THE DISPUTE OF WILLIAM CASSWELL’S ESTATE

There are three documents regarding this case.
The 2nd and 3rd documents are logged in the Reunion notes of William’s children, Robert (r 8192) and William (r 11791).

Document # 1

15 May 1722. To the Right Honourable Thomas Lord Parker Earl of
Macclesfield Lord High Chancellor of Great Britain

1) Complaining Show unto your Lordship your Orators and
Oratrixes Richard Pope of Yatesbury in the County of Wilts
yeoman and Christian his wife William Vivash of [blank] and
Susannah his wife (^ Robert Caswell of Cherhill in the County of
Wilts yeoman) and Mary Caswell an infant

2) under the age of one and twenty years by the said Robert
Caswell her next friend or prochain Ann ? William Caswell your
(^ Orator Robt and your) Oratrix’s late father of Cherhill
aforesaid yeoman being in his lifetime and at the time of his
death seized possessed interested in and intituled unto divers
messuages land and tenements

3) ?Freehold? copyhold and leasehold lying and being in Avebury
Cherhill and elsewhere in the said county of Wilts of a
considerable yearly value and in divers good stock cattle game
an hay implements of household and husbandry divers quantities
of plate and linen debts ready money and otherwise to the value
of one

4) thousand and five hundred pounds and upwards, and having two
sons (to wit) William his eldest son and your Orator Robert and
(^ your) Oratrixes and being willing to make some provision for
them and being of sound mind and memory and understanding on or
about the second day of August in the year of our Lord

5) One thousand seven hundred and six duly made his last will
and testament writing to the effect following (viz) to your
orator Robert he bequeathed one hundred and fifty pounds and
appointed that fifty pounds thereof should be employed towards
the buying ?? orators Roberts life in his copyhold estate at

6) Cherhill and the remaining One hundred pounds to be payed
when your orator Robert attained the age of one and twenty years
and the interest in the meantime to be employed for and towards
his maintenance and did thereby give to his three daughters your
oratrixes the sum of one hundred pound apiece to be raised out

7) of the rents and profits of his freehold estate at Avebury
aforesaid as soon as might be by his executors and appointed
that if either of his said daughters happened to die before the
said legacy became payable the legacy of such deceased daughters
should remain to the survivors or survivor of them, and did also
give and

8) bequeath to each of his children one silver spoon and his
daughter Susannah a silver porringer and to your Oratrixes his
wife’s wearing apparel and rings to be equally divide between
them and this said son William his best bed and furniture hereof
and his other goods and furniture to be equally

9) divided amongst his four younger children, and devised to his
son William all his freehold estate at Avebury aforesaid with
all its rights ?? and appurtenances To have and to hold to him
and his heirs forever chargeable nevertheless with the three
hundred pounds to be raised out of the same

10) for his sisters’ legacies as aforesaid by his executors and
all the rest of his goods chattels and credits after his debts
and funeral expenses discharged he devised and bequeathed to
Peter Young of Cherhill aforesaid yeoman, Walter Foreman of
Calne in the said county of Wilts, Mercer, Robert Burchell of

11) Compton Bassett and Clement Burchell of the same place
clothier intrust and confidence that they and the survivors and
survivor of them should with his goods chattels and credits
breed up maintain and educate his children (during their
minority) and divide the overplus among his said children,and

12) made them joint executors of his said will as in and by the
said will relation being hereunto fixed more fully and at large
?? and may appear and shortly after departed this life, and the
said Peter Young, Walter Foreman and Clement Burchell declining
to prove the said will and acting in the said trust p??

