According to the records of the Goldsmiths Company Walter (who will be referred to throughout these notes as Walter I) was apprenticed to John Raynes in London in 1736 at the age of 14/15 for £25. He probably lived with his master. In 1742 he was turned over to his brother Henry, became a Freeman of the Goldsmiths Company in 1743 and was elected to the Livery in 1758.

In 1749 Walter entered his mark (WB) as a large worker with a second (2 sizes) in 1751, a third mark in 1757 and a fourth as a plate worker in 1781. In Parker & Wakelin's Workman's Ledger No 2 November 1768 he is shown as a supplier of panakins, papboats, children's mugs and cream-boats. His marks are also on an oval engraved snuff box 1754, a coffee pot 1769, a communion cup 1781 and a pair of fluted sauce boats 1782. He had apprentices from 1747-80. Walter and his elder brother Henry were the only members of the family to register marks - they are shown in this section.

A brochure on the Goldsmiths' Company which is one of the old City of London Livery Companies is attached and also a copy of an insurance policy Walter took out with the Sun Insurance in 1750 to cover his house and wearing apparel at a value of £200. Other insurances have not been researched (Insurance records are mainly held in the Guildhall Library, London, with one company's at the Cambridge University Library).

In 1749 he married Ann Kersill (nee White) who was the widow of Richard Kersill a Goldsmith and a contemporary of his from Highworth who died in 1747. The two Vicar General's marriage allegations (licences) are attached. The Gentleman's Magazine of 1791 page 93 records her death in 1791. Walter may well have acquired the property in Foster Lane through Ann. The Ann wife of John Bridges mentioned in Walter's will was a daughter of his wife's first marriage - she was born in 1745 and married in 1767. The Parish Registers of Christchurch, Greyfriars, Newgate, London show Walter and Ann as having the following children:

William	1749
Mary	1750-
Elizabeth	1751-(1840)
Esther	1753-	(shown as Easter in his will)
Henry	1755

The baptism of Thomas c1759 and Walter c1763 have not yet been traced.

In his will Walter mentions the following family
William
Mary m to Thomas Patrick
Elizabeth
Easter i.e. Esther (Error probably due to Wiltshire accent)
Henry - daughter Ann married to Thomas Ashton - son Walter
Thomas
Walter II
Brother Thomas - son Thomas and three sisters
Daughter-in-law Ann wife of John Bridges (step-daughter)
Friend Geo Sowley (whose daughters married Thomas and Walter)

The Goldsmiths' Company records show that his sons received the following training:

William. Apprenticed to his father in 1763 to be trained as a Goldsmith. He became a Freeman in 1771 but did not register a mark in London, however he may have continued to work with his father, but by 1796 when Walter signed his will he was obviously not in London as unlike his remaining brothers and sisters he was not appointed an executor. He is almost certainly the William who moved to Birmingham and married Elizabeth Tomason. The bapt/burial of seven children are recorded in the registers of St Philip's and St Paul's. He did not register a mark at the Birmingham Assay Office and it is not known what employment he undertook. He probably did not prosper in Birmingham and returned to London (Bethnal Green) between 1801 and 1806 and had two further children with Elizabeth, they are entered in the register of St Matthew's and at Esther's bapt entry in 1813 he is shown as a Coal Meter (an official appointed to superintend the measuring of coal), his death is recorded at the same church in 1816 aged 65. St Note (I).

Their eldest son William (Darby) -it is not known when he acquired the second christian name was only Wm is entered in the church register- was the most famous and was a very successful Master Mariner and Whaler Captain, a crew list showing his place of birth, age when joining the ship in /Dec 1835, biography and pictures are at the end of this section. He is the only member of our family to have a book written about his exploits-- "Brind of the Bay of Islands". He settled in New Zealand. His son Alfred Henry had a career at sea and the latter's son Eardley Reginald .

Nothing is known about the second son Thomas Patrick, perhaps he also went to sea. The third son Charles Bourn(e) was a grocer in London in the Goldsmiths' Co records of 1823 and on his death certificate in 1862 a Stationer's Assistant. I am told that the fourth son Walter was a Rigger at a London shipyard.

Henry. Admitted as a scholar to St Paul's School aged 9 in 1764 and apprenticed to his father in 1769 to be trained as a Goldsmith. He then apparently became a Woollen Draper and Tailor and had apprentices himself from 1778 to 1790. His wife Mary died in 1785 (PROB 6/161 (334)).

Thomas. Apprenticed to his father in 1774 to be trained as Goldsmith and turned over in 1777 to Thomas Clements a ribbon weaver and musician. He became a Freeman in 1782, Livery 1791 and Prime Warden of the Goldsmiths` Company in 1813. He married Mary Sowley and he died in 1838. His death certificate gives his occupation as a Gold Refiner and age as 80. In his will which is in this section he mentions his wife, sons Charles and Thomas, two daughters and six members of his brother Walter II's family.

His son Charles was apprenticed to his father in 1802 as a Refiner, he became a Freeman and Livery in 1814 and was Prime Warden of the Goldsmiths Company in 1848. He was a wine merchant. Thomas was apprenticed to his father in 1807 as a Refiner and then turned over to Fulke Beddington Bassett a Linen Draper. He became a Freeman in 1815 and Livery in 1824. In the Goldsmiths' Company records both are described as Gentlemen so they must have done rather well, neither married. Thomas's death certificate shows that he died in 1852 aged 60.

Walter II see next section

It is interesting that Walter I's sons and grandsons who gained their Freedom of the Goldsmiths' Company by patrimony rather than service and trained as ribbon and silk weavers, woollen and linen drapers, tailors, etc. are not listed in the records of more appropriate city livery companies, that one would have expected them to join to obtain their qualifications, such as the Mercers', Haberdashers', Merchant Tailors' or Drapers'. To save paying their dues twice they could apparently obtain their qualification through the Goldsmiths Company.

Walter I and Ann spent a lot of time and effort sorting out and eventually disposing of the family property in Wiltshire at Highworth and Cricklade which had been acquired mainly from his elder brother Henry, ie:

Estate Duty Records which start about 1796 have not been consulted during the research for these notes.

Walter and Ann's family and descendants of their sons are shown at the Annex at the end of this section.

The marks are taken from Jackson's Silver & Gold Marks, edited by Ian Pickford and published by the Antique Collectors' Club, Woodbridge, in 1989.

THE GOLDSMITHS' COMPANY

Goldsmiths' Hall, Foster Lane, London EC2V 6BN
Telephone: 0171 606 7010 Facsimile: 0171 606 1511

Lt Col D J Brind

DB/RZ

15 August 1997

Dear Lt Col Brind
WALTER BRIND 1722-1796

Thank you for your letter of the 12 August concerning Brind's marriage in 1748 to Ann Kersill, a widow. I have found that there are two Kersill's who were apprenticed in London through the Goldsmiths' Company in 1736 and 1749.

Richard Kersill, the son of William Kersill of Highworth in Wiltshire, a maltster, was apprenticed on the 1 July 1736 to George Greenhill Jones for seven years to learn his art of a goldsmith. A premium of £30 was paid to his master (GC Apprentice Book 6, p.221). He became free by service on the 7 February 1743/4.

His brother, Thomas Kersill, the son of William Kersill of Highway (sic), in Wiltshire, a maltster deceased, was apprenticed on the 7 February 1749/50 to Walter Brind to learn his art of a goldsmith for seven years (GC Apprentice Book 7, p.132). He was turned over on the same day to Dorothy Bates the widow of Nathaniel Bates, late Citizen and Cutler deceased. This information is in a marginal note by his apprenticeship entry. On the 23 March 1757 Thomas claimed his freedom by service with the consent of Dorothy Bates and on the testimony of Walter Brind and William Kersill, Turner.

Yours sincerely

David Beasley
Librarian

The Wardens and Commonalty of the Mystery of Goldsmiths of the City of London

(Wilts County Record Office 212B/3498.)

for the residue of the sd term of 500 years thereby granted then to come and maximus herein subject to the proviso or condon therein mentd

And then to the proper use & behoof of the sd Tho. Hartwell his Hrs & aps for ever

Exted by sd T Hartwell & Margaret his wife duly attested & acknowledgment of conson being paid widower on the back of .............

Easter term ...Wm. 3rd--- Indentures of full levied accordingly == Between said Henry Coleman Plaintiff and said Tho. Hartwell and Margaret his wife defeseants by 2 May 13 Feb 1698 By Indenture of three pts made between the sd Henry Coleman of the 1st Part sd Tho. Hartwell of the 2nd pt & Jasper Chapman of Stratton in the County of Glo. Esq. of the third pt Reciting the sd Indenture of Lease of the 28th day of Dec 1693 and also reciting the last above abstracted Indenture of the 25 Feb 1694

That sd sums of 100£ & 100£ were not paid to the sd H Coleman on the days in the sd recited indenture ment' whereby the estate of sd H Coleman of & in the sd .........became absolute at .........for the residue of the sd term but that alo estate........had been duly paid.

It is by the now ....Indenture ..........that in conson of 200£ to sd H Coleman pd by sd Jasper Chapman/ by the decon &c of sd Tho. Hartwell testified to / He the sd H Coleman by the like decon &c <of sd Hartwell..............> did bargain sell assign & set over unto the sd Jasper Chapman his executors administrators & appointees.

All the sd premises together with all deeds f

To hold unto the sd Jasper Chapman his executors administrators & appointees for the residue of the sd term of 500 years-- levied by sd H Coleman that he had not done any act to encumber the sd Premises

It is by the indenture now abstracting further wild that for the consons therein before expressed & in further conson of 200£ to sd Tho Hartwell pd by sd Jasper Chapman He the sd Thos hartwell did ratify & confirm unto the sd Jasper Chapman his executors administrators & appointees

All the sd Premises by me ..........

To hold unto the sd Jasper Chapman his executors administrators & appointees for the residue of the sd term of 500 years discharged of the proviso in the sd recited indenture of lease contained --

Proviso contained in the ....indenture for making same void on payment by the sd Thos Hartwell his heirs &c unto the sd Jasper Chapman his executors &c of the sum of 420£ at the day of Fines therein mentioned COVd by the sd Tho Hartwell for payment of the prinicpal money & int. and for further afinance in default of payment.

