William of Hitchin I Yeoman c 1490-1556
William was the progenitor of Brockett clans
that flourished in Hitchin till the late 18th C and in nearby
Guilden and Steeple Morden from the late 17th to the 21stwith
branches around the world.
The Yorkshire Brokets' first Hertfordshire stronghold had
been Wheathampstead. But from at least the 1480s they
had ongoing close links with Hitchin, the next market
town riding north. In the 1540s and 50s the town of Hitchin
comprised about 40 households and Williama well-to-do
yeoman who farmed and made maltwas one of its
leaders.
William lived most of his adult life during the reign
of Henry VIII (1509-1547) when Broket influence in
Hertfordshire was strong. Two were Sheriffs of the County
and two its Member of Parliament. William was also wealthy,
as his will shows. He had 'mansyon houses in Hytchen' and
on a verbal guarantee he lent £140 to Edward
Brockett of Letchworth, Esquire. In days before banks
one only usually lent such a large sum to close kinmore
or less equivalent to £70,000 today; and by verbal guarantee
only to trusted ones who one thought could and would
repay.
William was clearly the son of a younger son
of the dynasty. Primogeniture meant that younger sons of landowners
often had to earn their living by the work of their hands;
even more so sons of those younger sons.
Although no document has been found stating that William's
father was William
youngest s/o Edward and Elizabeth Thwaites, his place on the
tree below has mainly been deduced from the 4 main
records about him:
___________________
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Elizabeth Ash m Thomas Broket Edward m Elizabeth Thwaites
_________________________________________________|____________________________
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John of Wheathampstead Esq Robert William
Sheriff Herts and Essex 1507-8, 1531 b bef 1466 b bef 1467
d 1532 m Lucy PULTER of Hitchin lived in Yorkshire beq manor of Herons
|_________________________________ | ________________|__
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| | ?| ?|
John of Swaffham Bulbeck Edward of Letchworth Esq William of Hitchin John of Offley
Esq b c 1485 d 1526 b 1490-1 d c 1557? b c 1490 d 1556 Yeoman
|________ Sheriff Herts and Essex will pr 1558
|
| 1547-8, 1554-5, Edward of
Sir John I b c 1512 MP Herts 1542, 1554 Letchworth Esq
knt 1547, MP Herts ________|_____________ overseer
| |
1553, 1555, d 1558 | |
Edward William
Esq/Gent Gent
Outlaw
These show William as a prominent member of the 16th
C market town of Hitchin. A yeoman was a farmer who
earned his way by working with his hands, rather than a gentleman
who did so without working with his hands. But William was
more wealthy than many Broket gentlemen after him, and even
esquires. The will of
John of Caswell Esq, grandson of Sir John III, proved a century
later in 1658, for instance, portrays a man a good deal less
well-off than William.
He paid more tax than some gentlemen:
| In 1549/50, for instance, he
was the second wealthiest householder in Hitchin half
hundred, paying 30s on £30 in goods, while Edward
Pulter Gent and Thomas Parys Gent each
paid 15s on £15 (PRO E179/121/193). |
There are no tax returns in the PRO for Hitchin between 1528-42
and no Brokets are listed in the returns for 1524,
1525 or 1526 (PRO E179/120/110, E179/120/137 transferred
to E179/120/124, E179/120/123 damaged and E179/120/129). So
it is not clear when William first became established
in Hitchin. In 1488 Edward of Wheathampstead had
bequeathed Herons or Heyrons, a small manor
near Wheathampstead, to his youngest son Willliamprobable
father of William I of Hitchinbut by 1532 it had become
part of the estate of the eldest line (VCH
Herts vol 2 p 302; PRO C142/53/29: IPM of John).
Shortly after William's death the Hitchin Parish registers
began to be kept; they show that in the following generation
there was only a single Broket family there,
that of William's son William.
Written 7 Apr 1556, Memorandum 12 April, pr PCC 17 Mar 1556/7.
i. Wealth
The will portrays a well-to-do member of the community. William
owned 2 houses and various copyhold lands
in Wratton and Hitchin. One house was in a street near the
market place occupied by a tenant, and the other was a messuage
with lands attaching. Owning 2 houses in those days meant
he would have inherited land. A man then could not easily
rise in status. William came from landed origins.
