|Bartholomew Brinde/Brind||=||Joane (Tuck?)|
See link to hoard and link to story about its discovery. .
After Joane's marriage to Mr Miller there followed an extraordinary legal battle .
|bur 11/Oct 1670 Wroughton will|
|bapt. 15/Mar/1655/6 Wroughton
|bapt. 30/Mar/1658 Wroughton
|bapt. 25/dec/1660 Wroughton
|bapt. 12/Sep/1663 Wroughton
|bapt. Dec/1665 Wroughton
|bapt. 22/Oct/1668 Wroughton
|=Mary Portlock? Jan 1699/1700 Blunsdon St Andrew||=Mary|
Joiner (carpenter) see apprenticeship
|When her father died and his widow remarried Jane got involved in an extraordinary legal battle . with Bartholomew's wife (who may have been her mother or perhaps a second wife).|| d. 1736 Highworth
|Return to index||Skeleton of tree|
|This family had remarkably similarly named children to the above|
|Bartholomew Brind Wroughton 1671 P3/B/589|
|In the name of Amen I Bartholomew
Brind of Wroughton in the County
of Wilts husbandman being sick
in body yet in good ??? Memory
thanks be to god for it do so make my
last will & testament as followeth
??? Give to my Eldest Tenn? pound
to be paid at the end of his apprenticeship
??? I Give to my sonn Thomas & William
thirty pounds a piece to be paid in one
years after my decease I ???? I give &
unto my two daughters fourty pounds a
???? to be paid in one years
after my decease & I give also to
my daughter Joan ?? my best bedstead
I would ????????????????????? My
brother in law Francis Tuck to ???
His memory for my children life ????????? I make my wife my sole exucutrix of this my last will to dispose it according to the ??? ????????? ??? I hand unto unto ??? ??? the second day of October 1670 I also give to my sonn George? one shilling Bartholomew to the ??? the mark of Bartholomew Brind Ann Willis the mark of
|Anno Domini November ???????????????
The following very interesting paper links Bartholomew Brind to a hoard presumed hidden and lost during the civil war Whilst this could be right, it might equally have belonged or Bartholomew's father John , or even John's father (whose name is unknown). The most interesting aspect may be the link to Ireland (the Irish coins). Did the Brinds spend time in Ireland?
The face value of the hoard (about £10, 15 shillings is 75p in decimal currency) was considerable but represents quite a reasonably small proportion of the wealth Bartholomew subsequently managed to leave to his children.
|Source: NEW HOARDS FROM SEVENTEENTH-CENTURY ENGLAND,|
a paper by B.J. COOK
Clearly this find throws into sharp relief what it was like in Wiltshire in 1643, a time of military presence and arbitrary taxation. See also story about its discovery.
2. Wroughton, WiltshireNEW HOARDS FROM SEVENTEENTH-CENTURY ENGLAND 147|
The Wroughton find was discovered on 27 May 1998 by June and Glen Bailey, whilst creating a patio to the rear of their house in Old Wroughton. The hoard, with its container, was delivered to the British Museum on 30 June, a report was prepared for the coroner and the group was declared to be Treasure at an inquest on 30 September. The Swindon Museum wished to acquire the find, which therefore went before the Treasure Valuation Committee.The 219 coins were found a few metres from the backdoor of the finders' house, buried about four feet down, close to a sarcen stone. The cottage itself dates back to at least the mid seven- teenth century, when it existed as a single-storied structure. After the 1660s it was given an extra floor, and has had further additions since. Along with the coins were the remains of a single pot, dating from perhaps the mid to late sixteenth century. The site of the find, whatever the original purpose of the building, lay close by a malthouse with maltmill and 'millehouse', listed in the inventory of goods and chattels of Bartholomew Brind on his death in 1671 Brind was the proprietor: there would have been a miller installed in the property itself. It was one of six mills ranged along the Wroughton Stream, the last before it joined the Fonthill Brook to become the River Ray. Another cottage nearby (not the find-spot) carries evidence of having been the millhouse itself.
