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Descendants of Thomas Banbury & Joan Higgins

Thomas Banbury was born 02 Feb 1726 in Launcells, Cornwall, second son of Thomas Banbury and Grace Yeo, and died 02 Feb 1804 in Launcells, Cornwall. He married Joan Higgins 05 Nov 1759 in Launcells, (witnesses Charles Higgins and Thomas Banbury). Joan was the daughter of Charles & Joan Higgins. The had five children, all baptised in Launcells, Grace who married Abel Cory, Charles married to Letitia Couch, Thomas married to Mary Box, Samuel married to Esther Hayman and Richard who married Ann Bray.

Land Tax Assessment records for Pyworthy show a Thomas Banbury as occupier of unidentified land from 1780 to 1784. Land Tax Assessment records for Bridgerule show Thomas Banbury (Assessor and Collector) at Arscott, Tineo and Hollys during the years 1780 to 1789. From 1790 to 1799, Thomas is shown at Tineo (also known as Tinney), the owner was Sir William Molesworth, who inherited the properties from Sir John Arscott. In 1792 he took at a lease on Burrough (Burrow) in Bridgerule, which is extremely important for genealogy purposes, as it mentions grandsons, Thomas son of Charles and Thomas son of his son Thomas.

 
Burrow Farm, Bridgerule
 
Butspear Farm, Launcells

BRA/1992/1/2 Original held at The Cornwall Record Office

This Indenture made the twenty fifth day of March second year of the reign of our sovereign Lord George the third by the grace of God of Great Britain France and Ireland King defender of the faith and so forth and in the year of our lord one thousand seven hundred and ninety two BETWEEN Sir William Molesworth of Pencarrow in the County of Cornwall a Baronet devised for life with powers of granting such leases herein contained in the lands and hereditaments wherein devised with others named in the last will and testament of John Arscott of Arscott in the County of Devon Esquire deceased of the one part and Thomas Banbury of the Parish of Launcells in the County of Cornwall yeoman of the other part Witnesseth that the said William Molesworth as well for and in consideration of the sum of four hundred and ten pounds Lawful money of Great Britain to him paid to be paid by the said Thomas Banbury at the day and time and at the proportions hereinafter mentioned. That is to say the sum of Two Hundred and Five Pounds being one moeity moreof at or before the sealing and delivery hereof. The receipt whereof is hereby acknowledged and the remaining sum of two hundred and five pounds on the twenty ninth day of September now as not ensuing as also in consideration of the yearly rent hereinafter reserved and the covenants conditions and agreements hereinafter contained on this part and behalf of the said Thomas Banbury his executors administrators and assigns to be paid done and performed hath granted demised and leased and by these presents Doth grant devise and lease unto the said Thomas Banbury all those Messages lands and tenements appurtenances situate lying and being in the Burrow or formerly called or known by the name of Burrow lying and being in the most part of the parish of Bridgerule that is in the County of Cornwall aforesaid together with all houses, Edifices, buildings, courtlages, orchards, gardens, lands, meadows, pastures, feedings, moores, commons, wayss, and paths,waters, watercourses, woods, easements, profits, commodities, and advantages whatsoever to the same belonging or in anywise appertaining all which said premises were some time since in the occupation of John Chapman , since of John Rogers and now of the said Thomas Banbury all which said premises are part and parcel of the Manor of Beer in the said County of Cornwall EXCEPTING and always reserving out of this present demise and grant unto the said William Molesworth and to such other person or persons as after him shall be intitled to the freehold and inheritance of the said premises one cart house and garden commonly called the poorhouse and all trees and saplings of what nature sort or quality soever now growing or hereafter to grow in or upon the said the said demised premises with free liberty of ingress egress and regress in over and upon the said demised premises to view fell cut down work up and carry away the same at all times and seasons during the term hereby granted and also excepting and reserving all and all manor of mines minerals and quarries in or upon the said premises or any part thereof with like liberty to dig and dearth for the same and to carry away the Tin Copper Ore Coal Stone or other fossils there found and also excepting and reserving all streams of Water in or upon or belonging to the said premises with liberty to him and divert the same for any purpose whatsoever AND ALSO liberty for the said William Molesworth and his assigns during his life and unto such other person or persons as aforesaid to hunt fish and fowl on the said demised premises or any part thereof at his and their will and pleasure during the term hereafter mentioned AND ALSO to view and examine the said premises and the repairs decays and defects hereof TO HAVE AND TO HOLD the said demised premises and the appurtenances unto the said Thomas Banbury his executors administrators and his assigns for and during the full term and time of ninety nine years now next ensuing and fully to be compleat and ended if Samuel Banbury son of the said Thomas Banbury now aged about twenty four years Thomas Banbury son of Charles Banbury now aged three years and Thomas Banbury son of Thomas Banbury Junior now aged about six months and which said Thomas Banbury aged three years and Thomas Banbury aged six months are grandsons of the said Thomas Banbury (party hereto or any of them or either of them so long shall happen to live He the said Thomas Banbury party hereto) his executors and administrators or assigns YIELDING AND PAYING therefore yearly and every year during the said term unto the said Sir William Molesworth or unto such other person or persons as aforesaid the rent or the sum of one pound eight shillings of lawful money of Great Britain at the hour most usual seasons or days of payment in the year that is to say Lady Day Midsummer Michaelmas and Christmas by even and equal proportions to be divided and paid AND ALSO yielding and paying at the feast of the Birth of our Lord God one half Capon or twelve pence yearly for the same at the election of the said Sir William Molesworth during his life and of such other person and persons as aforesaid AND likewise yieldin g and paying upon and after the death and decease of each of the them the said Samuel Banbury, Thomas Banbury aged three years and Thomas Banbury aged six months the best beast of him