13) executorship the said Robert Burchell proved the same in
common form in the proper ecclesiastical court as may appear and
having done so did or ought to have made or taken a true perfect
accompt or inventory of all sand singular the goods,
chattels,rights and credits of the said

14) decedent William Caswell and to have seen the same duly
appraised and your ono further show unto your lordship that
the said William Caswell not having an opportunity to ?? ??or
ad two lives in the said copyhold a marriage between him and one

15) Priscilla [blank] was agreed, to be had and solemnised And
the said William Caswell being willing sufficiently to provide
for his said children not only out of his freeholdlease hold and
personal estate it? was on and before the said marriage
concluded and agreed that

16) she the said Priscilla should have only the yearly sum or
income of seven pounds per annum out of the rents of the said
copyhold estate and that his trustees and executors should take
? all the residue and remainder of his whole estate for the
benefit of and in trust for his the said William Caswell’
children

17) according to his will and that the said Priscilla should not
intermarry or do any act to forfeit the said copyhold premises
and should enter into one bond or obligation of the penalty of
two hundred pounds or some such sum for the due performance of
the said agreement and proposal which she

18) accordingly did to the said Robert Burchel or to some other
person or persons; And the Bond aforesaid being duly given and
duly executed the marriage between the said William Caswell and
Priscilla was had and solemnised and about a month after the
said William Caswell departed this life leaving the said

19) Priscilla, and the said William Caswell his son in the
possession of the house (where he died) where were all the
deeds, and writings relating to his freehold leasehold and
copyhold estates Bonds Bills and other securities and the Bond
executed by the said Priscilla to the said Robert Burchell for

20) the purposes aforesaid and all other the bills bonds
specialties and writings relating to his the said testators real
and personal estate all which? the said Priscilla and the said
William Caswell Robert Burchell and Clement Burchell or some or
one of them took into their some or one of their custody

21) power or possession or suffered some others so to do and all
matters in relation to the said testators estate went fairly and
?? on and the said Priscilla took due care of the testators
children and family and the said William Caswell looked after
and managed the testators

22) real estate as well as the copyhold and by and out of the
same raised very great sums of money almost if not more than was
sufficient to pay all the testators children’s portions with
competent and reasonable allowances for their respective
maintenances or might

23) without his or her wilful neglect or default have done But
instead of making your orators any manner of allowance towards
their education and maintenance treated them in a rude and
unkind manner and forced them to go to service for their
livelihood and subsistence

24) and ?? ?? arrear of the money or yearly allowance of seven
pounds per annum agreed to be paid and made good to the said
Priscilla and reduced her to a low state and condition and
several debates and controversies arising between the said
Priscilla and the said William Caswell

25) the sone touching the said Priscilla’s demands out of the
said decedents estate It was by the mutual consent of the said
William Caswell the son and the said Priscilla referred to the
Reverend Mr John Brunsden ? to settle the same and bonds of
award and arbitration were accordingly

26) executed And the said Mr Brunsden the referee having head
what both parties had to offer upon the matters aforesaid he
upon ?iung them and their proofs on or about the [blank]day of
[blank] in the year of our Lord One thousand seven hundred and

27) [blank] made and published his award in writing and thereby
awarded that the said William Caswell his heirs executers
administrators some or one of them should on or before the
fourth day of August then next pay unto the said Priscilla her
executors Administrators the sum of sixty two

28) pounds and five shillings and give her a bond of five
hundred pounds penalty to pay to her or her assignees one
annuity or yearly rent of seven pounds p er Annum during her
natural life at four payments free of all taxes And also to pay
all the debts and Legacies of the said testator

29) and that the said Priscilla should deliver unto the said
William Caswell the son all the testators household goods corn
cattle wagons ploughs carts utensils and implements of husbandry
then in her custody or power (except wearing apparel) and that
the said Priscilla should

30) permit the said William Caswell quietly and peaceably to
hold and enjoy the said copyhold premises free from all
encumbrances except the said yearly rent of seven pounds and do
no act to prevent or hinder the said William Caswell from
holding and enjoying the same And that here should be general

31) releases executed by all the parties when and as soon as the
matters awarded were complied with As in and by the said award
when produced more fully and at large it will appear reference
being hereunto had And your orator Robert Caswell and orator and
oratrix Richard Pope and

32) Christian his wife and your orator William Vivash and
Susannah his wife and your orator Mary (^Caswell) in regard
they nor either of them had received? their respective legacies
or any interest for the same or any thing towards their
subsistence and maintenance And being necessitated to work for

33) their maintenance and no account or inventory being
exhibited of the testator William Caswell’s estate real and
personal And the said Robert Burchell and William Caswell the son
having had the sole management of all the testators estate and
disposed thereof as they thought fit your orators and oratrixes
by

