Michael D.Heath-Caldwell M.Arch.

1788

James Caldwell of Nantwich (formerly from Beith) - age 66/67 

Hannah Caldwell (ne Armstrong)

Margaret Skerrett (ne Caldwell) - 38/39 

Anne Caldwell of Nantwich  -  29/30 

Elizabeth Caldwell (Bessy) of Nantwich - 21/22 - daughters of James Caldwell of Nantwich

Hannah Stamford of Linley Wood - 34/35 - Elizabeth Caldwell's sister 

James Caldwell of Linley Wood – aged 28/29 - son of James Caldwell of Newcastle-under-Lyme

Elizabeth Caldwell of Linley Wood – aged 33/34 

Hannah Caldwell (later Roscoe) – aged 2/3 

Stamford Caldwell – aged 1 (born Dec 1787)

 Chester Courant

Tuesday 4 March 1788

Nantwich, Feb. 28, 1788

James Caldwell, Linen-Draper, Haberdasher, Hosier, &c. Returns sincere Thanks to his Friends and the Public, for the numerous Favours conferred upon him, in the above Branches, during a Term of upwards of thirty Years; and begs Leave to recommend Mr. James Meek, of Newport, Salop (who will succeed him) to their Patronage and Favours.

The partnership of Sparrow & Caldwell came to an end, in or before 1788, as from 1788 to 1795 James was in partnership with John Martin Attorney at Law.

The correspondence below appears to be James Caldwell buying the Linleywood estate, then known as Montpelier

Draft of an agreement

This Indenture made the – day of – in the 28^th year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain, ffrance and Ireland, King Defender of the ffaith and so forth and in the year of our Lord One thousand seven hundred and eighty eight [1788]

between Charles Bate of Nantwich in the County of Chester Gent and William Yoxall of Nantwich aforesaid Gent in the first part John Lawton now or late of Lawton in the County of Chester Esq

of the 2^nd part and James Caldwell of Newcastle under Lyme in the County of Stafford Gent of the third part and Abraham Crompton, Gent of Chorley aforesaid – of the 4^th part,

whereas by certain [Indentures?] of Lease and Release bearing date respectively on or about the fourth and fifth days of December which was in the year of our Lord 1778 made or mentioned to be made between the said John Lawton of the one part and the said Charles Bate and William Yoxall of the other part reciting as therein is recited

It is witnessed that for the consions therein mentioned the said John Lawton would grant, bargain sell alien release and confirm unto the said Charles Bate and William Yoxall their heirs and assigns and amongst other Hereditaments all being the messuages or tenements lands and Hereditaments therein and herein after particularly mentioned and described and intended to be hereby granted and released said Charles Bate and William Yoxall with the consent and approbation of the said John Lawton

for the absolute purchase of the fee simple and inheritance of the said messuages or tenements lands and Hereditaments and premises [‘hereinafter particularly mentioned and described and intended to be hereby granted and released’ crossed out] at or for the price or sum of £750.

Now this Indre [Indenture] witnesseth that in pursuance of the performance of this Agreement and for and in consideration of the sum of £750 of lawful money of Great Britain

to the said Charles Bate and William Yoxall in hand well and truly paid by the said John Beckett at or before the sealing and delivery of these presents with the inset and approbation of the said John Lawton certified by his being made a party to and seals the receipt and payment whereof this the said Charles Bate and William Yoxall

do hereby [responsible?] acknowledge and thereof and of and from the same and every part thereof  do and each of them doth acquit release and discharge the said John Beckett his heirs executors and assignees and every of  them for ever by these presents and also in consion of the sum of 10s of like lawful money of Great Britain to the said John Lawton in hand also paid by the said James Caldwell [‘John Beckett’ crossed out] at or before the sealing and delivery [‘of the said presents’ crossed out] him of the receipt whereof is hereby acknowledged

they the said Charles Bate and William Yoxall have and each of them hath bargained sold aliened and released and by these presents do and each of them doth bargain sell alien and release and the said John Lawton hath granted bargained sold aliened released ratified and confirmed and by these presents doth grant bargain sell alien release ratify and confirm unto the said James Caldwell and Abraham Crompton the and in their actual possession now being by virtue of a bargain and sale to them thereof made by the said Charles Bate, William Yoxall and John Lawton

