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D239 - FitzHerbert family of Tissington - [16th-20th cent]

BOX - FitzHerbert family of Tissington: box-listed records - [18th-20th cent]

E - Estate records - 1380-1940

F - Family records

A - Wills and settlements

1 - Settlement on the marriage of John Barresford, son of Humphrey Barresford deceased, and Elizabeth daughter of Robert FitzHerbert of Tissington - 26 Sep 1504

2 - Dispensations for consanguinous marriage to Humphrey FitzHerbert and John Cokayn. Dated 12 July - 1519

3 - Copy deed to lead the uses of a fine and recovery of the manor of Tissington to the use of Sir John FitzHerbert of Tissington and his heirs male. Dated 14 October - 1631

4 - Copy settlement on the marriage of William FitzHerbert esq. and Lady Mary his wife in pursuance of articles of agreement of 16 September 1653 between Wingfield Lord Cromwell and William FitzHerbert whereby William releases to Oliver Cromwell, brother of Lord Cromwell, Richard Congreve of Stretton (co. Stafford), and Francis FitzHerbert of Lincoln's Inn esq., the manor of Tissington to hold to the use of William for life, and then to the use of Mary for life, and then to the use of the heirs male of their bodies, and in default of such issue to the right heirs of William for ever, and the trustees are to raise £2500 to be divided between any daughters of the marriage, or £2000 if there is but one daughter. Dated 23 July - 1656

5 - Articles of agreement made between Lord Cromwell and William FitzHerbert concerning the portion due on William's marriage to Mary, sister of Lord Cromwell. Dated 27 October - 1659

6-7 - Settlement on marriage intended between Anthony FitzHerbert of Tissington gent. and Martha Nicholls daughter of Mary Nicholls of Shrewsbury widow in consideration of a portion of £1000, whereby Anthony FitzHerbert, Edward Pegge of Shirley and John Moore of Brailsford yeomen convey to Philip Pargiter of Lichfield esq. and John Congreve of Haywood Park (co. Stafford) gent. a messuage and lands in Rodsley to hold in trust for Anthony and Martha and the heirs male of their bodies, which lands were demised by Nathaniel FitzHerbert on 29 December 1660 to Pegge and Moore for a term of 1000 years from the death of Nathaniel, to hold in trust for the heirs of Nathaniel. Recital of death of Nathaniel and his eldest son John, and of release and quitclaim by Francis FitzHerbert to Anthony of all his right, title etc. (17 April 1668); Anthony agrees to pay an annuity of £10 to Mary widow of Nathaniel in respect of dower. Dated 8 August Settlement as above whereby Anthony FitzHerbert releases to Pargiter a messuage and lands in Tissington to make him a tenant for suffering a common recovery by Congreve to the use of Anthony for life, etc. Even date - 1671

8 - Declaration by Ann FitzHerbert of Tissington, wife of William FitzHerbert, reciting a settlement of 25 April 1678 whereby certain sums of money were to be retained by Robert Breton of London merchant and Richard Breton of Dover esq., brothers of Ann, for the benefit of William Porter and Charles Porter, sons of Ann, or if they should die before reaching the age of 21, for the sole benefit of Ann; and reciting an agreement of 23 May 1682 whereby two portions of £1400 each are to be laid out in lands for William and Charles; now Ann appoints Richard and Robert Breton to convey such lands to the following uses: if Charles and William die without issue, then a portion value £200 is to revert to the use of Robert Breton and his two sons; a portion value £100 is to revert to the use of Richard Breton and his son Robert; a portion value £500 is to revert to the use of Mrs. Elizabeth Hempson, sister of Ann, and her four children; a portion value £200 to the use of the two children of Katherine Window deceased, late sister of Ann; and a portion value £500 to revert to the use of the five children of William FitzHerbert, husband of Ann; and the remainder is to revert to the use of the right heirs of Charles Porter. Dated 3 October - 1682

9-10 - Settlement on the marriage of John Port of Ilam (co. Stafford) esq. and Mary, eldest daughter of William FitzHerbert of Tissington esq. whereby William conveys to Rowland Okeover of Okeover (co. Stafford) esq., Thomas Rudiard of Ashbourne esq., Richard Leving of the Inner Temple esq., Anthony FitzHerbert of Ashbourne gent., Thomas Rudiard of Rudiard (co. Stafford) esq., and Christopher Ley of Mathfield (co. Stafford) gent., certain lands in Tissington to hold in trust to the use of John Port for life, then to the use of Mary for her life, and then to descend in tail male; and then to descend in tail male; the trustees are to raise £800 to be divided equally between Ann, Martha, Mercy, and Frances FitzHerbert, sisters of Mary; and to raise a further £200 to be disposed of by Mary at her sole discretion. - 6 Feb [1684]

11-12 - Counterparts of D239 M/F 9-10

13-14 - Probate copy of the will of Anthony FitzHerbert of Ashbourne gent., his lands in Tissington to descend under the terms of his marriage settlement; to his wife for life, Froggatts Farm in Tissington, then to descend to his son William; to his three younger children, Mary, Elizabeth, and John, in equal shares, the £1000 owed to testator by his brother William, portions to be paid on marriage or when 21, testator's wife receiving interest on the £1000 until the portions are paid; as testator's brother's William has settled on testator and testator's son William lands in Tissington annual value £300, testator's son William is to pay £166 13s 4d to each of testator's younger children within a year of inheriting the lands in question. Executors to be testator's wife, and son William. Will dated 8 March 1683/84. Proved at Derby 17 October - 1689