34) themselves and friend applied to the said Robert Burchell and
William Caswell for satisfaction in the premises and were in
hopes of having the same and no reason to complain of their
neglect or injustice But so it is may it please your Lordship
that the said Robert Burchell before he had made or rendered

35) any account or satisfaction for their said testators estates
came to his hands or use on or about the [blank] day of [blank]
one thousand seven hundred and [blank] departed this life
intestate and simon vivash (^ of Calne in the county aforesaid)
being his administrator or executor he or others by his

36) order took possession of al the estate which the said Robert
Burchell died possessed of or interested in as well real or
personal estate sufficient to pay all his debts and to make good
what he had received? by from or out of the estate of the said
decedent William Caswell with a very considerable overplus

37) and (^ ??) reputed a rich man, and to have very great sums
of money due to him by specialties ?? Mr Andrew Cripps the said
Clement Burchell and Anne Burchell widow and relict of the said
Robert Burchell, Simon Vivash or some other person or persons
either as executors or administrators by the said

38)Robert Burchell entered in to and upon all the said Robert
Burchell’s estate real and personal and all the deeds evidences
and ?? not only relating to (^ ??) Robert Burchell’s own estate
but also the said decedent William Caswell’s and particularly
the bond given by the said William Caswell

39) junior to pay all his father’s debts and legacies and the
said bond for securing his so doing and paying the said annuity
or rent charge of seven pounds per annum out of the said
decedent’s copyhold estate to the said Priscilla and the surplus
of rents thereof for the benefit of your orators and oratrixes
(^ ?? also ?? ?? Priscilla to ?? paid out of the said copyhold
estate) {check this bit}

40) and the said Priscilla Caswell William Caswell Andrew Cripps
Clement Burchell and Anne Burchell widow and Simon Vivash being
come to an agreement between themselves and taking the advantage
of their and the said Robert Burchell’s proceedings in relation
to the matters before charged and the ??

41) disability that your orators and oratrixes lie under,
touching the same or discovery of the same matters and by
combination and confeder.. together and with several other
persons (at present unknown to your orators and oratrixes) but
when discovered your orators and oratrixes pray leave to

42) insert their names and to make them parties hereto with apt
words to charge them do endeavour to defraud your orators and
oratrixes of what is coming to them from and out of their
father’s estates according to the true interest and meaning of
his will and the said bond given by the said Priscilla

43) before her intermarriage as aforesaid and keep them in
ignorance have and do conceal the testator’s estates and now
they and ?? of them give out in speeches that the said William
Caswell the elder and the said Robert Burchell died intestate and
that they some or one of them are not otherwise

44) interested or concerned in either of their estates or
affairs than as neighbours or friends, or at most are only
Administrators durante? ?? and having fully administered their
Intestate’s estates in paying their funeral expenses debts and
the charges of taking out the several administrations are as

45) they insist in no sort accountable to your orators and
oratrixes at least for no more than actually came to their hands
and that (they nor?) neither of them ever knew read or saw the
said testator ec’s will or the bonds or obligations agreement
award or contract made with the said

46) Priscilla or do know what the contents or substance of the
same are or is and untruly affirms that no bonds or notes was or
were given in relation to the said copyhold estate of the payment
of the said seven pounds per annum or the debts and legacies
given and debts due from the said William Caswell the

47) elder and the said William Caswell the younger having the
p’ssion, of his the testators inventory deeds bills bonds and writing
s …me other person or persons by his order or with his
private consent or approbation have or hath stifled?cancelled
burnt or destroyed the same, and if not destroyed ??

