CASWELL - Person Sheet
CASWELL - Person Sheet
NameWilliam Caswell 
Death1740
Birth1694, Cherhill
FatherWilliam Caswell Yeoman (1648-1706)
MotherCatherine Burchell (1662-)
Notes for William Caswell
The following records were found in the WRO.
Presentments of the juries for the hundreds.
William Caswell of West Kennett.
Selkeley Grand Jury West Kennett.
Wm. Caswell of West Kennett, highways - M1735 respited to next, received fees.
H1735, appeared, fined 6d & discharged.
East & West Kennett, Wm. Caswell Gentleman
Freehold Book. The listing allows him to serve on a jury.
William died intestate and his wife signed a bond in 1740.Robart Casswell also signed the bond.
William's baptism record was found in the Cherhill Baptisms records Bundle # 1 1660 to 1696
Document # 3
The Reply of WILLIAM CASSWELL (Jr)
The several answer of William Caswell one? of thedefendants to
the Bill of Complaint of Richard Pope & Christian his Wife
William Vivash & Susannah his wife Robert Caswell & Mary Caswell
an Infant by the said Robert Caswell her next friend (or procheine Amie) Complainants
1) This defendant now & at all times hereafter saving and
reserving to himself all and all manner of benefit andadvantage
of Exception to be anyways had or taken to the manifoldErrors
uncertainties Imperfections and
2) untruths in the complainants' said Bill of Complaint
contained for a true full and perfect answer thereto or to so
much thereof as materially concerns him this defendant as he is
advised to answer he this defendant
3) answereth saith that William Caswell deceased in the Bill
named father of this defendant and of the complainants Christian
Pope & Susannah Vivash Robert & Mary Caswell did die seized &
possessed of a copyhold estate
4) lying in Cherhill in the County of Wilts of the yearly value
of six and twenty pounds & (^ so?) now let to the complainant
Robert Caswell and also that the said William Caswell died
seized of the reversion in ?fee simple of?
5) an estate of the yearly value of sixty pounds or thereabouts
situate in Avebury in the said county of Wilts after the decease
of Alice Bray now of Avebury aforesaid Widow & (^Fry? of the
City of London) who are yet living which were all the
6) copyhold and freehold estates and lands whereof the said
William Caswell died seized or possessed to the knowledge or
belief of this defendant further (^saith) that the said William
Caswell did not die intituled to or possessed of any?
7) Leasehold Estate for years or for any absolute number of
years determinable upon one two or three lives or otherwise
howsoever to the knowledge or belief of this defendant and this
defendant saith that the said William Caswell
8) his father left five children living at the time of his death
as in the said Bill of Complaint is set forth and this defendant
believes that his said father William Caswell might on or about
the time for that purpose in the Bill
9) mentioned make his last will and testament and thereby give &
bequeath to the said complainant Robert Caswell one hundred and
fifty pounds to be paid to him at the time for that purpose in
the bill mentioned & devised to his three daughters
10) the complainants Christian Susannah and Mary one hundred
pounds apiece to be raised out of the rents of his freehold
estate at Avebury as soon as might be by his executors &
appointed that if either of his said daughters
11) happened to die before her legacy became ?? payable that
then the legacy of such daughter dying should remain to the
survivors or survivor of them the said daughters and gave to
each of his children a silver
12) spoon and to the complainant Susannah a silver porringer and
to his said three daughters Christian Susannah and Mary all his
wives wearing apparel & rings to be equally divided between them
and gave to this defendant his
13) best bed and furniture and all his other beds and furniture
amongst his four younger children the complainants (^Christian
Susannah Robert and Mary) and gave his freehold estate at
Avebury to this defendant and his heirs for ever chargeable
with? three hundred
14) pounds to be raised out of the same for his (^ this
defendants) sisters as aforesaid by his executors therein
afternamed and the rest of his goods and chattels after his
debts and funeral expenses were raised he willed and devised to
Peter Young
15) of Cherhill yeoman Walter Foreman of Calne mercer Robert
Burchall of Compton Bassett yeoman since deceased and Clement
Burchall of Compton Bassett clothier in sure trust and
confidence nevertheless that
16) they and the survivors and survivors of them should with his
said goods chattels and credits breed up and educate his said
children during their minority and the overplus to be divided
amongst his said children over whom he appointed
17) them the said Peter Young Walter Foreman Robert Burchall and
Clement Burchall (^ and every of them guardians and joint)
executors as in and by the said last will and Testament relation
being thereunto had it doth may and will more fully and at
18) large appear and this defendant saith that the said William
Caswell his late father died shortly after making the said will
and this defendant hath swore that the said Robert Burchall one
of the executors and trustees in the said
19) will named after the death of the said William Caswell (viz)
about the second day of August one thousand seven hundred and
seven proved the said will in common form in the peculiar
ecclesiastical court belonging
20) to the Dean of Sarum for that purpose as in and by the said
will & probate thereof relation being thereunto had it doth may
and will more fully and at large appear and (^this) defendant
saith that he doth not know
21) whether the said Robert Burchall did at the time of the
probate of the said William Caswell's will or at any time after
exhibits into the court of the said Dean of Sarum aninventory
of the goods chattels & estate whereof
22) the said William Caswell died possessed but his defendant
saith that he hath heard that an inventory was taken of his said
fathers estate and that the same amounted to three hundred and
thirty pounds or thereabouts
23) but the p'ticulars thereof he this defendant cannot set
forth he not having nor ever having had the said inventory in
his custody or power nor can this defendant set forth who
appraised the said goods or whether there
24) (^were) omissions or undervaluations therein And this
defendant further answering saith that he knows not whether any
or what agreement was made between the said William Caswell
deceased and Priscilla his widow
25) antecedent to their marriage nor upon what considerations
such agreement if any was made or that by such agreement the
said Priscilla was to have only the yearly sum or income of
seven pounds p. Ann. and that the
26) Executors and trustees of the said William Caswell deceased
should have and take all the residue and remainder of his the
said William's estate for the benefit of his the said Williams
children according to his will and
27) that the said Priscilla should not intermarry or do any act
to forfeit the copyhold premises or that she the said Priscilla
should enter into a bond of the penalty of one hundred pounds
for the due? performance of the
28) premises neither doth this defendant know that the said
Priscilla did accordingly enter into such Bond to the said
Robert Burchall deceased or any other person whatsoever or that
the said Bond was duly executed but this
29) defendant saith he hath heard there was some Bond or
Agreement entered into by the said Priscilla before her
intermarriage with the said William Caswell (^deceased) butwhat
the penalty of the said Bond was or when
30) the same was dated or what the condition thereof was or whom
the same was entered into or who were witnesses to the execution
thereof or where or in whose custody the same now is or ever was
this
31) defendant is wholly ignorant & knows not for that he this
defendant to his knowledge or belief never saw the said Bond or
Agreement nor ever heard the same read neither hath or ever had
this defendant the said Bond or Agreement
32) in his custody or power and this defendant saith he hath
heard and believes that the said William Caswell his this
defendants late father died the third day of August which was in
the year of Our Lord One thousand
33) seven hundred and six xx and that the said Priscilla and
this defendant and the complainants his brother Robert and
sisters Christian Susanna and Mary were all in the house
34) at Cherhill when their father the said William died but this
defendant saith that he was then very young not above fourteen
years of age & doth not know whether all or any deeds or
writings or evidences
35) relating to the said fathers freehold or copyhold estate
were then in the said house or whether the bond in particular
entered into by the said Priscilla or any other bonds were also
in the said house
36) but this defendant doth absolutely deny that he then or at
any time since ever possessed himself of the said Bond entered
into by the said Priscilla (^or) of any other writings
whatsoever but believes the said Robert
37) Burchall or Clement Burchall on of the trustees or executors
of this defendants said father might posses himself of the said
writings for that the said Clement Burchall since this said
defendant came of age (viz) about seven
38) years since in February last delivered the writings relating
to the title of the said freehold estate at Avebury to this
Defendant as heir at Law to the said William Caswell his father
which writing this defendant hath
39) in his custody and power & humbly insists the same belong to
him (^and) this defendant saith that after the death of the said
William Caswell this defendants said father the said Priscilla
and this defendant & the complainants Robert Christian Susannah
and Mary lived?
