Some names and place names in 1583 will

[Bookbox]

[marginated heading]
Decret(um) int(er) Edmond(um) West quer(entem) & Will(elmu)m Baynbrigge & al(ios) def(endentes)

Decree between Edmond West, plaintiff, and William Baynbrigge and others, defendants

1.  Where Edmond Weste of Debden in the Countie of Essex Esquier hathe exhibited a bill of Complaynte into

2.  this honorable Courte of Channcery agaynste Willyam Baynbrigge Willyam Alestree and Will(ya)m More

3.  defendannt(es) declaring by the same that the late kinge henry theighte being by the statute made

4.  for suppression of Abbeies and other Religious Howses seased in his demeasne as of ffee as in the righte

5.  of his Crowne of and in the Abbey of Darley in the Countie of Darbye and of and in div(er)se land(es)

6.  Tenement(s) and hereditament(s) Wyth thappurten(a)nc(es) as parte p(ar)cell and member of the said late dissolved

7.  abbey and to the said abbey belonging and apperteyning and that he so being thereof seased did by his

8.  l(ett)res patent sealed Wyth the greate seale of England bearing date the fourthe day of Auguste in the

9.  xxxij^th yeare of his maiesties Raigne [= 1540] geve graunte bargayne and sell unto Sir Will(iam) Weste knighte

10.  ffather of the said Complayn(a)nte the Scyte of the said late monastery of Darley Wyth all

11.  howses buylding(es) barnes Orchard(es) gardens Waters pooles Ryders land(es) and the soyle of the said

12.  Scyte and fourescore and seaven acres of arrable lande in div(er)se fields in the p(ar)ishe of saynte

13.  Alkomond in Darbye and div(er)se p(ar)cell(es) of meadowe and fortie sixe acres of pasture in div(er)se

14.  pastures in the said p(ar)ishe of saynte Alkomond  And that by force of the said l(ett)res patent the

15.  said Sir Willyam West ffather of the said Complayn(a)nte was of the Scyte of the said

16.  monastery and other the p(re)misses wyth their appurtan(a)nces lawfully seased in his demeasne as of

17.  ffee and the yssues and p(ro)ffitt(es) thereof Rising comyng and growing did p(er)teyne Receyve and

18.  take to his owne use as lawfull was for him to doo, whose estate of and in the same the

19.  said Complayn(a)nte by good Juste and lawfull conveyannce and assurannce in the lawe hathe

20.  and is thereof lawfully seased in his demeasne as of ffee and that the said Complayn(a)nte and

21.  the said Sir Willyam West have ever synce the grannte of the said l(ett)res patent peaceably

22.  and quyetly p(er)teyned Receyved and taken the yssues and p(ro)ffytt(es) thereof Rising comyng and

23.  growing by the space of xxviij^tie yeares and more untill nowe of late that the said defendantt(es) …

[Bookbox]

24.  by Reason that div(er)se and sundry anncyent evydenc(es) Escript(es) and Wryting(es) conc(er)ning the said  p(re)misses

25.  are by casuall meanes com(m)en to thand(es) custodie and possession of the said defendannt(es) have by

26.  colour of having of the same wrongfully and unlawfully ent(er)ed into fowre p(ar)cell(es) of the said p(re)misses

27.  conteyned in the said l(ett)res patent that is to saye into one pasture called Oxe pasture the second

28.  called Wareflatte the thirde Crowe meadowe and the fourthe called the Olers and will in no

29.  wise p(er)mytte and suffer the said Complayn(a)nte nor his ffarmours and the occupiers thereof to take

30.  the p(ro)fytt(es) thereof but have made and contryved div(er)se and sundrie secrett and unlawfull estat(es) and

31.  conveyannc(es) in the lawe of the said fowre p(ar)cell(es) aswell unto them selves as unto div(er)se other

32.  p(er)sonnes to the said Complayn(a)nte unknowen to the disinheritannce of the said Complayn(a)nte and