Extd by sd Henry Coleman & Thos Hartwell and duly attested 25th & 26the Oct. 1705 By indentures made bet. sd Thos Hartwell of the first pt and sd Jasper Chapman of the second pt & John Chaunler of Southiep in the County of Glouces Gentleman of the 3rd part--

It is Witd that in conson of a great sum of money then owing from the sd Tho Hartwell unto sd Jasper Chapman on Mtge of Premises thereinafter mentioned, & in conson of 5£ to sd Thos Hartwell pd by sd Jasper Chapman @ at 5s also to him pd by this sd John Chaunler. He the sd Tho Hartwell on the ......the sd Jasper Chapman ...&c /did grant bargain sell alien ...... & confirm unto the sd John Chaunler in his actual possion let .......and to his & ap: All that Mese tenem or Inn with the appurts comty called or known by the name or sign of the Crown sch in Highworth afrsd then in the occupation of the said Tho Hartwell & all & singular houses outhouses edifices buildings shops kilns .........Penthouses Barns Stables Malthouses Backsides Gardens Orchards Actoc the same belongingù_

And the ....

and all the rent

and all deeds & To hold unto & to the use of the sd John Chaunler his Heirs & Ap for ever Upon Trust nevertheless to permit & suffer the sd Jasper Chapman his Hrs & ap to hold the said Premises & receive the profits thereof to his & their own use for ever---

Levd by sd Thomas Hartwell that sd Premises should remain unto the sd John Chaunlet his Hrs & Ap To the uses therefore mented free from all encumbrances whatsoever / except the sd Indu of lease bearing date the 28 Dec 1693 for the term of 500 years which had been since apd to the sd Jasper Chapman for the residue thereof / and also except one of the malthouses called the upper Malthouse which had then been lately conveyed to Nichs Apswell & his Hrs== And levd for further .....Extd by sd Thos Hartwell duly attested & receipt for 5£ conson money enclosed

25 & 26 Mar 1722, Inens of Lease & Release

lease bet. Thos Martin of ........in the Co of Glo. Esq of the one pt & Will Brind of Cricklade in the Co: of Wilts--- Innholder of the or pt

Mr Martin afterwards (forced?) in the Release dated

10 Jany 1723 By Indu made betn the sd Willm Brind of the one pt & Harry Tuckey of Haydon in the Par. of Rodborn Cheyney in the County of Wilts Gent of the sd Pt

It is wild that in conson of 100£ paid to the sd W Brind by the sd Harry Tuckey He the sd Wm Brind Did demiss grant bargain & sell ... Mess Harry Tuckey his ..........also assigns inter alia All that the sd Mess or tent. comly called or known by the name of the Crown In sit & being in Highworth afrsd Together with all Houses etc

To hold unto the sd Harry Tuckey his heirs admons & aps for the term of 500 years-- Proviso to be void on payment by the sd Wm Brind his Hrs etc unto the sd Harry Tuckey his Exms etc of the sum of £102 10s at a Day therein mentd

Levd by said W Brind for Paymt of deed &c that he was lawfully seized & had power to convey

For peaceable enjoymt in default of paymt And for further afrs

Extd by sd W Brind duly attested & receipt for conson money indoun

Feb 1764 By Inde made betn John Franklin of Highworth in the Co of Wilts Gent & Mary his wife (the widow and relict of Willm Brind then late of Highworth afsd Innholder decd. and also administratrix of the Goods & Chattels Rights & credits of her son Henry Brind then late of Hannington in the sd Co: of Wilts Gent decd/ Walter Brind of the City of London Goldsmith, Thos Brind of the sd City of London Goldsmisth William Brind of the sd City of London scale maker & Henry Kinneir of Highworth aforesaid ........ which sd Henry Brind Walter Brind Thos Brind Will Brind and Ann the wife of the sd Hy Kinneir are therein described to be the five children of the sd Will Brind decd/ of the one part and Henry Angell of Highworth afsd Gent of the or. pt Reciting that the sd William Brind deceased did in and by his will bearing date the 31 day of March 1732 give and bequeath to his then wife Mary Brind the wife of the sd John Franklin All that his Messe & Tenemt & Inn called the Crown Inn with the appurty of & being in Highworth afsd for her life, and after her decease or marriage again which should first happen then he directed the same to be disposed of and the purchase money to be equally divided betn his five children the sd Henry, Walter Thomas, William & Ann Brind or so many of them as shod be then living and appointed the sd Thomas William & Ann Brind joint Execs & Extric of the sd will

And reciting ........Ann Brind again intermarried with the said Henry Kinneir and was then since dead

And further reciting that the sd Henry Brind was then also since dead intestated and administration of his good chattels rights and credits had been granted to the said Mary the wife of the sd Jno Franklin

That the sd Walter Brind as eldest son & Heir of the sd Will Brind decd, had/by & with the consent etc of the sd Jno Franklin and Mary his wife Thos Brind Will Brind (party thereto) & Henry Kinneir sold the said Mese or Tenemt and Inn with the appurty to the said Henry Angell for the sum of 300£ That the sd messe tenemt or inn was mtged by the sd W Brind decd in his life time to Harry Tuckey for the receiving the sum of 100£ & Int

And further reciting that by Inde of lease & release, the lease bearing date the day before and the Release being of 4 Pts and bearing even date with the now abstracting Indie & made betn Tho Martin of the City of Bath in the Co: of Somerset Esq of the sd pt John Chaunler of the University of Oxford Clk Grandson & heir of John Chaunler then late of Southrop in the County of Gloucestershire Gentm decd of the second part, the sd Jno Franklin & Mary his wife & Walter Brind & Ann his wife of the third pt & the sd Henry Angell of the fourth pt in conson of ....apiece to the sd Thos Martin & Jno Chaunler (party thereto) paid by sd Henry Angel & 100£ in part of the Purchase money to Rob Tuckey of Highworth in the County of Wilts by / administration of sd Harry Tuckey decd/ pd by said Henry Angell in descharge of sdMtge and of 200£ to vd John Franklin & Mary his wife & Walter Brind .... and like John Chaunler (party thereto) by the decon of the sd Thos Martin John Franklin & Mary his wife & Walter Brind ( ?????) and also the said John Franklin & Mary his wife & Walter Brind did grant ???? & convey the sd Messe or Tenmt. Inn Premises unto & to the use of the sd Henry Angell his Hrs & Ap. for ever And further reciting that sd Ind. Franklin & Mary his wife Walter Brind Thomas Brind William Brind .......and Henry Kenneit Had at the time of the sale of the sd Prms mutually agreed to divide the reside of said Purchase Money / being 200£/ equally bet. them, which had been accordingly done. It is by the now absts Inde thatd that the sd Jno Franklin & Mary his wife Walter Brind Thos Brind, William Brind /party thereto/ and Henry Kinneir did thereby .....and respectively & for their sevl ....Hrs Exons & admons acknowledge that they each of them had received their sevl & respective shares of the said sum of 200£ being the residue of the sd Purchase Money pd by the sd Henry Angell for the sd Messg or Tenmt & Inn after paying the sd Robert Tuckey the sum of £100 in discharge of his Mtge thereon, and therefore in conson thereof they they sd John Franklin & Mary his wife thereon, of Walter Brind, Thomas Brind, William Brind (pty thereto) and Henry Kinneir did for themselves severally & respectively & for the sevl & .....Hrs Exons & Admons remise release & for ever grant claim unto the sd Henry Angell his Hrs & Aps as well.....and way their shares of the sd Purchase Money as also all such ...Right Title Int. Property Claim & Demain whatsoever as well of in & to the sd Purchase Money as also of in and to the sd Mess. or Tenemt & Inn with this Appurts. which they the sd Jno Franklin & Mary his wife Walter Brind Thomas Brind Willliam Brind (party thereto) & Henry Kinneir or any or either of them then had or ever they or any or other of them their or any or other of them his ext. or admon. could be or might at any time thereafter have claimed or demand against the sd Henry Angell his Hrs or aps. under or by virtue of the sd will of the sd William Brind decd or therein howsoever.

Exted. by .... Franklin Mary Franklin Walter Brind Thos. Brind Will. Brind & Henry Kinneir and duly attested

20 & 21st Feb 1764 Indies of Lease & Release the lease made betn Thomas Martin of the City of Bath in the County of Somerset Esq and John Chaunler of the University of Oxford Clk/ Grandson Heir of John Chaunler then late of Southrop in the County of Glo: Gent Decd./John Franklin of Highworth in the County of Wilts Gent & Mary his wife/ then late the wifdow and relict of Will Brind then late of Highworth apd Innholder deceased and Walter Brind of the City of London Goldsmith eldest son & Heir of the sd Will Brind decd of the one pt and Henry Angell of Highworth aforesaid Gentn of the other pt And the Release being of of 4 pts & made betn Thomas Martin of the first pt the sd John Chaunler of the second pt the sd Jno Franklin Mary his wife the sd Walter Brind & Ann the wife of the sd Walter Brind of the 3d Pt & the said Henry Angell of the fourth pt

Reciting that by Indie of Lease Release bearing date the 25th & 26th days of March 1722 and made bet the sd Thos Martin/ by his description of Thos Martin of Cirencester of the Co: of Glo. ????/and Joanne his wife of the one part & the sd Will Brind by his description of Wm Brind of Highlew in the Co of Wilts Innholder/ of the other pt Therein Thos. Martin & Joanna his wife in Conson of 350£ top them paid by the sd William Brind did grant bargain sell release ....& confirm to the sd William Brind his Hrs & Ap. All that Mess or Tenmem commonly called or known by the Name of the Crown Inn set in Highworth afsd and all houses &c

To hold ........the sd William Brind his Hrs & Aps for ever

And reciting that no such set of ......could then be made of the sd Messg & Prmes. unto the sd William Brind & his Hrs. the said Prmes then being amongst other lands of Jasper Chapman of Stratton in the County of Glo. Esq decd by him in his life time by Indes of Lease & Release bearing date the 8 & 9th of June 1710 & made bet. the said Jasper Chapman of the one pt and Edwd Foyle & John Foyle sign of the at pt settled & conveyed unto & upon them the sd Edwad Foyle & John Foyle& their Hrs. To the use of sd Jasper Chapman for life, Remainder to said Joanna Martin for life, Remainder to sd Edw Foyle & John Foyle & their Hrs during the .....of the sd Japser Chapman & Joanna Martin to present the coningent remaining remainder to the first & other sons of the sd Joanna the wife of the sd Thomas Martin to be begotten & the Heirs Male of their ...... bodies with divers other ....over the said Tho Martin had by Indie of Lease & Release bearing date the 25th & 2th days of March 1722 made bet him the sd Tho Martin of the one part and the sd William Brind of the or Pt conveyed and the sd William Brind & his Hrs A Close of Meadow or Pasture Ground & other Prmes in Cirencester afrsd as a collateral security for Molesting keeping indemnifying the sd Wm Brind his Hrs & aps The sd Messe & Prmes in Highworth afsd of & from the sd Indes of Lease Release so made by the sd Jasper Chaprman as aforesaid & all the rents turns & Interest thereby granted

And further reciting that since the Recon of the sd therein first recited Indie of Lease & Release the ....Entails remainder elucidations waited & appointed in & by the sd .... so executed by the sd Jasper Chapman of & concerning the said Mess. Prmes in Highworth afsd had been by by the sd Jasper Chapman of & concerning the said Mess. Premes in Hgihworth afsd had been by times & recoveries ....well & sufficiently burned and destroyed whereby sd Thos Martin was then become seized to him & his Hrs of & in a good Ext. .... in ....simple to therein.

And also reciting ... the sd Henry Angell, had agreed with the sd John Franklin & Mary his wife and Walter Brind for the Purchase of the sd Mess & Prmes in Highworth afsd for the sum of 300£ & in conson that said Will Brind had agreed to convey back to sd Tho Martin his Hrs & aps the sd .... of Meadow & Pasture & other Prems in ,....afsd which had been so conveyed to the sd Will Brind as a collateral security as aforesaid he the sd Tho Martin had consented to join in the conveyance of the sd Mess & Prmes at Highworth afsd to the sd Henry Angell & his Hrs

It is by the now abstract Indi Witd that in conson of the sd Walter Brind having so agreed to grant & convey back the sd Prmes in Cirencester unto the sd Thomas Martin & his Hrs as aforesaid & of 5/6 Thos Martin & Jno Franklin (party thereto) paid by sd Henry Angell and also in conson his wife & Walter Brind also paid by the sd Henry Angell.

He the sd Thomas Martin by the direction &c of ...John Franklin & Mary his wife & Walter Brind testified etc /And the sd John Chaunler (party thereto)by the direction &c of the sd Thomas Martin, John Franklin & Mary his wife & Walter Brind testified &c And also the sd John Franklin & Mary his wife & Walter Brind.

Did grant bargain & sell lien release quit claim & confirm unto the sd Henry Angell in his actual person &c and to his Hrs & aps.

All that the sd Messe commonly called or known by the name or sign of the Crown Inn situate & being in Highworth aforesaid.

And all singular houses &x

And the Reversion &c

And also all the ...&c

Together with all ....&c.

To hold unto & to the use of the sd Henry Angell his Hrs & Aps for everù_

Levd by the sd Thos Martin John Franklin & Walter Brind, that they were lawfully seizedù_That they had power to convey, for peaceable enjoyment /free from incmbrances except the residue of a lease of 500 yrs ??? by the sd herein before ???? indenture of Mortge of 28 day of Exerc 1695 made bet. ??? Thos Hartwell of the one part & Henry Coleman of the other part And also the residue of one other term of 500 years ???? also by the sd herein before abstracted Inde of Mgs, of the 10th day of Jan. 1723ù_made bet. the said William Brind of the one part & the said Harry Tuckey of the other pt the remainder of which sd terms are therein described to be by an Inde of ???? of 6 pts bearing ???? date with the now abstracting Inde ???? assigned to Willm Saunders of Highworth afsd Grocer his Execs admons & Aps In trust for the sd Henry Angell his Hrs & Aps to attend the ?????

