T247
Lineage
Henry Bird of St Marys Rotherhithe was born in 1695 and died in 1757.
He was the brother of Elias Bird of Roehampton Park, Sheriff of Surrey 1744, died in 1767.
He was also the brother of Edward Bird Lieut., obit on 26 or 23 February 1718, hanged for pinking a waiter.
They were the children of Henry Bird and Elizabeth nee Fitzgerald.
He claimed descent from Bird of Broughton Hall.
(Dictionary Note: to pink is to pierce with a rapier or the like; stab.)
T199
Letter from Goytrey House January 11th 1864.
Dear Sir, in reply to your letter of the 31st inst., I gladly avail myself of the opportunity of detailing the circumstances connected with the title to the Goytrey property.
By will of my Grandfather dated 10th March 1799 his property was bequeathed to his children, to be converted into money on the youngest coming of age and an equal division made.
In the year 1822 the division of my Grandfathers property took place- when all the parties interested executed a conveyance to my father and he became the purchaser; and to receive part of the purchase money he mortgaged the property to his mother and sisters, Lucy, Fanny, Maria and Charlotte.
The account numbered 1 Details the above arrangement as referring to one sister, Dorothy Charlotte, a copy or similar account having been placed in the hands of each mortgagee (my aunt Mrs Marriott having had her own copy). – My father having paid off my uncle George in full and some of the other legatees in part.
My father died in Ceylon on the 3rd April 1829, leaving his property to his wife in trust for his children. A copy of his will is enclosed numbered 2.
An agreement was negotiated, by which it was intended that some of the mortgagees, viz; my grandmother, aunts Lucy and Dorothy Charlotte should become the purchasers for £3000 – the document setting this forth in full (number 3)
The mortgagees however refused to notify the proposed agreement preferring to put the mortgage in suit and accordingly filed a Bill in Chancery. Mr Waddington, as agent, or trustee for the mortgagees being the party who in law took proceedings.
The document (no 4) is a copy of the minutes of the decree of the Court of Chancery followed by other orders &c.
No 5 is the account of Mr Waddington the mortgagee in possession by trust and on behalf of the family – in account current with my father’s estate showing a balance due to the mortgagees of £2385-7-6. This account formed the foundation on which the proceedings were taken.
I also send for your information the advertisement of the sale of the property by auction (no. 6.) The sale was made and the purchase affected by Alexander Waddington as trustee for the mortgagees. There being no other bid an order was made to confirm the sale to Mr A Waddington by the Vice Chancellor – a further order was made to convey the property to the individual mortgagees as Lucy Bird, Elizabeth Bird, Walter Marriott, Dorothy C Bird and Mathew Towgood.
There are two deeds bearing even date. Viz: 26th Jan.y 1835 conveying the property to Dorothy Charlotte Bird and in one of them the following clause recites:-
“That in consideration of the sum of one thousand four hundred and forty six pounds to the said Thomas Davies and Lucy his wife, Elizabeth Bird, Walter Marriott and Mathew Towgood, in hand, well and truly paid by the said Dorothy Charlotte Bird at or immediately before the sealing and delivery &c”. The receipt of which said sum, they, the said Thomas Davies and Lucy his wife,
Elizabeth Bird, Walter Marriott and Mathew Towgood do hereby severally and respectively acknowledge of and from the same and every part thereof, doth release, exonerate and forever discharge the said Dorothy Charlotte Bird her heirs &c.
The usual receipt is applauded to this deed and the signatures of the Rev’d Walter Marriott was affixed to the deeds and receipt at Trowbridge, in presence of Frances Fulford & Wm Nightingale.
The document I enclose, marked no. 7 is Jones & Waddington’s bill of costs for the conveyance as above and mortgage to Miss Jenkins in further proof of these transactions.
In order to pay expenses of transfer, liquidate debts and complete the payment to the mortgagees as above, upwards of £300 worth of timber was cut down and sold by my aunt Dorothy Charlotte and £14 was borrowed on mortgage from Miss Jenkins and £100 from Mr Jones. Next several amounts and Miss D C Bird’s own interest in the property enabling her to effect the purchase early in the year 1835 son after my departure for Ceylon.