for the term of one whole year in Conson of 5s by Indenture bearing date the day next before the day of the date of these presents and executed before the execution hereof and by force of the statute made for transferring uses into and to their heirs and assigns

all that messuage or tenement situate standing and being at Montpelier in the Hamlet or liberty of Talk ‘oth’ Hill aforesaid in the parish of Audley in the said County of Stafford with all houses edifices barns stables buildings yards orchards gardens arable lands meadows pastures feedings woods underwoods and other the lands Hereditaments and appurtenances to the said messuages or tenements belonging or appertaining or reputed so to be or therewith usually held used or enjoyed 

and which were formerly in the tenure holding or occupation of the said Henry Hough Gent and Mary Rowley and afterwards in the several holdings of Timothy Hope, Thomas Johnson and John Lowe, late in possession of the said John Lawton, his assignees or [attendents?] but now of – his assignees or [Hereditaments?]

and which 9, lands contain in the whole by estimation – acres or thereabouts to the same more or less and the revenue and revenues, rent and rents yearly and other rents issues and profits of all singular the said premises and all the estate right Title interest use trust benefit property claim and demand whatsoever

of them the said Charles Bate, William Yoxall and Charles Lawton and each and every of them in to from or out of the same premises way or any party or parcel thereof to have and to hold the said messuages or tenement lands Hereditaments and all and singular other the premises hereby granted and received or mentioned, intended so to be and every part and parcel thereof with their and every of their appurtenances

unto the said [‘John Beckett’ crossed out] James Caldwell and Abraham Crompton, their heirs and assignees to the only proper use and behoof of the said [‘John Beckett’ crossed out] James Caldwell and Abraham Crompton their heirs and assignees [‘for ever’ crossed out] in trust

nevertheless as to the Estate and interest of the said Abraham Crompton the younger for the said James Caldwell his heirs and assignees for ever and to or for no other use interest or purpose – and the said Charles Bate and William Yoxall for themselves [seolly?] of further[sertgt?] respective heirs executors and administrators do and each of them doth covenant promise and agree to and with the said [‘John Beckett’ crossed out] James Caldwell his heirs and assignees by these presents

that it shall and that they the said Charles Bate and William Yoxall have not nor either of them hath at any time heretofore made and or committed or wittingly or willingly suffered to be made done so committed any act matter or thing whatsoever whereby or by means whereof the said messuages or tenements lands Hereditaments and premises hereby granted and [telled?] or mentioned or intended so to be or any part thereof is are can shall or may be impeached charged incumbered or affected in Title Charge Estate or otherwise however

And the said John Lawton for himself his heirs executors and administrators doth covenant promise and agree to and with the said James Caldwell his heirs and assignees by these presents in manner and form following that is to say that for and notwithstanding any act matter or thing whatsoever by him the sad John Lawton done committed or suffered to the contrary they the said Charles Bate and William Yoxall and John Lawton now at the time of the sealing delivery of these presents are and rents issues and profits thereof and of every part and parcel thereof to his and their own use to have receive and take without any the lawful let suit trouble denial eviction or interruption whatsoever

for by the said John Lawton his heirs and assigns or any other person or persons whomsoever lawfully claiming or do claim by here under or in Trust for them either or any of them and that free and clear and freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved defended kept harmless and indemnified of from an agreement all and all manner of former and other gifts grants bargain sales leases mortgages [formtures?] and owers uses trusts wills intails statutes recognizance judgments extents execution and of from and of and all and singular other estates titles troubles burthens charges encumbrances whatsoever at anytime heretofore had made done committed occasioned or suffered or to be had made done committed occasioned or suffered

by the said John Lawton his heirs or assigns or any other person or persons whomsoever lawfully claiming or to claim by from under or in trust for him them or any of them

and moreover that he the said John Lawton and his heirs and all and every other person or persons whomsoever having or lawfully claiming or who shall or may have lawfully claim any estate right title benefit trust or interest either at Law or in equity of into from or out of the said messuage or tenements lands hereditaments and premises

hereby granted and released or ment and intended so to be or any part thereof by from under or in trust for him them or any of them shall and will from time to time and at all times hereafter on every reasonable request

