Sir Robert Baynard, the testator, was the second eldest son of Edward Baynard and Elizabeth Warnford (their eldest son Edmund died as an infant). He married Ursula Stapleton (daughter of Sir Robert Stapleton of Wighall in the county of Yorkshire. They had two children Edward (died young) and Maria mentioned in the will. Maria married Captain James Montague who was the third son of Henry the Earl of Manchester.
Although Sir Robert very carefully detailed the descent of his house first down to the tenth son and beyond for Maria and James plus any daughters and thence to his sibling's children, Maria and James had a very large family of eleven sons and two daughters. Lackham continued in the Montague line down to the early 1800s.
Diana, Princess of Wales and hence Prince William (2nd in line to the throne) are descendant of this family (Mary Baynard and James Montague). Their son James Montagu married Diana Hungerford 30 May 1671 and their son James Montague married Elizabeth Eyles . Their son John Montagu married Sophia Wroughton 15 Dec 1748 and their son George Montagu married Charlotte Wroughton 9 Oct 1783. It was their daughter Georgiana Montagu who married Vice Admiral Sir John Gore 15 Aug 1808 in London. Their daughter Anne Frances Gore married 1st Earl Howe, Richard William Penn Curzon 9 Oct 1845 at Great Witley in Worcestershire. Their daughter Lady Mary Anna Curzon-Howe married 2nd Duke of Abercorn, James Hamilton 7 Jan 1869 in London. Their son James Albert Edward Hamilton, 3rd Duke of Abercorn married Lady Rosaline Cecilia Caroline Bingham 1 Nov 1894 in London. Their daughter Lady Cynthia Elinor Beatrix Hamilton married Albert Edward John Spencer the 7th Earl Spencer 26 Feb 1919 in London. Their son Edward John Spencer the 8th Earl Spencer married the Honourable Frances Ruth Burke Roche and these two were the parents of Lady Diana Frances Spencer.
The will helps to tie together all of the siblings of Sir Robert as his parents had a very large family plus his relatives stretching back to his grandparents Robert Baynard and Anna Blake who also had a large family. The will was used (with the will of his brother Edward) to help produce the Visitation Chart for Baynard in Wiltshire. Although Sir Robert mentions that his brother Edward is already deceased his will was not probated until August 1640 and will be the last Baynard will to be transcribed in this series of Baynard wills. The missing will of Robert Baynard probated 12 Oct 1537 is in Latin and will take a little time. I am missing three wills for this family from 1415, 1501 and 1536 which I will try to acquire in the future. There are more wills past 1640 but I will probably not acquire them as they will not likely be useful for the Blake family research that I am doing.
Sir Robert names his son in law Captain James Mountague and daughter Mary Mountagu his heires with respect to most of his property. He then names his nephew Robert Baynard (only son of Giles Baynard his brother), his nephew Edward Baynard (son of his younger brother Edward) as his heirs in case of default of any grandchild to him. Next named is his niece Elizabeth Wakeham. He mentions a number of kinspeople - William Barrett of Allington, Bersheba Shell, William Whatley, Robert White, Elizabeth White and her husband Thomas, Thomas Burford, Elizabeth Sherwood (daughter of Susan Sherwood). Another set of cousins Sara White, George Baynard, Thomas Smith, Andrew Smith, Thomas Baynard (of Wanstrow and he is the son of his brother Thomas). A cousin Henry Baynard and a nephew Colonell Talbott. Another cousin Thomas Warneford (nephew of his mother). Robert Eyre (one of his executors) is another kinsman. One entry is interesting Robert Baynard alias Chamberlyn. Thomas White (another executor) is also his kinsman.
The will is probably an excellent source for descendants of the Baynard family as the many relations are not mentioned in the Visitation although a good number of them are.