the said Thomas Banbury (party hereto) his executors administrators or assigns or four pounds in lieu thereof at the election and choice of the said Sir William Molesworth or his assigns or such other person or persons so aforesaid for and in the name of an Herriot or farlict AND THE SAID Thomas Banbury party now to doth hereby for himself his heirs executors and and executors administrators covenant promise and agree to and with the said Sir William Molesworth his heirs and assigns in the manner following that is to say that he the said Thomas Banbury party hereto his executors administrators or assigns shall and will well truly pay or raise to be paid unto the said Sir William Molesworth and his assigns during his life and unto such other person or persons as aforesaid the said yearly rent of one pound and eight shillings in the proportions and at the days and times herein before appointed AND ALSO the said Capon or twelve pence yearly AND ALSO the said herriotts when the said shall become due as aforesaid AND ALSO a certain chief rent of five shillings and six pence yearly and payable out of the same AND ALSO shall and will so suit and sowire to all and every the court and courts of the said Sir William Molesworth and his assigns and such other person or persons aforesaid that shall be holden and kept for and within the said Manor of Beer as other the tenants there do or ought to do and perform during the said term and likewise shall faithfully discharge the office of Reeve for the said Manor when thereto appointed elected or Required during the said Term and also shall and will at his and their proper costs and charges well and sufficiently, Repair, uphold sustain and maintain all and singular the said demised premises as well in houses, walls, coverings, hedges, ditches, gates, barns , sties, posts and fences as in all other needful and necessary repairations when and as often as need shall require during the said term AND at the end or other sooner determination thereof so well infinitely and compleatly repaired in all things shall and will leave and yield up the same subject nevertheless to the provisoe or covenant for lesening the number of buildings on the said premises hereinafter contained AND ALSO that the said Thomas Banbury (party hereto) his heirs executors administrators or assigns shall and will well truly pay or raise to be paid unto the said Sit William Molesworthy his executors administrators or assigns the said sum of two hundred and five pounds being the remaining Moiety of the said purchase Money at or upon the said twenty ninth day of September next AND IF IT HAPPEN that the said yearly rents one pound eight shillings or any part thereof shall be behind and unpaid by the space of twenty days next after any or either of the days of payment aforesaid whereon the same ought to be paid being lawfully demanded and then not paid and no sufficient distress or distresses in or upon the said premises in the mean time can or may be found whereby the said rent with the arrears thereof to the said Capon or one shilling or the said herriotts when the same shall become due OR the said chief rent can maybe fully levied and paid Or if the said Thomas Banbury (party hereto) his executors administrators or assigns shall suffer the said premises to be ruinous and in decay to the value of ten shillings or above and the same do not repair and amend or other satisfaction for the same give within three months next after notice in Writing to him or them given by the said Sir William Molesworth or his assigns or such other person or aforesaid or his or their steward of the said Manor of Beer for the said Time being or any other person in that behalf lawfully appointed or if the said Thomas Banbury (party hereto) his executors, administrators or assigns do not within six months after notice in writing to him or them given (shall be within this Kingdom of Great Britain a twelve months notice if they or either of them shall be beyond the seas give sufficient evidence that the said Samuel Banbury, Thomas Banbury aged three years and Thomas Banbury aged six months) provided the said Samuel Banbury (tiny line above his name –see above) Thomas Banbury aged three years Thomas Banbury aged six months or either and which of them i s living on whose life or lives the said Thomas Banbury (party hereto) his heirs, executors administrators assigns shall then hold the said premises for the remainder of the said term of four score and nineteen years or if the said Thomas Banbury (party hereto) his heirs executors administrators or assigns do not well and truly pay or raise to be paid unto the said Sir William Molesworth his Executors administrators or assigns the said sum of two hundred and five pounds being the remaining moiety of the said purchase money at or upon the said Twenty Ninth Day of September next THAT THEN and from thenceforth for all any or either of the causes aforesaid it shall and maybe lawful to and for the said Sir William Molesworth and his Assigns during his life and such the person or persons as shall after him be entitled to the freehold of the said premises into and upon off and singular the said demised premises or any part thereof in the name of the whole to reenter and the same to have again repossessed and enjoy as if this lease had not been made anything herein contained the contrary thereof in anywise notwithstanding AND the said Sir William Molesworth doth hereby for himself his heirs executors and administrators covenenant promise and agree to and with the said Thomas Banbury (party hereto) his executors administrators and assigns in manner following (that is to say) that the said Thomas Banbury (party hereto) his executors administrators or assigns shall and lawfully from Time to Time and at Times during the continuance of the said term by and under the due payment of the said yearly rent and the observance_ and performance of all other the covenants conditions and agreements herein on his and their part contained peacefully and quietly have hold use occupy possess and enjoy all and singular the said demised premises with the appurtances premises except before excepted hereby granted without the lawful for suit trouble hindrance or denial of the said Sir William Molesworth his heirs or assigns or any other person or persons whomsoever claiming or to claim the same or any part thereof by from or under him or them or by from or under the said John Arscott deceased AND the said Thomas Banbury (party hereto) doth hereby for himself his heirs executors and administrators and assigns shall and will when the remainder of the said term of ninety nine years of and in the said premises shall be