The face value of the Wroughton hoard was £9 15s. 8d., reckoning the Irish shillings at 9d., as they were then being tariffed. The coins are in good condition from the point of view of weight, corresponding well to the levels of much larger hoards, even the Ryhall hoard, despite lacking that find's large proportion of new, uncirculated and die-duplicate triangle-in-circle shillings (for comparison, see Appendix, p. 170 below). It closes with coins of the triangle-in-circle mark, and two Oxford issues dated 1643, making it one of the large number of finds to have been deposited at about this time. However, 1643 Oxford pieces are more usually found amongst the latest coins in hoards otherwise concluding with Tower initial mark (P) (1643-4, pyxed July 15, 1644), whereas hoards recorded as ending with the triangle-in-circle mark do not generally contain Royalist mint issues later than 1642-dated pieces. The one significant exception appears to be the Constable Burton, North Yorkshire, hoard of 236 coins, from a royalist area and datable so late by its locally produced York shilling.6 As Wiltshire was in the area conquered by the king during the campaign of 1643, this may similarly explain its accessibility to new Oxford issues over Parliamentary coin.
Wiltshire was an area of considerable military activity in 1642-3. In 1642 the active elite of the county held it for the parliamentary party, but the establishment of the king at Oxford and the formation of Hopton's royalist army in the west shifted the balance of power in the county. Over the winter of 1642 Marlborough and Malmesbury were captured by the royalists, who pretty much controlled the whole county after spring 1643, and the last local parliamentary resistance was defeated at the battle of Roundway Down (south-west of Wroughton) in July.8 From this point, and throughout 1644, Wiltshire remained under royalist control, and subject to the levying of'contributions'. During 1643 Wroughton, lying a few miles from Swindon, was between the two leading royalist garrisons of Faringdon and Marlborough, and just to the south-west of the main area used for the royalist winter quarters in 1642-3.9 The fact of its being north of the Marlborough Downs would probably have placed Wroughton firmly in Faringdon's ambit, and it also lay not far from the main royalist supply route between Bristol and Oxford. Faringdon was a significant centre of royalist military power throughout the period, its garrison consisting of about 300 horse and 800 foot. It received no serious parliamentary assault until Cromwell made an attempt to take it in April-May 1645, and it surrendered with Oxford on 24 June 1646.
In view of this background, it is unsurprising that the Wiltshire-Berkshire-Oxfordshire area has been productive of a number of hoards deposited in the 1642-3 period: in particular one can note a hoard from Marlborough,11 which also has a royalist mint presence in the shape of a coin or coins from 'Exeter', and the Chilton Foliat II hoard included in this article.
To read the paper click this link.
|In May 1998 Glenn Bailey was building a patio at his house in The Pitchens, Wroughton, see map right when he came across a broken pot that seemed to have old washers in it. These were actually 219 coins, many made of fairly high grade silver, dating from 1500 to 1643. The total value of the Wroughton Hoard, now housed by Swindon Museum, was £9 15s. 8d. Clearly the hoard was buried during the Civil War.||
The Pitchens, Wroughton, Swindon, Wiltshire SN4 0RU
|This legal action is caused (on the face of it) because Bartholomew makes legacies worth £150 yet when his debts were paid and his property sold he only had £58. Almost £100 he thought he had, disappeared, possibly at least partly as a result of legal actions (see line 81).
The widow, who was clearly not the mother of Bartholomew's daughter Jane argues that far from bilking her husband's children out of their inheritance, she had to go to considerable personal expense to bring up the children after Bartholomew died.
In his will Batholomew Brind makes his wife Joane the sole executor (line 7). But the widow gets married almost immediately to a man called Edward Miller. Brtholomew's daughter Jane then takes the Millers to court alleging she's been bilked out of her inheritance.