40) together for about ten years with the said Priscilla and
were maintained by her out of the said copyhold estate & were
kindly used & not in a rude or unkind manner & that neither of
them went to service for their maintenance but the ??
41) Christian who being fit for service and the said copyhold
Estate being not enough to maintain the said Priscilla this
defendant and the said complainants this defendant saith that
the said Christian might live as a servant for two or three
years with one Mr Andrew Crip..
42) a relation and this defendant saith that during the lifetime
of the said Robert Burchell which was about eight years after
the death of this defendants said father he this defendant did
not intermeddle or concern himself with the management of ??
43) of the estate left by his this defendant's said father &
that after the death of the said Robert Burchell the said
Priscilla took to what remained of his this defendants said
fathers estate & managed the same for three years & then some
dispute & difference
44) arising between the said Priscilla and this defendant the
same was by them submitted to the award of one Mr John Brunsden
since deceased then minister of Winterbourn Monckton in the
County of Wilts who on or about the third day of July
45) one thousand seven hundred and sixteen made his award and
thereby awarded & ordered this defendant to pay to the said
Priscilla sixty two pounds five shillings and to give her the
said Priscilla a Bond of the penalty of one hundred pounds for
payment of seven pounds p. ann.
46) to the said Priscilla during her life by quarterly payments
free of all taxes & to pay all the just debts of the said
William Caswell this defendants father and that uponpayment of
the said sixty two pounds & five shillings & giving the said
Bond the said Priscilla should deliver to the
47) defendant for his own use all household goods Corn Cattle
Waggons Ploughs Carts Utensils & Implements of husbandry
whatsoever (^of) her the said Priscilla and of her late deceased
husbands William Caswell (^ except her wearing apparel) & should
give this defendant a Bond of the penalty of
48) three hundred pounds peaceably & quietly to have hold use
occupy possess & enjoy the rents issues and profits of the said
copyhold estate at Cherhill then held by the said Priscilla for
her widowhood free from all encumbrances except the paym..
49) of seven pounds a year to the said Priscilla and that she
the said Priscilla should do no act to hinder this defendants
peaceable enjoying thereof or to determine her estate therein &
that general? releases should be executed when the said award
was complied with as in and by
50) the said award now remaining in his this defendantscustody
& to which this defendant for greater certainty craves leave to
refer himself will more at large appear and this defendant saith
that before he took to the said goods pursuant to the said award
the same were inventoried
51) & appraised by Thomas Ponting (^ then) of Avebury aforesaid
since deceased and Richard Caswell now of Rowde in the said
county of Wilts yeoman And that he hath set forth in a schedule
hereunto annexed entitled a Schedule A true? copy of thesaid
52) Inventory which this defendant humbly prays may be taken as
part of his this defendants answer And this defendant saith that
he paid the said Priscilla Forty two pounds ?? she accepted in
full? of the said sixty two pounds and that he this (^defendant
in all things ?? complied ) with the said award And that he this
defendant
53) hath also paid the said complainant Robert Caswell one
hundred and fifty pounds and a debt of his father of sixty eight
pounds to one Roger Hule? since the said award and hath ??in
full the said Priscilla and hath paid several other sums of
money debts due from his ?? father amounting..
54) forty pounds and upwards But this defendant doth expressly
deny that he ever with or without the said Robert Burchall had
the
55) management of his said fathers estate till after the death
of the said Robert Burchall and making the award as aforesaid
and this defendant saith that he believes the said Robert
Burchell might die about the time for that purpose in the Bill
56) mentioned but this defendant doth not know whether he made
any will or not nor who took out letters of Administration to
his effects or what he died worth or who possessed himself of
his effects but this defendant believes the said Robert Burchell
57) died much in debt for that this defendants said father was
surety for the said Robert Burchell to one Roger Hule? of
Cherhill aforesaid for seventy pounds (^ sixty eight pounds of)
which moneys this defendant hath paid (^ as aforesaid) being
forced so to do since the said Robert Burc...
58) death but this defendant doth not know to whom the said
Robert Burchall owed any other money or anything whatsoever
concerning his affairs and this defendant further answering
saith that all the legacies given in specie to the said
complainants Robert.
59) Christian Susannah and Mary have been delivered & all other
legacies paid except the one hundred pounds apiece to the said
complainants Susannah Christian and Mary which cannot yet be
paid for that ....
60) Calne? into hands and so no profit nor benefit has accrued
as yet to this defendant out of the said freehold estate (^save
the ?? of and for ?? said estate which is four and forty
shillings a year) & this defendant further saith that he hath
paid the complainant Robert Caswell his legacy and that he the
said Robert on or about the one and thirtieth day of October
1721 only? sealed and......
61) a release to this defendant in the presence of John Townsend
and Elizabeth Townsend both of Cherhill aforesaid and that the
said complainant Christian is also paid all legacies and money
due to her except the said one hundred pounds to be raised out
of the rents of the said estate in Avebury and that the said
Christian ??...
62) & executed a release to that defendant dated the five and
twentieth day of March 1718 in the presence of the said John
Townsend and Michael Caswell of the Devizes in the said Co of
Wilts Tallow Chandler and further saith that the said
complainant? William Vivash is pd ..and satisfied? ..
63) & sums of money except the said one hundred pounds given and
du to his wife and that he the said complainant William did on
the said five and twentieth day of March 1718 duly seal and
execute a release in the right of the said Susannah his wife to
this defendant in the presence of Anne Fl?...
64) both of Calne to all which said releases now in this
defendants custody this defendant for more certainty humbly
(^craves) leave to refer himself and this (^defendant) further
saith that the said Priscilla pursuant to the said award did on
or about the second day of August 1716 give this defendant Bond
for ??
65) enjoyment of the said copyhold estate during her natural
life which bond this defendant hath in his custody and is ready
to produce the same as this honourable court shall direct and
this defendant doth expressly deny that he ever concealed any
part of the estate of his dec'd father ....
66) pretended that his said late father died intestate or that
he never saw his said fathers will or the said award and doth
deny that he or any by his order privity? consent of approbation
hath or ever had any bond note or writing whatsoever relating to
touching or .... concerning
67) the said copyhold estate made by or between the said
Priscilla and the said William Caswell deceased? before their
intermarriage or that he this defendant ever burnt cancelled or
destroyed the same or any other writing whatsoever relating
thereto or that he hath any other writings
68) whatsoever which? were? the? said
......................................And this defendantdoth
deny all ............ and conspiracy? with? any person
whatsoever .....that any other ....matter...thing in the
complainants' said bill of complaint contained
69) material and effectual? for this defendant to makeanswer
unto and not herein ?? and differently? answered unto..........
all which matters and things are true? as this defendant is
ready aver maintain & prove? as this honourable court shall
award and therefore humbly ..................in this
70)...........wrongfully sustained.
Separate page:
The schedule in the defendants' answer referred to
An Inventory of William Caswell's goods
33 couples of Ewes and Lambs 17-06-6
28 Tags 8-08-0
40 Wethers and Barren Ewes 17-10-0
10 Two tooth sheep 3-05-0
2 two year old beasts 3-15-0
2 yearling beasts 2-10-0
2 milk beasts 6-00-0
2 cows as have not calves 6-00-0
3 cows and calves 10-00-0
1 cow sold at Calne fair 3-00-0
2 pigs 2-15-0
A wagon 1-10-0
A dungpot and cart 4-00-0
A sullow and tarplin belonging to it 0-09-0
3 Harrows and drag and roller 1-02-6
A Rick Stavel 1-00-0
for hay and thatches 1-10-0
8 quarters of wheat in the barn at 4/6 the bushel 14-08-0
5 horses and harness 32-10-0
1 wagon 8-00-0
22 acres 1/2 wheat in the field 56-05-0
12 acres 1/2 barley in the field 21-16-0
2 acres 1/2 thatches in the field 5-00-0
1acre pease in the field 1-10-0
[blank] 2-10-0
232-00-0
Notes: 4) "fee simple" is an unconditional inheritance. 12)The
wife referred to here must surely be Catherine. 58) "inspecie"
means "in coin" 60) the first word in this line looks like falne
and so could be "fallen" (which might make a little sense)
instead of Calne. It is certainly a differently shaped "C" to
theat used elsewhere if Calne is meant.