That is to say that the said Thomas Banbury party hereto his executors administrators further covenant promise and agree to and with the said Sir William Molesworth his heirs and assigns in manor following Determinable on the death of one person only being or cause to be brought into and upon every one of the said premises that he or they shall break up for Tillage is the first breaking thereof sixty seams of good salt sea sand Or two hundred seams of good stall or stable rotten dung in everyone AND ALSO shall not take out more than three crops of corn or grain on one such dressing that is to say one crop of wheat one of barley and one of oats otherwise one crop of wheat and two of barley or oats and those successively without interruption one year after another AND ALSO shall and will sow a sufficient quantity according to the custom of the country of clover ever and Trefoil seeds in the last spring crop of such tillage AND ALSO shall and will new make cast plash and double dyke the hedges next adjoining the such part of the said premises as shall be broken up for tillage on the first Breath

Thereof according to the rules of good Husbandry PROVIDED ALWAYS nevertheless and it is covenanted courluded declared and agreed upon by and between the said parties to these presents and it is the true intent and Meaning of them and of these presents THAT in as much as there are many houses and buildings now on the said premises which are an incumbrance to the same and tend to deminish the value thereof the said Thomas Banbury (Party hereto) his executors administrators and assigns shall within one year next after the date and execution of those presents signify to the said Sir William Molesworth or his assigns or to such other person or persons as aforesaid whether he or They will maintain and keep up all such houses and buildings or will let down any and what part thereof AND then it shall be specified in writing to be indowed on these presents otherwise what parts of such houses and buildings shall Be maintained and kept up by the said Thomas Banbury (party hereto) his executors administrators or assigns AND it is further agreed between the said parties that when and as soon as the said Thomas Banbury his Executors administrators or assigns shall have made such specification as aforesaid he or they shall have so much Timber gratis as William Carlyle of Yeomadon in the parish of Pyworthy in the said County of Devon Gentleman shall deem sufficient for the repair of the said premises or if such part thereof as the said Thomas Banbury party hereto his executors administrators or assigns shall specify to be his or their intention to maintain And keep up such timber to be delivered either standing or otherwise as the said William Carlyle shall think proper IN WITNESS whereof the parties aforesaid to these presents being first duly stampt their hands and seals INTERCHANGEABLY have set the day and year at the above written

Signed with seal Thomas Banbury

(Kindly transcribed by Karen Rowland – January, 2009)

What this deed tells us is that Thomas, married to Joan Higgins, paid £410 for the lease on Burrough Farm, which he already held off of John Arscott. When John Arscott died in his will he left all his properties to various distant relatives, having no children of his own. Sir William Molesowrth was one of these. One of the clauses in John Arscott's will was that the leaseholders of the various properties he owned, should be given the chance to renew their leases. Burrough was just one of the properties Thomas had leases on and this one he eventually left to his son Samuel. However the lease was taken out on three lives, whichever lived the longest, or 99 years. So he named his son Samuel, aged 24 years and then his youngest grandchildren, Thomas son of Charles aged 3 years and Thomas, son of Thomas aged about 6 months old. This meant that the lease would run as long as any of these were alive and the youngest Thomas could have lived until he was 100 years old. This property was then bequeathed to Samuel when Thomas died.

