Scope and Content
Abstract of Title of Francis Herne Esq to estates in Luton. Pedigree of Napier family showing descendents of Sir Robert Napier
a) Trust Deed by demise of 40 yrs at peppercorn rent after death of 1). 1) Sir Robert Napier Bart (grantor of demise)
2) John Halsey & Roger Gillingham (Trustees), Manors of Luton & Luton Hoe, of Bayliffs & of Aynells, of Dallowe, of Brach, of Davy de Ashby, of Lertlford of Woodcroft, & of Hallyard in Luton Parish The Hundred of Flitt with the Manor of Dame Seares
in Caddington & Kensworth Dunstable & Dunstable Houghton in Beds & Herts. b) Deed of Entail, 1) Sir Robert Napier
2) John Earl of Bridgwater (Trustee of entail), 3) John Halsey & Roger Gillingham confirms a) still incorrectly dated
to use of 1) for life, to son John in tail Male, to son Alex. in tail made, remainder to heirs & assigns of John Napier in fee, 29 Jan 1660 [1661].
Sir Robert died without altering a) & b). c) quit claim. 1) Alex Napier of Sir Robert Napier, Knight, 2) Sir John Napier (son & heir of Sir Robert) & Robert Gillingham recites death of Sir Robert Napier & John Halsey. 1) 24 yrs old on 2 May 1671 (i e born 2 May 1647)
received rents but not £6000 worth of lands but had received £1000 and interest on £5000 at 6% until 2 Nov last ie only due £5000 & £150 interest. Consideration £5150 paid by 2) to 1), 3 May 1678. d) Enrolled Bargain & Sale to create Tenant to Precipe
1) Sir John Napier, 2) Roger Gillingham (Tenant to precipe), 3) Thomas Rocke, 25 May 1694. e) Recovery Trinity 6 William & Mary [1694. f) Settlement in Tail by Lease and Release, 1) Sir John Napier,2) Thomas Napier Esq, Simon Biddulph Esq, John Highlord Esq, Messuage of manor house called 'The Brache', Luton & arable, meadow & pasture, occupance William Chapman
AND messuage or farmhouse called 'Summeries' & arable land, meadow & pasture, woods & premises belonging in Stopsley & East Hyde, Luton occupance of Sir John Napier & Samuel Barell & also that coppice or spring of wood in Luton above Spring Close
AND 3 cottages in Luton called 'Why Ask You' with close of pasture belonging AND cottage in Luton & close of ground belonging called Tittle Tattle Hall AND meadows called St Johns Meadow Luton in occupance of Sir John Napier AND messuage or tenement & Mill & arable land & meadow & pasture belonging in Luton called the Brach Mill now in occupance of John Smith with houses etc to use of 'Sir Archibald' sic [Sir is incorrect never became 'Sir'] residue to 1st every sons in tail male, remainder to Edward Napier (another of Sir John's sons) remainder to heirs male to Alexander youngest son in fee, 2 & 3 Jun 1702. g) Settlement in tail by Lease & Release. 1) Sir John Napier, 2) Edward his son, 3) Thomas Napier & John Highlord (Trustees), Messuage or manor house called Copt Hall to use of 1) for life remainder to Edward Napier for life, remainder to first & other sons in tail male, remainder to Alexander & his sons, remainder to Trustees for 99 yrs (in fact never took effect), 17 & 18 Apr 1707. h) Will of Sir John Napier, confirms all above Settlements - estates in Beds should pay off money raised on bonds, mortgages & wages due to servants either by
'fall of woods' or as executors think fit eldest daughter Highlord £100 p a for life out of Park & Woods, daughter Frances £400 to be raised out of whole estate if she marries with consent of Sir John & his wife & has £400 pa settled upon her or else lose all to son Edward £50 pa out of Copthall if he should live 'to come home' all advowsons of Churches & Chapels held by Sir Robert
in the 2 counties & all houses etc in trust so that rents & profits are received by John Napier Esq (I of sons of I), who is in his turn to pay £50 pa to maintain & educate Alexander (other son) until 17, then pay him £60 pa until 24 (similar payments to be made in favour of
Robert Napier grandchild of 1) [from pedigree appears he was the son of Robert a son of Sir Robert by a previous
marriage] - he only gets £40 pa till 15 then same as Alex). £1400 to be paid by John firstly to pay off Sir Robert's debts then towards raising £6000 to be employed in purchasing lands for Alex for him at 24 unless provided with £6000 by 1) in his lifetime
