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Research Comments
from Stemmata Shirleiana page 334-335
Hutchins, in his History of Dorsetshire, (*1) makes the following
mention of a family of Shirley seated at Bagbere, in the parish
of Sturminster Newton, in that county:--
Of late years the Joyces and Shirleys have, by degrees, purchased
all or the greater part of this hamlet. The Shirleys have been
long seated here; 36th Henry VIII. William Peter, of Milton,
co. Hants, sold thirty-eight acres of land here to William Shirley
of Bagbere, whose descendants acquired a pretty considerable
estate here, and and in these parts, now (1774) possessed by
_____Shirley , esq. No pedigree of these two last-mentioned families
occurs in the visitation book of this county. The Shirleys
are said to have purchased Bagbere from the Stork family in the
reign of Henry VIII. It appears by and inquisition on the death
of William Shirley, (*2) that he died on the 14th of September,
1545, possessed of "Bagbere," and of this family was
no doubt William Shirley, of Christ Church, Oxford, a very learned
divine, born at Blandford, "perentibus probris et claris,"
rector of Huish Combflower, in the diocese of Wells, and incumbent
of Shapwick, in Dorsetshire; author of "The Episcopal Government,"
set forth in a sermon at the Visitation of Blandford, anno 1640.
4to. London, 1662. He died August 31, 1658, aetatis suae 57,
and was buried at Shapwick, where there is a mural monument to
his memory.
There are no sepulchral inscriptions for the Shirleys of Bagbere,
now supposed to be extinct, in the parish church of Sturminster
Newton, nor are they noticed in the registers before 1690.
The old mansion at Bagbere, where the family resided, is about
a mile and a half north-west from the town of Sturminster, on
the other side of the river Stour; it stands on the side of a
retired lane, and appears to have been rebuilt about the reign
of Charles II. and altered about Queen Anne's time. On a tablet
above the door is the coat of Shirley, Paly of six, a canton
ermine; impaling, quarterly; 1 and 4, a bed; 2. Or, two bear's
jambs erased in chevron; 3. Three pales, on a chief three roundels;
crest, a Saracen's head, full-faced, wreathed about the temples.
The house is now (1841) much gone to decay, and inhabited by
a farmer. On one side are the remains of an old-fashioned garden,
with a yew hedge; a farm of 160 acres of rich land, with right
of common, belongs to the house, in 1841 the property of Mr.
William Henning of Dorchester, by purchase from a Mr. Lewis,
who bought it from the Shirleys.
*1. Vol ii. p. 411
*2. In the Prerogative Court of Canterbury, Kent Co. is a will
preserved of Thomas Shirley of Clements Inn, gent. proved 1564/5.
He was of this family as he mentions a lease of lands he held
in Dorset County, kept in Castle of Sturminister Newton. His
children were: Thomas, William, Nicholas and Joan. This is
wrong. They are Thomas' brothers and sisters.
Outline of Wills and Abstracts
1. William Sherley - PM Inq 1545 "of Bagbere"
- Likely father of 2nd generation below
2. Thomas Sherley of Clements Inn London and Lyndlynch-
Will 1565
- 1565 Sherley, Thomas, gent, Clementes Inne, London; Lydlynche,
Dorset
Thomas Sherley of Clements Inn London gent Last Will and Testament.
To brother William Sherley in the farme called Long Tuchill in
the countie of Dorset of Sturminster Newton, and farme called
Muskatte to William within the parish of Lydlynche in Dorset,
to my brother Nicholas, land lyinge in Drome within the countie
of Somerset, to my sister Joan, brother William executor. Dated
5 Dec 1564. Signed in the presence of Michaell Henrsane Thomas
Hoxton Stephen Brente, Thomas Handwicke, Thomas Yorke, Frances
Clibery, Thomas Harte. Proven by William Sherley 1565 PCC 11/48
p 206
2. William Sherley " of Haselbere Bryan"
brother. Inherited Lyndlynch from brother Thos. Involved in dispute
over land at Lydlynch 1609
2. Nicholas Sherley "of Bagbere" brother
(need Will)
1562/3 1) 5th year of Eliz. (Folio 447) - William Loveday
v. Nicholas Cherley.-Lands at Bagber in Sturmyster Newton Castell.