33.  his heires for ever and therefore for wante of knowledge of the c(er)tentie of the said Evidence

34.  prayed thayde of this Courte and p(ro)ces agaynst the said defendannt(es) as by the said bill of

35.  Complaynte Remayning of Recorde in the said Courte more at large dothe and may appear  Where

36.  unto the said defendannt(es) appeared and made answere declaring by the same amongeste other thing(es)

37.  that to the said p(ar)cell(es) of lande named in the said bill of Complaynt called Oxe pasture Ware

38.  fflatt and Crowe Meadowe they neyther any of them hathe nor pretendeth to have any tytle or

   Int(er)est but therein and ev(er)y p(ar)cell thereof do utterly disclayme and demannde Judgement of the said Courte

   as by their said answere more at large dothe and maye appeare  Now for asmoche as upon enformac(i)on

   made to the said Courte that the said defendannt(es) in their said answere did disclayme to have any Righte

   Int(er)este and Tytle in and to the said landes in question comonly called the oxe pasture Wareflatte

   and Crowe meadowe so named in their said answere or any parte or p(ar)cell thereof but do by the

   same confesse that they nor any of them do p(re)tende to have any Righte or tytle in the same or any

   parte thereof  It is therefore this p(re)sente t(er)me of Hollye Trynytie that is to saye the Nynthe daye

39.  of June in the twelvethe yeare yeare of the Raigne of our Sov(er)aigne ladie Elizabeth [= 1570] by the

40.  grace of god Quene of England ffrannce & Ireland defendor of the faythe &c by the Righte honorable

41.  Sir Nicholas Bacon Knighte lorde keaper of the greate seale of England and the Courte of

42.  Channcery ordered adiudged and decreed that the said Complayn(a)nte his heires executoures

43.  admynystratours and assignes shall have holde occupie and enioye all the said three p(ar)cell(es) of lande

44.  called Oxe pasture Wareflatt and Crowe meadowe and ev(er)y part and p(ar)cell thereof from whiche

45.  the said defendannt(es) by their said answere have disclaymed as is aforesaid agaynste the said defend(ants)

46.  and ev(er)y of them and all others clayming or p(re)tending any Righte tytle or Int(er)est in and to the said

47.  p(re)misses in by from or under the said defendannt(es) or any of them synce the tyme the bill exhibited

48.  in this Courte by the said playntif

[Bookbox]

I am curious about why Edmund West thought he was entitled to the pastures in Darley near Derby when his father Sir Wiliam West agreed to sell them with other land in the Parish of St. Alkmund Derby and with other lands at Mackworth, near Derby. The pastures mentioned by Edmund West are also included in the attached Marriage Settlement of 1557.
Sir William said the lands were to be sold "in fee simple" (freehold) to Robert Hurst of Herts and Richard Barnard of Essex and the sale would, I assume, have funded the settlement?
I attached transcript of the marriage settlement.

According to historians William Woolley and Samuel Lysons and Daniel Lysons, Edmund West did sell the Darley Park, lands in Darley Abbey formally belonging to the abbey and the abbey house to John Bullock in 1574.
Presumably, when widow Margaret Collyn died, her daughter Joan, wife of Edmund West would have inherited all the land and property of and belonging to her mother so the land in Darley would pass onto Joan and automatically belong to husband Edmund West?
But the land was said to be sold in fee simple to Robert Hurst and Richard Bernard and If so how did it go back to Edmund West (if it did)?
If so, how did plaintiffs William Bainbrigge, William Alestree and William More come to be in occupation of the pastures in Darley?

I’m afraid I can’t help with this question about the former sale of the land, as referenced in the 1557 indenture that you posted. Do we know for sure that the marriage took place?

The 1578 document transcribed above is just the final decree in the suit Weste v. Bainbrig, so it might help to read the pleadings for that suit. When the ownership of a property is in contention, the pleadings often recite details of the former owners.

If you don’t already have the pleadings, you can order a copy from the National Archives, from this link ...

https://discovery.nationalarchives.gov.uk/details/r/C3788993

[Andy_T]

Thanks Bookbox.