Document # 3
The Reply of WILLIAM CASSWELL (Jr)
The several answer of William Caswell one? of thedefendants to
the Bill of Complaint of Richard Pope & Christian his Wife
William Vivash & Susannah his wife Robert Caswell & Mary Caswell
an Infant by the said Robert Caswell her next friend (or procheine Amie) Complainants
1) This defendant now & at all times hereafter saving and
reserving to himself all and all manner of benefit andadvantage
of Exception to be anyways had or taken to the manifoldErrors
uncertainties Imperfections and
2) untruths in the complainants' said Bill of Complaint
contained for a true full and perfect answer thereto or to so
much thereof as materially concerns him this defendant as he is
advised to answer he this defendant
3) answereth saith that William Caswell deceased in the Bill
named father of this defendant and of the complainants Christian
Pope & Susannah Vivash Robert & Mary Caswell did die seized &
possessed of a copyhold estate
4) lying in Cherhill in the County of Wilts of the yearly value
of six and twenty pounds & (^ so?) now let to the complainant
Robert Caswell and also that the said William Caswell died
seized of the reversion in ?fee simple of?
5) an estate of the yearly value of sixty pounds or thereabouts
situate in Avebury in the said county of Wilts after the decease
of Alice Bray now of Avebury aforesaid Widow & (^Fry? of the
City of London) who are yet living which were all the
6) copyhold and freehold estates and lands whereof the said
William Caswell died seized or possessed to the knowledge or
belief of this defendant further (^saith) that the said William
Caswell did not die intituled to or possessed of any?
7) Leasehold Estate for years or for any absolute number of
years determinable upon one two or three lives or otherwise
howsoever to the knowledge or belief of this defendant and this
defendant saith that the said William Caswell
8) his father left five children living at the time of his death
as in the said Bill of Complaint is set forth and this defendant
believes that his said father William Caswell might on or about
the time for that purpose in the Bill
9) mentioned make his last will and testament and thereby give &
bequeath to the said complainant Robert Caswell one hundred and
fifty pounds to be paid to him at the time for that purpose in
the bill mentioned & devised to his three daughters
10) the complainants Christian Susannah and Mary one hundred
pounds apiece to be raised out of the rents of his freehold
estate at Avebury as soon as might be by his executors &
appointed that if either of his said daughters
11) happened to die before her legacy became ?? payable that
then the legacy of such daughter dying should remain to the
survivors or survivor of them the said daughters and gave to
each of his children a silver
12) spoon and to the complainant Susannah a silver porringer and
to his said three daughters Christian Susannah and Mary all his
wives wearing apparel & rings to be equally divided between them
and gave to this defendant his
13) best bed and furniture and all his other beds and furniture
amongst his four younger children the complainants (^Christian
Susannah Robert and Mary) and gave his freehold estate at
Avebury to this defendant and his heirs for ever chargeable
with? three hundred
14) pounds to be raised out of the same for his (^ this
defendants) sisters as aforesaid by his executors therein
afternamed and the rest of his goods and chattels after his
debts and funeral expenses were raised he willed and devised to
Peter Young
15) of Cherhill yeoman Walter Foreman of Calne mercer Robert
Burchall of Compton Bassett yeoman since deceased and Clement
Burchall of Compton Bassett clothier in sure trust and
confidence nevertheless that
16) they and the survivors and survivors of them should with his
said goods chattels and credits breed up and educate his said
children during their minority and the overplus to be divided
amongst his said children over whom he appointed
17) them the said Peter Young Walter Foreman Robert Burchall and
Clement Burchall (^ and every of them guardians and joint)
executors as in and by the said last will and Testament relation
being thereunto had it doth may and will more fully and at
18) large appear and this defendant saith that the said William
Caswell his late father died shortly after making the said will
and this defendant hath swore that the said Robert Burchall one
of the executors and trustees in the said
19) will named after the death of the said William Caswell (viz)
about the second day of August one thousand seven hundred and
seven proved the said will in common form in the peculiar
ecclesiastical court belonging
20) to the Dean of Sarum for that purpose as in and by the said
will & probate thereof relation being thereunto had it doth may
and will more fully and at large appear and (^this) defendant
saith that he doth not know
21) whether the said Robert Burchall did at the time of the
probate of the said William Caswell's will or at any time after
exhibits into the court of the said Dean of Sarum aninventory
of the goods chattels & estate whereof
22) the said William Caswell died possessed but his defendant
saith that he hath heard that an inventory was taken of his said
fathers estate and that the same amounted to three hundred and
thirty pounds or thereabouts
23) but the p'ticulars thereof he this defendant cannot set
forth he not having nor ever having had the said inventory in
his custody or power nor can this defendant set forth who
appraised the said goods or whether there
24) (^were) omissions or undervaluations therein And this
defendant further answering saith that he knows not whether any
or what agreement was made between the said William Caswell
deceased and Priscilla his widow
25) antecedent to their marriage nor upon what considerations
such agreement if any was made or that by such agreement the
said Priscilla was to have only the yearly sum or income of
seven pounds p. Ann. and that the
26) Executors and trustees of the said William Caswell deceased
should have and take all the residue and remainder of his the
said William's estate for the benefit of his the said Williams
children according to his will and
27) that the said Priscilla should not intermarry or do any act
to forfeit the copyhold premises or that she the said Priscilla
should enter into a bond of the penalty of one hundred pounds
for the due? performance of the
28) premises neither doth this defendant know that the said
Priscilla did accordingly enter into such Bond to the said
Robert Burchall deceased or any other person whatsoever or that
the said Bond was duly executed but this
29) defendant saith he hath heard there was some Bond or
Agreement entered into by the said Priscilla before her
intermarriage with the said William Caswell (^deceased) butwhat
the penalty of the said Bond was or when
30) the same was dated or what the condition thereof was or whom
the same was entered into or who were witnesses to the execution
thereof or where or in whose custody the same now is or ever was
this
31) defendant is wholly ignorant & knows not for that he this
defendant to his knowledge or belief never saw the said Bond or
Agreement nor ever heard the same read neither hath or ever had
this defendant the said Bond or Agreement
32) in his custody or power and this defendant saith he hath
heard and believes that the said William Caswell his this
defendants late father died the third day of August which was in
the year of Our Lord One thousand
33) seven hundred and six xx and that the said Priscilla and
this defendant and the complainants his brother Robert and
sisters Christian Susanna and Mary were all in the house
34) at Cherhill when their father the said William died but this
defendant saith that he was then very young not above fourteen
years of age & doth not know whether all or any deeds or
writings or evidences
35) relating to the said fathers freehold or copyhold estate
were then in the said house or whether the bond in particular
entered into by the said Priscilla or any other bonds were also
in the said house
36) but this defendant doth absolutely deny that he then or at
any time since ever possessed himself of the said Bond entered
into by the said Priscilla (^or) of any other writings
whatsoever but believes the said Robert
37) Burchall or Clement Burchall on of the trustees or executors
of this defendants said father might posses himself of the said
writings for that the said Clement Burchall since this said
defendant came of age (viz) about seven
38) years since in February last delivered the writings relating
to the title of the said freehold estate at Avebury to this
Defendant as heir at Law to the said William Caswell his father
which writing this defendant hath
39) in his custody and power & humbly insists the same belong to
him (^and) this defendant saith that after the death of the said
William Caswell this defendants said father the said Priscilla
and this defendant & the complainants Robert Christian Susannah
and Mary lived?
40) together for about ten years with the said Priscilla and
were maintained by her out of the said copyhold estate & were
kindly used & not in a rude or unkind manner & that neither of
them went to service for their maintenance but the ??
