199 Lewis Gregory to John Tallamy

    Copy of a Letter from Mr. Lewis Gregory

    To Captain John Tallamy in Bideford

    Barnstable March 2d, 1720 [1719/20]

    Captain John Tallamy

    I have perused a copy of the will of John Dodderidge Esq. taken out of the Prerogative Court of Canterbury and dated the 20th July 1658 wherein I find he gave a rent charge of £50 per annum forever clear of all charges to be issuing and payable out of his Rectory of Fremington in the County of Devon unto Mr. John Martin the elder Mr. Richard Crossing and Mr. John Lovering the elder (his three brothers in Law) and their heirs earnestly desiring them and the survivors and survivor of them to cause them to be settled by good advice of Counsel for the use of a Lecturer within the Parish of Fremington forever. He also therein gave to the College in New England towards the maintenance of scholars there the yearly sum of £ 10 to be forever issuing and going forth out of his said Rectory of Fremington. He also in and by his will gave to the Trustees for the maintenance of select scholars at the universities according to the model drawn up by Mr. Poole and others the like yearly sum of £ 10 to be forever issuing out of the said rectory of Fremington. Now upon the best enquiry that I can make I find Mr. John Lovering the elder survived Mr. Martin and Mr. Crossing but whether any settlement was made pursuant to Mr. Dodderidges will I cannot learn. I believe there was none after the death of Mr. John Lovering the elder. John Lovering his son and Heir kept a proctor who managed the sheaf of Fremington which at that time was worth at least £140 per annum and duly paid the £50 per annum to the Lecturer and the £10 exhibition to a scholar in one of the universities in England and the £10 to the College in New England home to the time of his death which happened about the year 1687. The Proctor who then managed the sheaf is still living with whom I have discoursed and perused all his papers and records and I find several receipts which he has for the payment of the £10 to Harvard College in New England the last whereof is dated May the 20th 1687 (which I have in my Custody) for £10 received by one Samuel Peard of Barnstaple (since deceased) by the order of Mr. Edward White Merchant in London to be conveyed to New England but whether he returned it to the Colledge I know not. Mr. John Lovering the Younger he left at his death a widow and two Daughters who were minors and died very rich and by his will nominated Trustees for them but whether any thing relating to the sheaf of Fremington was mentioned in his will I cannot learn. Some few years after the death of Mr. John Lovering his widow intermarried with Mr. John Bailer and then Mr. Baller he received the profits of the sheaf (still keeping the same proctor to look after it) home to year 1699 when Susannah one of the daughters of the said Mr. John Lovering intermarried with Richard Ackland Esq. with whom Mr. Baller made up accounts and from that time Mr. Ackland received the profits of the sheaf and took upon him to name the Lecturer and set it out to a yearly rent for three years to the proctor who had looked after it for many years for about £110 per annum which ended at Michaelmas 1703, but the Tenant was to be discharged from all rates taxes and all other outgoings. Now there are no glebe lands which belong to this sheaf only a Tyth Barn and a House and orchard worth about £4 per annum and the rents and profits of this House and orchard I’m credibly informed Mr. Ackland hath wholly appropriated to his own use, he having the manor of Fremington which adjoins to it. There is now and always was a Fee Farm rent of £33.10.0 forever issuing out of the sheaf of Fremington to the Crown now the property of the Church of Exeter and ever since the Taxes have been imposed on Lands, the sheaf of Fremington hath been rated £20 per annum to the King when the 4d of the pound and so proportionable when less than 4d in the pound which is very high rated and so is the whole parish. It is also rated near £4 per annum to the poor and about 15 or 20d per annum to the Highways; From Midsummer 1703 to Midsummer 1706 the same person took the sheaf again for £102.3.0 per annum which he paid to Mr. Ackland, But the Proctor had not the profits of the Houses and orchards when he rented the sheaf and from 1706 the Lecturers for the time being have kept it in their hands and pay the outgoings and the present Lecturer before he was admitted which was about 6 years since gave Bond to indemnify Mr. Ackland from the two exhibitions. Indeed Mr. Ackland hath some years since he received the profits of the sheaf given £10 to a poor scholar in one of the universities but nothing for many years last past as I am informed. This is a true state of the Case as to the sheaf of Fremington and notwithstanding Mr. Ackland did not seem to value but made slight of the demand I made on him on behalf of the College of New England by telling me there was but just enough to pay the Lecturer and when any overplus happened he would pay it to one of our universities in Old England. Yet I do not in the least doubt but from the year 1687 Mr. Ackland and the Representatives of Mr. Lovering will be liable to a decree in a Court of Equity to pay the College of New England as far forth and in proportion with the Lecturer and Scholar in one of our Universities for where any Charitys are given and the profits of the Estates will not pay in full each Charity must abate in proportion and in such Case there will be about £300 due to the Colledge in New England but this ought to be put in suit whilst the person who can prove that the Colledge was seised of the £10 per annum is alive and He is an infirm man being much afflicted with the Gout. Now Captain you have a sufficient Authority from the Colledge in New England to act in this Affair as you shall think proper. I’ll forthwith file a Bill against Mr. Ackland and others who must be made parties for the Recovery of this Money and establish it for the future if you please to give me Orders otherwise (being forthwith bound for New England). You may lay this state of the Case before the Colledge there and bring full instructions with you at your Return but this will be loss of time for if Mr. Ackland should dye it may strongly alter the Case. You told me (if I mistake not) that the College in New England was rich and could afford Money to try for their Right. If so tis pity any time should be lost, however you may act in this Affair as you think most proper. I have not sent you the Copy of Mr. Doddredge’s Will and the Letter of Power least it should miscarry being in hopes of seeing you before you sail to deliver it myself otherwise it shall be sent you as you shall order.

    Your humble Servant

    Lewis Gregory

    I have been confined in the Gout for near a Fortnight otherwise you would have heard sooner from me.

    P.S. Capt. Seeing you are speedily bound for New England I would advise you to lay this state of the Case before the Colledge And then they may send proper orders by the first ship which shall be punctually observed by

    Your humble Servant

    Lewis Gregory

    Wills, Gifts and Grants Papers, 54. On June 28, 1720 the Corporation authorized Captain Tallamy to do what he could to recover the Doddridge legacy. See CSM Publications, xv. 289–290, xvi. 452; for his Will see No. 60.