Wyveliscombe (Somerset) Chancery Suit – Full Transcription
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Document: Robert Bennett et al. v. Dame Winifred Daniell, William Daniell &
Thomas Daniell

Date context: late 16th century (Elizabethan), Court of Chancery

Addressed to: Sir John Puckering, Lord Keeper of the Great Seal

Place-name corrected throughout to Wyveliscombe (modern Wiveliscombe).

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PAGE 1 – BILL OF COMPLAINT
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To the Right honorable Sir John Puckeringe knighte Lorde keper of the greate
Seale of Englande

Humbly compleyninge sheweth unto your good Lordshippe your daylie Orators
Robert Bennett Robert Bennett Philippe German and John Wyllys of
Wyveliscombe in the Countye of Somerset yeomen freholders of certaine lands
and other profitts to the use of all the Inhabitants of the towne of
Wyveliscombe in the saide Countye That whereas the Auncient estate in the
said Gilbert Bourne late Byshoppe of Bathe and Wells in the saide Countye of
Somerset deceased was in his life tyme lawfully seised unto him selfe and to
his heires of and in the mannor and demesne of Wyveliscombe als Wyveliscombe
in the saide Countye of Somerset and of and in divers lands meadowes
pastures and pastures to the same mannor belonging and of and in the
profitts of the marketts and fayers from tyme to tyme to be holden and kept
as in the demesne or tenure of Wyveliscombe and of and in divers lands and
other profitts and commodities within the saide towne of Wyveliscombe And
the saide Gilbert Bourne beinge so thereof seised did make and devise his
last will and testament in wrytinge and therby did leave to his successors
and successours of the Deane and Chapter of Wells for the tyme beinge and to
their successors for ever for the better maintenance and support of the same
and also for the releife and comforte unto the poore and needye of the poore
people of Wyveliscombe aforesaide did by his last will and testament
bearinge date on or aboute the Thirde daye of Januarye in the firste yere of
the raigne of our Soveraigne lady Elizabeth the Queene that now is who did
therby grante and lett unto Roger Brydges and to Richard Hill then
Churchwardens of the parishe of Wyveliscombe in the saide Countye of
Somerset and to Richard Henrye Dennye Rychard Thomas Bagge James Bagge
Jerome Olyffe Rychard Dyer John Dyer John Neyre Peter Swayne John Pope
Philippe German Lawrence Tegge Thomas Newall Robert A Dyer John Winterton
John Wyllys and Robert Bennett all those his Stalls Stalles or standinges
sett or beinge in the markett place or place of the saide Burroughe of
Wyveliscombe als in the name of Wyveliscombe in the saide Countye of
Somerset then late before in the tenure of one Robert Osburne and Peter
Osburne and all the profitts and commodities thereunto belonging together
with the profitts and commodities of the said Stalles and standinges in the
Streete Court or in the markett dayes and fayer dayes in the yere of all
persons other then the Inhabitants of the said towne and also the free or
franchise of the place where a Crosse called the hye Crosse at that tyme dyd
stande with certaine grounde and buildinge for markett people to stande upon
in the markett tyme together with the profitts of weighing all yeare and
other commodities to the said markett belonging to Peter Swayne and to Alice
his wife all such standinges as they then accustomed should sett duringe
their lives paying to the parishe of Wyveliscombe yearlye some rente for the
same To have and to hold the saide premisses to the saide Roger Brydges and
Richard Hill theire executors and to the saide Richard Henrye Dennye and to
their assignes from the feast daye of the Annunciation of our Lady then next
followinge for the terme of fowerscore and nineteene yeares then next
followinge fullye to be complete and ended yielding yearlye rent and other
and performing other covenants and agreements mentioned and expressed in the
said wrytinge Indenture as in and by the same maye at large appeare the
counterpart whereof your said Orators named for some of them of the said
Originall lease of said premisses and grante and every thinge therein
conteyned was afterwards under the firste yere of the raigne of our
Soveraigne lady Queene Elizabeth by the Deane and Chapter of the Cathedral
Church of Wells sealed with their common seale ratified allowed and
confirmed after the demyse and lease so made to them the said Churchwardens
and parishioners of the said parishe of Wyveliscombe as aforesaide And after
the said Gilbert Bourne was departed of and from this life Byshoppe of Bathe
and Wells and afterwards one Gylberte Bourne was elected and created
Byshoppe of the said Sea of Bathe and Wells and the said Gylberte Bourne
continued Byshoppe of the same by the space of twentie yeares or thereabouts
and afterwards aboute two yeares last past the said Gylberte Bourne did by
his last will and testament in wrytinge make and ordayne one Thomas Bourne
and Alice his wife executors of the said last will and testament and the
said Thomas Bourne did enter into the said mannor and premisses and was
thereof seised as of an estate of freehold as in the righte of his said