41) Christian who being fit for service and the said copyhold
Estate being not enough to maintain the said Priscilla this
defendant and the said complainants this defendant saith that
the said Christian might live as a servant for two or three
years with one Mr Andrew Crip..
42) a relation and this defendant saith that during the lifetime
of the said Robert Burchell which was about eight years after
the death of this defendants said father he this defendant did
not intermeddle or concern himself with the management of ??
43) of the estate left by his this defendant's said father &
that after the death of the said Robert Burchell the said
Priscilla took to what remained of his this defendants said
fathers estate & managed the same for three years & then some
dispute & difference
44) arising between the said Priscilla and this defendant the
same was by them submitted to the award of one Mr John Brunsden
since deceased then minister of Winterbourn Monckton in the
County of Wilts who on or about the third day of July
45) one thousand seven hundred and sixteen made his award and
thereby awarded & ordered this defendant to pay to the said
Priscilla sixty two pounds five shillings and to give her the
said Priscilla a Bond of the penalty of one hundred pounds for
payment of seven pounds p. ann.
46) to the said Priscilla during her life by quarterly payments
free of all taxes & to pay all the just debts of the said
William Caswell this defendants father and that uponpayment of
the said sixty two pounds & five shillings & giving the said
Bond the said Priscilla should deliver to the
47) defendant for his own use all household goods Corn Cattle
Waggons Ploughs Carts Utensils & Implements of husbandry
whatsoever (^of) her the said Priscilla and of her late deceased
husbands William Caswell (^ except her wearing apparel) & should
give this defendant a Bond of the penalty of
48) three hundred pounds peaceably & quietly to have hold use
occupy possess & enjoy the rents issues and profits of the said
copyhold estate at Cherhill then held by the said Priscilla for
her widowhood free from all encumbrances except the paym..
49) of seven pounds a year to the said Priscilla and that she
the said Priscilla should do no act to hinder this defendants
peaceable enjoying thereof or to determine her estate therein &
that general? releases should be executed when the said award
was complied with as in and by
50) the said award now remaining in his this defendantscustody
& to which this defendant for greater certainty craves leave to
refer himself will more at large appear and this defendant saith
that before he took to the said goods pursuant to the said award
the same were inventoried
51) & appraised by Thomas Ponting (^ then) of Avebury aforesaid
since deceased and Richard Caswell now of Rowde in the said
county of Wilts yeoman And that he hath set forth in a schedule
hereunto annexed entitled a Schedule A true? copy of thesaid
52) Inventory which this defendant humbly prays may be taken as
part of his this defendants answer And this defendant saith that
he paid the said Priscilla Forty two pounds ?? she accepted in
full? of the said sixty two pounds and that he this (^defendant
in all things ?? complied ) with the said award And that he this
defendant
53) hath also paid the said complainant Robert Caswell one
hundred and fifty pounds and a debt of his father of sixty eight
pounds to one Roger Hule? since the said award and hath ??in
full the said Priscilla and hath paid several other sums of
money debts due from his ?? father amounting..
54) forty pounds and upwards But this defendant doth expressly
deny that he ever with or without the said Robert Burchall had
the
55) management of his said fathers estate till after the death
of the said Robert Burchall and making the award as aforesaid
and this defendant saith that he believes the said Robert
Burchell might die about the time for that purpose in the Bill
56) mentioned but this defendant doth not know whether he made
any will or not nor who took out letters of Administration to
his effects or what he died worth or who possessed himself of
his effects but this defendant believes the said Robert Burchell
57) died much in debt for that this defendants said father was
surety for the said Robert Burchell to one Roger Hule? of
Cherhill aforesaid for seventy pounds (^ sixty eight pounds of)
which moneys this defendant hath paid (^ as aforesaid) being
forced so to do since the said Robert Burc...
58) death but this defendant doth not know to whom the said
Robert Burchall owed any other money or anything whatsoever
concerning his affairs and this defendant further answering
saith that all the legacies given in specie to the said
complainants Robert.
59) Christian Susannah and Mary have been delivered & all other
legacies paid except the one hundred pounds apiece to the said
complainants Susannah Christian and Mary which cannot yet be
paid for that ....
60) Calne? into hands and so no profit nor benefit has accrued
as yet to this defendant out of the said freehold estate (^save
the ?? of and for ?? said estate which is four and forty
shillings a year) & this defendant further saith that he hath
paid the complainant Robert Caswell his legacy and that he the
said Robert on or about the one and thirtieth day of October
1721 only? sealed and......
61) a release to this defendant in the presence of John Townsend
and Elizabeth Townsend both of Cherhill aforesaid and that the
said complainant Christian is also paid all legacies and money
due to her except the said one hundred pounds to be raised out
of the rents of the said estate in Avebury and that the said
Christian ??...
62) & executed a release to that defendant dated the five and
twentieth day of March 1718 in the presence of the said John
Townsend and Michael Caswell of the Devizes in the said Co of
Wilts Tallow Chandler and further saith that the said
complainant? William Vivash is pd ..and satisfied? ..
63) & sums of money except the said one hundred pounds given and
du to his wife and that he the said complainant William did on
the said five and twentieth day of March 1718 duly seal and
execute a release in the right of the said Susannah his wife to
this defendant in the presence of Anne Fl?...
64) both of Calne to all which said releases now in this
defendants custody this defendant for more certainty humbly
(^craves) leave to refer himself and this (^defendant) further
saith that the said Priscilla pursuant to the said award did on
or about the second day of August 1716 give this defendant Bond
for ??
65) enjoyment of the said copyhold estate during her natural
life which bond this defendant hath in his custody and is ready
to produce the same as this honourable court shall direct and
this defendant doth expressly deny that he ever concealed any
part of the estate of his dec'd father ....
66) pretended that his said late father died intestate or that
he never saw his said fathers will or the said award and doth
deny that he or any by his order privity? consent of approbation
hath or ever had any bond note or writing whatsoever relating to
touching or .... concerning
67) the said copyhold estate made by or between the said
Priscilla and the said William Caswell deceased? before their
intermarriage or that he this defendant ever burnt cancelled or
destroyed the same or any other writing whatsoever relating
thereto or that he hath any other writings
68) whatsoever which? were? the? said
......................................And this defendantdoth
deny all ............ and conspiracy? with? any person
whatsoever .....that any other ....matter...thing in the
complainants' said bill of complaint contained
69) material and effectual? for this defendant to makeanswer
unto and not herein ?? and differently? answered unto..........
all which matters and things are true? as this defendant is
ready aver maintain & prove? as this honourable court shall
award and therefore humbly ..................in this
70)...........wrongfully sustained.
Separate page:
The schedule in the defendants' answer referred to
An Inventory of William Caswell's goods
33 couples of Ewes and Lambs 17-06-6
28 Tags 8-08-0
40 Wethers and Barren Ewes 17-10-0
10 Two tooth sheep 3-05-0
2 two year old beasts 3-15-0
2 yearling beasts 2-10-0
2 milk beasts 6-00-0
2 cows as have not calves 6-00-0
3 cows and calves 10-00-0
1 cow sold at Calne fair 3-00-0
2 pigs 2-15-0
A wagon 1-10-0
A dungpot and cart 4-00-0
A sullow and tarplin belonging to it 0-09-0
3 Harrows and drag and roller 1-02-6
A Rick Stavel 1-00-0
for hay and thatches 1-10-0
8 quarters of wheat in the barn at 4/6 the bushel 14-08-0
5 horses and harness 32-10-0
1 wagon 8-00-0
22 acres 1/2 wheat in the field 56-05-0
12 acres 1/2 barley in the field 21-16-0
2 acres 1/2 thatches in the field 5-00-0
1acre pease in the field 1-10-0
[blank] 2-10-0
232-00-0
Notes: 4) "fee simple" is an unconditional inheritance. 12)The
wife referred to here must surely be Catherine. 58) "inspecie"
means "in coin" 60) the first word in this line looks like falne
and so could be "fallen" (which might make a little sense)
instead of Calne. It is certainly a differently shaped "C" to
theat used elsewhere if Calne is meant.
