Historical Manuscripts Commission

Summary report on deeds and papers 14th-18th century

of

Sir William Montagu (d 1706),
Lord Chief Baron of the Exchequer

deposited in the

PUBLIC RECORD OFFICE

(reference: GB-0066-C108)

A Smith, October 1995
Historical Manuscripts Commission


Table of Contents

Access

Introduction

Summary report

   C 108/62

   C 108/63


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Access

Further enquiries about the group of papers summarised in this report should be addressed to the staff of the Public Record Office.

Introduction

Sir William Montagu (died 1706) was the second son of Edward Montagu (1562-1644), first Baron Montagu of Boughton, by his second wife Frances, daughter of Thomas Cotton of Connington (Huntingdonshire). He entered the Middle Temple and was appointed Attorney-General to the Queen in 1662. In 1676 he became Lord Chief Baron of the Exchequer but was dismissed in 1686.

Sir William Montagu married firstly Elizabeth, daughter of Ralph Freeman of Aspenden (Hertfordshire), by whom he had a son Christopher, and secondly Mary, daughter of Sir John Aubrey, by whom he had a son William Montagu the younger and a daughter Elizabeth, who married Sir William Drake of Shardloes (Buckinghamshire).

William Montagu received property, including valuable woodland, at Little Oakley (Northamptonshire) and Seaton (Rutland) from his father but sold the latter in 1646. He seems to have acquired property at Lincoln's Inn Fields and elsewhere is Middlesex as well as in other counties but apparently not to any great extent. He did, however, acquire a lease of the valuable lead mines in the soke and wapentake of Wirksworth (Derbyshire) in 1676.

The records described in this report consist mainly of deeds and papers relating to the properties possessed by Montagu, notably the lead mines at Wirksworth and the woods at Little Oakley, with some items concerning the descent of his father’s estate. There are numbers of miscellaneous papers, including manuscript copies of seventeenth century songs and verses. The records represent part of a rather larger collection of papers known to have been in Montagu’s possession at his death in 1706. The manuscripts here described were exhibited before William Fellows, master in the High Court of Chancery, in 1715 during the course of a lawsuit involving Elizabeth Drake (the widow of Sir William Drake), her husband Samuel Trotman, John Lloyd (an associate of the deceased Sir William Montagu) and Sir John Tyrwhitt (who married Mary, daughter of Sir William Drake). They are preserved in the class known as Chancery Masters’ Exhibits (C 108/62-63) held by the Public Record Office.


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Summary report

C 108/62

Indenture of agreement respecting the jointure of Lady Frances Montagu (second wife of the first Baron Montagu of Boughton) 20 February 1612.

Indenture of agreement between the first Baron Montagu of Boughton and Ralph Freeman, alderman of London, respecting the jointure of Lord Montagu’s prospective third wife Anne, widow of Sir Ralph Hare of Stow Bardolph (Norfolk) 14 February 1625.

Lease by the first Baron Montagu of Boughton to William Montagu, his second son, of the manor of Little Oakley (Northamptonshire) for twenty years 27 September 1639.

Undated draft of the will of the first Baron Montagu of Boughton mid 17th century.

Order by the second Earl of Manchester to all soldiers in the service of King and Parliament forbidding the removal of goods from the house of Anne, Lady Montagu of Boughton, widow of the first Baron, 10 September 1644.

Lease of a mill at Barnwell (Northamptonshire) by Anne, Lady Montagu of Boughton, widow of the first Baron, to Thomas Skinner of Barnwell, miller, 2 May 1645.

Bond of obligation by Thomas Skinner of Barnwell to Anne, Lady Montagu of Boughton 2 May 1645.

Tripartite indenture of sale by William Montagu, esquire, of the Manor of Seaton (Rutland) 20 October 1646.

Receipt by John Bedells of Barnwell (Northamptonshire) to William Montagu, esquire, respecting sums of money owed since the death of the first Baron Montagu of Boughton 20 October 1646.

