Author Topic: Help transcribing chancery case  (Read 481 times)

Offline Marayong

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Help transcribing chancery case
« on: Saturday 27 August 22 12:27 BST (UK) »
Hi folks,
I'm hoping some kind soul (or souls) will be able to help transcribe the chancery case I've attached. I've shrunk the original and cut it in two so it fits the attachment limits, however the full resolution original can be found here (a temporary link): http://tinyurl.com/2tk4vbsd.

I'm particularly after stated and implied relationships between the various Asherst individuals mentioned. The case, dated between between 1538-1544, involves a dispute over lands previously owned by William Ashurst (living in the 1350s). This is one of 4 related chancery cases, however this appears to be the most relevant to the Ashurst family being the answer of John Ashurst.

Thanks in advance for any help!

Offline gloveg

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Re: Help transcribing chancery case
« Reply #1 on: Saturday 27 August 22 21:09 BST (UK) »
The Title of the piece is "The Answer of John Barowe and John Assheherst to the Oath of Complaint of Thomas Pyx".

Offline Bookbox

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Re: Help transcribing chancery case
« Reply #2 on: Saturday 27 August 22 21:26 BST (UK) »
I can do it for you, but I would strongly recommend that you read the Bill first before tackling this Answer, as it will make a lot more sense that way!

Offline Marayong

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Re: Help transcribing chancery case
« Reply #3 on: Sunday 28 August 22 02:22 BST (UK) »
I can make out some words here and there but medieval handwriting is not my forte.  :( I can't make out enough to make sense of it. I've attached the original chancery case and the full resolution copy is also here: https://tinyurl.com/3fump56p


Offline Marayong

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Re: Help transcribing chancery case
« Reply #4 on: Sunday 28 August 22 02:23 BST (UK) »
There's another two cases in the series, involving other plaintiffs. I went for the answer first since it had more references to the family I'm after. :)

Offline Bookbox

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Re: Help transcribing chancery case
« Reply #5 on: Sunday 28 August 22 17:55 BST (UK) »
This appears to be a standard suit disputing ownership of land, where one party is withholding the deeds, allegedly to prevent the other party proving ownership.

Plaintiff’s Bill

Thomas Pyx, the plaintiff in the suit, states that Bartholomew Stonstrete held 13 acres of land in Kingsnorth, Kent. After his death, half the land descended through gavelkind to Pyx. He is Bartholomew’s great-grandson, via Bartholomew’s daughter, who married his grandfather John Pyx and had his father John Pyx.
(Stonstrete – John Pyx – John Pyx – Thomas Pyx, plaintiff).

The other half of Bartholomew Stonstrete’s 13 acres descended through gavelkind to Thomas and William Elsted, Bartholomew’s great-grandsons, the grandsons of Bartholomew’s other daughter Alice. Thomas Pyx and the Elsteds are therefore cousins.
(Stonstrete – William Elsted – William Elsted – Thomas & William Elsted, defendants).

Thomas Pyx then bought the Elsteds’ share of the land off them, but he cannot prove ownership because he doesn’t have the deeds. He claims that John Barowe (a lawyer and Clerk of the Peace) and John Assherst hold the deeds and that they have concealed them.

Meanwhile, Pyx claims that John Barowe and John Assherst have been trying to oust him and the Elsteds from the property. Pyx has entered a separate common-law suit against Assherst over the ownership of the land, but without any deeds Pyx fears he will lose the suit and the land with it. He believes that John Barowe is so wealthy and well connected in Kent that the case can’t be heard impartially by a jury in a common-law court. He requests an injunction to halt the common-law suit, so that judgment can be made in the equity court instead, where he presumably feels he will get a fairer hearing.

Offline Bookbox

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Re: Help transcribing chancery case
« Reply #6 on: Sunday 28 August 22 18:00 BST (UK) »
Defendants’ Answer

John Barowe and John Assheherst, the defendants in the suit, deny that half of Bartholomew Stonstrete's 13 acres of land descended to Thomas and William Elsted. They say that William Assheherst (the defendant’s great-grandfather) held the freehold of half of the 13 acres. After William’s death it descended to his son John Assheherst (the defendant’s grandfather). After John’s death, it descended to his son John Assheherst (the defendant’s father), who occupied it all his life without any challenge to his rights. After his death, John Assheherst the defendant inherited the land and subsequently sold the freehold to John Barowe.
(William Assheherst – John Assheherst – John Assheherst – John Assheherst, defendant)

As regards the other half of the 13 acres of land, John Assheherst claims that about 14 years previously Thomas Pyx, the plaintiff, sold it to Henry Assheherst (no relationship stated) for the defendant John Assheherst’s use, and that he John Assheherst subsequently sold it to John Barowe, passing all the relevant deeds to Barowe.

The defendants deny that Barowe has undue influence, and they see no reason why the case between Pyx and Assheherst that has already been entered should not be heard before a jury in a court of common law.

=====

There are no dates anywhere in the documents as supplied. The best chance of getting a date may be from the writ, if it has been filed with the pleadings.

Offline Marayong

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Re: Help transcribing chancery case
« Reply #7 on: Monday 29 August 22 01:49 BST (UK) »
G'day Bookbox,
Thanks heaps. That helps to nail down 4 generations of my family. The NA index didn't mention the father of the defendant, so nice to have that confirmed as well. I couldn't find a writ, but there were two other entries in the same series. I'll post those as well - not for a transcription unless you are feeling bored, but in case there's something pertinent to the Ashursts not mentioned in the other two or anything pointing to a date more specific than 1538-1544 .. then again, that's a pretty tight date range compared to many other chancery cases.

First one is:
C 1-1044-81.JPG  .. full res version is here: https://tinyurl.com/bdhj8m4e

Offline Marayong

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Re: Help transcribing chancery case
« Reply #8 on: Monday 29 August 22 01:55 BST (UK) »
And the final in the series. Sorry, the original was very faded, so it is likely a lost cause:
C 1-1044-82.JPG        original scan: https://tinyurl.com/bh3muvfk

I did find another possibly related case:
https://discovery.nationalarchives.gov.uk/details/r/C7487510
Reference:    C 1/965/26-29
Short title: Clerk v Pyx.
Plaintiffs: Humphrey CLERK.
Defendants: Thomas PYX.
Subject: Refusal to complete an exchange of lands in Kingsnorth. Kent
Date:    1538-1544

I've requested a copy, but it'll be a while before I can get it (I'm not in the UK). The cases I've posted were from the series C 1/1044/79-82, so the Clerk vs Pyx case looks to be earlier. Could that be the writ? Won't know until I can get a copy.