and at the proper costs and charges of the said [‘John Beckett’ crossed out] James Caldwell his heirs executors administrators or assigns make do acknowledge – suffer and except or cause or procure to be made done acknowledge levied suffered and executed all and every such further and other lawful and reasonable acts deeds devices conveyances and assurances in the law whatsoever for the further better more perfect and absolute granting conveying and assuring the said messuages or tenement lands hereditaments and premises hereby granted and released and every part and parcel thereof with their and every of their appurtenances

unto the said James Caldwell and Abraham Crompton  the yt their heirs and assigns in trust nevertheless as to the estate fortune of the said Abraham Crompton the younger for the said James Caldwell and his issue and his heirs or assigns or his or their Counsel learned in the law shall be lawfully and reasonably devised or advised required in Witness and

[down side of page] May be lawful to and for the said James Caldwell and Abraham Crompton their heirs and assigns according to their estates as and from time to time at all times hereafter [penually?] and quietly to cater and come into and purchase hold occupy possess and enjoy the said messuages or tenements lands Hereditaments and premises hereby granted and released or mentioned and intended so to be and the rents incomes and profits thereof and of  every part and parcel to his and their own use to have receive without any loss, suit, trouble denial circution of or by any person or present – - lawfully claim or to claim by from them or either of them or by entire of the said –

This Indenture made the – day of – in the twenty eighth year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain France and Ireland King Defender to the Faith &c and in the year of our Lord 1788

Between Charles Bate of Nantwich in the County of Chester Gent: and William Yoxall of Nantwich aforesaid Gent: of the first part, John Lawton now or late of Lawton in the said County of Chester Esq: and Ann his wife

of the second part James Caldwell of Newcastle under Lyme in the County of Stafford Gent: of the third part and Abraham Crompton the Younger of Chorley in the County of Lancaster Esq. (a Justice nominated by the said James Caldwell for the purpose hereinafter mentioned) of the fourth part

Where as a certain Indenture of Lease and Release bearing date respectively on or about the fourth and fifth days of December which was in the year of our Lord 1778 and made or mentioned to be made

between the said John Lawton of the one part and the said Charles Bate and William Yoxall of the other part Reciting as therein is recited It is Witnessed that for the consions therein mentioned the said John Lawton did grant bargain sell alien release and confirm with the said Charles Bate and William Yoxall their heirs and assigns amongst other Heirs

All and singular the messuage or tenement lands and heredits therein and herein after particularly mentioned and described and intended to be hereby granted and released to Hold unto and to the use of the said Charles Bate and William Yoxall their heirs and assigns for ever Upon Trust that they the said Charles Bate and William Yoxall their heirs and assigns did and shall with all convenient speed sell and absolutely convey the said messuage or tenement lands and heredits and the Fee Simple and Inheritance thereof either entire and together or in separate and distinct Lots as they should think most proper for the best rate and price that could or might be reasonably and conveniently had or gotten for the same

and did and should retain or pay and apply the money arising by such sale in satisfaction and discharge of such part of the debts as were then due and owing from the said John Lawton as they the said Charles Bate and William Yoxall their executors and administrators or assigns would think proper

And it is by the now reciting Indenture declared and directed that the receipt or receipts of the said Charles Bate and William Yoxall their heirs and assigns should effectually discharge the purchaser or purchasors of the said premises or any part thereof of and from so much of the purchase money for which such receipt or receipts should be given

and that such purchaser and purchasers should afterwards be acquitted and discharged of and from the same

And should not be responsible for any loss misapplication or nonapplication of the said purchase money or any part thereof as in and by the said hereinbefore in part recited indenture of Lease and Release reference being thereunto had will more fully and atlarge appear

And whereas the said James Caldwell hath constructed and agreed with the said Charles Bate and William Yoxall with the consent and approbation of the said John Lawton for the absolute purchase of the Fee Simple and Inheritance of the said messuage or tenement lands heredits and premises at or for the price or sum of £750

