Bedfordshire Archives Service Catalogue
  • Reference
    SL1/169
  • Title
    Mortgage by way of Lease and Release:
  • Date free text
    9 & 10 Aug 1748
  • Production date
    From: 1748 To: 1748
  • Scope and Content
    i) James Brooke, late of Kingston Marlwood, Dorset, and now of Dorchester, Dorset, gentleman ii) Albion Throckmorton, Hemingford Abbots, Huntingdonshire, gentleman (only son and heir of Bromsall Throckmorton, late of the same place, esquire, deceased and a devisee named in the last will and testament) iii) Elizabeth Rice, Chelsea, Middlesex, widow Whereas: by fine between a)William Jeay, gentleman, complainant, and b) Philip Prince and wife Mary, deforciants, dated [illegible] 5 years of Queen Anne, and an indenture declaring the uses thereof dated [illegible] 1706 between 1) b) by the name and description of Philip Prince of Little Paxton, Huntingdonshire, esquire, and wife Mary, one of 2 daughters, and heirs of Sir Thomas Bromsall, late of Biggleswade, knight, and also one of daughters of Elizabeth, wife of said Sir Thomas, who was only daughter and heir of Mordaunt Chase then late of Milton Ernest, gentleman, then long since deceased. 2) William Jeay, Huntingdon, gentleman. 1) conveyed to 2) (inter alia) -One moiety of messuage ,cottages, closes, lands, woods etc. in Beeston, Sandy, Northill, Biggleswade and Potton, whereas Sir Thomas had in trust at the time of his death, to use of 1) for their lives and the life of the longer liver of them : By lease and release of 17 and 18 December 1727 between A) Mary Prince then Mary Jeay, widow, formerly the wife of Philip Prince B) Bromsall Throckmorton, Hemingford, esquire C) William Gibbons, St.Paul, Covent Garden, Doctor in Physick, after reciting indenture of 1 February 1714 by which Philip Prince and wife Mary borrowed of C) £1200 and for securing the repayment did (inter alia) mortgage said premises in Beeston, Sandy, Biggleswade and Potton with C). Also further reciting death of Philip and that C) agreed to advance £1400 to Mary as provision for younger children and £400 to B) eldest son of said Mary (which with £1200 made together £3000) and to secure repayment A) and B) released to C) - moiety of said premises subject to redemption thereof by repayment by B) of £300 and interest : By lease and release of 20 and 21 May 1726 between a) Bromsal Throckmorton b) Elizabeth Gibbons of St.Paul, Covent Garden, Middlesex, widow of William c) Abigail Edwyn, St.George the Martyr, Middlesex, widow. After reciting that a) had repaid £3000 and that there remained owing to b) £526 15s and that c) had agreed to lend to a) £1000 in order to enable him to pay off residue of said sum : Bromsal Throckmorton died in June 1743 and by will devised all his personal estate to ii) subject to payment of certain legacies : By lease and release of 8 and 9 October 1744 between ii) and John Church, Inner Temple, London, gentleman, in consideration of £210, ii) granted to said John - moiety and other part of him, said Albion in … Farmhouse late in occupation of William Beaumont and then of — Miles, in Biggleswade, and lands belonging … Other tenements in Biggleswade and lands belonging late in occupation of Thomas Marshall, butcher … Inn known as “The Sun” in Biggleswade in occupation of George Fletcher etc. … Cottages in occupation of – Lord, -Farr, widow, - Seagrove and –Foster in Biggleswade … All other property of Albion Throckmorton and held in trust for him in Beeston, Biggleswade, Potton and Sandy or elsewhere : Endorsement of 5 February 1744 ii) charged the premises with a further sum of £190 and interest : Further endorsement of 20 May 1745 premises charged with further sum of £100 and interest (total principal sum - £500) : ii) did surrender all his copyhold land at Biggleswade to said John Church conditionally for payment of £400 and interest – part of said £500 : By 2 other endorsements upon said last mentioned Release John Church declared that his name was made use of only for use of Elisha Briscoe, Inner