Transcriber: Elizabeth Kipp
Recorded: 15 Jan 2013
Source: The National Archives, PROB 11/179/554
Testator: Sir Robert Baynard, knight
Place: Lackham, Wiltshire, England
Date of document: 16 Mar 1635, probated 28 Mar 1639
Relationship: son of Edward Baynard and Elizabeth Warnford
Read: Electronic copy images
Document quality: 17th century English, legible copy
[Margin]: T[estament] Sir
[Margin} Roberti
[Margin]: Baynard
[Margin] Milits
1 In the name of God Amen the
2 Sixteenth day of March Anno domini One Thousand six hundred thirtie
3 Five I S[i]r Robert Baynard of Lackham in the countie of Wilts knight
4 being sicke and weake of bodie butt of sounde and perfect mynde and memory
5 (thankes be unto god therefore) and desireing in this my perfect memorie
6 soe to settle and dispose of such worldlie estate as it hath pleased God of his
7 goodnes to bestowe uppon me that it be not a trouble and perplexitie unto me
8 when it shall please god to call me out of this troublesome worlde to the disquieting of
9 my soule and confiture (w[hi]ch I labour to prepare for gods most Blessed visita[t]ion),
10 And for the quieting of my said estate that noe contention or strife may after my decease
11 arrise or growe concerneing the same doe therefore make and declare my last will
12 and Testament by theise pr[esen]ts, And First I bequeath my soule into the hands of the
13 Allmightie God the Creator and giver thereof hopeing and constantlie beleiveinge
14 through the alone merritts of his onely sonne and my mercifull Redeemer Jesus
15 Christ to receave remission and forgivenes of all my sinnes and to be made partaker of
16 his heavenlie kingdome after this life ended, As for my body I com[m]end the same to the
17 earth from whence it came to be decentlie buryed according to my degree and qualitie
18 att the discretion of my Executors hereafter named, Item I give and bequeath to the
19 Church of St Peter and St Paule within the Cittie of Bath Twenty shillinges, Item
20 I give to the poore people of the Cittie of Bath Five poundes to be disposed of att the
21 discretion of the Maior and Justices of the said Cittie for the tyme being, Item I give
22 and bequeath to the parish Church of Lacock in the said county of Wilts Twenty
23 shillinges, Item I give unto the poore people of the said parish of Lacock Five pounds
24 to be disposed of att the discretion of the Overseers of the poore of this said parrish
25 of Lacocke, Item I give and bequeath unto my sonne in lawe Captaine James
26 Mountague and unto my daughter Mary Mountagu his wife, All that myne
27 Manor of Lackham in the said county of Wilts with all the rights, members
28 and appurten[an]ces whatsoever together w[i]thall horrses, edifices, buildinges
29 barnes, stables, dovehouses, courts, yards, backsides, gardens, orchards, Warrens,
30 Mills, landes, tenem[en]ts, meadowes, pastures, woods, underwoods, marshes, Commons, Wasts,
31 heaths, piscaries, waters, ponds, pooles, fishings, Reversions, services, Rents, and
32 all other hereditaments whatsoever to the same Mannor belonging or in anywise
33 appertayneing or accepted, reputed, taken or enioyed as parte, parcell or
34 member of the same, And allsoe all rever[s]ions, rents and services incident unto
35 the same, And all other my Mannors, Farmes, houses, edifices, buildings, Mills, barnes
36 Stables, dovehouses, Courts, Yards, Backsides, Landes, tenements, meadowes, pastures,
37 woods, underwoods, marshes, Com[m]ons, Wasts, heaths, piscaries, Waters, ponds, pooles,
38 Fishings, rever[s]ions, services, Rents and all other hereditaments whatsoever w[hi]ch
39 I the said Sir Robert Baynard have within the said County of Wilts, To have and to
40 hould the same unto the said James Mountagu and the said Mary my daughter For
41 and during the terme of their naturall lives and the longest liver of them, And after
42 their decease then the same to remayne unto the first sonne of the said James Mountague
43 to be begotten on the body of the said Mary and to the heires males of the body of such First
44 sonne lawfully to be begotten, And for default of such yssue, Then the same to remayne
45 and be unto the second sonne of the said James Mountagu to be begotten on the body of
46 the said Mary Mountagu and to the heires males of the body of such second sonne
47 lawfully to be begotten, And for default of such yssue, Then the same to remayne
48 and bee unto the Thirde sonne of the said James Mountagu to be begotten on the
49 body of the said Mary Mountagu and to the heires males of the body of such thirde
50 sonne lawfully to be begotten, And for default of such yssue, Then the same
51 to remayne and be unto the Fouerth sonne of the said James Mountagu to be begotten
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52 on the body of the said Marie Mountagu and to the heires males of the body of such
53 Fouerth sonne lawfully to be begotten, And for default of such issue, then the same to