Now This Identure Witnesseth that in pursuance and performance of the said Agreement and for and in consion of the Sum of £750 of lawful money of Great Britain to the said Charles Bates and William Yoxall in hand well and truly paid by the said James Caldwell at or before the sealing and delivery of these presents

with the Consent and approbation of the said John Lawton testified by his being made a party to and sealing and delivering these presents the receipt whereof

they the said Charles Bate and William Yoxall do hereby acknowledge and thereof and of and from the same and every part thereof they the said Charles Bate and William Yoxall and also the said John Lawton do and each and every of them doth aquit release and discharge the said James Caldwell his heirs executors and administrators and every of them for ever by these presents

And Also in consion of the Sum of 10s of like lawful money of Great Britain to the said John Lawton in hand also paid by the said James Caldwell at or on before the sealing and delivery of the receipt whereof is hereby acknowledged they the said Charles Bate and William Yoxall Have and each of them Hath bargained sold aliened released and confirmed and by these presents Do and each of them Doth bargain sell alien release and confirm

And the said John Lawton hath granted bargained sold aliened released ratified and confirmed and by these presents Doth grant bargain sell alien release ratify and confirm unto the said Jame Caldwell (in his Actual possession now being by virtue of a bargain and sale to him thereof made by the said Charles Bate and William Yoxall, and John Lawton for the term of one whole year in consion of 5s by Indenture bearing date the day next before the say of the date of these presents and executed before the execution hereof and by force of the Statute made for transferring uses into possession and to his heirs

All that messuage or tenement situate standing and being in the Hamlett or liberty of Talk oth’ Hill in the parish of Audley in the County of Stafford called the Wood otherwise Linly Wood otherwise Montpelier with all houses edifices barns stables buildings yards orchards gardens arable lands meadows pastures feedings woods underwoods and other the lands heredits and appurts to the said messuage or tenement belonging or appertaining or reputed so to be or therewith usually held used or enjoyed and which were formerly in the tenure holding or occupation of Thomas Fernyhough Gent and Mary Rowley and afterwards in the several holdings of Timothy Hope, Thomas Johnson and John Lowe late in the possession of the said John Lawton his assigns or undertenants but now of -  his assigns or undertenants and which said lands contain in the whole by estimation – acres or thereabouts be the same more or less

And the reverse and reversions remr and remns yearly and other rents issues and profits of all and singular the said premises And all the Estate right Title interest use trust benefit properly claim and demand whatsoever of them the said Charles Bate and William Yoxall and John Lawton and each and every of them of into from or out of the same premises or any part or parcel thereof

To Have and to Hold the said messuage or tenement lands heredits and all and singular other the premises hereby granted and released or mentioned and intended so to be and every part and parcel thereof with their and every of their appurts unto the said James Caldwell and Abraham Crompton and the heirs and assigns of the said James Caldwell for ever In Trust nevertheless as to the Estate (and Interest) of the said Abraham Crompton for the said James Caldwell his heirs and assigns for ever and to for no other use intent or purpose whatsoever

And the said Charles Bate and William Yoxall for themselves severally and for their several and respective heirs executors and administrators do hereby severally but not jointly covenant and declare to and with the said James Caldwell his heirs and assigns that they the said Charles Bate and William Yoxall respectively have not at any time here to fore made done committed or executed or wittingly or willingly permitted or suffered any Act Deed matter or thing whatsoever whereby or by means whereof the said messuage or tenement lands heredits and premises hereby granted and related or mentioned or intended so to be or any part thereof are or is or can shall or may be impeached charged incumbered or affected in Title Charge Estate or otherwise howsoever

And the said John Lawton for himself his heirs executors and administrators doth covenant promise and agree to and with the said James Caldwell his heirs and assigns by these presents in manner and form following that is to say that they the said John Lawton and Ann his wife shall and will as of Michaelmas Term last or in as appointed Hilary Term next or some other subsequent Term Acknowledge and levy before his Majesty’s Justices of the Court of Common Pleas at Westminster one or more Fine or Fines Sur Conuzance de droit come ceo &c whereupon proclamations shall and may be had and made according to the form of the Statute in that case made and provided and the usual course of Fines and such cases accustomed

