Archive:The Ancestry of John Whitney, Chapter V, Part 3
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Melville, Henry, A.M., LL.B., The Ancestry of John Whitney: Who, with His Wife Elinor, and Sons John, Richard, Nathaniel, Thomas, and Jonathan, Emigrated from London, England, in the Year 1635, and Settled in Watertown, Massachusetts; the First of the Name in America, and the One from Whom a Great Majority of the Whitneys Now Living in the United States Are Descended (New York, NY: The De Vinne Press, 1896).
154 The Ancestry of John Whitney
"Sir Richard Baskerville, Knt. who m. Joan, dau. of Adam de Everingham, of Lexington, and dying 16 Sept. 1395, was s. by his son, "Sir John Baskerville, Knt living in the reign of Henry IV. This gentleman m. Elizabeth, dau. and heiress of John Brugge, of Lotton and Staunton, who had issue. John (Sir) his successor and Ralph, b. 21 Oct. 1410, who m. Anne, dau. and coheiress of Sir John Blackett, Knt. and left an only dau. and heiress Jane, m. to Simon Milbourne, of Tillington. Sir John Baskerville was succeeded by his eldest son, "Sir John Baskerville, Knt. of Combe, b. 12 Feb. 1403. In Sir Harris Nicolas's "History of the Battle of Agincourt," Sir John Baskerville is stated to have been in the retinue of Henry V.1 He m. Elizabeth dau. of John Touchett Lord Audley, and dying 23 Dec. 1455, was by his eldest son, "Sir James Baskerville, Knt. of Eardisley, M. P. for the Co. of Hereford in 1476, and Sheriff 38th Henry VI. 4th Edward IV. and 14 Henry VII. He was made a Knight Banneret on the field, after the battle of Stoke, near Newark in 1487, and a Knight of the Bath at the Coronation of Henry VII. He m. Kath- erine, dau. of Walter Devereux, Lord Ferrers of Chartley, lineally descended from Edward I. and had "Sir Walter Baskerville, Knt. of Eardisley, Sheriff of Hereford, 9th of Edward IV. who was created Knight of the Bath on the marriage of Prince Arthur in 1501 and had "Sir James Baskerville, Knt. of Eardisley, who m. Elizabeth, dau., and coheir of John Breynton, of the Co. of Hereford, by Sibella dau. and coheir of Simon
1 It must have been this man's father if the date of birth is correctly given, for the battle was in 1415.
Whitneys of the Sixteenth Century 155
Milbourne, grandson of Sir John Milbourne by Eliza- beth, dau. and heiress of Sir John Eynsford," &c. The descent of Katherine Devereux from the first Edward was as follows:
Edward I. = Eleanor, dau. of the King | of Castile. |_____ | Humphrey de Bohun, Earl = Elizabeth. of Hereford and Essex. | Lord High Constable; | killed at battle of Bor- | oughbridge, March 16, | 1321. |___ | Robert de Ferrers, 2d Baron = Agnes. Ferrers of Chartley. Sum- | moned to Parliament Feb. | 25, 1342. At battle of | Cre'cy. Died 1347. | ____________________| | John de Ferrers, 3d Baron = Elizabeth, dau. of Rolf, 1st Ferrers of Chartley. In | Earl of Stafford, who had the wars of Gascony, 1350. | a principal command in the Died April 2, 1307. | van at Cre'cy. ____________________| | Robert de Ferrers, 4th Baron = Margaret, dau. of Edward, of Chartley. Died March | Lord Le Despencer. 13, 1413. | ____________________| | Edmund de Ferrers, 5th Ba- = Eleanor, dau. and coheir of ron of Chartley, a partici- | Thomas, Lord Roche. pant in most of the great | battles of Henry V. Died | 1430. | ____________________| |
156 The Ancestry of John Whitney
William de Ferrers, 6th Ba- = Elizabeth, dau. of Sir Ha- ron of Chartley, | on Belknap, Knight. |___ | Sir Walter Devereux, Knight = Anne, only child. Baron Ferrers in right of | his wife. Killed at Bos- | worth Field, August 22, | 1485. |_____ | Sir James Baskerville, = Katherine. Knight, of Eardisley, | Knight Banneret, Knight | of the Bath, &c. |
Through the Baskerville marriage, therefore, there came into the Whitney family, the second time, a strain of royal blood, the first having been through Constance, daughter of James Touchett, Baron Aud- ley, before mentioned. In the Appendix is a chart, arranged by C. E. Gildersome-Dickinson, Esq., of 12 Great Turnstile, Lincoln's Inn, London, a distinguished genealogist, which shows more clearly the inter-marriages of the Whitney, Milbourne, and Baskerville families, and, incidentally, that, in addition to those mentioned Sir Robert had in his "Impalement" the following arms, being almost without exception those of Nor- man families that in their day played a prominent part in the history of England. Ledet, Gu, a fess dancette between 14 cross cross- lets or. Foliot, Barry nebuly of 6, ermine and gu. Reincourt, Azure a fess indented between 6 garbs or. De Morville, Azure seme'e de lis fretty or.