then to raise £9000 for grandson Robert if he does all this to satisfaction of Rt Hon John Earl of Exeter, John Earl of Bridgwater & Oliver Earl of Bolingbroke (as advised by counsel then 2) are to yield lands up to 1) Sic: 28 Jun 1666 [1667]
Real date of this deed is 29 Jan 1660 [1661] Sir Robert Napier was buried 7 Mar 1660 [1661] Luton Parish Register
[BPRS Vol. 53]. To son Alexander £50 pa out of such of his estate at Luton Hoe as is not engaged before. To son Archibald:
Toll of Luton Market on condition it ""never be sold from his name"". After his debts should be settled, settle estates on son Archibald, his son Edward & heirs male, Made 20 May 1703. But Sir Theophilus Napier his son & heir at law pleads a successful ejectment in case of court of common pleas on grounds Sir John Napier was a lunatic = verdict against the will, divers adions re the estates between Dame Elizabeth Napier (widow of Sir John), Sir Theophilus Napier, Archibald Napier & Edward Napier (younger sons), re several dispositions as well as will &' his ability at the respective times of his making thereof' law 'suits having been very expensive and being attended with great trouble & difficulties"" agree to arbitration of Lord Trevor to end the lawsuits '& to make the parties friends'. proposals reduced into:- i) Articles of Agreement. 1) Dame Elizabeth Napier, 2) Sir Theophilus Napier, 3) Archibald & Edward Napier, Manor of Luton & Manor of Aynells Bailiffs alias Baylys, Dallow Hoe alias Luton Hoe, Hyde, Hallyard & Woodcoft & Barton, The Hundred of Flitt, Advowson of Luton, Capital Mansion House called Luton, Hoe Beds with the park, woods & demesnes belong. Tithes of East & West Hyde, Pursleys farm, Rynesford farm, The Hyde farm, Farm held by Henry Harris, Farm held by John Watson, Farm held by John Davis, house & land held by John Charnock, House & orchard held by Thomas Gooding, House & close held by William After alias Archer, House & Orchard held by John Fensum, House & orchard held by Jeremiah Bunn,
House & orchard held by Thomas King, House & close held by Francis Hawkins, House held by Agnes Crawley, House & close held by Richard Little, House & close held by Thomas Simons, House & close held by Richard Clement, House & close held by Edward Bourne, House & orchard held by Thomas Harris, House held by Thomas Cowper, House & close held by Abraham Garner alias Gardiner, House held by Jonathan Parsons, House held by William Parsons, 4 Tenements at Berry Hill, Close in Luton held by Hugh Burt, Coach house & stables at Luton Town, Toll of Luton held by John Sanders, Coleharbour farm in occupance of William Chapman,Beds & Herts, to be settled on Sir Theophilus Napier but charged with £1000 to be paid to Elizabeth on day of her marriage & until she is 21 or married £40 pa after 21 till death or marriage £50 pa, ii) to Archibald lands described in deeds of 2
of 3 June 1702 see f) above i.e Brache & Summeries (remainder to 1st & other sons in tail maile remainder Sir Theophilus Napier remainder to 1st & other sons in tail male chargeable with £60 pa (subject to Taxes) after decease of Archibald to now wife of Archibald for her life with power of Archibald to charge it with £20 pa more if he think fit, if this wife should die during lifetime power to charge up to £80 for jointure with any subsequent wife. To Edward Napier lands described above as g) ie Copt Hall with power to settle any part on wife in jointure up to £150 per ann, iv residue of estate of estate of Sir John Napier & separate purchases of Lady Napier in Beds & Herts to be vested in Francis Neale Esq, George Buckby, Gentleman & Thomas Denton, gent. Trustees
for sale, named by Sir Theophilus to be sold for payment of debts of Sir John Napier if not paid off as described below
BUT if all are discharged within 18 mths then should be settled on Sir Theophilus & his heirs Lady Napier indemnified against Sir John's just debts & college rents, person in possession of the Mansion House should keep & put the same in sufficient repair & not to dispark the park but be liberty to make new alterations & buildings in Mansion house, orchards & gardens.