My aunt subsequently wrote to me in Ceylon to declare her inability to pay Mr Jones’s debt which was demanded and the interest on the mortgage and maintain herself and her mother and brothers on the farm and that it must be sold unless I could make an arrangement to pay the interest on the mortgage, which was then in arrears and the £100 owed to Mr Jones: and was disposed to do so with the view of securing the property to myself, no mention being their made of any further claim upon it beyond those above mentioned.
Upon receipt of this communication I made arrangement after some difficulty through y agents in London, Messrs Price and Bousted, to pay the interest on the mortgage and Mr Jones’s claim and the payments were thereafter regularly made to Mr Waddington my aunts solicitor on the understanding that it was to be a charge upon the property and in the year 1850 when I had returned to England my aunt D C Bird executed a deed, conveying to me the equity of redemption of the mortgage in consideration of the sum of £751-5-9 so advanced by me and which was then forwarded by my agents.
My payments subsequently amounted to £1089-12-8 in payment of interest up to the year 1857.
A further sum of £300 was remitted at various periods for the service of the farm and a debt incurred of £150 afterwards paid by me, making a total advance of £3041-1-8 including the mortgage. The actual payments in money up to Feb 2nd 1857, when I took over the farm, having been £1539-12-8 and mortgage and interest due that date £1501-9-0 making a total of £3041-1-8.
Mr Davies is a professional land agent and valuer residing at Usk then valued the property on my behalf at £2400 and Mr Mathews a railway engineer having been asked by my aunt and uncle to value it made his estimate between £2500 and £2600. A transfer or conveyance was then executed in my favour for the higher sum of £2600 accordingly by my aunt Dorothy Charlotte Bird and forms my title to the property free from any liability.
Having thus disposed, as I believe, in a satisfactory manner of the legal part of the question that has arisen between my aunt and myself, I am bound to add a few observations on the facts connected with it.
In the first instance I cannot but feel that the forced sale of the property by an order in Chancery was a very harsh recourse to have been adopted by the mortgagees; though the remembrance of it and the feelings it engineered have been lost in oblivion and would not be referred to now but for the purpose of explanation. That measure was rendered the more severe from the fact that my father had purchased the property from his mother and sisters and brothers at a full value and had paid a
considerable portion of the purchased money. One chief object in the purchase having been to secure to his mother the family residence for the remainder of her life at the request and solicitation of his mother and sisters. Secondly, the rejection of the mortgagees of the proposed agreement for the purchase of the property at a fair value was certainly a rejection with it of all the former considerations connected with the sale to my father.
A second proposal that the mortgagees should retain possession as an equivalent to the interest on the mortgage until I came of age and could join in a conveyance without reference to Chancery was also rejected. The mortgages acting with reference to their own interests under professional advice.
My aunt Fanny though probably not consistent of their proceedings and leaving them in the hands of others was nevertheless a party to the suit in Chancery. The rejection of a conciliatory settlement as well as the purchase of the property by the mortgagee at public sale and re-conveyance to my aunt Dorothy Charlotte.
You will thus see that as far as my father’s estate was concerned, my aunt Fanny as one of the mortgagees received the full amount of her share by the sale of my father’s property and by any arrangement subsequently made with my aunt Dorothy charlotte she could not by any possible process fall back on my father’s estate or that of my grandfather.
My aunt will no doubt find it difficult invest her mind of the idea after so long a prepossession that she has not received her share of my father’s property. The same may be said of my aunt Dorothy Charlotte who has also no longer an interest in the estate of her father or any remains of it but the satisfactory reflection that so long as she had the property she sheltered her mother & her brothers in it, though in so doing she sacrificed her own living.
I think you will not fail in arriving at the conclusion, after perusing the foregoing statement, that my aunt Fanny has no claim on me or my father’s estate, had there been any – and that in contributing to aid my aunt D Charlotte to purchase the property she contributed a legitimate quote to a mothers comfort in her old age.
You will also see that in addition to paying the full value of the property I have advanced upwards of £400 beyond it. And finally I feel sure that could my aunt Fanny see the matter in its fair and proper light she would be the last person in the world to advance the claim.
