• Reference
    H/DE9-10
  • Title
    (Attested copy) Settlement of estate (Lease & Release) [for another copy see RO1/27]
  • Date free text
    22, 23 Nov 1723; copy 3 Feb 1727/8
  • Production date
    From: 1705 To: 1728
  • Scope and Content
    (i) John Lord Ashburnham (ii) Honorable Bertram Ashburnham, Esquire, brother of (i) (iii) Bryan Fairfax, St James, Westminster, Esquire John Middleton, Muntham, Sussex, Esquire (iv) Right Honorable Edward Southwell, Esquire, Secretary of State in Ireland Richard Waring, St. James, Westminster, esquire [reciting: Articles of Agreement, 15 Oct 1705 see S/AM76 "Will of John late Lord Ashburnham, 11 Nov 1709 devising to trustees: Edward Southwell, Sir John Osborne, Chicksands, Baronet, Sir Richard Hoare, Knight, Alderman of the City of London, & Richard Webb, Inner Temple, Esquire (all since deceased) -- all property to settle on son William, deceased, in tail male, remainder to (i) in tail male, (ii) in tail male, remainder to heirs of the body of John, late Lord Ashburnham. -- legacies included £10,000 to (i), £8,000 to (ii) -- residue of personal estate to trustees to buy lands to settle on son William, late Lord Ashburnham, with remainders as above. William, John, and Bertram being the only male heirs of John, late Lord Ashburnham; William died 1710. Reciting: Will of William, Late Lord Ashburnham, 11 Jun 1710. -- devising residue of estate to (i) Reciting: Bill in Chancery, (ii) v. (i) for account of the real and personal estate of John, Late Lord Ashburnham and personal esate of John, deceased, which came to William, deceased, and then to (i). Answer of (i) insisting that he be allowed £6,000 chargeable on the premises by will of John, £5,000 paid by (i) for the purchase of Friar's Farm, Bedford (see S/AM132-137), and £334 paid to the Earl of Westmorland for purchase of fee farm rents issuing from lands in Carmarthen, and £999 for purchase of lands near Ashburnham Park, made by (i) out of the personal estate of John, late Lord Asburnham under the terms of the will. "Bill exhibited by (i) v. (ii) for performance of articles in the Marriage Settlement of the late William, Lord Ashburnham. Case heard 8 May 1716. Order in Chancery June 1722 for performance of the Marriage Settlement which involved the settling of estates in Bedfordshire, Sussex and Carmarthen to the value of £5,000 reciting: Lease & Release, 18/19 Nov 1723 (i) Edward Southwell, surviving trustee of will of John, late Lord Ashburnham. (ii) John, Lord Ashburnham. -- all manors in Bedfordshire and Sussex, devised by John, deceased, to trustees as above. reciting: Articles of Agreement. 29 Jun 1722 (for ending all differences) (i) John, Lord Ashburnham, as son & heir of John, Late Lord Ashburnham, deceased and brother and executor of William, Late Lord Ashburnham, deceased, the executor of John, late Lord Ashburnham, deceased. (ii) Bertram Ashburnham. [subject to provision for the Honorable Henrietta Bridget Ashburnham, under the Marriage Settlement of (i) 23 Jul 1714] ] ******** For settling the estates, and in discharge of such parts of the personal estate of John, late Lord Ashburnham as came to William, late Lord Ashburnham, or (i), and to make provision for heirs male etc. (i) and (ii) to (iv) in trust to uses:- -- Manor of Ashburnham, Sussex -- mansion house or capital messuage of (i), Ashburnham -- the Old House Lands, Ashburnham, and messuage, purchased of Ashburnham of Biddenden & wife -- farms in Penhurst, Sussex, purchased of Alexander Weldish (Styles Farm, Picknolls Petters farm, the Upper Hamer Wood, Penhurst Brook, Perry Brook late Penhurst Brook, Hevernaryes, Landalls, Heversknoll, Ramslade, Morgine alias Morgines, and Hedesfield alias Hodesfield) -- marsh lands - Deverinsh-Wish, Beddinghams, Wet Marsh, Northles, Kilthornes and Pickfield, and lands in Herstmonceux, Pevensey