15 - Settlement by William FitzHerbert of Tissington esq. on behalf of his daughters Ann, Martha, Frances, and Mercy, whereby William releases to Sir Gilbert Clarke of Chilcote, John Port of Ilam, and John Beresford of Fenny Bentley, various lands in Tissington for a term of 90 years to hold to the use of the four daughters in equal portions (the term is terminable on the death of William). Dated 12 November - 1689

16-17 - Will (and draft) of William FitzHerbert of Tissington esq.; to be buried in the chancel of Tissington church `between my two deare and late deceased wives'; the portions settled on his daughters by D239 M/F 15 are now to be augmented so that each daughter receives `six and twenty hundred pounds', and to that end he now devises to his four daughters, and their trustees, two farms in Tissington, the Lower or South End of Darfield, and the pasture called Sharplow, which the trustees Sir Gilbert Clarke, John Port, John Beresford, Christopher Ley, and John Hayne of Ashbourne Green gent., are to hold, together with Tissington Hall, and other lands, upon the following trusts: to meet funeral expenses, debts, and legacies, to raise any sum necessary to complete the portions of testator's four daughters, the daughters having lodgings in the Hall until they marry; to raise £500 each as portions for the daughters of testator's brother Anthony; to raise £340 for testator's nephew John (son of Anthony); to raise 20s. a year for ever to be paid by trustees on Christmas Eve to the curate and churchwardens of Tissington for distribution to the poor of the parish; and after raising all the said sums, the trustees are to stand seised of the lands to the use of testator's nephew, William FitzHerbert (eldest son of Anthony), in tail male, and in default to testator's nephew John FitzHerbert, etc., and in default to the right heirs of the testator; to the trustees, the rectory and impropriation of Tissington to hold until they have executed their trusts, and then to the lord bishop of the diocese and the lord of the manor of Tissington for ever, raising £40 a year to be paid to the curate of Tissington (but £20 if he lodges in the Hall), who is to be an unmarried man in canonical orders, and who is to read prayers daily in the family; and raising 20s. as a stipend for the parish clerk; and placing any further revenue towards the upkeep of the fabric, for relieving the poor, for binding poor children apprentice; and for other charitable uses as the trustees, and then the bishop and the lord of the manor think fit; to each trustee, a gold ring value 20s. `to weare for my sake'; to the poor of the several towns mentioned in the will of testator's father, £40; to his four daughters, remaining personal estate, save for heirlooms; daughters to be executors. Will dated 31 May Codicil cancelling legacy of £340 to nephew John (now dead). 8 September Schedule of debts to be paid and legacies raised. - 1695

18 - Probate copy of D239 M/F 16-17. Dated 8 October - 1697

19 - Feoffment by Sir Gilbert Clarke of Chilcote kt, John Port of Ilam esq., John Beresford of Fenny Bentley esq., Christopher Ley of Mathfield (co. Stafford), John Hayne of Ashbourne Green gent., trustees of the will of William FitzHerbert deceased, and Ann, Martha, Frances, and Mercy FitzHerbert, daughters and executors of the will of the said William, and William FitzHerbert of the Inner Temple esq., son of Anthony FitzHerbert deceased, and heir of William FitzHerbert his uncle, to Francis Garratt of Weston Underwood gent. of the Wood Ends otherwise Graveners Wood in Tissington, the Two Meadow Lees, and Toplis Close; consideration £1450, to be applied to discharge the debts of William FitzHerbert as set out in the schedule of D239 M/F 16-18. Recital of part of terms of D239 M/F 16-18. Dated 7 October - 1699

20-23 - Settlements by John FitzHerbert of Somersall Herbert esq. and Ann his wife, daughter of William FitzHerbert of Tissington esq. deceased, reciting the terms of D239 M/F 15, and the death of William, and of Martha, and the division of her fourth share between her three surviving sisters, and Catherine daughter of John Port, whereby John and Ann release to John Beresford of Ashbourne esq., the fourth and sixteenth parts which are the inheritance of Ann, to hold the fourth part in trust for John and Ann during their lives, and on the death of the longer liver to the use of William Browne of Stretton-in-the Fields gent. for a term of 500 years in trust for the heirs of John and Ann, with remainder to the right heirs of John, with power for the trustee to raise up to £1000 for the children of John and Ann; and to hold the sixteenth part to the use of Browne for a term of 400 years to pay any debts incurred by Ann, and then to the use of John, Ann, and their heirs, with remainder to any person to whom Ann shall will or direct. Dated 17/18 August - 1703

24-25 - Final concord and counterpart between John Beresford and William Browne plaintiffs and John FitzHerbert and Ann his wife deforciants of a fourth and a sixteenth parts of 20 messuages, 10 cottages, 30 gardens, 30 orchards, 200 acres land, 80 acres meadow, 200 acres pasture, and common of pasture, 100 acres wood, 100 acres of heath, in Tissington and Bradbourne. Trinity term - 1703

26 - Deed to declare the uses of a fine (D239 M/F 24-25), repeating uses in D239 M/F 20-23. - 19 Mar [1708]

27-28 - Lease and release by John Port of Ilam esq., John Beresford of Fenny Bentley esq., and John Hayne of Ashbourne Green gent., trustees of the will of William FitzHerbert deceased, to Edward Beresford of Fenny Bentley esq. of a parcel of land in Tissington called Hall Croftway, two closes called Mill Crofts, and Dill Croft, to hold in trust for William FitzHerbert of the Inner Temple esq., paying to John FitzHerbert of Somersall Herbert and Ann his wife £133 6s 8d, to Frances FitzHerbert £233 6s 8d, and to Catherine Port of Ilam spinster £233 6s 8d, being £600 in all. Dated 25/26 October - 1708