Bartholomew had at least two daughters, confusingly called Jane and Joane. Perhaps Joane was named after her mother, suggesting Bartholomew's first wife died some time between 1658 and 1663. In line 32 there is a reference to Jane Brind but clearly this should be Joane. This may be a transcription problem.
Bartholomew's will gives his son George (line 8) just a shilling. On the face of it this looks like an insult but there may have been more to it than that. He may have decided to write George out of the will but have feared that the will would have been challenged if he had not mentioned George, since it could have been argued that Bartholomew could not possibly have forgotten about his son so the will must be at fault.
George was obviously in no position to launch a legal action over such a small sum but his sister Jane (line 6) was due £40. To put this into context this was four times as much as the Wroughton Hoard lost by the Brinds about 25 years earlier and judged to involve a large amount of money.
Although a man called Chadwell (possibly he creditor Edmund Chadwell in line 78) and Francis Tuck (line 6), possibly Joane's brother, are supposed to keep the money safe (an odd job since you'd think that was the role of the executor) neither appear to be parties to the legal action.
Elizabeth Whipp plays an odd role. She is one of the witnesses of the original will but also a creditor to Bartholomew (see line 34). Perhaps by taking her debt prior to the payment of the various inheritances, she plays a small role in preventing the will being properly executed even those she has witnessed it.
One of the most extraordinary elements of this whole story, is how important the women were. The action is taken by a young woman (still a minor) essentially against the widow (with the widow's new husband listed as an also ran). The two witnesses to Bartholomew's will were women (Ann Wilkes and Elizabeth Whipp) and the sole executor was a women (the widow again). No man plays a really important part in this story at all. There are plenty of names but they all appear to be bit players.
Of course, the reality of it may have been completely different and there may have been men behind the scenes moving the women like marionettes. But it certainly does not look the way the 17th century is supposed to appear.
The action appears have happened about eight years after Bartholomew died, since the document is dated 13 June 1678.
|These defendants (defts) favering to themselves all benefit of exception to the uncertainties and insufficiencies in the said bill of the Complaint:|
|Courted for Answere thereunto or unto such ****** (illegible word) as any wayes contesteth? these defendants (abbrev), or either of them to make an answer unto, they doe answere and say that it is true that Bartholomew Brind in the bill named here? about the time in this bill mentioned, possessed of diverse goods and chattels, but not of any such value as the Bill is alledged or any greater value than imprimus? affermed? or set forth.|
|And that before his death he did make his Last Will and Testament in writing in these words following, (viz.): In the name of Amen, I Bartholomew Brind of Wroughton in the county of Wilts, husbandman, being sick in body yet in good and perfect memory - thanks be to God for it - do make my last will and testament as followeth.|
|Item - I give to my eldest son ten pounds to be paid at the end of his apprenticeship and schooling.|
|Item - I give to my sons Thomas and William thirty pounds a piece to be paid in one year after my decease.|
|Item - I give to my two daughters forty pounds a piece to be paid in one year after my decease and I give also to my daughter Joane my best bedstead. I would entrust Mr Chadwell and my brother-in-law Francis Tuck to keep this money for my children safe.|
|Item - I make my wife my sole executrix of this my last will and perform it according to the true intent and meaning hereof, in witness whereof I have put my hand and seal the seventh day of October 1670.|
|I also give to my son George one shilling.|
|Sealed in the presence of Ann Wilkes with the mark of Elizabeth Whipp.|
