Ian C Pidgeon

St Albans

England

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1764  Baskervyle-Washington  Agreement


This Agreement is in the possession of the descendants of Henry Pidgeon and Ann Basketfield. Ann was a 'widow' when she married Henry in 1792. Was her former name Baskervyle, rather than Basketfield?  Was her deceased first husband perhaps one of the sons of the said David Baskervyle and Anne Washington, who were married shortly after the signing of this agreement?  Or was she, as is suggested by Steve Baskerville, the eldest daughter of David and Anne, calling herself a widow to disguise the illegitimacy of her son Thomas who was born in 1786?

Below is my transcription of the Agreement, and you may also view images of the four individual pages of it. In addition, Professor Steve Baskerville, a descendant of David Baskervyle and Anne Washington has written a commentary on the document.  Steve is a historian and holds a first class honours degree, an MA and a DPhil from Oxford University.  18th Cheshire century was the focus of his doctoral dissertation, and he has been reviewing documents like this for over 35 years.  Before his retirement in 2008, Steve was a Pro Vice-Chancellor at De Montfort University, Leicester, England.


View images: -  page 1   page 2   page 3   page 4                           New   Commentary    by Prof. Steve Baskerville


Articles of Agreement had made concluded and agreed on the nineteenth day of December in the year of our Lord one thousand seven hundred and sixty-four Between David Baskervyle of Blackden in the County of Chester Yeoman (only Son and Heir of Daniel Baskervyle late of Blackden aforesaid Yeoman deceased) of the first part Anne Washington of Middlewich in the said County Widow and Relict of John Washington late of Middlewich aforesaid Gardener deceased of the second part and Edward Bloor of Shibblach in the said County Yeoman and James Eachus of Middlewich aforesaid Saddler of the third part as follows (To wit) Whereas a Marriage is intended (by Godís permission) to be shortly had and solemnised between the said David Baskervyle and Anne Washington and Whereas the said David Baskervyle by virtue of an Indenture of Lease duly executed bearing date on or about the twenty fourth day of November one thousand seven hundred and fifty two made by John Kinsey Gentleman to the said Daniel Baskervyle is possessed of or entitled to All that close or field called Broomy Croft in the Hamlet of Blackden aforesaid containing by estimation Three Acres and one Day Work of Statute Acres be the same more or less now in the tenure of the said David Baskervyle with all ways waters easements and appurtenances therewith usually enjoyed for the lives of the said David Baskervyle and Lydia Keen his Sister (the two surviving Lives in the said Lease named) under and subject to covenants and agreements contained in the said Lease And the said David Baskervyle by virtue of one other Indenture of Lease duly executed bearing date on or about the thirtieth day of April one thousand seven hundred and fifty-four made by John Baskervyle (now Glegg) Esquire William Fallowes Gentleman and the said John Kinsey to the said Daniel Baskervyle is also possessed of or entitled to All that Messuage Cottage or Tenement situate lying and being in Blackden aforesaid late in the occupation of the said Daniel Baskervyle and now of the said David Baskervyle his Son With the Buildings Lands and Appurtenances thereunto belonging for the lives of the said David Baskervyle and Abraham Baskervyle otherwise Son of Hester Baskervyle being the two surviving Lives named in the said last mentioned Indenture of Lease under and subject to the Rent Covenants and Agreements in the said Indenture of Lease contained or mentioned Now these Presents witness that for and in consideration of the said intended Marriage and of the Goods Chattels and Effects which the said Anne Washington is possessed of and to which the said David Baskervyle will be entitled on the said Marriage He the said David Baskervyle Doth hereby for himself his Heirs Executors and Administrators covenant promise and agree to and with the said Edward Bloor and James Eachus their Exors Admors and Assigns in manner following (To wit) That he the said David Baskervyle his Heirs Exors or Admors shall and within three months after the solemnization of the said intended Marriage by good and sufficient Conveyances and Assurances in the Law convey settle and assure Unto and to the use of them the said Edward Bloor and James Eachus or the Survivor of them his Heirs Executors Administrators or Assigns All and singular the said Messuage or Cottage Close or parcels of Land Hereditaments and all other the premises comprised in the several before mentioned Indentures of Lease with their and every of their Appurtenances. And all the Estate Right Title Term or Terms and Interest of him the said David Baskervyle of in or to the same premises respectively (subject to the yearly Rent Reservations and Agreements in the said several Leases contained or mentioned) Upon the Trusts nevertheless and to and for the several uses intents and purposes hereinafter mentioned expressed or declared of or concerning the same (That is to say) Upon Trust to permit and suffer Hester Baskervyle Widow Mother of the said David to hold and enjoy the Room in the said Messuage or Cottage called the Parlour and the Buttery adjoining thereto with the usual ways of passages to the same for and during the term of her natural life  And also to have receive and take out of