The Davenport Estate in Farnworth

The text below is extracted from a collection of Farnworth Deeds of Title at Salford Archives (Ref: BW/T/8/1 1649-1809).  Note that original purchaser is named as Edmund Rushton in the abstract of title, but Rishton in the original documents.

Abstract of the Title of the Assignees of Mr Robert Wilson a Bankrupt to a Messuage Tenement & Premises situate in Farnworth in the County of Lancaster.

20th August 1649 - Sale to Edmund Rishton

Indenture of Feoffment of this date made between Sir Cecil Trafford of Trafford in the County of Lancaster Knight, Sir Richard Lloyd of Dullassey in the County of Carnarvon Knight, Sir Orlando Bridgeman of Great Leaver in the sd. County of Lancaster Knight, Edward Standish of Standish in the sd. County of Lancaster Esquire, Phillip Osborne of Brauccliffe in the said co. of Lancs, Gentleman and Lawrence Holder of Little Houghton in the sd. coy. of Lancr. yeoman upon the one part & Edmund Ruston of Farnworth in sd. coy. of Lancs. yeoman upon the other part.

Reciting that Francis Downes then late of Wardley in the sd. coy. Lancr. Esqr. deceased By several Deeds & Conveyances under his hand & seal bearing date the 15th, 16th and 22nd days of February in the 18th year of King Charles Did settle convey and assure

All his Manor Lands Tenements & Hereditaments in the sd. Coy. of Lancr. or elsewhere within the Realm of England And (amongst others) The Messuage and Tenement parcels of Land Meadow & other hereditaments Unto the sd. Sir Cecil Trafford, Sir Richard Lloyd, Sir Oralndo Bridgeman by the name of Orlando Bridgeman Esqr., John Preston late of the Manor within the sd. Coy. of Lancr. Esq. deceased Edward Standish & Lawrence Holker & their heirs for ever.

Upon Trust & confidence nevertheless that they the sd. Sir Cecil Trafford, Sir Richard Lloyd, Sir Orlando Bridgeman, John Preston, Edward Standish and Lawrence Holker and their heirs and the Survivor & Survivors of them should be seized thereof to such uses intents & purposes as in & by the same conveyances or assurances or some of them were mentioned limited declared & contained And to such further uses intents & purposes as he the sd. Francis Downes should limit declare & appoint by his last will & Testament

And further reciting that the sd Francis Downes in & by his last will & testament in writing dated the 22nd Feb in the 18th year of King Charles did not only ratify and confirm the sd. before mentioned conveyances & the Estates & uses thereby, limited & raised, But did also give grant & devise to the sd. Sir Richard Lloyd, Sir Orlando Bridgeman, Phillip Osborne & Lawrence Holderk therein named Executors (amongst other things)

The Message & Tenement Fields Closes Closures & parcels of land meadows & pastures with their appts. thereinaftermentd. By the names of all his Messuages Lands Tenements & hereditaments in Farnworth & in Staynowe & Stalmyn either purchased of Mr Hulton & Adam Glover or any other which he did devise to his afo. Executors to sell for payment of his Debts & towards the discharge of such Legacies as by that his last Will & Testament he gave and bequeathed.

It is witnessed that for the consideration therein mentioned they the said Sir Cecil Trafford, Sir Richard Lloyd, Sir Orlando Bridgeman, Edw. Standish, Phillip Osborne & Lawrence Holker Did grant bargain sell enfeoff convey and confirm unto the sd. Edmund Rushton his heirs and Assigns

All that Messuage & Tenement houses edifices buildings Barns Stables Outhouses Gardens Land Meadows Pastures Common of Pasture with all & singular the Appurtenances in Farnworth afs. in the sd. Coy. of Lancr. then late in the tenure holding or occupation of James Tongue & Ralph Tongue or of hum the sd Edmund Rushton

Together with the Appurts.

And the Reversion &c.

And all rents Duties &c, And all Deedes &c

(Save except to the sd. Orlando Bridgeman and his heirs such Lands & heredits. in Farnworth as were not at any time theretofore in Inheritance of the sd. Francis Downes

To Hold the same unto sd. to the use of him the sd. Edmund Rushton his heirs and assigns for ever

To Hold of the Chief Lord or Lords on the Fee or Fees thereof by the rents & services therefore due & of right accustomed - And the sd. Sir Cecil Trafford, Sir Richard Lloyd, Sir Orlando Bridgeman, Edward Standish, Phillip Osborne & Lawrence Holker did thereby for themselves severally & for their several heirs warrant The sd. Heredits. & promises (except before excepted unto the sd. Edm. Rushton & his heirs.

Executed by all the Parties

[My notes: Will of Francis Downes of Wardley, Worsley (gent.) 1648, WCW/Supra/C144A/45. 'The will of Francis Downes, 'being a member of the Catholic Church,' dated 1642 and proved 1650, is transcribed in Raines MSS. (Chet. Lib.), xxv, 245. His books were to be an heirloom at Wardley according to his father's desire. He desired to be buried at Wigan in the burial place belonging to the hall of Worsley (in Pemberton) near his father Roger. He names his brother John and his sister Jane.']