unto the said James Caldwell and his heirs of the said messuage or tenement lands heredits and premises hereby granted and released  or mentioned and intended to be by such apt and convenient name and names quantities qualities number of acres or other descriptions as shall be thought necessary or requisite to ascertain and comprehend the same which said Fine or Fines so as assured or in any other manner or at any other time or times levied or to be acknowledged and levied by or between the said parties to these presents or any of them or whereto they or any of them are or is or shall be parties or a party or  - of or concerning the said heredits and premises hereby granted and released or mentioned or intended so to be or any part thereof shall be and enure and shall be adjudged deemed construed and taken to be and enure and are hereby

declared by all the said parties to these presents to be and enure to the use and behoof of the said James Caldwell and Abraham Crompton and the heirs and assigns of the said James Caldwell  In Trust nevertheless as to the Estate of the said Abraham Crompton for the said James Caldwell his heirs and assigns for ever and to or for no other use intent or purpose whatsoever

And Also that for an notwithstanding any Act matter or thing whatsoever by him the said John Lawton done committed or suffered to be contrary they the said Charles Bate and William Yoxall and John Lawton or some or one of them now at the time of the Sealing and Delivery of these presents are and stand or is and standeth lawfully rightfully and absolutely seized in their or some of one of their demesne as of the of and in the said messuage or tenement lands heredits and premises hereby granted and released or mentioned and intended so to be and of every part and parcel thereof with their and every of their appurtenances of a good sure lawful absolute and undefeazible Estate of Inheritance in Fee Simple to them and their heirs or the heirs of some or one of revocation or limitation of use or uses or any other matter restraint or thing whatsoever to alter change charge revoke make void lessen or incumber the same

And likewise that for and notwithstanding any such Act matter or thing as aforesaid they the said Charles Bate and William Yoxall and John Lawton or some or one of them now have in themselves or himself good right full power and lawful and absolute authority to grant release and convey the said messuage or tenement lands heredits and premises hereby granted and released or mentioned and intended so to be and every part and parcel thereof with their and every of their appurtenances unto the said James Caldwell and Abraham Crompton and the heirs and assigns of the said James Caldwell in manner aforesaid and according to the purport true intent and meaning of the presents

And further that it is shall and may be lawful to and for the said James Caldwell his heirs and assigns from time to time and at all times hereafter peaceably and quietly to enter and come into and upon have hold occupy possess the messuage or tenement lands heredits and premises hereby granted and released or mentioned and intended so to be and the rents issues and profits thereof and of every part and parcel thereof to his and their own use to have and receive and take without any the lawful let suit trouble device eviction or interruption whatsoever of or by the said John Lawton his heirs or assigns or any other person or persons whomsoever lawfully claiming or to claim by from under or in trust for them or either or any of them

And that free and clear and freely and clearly aquitted exonerated and discharged or otherwise well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of former and other gifts grants bargain sales leases mortgages tintures dowers uses trusts wills intails statutes recognizances judgements extents execution and of from and against all and singular other Estate titles troubles burthens charges and incumbrances whatsoever at any time heretofore had made done committed occasioned or sufferd or to be had made done committed occasioned or suffered by the said John Lawton his heirs or assigns or any other person or persons whomsoever lawfully claiming or to claim by from under or in trust for him them or any of them

And Moreover that he the said John Lawton and his heirs and all and every other person or persons whomsoever having or lawfully claiming or who shall or may have or lawfully claim any Estate Right Title Benefit Trust or Interest either at Law or in Equity of into from or out of the said messuage or tenement lands heredits and premises hereby granted and released or mentioned and intended so to be or any part thereof by from under or In Trust for him them or any of them and shall and will  from time to time and at all times hereafter on every reasonable request and at the proper costs and charges

of the said James Caldwell his heirs or assigns make do acknowledge levy suffer and execute cause or procure to be made done lawful and reasonable Acts Deeds Devices Conveyances and Assurances in the Law whatsoever for the further better more perfect and absolute granting conveying and assuring the said messuage or tenement lands heredits and premises hereby granted and released and every part or parcel thereof with their and every of their appurtenances

unto or to the use of the sais James Caldwell his heirs and assigns or as he or they shall direct or appoint as by the said James Caldwell his heirs or assigns or his or their Counsel learned in the Law shall be lawfully and reasonably devised or advised and required