1576/7 - 18 Apr, 19 Eliz, Nicholas Sharly of Bagbour in
Parish of Sturminster Dorset yeoman to Wm Younge of same place
Yeoman - Merchant Bond
1617 Shorley,
Nicholas: Dorset; Post Mortem Inquisitions 15 James I. C
142/649/86; tenements in Sturminster Newton in Dorset, Drome,
Bagber and Cera Porham [mentions Wiltshire and Salisbury, Cranborne].
William Sherley, son and heir.
3. William Shirley - (named in Joan's Will) - of Bagbere
m. Mary - Will 1619. Owned Haselbere Bryan.
SHERLIE, William m. Marie ____ 6 Aug 1582 at Hazelbury Bryan
- 1619 Sherlie, William Bagber, (Sturminster Newton), Dorset
LW&T of William Sherlie of Bagber 14 July 1618, to be buried
in the churchyard near my father, to poor of Sturminster Newton,
Mary Sherlie my wife lease of tenament in Haselber Brian, to
William Sherley my son, daughter Dorothy, out of my lands in
Bagber within parish of Sturminster aforesaid, son William executor,
friends Jonadab Sherlie and John Sherlie my bretheren to be overseers.
Proven by son William Sherlie 1619. PCC 11/133 p 256
4. William Shirley (possibly below)
- 22 Sep 1629 William Shirley Bagbere Dorset gent to relict
Mary Shirley. bef Milchisadeck Waltham and Ric Swayne clks 12
aug 1630 Dorset Administrations
SEE POSSIBLE LINEAGE CONTINUING OF ANDREW SHIRLEY BELOW
4. Dorothy Shirley
3. Leonard Shirley (son of Nicholas -per Joan's Will)
3. Thomas Shirley (son of Nicholas -per Joan's Will)
3. Jonadab Shirley (son of Nicholas -per Joan's Will
- married Elizabeth Pitt (b about 1565), dau of John
Pitt by Joan, dau of John Swayne of Blandford Dorset. Hampshire
Visitation. Sister of Sir William Pitt whose descendants became
the Lord Rivers and of whose family later became Earls Chatham
(Prime Minister of Great Britain)
-
- On 15 November 1605, just days after Guy Fawkes attempted
to blow up Parliament, Blandford received the charter of incorporation
from King James I. ...The charter also states that the bailiff
and chief citizen was Edward Machem, and the capital burgesses
and councillors were Edward Machem, John Rawlinson, Robert Keynel,
John Cleaves, Christopher Cornage, John Pitt, Jonadab Sherley,
John Gawler, George Harbin, Robert Swaine and Thomas Pitt.
-
- Endnotes: Jehonadab Sherlye (p 128, 1.5) was one of Blandford's
most prominent citizens between 1590 and 1630. Like John Cleeves,
one of those responsible for the ales of the early 1590s that
were held to raise money for the new Blandford guildhall, he
was steward in 1598-9, 1599-1600, 1600-1, and 1601-2 and - judging
by the sum paid him for his expenses - he was one of the more
important organizers of the celebrations surrounding the races
in 1603-4 (p 132, 1.13) He was bailiff in 1604-5, chamberlain
in 1606-7, bailiff in 1611-12, and chamberlain again in 1616-17.
On 30 May 1615 Blandford's bailifff placed town money in Sherlye's
hands; Sherlye was to pay for the use of the money to benefit
the poor in Blandford's almshouse.
Bailiffs of Blandford Forum (note: early parish records
for Blandford destroyed by fire)
1631 Jonadab Sherley
1638 Jonadab Sherley
1639 Ezra Sherley
1647 Ezra Sherley
4. Ezra Shirley of Blandford of Blandford Forum woolen
draper - Will 1648 (son Ezra named as nephew to William Shirley
of Blandford making him his brother)
- 1648 Last Will and Testament of Ezra Sherley of Blandford
in county of Dorset woolen draper to be buried in church in Blandford.
To daughter Maria Sherley, to daughter Elizabeth Sherley and
Mabell Shirley, wife Maria executrix, to son Ezra Sherley, to
my servant Anne Oliver, lands in parish of great Sunford and
Blandford, lands of Kingston, wife's furniture, upon death of
my mother, loving brother Mr. William Savage and Mr. William
Sherley of Shapwicke, Mr Richard Savage of Doneligh overseers,
to poor of Blandford. Dated 31 Oct 1648. Signed in presence of
William Sherley, Augustine Drake. Proven by Maria Sherley 1649.