29-30 - Deed and counterpart to lead the uses of a fine to be levied by John FitzHerbert of Somersall Herbert and Ann his wife (daughter of William FitzHerbert deceased), Frances FitzHerbert of Tissington spinster (daughter of the said William), and Catherine Port of Ilam spinster (grand-daughter of the said William) to John Port of Ilam and John Beresford of Fenny Bentley esquires, to put into effect the division of lands under the will of William FitzHerbert deceased whereby John and Ann are to have the messuage and farm occupied by Henry Hand, with Well Croft, Dods Croft, Upper Croft, Henry Hand's New Close, Highway Close, Hall Furlong, half of Hungerhill Field, Hollington, and half of Green Moor; a messuage and farm (tenant Thomas Roger jun.), with Dale Close, Hollington Bottom, and Boarslows Close; a messuage and three crofts called William Mellors Crofts; farms occupied by John Taylor and Robert Alsop with the Crackloe, Ferneycliffe, the Two Highway Closes, and Colloway Bottom; John and Thomas Smith's farm with the Long and Short Somerlands, Wrights Piece, and the Two Crackloes; land called Cracklow (tenant Thomas Kent); and three cottages; and Frances FitzHerbert is to have the farm occupied by William Baker with the Shaws, Chicken Meadow, Town Meadow, the two Turnicliffs, the two Russett Cliffs, Middle Meadow, Fletcher's Pingle, Bakers Pingle, and the two Smith's Pingles; and a messuage and Greyway Ditch (tenant Robert Goodwin); a messuage; croft, Hircott Cliffs, and Somerlands (tenant Jane Alsop); a house and croft called Old Hall (tenant John Mellor); a house and croft, the Somerlands, Long Furlong, and Hircotte Cliff (tenant Margaret Dixwell); a messuage, Hanging Baths, and Peggs Pingle (tenant George Bower); a messuage and croft (tenant Thomas Roger sen.); South Darfield and Grosvenors Croft (tenant John Johnson and Robert Smith); a farm, Wibnell Field, the two Flackett Bottoms, and Hollington Hedge (tenant Elizabeth Smith); the Pingle (tenant Richard Johnson); Hollington Hedge (tenant William Smith); and three cottages; and Catherine Port is to have a farm, messuage and croft (tenant John Smith Daveney), the two Russett Cliffs, Grove Holes, half of Hungerhill Field; the two Crackloes, New Piece at Westbrook, half of Green Moor, the Sharploe, Dale Closes, and a cottage and croft. Dated 6 May - 1709

31-32 - Final concord and counterpart between John Port and John Beresford plaintiffs and John FitzHerbert and Ann his wife, Frances FitzHerbert, and Catherine Port deforciants of 20 messuages, 10 cottages, 30 barns, 20 stables, 30 gardens, 30 orchard, 400 acres land, 150 acres meadow, 300 acres pasture, and 100 acres of furze and heath in Tissington. Consideration £800. Dated 8 May - 1709

33 - Receipt in £325 10s from Ralph Congreve to William FitzHerbert in satisfaction of principal (£320) and outstanding interest upon a mortgage of lands in Tissington made 25 March 1704 by John Port, John Beresford, and John Hayne to Congreve. Dated 3 December - 1709

34-35 - Lease and release by John FitzHerbert of Somersall Herbert and Ann his wife to William FitzHerbert of a messuage and land in Tissington (tenant William Mellor) and a messuage and croft (tenant Thomas Roger jun.). Consideration £100. Dated 20/21 December - 1709

36-39 - Lease and release by John Port of Ilam esq., John Beresford of Fenny Bentley esq. and John Hayne of Ashbourne Green gent., surviving trustees of the will of William FitzHerbert deceased, at the direction and with the consent of John FitzHerbert and Ann his wife, Frances FitzHerbert, Catherine Port, Mary Buxton of Ashbourne widow and Elizabeth FitzHerbert (two daughters of Anthony FitzHerbert, late of Ashbourne, brother of William, deceased), and Thomas Bagshaw of Bakewell esq. to Baptist Trott of Mapleton esq. and Edward Brock, clerk, servant to Thomas Bagshawe, of lands in Tissington to hold upon trust to convey the same according to the direction of William FitzHerbert of the Inner Temple (son of Anthony FitzHerbert, and heir of William FitzHerbert), who is to be married to Rachel daughter of Thomas Bagshaw, and of Thomas Bagshaw, in consideration of £1800, part of the marriage portion payed by Thomas to William; and the trustees will further release to William the manor and manor house of Tissington, the water corn mills, and other lands; release and quitclaim of these premises by John and Ann FitzHerbert, Frances FitzHerbert, Catherine Port, Mary Buxton, and Elizabeth FitzHerbert. Dated 20/21 December - 1709