Whitneys of the Sixteenth Century 157
Engayne, Gu, a fess indented between 6 cross crosslets or. Trivers, Argent, 3 bears statant in pale sa. Stuteville, Barry of 12, arg. and gules. Paveley, Az. a cross florette'e gules. Sapie, Arg. on a bend gules 3 buckles or.1 By his wife Sybil Sir Robert had three sons and two daughters, viz., James and Eustace, who suc- cessively succeeded to the estate; Robert, who was the grandfather of John Whitney, the emigrant; Blanche, who married Robert Greville, and Elizabeth, who married John Bryce. He also acknowledged and brought up another son, William, who will be again mentioned. Sir Robert Whitney died, as stated in an inquest post mortem, on August 5, 1567. This inquisition is exceedingly interesting, inasmuch as it shows to what noble proportions the Whitney estate had grown, till it included eight manors, viz.: 1, Whitney; 2, Pencombe; 3, Ocle Pitcherd; 4, Kings Caple; 5, Icomb; 6, Boughroyd; 7, Comwich; and 8, Clifton, not mentioning leased land, of which, from the will of Robert of Icomb, we have reason to suppose there was a considerable quantity. It does not appear how or when the new manors, Boughroyd, Comwich, etc., came to the Whitney fam- ily. The name Ocle Pitcherd indicates its source, and that it was acquired by marriage is indicated by the British Museum pedigrees in the appendix. Sir Robert's descendants, therefore, undoubtedly have for an ancestor Sir Miles de Picarde', a Senlac knight, who helped Sir Bernard Newmarch conquer
1 To this list there probably should be added, Pycard, Gu, a fess or between 6 escallops arg; Delamere, arg. a fess between 8 cinqs gu.
158 The Ancestry of John Whitney
Brecknock, and secured great estates in Hereford- shire, Wales, and the Marches. Sir Roger Pychard (Picarde') in 1222 possessed Straddewy, afterward known as "Tretower" Castle, Almaly, Thurkellston, Bishops Stanford, Great Cowarn, and Ocle Pychard.1 The manor was held by the Whitneys as early as 6 Henry VI., 1428, for in that year "Robert Whytney of Whytney" was taxed for "one Knight's fee late of John Clanbowe in Ocle Picard."2 Inquest port mortem. Chancery. 9th Elizabeth, No.126. (1567.)
TRANSLATION.
Co. Hereford--This Inquisition indented taken at Here- ford in the County aforesaid the 18th day of September in the year of the reign of our Sovereign Lady Elizabeth by the grace of God of England, France & Ireland, Queen De- fendor of the Faith &c. the Ninth before George Wistham Esq. Escheator of our said Lady the Queen in the County aforesd by virtue of a brief by our said Lady the Queen to him the said Escheator directed, upon the death of Robert Whitney, Knight, deceased, This Inquest being taken on the oaths of James Gomond Esq, John Breynton Esq, John Dansey gent, Walter Walwyn gent, Thomas Pembridge gent, John Parry of Wormebridge, gent, Jenkin Figgyns gent, Thomas Mordediche, gent, William Perowe, John Thomas of Kyngston, Richard Dayneham, Thomas Detyins and Philip Moore, who say upon oath that the said Robert Whitney, Knight, in the said brief named, was a long while before his death and at the time of his death siezed in his demesne as of fee of and in the Manor of Whitney & of and in twenty messuages3 two hundred acres of [arable] land,
1 "The Family of Picard or Pychard," London, 1878. 2 See "Lay Subsidies of Hereford," in Record Office, Bundle 117/38. 3 Apparently the "messuages" were exclusive of the "two hundred acres," etc., and s similar thing is true of corresponding statements below.
Whitneys of the Sixteenth Century 159
twenty-eight acres of meadow, thirty acres of pasture, ten acres of woodland & of ten shillings rent with the appurte- nances in Whitney & of & in the avowdson of the Church of Whitney in the county aforesaid. And the said Robert Whitney being thus so siezed sometime before his death, to wit, on the fourteenth day of October in the year of the reign of our Sovereign Lord Henry VIII late King of Eng- land the thirty-eighth, as by his charter to the said Jurors upon the taking of this Inquisition as evidence shown Gave and Granted to Richard Seyborne for good counsel by him bestowed a certain annual rent or annuity of thirteen shil- lings and four pence issuing out of all and singular his manors, lands and tenements in Whitney, Co. Hereford and Boughroyd, Co. Radnor, to have and receive the said annuity or annual rent of thirteen shillings and four pence to the said Richard Seyborne for the term of his life at the feasts of the Annunciation of the Blessed Mary the Virgin and St. Michael the Archangel by equal portions yearly paid and if it should happen the said annuity or annual rent of thirteen shillings and four pence be in part or in all unpaid after such festival or festivals that it should then be lawful for the said Richard Seyborne or his assigns in the land or lands either in whole or part to enter to distrain the issues and price of the said annual rent or annuity of thirteen shillings and four pence to the amount of the arrear or ar- rearages if it shall please the said Richard Seyborne to have such satisfaction. And the said Richard Seyborne is in full life now residing at Sutton in the said County of Hereford. And moreover the same Robert some while before his death to wit on the fifth day of March in the year of Ed- ward VI late King of England the first as by his charter bearing date the same day and year now exhibited in evi- dence before the Jurors aforesaid Gave and Granted to one Morus Apowell one annuity or annual rent of forty shil- lings a year issuing out of the Manors of Whitney and Ocle Pitchard and Boughroyd and of all and singular his manors,
160 The Ancestry of John Whitney
messuages, lands and other tenements and other heredita- ments wheresoever within this Realm of England & Wales to have and enjoy and to receive the said annuity or an- nual rent of forty shillings aforesaid to the said Morus Apowell and his assigns during the natural life of the said Morus payable at the Feasts of St. Michael the Archangel and the Annunciation of the Blessed Mary the Virgin by equal portions and if it should happen that the said annuity or annual rent of forty shillings from any cause either in part or whole should be unpaid after such festival or festi- vals that then it should be lawful for the said Morus Apow- ell or his assigns out of the said manors or premises to enter any part of the said manors and other premises to distrain for the said rent as aforesaid and having so dis- trained to take and carry away the said distraints to the value of such his rent of forty shillings or any part of the arrears till the same be paid. And the said Morus is sur- viving in full life and now residing at Monmouth in the County of Monmouth. And moreover the said Jurors say that the said Robert Whitney sometime before his death and at the time of his death was also similarly seized in his demesne and as of fee of and in the manor of Pencombe in the County aforesaid and of and in fifteen messuages, two hundred acres of [ar- able] land, thirty acres of meadow, forty acres of pasture, half a pound of pepper and of and in forty pounds and forty pence rent with the appurtenances in Pencombe and of and in the avowdson of the Church of Pencombe in the County aforesaid, and being thus so seized the said Robert Whitney, knight, sometime before his death to wit, 15 May, 1565, in the seventh year of the reign of our said Lady the Queen at Whitney in the county aforesaid made and de- clared his last will in writing and by the same his will amongst other bequests gave and devised to one Eustace Whitney his younger son one annuity or annual rent of six pounds thirteen shillings and four pence per annum issu- ing out of and in his said Manor of Pencombe with the ap-