54 remayne and be unto the Fift sonne of the said James Mountagu to be begotten on the
55 body of the said Mary Mountagu and to the heires males of the body of such Fift sonn
56 lawfully to be begotten, And for default of such yssue, Then the same to remayne
57 and be unto the Sixt sonne of the said James Mountagu to be begotten on the body of
58 the said Mary Mountagu and to the heires males of the body of the said such sixt sonne
59 lawfully to be begotten, And for default of such yssue, Then the same to remayne
60 and be unto the Seaventh sonne of the said James Mountagu to be begotten on the body
61 of the said Marie Mountagu, and to the heires males of the body of such seaventh
62 sonne lawfully to be begotten, And for default of such yssue, Then the same to
63 remayne and be unto the Eight sonne of the said James Mountagu to be begotten on
64 the body of the said Marie Mountagu and to the heires males of the body of such
65 Eighte sonne lawfully to be begotten, And for default of such yssue, Then the same
66 to remayne and be unto the nyneth sonne of the said James Mountagu to be begotten on
67 the body of the said Mary Mountagu and to the heires males of the body of such nyneth
68 sonne lawfully to be begotten, And for default of such yssue, Then the same to remayne
69 and be unto the tenth sonne of the said James Mountagu to be begotten on the body
70 of the said Marie Mountagu, and to the heires males of the body of such Tenth
71 sonne lawfully to be begotten, And for default of such yssue, Then to all and every
72 other sonne and sonnes of the said James Mountagu to be begotten on the body of the
73 said Marie Mountague as they shall growe in senoritie and in age one after
74 the other respectively, and to the heires males of the body and bodies of such other
75 sonne and sonnes as they shall growe in senioritie and in age one after the other
76 respectively to be begotten, And for default of such yssue, Then the same to remayne
77 and bee unto the daughters of the said James Mountagu to be begotten on the bodye of
78 the said Mary Mountagu and to the heires of the bodies of such daughters
79 lawfully to be begotten, And for default of such yssue, Then the same to remayne and
80 bee unto the First sonne of the body of the said Mary lawfully to be begotten on
81 hir body by any other husband and to the heires males of the body of such first
82 sonnes lawfully to be begotten, And for default of such yssue, Then the same to
83 remayne and bee unto the second sonne of the said Mary lawfully to be begotten on
84 hir body by any other husband and to the heires males of the body of such second
85 sonne lawfully to be begotten, And for default of such yssue, Then the same to remayne
86 and bee unto the Third sonne of the said Marie lawfully to be begotten on hir body
87 by any other husband and to the heires males of the body of such Thirde sonne
88 lawfully to be begotten, And for default of such yssue, Then the same to remayne
89 and bee unto the Fouerth sonne of the said Mary lawfully to be begotten on hir
90 body by any other husband and to the heires males of the body of such Fouerth sonne
91 lawfully to be begotten, And for default of such yssue, Then the same to remayne and bee unto
92 the Fifte sonne of the said Mary lawfully to be begotten on hir body by any other
93 husband and to the heires males of the bodie of such Fifte sonne lawfully to be begotten, And
94 for default of such yssue, Then the same to remayne and bee unto the Sixt sonne
95 of the said Marie lawfully to be begotten on hir body by any other husband and to
96 the heires males of the body of such Sixt sonne lawfully to be begotten, And for
97 default of such yssue, Then the same to remayne and bee unto the Seaventh sonne
98 of the said Mary lawfully to be begotten on hir body by any other husband, and to
99 the heires males of the body of such Seaventh sonne lawfully to be begotten, And for
100 default of such yssue, Then the same to remaine and be unto the Eight sonne of the said
101 Marie lawfully to be begotten on hir body by any other husband and to the heires
102 males of the body of such Eight sonne lawfully to be begotten, And for default of such
103 yssue, Then the same to remayne and bee unto the nyneth sonne of the said Mary
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104 lawfully to be begotten on hir body by any other husband and to the heires males
105 of the body of such nyneth sonne lawfully to be begotten, And in default of such
106 yssue, Then by the same to remayne and bee unto the Tenth sonne of the said Mary
107 lawfully to be begotten on hir body by any other husband and to the heires
108 males of the body of such Tenth sonne lawfully to be begotten, And for default
109 of such yssue, Then the same to remayne and bee unto all and every other sonne
110 and sonnes of the said Mary lawfully to be begotten on hir body by any other
111 husband as they shall growe and bee in senoritie and maye one after the