PCC 11/207 p 66
married Mary Savage 20 Sept 1625 at Bloxworth Dorset
- 1674 Shirley, Mary of Compton Valance, Dorset (original
will)
Dated 5 Feb 1673. Widow. To grandson Robert Pelham goods in house
of son in law Robert Pelham of Compton. To grandaughter Mabel
Still, Grdau Mary Pelham, Grdau Eliz Pelham, Grdau Mabel Pelham,
Grdau Mary Pelham.
-
- 5. Ezra Shirley- son of Ezra Shirley Sr. (also named
in 1657 Will of William Shirley) - died before 1666 (the date
of his aunt Jane Shirley's death, widow of uncle William Shirley
of Blandford). Sisters Maria Pelham, Mable Shirley and Elizabeth
Shirley named as co-heirs in Chancery suit regarding the estate
of uncle William Shirley of Blandford.
-
- 5. Maria Shirley - heir of father Ezra Shirley of
Blandford Forum gent. She was buried 23 Jun 1710 married Robert
Pelham of Compton Valence esq bur 12 Nov 1682.
-
- Note: Grandfather of Robert Pelham was Herbert Pelham
of Sussex who married Elizabeth West, sister of Lord de la Warr
who in turn married Cecily Sherley of Wiston Sussex
-
- Chancery Court Pleadings
C/6/54/83 Sherley vs. Pelham. Jane Sherley, Roger Heigham, William
Major, and Jonadab Savage vs. Robert Pelham, Mary Pelham and
Mary Sherley. Blandford Dorset - no date. (this is involving
the estate of William Sherley 1657)
-
- 6. Robert Pelham - named in grandmother Mary Shirley's 1674
will
6. Mary Pelham - named in grandmother Mary Shirley's 1674 will
6. Elizabeth Pelham - named in grandmother Mary Shirley's 1674
will
6. Mabel Pelham - named in grandmother Mary Shirley's 1674 will
5. Elizabeth Shirley 1655 Will. Named in father's 1649
Will
- Will of Elizabeth Sherley late of Blandford Forum Dorset
spinster, memorandum dated 2 Mar 1655. Last Will and Testament
by word of mouth, to sister Mabel Sherley executrix, Mary Shirley
daughter of her sister Pelham. Signed Agnes Short. Proven 30
May 1655 by Sister Mabel Sherley. PCC 11/245 [Quire 119]
5. Mabel Shirley -1st wife of John Still of Shaston
St James of Dorset esq; He age 33 in 1677; sheriff in 1689
4. Jane Shirley - unmarried as of 1657. Likely married
______Major, , as son William Major was a party to the suit in
1670 Chancery regarding William Shirley's estate. Jane was not
named.
5. William Major of London, Mercer. Identified as "nephew"
to William Shirley of Blandford in Chancery suit of 1670
4. sister m. William Savage (named in 1657 Will of
William Shirley)
A Ridout family pedigree says Ann Shirley d/o Jonadab Shirley
m. George Savage, gent of Blandford Forum. Their daughter Ann
m. John Ridout, grocer of Blandford Forum
5. Jonadab Savage (named in 1657 Will of William Shirley);
Plaintiff in 1670 chancery suit compelling his cousins and heirs
of Ezra Shirley, dec'd to sell land of William Shirley of Blandford,
dec'd
5. Elizabeth Savage (named in 1657 Will of William Shirley)
4. William Shirley born 1602. He lived at Shapwick
and Blandford . Buried 3 September 1657 at Shapwick Dorset (another
register 31 August 1657)
married Jane________
- 1657 Shirley, William clerk of Shapwick Dorset
LW & T of William Shirley, wife to be executrix, sell land
at Blandford, my three nephews William Mason [Major?], Ezra Shirley,
and Jonadab Savage, to cosen Rober Heigham, my sister Jhaion,
to cosen Elizabeth Carpender, to neice Elizabeth Savage, to church
deacons, sermons noted and written locked in my study, to Thomas
Pitt and my cosen Walter Ryddout, to poor of Shapwick, to Walter
Garvey, to my servant Thomas Lacey, to wives servants Margaret
Coxe and Hester Turner, to Nicholas Gerrard. Will dated 15 Aug
1657 in presence of Thomas Gerrard, Frederick Sagestany. Proven
by Jane Shirley relict and executrix Oct 1657. PCC 11/268 p 270
-
- Oxford University Matriculations
William Sherley of Dorset, gent. Christ Church, matric May 19,
1620, aged 18; B.A. Jan 22, 1620-1. M.A. June 26, 1623. B.D.
