PHIL HIGGIN to JOHN CLAGUE

Sale - 1710 (Douglas)

Know all men by these presents that I Philip Higgin of the town of Douglas, mariner, with the consent of my wife Jane Higgin als McYlroy many good causes and considerations us thereto moving but especially for and in consideration of the full and entire sum of two pounds five shillings of lawful moneys of England according to the currency now in the Isle, to be paid as followeth viz twenty two shillings and sixpence to be paid at the signing, sealing and delivery of these presents and the other twenty two shillings and sixpence to be paid at or when these presents are confirmed by the honourable Court of and from the hands of John Clague of the above town, weaver upon the receipts of which payments the above Philip Higgin and Jane my wife contented, paid and fully satisfied and thereof and of every part and parcel thereof do .... acquit and discharge him the above said John Clague, his heirs,executors, administrators and assigns

Have by these presents bargained, passed over and sold and do bargain, pass over and absolutely sell all our interest, right and title in and by .... one small garden situate and lying in the foresaid town and joining to the rent of John Clague above also to the rents of John Coultrie, Robert Quine and William Flexney the said garden being come due to be the above Philip Higgin with a tholtan there to belonging to the death of my late father Thomas Higgin and all of the rent of three pence per year to the Lord so that the rent of the said garden is left to the discussion of the discussion of the Setting Quest, from us, our heirs, executors, administrators or assigns to him the above said John Clague, his heirs, executors, or assigns

To have, hold, occupy and peaceably to possess the same forever without the lett stop, hindrance or molestation of us or either of us, the above Philip Higgin and Jane my wife, together with all easements thereto belonging

Also I the said Philip Higgin and Jane my wife do hereby oblige ourselves, our heirs, executors, administrators or assigns to uphold, awarrant and defend him, the forementioned John Clague, his heirs, administrators or assigns in the premises against the pretended interest of any person whatever, the Right Honourable the Lord of the Isle and his heirs only excepted

And likewise to perform and do or use our endeavours to do all things hereto belonging for the better security of the within John Clague, his heirs, executors, administrators or assigns and this in the penalty of four pounds ten shillings to be paid in the nature of all fines

As witness our hands and seals this eighteenth of April 1710

Philip Higgin

Jane Higgin als Mcylroy my mark X and seal

Signed, sealed and delivered in the presence of David Christian & William Flexney

22nd June 1710 The within Philip Huggin and Jane his wife have acknowledged the above and within bargain to be their voluntary act and deed. Before me John Parr Note the remaining part of the confirmation is likewise paid this day. Before me John Parr

Whereas the whole rent of the withing Philip Higgin was three pence per year, the within John Clague and Robert Quine of the said rent have agreed between ourselves for the said rent and I John Clague to pay two pence per year of the said three pence for a garden and Robert Quine one pence per year for the tholtan

As witness our hands this twenty third of October 1710. Robert Quine my X, John Clague my X

At a Sheading Court holden at Douglas the 23rd October 1710 The within Bill of Sale being acknowledged before Mr Deemster Parr and now published in open Court and no objection then offered therefore the same is allowed of and confirmed according to law. Robert Mawdsley, Dan Mylrea, R. Rowe, Wm Sedden

[Ref: OD ONC 1/41]

NOTES

  1. This contract is the first of two executed by Philip Higgin when he sold the tholtan (house) and garden left to him by his father Thomas who died in 1700, described as a small cottage and garden in Douglas (Gellings Court (#111, rent 3d)
  2. He sold the garden to John Clague and the tholtan to Robert Quine on the same day
  3. Higgin was a mariner and the husband of Jane Mc ylroy. They married in 1703 in Douglas, so Jane would have been born 1675-80
  4. Jane was the daughter of Hen McYlroy & Amy McYlroy als Joyner als Watson. She was under age when her mother died in 1689; her father died later in the same year
  5. She had two Joyner step-siblings: Robert & Alice
  6. Jane inheriteda cottage allotment in Douglas from her father (#110, 4d rent) - in LA 1700, allotment #91 with a 4d rent was jointly tenanted by Hen & John Mcylvorrey, presumably the same (renumbered) cottage allotment, Hen presumed to be her father
  7. Jane and Phil had children Margaret (1704), William (1706), Jane (1708), Philip (1711), 1719) of whom two survived to adulthood
  8. In 1730 Douglas Household Survey: Philip & Jane Higgins, 1 child & 1 servant; Robert Joyner (widowed) alone; Alice Graham (widowed) 1 child
  9. Jane Higgin als Mcylroy was buried 17th September 1736, Braddan
  10. The Edward Fletcher mentioned in Jane's will probate was the husband of her daughter Jane (married 1733)
  11. Two burials of a Philip Higgin are recorded in the Braddan parish register, 1741 & 1769, Jane's husband and son
  12. Philip snr was a mariner and Philip jnr was a hairdresser and wigmaker
  13. Phil Higgin snr did not leave a will but the LV 1743 records the fact that he made a gift of two cottages in 1736 to his son, Phil jnr, soon after Jane died. Their total rent was respectively 2s 7½d, and 20½d, for cottage allotments #48 (Higgin share = 12d rent) & #52 (Higgin share = 3d rent) (TBF might be NSS May 1743 #43)
  14. Phil jnr was also lucky enough to be also left cottages by Mariot Smith and Margaret Kelly in the 1750s
  15. Philip jnr married Elizabeth Peel 1741 (d1750), Mary Halt 1751 (d1761) then widow Sarah Merydew als Scott 1761 (d1795) - brother in law Edward Fletcher was witness to this third wedding
  16. Philip jnr had four children Mary 26th January 1742/3, Philip 4th March 1743/4, Jane 25th February 1746/7, Jane 25th June 1752, of whom only Jane survived her father so in less than a century, Jané's little family was "daughtered-out"
    17. This contract is for cottage allotment #108, described as "a house and garden" of 4d rent which Jane, Phil's wife, inherited on the death of her parents Henry Mcylrey & Amy Mcylroy als Joyner als Watson in 1689
  17. Two years previously, Phil had purchased cottage allotments #48 & #52, so the family was on the move
  18. NOTE: Be aware that cottage allotment numbers changed over time as Douglas expanded. Rent and neighbours are key elements in confirming whether the tenants (ie Phil Higgin) have changed properties or whether they have remained stable while the allotment number from one LA to the next has changed

Associated Documents

From Summary of Wills, A Manx Notebook

1785 A 5 FLETCHER Edward dated 11 nov 1784; Ballafletcher; gtgdau Carolina Lee; names Capt John Lee,John EdwardLlee,Wm + Edwd Callister; sister Mary Callister; names Sarah Quirk als Callister,Wm+Robt Kelly,Edwrd Callister;dr Patk Scott claims - son in law

1785 A 6 ds FLETCHER Jane dated 14 mar 1785; widow capt Ed Fletcher; gtgch John Edward + Caroline Lane Lee - daughter

 

Last updated: May 2024
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