Release by James Yarway of Boughton (Northamptonshire) to William Montagu, equire, of all debts arising since the death of the first Baron Montagu of Boughton in respect of an annuity charged on Seaton (Rutland) 29 October 1646.

Indenture of release by Sir Christopher Hatton to William Montagu, esquire, of Little Oakley of property at Moulton Park (Northamptonshire) 18 January 1656.

Accounts of Northamptonshire wood sales by William Montagu (‘Young Brockalldale’ underwood) 1685-8 (one volume).

Accounts of Northamptonshire wood sales by William Montagu (Redmore Hall Wood) 1687 (one volume).

Accounts of Northamptonshire wood sales by William Montagu (Old Sallow coppice) 1688 (one volume).

Accounts of Northamptonshire wood sales by William Montagu (Young Sallow coppice) 1690-1 (one volume).

Accounts of Northamptonshire wood sales by William Montagu 1692-3 (one volume).

Accounts of Northamptonshire wood sales by William Montagu (Old Brokesdale coppice) 1695-6 (one volume).

Accounts of Northamptonshire wood sales by William Montagu (Young Brokesdale coppice) 1696-7 (one volume).

Accounts of Northamptonshire wood sales by William Montagu (Redmore Hall Wood, etc) 1699-1700 (one volume).

Accounts of Northamptonshire wood sales by William Montagu 1702-3 (one volume).

Copy of a royal warrant for a further lease of lands in Braydon Forest (Wiltshire) 1666.

Memorandum of a release of all actions, etc, by John Raymond of Ratcliffe (Middlesex) to William Montagu, esquire, 13 January 1659.

Bond by Richard Kirby, draper, of London to Sarah Brett of Tenterden (Kent) 16 February 1659.

Memorandum that John Mitford, surgeon, of Northampton has borrowed £400 from the Dean of St George’s Chapel, Windsor, 3 April 1659.

Deed of release of all debts, etc, by Sarah Brett of Tenterden (Kent) to Thomas Blount of the Inner Temple 29 June 1660.

Indenture of agreement between Richard Kirby, draper, of London and Thomas Blount of the Inner Temple touching property at St Giles-in-the-Fields (Holborn) 20 November 1660.

Bond by Richard Kirby, draper, of London to Thomas Blount of the Inner Temple 1661.

Bond of obligation by John Mitford, surgeon, of Northampton 1668.

Agreement between Samuel Mitford, gentleman, Mary Mitford, his mother, and William Montagu the younger relating to property in Portgual Row, Lincoln’s Inn Fields, 17 July 1680.

Statement of rent paid by William Montagu, esquire, for a house in Lincoln’s Inn Fields 1686-7.

Articles of agreement between Nicholas Barber of London, doctor of physic, and Thomas Norman of St Andrew’s, Holborn, carpenter, for the building of a house 26 June 1689.

Statement of London rents paid by William Montagu 1691-5.

Draft indenture of agreement between Samuel Mitford of Mickleton (Gloucestershire) and William Montagu of Little Oakley (Northamptonshire) relating to property in Portugal Row, Lincoln’s Inn Fields, 1696.

Bill for work done for Mr Milman at his house in Paternoster Row 1699.

Draft indenture of agreement between Samuel Mitford of Mickleton (Gloucestershire) and William Montagu of Little Oakley (Northamptonshire), executor of Montagu Lane, esquire, no date, late 17th century.

Particulars of the manors of Baynards, Pollingford and Summersbury (Surrey) no date, late 17th century.

Bond of obligation by Margaret Watkins of Norton (Radnorshire) 1616.

Particulars of the manor of Barton (Norfolk) 1623.

Rental of the reputed manor of Croft (Lincolnshire), the manor of Little Oakley (Northamptonshire), Sudborough Park (Northamptonshire) and houses in Little Brittany, Aldersgate, c1698.