40-41 - Settlement on the marriage of William FitzHerbert of the Inner Temple and of Tissington esq. and Rachel Bagshaw daughter of Thomas Bagshaw of Bakewell esq., whereby William FitzHerbert, Baptist Trott, and Edward Brock (see D239 M/F 36-39) release to Sir Philip Gell of Hopton and John Port of Ilam esq. the manor of Tissington to hold upon the following trusts: the manor house, Barn Flatts, Barn Yard, Creswell Butts, the Holme, an intake in Back Field, the Rakes, Meer Butts, the Paddock, and two water corn mills to the use of William for life, then to the use of Rachel for life, and then to the uses expressed in the will of William FitzHerbert (uncle of the William party hereto): Hall Croft Way, Mill Crofts, and Dill Croft, to the use of William and Rachel for their lives and then to the uses expressed in an indenture of 26 October 1708 in which the said premises were conveyed by John Port, John Beresford, and John Hayne to William FitzHerbert for life, with remainder to the issue of William in tail male, with a proviso that William might convey, limit, or appoint the premises to the use of any woman he might marry, which proviso William now operates in favour of Rachel; various houses and crofts; the Wood and Codlow; the Coaps and Somerland, Little Narlow, Netherfield, the Croft, Hollands Half, Backfield, Great and Little Barn Flatts, Buxton Field, the Goslands, and Goslands Lane or Pingle, to the use of William for life, and then to the use of Sir Philip Gell and John Port in trust for Rachel for life; and then to John Shallcross, John FitzHerbert, and John Beresford for a term of 500 years to hold in trust for the issue of William and Rachel in tail male; raising £1000 for one younger son, or £1500 if more than one, in equal portions, and raising £2000 for a daughter or daughters in equal portions; and in default of male issue to the use of Charles Greaves and Charles Bagshaw for a term of 1000 years to raise £3000 for one daughter, or £3500 for two or more in equal portions. Marriage portion of £3000 paid by Bagshaw to FitzHerbert. Dated 27/28 December - 1709

42 - Copy of D239 M/F 41.

43-48 - Particulars of lands in Tissington included in the marriage settlement of 1709; note of lands purchased by William FitzHerbert from Frances FitzHerbert; note of lands in Tissington purchased by William FitzHerbert from Richard FitzHerbert, a particular of lands taken out of the settlement made by the late William FitzHerbert on his marriage

49 - Settlement to follow partition (D239 M/F 29-30) whereby John FitzHerbert and Ann his wife release to John Port and John Beresford various farms and closes in Tissington to hold in trust for John for life, then Ann, then to the heirs of their bodies, and in default to the right heirs of John; and to hold in trust Robert Alsop's farm, Richard Johnson's farm, Smith's joint farm, the Crakelow Close, another close called Crakelow, and two cottages to the use of John FitzHerbert in fee simple. Dated 30 November - 1710

50 - Will of Catherine Port of Ilam (co. Stafford) spinster, daughter of John Port of Ilam deceased. Dated 4 April - 1720

51 - Copy will of Catherine Port Dated 2 July - 1722

52 - Abstract of D239 M/F 51, with codicil of 9 February 1724/25 - [c1725]

53-54 - Lease and release by Catherine Port of Ilam spinster, only daughter and heir of John Port of Ilam esq. deceased, and of Mary his wife deceased (daughter of William FitzHerbert of Tissington esq. deceased) to Foot Gregg of the Six Clerks' Office gent. of the Back Moor, the Rough Moor, the Bent Farm in Tissington to make him a tenant for suffering a common recovery by Thomas Sutton of Tissington gent. Dated 1/2 April - 1724

55 - Exemplification of a common recovery by Thomas Sutton against Foot Gregg of one messuage, 100 acres land, 20 acres meadow, 100 acres pasture, and 50 acres moor in Tissington. Dated 8 May - 1724

56-57 - Lease and release by John FitzHerbert of Somersall Herbert esq. and Ann his wife to William FitzHerbert of Tissington esq. of Long Furlong, South Darfield, Grosvenor Croft, and two parcels of land at Westbrook in Tissington, which lands were left to Ann by her sister Frances and charged with various debts; with an agreement by John, Ann, and Elizabeth FitzHerbert to levy a fine to William Congreve, trustee of William FitzHerbert, of lands devised by Elizabeth by Catherine Port, charged with raising a certain sum to meet debts and to support an annuity of £5. Consideration £200. Dated 20/21 September - 1725

58 - Mortgage in £400 for a term of 500 years by John FitzHerbert of Somersall Herbert esq. to John Beresford of Ashbourne esq. of two farms in Tissington on the occasion of the marriage of Frances, daughter of John FitzHerbert, and Beresford. The principal is to form dower and jointure for Frances on the death of her husband. Dated 11 October - 1725

59 - List of the real estates of Catherine Port - [c1725]

60-61 - Final concord and counterpart between William Congreve plaintiff and John FitzHerbert and Ann his wife, William FitzHerbert, and Elizabeth FitzHerbert deforciants of four messuages, two cottages, four barns, four stables, six gardens, 100 acres land, 40 acres meadow, 90 acres pasture, 100 acres moor, and 50 acres of heath in Tissington. Consideration £200. - 20 Jan [1726]

62 - Release and quitclaim by John FitzHerbert to the heirs of the trustees of the will of William FitzHerbert deceased in £491 10s. 5d., reciting a mortgage in that sum for a term of 1000 years made by John Port, John Beresford, and John Hayne to John FitzHerbert (25 March 1706) of lands in Tissington; and reciting an assignment of 23 August 1707 on the marriage of Elizabeth, daughter of John FitzHerbert, to Brook Boothby, by John to Sir Henry Boothby and William Brown to secure £380, part of the marriage portion; and reciting the repayment of £491 10s. 5d. by William FitzHerbert, nephew of William deceased, to John. Dated 2 September - 1724

