Shirleys of Bagbere,
Sturminster Newton, Dorset, England
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This Lineage Last Reviewed and Updated March 2019

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.

William Sherley yeoman of Bagber Dorset - he was taxed for his lands at Bagber Dorset in the 1545 'tudor subsidy' tax list. He also held lands at Blandford Forum according to legal proceedings by daughters Anne and Joan following his death; William Sherley died on 14 September 1545 (37 Hen VIII) as stated in his post mortem inquisition that occured some years later in 1561.

1561 William Shorley of Bagbere, gent. Dorset; Post Mortem Inquisitions 4-5 Eliz E 150/948/16; land in Sturminster Newton held of the queen; He died 14 September 1545; Nicholas Sherley, son and heir.

married _________

Children:

1(i). Nicholas Sherley Sr of Bagbere Dorset born say 1534 (fixed by estimate of grandson Jonadab's birth) Named son and heir of his father Willliam Sherley of Bagbere Dorset in a PM Inq dated 1561 involving his inheritance of lands at Sturminster Newton Parish Dorset, held of the Queen; He inherited lands at Drome Somerset in 1565 from his brother Thomas Sherley of Clements Inn, London; He was named as brother to Joan Sherley in her 1567 Dorset Will; He was taxed for his lands at Bagbere in 1594 Dorset Lay Subsidy; A PM Inq for Nicholas Shorley in 1617 identifies his son and heir as William Sherley. Apparently buried in the churchyard of Sturminster Newton parish church according to the 1619 Will of his son William Sherley

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.

married _________

Children:

2(i). William Sherley of Bagbere Dorset born say 1554 (fixed by estimate of brother Jonadab's birth) He was named as nephew to Joan Sherley in her 1567 Dorset Will, son of her brother Nicholas Sherley; Named son and heir of Nicholas Sherley of Babere Dorset in his father's 1617 Post Mortem Inquisition record; At the time of his death, he held lands at Bagbere as well as at Haselbere Bryan Dorset (possibly more); His Will was dated 14 July 1618 and proven in 1619. He directed his executor to bury his body in the churchyard of Sturminster Newton parish Dorset near his father.

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 for her life, after that to William Sherley my son; give to wife Mary [various household furniture and items], give to daughter Dorothy L100 to be paid in 3 years after my decease out of my lands in Bagber within parish of Sturminster aforesaid; All the rest of my goods and chattels moveable and immoveable to my son William executor; Appoint friends Jonadab Sherlie and John Sherlie my bretheren to be overseers. Proven by son William Sherlie 1619. PCC 11/133 p 256; Proven by son William Sherlie

married Marie _____ on 6 August 1582 at Haselbury Bryan Parish, Dorset

Shelie, William m. Marie ____ 6 Aug 1582 at Hazelbury Bryan

Children:

3(i). William Shirley, gent of Bagbere Dorset born say 1584 (fixed based on parent's marriage date); He was named in the 1619 Will of his father William Shirley of Bagber Dorset; He was taxed for his land at Bagber in the 1628/9 Dorset Lay Subsidy; The administration of his estate was granted to his wife and relict Mary Shirley on 22 September 1629. nothing more known

22 Sep 1629 William Shirley Bagbere Dorset gent to relict Mary Shirley. bef Milchisadeck Waltham and Ric Swayne clks 12 aug 1630 Dorset Administrations

1630/1 William Sherley, gent Misc Sessions; 6 Charles I; pt 29, 161 Post Mortem Inquisitions [need this document]

married Mary [Fisher]; Either this Mary, wife of William Sherley or the mother of this William Sherley was the sister of Thomas Fisher of Taunton Somerset, gent whose 1616 Will mentions Mary Sherley, wife of William Sherley

1616 PCC Will Thos Fisher of Taunton Somerset, gent. 1 March 1616. I give to my brother in law Andrew Moore of Hawkchurch esq. Wife Mary. I give and bequeath the inheritance of the same my dwelling house unto Mary Sherley my sister the wife of William Sherley and her heirs for ever. Unto the same Mary Sherley my sister that my messuage or tenement with garden and the appurtenance belonging lying in the burrow of Taunton late in the tenure of John Cole and now in the occupation of John Marsh of Taunton gent. And after her decease unto Mary the daughter of the said Mary Sherley . I bequeath unto my niece Joan Elsden the daughter of Anthony Elsden my cottage in Lamport late the land of John Salmon. Unto William Fisher of Lamport my kinsman. To John Fisher of Abington, my uncle. To John Fisher, the youngr my cousin. To James Fisher of Oxford the son of Mathew Fisher my uncle deceased. Wit: Thomas Chirke, Lenoard Pope, William Sherley, John Sweetinge, Walter Underwood. Proven - 18 April 1617 Catalogue reference PROB 11/129 [note: Fisher married Mary More at Taunton 11 Sept 1609, He was a merchant and MP for Taunton]