 
Prustacott, Launcells
 
Tinney Farm, Bridgerule

Thomas also left a will when he died in 1804 where he left this property to his son Samuel. He also mentions other properties he had, such as Butbear which he left to his son Charles, Prustacott which he left to Samuel plus two tenements called Partridges & Pooleys in trust for son Thomas and his family. Strangely he made Richard, his youngest son his sole executor, but left him no named property.

In the name of God Amen I Thomas Banbury of the parish of Launcells in the County of Cornwall being weak in Body but of perfect Mind & Memory do make, ordain and publish this to be my last will and testament hereby revoking all former wills at any time heretofore made – First I bequeath my Soul to the Mercy of Almighty God who gave it and my Body to be buried in a decent manner by my executor hereinafter named. I give to my beloved wife four pounds a year to be paid yearly out of my Estate called Burrow in the parish of Bridgerule during her life and likewise Four Pounds a year to be paid yearly out of my Estates called Scorsham and Woodhouse in the parish of Launcells during her life and likewise the best Bed performed. And one thing of a part of the Household Furniture and Likewise that part of the Dwelling House of Scorsham and Woodhouse in the parish of Launcells during her life and likewise the best bed performed. And one thing of a part of the Household Furniture and likewise that part the Dwelling House of Scorsham the lower side of the entry during her life. Item I give to my daughter Grace Cory Two Pounds a year to be paid yearly by my executor during her life. Item I give to my son Charles Banbury a tenement called Butsbeer Park in the parish of Launcells . Item I give to my two sons Charles Banbury and Samuel Banbury two tenements called by the names of Partridges and Pooleys in the village of Tinney in the parish of Bridgerule in the County of Devon in trust for my son Thomas Banbury and his family the profits of which estates are to be paid them yearly as long as the right continues. Item I give to my son Samuel Banbury all my estate called Burrow in the parish of Bridgerule (only paying the aforesaid Annuity yearly to his Mother). Item I give to my two daughters Joan Hicks and Alice Lyle one guinea each to be paid one month after my decease. All the rest residue and remainder of all my goods and chattels moneys or securities for money which I now have or ought to be entitled to I give devise and bequeath unto my son Richard Banbury whom I constitute and appoint my whole and sole executor of this my last will and testament. As witness my hand this 30 th Day of May 1798

Signed Thomas Banbury. Witnessed by Jos Tuke and Thomas Row and proved on the 1st March, 1804

Children of Thomas Banbury and Joan Higgins are:

  • i. Grace Banbury, born 22 Feb 1760 in Launcells, Cornwall. She married Abel Cory.
  • ii. Charles Banbury, born 05 Jul 1761 in Launcells, Cornwall, , Eng; died 08 Dec 1830 in Launcells, Cornwall, , Eng. He married Letitia Couch 26 Dec 1785 in St Kew, Cornwall; born 1755 in St Kew, Cornwall; died 11 Oct 1815 in Pearces, Launcells, Cornwall. (Ray, Bill and Smokey Basset's branch}
  • ii. Thomas Banbury, born 07 Oct 1762 in Launcells, Cornwall; died 14 Jun 1804 in Bridgerule, Devon. He married Mary Box 08 May 1788 in Marhamchurch, Cornwall. (Chris Treuer and Karen Rowland's branch)
  • iii. John Banbury, born 18 Jun 1764 in Launcells, Cornwall.
  • iv. Samuel Banbury, born 1767 in Pyworthy, Devon; died 1852 in Priestacott. Launcells, Cornwall. He married Esther Hayman 30 Mar 1792. (Phoebe & Tamara's branch)
  • v. Richard Banbury, born 01 Apr 1774 in Launcells, Cornwall; died 21 Nov 1854 in Priestacott. Launcells, Cornwall. He married Ann Bray; died 17 Nov 1854.

 

 

Thanks

George R Allin's work on the Banbury Family in his two books is an invaluable resource for the Banbury Family. He researched the family very thoroughly and it is an admirable piece of work which should not be lost. George is now in his nineties and Bill Banbury and Bob Martin visited him and tried to persuade him to do a reprint of the books, but he declined. However he allowed them to photocopy the books and I have used extracts from this, under the copyright conditions (see below) whilst adding new information. These books will eventually be available to read with the Google Books search.

Allin Families of North Devonshire: With Allied Families Banbury, Detwiler, Hamm & Pontius By George R. Allin Published by Gateway Press, 1988 Original from the University of Wisconsin - Madison Digitized Apr 19, 2007 506 pages

Allin Families of North Devonshire: With Allied Families Banbury, Detwiler, Hamm & Pontius : Supplement By George R. Allin Published by Gateway Press, 1992 Original from the University of Wisconsin - Madison Digitized Apr 19, 2007 347 pages

 

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