and the Levels of Sackville, Horsey and Bewley, purchased by the Lady Elizabeth Cramond of Sir George Stroud. -- farm lands purchased of Henry Critteden (Knell, Mapsteads, Scottesfield, Westonewish, Cookewishe) -- Stackden farm purchased of John Brookes, late in the occupation of John Selden, John Bray, John Stace; Ashburnham, Catsfield & Penhurst -- farm lands in Ashburnham and Cattesfield (Wolseys, Cowlands, Netherbins, Munckstumb Letts, Pittance Wood, Little Perryfield, Pittance Field, Perry Field next the river) -- messuage & 6 acres meadow & pasture, Ashburnham, purchased of Thomas Ladd, gentleman, late occupied by Peter Gower -- marsh lands (The Dowles als Doles, Pevensey, 43 acres) -- Manor of Penhurst, Sussex. -- all lands and tenements of (i) formerly conveyed to John, late Lord Ashburnham, by William Ashburnham, Esquire, late Cofferer to H.M. Charles II, purchased of Sir Thomas Dyke, Baronet, Kath[erine] or Sarah Dyke, William & John Buck, James Mauser, James Easton alias Anneston, William Gyer & wife Susan, & Arthur Amhurst, Doctor in Physic, in Ashburnham, Penhurst, Dallington, Pevensey, Catsfield -- Brogborough and Beckerings Parks, with messuage & lodges -- Manors of Cattesfield, Broomham, Ittingdon, Woodsdale alias Hoodsdale, Pemborne, Hastings, Dowles, Hasledon, Creep & Jennings, Sussex. -- Egmondhurst Farm, Ashburnham, late occupied by Thomas Fairhall. -- The Lodge Farm, Ashburnham, late occupied by Edward Avery. -- Mamer's Lands, " " Richard Noakes -- Brockenhill Farm " " John Forster -- the Hoades " " Joseph Blewit -- the Furnace Lands " " Joseph Greengoe -- Iron Mill or furnace, Ashburnham & Dallington, late occupied by John, late Lord Ashburnham -- Pottman's farm, Cattsfield, late occupied by William Sharpe -- Tilton farm " " Thomas Hicks -- Water Mill, " " Richard Keys -- Combe Farm, Nenfield, " John Easton -- lands covered with water in Battle and Mundfield, late occupied by John Hayes, esquire -- Woodsale farm, Battle & Mundfield, late occupied by John Duke -- Idens farm " " late occupied by John Duke -- Hucksteeps farm " " " John Farnoll -- Darvold Gate Farm " " " Richard Weston -- Hasleden Farm, Dallington " John Squier -- Griggs Farm " & Brightling " Thomas Venice -- Maynards Farm, Hoo, late occupied by John Tysehurst -- Smiths Farm " " Mr Elvered -- Marsh lands, " " John Noakes -- " Pevensey, late occupied by Jer[emy] Ford & John & Richard Noaks, William Goodwin -- " Willingdon, " Sir Edward Selwyn, knight, John Sheppard, William Smith, Peter Collier -- Ampthill Great Park, Ampthill, Millbrook & Houghton, late parcel of the Honour of Ampthill, (650 acres 1 rood), the Great Lodge, the Stand, and the lodge called the Dog Kennel. -- Manors of Fitz-Geoffreys, Vauxes and Clapham (see S/AM19-23, 79), rectories impropriate and tithes, Clapham, Oakley, Bolnhurst, Thurleigh, Keysoe & Bedford. -- Capital messuage the Fryars, Bedford (see S/AM81-137), closes, dovehouses, Creamer's Garden, Bishop's Close, Hanchetts, Terrills, Coneygray, Haycroft, in Conduit field, and 346 acres arable and sward, St. Peter's, St. Paul's & St. Cuthberts's -- Press Mead (2 pieces), Goldington. -- tithes. late in the occupation of Thomas Gurney, then Richard Willis, gentleman. -- Manor of Penbre, Carmarthen, & capital messuage called the Court. -- closes (Parke Morris, Parke a Courte, Park Y Bygon, Ragghe, Dounsey, Masy Grag & Close Edwyn) -- Knight's Wood -- 4 mansion houses or farm houses & 6 cottages. -- 5 closes (Gwayn y Gos, Gwayn y Gundry, Gwayn William, Jenkin, Kilb Dee, Knight's Mead), & 3 meadows (Wayne Killnaddon,) 4 acres meadow at foot of Winfield, parcel of meadow (Wayne Reddimays), 3 parcels of arable (Peelands), 2 closes (Pen y Lan, Parke Neweth), Longlands, 2 closes (Parke ap William, Parke ap Ittill) [696 acres, and 80 acres covered with water and used as fish ponds] -- 