Justinian ALSTON 
- Born: 1780
- Christened: 19 Oct 1780, Wootton by Bedford BDF
- Marriage (1): Mary KERR  on 20 Jun 1816 in St Sepulchre Northampton
- Died: 11 Jan 1848, Schorndorf Winterbach nr Stuttgart Germany aged 68
Baptism Date:19 Oct 1780
Baptism Place:Wootton By Bedford,Bedford,England
FHL Film Number:845461
ALSTON Justinian, s. Thomas, of Wotton, Beds., arm. Brasenose, matric. 11 Dec 1798, aged 18; B.A. 1802.
Oxoniensis 1715-1886. NZSOG.
1798 Alston Justinian (Beds) Com. b. c. arm., matric 11 Dec 1798 aged 18 BA 16 Jun 1802. Name removed 23 Jan 1807.
(b = entered in buttery book. c = paid caution money)
Brasenose College Register 1509-1909 NZSOG
GENERAL COURTS MARTIAL
MAJOR P. MONOUX, CAPT. R. GARSTIN, CAPT. J. ALSTON, CAPT. C. H. SMITH, CAPTAIN C. MADDISON, AND LIEUT. J. ARMSTRONG. 1804.
Horse Guards, 5th Dec. 1804.
The following copy of a Letter from the Judge Advocate General, with the several inclosures to which it refers, are to be read at the head of every regiment, and entered in the regimental orderly books.
By order of H. R. H. the Commander in Chief.
HARRY CALVERT, Adj. Gen.
Judge Advocate's Office,
29th Nov. 1804.
SIR, I have had the honour of laying before the King the proceedings of a General Court Martial, holden at Exeter, on the 13th of August last, and continued by adjournments till the 6th of this instant November, for the trial of Major Philip Monoux, Captain Robert Garstin, Captain Justinian Alston, Captain Charles Hervey Smith, Captain Charles Maddison, and Lieutenant John Armstrong, all of the Bedfordshire Regiment of Militia, upon sundry charges preferred against them respectively by Colonel Francis Moore, commanding the said regiment, which charges, together with the Opinion and Sentence of the Court Martial, are stated in the transcript hereunto annexed.
His Majesty noticed with surprise the uncommon bulk of the minutes, and expressed much concern, at its appearing upon an inspection thereof, that the extreme protraction of the trial has in great measure been occasioned by the contentions and hostile disposition of the parties towards each other, which manifested itself almost throughout the proceeding in a degree very disgraceful to both; and I have it in command to acquaint your Royal Highness, that His Majesty, upon a comprehensive view of the whole business, has determined, as a measure essentially necessary for the upholding of discipline, good order, and harmony in the corps, that, as well the prosecutor as the several defendants, Major Monoux, Captains Garstin, Alston, Smith, Maddison, and Lieutenant Armstrong, be displaced from their respective situations, as Officers of the Bedfordshire Regiment of Militia, and was pleased to say that he would give direction through one of his Secretaries of State to the Lord Lieutenant of the County on that head.
I have, &c.
H. R. H. the Duke of York, etc. etc. etc.
CHARGES Preferred against Major Philip Monoux, Captain Robert Garstin, Captain Justinian Alston, Captain Charles Hervey Smith, Captain Charles Maddison, and Lieutenant John Armstrong, of the Bedfordshire Regiment of Militia, at a General Court Martial, holden at Exeter on the 13th of August, 1804, and continued by adjournments until the 6th of November following, together with the Opinion, and Sentence, of the Court Martial.
That the said Major Philip Monoux, Captain Robert Garstin, Captain Justinian Alston, Captain Charles Hervey Smith, Captain Charles Maddison, and Lieutenant John Armstrong, have, within these last eight months, combined and confederated together, to prejudice and traduce their Colonel in the eyes of the Officers and soldiers of the registrar, invarious ways; and particularly by convening, and holding meetings or committees in an overt, unauthorized and unlawful manner; to which they have summoned Serjeant Byway, Serjeant Furnival, Corporal Nott, Corporal Newman, Serjeant Bluvitt, John Burns, of the Light Company, Serjeant Warner, Serjeant Warden, Serjeant Walton, George Robins, John Chapman, William Dawson, John Simmons, John Chance, and several other Non-commissioned Officers and privates of the said regiment, to the number of twenty at a time and upwards, at Major Monoux's lodgings in College Green, on or about 31st March last, April 19th, May 7th, 10th, and 17th, 1804, examining them with respect to their clothing, and other dues, taking down notes, and using very indecent language to many of the Non-commissioned Officers and private men, who attended and stated they had no grievances, evidently tending to insubordination, by making the soldiers dissatisfied and discontented, to the prejudice of His Majesty's service and of the honour and reputation of the Colonel and his regiment.