|And this defendent: Jane Brind further saith that on or about the 27 day of April in the year of our Lord 1671, she this defendent made probate (pbate) of the said will in due forme of Law in the Archdeacons Court of Wiltshire and had the dominion of all the goods and chattels of the said Bartholomew Brind her late husband duly committed forward to be upon her to be the executor thereof and did then exhibit an Inventory of all the goods and chattels of the said Bartholomew Brind died possessed of, appraised by William Sadler, John Freeman, Joseph Beard, Joseph Denby and Thomas Roberts all of Wroughton in the county of Wilts at the time and reall value (as his defendent believeth) which (wch) said will and Inventory remaining in the consisting of the said defendants; the Court might have had sight of when she had pleased at for the howfull satisfaction therein:|
|A true copy of the foresaid inventory followeth in these words on the 1670 November 13th.|
|A true inventory of the goods and chattels of Bartholomew Brind late of Wroughton in the county of wilts, yeoman done by us whose names are herafter written.|
|Imprimus his wearing and coates,||five pounds.|
|Item; in the chamber over the buttery, presse for cloakes, A bedstead and a table board; two coffers and other small things **** ****||twenty shillings.|
|Item; in the hall on bacon Racke and shelves eight small dishes of pewter, a shovel and a pair of tongs. A warming pann and a few bookes.||Thirteen shillings|
|Item: Two old hogsheads five firkins; a horse to sell beere? A Salt Trough with some small lumber.||Ten shillings.|
|Item: in the chamber over the kitchen, two hundred of cheese. A small ball? Of wooll and shelves to lay ***** with other small things,||Three pounds and ten shillings.|
|Item: in the other chamber over the kitchen, two small bedsteads, one coffer and some other small bedcloathes and other small things,||Twenty shillings.|
|Item: in the Milk House, one beame and stules (stools), two cowls, one rivet, two pailes, one hogshead. A barrell with other small things. <.td>||Twenty Shillings.|
|Item: In the kitchen, one Jack and one Spitt and many kitchen brasse potts and a brand iron, one posnet. A Broache, a dripping pann fower peeces of pewter, A tableboard. A measuring fatt (vat) with other small lumber:||Three pounds|
|Item: in the Malthouse one malt mill with some narrow boards, with other lumber,||Forty shillings.|
|Item: In the carthouse, one wagon, two dung potts, two pairs of cart wheeles. A plow with harrows and other things belonging to husbandary,||Ten Pounds|
|Item: three deformed mares,||three pounds|
|Item: Nine swine, fower for fattening and five stones,||Ten Pounds|
|Item: Corne in the barn and house ffood,||Sixty Pounds|
|Item: Wheat growing in the ground, sixteen acres,||Twenty Pounds.|
|Item: Hey at holdings and at home,||Twenty four pounds|
|Item: One hundred and forty sheep,||Twenty five pounds.|
|Item: Fower (four) other Beasts,||fiveteen pounds.|
|Item: Money And upon bond,||fifty pounds|
|William Sadler, John Ffreeman, Joseph Beard, Joseph Denby, Thomas Roberts.|
|And this defendant further saith by A mistake of the said Appraisers there were divers goods and chattels which this estate was possessed of (in **** droit) as she was the Executrix of the Last will and testament of Jane, late wife, widow defendants mother. The value of the said goods and chattels soe inserted in the said Inventory by mistake aforesaid doe amount to the sume of eighteen pounds or thereabouts, particulars (pticulars) of which goods are herein after indicated. That is to say:|
|A presse for cloathes, A bedstead, A table board, two Coffers and bacon Racke and shelves, eight small dishes of pewter, A fire shovel, A pair of tongs, A warming Pann, two firkins, horse to gett be*** and salt trough two old small bedsteadsand feather bed and coffers, fower bedclothes, two cowls, two pailes, one hogshead, one barrel, one Spitt and kitchen brasse and brandiron, one posnet, A broache, A drippin pann, foure peeces of pewter, A table board, a measuring fatt, one maltmill four narrow boards and fower Rackes, which this court is advised ought to be subtracted out of the said Inventory of the said Bartholomew Brind and then out of the whole Inventory amounting to but £241.13.00 there will remaine of the clear estate of the said Bartholomew Brind but £223.13.00 that hath come to the hands of thy defendant and these defendants say that they know of noe omissions or undervaluations of the said inventory or of any other personal estate of which the said Bartholomew Brind died possessed of or any other in trust for him and these defendants further say that the said Bartholomew Brind at the tyme of his death was indebted in the severall and prospective suits of money by hereafter uno the severall and Prospective persons (psons) hereinafter named, (that is to say) unto:|
