on Smith Mead S.
- ½ ac. more in the same furlong abutting on Smith Mead S.
- 1 r. more in the same furlong.
- 1 r. more in the same furlong.
- ½ ac. more abutting upon Berry Field Hedge W.
- ½ ac. in Breach Furlong abutting on the Highway W.
- ½ ac. more in the same furlong abutting on the Highway W.
- ½ ac. more on the same furlong abutting on the Highway W.
- 1 r. more in the same furlong.
- ½ ac. more on Long Furlong.
- 1 ac. more in the same Furlong abutting on Mill Hole S.
- 1 ac. more lying in Broad Land.
- 1 five rood land in the same furlong.
- 1 three rood land in the same furlong.
- 2 r. more lying on Patty Cross or Hogg Cross Furlong.
- 1 r. more in the same furlong.
- ½ ac. more in the same furlong.
- ½ ac. more lying on Hatchway Furlong abutting on Hatchway W.
- ½ ac. more in the same furlong abutting on Hatchway W.
- ½ ac. more in the same furlong abutting on Hatchway W.
- ½ ac. more in the same furlong abutting on Hatchway W.
- ½ ac. more lying on the Gravell Pitts.
- 1½ acs. lying in Long Croft.
- 1 ac. lying in Hoo Field abutting on the Hooe Wood S.
- ½ ac. more in the same field.
- ½ ac. lying on Twelve Acres Furlong.
- ½ ac. more in the same furlong.
- ½ ac. more lying in Smith Mead Furlong.
- 1 'thorowout' ac. lying in Slucelase Hill abutting on Hooeway W.
- 1 'thorowout' ac. more in the same furlong.
- ½ ac. more on the same furlong.
- ½ ac. more on the same furlong.
- 5 r. lying together in Kempston Marsh Field.
- ½ ac. more in the same furlong.
- ½ ac. more in the same furlong.
With all their appurtenances.
Habendum: to Sir Philip Monoux etc., their heirs and assigns in trust nevertheless and upon confidence and to and for the several intents and purposes expressed, mentioned and declared in the first recited Indenture of Feoffment.
Inclosure Award for the parish of Kempston in which the Commissioners set out, allotted and confirmed to Sir Philip Monoux, father of the late Sir PM, as trustee of the Wootton Charity Land in lieu of and as a full compensation for 7 lands and other interests in the open and commonable lands and grounds of Kempston: 6 Nov 1804
- 1 piece or parcel of land or ground in Hardwick Green in Kempston, containing 2r. 22p., thereinafter exchanged to Sir PM for his own use,
...and assigned and set out to Sir PM, for his own separate use from his estate as trustee of the Wootton Charity, the above allotment in exchange for and the Commissioners did in lieu thereof assign and set out to Sir PM as such trustee (separate from the estate of Sir PM in his own right):
- 4 lands in Wootton Hedge Furlong in Hilly Field in Wootton viz.
- 1 land containing 2r. 17p. bounded on the E. by lands belonging to Sir PM and on the W. by land belonging to the Rev. Charles Geary.
- 2 lands containing 1ac. 19p. bounded on the E. by lands belonging to Samuel Cornish esq. and on the W. by lands belonging to John Emery.
- 1 land containing 2r. 19p. bounded on the E. and W. by lands belonging to Sir PM.
...and Sir PM received the rents and profits of the lands so allotted and given in exchange to him as trustee of the charity until his death.
Indenture of Grant from Edmund Wingate to Mary Willoughby, Humphrey Monoux, Richard Button, Edmund Bracey (else Brasey) and Henry Fowkes the younger (in consideration of £50 paid to EW by MW) of an annuity or yearly rent charge of £3 to be issuing and going forth out of 30 acs. of arable land, ley and meadow ground in the common fields of Pillinge, Wootton. 19 Jun 1633.
