Thursday, January 10, 2013

Will of Benjamin Baynard of Lacock gentleman - The National Archives - PROB 11/165/674, probated 11 Jun 1634

Benjamin Baynard (the testator) is also a son of Edward Baynard and Elizabeth Warnford. Again like Philip he is deeply attached to his mother who has raised this large family since her husband has died when all the children are less than 15. It was a short marriage for Elizabeth Warnford (circa 1561) and then her husband dying in 1575. Since she has now died by the time of the writing of this will but still alive in 1613 she was perhaps a fairly young woman when she married Edward then in his early 40s.

Wiltshire Notes and Queries (volume III, 1899 1901) has a lengthy article on the Baynard family of Lackham and gives the following birth order for this family: 1 Edmund (died young), 2 Robert (son and heir), 3 Nicolas, 4 John, 5 Giles, 6 Philip, 7 Edward, 8 Benjamin, 9 Mary, 10 Anne. Strange that Benjamin was left out of the will itself and only mentioned in a codicil.

This will I was somewhat hopeful might mention his Blake cousins and I had not gotten around to reading it in the two years since we photographed it. But again he had a lot of aunts and uncles on both his mother and his father's side and the Blake cousins would now be second cousins and not living at Lacock but rather at Pinhills.

Of note the Baynard family continued at Lackham through ten successive generations coming down from Edmund Baynard married to Elinor Bluet. Benjamin has named his brothers Sir Robert Baynard, Gilles Baynard and Edward Baynard (Philip has already died but no mention of Nicolas of John). He is related to the Johnson family of Bowdon, to the Latham family, to the Wakeman family of Tewkesbury (Gloucestershire), and lists a number of Baynard cousins so is a very helpful will to anyone researching the Baynard family.

Unfortunately no mention of the Blake family which includes the daughter's married surnames of Bull, Goddard and Langridge (I have not traced down any daughters of these houses though which could change this statement). But by this time they are second cousins  are not close enough perhaps to mention plus the lateness of the marriage of Edward when his children are born gives quite a gap in years between these second cousins.. 

Transcriber: Elizabeth Kipp
Recorded: 8 Jan 2013
Source: The National Archives, PROB 11/165/674
Testator: Benjamin Baynard, gentleman
Place: Lacock, Wiltshire, England
Date of document: 2 May 1634, probated 11 Jun 1634
Relationship: son of Edward Baynard and Elizabeth Warnford
Read: Electronic copy images
Document quality: 17th century English, legible copy