23rd July 1719 - Indenture Quadripartite

Indenture of this date made between John Davenport of Farnworth afs. Chapman & Isabell his wife & Heir of Edmund Rushton late of Farnworth afs. Yeoman deceased who was Son & Heir of John Rushton late of the same place Yeoman deceased on the first part John Whitehead of Coohill within Chadderton in the sd. County of Lancr. Yeoman & Isabell his wife on the 2nd part John Edge of Owlerforrest with Worsley in the s. Coy. of Lancr. Yeoman on the 3rd part & Richard Oliver the younger of Wilkington in the s. Coy. of Lancr. Yeoman on the 4th part.

[Annotation on document: This E Rushton cannot be the purchaser under the first deed, being stated to be the son & heir of John]

It is witsed. & thby. concluded & agreed upon by & amongst all & every the sd. parties for themselves & their heirs and the sd. John Davenport & Isabell his wife John Whitehead & Isabell his wife for themselves & their respective heirs did thereby covenant & grant to & with the sd John Edge his heirs executor & admons. That they sd. John Davenport & Isabell his Wife, John Whitehead & Isabell his wife shod. & wod. at or before the end of the then next Assizes at Lancr. before his Majesty's Justice or Justices there acknowledge & levy in due form of Law one fine Sur Consusance come ceo &c. according to the usual course of fines unto the sd. John Edge & his Heirs of

All that Messuage & Tenement with the Appurts situate standg. & being in Farnworth afs. then in the Tenure & occupation of the sd. John Davenport or his  Assings. and of All the Closes Closures & parcels of Land Meadow & Pasture site. in Farnworth afs. commonly called & known by the names of the Town Croft, The Great Moss, the Degshaw, the Two Acres, the Hill Moss, the Pitt Moss, the Rye Earth, the Kiln croft, the Mabin Meadow, & the Calf yard with their Appurts. And of Certn. Heredir. in Chadderton By the names & description therein ments.

And it was thereby declared & agreed that that Fine & all other Fines levied or to be devised shod. be & enure & be construed expounded deemed & taken to be & enure To the several uses intents & purposes thereinafter mentd. & declared That is to say As for & concerning All the sd. Messg. & Tenement Closes Lands & Premises situate in Farnworth afs. with all the commons Common of Pasture & Tirbary & other Heredits. thereunto belonging

To the use of the sd. John Davenport his heirs & Assigns for ever

And as to the heredits. & pres. in Chadderton To the uses therein mentd.

Executed by John Davenport, Isabell Davenport, John Whitehead & Isabell Whitehead & John Edge

[Annotation on document: 

How did John derive hid claim under law? the purchaser.  Perhaps this may be explained by a reference to the deeds.  Were Whitehead & Oliver made parties in respect of the or. hereds?  

Yes the premes. in Chadderton

The Parties are described as here, The distance of time between the date of this Deed & the Original purchase being 70 years we presume that this John Rushton was the Son of Edmund the First Purcaser & that John having been long in possession it was through sufficient to derive Isabell's Title from her Father (this John) through her Brother Edmund]

3 July 1722  - Will of John Davenport

Will of the sd. John Davenport whereby (among other things) he gave and devised one moiety or half of All that his Messe. & Tenemt. & of all Houses outhouses edifices Buildings Orchards Gardens Closes Lands & other Heredit. with their Appurts. situate in Farnworth afs. then in his possession.

Unto his loving wife Isabell for & during so long as she shod. live in chaste. widowhood And if she shod. happen to marry again The he gave & devised unto her only one third part of his pres. for and during her natural life for & in full satisfaction of her Dower And under & subject to the charges & limitations thereinafter mentd.  He gave & devised the other Moiety or half of his premies from & immediately after his death & one sixth part more thf. from & immediately after his sd. wife's marriage again And the whole thereof from & immediately after her death unto his son John Davenport & his assigns for & during the Term of his natl. life Sans Waste And from & after his Death He gave & devised the same Subject to the charges & limits. thrinafter. mentd. unto the first & other son & sons of the body of his sd. son John lawfully begotten or to be begotten & the heirs of the body of such first & other son & sons lawfully issuing And for default of such Issue He gave & devised the s. pres. unto & equally amongst all & every the Daughter and Daurt. of the Body of his sd. son John lawfully begotten or to be begotten And to the heirs of the Body & Bodies of such Daughter & Daurs lawfully issuing To Hold as Tenants in common & not as joint Tenants

To his Son Henry & his Assigns for life
  To his first & other Sons in Tail
  To his Daughters as Tenants in common

To his Son Edmund & his Assigns for life
  To his first & other Sons in Tail
  To his Daughters as Tenants in common

To his Son Adam & his Assigns for life
  To his first & other Sons in Tail
  To his Daughters as Tenants in common

To his Son James & his Assigns for life
  To his first & other Sons in Tail
  To his Daughters as Tenants in common

To his Daughters Elizabeth Margaret Ann and Isabell as Tenants in Common

Rishton / Davenport Pedigree