Friend Thomas Carter whose family appears later in this section and in the next section. William appointed Executors, who were under age and as a result the will was not cleared for nearly 50 years.

From the Abstract of Title for the Crown Inn in Highworth which is in the next section it is shown that William was an Innholder at Cricklade before he moved back to Highworth.

It has not been possible to find out the name of the Inn in Cricklade. The Crown Inn was held on a 500 year lease and it was burned down after the lease was sold in the 1800s.

An idea of life during William's time can be gained by reading "A tour through the whole island of Great Britain" or Vol I of "A tour through England and Wales" both by Daniel Defoe, they were published in 1724-26. During the same period the first three Acts for Turnpikes (toll roads) in Wiltshire were passed in 1706-7, they were all on the route to Bath and Bristol.

After William's death Mary Brind (nee Coleman) married John Franklin Gent of Uffington, Berks at Stanton Fitzwarren in 1734.

According to the Goldsmiths Company records William's three eldest sons were sent to London and apprenticed to Goldsmiths:

Henry to Richard Bailey in 1734 at the age of 15/16 for £31 10s. He became a Freeman and entered his mark (HB) as a large worker in 1742. Livery in 1746. He is known to have made a pear shaped teapot with ebony handle in 1742 and a milk jug. He leased accommodation from the Goldsmiths Company.

In 1747 he married Margaret Carter of Cricklade by licence in London, either she or their daughter died in London in 1748, both died before Henry in 1757. He returned to Highworth about 1750 and left a will which was declared invalid - it is included in this section.

Walter see next section

Thomas to John Ruffin in 1739 at the age of 15/16 as a silver turner. He became a Freeman in 1746 and had apprentices from 1752-83. In 1746 he married Abigail Ruffin both were of St John Zachary, London. His son, Thomas, (who was mentioned in Walter's will which is in the next section) was born c 1764 so it is likely that Thomas remarried, but no trace to date has been found of Abigail's death or their having any family. This second Thomas according to the Goldsmiths' Company records was apprenticed to his father in 1779 as a silver turner along with a brother William in 1783, the latter was turned over to R Saunders a silk dyer and cloth worker perhaps on his father's death, they got their Freedom in 1787 and 1790. The second Thomas in due course had a son named Thomas and he was apprenticed to W.T. Shaw in 1809 as a silver turner. (A.G. Grimwade's book "London Goldsmiths 1697-1837 - Their Marks and Lives" page 738 states that the second Thomas gained his Livery in 1791 and became Prime Warden in 1813. The Goldsmiths' Company have confirmed in their letter G/DB/RZ/MTI/F3/008 of 9 May 1997 that this is incorrect and that the Prime Warden in 1813 was Thomas the son of Walter I- this is shown in the next section.

William. Little is known of the youngest son except that he became a Scalemaker in London - see Abstract of Title of the Crown Inn in Highworth in the next section. He leased accommodation from the Goldsmiths' Company and he died in 1774 -- the lease was passed onto his widow Francis in 1775 (Committee Book No 12 1771-79), her will is in PROB 6/150. No children can be traced and none were mentioned in Walter's will.

Ann(e). Married to Henry Kinneir of Highworth and died before 1764 (see Abstract of Title of Crown Inn in Section 7.

From the above, other church registers in London (eg. St John Zachary and St Anne & St Agnes) and the Goldsmiths' Company records a family tree has been compiled for William which is at the Annex at the end of this section, but more research is required to firm up the family of his son Thomas (1723-c84).

(26) William Brind's will, written 1732, he died 1732, but it was administered on August 15, 1781.

In the name of God Amen. This one and thirtieth day of March in the year of our Lord one thousand seven hundred and thirty two, I William Brind of Highworth in the County of Wilts Innholder being indisposed of Body but of sound mind and memory thanks be to God and calling to mind the uncertainty of Human Life and willing to settle my temporal affairs to my own satisfaction do make and ordain this my last will and testament as followeth the Imprimis I commend my soul to God that gave it to me and my body to the Earth to be devoutly interred at the discretion of my wife Mary Brind {{crossed out, 'Executors and Executrix herein after named}} and as for my worldly estate wherewith it hath pleased God to bless me in this life I dispose of the same in manner following. I give and bequeath unto my son Henry Brind the sum of ten pounds of lawful money of Great Britain when he shall attain his age of one and twenty years.

Item I give and bequeath unto my son Walter Brind the sum of ten pounds of like lawful money to be paid to him when he shall attain his age of one and twenty years.