Trinity Term 1631; rector of Steepleton Iwerne 1630, vicar of
Shapwick 1633, rector of Huish Champflower (all in Somerset)
1637.
-
- [See full Chancery lawsuit at bottom of page]
-
- Married Jane Haskett
-
- 1668 Will of Sherley, Jane of ____ 32 in Archdeconry Court.
Died 1666 (per Chancery suit of 1670)
-
- 668 Sherley, Jane of Shapwicke (original will)
To sister Martha Haskett. Money for a monument for my husband
deceased. To Poor of Blandford Forum. To Thomas Haskett son of
my brother Roger Haskett. Cousin Roger Jones son of my sister
Christian Jones. Cousin Richard Harris son of my sister Harriet
Deneifed. Cousin Roger Heigham. My seal ring the Shirleys names
to my cousin Mabel Sherley. Silver pouring well was my mother
Sherleys.
(NOTE: THIS BRANCH DIED OUT IN THE MALE LINE )
3. Nicholas Shirley (son of Nicholas -per Joan's Will)
Post Mortem Inquisition -1617/18 - Nicholas Shirley of
Dorset 649/86
3. John Shirley (brother of William - per his 1619
Will)
2. Elizabeth Sherley - (named in Joan's Will) married
John Shorte
3. John Shorte
3. William Shorte
3. Edye Shorte
2. Joan Sherley sister d 1567
1567 Will of Joane Sherleys of Bagbere in the parish of
Sturminster Newton Castle [Dorset] , to the churche of Sturmister,
to poor of Bagber, to my brother Nicholas, my brother William,
To William Sherlye Leonard and Thoamas the sonnes of my brother
Nicholas, and to Jonadab and Nicholas their brothers, to my sister
Elizabeth Shorte, to John Shorte and William the sonnes of my
brother John Shorte and to Edye their sister, children of my
cozen William Russell, cozyns Steven Hurrle and Joane his sister,
to my brothers Nicholas, William and John Shorte. Dated 22 Jan
1567. Proven 1567 at Blandford. Abstracted in Somerset and Dorset
Notes and Queries "Dorset Wills in the Archives of the Dean
and Chapter of Bristol xxiv, 51, 89, 112
April 12 1544 - Feb 15 1547 Henry WYNTER, Anne his wife,
and Joan SHORLEY, v. John BLATHET.: Detention of deeds relating
to messuages and land in Blandford Forum late of William Shorley,
yeoman, deceased, father of the female complainants.: DORSET
PRO - C 1/1168/102
Note: the only Blathet (or Blathat) family to be found
is one of St. Edmunds, Salisbury, Wiltshire. John Blathett was
churchwarden of St. Edmunds in 1533 and Blathetts are christened
in the church over time.
2. Ann Sherley - sister. Married Henry Wynter
----------------UNKNOWN GAPS-----------------
Bagber Shirleys (continued)
4. Andrew Sherley of Bagber - died before 1646
"The Childhood of Sir Jas Thornhill" (famous
decorative art painter) of Woodland" - Andrew Shirly, Sussanah
Highmore of Purse Caundle late husband, had owned property at
"Bagber". In one document Edward Thornhill who Susana
married next, was "of Bagber"
m. Sussanah Highmore; she m. 2 Edward Thornhill 1646
Hazelbury Bryan Parish
5.(i) Susannah Sherley - mentioned as child of Susannah
in 1667 lawsuit of Edward Thornhill esq vs Andrew Sherley
5.(ii) Elizabeth Sherley - mentioned as child of Susannah
in 1667 lawsuit of Edward Thornhill esq vs Andrew Sherley
5.(iii) Andrew Sherley - named as child of Susannah
defendant in 1667 lawsuit of Edward Thornhill esq. The lawsuit
concerned activities surrounding his apprenticeship to William
Smyth
Andrew Shirley, son in law of Edward Thornhill of Dorset
to William Smith mercer for 7 years indenture and enrolled Sep
1655.
see 1667 abstract
4. Andrew Sherley of Bagber, Sturminster Newton
1677 Will Of Sherley, Andrew of Bagber in Sturminster Newton,
Admon in Archdeconry Court
m. Mary Randall, sister of Ambrose Randall of Sturminster
Newton and North Cheriton, Somerset
children mentioned in the will of Ambrose Randall
5.i Andrew Sherley Jun.