Should not be restrained from making improvements in park as he should think fit, a reasonable stock of deer being kept thereon 'for the preservation of the deer & park'. Provide Act 21 Dec 1717, although arrangement of benefit to Archibald's 2 children John (12 yrs old ie born c 1705 - 1706) & Elizabeth Napier (15 yrs) b c 1703 - 1704) have to have authority of parliament to approve the Agreement above. After 24 Mar 1717 [1718] estates in Beds & Herts vested in Francis Neale, George Buckby, Thomas Denton, Sir George Warburton, John Coppin & Francis Brace as Trustees to convey lands etc in Agreement above to the various beneficiaries
Clauses re Sir John's debts, 4 Geo I [1717-1718]. j) Sale of Yorkshire estate by Sir Theophilus Napier to Marquis of Carnarvon
for £40,000 & thereout paid greatest part ofSir John Napier's debts,1718. Death of Archibald leaving John (inf) his heir, 1719.
k) Will of Sir Theophilus Napier (died May 1719) to wife Elizabeth Napier for life EXCEPT Manors amounting to £400 pa (which
by the marriage Settlement made by his father upon his mother to be added to the Yorkshire estate to make that estate amount to £2000 pa). To Dame Elizabeth his wife & to heirs forever (ie outright) (arises out of Bedforshire estates & all his estates in Yorkshire
subject to payment of all of his debts & payment of legacies to godson & nephew John (son of brother Archibald), after decease of Dame Elizabeth his wife all estates except for £400 pa above 'but in case said Dame should then be with child, then all manors in Beds, Herts & Yorks, to the child, Will made 28 Dec 1715, No date of probate given. On Sir Theophilus Napiers;' death - John becomes tenant in tail of estates in Beds & Herts settled on Sir Theophilus, Chancery Decrees in Edward Napier (plaintiff) v Sir
John Napier (infant) by Dame Elizabeth Napier, his grandmother & the Trustees above. Trustees should convey certain estates to Edward Napier for life, 17 Jul 1719. l) & m) Lease & Release, 1) Francis Neale, George Buckby,Thomas Denton, Sir George Warburton, John Coppin, Francis Brace, 2) Edward Napier son of Sir John Napier Bart, deceased, Sir John Napier (son of Archibald)
3) Simon Biddulph (prob relation of Sir John Napier's widow who was nee Biddulph), Richard Cockain Esq (Trustees of
Contingent Remainders), Copt Hall etc Luton, 30 & 31 Jul 1719. Christmas 1720 Lady Napier [grandmother died] & Edward Napier died without issue, n) & o) Lease & Release, 1) George Buckby, Sir George Warburton, John Coppin Trustees (others all deceased)
2) Hon Sir Conyers Darcy Knight of the Bath, Rt Hon Elizabeth Lady Dowager Howard of Effingham his wife (formerly Lady Dame Elizabeth Napier widow of Sir Theophilus Napier 3) Sir Theophilus Bart, recites Agreement of 21 Dec 1717,recites Deed Poll of Sir Theophilus Napier, grants wife Elizabeth (in consideration of marriage) Annuity of £300 out of Manor of Luton etc if she survived him
26 Mar 1718.Recites no conveyance made by Trustees except Settlement above to Edward Napier but Sir Theophilus continued to enjoy profits & rents settled on him desirous to pay father's debts & his own he & Lady Elizabeth his wife sold estate in Yorkshire
worth £600 pa & out of trust money buy manors to value of £500 pa, recites Marriage Settlement 1) Sir Theophilus Napier
2) John Rotherham Esq (father of Lady Elizabeth i)s wife (Trustees of Marriage Settlement Sir Henry Penrice, Knight 3) Dame Elizabeth wife of 1) (now Lady Howard of Effingham) farm in Luton [182A] with 7 messuages occupance John Pridden, a Mead in Luton (1A) in occpance of Thomas Findar Gt Dallow Mead,Harding Hall, Mead next 7A, farm in Luton [107A] in occupance of Alice
Day, farm in Luton called Halseys [100A], occupance of Jerimiah Oakly, farm in Shillington [Shillington], (mostly pasture) in occupance of Richard Kitcher [Is this mistranscription for Kitchener?] farm in Shittlington [Shillington] [40A] all pasture in occupance of John Roberts. Wood at Shitllington called Hanscomb Ley (30A), farm in Pegsdon, Herts [110A] occupance of Thomas Field,