62 acres Penbre Lower Field, 45 acres Upper Field. -- cottages and farm (107 acres) late occupied by Walter Balon -- meadow & rush ground (Kingswork, Kingsmarsh, within the Bulwark (120ac)) -- Crossock Marsh -- 19 acres meadow & common late occupied by Walter Dalton -- cottage shop and 3 parcels of common late occupied by Davie Reece & Davie Blacksipyor -- the Lodge & close of sandy ground, belonging with the Burroughs to Penbre Farm (838 acres) -- the Burrowes adjoining fee farm of Caldicott (846 acres) -- Pen a Byth farm -- meadow on South side of the Whittchet, meadow called Gwayn a Kirney, meadow under the Garrowe, Gwayn Reddymaine, close between the messuage & King's Marsh, close below the messuage, parcels of meadow - the Whichett lands, the Hassocks, Cowland -- Cay Maur, Cay Garrowe, meadow between the lands and the Fish Pools, 29 acres rough ground, marsh & furze, 1 acre meadow, adjoining Cay Mawr, 4 acres of Whitfield. all late in the occupation of Anthony Chandler. -- 2 closes under Knight's Wood, 4 parcels of arable in Whitfield close, parcel of rough ground in Cay Grigg, 1 parcel opposite meadow opposite Whitfield late in the occupation of Walter Dalton -- cottage, garden & 9 acres mountain ground late occupied by same. -- messuage, garden, 5 parcels of hill ground late occupied by William Jenkins -- messuage with barn, yard, garden & close, & closes (Parke-Cay, Tee Parke, Monor Rie Parke, Kay ap William, Craggroyd-Read, Parke Tyer Neweth), 23 acres arable. late in the occupation of William John Morrice -- Gustome farm house & parcels of meadow (Gwayn Vour, Gwayn Slour Skibber; closes - Parke Knoll, Parke Issa, Parke Walls, Leather-Horne, hill ground opposite Brockhill, hill ground on Brockhill, part arable) all late in the occupation of John Jenkin. -- Park y Bah, Parke John Jenkin, messuage, 2 closes (Talla Wiggon, Gray-Vah, parcel of common meadow Wayn Vour) -- messuage & closes called Gwayn Vah, the Croft & Kiliven late in the occupation of Thomas Arnold -- 3 messuages, 182 acres arable & pasture, 22 acres meadow, Caldecott Marsh and the outgrounds with the burrows, called Caldecott fee farm, messuage with yard, garden, & meadows in Kilwaddon & closes (Lower New Mead, the Nester Close, Three Little closes by Froode Parke, Clengwyn, Pen hendre, Palldwilly & Herogan) all called the Pyne Yard common land Pyne Yard field, closes in Pen y Lan John Thomas, late in the occupation of Margaret Vaughan. -- messuage barn, yard, garden, closes & parcels in Pyne Yard Field late in the occupation of John Thomas. -- messuage etc., 8 closes and common meadow called Gwayn Cay Philip, late in the occupation of John Jenkin Bonwell. -- messuage & garden in Pyne Yard, late in the occupation of Philip Motheridge. -- sheepcroft belonging to the marsh, late in the occupation of Daniel Thomas. -- 2 messuages, parcels of meadow & rough ground, late in the occupation of John Griffith: close above the Houseway from Chapell Landerry to Pont a Spaddue -- 2 parcels of mountain land abutting, Tyer Rice Vellimhill, 2 o[l]d messuages with yard to one and close, close of arable East side of Fob Vah, moiety of meadow called Gwayn Newethm, 2 parcels of pasture called Whitechetts, moiety of the meadow adjoining, parcel of pasture shooting from the house late John Griffith, 5 acres common land in Altidde, late in the occupation of Davis Reece. -- messuage & 7 acres, Altidde, 8 acres common, late in the occupation of Roger Davie Williams -- Messuage called Trevenney, 19 acres, late occupied by same. -- Messuage & 2 gardens, 1/2 acre Altidde, late in the occupation of William Evan alias Nash. all premises being in the parishes of Penbre, Pen y Byth, Caldicott, Guscome, the Pyntyard, Altidd & Llanthsant. -- water corn mill, Llanthsant, called Cardingans Mill, late in the occupation of Walter Awberry, & woods near