Over and above the rest of his estate, of which the house
he lived in had clearly been entailed earlier, he left legacies
of at least £198 1s, along with gifts to the
church, the poor and the upkeep of the high ways. His memorandum
shows that he had a further £80+ in cash
in his house previously unbequeathed. An equivalent in 2005
of all these legacies might be £300,000, with property
valued at several times that amount. The will shows
that William was a wealthy yeoman farmer:
- He had a considerable amount of ready cash
along with the gold and silver in the house.
- His house had hangings covering the walls,
a luxury at the time.
- He willed to be buried inside the Parish Church, an expectation
only of prominent members of the community.
- Silver spoons were a status symbol of
the rich in those days, to be displayed in sideboards (Abbott
1993 pp 11, 16), and William willed each of his children
to have one.
- He had several godchildren.
- It was customary for the gentry to leave money for the
poor and often for the Church reparation
fund, but it was only usually the larger landowners who
left money for maintenance of high ways.
ii. Widow
It was incorrect to say that William only provided a house
for his wife for one year after his death (Hine 1929 vol 2
p 343). He left Elizabeth his house in Bridge Streetthen
occupied by a tenantwith all its appurtenances for
term of her life, and it was the other housethe
one they currently lived inthat he willed she could
live in for a year. This was probably to allow sufficient
time for the tenant to vacate the Bridge Street house.
Not only that, but William also bequeathed Elizabeth
all his grain and crops, all his plate and other household
effects, as well as the profits from the lands due
to son Edward, until he reached majority. So William actually
provided very generously for Elizabeth, making
no condition common at the time, for instance, that her bequests
were dependent on her remaining single. She appears to have
died before 1563 by which time son William owned both the
house in Bridge Street and another one in Hitchin.
iii. Children
... m1 William Brokett m2 Elizabeth ...
| of Hycchyn |
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_______| Yeoman |____________________
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William Alice Elizabeth Edward daughters Grace
m ... b after b after Brokett
Chamber 1536 1536
|
- William
was bequeathed copyhold lands outside Hitchin.
The Bridge Street house would have been already entailed
to him.
- Alice, daughter from his first wife and
unmarried in 1556, was left £30 in the memorandum.
Alice was the significant new element in the memorandum:
| ... he hadd as then presenly
in his howse lxxx pounde and odde money in gold and
siluer he willed and bequethed xx pounde therof
vnto Elizabeth his wif And all the residue
of the same money he willed gave & bequethed vnto
William Brockett and Alice Brockett his sonne
and Doughter begottyn of his ffirst wiff (ll 56-9) |
- Elizabeth was perhaps specified lest
she were left out because she was married, or else because
her husband James Chamber/s was one of the witnesses to
the will. The Hitchin Parish Registers recorded James in
1567 and 1569 with 'wife Elizabeth'.
| Item I gyve vnto Elizabeth
Chamber' my Doughter and vnto euery of my other
Doughters fourtie pounde apeace of them to be paied
to theym when they or any of theym shall come to the
age of xx yeres (ll 19-21) |
- Edward was bequeathed
the copyhold lands in Hitchin. Under 20
in 1556, he was born at the earliest 1537.
In 1593 when he would have been at the most 57, he and
wife Barbara sold a messuage in Hitchin with a
garden, orchard and 3 acres of land (PRO CP25/2/159/2218).
The 2 are not otherwise recorded, but there is no other
Edward known there then. Hitchin parish records date from
1562, and while brother William's burial was recorded, Edward's
was not, nor his marriage. The Edward
of the next generation, son of William II, had married Parnell
Tanner by 1584 and moved with her to Campton by 1586 and
on to Dunton by 1596.
- Each of William's other
daughters were left £40. This implies that
here were at least 2 others. Was Joane wife
of Laurence Manfelde
one?
Three other females received bequests of 20s each, one or
more probably in service in William's household: Grace
Brockett, Johan Mathewe and Johan
Wylkynson.