Presentments of the juries for the hundreds.
William Caswell of West Kennett.
Selkeley Grand Jury West Kennett.
Wm. Caswell of West Kennett, highways - M1735 respited to next, received fees.
H1735, appeared, fined 6d & discharged.
East & West Kennett, Wm. Caswell Gentleman
Freehold Book. The listing allows him to serve on a jury.
William died intestate and his wife signed a bond in 1740.Robart Casswell also signed the bond.
William's baptism record was found in the Cherhill Baptisms records Bundle # 1 1660 to 1696
Document # 3
The Reply of WILLIAM CASSWELL (Jr)
The several answer of William Caswell one? of thedefendants to
the Bill of Complaint of Richard Pope & Christian his Wife
William Vivash & Susannah his wife Robert Caswell & Mary Caswell
an Infant by the said Robert Caswell her next friend (or procheine Amie) Complainants
1) This defendant now & at all times hereafter saving and
reserving to himself all and all manner of benefit andadvantage
of Exception to be anyways had or taken to the manifoldErrors
uncertainties Imperfections and
2) untruths in the complainants' said Bill of Complaint
contained for a true full and perfect answer thereto or to so
much thereof as materially concerns him this defendant as he is
advised to answer he this defendant
3) answereth saith that William Caswell deceased in the Bill
named father of this defendant and of the complainants Christian
Pope & Susannah Vivash Robert & Mary Caswell did die seized &
possessed of a copyhold estate
4) lying in Cherhill in the County of Wilts of the yearly value
of six and twenty pounds & (^ so?) now let to the complainant
Robert Caswell and also that the said William Caswell died
seized of the reversion in ?fee simple of?
5) an estate of the yearly value of sixty pounds or thereabouts
situate in Avebury in the said county of Wilts after the decease
of Alice Bray now of Avebury aforesaid Widow & (^Fry? of the
City of London) who are yet living which were all the
6) copyhold and freehold estates and lands whereof the said
William Caswell died seized or possessed to the knowledge or
belief of this defendant further (^saith) that the said William
Caswell did not die intituled to or possessed of any?
7) Leasehold Estate for years or for any absolute number of
years determinable upon one two or three lives or otherwise
howsoever to the knowledge or belief of this defendant and this
defendant saith that the said William Caswell
8) his father left five children living at the time of his death
as in the said Bill of Complaint is set forth and this defendant
believes that his said father William Caswell might on or about
the time for that purpose in the Bill
9) mentioned make his last will and testament and thereby give &
bequeath to the said complainant Robert Caswell one hundred and
fifty pounds to be paid to him at the time for that purpose in
the bill mentioned & devised to his three daughters
10) the complainants Christian Susannah and Mary one hundred
pounds apiece to be raised out of the rents of his freehold
estate at Avebury as soon as might be by his executors &
appointed that if either of his said daughters
11) happened to die before her legacy became ?? payable that
then the legacy of such daughter dying should remain to the
survivors or survivor of them the said daughters and gave to
each of his children a silver
12) spoon and to the complainant Susannah a silver porringer and
to his said three daughters Christian Susannah and Mary all his
wives wearing apparel & rings to be equally divided between them
and gave to this defendant his
13) best bed and furniture and all his other beds and furniture
amongst his four younger children the complainants (^Christian
Susannah Robert and Mary) and gave his freehold estate at
Avebury to this defendant and his heirs for ever chargeable
with? three hundred
14) pounds to be raised out of the same for his (^ this
defendants) sisters as aforesaid by his executors therein
afternamed and the rest of his goods and chattels after his
debts and funeral expenses were raised he willed and devised to
Peter Young
15) of Cherhill yeoman Walter Foreman of Calne mercer Robert
Burchall of Compton Bassett yeoman since deceased and Clement
Burchall of Compton Bassett clothier in sure trust and
confidence nevertheless that
16) they and the survivors and survivors of them should with his
said goods chattels and credits breed up and educate his said
children during their minority and the overplus to be divided
amongst his said children over whom he appointed
17) them the said Peter Young Walter Foreman Robert Burchall and
Clement Burchall (^ and every of them guardians and joint)
executors as in and by the said last will and Testament relation
being thereunto had it doth may and will more fully and at
18) large appear and this defendant saith that the said William
Caswell his late father died shortly after making the said will
and this defendant hath swore that the said Robert Burchall one
of the executors and trustees in the said
19) will named after the death of the said William Caswell (viz)
about the second day of August one thousand seven hundred and
seven proved the said will in common form in the peculiar
ecclesiastical court belonging
20) to the Dean of Sarum for that purpose as in and by the said
will & probate thereof relation being thereunto had it doth may
and will more fully and at large appear and (^this) defendant
saith that he doth not know
21) whether the said Robert Burchall did at the time of the
probate of the said William Caswell's will or at any time after
exhibits into the court of the said Dean of Sarum aninventory
of the goods chattels & estate whereof
22) the said William Caswell died possessed but his defendant
saith that he hath heard that an inventory was taken of his said
fathers estate and that the same amounted to three hundred and
thirty pounds or thereabouts
23) but the p'ticulars thereof he this defendant cannot set
forth he not having nor ever having had the said inventory in
his custody or power nor can this defendant set forth who
appraised the said goods or whether there
24) (^were) omissions or undervaluations therein And this
defendant further answering saith that he knows not whether any
or what agreement was made between the said William Caswell
deceased and Priscilla his widow
25) antecedent to their marriage nor upon what considerations
such agreement if any was made or that by such agreement the
said Priscilla was to have only the yearly sum or income of
seven pounds p. Ann. and that the
26) Executors and trustees of the said William Caswell deceased
should have and take all the residue and remainder of his the
said William's estate for the benefit of his the said Williams
children according to his will and
27) that the said Priscilla should not intermarry or do any act
to forfeit the copyhold premises or that she the said Priscilla
should enter into a bond of the penalty of one hundred pounds
for the due? performance of the
28) premises neither doth this defendant know that the said
Priscilla did accordingly enter into such Bond to the said
Robert Burchall deceased or any other person whatsoever or that
the said Bond was duly executed but this
29) defendant saith he hath heard there was some Bond or
Agreement entered into by the said Priscilla before her
intermarriage with the said William Caswell (^deceased) butwhat
the penalty of the said Bond was or when
30) the same was dated or what the condition thereof was or whom
the same was entered into or who were witnesses to the execution
thereof or where or in whose custody the same now is or ever was
this
31) defendant is wholly ignorant & knows not for that he this
defendant to his knowledge or belief never saw the said Bond or
Agreement nor ever heard the same read neither hath or ever had
this defendant the said Bond or Agreement
32) in his custody or power and this defendant saith he hath
heard and believes that the said William Caswell his this
defendants late father died the third day of August which was in
the year of Our Lord One thousand
33) seven hundred and six xx and that the said Priscilla and
this defendant and the complainants his brother Robert and
sisters Christian Susanna and Mary were all in the house
34) at Cherhill when their father the said William died but this
defendant saith that he was then very young not above fourteen
years of age & doth not know whether all or any deeds or
writings or evidences
35) relating to the said fathers freehold or copyhold estate
were then in the said house or whether the bond in particular
entered into by the said Priscilla or any other bonds were also
in the said house
36) but this defendant doth absolutely deny that he then or at
any time since ever possessed himself of the said Bond entered
into by the said Priscilla (^or) of any other writings
whatsoever but believes the said Robert
37) Burchall or Clement Burchall on of the trustees or executors
of this defendants said father might posses himself of the said
writings for that the said Clement Burchall since this said
defendant came of age (viz) about seven
38) years since in February last delivered the writings relating
to the title of the said freehold estate at Avebury to this
Defendant as heir at Law to the said William Caswell his father
which writing this defendant hath
39) in his custody and power & humbly insists the same belong to
him (^and) this defendant saith that after the death of the said
William Caswell this defendants said father the said Priscilla
and this defendant & the complainants Robert Christian Susannah
and Mary lived?