63 - Feoffment by Elizabeth FitzHerbert to William FitzHerbert (her cousin) of a parcel of pasture in Tissington called Sharplow (90 acres), and Dale Meadow (5 acres) adjoining. Consideration £1065. Dated 2 March - 2 Mar [1726]

64 - Assignment by John Beresford of Ashbourne esq. to John Alsopp of Ashbourne gent. of all the real estate of John FitzHerbert late of Somersall Herbert esq. deceased, and not settled on his son Richard, which John FitzHerbert devised to Brook Boothby of Ashbourne Hall and John Beresford, his sons-in-law, to hold in trust for a term of 100 years. Dated 14 July - 1732

65-66 - Lease and release by Richard FitzHerbert of Somersall Herbert esq. (son of John FitzHerbert deceased), Elizabeth Boothby of Ashbourne Hall widow (daughter of John), Mary FitzHerbert (daughter of John), and John Beresford (devisee in trust of John) to Brook Boothby of Ashbourne Hall esq. of lands in Tissington, Somersall Herbert, and West Broughton to hold upon trust to meet the debts and legacies of John FitzHerbert, to raise £1000 for Mary and to secure the lands to the male issue of Richard FitzHerbert. Dated 1/2 November - 1732

67-68 - Lease and release by Richard FitzHerbert of Somersall Herbert esq., Elizabeth Boothby of Ashbourne Hall widow, Mary FitzHerbert of Ashbourne spinster, and John Beresford of Ashbourne esq. and Frances his wife (Richard, Elizabeth, Mary, and Frances being children of John FitzHerbert deceased) to William FitzHerbert of Tissington esq. of lands in Tissington. Consideration £3150. Dated 1/2 October - 1733

69 - Assignment by John Alsopp of Ashbourne gent., John Beresford of Ashbourne esq., and Brook Boothby of Ashbourne Hall esq., by direction of the said John Beresford, Richard FitzHerbert, eldest son and executor of John FitzHerbert and Mary FitzHerbert, daughter of John, to Isaac Burrow of Derby esq., trustee of William FitzHerbert of Tissington, of a term of lands in Tissington agreed to be purchased by William for £3150, £1000 of which is to be paid to Mary, and £600 of which is to be paid to Samuel Sturges of Sudbury clerk on a bond of 11 October 1725. Dated 2 October - 1733

70-72 - Deed of collateral security (lease and release) by Richard FitzHerbert, Elizabeth Boothby, Mary FitzHerbert, and John Beresford and Frances his wife, to William FitzHerbert of Tissington whereby Richard releases to William certain lands in Somersall Herbert and Marston Montgomery as a security against any claim on premises in Tissington (sold by Richard to William) being made by John, son of Richard, who is now under age and unable to join with Richard in a common recovery to bar remainders created by the will of John FitzHerbert deceased (father of Richard), which lands in Tissington are liable to answer for the debts and legacies of the said John. Dated 1/2 October - 1733

73-76 - Abstracts of title and schedule of lands relating to D239 M/F 67-72 - 1733-1735

77 - Memorandum of bargain and sale as in D239 M/F 67-68

78 - Probate copy of will of William FitzHerbert of Tissington esq. Leaves £40 for his monument in Tissington; to the poor of Tissington; £5 to be distributed by minister and churchwardens; the like to All Saints', Derby; leaves various lands in Tissington to the uses expressed in his marriage settlement; to his wife, £50-worth of plate of her own choice, at 5s 6d. an ounce, and all her apparell, watch, jewells, rings, and books absolutely; and the use of all such other plate, linen, household goods, and furniture as she pleases, so long as she continues a widow and housekeeper; to daughter Martha, a diamond ring; to eldest son at testator's decease, all testator's books; a large gold seal is to descend as an heirloom; the money appointed by his marriage settlement for his younger children to be divided as follows: to two daughters £600 each; to two sons, £400 each; the portions to be paid on marriage or when 21; lands charged with additional portions as follows: to daughter Martha, £1400; to daughter Catherine, £1400; to younger sons John and James, £1100 each. Executors to be son William and sister Elizabeth; gives £100 to be divided between two Tissington charities, one for clothing the poor and the other for a school. Will dated 20 June 1739; proved in P.C.C., 18 December - 1739

79-86 - Copies of the will of William FitzHerbert - as D239 M/F 78 - 1739

87 - Release and quitclaim by Rachel FitzHerbert of Derby widow to William FitzHerbert of Tissington esq., her son, of the manor of Tissington etc. Dated 10 April - 1740

88-89 - Lease and release by Rachel FitzHerbert of Derby widow, relict of William FitzHerbert deceased, and William FitzHerbert her son to John Boult of Lyons Inn (co. Middx.) gent of the manor of Tissington and various lands that Boult may stand tenant for suffering a common recovery to bar and dock all estates tail in the will of William deceased. Dated 17/18 October - 1743

90 - Copy of D239 M/F 89, with docquet of recovery.