Item I give and bequeath unto my said wife Mary Brind my inn in Highworth aforesaid called and known by the name of the Crown with all and every the appurtenances there unto belonging to hold to her the said Mary for and during the term of her natural life (or day of marriage which shall first happen) and after her decease (or day of marriage) then the said inn to be disposed of and the purchase money to be equally divided between my five children, viz Henry, Walter Thomas, William and Ann Brind or between so many of them as are then living and likewise my wife Mary shall have the use of all my household goods until my said executors and executrix shall be of the age of one and twenty years (provided that she do not marry again). And lastly I do nominate constitute and appoint, make and ordain my sons Thomas Brind, William Brind and my daughter Ann Brind joint executors and executrix of this my last will and testament revoking and disannulling and making void all former wills and testaments by me made and done ratifying and confirming this and no other to be my last will and testament and all my goods and chattels and effects in possession and reversion (except what is before bequeathed) shall be to the use and behoof of my said executors and executrix share and share alike and I do devise request and appoint and nominate my brother in law Henry Coleman of Highworth and Thomas Carter of Cricklade St Sampson to be overseers of this my last will and testament and to see the same performed according to the intent hereof and my desire in willing whereof I have here unto set my hand and seal the day and year first above written, William Brind. Signed sealed published pronounced and declared by the above named William Brind to be his last will and testament in the presence of us who subscribed our names in the presence of the testator. D Marsh, John Probetts, James Potts.

On the Wiltshire version it says:--

At Highworth 6th May 1732, Maria Brind, sworn before Ja:Ayscough surr.

On the version in the PRO, which is the real will, there is the note on the right at the bottom:--

Thomas Brind the son of the deceased and the surviving executor within named was duly sworn as usual (and that the effects do not amount of £300) before me. (signature) F Simpson, surrogate.

And this note on the left:--

Proved at London the 24th of September, 1781, before the worshipful Francis Simpson, Doctor of Laws, and surrogate, by the oath of Thomas Brind the son and the surviving executor to whom Admon (administration) was granted, he having been first sworn duly to administer.

On the bottom it says: "Testator was late of Highworth in the county of Wilts and died in 1732."

On the back of the will it says: '1732 Highworth (39) The will of William Brind'

Also at the Public Record Office is a copy of this will with the addendum: "This will was proved at London the twenty fourth day of September in the year of our Lord one thousand seven hundred and eighty one before the (gap) worshipful Francis Simpson Doctor of Laws Surrogate of the Right Worshipful Peter Calvert Doctor of Laws, Master Keeper or commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Thomas Brind the son of the deceased and surviving executor named in the said will to whom administration was granted of all and singular the goods chattels and credits of the said deceased having been first sworn duly to administer."

This is Prob 11/1081 423 (ff312)

NOVERINT Universi per Praesentes Nos Mariam Brind de Highworth in Coun Wilts vie Henricum Coleman de ead tuerer & Xtophorium Lewis de ead Blacksmith

teneri & firmiter obligari Reverendo Georgio Stexhous ..... prebend ario Prebend de Highworth .... Sarum ab autique ...Libris bon & legal. Moentae Magn. Britain. solvend. edidem duo ...aut suo cert. At. quam quidem solutionem bene & fideliter faciend obligamus NOS et quenlibot nostrum per se pro toto & solid. Haeredes Executores & Administratores sigiltat. D.A.T. Septe die Mensis May Anno Dom. 1732.

The condition of this obligation is such that if the above bounden Mary Brind widow Relict and Administrix of all and singular the goods, chattels, rights and credits of William Brind late of Highworth in the county of Wilts & nemliar(?) jurisdiction of His Prebendary of Highworth authority founded in his Cathedral Church of Salisbury together with his last will and testament annexed during his nonage & minority of Thomas Brind, William Brind and Ann Brind, natural and lawful children of this said deceased & executors jointly named in his said last will shall and will well and duly execute and perform the said will and pay the debts and legacies of the said deceased so far further as his goods chattels and credits will thereto extend and the last bind her. And also shall make or cause to be made a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased which have or shall come to the Hands, Possession or Knowledge of her the said Mary Brind or into the hands, possession of knowledge of any other person of persons for her and the same so made shall exhibit or cause to be exhibited into the registry of her above said Prebendary of Highworth on or before his last day of August (if required) next ensuing. And lastly shall make and render a true and just account of and upon her. Administration in the premises and well and truly pay and deliver upon such sum or sums of money and such other of the testators estate as shall be remaining in her hands to such person or persons as shall have right to the same and as the law shall direct when his said Thomas, William and Ann Brind shall be of lawful age to receive this same & she the said Mary Brind shall be thereunto lawfully required. Then this obligation to be void or else to remain in full force and virtue.

