PHIL HIGGIN jnr to THOMAS HEYWOOD

Surrender - 1754 (Douglas)

Whereas Thomas Heywood of the Nunnery in the parish of KK Braddan in the Isle of Man, gentleman, with the consent of Hester his wife with one Bill of Sale bearing date the twenty-first of January which was in the year one thousand, seven hundred and forty five did, for and in consideration of ten pounds ten shillings British money and other considerations therein mentioned give, grant, demise, pass over and sell unto Philip Higgins of the town of Douglas, in the said Isle, barber and peruke maker, a certain parcel of quarterland being part or parcel of the land belonging to him and commonly called and known by the name of Nunnery Howe in the said parish opposite the town of Douglas, that is to say a piece or parcel of said Howe land, on part whereof a house or cellar was formerly erected, containing in length eighty-five yards or thereabouts, and in breadth thirty yards or thereabouts, having on the south side thereof the Howe, adjoining the Douglas river on the north and on the east and west ends adjoining the lands of the said Thomas Heywood, together with a road or passage at both ends for the said Philip Higgins, his heirs and assigns with carts and all other carriages to pass and repass to and from the the said town of such yearly annual rent as the Setting Quest should settle thereon

Tto have and to hold the said before granted premises, the said Philip Higgin, and his heirs and assigns, executors and administrators forever with all ways, waters, watercourses, easements, liberties and advantages to the same belonging, yielding and paying the Lord's Rent with all other accustomed dues, duties and services as by the said Bill of Sale remaining of record may more fully and at large appear. I now these presents witness that I the said Philip Higgins do hereby declare and acknowledge that the said Bill of Sale was so made and passed unto me in trust only for Barrow Lawrence then of Douglas aforesaid, and now of the county of Gloustershire in Great Britain, gentleman, that the consideration money then given and in the said deed mentioned, was the proper money of the said Barrow Lawrence and my name made use of in the said deed only in trust to and for his use and benefit, and whereon the said Barrow Lawrence hath by writing under his hand bearing date the twenty-fifth of June last past desired and authorised me to reconvey and assure the premises so conveyed unto me as aforesaid unto the said Thomas Heywood and his heirs and that for so doing, the said writing should be my discharge. Therefore in compliance therewith and to fulfil the request so made as aforesaid

Know all men by these presents that I the said Philip Higgin by virtue and discharge of my said trust and sundry considerations me hereunto moving have granted, assigned, surrendered, sold and confirmed and by these presents do grant, assign, surrender and forever absolutely sell and confirm from me and my heirs, executors, administrators and assigns and likewise from the said Barrow Lawrence, his heirs, executors, administrators and assigns and from each and every of us.

And from each and every of us and .... unto the said Thomas Heywood all and each of our right and title and interest in and unto the said parcel of land in the Howe aforesaid being Abbey land and all and singular the premises in the before recited Deed of Sale expressed and mentioned with all material and improvements thereon without any reserve whatsoever

To have and to hold unto him the said Thomas Heywood, his heirs, executors, administrators and assigns all and every the premises with all rights, privileges, advantages and appertenances to the same in any wise belonging as full and amply in all intents and purposes as the same were conveyed to me by the before recited deed and .... largely and effectually in every repect as in his former estate, yielding and paying yearly the Abbey Rent to the Lord of the Isle, together with all other dues, duties and services payable out of the premises at the times and seasons accustomed, and the said Thomas Heywood doth for him, his heirs, executors, administrators and assigns accept of this present surrender of the premises and in consideration thereof doth absolutely discharge and acquit the Philip Higgin and Barrow Lawrence, their and each of their heirs, executors, adminstrators and assigns of and from the yearly rent, covenants, clauses, conditions and agreements by the deed contained and ... on the part and behalf of the said Philip Higgin and Barrow Lawrence, their heirs, executors, administrators and assigns to be paid, done and performed

And I the said Philip Higgin for myself, my heirs, executors, administrators and assigns do covenant, promise and agree to and with the said Thomas Heywood for himself and his assigns to do, perform and execute any other or further act, deed or instrument but at the expense of the said Thomas Heywood, that he the said Thomas Heywood, his heirs, executors, administrators and assigns shall think necessary for the further and better assurance of the premises hereby conveyed and the strengthening of these presents