Should you desire to have any further documentary evidence I shall be most happy to furnish you with it.
I remain, my dear Sir,
Yours faithfully
(Signed) Henry C Byrde
To: Harry Nisbet Esqre
T193
Court Case King’s Bench between Hughes Minet & Rekar Fector and Martha Arnold, widow.
Defendant sets forth – John Arnold late City of Canterbury dec.d late husband of defendant.
On 21st May 1769 was indebted to the plaintiff for goods and merchandizes for £137 8s.
Also on the 20th Sept.r 1773 at Maidstone aforesaid was indebted to the sd plts in other £653. 2s for divers, other goods, weares and merchandise.
Cummings Attorney
(Very long and involved but repetitive)
T179
3rd June 1769
Probate for goods of John Arnold to wife Martha.
T181
Will of Henry Arnold parish of Kingston Kent, yeoman.
To John Arnold messuage and tenement with barn, garden, orchard etc.
To Susannah, daughter, wife of John Marsh, all household goods, dinner and household furniture.
To Grandchildren:
Susannah, Henry, John and Jane Marsh £50 each.
Henry Arnold £200 to set him as an apprentice, son of John Arnold
Henry Arnold, late of New York £20
T52
Letter to Mr R Symonds, at no. 4 Queens Square, Bristol
Jan 19th 1802
Dear Friend,
Ceylon – 10th Nov 1801
I wrote to you on my return from Bristol now near three months since and I fear either from your urgent uncertainty of our country past office on your having proved that you have not received it. I have therefore enclosed this to a friend of mine, Mr B Biggs, Linen Draper, High Street Bristol, through whose hands you will get it. I hope by this time you have got quite of your complaints by the help of care and your surgeons and if you can make it agreeable I will be happy to see you here to spend a little time.
I will furnish you with a house already equipped. Before I left Bristol I met our friend J T Mais and suggested or requested him to sell you of my being obliged to leave it and without doing my ….
Am your friend truly yours,
M Wm Drake
Devon
Near Axminster
Part of 268
Bird-Byrd-Byrde
In a self bound volume of the history of the families of Cumberland and Westmorland, printed about 1700 is an account of the owners of Broughton Hall in Cumberland.
Henry, descent of Bird Oswald a Dane who founded his home on the Great Wall about AD800 (a Viking) married about 1164 Joan Teasdale, heiress of Broughton Hall.
Several pages in the book deals with the family genealogy, trees are given. Quarrels between the Hall and the castle, especially during the time of the celebrated Countess, owner of the castle which ended on the Bird or Byrds having to pay a token fine in kind or in money to the Countess. (Bird Oswald is still marked in maps of the Great Wall.)
After being in possession of Broughton Hall for 500 years the history ceases abruptly. Ten sons fought for King Charles, the family plate was melted down, 8 or 9 sons were killed.
My father, rev Frederick Louis Byrde told me that no Byrde should ever allow people to say that Charles II was ungenerous or mean. He granted 3 considerable estates to them in recognition of their services to the Stuarts.
Elizabeth Hicks.
In the wars between the French and the English in America the family of Hicks moved from Virginia. Red Indians tomahawked the parents, two sons and two daughters, Elizabeth 10 years old – said to be beautiful, with beautiful hair, was spared. The chief put her into the care of his chief squaw. Before the move a Captain Gilmore had offered Elizabeth’s father £500 if he would keep her safely with him until his return as he wished to marry her when she was old enough. 1 brother Hicks escaped when the family was killed off.
During the two years that Elizabeth was with the Indians she hoped that her brother would rescue her. A Henry Bird, a Captain with Wolf at Quebec heard of her, he and another officer captured her from the Indians.
Henry kept Elizabeth shut up in a house at Detroit Canada in the care of a lady for 2 years.
He married her there when she was 14 years. She rode ponies and milked cows when with the Red Indians and her imprisonment was terrible. She kept a diary which unfortunately was burnt – the spelling was shocking and her sentences illegible.
Two sons were born to Elizabeth and Henry in Canada, from one is descended Admiral Byrde. Birds are mentioned in the Creevy or Creecy papers, the lead Montreal now stands on what belonged to Henry, who sold it before its value was realised. Several other children were born to Elizabeth at Goytrey house in Monmouthshire, where she insisted on milking the cows.