Whitneys of the Sixteenth Century 161
purtenances in the said County of Hereford to have and to receive the said annuity or annual rent to the aforesaid Eustace Whitney for and during the whole term of the life of the said Eustace Whitney twice a year to wit at the feast of St. Michael the Archangel and the Annunciation of the Blessed Mary the Virgin in equal proportions. And if it should happen that the said rent or any part thereof should by chance in all or in part remain unpaid after the said fes- tival or festivals then it should be lawful for the said Eus- tace or his assigns to enter the lands of the said Manor or any part thereof and distrain for such arrear or arrearages and carry off the distraints till the same be duly paid and satisfied. And they say, moreover, the said Eustace is in full life now residing at Whitney aforesaid. And also the said Jurors say that the said Robert Whit- ney, Knight, by his said will gave and bequeathed to one Robert Whitney1 and then of his younger sons a like annu- ity or annual rent of six pounds thirteen shillings and four pence a year issuing out of the said manor of Pencombe to hold &c. to the said Robert Whitney the younger for the term of his life with like clauses, conditions and distraints as to the said Eustace were granted as by the said last will now exhibited before the said Jurors as evidence appeareth. And moreover the said Jurors say upon oath that the said Robert Whitney, knight, sometime before his death and at the time of his death was likewise seized in his demesne and as of fee of and in the Manor of Boughroyd Co. Radnor and of and in six messuages, three hundred acres of [ara- ble] land, one hundred acres of meadow, eighty acres of pasture and of and in three pounds rent with the appurte- nances in Boughroyd aforesaid in the said County of Radnor. And also the Jurors say that the said Robert Whitney, knight, at the time of his death was seized in demesne as of fee of and in the Manor of Clyfton in the county of War- wick and of and in twelve messuages, forty acres of [ara-
1 The grandfather of John Whitney, emigrant.
162 The Ancestry of John Whitney
b1e] land, two hundred acres of meadow, three hundred acres of pasture and also of and in eight pounds rent with the appurtenances in Clyfton in the said County of Warwick. Moreover the said Jurors say upon oath that the said Robert Whitney, Knight, at the said time of his death was seized in demesne as of fee of and in the Manor of Com- wiche Co. Somerset and of and in five messuages three hun- dred acres of [arable] land, one hundred acres of meadow; eighty acres of pasture and of and in three pounds rent with the appurtenances in Comwiche aforesaid in the said County of Somerset. And also the said Jurors say upon oath that the said Robert Whitney, Knight, a long while before his death was seized in demesne as of fee of and in the Manor of Icombe in the County of Gloucester and being so seized the same Robert Whitney by his deed indented bearing date the twenty-fifth of May in the seventh year of our said now Lady the Queen (made) between the said Robert Whitney by the name of Robert Whitney of Whitney in the county of Hereford, knight, on the one part and certain Henry Jones, Thomas Vaughan and Peter Vedle by the names of Henry Johnes knight natural [i. e. lawful] son and heir of Lady Mary Jones widow late wife of Thomas Jones knight deceased, Thomas Vaughan Esq. and Peter Veale gent, of the other part, gave, granted and confirmed to the said Henry Jones, Thomas Vaughan and Peter Veale by the name of the Manor of Icombe one messuage, his houses, edifices and mansion in Icombe aforesaid with the appurte- nances called Icombe Park and the lands, tenements, mead- ows, pastures, feedings woods, underwoods with all his hereditaments whatsoever with all and singular the ap- purtenances as have heretofore been accepted, reputed or taken to be part or parcel of the said manor of Icombe situ- ate, lying and being in Icombe or elsewhere in the county of Gloucester to have and to hold the said manor of Icombe and all the premises with all and singular the appurtenances
Whitneys of the Sixteenth Century 163
to the said Henry, Thomas and Peter their heirs and assigns forever to the use and behoof of her the said Mary for the term of her natural life and from and after the decease of the said Mary to the use and behoof of him the said Robert Whitney knight and his heirs forever as by the said deed now before the Jurors exhibited plainly appeareth, and the said gift, grant and confirmation was made by force of a certain Act in the Parliament of Henry VIII late king of England in the twenty-seventh year of his reign at West- minster touching uses &c. He is moreover seized of and in the reversion of a free tenement in Icombe aforesaid which after the death of the said Mary shall belong to James Whitney son and heir of the said Robert Whitney, knight, the which Mary is surviv- ing at Whitney. Moreover they say upon oath that the said Robert Whit- ney, Knight, at the time of his death was also seized in de- mesne and as of fee of and in the Manor of Ocle Pitcherd and Kyngs Caple twenty messuages, five hundred acres of [ar- able] land, two hundred acres of meadow and three hundred acres of pasture with the appurtenances in Ocle Pitcherd and Kyngs Caple in county Hereford aforesaid and that the said Robert being so seized in all and singular the several man- ors, lands and tenements aforesaid with the rest of the premises with their appurtenances died so seized after whose death all the manors and other premises with all and singular their appurtenances descended and of right ought to descend and come to James Whitney Esq. son and heir of the said Robert Whitney, knight, deceased. And moreover the Jurors aforesaid say that the said manor of Whitney with the appurtenances were at the death of the said Robert Whitney, Knight, holden of the Honor of Kynton by knight service and valued per annum in all their rights beyond reprisals at XXXVIœ VIs VIIId. And that the said Manor of Pencombe with all its ap- purtenances in the Manor of Pencombe with the lands &c. in Pencombe aforesaid were holden of the manor of Ewias by