91-96 - Rentals of lands set aside for the jointure of Rachel FitzHerbert - 1732-1744

97 - Will of Elizabeth FitzHerbert of the parish of St. Mary le Bone (co. Middx.) spinster, appointing her nephew William FitzHerbert executor and devisee of her real estate - 22 Feb [1742]

98 - Settlement on the marriage of William FitzHerbert of Tissington esq., eldest son of William FitzHerbert deceased, and Mary Meynell of Bradley spinster, eldest daughter of Littleton Poyntz Meynell esq - 22 Jun 1744

99-101 - Settlement by lease and release on the marriage of William FitzHerbert and Mary Meynell, reciting terms of D239 M/F 78 and D239 M/F 98, whereby William conveys to Brook Boothby of Ashbourne Hall esq., the manor of Tissington and various lands to hold from the death of Rachel FitzHerbert, mother of William, in trust for William for life, and then to Richard FitzHerbert of Somersall Herbert esq. for a term of 500 years to hold in trust for the right heirs of William or for any other purpose appointed by William. Richard is to raise £3000 to discharge the legacies of William's younger brothers and sisters on the completion of the term, Richard is to hold in trust for a further term of 600 years to raise £3000 for portions for any younger children of William. Dated 22/23 November - 1744

102-103 - Attested copies of D239 M/F 100-101

104 - Further deed of collateral security by Richard FitzHerbert of Somersall Herbert esq., son of John FitzHerbert deceased, to William FitzHerbert of Tissington esq. to protect William from any claim on or disturbance in lands in Tissington, sold by Richard to William. Dated 27 March - 1746

105 - Probate copy of will of Mary FitzHerbert, wife of William FitzHerbert of Tissington. Dated 17 February 1753/54. Proved in P.C.C., 2 May - 1754

106 - Transfer of legacy by Thomas Bonfoy of Ashbourne esq., and Martha his wife (daughter of William FitzHerbert deceased) to William FitzHerbert of Tissington esq., brother of Martha, which legacy of £600 was due to Martha under the terms of her father's marriage settlement. Dated 22 July - 1756

107-108 - Assignment and counterpart by William FitzHerbert of Tissington esq. to George Calton of Ashbourne tobacconist of a portion of £600 released to William by Thomas and Martha Bonfoy. Dated 22 July - 1756

109 - Bond in £1200 by William FitzHerbert of Tissington esq. to George Calton of Ashbourne tobacconist. Dated 22 July - 1756

110-111 - Assignment and counterpart by Thomas Bonfoy and Martha his wife, at direction and with consent of William FitzHerbert, to George Calton of a legacy of £1400 due to Martha under the will of her father. Dated 22 July - 1756

112 - Bond in £2800 by William FitzHerbert to George Calton. Dated 22 July - 1756

113 - Release and quitclaim by Brook Boothby to William FitzHerbert of a legacy under the will of Mary FitzHerbert to Miss Hill Boothby, sister of Brook. Dated 10 November - 1757

114 - Case paper with counsel's opinion on the suggested assignment of portion and legacy as in D239 M/F 106-112 - 1768

115 - Further assignment of portion of £600 from George Calton to Thomas Evans of Derby ironmonger: Dated 16 January Endorsed with discharge by Sir William FitzHerbert. 16 January 1789 - 1769

116 - Further assignment of legacy of £1400 from George Calton to Thomas Evans: Dated 16 January Endorsed with discharge by Sir William FitzHerbert. 16 January 1789 - 1769

117-118 - Copies of D239 M/F 115-116

119-120 - Further copies of D239 M/F 115-116

121 - Assignment of bond as D239 M/F 109: Calton to Evans. 16 January - 1769

122 - Assignment of bond as D239 M/F 112: Calton to Evans. 16 January - 1769

123-124 - Deed of appointment and limitation by William FitzHerbert sen. of Tissington Hall esq. to William FitzHerbert jun., his son and heir, of the manor of Tissington, reciting the terms of D239 M/F 99-101, whereby he creates a further term of 1000 years to Thomas Gisborne of St. James, Westminster, doctor, in trust to raise a further sum of £2000 as limited and directed by William senior. Dated 2 November Endorsed: `the £2000 was never raised' - 1770

125-126 - Probate copy of will of William FitzHerbert of the parish of St. Mary-le-Bone (co. Middx.), reciting terms of settlement of 2 November 1770 (D239 M/F 123-124); executors to be son William and brother James. Will dated 8 August 1771; proved in P.C.C., 1 August - 1772

127-128 - Lease and release to lead the uses of a common recovery by William FitzHerbert of Tissington Hall esq., eldest son and heir of William FitzHerbert deceased, to William Jacomb of London esq. of lands in Tissington and the Green Fairfield Farm at Fairfield in the parish of Hope, so that Jacomb may stand tenant for suffering a common recovery by Abraham Winterbottom of London gent. Dated 12/13 November - 1772

129 - Common recovery by Abraham Winterbottom against William Jacomb of 20 messuages, 20 gardens, 100 acres land, 400 acres meadow, 1300 acres of pasture etc. in Tissington and Hope. Dated 28 November - 1772

130 - An account of the lands set aside as security for the portions of the younger children of William FitzHerbert deceased

131 - Case paper - 1773

132 - Release and discharge by Alleyne FitzHerbert of the city of Westminster esq. and Selina FitzHerbert of Somersall Herbert spinster, two younger children of William FitzHerbert deceased, to William FitzHerbert, their brother, of their portions under the terms of D239/M/F/99-101, in consideration of £2000 each, and of their portions under the terms of D239/M/E/20464-65, charged on premises in Barbados, in consideration of £1500 each - 29 Apr 1777

133-136 - Settlement by lease and release on the marriage of William FitzHerbert of Tissington esq. and Sarah Perrin, daughter of William Perrin late of the city of Westminster deceased - 10-11 Oct 1777

137 - Abstract of D239 M/F 133-136

138 - Probate copy of the will of John FitzHerbert; will dated 25 September 1772; proved at Lichfield, 10 August - 1785

139 - Extract of the will of Susana FitzHerbert [widow of John]. 31 May - 1786

140 - Probate copy of the will of Sir William FitzHerbert of Tissington Hall, Bart. - 20 Jun 1789, 29 Dec 1791