Temple, London, gentleman, and the sums making up the £500 were the monies of Elisha : By non-payment of said principal and interest money the legal estate became vested in John Church who by order of Elisha foreclosed the equity of redemption etc. and did distress Albion Throckmorton and put him to great charge :By lease and release of 1 and 2 September 1746 between Albion Throckmorton and James Brooks, Albion Throckmorton borrowed £500 from James and devised to him - moieties beforementioned and also Berry Farm etc. in Goldington in occupation of Silvester Addington - Sluice Close (8 acres) - pasture in Windmill field (39 acres) - 4 pieces meadow (20 acres) - 3 pieces pasture (26 acres) - 2 pieces enclosed wood ground (9 acres) all late in occupation of Silvester Addington in Goldington - 1 other messuage and 1½ acres arable in occupation of Christopher Perry, undertenant of Silvester Addington - 3 pightles meadow in Goldington late in occupation of Robert Clayton, another undertenant of Silvester Addington (2 acres) - all properties etc. of Albion Throckmorton in Goldington and Biggleswade and nearby to hold to James Brooke, subject to redemption upon payment of £500 and interest : said £500 not paid off : ii) requested i) to pay sums owing to Abigail Edwyn and to John Church, in trust for Elisha Briscoe, and to advance and lend ii) other monies (total £2170) and did promise to charge his Bedfordshire Estates with this amount : lease and release of 5 and 6 February 1746 between I) John Church, II) Elisha Briscoe III) Albion Throckmorton IV) James Brooke reciting that said sums were not paid so estate became absolute in I) and III) had desired IV) to pay same to I), II) or one of them, so I) by direction of II) and III) did release to IV) - said moiety : Lease and release of 9 and 10 February 1746 between Albion Throckmorton, Abigail Edwyn, and James Brooke, in consideration of £1042 paid by James Brooke to Abigail Edwyn (by direction of Albion Throckmorton), Albion Throckmorton and Abigail Edwyn release to James Brooke - said moiety of all properties, being freehold, at Beeston, Sandy, Northill and Biggleswade : on adjustment of account, £2170 was owing from Albion Throckmorton to James Brooke : in consideration thereof, Albion Throckmorton by 2 indentures of 7 March 1746 did out of court surrender according to the custom of manors of Biggleswade forein and Biggleswade Burrow - all copy hold property of said manors : Bond of 11 July 1747, said Albion Throckmorton was bound to James Brook in £66 to secure repayment of £33 and interest : sums still owing :James Brooke has called in money due and Albion Throckmorton will borrow £2600 from iii) on security of said premises except Sun Inn, Biggleswade, occupied by George Fletcher, and except a cottage and blacksmith’s shop and hempland in occupation of Henry Seagrave and 3 small cottages adjoining now, for £2367 10s 9d paid by iii) to i) by direction of ii), and for £232 9s 3d paid by iii) to ii) (total £2600), i) by direction of ii) releases to iii) - said messuages etc. confirmed to i) by one of before recited indentures - all moieties, shares etc. in any messuage or lands released etc. to i) (in Goldington, Biggleswade, Beeston in Sandy and Potton) (except Sun Inn and cottages) i) releases to ii) - Sun Inn, cottage and blacksmith’s shop, in occupation of Henry Seagrave and 3 cottages With express conditions as to repayment Rate of interest not given ii) will cause said satisfaction to be entered in court rolls and books of Biggleswade manors and will surrender his copyholder property into hands of the Lord to use of iii) signatures i), ii) endorsed receipt witnesses Thomas Brooke Thomas Brooke, junior William E[illegible] Samuel Gould 9 and 10 Aug 1748 Marked “This deed was shown to Thomas Brooke, gentleman, at the time of his Examination taken in Chancery on the part and behalf of Elizabeth Rice one of the defendants at the suit of Henry Hawkinson/Hawkins Compt. John Spooner by J.T.”
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