164 The Ancestry of John Whitney
fealty only and valued per annum in all its members at XVIII£. And the said manor of Ocle Pitcherd with the appurte- nances and all the tenements in Ocle Pitcherd were holden in knight service of our said Lady the Queen as of her Honor of Webley as the twentieth part of a knight's fee and valued per annum in all at XVI£ VIs VIIId. And the Manor of Kyngs Caple and all the lands and tenements in Kyngs Caple at the death of the said Robert Whitney, knight, were holden of John Selenger, knight, as of his manor of Kylpeck by fealty and suit of the Court of the manor aforesaid and valued in all their members at VIIœ. And the Manor of Icombe with the appurtenances were holden of Our Lady the Queen as of her manor of Slaughter parcel of the possessions of the dissolved Monastery of Zyon in free socage. And the said Manor of Boughroyd with the appurte- nances in the County of Radnor and all the lands and tene- ments in Boughroyd aforesaid were holden of our said Lady the Queen by knight service as the twentieth part of a knight's fee and valued per annum above reprisals at XIIœ. And the said Manors of Clyfton and Comwiche were holden of others than of our said Lady the Queen, valued per annum beyond all reprisals at XXXVIIœ as the said Jurors think. And the said Jurors say moreover upon their oath that the said Robert Whitney, Knight, held no other manors, messuages, lands, tenements, rents, reversions and services in the day that he died at Whitney aforesaid the fifth of Au- gust in the said Ninth year of our Lady Elizabeth as afore- said and James Whitney, Esq., son and heir of the said Robert Whitney, knight, is aged twenty-three years at the taking of this Inquisition. In witness or which thing, &c.
Unfortunately, diligent search in the different ec- clesiastical courts has thus far failed to disclose Sir
Whitneys of the Sixteenth Century 165
Robert's will referred to in this inquisition. With the increased facilities for examining records, which, it is to be hoped, the future will supply, it is not im- probable that some time it will turn up and give us much more information as to his family and estate. As has been said, John, the emigrant was the grandson of Sir Robert's third son, Robert, Jr.; so the remainder of the line of Whitneys of Whitney lack the interest, to the American family, that at- taches to ancestry. James Whitney, eldest son of Sir Robert, was born in 1544, and succeeded to the estate in 1567. Three years later he was knighted. In "A Book of Knights" by Walter 0. Metcalf, London, 1885, is a list from an old manuscript, of "The Names and Armes of those that were advaunced to the honour- able Ordre of Knighthode in the Godlye, quyet and fortunate reigne of Queen Elizabeth," including
Sr Robert Whitney dubbed at Wyndesore1 anno 1570.
and further down
Sr James Whitney 1578.
The records of the College of Arms show that both of these are mistakes. No Whitney was knighted in 1578, and no Robert Whitney in the reign of Eliza- beth. James was the only one, and his date was 1570. In looking up this matter the interesting fact was discovered that Sir James, when he paid to the col- lege the fees attendant upon knighthood, by some inadvertence was overcharged, and the mistake does not seem to have ever been rectified in the three
1 Windsor.
166 The Ancestry of John Whitney
hundred and twenty-five years since elapsed. The matter is therefore respectfully referred to the rep- resentatives of Sir James's residuary legatee. In 1581, as commissioner, he collected the Lay Sub- sidy, and a facsimile of his signature annexed to a report is here shown. In 1574 he became sheriff, was reappointed in 1586, and died in office the following year. Though he never married, the knight's life was not without its romance, and there is even a suggestion that his celibacy was the result of disappointment in love. In the "Gentleman's Magazine" for 1847, commenc- ing at page 484, there is printed an interesting col- lection of Elizabethan letters relating directly or indirectly to Barbara, Countess of Leicester. This lady was the only daughter of John Gamage of Coity in Glamorganshire, Wales, born in 1562, and left an orphan at an early age, heiress to a great es- tate. Her cousin, Sir Edward Stradling, of St. Do- nats Castle, in the same county, was her guardian. Her hand was sought by a multitude of suitors before it was finally bestowed on Robert Sydney, afterward Earl of Leicester, younger brother of the celebrated Sir Philip Sydney. Sir Walter Raleigh intimated that her marriage was a matter of bargain and sale, and the correspondence bears out this idea. With a single exception, all the ambitious young men seem to have done business entirely with the guardian, and to have considered that the lady had no voice in the matter. Edward Popham wrote to Stradling in behalf of Sir Robert Lindsey, second son of David, Earl of Crawford. Sir Henry Johnes, of Abermarles, in
[Picture omitted]
AUTOGRAPH OF SIR JAMES WHYTNEY, KNIGHT, JUNE 1, 1581. Lay Subsidy Roll 116/300 in the Public Record Office, London.
Whitneys of the Sixteenth Century 167
County Carmarthen, urged the claims of his son, afterward Sir Thomas Johnes. Sir James Croft, a privy councilor, lord deputy of Ireland, and comp- troller of the Queen's household, brought all his in- fluence to bear in behalf of his grandson, Herbert Croft; while the Earl of Pembroke, the most influ- ential man in South Wales, demanded the heiress for young Sydney, the brother of his countess. Meanwhile, Whitney, trusting apparently in personal qualities alone, was, as appears from the following letter, regarded as a dangerous rival:
To the right worll. Sr Edward Stradling, Knight. Sr: I understand that Sir James Whytney hath byn in your country to gayne that which I would fayne haue, but what successe he hath had I knowe not. Wherefore I am most earnestlye to pray you to take the paynes to wrytte unto me thereof, for the which curtesye, as I am already for a great many, soe shall I for this thinke my selfe excessively bounde to you. I hope I shall, ere yt be longe, see you, be- ing bould to trouble you; those to whome I fynde my selfe behoulding I knowe not how I may, but I woulde be right glad to fynd any occasion to deserve some parte of your curteseyes. Thus, hoping that you will contynue your fa- vour towards me in this matter, I comytt you to God. From the Courte, this fyfth of July, 1584. Your kinsman at commaund in what I maye, Herb. Croft.