And Lev a further assurance

Lvd from sd Jno Franklin & Walter Brind that they & their said ???? wives would as of Hilary Term then last or Eastern Therm then next or some subsequent time levy a fine

Sur conuzance de droit come ceo &c unto the sd Henry Angell his Hrs & Aps of all the sd Prmes, thereby released or intended so to be.

Declaration that sd fine so as aforesaid to be levied and all other fines &c should ensueù_

To the only proper use & behoof of the sd Henry Angell his Hrs & Aps for everù_

Lev by sd John Chaunler that sd John Chaunler decd in his life time or or said John Chaunler <party thereto> and his decease had not done any act to incumber the ...........

Lease & Release Executed by all the sd Parties thereto & duly attested & ...........for 200£ conson Money ............on the back of the ......

Trinity Term 4th Geo 3d Indies of Fine levied accordingly bet. said Henry Angell P... and sd John Franklin & Mary his wife & Walter Brind & Ann his wife .....of one M... one farm 5 stables, 2 Gardens & 1 acre of land with the appts in Highworth.

21 Feb 1764. By Inde of 6 Pts made betn Jane Willett/ sole Executrix of the last will & testament of Elizt Willett/ the widow and Admix. of her then late Husband Ralph Willett Clk who survived John Cox of Bassetts Down in the County of Wilts & which sd John Cox & Ralph Willett acc therein discribed to be the sole Executors of Jasper Chapman then late of Stratton in Co of Glo. Esq decd/ of the first part Robert Tuckey of Highworth in the sd Co of Wilts Esq/ administration of all and singular the goods chattels lights and credits of Harry Tuckey then late of Heydon in the Parish of Redborn Cheney in the sd County of Wilts Gent decd. with his will annexed left unadministered as well by Henry Tuckey then late of Haydon aforsd Gent decd sole Exeto of the sd Harry Tuckey as by Gleann Tuckey of Swindon in the Co of Wilts Widow, which & administrating of the goods & chattels Rights & Credits of the sd Henry Tuckey of the second part the said Thomas Martin of the 3d Part, the said Jno Franklin & Mary his wife & Walter Brind of the fourth Part, the sd Henry Angell of the fifth Part and William Saunders of Highworth of afsd now of the 6th Part.

Reciting the sd hereinbefore abstracted Inden of Mge of the 28th day of Dec 1693 made bet. Thomas Hartwell of the one Pt and Henry Coleman of the other Part.

That said Principal sum of 100 Pounds twenty pounds had not been paid on at the day appointed in the said Inde for the Paymt thereof but that all Int had been discharged to the sd Henry Coleman.

Also Reciting the hereinbefore abstracted Inde of surcharge of the 25th Feb 1694 made bet the sd Thomas Hartwell, & Ma... his then wife of the one Part & the sd Henry Coleman of the other Part And also there hereinbefore abstracted Ind of assignment of the 13th dau of Feb 1698 made bet. the said Henry Coleman the first Pt the sd Thos Hartwell of the second Pt & the sd Jasper Chapman of the 3 Pt.

And Reciting that the sd sum of 420£ secured by the said Inde of Apt had not been paid by sd Thos Hartwell to sd Jasper Chapoman on the days in the same Inde appointed for paymt thereof whby the bet afsd Jasper Chapman ......therein described .......at Lasw but that sd Tho Hartwell afrsd pd to sd Jasper Chapman alu int of the sd Principal ...& also 115£ in Part of the same sd Principal Money.

And Reciting the said hereinbefore abstracted Indes of Lease & Release of the 25 & 26 Days of Oct 1705 made bet. the sd Tho Hartwell of the first Pt said Jasper Chapman of the 2nd Pt & John Chaunler of the 3 Pt~

That sd Jasper Chapman had afterward/ among other ..../conveyed the sd Mess. or Inn with appurts to the use of himself for life Remainder to his Daughter Joanna then late Wife of the sd Thos Martin for life, Remainder to Trustees to preseve contingent remainder with .... other Remainder over.

That sd Jasper Chapman afterwards died leaving first made his will in writing & thereof appointed the sd John Cox & Ralph Willett sole Executors

That sd Thos Martin & Joanna his wife had afterwards conveyed that sd Mess or Inn with the appurts to the sd Will Brind & his Hrs.

That by ......of seal conveyances & .... ion the law & otherwise the sd Thos Martin John Franklin & Mary his Wife & Walter Brind in some or one of them or some Person or Persons in Trust for them or some or one them were or was become seized of ......of the sd Mess or Inn with the appurts

And also reciting that the sd Henry Angell had agreed with the sd John Franklin & Mary his wife & Walter Brind for the Purchase of the sd Freehold & ..... of the same Mess Inn & Premises.

To the end the said Term of 500 yrs might be preserved & keep on foot to attend & wait on the Revon & Inliance of the sd Mess Inn & Prmes & defend the same from all incumbrances.

It is by The Indie now abstd ...that in conson of 5s to sd Jane Willett pd by sd W Saunders She the said Jane Willett /by the decon of sd Tho Martin Jno Franklin & Mary his wife and Walter Brind testified &c/ and on the nomination &c of the sd Henry Angell ....

Did bargain ... assign transfer & set over unto the sd Willm Saunders his Execs admons & apsù_

All that the sd Mess Tenemt or Inn & little Parcel or scale Plot of Ground thereat adjoining & belonging sit ...Highworth afrsd

And also all Heirs &c

And also all the Est &c

Together with the therein recited Inde of Mtge &c and all or Deeds &c

And all other deeds &c

To hold unto the sd .. Saunders his Execs Admons & Ap. for the residue of the sd term of 500 years. In trust for the sd Henry Angell his Hrs & Ap. And to attend & go along with the Freehold & .... of the same Mess Inn & Prmes to defend the same from all mean incumbrancy &c.

Levd from sd Jane Willett that she had not done any act to incumber the sd Prmsù_

And futher Reciting the hereinbefore abstracted Indre of Mgs opf the 10h day of Jan 1723 & made bet. the sd Will Brind of the one Part & the sd Harry Tuckey of the other Pt-

And Reciting that the sd term of 102 & 10 ........was not pd by Will Brind to sd Harry Tuckey at the time in the same Inde appointed for paymt those whby the Est of the sd Harry Tuckey of and in the sd Prmes became absolute in Law for the residue of the sd Term of 500 yrs.

That the sd Wily Brind was then dead leaving the sd Mary his wife who afterwards intermarried with the sd Jno Franklin the said Walter Brind his son & heir

That the sd Harry Tuckey was then also dead and administration of his goods chattels and credits left unadministrated by the sd Henry Tcukey his son & sol Exer decd and also by the sd Eleanor Tuckey the Widow & Adtrix of the sd Henry Tuckey with the will of the said Harry Tuckey annexed, had been grated to the sd Robt Tuckey whby he was become entitled to the sd Mssed Prmes for the widow of the sd therein last mentd term of 500 years- Ano to all Principal Money & interest due on the sd last mentd Mtge.

The land is known as the Water Furlong, the Dance Ground and the Fforty Ground. For some reason the document is dated 6 April, 1784.

6 April 1784

M... of agreement of Purchase

Mr Brind to Mr Poulton

374/563

Memorandum that on this sixth day of April in the year of our Lord 1781. It is agreed by and between Walter Brind of Foster Lane London Goldsmith and Charles Poulton of Cricklade in the County of Wilts grazier as follows, The said Walter Brind doth hereby for himself his Heirs executors and administrators undertake Promise and agree to and with the said Charles Poulton his Heirs and assigns that in considn of the sum of five hundred and twenty pounds to be paid by the said Charles Poulton his Heirs Executors or administrators in manner as hereinafter is mentioned He the said Walter Brind or his Heirs shall and will on or before the Twelfth day of May next ensuing the May of the date of these presents at his of their own proper costs make out or procure to be made out a good perfect & clear title by which it shall appear to the said Charles Poulton his Heirs Executors administrators or assigns or to his or their counsel that the said Walter Brind is well entitled to the Inheritance in ffee simple in possession of the Premises hereinafter mentioned that the same are free from all encumbrances and further that he the said Walter Brind or his Heirs shall and will be such conveyances and assurances in the law as the counsel or agents of the said Charles Poulton his Heirs or assigns shall lawfully and reasonable advise (such conveyances and assurances to be made and prepared at the costs and charges of the said Charles Poulton his Heirs or assigns) convey and assure or cause and procure to be conveyed and assured unto and to the use of the sd Charles Poulton his Heirs and assigns for ever all that encloses or pieces of Pasture Ground commonly called or known by the names of the Water Furlong, the Dance Ground and the Fforty Ground together with the ex stall on the fforty Ground situate lying being in the Parish of Cricklade St Sampson & in the County of Wilts & containing together thirteen acres more or less same now in the tenure of the said Charles Poulton at the yearly rent of forty one pounds 10s.And also one acre of land now in the tenance of, Richard Champeryeon(?) And the said Charles Poulton for himself his Heirs executors administrators and assigns doth undertake Promise and agree to and with the said Walter Brind his Executors and administrators by these presents and manner following that is to say that upon having such Title made out as aforesaid he the said Charles Poulton & his Heirs Execs or admons shall and will on the sd twelfth day of May next or before upon having such conveyances or assurances as aforesaid made & executed unto and to the use of the said Charles Poulton his Heirs or assigns of the inheritance in the ffee simple in possession of an in the said Premises He the said Charles Poulton shall and will well and truly pay or cause to be paid unto the said Walter Brind his Executors or administrators at his house in Foster Lane aforesaid the said sum of five hundred and seventy pounds and that upon Paying the said money as aforesd he the said Charles Poulton shall & may have and receive the Rents and Profits of the said Premises for his and their own use from that time In witness whereof the said Walter Brind and Charles Poulton have hereunto set their hands the Day and year first above written. Walter Brind Charles Poulton

Witness Joseph Dutton James Hague Barthols Buildings

Received the day and year first above written of the above name Charles Poulton the sum of ten pounds and ten shillings in part of the consideration money above mentioned.

£10..10.0 Walter Brind

Witness Joseph Dutton James Hague

Recd May 15 1781 or Mr Charles Poulton by the hands of Mr Sharpe five Hundred Pound in part of the above mentioned purchase

£500.00.0 p Walter Brind

WRO 374/503

The judgement includes £60 given by Charles & Thomas to Walter & Ann. If you add the £60 to the £510 received according to the agreement of April 1781, you get a total of £570, which is the purchase price mentioned in that agreement.

This is the final agreement made in the Court of Our Sovereign Lord the King at Westminster from Easter day in fifteen days in the twenty first year of the Reign of George the Third by the Grace of God of Great Britain France & Ireland King Defender of the faith er Before Alexander Lord Lowthborouth Henry Gould George Mares & John Heath justices of our Lord the King & others then & there present Between Charles Poulton the younger & Thomas Dutton pths and Walter Brind & Ann his wife deferts of one toft fifteen acre of land fifteen acres of meadows fifteen acres of Pasture & common of pasture for all & all manner of cattle with the appurts in Cricklade & Chelworth whereupon a plea of covenant was summoned between them in the same court that is to say that the aforesd Walter & Ann have acknowledged the aforesd tenemts & common of pasture with the appurts to be the Right of him the sd Charles as these which the sd Charles & Thomas have of the gift of the aforesd Walter and Ann and those they have Revised & Quitclaimed from them the sd Walter & Ann & their heirs to the aforesd Charles & Thomas & the heirs of the sd Charles for ever and Moreover the sd Walter & Ann have granted for them & the heirs of the sd Walter that they will warrl to the aforesd Charles & Thomas & their heirs of the sd Charles the aforesd tenemts & common of pasture with the appurts against than the sd Walter & Ann & the heirs of the sd Walter for ever and for this acknowledgment Rents Quitclaim Warranty ffine & agreement the sd Charles & Thomas have given to the aforesd Walter & Ann sixty pounds sterling.

