The Manor House in Eastbourne (the present Towner Art Gallery), purchased by Charles...

In 1792 Sir Stephen Lushington of South Hill Park, Easthamstead, Berkshire, conveyed the mansion house erected by his father the Rev Henry Lushington to Charles Gilbert of Lewes. Included in the sale were the grounds and some cottages, consisting of various plots bought by Henry or Stephen between 1765 and 1785 (102-103).

The deeds of the estate have been arranged in order of the purchase of its component parts. No deeds survive for some elements, but details of their acquisition have been included from an abstract of title drawn up at the time of sale in 1792.

The conveyance of 1792 (105, 106 below) relates the then layout of the house and grounds to the component elements of the title.

Purchase from John Stretton, March 1765

Messuage called the Crown Inn with barn, stable, shop and ½ a; copyhold of the manor of Eastbourne Wilson, late Mortimer, before Apps, quitrent 2s 9d (1716)

In 1716 John Mortimer surrendered the property to the use of his will and sold it in 1734 to John Stretton of Eastbourne, carpenter, who mortgaged it to Richard Webb of Eastbourne, gent, and to William Fletcher in 1743 (103).

Stretton sold the messuage, now described as formerly the Crown Inn, to Henry Lushington in 1765 (1, 2). Lushington demolished the property, which was described as the site of his newly-built tenement at his death in 1779 (103).

Purchase from Henry Mandy, April 1765 and March 1767

1 Messuage, barn and lands called Dunstalls; copyhold of Eastbourne Gildredge formerly King, before Crunden (1781)

2 Garden and piece of ground enclosed with a flint wall, granted out of 1 above in 1765 3 Piece of ground (8½ rods) taken out of the west part or corner of Henry Mandy's field (W: garden late Henry Mandy; N: former garden late Clarke, before Greystock), granted out of 1 above in 1767

In 1709 John King sold 1 above and other property to Henry Mandy of Eastbourne, butcher, on whose death in 1746 it passed to his youngest son Henry, who sold 2 and 3 above to Henry Lushington in 1765 and 1767 and 1 above to Stephen Lushington in 1781 (103), when all three tenements were enfranchised (80).

Purchase from Sarah and John Bridger, June 1765

Messuage and garden (½ rod) adjoining the High Street in Eastbourne; copyhold of the manor of Eastbourne Parker, late Pettibone, quitrent 6s 0d (1722)

John Whant's death was presented in 1692 and the property inherited by his son Richard Whant, aged 6 (7). In 1722 Richard Whant of Eastbourne, yeoman, sold the property, which he occupied, to James Fowler of Eastbourne, saddler (3-6). In 1738, of Jevington, Fowler sold it to Samuel Bridger of Eastbourne, tailor (7-9). In 1765 Bridger's widow Sarah and son John Bridger sold the house, occupied by William Hart, to Henry Lushington, who was licensed to pull the house down and rebuild it (10-14).

Purchase from Rachel Keeys, October 1765

1 Messuage, barn and garden; copyhold of the manor of Eastbourne Gildredge, formerly Russell and Worge, quitrent 1s 8d (1727)

Messuage and 3 rods of land; copyhold of the manor of Eastbourne Gildredge, late Mabb, quitrent 2s 0d (1697)

In 1697 Francis Boniface surrendered 2 above to Samuel Strickland and his wife Sarah. In 1727 Sarah Strickland, spinster, granted her mother Sarah Strickland, widow, a life estate in 1 above, which she occupied and which had belonged to her husband Samuel. In 1730 Sarah Strickland, widow, her son-in-law Philip Bayley and his wife Sarah mortgaged both properties to Jane Frankwell of Eastbourne, who sold them in 1747 as mortgagee in possession to Martha Hyland of Lewes, widow; she mortgaged them to John Citizen of Westham, clerk, in 1749. In 1752 his executors were admitted and in 1757 sold to William Keeys of Eastbourne, innholder and his wife Rachel, to whom Sarah Bailey's son John Bailey released the equity of redemption. Rachel Keeys sold to Henry Lushington in 1765 (103).