dwelling house (16 acres) -- 2 messuages, 1 barn, & sheepcott, parcels of arable and mountain land, 6 acres wood. (82 acres) -- 3 acres meadow, 5 acres mountain ground, moiety of 20 covers of mountain land late in the occupation of Davis Watkin Awberry -- messuage, parcels of arable, meadow & pasture. Brook, West; late in the occupation of Thomas Richards & Thomas Gitto -- messuage and lands called Tyr-yny-wernos, 13 acres. -- 2 messuages and parcels of arable, meadow, & pasture, river, South, mountain Myned Uske, East, late in the occupation of Griffith David. (42 acres) -- messuage, barn & several parcels arable, meadow, & pasture, mountain Minned Llan, North; & 2 parcels of land late in the occupation of Thomas Lloyd, late in the occupation of John Davie ap Evan. -- cottage & parcel of wet & rough meadow, brook Nant Lleecharch, West, late in the occupation of David Walter ap Evan. (17 acres) -- messuage, barn, parcels arable, meadow, & pasture, brook, North East, late in the occupation of Walter Lewis Walter (25 acres) -- parcels arable, meadow, & rough ground called coed Ney, & 1 parcel rough ground (27 acres) -- Messuage called Caen D'Dy, river Leechach, South, late in the occupation of Morgan Lewis (39 acres) -- messuage & parcels arable & meadow, mountain Menith Llanthysant, South, brook Lachach, North, late in the occupation of Walter John Walter (78 acres) -- messuage & parcels arable & pasture, said farm, North, brook, North, late in the occupation of Lica Walter, widow (57 acres) -- messuage & parcels arable, meadow, & pasture, mountain Vedde Vaur, South, river Uske, East, late in the occupation of Philip John & Griffith Davie (72 acres) -- messuage & parcels arable, meadow, & rough ground, brook Nant Lydda, North & East, late in the occupation of Howell Davie (50 acres) -- messuage & parcels of rough & hill ground, brooks Nant Lydda & Nant Cassoga, East, late in the occupation of Walter Davie (12 acres) -- barn, parcels of rough, arable & hill ground, parcel of meadow on South side of road from Talizarne to Langahock late in the occupation of Griffith Walter (82 acres) -- messuage, parcels of arable, meadow, & pasture, & wood ground called Tyer Blayn Gwydrie, brook Nant Lyda, North, & parcel of arable within the lands late John Morgan, late in the occupation of William John Morgan (79 acres) -- messuage, parcels of arable, meadow, & pasture, brook Nant Lyda, North, & 2 parcels of arable & meadow late Griffith John Griffith late in the occupation of John Morgan (48 acres) -- messuage, barn, parcels of meadow, & arable & pasture, brook Nant Lyda alias Cledack, North, brook nant Crossoge, West, with parcel of meadow by the road above, and another parcel divided by meer stones from the meadow late in the occupation of Davie John, late in the occupation of Griffith John Griffith (56 acres) -- messuage, parcels arable, meadow, & pasture, called Tyr y Gelly Gron, brooks Nant y Oddyn & Nant Crossogge, West, late in the occupation of Rice Dave Morgan (40 acres) -- messuage & parcels of arable, meadow, & pasture, late in the occupation of Owen Owens, gentleman (58 acres) -- parcels arable & mountain ground, brook Nant Cledach, North, late in the occupation of Reece Lewis Reece (61 acres) -- messuage, barn & parcels of arable & meadow late in the occupation of Davie John Thomas (29 acres) -- messuage, barn, parcels of arable & meadow, brook Nant Evan, North, late in the occupation of Davie Reece (16 acres) -- messuage, rough & arable ground, Nant yr Hillan, West, late in the occupation of Walter John Griffith (31 acres) -- 28 acres, river Towey Vha, North; Erro Vour late in the occupation of David Henry Awbenny (4 acres) -- messuage, & barn, Erro Vour, East, river Toway Vha, South, & parcel of meadow at head of Erro Vour, late in the occupation of Helen John, widow (55 acres) -- messuage & 28 acres, river Towey, West, late in the occupation of Reece David -- messuage & parcels of meadow & rough ground, river Nant Sothey, South, and lands opposite the river extending to the meeting of the last two rivers, and close, late in the occupation of William Davie William (24 1/2 acres) -- messuage & arable & mountain ground, late in the occupation of Davis Philip (3 acres) -- mountain land distinguished by meer stones, late in the occupation of Owen Owens (83 acres), 31 acres abutting well Funnon Pant yr Herwith & 7 acres, occupied by same. -- messuage & 42 acres, road from Talizarne to Langattock, North East, late in the occupation of Reece Morgan -- messuage & 62 acres late in the occupation of Jane William, widow. -- messuage & 111 acres late in the occupation of Elinor William, widow. (sic.) Cadwoggans mill and all the other premises in Llanthysant being formerly part of the inheritance of Frederick Vaughan, esquire. -- fee farm rents late purchased by (i) of the Earl of Westmorland, issuing out of lands in Mardriff & Caldicott. -- Manor of Langeneth, Glamorgan. -- messuage, 41 acres and fourth part of the Burrows, late in the occupation of John Hopkins -- several closes (11 acres), Langeneth -- messuage, garden, closes (18 acres) late in the occupation of Robert White -- messuage, garden, closes (13 acres) late in the occupation of Philip Bynon -- messuage, & closes (18 acres) late in the occupation of John Battock -- messuage, closes & parcels of arable & pasture (13 acres) late in the occupation of Henry Donne -- messuage & closes (16 acres) late in the occupation of William Kiffe -- " " " (18 acres) " " " John Sussex -- " " " (18 acres), barn & coachhouse late in the occupation of George Batcock -- messuage & 21 acres late in the occupation of Anne Gammon, widow. -- [1]2 acres late in the occupation of Lewis Bynon -- moiety of a mill late in the occupation of Thomas Philips -- cottage & yard late in the occupation of Jeffrey Elts all part of the inheritance of Lady Bridget, wife of John, late Lord Ashburnham, in Langeneth, Glamorgan. -- manor of Tallgarth & Cantercelleise, Brecknock -- capital messuage called Porth Mellica, & meadow grounds in Talgarth, and park adjoining the messuage. Several closes of meadow & wood & arable (detailed), and all lands late part of the inheritance of the Lady Bridget in the Demesne field, and closes late in the occupation of Hugh Williams. -- messuage & lands late in the occupation of [ ] Meller -- garden plot opposite the smith's forge late in the occupation of Howell Thomas -- corn mill in the borough of Talgarth, late in the occupation of [ ] Meller -- farm of Fostitth & Veddow late occupied by same, Llanellin. (186 acres) -- messuage, cottages, closes and parcels of land late in the occupation of William Prosser, Evan Prosser, William William, William Lewes, William Thomas Pritchard, [ ] Christian, widow, Lewis John Philips, Thomas Jones, Herbert Anthony, Thomas ap Thomas Pritchard, Richard ap Richard, Thomas Pritchard, Abel John, John Havard, Thomas Rethin, William Prosser Vaughan, Evan Davie James, William Roger Meredith, widow Thomas, Henry Williams, Thomas William, Rice Thomas, Whatkin Thomas Probert, John Meller, gentleman, William Charles, Thomas John William, Thomas Sollers, Margaret Cooke, Maud Howell, Henry Peirey, Thomas Davie, Jenkin Thomas Morgan, Thomas Powell, Thomas Lewis, Thomas Preece, Widow Whatkin, Thomas Prosser Thomas, Meredith William Meredith, Henry William, William Phe, William Whatkin John, Evan Rosser Thomas, Margaret Thomas, William John Powell, Roger Thomas Phillip, Thomas Hughes, Philip Thomas, William Lewis, Whatkin Thomas, John Phe, Thomas Phillip Thomas, John Phillips, John William, Lewis Thomas Jenkins, John Whatkin John, Elizabeth Whatkin, Parry Davis, Parry Clerke, Lewis Whatkin Jenkin, Jenkin Whatkin