Scope and Content
Draft Release
Parties:
(i) Jane Hart of Warfield [Berkshire], widow; Thomas Bowdler of Ashley [Wiltshire], esquire and Elizabeth Stuart, his wife; Frances Cotton of Harley Street, Cavendish Square [Middlesex], spinster; Basil [Feilding], Count Hapsburg, 6th Earl of Denbigh and 5th Earl of Desmond and Mary, his wife [Jane Hart, Elizabeth Stuart Bowdler, Frances Cotton and Mary Feilding were the daughters of Sir John Cotton of Conington [Huntingdonshire], baronet, deceased and co-devisees of his will;
(ii) John Hart Cotton of Saint James, Westminster [Middlesex], esquire, only son of Jane Hart;
(iii) Sir Robert Burdett of Foremark [Derbyshire], baronet; Charles Jennens of Copshall [Leicestershire], esquire as trustees for the Earl of Denbigh and Desmond and Mary his wife;
(iv) Dame Jane Cotton of Holles Street, Cavendish Square, widow of Sir John Cotton;
(v) Edward Noell, 9th Baron Wentworth of Kirkby Mallory [Leicestershire]; Arthur Annesley of Lincoln’s Inn [Middlesex], esquire;
(vi) Charles Barnett of west Wickham [Kent], esquire; Benjamin Barnett of London, esquire as trustee for Charles Barnett
Reciting:
(I) Lease and Release to bar entail of 11-12 May 1739 between (1) John Cotton of Conington [Huntingdonshire], esquire; John Cotton the younger, esquire, his son; (2) Charles Jennens the younger, esquire; (3) Robert Pulleyn of Saint Neots [Huntingdonshire], esquire in which the scheduled property was conveyed to (2) to make him tenant of the freehold against which a common recovery could be made in which (3) would be demandant and John Cotton the younger vouchee the recovery enuring to the use of John Cotton the elder for life, to the use of (2) and (3) for 1,000 years upon trust to the Sue of John Cotton the younger and his male heirs, in default to his heirs and the trust was to raise £3,000 each for the four daughters of Sir John Cotton the elder [i.e. the women comprising (i)]; the common recovery being made in Easter Term 1739
(II) John Cotton the younger died on 15th November 1739 without issue
(III) John Cotton the elder [i.e. Sir John Cotton] in his will of 18 April 1750 charged all his real and personal estate with giving £1,000 and an annuity of £400 to his widow and use of his dwelling house and gardens at Stratton, Biggleswade for life and reciting: that on the marriage of Elizabeth Stuart Bowdler he promised her a portion of £16,000; that Jane Hart should receive from his estate as much as necessary along with what he had already given in dowry as to make up £16,000; that Frances Cotton and Mary Countess of Denbigh and Desmond should also each receive £16,000 and devised all his real estate to his four daughters as tenants in common; by a codicil of 4 May 1751 regarding payment of the £16,000 legacies to his three daughters (i.e. not Elizabeth Stuart Bowdler) after which the residue of the estate was to be shared equally between the four of them
(IV) Sir John Cotton died on 27 March 1752
(V) indenture of 3 March 1755 (1) Thomas Hart and Jane, his wife; (2) Tomlinson Busby of Gray’s Inn [Middlesex], gentleman and fine sur conizance de droit come ceo etc. in which the estate of Jane Hart in a quarter of the scheduled property became vested in Thomas Hart and his heirs
(VI) marriage settlement by lease and release of 1 and 2 April 1757 between (1) Mary Cotton of Stratton, spinster; (2) Basil, Earl of Denbigh and Desmond; (3) Sir Cordel Firebrace of Long Melford, Suffolk, baronet; Sir Robert Burdett; Charles Jennens; (4) James Shuttleworth of Grosvenor Square [Middlesex], esquire; William Bromley of Baginton [Warwickshire], esquire in which (1) conveyed her estates including a quarter of Stratton Manor to (3) as trustees with power of sale
(VII) Sir Cordel Firebrace was dead devolving the trust on (iii)
(VIII) (i) had contracted with Charles Barnett to sell Stratton Manor for £22,000
(IX) Thomas and Elizabeth Stuart Bowdler had received their £16,000; Thomas and Jane Hart, Frances Cotton and the Earl and Countess of Denbigh and Desmond had severally received £11,000 each towards their £16,000 meaning they were still to receive £5,000 each plus an arrear of £350 for interest on each of these sums and so they would each receive £5,350 leaving a residue of £5,950 which would be paid to (v)