Purchase for John Sheen, December 1765

1 Messuage and stable (formerly a smith's shop or forge) with 7 feet of land in breadth lying along the west side of the messuage, formerly divided from a close of John Payne, deceased (N: the tenement of John Holland; W: land of John Payne; S: tenement of Phyllis Mortimer, widow; E: High Street), occupied by John Mortimer and Obediah Dower (1688) [a freehold tenement of the manor of Eastbourne Nether Inn]

2 Piece of ground (150' x111') occupied by Thomas Smith (SW: the vicarage; SE: John Mortimer's house; NW: Thomas Smith's messuage; NE: 1 above) (1736)

In 1628 premises 1 above were sold by John Payne to John Horsey, who sold to Josias Glydd in 1633. His son John Glydd sold to John Fennell in 1658, and Fennell to Mary Hicks in 1660 (22).

John Holland bought 1 above from Mary's son Francis Hicks in 1674 and in 1676 bequeathed it to his son Nicholas Holland, on whose death as a child in 1677 they passed to his brother Humphrey Holland of Eastbourne, gent, who sold to George Thawyer of Eastbourne, butcher, in 1688 (15-18,22). In 1713 his son George Thawyer, citizen and linen-draper of London, sold to Elias Sinnock of Eastbourne, mercer; the property to the N was called The Royal Oak (19-22). In 1736 Sinnock's widow Katherine, together with her second husband Samuel Cant of Hastings, gent, and her son Samuel Sinnock of Hastings, gent, sold to John Sheen of Eastbourne (23-25). The same year John Sheene bought premises 2 above from Ann Adler of Eastbourne, widow of Henry Adler, bricklayer and their daughter Elizabeth Adler (26,27). John Sheen of Marylebone died in 1749 and bequeathed his Eastbourne property to his son John Sheen of Dublin, whose agent William Matthews of Cheapside, haberdasher, sold both properties to Stephen Lushington of Doctors Commons in 1765 (28-32).

Purchase from John and Elizabeth Clarke, née Greystock, May 1766, April 1773 1 7a late Read (414 on GIL/3/17/1), 4½ a; copyhold of the manor of Eastbourne Nether Inn, late Read and Crunden, quitrent 5s 2d; 1½ a late Scarlett, quitrent, 10d; 1½ a late Marten, quitrent 9d (1766)

2 Messuage, barn, garden and 2a; copyhold of the manor of Eastbourne Parker, late Herriott; 5a marsh in the common cowbrook late Scarlett; ½ a in Sparrow lane late Bennett, before Scarlett (1735); adds 2a in the common cowbrook, 11/4a arable in Sparrows Laine, 3r in Milbourne Gap, la near the parsonage windmill, 1¼a near Mr Gilbert's parks 3 Close enclosed with stone wall at the Borough, part of a tenement near the Crown Inn; copyhold of the manor of Eastbourne Wilson

In 1709 Thomas Worge, son of George Worge, sold 3 above to Richard Grestock of Eastbourne, gent, who surrendered 2 above to the use of his will in the same year (103)

In 1727 Richard Segrave and his wife Elizabeth, née Smith, and Humphrey son of the late Humphrey Holland of Eastbourne, yeoman, sold 1 above to Grestock (103).

On Grestock's death in 1733 all three holdings were inherited by his daughter Elizabeth, a minor, who married the Rev John Clarke of Twickenham in 1735 (103). The settlement, which includes Bean House and Jordens and a large estate in Hailsham, Great Collington and Broadrides in Bexhill and the rectory of Friston, describes the whole Eastbourne copyhold estate as a messuage and 14½ a (details). Elizabeth was given power to sell two houses in Eastbourne, but had to retain the house in which she herself lived (34).

Between 1740 and 1743 parts of the estate were mortgaged to Samuel Medley and Arthur Brook, to whom £724 14s 6d was owing in 1765. Brook filed a bill of foreclosure against the Clarkes (100). In 1766 Elizabeth and her husband, now described as of Hounslow, Middlesex, surrendered 1 and 2 above to Henry Lushington of Eastbourne, DD (35-38), who paid off Brooke's mortgage (100). In 1773 the Clarkes sold 3 above to Lushington (39,40).

It was later suggested that Lushington had no notice of the settlement, under the terms of which the vendors had no power to sell. For counsel's opinion and a release by Mr and Mrs Clarke's heirs, 1792, see 104 below.

On his purchase in 1792, Nicholas Gilbert annotated the copy settlement (34) with a note that Lushington's widow then lived in the former Grestock house.