farm at Limbury [in Luton] [146] occupance Samuel Symonds, sev pieces of land in Luton lying dispersedly in the common fields [30A] occupance John Sherlock. Messuage & 30A of land in Luton Fields occupance Abraham Scott, lands in Stopsley fields 30 1/2A occupance of John North 'the manor of Shitllington"" [Shillington] Mead in occupance of George Sherratt [1A3R], New inn in occupance of John Freeman 16 July 1718. Death of Archibald in lifetime of Theophilus who died 15 Mar 1719 [1720] without
issue, leaving John (his nephew; son of Archibald) recites will of Theophilus .After his death dispute between Sir John Napier & the now Lady Howard of Effingham re validity of will & deed poll & Marriage Settlement of 16 Jul 1718 Cases in Chancery Sir John Napier by Lady Elizabeth Napier (grandmother) plaintiff Lady Elizabeth Napier (now Lady Howard of Effingham), Francis Neale, George Buckby, Thomas Denton, Sir George Warburton, John Coppin & Francis Brace, Edward Napier, Sarah Napier (widow of Archibald) & Elizabeth Napier (daughter of Archibald) AND Lady Elizabeth Napier (now Lady Howard of Effingham, widow (plaintiff)
v Sir John Napier, Dame Elizabeth Napier (grandmother) & Sir George Warburton etc & also v Thomas Ellingham & Pet Bennett Gentleman. Heard 12 Dec 1721,decide a):- so much of trust estate as was vested in trustees by Act & comprisesd in deed of 16 July 1718 should be applied acc Act b) John Hickcocks Esq., Master in Chancery re Manor of Shitlington, c) Trustees should convey other lands comprised in deed of 16 July 1718 to Lady Effingham & her heirs when debts of Sir John Napier should be paid out of personal estate of Sir Theophilus Napier & as to debts not comprised in the mortgages leasehold estate declared as assets of Sir John & liable to payment. So Sir John's debts unpaid should be first satisfied out of the Leasehold estate SO Lady Howard of Effingham & Sir John Napier appeal against verdict to House of Peers heard 26 July 1726, some affirmed, some reversed (incl those
re payment of Sir John Napier (deceased's debts) they order:- a) Lady Howard of Effingham allowed out of leasehold estate & profits fine & necessary charges of renewing lease if should not be sufficient then, residue to be paid out of personal estate of Sir Theophilus Agreement (to be made order of court of Chancery) 1) Lady Effingham (husband now dead), 2) Sir John Napier
5 July 1728. Order of Chancery confirms agreement, Trustees in Act to convey to Lady Effingham all lands & tenements in Agreement of 16 July 1718 except Manor of Shitllington [Shillington] free from fee farm rent of £78.7s.2 3/4d. issuing out of Manor of Shitllington [Shillington] & Sir John to join in conveyance of above to Trustees to use of her for life then to use of him for life, then to Trustees for contingent remainders to first & other sons of Sir John Napier tail male then to Lady Effingham in fee (subject to charge of farm rent of £78.7s.2 3/4d. re rest of trust estate not made in settlement of 16 July 1718. Trustees in Act should convey them to Sir John Napier
in Acc with Act. Subj to £300 pa rent charge to Lady Effingham for her life. Lady Effingham to discharge all the debts of Sir John Napier deceased out of personal estate of Theophilus pursuant to decree of House of Peers. Conveyances carry above into effect
with such variations as 2 parties above should agree or counsel should advise. Master's Report (Chancery) advertised in Gazette for Creditors of Sir John Napier, Lady Effingham had paid several creditors in full no others proved any debts Confirmed by Court 12 Jan 1730 [1731].Lady Effingham since had married Sir Conyers Darcy. Francis Neale, Thomas Denton, Francis Brace 3 of
Trustees since dead. Elizabeth Napier, spinster,Edward Napier dead (leaving Sir John his heir at law). Manor of Luton, Manors of Aynells, Bayliffs alias Baylis, Dallow, How alias Luton Hoe, Hyde, Hallyard & Woodcraft & Barton, Hundred of Flitt, Advowson of Vicarage Church of Luton, Capital Messuage called Luton Hoe with park, wood & demise lands & Tithes of East & West Hyde