And for propagating, in the Garrison of Bristol, scandalous and ill-founded reports, particularly in the months of March, April, and May last, by stating to Captain Affieck of the Rutland Militia, and others, on or about the latter end of March last, that certain monies for small beer, clothing, and other rights, were due to some area of the Bedfordshire Regiment, and unjustly withheld from them, to the prejudice of and injurious to the character and reputation of their Colonel.
That the said Major Philip Monoux, Captain Robert Garstin, Captain Justinian Alston, Captain Charles Hervey Smith, and Captain Charles Maddison, did on the 24th day of April, 1804, or thereabouts, sign a letter or paper containing a statement of imaginary grievances, exaggerated, erroneous, and unfounded ; which paper was sent open and unsealed to their Colonel, and brought to him by a common servant, accompanied with a direction, that their said Colonel should hand it up to the General; which paper was written without the privity, knowledge, or consent of the Non-commissioned Officers mentioned therein, (the supposed objects of such grievances,) in disobedience of their Colonel's Orders, and contrary to the course prescribed by the 1st article of the 12th Section of the Articles of War.
Captain Alston was found not guilty to a further 8 charges.
OPINION and SENTENCE. The Court, having duly and maturely deliberated on the evidence adduced in support of the different charges, and the defence established by the prisoners, is of opinion in regard to the
That the combination and confederacy charged against the prisoners consisted in their uniting to prefer charges against Colonel Moore, which they sent to General Tarleton, and that the meetings, charged to be held by them were not illegal and unauthorized, as they were at first summoned by Major Monoux, the then commanding Officer, and afterwards with the permission and authority of Lieutenant Colonel Gilpin, the Officer then in command of the regiment, to assemble and summon men of the Bedford Militia, for the purpose of preparing evidence to substantiate charges against Colonel Moore, and the notes taken at such meetings appear to be minutes of each man's name intended to be called on each charge, and that it further appears the men were examined separately.
The Court therefore acquit the prisoners of this part of the Charge.
It appears, however, that among others, some men who had made no complaint were examined at such meetings, and among other things, respecting claims which they were told were due to them, viz. a second compensation for clothing, on the peace establishment, which the prisoners have not proved to have been due, and which conduct, of course, had a tendency to excite discontent in the regiment.
They, therefore, are of opinion, that these parts of the Charge are proved.
But they feel it their duty to state, that the motives of such examinations appear to have been to ascertain whether such monies and compensations had, or had not been received, which they charged Colonel Moore with withholding, as they had been informed by Captain Trelawney, the battalion clerk, that it was his opinion the small beer money was due, and that he had money in his hands which he would apply to that purpose, if duly authorised, and that the noncommissioned officers on the peace establishment did not receive their clothing till they were again embodied. . . . . .
They acquit all the prisoners of using indecorous language at such meetings, excepting Major Monoux, whom they find Guilty of using such language . . . . .
The first, second and third charges, being the only charges against Captains Garstin and Alston on which they are found Guilty, and the Court having taken into consideration the peculiar circumstances noticed in extenuation of these charges, and that the degree of criminality in some measure rests on the result of the charges they preferred against Colonel Moore, and the long and unblemished services of Captain Garstin, only adjudge Captain Garstin shall be admonished, that no circumstances can justify language tending to lessen the character of his Commanding Officer; and that Captain Alston having used words disrespectful of Colonel Moore, on the Officers' Parade, shall be publicly reprimanded.
In regard to the third charge, . . . . .
They acquit Major Monoux, Captains Garstin, Alston, . . . . .
The Court also acquit the prisoners of any wilful misrepresentation respecting the charge, that the clothing would not be finished in eight months . . . . .
The Court do, therefore, upon a full consideration, adjudge that Major Philip Monoux be displaced from his situation in the Bedfordshire Militia. . . . . .
That Captain Justinian Alston be publicly reprimanded, in such manner as His Majesty shall be pleased to direct . . . . .
I have, etc.