[Margin]: T[estament] Beniamin
[Margin]: Baynard

1    In the name of God Amen I Benianym
2    Baynard of Lacocke in the Countie of Wilts gent knowing there is
3    nothing more certayne to man then death and nothing more uncertayne then
4    the tyme thereof this present day being the second day of May Anno d[o]m[ini]
5    one thousand six hundred thirtie foure doe make this my last Will and
6    Testament in forme following First I com[m]end my soule unto th[e ]allmighty
7    God from whom I received the same doe desire that my bodie may bee buried
8    in the Church of Lacock in Baynards I[s]le with my Ansestors and as
9    neere unto my mother there as conveniently will admitt But if it shall please
10    God to call mee out of this mortall life soe farre from home that conveniently I may not bee
11    brought to Lacocke Church my bodie then to be interred in that parish wheresoever it
12    shall please God to call mee hopeing and assuredlie trusting by the mercy of God in
13    Christ Jesus my onely Savyour and Redeemer that both bodie and soule shall at the
14    generall day of the comeing of my Lord and Savyour to iudgement bee restored to
15    life everlasting Secondly I doe by this my last Will revoke and annihilate and make
16    frustrate all former Wills and deeds of gifts formerly made to bee voyd and of none effect
17    Item I give unto the Cathedrall Church of Sarum Five shillings Item I give unto the
18    parish Church of Lacocke Five pounds to bee bestowed in a Gallery whensoever the
19    parishoners or some other good Benefactors shall make the same wherein I desire that Mr
20    Stapleton or the Minister for the tyme being with two others chosen to him may determyne
21    the make thereof Item I give unto the poore of Lacocke parish Five pounds to bee bestowed
22    in one hundred loaves of bread and meate and both meate and bread worth twelve pence to bee
23    distributed by my Executors overseers and my servant John Bond takeing first a note of the
24    poorest people in the parish and soe given them by name in particular Item whereas I have
25    an estate of copyhold tenure for terme of my life and the life of my wel[l ]beloved cosen Mr
26    George Johnson of Brogbrough in the Countie of Bedfordshire Esquire granted by the
27    name of George Johnson of London London Merchantaylor in the said Copie of Court Rolle
28    of the Mannor of Lackham whose name I onely used as in trust by reason of my mothers
29    feare by reason that if should destreze in her tyme the Rever[s]ioner should bee the same unto her
30    as I myselfe according to my bounden duty to suffer her to live in my house and take her
31    contentment in all whatsoever shee granted to mee did thereupon nomynate my said cosen
32    Johnson whole love and kindnes and my cosen Katherine his wife I have alwaies found
33    extraordinaire to mee undeserved of mee Item my will is that my said cosen Johnson and
34    his wife that for my dwelling house orchard Garden and Mill and grounds to it belonging
35    in a Copie grannted the houses of Ladds liveing in a second Copie granted Eldredge arrables
36    in the third copie that my said cosen Johnson shall take the third part thereof and profitts
37    ariseng thereof dureing his estate if I decease before him For the other two parts of all the
38    profitts I desire it may bee disposed of according to this my last my last Will here under written
39    Item my will is that my trustie and loong carefull servant John Bond and his wife have the
40    mill and keeping one house at highe pounds by the yeare and the worse end of my house
41    to dwell in whereby not to trouble my cosen Johnson and his wife Item whereas j terms
42    of yeares in the lower part of Boyery Copice in Bonden parke conteyning twelve acres
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43    or thereabouts The terme of the same copie which shall bee unexpired at my decease my
44    will is that my cosen Mr George Johnson and his wife shall have the one half of the Fellett
45    everie yeare for their fueing if they live here at my house to bee spent at will th[e ]other halfe to
46    bee accomptable to my personall estate And my Will is that my cosen Johnson of Bonden
47    if hee desire it shall have the copie Lease Five pounds better cheape then the worth thereof and
48    not to bee sould from him till he refuse the same Touching my lease in the Moiety of Newlands
49    meade during Mr Snells life or eleaven or twelve yeares of his estate in Loxwell my will is
50    my Executors make the most of it and allow John Bond five shillings per Annum besides
51    his daies worke to order the same for my Executors touching all my Sheriffs bonds the
52    Quietus est for the grand som[m]es paid unto the Eschequer Quietus est for Recsasants Quitus
53    est for Clerke of the parcells releases upon payments execu[t]ion moneyes They are all made
54    up and in boxes in my lodgeing Chamber at my house at Mill and are to bee found by my
55    servants John and Anne Bond Touching my debts I owe unto my cosen Davenant of
56    Whiddy Island in Ireland Fiftie pounds which my Cosen Wm Johnson is bound with mee
57    to pay at a yeare And touching my Quietus est and writings before men[t]ioned in the office of
58    Undershri[e]valty for Sir Robert Baynard my brother which I thanke God was honestly and
59    faithfully performed on my point and never anything questioned to trouble my said brother