Operative Part:
- Charles Barnett paid £5,350 to Jane Hart by direction of Thomas and Elizabeth Stuart Bowdler, Frances Cotton and the Earl and Countess of Denbigh and Desmond;
- Charles Barnett paid £350 [sic £5,350] to Frances Cotton by direction of Thomas and Elizabeth Stuart Bowdler and the Earl and Countess of Denbigh and Desmond;
- Charles Barnett paid £5,000 to (iii) by direction of the Earl and Countess of Denbigh and Desmond and with consent of Thomas and Elizabeth Stuart Bowdler and Frances Cotton;
- Charles Barnett paid £350 to the Earl and Countess of Denbigh and Desmond with the consent of Jane Hart, Thomas and Elizabeth Stuart Bowdler and Frances Cotton;
- Charles Barnett paid £5,950 to (v) by direction of (i) and (iii)
- Charles Barnett paid 5/- to each of (i)-(v);
- Jane Hart, Thomas and Elizabeth Stuart Bowdler, Frances Cotton and the Earl and Countess of Denbigh and Desmond each, by direction of Charles Barnett released their quarters to (a) to (vi)
Property:
(a) the Manor of Stratton with lands described in the schedule
Acknowledgement
- by Benjamin Barnett that he was acting as trustee for Charles Barnett
Covenants
- by (i) to levy a fine sur conizance de droit come ceo etc.;
- by Jane Hart to produce the indenture of 3 March 1755 to Charles Barnett on reasonable demand
- by the Earl and Countess of Denbigh and Desmond to produce the indenture of 1-2 April 1757 to Charles Barnett on reasonable demand
Witnesses approving the draft
- Thomas Barsham;
- Mathew Duane of Lincoln’s Inn
Schedule
- Manor of Stratton;
- mansion, gardens, orchards, yards, barns, stables, dovehouses, buildings and appurtenances containing 12 acres;
- two woods containing 15 acres untenanted;
- Cherry Orchard Close of 6 acres in occupation of Widow Broughton at £6 per annum;
- land called The Park and Dial Close containing 30 acres in occupation of Edward Edgeley for £36 per annum;
- Watergate Close and Crabtree Close containing 24 acres in occupation of John Griggs at £28/16/- per annum;
- messuage, garden, orchard and homestead and lands called Home Field, New Ground, Home Close, Rushy Close, Spring Field Close, Great Field Close, Sheep Walk, Lower Field, Brick Lamp Field, Browns Field, Eighteen Acre Close, Sheep Walks, Smooth Close and The Park in occupation of Edward Edgeley at £160 per annum;
- messuage, garden, orchard and homestead and lands called Dovehouse Close, Gravel Close, Home Close, Eighteen Acre Field, two Spring Closes. Mitchell’s Close, Orell Field in possession of Samuel Chamberlain containing 32 acres, Swade Close Barkers Close, Swade Close Cox’s Close, Forty Three Acre Field and Long Leys in occupation of William Croot for £180 per annum;
- messuage, garden, orchard and homestead with lands called Sankfield, Thoroughfare Field, Holme Close and Sheep Walks in occupation of John Race at £100 per annum;
- messuage, garden, orchard and homestead with fields called Spring Closes, Home Close, Clipp Close, Twenty Five Acre Field, Swade Field, High Field and Meadow, Ten Acre Field, Nine Acre Field, Five Acre Field, Seven Acre Field, Sheep Walks, Croft Field, Long Field and Twenty Four Acre Field in occupation of John Brawn for £100 per annum;
- messuage called Spread Eagle with homestead and lands called Home Closes and Stratton Bottoms in occupation of John Grigg for £63 per annum;
- land intermixed with lands of Viscount Spencer [John, 1st Earl Spencer] containing 3 acres in occupation of John Brawn at £1/6/8 per annum;
- close of 4 acres belonging to The Park in occupation of Widow Broughton for £4 per annum;
- pasture called The Fourteen Acres containing 12 acres and a piece of Rough Swade called Clover Leys of 8 acres formerly in occupation of Thomas Marshall now Hyde at £8 per annum;
- cottage in occupation of John Dilly at £1/10/- per annum;
- cottage in occupation of John Law for £1/10/- per annum;
- cottage in occupation of Widow Miller for 19/6 per annum.