A son or grandson of hers was one of the Prince regent’s gay set and lost a great deal, the Abbey lands may have been paid for a gambling debt.
Joshua Reynolds was a friend of one of the sons and painted their mother at Goytrey.
De Fer – at the time of the French Revolution De Fer and her brother Pierre escaped from France to Kent in a fishing boat. The rest of the family were guillotined.
A Captain Henry Bird stationed at Canterbury fell in love with the French girl who was teaching French to live. Pierre returned to France to see about the family estate and was never heard of again. Henry and ? were married in the Crypt of Canterbury Cathedral. When stationed at Windsor the daughters of ? and Henry were (w Private) – as is. The daughters of George III. One gave, I think it was Adelaide Bird a carved ivory knife with a steel blade – probably Italian; this was given to me by my father, William Byrde.
The christian names of the children have now Frederick and Louis amongst the Augustus, Henrietta etc and Charles etc in the family genealogies.
Bird or Byrde spelt either way were great soldiers, undistinguished – not one became a general. They fought in the thirty years war, the wars of the Austrian succession. Peninsular war, Napoleonic wars, one was at Waterloo.
A boy of 18 was drowned at the battle of the Nile, China wars. On his return from China a Col. Henry Byrde bought land in Ceylon – he brought from China a great quantity of porcelain, bedroom and table and drawing room china. This was all marked with the family coat of arms in England. Most was sold after the death of my grandfather, Colonel Henry Louis Byrde, JP, deputy Lieutenant of Monmouthshire. He went back to the old spelling of Byrde. A brother of his, I think a Charles was wounded in the Crimea war. He was the youngest Major. He went to Ceylon to plant on some of the family estate.
My grandmother would not allow any of her sons to go into the Army. My father and his brother became Clerics. Richard was headmaster of All Hallows Devon.
Note: when I sang in a concert in Penrith Cumbria in ’98 the Penrith newspaper said “one of the Byrde’s of Broughton Hall which had been in the family for 500 years”. Cumbria had a long memory. The celebrated Lord Chancellor took his title from “Broughton” when he lived at Broughton Hall.
T 210
8th February 1823 – Will of Henry Bird
Elizabeth Bird, parish of Goytre relict of Henry Bird.
George Bird.
Lucy Bird, spinster.
Frances Bird, spinster.
Rev Wm Richard Lewis Walker Llanover and Georgina his wife, late Georgina Bird
Dorothy Bird, spinster.
Betsy Hayward Winstone of Bath, widow and relict of Wm Hayward Winstone.
To Charles £200 to put him in full pay in an old Regiment and fit him out service at such time.
Wife Elizabeth and other mentioned people, all stocks and shares and Goytre House – not to sell canal shares until they reach £100 per share.
House not to be sold.
T 255
In Memory of Col. Henry Bird
Born at Detroit U.S. April 24th 1780.
Colonel Bird entered the army in the 29th Regt., was Lieut. In the 94th also in the 5th Regt. Served at Major in the expedition to Hanover in 1805 and at the storming of Buenos Aires in 1886 and in the battles of Roleia and Vimiera in 1807.
In 1809 he served under Sir John Moore in Spain and afterwards in the expedition to Walcheremz. At the siege of Flushing he was made prisoner whilst charging a French Column and upon being restored to liberty at the surrender of that fortress he served in the Peninsular under Lord Wellington and distinguished himself at the battles of Salamanca and Vittoria.
At the close of the Peninsular war in 1815 he returned home to Goytre House in this parish.
In 1822 he was appointed to the 16th Regt. In Ceylon and was deputy Commissary General of that Island.
On the 2nd April 1829 he was seized with Cholera and died the following day leaving a widow and four children and lamented by a wide circle of friends.
