Some names and place names in 1583 will

[Andy_T]

Watson, here is another case this time Baynbrigge was defendant in 1570 and this one is definitely Darley one mile North of Derby.
I have a transcript of Edmund West marriage settlement to Joan Collyn of Essex about 1556 when his father agreed to sell apputences of the abbey of Darley and the Parish of St. Alkmund, Derby) and Mackworth (about 3 miles from Derby) and the same names of the lands in the attached were named in the settlement:
- Ox Pasture
- Ware flat
- Crow Meadow
- Olers

Andy_T

[Bookbox]

The above (C 78/37/16) is not a separate suit – it’s just the decree (court order or judgment) for the suit linked below, Weste v Bainbrig, C 3/189/70. I think you’ve already transcribed this suit?

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

The images of the decree for this suit can be accessed and downloaded from AALT here …

http://aalt.law.uh.edu/AALT7/C78/C78no37/IMG_0043.htm

[Andy_T]

Thank you very much Bookbox. I downloaded files numbered 043 and 044. Other sheets either side of these seem not to be connected to West v Bainbrigge, please let me know if any other sheets and numbers assigned are connected to Darley Abbey?

The related summary I posted just before your reply was on my to do list, so the one you kindly sent will now jump the queue.

Andy_T

[Bookbox]

The decree for your suit is #16, as shown by the last digit in the TNA catalogue reference C 78/37/16.

It starts two-thirds of the way down image 43, where there is a marginated heading and a figure 16.

It ends two-thirds of the way down image 44, where the next decree begins, with another marginated heading and a figure 17.

ADDED
It's not as long as it looks, because there is a substantial overlap between the images.

[Andy_T]

Got it with thanks Bookbox
Andy_T

[Andy_T]

Over this weekend I have attempted to transcribe the files for plaintiff case Edmund West V William Baynbrigge, William Alestree and William More over possession of meadows occupied by the defendants in Darley, near Derby. The link to files was kindly posted by Bookbox in this thread and it's just two lines of file 0043 and top of file 0044 to about 3/4 down page. I cropped the files and posted here as I request help if some roots chat members would check my transcript and help me with corrections?
Later after polishing the transcript, I have some questions about why did West think he was entitled to the meadows mentioned here as his father Sir William West sold them with other land to fund Edmund West's intended wife's marriage suit.
PART ONE
My attempt at transcript (file 43 two lines so file 44 begins LINE 3):
LINE No.
1.   Edmund West of Debdon in the countie of Essex Esquire hath exhibited it bill of complaint unto
2.   this honourable courte of chancery against William Baynbrigge William Alestree and William Moor
3.   Defendant. Declaring by the same, that the late time(?) being therefore being by the statute made
4.   For suppression of Abbies  and other Religious houses settled in his demence as of fee as in the pyhte (site)
5.   of his crowne (?) of and in the Abbey of Darley  in the countie of Darbye and of and in dirte (?) lands
6.   Tenement and hereditament which the(n) appertaining as part prett(ended?) and which of the said late dissolved
7.   Abbey and to the said Abbey belonging and apperteyning (appertaining?) and that he so being thereof seased (seised): did by his
8.   his patent settled such the great settle of England being into the fourth day of February (?) in the
9.   xxxy tb year of his witnesses signed gave grante belonging and self onto Sir William West knight
10.   father of the  said complainant the site of the said late monastery of Darley With
11.   houses buildings barns orchards gardens water pools Ryder (cider)? and the soyle (soil) of the said
12.   Cyte (site) and fourestess ?? and fourteen and seven acres of arable land in dirte fields in the pyhe (parish?) of the saint
13.   Alkmund in Derby and seven acres of arable land in dirt(e) field in the parish of situate
14.   pastures in the said parish of saint Alkmund. And that by sort(e) of the  said patent the
15.   said Sir William West father of the said complainant was of the cyite (site) of the said
16.   monastery and other the parts such they appertain lawfully in settled in his demense as of
17.   ffee and the issued (?) and p(?)asture thereof fil(l)ing coming and growing did prevent (?) feryle and
18.   take to his own use as lawful who for him ? to do(o) whose estate of and in the same the
19.   said complaint By good-qu(e)st(e) and lawfully conveyance and assurance in the law(e) hath(e)
20.   and is thereof lawfully seased in his demeanse as of ffee. And that the said Complaint(e) and
21.   the said Sir William West knight ? esq.? Synce the statute ? of the said bred ? patent peaceably
22.   and invertly prey(t)end ( ptetended)? Retired ? and taken the accres and pasture thereof filing com(y)ng and
23.   growing by the space of xxEiii tie years ? and more until(l) now(e) of late that the defendant
24.   by reason that guile? and singly augment endure Erquire and swing?? containing pastures
The second file attached is file 0043 as I had to rename it to attach both files. This has the first 2 lines, so the first file 0044 starts at LINE  #3.
Andy_T