Byshoppricke and so beinge so seised about two yeares now last past by his
deede in wrytinge did give and surrender in land and acknowledged and
enrolled in the said Court of Chancerye and granted the said mannor of
Wyveliscombe in all its members and appurtenances unto our moste gracious
Soveraigne lady Queene Elizabeth for a greate number of yeares then ensuing
by force of which grante so made her Majesty was possessed of the said
mannor of Wyveliscombe aforesaide and her Majestie beinge so thereof
possessed for divers good considerations her highnes of speciall grace did
by her highnes letters patents sealed with her greate seale of Englande
grante and assigne all her terme and interest for yeares aforesaide in the
said mannor and other the premisses to Sir George Danie knighte by force
whereof the said Sir George Danie entered into the said mannor and premisses
and was thereof possessed and so beinge so thereof possessed the said Sir
George Danie made his last will and testament in wrytinge and therby did
ordayne Dame Wynifrede Danie his wife executrix and dyd devise sell and
leave the said Dame Wynifrede Danie of executrixe of the said last will and
testament of the said Sir George Danie entered into the said mannor of
Wyveliscombe and other the premisses and was and yet is possessed of the
said mannor of Wyveliscombe for divers yeares yet to come and unexpired Now
so it is maye it please your good Lordshippe That your said Orators and
other the Inhabitants of the towne and parishe of Wyveliscombe aforesaide
have manye yeares peaceably and quietlye enjoyed and enjoyed the aforesaide
Stalls and all other the premisses to them demysed by the said Gylberte
Bourne sometime Byshoppe of Bathe and Wells accordinge to the true intente
and meaninge of the said recited lease or grante from the tyme of the
makinge of the said lease hitherto without any manner of lett of the said
Byshoppe or any of his successors or any of them or of the said Sir George
Danie or of the said Dame Wynifrede Danie or of any of them or of any other
person or persons whatsoever And your said Orators have allwayes payed their
Rents dues and charges as of right and accordinge to the said lease to the
said Orators and others named as aforesaide unto the said Gylberte Byshoppe
of Bathe and Wells and to his successors accordinge to the several
assignments thereof and any other contents in the said lease from the
makinge of the same until now were latelye accepted the said Rents but also
have given good and full allowance to your said Orators lease of the
premisses and never sought by any means to impugne or call the same in
question from the tyme of the makinge thereof until of late Within these
three yeares past and aboute also that the said Sir George Danie beinge
possessed of the said mannor of Wyveliscombe as before said whereof the
premisses in the aforesaid lease made to your said Orators and others do
part as before said dyd in his life tyme faithfullye promise and vowe to
certeyne of the parishioners of Wyveliscombe aforesaide that if there were
anye question my said Orators lease that he would to the uttermoste of his
power to make the same perfecte yet now the said Dame Wynifrede Danie and
William Danie gent eldest sonne of the said Sir George and Thomas Bourne of
Wyveliscombe farmers of the same or some of them have and enter the
aforesaide Originall lease made by the Gylberte Bourne to your said Orators
and others the parishioners of Wyveliscombe as aforesaide in sette hand and
seale and all manner to impugne and confute the same lease to the damage and
losse of your said Orators and to accept the rente thereof payinge the said
lease and affirme and give forth diverse and sundrye speaches that the said
lease is not a good nor a perfecte lease and that the same is voyde for that
the same was made by the said Gylberte Bourne without the consente of the
Deane and Chapter of Wells or without anye lawful authoritie and that the
same is not accordinge to the statute or otherwise and to the greate hurte
hinderance and damage and certaine of a greate number of the Inhabitants and
poore people inhabitinge in the towne of Wyveliscombe aforesaide have soe
long enjoyed as aforesaide and for as unto them an estate for terme of this
behalfe In tender consideration whereof and forasmuch as your said Orators
finde not the certaine date nor content of the said originall lease now
whereof the same is conteyned as it is mentioned for the havinge or gettinge
of the same lease as also by the course of the common lawes and without the
havinge and perusinge thereof of the same lease as is ready to be shewed
your said Orators maye be therefore at large of your Lordshippe the humble
suite of your said Orators is that the Queenes moste excellent majestye will
of her moste gracious favor be pleased to the said originall lease or
otherwise order and decree that the same maye be produced and shewed before
your good Lordshippe or in her highnes Court of Chancerye and that your said
Orators maye have a copie thereof and that the defendants maye be ordered to
answere the premisses and that your said Orators maye have such further
order and direction therein as to your good Lordshippe shall seeme to stande
with equitie and good conscience And your said Orators shall daylie praye
etc.