Also in Memory of Frances Maria relict of the above who was taken to her rest on the 26th January 1869 aged 85 years
T15 – Aug 25th 1784
We the proprietors of an Indian grant made in the month of June 1784 by the several Indian Nations in and about Detroit in favour of Mr Mcfee, Wm Caldwick, Mathew Elliot and Henry Bird esq., Mr Anthony St Martin, Mr Chas McCormack, Mr Robin Surphleet, Mr Thos Mcfee, and Mr Simon Girty, do herby consent and agree that the tract of land directly opposite the island of Bois Blane be divided into four parts and that the upper or north division be allotted to the above mentioned Henry Bird as his share and that the said fourth part allotted to the said Henry Bird shall run back as far as the small river or creek which empties itself into the lake, seven miles more or less, coating from the lower end of Bois Blane, or, as much more on the other side of the land as the majority of the proprietors make consent to, or allow to as much as a mark of our consent we hereunto set our hands this twenty fifth day of August in the year of our lord one thousand seven hundred and eighty four in presence of each other.
A Mcfee
Mathew Elliot
Anthony St Martin
Sept 11th1805
Made copy for Major Bird
One side bookhouses
Second Doc as first then continues:
Be it known to all whom it may concern that Henry Bird late Capt. in the Kings Regiment of Foot do give unto Agnes Hazel of Detroit and unto Judith Hicks, sisters, the southernmost of my two houses and the lot of land situate between the two runs or creeks on the east side of the river of Detroit opposite the isle of Bois Blane which they may cultivate of themselves or their assigns. I do give the said house and land aforesaid Agnes Hazel and Judith Hicks until such land and house be reclaimed and demanded by me the said Henry Bird, or my heirs executors or assigns on which claim or demand the aforesaid house and land is to be delivered and given up as property appertaining to Henry Bird or his heirs – and it is to be delivered, (that is the house and lot given for a term as above premised and mentioned) is to be redelivered free from all charges for buildings, labour or costs of any kind that may have been erected or furnished by the aforesaid Agnes Hazel or Judith Hicks or their assigns, but they may remove any such buildings at the delivery of the lot that may have been erected after the date of this deed. And if they or their assigns should have a crop of the land when it is redeemable and claimed they are to have the advantage of such crops further the said house and lot is not to be suddenly abandoned or left without proper persons to take care that the house be not damaged or destroyed.
In witness that this is my free will and deed I thereunto set my hand and seal in the year of our Lord one thousand seven hundred and eighty four and on the 31st day of August in presence of
Barnaby M Eudding – X
Henry Bird
We Agnes Hazel and Judith Hicks do consent to receive the house and lot mentioned and described in the premises on the conditions therein proposed and do mean God willing to conform to the above spirit and meaning of this deed.
Signed
Agnes Hazel
Judith Hicks
Witness:
Alex McCormick
I Edward Hazel do agree that my wife Agnes Hazel shall receive her part of the house and lot on the conditions proposed in the deed contained in this paper: signed Edward Hicks
Witness:
Barnaby Mc Edding
W Powlett
27thSept 1785
We received yours dated 21 Jan/y, 4 Febr.y& 28thApr., we also received last fall Gen. Haldimands confirmation of Capt. Dipeysters deed of your house and lot in town which we have offered for sale to everyone we could think might be inclined to purchase without being able to succeed, some even doubted the legality of the grant, so that it remains undisposed of and still, with great difficulty we got a tenant, and that too at very low rate of £30 per annum, which was poor. Wm Andrews & God knows when she will pay it, the Lord knows, her brother Arthur Collin dyed this summer whose estate is involved in lawsuits, that she can touch nothing that was his. The provisions that you purchased at Montreal to replace those you was in debt to Mr Reynolds met with so many toings and tumbling’s about that they fell so much short of the quantity he became your security for to him, he demanded payment of the deficiencies which we were obliged to Comply with according to the enclosed account amount to £49 6 New York Curs.y the prices charged are so much lower than what is current in town.
We send you a state of your account that you may know for what value to insure your life, we think it just that this should be don that we may not run any risk through our willingness to oblige.
We wish you had given us more ample instructions relative to your farms, Mr Hazel talks largely he now occupies both without paying any rent. Should you make steps to London you may perhaps find our A Macomb there this winter and our father for certain with Captain Mrs Bennett.