Lands at Bagbere Dorset would likely descend through this marriage if any heirs existed. See Bagbere Lineages Below

Children:

4(i). Mary Sherley; Named in the 1616 Will of her uncle Thomas Fisher of Taunton Somerset. She inherited her uncle's dwelling house in Taunton, also his land in Taunton, after the death of her mother Mary Sherley

Other Children?

3(ii). Dorothy Shirley born say 1586; She was named in the 1619 Will of her father William Shirley of Bagber Dorset

2(ii). Leonard Sherley born say 1556 (fixed by estimate of brother Jonadab's birth) He was named as nephew to Joan Sherley in her 1567 Dorset Will, son of her brother Nicholas Sherley nothing more known

2(iii). Thomas Sherley born say 1558 (fixed by estimate of brother Jonadab's birth) He was named as nephew to Joan Sherley in her 1567 Dorset Will, son of her brother Nicholas Sherley nothing more known

2(iv). Nicholas Sherley Jr born say 1560 (fixed by estimate of brother Jonadab's birth) He was named as nephew to Joan Sherley in her 1567 Dorset Will, son of her brother Nicholas Sherley nothing more known

2(v). John Sherley born say 1568 (listed here out of chron order; birth fixed based on possibly being born after Aunt Joan Sherley's 1567 Will) Named as 'my bretheren" along with Jonadab Sherley in the 1619 Will of William Sherley of Bagbere Dorset; Curiously not named as a nephew of Joan Sherley in her 1567 Will (maybe not born at that point?) nothing more known

2(vi). Jonadab Sherley, gent. of Blandford, Dorset born say 1562 (wife born 1565); He was named as nephew to Joan Sherley in her 1567 Dorset Will, son of her brother Nicholas Sherley; He became one of the more prominent 'capital burgesses and councillors' of Blandford, served as Bailiff at 1604-5, Chamberlain in 1606-7, Bailiff again in 1611-12 and Chamberlain again in 1616-17. He was taxed at Blandford in the 1627 Dorset Lay Subsidy; He, or possibly a son of the same name served as Bailiff of Blandford again in 1631 and 1638; Jonadab Sherley (or again possibly a son with the same name) appeared in Dorset Quarter Session records as late as 1637; His name appeared on on a list of those taking the Oath against Catholicism at Blandford in 1641.

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.

"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."

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); She was apparently alive in 1648 as mentioned in her son Ezra Sherley Sr's Will of that date.

Children:

3(i). Ezra Shirley Sr of Blandford woolen draper born say 1590 (fixed roughly based upon brother William's date of birth); He was a prominent merchant in Blandford Dorset, serving as Bailiff in 1639 and again in 1647; At his death, he held lands at Great Sunford, at Blandford and at Kingston dorset; His PCC Will was dated 1648 and proven by his wife Mary in 1649. He directed his executors to bury his body in the church proper of Blandford Dorset; (son Ezra named as nephew to William Shirley of Blandford making him his brother)