40) together for about ten years with the said Priscilla and
were maintained by her out of the said copyhold estate & were
kindly used & not in a rude or unkind manner & that neither of
them went to service for their maintenance but the ??
41) Christian who being fit for service and the said copyhold
Estate being not enough to maintain the said Priscilla this
defendant and the said complainants this defendant saith that
the said Christian might live as a servant for two or three
years with one Mr Andrew Crip..
42) a relation and this defendant saith that during the lifetime
of the said Robert Burchell which was about eight years after
the death of this defendants said father he this defendant did
not intermeddle or concern himself with the management of ??
43) of the estate left by his this defendant's said father &
that after the death of the said Robert Burchell the said
Priscilla took to what remained of his this defendants said
fathers estate & managed the same for three years & then some
dispute & difference
44) arising between the said Priscilla and this defendant the
same was by them submitted to the award of one Mr John Brunsden
since deceased then minister of Winterbourn Monckton in the
County of Wilts who on or about the third day of July
45) one thousand seven hundred and sixteen made his award and
thereby awarded & ordered this defendant to pay to the said
Priscilla sixty two pounds five shillings and to give her the
said Priscilla a Bond of the penalty of one hundred pounds for
payment of seven pounds p. ann.
46) to the said Priscilla during her life by quarterly payments
free of all taxes & to pay all the just debts of the said
William Caswell this defendants father and that uponpayment of
the said sixty two pounds & five shillings & giving the said
Bond the said Priscilla should deliver to the
47) defendant for his own use all household goods Corn Cattle
Waggons Ploughs Carts Utensils & Implements of husbandry
whatsoever (^of) her the said Priscilla and of her late deceased
husbands William Caswell (^ except her wearing apparel) & should
give this defendant a Bond of the penalty of
48) three hundred pounds peaceably & quietly to have hold use
occupy possess & enjoy the rents issues and profits of the said
copyhold estate at Cherhill then held by the said Priscilla for
her widowhood free from all encumbrances except the paym..
49) of seven pounds a year to the said Priscilla and that she
the said Priscilla should do no act to hinder this defendants
peaceable enjoying thereof or to determine her estate therein &
that general? releases should be executed when the said award
was complied with as in and by
50) the said award now remaining in his this defendantscustody
& to which this defendant for greater certainty craves leave to
refer himself will more at large appear and this defendant saith
that before he took to the said goods pursuant to the said award
the same were inventoried
51) & appraised by Thomas Ponting (^ then) of Avebury aforesaid
since deceased and Richard Caswell now of Rowde in the said
county of Wilts yeoman And that he hath set forth in a schedule
hereunto annexed entitled a Schedule A true? copy of thesaid
52) Inventory which this defendant humbly prays may be taken as
part of his this defendants answer And this defendant saith that
he paid the said Priscilla Forty two pounds ?? she accepted in
full? of the said sixty two pounds and that he this (^defendant
in all things ?? complied ) with the said award And that he this
defendant
53) hath also paid the said complainant Robert Caswell one
hundred and fifty pounds and a debt of his father of sixty eight
pounds to one Roger Hule? since the said award and hath ??in
full the said Priscilla and hath paid several other sums of
money debts due from his ?? father amounting..
54) forty pounds and upwards But this defendant doth expressly
deny that he ever with or without the said Robert Burchall had
the
55) management of his said fathers estate till after the death
of the said Robert Burchall and making the award as aforesaid
and this defendant saith that he believes the said Robert
Burchell might die about the time for that purpose in the Bill
56) mentioned but this defendant doth not know whether he made
any will or not nor who took out letters of Administration to
his effects or what he died worth or who possessed himself of
his effects but this defendant believes the said Robert Burchell
57) died much in debt for that this defendants said father was
surety for the said Robert Burchell to one Roger Hule? of
Cherhill aforesaid for seventy pounds (^ sixty eight pounds of)
which moneys this defendant hath paid (^ as aforesaid) being
forced so to do since the said Robert Burc...
58) death but this defendant doth not know to whom the said
Robert Burchall owed any other money or anything whatsoever
concerning his affairs and this defendant further answering
saith that all the legacies given in specie to the said
complainants Robert.
59) Christian Susannah and Mary have been delivered & all other
legacies paid except the one hundred pounds apiece to the said
complainants Susannah Christian and Mary which cannot yet be
paid for that ....
60) Calne? into hands and so no profit nor benefit has accrued
as yet to this defendant out of the said freehold estate (^save
the ?? of and for ?? said estate which is four and forty
shillings a year) & this defendant further saith that he hath
paid the complainant Robert Caswell his legacy and that he the
said Robert on or about the one and thirtieth day of October
1721 only? sealed and......
61) a release to this defendant in the presence of John Townsend
and Elizabeth Townsend both of Cherhill aforesaid and that the
said complainant Christian is also paid all legacies and money
due to her except the said one hundred pounds to be raised out
of the rents of the said estate in Avebury and that the said
Christian ??...
62) & executed a release to that defendant dated the five and
twentieth day of March 1718 in the presence of the said John
Townsend and Michael Caswell of the Devizes in the said Co of
Wilts Tallow Chandler and further saith that the said
complainant? William Vivash is pd ..and satisfied? ..
63) & sums of money except the said one hundred pounds given and
du to his wife and that he the said complainant William did on
the said five and twentieth day of March 1718 duly seal and
execute a release in the right of the said Susannah his wife to
this defendant in the presence of Anne Fl?...
64) both of Calne to all which said releases now in this
defendants custody this defendant for more certainty humbly
(^craves) leave to refer himself and this (^defendant) further
saith that the said Priscilla pursuant to the said award did on
or about the second day of August 1716 give this defendant Bond
for ??
65) enjoyment of the said copyhold estate during her natural
life which bond this defendant hath in his custody and is ready
to produce the same as this honourable court shall direct and
this defendant doth expressly deny that he ever concealed any
part of the estate of his dec'd father ....
66) pretended that his said late father died intestate or that
he never saw his said fathers will or the said award and doth
deny that he or any by his order privity? consent of approbation
hath or ever had any bond note or writing whatsoever relating to
touching or .... concerning
67) the said copyhold estate made by or between the said
Priscilla and the said William Caswell deceased? before their
intermarriage or that he this defendant ever burnt cancelled or
destroyed the same or any other writing whatsoever relating
thereto or that he hath any other writings
68) whatsoever which? were? the? said
......................................And this defendantdoth
deny all ............ and conspiracy? with? any person
whatsoever .....that any other ....matter...thing in the
complainants' said bill of complaint contained
69) material and effectual? for this defendant to makeanswer
unto and not herein ?? and differently? answered unto..........
all which matters and things are true? as this defendant is
ready aver maintain & prove? as this honourable court shall
award and therefore humbly ..................in this
70)...........wrongfully sustained.
Separate page:
The schedule in the defendants' answer referred to
An Inventory of William Caswell's goods
33 couples of Ewes and Lambs 17-06-6
28 Tags 8-08-0
40 Wethers and Barren Ewes 17-10-0
10 Two tooth sheep 3-05-0
2 two year old beasts 3-15-0
2 yearling beasts 2-10-0
2 milk beasts 6-00-0
2 cows as have not calves 6-00-0
3 cows and calves 10-00-0
1 cow sold at Calne fair 3-00-0
2 pigs 2-15-0
A wagon 1-10-0
A dungpot and cart 4-00-0
A sullow and tarplin belonging to it 0-09-0
3 Harrows and drag and roller 1-02-6
A Rick Stavel 1-00-0
for hay and thatches 1-10-0
8 quarters of wheat in the barn at 4/6 the bushel 14-08-0
5 horses and harness 32-10-0
1 wagon 8-00-0
22 acres 1/2 wheat in the field 56-05-0
12 acres 1/2 barley in the field 21-16-0
2 acres 1/2 thatches in the field 5-00-0
1acre pease in the field 1-10-0
[blank] 2-10-0
232-00-0
Notes: 4) "fee simple" is an unconditional inheritance. 12)The
wife referred to here must surely be Catherine. 58) "inspecie"
means "in coin" 60) the first word in this line looks like falne
and so could be "fallen" (which might make a little sense)
instead of Calne. It is certainly a differently shaped "C" to
theat used elsewhere if Calne is meant.