Yes there are some bills from TNA still needed including the one about the bridge destroyed in November,1554.

Good point about the spouse of Edmund West, Joan Collyn was only 15 in 1557 and she married at Sussex in November, 1558 but I can't be sure to whom she married.

My understanding in a nutshell from your transcript of Edmund West plaintiff bill is that the 3 defendants had no deed for 3 out of 4 of the parcels of named land and their farmers had strayed into the other fields.
West didn't seem to want to pursue a complaint about the pasture named "Olers" so presumably they had a lease agreement if not a deed for that land. He leased his mills as well.
A few lines in Baynbrigge's 1583 have references to some leases:

Line #
24.   And bequeath more to the said Elizabeth my wife six fyve crown in the  pat(t)ent
25.   notice I have by Lease for and during all such years and term as I have yet
26.   to come in the said without paying of any rent for the same. And after the
27.   expiry and ending of the said Lease I give and dispose into said wife there
28.   fine grass in my closes of the future ? for the term of her natural life ??

I will find out how to turn off my predictive spellchecker as I have a hard time typing in script in old English as written as it changes it back to modern English.

Andy_T

[Andy_T]

I do think Edmund West did marry Jone Collyn and in the transcript of her marriage settlement, Sir William West, father of Edmund West, agreed to sell "in fee-simple" the same 4 parcels of land in Darley; Oxe pasture, Crowe Meadow, Warreflat and Olers were to be sold to Robert Hurst and Richard Bernard. This was to fund the marriage settlement to Jone's mother, Margaret Collyn. There is a family tree (familysearch) showing Edmund West wife was Jona Collins no provenance for the tree is given. Another marriage settlement of John Bullock (courtesy rolls and deeds formally held at Sheffield Reference Library (Jackson Papers) mentioned "Jone alias Jane wife of Edmund West ".
So it looks like Edmund West did Marry Jone Collyn (1557-8) and if Sir William West had sold the 4 parcels of land aforesaid, I don't understand the claim of ownership by Edmund West in 1570.

Andy_T

[Bookbox]

So it looks like Edmund West did Marry Jone Collyn (1557-8) and if Sir William West had sold the 4 parcels of land aforesaid, I don't understand the claim of ownership by Edmund West in 1570.

But we don't know for sure that Sir William West did sell the land to Hurst and Bernard - only that he intended to. If, for example, William died before Edmund's marriage to Jone Collyn, that might have scuppered the settlement. Worth looking into?

[Andy_T]

Good observation Bookbox,

Sir William West of St. Sepulchre London made his will in December, 1557 and his will was proved 10 February, 1559. I have to find the date of death of Sir William and the date of marriage between Edmund West and Joan (Jane) Collyn (Collins).

Extract from Sir William's will:
"my body to be buried in the Church of St. Sepulchre in Our Lady Chapel next to the high alter and Testament to the high alter of the same church next to hope for making tombe to put to Sepulchres upon."

 Andy_T
 

[Bookbox]

Extract from Sir William's will:
"my body to be buried in the Church of St. Sepulchre in Our Lady Chapel next to the high alter and Testament to the high alter of the same church next to hope for making tombe to put to Sepulchres upon."

Suggestion:

... my bodie to be buryed in the

Churche of Seynte Sepulcres in oure ladie Chapell next to the highe Aulter ende  Item I give

to the highe aulter of the same Churche iij^s iiij^d Also to the same Churche iiij^li to helpe to

make a Tombe to sett the sepulcre upon ...

[Andy_T]

Thank you Bookbox.
 "to the highe aulter of the same Churche iijs iiijd Also to the same Churche iiijli to helpe "

I had to look up the numerals and found the attached on TNA quick reference Palaeography:
iiijs = 3s?
iiijd = 4d ?
iii li ? L or l = 50 so what numeral and amount of money was this?
L is sometimes used to denote £ (pound sign)?

Andy_T