Farms called Pursleys Farm (Rynesford farm) Hyde Farm, Farm then or late held by Henry Harris, Farm then or late held by John Watson, Farm then or late held by Thomas Davies, House then or late held by John Chernock, House or orchard then or late held by Thomas Gooding, House & close then or late held by William After alias Arthur, House & orchard then or late held 'of' (sic)
Jerimiah Bunn, House & orchard then or late held by Thomas King, House & close then or late held by Francis Hawkins, House then or late held by Agnes Crawley, House & close then or late held by Richard Little, House & close then or late held by Thomas Symmonds, House & close then or late held by Richard Clement, House & close then or late held by Edward Bourne, House & orchard then or late held by Thomas Harris, House then or late held by Thomas Cooper, House & close then or late held by Abraham Garner alias Gardner, House then or late held by Jonathan Parsons, House then or late held by William Parsons, 4 Tenements at Berry Hill, Close at Luton then or late held by Hugh Burt, Coach-house & stables at Luton Town ,toll of Luton then held by John Sanders, Cold Harbour Farm then or late in occupance of William Chapman, Messuage or Manor house called 'The Brach'
Luton etc. Messuage or farm house called 'Summeriss' in Stopsley, East Hyde (purchased of Francis Crawley Esq), Coppice or wood above Spring Close, 3 cottages called 'Why Ask You' & close of pasture belonging Cottage in Luton & close & ground
belonging called 'Tittle Tattle Hall', St John's Meadow, Messuage & Mill etc called Brach Mill, Capital Messuage or manor house
called Copthall & land etc adj [340A] in occupance of William Benham, Messuage or farm at New Mill End occupance William Walton, Messuage or tenement in New Mill End & land etc (150A) occupance of Elisha Hill,Messuage or tenement in East Hyde
& land etc (20A) occupance of John Sibley, & tenement adja occupance of Richard Bishop, & all that woodground & wood
growing in East Hyde Hamlet, occupance of John Weaver, part of estate of Sir John Napier deceasedto Sir John Napier in tail male, remainder to right heirs of Sir Theophilus Napier, i.e. all estates (except Manor of Shillington) but if debts of Sir John Napier deceased do not cover liable to cover all costs trustees are put to, 26 & 27 May 1731. p) Probate of Will of Sir John Napier
all estates to Aunt: Mrs Napier of Harrow, his Aunt.Made 4 Ap 1747, no date of probate given. q) Probate of will of Francis Napier
Manor of Luton in Luton & Harpenden, to Francis Herne Esq .To Thomas Norton Annuuity of £20 pa (revoked by codicil
of 1 Nov 1751) - Herne to support him £5 to Sarah Slaughter (also revoked as above) made 21 May 1748, no date of probate given
r) Quit Claim by Bargain & Sale, 1) Jane Napier spinster, Elizabeth Napier, 2) Francis Herne & his sisters Elizabeth & Mary Herne
recites will of Francis Herne (died 5 Dec 1751) recites 2 sisters of Francis Herne entered into Harrow on Hill messuage Francis Herne into Luton estate, recites 1) coheirs at law of Francis Napier as daughters of Alex Napier Esq deceased, only brother of Sir John Napier deceased (who was father of Francis Napier & grandfather of Sir John Napier deceased Francis Herne exhibits Bill in Chancery. 1) to perpetuate testimony of witnesses they exhibited their Bill v Francis Herne also decide not to prosecute the suit.
Messuage at Harrow on the Hill, Middlesex to Elizabeth & Mary Herne, residue of real estates to Francis Herne, consideration £500 paid by 2) to 1) 29 Nov 1753. s) Bargain & Sale, 1) Francis Herne (vendor), 2) Rt Hon John Earl of Bute K.G., 3) Rt Hon James Stuart Mackenzie P.C., (brother to 2) (purchaser - sic). Hundred of Flitt & manors etc above in Beds & Herts Consideratioon £94700
5 Ap 1764. (late addition to Bundle 5)