Habendum: to hold, receive and take the same unto them, their heirs and assigns, in trust and for the sole benefit of 6 poor widows of the parish of Wootton to be chosen and nominated by MW and the other trustees, their heirs and assigns and by the Overseers of the Poor, payable half yearly on the feasts of the Nativity of Our Saviour and Pentecost by even and equal portions at or in the 'South part' of the parish church of Wootton with the usual powers of distress and entry for payment of the annuity in case the same should be in arrear for 20 days next after any of the days of payment mentioned.
Provision that in case of non-payment by the space of 40 days next after either of the feast days, then (i) his heirs or assigns should forfeit to the trustees, by way of penalty, 5s. for every month the same half yearly payment should be in arrear with the usual powers of distress and entry for better recovering the payment of the penalty when the same should become payable.
Provision that in default of 6 poor widows the said annuity should be disposed of to the use of some other poor persons of the said parish who, together with the poor widows found there, might make the full number 6, to be nominated and appointed as said; and to be equally divided between the 6 widows or other persons.
Indenture of Grant from John Fowkes, son and heir of Henry Fowkes (party to the above Grant), surviving trustee of the said rent charge, to Sir Philip Monoux and the other releasees named in the Indenture of Release of even date recited above, their heirs and assigns, of the said annuity or rent charge of £3 and the said forfeiture of 5s. per month on non-payment thereof and all the said powers of distress and entry as said. 20 Feb 1706 See P3/25/7 for original Indenture
Habendum: to hold, receive and take the said annuity and premises to (ii), their heirs and assigns in trust and for the intents and purposes expressed and declared re the same in the recited Indenture of 19 June 1633.
Order of the Master of the Rolls, made upon the petition of (i), whereby it was ordered that it should be referred to John Campbell, esq., one of the Masters of the Court, to appoint some proper persons to be trustees of the Charity lands and rent charge and premises; that the petitioners should convey and assure such legal estate and interest as they had in the said trust premises to the trustees so to be appointed upon the trusts and to and for the ends, intents, and purposes mentioned and declared by the two several Indentures mentioned in the petition viz. those of 23 Mar 1611 and 19 Jun 1633; that, when the number of trustees which should be so appointed should be reduced to 4, the remaining trustees should appoint a sufficient number of other persons to act as trustees with them in room of the deceased trustees in the trusts of the said Indentures so as to make up the number of trustees equal to the number the Master should appoint; that the same number of trustees should be kept up and whenever an appointment of new trustees should become necessary the legal estate and interest in the said trust premises should be conveyed and assured by the continuing trustees to themselves and the new trustees to be appointed to, for and upon the trusts aforesaid; that the Charity Estate should be from time to time let by the said trustees at the best and most improved yearly value; that the rents, profits and income of the said Charity Estate and premises should be applied by the trustees from time to time to, for and upon the trusts, intents and purposes or as near thereto as circumstances would permit. 22 Apr 1817
That, in pursuance of the said Order, (i) laid a State of Facts before the said Master and thereby proposed (ii) to be trustees of the lands, rent charge and premises in the stead and place of (i) and which proposal the said Master has approved.
Order of the Master of the Rolls made upon the Petition of (i), wherein it was stated that the said petitioners were advised that other directions were necessary beyond what were contained in the Order recited above and it was ordered that it should be referred to the said John Campbell esq. to enquire and state to the Court who was the survivor of the last appointed trustees of the Charity Lands and rent charge and if it was found that the said John Philip Monoux was such surviving trustee the Master should enquire who was/were the heir(s) at law of the said Sir Philip Monoux and whether the petitioner John Franklin or any other(s) of the petitioners was/were an Infant Trustee(s) within the intent and meaning of the Statute of 9 Anne entitled 'An Act to enable Infants who are seized or possessed of estates in fee in trust or by way of mortgage to make conveyances of such estates'; that if the Master found that JF was such an Infant Trustee, he should approve of a plan for continuing the trustees of the said Charity from time to time in case of the death of any/either of them and a plan for letting the Charity Lands and the application of the rents and profits thereof. 11 Nov 1817
That, in pursuance of the said Order, (i) laid 2 other States of Facts before the Master accompanied with evidence in support of the same upon consideration whereof the Master, by his Report 7 Mar 1818, reported that he found that Sir PM was the survivor of the last appointed trustees of the said Charity Lands and the rent charge and that the said late Sir PM was his heir at law; and that the said late Sir PM died in 1810 and left Dame Mary Payne, Francis Ongley, Lucy Monoux and Judith Reddall Franklin, since deceased, his sisters and co-heiresses at law, him surviving; that JRF was since deceased leaving the said John Franklin her only son and heir at law who together with DMP, FO and LM were the heirs at law of the said Sir PM; that the said JF was an Infant Trustee (as defined by Statute) and was an infant and a trustee of the said Charity Lands for the benefit of the said Charity; and the Master approved of the plan proposed by the said petitioners as a proper plan for continuing the trustees of the said Charity from time to time in case of the death of any of them and for letting the said Charity Lands and the application of the rents and profits thereof.