Later Charles, Lord Howard of Effingham, after- ward the Earl of Nottingham, interfered in the mat- ter, and the strife waxed so hot that the Queen herself took a hand. This we learn from a letter of Sir Walter Ra1eigh.
168 The Ancestry of John Whitney
To the R. worshipfull Sr Edward Stradlinge, Knight. Sir Edwarde. Her Majestye hath now thrise caused let- ters to be written unto you, that you suffer not my kins- woman to be boughte and solde in Wales, without her Majesties pryvetye, and the consent or advice of my L. Chamberlayn and myselfe, her father's cosen germayns; consideringe she hath not anie niror kyn nor better; her father and myselfe came of twoe systers, Sir Philipp Cham- pernownes daughters. I doubte not but, all other perswa- sion sett aparte, you will satisfie her Highnes, and withall do us that curtesie as to acquaint us with her matchinne. Yf you desire anie matche for her of youre owne kynn, yf you acquaynt us withall, you shall fynde us readye to yeilde to anie reason. I hope, sir, you will deale hearein moste advisedlie; and heerin you shal euer fynde us readye to re- quite you in all thynges, to our power. And soe with my verye hartye commendacions I end. In haste. From the Courte, the XXVIth of September, 1584. Youre moste willinge frend W. Ralegh
With this went a letter of Sir Francis Walsingham, containing the Queen's command that the young lady be brought to court. But two hours before it reached Stradling he had yielded to the demands of the Earl of Pembroke, his feudal lord, to whom he was under such obligations that he could not venture to oppose his will, and the union with Sydney had been ar- ranged. With the exception of Whitney, the unsuccessful gallants do not seem to have been deeply wounded, and soon fixed their affections elsewhere. Sir James died, at the age of forty-three, on May 31, 1587, having, on his death-bed, made the follow- ing will:
Whitneys of the Sixteenth Century 169
THE LAST WILL OF SIR JAMES WHITNEY.
Dated 20 May, 1587. Proved 16 June, 1587. (P. C. C. 38 Spencer.)
In the name of God amen. The twentith Daye of Maye a thousand five hundreth eightye seauen I, JAMES WHITNEY, of Whitney, Knighte, being sick in bodye yet of good and perfect remembraunce thanke be to Almighty God, Doe make, ordayne and constitute this my Last Will and testa- ment in manner and forme following. First, I commend my sowle to the mercy of God my maker and redeemer. And my bodye to be buryed in the parishe churche of Whitney where my Father and other my auncestors are buryed. Item, as touching the Disposing of all suche Lands and Worldly goods as it hathe pleased God to blesse me withall I devise giue and bequeathe unto Eustauce Whitney, my brother, all those my severall manors, Lands and Lord- shippes of Whitney, Pencombe, Ocle Pitchard and Kings Capel1, within the county or sheire of Hereford, Boughrid and Tre- mayne [Truman] within the County of Radnor, Icombe in the County of Gloucester, Clifton upon Dumnesmoore in the County of Warwick, and Comwiche in the County of Somer- set with all and singular the Lands, tennements and inhere- ditaments to the said manners and Lordshippes and to every of them belonging with all and singular the appurtenances to have and to holde unto the said Eustauce Whitney for terme of his naturall lyfe and after his Decease to his heires males and to all the heires males of his bodye Lawfu11y begotten. And for Defaulte of yssue male of the bodye of the said Eustauce the Remainder of all and singular the said Man- nors, Lordshippes Lands, tennements and hereditaments to George Whitney, my uncle, and to the heires males of his bodye lawfully begotten; And for Default of suche yssue the Re- mainder thereof to William Whitney, my uncle and to the heirs males of his bodye lawfully begotten; And for De- faulte of suche heires the premises with theire appurten'nces
170 The Ancestry of John Whitney
to remain and to be to Thomas Whitney of Clyro and to the heires males of his bodye Lawfully begotten; And for Lack of such heires the same to remaine to Thomas Whitney of Castleton and to the heires males of his bodye Lawfully be- gotten; And for Lack of suche heires the same to remaine to Richard Whitney brother to the said Thomas and to the heires males of bis bodye Lawfully to be begotten; And for Lack of suche issue the same to remaine to James Whitney of Clifford and to the heires males of his bodye Lawfully begotten; And for Lack of suche yssue the same to remaine to Francis Whitney of London gent and to the heires males of his bodye Lawfully begotten; And for Lack of suche heires male the same to remaine to Eustauce Whitney of Clifford and to the heires males of his bodye Lawfully be- gotten; And for Lack of heires males Lawfully to be be- gotten of the bodyes of all and euery the aforesaid persons. then the same mannors and Lordshippes and every of them and all other the premises with theire appurten'nces to re- maine to Quene Elizabeth, her heirs and successors Kings and Quenes of this Realme forever. Provided allwayes and my will is that if the said Eustauce Whitney my brother or any of the heires males of his body lawfully begotten or to be begotten or any heire male of the bodyes of any issue male of the body of the said Eustauce to be begotten or any other to whome the remainder of the premises is by this my Last will and testament limitted and appointed or the heires males of the bodyes of any the fore- said person or persons shall Directly or indirectly publiquely or privately goe abowte indevour intend pactyze or putt to use to make any feoffment levye any fine or suffer any re- coverye or otherwise to make any Discontynuance in or upon the premises or any parcell thereof whereby the re- mainders before by this my Last Will and Testament limit- ted and apointed or any of them shall or maye be Dis- contynued altered chaunged Debarred made frustrate or voyde, That then and so often the estate before Lymitted to any suche person or persons and the heires males of his
[Picture omitted]
THE PARISH CHURCH AT WHITNEY.
