Chancery Mary Wrixon v Richard Wrixon Lands in Yetminster, Dorset. 1670

[tnorbury]

I had such amazing help with a transcription yesterday that I wanted to see if anyone wants to have a look over this document to verify the transcription.  This is photographed as three pages from the Chancery Roll.

Any comments appreciated.

Thank you

Trudy

1670    10 May    Regnal Year 21 Chares II
Mary Wrixon v Richard Wrixon    Income from lands in Yetminster, Dorset. Roll/Case Number C78/700, no. 12 [43]

Wrixon vs Wrixon

Whereas  before this tyme that is to say in the Tyme of Saint Michaell in the yeare of my our Lord one thousand six hundred sixty and seaven Mary Wrixon Administrator of the goods and Chattles of Christopher Wrixon her late husband deceased complaint exhibited her bill of complaint unto this high and honble [honourable]  court of Chancery against Richard Wrixon Defendant Declareing thereby that the said Christoper Wrixon about foure yeares since did in consideration of twenty pounds to him in hand paid and twelve pounds per annum to be paid unto him for his life and after his death to the complainant for her life and after both their deaths then the sume of two hundred pound to the Executors or Adminstrators of the survivor of them surrenders a customary Tenement lying in Yetminster in the County of Dorsett to one Gyles Symme and that upon the surrender thereof he the said Symme got her good security for payment of the said twelve pound per annum and the said two hundred pound after both their decease to him the said Christoper Wrixon and that the said Christoper Wrixon about September one thousand six hundred sixty and foure dyed intestate after whose death the said complainant was minded to take out letters of Adminstration of the goods Chattles of her said husband but the Defendant being her husband brothers sonne did imediately after the death of him repaye [repare meaning go to] to the complainant and informed her that it would be a great deale of trouble for her to goe to the Court for granting of letters of Adminstation being remotte from her att Blandford in the said County of Dorsett she being very weake & aged and therefore pressed her to write him a letter of attorney to impower him to take letters of Administration and he would take them in her name and for her use and there upon being soe persuaded by the said defendant she said complainant consented soe to doe where upon the said defendant he went presently to one Mr Plunchett an Attorney and gave him direction to make a renunciation insteade of a ltr [letter] of Attorney by which the Court Soe decided to grant letters of Administration to him which said Wrixons the said Defendant brought unto the said of complainant and required her to settle the same telling her it was a letter of attorney and that all that he did should be for her good which the said of complainant believeing she there upon settled the same without ever reading thereof or having it reade unto her.  And that there upon he the said defendant sent unto the said Court for granting letter of Administration and presented Administration of the goods and Chattles of him the said Christoper Wrixon deceased to be granted to him in his owne name and then seized on all the bond and estate of the husband of her the said complainant of the value of foure hundred pound and imployed it to his owne use and presently after repayed againe to her the said of complainant and persuaded her to discharge the security that her said husband has for the said twelve pound per annual and the said two hundred pound to be paid to the Executors of Administrations of her the said complainant and to take other security in his name which the said defendant

[tnorbury]