And for the true and faithful performance of all and singular the premises and all things therein contained, I bind my heirs, executors, administrators and assigns in the penalty and forfeiture of four hundred pounds sterling to be levied and paid, one half thereof to the Lord of this Isle and the other half to the said Thomas Heywood, his heirs, executors, administrators or assigns according to the law and custom of the said Isle in such cases provided

In witness whereof I have hereunto put my hand and seal this 6th day of September in the year of our Lord one thousand, seven hundred and fifty-four. Philip Higgin (seal), Mary Higgin (seal), Thomas Heywood (seal)

Signed, sealed and delivered in presence of us this 6th of September 1754 Erasmus Rose, Robert Reeves

21st October 1754 Philip Higgin and Mary Higgin acknowledged the within and above assignment, surrender and Bill of Sale with the conditions and covenants therein mentioned to be their voluntary act and deed, Capt Thomas Heywood acknowledged the same to be his proper act and deed as far as concerns him. Before me John Taubman

At an Abbey Court holden at Ballasalla the 25th October 1754 The beforegoing Surrender, Assignment and Bill of Sale being acknowledged before the Deemster and now openly published in Court and no objection offered against them are therefore allowed of and confirmed according to law. Daniel Mylrea, John Quayle, John Taubman, Dan Mylrea

Mr Philip Higgins

Whereas some time since Mr Thomas Heywood of the Nunnery in the Isle of Man did convey and assure unto you a parcel of land being part of the Isle within the Isle ....................................these are to desire and authorise you to convey and assure the same premises (so conveyed unto you as aforesaid) unto the said Thomas Heywood and his heirs and for so doing, this shall be your discharge for the same. Your humble servant. Barrow Lawrence. Dated this 25th of June

Witness Edward Cannell

to Mr Philip Higgins of the Isle of Man

23rd October 1753 Edward Cannell the subscribing witness to the above writing made oath upon the Holy Evangelist that Barrow Lawrence duly executed the same in his presence. And this before me John Taubman

[Ref: N/SSS Oct 1754 #52a]

NOTES

  1. This is a curious event inasmuch as Phil ''purchased" this land from Thomas Heywood in 1745/6, making no mention of the fact that he was an intermediatry for Barrow Lawrence. Now he claims that was his role, and is returning the land to Heywood almost a decade later
  2. Phil Higgin jnr was the son of Philip Higgin snr and Jane Mc ylroy. He was born in 1711 in Douglas
  3. 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
  4. She had two Joyner step-siblings: Robert & Alice
  5. Jane inherited a 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
  6. Philip sold sold the tholtan he inherited from his father (Gellings Court #111, rent 3d)
  7. So over the years, Philip & Jane sold their legacies but purchased other properties in Douglas
  8. His father was a mariner and Philip jnr was a hairdresser and wig maker
  9. Two burials of a Philip Higgin are recorded in the Braddan parish register, 1741 & 1769, father and son
  10. Phil Higgin snr did not leave a will but the LV 1743 records the fact that he made a gift of two cottages in 1737 to his son, Phil jnr, the year after Jane died. Their rent was respectively 2s 7d, and 20½d, for cottage allotments #48 & #52 ((TBF might be NSS May 1743 #43)
  11. Phil jnr was also lucky enough to be left cottages by Mariot Smith and Margaret Kelly in the 1750s
  12. Robert Joyner, husband of Margaret Joyner als Mcylroy, was Philip's half-uncle
  13. Philip jnr married three times: Elizabeth Peel 1741 (d1750), Mary Halt 1751 (d1761) then widow Sarah Merydew als Scott 1761 (d1795) - Edward Fletcher was witness to this third wedding
  14. Phil 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
  15. In less than a century, little family of Philip snr and Jane was ""daughtered-out"
  16. NOTE: Be aware that cottage allotment numbers changed over time as Douglas expanded. Rent and neighbours become key elements in confirming whether the tenants (e 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 Edward Lee,Wm + Edwd Callister; sister Mary Callister; names Sarah Quirk als Callister,Wm+Robt Kelly, Edwrd Callister; dr Patk Scott claims; - brother-in-law

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

Last updated: May 2024