141 - Revoked will of William [later Sir William] FitzHerbert 27 September 1760 - [late 18th cent]

142-172 - Petitions, bills, answers, etc. 1791-95, with undated and draft petitions etc - 1791-c.1800

173-191 - Bills of costs - 1793-1805

192-193 - Receivers' book: accounts of receivers of the English estates; with Master's copy - 1793-1803

194-239 - Receivers' draft and loose accounts and papers - 1793-1805

240-301 - Miscellaneous estate papers of the receiver, including: - c. 1789-1806

302-361 - Correspondence - 1791-1807

362-363 - Solicitors' correspondence about funds in Chancery - 1834

364 - Draft bargain and sale by Alleyne FitzHerbert to his elder brother Sir William FitzHerbert of a moiety of the Green Fairfield Farm in Fairfield, parish of Hope (incomplete) - 1789

365-366 - Copy will and directions for disposal of property of Lady Sarah FitzHerbert - 1794

367 - Letters of administration with will of Sarah Dame FitzHerbert of Tissington; to eldest son Sir Anthony Perrin FitzHerbert, a pair of brilliant diamond ear-rings, and then to continue as family heir-looms; to son George, all stocks, bonds, etc., and all arrears on a £200 Irish tontine, George paying legacies and funeral expenses; to eldest son Sir Anthony Perrin FitzHerbert, a watch and chain, a harpsichord, a guitar, all music books, printed and MS., a suit of point lace, a suit of muslin lace, a dozen gilt teaspoons and tongs, and all plate, jewels trinkets, books, china; to daughter Frances, £50 and the remaining wearing apparel, laces, linen, and the smallest brilliant diamond hair pin; to son Henry, £50 and £20 for a ring; `I desire my funeral may be very private and as little expence as decency will allow'. Will dated 1792; further directions 1794. Proved in P.C.C., 17 March 1795 - 1795

368-369 - Lease and release by Sir Henry FitzHerbert of Tissington to Henry Gally Knight of Langold (co. York) esq. of the manor of Tissington to make Knight a tenant for a common recovery by Gilbert Jones of London gent. Dated 24/25 June - 1805

370 - Common recovery by Gilbert Jones against Henry Gally Knight of the manor of Tissington. Dated 3 July - 1805

371-373 - Settlement on the marriage of Sir Henry FitzHerbert of Tissington Bart. to Agnes Beresford of Ashbourne, daughter of Rev. William Beresford deceased, whereby Sir Henry conveys to Edward Miller Mundy of Walton-on-Trent esq. and Charles Meynell of Bradley esq., a messuage and croft, Hall Croft Way with the Mill Crofts and Buxton Field, the Barn Flatt with the Rakes and Meer Butts, Daykins Croft, Rushy Cliff, another close called Rushy Cliff otherwise Pipers Pingle, The Paddock, The Crakelows, part of Webbern Hill, Gosslands Meadow, Dill Croft, a messuage and garden, Biston Side, The Olderknowle, Hollow Piece, Little Meadow, the Button Footway, Stonepit Piece, Little Stonepit Piece, Olderknowle Piece, Gorsey Piece, Square Stone Pit Close, Green Close Top, Limekiln Close, Rough Moor, Barn Close, Cabbage Close, Green Close, the Top Paddocks, Sharplow Meadow, Back Sharplow, Rabbit Warren, Higher Sharplow, Calf Croft, Big Dale Close, Little Dale Close, the Duck Nest, the Little Booslow and croft, the Big Booslow, the Back Field otherwise Windmill Field; Westbrooks otherwise Wash-Brooks, the Rocks, the Wheat Piece, the Meadow, the Back Moor, Hollow Piece, a messuage and garden, the Overfield, Westcroft, Grassway Butts otherwise Cresswell Butts, and other lands in Tissington, to hold in trust for Sir Henry for his life, and thereafter yielding an annuity of £700 for Agnes, and on the death of Sir Henry a part of the premises for a term of 99 years to Richard Arkwright of Normanton (co. Leicester) esq. and John Beresford of Ashbourne gent. to hold to the use of the heirs of Sir Henry for ever, and for better securing Agnes' annuity; and a part to the same for a term of 500 years to raise a portion of £5000 for a daughter or younger son, or a sum of £7000 to be divided equally between more than one such child Dated 25/26 December - 1805

374-375 - Draft portions of marriage settlement as in D239 M/F 371-373 - 1805

376-380 - Solicitors' draft notes and papers connected with D239 M/F 371-373 - 1805

381 - Holograph and revoked will of Sir Henry FitzHerbert of Tissington; `to my beloved uncle Lord St. Helens', £1000; `to my dearest sister', £1000; `to my faithful and valuable friend, the Revd. William Alderson, £1000; `to my aunt Selina Gally Knight (who in the years of my youth had bestowed upon me maternal care)', 20 gns; to testator's uncle, William Philp Perrin, 20 gns; `to my dear and amiable friend Edward Cludde', 20 gns; `to my dear and learned friend Laurence Sulivan', 20 gns; `to my excellent friend George Shee', 20 gns; to every servant living with testator at the time of his death, one year's wages over and above their respective wages; wife Agnes, William Alderson and Laurence Sulivan to be guardians of children; wife to receive residue of personal property and to be residuary legatee; `to my good and affectionate cousin Henry Gally Knight ... as a mark of my ancient friendship', 20 gns.; to my good and affectionate cousin Henry Gally Knight, a grey gelding commonly called Sultan Executors to be Lord St. Helens' and Rev. William Alderson. Dated 6 February - 1809

