Scope and Content
Recites:
a) Will of John Race of Biggleswade, innholder, many years possessed of above property:
To John Samm of Shortmead Farm and John Carrington of Biggleswade, baker (trustees for sale) all his real estate in Biggleswade. Money so raised to sons John, Samuel, James and Joseph and daughter Elizabeth at age 21. Will made 19 Nov 1777. Proved in Peculiar Court of Biggleswade
b) Copy of court roll of Manor of Biggleswade. Surrender by John Samm and John Carrington; admission of John Carrington.
malting called the Upper Malting and the great barn, stable and hen house (some time ago part of messuage of William Beaumont of Biggleswade, draper. (Samm and Carrington admitted 5 7 6 May 1778) Surrender 27 & 28 oct 1778
c) Copy of court roll of Manor of Biggleswade. Admission of Charles Barnett of Stratton, Biggleswade Esq.; Rev George Gibson of Biggleswade, clerk, Edward Rudd of Biggleswade, gent, Dennis Herbert of Biggleswade, merchant, John Samm of Shortmead, Biggleswade, gent., Samuel Wells of Biggleswade, brewer, John Carrington, (as above), Edward Gregory of Biggleswade, surgeon, and Samuel Brunt of Holme, Biggleswade, farmer as trustees for the use of parish of Biggleswade (as churchwardens, overseers and inhabitants of the parish shall from time to time direct)
Recites surrender of John Carrington
Property: 10 several tofts or pieces of ground (37 poles), Back Street, Biggleswade
on which ground 10 cottages or tenements lately stood but were by the late fire at Biggleswade burnt down and were then or then late in the occupations of William Huckle, James Gray, John Miller, Pettit Breed, John Francis, Edmund Chamberlain, Thomas Pate, Dennis Beaumont, Mary Chapman, widow, James Beck and Thomas Goodman. AND old materials, yards, gardens, backsides, ways, water, watercourses, commons etc.
d) Case: part of purchase price found by voluntary subscription, rest found by trustees on bond (£200) in own names. Parish to pay £10 interest and £10 to reduce principal. Parish never paid anything. Trustees want to sell, have they power to convey?
Lists trustees who are dead.
Proceedings instituted against surviving trustees; how can conveyance by done, is it under 43 Elizabeth I (Poor Law)
e)Legal opinion of Richard Hughes of lincoln's Inn
Consider the premises are to be deemed placed under the order and contract of the churchwardens, overseers and principal inhabitants. Under an order in vestry, trustees may make disposition of property either by sale or mortage.
Ill advised to attempt to sell premises without it, negligent in allowing parish officers to receive the rents despite the trust. Suggest serve notice to tenants to only pay to the trustees then use money to pay interest and principal of bond as above.
If vestry order new trustees, old trustees should insist being held on trust to pay of interest and debt on bond.
Questionable trying to sell without authority, suggest abandon it and atart again; may even need Act of Parliament to sort it out. 31 Aug 1804
Abstract prepared by Chapman of Biggleswade.
Paper watermark 1804.