Purchase from Thomas Smith, November 1766

Messuage (not long since erected) with part of a barn to lay fuel in, with the dressers, shelves and paper-hangings, (E: High Street; S: house of Elizabeth Ridgeway, widow, late Mary Smith, widow; W: ground belonging to the vicarage; N: house of John Mortimer), with the use of John Mortimer's close and gateway, occupied by Roger Mortimer, and Martha and Ann Hurst, spinsters (1734) [a freehold tenement of the manor of eastbourne Nether Inn] In February 1734 John Mortimer of Eastbourne, carpenter, eldest son of John Mortimer, carpenter, deceased, sold the house to John Brooke of Eastbourne, mercer, who mortgaged it to Jane Fowler of Eastbourne, spinster (41-44). A fine was levied on this property and Whitby House on or near the beach in St Mary under the Castle Hastings, occupied by John Ellams (Honeysett and Steevens to Taught) and a messuage in Battle (Apps to Birch, cutler) in July 1734 (45).

In 1736 Brooke mortgaged the property to George Elphick of Alfriston, gent who assigned to Brooke's widow Elizabeth in 1738 (46). She, with her son-in-law John Smith of Bexhill, riding officer and his wife Frances, mortgaged the premises to Mary Blackman of Hooe, widow in 1756 (47,48).

In 1759 the Smiths barred the dower on the property by a fine, which also included two messuages and a croft called Watts Croft (2½ a, bounds) in Wartling and Herstmonceux (West-Harman) and a fourth part of the manor and farm of Groveland in Twineham and other property (details) in Hurstpierpoint and Cuckfield. In the same year the Eastbourne property was sold to Thomas Smith of Guernsey, late of Eastbourne, Captain of Invalids (49-52), who sold to the Rev Henry Lushington in 1766 (53-55). Later in the year Walter Auger wrote to Dr Lushington from Wartling to inform him of the likely whereabouts of the indenture of fine of 1759 (56).

Enfranchisement of Eastbourne Parker tenements, 6 December 1766

In 1766 Samuel Durrant of Lewes, gent, enfranchised Lushington's copyholds of Eastbourne Parker, which he had bought in 1765 and 1766 (see 10-14, 39-40 above). The document is endorsed by Stephen Lushington with details of a sale of two acres in Cowbrook (see 39-40 above) to Mr Burtenshaw (57).

25 Purchase from Thomas Mortimer, 19 December 1766

1 Rod of freehold land (W: vicarage land; E: road; N: barn and close of Robert Payne; S: tenement, close and barn of John Boult, clerk) (1659)

2 Barn and close (E: the street; W: vicarage land; N: tenement of Mary Hicks, widow, lands of James Payne and Robert Payne; S: lands bought by John Mortimer from Robert Payne) (1664)

In 1659 Robert Payne of Eastbourne, husbandman, sold premises 1 above to John Mortimer of Eastbourne, carpenter, (58) and 2 above in 1664 (59).

For the sale of a house built by Mortimer on 1 above in 1718, see 93 below.

In 1736 a John Mortimer of Eastbourne, carpenter, mortgaged [2 above], on which a house had been built, to William Stuart of Eastbourne, gent. In 1740 John Mortimer sold the house to his eldest son Thomas Mortimer of Eastbourne, gent, who sold to Henry Lushington in 1766 (60-65).

Grant of pews in Eastbourne Church, Feb 1767

In 1767 the Rev Henry Lushington obtained a faculty to construct a pew for his newly-built capital messuage, and to appropriate the pew belonging to the messuage late Clarke, once Greystock and before Worge which he had recently purchased [in 1766 and 1773: see 39, 40 above] (66).

Purchase from Thomas Hurst, March 1767

messuage in two dwellings with a shop, barn, privy house, garden, close, ricksteddle place and piece of ground between the barn and fence wall belonging to the field on the S; copyhold of the manor of Eastbourne Gildredge, part of a tenement late Jenner, before Fennel (1767). In 1693 John Tompsett settled a messuage, barn and 14 acres on his future wife Ann Young and their heirs. Their deaths were presented in 1704 and their youngest daughter Ann admitted in 1710. She married Thomas Jenner and in 1757 her brother John Tompsett of Newick, cordwainer, was admitted on her death. In 1760 he sold to Thomas Hurst who sold off the house and a small piece of land to Henry Lushington in 1767 (103).

