James Pawley

Citations

1. [S1093] Brig. Gen. John Ross Delafield Delafield, Delafield The Family History, Volume I, Appendix 17, page 578 - The property of this family was called Gunwyn and was in the Parish o Lolant, near St. Ives, Cornwall.
   James Pawley, son of Thomas, Stephen
   In 1571 he was assessed for a subsidy on lands in Lelant, also in 1585 on lands valued at £2 per annum (Lay Subsidies). Administration was issued on the estate of James Pawley of Uny Lelant 18 February 1589 (Probate Register, Bodmin). He was called “James Pawley of Unny juxta Lelant, gentleman” in a suit before the King's Bench in Easter Term, 1582 (K.B. 27-1281-85). According to the visitation of Cornwall he married Isabel, daughter of Richard Bonython of Bonython, Cornwall. They left issue a son and a daughter:
   Thomas Pawley, matriculated at Exeter College, Oxford, in December, 1575, elected a Cornish Fellow of this college in 1578, a bursar in 1588, and resigned in 1595. He wa dead in 1597, whern the Chancery suit was brought.
   Honor Pawley who married 1n 1595 John Underhill, whom see.
2. [S1093] Brig. Gen. John Ross Delafield Delafield, Delafield The Family History.
3. [S1098] Underhill Genealogy, Volume I: pages 48-55 -
   UNDERIIILL GENEALOGY
   CHANCERY PROCEEDINGS.
   (Public Record Office: C 2, Elizabeth, U 2, 30.)
   xviij die Octobris 1597
   
   
   To the right honnorable Sir Thomas Egerton knyght
   Lorde Keeper of the great Seale of Englande
   Humbly complayning Sheweth vnto Your honnorable good Lordshippe Your Lordshippes poore and daylie orator John Vnderhill and Honor the wief of Your Lordships said orator of Westminster in the countye of Middlesex gentlemen : That whereas one James Pawlye father of the saide Honor was heertofore seized in his demesne as of Fee of and in certaine landes and Tenementes and seruices scytuate lyinge and beinge in Mosehall, Penzans and St. laves in the countye of Cornewall to the annuall and yearelye value of forty marks or thereaboutes and beinge also seized of other parcell of lande called Buscrigge and Castlehornecke in the parishe of Madderne and of Chastelaf in the parishe of Paule in the county aforesaide of which la.ndes and tenementes he beinge so seized as is aforesaid did make a Feofment of the same to one John Bonithon, John Davye, Stephen Pawley, Henry Calenso in the countye of Cornewall gentlemen to have and to holde all and singuler the premissis to the saide Feoffees theire heires and assignes for euer to thonely vse and behoofe of the saide James Pawley for and duringe the life naturall of the saide James Without impeachment of wast and after his decease to thuse and behoofe of the Thomas Pawley and the heires of his bodye being the sonne and heire of the saide James and for default of such issue the same to remaine to Honor Pawley your orators wief one of the now complainantes and to the heires of her bodye for euer which saide estate was lawfullye faythfullye and effectually executed in and vpon the premisses in or about the flue and Twentieth Yeare of the Queenes Maiesties Raigne that nowe is. Since which time so it is Right honnorable that the saide James is dead. and deceased after whose Decease the saide Thomas did enter and occupie all and singuler the premisses and was seized and died seized of the same and died without issue of his bodye by and after whose decease all and singuler did discend and of right ought to come to Your Lordshippes orator Honore Vnderhill as Daughter of the saide James and sister and next heire of the saide Thomas accordinge to the saide assurance. But soe it is my singuler good Lorde -that as well the saide deede of entaile made of and in the premisses by the saide James Pawley deceased vnto the saide Thomas Pawley deceased and Honor Vnderhill Your Lordships orator as is aforesaide as diuers other charters evidences, deedes, writinges escriptes and mynimentes concernynge the premisses provinge the saide interest and tytle of your said orators of in and to the premisses and diuers otherlandes tenementes and heredittaments properlie belonginge to your orators ben deceitfullye comen to the handes possession and keepinge of one Thomas Flemynge gentleman William Pryde alias Prade of Vnelalent and William Laveale of Madderne in the countye of Cornewall aforesaid or into the handes possession and keepinge of some of them Who by colour of havinge the saide deeded evidences charters writings escriptes and mynimentes haue wrongfullie entered and intruded into all and singuler the landes tenementes and premisses aforesaide and having combyned and complotted themselues together haue of