Please present our complements to Mrs Bird and believe us dear sir,
Your very humble servants
Alex & W Macomb
Capt. Henry Bird
New York October 27 1788 sent to Cpt. H Bird Goytre Nr Pontypool
Dear Sir
The pleasing period being at length arrived when u were to touch the fortune left you. I have taken the liberty of sending your bond and account carried to my friends Mrs Phelps Ellias of no. 27 Mark Lane London for payment and request you will pay to them and their discharge shall be an aquittance from Alex Macomb, the amount of our demand 1stMay back is £1135 2s 11d New York currency to which interest until payment will be added.
We need not urge the cheerfulness with which we advanced this money nor the patience with which we have waited your convenience as motives to prompt you to repay us. We are perfectly assured of your honourable intentions and do not ? and doubt of your inclination to discharge our demand if you probably can we shall say no more on this matter.
The politics of this country have for some times been very fluctuating while the state were undecided on the subject of the new constitution in the place while peace and longevity appear throughout the union during the important deliberation at present things have every appearance of making that peace and tranquillity permanent from the above general concurrence of the states towards the new states of government which is to be organized in this city the first Wednesday in March next.
We promise ourselves much from its consolidation and energetic principals and we hope it will make the country respected as a nation and perhaps may be the means of inducing many respectable families from Europe coming to reside among us, in the number perhaps Capt. Bird.
I visited Detroit last summer and left in August last year – things are very much changed- indeed since your departure – half the houses in the main street empty and three fourths of the merchant banks and supply – your farms at Fredericksburg being very little advanced from what they were when you saw them tho Mr Hazel still lives there he has not enough clearing. The new settlements made by government on the Lawrence have increased astonishingly further sugar loaf increased in Lake Eve to Toronto. In lake Ontario is closely inhabited and from sixty miles west most of Cadgruguy?. Cedars is equally so and all thriving.
At Detroit farms on the same principal are laid out as far as point Pelee but few of them yet in occupation.
I shall be happy to hear from you & make my compliments to Mrs Bird and family,
I am, Dr Sir, yr obed servt
Alex Macom
May 14th1790
Capt. Bird mouth of the river Detroit.
Sir,
I have been informed by D Harffy of your kind intention of sending me a few goods to assist me in the support of my family.
I did not accept of your kind offer after last summer as I had some hopes of having the pleasure of you being in this country. At present I shall be much obliged to you to complete the Miland order that Mr Macombe has been good as to write for me and who has during your absence paid me and my family great attention. You will please to him the goods packed in small bales mkd with your own name HB and consigned to Robert Ellis HD merchnts Detroit who will take the trouble of paying the inland navigation and delivering the goods to me and then I can see them. I will deliver the package to Mr Macomb on your order. (I have not been able to clear more than about 30 acres of land on the 2 farms as you will know without money or assistance little can be done in this country. If you send me the above goods I shall be able to make some improvements on the land situated on the back creek.)
I have wrote you several letters and am happy to hear that yourself and family enjoy good health.
I have 3 children, Beth, Sally and Richard and if I have good luck this summer will produce a fourth.
My wife joins with me in your grand wishes to yourself, Mrs Bird and family
I remain Sir and with R
Your obedientservt
Edward Hazel
27 Sept 1796 Fort Maldon mouth of the river Detroit
Sir, I had the misfortune to lose my dear wife on the 14thMay last, leaving me with three small children, one boy and two girls.
The land you was pleased to leave in the possession of Mr Hazel and my deceased wife is taken possession of by the government and now a governor is erecting thereon and I understand that Mr Hazel has disposed of the southernmost house for some consideration towards payment. But for fear that I might enquire you in getting the value of your lands from government I have put the upper most house in possession of Douton Nasby who has undertook to take care of the instruction which you left, I never saw until about a month before the death of my dear companion who had entirely forgot her signing of the deed and after I was married and wanted to live in the upper house Mr Hazel asked me fifty bushells of wheat per year to live in it what I would not given and consequently hoped and have the please to inform that my children are all very well as I.
Sincerely hope you and yours are, please send my love to Mrs Bird and the children and,
I am Sir, with great regards your most humble servant
Henry Ransden
Detroit 11 June 1797 – Mr Major Bird’s American Claim
Mr Little forwarded to me some time ago power of substitution from you to act in Cpt. Bird’s matters here which I shall attend to.