Indenture of lease from Richard Prowse of New Inn (Middlesex) to Elizabeth, Lady Clifford (widow of Thomas, first Baron Clifford of Chudleigh), and the Rt Hon William Montagu, Lord Chief Baron of the Exchequer, of lead mines in the soke and wapentake of Wirksworth (Derbyshire) for the term of forty years 19 October 1676.

Copy of a lease of lead mines in the soke and wapentake of Wirksworth (Derbyshire) to Mr Vernon 11 June 1651.

Copy of a warrant for Richard Prowse’s lease of the lead mines in the soke and wapentake of Wirksworth (Derbyshire) 31 March 1676.

Legal case and other papers relating to lead mines in the soke and wapentake of Wirksworth (Derbyshire) c1673-1703, including letter from Thomas Bagshawe to William Montagu 1 April 1689, copy of a petition by George Grigson for a lease of the mines 1696, letter from William Lowndes to William Montagu about the office of barmaster at Wirksworth 19 November 1697, letter from Thomas Bagshawe to Mr Lloyd about Grigson’s petition 25 November 1699, memorandum that Mr Bagshawe has not returned the Attorney-General’s report on the lead mines ? 4 January 1701 and a letter addressed to Mr Lloyd at Lincoln’s Inn Fields concerning conditions of a lease 24 January 1703 (c21 items).

Indenture of agreement between Thomas Porter and David Pilcher for the partition of Pinnock’s Marsh, parcel of property called Ladylands in Hooe (Sussex) 4 June 1565.

Bond of obligation by John Porter respecting property (Pinnock’s Marsh, etc) in Hooe (Sussex) 4 June 1565.

Deed by which Thomas Crouche sells to John Wildgose of Salthurst (Sussex) his property called Pinnock’s Marsh (Sussex) 10 December 1566.

Deed of attorney by John Wildgose relating to Pinnock’s Marsh (Sussex) 20 December 1566.

Indenture of agreement by which John Wildgose sells property called Ladylands in Hooe (Sussex) to George May of Burwash (Sussex) and Thomas May his heir 25 May 1575.

Deed of sale between John Wildgose and George and Thomas May relating to property called Ladylands in Hooe (Sussex) 21 June 1575.

Final concords (4) between John Wildgose and George and Thomas May for the property called Ladylands in Hooe (Sussex) Trinity 1575.

Bond of obligation relating to the acquisition by George and Thomas May of property called Palmer’s Lands in ? Hooe (Sussex) 1 October 1580.

Deed of purchase by George and Thomas May respecting property called Palmer’s Lands in ? Hooe (Sussex) 1 October 1580.

Deed by which George and Thomas May acquire property called Hodge Croft (? parcel of Palmer’s Lands in Hooe, Sussex) 19 May 1582.

Final concords (2) respecting Thomas May’s property in Hooe and Pevensey (Sussex) 1597-8.

Deed by which Thomas Brooke of the Middle Temple releases his property called ? Church Fields in Hooe (Sussex) to Thomas Elfick of Seaford (Sussex) 17 May 1615.

Bond of obligation by Thomas Brooke of the Middle Temple to Thomas Elfick of Seaford (Sussex) 1615.

Acquittances, etc, relating to property in Hooe and Pevensey (Sussex) called Palmer’s Lands and Ladylands (purchased from Thomas Elfick) c1625-9 (one bundle).

Bond of obligation by Thomas Elfick 1626.

Bond of obligation by Thomas Elfick relating to property in Hooe (Sussex) 1627.

Release by Thomas Elfick of property called Church Fields in Hooe (Sussex) 3 January 1628.

Accounts (steward’s or agent’s) submitted to William Montagu c1685-7 (one volume).

Inventory of plate no date, late 17th-early 18th century.

Unaddressed letter (? to Mr Lloyd) from William Montagu (‘Sir, I desire you would be pleased to join with me to take up five thousand pounds upon Okely, & in securing Lady Coniston a thousand pounds ...) 12 May 1688.