Henry Brind's estate 20 acres plus and other property for 5/-! May 30, 1781. But see the next two documents with mention a sum of £570.

This Indenture made the thirtieth day of May in the twenty first year of the reign of our Sovereign Lord George the Third by the Grace of God of Great Britain, France and Ireland King Defender of the faith etc. And in the year of our Lord one thousand seven hundred and eighty one (1781) BETWEEN Walter Brind of Foster Lane in the City of London Goldsmith of the one part and Thomas Dutton of Bury in the County of Berks salesman late all of the other part WITNESSETH that for and in consideration of the sum of five shillings of lawful money of Great Britain to the said Walter Brind in hand well and truly paid by the said Thomas Dutton at or before the ensealing and delivery of these presents the receipt whereof is hereby acknowledged for the said Walter Brind HATH Bargained and sold and by these presents DOTH bargain and sell unto the said Thomas Dutton his executors administrators and assignees ALL that one acre of meadow or pasture ground lying and being in the parish of Cricklade St Sampsons in the County of Wilts in a furlong called Water Furlong having the land now or late of Doctor Hodges on the East and the land late of Francis Bristow on the West and also one little ground in Water furlong aforesaid called the further Butts adjoining to the land late of John Lavington shooting on the ....on the south and lying under Broad Leaze hedge on the north and also all that close of meadow or pasture ground lying under the said Broad Leaze hedge in the Water Furlong there called the Mead containing by estimation two acres (be the same more or less) lying between the several closes formerly of one William Turner and abutting upon the highway on the eastand also all that half acre of meadow or pasture ground lying in the same Water Furlong the land late of the said William Turning lying on the east and the land now or late of the said Doctor Hodges on the west and also one other half acre of meadow or pasture ground by estimation lying in the same furlong the lands late in the possession of William Fry on the west and the lands late of the said William Turner on the east and also all that one acre of meadow or pasture ground by estimation lying in the same furlong formerly in the possession of Thomas Lawrence Gentleman and also all those two acres of meadow or pasture ground lying in the said furlong the meadow late of Edward Rutter on the south and the meadow now or late of the said Doctor Hodges on the north and also two acres more lying in the same furlong the meadow of the said Edward Dutton on the south and a meadow late in the occupation of William Fry on the north and also all that meadow or pasture ground commonly called Water Furlong containing by estimation five acres (be the same more or less) a Ground called Broad leaze lying on the south west side and the lands formerly of Thomas Skipperly and Thomas Lawrence on the north east side thereof and also all that one acre of meadow or pasture ground by estimation lying in a meadow or pasture ground formerly in the occupation of John Lawrence Gentleman and shooteth upon the meadow ground before mentioned and also all that one acre of meadow or pasture ground lying next to the highway and adjoining to a meadow or pasture ground called Broad Close and also all that toft or piece of ground whereon a messuage or tenement formerly stood called Woodwards and the close of pasture ground hereunto adjoining and belong called Sheephouse otherwise Shepherds Close containing by estimation four acres (be the same more or less/ All which said lands grounds closes hereditaments and premises are now in the tenure or occupation of the ..... Charles Poulton the younger and Richard Champermocon as tenants to the said Walter Brind their under tenants or assignees and were formerly the estate and inheritance of Henry Brind late Citizen and Goldsmith of London deceased and which upon his death descended and .... to the said Walter Brind as his eldest brother and heir at law together with all and singular out houses buildings meadows pastures floodings commons and common pasture hedges tithes mounds ....trees woods underwoods way paths passages waters watercourses privileges easements rights ....and appurtenances whatsoever to the said several pieces of parcels of land closes hereditaments and premises hereby bargained and sold belong or in any wise appertaining or ....taken or known or held or enjoyed or part parcel or members thereof or of any part thereof and the reversion...and profits thereof or any part and parcel thereof TO HAVE AND TO HOLD the said several pieces or parcels of land closes grounds hereditaments unto the said Thomas Dutton his executors administrators and or intended so to be with their and every of their rights members and appurtenances and all and singular other the premises hereby bargained and sold assigns from the day next before the day of the date of these presents for and during and unto the full and term of one whole year from .... next ensuing and fully to be complete and ended YIELDING AND PANING therefore unto the said Walter Brind his heirs and assignees the rent of one pepper corn only on the last day of the said term if the same shall be lawfully demanded to the intent and purpose that by virtue of these presents and of the statute made for transforming uses into possession the said Thomas Dutton may be in the actual possession of all and singular the said premises hereby bargained and sold and may be hereby enabled to accept and take a grant and release of the reversion and inheritance unto the said Thomas Dutton his heirs and assignees in such manner and for such use intent and purpose as are expressed declared and contained in and by one indenture of release already prepared and intended to bear date the day next after the day of the date of these presents and made or intended to be made between the said Walter Brind and Ann his wife of the one part and Charles Poulton the younger of Cricklade in the County of Wilts Yeoman and the said Thomas Dutton of the other part IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

The document is mysteriously similar to the next document which begins Assigned by the said Henry Coleman.....

The cast: Ann Archer (heir and only daughter of Ann Fletcher),
William Archer, deceased, probably was an administrator of the will of Dame Erule.
John Bridges (of the Strand, wine merchant),
Ann Brind (wife of Walter),
Henry Brind (goldsmith of London),
Francis Bristow,
Eleanor Carter,
Mary Carter (cloth maker of Cricklade),
Thomas Carter, one of the administrators of Dame Erule's will.
also gunsmith Richard Champer....,
Henry Coleman,
Thomas Coleman (a surgeon from Cirencester, brother of Henry),
Joseph Dutton (a salesman of Bray),
Dame Margaret Erule,(deceased)
John Eycott (goldsmith of Cirencester),
Doctor Hodges,
Oliffe Richmond and
William Turner.

The package of documents seems to concern the sale (or lease for 500 years) of land in Water Furlong, Cricklade St Sampsons for £570. The seller is Walter Brind and the purchaser Thomas Dutton, in trust for Charles Poulton. Several other transactions are mentioned. Henry Brind deceased, who married Margaret Carter, has paid £543 13s 6d. Ann Archer, has sold something to Joseph Jones for £358 15s. A sum of £511 5s is also mentioned. To my untutored eye this looks like the detailing of the purchase history of the land because a mortgage from 1743 has been lost. Walter Brind indemnifies Charles Poulton against any losses arising from legal action about the title of the land.

Dated 31st May 1781 Mr Brind--} to }Deed of Covenants Mr Poulton}

Page 1

TO HOLD FROM THENCEFORTH for all the residue and rmeainder of the said several terms in and by the said several recited indetures granted in trust for the said Thomas Coleman his executors administrators and assignees subject to redemption on payment by the said Thomas Carter and William Archer of three hundred and fifty pounds with interest at the rate and in manner herein mentioned AND WHEREAS AS WELL the said sum of three hundred and fifty pounds with interest so secured by the last recited indenture of assignment to the said Dame Margaret Erule have been long since duly paid satisfied and discharged by Henry Brind late citizen and goldsmith of London deceased who intermarried with the said Margaret Carter the sole executrix of the will of the said Dame Margaret Erule and also residuary legatee theein named and who purchased all the said premses assigned in mortgage to (or in trust of for) the said Dame Margaret Erule of William Jacob of Cricklade aforesaid... maker and the said Ann his wife theretofore called Ann Archer spinster by indetures of lease and release bearing date respectively the nineteenth and twentieth days of April one thousand seven hundred and forty eight (1748) AND WHEREAS the said two several terms of five hundred years and five hundred years by indenture bearing date the twenty sixth day of June one thousand seven hundred and eighty (1780) have been assigned by the said Henry Coleman who was the brother and executor of the said thomas Coleman for all the then residues and remainders thereof unto Johh Bridges of the Strand in the liberty of Westminster Wine merchant in trust for the said Walter Brind his heirs and assignees to attend the inheritances of the same heriditaments and premses and by deed poll endowed on the said last mentioned indenture and bearing date with these presents and assigned to Joseph Dutton of Brayaofresaid salesman for all the residues and remainders thereof In trust for the said Charles Poultonthe younger his heirs and assigness In trust to attend the inheritance but no assignment thereof have or hath as yet been made by the personal representative of the said Dame Margaret Erule to any person or persons in order to go with and protect the inheritance of the said premises from all.... charges whatsoever as in and by the said several indentures and will relation being thereunto had will more fully appears AND WHEREAS the said Thomas Carter one of the administrators with the will annexed of the said Dame Margaret Erule deceased as aforesaid is now living having survived the said William Archer and the said Walter Brind hath applied to the said Thomas Carter and requested him to join in an assignment of the said several terms of five hundred years and five hundred years to some person to some person to be nasmed by him In trust to attend the inheritance of the said hereditaments and premises as aforesaid in order to shew that the representatives of the said Dame Margaret Erule were satisfied the remainder of their principal and interest but the said Thomas Carter absolutely refused to join or execute any deed or instructment for the purpose aforesaid although he admits and acquianted the said Charles Poulton the younger who als applied to him for the purpose aforesaid as well personally as otherwise to him for the purpose aforesaid as well personally as otherwise that the whole of the principal and interest secured on the said hereditaments and premises In trust or for the Benefit of the said Dame Margaret Erule her executors administrators and assignees has been long paid satisfied and discharged and that the representatives of the said Dame Margaret Erule deceased had no claim or demand whatsoever on the said hereditaments and premises so purchased by the said Charles Poulton the younger of the said Walter Brind as aforesaid AND the said Walter Brind hath lately conveyed to the said Thomas Carterand his heirs the said tenements with their appurtenances in Cricklade aforesaid particularly mentioned in the will of the said Dame Margaret Erule to have been held by her in mortgage and herein before mentioned in AND WHEREAS upon the most diligent search for the said original recited indenture quadripartite of assignment of Mortgage of the twenty fourth day of March One thousand seven hundred and forty three (1743) the same cannot at present be found nor can any discovery be made what is become thereof and therefore previous to the said recited conveyance of the said pieces or parcels of land hereditaments and premises by and from the said Walter Brind unto and to the use of the said Thomas Dutton his heirs and assignees as aforesaid the said Walter Brind did undertake and agree to save defend keep.. and indemnified as well the said Charles Poulton the younger his heirs executors administrators and assignees as the same pieces or parcels of land hereditaments and premises and every part thereof or from and against the said recited identure in quadripartite of assingment of mortage and all principal monies and interest which at any time hereafter shall appear or be claimed or pretended to be due thereupon or by virtue thereof and of from and against all suits commended or to be commenced or brought on account thereof and all costs charged damages and expenses to be sustained or occasioned thereby in manner hereinafter mentioned NOW THIS INDENTURE WITNESSETH that in pursuance of the said last recited undertaking and agreement and in consideration of the presmises he the said Walter Brind doth

hereby for himself his heirs executors and administrators covenant promise and agree to and with the said Charles Poulton the Younger and his heirs and assignees that he the said Walter Brind his heirs executors and administrators or some of them shall and will from time to time and at all times hereafter save defend keep harmless and indemnifies as well him the said Charles Poulton the younger his heirs executors and administrators and assignees and every part thereof of from and against the sadi aforesaid and every part thereof of from and against the said recited identure quadripartite of assisgnment of mortgage and all... assignment or ... assignments made or pretended to be made thereof except the said several assignments made of the same by the afrementioned indenture of the twenty sixth day of June one thousand seven hundred and eighty (1780) and the said deed poll bearing even date herewith and also of from and account all prinicpal .. and interest which at any time hereafter shall appear to be out or owing or which shall be claimed or pretened to be due or owing unto the executors administrators creditors or assignees of the said Dame Margaret Erule or any person or persons whomsoever upon or by virtue of or under the said indenture quadripartite of assignment or mortgage or any assignment or assignments thereof except as aforesaid and also of from and against all action or actions suit or suits entries ejectments evictions claims and demands whatsoever already has made commenced brought or prosecute or hereafter to be had made commenced brought or prosecuted by the said executors administrators creditors or assignees of the said Dame Margaret Erule or any other person or persons whomsoever claiming or devising or pretending to claim or devise any estate tithe or interest at law or in equity or into or out of the said pieces or parcels of lands heriditaments and premises or any of them or any part thereof by virtue of or under the said indenture by virtue of or under the said indenture quadripartite of assignment of mortage or any ... assignment or assignments thereof except as aforesaid and of from and against all costs charges damages and expenses which he the said charles Poulton the younger his heirs executors administrators and assignees or any of them shall account or any such action or actions suit or suits trial entry ejection eviction claim or demand as aforesaid IN WITNESS whereof the said parties of these present have hereunto set their hands and seals the day and year first above written.

