MMDF Chapter Eight Appendix

Reference to Henry Baylemond

Memorials of the Danvers Family, FN Macnamara, 1895, pp. 304-305

Macnamara's Memorials of the Danvers Family Centennial Edition - 1995, Editors: Gary Danvers & Jane Webster, p. 8-34

APPENDIX TO CHAPTER 8

LONDON.  CORAM REGE ROLL, HILARY, 2 RICHARD III, NO.7, M.66.

Richard Pole late of Isylworth in co. Midd. Esq. was attached to answer to Henry Danvers of plea why with force & arms he took away Edward Stradlyng kinsman & heir of Edmund Stradlyng being under age, whose marriage belonged to the said Henry, living at London, against the will of the said Henry & against the peace of the King.  Thereupon the said Henry by James Starky his attorney complains that whereas Richard de Dauntesey Knt. was seised in his demesne as of fee of 1 mill, 20 a. of land, 3 a. of meadow, 3 a. of pasture & 20 a. of wood with appurts. in Dauntesey in co. Wilts & held the same of William late Abbot of Malmesbury by knights service, to wit, homage & fealty, & to the scutage of the King 40d when there shall happen 40s., of which services the said Abbot was seised in right of his said house by the hands of the said Richard de Dauntesey.  The said Richard so seised enfeoffed Hugh Gernen & Henry Baylemeund, to hold to them & theirs heirs for ever.  They, being so seised, gave the said premises to Richard Dauntesey son of the said Ric. Dauntesey Knt & Katherine his wife, & to the heirs of the said Richard & Katherine; for default fo such issue, the premises to remain to the right heirs of the said Ric. Dauntesey Knt.  By virtue whereof the said Ric. & Katherine were seised of the premises in their demesne as of fee-tail, & they had issue John.  After their death the premises descended to the said John as their heir.  John had issue John & died, after whose death the premises descended to the said John son of John.  The said John had issue Walter to whom the premises descended.  The said Walter died without heirs, after whose death said premises descened to Joan his sister.  Joan had issue Edmund to whom the premises descended & who entered into the same & was thereof seised as of fee-tail & had issue John who had issue Edward.  Afterwards the said John father of the said Edward died, and the said late Abbot died, after whose death John late Abbot of Malmesbury was chosen Abbot there.  The said Edmund being so seised of the premises one William Davy entered upon his possession thereof & disseised him.  The said William had issue Thomas to whom the premises descended.  The said Thomas entered into the said premises & was thereof seised in his demesne as of fee, and so seised he enfeoffed thereof Richard Fowler, Esq., Thomas Boteler, Esq., Richard Chambarleyn, Esq., Richard Danvers, Esq., John Langston, Esq., Thomas Rokes, Esq., Thomas Fowler, Esq., Drugo Brudenell, Esq., Thomas Tremayll, Thomas Lovedon, Richard Boteler & Thomas Fayrewell:  to hold to them, their heirs & assigns for ever.  Afterwards the said Edmund died, the said Edward being under age, to whom as kinsman & heir of the said Edmund the premises descended.  On the 1st January, 14 Edw. 4 [1475] there proceeded out of the Court of Chancery a certain writ of formedon in descender (de forma donationis in descender) against the said Ric. Fowler & the others above mentioned, directed to the Sheriff of Wilts, wherein it is supposed that the said Ric. Fowler & the other have unjustly deprived the said Edward of 1 mill, 20 a. of land, 3 a. of meadow, 3 a. of pasture & 20 a. of wood in Dauntesey.  The said writ was returned to Westminster within 15 days of Hilary, & the said Edward by Thomas Gurney his guardian demands the said premises.  The said Ric. Fowler, &c. &c. cannot deny the action of the said Edward Stradlyng, nor that the said Hugh Gernon & Henry Baylemond gave the premises to the said Richard Dauntesey & Katherine & to their heirs, nor that the said premises were the right of the said Edward.  It is therefore considered that the said Edward shall recover seisin of the premises against the said Ric. Fowler, &c. &c.  & a writ was sent to the Sheriff of Wilts commanding him to cause the said Edward to have his seisin which was accordingly done, the said Edward being still under age.  The said Henry declared that the custody of the said Edward belonged to the said John late Abbott until the 26th February, 14 Edw. 4, when the said Abbot gave the custody & marriage of the said Edward to the said Richard Fowler, to hold until his coming of age.  So seised, the said Ric. Fowler made his Will in London in the parish of St. Lawrence in Old Jewry in the Ward of Cheap, & appointed Joan his wife to be his executrix who by virtue thereof became possessed of the wardship of the said Edward & remained so until the 6th Sept., 21 Edw. 4 [1481] when she gave to the said Henry the said wardship & marriage, to hold until the said Edward should be of full age.  By virtue whereof he held the same until the 27th day of June, 1 Ric. 3 [1483] upon which day the said Richard seised & carried away the said Edward, whereby he (Henry) has sustained damage to the amount of £1000.

The said Ric. Pole says that Henry Danvers ought not to maintain his action because the said Edmund Stradlyng was seised of the manor of Merden in co. Wilts in his demesne as of fee which he held of Thomas Langford by fealty & the yearly rent of 1 rose.  After the death of the said Edmund the said manor descended to the said Edward as his kinsman & heir, to wit, son of John, son of Edmund, then being a minor, by virtue whereof Alice Stradlyng his mother took him into her custody, and she then married the said Richard Pole by pretext whereof they were possessed of the custody of the body of the said Edward until the said Henry Danvers took him away.  Afterwards the said Richard in right of his said wife took the said Edward out of the possession of the said Henry Danvers as it was lawful for him to do.

[The case was not finished at the time of publishing in 1485.]

Top

Digital edition first published: 1 Mar 2020             Updated: 12 Jul 2023                garydanvers@gmail.com