For the sale of the retained property to the Gilbert estate in 1813, see GIL/1/54 below. Purchase from Henry Townsett, August 1769

5a called Yielding Lands, 6a in the Shelf and 2a of fresh marsh called Horseye with pasture for 50 sheep on Eastbourne tenant down; copyhold of the manor of Eastbourne Gildredge (1729)

In 1729 John Wright sold this and other property to Richard Adams the younger who sold to Jane Townsett, widow, in 1744. In 1752 her son Henry Townsett of Eastbourne, victualler, was admitted (103) and in 1754 mortgaged this property to Elizabeth Crowhurst of Eastbourne, widow, (67-69) and to Nicholas Stone of Lewes, gent, in 1757 (70).

In 1764 Townsett mortgaged the property (together with a messuage, barn, stable and garden late John Collier, formerly Bennett [?The Lamb Inn]) to Charles Smith Mortimer (71, 72). In 1769 Henry Townsett sold to Henry Lushington (73).

Marriage of Dr Henry Lushington and Mary, daughter of Nicholas Gilbert January 1778 1 Messuages and land (specified) called Latton Priory occupied by John Dowsett, Herments near Thornwood Common and Blinkensopps occupied by Jeremiah Perminter and Nettswell Fields occupied by John Mills near Ryehill in Latton and Nettswell, Essex, purchased by HL from William Altham, esq

2 Premises as GIL/1/25/7-14 and 39, 40.

The property above were settled as jointure; Mary Gilbert's fortune consisted of a bond in £3000 by George Medley of Buxted Place, esq, of 1775 (74-75).

Inheritance by Stephen Lushington, March 1779

On 2 and 3 March 1779 Stephen Lushington was admitted to the remaining copyhold portions of the Eastbourne estate on the death of his father Henry, the Crown Inn being now described as 'a new erected messuage' (76-78).

Exchange of land with Nicholas Gilbert, 1781

In March 1781 Stephen Lushington and Nicholas Gilbert contracted to make an exchange of lands, with provision for the enfranchisement of those lands held by Lushington of Gilbert's manor of Eastbourne Gildredge.

The transaction was carried out in two phases. For papers relating to it, including a copy of the agreement, valuations, measurements and correspondence, see GIL/3/2.

On 26 and 27 March 1781 Nicholas Gilbert enfranchised Lushington's copyhold tenement called Dunstalls, held of his manor of Eastbourne Gildredge (79, 80). Parts of the property had been purchased from Henry Mandy by Henry Lushington in 1765 and 1767 and the remainder, the house itself, from Mandy the day before the enfranchisement (103).

On 28 and 29 March 1781 Gilbert sold to Lushington:

2a 3r in Borough Lane (W: Thomas Worge's Borough Field; E: lands of Nicholas Gilbert; S: the road to Bourne Place; N: Lushington's land late Mandy's), a freehold tenement of the manor of Eastbourne Nether Inn

which had formed part of the estate settled on Gilbert's marriage with Catherine Barton in 1775 (81-83).

On 18 and 19 September 1781 September 1781 Nicholas Gilbert enfranchised Lushington's remaining four copyhold tenements held of his manor of Eastbourne Gildredge (84, 85). Two had been purchased from Rachel Keeys in 1765, one from Thomas Hurst in 1767 (103) and the last from Henry Townsett in 1769 (73).

On 21 and 22 September 1781 Gilbert sold to Lushington:

1 1a 3r 18p in the common laines (E: land occupied by St John Russel; W: land occupied by Charles Smith Mortimer; N: land occupied by Messrs Auger and Rason; S: land occupied by George Ballard)

2 3r 33p in the common laines

3 1a 2r 2p in Sparrow Laine (N: road to the mills; S: land of William Bignall; W: land occupied by St John Russell; E: land of Stephen Lushington)

4 2r 14p in Sparrow Laine (N; road to the mills; S: land occupied by Edward Auger; E: land occupied by William Bignall; W: land occupied by Stephen Lushington)

which had formed part of the estate settled on Gilbert's marriage with Catherine Barton in 1775 (86-88).