5.ii Thomas Sherley
5.iii Mary Sherley
5.iv Benjamin Sherley chr 9 Feb 1666 at North Cheriton,
Somerset, "son of Andrew Shorly"
Note: 28 Apr 1711 - A Nicholas Sherley gent of Bagber Dorset
was named as a trustee of the estate of Benjamin Randall of North
Cheriton, Somerset, gent - with William Watson and Robert Randall
(the father).
A Nicholas Shirley married Ruth Morris on 8 August 1681
at Manston Parish, Dorset, dau of William and Hannah Morris.
Nicholas Shorley buried 18 March 1710 at Sturminster Newton
------------------------------------------------
5. Andrew Shirley buried 8 April 1720 at Sturminster
Newton Parish
1720 PCC Will - Will of Andrew Shirley. To be buried in
yard of Sturminster Newton Castle. To uncle Thornhull and to
my uncle Edward Thornhill morning coats apiece of each kind;
To my cousin Robert Thornhull, my cousin Sydenham Thornhull,
my cousin Francis Thornhull, my cousin Edward Thornhull and my
cousin [ ]ace a gold mourning ring of twenty shillings value
a peice and I forgot to give to my siad two uncles the like rings
which now I do. I give to my cousin Highmores of Ibberton, a
ring a piece of the ____. Also I give to Mr [ ]acy Minister of
Shereborne, to Mr Cooke and his wife the like ring a piece .
And as to mourning and rings for my sister Shirley and cousin
Shirley and his wife I leave that to him; and I had almost forgott
rings to my three cousins Burbidges which I now give to each
of the like value; All other my lands tenements goods chattles
and real and personal estate after my debts and legacys are paid
and dicharged and also my funeral expences I give and bequeath
to my loving cousin Shirley of Bagbere in the County of Dorsett
his heirs executors admininstrators and assigns and for his and
their use Dated March 23 1719. Wit: Samuel Boys, Jno King, Thos
Garhell. Proven 1720 by his residual legatee, Andrew Shirley
(PCC 573/29 sig 94)
5. Sister
------------------------------------
(The following lineage may be from some "cousin of Bagbere"
mentioned in 1720 Will of Andrew Shirley)
6. Andrew Shirley of Bagbere -- Will 1747 (is this
the same? Innholders Apprentices: Shurley, Andrew son of Andrew
of St James Middlesex gent to Richard Stockall 9 Aug 1718). Likely
the residual legatee of Andrew Shirley of Sherborn and Sturminster
Newton who died in 1720. Buried 15 February 1746 at Sturminster
Newton.
- 1747 Will of Andrew Shirley of Bagbere in parish of Sturminster
Newton Castle Dorset gent. Dated 11 Jan 1740. To son Thomas Shirley.
To daughters Betty Shirley, Mary Shirley. Messuages in Wiltshire.
To Henry Thornhill of Holland in Dorset. Rev. Morris Goddard,
son John Shirley. Wit: Anna Maria Close, James Jeames, Dinah
Adams, Proven by son John Shirley 1747 (PCC 11/753 sig 83)
married 1) Dinah ________ She is named in son Andrew
Shirley's christening record
married 2) Mary Rose on 20 February 1718 at Netherbury
Dorset. She is named in son Thomas Shirley's christening
record. (It is odd that Andrew was christened at 1720, with
mother Dinah)
children:
7. Andrew Shirley christened 13 April 1720 at Sturminster
Newton (son of Andrew and Dinah, SIC)
- 7. Betty Shirley christened 30 August 1723 at Sturminster
Newton. She married Mathew Merefield/Merryfield on 28 March 1751
at Woolland Dorset
7.Thomas Shirley, christened 8 April 1726 at Sturminster
Newton parish (son of Andrew and Mary) Apothecary of Woolland
parish, and then of St James Dorset. Buried 31 July 1753
at Sturminster Newton.
- Burial Sturminster Newton 31 Jul 1753 Mr Thomas SHIRLEY
-
- 1753 Will of Thomas Shirley gent of [illeg] St James Dorset.
Dated 2 Apr 1753. To brother John Shirley , to two sisters Betty
the wife of Mr Mathew Merefield/Werefield and to Mary Shirley
spinster. My 2 sisters executors. Wit: William Baro. Arch: Oram
-
- 1750 Date of bill (or first document): Shirley v Shirley.