Part Two

pervaded with her to soe And the said complainant further shewed that the said defendant having soe wronght upton her and got the power unto his owne hand hath ever since received the said twelve pound per annum being three yeares and refused to pay the same to her the said complainant or any pte [pte = parce] thereof and giveth out that the said twelve pound per annual is his and the two hundred pound after to the end therefore that the said defendant might be compelled to pay unto the said complainant the arrears of the said annuity of twelve pound per annual and to an attempt for the plantiff estate of the said Christopher Wrixon that he possed him selfe of and pity the same to the said complainant and assigne over to her the securities he hath taken in his owne name of to his use this relinquish the letters of Administration soe by false obteyned [obtained] as aforesaid she the said complainant prayed the aide and assistance of this honorable court and that presence of Spirit might be awarded against the said defendant to appeare and answere the said bill which presence being granted and the said defendant therewithass served he appeared accordingly and made the answere to the said complainant bill to which answere she the said complainant replyed and the partys being at full and perfect issue diverse witnesses were examined in the said cause and they depositions duly published according to the ordinary and usual rules of this court as by the said bill answere replycation [replication] and depositions of witnesses at remayneing [remaining] of record in the honble [honourable] court doth and may more at large appeare and the cause thus standing ready prepared for heareing a day was afterward appoynted by this court for heareing thereof on which day being the tenth day of may instant upon the debatteing of the matter in question between the said partys in the presence of the councel rearmed on both sides the scope of the said complainant bill being to compel the defense to assign over the securities he tooke in his owne name for the said twelve pounds annum and the two hundred pound and to redeliver to the said complainant the goods and chattels of the said Christopher Wrixon he posses himselfe of by virtue of the said letters of Administration and relinquish the same as is before recited But the defendant councel insisted that the defendant by answere denyed that there was ever any discourse between him and the complainant about any letter of attorney to be made to sue forth letters of Administration in her name in trust for her and that she declared to Mr Pluncknett who advised her one forth letters of Administration that she was weake and should not meddle therewith for she derived use benefit thereby but what benefit could be made should redownd to the said defendant and that she renounced the Administration and the rumination reade to her before the settleing thereof and denied any security was given for the said twelve pounds per annum and the said two hundred pounds but onely a premise to that purpose but confessed that since the letters of Administration to him granted he had security from Symmes and others and that all the complainant request he did abate forty shillings per annum of the twelve pound a yeare and demed he was to receive the said twelve pounds per annum in trust for the said complainant dureing her life but that by agreement and according to his premise he was to take care for the said complainant maintenance if she needed any during their joynt lives this court never the lesse upon hearing the proofes reade in the cause and what could be alleadged [alleged] on either sides was satiffyed that the defendant ought to pay unto the said complainant the said ten pounds per annum dureing her life with the arrears thereof late is therefore this present day that is to say on Monday the said tenth day of may in the one and twentieth year of our sovereign lord Charles the second by the grace of God of England Scotland France and Ireland kinge defender of the faith  &c by the right honourable Sir Orlando Bridgman knight and baronet lord keeper of the greate seale of England and by the authority of the high and honorable court of Chancery ordered administered and agreed that the said defendant soe pay unto the said complainant ten pounds per annum halfe yearly dureing the life of the said complainant and also to attempt for soe much  of the arrears thereof as he hathe received since his entry upon the premises to be computed and cast up by  Sir William Childe knight one of the misters of the court and permit the court to receive only rent as remains in the hand of William Owish tenant in possession of the premises and said minister as to appoint a tyme and place for the defendant payment of said arrears as the said minister is to only the said ten pounds per annum be settled by security on the said complainant payable as aforesaid and that use deduction be made by the said minster of any money received by the said complainant at law but that the said minister soe allows the same and the said defendant soe pay the same unto the said complainant with the said arrears to be computed as aforesaid.

Transcribed 2/22/2016 by Trudy Norbury

[horselydown86]

Hi Trudy,

I have glanced over the first page and some sections of the remainder.  Generally you are very close, with just the odd word wrong (see some examples below).

To make it easier for us to check such a long document, would you be able to re-arrange your transcript so that it follows the line endings of the original text.  It becomes brain-wrenchingly hard to find one's place otherwise.

Then perhaps post small sections of transcript at a time, to reduce the job to manageable chunks.

By the way I am amazed that this hand - basically close to Bastard Secretary - is being used as late as these documents.  It is mostly found about one hundred years earlier.  (There may be scope for jokes about Dorset here....but I'll refrain.)

*******************************************************************************************************
pervaded with her to soe = p(re)valed with her to doe

soe by false obteyned  = soe by fraude obteyned

...upon the surrendring thereof
he the said lymne* gave good security...

* by comparison with Saint michaell it's unlikely his name begins with an S.

It appears to be spelt l-y-m-n-e.

[sarah]

Hi Trudy,

I have just sent you a pm.

Regards

Sarah

[tnorbury]

By the way I am amazed that this hand - basically close to Bastard Secretary - is being used as late as these documents.  It is mostly found about one hundred years earlier.  (There may be scope for jokes about Dorset here....but I'll refrain.)

That is interesting to know a little more about the writing.  I had thought it was some kind of Common Chancery.  I have been using a chart that compares Set Chancery, Common Chancery, Court Hand & Secretary Hand.  It can be found at http://www.rootsweb.ancestry.com/~molcgdrg/nl/nl-11/nl11-11l.htm.

[tnorbury]

To make it easier for us to check such a long document, would you be able to re-arrange your transcript so that it follows the line endings of the original text.  It becomes brain-wrenchingly hard to find one's place otherwise.

Then perhaps post small sections of transcript at a time, to reduce the job to manageable chunks.