late conveyed and passed over diuers secret and fraudulent estates of the premisses to persons unknowne to your orators to thende your orators shoulde not knowe against whome to comence or begin theire suite at the comon lawe. And the possession thereof doe so yet wrongfully deteyne and keepe from your saide orators and also the Rentes issues and proffittes thereof haue wrongfullie receaved and taken to theire owne vse and behoofe and so yet doe contrarie to all right equitie and good conscience. And Ibeit your orators haue often and sundrie times required and instantlie desired in gentle and friendlie manner the saide Thomas Fleminge, William Pride alias Prade and the saide William Laveale to deliuer to your saide orators the saide Deedes, evidences, charters, writings, escriptes, and mynimentes concerninge the premisses and properlie belonginge to your orators as also to avoide the possession of the premisses and peaceablie and quietlie to permit, and suffer your Lordships orators and theire assignes to haue and enioye the same and to take the Rentes issues and proffittes thereof accordinge to theire saide Interest and Tyrle therein which to do they and euerye of them haue at all times refused and denied and yet do contrarye to all right equitye and good conscience and to the utter overthrowe and decaie of your poore orators theire children and familey And for asmuche as your saide orators knowe not the Dates number nor contentes of the saide Evidences deedes charters, writings, escriptes, and mynimentes importinge and concernynge the premisses nor wherein they be conteyned (sic MS.) And therefore is voide of all remedie but in this honorable court of Chauncerie before' your good Lordshippe and for that the truthe certeintie and perticularitie of the premisses cannot better appeare or be made knowne then by the othes of the Defandantes in this honorable court before your good Lordshippe. In tender consideracon whereof the premisses duelie considered, may it please Your good Lordshippe to graunt her Majesties most gracious writes of Subpaena to be directed to the saide Thomas Flemynge William Pride alias Prade and to the saide William Laveale comandinge them by virtue thereof at a certain Daie and vnder a certaine paine therein by Your good Lordshippe to be limited and appointed personallie to appear before your good Lordshippe in her majesties high court of Chauncery then and their to answeare the premisses and to abide stande to and performe all and onlye such order and direccon herein as to your good Lordshippe in all equitie and good conscience shall seeme meete and convenient. And your Lordships poore orators shall incessantlie praie vnto god for the preservacon of your honorable good Lordshippe with much encrease of honor- Lancaster.
   (No endorsemets.)
   
   
   Elizabeth by the grace of god Queen of England France and Ireland defender of the faith etc To her well-beloved Nicholas halse Esquire Nicholas Godolphyn and William Williams Gentlemen greeting Whereas John Underhill and Onora his wife have lately brought a petition before us in our Chancery against William Pryde or Prade and Thomas Flemyn and because we had by our writ enjoined that they should be before us in our Chancery on a certain day now past to answer the aforesaid petition Know ye that we fully trusting in your faithfulness and wise discretion have given to you or two of you full power and authority carefully to examine the same William and Thomas Flemyn (sic) of and upon the matter of the aforesaid petition of which we send you the tenor enclosed with these presents And so we command you or two of you that at certain days and places which you should assign for the purpose you approach the aforesaid William and Thomas Flemyn if they cannot conveniently travel to you or tb two of you And carefully examine them being bodily present, of and upon the matter of the aforesaid petition upon their oathes, the holy gospels of god being touched by them in the presence of you or of two of you and that you receive their said replies to be made to the same petition and have then set in writing on parchment And when you shall have thus taken them, that you send them clearly and openly to our aforesaid Chancery on the Quindene of saint hillary next to come whenever it then shall be together with the aforesaid tenor and everything done by you in this behalf under the Seals of you or of two of -you, and this writ Witness I myself at Westminster the 19th day of November in the fortieth year of our reign.
   Egerton
   (Endorsed) The Execution of this writ is shown in a schedule attached to this writ.