48) know have heard or been informed in whose hands custody or
power the same is, are or were or what is become of the same
But? ?? means the said confederacies cannot be prevailed with to
discover when where or in whose hands or p’ssion he she or they
or either of them last saw the same or any of

49) them or the dates substance or contents of such writings as
came to their or either of their hands since upon or before the
death of the said William Caswell, r how they any or either of
them have applied or disposed of the rents and profits of the
said decedent William Caswell’s estate real and personal

50) or the true yearly value thereof or what estate right title
or interest he had in the same or who have or hath had the
p’ssion … been in the receipts of the rents? and profits
thereof, nor will the said confederates discover what estate
real and personal the said Robert Burchell left or

51) wherein it consisted (^ or how disposed of) who is or hath
been in the p’ssion of the same or what debts the said William
Caswell and Robert Burchell either of them owed or stood indebted
at the times of their respective deaths and how secured and to
whom and what part thereof is paid and to whom and when by whom,
and how

52) much the said decedents or either of them was or were
indebted and for what and how secured and the date substance and
contents of their resp…e securities and by whom and upon what
consideration made granted or assigned and who drew and
ingressd? such security or securities bills bonds bargains and
sales

53) and who were or was witness or witnesses to the same and the
place and places of his and their abode and whether ante dated or
not and antedated for what intent or purpose, and at whose costs
and expense was or were the same made or drawn ingrosse and
executed and who besides the subscribing

54) witnesses was or were also by and present and the places of
their respective habitations nor will the said confederates by
fair me…e prevailed with to pay your orators and oratrixes
their respective legacies with the interest thereof or the sum
allowed and appointed for their maintenance and education or

55) give them any kind of satisfaction in the p’mises to the
utter ruine of your orators and oratrixes and contrary to all
manner of equity bid def… to their demands and declare that
they will not without being compelled make any kind of discovery
being as they are pleased to declare unprovided so to do or
compellable but

56) in this Hon\ble court where your orators and oratrixes
hope the said confederates shall be compelled to make full
discovery of the ?? upon their respective Corporal Oaths To the
End therefore that the said confederates and every of them may
make a full plain and direct answer to the matters before

57) charged as if the same had been here again particularly
repeated and interrogated and may set forth the date substance
and contents of the said decedent’s will and by whom and in what
court proved and a true copy of the inventory made and taken of
the said William Caswell’s personal

58) estate and whether the same was fully discovered inventoried
and appraised and by whom by name and by whose order or
direction ….hether there were any thing omitted out of the
said inventory and what and of what value and fr what cause or
reason and to whose use did the same came

59) And may also set forth whether the said Robert Burchell made
any will and the date and substance and contents of the same And
may either …tt assets sufficient of his estate to pay his
debts and the moneys due and of right belonging to your orators
and oratrixes or in default thereof set forth a true and

60) perfect inventory of the same and by whom made taken valued
and appraised And may also set forth how they have disposed of
the …all and personal estate of the said decedents William
Caswell and Robert Burchell or either of them sand how they came
..ame and what deeds bonds or writings which any way relate to
or concern the real and personal estates of the said William
Caswell and Robert Burchell

62) or either of them And what and how much the said decedents
or either of them owed or stood indebted to the said
confederates or either of .. at the times of the irrespective
deaths and how, and in what measure secured, and what he or they
have or hath received for or towards the same and the times when
and

63) upon what security and what is become of the same,and
whether they the said confederates any or either of them have or
hath alter… ..stroyed or concealed any of the deeds and
writings relating to either and which of the? said decedents and
for what intent or purpose and there was or was

64) not such bond entered into by the said Priscilla before her
intermarriage with the said decedent (^William) Caswell as
before is set forth and what bond …may set forth the content
……… and in whose hand …. custody power or p’ssion the
same now is (^…) and may also set forth whether there was or
was not such ref..ence to the said

65) Mr Brunsden and such award made as aforesaid or what other
and whether complied with or not and what part isun performed
and by whom …ow far was such reform to extend and who were
parties to the same And what they know have heard or do believe
concerning the matters aforesaid And that your orators

66) and oratrixes may have such relief in the p’mises as the
nature of their case require and agreeable to equity and your
lordships Gre.. ?? May it please your lordship to grant to your
orators and oratrixes his ?? most gracious writ (^ orwrits) of
subpoena to be directed to the said William Caswell

67) Anne Burchell widow Andrew Cripps Clement Burchell Priscilla
Caswell and Simon Vivash and the rest of the confederates when
disco..red her by commanding them and every? of them … and
under a certain pain therein to be limited personally to be and
appear before your lordship in his Hon\ble

68) Court (^ … and … And…) And further to stand to and
abide such further order and device herein as to your Lordships
shall seem meet And your orators and oratrixes shall ever pray
pd?.