1670    10 May    Regnal Year 21 Chares II
Mary Wrixon v Richard Wrixon    Income from lands in Yetminster, Dorset.  Decree Roll/Case Number C78/700, no. 12 [43]

Wrixon vs Wrixon

Image One Parchment labeled 26
[line 1] Whereas before this tyme that is to say in the Tyme of Saint Michaell in the
[line 2] yeare of my our Lord one thousand six hundred sixty and seaven Mary Wrixon Administrator
[line 3] of the goods and Chattles of Christopher Wrixon her late husband deceased
[line 4] complaint exhibited her bill of complaint unto this high and honble [honourable]  court of Chancery
[line 5] against Richard Wrixon Defendant Declareing thereby that the said Christoper
[line 6] Wrixon about foure yeares since did in consideration of twenty pounds to him in
[line 7] hand paid and twelve pounds per annum to be paid unto him for his life and
[line 8] after his death to the complainant for her life and after both their deaths then
[line 9] the sume of two hundred pound to the Executors or Adminstrators of the
[line10] survivor of them surrenders a customary Tenement lying in Yetminster in the
[line 11] County of Dorsett to one Gyles Lymne and that upon the surrender thereof
[line 12] he the said Lymne got her good security for payment of the said twelve pound
[line 13] per annum and the said two hundred pound after both their decease to him the said
[line 14] Christoper Wrixon and that the said Christoper Wrixon about September one
[line15] thousand six hundred sixty and foure dyed intestate after whose death the said
[line 16] complainant was minded to take out letters of Adminstration of the goods Chattles
[line 17] of her said husband but the Defendant being her husband brothers sonne did
[line 18] imediately after the death of him repaye [repare meaning go to] to the complainant and informed her
[line 19] that it would be a great deale of trouble for her to goe to the Court for
[line 20] granting of letters of Adminstation being remotte from her att Blandford in the
[line 21] said County of Dorsett she being very weake & aged and therefore pressed her to write

Image One Start Parchment labeled 25

[tnorbury]

pervaded with her to soe = p(re)valed with her to doe

soe by false obteyned  = soe by fraude obteyned

...upon the surrendring thereof
he the said lymne* gave good security...

* by comparison with Saint michaell it's unlikely his name begins with an S.

It appears to be spelt l-y-m-n-e.

I think I saw Symms as I have been working on Wrixon and Symmes, but with your input I have to agree Lymne seems more likely.

Thank you

[horselydown86]

Line 2:  yeare of our Lord.....Mary Wrixon Admi(nistratri)x
Line 4:  Compl(aynan)t exhibited her bill of Compl(ayn)t into...
Line 10: ...them surrender a customary...
Line 11: ...upon the surrendring thereof
Line 12: ...said lymne gave good security... twelve poundes
Line 13: ...both their deceases...
Line 17: ...being her husbandes brothers sonne...
Line 18: ...death of him repaire to the...
Line 20: granteing of l(ette)res...being remoate from her
Line 21: ...pressed her to make

Notes:

Some of these are just spelling.

At the start of Line 4, Complaynant refers back to Mary Wrixon in line 2.

There are faint -es brevigraphs on certain plurals eg good(es) in line 3 and husband(es) in line 17.

[tnorbury]

I have had another attempt at the next section, trying to incorporate the new information I have been learning.

Image One Start Parchment labeled 25
[line 22] him a letter of attorney to imp(erat)oure [imperō means to command] him to take letters of Administration and he
[line 23] would take them in her name and for her use and thereupon being soe
[line 24] persw(u)aded by the said defend(an)t she said the Compl(aynan)t consented soe to doe where upon
[line 25] the said defend(an)t he went pr(es)ently to one Mr Plunchett an Attorney and gave
[line 26] him dy(r)ect(i)on to make a renunciation insteade of a ltr [letter] of Attorney by which the
[line 27] Court was desired to grant letters of Administration to him which said
[line 28] Wrixons the said defend(an)t brought unto the said of Compl(aynan)t and required
[line 29] her to settle the same telling her it was a letter of attorney and that all that he
[line 30] did it should be for her good which the said of Compl(aynan)t believeing she thereupon
[line 31] settled the same without ever reading thereof or having it reade unto her.
[line 32] And that there upon he the said defend(an)t sent unto the said Court for
[line 33] granting letter of Administration and procured Administration of the goods
[line 34] and Chattles of him the said Christoper Wrixon deceased to be granted to him
[line 35] in his owne name and then seized on all the bond and estate of the husband
[line 36] of her the said Compl(aynan)t of the value of foure hundred pound and imployed it
[line 37] to his owne use and presently after repayed againe to her the said of Compl(aynan)t
[line 38] and persuaded her to discharge the security that her said husband has for
[line 39] the said twelve pound per annual and the said two hundred pound to be paid to
[line 40] the Executors of Administrations of her the said Compl(aynan)t and to take other
[line 41] security in his name which the said def(endan)t p(re)valed with her to doe. And the