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PAGE 2 – DEMURRER AND ANSWER OF THOMAS DANIELL
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The demurrer and answer of Thomas Daniell one of the defendants to the bill
of complaint of Robert Bennett Robert Bennett Philippe German and John
Wyllys complainants

The said defendant by protestacion saith that the same bill of complaint is
untrue uncerten and insufficient in the lawe to be answered unto devised by
the said complainants of a troublesome disposition rather to put the said
defendant to wrongfull trouble expence costs and charges then for any just
matter or cause either in conscience or equitie whereof they claime
allthough where matters therin conteyned if they were true are determinable
by the common lawes of this Realme by which the said complainants maye have
their remedie for which causes as also for that the matters mentioned in the
said bill appeare not or concerne not this defendant to answere he the said
defendant demurreth in lawe upon the said bill and humble submitteth
himselfe to the judgement of this courte whether he be to make any answere
therunto But if by the order of this courte this defendant shalbe ruled to
make any answere to the said bill Then this defendant for answere therunto
saith that to his knowledge he hath not in his possession or keeping neither
at any time to his like knowledge hath had the said supposed originall lease
mentioned in the said bill of complaint to be made by the said Gilbert
Bourne unto the said complainants and others of them in the said bill named
But the same lease if any such be for any thinge this defendant knoweth is
in the keeping of the said complainants or of some or one of them or of some
other person or persons by them or some of their assignees consente or
appointment where they maye as this defendant supposeth have the same at
their pleasure And this defendant is ready to shewe that if the said
complainants have any such lawfull lease or estate of and in the said
Stalles and other the premisses mentioned in the said bill from the said
Gilbert Bourne as is spoken of in the said bill but if they have any such
the same hath some such defectes foyle or imperfection as this defendant
thinketh And that the complainants came to have the same without adventure
or any further appeare and be manifested without that that any other matter
or thinge conteyned in the said bill materiall or essentiall by this
defendant to be answered unto and not herein sufficiently answered unto is
or avoided traversed or denyed to the knowledge of this defendant is true
whereof this defendant is ready to aver and prove as this honorable courte
shall award and prayeth to be dismissed out of the same with his costs and
expences in this behalf wrongfullie susteyned

Tho: Hill

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PAGE 3 – JOINT ANSWER OF DAME WINIFRED DANIELL AND WILLIAM DANIELL
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The joynt and severall answers of Dame Winifred Daniell widow and William
Daniell sonne of the said Dame Winifred Daniell two of the defendants to the
bill of complaint of Robert Bennett Robert Bennett Philippe German and John
Wyllys complainants