Document # 3
The Reply of WILLIAM CASSWELL (Jr)
The several answer of William Caswell one? of thedefendants to
the Bill of Complaint of Richard Pope & Christian his Wife
William Vivash & Susannah his wife Robert Caswell & Mary Caswell
an Infant by the said Robert Caswell her next friend (or procheine Amie) Complainants
1) This defendant now & at all times hereafter saving and
reserving to himself all and all manner of benefit andadvantage
of Exception to be anyways had or taken to the manifoldErrors
uncertainties Imperfections and
2) untruths in the complainants' said Bill of Complaint
contained for a true full and perfect answer thereto or to so
much thereof as materially concerns him this defendant as he is
advised to answer he this defendant
3) answereth saith that William Caswell deceased in the Bill
named father of this defendant and of the complainants Christian
Pope & Susannah Vivash Robert & Mary Caswell did die seized &
possessed of a copyhold estate
4) lying in Cherhill in the County of Wilts of the yearly value
of six and twenty pounds & (^ so?) now let to the complainant
Robert Caswell and also that the said William Caswell died
seized of the reversion in ?fee simple of?
5) an estate of the yearly value of sixty pounds or thereabouts
situate in Avebury in the said county of Wilts after the decease
of Alice Bray now of Avebury aforesaid Widow & (^Fry? of the
City of London) who are yet living which were all the
6) copyhold and freehold estates and lands whereof the said
William Caswell died seized or possessed to the knowledge or
belief of this defendant further (^saith) that the said William
Caswell did not die intituled to or possessed of any?
7) Leasehold Estate for years or for any absolute number of
years determinable upon one two or three lives or otherwise
howsoever to the knowledge or belief of this defendant and this
defendant saith that the said William Caswell
8) his father left five children living at the time of his death
as in the said Bill of Complaint is set forth and this defendant
believes that his said father William Caswell might on or about
the time for that purpose in the Bill
9) mentioned make his last will and testament and thereby give &
bequeath to the said complainant Robert Caswell one hundred and
fifty pounds to be paid to him at the time for that purpose in
the bill mentioned & devised to his three daughters
10) the complainants Christian Susannah and Mary one hundred
pounds apiece to be raised out of the rents of his freehold
estate at Avebury as soon as might be by his executors &
appointed that if either of his said daughters
11) happened to die before her legacy became ?? payable that
then the legacy of such daughter dying should remain to the
survivors or survivor of them the said daughters and gave to
each of his children a silver
12) spoon and to the complainant Susannah a silver porringer and
to his said three daughters Christian Susannah and Mary all his
wives wearing apparel & rings to be equally divided between them
and gave to this defendant his
13) best bed and furniture and all his other beds and furniture
amongst his four younger children the complainants (^Christian
Susannah Robert and Mary) and gave his freehold estate at
Avebury to this defendant and his heirs for ever chargeable
with? three hundred
14) pounds to be raised out of the same for his (^ this
defendants) sisters as aforesaid by his executors therein
afternamed and the rest of his goods and chattels after his
debts and funeral expenses were raised he willed and devised to
Peter Young
15) of Cherhill yeoman Walter Foreman of Calne mercer Robert
Burchall of Compton Bassett yeoman since deceased and Clement
Burchall of Compton Bassett clothier in sure trust and
confidence nevertheless that
16) they and the survivors and survivors of them should with his
said goods chattels and credits breed up and educate his said
children during their minority and the overplus to be divided
amongst his said children over whom he appointed
17) them the said Peter Young Walter Foreman Robert Burchall and
Clement Burchall (^ and every of them guardians and joint)
executors as in and by the said last will and Testament relation
being thereunto had it doth may and will more fully and at
18) large appear and this defendant saith that the said William
Caswell his late father died shortly after making the said will
and this defendant hath swore that the said Robert Burchall one
of the executors and trustees in the said
19) will named after the death of the said William Caswell (viz)
about the second day of August one thousand seven hundred and
seven proved the said will in common form in the peculiar
ecclesiastical court belonging
20) to the Dean of Sarum for that purpose as in and by the said
will & probate thereof relation being thereunto had it doth may
and will more fully and at large appear and (^this) defendant
saith that he doth not know
21) whether the said Robert Burchall did at the time of the
probate of the said William Caswell's will or at any time after
exhibits into the court of the said Dean of Sarum aninventory
of the goods chattels & estate whereof
22) the said William Caswell died possessed but his defendant
saith that he hath heard that an inventory was taken of his said
fathers estate and that the same amounted to three hundred and
thirty pounds or thereabouts
23) but the p'ticulars thereof he this defendant cannot set
forth he not having nor ever having had the said inventory in
his custody or power nor can this defendant set forth who
appraised the said goods or whether there
24) (^were) omissions or undervaluations therein And this
defendant further answering saith that he knows not whether any
or what agreement was made between the said William Caswell
deceased and Priscilla his widow
25) antecedent to their marriage nor upon what considerations
such agreement if any was made or that by such agreement the
said Priscilla was to have only the yearly sum or income of
seven pounds p. Ann. and that the
26) Executors and trustees of the said William Caswell deceased
should have and take all the residue and remainder of his the
said William's estate for the benefit of his the said Williams
children according to his will and
27) that the said Priscilla should not intermarry or do any act
to forfeit the copyhold premises or that she the said Priscilla
should enter into a bond of the penalty of one hundred pounds
for the due? performance of the
28) premises neither doth this defendant know that the said
Priscilla did accordingly enter into such Bond to the said
Robert Burchall deceased or any other person whatsoever or that
the said Bond was duly executed but this
29) defendant saith he hath heard there was some Bond or
Agreement entered into by the said Priscilla before her
intermarriage with the said William Caswell (^deceased) butwhat
the penalty of the said Bond was or when
30) the same was dated or what the condition thereof was or whom
the same was entered into or who were witnesses to the execution
thereof or where or in whose custody the same now is or ever was
this
31) defendant is wholly ignorant & knows not for that he this
defendant to his knowledge or belief never saw the said Bond or
Agreement nor ever heard the same read neither hath or ever had
this defendant the said Bond or Agreement
32) in his custody or power and this defendant saith he hath
heard and believes that the said William Caswell his this
defendants late father died the third day of August which was in
the year of Our Lord One thousand
33) seven hundred and six xx and that the said Priscilla and
this defendant and the complainants his brother Robert and
sisters Christian Susanna and Mary were all in the house
34) at Cherhill when their father the said William died but this
defendant saith that he was then very young not above fourteen
years of age & doth not know whether all or any deeds or
writings or evidences
35) relating to the said fathers freehold or copyhold estate
were then in the said house or whether the bond in particular
entered into by the said Priscilla or any other bonds were also
in the said house
36) but this defendant doth absolutely deny that he then or at
any time since ever possessed himself of the said Bond entered
into by the said Priscilla (^or) of any other writings
whatsoever but believes the said Robert
37) Burchall or Clement Burchall on of the trustees or executors
of this defendants said father might posses himself of the said
writings for that the said Clement Burchall since this said
defendant came of age (viz) about seven
38) years since in February last delivered the writings relating
to the title of the said freehold estate at Avebury to this
Defendant as heir at Law to the said William Caswell his father
which writing this defendant hath
39) in his custody and power & humbly insists the same belong to
him (^and) this defendant saith that after the death of the said
William Caswell this defendants said father the said Priscilla
and this defendant & the complainants Robert Christian Susannah
and Mary lived?
40) together for about ten years with the said Priscilla and
were maintained by her out of the said copyhold estate & were
kindly used & not in a rude or unkind manner & that neither of
them went to service for their maintenance but the ??