|Anne Neilly and Elizabeth Whipp of Ogbourne in the county of Wilts, the sume of||thirty shillings|
|Unto William Ackly of Wroughton aforesaid the sume of||three pounds and ten shillings.|
|To Arthur Ackly of Wroughton aforesaid husbandman the sume of||fivety shillings|
|To Robert Jeffrey of Wroughton aforesaid husbandman the sume of||six and twenty shillings.|
|To Thomas Butler of Swindon in the said county of Wilts, Wheelwright, the sume of||eight shillings|
|To Richard Harroll of Swindon aforesaid collermaker,||fouwerteene shillings|
|To the said Thomas Butler another sume of||eight shillings|
|To Guy Hopkins of Swindon, mason,||twelve shillings|
|To Jeffrey Butland of Wroughton aforesaid husbandman,||fower shillings|
|To John Neale of Wroughton aforesaid Carpenter||three and twenty shillings|
|To Joseph Little of Wroughton aforesaid Miller,||one shilling and eight pence|
|To Michael Humphries of Wroughton aforesaid husbandman,||three shillings|
|To Elizabeth Spackmann of Wroughton aforesaid widow,||seaventeene shillings|
|To Thomas Cope of Wroughton aforesaid husbandman||ten pence|
|To James Elliott of Wroughton aforesaid||eleaven shillings and three pence|
|To Elizabeth Snow, the wife of John Snow of same, husbandman,||three shillings|
|To Joseph Beard of the same husbandman||fower and twenty shillings and six pounds|
|To Humphrey Anthony of South Marston in the county of Wilts, husbandman,||three pounds and one shilling|
|To John King of Chiseldon in the county aforesaid husbandman,||fower and thirty shillings|
|To Nicholas Gough of Overwroughton in the said county, husbandman,||five and twenty shillings and eight pounds|
|To Martha Brind of Wroughton, spinster||fower shillings|
|To Nathaniel Profitt of nearly Wroughton in the county aforesaid gent||one and thirty pounds and sixteene shillings|
|To Edmund Cope of Elcombe in the said county, husbandman,||fiveteene pounds and thirteene shillings|
|To Richard Lawrence of Wroughton aforesaid gent,||siteene pounds and sixteene shillings|
|To Richard Farmer of Swindon aforesaid aforesaid Carpenter,||two shillings and six pence|
|To John Clarke of Westlecott (Wscott) in he said county, Thatcher,||one shilling and eight pence|
|To Richard Yorke of Swindon, aforesaid Joyner,||eleaven shillings and sixpence|
|To Katherine Tull of Wroughton aforesaid widow,||seaven shillings and five pence|
|To James Clarke of Wroughton aforesaid grocer,||three pounds|
|To Henry Sharpe of Swindon in the county of Wilts,||eighteene shillings and eight pence|
|To Martha Brind of Wroughton aforesaid spinster,||seaven and twenty pounds|
|To Stepehn Lawence of Swindon, aforesaid gent,||seaven shillings|
|To Rchard Wilcott of the same gent,||thirteen shillings and|
|To Margarrett Hutchings of Wroughton aforesaid widow||fower shillings|
|To Matthew Gray of Swindon aforesaid ironmonger||seaven shillings|
|To Thomas Ponting of Hooke in the said county, husbandman,||five shillings|
|To William Holliston of Wootten Bassett in the said county, Maltster,||fiveteen shillings|
|To the widow Arman? Of the same||fiveteen shillings|
|To Roger Cole of Elcombe aforesaid husbandman,||three poundsand six shillings|
|To Hugh Rowe of Marlborough, haberdasher,||fiveteen shillings and twenty pounds|
|To John Bowler of the same Strong? Waterman,||Two shillings and sixpence|
|To Gabriell Pike of Wroughton aforesaid husbandman||five pounds and six shillings|
|To Walter Nevill of the same, miller,||five pounds and six shillings|
|To John Snow of the same, husbandman,||three shillings|
|To Edmund Chadwell of Wroughton, gent,||eleaven shillings|