Signed William Boucher, (latin) Dio & Ao---Highworth---Maria Brind--minor---Ayscough Surrogate Mary Brind Henry Coleman Christopher Lewis

(Then almost fifty years later)

Frederick by Divine Providence Archbishop of Canterbury Primate of all England & Metropolitan to all and singular flocks and likewise persons whomsoever & wheresoever in and throughout our whole province of Canterbury greeting. Whereas it hath been represented & sufficiently made known unto the worshipful Andrew Foltan Ducard (?) doctor of laws, Surrogate of the Right Worshipful Peter Calvert Doctor of Laws, Master Keeper or Commissary of Our Prerogative Court of Canterbury lawfully constituted on the part and behalf of Thomas Brind the son and surviving Executor named in the last will & testament of William Brind late of Highworth in the County of Wilts deceased that the said deceased died in the year one thousand seven hundred and thirty two but whilst living & of sound mind memory and understanding duly made & executed his last will and testament in writing and thereof appointed his sons Thomas Brind aforesaid & William Brind and his daughter Ann Brind spinster Executors who at the time of the said deceased's death were in their minority to wit respectively under the age of seventeen years and therefore by law incapable of taking upon them the probate & Execution of the said will and that the said deceased at the time of his death was possessed of goods, chattels or credits in divers dioceses or jurisdictions sufficient to found the jurisdiction of our prerogative court of Canterbury and that not withstanding the premises(?) letter of administration/ with the said will annexed/ of all and singular the goods chattels and credits of this said deceased were on or about the sixth day of May in the said year <one thousand seven hundred and thirty two>

incautiously granted and committed under the seal of the Prebendary Court of Highworth aforesaid (where the said will now remains) to Mary Brind widow the Relict of the said deceased as the mother and guardian of the said executors for their use and Benefit during their minority and until they or one of them should attain the age of seventeen years as by the acts & records of the said Prebendary Court reference lacking(?) thereunto had/will appear and whereas the surrogate aforesaid at the Petition of the Proctor of the said Thomas Brind rightly & duly proceeding did interpose his Diocese for transmitting into and leaving in the registry of Ann said prerogative court of Canterbury the aforesaid original last will and testament of the said deceased in manner and form herein after mentioned (Justice so requiring) we do therefore hereby authorise empower and strictly enjoin and command you jointly and severally that you peremptorily monish of cause to be monished the Revered the Prebend of the Prebendary of Highworth aforesaid his Commissary his Surrogate and register or Achiary(?) in special and all others in general in whose custody power or possession the said original will now is or doth remain /whom we also by the tenor of these presents do so admonish/ that they or one of them do transmit or cause to be transmitted unto our said Master Keeper or commissary his surrogate some other competent judge in this behalf in the Dining Room adjoining to the Common Hall of Doctors Commons situate lying and being in the Parish of Saint Benedict near Paul's Wharf, London, and place of Judicature there on or before the Caveat day to wit Tuesday the fourth day of September next ensuing the said original last will and testament of the said deceased and further to do & receive as unto law and justice shall appertain under pain of the law and contempt thereof at the Promotion of the said Thomas Brind, the Son of the said deceased and surviving executor <named in the said will> as aforesaid and what ye shall do or cause to be done in the premises ye shall duly certify our said Master Keeper or commissary his surrogate or some other competent judge in his behalf together with these presents given at London the fifthteenth day of August in the year of Our Lord one thousand seven hundred and eighty one. Henry Stevens Geo. Gostling (gap) Jno Grene

Deputy Registers

They were the two grandsons of Henry Brind. Henry was William's son. In order to settle a dispute about the ownership of the malthouse, Henry agrees to pay Harry £29. Henry gets the land maintaining the London/Highworth connection.

It is of interest that Henry left the Malthouse to his son William's sons ie Henry (Harry) or Cirencester. Henry paid £90 for it in 1693, it is now transferred for £29! In 1787 Walter I sells it for £185.