Whitneys of the Sixteenth Century 171
bodye Lawfully begotten shall for so muche of the premises as is or shalbe intended to be alyened or Discontinued con- trary to the true intent and meaning of these presentes shalbe and remaine to suche other person or persons to whome the same should or oughte to have remayned or come by these presentes and true meaning of this my Last Will if the same person or persons so intending to make alteration or Dis- contynuannce as is aforesaid weare then Deceased withoute yssue male of his bodye Lawfully begotten. Item. I Demise giue and bequeathe unto Thomas Stephens of Whitney the yonger all my purchased Lands viz., Tal- bodwyn within the Lordshippe of Peynes Castell within the County of Radnor. The third parte of the farme of Aberth- lewne in the County of Brecon whiche I late purchased of Roger Vaughan of Hinton in the County of Hereford, gen- tleman, And one yard Land in Oclepitchard whiche lately I purchased of one Thomas Knott To have and to holde all the said three Last recited parcells of Lands and Tene- ments with all and singular theire appuryten'nces to the said Thomas Stephens for and During the terme of his na- turall lyfe. And after the Decease of the said Thomas my will is that the same shall remaine to the foresaid Eustauce my brother During his naturall lyfe onely And after his Decease successively to all the heires males in the foresaid former entayle specified according to the true tenor and meaning thereof and upon suche condicions and limita- cions as before are sett Downe, Limitted and appointed for the guyding and Directinge the estate and estates remainder and remainders of the manors and Lordshippes as is first mencioned in this my Last Will and testament. Item. My will is that Eustauce Whitney, my brother shall haue and enjoye all and singular the proffitts, emolu- ments and commodityes arysing and coming forthe and owte of my Lease whiche I have of the Lordship of Clifford During his Lyfe time and after his Decease my will is that the same farme and the residue of the yeares in the said Lease conteyned and whiche then shalbe unexpired shalbe
172 The Ancestry of John Whitney
and remaine to every suche person and persons to whome my said mannors, Lordships, Lands, tenements and heredita- ments be by this my Last will and testament appointed to be and remaine after my Decease with the same and Lyke condicions and Limitacions as are herein mencioned for the limitacion of the inheritaunce of the same mannors, Lord- shipes, Lands, &c. Provided further that it shall not be law- full for the said Eustauce my brother nor his heirs males nor to any other the persons and heirs above named to alyenate sell assigne or surrender or forfeite or sette lease otherwise than for theire naturall lyfe of everyone of them nor suffer the saide Lease to be alienated soulde assigned or surrendered forfeyted or sette Lease the terme of yeares there in ex- pressed or any parte or parcell thereof otherwise than is beforesaid. Item. I giue and bequeathe unto my sister Blanche Grevil the sum of one hundred pounds of good and Lawfu1l money of England to be paide unto her by mine executors. Item. I giue and bequeathe to the fower Daughters of my said sister Blanche Grevill, viz., Anne, Blanche, Katherine, Dorothye Grevill, one hundred ponnds sterling apeece to be paid to them at the severall Dayes of theire marriages or within one halfe yeare after and next following. Pro- vided that if any of the said foure Daughters happen to Dye before the solemnization of any of theire said marriages, That then the Legacye of her or them so dying to be equally devided amongst the rest that live and survive. Item. I giue and bequeathe to Foulke Grevill sonne untoe Robert Grevill and Blanche my sister the some of one hun- dred pounds of good and Lawfull money of England to be paid unto him when he shall come to the full age of one and twenty years. Item. I giue and bequeathe unto Alice Price my sister's Daughter nowe Dwelling in the howse with me the some of Foure hundred pounds of lawfull Englishe money to be paid unto her at the Daye of her marriage or within one yeare next after if so be that the said Alice is choosing of
Whitneys of the Sixteenth Century 173
her marriage and husband shalbe onely ordered Directed and ruled by the advyce counsel and agreement of the righte Reverend Father in God Marmaduke nowe Lord Bishopp of St. Davids and my uncle George Whitney. Item. My will is that my uncle George Whitney, Julyan his wyfe and theire sonne George shall quietly and peace- ably haue holde occupye enjoye and possesse the Lordshipp of Icombe aforesaid for and During theire naturall lives and the longer liuer of them anything aboue expressed to the contrary notwithstanding, yielding and paying there-fore yearly threescore and six pounds thireene shillings and foure pence of good and Lawfull money of England to my foresaid brother Eustauce Whitney and the heires above mencioned and expressed. Item. I giue and bequeathe to William Whitney the base sonne of Sr Robert Whitney, Knighte, one annuitye or yearely porcion of twenty pounds sterling During his naturall lyfe or after the Deathe of Richard Syrell of Pencombe to haue in Lewe thereof the farme whiche the said Richard nowe holdeth at his charge During his Lyfe. Item. I giue and bequeathe unto Blanche Whitney of Clifford my kinswoman tenne pounds sterling to be paid within one yeare after my Decease by mine Executors. Item. I giue and bequeathe to Harrye Price als Henry Price and Anne nowe his wyfe and to the childe with the whiche the said Anne nowe goeth withall and is (gravida facta) twoe Fermes in Clifton whereof the one is presently in myne occupation the other in the tenure or occupation of one Margerie Frost als Jordan and the twoe other tenne- ments whiche nowe the said Henry and Anne enjoyeth lying in the villages of Stowe, Millhaughe and Whitney, During theire three lives and the Longest Liver of them, They and every of them paying the olde anncyent and ac- customed rent to my heires before expressed. Provided all- ways that it shalbe lawfull for them and every of them to sett and lett the said tennements During theire lives. Item. I giue and bequeath to William Penkin the tene-
174 The Ancestry of John Whitney
