| Description | Contains:
1. Plan of Bewley Common.
2. Letters to and from Sir John Talbot and later John Ivory Talbot from Montagu, and also Walter Marsh, relating to the dispute of Bewley Common, and some copies of legal documents:
a. 16 Dec 1706 Letter from Montagu to John Talbot expressing his concern about the problems between them, dismissing Talbot's ability to tarnish his reputation with the county and mentions awards made by John Styles and John Ernley.
b. Undated, between 16-28 Dec 1706 Letter from (John Talbot) to Montagu claiming that the laws of England do not give the justices (ie Montagu) rights to judge how Talbot acts in this case. Mentions Montagu's tenant Moone. Talbot denies he denigrated Montagu to the justices.
c. 28 Dec 1706 Letter from Montagu to Talbot acknowledging Talbot's reply to his Dec 16 letter and suggesting that Talbot has misinterpreted some of what Montagu said. Montagu maintains he has acted lawfully and that Talbot is mistaken in his allegations of wrongdoing. He suggests that under an act of Charles II he could punish by whipping some of Talbot's servants but won't if they pay him damages, and hints others could be punished likewise.
d. Undated, after 28 Dec 1706 Letter from (John Talbot) to Montagu. Replies to Montagu's allegations of wrongdoing, notes he was one of the MPs who drafted the act Montagu referred to and maintains the act does not give a justice power to whip a lord of the Manor.
e. 3 Jul 1719 Letter from Montagu to Talbot notifying Talbot he had made a declaration of ejection against Eleanor Elms, widow, and the events after.
f. 30 Jan 1722 Letter from Montagu to Marsh asking Marsh to find out if Talbot agrees with any of the proposals to solve the issue of the common is acceptable.
g. Undated letter from Walter Marsh to John Talbot enclosing a list of tenants with a right of common in Bewley.
h. Account of mortgages and bonds paid off since 1781, probably by Mrs Davenport.
i. 1669 Copy of inspection of a plea put before the King's Bench by Mary Montagu, accusing Richard Griest of fishing in the river on her land without permission.
j. 26 Jul 1674 Copy of writ between Richard Griest, plaintiff, and John Burcombe, Michael Elmes and John Dummer, defendants, concerning the defendants' fishing in the River Avon in part of land farmed for Sir John Talbot by Richard Griest.
k. Draft agreements made concerning the common land at Bewley and other places and the boundaries: who owns the land or has right to farm. Undated but late 17th / early 18th century.
3. Bundle mostly of letters concerning Bewley Common:
a. Undated notes on tenants and cottages taken from various 17th century rent rolls and other papers, probably by John Ivory Talbot.
b. Undated notes to prepare for the trial relating to the common. Probably by John Ivory Talbot, as it mentions need "to prove I am lord of the Manor by will of J Talbot", and that probate was not enough. Mentions petition by Mary Montagu (Baynard) in 1669 about fishing rights in the river Avon.
c. 11 Jul 1724 Letter to John Talbot from John Thresher about the cottages at the common.
d. 20 Jan 1722 Letter to Walter Marsh from Montagu. Mentions the girls he took in (see 10) and discuss the cottages.
e. Undated letter to Walter Marsh from Montagu about "Bond" being disrespectful towards John Talbot. Mentions Talbot's offer that if the cottagers give up their possession right he (Talbot) will give them a foundation of tenure. Also mentions the girls he took in (see 10).
f. 7 Jun 1720 Letter to John Talbot from Montagu discussing problems with Bewley Common. Mentions ejecting E Elms (see previous bundle). Discusses the poor condition of Corsham Road and the need to clean and ditch it and raise money to repair the roads.
g. Undated letter to John Talbot from Montagu concerning the offer of tithingman into the Notton tithing.
h. Undated letter to John Talbot from Montagu about putting poor tenants into a house in the parish.
i. 3 Jul 1706 Letter to Sir John Talbot from Henry Dethick concerning Anne Mildmay's will and money to be used for the poor of Lacock from the will of Grace Mildmay.
j. 8 Feb 1722 Letter to Francis Sadlier from Montagu about his taking on of two poor children as their guardian upon the death of their mother, at her request, and the cottages on the common.
k. 17 Feb 1722 Letter to (John Talbot) from Francis Sadlier concerning the letter from Montagu of 8 Feb.
l. Undated deposition by John Gawen, sadler of Chippenham about an attempt by James Montagu to get him to swear to defamation of John Eyles by Robert Loall of Chippenham. Gawen deposed that when he refused to sign a declaration to that effect and swear on what he took to be a bible Montagu became abusive, assaulted him and threatened him.
m. Mr Cox's instructions relating to the case between John Talbot and Montagu, undated. Mentions arrears of Mr Bond.
n. List of names of the jury in the case between Philip Smith and others.
o. 17 Jun 1720 Letter to John Talbot from Montagu about the cottages. Montagu proposes that if the cottagers will give back the land they have illegally enclosed he will cease his attempts to have rents from them.
p. 8 Jan 1707 Letter to Sir John Talbot from Montagu, accusing Talbot of acting unlawfully and repeating Montagu's claims to Bowden and Bewley Marsh.
q. 6 Jan 1734 Letter to Mr Rice, clerk to John Talbot, from Montagu about a recognizance. Montagu feels he and the Magistracy has been insulted by Talbot's countryman Mr Harris, and threatens to lay the matter before a court.
r. 24 Feb 1722 Letter to John Talbot from Montagu. Asking for delay of the trial until the next assize. Mentions Montagu's kin Baron Montagu.
4. Letters and notes concerning Bewley Common and other rights:
a. Undated letter to John Talbot from Montagu apologising for his man fishing below Reybridge.
b. 30 Jan 1721 Letter to Walter Marsh from Montagu about the fishing below Reybridge, and about Bewley Common. Mentions Montagu's gamekeeper Charles.
c. 21 May 1731 Letter to (John Talbot) from Montagu about the rights of common.
d. 1558/1559 Names of Mr Baynard's tenants that ought to have common land rights in Bewley.
e. 1731 Draft document by the tenants of the rights of the tenants on Bewley Common.
f. Undated notes on articles concerning Bewley Common.
g. Final copy of the draft document by the tenants of Lacock, 15 Dec 1731. Has 21 seals (all the same, in 3 columns) attached but only 7 are signed against, signatures Richard Sadlington, John Mortimer, A H Harring his mark, Anthony Dorner, Richard Barrett, Harry Colbourne, Widow Anne Tuff her mark.
h. 15 Dec 1731 Draft document of the rights of the tenants on Bewley Common, with a note of names of tenants to whom commons are assigned.
i. 1731 Names of Mr Mountagu's tenants to whom commons are assigned in Bewley Common and Bewley Green. |