1> To all to whom these presents shall come Harry Brind of Cirencester in this County of Gloucester Woolcomber greeting whereas 2> Henry Brind of Foster Lane in the City of London Silver Smith is seized of an estate of freehold for this term of his natural life of and in all that 3> messuage or tenement or dwelling house with a malthouse and other houses thereunto belonging situate lying and being in Westrop in the parish of Highworth 4> in the County of Wilts together with this Backside and Garden ground thereunto adjoining and belonging containing by estimation one yard 5> of ground be the same more or less now in the tenancy or occupation of John Greene and late in the tenancy or occupation of John Fuller In 6> which said messuage or tenement and all and singular the premises aforesaid thereunto belonging to the said Harry Brind hath the 7> Reversion in fee as heir at law to Henry Brind late of Highworth aforesaid inn holder his grandfather deceased and whereas the said 8> Henry Brind deceased the Grandfather was in his lifetime and at the time of his death leased in fee simple of and in all those two 9> yards of arable lands lying in the common fields of Westrop aforesaid and adjoining or shooting upon the said Garden or Backside towards the 10> West one yard whereof lying under hollow roads Close Hedge and the other lying between the land heretofore of malting drying(?) of the 11> south side and the land heretofore in the occupation of one Francis Wilkins on the north and whereas upon the dowess of the said 12> Henry Brind the grandfather the same premises ought to have descended to the said Harry Brind right heir at law to the said Henry Brind the Grandfather deceased as aforesaid but William Brind father of the said 13> Henry Brind by distrayal .... into the said two several yards of arable land and enjoyed the same during the term of his natural 14> life after whose death the same descended and came to this said Henry Brind his son as his heir at law who is the .... of now seized 15>....of the said distrayal...dispute has latterly arose between the said Henry Brind so seized of the aforesaid two yards of 16> land which came to him by the distrayal of his grandfather as aforesaid and the said Harry Brind to whom of right the premises ought 17> to have descended and come as aforesaid upon the decease of the said Henry Brind the grandfather and thereupon to put an end to the said 18> dispute he the said Henry Brind doth hereby agree to pay unto the said Harry Brind the sum of twenty nine pounds .... 19> for his releasing all his the said Harry Brind's right tithe and interest which he now hath or may claim hereafter as well of in and to the 20> said messuage or tenement malthouse out houses backside and garden before mentioned as also of in and to the said two yards of 21> arable land herein also before mentioned now these present witness that the said Harry Brind for and in consideration of the said 22> sum of twenty nine pounds .... of lawful British money to him in hand paid by the said Henry Brind at or before the 23> sealing and delivery of these presents the .... whereof is hereby acknowledged hath satisfied released and for ever quit claims and 24> by these presents doth for himself and his heirs remise release and for ever quit claim unto the said Henry Brind and to his heirs and 25> assignees for ever as well all the estate right tithe interests claim and demand whatsoever of him the said Harry Brind or in or to all 26> that the said messuage or tenement malthouse out houses and garden with the appurtenances thereunto belonging as also all 27> those the said two several yards of arable land with their appurtenances and every part and parcel thereof TO HAVE AND 28> TO HOLD the said messuage or tenement malthouse out houses garden and two yards of arable land and premises above mentioned with 29> their appurtenances unto the said Henry Brind his heirs and assignees to the only proper use and behoof of him the said Henry Brind 30> his heirs and assignees for ever so that neither he the said Harry Brind nor his heirs nor any other person or persons for him or them or 31> in his or their names or rights shall may by any way or means whatsoever at any time hereafter claim challenge or demand 32> any estate right tithe or interest of in or to the said messuage malthouse lands and premises or any part thereof but from all and every 33> action and actions estate right tithe interest claim and demand of in or to the said premises or any part or parcel thereof they and 34> every of them shall be forever banned by these presents and the said Harry Brind and his heirs the said messuage lands tenements 35> hereditaments and premises with the appurtenances to the said Henry Brind his heirs and assignees against him the said Harry Brind 36> and his heirs shall and will to assent and for ever defend and the said Harry Brind for him self and his heirs doth covenant promise 37> and grant to and with the said Henry Brind and his heirs and assignees that he the said Harry Brind and his heirs shall and will 38> at any time and within the space of five years next after the date hereof at the proper costs and charges in the law of the said Henry Brind his 39> heirs or assignees make do acknowledge .... or suffer any further and other reasonable act and acts thing and things assurance 40> and assurances in the law whatsoever lieu by any new or other release or releases fee or fees recovery or recoveries or otherwise 41> howsoever for the better and more perfect conveying releasing and assigning the said messuage or tenement land and premises unto the 42> said Henry Brind his heirs and assignees as by the said Henry Brind his heirs or assignees or his or their counsel learned in the law shall 43> be reasonably devised advised or required In witness whereof the said Harry Brind have hereunto set his hand and seal this seventeenth day 44> of June one thousand seven hundred and forty one.