Grace was the daughter of John
of Offley Yeoman, probable brother of William. In 1573 she
married Richard Prior of Barton-le-Clay,
Bedfordshire, the 'lovinge brother' of Edward
of Millo, grandson of William. She was probably in her early
20sb c 1550so would still have been a young girl
when William died. Grace bore Richard 9 children 1575-93 (Barton
Parish Register). She was still living 18 Mar 1616 when Richard's
will was proved in the Archdeaconry of Bedford.
iv. Birth date
The will suggests that William was born 1490-1500, probably
nearer the earlier date:
- A daughter from his second wife was already married and
probably born by 1534.
- With at least 2 children living from his first wife, William
probably married her in the early 1520s.
- The usual male age at marriage in the 2nd half of the
16th C was mid to late twenties (Laslett 1983 p 81ff).
v. Probate
William's executors were Robert Nycolles
and John Gaddesden. The overseer was Thomas
Parys, a Hitchin gentleman. Robert was a citizen
and Merchant Tailor of London, probable master of William's
son William, his apprentice. The will of Robert Nicolls
of London was proved at the PCC 8 years later in
1564; no Brokets were mentioned in it. John Gaddesden
was also a witness to William's son William's will in 1563.
As executors pursuing debts owed to William,
Robert and John sued Edward Brockett
in Chancery.
William of Hycchyn's will was the 6th Broket will
to be proved at the Prerogative Court of Canterbury
in London. This was the highest probate court in the land
and the 3 main reasons for proving wills there were:
- the testator's lands being in more than one diocese
- the likelihood of the will being contested or useable
in litigation
- status.
William's will was probably proved there for the second.
His executors saw trouble brewing. They were
preparing to challenge an elder branch of the clan. The fact
that William had copyhold lands 'holden of the Quenes maiestie'
would not have necessitated the higher probate. Hitchin manor
was owned directly by the crown.
Up to 1650 only 15 Broket wills were proved at the PCC:
| 1488 |
Edward
of Wheathampstead |
1556 |
William
of Hycchyn Yeoman |
1608 |
John
of Stowe & Ympington Gent |
| 1526 |
John
of Swaffham Bulbeck Esq |
1558 |
Sir John
I of Brockett Hall Hatfield |
1612 |
Dame Elizabeth
of Brokett Hall Hatfield |
| 1532 |
John
of Wheathampstead Esq |
1584 |
Edward
of Letchworth Esq |
1616 |
Anne
of Wild Hill, Herts |
| 1533 |
Robert
Citizen and Baker of London |
1585 |
Nicholas
of Wheathampstead Esq |
1620 |
Edward
Gent at sea |
| 1536 |
William
Citizen and Goldsmith of London |
1598 |
Sir John
II of Brockett Hall Hatfield |
1650 |
John
of Wheathampstead Esq |
| The two Citizens of London in
the 1530s were brothers from Northumberland and if related
to the Hertfordshire Brokets, were so through ancient
Yorkshire roots. All others in this list were
descendants of Edward of Wheathampstead, the
first in the list. |
vi. Religion
When William was in his 40s and probably a churchwarden,
he would have been a participant in the lively discussions
in Hitchin in 1534 when Henry VIII threw off the Pope's
authority and became Head of the Church in England.
The Protestant Reformation which followed brought about major
alterations in local worship and churchwardens had the responsibility
of implementing them. The progress of the Reformation came
to an end with the death of Edward VI in 1553, and William's
last 3 years saw the rapid return to Catholic forms
of worship under Edward's sister Mary Tudor. In July
1554 she married Philip II King of Spain and the Netherlands,
a strict enforcer of Catholic policy. William's last 2 years
were lived during the persecution that followed. He would
have known in August 1555 that the Sheriffhis cousin
Edward of Letchworthofficiated that month at a burning
at the stake in nearby St Albans.
There is a brief outline of this case in Bindoff
1982 pp 498-9.
i. Background
- William Brockett was a wealthy yeoman and a leading member
of mid 16th C Hitchin.
- He appointed Robert Nycolles & John Gaddesden
his executors:
| 'and to the perfourmaunce
of this my saied Last will and Testament I make Robert
Nycoll Citizen & merchaunt Taylour of London and
John Gaddesdon myne Executours'. |
- Edward Brockett snr
[of Letchworth] had been an MP and Sheriff
of Herts and Essex. Bindoff called William Edward's relative.