John, John Whatkin John, William Vaughan, gentleman, John Williams, esquire, Lewis Williams, Robert Thomas Nicholas, Hugh Hughes, Thomas William Phe, Roger William Byvan, Philip Thomas, William Phe, Thomas Prosser Thomas, Margaret Whatkins, Lewis Pritchard. all part of the freehold and inheritance of Lady Bridget in the towns & parishes of Talgarth, Cantriff, Porthannell, Trefecca, Llanelline, Wer... Vour, Forth Glace, Bronells alias Brunnells alias Bronulle, Glassberry, Landevalthe, Langors, Llanyhangell, Codnie Due, Penhenlinon and Altmarthan, Brecknockshire. --- Manor of Gussage, Dorset. and all other estates of John, late Lord Ashburnham or William, late Lord Ashburnham, deceased. To uses: All estates in Sussex & Bedfordshire to (iv) to make them tenants to several recoveries to the following uses:- --- Ampthill Great Park & Mansion house occupied by (i) of yearly value of £650 --- farm near the park in the occupation of Lawrence Cripps @ £203 per annum --- " " " Richard Impey @ £53 per annum --- " " " John Cirquit @ £39 per annum --- close " " William Peel @ £20 per annum --- " " " William White @ £20 per annum --- " " " (i), late Captain Roberts @ £10 per annum all part of the premises in Ampthill, Millbrook & Houghton [Conquest]. --- Brogborough Park in the occupation of John Knight & Robert Dell @ £450 per annum --- Beckerings Park, in the occupation of John Denbigh & Adam Bevon @ £320 per annum, in parishes of Lidlington & Ridgmont. to use of (iv) in trust to sell and use proceeds to pay debt of £16,000 due from (i) to William Sloper, esquire, secured by a mortgage on land in Wales, to William Glanville, Esquire, £2,500 due on a bond from (i), to Right Honorable Charles, Earl of Carlisle, £2,200 due from (i) on a bond, to Multon Lambert, Esquire, £500 due on a bond from (i), £2000 to (ii), £500 to Mr. Dennis Brien. Also to raise a portion of £3,500 for Elizabeth Hays, one of the daughters of John, Late Lord Ashburnham, in trust for her own separate use, £3,500 to the children of William Barnwell, clerk, legatees under the will of John, Late Lord Ashburnham, £3,500 to defray the expenses of the various suits between (i) and (ii) and for executing the present trusts, then to raise £20,000 charged by the marriage settlement of (i), and until the portion becomes payable the surplus to be used to purchase government or other securities, interest to (i) for life, and after the discharge of the portion, any surplus money to be used for the purchase of lands to be settled as the remaining manors and lands. all other manors, lands & tenements, subject to the portion for Henrietta Bridget Ashburnham, daughter of (i), by marriage settlement of (i), to use of (i) for life, remainders to eldest son in tail male and successive sons in tail male, remainder to (ii) for life, with remainders in tail male, remainder to heirs of the body of John, late Lord Ashburnham, remainder to rightful heirs of John, late Lord Ashburnham, in fee. Life estate of (i) may be charged with jointure up to yearly value of £2,000 for any woman he may marry, and also to charge it with the portion and maintenance of Henrietta Bridget Ashburnham, the whole (including the money from the sale of the above estates) not to exceed £20,000. The manors and lands in Wales to stand charged with annuity of £700 to (ii); other lands to be discharged of rent charge to use of (ii). If (i) survives (ii) and heirs male he may revoke the uses in favour of (ii) on lands and tenements in Wales, or if (i) dies without male issue, (ii) surviving him, (ii) may revoke uses on lands and tenements in Wales. receipt: for £16,000 paid to William Sloper and ment. assignment of mortgage of 19 March, 1724/5 (copy made 3 Feb 1727/8) witnesses. Dennis Brien, Francis Welles, Hugh Watson. 22/23 Nov, 1723
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