112 other respectively and to the heires males of such sonne and sonnes one after
113 the other respectively to be begotten, And for default of such yssue, Then the
114 same to remaine and bee to the daughters of the said Mary lawfully to be
115 begotten on hir body by any other husband and to the heires of the bodie of
116 such daughters lawfully to be begotten, And for default of such yssue, Then
117 the same to remayne and bee unto my Nephew Robert Baynard the onely
118 sonne of my brother Giles Baynard and to the heires males of his bodie lawfully
119 to be begotten, And for default of such issue, Then the same to remaine and bee unto my
120 Nephew Baynard the onely sonne of my younger Brother Edward Baynard
121 lately deceased and to the heires males of the said Edward my Nephew lawfully
122 to be begotten, And for default of such issue, Then the same to remayne and bee
123 unto the right heires of me the said Sir Robert Baynard forever, Item I
124 give and bequeath unto my said Nephew Edward Baynard the some of Twoe
125 hundred poundes of lawfull money of England, Item I give and bequeath
126 unto my neece Elizabeth Wakeman One hundred poundes, And if shee
127 shall decease before this my legacies due or payable, Then my will is that
128 the same be equallie devided amongst hir children, Item I give and bequeath
129 unto the children of William Barrett of Allington my kynsman Fifty
130 poundes to be equally devided amongst them, Item I give and bequeath unto
131 Bersheba Shell my kynswoman the use of Twenty poundes during hir
132 natural life, And my will is that after hir decease the said Twenty poundis
133 shal[l ]be equallie devided amongst hir children, Item I give unto William
134 Whatley my kynsman and his children the some of Twentie Markes in money
135 to be equally devided amongst them, Item I give unto Robert White my kynsman
136 Twenty poundes, Item I give unto my cosine Elizabeth White (wife unto my
137 loveing kynsman Thomas White late of Bromham in the said countie of Wilts)
138 One hundred pounds, Item I give unto my cozen Thomas Burford of the
139 Cittie of Bath aforesaid Twenty pounds, Item I give unto Elizabeth Sherwood
140 daughter of Susan Sherwood of the said Cittie of Bath widdow towards
141 hir advancement in marriage Twelve poundes tenn shillinges, Item I give unto
142 my cozen Sara White Five poundes, Item I give unto my cozen George Baynard
143 and his sonnes to either of them Five poundes, Item I give unto all the sonnes of
144 Thomas Smith of Hilperton my kynsman Twenty poundes to be equally
145 devided amongst them, Item I give unto all the children of Andrew Smith
146 late of Bromham aforesaid deceased Twenty poundes to be equally devided
147 amongst them, Item I give unto my cozen Thomas Baynard of Wanstrow
148 the younger my best Guelding w[hi]ch I shall leave at the tyme of my decease to be
149 delivered unto him within the space of One and Twenty daies immediately
150 after my decease, Item I give unto the grandchildren of my cozen Henry
151 Baynarde deceased Thirty poundes to be equallie devided amongst them, Item
152 I give unto my Nephew Colonell Talbott one peece of hangings w[hi]ch formerly
153 was my Lady Stapleton's his grandmother's, Item I give and bequeath unto
154 Thomas Warneforde of Hankerton in the countie of Wiltes Esquier my
155 kynsman Forty shillinges to buy him a Ringe, Item I give and bequeath unto
156 [Page 4]
157 John Duckett of Hartham in the said countie of Wilts Esquier the some of Forty
158 shillinges to buy him a Ringe, Item I give and bequeath unto Robert Eyer of Little
159 Chawfeild in the said countie of Wilts Esquire my kynsman Forty shillinges to
160 buy him a Ringe, Item I give and bequeath unto Henry Baily of Chippinh[a]m
161 in the said countie of Wiltes Esquire the some of Forty shillinges to buy him a
162 Ringe, Item I give and bequeath unto Robert Baynard alias Chamberlyn the
163 some of Fifty poundes of Currant English money, Item I give and bequeath
164 unto the Minister whoe shall preach att my Funerall the some of Forty shillings,
165 Item I give and bequeath unto the Clarke and Beadsman of the parish where
166 I shal[l ]be buryed and to such persons as shall carrie my bodie to the Church to be
167 buryed and to such persons w[hi]ch shal[l ]be Ringers of the Bells att my Funerall
168 the some of Five poundes of currant English monie equallie to be distributed
169 amongst them, Item I give and bequeath unto my servant John Burcombe the
170 some of Tenn poundes of currant English money, Item I give and bequeath unto my
171 servant William Fisher the like some of Tenn poundes, Item I give and bequeath
172 unto Anne Fisher my servant the like some of Tenn poundes, Item I give and
173 bequeath unto my servant Bartholomew Breding the like some of Tenn pounds,
174 Item I give and bequeath unto Thirtie poore labouring people of the parish of
175 Lacocke in the said countie of Wilts such as the said Mr John Duckett, Mr Henry