   Evelyn
   The answere of William Prade one of the Deffendantes to the bill of Complaynte of John Vnderhill and honor his Wife The saide deffendante (Savinge to himselfe all excepcons and advantages to the insufficiencye and imperfeccons of the saide bill) for answer therevnto for asmuche as therein concernethe this Deffendant sayeth That longe before the saide XXVthe yere of the Queenes ma-yes Raigne in the bill of complaynte mencioned that is to saye in the First yere of her matyes Raigne One Stephin Pawlye thelder of Lelante in the countye of Cornewall gentleman grandfather of the said James Pawly in the Bill of Complaynte named was seised in his demesne as of Fee amongest other landes and tenementes of Castlehornecke in the parishe of Madderne in the Bill of Complaynt mencioned, which this deffendant supposethe to be the landes mencioned in the Bill of complaynte and therein named by the name of Castlehorne, and of Boscruge and of one tenement in Pensaunce then in the tenure of John Barbar and beinge so thereof seised by his writtinge indentted redye to be shewed whose date is the viijth daye of Marche in the said First yere of her matyes raygne (1) amongest other landes did give graunte and confirme vnto John Vose and George Trenhayle the aforesaid messuages landes and tenementes rentes reuercons services and other hereditamentes his in Castlehornecke Boscruge etc and one Tenement in Pensauns then in the tenure of John Barbar, To have and to holde the saide premisses vnto the said John Vose and George Trenhayle there heires and assignes for ever to the vse of the foresaid Stephin Palye and Margerye then his wife duringe there naturall lyves and after there deceases to the vse of Stephin Pawly sonne of the said Stephin Pawlye thelder and of the heires of his bodye lawfully begotten or to be begotten for ever (2) and for defalte of anye issue to the vse of the righte heires of the saide Stephin Pawlye thelder for ever to be helde of the cheife lordes of the Fees thereof etc which saide deade and graunte was in the said First yere of her matyes Raigne in the lyfe time of the said Stephin Pawly thelder laufully faithfullye and effectuallye executed as this deffendant verely thincketh beinge induced so to thincke by the indorement thereof, And the said deffendant further saythe that longe before the said XXVth yere of the Queenes matyes Raigne in the bill of Complaynt mencioned that is to saye in the XIJth yere of her matyes Raigne the foresaid Stephin Pawlye thelder wasalso lawfullye seised of one other place or tenemente in Pensance aforesaid then in the tenure of Benedicte Harrye And beinge so seised by his writtinge indented redye to be shewed whose date is the VIIJth daye of Julye in the said XIJth yere of her matyes Raigne Did give graunte and confirme to John Nicoll and William Vose the foresaid place or tenement in Pensance in the tenure of Benedict Harrye To have and to holde all the said place or tenement with all and singuler his appurtenances to the foresaid John Nicoll and William Vose there heires and assignes for ever to the vse of the said Stephin Pawlye duringe his naturall lyffe and after the decease of the foresaid Stephin to the vse of Stephen Pawlye his sonne and to the heires of his bodye lawfullye begotten or to be begotten for ever and for defalte of such issue to the vse of the right heires of the said Stephin Pawlye thelder for ever which said deade and graunt was also in the said XIJth yere of her matyes Raigne in the life Lyme of the said Stephen Pawly thelder law' 'ye executed accordinglye as this deffendant verely thinckethe bell % induced so to thinck by the ine: -cementt thereof, By vertue of which seuerall Deades and grauntes and by vertue and force of the Statute of vses transferring vses into possessions The said Stephin Pawlye thelder was lawfullye seised of all and. singuler the foresaid premisses so seuerally graunted in his demesne as of Freholde the Remaynder thereof vnto Stephen Pawlyc his (1) sonne and the heires of his bodye for ever as aforesaid And the said Stephin Pawlye thelder being thus thereof seuerally seised in or aboute the XIXthe yere of her matyes Raigne dyed thereof seised the foresaid Margery his wife beinge longe before deade After whose decease the foresaid Stephin Pawlye being the sonne of the said Stephin Pawlye thelder into all and singuler the said premisses did enter and was thereof seised in his demesne as of Fee farme to him and the heires of his bodye lawfullye begotten And beinge thereof so seised dyed seised of the same having issue of his bodye lawfullye begotten one Henrye