ment or farme which he holdeth of me in Stowe During his naturall lyfe paying the olde anncyent and accustomed rent for the same as before. Item. I giue and bequeathe unto Charles Jones my ser- u'nte the grounde which he nowe holdeth of me During his naturall lyfe paying the olde accustomed rent for the same. Item. I giue and bequenthe unto Thomas Walwill of Hereford, Chamboyes meadowe During his lyfe rent free and afterwards to my foresaid heires. Item. I giue and bequeathe to every of my householde seru'nts as well men as women (if my brother Eustauce will not entertayne them unto his service or for to so many of them as he will not entertayne and kepe) three yeares wages apeece, The names of whiche servaunts are herun- der expressed with the sume of theire severall wages by the yeare uppon theire heades. Imprimis William Byrte forty shillings; Thomas Patye forty shillings; William Turner forty shillings; Thomas Smith als Williams forty shillings; Roger Williams forty shillings; John Morgan twenty-six shillings eight pence; William Taylor, forty shillings; Thomas Brewar forty shillings; Edward Hors- man twenty-six shillings eight pence; Thomas Walter, Bayliffe, twenty-three shillings foure pence; Thomas Prich- ard, thirty-three shillings foure pence; Thomas ap Owen . . . . . .1 John Sheparde als Hall fortye shillings; John Williams twenty shillings; Edward Ystance twenty shillings; Symeon Abeynon, Watkyn Price twenty-six shil- lings eighte pence; William Morgan referred to the executors; Robert Picke forty shillings and referred to the executors; Robert Price als Lycence eightene shillings; John Price my foote boye eighte pounds onely to be imployed by my ex- ecutors to his proffitt; Dame Cooke forty shillings in all; Margaret Bradford eightene shillings. Item. I giue and bequeathe Margaret Richard two shil- lings; Margaret Jones twelve shillings; Elizabeth Hall XIIs; Katherine Thomas thirtene shillings.
1 So in original.
Whitneys of the Sixteenth Century 175
Item. I giue and bequeathe to Marye Milnes Daughter to my uncle George Whitney twoe hundred pounds of good and Lawfull money of England to be paid to her within one yeare next after my Decease. Item. I giue and bequeathe towards the reparac'on of the Cathedrall Churche of Hereford three pounds six shil- lings eighte pence. Item. My will is that Anne Edmonds, Henry Edmond and John Edmond her sonnes shall have and enjoye the tene- ment they nowe holde and the keping of the boate with the proffitts thereunto belonging during theire three lives and the longer liver of them paying onely twenty shillings by the yeare to my foresaid heires. Item. My will is that myne executors hereafter to be named shall and maye after my Decease Demise and sett these three mannors and Lordshippes viz., Oclepitchard, Clifton and Comewitche for three lives or fourscore yeares at the auncyent and accustomed rents and all suche fynes as they shall receive for and uppon my Demise to be by them made to reserve and take towards the payment and Dis- charge of all my Debtes, Legacies, Aunuityes and Funerall expences. And if there be any overplus of the saide fynes together with the moveable goods after my Debts Legacyes annuityes and Funerall expenses Discharged Then my will is that the rest and overplus thereof be Delivered to mine executors. Provided allwayes and my will is that Eustauce Whitney my brother shall enter into bond obligation of tenne thousand pounds to myne executors and overseers not onely to fulfill and performe all the singular the con- tents in this my last will and testament specified and con- teyned but also to permitt and suffer all and singular my gifts, Legacies, Leases, grants and Annuitycs to stand in force and to be performed according to the true meaning purpose and intent of this my Last will and testament. And further withall to suffer and permitt all and singular my seru'nts whiche hold any Land of me by Lease or otherwise peaceablye and quietly to enjoye and possesse
176 The Ancestry of John Whitney
the same During the yeares and termes in theire said Leases and grants conteyned into whiche bonde if my said brother Eustauce will refuse to enter or will not suffer and permitt all and singular the clauses articles gifts graunts anunityes Leases thing or things in this my Last will and testament specified to be performed accordingly by myn executors and overseers, Then my will is that my Uncle George Whitney shalbe my next and ymediate heire and that the saide Eustauce Whitney my brother shall reape no proffit or benefite by this my Last will and testament. But thereof and every parte and parcell thereof shalbe clearely secluded Disannulled and Exempted. And if my saide brother Doe refuse as is aforesaid Then Doe I hereby revo- cate all my former Legacies to him or to any the yssues males of his bodye Lawfully begotten before bequeathed anything in this my Last will and testament conteyned to the contrary notwithstanding. All the Rest of my goods and chattells as well moveable as unmovable before not Demised given or bequeathed I give and bequeathe to George Whitney and William Whit- ney my uncles and to Richard Shippam of London, my kinnesman towards the Discharge and payment of all my Debts Legacies Annuityes and Funerall expenses the whiche said George Whitney, William Whitney and Richard Shippam I doe make constitute and ordayne executors of this my Last will and testament to see the same truly and faithfully kepte fulfilled and performed according to my true meaning And Doe nominate and appointe the saide Reverend Father in God Marmaduke nowe Lord Bisshopp of St. Davids and the Worshipfull Mr. John Watkins Deane of the Cathedrall Churche of Hereford to be overseers of this my last will and testament. Item. My will and meaning is that this my present Last will and testament shalbe orderly Drawen and putt in writ- ing according to Lawe and my true meaning by Counsell Learned in the Lawes of the Realme so that no poynte clause or thing whiche shalbe materiall therin conteyned
Whitneys of the Sixteenth Century 177
be altered and changed contrary to my intent and purpose whiche my meaning intent and purpose yf any Doubte or question shall happen at any time hereafter to arise I re- ferree to be Declared and Deluded by the Right Reverend Father in God Marmaduke Lord Bishopp of St. Davids and the said Mr. John Watkins and Mr. George Whitney my un- cle or to any twoe of them. Item. My will is that all and singular suche plate as I have shalbe and remayne to the howse of Whitney forever as standards never to be soulde nor removed the particular parcells whereof are hereunder specified, nominated and Declared. In wittnes wherof I have hereunto subscribed my name and putt my seale of armes the Daye and yeare of our Lord first above written viz. vicesimo May 1587. Item. If my foresaid brother Eustauce Whitney will not suffer and permitt the foresaid Thomas Stephens of Whitney the yonger quietly and peaceably to enjoye and possesse all those my purchased Lands whiche by this my Last will and testament I haue given him During his naturall lyfe and according to the true meaning of this my last will and tes- tament Then my will is and I giue and bequethe and by these presents assigne and sette over unto the saide Thomas Stephens all that my Lease of the mannor or Lordshipp of Clifford with all my righte title or interest I haue or oughte to haue therein or thereunto with all and singuler the Lands hereditaments and appurtenances with all emoluments prof- fitts and comodityes whatsoever to the same in any wise be- longing or apperteyning During his naturall Lyfe paying therefore onely the olde accustomed rent Due by my saide lease unto suche as by the said Lease it is Due and the resi- due of the yeares unexpired after his Decease my will is it shalbe at the disposicon of myne executors and overseers.