I shall state to you the situation in which they now stand and shall be glad to have your advice in the business.
In the first place the lot of land of the mouth of this river claimed by Cpt. Caldwell, Col Mcfee, Cpt. Elliot viz on an old morain grant and I believe verbally confirmed by the commander chief that at least I have never heard of any deed that was obtained from it/. The front of Cpt. Bird’s farm unfortunately comes within the lines of defence of the garrison of Heratbury? Which also takes in three fourths of Cpt. Caldwell’s farm. Mr Hazel was disposed about 12 months ago when the fortifications were first about to be erected and both Cpt. Bird’s houses have been turned to military purposes, one of them is occupied by the Barracks Master and the other by an officer of the Rangers – Col Mcfee and Cpts Elliot and Caldwell finding that their Indian deed were insufficient have lately petitioned the administrator for a new deed which has been granted to the two first but 200 acres in the front of Cpt. Caldwell has been reserved until the Commdr Chief’s pleasure shall be known. Within a yard of the confines of the garrison. Capt. Bird’s land however lays nearest to that reserved for governmt and it is not probable that he will get a deed for that part as the blockhouses are built upon it. The back land will however be valuable but might be well obtained by the government for that the compensation for 200acres in point taken for the use of the govt. I am to ask of the four lots contains 1000 acres. This house and lot in this town stands in this situation, it was until by W Macomb to a Mr Tarry? Then who died, soon after let by his heirs to a Mr Martcliffe – Mr Macomb’s sudden death and the interval which was equally sudden, a person was empowered to act for his estate and rent being regularly made his affairs were put into the hands of Mr Macintosh a merchant who had made a demand some considerable time ago of rent from Mr Martcliffe who since the late change of Governt. In this place not only refused to pay unto or leave the house but won disputes. Capt. Birds letter to Mr Roux alleging that it was built by the Detroit Goods and belonged to Wm., states Mr Macintosh bought at auction against him but for the singularity or particularly of these counts such was suspended.
(The page now has pieces missing)
Must go to the Supreme Court
Alex Duff
Letter to Charles Blake
T38
Copy of a letter from Lieut J M Pennington to the Secretary at War
Luzarches 19th December 1815
My Lord,
I have taken the liberty of begging your Lord’s interference in a lease the particulars of which are here detailed – after the battle of Vittoria, Lieut. Colonel Bird was left there on duty and his company (The Grenadiers) was paid by his brother for him until it was ascertained that the former was going to England about the 24th September when Major Clarke was appointed to the Company.
His brother and Captain Leech were authorised by him to settle his accounts both public and private.
The balances on the abstract 24th September were less by £106 9s, the amount of the minus credits to that period which was charged to Colonel Bird’s private account and creating to the Company account to October along with the balances to 24th September, after that the public account was signed by Captain Leech, for him, as correct and the receipts, memorandums &c to the period over to him for Colonel Bird last declaration.
The balance of his private account was sent to him as two remittances amongst which was credited the amount of our order drawn by Lt. Barry 87th Regiment for one hundred dollars on paymaster Sherlock which I counted as goods as having the money in my possession, being accepted by the latter and which I beg to leave to enclose. – On applying for the money it was refused on a plea that it was forbid by Lt. Barry in consequence for the horses (for which it appears the order was given) being claimed by Captain Thompson 83rd Regiment.
Finding I could not get the money for Colonel Bird I made him acquainted with it, as also that it would be charged by me to paymaster Boyd of the 2nd Battalion for him to repay as it was no transaction of mine whatsoever in paying the money before it was received and that he might be able to make some arrangement with Captain Thompson and Lieut. Barry concerning it.
I was however much surprised on being informed that Colonel Bird would not refund the money that being eighteen months ago and still preservers in with holding it from me.
May I request your Lord will have the goodness to assist me in recovering the amount from Colonel Bird by having it paid into the hands of paymaster Boyd on my account.
I am, Sr
Signed
J M Pennington
1st Battalion 5th Regiment
The Right Honble
The Secretary at War