41) Christian who being fit for service and the said copyhold
Estate being not enough to maintain the said Priscilla this
defendant and the said complainants this defendant saith that
the said Christian might live as a servant for two or three
years with one Mr Andrew Crip..
42) a relation and this defendant saith that during the lifetime
of the said Robert Burchell which was about eight years after
the death of this defendants said father he this defendant did
not intermeddle or concern himself with the management of ??
43) of the estate left by his this defendant's said father &
that after the death of the said Robert Burchell the said
Priscilla took to what remained of his this defendants said
fathers estate & managed the same for three years & then some
dispute & difference
44) arising between the said Priscilla and this defendant the
same was by them submitted to the award of one Mr John Brunsden
since deceased then minister of Winterbourn Monckton in the
County of Wilts who on or about the third day of July
45) one thousand seven hundred and sixteen made his award and
thereby awarded & ordered this defendant to pay to the said
Priscilla sixty two pounds five shillings and to give her the
said Priscilla a Bond of the penalty of one hundred pounds for
payment of seven pounds p. ann.
46) to the said Priscilla during her life by quarterly payments
free of all taxes & to pay all the just debts of the said
William Caswell this defendants father and that uponpayment of
the said sixty two pounds & five shillings & giving the said
Bond the said Priscilla should deliver to the
47) defendant for his own use all household goods Corn Cattle
Waggons Ploughs Carts Utensils & Implements of husbandry
whatsoever (^of) her the said Priscilla and of her late deceased
husbands William Caswell (^ except her wearing apparel) & should
give this defendant a Bond of the penalty of
48) three hundred pounds peaceably & quietly to have hold use
occupy possess & enjoy the rents issues and profits of the said
copyhold estate at Cherhill then held by the said Priscilla for
her widowhood free from all encumbrances except the paym..
49) of seven pounds a year to the said Priscilla and that she
the said Priscilla should do no act to hinder this defendants
peaceable enjoying thereof or to determine her estate therein &
that general? releases should be executed when the said award
was complied with as in and by
50) the said award now remaining in his this defendantscustody
& to which this defendant for greater certainty craves leave to
refer himself will more at large appear and this defendant saith
that before he took to the said goods pursuant to the said award
the same were inventoried
51) & appraised by Thomas Ponting (^ then) of Avebury aforesaid
since deceased and Richard Caswell now of Rowde in the said
county of Wilts yeoman And that he hath set forth in a schedule
hereunto annexed entitled a Schedule A true? copy of thesaid
52) Inventory which this defendant humbly prays may be taken as
part of his this defendants answer And this defendant saith that
he paid the said Priscilla Forty two pounds ?? she accepted in
full? of the said sixty two pounds and that he this (^defendant
in all things ?? complied ) with the said award And that he this
defendant
53) hath also paid the said complainant Robert Caswell one
hundred and fifty pounds and a debt of his father of sixty eight
pounds to one Roger Hule? since the said award and hath ??in
full the said Priscilla and hath paid several other sums of
money debts due from his ?? father amounting..
54) forty pounds and upwards But this defendant doth expressly
deny that he ever with or without the said Robert Burchall had
the
55) management of his said fathers estate till after the death
of the said Robert Burchall and making the award as aforesaid
and this defendant saith that he believes the said Robert
Burchell might die about the time for that purpose in the Bill
56) mentioned but this defendant doth not know whether he made
any will or not nor who took out letters of Administration to
his effects or what he died worth or who possessed himself of
his effects but this defendant believes the said Robert Burchell
57) died much in debt for that this defendants said father was
surety for the said Robert Burchell to one Roger Hule? of
Cherhill aforesaid for seventy pounds (^ sixty eight pounds of)
which moneys this defendant hath paid (^ as aforesaid) being
forced so to do since the said Robert Burc...
58) death but this defendant doth not know to whom the said
Robert Burchall owed any other money or anything whatsoever
concerning his affairs and this defendant further answering
saith that all the legacies given in specie to the said
complainants Robert.
59) Christian Susannah and Mary have been delivered & all other
legacies paid except the one hundred pounds apiece to the said
complainants Susannah Christian and Mary which cannot yet be
paid for that ....
60) Calne? into hands and so no profit nor benefit has accrued
as yet to this defendant out of the said freehold estate (^save
the ?? of and for ?? said estate which is four and forty
shillings a year) & this defendant further saith that he hath
paid the complainant Robert Caswell his legacy and that he the
said Robert on or about the one and thirtieth day of October
1721 only? sealed and......
61) a release to this defendant in the presence of John Townsend
and Elizabeth Townsend both of Cherhill aforesaid and that the
said complainant Christian is also paid all legacies and money
due to her except the said one hundred pounds to be raised out
of the rents of the said estate in Avebury and that the said
Christian ??...
62) & executed a release to that defendant dated the five and
twentieth day of March 1718 in the presence of the said John
Townsend and Michael Caswell of the Devizes in the said Co of
Wilts Tallow Chandler and further saith that the said
complainant? William Vivash is pd ..and satisfied? ..
63) & sums of money except the said one hundred pounds given and
du to his wife and that he the said complainant William did on
the said five and twentieth day of March 1718 duly seal and
execute a release in the right of the said Susannah his wife to
this defendant in the presence of Anne Fl?...
64) both of Calne to all which said releases now in this
defendants custody this defendant for more certainty humbly
(^craves) leave to refer himself and this (^defendant) further
saith that the said Priscilla pursuant to the said award did on
or about the second day of August 1716 give this defendant Bond
for ??
65) enjoyment of the said copyhold estate during her natural
life which bond this defendant hath in his custody and is ready
to produce the same as this honourable court shall direct and
this defendant doth expressly deny that he ever concealed any
part of the estate of his dec'd father ....
66) pretended that his said late father died intestate or that
he never saw his said fathers will or the said award and doth
deny that he or any by his order privity? consent of approbation
hath or ever had any bond note or writing whatsoever relating to
touching or .... concerning
67) the said copyhold estate made by or between the said
Priscilla and the said William Caswell deceased? before their
intermarriage or that he this defendant ever burnt cancelled or
destroyed the same or any other writing whatsoever relating
thereto or that he hath any other writings
68) whatsoever which? were? the? said
......................................And this defendantdoth
deny all ............ and conspiracy? with? any person
whatsoever .....that any other ....matter...thing in the
complainants' said bill of complaint contained
69) material and effectual? for this defendant to makeanswer
unto and not herein ?? and differently? answered unto..........
all which matters and things are true? as this defendant is
ready aver maintain & prove? as this honourable court shall
award and therefore humbly ..................in this
70)...........wrongfully sustained.
Separate page:
The schedule in the defendants' answer referred to
An Inventory of William Caswell's goods
33 couples of Ewes and Lambs 17-06-6
28 Tags 8-08-0
40 Wethers and Barren Ewes 17-10-0
10 Two tooth sheep 3-05-0
2 two year old beasts 3-15-0
2 yearling beasts 2-10-0
2 milk beasts 6-00-0
2 cows as have not calves 6-00-0
3 cows and calves 10-00-0
1 cow sold at Calne fair 3-00-0
2 pigs 2-15-0
A wagon 1-10-0
A dungpot and cart 4-00-0
A sullow and tarplin belonging to it 0-09-0
3 Harrows and drag and roller 1-02-6
A Rick Stavel 1-00-0
for hay and thatches 1-10-0
8 quarters of wheat in the barn at 4/6 the bushel 14-08-0
5 horses and harness 32-10-0
1 wagon 8-00-0
22 acres 1/2 wheat in the field 56-05-0
12 acres 1/2 barley in the field 21-16-0
2 acres 1/2 thatches in the field 5-00-0
1acre pease in the field 1-10-0
[blank] 2-10-0
232-00-0
Notes: 4) "fee simple" is an unconditional inheritance. 12)The
wife referred to here must surely be Catherine. 58) "inspecie"
means "in coin" 60) the first word in this line looks like falne
and so could be "fallen" (which might make a little sense)
instead of Calne. It is certainly a differently shaped "C" to
theat used elsewhere if Calne is meant.