Other documents
(44) Pages 3-9 of the abstract of title (1655-1796) to the Crown Inn in Highworth, dated 1806.
(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. |