Walter Brind
Charles Poulton Jnr

Page 2

This indenture made the thirty first day of May in the twenty first year of the reign of our sovereign Lord George the third by the Grace of God of Great Britain France and Ireland King Defender of the faith ... and in the year of our Lord on thousand seven hundred and eighty one (1781) Between Walter Brind of Foster Lane in the City of London Goldsmith of the one part and Charles Poulton the younger of Cricklade in the county of Wilts Yeoman of the other part Whereas the said Walter Brind hath sold the freehold and inheritance of certain pieces or parcels of lands hereditaments and premises situate lying and being in the parish of Cricklade Saint Sampsons and Chelworth in the said County of Wilts to the said Charles Poulton the younger at or for the price or sum of five hundred and seventy pounds and accordingly by indentures of lease and release the lease bearing date the day next before and the said release bearing date herewith and made or expressed to be made between the said Walter Brind and Ann his wife of the one part and the said Charles Poulton the younger and Thomas Dutton of Bray in the county of Berks salesman of the other part and fine therein covenanted to be levied and which has accordingly been levied the same pieces or parcels of land hereditaments and premises in Cricklade Saint Sampsons and Chelworth aforesaid in the said indentures particularly mentioned and described with their appurtenance have for the considerations therein mentioned been granted and released by the said Walter Brind unto the said Thomas Dutton his heirs and assignees In trust for the said Charles Poulton the younger his heirs and assignees for ever And Whereas by indenture bearing date the first day of July one thousand seven hundred and twenty nine (1729) and made between Ann Archer of Cricklade aforesaid widow of the one part and Joseph Jones of Cirencester in the County of Gloucester Gentleman of the other part. It was witnessed that in consideration of the sum of three hundred and fifty pounds in the same indenture mentioned to be paid to the said Ann Archer by the said Joseph Jones the said Ann Archer Did grant bargain sell and devise {among other premises} the said several pieces of parcels of land hereditaments and premises unto the said Joseph Jones his executors administrators and assignees to hold from thenceforth for the term of five hundred years without impeachment of waste by way of mortgage subject to a proviso to be void on payment of three hundred and fifty eight pounds fifteen shillings in manner therein mentioned And whereas by one other indenture bearing date the eighteenth day of April one thousand seven hundred and thirty three (1733) and made between Joseph Fletcher of Cricklade aforesaid Baker and the said Ann his wife then late Ann Archer widow of the one art and John Eycot of Cirencester aforesaid Goldsmith sole executor of the last will and testament of the said Joseph Jones deceased of the other part Reciting as therein is recited and that the said sum of three hundred and fifty eight pounds a fifteen shilling was not paid according to the proviso in the last indenture mentioned but that all interest due thereon had been paid It was witnessed that in consideration of the sum of one hundred and fifty pounds to the said Joseph Fletcher and Ann his wife paid by the said John Eycot they did grant bargain sell and confirm the said hereditaments and premises unto the said John Eycott his executors administrators and assignees to hold from the date thereof for the term of five hundred years without impeachment of waste subject to redemption or payment of five hundred and eleven pounds five shillings as therein mentioned And whereas by one other indenture bearing date the twenty seventh day of March one thousand seven hundred and thirty five (1735) and made between the said John Eycott of the first part Dame Margaret Erule of Conock in the County of Wilts widow of the second part and Oliffe Richmond of Ashton Keynes in the said county esquire of the third part reciting as therein is recited It was Witnessed that in consideration of the sum of five hundred and forty three pounds thirteen shillings and sixpence to the said John Eycott in hand paid by the said (Dame) Margaret Erule and for other considerations be the said John Eycott at her request and direction did bargain sell assign and set over all the said hereditaments and premises with their appurtenances (unto) the said Oliffe Richmond his executors administrators and assignees to hold from thenceforth for all the residues of the said several terms of five hundred years and five hundred years In trust for the said Dame Margaret Erule her executors administrators and assignees subject to redemption upon payment of five hundred and forty three pounds thirteen shillings and six pence and interest in manner therein mentioned by Ann Archer spinster only daughter and heir of the said Ann Fletcher deceased And whereas the said Dame Margaret Erule in and by the last will and testament in writing duly executed bearing date on or about the first day of September one thousand seven hundred and thirty six (1736) after giving divers pecuniary legacies gave to her heir Eleanor Carter wife of Thomas Carter of Cricklade all that tenement or dwelling house he then lived in which said tenement with the estate thereunto belonging she then held by a mortgage and if it should happen that the mortgage be paid off she then gave to the said Eleanor Carter out of the mortgage money two hundred pounds for the term of her life and after her decease she willed the two hundred pounds to be divided by equal portions amongst her younger children and if the mortgage did not happen to be paid off then she willed that the younger children should after her decease have all an equal right in the house and she also willed another dwelling house in Cricklade aforesaid to certain persons therein name for their

habitation which house was also part of the estate held by mortgage for the time the mortgage money should remain unpaid and whenever the mortgage should be paid off then she gave out of the money so paid forty pounds as therein also mentioned and appointed Margaret Carter an infant whole and sole executrix and also residuary legatee and because the said Margaret was then an infant she did appoint her father the said Thomas Carter and her uncle William Archer her Guardians and did empower them to prove her will and shortly afterwards died without revoking or altering her said will and the said Thomas Carter and William Archer took out letters of administration with the said will annexed out of the proper Ecclesiastical Court during the minority and for the benefit and advantage of the said Margaret Carter the executrix And whereas by indenture Quadripartite bearing date on or about the twenty fourth day of March one thousand seven hundred and forty three (1743) and made between the said Oliffe Richmond of the first part the said Thomas Carter and William Archer and the said Ann Archer spinster of the second part Thomas Coleman of Cirencester aforesaid surgeon of the third part and Henry Coleman of Highworth in the County of Wilts .....of the fourth part reciting as therein is recited And also reciting in part the will of the said Dame Margaret Erule and that the said Thomas Coleman at the request of the said Ann Archer who was entitled to the equity of Redemption of the said premises had on the day of the date thereof advanced and lent unto the said Thomas Carter and William Archer three hundred and fifty pounds for the use of the said Margaret Carter and that it had been agreed that all the said mortgaged premises should be assigned as a collateral security for the repayment thereof It was witnessed that in consideration of the said agreement and of the said sum of three hundred and fifty pounds to the said Thomas Carter & William Archer bond by the said Thomas Coleman then the said Thomas Carter William Archer) and Oliffe Richmond by the direction of the said Ann Archer and at the nomination of the said Thomas Coleman did bargain sell assign and over all the said hereditaments and promises unto the said Henry Coleman his executors and administrators and assignees.

Dated 31st May 1781

Mr Brind and wife }

to } Release with covenant

Mr Thomas Dutton } to levy a fine of land

In trust for Mr } in Cricklade, Com Wilts

Charles Poulton Jnr? }

374/503

Page 1 374/503

Assigned by the said Henry Coleman who was the brother and also the executor of the said Thomas Coleman then deceased for all the residues hereof unto John Bridges of the Strand in the liberty of Westminster wine merchant his executors administrators and assigns in trust for the said Walter Brind his heirs and assigns to attend the freehold and inheritance of the same hereditament and premises and which by deed poll bearing even date with these presents and endowed on the said last mentioned indenture are assigned by the said John Bridges unto Joseph Dutton of Bray aforesaid salesman his executors administrators and assigns In trust for the said Charles Poulton the younger his heirs and assigns to attend the inheritance of the said hereditaments and premises #hereby granted and released AND WHEREAS the whole of the said sum of five hundred and forty three pounds, thirteen shillings and six pence and interest have been long since duly paid satisfied and discharged but as assignment of the said several and respective term or the residues thereof have or hath as yet been made or executed by the personal representative of the said Dame Margaret Erule to any person or persons in order to go with and protect the inheritance of the said hereditaments and premises from all .... charges and incumbrances whatsoever FROM THIS INDENTURE FURTHER WITNESSETH that in consideration of the premises the said Walter Brind for himself his heir executors and administrators doth covenant promise and agree to and with the said Charles Poulton the younger his heirs and assigns that the said Walter Brind his heirs executors and administrators shall and will at the request of the said Charles Poulton the younger his heirs or assignees but at the costs and charges of the said Walter Brind his heirs executors or administrators if occasion shall or may require as procure or cause to be procured from the proper personal representative of the said Dame Margaret Ecult deceased so far as such personal representative can or lawfully may on assignment of the said several terms of five hundred years and five hundred unto some person or persons to be named by the said Charles Poulton the younger his heirs or assignees In Trust for the said Charles Poulton the younger his heirs and assignees to the end and intent that the same may attend and wait upon the freehold and inheritance of the said hereditaments and premises herein before granted and released in order to protect the same from all ..... encumbrances if any such there be and it is declared and agreed between all the said parties hereto and it is the true intent and meaning of them and of these presents that until such assignment as aforesaid such personal representative shall from henceforth stand possessed of the residue of the said several terms so far as relate thereto in trust for the said Charles Poulton the younger his heirs and assignees to attend the inheritance of the said premises for the intent and purpose aforesaid And whereas certain indentures of lease and release bearing date respectively the eighth and ninth days of December in the year of our Lord on thousand seven hundred and seventy seven (1777) and both of them made between Thomas Carter the older of Cricklade in the County of Wilts Gunsmith Eleanor Carter of the same place spinster daughter of the said Thomas Carter and William Carter the only child of the said Eleanor Carter late an infant but then of the age of twenty one years of the one part and the said Walter Brind of the other part so concern and relate to not only the title of the said several pieces or parcels of land hereditaments and premises herein before mentioned to be hereby let granted and released or intended so to be but also the title to divers messuages lands tenements and hereditaments in the said County of Wilts the estate and inheritance of the said Walter Brind And it hath been agreed by and between the said Charles Poulton the younger and the said Walter Brind that the said indentures of lease and release shall remain continue and be in the hands and custody of the said Walter Brind his heirs or assignees but to be by him and them produced for the use and benefit of the said Charles Poulton the younger his heirs and assignees and occasion shall or may require in such manner as hereinafter mentioned. Now this indenture also further witnesseth that in pursuance of the said recited agreements and in consideration of the premises he the said Walter Brind for himself his heirs executors administrators and assignees doth hereby covenant promise and agree to and with the said Charles Poulton the younger his heirs and assignees that he the said Walter Brind his heir executors administrators or assignees or some of them shall and will from time to time and at any time or times hereafter upon every reasonable request and at the proper expenses costs and charges of the said Charles Poulton the younger his heirs or assignees unless hindered or prevented by .... or other inevitable accident) produce and show forth or cause or procure(?) to be produced and thence forth who the said Charles Poulton the younger his heirs or assignees or any trial or hearing in any court of law or equity or upon the examination of witnesses or upon the execution of any commission for the examination of witnesses in order to be proved or to any counsel agent attorney or solicitor or otherwise as occasion shall be or require the said indentures of lease and release of the eighth and ninth days of December one thousand seven hundred and seventy seven (1777) for the better evidencing proving maintaining and defending the right title and interest of the said Charles Poulton the younger his heirs and assignees of in and unto the said

several pieces or parcels of land hereditaments and premises herein before mentioned to be hereby granted and released or intended so to be in trust as aforesaid or of in or unto any part or parcel thereof he the said Walter Brind his heirs and assignees having reasonable and sufficient security from the said Charles Poulton the younger his heirs or assignees for the return of the said deeds to him and then when and as soon as the several purposes for which the same shall be so produced shall be completed and performed and shall in the mean time keep and preserve the said deeds safe whole uncancelled and undefaced / all losses damages by fire or other inevitable accidents as aforesaid only excepted In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