the Rents and profits of the said several Leasehold Premises an Annuity or yearly sum of four pounds for and during the term of her natural life to be paid on the twenty fourth day of June and the twenty fifth day of December yearly by equal portions and the first payment thereof to begin and be made on the twenty-fourth day of June next In which said intended settlement shall be contained the usual clauses of Distress and Entry in case of non-payment  And as concerning All the said several Leasehold Premises subject to the said Hesterís Interest in the said Parlour and Buttery and to the said Annuity or yearly sum of four Pounds To the use of two Trustees in the said intended Settlement to be named by the said Edward Bloor and James Eachus or the survivor of them his Exors or Admors for the term of forty years to commence from and immediately after the said intended Marriage Upon the Trusts after mentioned and subject to the said Term of forty years and the Trusts thereof  Upon trust that they the said Edward Bloor and James Eachus or the survivor of them his Exors or Admors Do and shall permit and suffer the said David Baskervyle and his Assigns to hold and enjoy the said Premises and to receive and take the Rents and Profits thereof for and during his natural life  And from and after his decease In case the said Anne his intended Wife shall happen to survive him Then upon Further Trust to permit and suffer the said Anne Washington and her Assigns to hold and enjoy the said Premises (subject as aforesaid) and to receive and take the rents and profits thereof for and during her life And from and after the decease of the survivor of them the said David Baskervyle and Anne his intended Wife Then To the use and behoof of all or any and such of the child or children of the said David Baskervyle on the body of the said Anne Washington to be begotten in such shares proportion and manner if more than one as the said David Baskervyle by any Deed or Last Will in writing to be executed or published in the presence of two or more credible witnesses shall direct or appoint And for want of such appointment equally amongst them if more than one share and share alike  And for default of such issue To the use and behoof of the said David Baskervyle his Heirs Executors Admors and Assigns  And as concerning the said Term of forty years hereinbefore mentioned It is hereby declared and agreed that the said term is hereby so agreed to be limited Upon the Trusts and to and for the intents and purposes following (To wit) Upon trust that the Trustees of the said Term or the survivor of them his Exors or Admors do and shall by mortgage sale or other disposition of the said Premises to be comprised in the said Term levy and raise the sum of Twelve Pounds of lawful money of Great Britain and pay and apply the same towards putting out Apprentice Edward Washington Son of the said Anne by the said John Washington her late Husband at such time and to such Trade or Occupation as they the said Edward Bloor and James Eachus or the survivor of them his Exors or Admors shall direct or appoint And also that the said Trustees of the said Term shall raise money sufficient from time to time to buy all necessary and suitable Clothes for the said Edward Washington during his said Apprenticeship  And upon further Trust they the said trustees of the said Term of forty years Do and shall by any the ways or means aforesaid levy and raise the further sum of ten Pounds and pay the same to the said Edward Washington and John Washington his Brother equally at their respective Attainments of the Age of Twenty one years  And whereas the said Anne Worthington (sic) is entitled to a Garden on Parcel of Land in Newton near Middlewich aforesaid for the remainder of a certain Term yet to come and Parts to be divided of the said Garden for and during the remainder of the Term and Interest thereon yet to come and unexpired. Under and subject nevertheless to the payment of the two-third parts of the yearly Rent which shall become due and payable for the same And upon further Trust to permit and suffer the said Ann Washington and her Assigns (notwithstanding her coverture) to hold and enjoy and to have receive and take the remaining third part of the said Garden and the rents and profits thereof for and during the remainder of the Term and Interest thereon yet to come and unexpired to and for her and their own separate use and disposal and not to be in any ways subject or liable to the debts control or management of the said David Baskervyle her intended Husband and subject to the payment of the remaining third part of the yearly rent payable for the said Garden during the continuance of the Term therein  And the said David Baskervyle Doth hereby for himself his Heirs Executors & Admors covenant and agree to and with the said Edward Bloor and James Eachus their Exors and Admors That all and singular the said Premises in Blackden aforesaid shall remain continue and be To the several uses intents and purposes and upon the Trusts aforesaid freed and discharged of and from all encumbrances made or done by the said David Baskervyle except a Mortgage heretofore made thereof to Bartholomew Hulme Yeoman for securing forty pounds and no(?) Interest  In Witness whereof the said Parties to these Presents their Hands and Seals have hereunto set the day and year first within written

 

Sealed and delivered by the within named

David Baskervyle and Anne Washington

in presence of

Thos Naylor

  Jonathan Ravenscroft

 


Page Updated  25 Jan 2010

©  2005 - Ian C Pidgeon