In the name of God Amen I Henry Brind of Hannington in the County of Wilts Gentleman being weak in body but of sound disposing mind and memory do make and ordain this my last will and testament in manner following (that is to say) I give devise and bequeath unto my loving friends Tho's Carter Sen. of Cricklade in the County of Wilts Gunsmith and Henry Angell of Highworth in the County of Wilts Yeoman and to their heirs all my estate and estates and also all my real and Personal Estates and Estates of what kind or sort soever whom I do appoint my executors In trust that they the said Tho's Carter and Henry Angell shall and will pay and discharge all my just debts and funeral expenses as soon as conveniently can be after my decease and after payment of the same In trust as to the residue of my said Estate and Estate both .... and personal I give devise and bequeath unto Elenor Carter daughter of Thos's Carter Sen. of the Parish of Cricklade St Sampson Gun Smith in the County of Wilts and to her two children now born of her body all my real and personal estate of estates equally share and share alike Item I revoke all former wills by me made and do declare this to be my last will In witness whereof I have hereunto set my hand and seal this twenty ninth day of March in the year of our Lord one Thousand Seven Hundred and fifty seven (1757).

Henry Brind HB Signed sealed published and declared by the said Testator and for his last will and testament who in his presence and at his request have subscribed our names as witness hereto there being seven words of interliniation William Archer Thomas Carter Jnr Thomas (X) House his mark

FCopy W. Mon

18 May 1757

18th May 1757 Hannington The Will of Henry Brind decd

This was was proved at Cricklade on the 18th day of May 1757 before His Rev{eren}d Nathaniel Sandford Cl{er}k ....... ....of the Revd Worshipful the archdeacon of Wilts and by him ...of the effects of the dec{eas}ed was granted & committed unto Thomas Carter one of the ex{ecu}tors within named (the like power being reserved to Henry Angell the other Ex{ecu}tor) being first duly sworn of the truth of the s{ai}d will to perform the same & pay the dec{eas}ed's debts & legacies as far as the goods & chattels will ... & to exhibit ...... & render a just acc{oun}t when required saving the rights of ..... Will{ia}m Boucher.....

Oc 8th

At Cricklade on the 18th day of June 1757 Thomas Carter one of the Executor within named (the like power being reserved to the other) was duly sworn before me N Sandford Sur{rogate}

(30b) Henry Brind, late of Hannington, probate 1767.

Midthep{?} by Divine providence Archbishop of Canterbury Primate of all England and Metropolitan To all and singular clerks and literate persons whomsoever and wheresoever in and throughout our whole Province of Canterbury greeting Whereas the Right Honourable Sir George Lee Knight Doctor of Laws Master Keeper or Commissary of our prerogative Court of Canterbury lawfully constituted rightly and duly proceeding in a certain cause or business of bringing into and leaving in the Registry of our said prerogative Court of Canterbury the Probate of the last will and Testament of Henry Brind late of Hannington in the County of Wilts Widower deceased and of showing cause why the same should be be revoked and declared null and void to all Intents and Purposes in law whatsoever as having been granted by a judge altogether incompetent and of proving the said will by good and sufficient witness in due form of law otherwise of showing good and sufficient cause why the said will should not be declared to be of no effect in law whatsoever and why the said deceased should not be pronounced to have died Intestate and who of Exhibiting and leaving in the Registry of our said Court a true and perfect Inventory of all and singular the goods chattels and credits of the said deceased upon oath promoted before him in judgement by Mary Franklin wife of John Franklin the natural and lawful mother and next of kin and administration of all and singular the goods chattels and credits of the said deceased against Thomas Carter the elder one of the executors named in the said will hath at the petition of the proctor of the said Thomas Carter the elder interposed his interlocutory order or decree for the transmitting and leaving in the Registry of our said court the original last will and testament of the said deceased in manner and form hereinafter mentioned (Justice so requiring) We therefore hereby empower and strictly enjoin and command you jointly and severally to Monish or cause to be Monished peremptorily the Reverend Henry Stebbing Doctor in Divinity archdeacon of the archdeaconry of Wilts his official and his Register or......... special and all others in General in whose custody power or possession the said original will is ..... now remain (whom .......by virtue of these present so admonish) that they or one of them do on or before the third session of this present Trinity Term to wit Thursday the twenty third day of this Instant June between the hours of nine and twelve in the forenoon transmit or cause to be transmitted unto our said Commissary his surrogate or some other competent judge in this Behalf in the Common Hall of Doctors Commons situate in the Parish of Saint Benedict near Paul's Wharf London and in the usual place of indicature where the said original last will and testament of the said Henry Brind deceased under pain of the law and contempt thereof and whatsoever you shall do in the premises you shall duly.... our commissary aforesaid his surrogate or some other competent judge in this ....together with these presents dated at London the eighth day of June 1767 and in the first year of our .....

W{illia}m Legard Pet: St Elolf Hen. Herens Deputy Registers