Memorandum ‘Lloyds declaration as to 200 li pay’d by me in part of the 5000 li due upon his Mortgage’ June 1698.

Miscellaneous financial and related papers of William Montagu, including bond by Hugh Orleton 1623, bond dated 1659, memorandum c1670-9, tailor’s bill 1699, receipt ? 1701, etc, (c14 items).

Letter from George Brome to William Montagu sending an account of what is due from him for his master Sir William Drake 7 March 1701.

Letter to William Montagu at Portugal Row from his neice Bridget Bertie at Waldershare (Kent) relating to her fortune and marriage 9 July 1701, with a related memorandum, no date.

Letter from James Tebbutt to William Montagu ? the younger at Lincoln’s Inn Fields 13 May 1706.

Short business letter to William Montagu from his son (by Mary Aubrey) William Montagu the younger no date, late 17th century.


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C 108/63

Bundle of miscellaneous papers, comprising:

Deed by which John Chisellden, son and heir of Richard Chisellden, lately of Weldon (Northamptonshire) grants to Edward Ireland and Mary, his wife, of Uppingham (Rutland) all his property in Bisbrooke (Rutland) and Seaton and Glaston (Rutland) 16 July 1556;

Indenture by which Christopher Turnworth of Grays Inn releases property (the mansion) in Norton (Radnorshire) 1 October 1617;

Indenture between the first Baron Montagu of Boughton and Lady Anne, his wife, and Ralph Freeman, alderman of London, by which Barnwell Castle (Northamptonshire) is settled for the use of Lady Anne Montagu’s jointure 23 December 1625;

Tripartite indenture between Sir Thomas Coventry, Lord Keeper of the Great Seal, and Peter Prettyman, gentlemen, of Stow Bardolph (Norfolk) on the first part, the first Baron Montagu of Boughton and his wife Anne (late wife of Sir Ralph Hare of Stow Bardolph) on the second part and Ralph Freeman, alderman of London, on the third part whereby Lord and Lady Montagu are granted the manor of Barton Bendish (Norfolk) in survivorship 20 March 1626;

Indenture of agreement between Richard Kirby, draper, of London, Thomas Blant of the Inner Temple and John Mitford, surgeon, of Northampton respecting property (Coppsfield?) at St Giles-in-the-Fields (Holborn) 22 July 1663;

Tripartite indenture between Bruno Ryves, Dean of St George’s Windsor, on the first part, Johnathan Mitford, gentleman, of Redriffe or Rotherhithe (Surrey) and other executors of the late John Mitford of Northampton on the second part and Montagu Lane of St Giles-in-the-Fields respecting property (Coppsfield?) at St Giles-in-the-Filed 13 May 1669;

Copy of an indenture of agreement relating to the leasehold of lead mines in the soke and wapentake of Wirksworth (Derbyshire) 20 December 1670;

Account of sums paid by Mr Fifield to Mr Milman (? rents for Middlesex property) 1699-1702;

Counterpart lease by William Montagu, esquire, to Thomas Bagshawe, gentleman, of Clement’s Inn of a third part of the lead mines in the soke and wapentake of Wirksworth (Derbyshire) for the term of eight years 7 June 1700;

Receipts (4) for taxes and personal payments (? by William Montagu) 1702;

‘Schedule of the deeds, books, papers, accounts and writings belonging to the late Lord Chief Baron Montagu formerly produced ... before ... the High Court of Chancery ...’ 1715.