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MAKE void or determine the name And also that for and not withstanding such .... matter deed or thing as aforesaid he the said Walter Brind now hath in himself good right full power and lawful and absolute authority to grant release and convey the said several pieces or parcels of land hereditaments and premises with their and every of their appurtenances unto and to the use of the said Thomas Dutton his heirs and assignees in trust for the said Charles Poulton the younger in manner aforesaid according to the true intent and meaning of these present And further that it shall and may be lawful to and for the said Charles Poulton the younger his heirs and assignees or the said Thomas Dutton his heirs or assignees In trust as aforesaid from time to time and at all times hereafter peaceably and quietly to enter into have hold .... possess and enjoy the said several pieces or parcels of land hereditaments and premises and to receive and take the rents issues and profits thereof to and for the proper use and benefit of the said Charles Poulton the younger his heirs and assignees without the lawful let suit trouble denial eviction or interruption of or by the said Walter Brind his heirs or assignees or of or by any other person or persons lawfully claiming or to claim by from or under or in trust from him or them or by from or under the said Henry Brind deceased and that free and clear and freely and clearly acquitted in exonerated and for every discharged or otherwise by the said Walter Brind his heirs executors or administrators from time to time and at all times hereafter well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of former and other gifts grants bargains sales leases mortgages assignments or transfer of mortgages and particularly against any claim or demand of and from the person...............of .....................late of Co...? in the County of Wilts widow deceased ..... dowers right and title of dower uses trusts wills ... statutes merchant and of the staple recognisance judgements rents and arrears of rent debts due to the King's Majesty and of from and against all other estates titles troubles liens burdens charges and all encumbrances whatsoever had made some executed committed occasioned or suffered by him the said Walter Brind or the said Henry Brind deceased or by any other person or persons lawfully claiming or to claim by from or under or in trust for him them or either of them save and except the two several terms of five

hundred years and five hundred years herein after more particularly mentioned And Moreover that the said Walter Brind and his heirs and all and every other person or persons whomsoever having or lawfully claiming or who shall or may have or lawfully claim challenge or demand any estate right title trust or interest at law or in equity of in and to or out of the said several pieces or parcels of land hereditaments and premises herein before mentioned to be hereby granted and released or intended so to be or any part thereof by from or under or in trust for him or them or the said Henry Brind deceased shall and will from time to time and at any time hereafter the space of twenty years now next ensuing at and upon the reasonable request and at the proper costs and charges in the law of the said Charles Poulton the younger his heirs and assignees make do acknowledge levy suffer and execute or cause or procure to be made done acknowledged levied suffered and executed all and every such further and other lawful and reasonable acts deeds and things devices conveyances and assurances in the law whatsoever be the same by fine ........ Common Recovery or otherwise howsoever for the further and better more perfect and absolute granting conveying and assuring of the said several pieces or parcels of land hereditaments and premises with their and every of their appurtenances unto and to the use of the said Charles Poulton the younger his heirs and assignees or the said Thomas Dutton his heir and assignees in trust for the said Charles Poulton the younger his heirs or assignees as by the said Charles Poulton the younger his heirs or assignees or his or their counsel learned in the law shall be reasonably advised devised or required so as such further or other conveyances or assurances shall not contain or imply any other warranty or covenant than against the person or persons so required to execute the same his her and their heirs and so as the party or parties required to do the same be not compelled or compellable to go or travel from his her or their usual place of abode for the making and doing thereof And Whereas two several terms of five hundred years and five hundred years were created of and ... several pieces or parcels of land hereditament and .................. bearing date respectively the first day of July one thousand seven hundred and twenty nine (1729) and the eighteenth day of April one thousand seven hundred and thirty three (1733) for securing unto Joseph Jones of Cirencester in the County of Gloucester Gentleman and to his executor John Eycott of Cirencester aforesaid Goldsmith in the whole the principal sum of five hundred pounds and interest and which said several items were by indenture bearing date the twenty seventh day of March one thousand seven hundred and thirty five (1735) assigned by the said John Eycott in trust for the said Dame Margaret Erule her executors administrators and assignees for securing unto her and them the principal sum of five hundred and forty three pounds thirteen shillings and six pence and interest and which after her death wast by indenture quadripartite bearing date on or about the twenty fourth day of March one thousand seven hundred and forty three (1743) assigned and set over unto Henry Coleman of Highworth in the County of Wilts .... In trust for Thomas Coleman of Cirencester aforesaid surgeon his executors administrators and assignees for securing unto him and then the principal sum of three hundred and fifty pounds and interest subject to redemption on payments as therein mentioned by Thomas Carter of Cricklade aforesaid cloth maker and William Arthur of the same place yeoman administrators with annexed(?) of the said Dame Margaret Erule during the minority and for the benefit of Margaret Carter the sole and only Executrix of the said will and also residuary .... therein named while the said Margaret Carter afterward intermarried with the said Henry Brind and is since dead intestate and while said several ... afterwards .... bearing date 26 day of June 1781.

Hereditament and premises are now in the tenure or occupation of the said Charles Poulton the younger and Richard Champer... as tenants to the said Walter Brind their undertenants or assignees and were formerly the estate and inheritance of Henry Brind late citizen and Goldsmith of London deceased and which upon the death descended and cause to the said Walter Brind as his eldest brother and heir at law together with all and singular outhouses building meadows pastures seeding commons and common of pasture hedges ditches mounds fences trees woods underwoods way paths passages waters watercourses privileges easements rights members and appurtenances whatsoever to the said several pieces of parcels of land closes hereditaments and premises hereby granted and released belong or in any wise appertaining or secured taken or known or held or enjoyed as part parcel or member thereof or of any part thereof and the reversion and reversion remainder and remainders rents issues and profits thereof and of every part and parcels thereof and all the estate right title interest use trust possession property

benefit claim and demand whatsoever both at law and in equity of him the said Walter Brind of in to or out of the same premises or any part thereof and all deed evidences documents and writing whatsoever touching or concerning the said premises hereby granted and released or intended so to be only or only any part thereof as is in the custody possession or power of the said Walter Brind or which he ........ suit at law or in equity together with true and attested copies of all such other deeds evidences and writings as do concern the said premises or any part thereof jointly ....together with any other hereditaments and premises such copies as are now delivered to be made and attested at the costs and charges of the said Walter Brind his heirs or assignees and all future copies to be made and attested at the costs and charges of the said Charles Poulton the younger his heirs or assignees To have and to hold the said several pieces or parcels of land closes grounds hereditaments and all and singular other the premises in hereby granted and released or intended so to be with their and every of their rights members and appurtenances unto the said Thomas Dutton his heirs and assignees To the only proper use and behoof of the said Thomas Dutton his heirs and assignees In Trust nevertheless for the said Charles Poulton the younger his heirs and assignees for ever and to be from time to time conveyed and disposed of as he or they shall direct and appoint and to for and upon as other use and trust or purpose whatsoever And the said Walter Brind doth hereby for himself and the said Ann his wife and his heirs covenants promise grant and agree to and with the said Charles Poulton the younger and his heirs that they the said Walter Brind and Ann his wife shall and will at the costs and charges of the said Walter Brind as of last Easter Term acknowledge and levy before his Majesty's Justices of the Court of Common Pleas at Westminster one or more fine or fines Sur Comvance de droit come ceo u whereupon proclamations shall and may be had and made according to the form of the statute in that case made and provided and the usual course for levying of fines in such cases accustomed unto the said Charles Poulton the younger and Thomas Dutton and the heir of the said Charles Poulton the younger of the said several pieces of parcels of land hereditaments and premises herein before mentioned to be hereby granted and released or intended so to be with their and every of their rights members and appurtenances by such apt and convenient names quantities qualities number of acres and other descriptions to ascertain the same as shall be thought meet and requisite in that behalf which said fine or fines so as aforesaid or in any other manner or at any other time or times levied or to be levied and acknowledged and all and every other fine and fine Common Recovery and common recoveries conveyances and assurances in the law whatsoever heretofore has made levied acknowledge executed and suffered or hereafter to be had made levied acknowledged executed or suffered of the same several pieces or parcels of land hereditaments and premises or any part thereof by or between the said parties to these presents or any of them or where unto they or any of them is are shall or may be parties or privies or party or privy shall be and ... and shall be adjudged(?) decided ............................ to be and secure(?) and are hereby declared and agreed by and between the said parties to these presents for them and their heirs respectively to be secure(?) to the use and behoof of the said Charles Poulton the younger and Thomas Dutton and the heirs and assignees of the said Thomas Dutton In Trust as to the estate and interest of the said Thomas Dutton and his heirs for the said Charles Poulton the younger his heirs and assignees for ever and to and for as other two trust intent or purpose whatsoever And the said Walter Brind for himself his heirs executors and administrators doth covenant promise and agree to and with the said Charles Poulton the younger his heirs and assignees by these presents in manner following that is to say that for and not withstanding any let matter deed of thing whatsoever by him the said Walter Brind or the said Henry Brind his late brother deceased of any other person or persons lawfully claiming or to claim by from or ....in trust for them or either of them made done executed committed wittingly or willingly suffered to the contrary he the said Walter Brind ... sealing and delivery of these presents is lawfully rightfully and absolutely seized of an in or well and sufficiently entitled unto the said several pieces of parcels of lands inheritance and premises hereby granted and released or mentioned or intended so to be with their and every of appurtenances of a good and perfect absolute indefeasible estate of inheritance in fee simple in possession without any manner of condition contingent proviso power of revocation limitation of ... or other use or uses or any other act restraint matter of thing whatsoever hereby to defeat or alter......

WRO 374/503

Page 4

This Indenture made the thirty first day of May in the twenty first years of the reign of our sovereign Lord George the Third by the Grace of God of Great Britain Frances and ireland King Defender of the Faith ... and in the year of our Lord one thousand seven hundred and eighty one (1781) Between Walter Brind of Foster Lane in the City of London Goldsmith and Ann his wife of the one part and Charles Poulton the younger of Cricklade in the County of Wilts yeoman and Thomas Dutton of Bray in the County of Berks Salesman(?) of the other part Whereas the said Charles Poulton the younger hath contracted and agreed with the said Walter Brind for the absolute purchase of the several pieces or parcels of land hereditaments and premises hereinafter particularly mentioned and intended to be granted and released and the fee simple and inheritance thereof free from all encumbrances at or for the price of five hundred and seventy proceeds now this indenture witnesseth that for and in consideration of this sum of five hundred and seventy pounds of lawful money of Great Britain to the said Walter Brind in hand at or before the sealing and delivery of these presents well and truly paid by the said Charles Poulton the younger in full for the absolute purchase of the premises so contracted as afore said and herein after mentioned to be hereby granted and released and the fee simple and inheritance thereof as afore said the receipt of which said sum of five hundred and seventy pounds he the said Walter Brind doth hereby acknowledge and of and from the same and every part thereof doth acquit release and discharge the said Charles Poulton the younger and heirs executors and administrators and every of them for ever by these presents and also for and in consideration of the sum of ten shillings of like lawful money to him the said Walter Brind in hand well and truly paid by the said Thomas Dutton at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged he the said Walter Brind (at the request and by the direction and appointment of the said Charles Poulton the younger testified by his being made a party to and executing these presents) Hath granted bargained sold aliened released and confirmed and by these presents Doth grant bargain sell alien release and confirm unto the said Thomas Dutton in his actual possession now being by virtue of a bargain and sale to him thereof made by the said Walter Brind in consideration of five shillings by indenture bearing date the day next before the day of the date of these presents for the term of one whole year commencing from the day next before the day of the date of the said indenture and by force of the statute made for transferring of uses into possession) his heirs and assignees All that one acre of meadow or pasture ground lying and being in the parish of Cricklade Saint Sampsons in the County of Wilts in a furlong called Water Furlong having the land now or late of Doctor Hodges or the east and the land late of Francis Bristow on the west and also one little ground in Water Furlong aforesaid called the further Butts adjoining to the lane late of John Lavington shooting on the lane on the south and lying under Broad Leaze hedge on the North and also all that close of meadow or pasture ground lying under the said Broad Leaze hedge in the Water Furlong there called the mead containing by estimation two acres (be the same more or less) lying between the several closes formerly of one William Turner and abutting upon the highway on the east and also all that half acre of meadow or pasture ground lying in the same Water Furlong this land late of the said William Turner lying on the east and the land now or late of the said Doctor Hodges on the west and also one other half acre of meadow or pasture ground by estimation lying in the same furlong the lands late in the possession of William Fry on the