Order of the Master of the Rolls, made upon the petition of (i), whereby it was ordered that the Master's Report should stand confirmed absolutely; that the said petitioners should release and convey the said Charity Lands and rent charge and all the estate, right, title and interest in and to the same to (iii), their heirs and assigns upon the trusts and to and for the ends, intents, and purposes mentioned and declared in and by the Indentures of 23 Mar 1611, 19 Jun 1633 and 20 Feb 1706; and that the Master should settle such conveyance. 18 Apr 1818
That the Master has approved of these presents and in testimony of such approbation has signed his name in the margin of the engrossment of the first 5 skins and in the margin of the 6th and last skin thereof.
Operative part
Conveyance by Lease and Release from (i), in pursuance of the last recited Order of the Master of the Rolls and for effecting the same as far as the same can be done and in consideration of 10s. paid to (i) by (ii) and (iii), to (ii), his heirs and assigns of:
(a) all and singular the messuages, tenements, dwelling houses, cottages, closes, fields, pieces or parcels of arable, meadow and pasture land, hereditaments and premises mentioned and comprised in and granted, enfeoffed and released or otherwise assured by the recited Indentures of 23 Mar 1611, 5 Jan 1649, 24 July 1678, 19/20 Feb 1706 and awarded in the Inclosure Award of 6 Nov 1804 with all their rights, members and appurtenances.
(b) annuity or rent charge of £3 p.a. and said nomine penee or payment of 5s. per month upon non-payment thereof as mentioned in and granted and confirmed by Indenture of 19 Jun 1633 with powers of entry and distress for enforcing payment of the same. Which said rent charge and premises were afterwards by the recited Indenture of 20 Feb 1706, granted and confirmed to and vested in the said Sir Philip Monoux et al. upon several trusts therein mentioned.
Habendum: to (ii), his heirs and assigns to the use of (iii), their heirs and assigns forever nevertheless upon the trusts and to and for the intents and purposes expressed re the same viz.
(a) to and for the several intents and purposes in the recited Indentures (esp. of 23 Mar 1611 and 20 Feb 1706) expressed of and re the same.
(b) upon the several trusts and to and for the several intents and purposes expressed of and re the same in and by the recited Indentures of 19 Jun 1633 and 20 Feb 1706.
Margins: Approbation (with signature) of J. Campbell (who has signed his name in the margins of the first 5 skins), in the margin of the 6th skin, approving and allowing 'this Indenture of Release in Fee...being the same mentioned in my Report bearing date the 12th day of August 1818'; a similar signed approbation by JC appears in the margin of the Indenture of Lease.
Dorse: signed, sealed and delivered by JFB and DMP in the presence of Richard ?J. Wright, clerk to Messrs. Swain & Co. of London, solicitors; by SHO and FO in the presence of Robert Lindsell of Biggleswade, solicitor; by JF in the presence of William Francklin of Lincolns Inn; by LM in the presence of F.H. Ongley of Eversholt, spinster; by VW in the presence of Theed Pearse junior of Bedford; and by JF in the presence of Emily Foster of Brickhill, Bedford and Eliza Fawsett of Marylebone, London; and inscribed 'To be deposited & kept in the Iron Chest with the Registers of the Parish of Wootton'.