Further bundle of miscellaneous papers, comprising:

Sudborough Park (Northamptonshire) acquittances 1650;

Survey of profits and duties of the lott and copp of the lead mines and of the barmaster’s office in the soke and wapentake of Wirksworth (Derbyshire) July 1650;

Declaration of trust by Ralph Freeman of Aspenden (Hertfordshire) relating to the lead mines in the soke and wapentake of Wirksworth 16 January 1670;

Indenture by which Ralph Freeman of Aspenden (Hertfordshire) assigns to William Montagu, esquire, of Little Oakley (Northamptonshire) his third part of the lead mines in the soke and wapentake of Wirksworth 11 February 1691;

Letter from Hugh, second Baron Clifford of Chudleigh, to William Montagu 15 April 1691;

Receipts (5) for rents and dues paid to the Duchy of Lancaster by William Montagu and others from the issues of the lead mines in the soke and wapentake of Wirksworth 23 March 1695, 4 November 1696, 26 March 1697, 2 May 1698 and 9 April 1703;

Note of rents and allowances pertaining to the office of barmaster (soke and wapentake of Wirksworth) late 17th century;

Memorandum or case paper relating to the lead mines in the soke and wapentake of Wirksworth late 17th-early 18th century;

Letter from Mr Bagshawe to Mr Lloyd 1 June 1706;

Letter from Mr William Bellamy to Mr Thomas Bagshawe 8 October 1706;

Docket no date.

Bundle of receipts and papers relating to the lead mines in the soke and wapentake of Wirksworth, comprising:

Receipts (23) for rent paid by William Montagu, Lord Clifford of Chudleigh and others to the Duchy of Lancaster 1692-1706;

Miscellaneous accounts 1692;

Bonds and obligations (2) from Thomas Bagshawe to William Montagu 17 May 1699 and 17 June 1700;

Legal case paper after 16 April 1701;

Letter to William Montagu from the second Baron Clifford of Chudleigh 9 September 1703;

Letter from William Bellamy to Thomas Bagshawe at Bakewell (Derbyshire) 1 October 1706;

Petition to the Crown from the grand jury of the barmoot court at Wirksworth no date, c1706.

Bundle of miscellaneous papers, comprising:

‘The effect of the Kings speech ... in Parliament the 19th of February 1623’;

Copy of the King’s speech in the House of Lords 3 November 1640;

‘Sir Benjamin Rudyer his speech in Parliament 1640’ (2 copies);

House of Commons speech, ‘Mr Rose touching Religion’;

Case paper relating to a Suffolk election (Sir Samuel Barnardiston v Sir William Soane);

Copy of R Phellipp’s petition to the Attorney General respecting the lead mines in the soke and wapentake of Wirksworth 24 May 1688;

Legal case paper relating to the Wirksworth lead mines no date, c1700;

'Copy of Mr Auditor Bellamyes Report as drawn for perusall and approval by Sir John Mountague & Mr Eyre’ (relates to the Wirksworth lead mines) no date, c1700.

Bundle of MS versions of verses and songs mid 17th century, including one beginning ‘My mind to mee a kingdome is, Such perfect Joyes therein I find, that it excells all other bliss ...’, another beginning ‘As I about the towne did walke, I heard the people how they talke, of the brave Parliament. Some praise the Lords, and some the Scotts, Some thinke that they have further plotts, some blame the government ...’ and a third beginning ‘Greate Verulam is very lame ...’, with a copy of a long letter on devotional subjects from Justinian Isham of Lamport (Northamptonshire) to an unknown correspondent 23 January 1639.

Rent accounts due to William Montagu (? for London property) 1699-1702 (2 volumes and loose papers in a bundle).

Bundle containing two deeds, as follows:

Indenture of agreement by which William Montagu of Little Oakley (Northamptonshire) buys from his brother Roger Montagu, citizen of London, all his rights in the woodlands at Brigstock in the Forest of Rockingham 20 February 1608;

Indenture of agreement between William Montagu of Little Oakley and Edward Craft, servant of the first Baron Montagu of Boughton dec’d, by which Edward Craft’s annuity on Seaton (Rutland) is transferred to Sudborough Park, William Montagu having been granted Seaton in the will of the late first Baron Montagu, 18 January 1648.