1649 PCC Will of Ezra Sherley of Blandford Forum Dorset In the name of God Amen, I Ezra Sherley of Blandford Forum in the County of Dorset woollen draper being weak of body but thanks be rendered unto God of perfect remembrance do here make my last will and testament in form and manner as follows. First I resign my soul into the hands of that God which gave it being fully assured of the salvation thereof by [ ] faith in Jesus Christ who died for the sinners of whom I am chief; then I bequeath my body to the dust from whence it was taken to be buried in the Church of Blandford in consideration whereof I bestow upon that church twenty shillings and as for that other worldly estate wherewith God has in his mercy blessed me I desire in the first place my debts may be paid and then I give unto my daughter Marie Sherley four hundred and fifty pounds in money to be paid her the first monies can be raised after my debts are satisfied. I give unto my daughters Elizabeth Sherley and Mabell Sherley to each of them three hundred and fifty pounds apiece to be paid unto them at the age of two and twenty years or at six months end after their marriage if that prove to be before they come to the age before specified provided always that they marry with the consent of my wife Marie whom I make my executrix which if they have not they shall then have right to the moiety only of their portions above mentioned and no more. I give unto my son Ezra Sherlie one hundred pounds of money to be paid him at the age of twenty four years. I give unto my servant Ann Oliver six pound thirteen shillings and four pence to be paid her with as much convenient speed as may be; for my lands I leave them all to my son Ezra to inherit [ ] but I give unto my beloved wife the profits of the land lying at Kingston in the Parish of Great Canford and Blandford Forum aforesaid until it shall please God that my wife shall enjoy Lamiston as her jointure; and that then the lands of Kingston and Blandford shall be for my son Ezra’s better [ ] and to be delivered over to him in his own possession when he shall attain unto the age of twenty two years if the jointure of Lamiston be in my wife’s possession if not then not to delivered over unto him till my wife’s jointure at Lamiston fall it being provided that sufficient maintenance be allowed I give unto my wife the estate of my now dwelling house in Blandford during her life and in case my wife die before the estate be expired I give the remainder of the estate in my house to my son Ezra. I appoint likewise that in case my wife depart this world before my mother whereby land at Kingston and Blandford and my estate in my house comes immediately into my son’s hands or that my land at Lamiston upon the decease of my mother and my wife both descend unto him in his minority that then my very loving brothers Mr William Savage and Mr William Sherley may have the power to set and let those lands and house to the best advantage and to allow him sufficient maintenance for his education until he be twenty two years giving him then an account of such monies they have received and deducting what has been expended towards his breeding; and I appoint my very loving brothers Mr William Sherley of Shapwick, Mr William Savage of [Weymouth], Mr Richard Savage of Dineligh, Mr George Savage of Blandford to be the overseers of this my last will and testament desiring them to be aiding and assisting unto my executrix upon all occasions. I give likewise unto the poor of Blandford the sum of forty shillings to be disposed of to such as my executrix shall think to stand in most want; and in witness that this is my last will and testament I have hereunto set my hand and seal the last day of October one thousand six hundred forty eight by me Ezra Sherley in the presence of William Sherley, Augustine Drake. Proved 29th January 1648/9 by Mary Sherley relict and executrix PCC 11/207 p 66

married Mary Savage on 20 Sept 1625 at Bloxworth Dorset; She was granted income from several of her husband's estates in his 1648 Will and held the jointure of lands at Lamiston Dorset until her son Ezra Sherley Jr was age 22; She was also granted the dwelling house in Blandford for her natural life; She resided at Compton Valance Dorset at the time of her death about 1674, apparently in the household of her son-in-law Robert Pelham of Compton; Her Will was dated 1673 and proven in 1674

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.

Children:

4(i). Ezra Sherley Jr born say 1628 (fixed based on parent's marriage date); Named in the 1648 Will of his father Ezra Sherley Sr of Blandford Dorset as inheriting £100 when he reached the age of 24 ( He inherited all of his father's lands at Kingston, Great Canford, Blandford and Lamiston - which was in his mother's jointure till Ezra reached the age of 22. He was also named as an heir (along with his cousins) in 1657 Will of his uncle Rev. William Shirley of Shapewick Dorset; He was an employee of the British East India Company and appear in their records in 1661 and 1663s. Ezra Sherley Jr died sometime before 1666, because the 1670 Chancery lawsuit involving the heirs of Rev William Sherley of Shapewick specifically says that Ezra Sherley, nephew of Rev William Sherley died before William's widow Jane Sherley in 1666; Ezra apparently died unmarried nor with children. His Sisters Maria Pelham, Mable Shirley and Elizabeth Shirley were the only co-heirs named in 1670 Chancery suit regarding the estate of uncle Rev William Shirley of Shapewick, Dorset
Nov 13 1668 Court Minutes of the East India Company - A court of committeees: The executors of the late Ezra Shirley to be paid 17L. 5s. 9d

Apparrently unmarried, no children

4(ii). Maria Sherley born say 1630 (fixed based on parent's marriage date) Named in the 1648 Will of her father Ezra Sherley Sr of Blandford Dorset as inheriting £450; heir of father Ezra Shirley of Blandford Forum gent. Her children Robert, Mary, Elizabeth and Mabel Pelham were named in the 1674 Will of their grandmother Mary Shirley of Compton Valence Dorset; Maria Shirley was buried 23 Jun 1710; She married Robert Pelham of Compton Valence esq who in turn was buried 12 Nov 1682.