- Edward owned the manor of Bradfield as well as land in
Hitchin and elsewhere. He had purchased
land in Hitchin
and Offley 22 Oct 1555 for £80 and £40, total
£120 (HALS 58341), then in the tenure and occupation
of 'Thomas Paris of Hechyn gent' (l 8).
Thomas was the overseer of Wiliam's will.
- Edward Brockett jnr was Edward of Letchworth's eldest
son.
- Both Edwards were Attoneys at court - they had been educated
at Lincolns Inn.
- Sir Nicholas Bacon, Keeper of the Great
Seal of Englandthe Judge in this case and a Lincolns
Inn graduate himselfwould have known the 2 Edwards.
Sir John II was later knighted
at his home in Gormanbury, Herts.
- Nevertheless, the judgement went against Edward
jnr.
ii. The proceedings in Chancery
These are recorded on 4 parchment sheets comprising PRO C3/132/103
plus paper records of the judgement in PRO C33/31/81, with
earlier stages in C33/29/64 and 105, C33/30/104, C33/31/365.
C3/132/103 comprises:
- complaint of Robert Nycolles & John
Gaddesden against Edward Brockett jnr
- answer of Edward Brocket jnr to the complaint
of Nycolls & Gaddesden
- reply of Nycolles & Gaddesden to
the answer of Edward Brockett jnr
- rejoinder of Edward Brocket jnr to the
reply of Nycolls & Gaddesden.
The Judgement ordered Edward jnr pay the complainants
£90 in instalments and bound him and the complainants
in 200 marks (£133+) to each other. It was probably
never paid. Within a few years Edward jnr was an outlaw,
being pursued by two other Nicolls, and the prosperity of
the Hitchin Brocketts was declining. Following is a precis
of the main points:
| The
Facts |
| William
lends Edward snr £140 on a verbal promise.
At William's deathbed Edward snr admits to this
debt before witnesses and William reduces the debt
by £20. Later after Edward snr dies, Edward
jnr pays £20 to William's executors, apparently
under an agreement entered into between him and
Edward snr's executorshis younger brothers.
The issue raised before the Court is that
by the agreement between Edward jnr and his brothers
as executors of Edward snr's estate, Edward
jnr undertook to settle all the debts of
Edward snr. They now hold him to his promise. |
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| Edward
jnr's Answer |
Edward jnr's
Answer is essentially a bare denial. He admits to
knowing that Edward snr:
concluded a land
deal with William
paid William £10
at the time of the deal
appointed William and
John (his younger sons) to be his executors. |
However he denies any knowledge of the monetary
value involved in this land deal with William and
claims the complainants' case is fabricated. Edward
jnr alludes to an agreement made soon after Edward
snr's death between himself and his brothers William
and John whereby he undertakes to pay 'certain sums'
to settle Edward snr's debt and thereby release
William and John from their duty as Edward snr's
executors. Under this agreement he will settle the
debt within a number of years. It is a fact that
he pays the complainants £20 (why he did
so is at issue). Edward jnr admits that because
of this agreement with his brothers, he paid £20
to the complainants but he denies that in so paying
he had undertaken to settle Edward snr's entire
debt with William. He also denies that he was privy
to the agreement made by Edward snr. |
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| The
Crux of the Matter |
The question is: Why did Edward
jnr pay the complainants the £20? Was it because:
he was settling
the debt his father owed to William of Hitchin's
estate?
he was paying
towards the settlement of his father's
debt? |
The Complainants say it was the former, Edward jnr
says the latter. As he neither explains the scope
of his agreement with his brothers nor does he have
his brothers corroborate his story, the assumption
must be that Edward is not being entirely truthful
in his Answer. |
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| Rejoinder |
In
his Rejoinder, Edward jnr merely repeats and stands
by his earlier Answer. There is no infusion of any
supporting evidence. He again denies that the agreement
between him and his brothers is for the settlement
of all his father's debts as alleged by the complainants.
