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Legal document involving Thomas Dutton, Charles Poulton, Henry Coleman, Thomas Coleman, John Bridges & Walter Brind of May 31, 1781.

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? }

(In pencil 1781 4 page document)

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.

Walter Brind

Ann Brind

Charles Poulton Jnr

Thos. Dutton



Page 2

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.



WRO 374/503

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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......




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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