Plaintiffs: Thomas Shirley, apothecary of Woolland, Dorset and
Bettey Shirley and Mary Shirley an infant aged 20 years (by said
Thomas Shirley). Defendants: John Shirley, William Churchill
and Peter Morris Goddard. C 11/2564/28 [note: Woolland parish
is 7 miles west of Blandford]
-
- Eighteenth Century Medics (Soc of Gen. Library)
30 June 1744 (Apprentice) Shirley, Thomas (s of Andrew), Surgeon
etc, , Nathaniel Poole
30 June 1744 (Parent) Shirley, Andrew, , Bagbar, Dorset, Thomas
Shirley
7. Mary Shirley christened 9 November 1729 at Sturminster
Newton. A Mary Shirley (maybe the mother?) was buried
on 20 November 1729 at Sturminster Newton.
7. Mary Shirley born about 1730, spinster. She was
alive in 1764 at time of brother John Shirley's will and then
living in Salisbury Wilts in 1808 at time of her neice Eleanor
Shirley's will. A Mary Shirley was buried 23 July 1762 at Sturminster
Newton.
7. John Shirley, esq of Bagbere (apprenticed to a mariner
1737). Buried 18 June 1765 at Sturminster Newton parish.
Burial Sturminster Newton 18 Jun 1765 John, Esq. SHIRLEY
- 1764 Will of John Shirley Dated 16 Feb 1764. Land at Burkland
Newton Dorset to son Andrew Shirley, all my copyholds in Dorset
to son Robert Shirley, freeholds in North Wooton Long Burton
and Holden to sons Andrew and Robert, to daughter Elenore Shirley
and Elizabeth Shirley, Remainder to my oldest son John Burbidge
Shirley made previous to my marriage with Elizabeth my wife.
Sister Mary Shirley spinster. Wit: Martha Best John Hoddinst.
[PROB 11/918 157]
married 1) _______ She apparently died before 1749
married 2) Elizabeth Frampton on 19 February 1749 at
Cann parish, Dorset. Named in the will of her son John Shirley
, d/o Robert Frampton of Buckland Newton. His will proven 1757
naming his dau Elizabeth wife of John Shirley, esq. She is likely
the Elizabeth Shirley buried 1 August 1785 at Buckland-Newton
parish, Dorset.
Cann Parish Marriage Record - 1749; 19-Feb; John; Shirley;
of Bagber; esq; by Licence m. Elizabeth; Frampton; Buckland;
Rev. Goddard;
Children:
8. Rev. Andrew Shirley born 1753 christened 7 Mar 1755
at Sturminster Newton parish, Oxford Wadham College, matric.
May 19, 1771, aged 18; B.A. 1774, brother of John 1770. Nominated
as curate of Stockwood Dorset in 1776 and 1785 (Wilts and
Swindon archive)
- Burial Sturminster Newton 20 Nov 1787 Andrew SHIRLEY
-
- 1788 Will of Rev. Andrew Shirley clerk of Yetminster Dorset.
To friend George Baker esq, Thomas Allainbridge gent messuages,
dwelling house etc lying in Burkland Newton Dorset. To Brother
Robert, sister Elanor and Elizabeth and to servant Betty Collier
and William Downten. To Nephew Andrew Shirley son of my late
brother John Shirley dec'd until he is 20 years my messuage in
St James Dorset in possession of Mrs Muddlestone land in North
Wooton Dorset in possession of farmer Rawlings Dated 18 Oct 1787.
Wit: Henry Clapper, Thomas Daidge, John Besant. [PROB 11/1162
97]
8. Robert Shirley- christened 26 June 1759 Sturminster
Newton. named in father's Will, alive in 1788. He is alive in
1808, administering estate of sister Eleanor Shirley.
- 1794 Letter from Robert Shirley at Shaston [Shaftesbury]
to Gentleman's Magazine
- Oct 22, Mr Urban, I have inclosed a good impression of
an ancient and valuable seal which is of red cornelian set in
gold. It is in the possession of the Rev. Mr Cooper vicar of
Yetminster near Sherborne, Dorset....Yours, etc Rob. Shirley
8. Elenore Shirley - christened 7 Mar 1755 Sturminster
Newton -named in father's Will. She lived at St Martin in the
Field London, and Yetminster Dorset. She died 1808 while living
in Devon
- Devon 04 October 1808 PROB 11/1487 - Eleanor Shirley
late of Yetminster in the county of Dorset after of the Strand
in the parish of Saint Martin in the Fields in the co of MDX
but now residing in the West Teignmouth co Devon, spinster 12
Feb 1808. To my aunt Mrs Mary Shirley of the city of Salisbury
spinster. to John Adcock of Albion Str London snuff box. To Mrs
Mary Gibbs the dau of Cleares Gibbs of Dovizes Wilts surgeon
my gold watch. To Mrs Mary Allaunbridge of Yetminster widow.