He now raises the legal issue of the complainants'
right in law, not being the executors of Edward
snr's estate, to bring this action (Bill of Complaint)
against him. He questions whether the complaints
have sufficient privity of contract
to give them locus (standing) in the Court on this
matter? |
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| Privity
of Contract |
1. Are the complainants party to
the agreement between Edward jnr and Edward snr's
executors?
2. If the allegation is true that
Edward jnr is to settle all of
Edward snr's debts, who is the party that benefits?
Brothers William & John? Or the complainants?
3. The agreement being denied,
are the complainants the correct party to bring
suit against Edward jnr or is the correct party
to do so his younger brothersthe appointed
executorssince Edward jnr entered into the
agreement with them?
4. It is not they who will suffer
a loss of benefit if he went back on his promise
to settle all debts. [If the agreement he made was
made with his brothers then the complainants have
no privity to enforce the agreement.]
5. Perhaps it is Edward jnr's tendency
to deny rather than to clarify issues which caused
the court to suspect his motives and truthfulness.
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| Judgment |
The Judgment
orders Edward jnr and one surety to be bound to
the complainants for 200 marks (£133+). It
also orders Edward jnr to pay the Complainants £90
in instalments. If he fails to do so his surety
will satisfy the debt.
The Judgment further orders the Complainants to
be similarly bound to Edward jnr for 200 marks.
They are to indemnify him and keep him indemnified
against all other persons who might lawfully claim
any part of the £90 from him. They are to
release the £90 to such persons as are entitled
to it under William snr's will and if they fail
to do so, their surety will settle 200 marks on
Edward jnr. |
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| Conclusion |
It
appears that the Court recognised a sum owing of
£90 only. By ordering Edward jnr to pay the
Complainants the Court is recognising that when
he paid £20 to the Complainants, he undertook
to settle all sums owing by Edward
snr. To make certain that he does pay this sum they
order that he or a surety pays £133+ (200
marks) if he reneges on this payment.
But the Court also wanted to ensure that Edward
jnr was not burdened by additional claims, so it
ordered that with the receipt of the £90 the
Complainants now must 'protect' (indemnify) Edward
against any subsequent claims on the same debt of
£90.
So if a 3rd party now claimed an entitlement to
the £90 or any part of it, the 3rd party would
have to recover it from the Complainants and William's
estate. If they refused to protect Edward jnr they
would have to pay to him 200 marks and if they failed
to do this their surety would have to do so. |
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| Grateful acknowledgements to Advocate
Richard Brockett for his comments on this interpretation. |
iii. Some questions
- Why did Edward snr appoint his next 2 younger sons to
be executors of his will? Edward jnr was his eldest son
and as an Attorney might have been the more likely candidate.
- Did Edward jnr expect that by taking over the execution
of his father's estate he might not have to take over the
debt of the estate?
- What were the terms of the agreement he made with brothers
William and John? Why would they agree to his taking over?
- Why did Edward jnr not reveal any of its terms in his
Answer? Would it not have helped his case?
- Why didn't his brothers testify in Edward's defence? If
he was settling his father's debt, so releasing his younger
brothers from their duties and benefits as executors, what
was the consideration for this agreement between them?
- Was Edward jnr in debt before this case?
Two licences issued 10 Oct 1554 and 15 Oct 1555 further
illustrate William's close relationship to the wider Broket
dynasty. They allowed Cuthbert and Mary Thomson to alienate
32 acres in Plumstead Marsh for a fee of 21s 4d (PRO C66/892
and C66/913; Calendar of Patent Rolls Philip &
Mary vol 2 1554-5, vol 3 1555-6).
They were identical with one exception. In
the first the licensee was William Brockett of Hitchin
Maltster, whereas in the second it was the much younger
William Brockett Gentleman, husband of Anne Bardolfe
and son of Edward of Letchworth.
Perhaps Cuthbert and Mary did not implement the first licence;
perhaps it was renewable annually. In any event, the
second was when William of Hitchin was still alive
and must have been bound up with the Kent land deal Edward
of Letchworth had made. This had been with the help of the
loan from William. Edward seemingly got the licence transferred
to his son William,
to whom he bequeathed his lands in Plumpstead Marsh.
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