The said defendants by protestacion saye that the same bill of complaint is
untrue uncerten and insufficient in the lawe to be answered unto devised by
the said complainants of a troublesome disposition rather to put the said
defendants to wrongfull trouble expence costs and charges then for any just
cause or title either in conscience or equitie And they further saye and
each of them for him and her selfe saith that the same and determinable by
the common lawes of this Realme by which the said complainants maye have
their remedie But neverthelesse for further declaration of the truth of the
matters therein conteyned and for answer unto the same bill unto these
defendants saye The said Dame Winifred Daniell for her selfe severally saith
that as she is advised by her learned counsell the said complainants have
not any estate or interest of or in the said Stalles Stalles standings
profitts commodities and other the premisses mentioned in the said bill of
complaint to be demised by the said Gilbert Bourne deceased unto them the
said complainants and others of them named in the said bill of complaint
neither have the said complainants or the said Dame Winifred Daniell any
lawfull estate or interest of or in the said premisses or any of them as is
supposed to be demised unto them as aforesaide or came or will (as the said
defendants thinke) make or convey any further estate or demyse from the said
Gilbert Bourne as is supposed by the said bill nor is the said Dame Winifred
so minded for that she beinge an auncient widow and hath often tymes in
wayes said and denyed such made or can be made meanes and request as well
unto the said complainants or some of them as to others as aforesaide and
hath offered or caused to be offered unto the said complainants or some of
them or unto others of the said parishe verye favourable composition and
buyinge of agreement concerninge the said premisses which tenders of hers
and intreaties of the said defendants as they have been heretofore given to
understand the said complainants or some of them have refused and neglected
and have as these defendants have been likewise informed given out in
speaches that the said Dame Winifred should not have right of the said
premisses And for further answer the said Dame Winifred Daniell saith that
she is ready to trye the title by lawe And is advised by her learned
counsell that the complainants have not any lawfull title or estate to the
said Stalles and other the premisses But that the same of right belongeth
unto these defendants by force of the same lease and demyse mentioned in the
said bill of complaint to be made by the said Thomas Bourne unto her
Auncestor more excellent title of the said mannor of Wyveliscombe with the
appurtenances whereof these Stalles standings and other premisses are parte
and parcell as in the said bill is mentioned And these defendants further
saye that it is unreasonable that so greate a yearlye rent should be paid
for so small a parte of the said mannor of Wyveliscombe under the color of
the said supposed lease And that the said mannor is not so meane as the same
rent requireth the landes belonging to a farme of value And as to all
lawfull meanes to make the best benefitt and advantage of and upon the said
mannor with the appurtenances especially for that the same is also demised
in one great lease or sale of the estate and regarding the performance of
the last will and testament of the said Sir George Daniell her late husband
deceased these defendants is and are the said executrix and heir And these
defendants further saye that not to their knowledge neither claimeth she
have the late Sir George Daniell or any of them or any other person or
persons by their appointment or any of them or with some other of the said
parishe of Wyveliscombe to have any right title or estate of or in the said
mannor or other the premisses with their appurtenances or any parte thereof
by the said Gilbert Bourne to them demised or otherwise appear as open right
title or other estate which never they or any of them did claime to have the
premisses supposed to be from the said Gilbert Bourne as is aforesaid by
color whereof they made a deed under hand and seale made unto the said
complainants and others of them that they should be now well able only at
the least for the lease of the same as is sett forth any thinge these
defendants knowe have done without that that to the knowledge of the said
defendants or either of them the said originall lease supposed by the
complainants to be made by the said Gilbert Bourne unto the said
complainants and others of them named in the said bill of complaint is good
or valid in lawe And without that that any other matter or thinge conteyned
in the said bill materiall or essentiall by these defendants or either of
them to be answered unto and not herein by them or one of them for so much
as concerneth his her or knowledge sufficiently answered unto or avoided
traversed or denyed is true All which matters these defendants are ready to
aver and prove as this honorable courte shall award and praye to be
dismissed out of the same with their and either of their reasonable costs
and expences in this behalf as to this courte shall seeme good

Tho: Hill

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PAGE 4 – REPLICATION OF THE COMPLAINANTS
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The replication of Robert Bennett Robert Bennett Philippe German and John
Wyllys complainants to the joynt and severall answers of Dame Winifred
Daniell widow William Daniell and Thomas Daniell defendants