Lushington also received a copyhold tenement of Eastbourne Nether Inn consisting of two acres of land in Green Street. In 1699 John Marten had mortgaged the land to Thomas Hole of Eastbourne, husbandman who was admitted in 1707 in default of payment and died in 1728. In 1735 Marten's heir Mary, wife of William Hatt, was admitted; in 1756 she sold to William Keeys of Eastbourne, publican, and his wife Rachel, on whose death in 1780 William's brother Thomas was admitted. In 1781 he sold to Nicholas Gilbert who surrendered this to Stephen Lushington as part of the exchange (89, 90).

Enfranchisement of Eastbourne Wilson tenements, February 1782

In February 1782 Elizabeth Compton enfranchised two copyhold tenemnts held by Stephen Lushington of her manor of Eastbourne Wilson, which now formed the site of his newly-built house (91, 92). The former Crown Inn had been purchased from John Stretton 1765 and an adjoining close, annotated by Lushington as 'laid below the sunk fence', from Elizabeth Clarke in 1773.

Purchase from John Ridgway, September 1785

Messuage and garden (6r) in Eastbourne (E: High Street; W: ground belonging to the vicarage; S: close belonging to Francis Langstaff; N: close and fence of John Mortimer) In 1718 John Mortimer of Eastbourne, carpenter sold the premises [for the earlier title to which see 58-65 above] to his sister-in-law Mary Smith of Eastbourne, widow (93). By her will of 1724 she bequeathed it to her daughter Elizabeth Ridgway, widow, with remainder to her grandson Henry Ridgway (94). By his will of 1745, as of Eastbourne, painter, Henry Ridgway left the reversion on the death of his mother, now Elizabeth Stretton, to his sister Mary Ridgway, with remainder to their brother John (95). John Ridgway of Eastbourne, yeoman, had inherited the property by 1785 when he sold it to Stephen Lushington (96).

In 1791 the building was described as lately called the Assembly House (97).

Sale from Stephen Lushington to Charles Gilbert, October 1792

On 25 July 1791 Sir Stephen Lushington of Harley Street contracted to sell his estate to Charles Gilbert of Lewes, gent, for £4200 (97).

The sale consisted of the mansion house with household goods, linen and furniture, brewing utensils and all other goods and effects in the house except the plate, pictures and beer and a few bottles of rum, orange shrub arrack and brandy; two messuages in the occupation of Thomas Cox and John Puttock, a third lately called the Assembly House in the occupation of [blank] Stretton, spinster, a barn and close in the occupation of Thomas Fuller, a piece of marsh (7a) in the occupation of Henry Carter and the reversion, on the death of Mary Lushington, of a messuage, stable and buildings in her occupation (97).

Copies were provided of the will of the Rev Henry Lushington, proved in 1779, and of extracts from the marriage settlement of his son Sir Stephen Lushington and Dame Hester Boldero, eldest daughter of John Boldero of Walthamstow in Essex, esq (98, 99).

Objections were raised to the title to part of the estate purchased from the Rev John Clarke and his wife Elizabeth in 1766 and 1773 (see 35-40 above) in contravention of the terms of their marriage settlement, of which Lushington claimed not to have notice. Part of the land formed the lawn of the mansion-house and the Clarkes' children claimed the estate, stating that the attorney who acted for Lushington in 1773 had also acted for the Clarkes and was aware of the settlement. The doubts were sufficient for Charles Gilbert, perhaps tactically, to express reluctance to proceed with the purchase. John Mitford of Lincoln's Inn accepted the title in his opinion of 28 December 1791, but John Holliday of the same inn, giving an opinion on the whole title in February 1792, thought the allegation, if proved, would convince a court of equity that Dr Lushington was a purchaser with notice. On 24 March John and Elizabeth Clarke's five children released their claim to Lushington for £100 (101-104).

The conveyance, executed on 19 and 20 October 1792, relates the then layout of the house and grounds to the component elements of the title (105, 106). Part of the estate was copyhold of the manor of Eastbourne Nether Inn and part was leased from the lords of the waste of Eastbourne manor. On 27 October Sir Stephen Lushington indemnified Gilbert against an annuity granted in his father's will to Ann Sympson (then the wife of William Noakes of Eastbourne, saddler) and against an undischarged mortgage term. On the same day he gave Gilbert a receipt for £200 paid for the contents of the house (107-110).

In 1899 and 1911 the Rev F W Goodwyn and the Rev D C Streatfeild sought permission to continue using part of the north chancel as a choir vestry. Both letters are annotated 'to go with deeds ... to the Manor House' (111-115).