60    or his land and performed without any trouble to him There are yet the Wichells to bee
61    taken order for which if it please God I live I will take order for I have susteyned much care
62    and great losse in that Shreevalty and long tyme of expense and soe have been everie
63    terme and is unto mee to looke unto it and all for Sir Robert Baynards good and quiettnes
64    to him and his estate yet I would not that any trouble should come upon him or his land though the
65    burden bee myne both to bodie and expences Therfore my desire is that my Executors make use of
66    Mr John Tidcombe of the seize whom I have employed in all my busines and take some other Attorny
67    to examyne the right proceeding thereof I have had poore satisfac[t]ion of my Sheriffs bonds but I
68    have payd May Smith Bailiffe of the C of Chippenham at six shillings eight pence according
69    to agreement upon the pound and hath in his hands money which hee received of myne in his
70    hands which will appeare in my booke of Totts in a parchment booke in folio Touching my debts
71    oweing mee they shall bee found written what they owe (if please God) with all other particulars
72    of my personall estate The other proffits of the of the two third parts shall arise out of my liveing
73    I give unto Robert Baynard and Edward Baynard the sonnes of my brother Gills and Edward
74    Baynard to bee paid yearelie by myne Executors provided that all my debts and legacies bee first
75    paid out of it if my estate fall too short Touching my Corne Cattell and goods whatsoever
76    my will is it bee valued to my personall estate to pay my legacies debts provided that my
77    house have necessaries for conveniencies for my cosen George Johnson and his wife whensoever it
78    please them to use it There is in my house the thyngs belonging to my cosen Robert Baynard
79    viz[ a vi]t two chests and deske w[hi]ch John Bond knowes which they are and also some writings of
80    his made up I desire theyn may bee delivered to him whensoever hee desire it Also I have
81    received a yeares rent of Five pounds and odd money which John Bond knowes of I will it bee
82    payd him as is sett downe in my booke of Me[rchan]d Item I give unto my brother Gills Baynard
83    his wife and daughter persons tenne shillings apeece To my brother Sir Robert Baynard my
84    trencher gilt salt and cover To my neece Mrs Marie Baynard I give a little cypresse
85    box with locke and key which Nan Bond will shew which it is Item I give unto my brother
86    Edward Baynard tenne pounds And I give unto his daughter the Five pounds shee owes me
87    To Captayne Baynard and all his children being one sonne and four daughters tenne
88    shillings apeece To my cosens Thomas Baynard his sonnes and my cosen Harry Baynard
89    his brother tenne shillings apeece My cosen George Baynard his wife and children tenn
90    shillings apeece To all my cosen Johnsons daughters of Brogbrough tenne shillings apeece
91    And to my cosen Winnifred Latham and cosen Katherine Walker a cypres box to each of
92    them with locks and keyes of two and twentie inches long To my cosen William Johnson of
93    Bowdon I give my danaske rapier To my cosen his wife my suite of fine Table cloth
94    napkins and towell wrought with white worke To my cosen Edward Baynard Thomas
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95    and William tenne shillings apeece To my neece Wakeman of Tewksbury I give twentie
96    shillings to my cosen Mr William Latham tenne shillings To Mr John Smith of Wotton
97    Mr James Lydall Mr John Tyecomb tenne shillings apeece To my cosens Mr Brabram
98    Mrs Redman and Mrs Owen tenne shillings apeece To my Godsonne William Johnson
99    fortie shillings to bee bestowed in a heifer for him To Mr Stapleton Vicar of Lacocke
100    twentie shillings To the Clarke and Sexton of Lacocke Church five shillings apeece To
101    those foure that carry mee to buriall five shillings apeece To the highwayes I give Fortie
102    shillings to bestowed by exec on Wayshill toward a beginning a cowsway The same to bee
103    done and directed by my cosen Johnson To my most loving cosen Mr Edward Davenant
104    of Whiddy twenty shillings to bee made in a ring in token of my love To Mr Doctor Hencham
105    tenne shillings To Mr Hunt the preacher tenne shillings I give unto John Bond my
106    servant all my apparrell boots shooes etc excepting my chamllett suite my cloth suite laced
107    with satten lace my blacke cloake And to Anne Bond his wife all my lynnen except
108    such as shall bee necessary for my cosen George Johnson and his wife but afterwards that
109    too I give her my best hatt For the residue of all my goods Chattells household stuffe my will
110    is that my Executor value it to my personall estate all whatsoever I shall not give in my life
111    tyme And for the true performance of this my last Will and Testament I make and ordeyne
112    my cosen William Johnson of Bowden and my cosens Mr Edward Davenant of Ireland
113    and Mr Doctor Davenant his sonne to whom I give twentie shillings my full and sole Executors
114    of this my last Will and Testament assuring my selfe they will performe the most instly
115    written with my owne hand the day and yeare first above written By mee Ben: Baynard
116    wittnes to this my last Will and Testament Henrie Newprie John Smith Signam Johis
117    Bond James Liddall

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