CRICH PARISH

which consists of the villages of Crich, Fritchley and Whatstandwell.

Will of Robert Hayward 1661

Court of Chancery: Six Clerks Office 1661:
Plaintiffs Wilcockson/Hayward. Defendants Hayward/Bagshawe and Broomehead

National Archives, Kew Reference: C6/575/196
Transcribed by Alan Wilcockson

23rd October 1661
Marsham
To The Right Honourable Edward Earl of Clarendon Lord High Chancellor of England

  1. Humbly complaining do show unto your good Lordship your orator Robert Wilcockson of Wheatcroft in the county of Derby yeoman and Elizabeth his wife which Elizabeth is administrator of all the goods and chattels rights and credits of Robert

  2. Hayward late of Bubnell in the county of Derby her late deceased uncle that whereas the said Robert Hayward in his lifetime that is to say about the month of October which was in the year of our Lord God one thousand six hundred fifty & nine was possessed of

  3. And interested in diverse lands tenements and hereditaments in Bubnell in the said county of Derby being of the yearly value of thirty pounds at the lease for the term of diverse years then to come and unexpired by virtue of a certain lease thereof to him *****

  4. In writing by the Right Honourable John Earl of Rutland which lease in writing under the hand & seal of the said Earl then was in the hands custody and possession of the said Robert Haywood and whereas likewise about the same month of October which was

  5. In the year of our Lord God one thousand six hundred fifty nine aforesaid the said Robert Haywood was possessed of diverse sums of money cattle of all sorts as horses mares oxen cows calves heifers bullocks ewes wethers1 lambs and swine and of and in

  6. Great quantities of corn and grain as wheat rye barley peas beans & oats and of and in diverse ploughs carts waynes harrows and other utensils belonging to husbandry and of and in several household goods and had likewise diverse debts ****

  7. And owing unto him by bonds and bills and other specialities which bonds bills and specialities then were in the hands custody or possession of the said Robert Hayward and being so possessed of and interested in the said premises the said Robert Hayward afterwards

  8. That is to say about the month of November in the said year of our Lord God one thousand six hundred fifty nine died intestate at Bubnell in in the said county of Derby after decease your said oratrix Elizabeth being brother’s daughter of the whole blood

  9. To the said Robert Haywood did take letters of administration of all the goods and chattels rights and credits of her said deceased husband from those who then had power to grant the same by virtue whereof she ought to hold and enjoy the said lands

  10. Tenements and hereditaments so denused as aforesaid for and during so much of the said term as was to come and unexpired at the time of the decease of the said Robert Hayward and ought to have all of the said cattle household stuff corn and other goods

  11. And the bills bonds and specialities and the debts due and owing upon the same and every of them ; But now so it is may it please your good Lordship that Godfrey Hayward aforesaid husbandman Elizabeth Hayward of Bubnell aforesaid

  12. Widow Henry Hayward of Bubnell aforesaid husbandman James Bagshawe of Hulland in the said county of Derby husbandman and Ellen his wife and John Broomehead aforesaid gent combining themselves together to deprive your said orator(x)

  13. Of the said moneys goods cattle & chattels of the said deceased Robert Hayward of the said lease for years bonds bills and specials having gotten the same into their hands custody or possession or into the hands custody or possession of some

  14. Other person or persons in trust for them or for their use or uses do secret conceal and detain the same from your said orator contrary to all right equity and good conscidure although it be well known to the confedrators and every of them that

  15. The same do of right belong your said oratorix and although your said orator have often in fair and gentle manner requested the said confederators and every of them to deliver the same unto your said orator in tender consideration

  16. Therefore of all the said premises as for as much as your said orator not knowing the dates number and contents of the said Indenture of lease and other writings and specialities nor whether the same be contained in a Bagge seal

  17. Or trunk in chest locked nor the number quantity and species of the said cattle and other goods nor in whose hands custody or possession the same do now remain and destitute of any remedy for the recovery thereof by the strict rules of

  18. The common law of this realm do hope that upon discovery thereof made by the said confederates or of four of them your orator shall therein releecced in equity before your good Lordship to the end therefor that that the said Godfrey Hayward

  19. Elizabeth Hayward Henry Hayward James Bagshawe & Ellen his wife and John Broomehead and every of them upon their several corporal oaths may set forth and discover what sum or sums of money horses mares oxen cows sheep

  20. Swine or other cattle and likewise what corn grain household goods bonds bills specialities or writings which did belong unto the said Robert Hayward at the time of his decease have since that time come to the hands or possession of the said

  21. Confiderator or any of them or any other person or persons by them or any of their direction or appointment and to whom in particular and likewise what lands tenements hereditaments were by the said earl of Rutland demised to the said Robert

  22. Hayward in his life time and for what term and how much of the said term is yet to come and unexpired and likewise what is become of the said lease in writing and by the said orator decree of the honourable court may be ordered to deliver the

  23. Same **t*er take said orator to whom they do of right belong and that the same confiderators and every of them may true full and perfect answer make unto all and singular the premises and your orators may be releecced therein according to equity ****

  24. Conscience may it please your good Lordship the premises considered to grant unto your (said) orator his majesties most gracious writ of subpoena out of this honourable court to be directed unto the said Godfrey Hayward Elizabeth Hayward Henry Hayward James

  25. Bagshawe & Ellen his wife and John Broomehead and every of them thereby commanding them and every of them at a at a certain day and under a certain pain therein to be limited to be personally appear before your good Lordship in this

  26. Honourable court then and there upon their several corporal oaths to make true full and perfect answers unto all and singular the premises and to stand unto and abide such order and decree therein as to your good Lordship may seem to be

  27. Agreeable to right equity and good conscience and your said orator as in duty bound shall daily prey for your honourable health and happiness long to continue

Hugh Balman

1Wether: a male sheep i.e. a ram

 

Home| Genealogy Index