An entry of the form (^ {text}) shows that the text was inserted
above the line at this point (usually as an afterthought, by the
look of things). 2) Chambers dictionary defines next friend as
“a person appointed, or permitted, by a court of law to acton
behalf of a minor or other person under legal disability”.

The several answer of Andrew Cripps Clement Burchell and Anne
Burchell three of the defendants to the bill of Complaint of
Richard Pope and Christian his wife William Vivash and Susannah
his wife Robert Caswell and Mary Caswell an infant under the age
of one and twenty years by the said Robert her next friend
complainants

1) These defendants saving and reserving to themselves all
benefit and advantage of exception to the uncertainties and
insufficiencies in the complainants’ said bill of complaint
contained for answer thereunto or to so much thereof as these
defendants are advised to be

2) material for them to make answer unto they do (each speaking
for him and her self) severally answer and say that they believe
it to be true that William Caswell deceased in the bill named
made his will bearing date on or about the second day of august
one thousand

3) seven hundred and six and that he thereby made such devises
and bequests or to such effect as in the complainants’ said bill
for that purpose are set forth but for greater certainty these
defendants crave leave to refer to the said will and these
defendants severally believe

4) that the said William Caswell after the making of his will
intermarried with Priscilla Caswell in the bill named and that
upon and before such marriage some agreement was made by the
said William Caswell that some provision should be

5) made for the said Priscilla out of his copyhold estate in the
bill mentioned and for any thing these defendants respectively
know to the contrary such agreement might be to the effect in
the bill for that purpose set forth and that the said

6) Priscilla might before her said marriage enter into some bond
or obligation but what was the condition thereof or to whom the
same was given these defendants know not and all these
defendants severally deny (each speaking for

7) him and her self) that they or either of them to the
knowledge of each other have or hath the said bond in their
respective custody or power nor do they know what is become of
the same And these defendants severally say they respectively

8) believe that the said testator in some short time after his
marriage with the said Priscilla departed this life leaving the
said Priscilla his wife and five children by a former wife viz.
the said defendant William Caswell and the complainants

9) Robert Caswell Christian Pope Susanna Vivash and Mary Caswell
And this defendant Clement Burchell doth admit that he was named
one of the said testators executors and that he did decline
acting in the said executorship and

10) believe that Peter Young Walter Foreman and Robert Burchell
were also named executors of the said will and that the said
Young and Foreman did also decline acting in the said
executorship but whether the said Robert Burchell did take

11) upon him the said executorship and prove the said will or
whether he or any other person did cause any inventory to be
made of the said testator’s personal estate all these defendants
each speaking for him and her self severally say

12) they respectively know not And these defendants severally
say they believe that the said defendants William Caswell and
Priscilla Caswell were in the said testator’s late dwelling
house when he died and what deeds writings bonds notes or

13) securities of or belonging to the said testator or his
estate (if any) were in his said dwelling house at the time of
his death these defendants believe the said Robert Burchell
sometime afterwards possessed himself of the same and this
defendant

14) Clement Burchell for himself doth deny that he was or ever
had to his knowledge or remembrance in his possession or power
any deeds writings bonds notes or securities which belonged to
the said testator or his estate at the time of his

15) death or that he this defendant has permitted any other
person to take into his possession any such deeds writings or
securities nor has this defendant possessed any bond entered
into by the said William Caswell the son for the payment of his

16) father’s debts and legacies (if any such there was) and
these defendants severally say they respectively believe that
the said William Caswell the son might manage the said
testator’s real and copyhold estate but what sums of money he

17) received or raised thereout these defendants severally say
they respectively know not nor do they respectively know that he
treated his brother and sisters in a rude and unkind manner or
forced them to go to service for their livelihood

18) and subsistence or that any debates or controversies arose
between him and the said Priscilla nor do these defendant know
anything of their own respectively knowledge of any award made
touching any such

19) controversies by Mr John Brunsden in the bill named or what
was done in pursuance thereof (if any such there was) and these
defendants severally say they respectively believe that the said
Robert Burchell died

20) intestate on or about the twenty sixth day of July one
thousand seven hundred and fourteen but do not respectively know
that Simon Vivash in the bill named took administration to him
or that any person by the order of the said