|Unto Edmund Tayloer of Broad Blunsden, husbandman,||eighteen pounds and|
|To Moses Bayly of Swindon, gardner nine shillings all with severall and respective sumes of money before mentioned amounting to in the whole to the sum of||£100.06.08.|
|These defendants say that they have laid forth truly and bonafide paid and discharged without any abatements or composition whatever. And these defendants further say that they have expended about the said will and intest of the said Bartholomew Brind of five pounds and six shillings and for proving this will sixteene shillings and prosecution and defense of severall suits about the said estate of late, fowere pounds soe that of ****** testatstors cleare of all the said debts and disbursements being deducted there remains in the defendents hands but ffifty eight pounds and fower shillings and fower pence towards the amount of severall legacies in the said will mentioned, to be given and bequeathed which amount in the whole to one hundred and ffifty pounds|
|and these defendants further say that the said estate at the tyme of his death left his children in the will named, all very young and unable to gett their maintenance and left noe other estate to maintain them and therefore this defendant Jane Miller hath took care of them and to provide (pvide)necessaries for them (otherwise they may have perished for want) and thereby she hath spent and laid forth for them necessary maintenance And support more than the overportions of the said estate so left by their father (after the disbursements aforesaid were discharged) did amount unto in particular the executrix have maintained the complainant (who is yet an infant under the age of one and twenty by the space of three yeares and an half after the testators death in **** and d****) other necessities by which means they have laid forth and expended in maintaining her much more than her share of the said estate did amount unto and therefore they shall not be compelled by this honourable Court to pay the said legacy to the complainant, whereas they have already laid forth and expended the same and much more for her necessary support and maintenance and the defendants further say that they never designed to defeate the complainant of any thing that is her just Right or due wages? but say they have not paid her the said legacy in money for the reasons aforesaid. And they further say that if the said legacy or any part (pt) thereof were yet remaining due under the estate and they are advised could not pay it safely unto her for that it is directed by the said will. The same should be Read? by Mr Chadwell and Ffrancis Tucke the will named for the use of the complainant. And these defendants further say and doe deny that the Testator gave unto the complainant by his said will his bedstead or any bedstead at all (as is alleagded) for it appears by the will aforesaid that the said bedstead is given unto Joane her sister and not unto the complainant. She might have known would she have consulted this said will without that any other matters or things matterial or effectual in the Law to be answered unto, and not herein and hereby answered unto confessed and avoided, traversed or denied is true to the knowledge of these defendants, or either of them all. Which matters and things these defendants are ready to aver *** This honourable Court shall award and therefore pray to be herein dismissed with their reasonable costs and charges in this behalf wrongfully sustained.|
|NOTES:||The document is signed by two men I think and certainly took place in Marlborough.|
|The date of the documents was 13 June 1678.|
|Jane Brind was born in March 1658 so was just twenty at the time of this Bill and Answer|
|Her mother Joane married Edward Miller on 3 January 1671.|
These are to certifie whom it may concerne that William Brind Sonn of Bartholomew Brind late of Wroughton in the County of Wilts yeoman decd. put himself apprentice to Tristram Sayer Citizen and Joyner of London for the term of Seaven yeares by Indenture dated the: 8th January 1683. So by the Register books of the said company appeares Witness my hand the: 8th July 1698
Leonel Sharys Guard
This person was made free at Joyners hall this: 25: Apl 170?
Johan Westell Turner