Licence from William, third Earl of Pembroke, to the first Baron Montagu of Boughton to take and sell wood at Brockhall Dale in the forest of Rockingham (Northamptonshire) 4 December 1629 (in a small box).

Indenture of acquittance from Montagu Brookes, gentleman, of Barnwell (Northamptonshire) and others to William Montagu of Little Oakley respecting sums of money granted by the will of the first Baron Montagu of Boughton 29 October 1646.

‘Sudborough Allowances 1649’ (receipts for annuities charged on Sudborough Park October 1649).

Lease from William Montagu of Little Oakley to Roger Collis, grazier, of Weekley (Northamptonshire) of property in Great and Little Oakley 10 October 1650.

Indenture of release by the third Viscount Campden to William Montagu of Little Oakley of all actions, etc, arising from his recent assignment of Immingham (Lincolnshire) 20 May 1652.

Lease from William Montagu of Little Oakley to Thomas Vitaxs (?), husbandman, of Little Oakley 10 October 1653.

Lease from William Montagu of Little Oakley to Thomas Mirkars (?) of Little Oakley of woodlands in Little Oakley 12 October 1660.

Lease from William Montagu of Little Oakley to Thomas Vitaxs (?) of Little Oakley of property in Great Oakley 22 September 1662.

Deeds (2) by which Richard Craunford grants property in Bisbrooke and Seaton (Rutland) to John Bayes of Bisbrooke and Elizabeth, his wife, 1396-7.

Deed by which Thomas Reve, gentleman, sells Twyford (Leicestershire), rectory manor, formerly in the possession of the monastery of Kirby Bellars (Leicestershire) to Clement Bretton, gentleman, 16 May 1550.

Demise from John Pecke, yeoman, of Liddington (Rutland) to Clement Bretton of his property in Leicestershire (? at Twyford), formerly in the possession of the monastery of Kirby Bellars, 27 October 1550.

Indentures (2) by which Clement Bretton grants Twyford to John Pecke, yeoman, of Liddington for life 6 May 1553.

Indenture of agreement between Richard Kirby, draper, of London and Thomas Blount of the Inner Temple respecting property called Clopfield (or ? Coppsfield) in the parish of St Giles-in-the-Fields, Holborn, 16 February 1659.

Deed by which Richard Kirby sells a house and premises in Lincoln’s Inn Fields to Thomas Blount 13 January 1661.

Indenture of agreement between Richard Kirby, Sarah Brett of Tenterden (Kent) and Thomas Blount respecting property called Clopfield (or ? Coppsfield) in the parish of St Giles-in-the-Fields, Holborn, 29 June 1661.

Articles of agreement between Richard Dyott of Gray’s Inn and William Kemp of the parish of St James’s, Westminster, relating to house building at Red Lion Square (with a plan) 20 May 1702.

Memorandum of rents paid (evidently London) 1702.

Accounts of ‘Ground Rents of Houses in Ormonde Street and Red Lyon Street reserved on lease.’ 1702-6 (one volume).

Inspeximus made for William Montagu of warrants for granting a lease of the lead mines in the soke and wapentake of Wirksworth (Derbyshire) December 1668-70.

Counterpart lease from William Montagu to Francis Gell, gentleman, of lead mines in the soke and wapentake of Wirksworth (Derbyshire) 14 January 1698.

Counterpart lease by Thomas Bagshawe to William Montagu of a third part of the lead mines in the soke and wapentake of Wirksworth (Derbyshire) 17 May 1699.

Receipt for rents and dues paid by Lord Clifford of Chudleigh and William Montagu to the Duchy of Lancaster from the issues of the lead mines in the soke and wapentake of Wirksworth (Derbyshire) 3 April 1700.

Deed of sale by Thomas May, esquire, to Thomas Elficke of Seaford (Sussex) of property called Palmer’s Lands and Ladylands in Hooe and Pevensey (Sussex) 8 February 1598.

Music MS, ‘Sarabande for ye lute’ no date.

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