The complainants for replication saye and each of them for himself saith
that the said joynt and severall answers of the said defendants are untrue
and insufficient in the lawe to be replied unto for divers and sundrye
faultes and imperfections therein conteyned and not containing all
advantages of exceptions to the insufficiency thereof at all times hereafter
to the said complainants to be saved They the said complainants for further
replication saye that they and every of them will and doe averre and
maynteyne upon their oaths all and every the matters and things by them in
their said bill of complaint sett forth to be true in such manner and forme
as they in their said bill of complaint have alleaged And for further
replication and averment of the truth of the cause of the said lease
mentioned in the said bill of complaint they and each of them saith that the
said Gilbert Bourne mentioned in the said bill of complaint for the love he
bare unto his neighbors and parishioners of Wyveliscombe and for the releife
of the poore people therein by and upon other just and good considerations
by the said indenture mentioned in the said bill of complaint did demyse
unto the persons therein named in the said bill of complaint the said
Stalles standings marketts and other the premisses and commodities of
Wyveliscombe aforesaide and the site of certaine grounde there and that the
same lease was afterwards confirmed by the Deane and Chapter of Welles as in
the said bill of complaint is truly sett forth And they further saye that by
the same lease the said complainants and others named to receive a yearelye
revenue by the said demyse an overplus over and above the said Byshopps and
for the better mayntenance of the poore of the said parishe and that the
same lease was by them to receive a better advantage at the willes of
yearlye of the said Byshopps upon the said lease granted conteyned in the
said lease as well a reasonable rent as also other covenants of payments of
payments of certaine summes of money and other things not hurtfull or
prejudiciall to the said mannor or Borough of Wyveliscombe and also a
further summe of money which could be raised among the people of the said
towne in case all other their owne private and other just things that to the
stocke of the poore intended to their greater releife for the keeping
thereof of poore and distressed persons more provident to the approbation
and allowance of him the said mannor according to the said auncient customes
as by them like greate seales and expences have been used When the said
townes marketts or marketts were for people to stande upon and in accordance
to the true intente and meaninge of the said lease And they further saye
that they have always been ready that allowance should be given to the
greater number of the marketts and to all of the townes people the same to
be by them to stande upon being ready to receive and keepe a market as and
also that they have never at costs in the time of peace beene denied out of
the profitts of the said marketts thereby longe of manye townes the profits
of their yeares the defendants should have had in greater degree or manner
either by themselves or meanes for their private benefit And further they
saye that they have longe enjoyed by the said lease by the space of fortye
or fiftie yeares together without any interruption made at least allowed or
excepted for and before the said Byshopps successors continually they have
beene to knowledge ready to be for ordered as by the Byshopp Bourne and his
successors therof or by the said Sir George Daniell after that he or they
were possessed of the said mannor or by any other person whatsoever and that
they have always answered the rents and other burdens due by the said lease
by them of late by themselves or their assignes from time to time the said
lease continue to all rights equitie and good conscience according to the
former acceptation and allowance of the said lease as appeareth in the
course of this suite and further saye that if there were any such
imperfection in the said lease it would make it void which last in them to
declare And further the said complainants will and doe averre that it was
never meant by the said Byshopps or any of them that the lease should not be
made good or that the said Dame Winifred Daniell should be allowed to do any
manner or to bring inconveniences rather to continue in worse manner such
made or caused to be made meanes or requests as well unto the said
complainants or some of them as to others of the said parishe of
Wyveliscombe to have the lease as in the said answers is sett forth and
alleaged but rather whereby of no meane cause the said complainants have
just cause to sue to take some advantage for that the defendants of the same
Or that the knowledge of the said complainants is true as is alleaged or may
be made to appear unto the said complainants or some of them unto some
others of the said parishe without that that any other matter or thinge
materiall or essentiall in the said bill of complaint by the said defendants
or any of them to be answered unto and not herein sufficiently answered unto
or avoided traversed or denyed is true And without that that any other
matter or thinge by the said defendants or any of them alleaged in their
said answers materiall or essentiall to be replied unto is true All which
matters the said complainants are ready to averre and prove as this
honorable courte shall award and praye as they in their said bill of
complaint have prayed

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