And the said Charles Bate and William Yoxall and John Lawton for themselves severally and respectively and for their several and respective heirs executors and administrators do and each and every of them doth covenant promise and agree to and with the said James Caldwell his heirs and assigns

That they the said Charles Bate and William Yoxall and John Lawton their respective heirs and assigns shall and will from time to time and at all time hereafter at the request costs and charges of the said James Caldwell his heirs and assigns so long as the said hereinbefore in part recited Indenture of Lease and Release of the 4^th and 5^th December 1778 and also certain Articles of Agreement bearing date on or about the 24^th day of January 1770 made subsequent to and in consequence of the marriage of the said John Lawton with Ann his present wife shall remain in their or any of their possession respectively produce and shew forth the same unto the said James Caldwell his heirs or his or their Agents or Counsel or upon any Trial at Law or in Equity or otherwise as occasion shall be an require for the manifestation and confirmation of the Title of the said James Caldwell his heirs and assigns to the said hereinbefore granted and released messuage lands heredits and premises every or any party or parcel thereof In Witness &c.

Date 1788

Messrs Bate & Yoxall Trustees for Sale of part of the Estate of John Lawton Esq and the said John Lawton to Mr James Caldwell and his Trustee.

Draft release of a messuage or tenement lands and heredits called Montpelier (Linleywood estate) situate near Talk on the Hill in the County of Stafford.

Caldwell

James Caldwell correspondence. 

Probably same date as above correspondence.

To Hold unto and to the use of the said Charles Bate and William Yoxall their heirs and assigns for ever upon trust that they the said Charles Bate and William Yoxall thinking  - should sell and dispose absolutely convey the said Messuages and Tenements Lands and Hereditaments and the Fee Simple and Inheritance thererof either entire and together or in separate lots as they should think most proper for the best rate or price that could or might reasonably and conveniently be had or gotten for the same and did or should retain or pay and apply the money arising by such sale in satisfaction of such part of the debts as were then due and owing from the said John Lawton as they the said Charles Bate and William Yoxall their executors administrators and assignees should think proper

And it is by the now reciting Indenture declared and [‘agreed’ crossed out] directed that the receipt or receipts of the said Charles Bate and William Yoxall their heirs and assignees should effectually discharge the purchaser or purchasors of the said premises or any part thereof of [spom?] so much of the purchase money for which such receipt or receipts should be given and that such purchaser and purchasors should afterwards be acquitted and discharged of and from the same and should not be responsible for any loss, misapplication or nonapplication of the said purchase money or any part thereof as in and by the said herein before in part recited Indres [Indenture?] of Lease and Rebase reference being thereunto had will more fully and at large appear.

And whereas the said [‘John Beckett’ crossed out] James Caldwell hath contracted and agreed with the –

Wedgwood Archives

34-5912

16 March 1788

Note from James Caldwell to Mr Swift regarding Mr Collision

Chester Journal   (Newport, Salop,

Feb. 28, 1788)

Tuesday 18 March 1788

James Meek

Begs leave to express his most grateful Acknowledgments to his numerous Friends, for the repeated Obligations conferred upon him in the Business of an Aucktioneer, and in the Trade of a Mercer and Linen-Draper, which he has lately carried on in Conjunction with his Father, with whom the Partnership is now dissolved; and to inform them, and the Public, that he has purchased the Stock in Trade of Mr James Caldwell, of Nantwich, which he shall enter upon the 24th Day of March next, and purposes to sell considerably under prime cost.

 In the mean Time, he will exert his utmost Endeavours to Supply himself with a suitable Assortment of the best and most fashionable Articles in the several Branches of a Linen-draper, Haberdasher, Hosier &c. and flatters hiimself, he shall from the Connections has has had an Opportunity of forming, be enable to sell on such Terms as will afford general Satifaction.---continues - - -

34-5913

9 June 1788

Note from James Caldwell to Mr Swift regarding Mr Salmon and also regarding a sum of £16:10:0 received from Mrs French.

34-5914

16 June 1793

Note from James Caldwell to Mr Pierpoint, Etruria, regarding an outstanding amount of £4:9:0 for oats sown and ploughing, owing to Humphrey Ratcliffe, who was the tenant of the Stoke Lane Estate, recently purchased by Mr Wedgwood.