To Mrs Elizabeth Ffrappell widow after teh decease of my sd aunt
Mrs Mary Shirley. To my nephew Andrew Shirley fifteen hundred
pounds stock in the three percent bank annuities after the death
of Mrs Shirley. To Miss Elizabeth Adcock dau of John Adcock all
leasehold messuages land houseslying in the parish of Ryme Instrinseca
(this is confirmed) Dorset. To my servant Elizabeth Oliver. To
my brother Mr Robert Shirley remainder, and sole executor. Wit.
John Chappell Tozer, John Chappell Tozer Junr. Proven by brother
Robert Shirley
8. Elizabeth Shirley - christened 26 Jun 1759 Sturminster
Newton - named in father's Will.
8. John Burbidge Shirley - born 1752, christened 7
Mar 1755 Sturminster Newton. Oxford Queen's College, matric.
April 3, 1770 aged 18; brother of Andrew 1771, and father of
Robert 1796
- 1785 Will of John Burbidge Shirley late of Bagbere now
of City of London gent. Son and heir of John Shirley late of
Bagber esq by Elizabeth Frampton his wife. Land at Bagber and
S[illeg] Wiltshire use by Rev. Andrew Bellamy and William Cluett
to sell off. Any unsold real estate to my son Andrew Shirley
at age 21, to sister Elanore Shirley. Dated 14 Feb 1785. Wit:
John Adcock. C. Templeman John Curtis [PROB 11/1135 575
m. Rebecca____? Rebecca Shirley was buried 1775 at
Sturminster Newton
- 9. Robert Shirley - b1771, Oxford Wadham College,
matric. Oct 20, 1796, aged 25. Not mentioned in his father's
1785 will, but certainly alive.
9. Andrew Shirley - christened 9 August 1771 at Sturminster
Newton [to John and Rebecca] named in father's Will, named in
uncle Andrew Shirley's 1788 Will. Likely the Andrew Shirley,
nephew mentioned in the will of Eleanor Shirley in 1808.
-
- possibly also the following ?infants
- Burial at Sturminster Newton
5 May 1773 John SHIRLY
23 Jun 1774 John SHIRLEY
Chancery Lawsuit: Pit con. Pelham.
19 Car. 2, f. 875; 21 & 22 [1667-68].
Construction of a Will.
The Case is, That William Shirley
in 1650, being seised in Fee-simple of Lands, upon his Marriage
with Jane Hecked for her Jointure, settled the said Premisses
to the Use of himself and Jane, and the Heirs of their two Bodies
; and for Want of such issue, to the right Heirs of the said
William for ever. That in 1657, the said William having no Issue
made his Will, and as to so much thereof as concerns the Matter
in Question, devises in these Words (viz.), I appoint my dear
Wife my sole Executrix, my Land at Blandford, which is my Wife's
Jointure, I do confirm unto her, and after her Decease I do appoint
it to be sold, and the Money that [284] is made thereof to be
divided by equal Portions, amongst these four, namely, one Part
to be disposed of by my Wife, the other three Parts are my Nephews,
William Major, Ezra Shirley, and Jonadab Savage; I give to my
Cousin Roger Higham £20, and in Case any of my three above-named
Nephews shall die before the Decease of my Wife, that then my
Cousin Roger Higham shall have that Portion of Money, which upon
the Selling of the Land at Blandford should have fallen to that
Nephew. And the said Will. Shirley, five Days after the said
Will made, died without Issue, and Jane his Wife proved the said
Will and possessed the said Premisses, and afterwards demised
the same to the Plaintiff Pit, and the said Ezra Shirley died
in the Life-time of the said Jane, and the said William Major
in 1664, for £125 sold the said Premisses and his Right
and Interest therein, and all his Part and Share of Money, which
he, his Executors, &c., might claim, or have out of the said
Money to be raised by such Sale by Virtue of the said Will or
otherwise, and covenanted for further Assurance ; and the said
Jonadab in like Manner sold his Interest to the said Pit, and
the said Roger Higham, being intitled to a fourth Part of the
Premisses by the Death of the said Ezra Shirley, sold in like
Manner all his Interest to the said Plaintiff [285] Pit, and
with like Covenants as the said other Plaintiffs had done, and
the said Jane for £300, secured to her by the said Plaintiff
Pit payable after her Death, sold all her Interest in the said
fourth Part of the Inheritance of the said Lands expectant after
her Death, and her Share of what Money should be raised by the
Sale thereof, and covenanted for further Assurance; and in 1666,
the said Jane died having made her Will, and the said Roger Higham
and one Harris Executors, who proved the said Will, and received
the said £300, so that according to the said Will. Shirley's
Will, the said Lands ought to be sold, there being a Trust raised
thereupon for the Benefit of the said Major, Savage and Higham,
and the Assignee of the said Jane ; and thereupon the Plaintiff
Pit, who is a Purchaser of all the other Plaintiffs Interest
as aforesaid, and is also Assignee of the said Jane, seeks to
have the Defendant Pelham and Mary his Wife, and Mabel Shirley
(which said Mary and Mabel are Sisters and Co-heirs of the said
Ezra Shirley, who was the Son and Heir of Ezra Shirley, Brother
and Heir of the said William Shirley), to convey the said Premisses
to the Plaintiff Pit and his Heirs, the other Plaintiffs offering
to join with them therein.