west and the lands late of the said William Turner on the east and also all that one acre of meadow or pasture ground by estimation lying in the same furlong formerly in the possession of Thomas Lawrence Gentleman and also all those two acres of meadow or pasture ground lying in the said furlong the meadows late of Edward Rutter on the south and the meadow now or late of the said Doctor Hodges on the north and also two acres more lying in the same furlong the meadow of the said Edward Rutter on the south and a meadow late in the occupation of William Fry on the north and also all that meadow or pasture ground commonly called Water Furlong containing by estimation five acres be the same more or less) a ground called Broad Leaze lyingon the south west side and the lands formerly of Thomas Hippesley and Thomas Lawrence on the north east side thereof and also all that one acre of meadow or pasture ground by estimation lying in a meadow or pasture ground formerly in the occupation of John Lawrence Gentleman and shooteth upon the meadow ground before mentioned and also all that one acre of meadow or pasture ground lying next to the highway and adjoining to a meadow or pasture ground called Broad Close and also all that toft or piece of ground whereon a messuage or tenement formerly stood called woodwards and the close of pasture ground thereunto adjoining and belonging called Sheephouse otherwise Shepherds Close containing by estimation four acres (be the same more or less) all which said lands grounds closes

The indenture records the sale of the Malthouse in Westrop, Highworth, a yard of ground and an allotment of 23 perches of land. Hussey evidently already owned an adjoining piece of land. Interestingly this was before the will above had been administered.

1> This indenture made the twenty fifth day of June xnx in the twenty seventh year of the reign of 2>our sovereign Lord George the third by the Grace of God of Great Britain, France and Ireland King Defender of the faith 3>and so forth and in the year of our Lord one thousand seven hundred and eight seven BETWEEN Walter Brind 4> of Foster Lane, Cheapside in the City of London Goldsmith Elder brother and heir at law of Henry Brind formerly of Foster 5> Lane aforesaid silversmith but late of Highworth in the County of Wilts Gentleman who died intestate and Ann Brind wife 6> of him the said Walter Brind of the one part and William Hussey of Salisbury in the said County of Wilts Esquire of the 7> other part witnesseth that for and in consideration of the sum of five shillings each of lawful money of Great Britain 8> to them the said Walter Brind and Ann his wife in hand well and truly paid by the said William Hussey at or before the 9> sealing and delivery of these presents the receipt whereof is hereby acknowledged and for other good causes and considerations 10> They the said Walter Brind and Ann his wife HAVE and each of them HATH granted bargained and sold by these 11> presents DO and each of them DOTH grant bargain and sell unto the said William Hussey his Executors administrators and 12> assigns ALL THAT messuage or tenement with the malthouse and other houses thereunto belonging situate lying and being in 13> Westrop in the parish of Highworth aforesaid in the said County of Wilts together with the backside and garden ground thereunto 14> adjoining and belonging containing by estimation one yard of ground (be the same more or less) late in the occupation of Luarneford 15> widow and her under tenants suice of Richard Saunders and his under tenants and late of Walter Edwards AND ALSO ALL THAT 16> allotment piece or parcel of land containing by admeasurement twenty three perches situate lying and being in Westrop aforesaid bounded on the 17> East by the said messuage or tenement hereby bargained and sold or expressed or intended so to be on the south by a garden in Westrop aforesaid 18>belonging to the said William Hussey and on the west and north by an allotment of land belonging to the said William Hussey which said allotment 19> piece or parcel of land was late in the occupation of the said Richard Saunders and suice of the said Walter Edwards and allotted and awarded to the 20> said Walter Brind under the act of Parliament lately made and passed entitled "An Act for dividing and enclosing certain open and common 21> Fields Common meadows common pastures and other commonable and waste lands within the parish of Highworth in the County of Wilts" and 22> in lieu of certain other lands late of him the said Walter Brind lying and being in Westrop aforesaid and also all other the messuages lands 23> tenements and hereditaments whatsover of him the said Walter Brind situate lying and being in Westrop in the parish of Highworth aforesaid AND 24> also all houses out houses barns stables buildings courts yards gardens outlets orchards trees mounds fences ways waters watercourses easements 25> commodities advantage emoluments hereditaments and appurtenances whatsoever to the said messuage or tenement malthouse allotment or said 26> hereditaments and premises hereby bargained and sold or expressed or intended so to be or any part thereof belonging or in any wise appertaining or 27> accepted reputed taken or known as part parcel or member thereof or of any part thereof and the reversion and reversions remainder and 28> remainders yearly and other rents issues and profits thereof and of every part and and parcel thereof TO HAVE AND TO HOLD the said messuage 29> tenement malthouse allotment of land hereditament and all singular other the premises hereby bargained and sold or expressed or intended so 30> to be with the appurtenances thereunto belonging unto the said William Hussey his executors administrators and assigns from the day next before the day of 31> the date of these presents for and during and under the full end and term of one whole year from the thence next ensuing and fully to be complete 32> and ended YIELDING AND PAYING therefore at the end of the said term unto the said Walter Brind his heirs and assigns the 33> rent of one pepper corn (if the same shall be lawfully demanded) to the intent and purpose nevertheless that by virtue of these 34> presents and by force of the statute made for transferring of uses into possession the said William Hussey may be in the actual 35> possession of all and singular the said premises hereby bargained and sold or mentioned or intended to be hereby bargained 36> and sold with their and every of their appurtenances and may be thereby enabled to take and accept of a good and sufficient grant release 37> and confirmation of the same to him and his heirs IN WITNESS whereof the said parties to these present have hereunto set their hands 38> and seals the day and year first above written Walter Brind Ann Brind

Know all men by these presents that I Walter Brind of Foster Lane, Cheapside in the City of London Goldsmith am held firmly bound unto William Hussey of Salisbury in the County of Wilts Esquire in two hundred pounds of lawful money of Great Britain to be paid to the said William Hussey or his certain Attorney Executor Administrators or Assigns for which payment to be well and faithfully made I bind myself my heirs executors and administrators firmly by these presents sealed with my seal dated the twenty sixth day of June in the twenty seventh year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain France and Ireland King Defender of the faith and so forth in the year of our Lord one thousand seven hundred and eighty seven.

Whereas the above bound Walter Brind and Ann his wife have by indentures of lease and release bearing date respectively the day next before and the day of the date of these presents for the consideration in the said indenture of release mentioned granted bargained sold and conveyed unto and to the use of the said William Hussey his heirs and assigns for ever all that messuage or tenement with the malthouse and other houses thereunto belonging situate lying and being in Westrop in the parish of Highworth in the said County of Wilts together with the backside and garden ground thereunto adjoining and belonging containing by estimate one yard of ground (be the same more or less) late in the occupation of Warneford Widow and her under tenants .... of Richard Saunders and his under tenants and late of Walter Edwards and also all that allotment piece or parcel of land containing by admeasurement twenty three perches situate lying and being in Westrop aforesaid bounded on the east by the said messuage or tenement on the south by a garden in Westrop aforesaid belonging to the said William Hussey and on the west and north by an allotment of land belonging to the said William Hussey which said allotment piece or parcel of land was late in the occupation of the said Richard Saunders and since of the said Walter Edwards and allotted and awarded to the said Walter Brind under the Act of Parliament lately made and passed entitled "An Act for dividing and enclosing certain open and common fields common meadows common pastures and other commonable and waste lands within the parish of Highworth in the County of Wilts" and in heir of certain other lands late of him the said Walter Brind lying and being in WEstrop aforesaid and also all other the messuage lands tenements and hereditaments whatsoever of him the said Walter Brind situate lying and being in Westrop in the parish of Highworth aforesaid with the appurtenances as in and by the said indentures relation being thereunto had may more freely appear NOW THE CONDITION of their obligation is such that if the said William Hussey his heirs and assigns shall and do from time to time and at all times hereafter peaceably and quietly have hold occupy possess and enjoy all and singular the said messuage lands tenements hereditaments and premises mentioned and comprised in the said recited indentures of lease and release with their and every of their appurtenances and receive and take the rents issues and profits thereof and of every part thereof without any lawful let suit trouble claim or demand whatsoever of or by the said Ann the wife of the said Walter Brind or any other person or persons by or through her means Act privity right of procurement of for or in respect of the dower or thirds right or title of power or thirds by the common law of England or other right or lawful claim or demand whatsoever which she the said Ann shall or may have or claim of in to or out of the said messuage lands and premises or any part thereof then this obligation to be void and of no effect whatsoever.

Sealed and delivered (being first duly stamped) in the presence of

Elizabeth Brind
Walter Brind
James Hague

The indenture records the sale of the Malthouse in Westrop, Highworth, a yard of ground and an allotment of 23 perches of land. Hussey evidently already owned an adjoining piece of land for £185. Interestingly this was before the will above had been administered.