[Andy_T]

Here is part Two of my Transcript  with the first two lines of the original file attached (lines 1 and 2) as I had to upload the files separately.

LINE No.
25.    are By careful(l) means comen ( common) to than do custodie and possession of the said defendant have by
26.   Colour ? of having the same wrongfully and unlawfully entered into fowre (fout) prett ? of the said pastures
27.   contained in the said patent that is to say into one pasture called Ox Pasture the second
28.   called Wareflatte the third Crowe Meadowe and the forth called the Olys and with in as
29.   wile prvtte (private?) and suffer the said complaint nor his testimony ?? and the occupied thereof to take
30.   the statute ? thereof but same ? made and contracted ?? dies and ?? Sundrie ? Secret(t) and in lawfull ? your and
31.   conseyant (consent?) in the law of the said towre ?? press answer into them selves as unto  guise or by
32.   promised to the said complaint underwen(t) to the disindenture ? of the said complaint and
33.   his heirs for ever and therefore  for want(e) of knowledge of the tencie (tenancy)? of the said Tenant?
34.   Prayed they’d of this come and pred ? again the said defendant as
35.   complaint Remaining of -e—de ?? I’m the said com(plain)t more at large do he and may appear where
36.   unto the said defendant appeared and answer declaring by the same among the other thing
37.   that to the said prett(ended)? of land named in the said bill of complaint as by the said bill of called Ox(e) pasture Whare-
38.   (f)fat and crow(e) meadow they neyther and answer did distwyine (disdain??) to have any tithe ?
39.   of June in the twentieth ? year year of the our conaigne ? ladie Elizabeth By the
40.   grace of god Queen of England France Ireland defender of the faythe it by the righte honourable
41.   By Nicholas ? Dutton (?) high(te) lord(e) keaper of the great seal(e) of England and the court(e) of
42.   Chancery ordered adjudged and decreed that the said Complainant his heirs executors
43.   administrations and assigns shall have hold(e) occupie and enjoy(e) all the said three prett(ended)? of land(e)
44.   called Oxe pasture Wareflatt and Crow meadow and enjoy all the said three prett(ended) ?  thereof from which
45.   the said defendant by they said answer have disdained as is aforesaid against the said defend
46.   and any of them and all others claiming or pre(te)nding any higher tytle of Intrest in and to the said
47.   paassed ? in by from or under the said defendant  or any of them synce the tyme the bill exhibited
48.   in this courte by the said plaintiff . . . . . . . . . . . . . . .

Andy_T

[Andy_T]

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 still don't know where the 4 water mills and 2 Walking mills were nor the location of the destroyed bridge..

Andy_T

[Bookbox]

This is the final decree in the suit Weste v. Bainbrig. It states that the defendants have agreed to withdraw their claim to three disputed parcels of land (Ox Pasture, Wareflatt and Crowe Meadow), and that these lands belong by right to the plaintiff Edmund West and his heirs etc.

Because there is considerable variance between your transcription and mine, I found it quicker to write it out again. So that you can compare the two versions, I’ve kept your line numbering, except where you missed seven lines of text (after line 38).

As advised previously – unless you’ve agreed anything different with the local history society that you’re transcribing for – I really would urge you again to transcribe exactly what you see, and not to interpret the text, change spelling or capitalisation, or add punctuation, because such changes can easily lead to misunderstandings. It’s usually best to put any speculation or additional gloss in the Notes at the end.