21) Simon Vivash took possession of any part of the personal
estate of the said Robert Burchell But these defendants Andrew
Cripps and Clement Burchell severally say that the said Robert
Burchell having (as these defendants

22) respectively believe) contracted several debts and being (as
these defendant also respectively believe) unable to make full
satisfaction to the creditors he the said Robert Burchell some
time before his death by a bill of sale

23) duly executed under his hand and seal as these defendants
respectively believe and bearing date the nineteenth day ofJuly
Anno Dom one thousand seven hundre and fourteen setting forth
that the said Robert Burchell was

24) indebted to the several persons in the several sums there in
mentioned the whole of which he was unable to pay and that the
defendants Andrew Cripps and Clement Burchell had undertaken to
pay to the said creditors after the rate

25) of twelve shillings and sixpence for each pound or twenty
shillings so due from the said Robert Burchell and that the
creditors had agreed to accept the same did for the
considerations therein mentioned bargain sell and demise unto
those

26) defendants Andrew Cripps and Clement Burchell the house barn
garden and orchard and all arable land of him the said Robert
Burchell in Compton Basssett in the county of Wilts then or late
in his possession whereon then or late was any wheat barley

27) oats and pease standing or growing To hold to the defendants
Andrew Cripps and Clement Burchell their executors
administrators and assignees from the day next before the day of
the date thereof to the feast day of St Michael the Archangel

28) then next following and the said Robert Burchell did also by
the said bill of sale bargain and sell to these defendants
Andrew Cripps and Clement Burchell all the wheat barley oats and
pease then or late standing or being in or upon the

29) said premises being by computation in the whole three and
twenty acres and an half one hundred and sixteen sheep two wagons
two dung pots cart harness and plough harness for five horses
one drag four harrows two ploughs

30) four cows three mares and one gelding and all the chattels
and household goods of the said Robert Burchell (except the
wearing apparel of him his wife and children) To hold to the
said Andrew Cripps and Clement Burchell their executors
administrators and

31) assignees as their own goods and chattels for ever As by the
said bill of sale ready to be produced may appear and these
defendants Andrew Cripps and Clement Burchell say that in
pursuance and by virtue of the said bill of sale they took

32) into their possession the said lands with the crop of corn
and some hay sheep horses and other stock of the said Robert
Burchell’s the particulars whereof are mentioned in the first
schedule hereunder written which they pray may be taken as part
of this

33) their answer and these defendants say they valued and
appraised the several things in the said schedule mentioned
together with the crop on the ground [many blank spaces]

34) [blank spaces] at several sums amounting in the whole to the
sum of one hundred and fifty seven pounds (^and four shillings)
The particulars of which appraisement are also mentioned in the
first schedule and this defendant Clement Burchell saith that

35) he afterwards let the lands and sold the said stockcrop and
other things which had been so appraised at several rates and
prizes amounting in the whole to the sum of ninety three pounds
twelve shillings and sixpence and no more and

36) this defendant saith he has paid several sums of money in
discharge of the said Robert Burchell’s debts and funeral
expenses and for taxes and on some other amounts the particulars
whereof are mentioned in the second schedule which this

37) defendant also prays may be taken as part of this his answer
but this defendant saith he cannot set forth the exact days of
payment of the said several sums in the said second schedule
mentioned but believes the same to be all within a year after

38) the death of the said Robert Burchell Besides which this
defendant Andrew Cripps saith he hath (^paid) out of the money
arising upon sale of the said stock ?? the sum of thirty pounds
to one William Iles in discharge of a bond entered into by the
said Robert Burchell

39) as the same appears to be for payment of twenty pounds and
interest and for interest and law charges and all the said
defendants severally say they do not respectively know or
believe that the said Robert Burchell left any real estateor
that he died possessed of or any

40) ways entitled unto any goods chattels or personal estate
(except the wearing apparel of him his wife and children) and
these defendants Andrew Cripps and Anne Burchell severally deny
(each speaking for him and her self) that they are or either of
them to the knowledge