Ref: Collection by Charles James 1820. https://archive.org/details/cu31924030743797/page/n195
1825 Justinian was an overseer for Pavenham.
In 1827 Justinian offered a reward for information concerning the theft of some eels from a fish trunk in the river below Odell Rectory
Ref Bedfordshire Magazine Vol 2 Pg 145 Bed RO.
Ann Alston in correspondence with Louis de Lassence 2019
"in 2005 I was in touch with a parishioner of Odell in Bedfordshire who had worked on their Millenium book. She told me and I quote:"By the time Justinian the family had fallen on bad times. The daughter of the Rev. Hunt at Odell had written that the villagers lived in wretched hovels and were victims of an absentee land lord." […] However what she said could be the reason for leaving England. What caused the hard times is everybody's guess - extravagant leaving, unwise investments, gambling debts or just bad management? In the late 19th C. both Alston properties, Odell Castle and Harrold Hall were let to tenants. […] Mary's brother […] Crewe (1828-1901) lived at Harrold Hall near Odell in Bedfordshire. He was High Sheriff in 1862 but was bankrupted on 5th May 1885 (London Gazette) when he was living at 7 Brunswick Terrace, Kensington, London."
Justinian and his family moved to Mannheim c1839 and lived in a street opposite the Cleeman-Lassences who had arrived about the same time.
Beds. 1848 Jany. 11th aet. 97 Justinian Alston of Odell Castle.
Philip Boys comments to Lous de Lassence on the document below - 2019
From what I could understand on March 1 and 2, 1839 a trust was set up for the benefit of the children of Justinian Alston Sr. and his wife Mary Alston with, as you say, a mortgage of their property real estate for a value of £10,000. The duration of 1200 years was simply it seems to me to avoid a law against "perpetuities", if you did not impose a limit in the time of the trust the disposition might be null. The trust has been subject to a number of trustee changes (normal over the years). April 3, 1840 it says that John Kerr, George Baker and Charles Baker managed to borrow £ 10,000 with mortgage on other property only those referred to in the 1 and 2 March 1839 Trust. Also mention is made of another loan of £1260 @ 4% with a mortgage on a long list of properties on page 2. It's not clear why.
(i) John James Kerr of Harwich [Essex], lieutenant in Royal Navy; George Leeke Baker of Lincolns Inn Fields [Middlesex], esquire; Charles Baker of Lincolns Inn Fields, esquire;
(ii) William Assheton of Downham Hall [Lancashire], esquire;
(iii) George Dyer of Hornsey [Middlesex], esquire
Lease and release and settlement of 1 & 2 Mar 1839 between
(1) Justinian Alston the younger of Trinity Hall, Cambridge University, esquire;
(2) Justinian Alston the elder of Odell Castle, esquire;
(3) Mary Alston, wife of Justinian Alston the elder;
(4) Charles Baker;
(5) Henry Frederic Alston, John James Kerr and George Leeke Baker;
(6) Rowland Alston and Henry Barne Sawbridge, esquires in which below were conveyed to
(5) (subject to a term of 1,200 years created by settlement of 18 Jun 1816 for raising 10,000 for the children of (2) and (3)) to use of powers of leasing etc. created by settlement of 18 Jun 1816 continue during the life of (2); to use of (5) for 99 years or until the
death of (2); to use of (2) during the life of (2); to use of (5) upon trust with powers of mortgage and sale to raise 16,760 and a further sum of up to 500 for repair of Odell Mill;
Appointment, grant and assignment of 10 Sep 1839 between
(1) Justinian Alston the elder and Mary his wife and Justinian Alston the younger;
(2) Henry Frederic Alston, John James Kerr and George Leeke Baker;
(3) George Biggs of Lincolns Inn Fields, gentleman;
(4) John James Kerr, George Leeke Baker and Charles Baker in which (1) replaced (2) as trustees with (4), assigning the premises to (3) for the remainder of the term of 99 years, which (3) then assigned to (4);
Assignment of 11 Sep 1839 from George Biggs to John James Kerr, George Leeke Baker and Charles Baker;
Deed poll of 3 Apr 1840 of John James Kerr, George Leeke Baker and Charles Baker, reciting that they were about to borrow sums to fulfill the conditions in the identure of 2 Mar 1839 against the security of the Odell Castle Estate and witnessing that they raised 10,000 secured on:
(A) manor of Great Woodhall and Little Woodhall otherwise Woodhill, otherwise Odyl otherwise Odley otherwise Odell,
except for the advowsan of Odell;
(B) Odell Castle, formerly occupied by Sir Rowland Alston, now Lady Elizabeth Percival with demesne formerly occupied by Sir Rowland Alston, then Thomas Alston, then Justinian Alston the elder;
(C) messuages and farms formerly occupied by Robert Garstin etc. and now William Kendall, Thomas Wills, George Kendall, John Robinson, Thomas Cumberland, Thomas Swannell's representatives, Thomas Witmee, Hensman Mole and others;
(D) farms etc. in Felmersham and Chellington formerly occupied by Richard Willis and Thomas Swannell, now the representatives of Thomas Swannell, now the representatives of Thomas Swannell and Joseph Payne;
Indenture of 2 Apr 1840 between (1) Rowland Alston; (2) Sir William Pilkington of Chevit Hall [Yorkshire], baronet and
Dame Mary Milborne Swinnerton Pilkington his wife (3) William Adams of Thorpe [Surrey], esquire; (4) Francis Green, esquire; (5) George Biggs; (6) John James Kerr, George Leeke Baker and Charles Baker; (7) George Dyer in which Odell Castle Estate was assigned to (7) in trust for (6) subject to equity of redemption on repayment on sums of £4,000, £4,000 and £1,000 in indenture of 7 Jun 1820 recited in X284/8/1/8 for remainder of terms of 100 years, 200 years, 120 years, 150 years, 160 years, 161 years, 200 years and 220 years;
Remainder of term of 100 years recited immediately above to be vested in (iii) in trust to further secure the loan of £1,260
(ii) lent 1,260 at 4% interest to (i) on security of (a)-(u) below and (iii) stood possessed of remainder of term of 100
years created in indenture of 7 Jun 1820 in trust for (ii)
Rogers Farm, comprising (a)-(u) below for a total of 173 acres, 2 roods, 2 perches, in occupation of Samuel Rogers:
(a) farm house in Carlton with barns, offices and outbuildings of 1r 25p;
(b) Bayden Slade in Carlton of 5a 1r 23p;
(c) Main Piece in carlton of 30a 3r 24p;
(d) Bayden Piece in Carlton of 22a 1r 16p;
(e) Mortar Pit Piece in Carlton of 17a 2r 19p;
(f) Cottons Hill in Carlton of 9a 0r 28p;
(g) Rayners Close in Carlton of 16a 1r 5p;
(h) Killingsworth in Carlton of 4a 0r 13p;
(i) Goddards in Carlton 5a 1r 8p;
(j) Behind Allens in carlton of 3a 1r 38p;
(k) Simons Close [etc?] in Carlton of 4a 0r 32p;
(l) Simons in Carlton of 2a 2r 1p;
(m) Goddards Piece in Carlton of 9a 2r 17p;
(n) Nichols Close [?] in Carlton of 1a 1r 22p;
(o) Meeting Piece in Carlton of 19a 1r 10p;
(p) Gravel Pit Piece in Carlton of 2r 34p;
(q) tenement and close in Carlton of 1a 0r 13p;
(r) homestead and 2 closes in Carlton of 6a 3r 17p;
(s) Bellams in Carlton of 3a 0r 25p;
(t) Baden Close in Turvey of 3a 3r 6p;
(u) Balls Corner in Turvey of 5a 3r 23p
George Biggs, clerk to Baker & Co., Lincolns Inn Fields;
further advance of £500 on 30 Sep 1840;
further advance of £660 on 19 Jan 1841, witnessed by Francis James of 52 Lincolns Inn Fields, solicitor
Persons mentioned: Alston, Mary ,Alston, Henry Frederic ,Alston, Rowland ,Sawbridge, Henry Barne ,Biggs, George ,Percival, Elizabeth Alston, Thomas ,Garstin, Robert ,Kendall, William ,Wills, Thomas ,Kendall, George ,Robinson, John ,Cumberland, Thomas Swannell, Thomas ,Witmee, Thomas ,Mole, Hensman ,Willis, Richard ,Payne, Joseph ,Pilkington, William ,Pilkington, Mary Milborne Swinnerton ,Adams, William ,Green, Francis ,Rogers, Samuel ,James, Francis
Keywords: naval personnel , specific solicitors , solicitors' clerks ,University , MILLS , family settlements , references in title deeds , Rogers Farm , farms , lime , gravel , CARLTON ,TURVEY , Carlton fields , Turvey fields , ODELL ,CHELLINGTON , FELMERSHAM
Date 8 Aug 1840
Bedfordshire Archives Service Catalogue | Details bedsarchivescat.bedford.gov.uk/Details/archive/110150392 3/3
Deeds received from Farrer & Co of London, solicitors
Searched by Louis de Lassence 2019
1. Justinian Alston: Oath re property ownership to qualify a a Justice of the Peace.
Justinian swears he is vested in lands in Bedfordshire to enable him to qualify for appointment as a Justice of the Peace.