[286] But the Defendants insist,
that if such Will was made, yet the said Defendants Co-heirs,
not being therein appointed to sell or convey the said Premisses,
nor any Person by the said Will- appointed particularly to sell
the same, and the Lands not devised by the Will, but appointed
to be sold ; therefore the said Lands are well descended to the
said Co-heirs, and they are neither in Law or Equity obliged
to sell or convey the same, and submitted to the Judgment of
this Court to do as this Court shall direct, in Case the Will
be a good Will; and also insisted, that there was as good Equity
in this Case for the Heir, as for the Devisees, and these Lands
being descended on the Defendants as Heirs, they hope this Court
will not compel them to disinherit themselves, and that the Plaintiffs
Purchase was after a Suit commenced depending in this Court for
the same Thing.
The Plaintiffs insisted, that
the Will was a good Will at the Death of the said W. Shirley,
and that the Lands were charged with a Trust to be sold, and
that no Act since can invalidate the same, and that the said
former Bill was only to preserve Testimony for proving the said
Will, and the Plaintiff Pit being a real Purchaser in the Lifetime
of the said Jane, he hath a proper and equitable Suit in this
Court [287]to have the said Will performed and the Trust executed.
This Court ordered a Case to
be made upon the said Will, taking this to be a Case of great
Consequence and Weight in the Precedence of it.and admitting
the said William Shirley was seised in Fee, and made such Will,
and that the said Ezra Shirley, Brother of the Defendants Mary
and Mabel, died in the Life-time of the said Jane, and that the
Plaintiff Pit made such Purchases, as aforesaid.
This Court having perused Precedents
in this Case, and advised with the Judges thereupon, declared
his Opinion to be for the better Clearing of the Cause for his
Determination, and ordered, that a Trial should be had at Law
in a feigned Action by Wager, Whether Jane the Relict and Executrix
of the said Will. Shirley had Power, and could by the Will have
made Sale of the Lands in Question ; and also in the next place,
whether a Sale by her Executors (admitting such Sale to be actually
made) be a good Sale. And in Pursuance thereof a Trial hath been
had upon the Point aforesaid, and a Special Verdict thereon found,
and several solemn Arguments and Debates thereof have been before
the Judges of the Common Pleas, who have given Judgment therein
for the Defendants, and the Cause coming again to [288] be heard
on the Equity reserved before the Lord Keeper assisted with the
Judges, and they having considered of the Precedents offered
by the Plaintiff, and compared the same with the Case in Question,
find great Difference between them and this Case, upon the Circumstances
thereof.
This Court upon the whole Matter,
the Will in Question being adjudged void in Law in the very Constitution
thereof, saw no Cause or Colour to make good the same in Equity,
and dismiss'd the Plaintiff's Bill; but declared this should
not be a Precedent.
The Plaintiff appealed to the
Lords in Parliament, who adjudg'd and resolv'd, that the Plaintiffs
ought to be relieved, and ordered the Lord Keeper to set aside
the said Dismission, and adjudged the Defendants, the Heirs at
Law, to convey the said Premisses to the Plaintiff Pit and his
Heirs : Which this Court, in Obedience to the said Order, ordered
accordingly.
Note; Purchasers are^to be favoured
in Equity. See [l] Eq. Abr. 353, 354, 355.
Bagbere House
With Shirley family coat of arms on the front of the house
|
Shirleys of Bagbere