41) of each other have possessed any deeds or writings belonging
to the said testator William Caswell or his estate or any bond
entered into by the said William Caswell the son to pay his
father’s debts and legacies or for any other purpose whatsoever
or any bond entered into by

42) the said Priscilla Caswell for her acceptance of seven
pounds a year out of the said testator’s copyhold estate or for
any other purpose whatsoever And all the said defendants (each
speaking for him and her self) severally deny that they these
defendants and the said Priscilla Caswell William

43) Caswell the son and Simon Vivash have come to any agreement
between themselves or have taken advantage of any disability the
complainant may be under if any such there is or have
endeavoured to defraud the complainants or any of them of
anything that justly belongs to them out of the said testator’s
estate or to keep

44) them in ignorance or that they these defendants or any of
them to their respective knowledge do conceal any part of the
said testator’s estate or that they ever refused to discover the
personal estate of the said Robert Burchell or how the same has
been applied or disposed of or what debts he owed at his death
or how the same

45) were secured or what part thereof had been paid or ever bid
the complainants defiance or ever declared they would not make
any kind of discovery without being compelled so to do And these
defendants Andrew Cripps and Clement Burchell each speaking for
himself severally say that no part of the said stock

46) and other things mentioned in the said first schedule was
part of the said testator William Caswell’s real or personal
estate and severally deny that they or either of them to the
knowledge of each other have or hath possessed any part of the
said testator’s personal estate And this defendant Anne Burchell

47) doth deny that she had possessed any part of the said
testator William Caswell’s real or personal estate or any deeds
bonds or writings relating thereunto And all the said defendants
severally say that they do not respectively know or believe that
the said Robert Burchell left any real

48) estate whatsoever (except the copyhold estate hereinafter
mentioned) and severally say that they respectively claim no
right or title to the real or personal estate of the said
testator William Caswell nor any right of title to the said
Robert Burchell’s personal estate other than by

49) virtue of and under the said bill of sale and except such
satisfaction as they may respectively claim of their respective
debts hereinafter mentioned And this defendant Anne Burchell
saith that she claims no right or title to the personal estate
of the said Robert

50) Burchell neither doth she know that he died possessed of or
entitled any (except the wearing apparel aforesaid) And this
defendant Anne Burchell saith that the said Robert Burchell died
in possession of a copyhold estate within the manor of Compton
Bassett in the county of Wilts

51) of about thirty pounds per ann. which she claims during her
widowhood according to the custom of the said manor And this
defendant Clement Burchell saith that the said Robert Burchell
at the time of his death was justly indebted to this defendant
in the sum of fourteen pounds for corn and for

52) money lent to and paid for the said Robert Burchell in his
lifetime but this defendant had no bond or other security for
the same And this defendant Andrew Cripps saith that the said
Robert Burchell at his death was also justly indebted to this
defendant Andrew Cripps saith that the said Robert Burchell at
his death was also justly indebted to this defendant in the sum
of thirty seven pounds for rent

53) and for money lent to and paid for the said Robert Burchell
in his lifetime for which this defendant had likewise no
security And this defendant saith that soon after the said
Robert Burchell’s death he this defendant by virtue of thesaid
bill of sale possessed some stock to the value of ten pounds and
no

54) more as this defendant believes which stock this defendant
has taken towards satisfaction of his said debt as he hopes and
insists he lawfully may And both these defendants severally say
they respectively believe that the said Robert Burchell at his
death was also indebted to several other persons in

55) several sums of money by bond and simple contract the
particulars of which debts so far as the same have come to the
respective knowledge of these defendants are set forth in the
third schedule hereunder written which they also pray may be
taken as part of this their answer And all the said

56) defendants each speaking for him and her self severally
deny that they have altered destroyed or concealed any deeds or
writings relating to the real or personal estate of the said
testator William Caswell or that they have concealed any part of
the personal estate of the said Robert Burchell and also
severally deny all

57) combination and confederacy whereby to defraud the
complainants in any manner whatsoever without that that there is
any other matter cause or thing in the complainants’ said bill
of complaint contained material or necessary in the law for
these defendants or either of them to make answer unto and

58) not herein or hereby well and sufficiently answered unto
confessed or avoided traversed ordained is true to the knowledge
of these defendants All which matters and things these
defendants are ready to aver maintain and prove as this
honourable court shall award and humbly pray to be hence

59) dismissed with their reasonably costs and discharges in this
behalf most wrongfully sustained

Notes: 3, 25) Chamber’s Dictionary has devises: property
bequeathed by will. devise: to bequeath demise: to send down to
a successor, to bequeath by will. The word “hold” seems to have
been used as a synonym for “belong” in several places, but my
dictionary doesn’t have that definition.