THE PARTICULIARITYES OF MY PLATE.
Imprimis, one Bason and ewer of parcell gilte Item, one nest of gilte gobletts with one cover
178 The Ancestry of John Whitney
Item, twoe white bolls parcell gilte with a cover Item, one standing cuppe Dubble gilte with a cover Item, twoe greate saltes gilte with a cover to them1 Item, one white gobblett. Item, one casting bottle gilte. Item, twoe gilte potts. Item, one pott parcell gilte. Item, one spoone bowle. Item, six gilte spoones. Item, seaven white spoones of Divers sortes.
TRANSLATION OF PROBATE.
Probate of the above written will was granted at London, before the Venerable Master William Drury, Doctor of Laws, Master keeper or Commissary &c. the 16th day of the month of June, 1581, by the oath of Francis Clerk, Notary Public, Proctor for George Whitney, William Whitney and Richard Shippam the Executors in the said will nominated, to whom was committed &c. well and truly to administer &c. being sworne upon the Holy Evangelists of God.
In the Record Office there are the fragments of parchments that were once the pleadings in a suit in Chancery, begun in October, 1595, entitled "Thomas Myll2 vs. Eustace Whitney et al," brought to estab- lish, in opposition to the foregoing will, another, made a week earlier. They originally consisted of the bill of complaint, the answer and demurrer of Eustace Whitney, and the answer of William Whit-
1 "The families of the nobles and gentry dined in the great hall with all the servants. Half way down the table stood a large salt-cellar of silver or pewter. Above this sat the master, his family, and guests; be- low it were retainers and servants of all degrees; hence the expression, to sit above, or below, the salt." "Royal History of England," p.244. 2 Married a daughter of George Whitney of Icomb, uncle to Sir James.
Whitneys of the Sixteenth Century 179
ney, uncle to the said James and Eustace. Much of the writing is destroyed by the rotting away of the material on which it appeared, but enough is left to explain why a second will was made. William, for example, makes this statement:
And this defendante further sayeth that true yt ys that all the tyme of the laste sicknes of the saide Sir James Whytney whereof he dyed, wch this defendante taketh to be the tyme when the saide Sir James Whytney did firste cause his laste Wyll and Testamente to be sett downe in Wry- tinge, there was greate displeasure or dislike betweene the saide Sir James Whytney and the saide Eustauce Whytney; But afterwards and before the departure out of this lyfe of the saide Sir James Whytney he the saide Eustauce Whyt- ney, by the medyac'on of this defendante, beynge uncle unto both the said parties was reconcyled unto the said Sir James. After wch reconcyliac'on he the saide Sir James Whytney did [and here occurs a hole in the parchment]
The sums of money mentioned show that Whitney was, in personal property, to say nothing of his es- tates, a wealthy man. "Foure hundred pounds," the amount given to Alice Price, now would only be equal to two thousand dollars, but then it was equiv- alent to nearly or quite twenty thousand dollars. Such things are relative. It will be noticed that forty shillings was then the highest pay per annum that any of Sir James's men-servants received. In the fifteenth century haymakers received only a penny a day; laborers, three half pence; carpenters, two pence; and masons, three pence.1 In the reign of Henry VIII., beef and mutton sold for a half pen- ny a pound, and veal and pork for three farthings;
1 "Royal History of England," p.155.
180 The Ancestry of John Whitney
yet fresh meat was seldom eaten by the common people, and by gentlemen only from Midsummer to Michaelmas.1 In the beginning of the seventeenth century, when King James's translation of the Bible was made, it seemed proper enough, in the parable of the vineyard, to speak of the laborers as receiving each their "penny" for bearing "the burden and heat of the day." There is an interesting subject for speculation in the question, what finally became of those articles of plate that were to "be and remayne to the howse of Whitney forever as standards never to be soulde nor removed."
1 "Royal History of England," p. 224.
Copyright © 2004, 2006, Robert L. Ward and the Whitney Research Group
Categories:
- Medieval
- England
- Herefordshire, England
- Whitney, Herefordshire, England
- Pencombe, Herefordshire, England
- Ocle Pitcherd, Herefordshire, England
- Kings Caple, Herefordshire, England
- Comwich, Herefordshire, England
- Clifton, Herefordshire, England
- Gloucestershire, England
- Icomb, Gloucestershire, England
- Wales
- Monmouthshire, Wales
- Troy, Monmouthshire, Wales
- Radnorshire, Wales
- Boughrood, Radnorshire, Wales