Court Cases for the Ownership of the Calke Lease from 1573 to 1585
The questions arising from Frances dying intestate are
Executors of Richard Blackwall – Richard Needham, Ralph Heape, James Wetton, William Barwell – still holding the Lease – believed they were the rightful owners.
This was the start of many court cases – who was the legal owner of the Calke Lease?
Another interesting question on the workings of the Law in Tudor times was, why was Isabel Lathbury overlooked as Administrator for Frances, after being sworn in legally? [1]
Was it because of some pressure from an interested party? We’ll never know, except the following events show that only one man was to benefit and that was lawyer Richard Wendsley of Wendsley.
Richard Wendsley was involved in ‘wheeling and dealing’ in the lead smelting business. In 1575 Wendsley was in trouble for illicit lead smelting. William Humfrey, the owner of the patent for a new method of smelting, complained to Lord Burghly in 1575 and then again in 1577 that Wendsley persuaded Sir John Zouche to put up a ‘smelting house’ at Codnor Castle thus using his patent without permission. He was also involved with Mr Cavendish, (William, Bess of Hardwick’s second son) to build his smelting house. [2]
By tracing the following Prest family link, he had one purpose in mind; to make money for himself.
John Prest had four children – Osith, William, Elizabeth and Frances.
William Prest deceased, had a daughter Grace who was married to John Smyth – Yeoman of Headcorn, Kent.
(The fact that it is 27 years after John Prest’s death, tells us he must have been important in London during his lifetime, for a living relative to be traced.)
1573 – Court ruling – Rightful Owners of the Lease for Calke [3]
The administrator has full powers to administer the goods and chattels of the Deceased not administered and may sell the said lease. ‘Not the executors of the executors of the executrix’
To explain the above statement – Richard Blackwall’s executors – Richard Blackwall executor to Alice and Alice executrix to John Prest.
Administration of the Lease was granted to Grace Prest (Smyth), daughter of the late William Prest, brother of Frances.
Which meant Richard Blackwall’s Executors lost their claim to the Lease.
Following the Court Judgement, Richard Wendsley makes his ‘move’ to control the Lease of Calke.
On 27th November 1573 – with a Bond for £500, Richard Wendsley bribes Grace Prest (Smyth) and her husband John Smyth, Yeoman of Headcorn, Kent to ensure that they support him, at his cost, to overthrow the ‘Pretend’ Will of Alice, late wife of Richard Blackwall esq, deceased. That they shall convey to HIM all title and terms of years which John Smyth and Grace have in lease or administration and shall allow HIM to enjoy the lease under their title of John Smyth and Grace. [4]
On Monday 10th May 1574 – Ownership of the Lease is confirmed. Robert, late archbishop of Canterbury, grants Letters of Administration for goods etc. of John Prest late of Calke to John Smyth of Headcorn (Kent) and Grace his wife, daughter of the late William Prest, son of John Prest, to possess for divers (many) years to come for the manor of Calke and lands stated in the original Lease dated 1537.
On 16th June 1574 – as instructed by Richard Wendsley[5] Power of Attorney is given by John Smyth and Grace to Anthony Senior to take possession of the manor of Calke and all appurtenances, and then deliver the manor etc., to John Harrison of Lambeth, Surrey, his Agent.
On 2nd July 1574 – Sentence of Alice Prest (Blackwall) Will – ‘The Pretend Will verdict’:
Richard Wendsley got the Courts to prove that Alice’s short will was ‘pretend’, and therefore not legal.
The Court of Arches confirms that the rightful owners of the Calke lease are John Smyth and his wife Grace, daughter of the late William Preste. [6]
Richard Wendsley, following the Bribe to Grace and John, now was free to take the earnings from the Calke Estate to fund his Lead Smelting Business.
An interesting fact about Richard Wendsley’s Financial Position – TNA document below dated 10th March 1578. [7]
Surrender by Richard Wendsley of Cauke (Cawlke), Derbyshire, to Sir William Cecil, Treasurer, and Sir Walter Mildmay, Chancellor of the Exchequer (acting on behalf of Elizabeth I) of the Manor of Wensley, Derbyshire, and its surrounding lands and tenements, until £564 7s.0d. the remainder of a £718 19s.6d., debt owed to the Queen, is repaid. The original debt was in three parts: John Marsh of London, Esq., and Francis Grencha, London, gent, owed £298 9s.6d., John Marsh and William Marsh, his son, owed £129 9s.0d., and John Marsh and Francis Grencham by another deed owed £290 18s.6d.,
Sealed by Wendsley. 20 Eliz. I
(TNA E 355/155)
Richard Wendsley, by stating Calke as his seat, meant that he used Calke, when required, although the Freehold and Lease were owned by others.
Is Richard Wendsley about to lose control of the lease?
1578 – John Smyth dies and is buried on 4th April, All Saints Church, Maidstone, Kent. [8]
and on
8th September 1578 – Grace marries John Reames at All Saints Church, Maidstone, Kent. [9]
1578 – Richard Wendsley ensures his control of Calke as John Reames signs an agreement to continue the arrangement held by Grace and her former late husband John Smyth, with Richard Wendsley – at a cost, no doubt but worthwhile for Wendsley. [10]
1580 – Was Wendsley desperate for funds? As a strange non-event happens –
17th November 1580 – Richard Wensley and Edward Johnson sold the Lease of Calke to Richard Harpur of Swarkestone. The transfer took place in the garden at Calke. John Harpur was one of the witnesses.
Repeat meeting on 18th November, again in the garden of Calke –
Endorsed – To Richard Harpur discharged. [11]
No further mention of this transaction was found, in any of the Lease documents.
Did Richard Harpur realise that Richard Wendsley had no legal power to sell the lease, as the Courts acknowledged John Reames and Grace as the legal owners, so the ‘sale’ became a non-event?
Final Article – The Calke Manor Lease from 1584 – 1623
References
[1] 21st November 1572. Lichfield Consistory Court Book, Stafford. DRO Ref. 163. – Find my Past – Staffordshire, Dioceses of Lichfield and Coventry Wills and Probate 1521-1860
[2] History of parliamentonline1558-1603/member/wennesley-richard- d.1594
[3] DRO – D2375/L/D/6/1/4 – Derbyshire Record Office, Matlock.
[4] DRO – D2375/D/D/12/12 – Derbyshire Record Office, Matlock
[5] DRO – D2375/D/D/12/12 – Derbyshire Record Office, Matlock.
[6] TNA – PROB 11/56/353 – The National Archives, Kew.
[7] TNA – E355/155 – The National Archives, Kew.
[8] Find my Past – Kent Burials – Kent History Society
[9] Find my Past – Kent Marriages, Banns – Kent History Society
[10] DRO – D2375/D/D/12/12 – Derbyshire Record Office, Matlock
[11] DRO – D2375/D/D/12/15 (D2375M/82/13) – Derbyshire Record Office, Matlock.
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