17) “reced” is actually the first word; I assume that this is a
standard abbreviation at that time for “received”

20) The Compton Bassett registers record the burial of Robert
Burchell on 27 July 1714. There is no burial recorded in1722
in Compton Bassett for any Robert Burchell, which was when
letters of administration were granted to Simon Vivash
(witnessed by Richard Pope and William Vivash). Perhaps the
existence of both complainants as witnesses means that Simon
Vivash was forced to make an inventory, albeit 8 years late, for
the sake of this very chancery case.

The first schedule mentioned in this answer

Three & twenty acres of wheat barley

& oats and pease at 2:10s per acre 60-00-00

Four horses and their harness 25-15-00

Two wagons and two dung pots 17-00-00

One drag four harnesses two plough 3-09-00

One hundred and sixteen sheep 30-00-00

Four ewes 14-00-00

Hay 7-00-00

                                    157-04-00

The second schedule mentioned in the answer

Paid for wine at Robert Burchell’s funeral to Richard N?utt
7-00

Paid for a coffin for Robert Burchell to James Cue16-00

Paid Walter Forman for a funeral suit for Robert Burchell
8-06

Paid Joseph Breach for [blank] 12-06

Paid Mr Hedges for rent 10-03-04

Paid the land tax for the estate 18-08

Paid Thomas Vivash in full of his bond 10-00-00

Paid Phillip Barrett for sheep keeping 15-09

Paid Matthew Fewkes? in full of his bond 26-00-00

Paid Mr Thomas Sharpe in full of his bond 30-00-00

Paid Henry Brewer for a horse 1-18-00

Paid Thomas Cue for malt 3-01-00

Paid Robert Bond in full for rent 5-11-04

Paid the land tax 10-08

Paid Walter Forman for a book debt 6-00-00

Paid William Iles the remainder of a Bond debt 9-06

Paid two? double rates to the church 5-04

Paid John Holly? for sawing 10-00

Paid John Moore for Carpenter work 1-00-00

Paid Stephen Clark for wheeler’s work 13-00

Paid William Prater for labour 11-00

Paid John Horton for wages?stages? 1-01-00

Paid to the person who bought the sheep …??1-06-00

                                108-09-07

The third schedule mentioned in the answer

Due upon bond to William Iles for principal

interest and charges 30-19-00

Due upon bond to Mr Thomas Sharpe

for principal and interest 52-11-00

Due for seed wheat to Mrs N?alder 1-19-00

Due to Andrew Cripps for rent and for money lent to ??

for Robert Burchell 37-00-00

Due to William Neate for seed wheat 2-00-00

Due to [blank] Benger for barley 1-10-00

Due to Mr Hedges? for rent 7-00-00

Due upon bond to Priscilla Caswell 17-12-00

Due upon bond to Mary Hall 56-10-00

Due upon bond to Thomas Vivash 20-16-00

Due to Noah Stiles 3-10-00

Due to Walter Forman for wares 7-06-00

Due upon bond to Matthew Fewkes 33-13-00

Due to Samuel Seager for goods 6-02-00

Due to John Willis for work 4-12-00

Due to Stephen Clark for work 2-00-00

Due to John Moore for work 3-00-00

Due to John Keate for work 4-10-00

Due to Henry Brewer upon account for a horse 1-18-00

Due to William Dangerfield upon bond 1-10-00

Due to [blank] Seager widow for medicines 5-00-00

Due to Mr Walter Harvey for Law Charges 1-00-00

Due to Robert Tompkins upon Bond 1-10-00

Due to Clement Burchell for coins and for money lent

to and paid for Robert Burchell 14-00-00

                            total   316-19-06The 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 defendant doth
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 make answer
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.

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