176 Baily and Mr Thomas White shall thincke fitt Fouer Nobles a peece to buy
177 them blewe gownes to keepe them Warme, Item I give and bequeath unto tenn poore Labourmen persons of the parrishe of Chippinham aforesaid such as the said Mr Duckett, Mr Baylie and Mr Thomas White shall thincke fitt fouer nobles a peece to buy them blewe gownes to keepe them warme, Item I give and bequeath unto tenne poore Labouringe persons of the parrishe of Cosham in the said countie of Wiltes such as the s[ai]d Mr Duckett, Mr Baylye and Mr White shall thincke fitt fouer nobles apeece to buye them blewe gownes to keepe them warme, Item I give and bequeath unto Tenn
178 poore labouring persons of the parish of Melsham in the said countie of
179 Wilts such as the said Mr Duckett Mr Baily and Mr White shall thincke fitt
180 Fouer Nobles apeece to buy them blewe gownes to keepe them warme, Item I
181 give and bequeath unto Tenn poore labouring people of the parish of Bromham
182 aforesaid such as the said Mr Duckett, Mr Baily and Mr White shall thincke fitt
183 Fouer Nobles a peece to buy them blewe gownes to keepe them warme, Item my will
184 is that if my sonne in lawe Captaine James Mountague shall contyune gratefull
185 and peaceable to mee and my Executors w[i]thout any disturbance of me or them and
186 shall rest himeselfe well sattisfied with this my last will and Testament,
187 Then all my furniture, goods, hangings and housholdstuffe whatsoever within my said
188 Mannor house of Lackham (Except the said peece of hanging before given and bequeathed
189 to Colonell Talbott) shall immediately after my decease bee and remaine to the sole
190 and proper use of the said James Mountague my sonne in lawe and the said Marie
191 Mountagu my daughter as my proper guift unto him and hir, Butt if the said
192 Captaine James Mountagu, or any other person or persons by his sufferance
193 or contentment shall trouble disturbe or interrupte me or my Executors in the
194 due performance of this my Will guifts or bequests or any parte thereof or
195 shall by any wayes practice or indeavour to make voide or nullifie the same,
196 Then my will is that the said hangings, goods and housholdstuff whatsoever last
197 memo[r]ised shall from thenceforth and forever after bee and remayne att the
198 absolute use and disposition of my Executors hereafter named, Item my Will
199 and meaning is, That all such monies and goods (w[hi]ch shall remayne and bee
200 after my legacies being fullie paid and the costs and charges of the probate
201 of the probate of this my last Will and Testament and the expences of my
202 Funerall being discharged) shall goe, remaine and bee unto my said Executors
203 hereafter named for their paines and faithfull care in the execu[t]ion of this my last
204 Will and Testament yf I shall not before my decease otherwise appointe and
205 dispose of them by my declara[t]ion in writing under my hand and seale wittnessed
206 by three or more credible wittnesses, And of this my last Will and Testament I
207 ordayne constitute and appointe for my Executors mye beloved kynsman
208 Thomas Baynard of Wanstrowe aforesaid the younger Esquier my saide
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209 kynsman Thomas White late of Bromham aforesaid Esquire and Mr Thomas
210 Colborn of Lacocke aforesaid relying and trusting in their care and fidelite to
211 execute this my last Will and Testament according to the true intent and meaning thereof,
212 And for the better performance of this my last Will and Testament I most
213 humblie crave that my right honorable Lord Thomas Lord Coventry keeper
214 of the great Seale of England and the right honorable Henry Earle of Manchester
215 Lord Privie Seale and the right honorable Francis Lord Cottington Master
216 of his Maiesties Court of Wards and Liveries wil[l ]be noblie pleased to be my
217 Supervisors or Overseers of this my last Will and Testament and to cause
218 my Executors to perform the same according to the true intent and meaneing thereof,
219 And that these my Noble Lords wil[l ]be likewise honorablie pleased to accept of this my
220 last legacie to their Lordshippes (viz[ a vi]t) to each of their Lordshippes Twoe silver
221 Flaggons of Twentie markes apeece with their severall crests Supporters and
222 Coats of Armes engraven on each Flaggon and otherwise to be decentlie and
223 artificially made and presented unto their Lordshippes by one or more of my
224 Executors within one Yeare after my decease, In Witnes whereof I the said
225 Sir Robert Baynard have unto this my last Will and Testament sett my
226 hand and seale of Armes the day and yeare first above written Revokeing
227 hereby all and every other Will and Wills by me formerlie made per me Robert
228 Baynard Reade, sealed, signed and published in the p[re]sence of Geo: Flye
229 Charles Gore, Ra: Childe, Robert Rendall, Stephen Boswick, Edward Hatton