1> This indenture made the twenty sixth day of June xnx in the twenty seventh year of the reign of our sovereign Lord George the third by 2> the Grace of God of Great Britain, France and Ireland King Defender of the faith and so forth and in the year of 3> our Lord one thousand seven hundred and eight seven BETWEEN Walter Brind of Foster Lane, Cheapside in 4> the City of London Goldsmith Elder brother and heir at law of Henry Brind formerly of Foster Lane aforesaid silversmith but late of Highworth in the County 5> of Wilts Gentleman who died intestate and Ann Brind wife of him the said Walter Brind of the one part and William Hussey of Salisbury in the said County of 6> Wilts Esquire of the other part WHEREAS the said William Hussey hath covenanted and agreed with the said Walter Brind for the absolute purchase of the fee 7> simple and inheritance in possession of the messuage or tenement malthouse allotment of land hereditaments and premises herein after particularly mentioned and 8> intended to be hereby granted and released with their and every of their rights members and appurtenances at of for the price or sum of one hundred and eighty five 9> pounds FROM THIS INDENTURE WITNESSETH that in pursuance of the said written agreement and for and in consideration of the sum of one hundred 10> and eighty five pounds of lawful money of Great Britain to the said Walter Brind in hand well and truly paid by the said William Hussey at or before the sealing and 11> delivery of these presents the receipt of which said sum of one hundred and eighty five pounds (being in full for the absolute purchase of the fee simple and inheritance 12> in possession of and in the said messuage or tenement malthouse allotment of land hereditaments and premises herein after granted released and conveyed or intended 13> so to be with their appurtenances) he the said Walter Brind doth hereby acknowledge and thereof and of and from every part and parcel thereof doth absolutely acquit release 14> and for ever discharge the said William Hussey his heirs executors administrators and assigns and every of them by these presents. They the said Walter Brind and Ann his wife 15> HAVE and each of them HATH granted bargained sold aliened released and confirmed and by these presents DO and each of them DOTH grant bargain sell alien 16> release and confirm unto the said William Hussey in his actual possession now being by virtue of a bargain and sale to him made thereof by the said Walter Brind and 17> Ann his wife in consideration of five shillings each by indenture bearing oath the day next before the day of the date of these presents for the term of one whole year commencing 18> from the day next before the day of the date of the same indenture of bargain and sale and by force of the statute made for transferring of uses into possession) and to 19> his heirs. ALL THAT messuage or tenement with the malthouse and other houses thereunto belonging situate lying and being in Westrop in the parish of Highworth 20> aforesaid in the said County of Wilts Together with the backside and garden ground thereunto adjoining and belonging containing by estimation one yard of ground 21> be the same (more or less) late in the occupation of Wameford widow and her under tenants suice of Richard Saunders and his under tenants and late of Walter 22> Edwards. AND ALSO ALL THAT allotment piece or parcel of land containing by admeasurement twenty three perches situate lying and being in Westrop aforesaid 23> bounded on the east by the said messuage or tenement hereby granted and released or expressed or intended so to be, on the south by a garden in westrop aforesaid belonging 24> to the said William Hussey and on the west and north by an allotment of land belonging to the said William Hussey-- which said allotment piece or parcel of land was 25> late in the occupation of this said Richard Saunders and suice of the said Walter Edwards and allotted and awarded to the said Walter Brind under the Act of Parliament 26> lately made and passed entitled "An Act for dividing and enclosing certain open and common fields common meadows common pastures and other commonable and waste 27> lands within the parish of Highworth in the County of Wilts" and in lieu of certain other lands late of him the said Walter Brind lying and being in Westrop aforesaid. And also 28> All other the messuage lands tenements and hereditaments whatsoever of him the said Walter Brind situate lying and being in Westrop in the parish of Highworth aforesaid 29> and also all houses out houses barns stables buildings courts yards gardens outlets orchards trees mounds ways fences waters watercourses easements commodities 30> advantages emoluments hereditaments and appurtenances whatsoever to the said messuage or tenement malthouse allotment of land hereditament and premises hereby 31> granted and released or expressed or intended so to be or any part thereof belonging or in any wise appertaining or accepted reputed taken or known as part parcel or member thereof 32> or of any part thereof and the reversion and reversions remainder and remainders yearly and other rents issues and profits thereof and of every part and parcel thereof 33> and all the estate right tithe interest use trust benefit property claim and demand whatsoever both at law and in equity of them the said Walter Brind and Ann his 34> wife or either of them of into or out of the same premises and every or any part thereof quid also all deeds evidences and writings touching or in any wise concerning the said 35> premises or any part thereof which he the said Walter Brind now hath in his custody or power or which he can come by without suit in law or equity TO HAVE AND TO 36> HOLD the said messuage or tenement malthouse allotment of land hereditaments and all and singular other the premises hereby granted and released or expressed or 37> intended so to be with the appurtenances there unto belonging unto the said William Hussey his heirs and assigns TO THE ONLY PROPER USE AND BEHOOF of the said William 38> Hussey his heirs and assigns for ever and to and for no other use intent or purpose whatsoever AND the said Walter Brind for himself his heirs executors and administrators 39> and every of them doth covenant promise and agree to and with the said William Hussey his heirs and assigns by these presents in manner and form following that is to say 40> that the said Walter Brind at the time of the sealing and delivery of these presents is and standeth lawfully and rightfully seized of and in the said messuage or 41> tenement malthouse allotment of land hereditaments and premises hereby granted and released or expressed or intended so to be with the appurtenances of a good sure 42> perfect absolute and indefeasible estate of inheritance in fee simple without any manner of condition contingent proviso or power of revocation limitation of any new or other 43> use or uses or any other restraint matter or thing whatsoever to defeat alter change charge or determine the same AND ALSO that he the Walter Brind now hath in 44> himself good right full power and lawful and absolute authority to grant bargain sell release and confirm all and singular the said messuage or tenement malthouse land 45> hereditaments and premises hereby granted and released or expressed or intended so to be with their and every of their rights members and appurtenances unto and to the use 46> of the said William Hussey his heirs and assigns as aforesaid and according to the true intent and meaning of these presents AND FURTHER that he the said 47> William Hussey his heirs and assigns shall and lawfully may at all times for ever hereafter peaceably and quietly enter unto have hold possess and enjoy the said messuage or 48> tenement malthouse and hereditaments and premises hereby granted and released or expressed or intended so to be and every part and parcel thereof with their and 49> every of their rights members and appurtenances and receive and take the

rents issues and profits thereof to his and their own proper use and benefit without the let suit 50> hindrance interruption or denial of him the said Walter Brind his heirs or assigns or of any other person or persons whomsoever and that free and clear and freely and 51> clearly acquitted exonerated and discharged or otherwise by the said Walter Brind his heirs executors or administrators some or one of them from time to time and at all 52> times hereafter well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of former and other gifts grants bargains sales 53> leases mortgages surrenders zouitures (suitors?) dower, particularly the dower and thirds of the said Ann the wife of him the said Walter Brind, uses trusts wills entails statutes 54> judgments recognisances extents executions forfeitures, seizures escheats rents arrears of rent annuities vagaries debts sums of money and of from and against all and 55> singular other estates titles trusts charges and encumbrances whatsoever had made done committed occasioned or suffered or to be had made done committed occasioned 56> or suffered by the said Walter Brind his heirs or assigns or by any other person or persons whomsoever AND MOREOVER that he the said Walter Brind 57> his heirs and assigns and all and every other person and persons having or lawfully claiming or who shall or may hereafter have or lawfully claim any estate right 58> title use trust or interest of unto or out of the said messuage or tenement malthouse land hereditaments and premises hereby granted and released or expressed or 59> intended so to be or any of them or any part or parcel thereof shall and will from time to time and at all times hereafter at and upon the reasonable request and proper 60> costs and charges in the law of the said William Hussey his heirs and assigns make do acknowledge levy suffer and execute or cause and procure to be made done 61> acknowledged levied suffered and executed all and every such further and other lawful and reasonable act and acts deed and deeds devices conveyances and 62> assurances in the law whatsoever for the further better more perfect and absolute granting conveying assuring the said messuage or tenement malthouse land 63> hereditaments and premises hereby granted and released or intended so to be and every of them and every part thereof with their and every of their rights members and 64> appurtenances unto and to the use of the said William Hussey his heirs and assigns be the same by fee or fees Common Recovery or Common Recoveries or any other 65> matter of record or otherwise however as by the said William Hussey his heirs or assigns or his or their counsel learned in the law shall be lawfully and reasonably 66> devised or advised and required so as such further assurances maintain in them no further or other covenant or warranty than against the person or persons who shall be 67> required to make and execute the same and against his or their own heirs arts and deeds respectively and so as now of them be compelled or compellable to have or go 68> from the usual place of his or their respective habitation or abode for the doing thereof. IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals 69> the day and year first above written.

Walter Brind

Anne Brind

Will of Walter Brind made May 9, 1796. He was probably on his death bed at the time, because it was proved on July 26, 1796.

Walter Brind

In the name of God Amen. I Walter Brind of Foster Lane Cheapside London Goldsmith being of sound and disposing mind memory and understanding do make publish and declare this my last will and testament in manner following (that is to say) I direct that all my just debts funeral expenses and the charges attending the proving this my will be fully paid and satisfied. I give devise and bequeath all that my messuage or tenement (number 8) with the appurtenances situate on the east side of Foster Lane aforesaid now in the tenure or occupation of Messrs Crisp and Goddard unto my daughters Elizabeth Brind and Easter Brind to hold to them their heirs and assignees for ever as tenants in common and not as joint tenants. Item I give and bequeath to my son William Brind the sum of four hundred pounds and I do hereby acquit and discharge my said son William Brind of and from all sum and sums of money that he may stand indebted unto me at the time of my decease and direct that the securities for the same if any be delivered to him by my executors and excutrixes to be cancelled. Item I give and bequeath unto my son Thomas Brind the sum of five hundred and fifty pounds to my son Walter Brind the sum of five hundred and fifty pounds including in such legacy to my said son Walter all sum and sums of money that he may stand indebted unto me at the time of my decease upon ???? or otherwise to my said daughter Elizabeth Brind the sum of four hundred pounds to my said daughter Easter the sum of four hundred pounds and to my daughter Mary now the wife of Thomas Patrick of Newgate Street Tinman the sum of three hundred and twenty pounds in addition to the sum I gave with her as a marriage portion to my grandson Walter Brind and my granddaughter Ann Ashton now the wife of Thos. Ashton the son and daughter of my late son Henry Brind the sum of ten pounds a piece to be paid them on attaining their ages of twenty one years to my daughter in law Ann the wife of John Bridges of Brentford in the county of Middlesex Gentleman five Guineas for a Ring to the said John Bridges and to each of their four children, Thomas, Joseph Ann and Harriott a Ring of One Guinea value to my nephew Thomas Brind son of my late brother Thomas Brind two guineas for a ring and to my three nieces his sisters one guinea each for a ring all the rest residue and remainder of my estate and effects of what nature or kindsoever and wheresoever, situate and being I give and bequeath the same unto my said daughters Elizabeth and Easter equally to be divided between them to and for their own respective use and benefit and I hereby constitute and appoint my said sons Thomas and Walter and my said daughters Elizabeth and Easter executors and executrixes of this my last will and testament and revoking all former wills by me made I declare this only to be my last will and testament in witness whereof I have hereunto set my hand and seal the ninth day of May in the year of our Lord one thousand seven hundred and ninety six. Walter Brind, signed sealed published and declared by the said testator Walter Brind as and for his last will and testament in the presence of ???? in his presence at his request and in the presence of each other have subscribed our names as witnesses, Richd Willis, George Sowley, Paul Posdan(?).

PROB 11/1891

The following are mentioned in the will:
Wife - Mary
Mr Cook Kemp Bourne - son in law of Walter I
Mary Patrick- daughter of Walter I
Son - Charles
Son - Thomas
Daughter- Francis Esther
Daughter - Mary Ann

Thomas Brind Esquire

This is the last will and testament of me Thomas Brind of .... Middlesex Esquire z> First that all my just debts and funeral expenses and the expenses of .... this my will may be said with all .... speed after my breast 3 00 hereby appoint my dear wife Mary Brind and Mr Cook Kemp Bourne of Stoke .... in the County of Middlesex Executrix and executor of this my will and I do give and bequeath to the said Cook Kemp Bourne the sum of fifty pounds of the trouble he may .... in the execution of this my will. I give and bequeath the following legacies. To my wife the sum of one hundred pounds to be paid immediately after my death and also to my said wife all my household goods and furniture with plate ... china books and pictures to and for her own absolute use and benefit to Mary Patrick of Stoke Kensington in the County of Midlesex widow in cast but shall survive me the sum of one hundred and fifty pounds unto and equally between all and every the child and childer of the sia dMary Patrick who shall be living at my ... (if more shall out and if there shall be but out such child... thou was to that only out To Mrs Walter Brind of Pater Noster Row in the City of London ... shall survive me the sum of one hundred pounds to be settled as she shall .... of appoint or to be paid unto the hands if she shall sesixe it But if she shall sit in my lifetime in that case I give the said sum of one hundred pounds to her daughters Ann Brind ... Brind and Ellen Brind or the survivors or survivore of them living at my decease to Elizabeth .... resiting in my house the sum of nineteen pounds ... shillings and as to and ..... All the Rest Residue and Remainder of my estate and effects whatsoever and wheresoever which I am now or may be at any time hereafter seized possessed of interested in or ..... unto I give ... and bequeath the same and every part thereof and all my estate and interest therein as follows (that is to say I give ... and bequeath out equal ... part thereof unto each of my sons Charles Brind and Thomas Brind his heirs executors administrators and assigns on condition .... that each of my said sons his heirs executors or administrators do and shall pay to my siad wife for her own use an annuity or yearly sum for and during her life equal in amount of five per cent of the value of the said fixed sxith so bequeathed to him as aforesaid which value shall be assertained and fixed in my said executrist and executor the said annuities respectively at the end of .... next after my decease and I do direct that each of my said sons etc..

PROB 11/1891

PROB 11/2084