382 - Memoranda of clauses for Sir Henry FitzHerbert's new will - pre 1820

383 - Draft of contents of Sir Henry FitzHerbert's will - post 1820

384-397 - Draft portions of the will of Sir Henry FitzHerbert with notes by John Beresford - pre 1834

398-410 - Draft wills and codicils of Sir Henry FitzHerbert - 1814-1837

411 - Abstracts of family settlements relating to the Tissington and Bentley estates, 1777-1837 - c.1837

412-417 - Draft deeds upon the marriage of Selina, daughter of Sir Henry FitzHerbert, and Francis Wright - 1837

418-420 - Miscellaneous papers - 1816-1837

421 - Solicitors' bill of costs in relation to the marriage of Captain FitzHerbert with Miss Hepburn - 1841-1842

422 - Short abstract of the settlement made on the marriage of Rev. Godfrey Harry Arkwright and Miss Frances Rafella FitzHerbert - 1844

423 - Probate copy of will of Frances FitzHerbert of 112 Mount Street, Grosvenor Square (co. Middx.) - 1862

424 - Copy will of Frances FitzHerbert: as D239 M/F 423

425 - Copy codicil to will of Frances FitzHerbert; to the trustees of Tissington village school, £2000 free from legacy duty to be invested for the school. Dated 21 March - 1861

426-427 - Solicitors' correspondence with Sir William FitzHerbert over the legacy of £2000 to Tissington school by his late aunt - 1864

428-435 - Series of mortgages by the trustees of the will of Sir Henry FitzHerbert to Sir William FitzHerbert for raising sums under the will of Sir Henry; release and indemnity by legatees (20-28 June 1861); mortgage by trustees (31 December 1863); release and mortgage-merger by Sir William FitzHerbert (26 April 1884) - 1861-1884

436 - Succession account of Sir William FitzHerbert: schedules of real property - 1861

437-478 - Executorship papers of Sir Henry FitzHerbert: succession papers, annuity receipts, correspondence - 1858-1868

479 - Will of Sir William FitzHerbert of Tissington Hall, Bart. Dated 9 February - 1865

480 - Solicitors' costs on the settlement of the proposed marriage of Richard FitzHerbert, eldest son of Sir William - 1866

481 - Proposals for a settlement on the intended marriage of Edward Evelyn Harcourt Vernon of Grove Hill (co. Nottingham) with Miss Frances Theresa FitzHerbert of Tissington Hall - 1883

482 - Agreement concerning the division of the marriage portion of Agnes Martin, wife of Colonel William Martin and daughter of Sir William FitzHerbert - 1889

483 - Account of sums due to the children under the will of Rev. Sir Richard FitzHerbert - 1906

484 - Notice to the trustees of the will of Rev. Sir Richard FitzHerbert of a mortgage by Richard A. FitzHerbert of his life interest thereunder in favour of the estate trustees of the Legal and General Life Assurance Society - 1907

485 - Copy will of Dame Mary Anne FitzHerbert of Quarndon Hall, widow of Rev. Sir Richard FitzHerbert - 1931

486-489 - Correspondence - 1931-1935

490 - A particular of the estate that was the inheritance of Sir John FitzHerbert - [mid 17th cent]

491 - Bond in £500 by William FitzHerbert of Tissington esq. to John FitzHerbert of Doveridge clerk and James FitzHerbert of the Inner Temple gent. his brothers, to indemnify John and James from any claim by George Wall of Wensley gent. concerning Troughs Pasture in Wensley sold by William to Wall, which land is charged (amongst others) with an annuity of £26 1s 6d. payable to Catherine wife of Richard Philips, late wife of Benjamin Bagshaw deceased, which annuity is to be paid by William, John, and James. Dated 15 June - 1749

492-493 - Bonds in £2600 and £7400 by William FitzHerbert to his sister Selina FitzHerbert - 1783

494 - Draft declaration by William FitzHerbert that the title deeds to property in Tissington and Fenny Bentley which was purchased by his father from Richard FitzHerbert in 1755 are now in the hands of James FitzHerbert, uncle of William, as security for the repayment of £700 advanced by James - 1787

495 - Letter about Tissington charities and family wills - [c1780-1790]

496 - List of lands (drawn up for settlement) - [late 18th cent]

497-514 - Receipts from Selina FitzHerbert, later Selina Gally [Knight] to William FitzHerbert, her brother - 1777-1784

515-541 - Receipts from James FitzHerbert to William FitzHerbert, his nephew - 1780-1791

542-552 - Receipts and other notes from Martha Bonfoy to William FitzHerbert, her nephew (see D239 M/F 106-112, 115-122) - 1779-1789

B - Financial

C - Family correspondence

D - General correspondence

E - Solicitor/Lawyer correspondence and bills

F - Diaries and commonplace books

G - Legal Manuscripts

H - Trusteeship and Executorship

I - Miscellaneous Family Papers

J - Alleyne FitzHerbert, first Lord St Helens - 1753-1839

K - Perrin Family

L - Gally Knight Family

M - Manorial records - 1606-1911

O - Public office - 1626-1942

T - Title deeds

UL - FitzHerbert family of Tissington: unlisted records

Z - Miscellaneous

National Coal Board

Tweets by DRO

Local Studies Periodicals

National Coal Board

Harpur Crewe family of Calke

Horace John Rylands (1886-1961) of Bakewell, First World War soldier

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