Bedford RO QSR/23/1817/444
I Justinian Alston Esq to swear that I truly and bone fide have such an Estate in Law or Equity to and for my own use and benefit consisting of Messuage Lands Tenements and Hereditaments as doth qualify me to act as a Justice of the Peace for the County of Bedford according to the true intent and meaning of an Act of Parliament made in the eighteenth year of the reign of our Majesty King George II entitled An Act to render more effectual an Act passed in the fifth year of his present Majesty's reign entitled An Act for the further qualification of Justices of the Peace. And that the same is lying or being within the Parishs of Odell and Pavenham in the County of Bedford. Subject to the estate for life therein of Thomas Alston Esq.
So help me God
In open Court at the General Session of the peace holden town of Bedford in and for the City of Bedford on Wednesday the . . . . . of January one thousand eight hundred and . . . . and from thence . . . . . to Monday . . . . . Day of March in the year . . . . .
2. Justinian Alston & Family: Arrival in Mannheim Germany, 24 Apr 1839, Mannheim Germany.
Questionnaire rempli par les Alston a leur arrivee a Mannheim le 24 avril 1839
LA DIRECTION DE LA POLICE DE MANNHEIM
invite chaque etranger, voulant demeurer ici pour quelque temps , a ecrire de sa propre main sur cette feuilie:
1) Son nom de famille et de bapteme:
Qualite ou profession ;
2) Nom de famille et de bapteme, et lieu natal de ses parens, qui sont avec lui ;
Mary Alston, Miss Isabella Alston, Miss Mary Elizabeth Alston
3) Nom de famille et de bapteme des domestiques, qu'il a amenes ici
Joseph Henry Dallow
4) S'il vivra de ses rentes, ou par quelle occupation it pense gagner de quoi vivre;
5) Son logement, c'est a dire le nom de son loueur ; lettre et numero du carre et numero a la maison ou il demeure;
Lit No 6 No 4
6) Le jour de son arrivde;
24 Avril 1839
7) La duree probable de son sejour dans cette ville ;
NB. I1 faut ajouter a cette feuille le passeport ou des pareils documents de I'etranger et de sa famille, aussi bien que ceux de tous ses domestiques , amenes ici.
Ce pourrait etre l'ecriture de Justinian Alston, le pore de Mary. Le choix d'un formulaire en francais suggere qu'il ne parlait pas l'allemand.
Questionnaire completed by the Alstons on their arrival at Mannheim on 24 April 1839
THE DIRECTION OF THE POLICE OF MANNHEIM
Invites each foreigner wanting to remain here for some time, to write with his own hand on this leaf:
1) His surname and baptism name
Quality or profession;
Place of birth
2) Family name and baptism, and birthplace of his parents, who go with him;
Mary Alston, Miss Isabella Alston, Miss Mary Elizabeth Alston
3) Household and baptismal name of the servants,
Joseph Henry Dallow
4) If he will live on his rents, or by what occupation he can earn living;
5) His lodging, that is to say the name of his renter; letter and number of square and number at the house where he lives;
Lit N 6 No 24
6) The day of his arrival;
24 April 1839
7) The probable duration of his stay in that city;
NB. To this sheet must be added the passport or similar documents of the foreigner and his family, as well as those of all his servants, brought here.
Louis de Lassence suggest the writing is that of Justinian Alston snr, and the choice of a form in French suggests that he does not speak German.
Justinian married Mary KERR  [MRIN: 1391], daughter of Gen. John Manners KERR  and Isabella ERRINGTON , on 20 Jun 1816 in St Sepulchre Northampton. (Mary KERR  was born on 2 Jun 1793 in Barbadoes WI and died on 16 May 1845 in Schorndorf Winterbach nr Stuttgart Germany.)