Pawlye the eldest sonne and heire vnto whom all and singuler the said premisses after the deathe of the said Stephin Pawlyc his father did lawfullye discend by vertue of the gifte in tayle aforesaid vnto ( ?) heirs lawfullye begotten of the bodye of his said father By force whereof the said Henrye Pawlye into all and singuler the said premises after ye deathe of his said Father did enter and was thereof seised in tayle accordinglye as is aforesaid And beinge so seised aftenvardes that is to saye in or aboute the XXXVIJth yere of her matyes raigne he the said Henrye Pawlye by good and sufficyent assurance and conveyances in the lawe gave and graunted vnto the said deffendant and .their heires for ever all and singuler the said premises with thappurtenances by vertue whereof he the said deffendant was and is lawfullye seised of the said premisses in his demesne as of Fee and the rentes issues and profittes thereof bath receaved perceaved and taken to his own vse and (2) behoofe and so yett clothe And the writtinges and evidences aforesaid and diuerse other evidences and writtynges concerninge the conveyaunce of the premisses together with other landes to the said Stephin Pawlye sonne of the saide Stephin Pawlye thelder and the heires of his bodye which nowe of right doe appertayne and belonge vnto the said Defendant clothe still with him detayne and kepe as lawfull is for him to doe And the said deffendant further saythe that the said Henrye Pawlye yett livethe withoutt that that James Pawlye father of the said Honor in the bill of Complayntt named was seised in his demesne as of Fee of and in the saide premisses to the knoledge of this deffendant and beinge thereof seised Did thereof make a Feoffament to one John Bonython John Davye Stephin Pawley and Henrye Kalensowe as in the said Bill of complaynte is alleaged And withoutt that that the said estate was lawfullye faythfullye and effectually executed as in the said bill of Complaynte is surmised And withoutt that that the said Thomas Pawlye sonne of the said James Pawlye did enter and occupye all and singuler the premisses and was seised and dyed seised of the same withoute issue of his bodye, or that the said Thomas Pawlye is yett deade And withoutt that that the said Deade of entayle (yf anye were) made of and in the premisses by the said James Pawlye deceased vnto the said Thomas Pawlye and honor or any other charter evidences deades writtinges escriptes or minumentes concerninge the premisses provinge the said interest and title of the said Complaynantes of in and to the premisses and diuerse other landes tenementes and hereditamentes properlye belonginge to the said Complaynantes to the knowledge of the said Deffendant ar come to the handes possession and keepinge of the said deffendant who by coloure of having the said deades evidences Chartres writtings escriptes and minumentes (1) bath wrongfullye intruded and entred all and singuler the landes tenements and premisses aforesaid or any parte or parcell thereof, or hath combyned or corn-plotted to conveye and passe over any secret and fraudulentt estate to any person or persons And withoutt that that he the said deffendant bathe wrongfullye gotten the possession of the foresaid premisses or anye part or parcell thereof and the same dothe wrongfullye detayne or kepe or the rentes issues or proffittes thereof bath wrongfullye receaved perceaved and taken to his owne vse and behoofe contrarye to righte equitye or good conscience in suche manner and forme as the saide Complaynantes in there saide bill of Compiaynt have most vntrulye alleaged, And withoutt that that anye other matter or materyall thinge in the said bill of Complaynte contayned which toucheth and concerneth this deffendant and herein by this Deffendant nott sufficientlye answered vnto confessed and avoyded traversed or denyed to the knoledge of this deffendant is true, All whiche he this deffendant is and wilbe redye to averre mayntayne and prove as this most honorable Courtt shall order and awarde And therefore humblye prayethe to be dismissed oute of the same with his reasonable costes and charges in that behalf e most wrongfullye sustayned
   ' per me William Prade
   Euelyn The Annswere of Thomas Flemynge gentleman one of the defendants to the Bill of Complaynt of John Underhill and Honor his Wyffe Complenantes
   The defendant seythe that the bille of Complaynt is vntrue Vncerten and insufficient in the lawe to be answered vnto and the matteres therin conteyned Frevylous of purpose devysed, to put this defendant to greate charges and expenses of lawe havinge no iust cause of Complaynt, And yf the matteres therin conteyned were true as in dede the ar not, yet were the same determinable by the Course of the comon lawe of this Realme, And not in this honorable Court, Whervnto the defendant prayth to be dismissed, Neuerthelesse yf the defendant shalbe Compelled by order of this honorable Court to make any Farther annswere to the seyd insufficient bille, Then the advantages of the insufficiencye thereof at all tymes vnto the defendant saved, The seyd defendant for Annswere seyth That true it is That one James Pawly Father of the seyd honor in his lyffe time was lawfully seysed in his demeyne as of Fee off and in certyn Messuages and Tenementes scytuate lying and being in Mosehalle alias porthenys otherwise Mowsehole in Seynt pawle, pensance and St Ives in the Countye of Cornewall as by the seyd bille is named only Mosehalle pensance and St Ives Buscrigge Castelehorneck in Madderne and Chastelelaff in pawle, And being so seysed, The same James Pawly before the seyd dede of enteyle supposed in the seyd bille of Complaynt For dyuers soms of monies to him in hand welle and truly Contented satysfied and peyd by Nicholas Flemyng of pensance gentleman now deceased Father of the seyd Thomas Flemyng dyd bargeyne selle geve and graunt vnto the seyd Nicholas Flemyng his heyres and assignes for ever, All these his Messuages landes Tenementes rentes reuercions and cervice with all and singuler ther appertenances sett lying and being in porthenis Mowsehole St pawle and St Ives and hellisveior one house or seller in the tenure of William Chiuerton Esquire only exceptidd, To haue and to hold the seyd premisses with ther appertenances in Mowsehole St pawle St Ives and hellisveor vnto the seyd Nicholas Flemyng his heyres and assignes for ever, By vertue whereoff the seyd Nicholas Flemyng: into the seyd premisses entred held occupyed and enioyed the same, And the rentes yssues and proffittes thereof from time to time dyd quyetly haue hold and enioye during his lyffe, And after his decease the seyd premisses in porthenis Mowsehole St pawle St Ives and hellisveor decended and came as of right ought to descende to the seyd Thomas Flemyng the sonne and nexte heyre to the seyd Nicholas Flemyng, Who as by decent from his seyd Father entred and peceably and quyetly hath euersythen enioyed the same, And the yssues rentes and proffittes thereof hath quyetly Taken and enioyed as lawfull was and is for himm to do, Without that, That the seyd Thomas Pawlye decessyd sonne of the seyd James Pawly in this bill of Complaynt mencioned to his knowing or prevytye, Did at any time after the deth of the seyd James Pawly, into all and singuler the premises on the seyd bille enter, and was thereof lawfully seysed and dyed thereof seysed as in the seyd bille is most vntrulye alleged, and without that, any suche dede of enteyle to his knowlege is corn to the handes costodye or possession of the seyd defendant as in the seyd bille is vntruly alleged, And that such dedes escriptes minimentes and writinges ar in the handes and costody of the defendant, other then such, as were bargeyned and sold, by the seyd James vnto the seyd Nicholas Flemyng Father of the defendant for the better preseruacion of his right and interest vnto the seyd landes as to his Father Conveyed And now to him descended, And without that, that the same dede of enteyle or any other dede or writinges etc be deceyttefully corn to the handes possession and kepinge of the seyd defendant, or to the handes possession or kepinge of William Pryde alias Prade and William levele in the same bille mencioned, or to som or eyther of them to the knowlege or prevytye of the seyd defendant, or that the defendant by Colour therof haue wrongefully entred and entruded vppon all the landes and Tenementes aforeseyd as in the seyd bille of Complaynt is most vntrulye alleged, or hath made Fraudelent estates to persons vnknown as in the seyde bille is most Vntruly alleged, And without that, That any other matter or substance matereall or effectual in the bill of Compleant to be annswered vnto, and not by the defendant sufficiently confessed and avoyded trauersed and denyed is true, All which, the defendant for his parte is redye to Averre and prove as this honorable Court hath award, And therof prayth to be dismissed from the same with his reasonable Costes and expences in this Behalffe most wrongefully systeyned ;
   Thomas Flemynge     Tho: Chyuerton
   predictus Nichus (sic) Flemynge examinatus et Juratus Coram nobis
   Nicholas Godolphin
   William Willyams.
4. [S1092] J. H. Morrison, Underhills of Warwickshire, page 73.