Note: Grandfather of her husband 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

Did Maria Sherley Pelham have a child Mary out of wedlock. See 1655 Will of sister Elizabeth Sherley who names "Mary Sherley daughter of sister Pelham"

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)

1682 - Mary Shirley daughter and heir of Ezra Shirley of Blandford Forum gent buried 23 Jun 1710 married Robert Pelham of Compton Valence esq bur 12 Nov 1682. Visitation of Dorset

4(iii). Elizabeth Sherley, spinster born say 1632 (fixed based on parent's marriage date) Named in the 1648 Will of her father Ezra Sherley Sr of Blandford Dorset as inheriting £350 when she reached the age of 22; 1655 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]

4(iv). Mabel Sherley born say 1634 (fixed based on parent's marriage date) Named in the 1648 Will of her father Ezra Sherley Sr of Blandford Dorset as inheriting £350 when she reached the age of 22; Executrix of the 1655 Will of her spinster sister Elizabeth Sherley; Mabel Shirley was the 1st wife of John Still of Shaston St James of Dorset esq; He was age 33 in 1677; sheriff in 1689

3(ii). Jane Shirley born say 1593 (fixed roughly on brother William's date of birth) She was named in the 1657 Will of brother Rev William Sherley of Shapwick Dorset's, but without mention of a husband's surname. However, she likely married ______Major; A son William Major of London, mercer "nephew" was a party to 1670 Chancery lawsuit involving heirs of Rev. William Shirley of Shapewick's estate. Jane was not named in the lawsuit, likely deceased.

3(iii). sister Sherley born say 1596 (fixed roughly on brother William's date of birth) Her husband William Savage was named as one of the overseers of her brother Ezra Sherley's 1648 Will; She married William Savage; Two of her children, Jonadab Savage and Elizabeth Savage were named in the 1657 Will of her brother Rev William Sherley of Shapwick Dorset; Her children were also involved in the 1670 suit in Chancery Court compelling their cousins, the heirs of Ezra Sherley Sr deceased to sell all lands inherited from the estate of Rev William Sherley of Shapwick

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

3(iv). Rev. William Shirley of Shapwick, Dorset born about 1602 (fixed by his Oxford matriculation date). He matriculated to Christ Church Oxford University on 19 May 1620, age 18; He obtained his BA on 22 January 1621 and his MA on 26 June 1623, a BD was earned Trinity Term 1631; He was named Rector at Steepleton Iwerne in 1630 and then Vicar of Shapwick Dorset in 1644. He was also Rector of Huish Champflower in Somerset in 1637; He was named as overseer of his brother Ezra Sherley Sr's Will in 1648; At the time of his death, he held land at Blandford Dorset; He was buried 3 September 1657 at Shapwick Dorset (another register says 31 August 1657) His estate was the subject of considerable litigation in Chancery for many years later

1631 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

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 Roger 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

[See full Chancery lawsuit at bottom of page]

married Jane Haskett She died in 1666 according to the 1670 Chancery lawsuit involving heirs of her husband; She named her brother Roger Haskett and sister Marth Haskett in her 1668 Will. Her Archdeaconry Court Will was proven in 1668

1668 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.

The descendants of Jonadab Sherley of Blandford died out in the male Shirley line

1(ii). Thomas Sherley of Clements Inn London born say 1537 (fixed from estimated birth date of elder brother Nicholas) He held lands at Long Tuchill in Sturminster Newton, land at Lydlinch, land at Drome in Somerset; His Will was dated and proven in the PCC in 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

1(iii). William Sherley, gent of Haselbury Bryan born say 1538 (fixed from estimated birth date of elder brother Nicholas Inherited lands at Lyndlynch from brother Thomas Sherley in 1565. He was named as brother to Joan Sherley in her 1567 Dorset Will; He resided at Haselbury Bryan Dorset when he leased the mansion house at Weston, Stallbridge in Dorset from Sir William Weston in 1593 nothing more known

1593- Bond, in £400 From William Sperley, of Haselbery Bryan, Nicholas Sperley, of Bagbere, and Thomas Young to William Weston, Knt., to observe covenants. DD\WHh/315- Helyar Documents and Muniments from Coker Court - Somerset Manorial Court Records.

21 May 1593 From Sir William Weston, Knt., to William Sherley of Haselbere Bryan, Co. Dors, of his mansion-house at Weston (in Stalbridge); to hold for seven years at a yearly rent of £50. FILE - Lease - ref. DD\WHh/450 - date: 21 May 1593 Somerset Archive and Record Service: Helyar documents and muniments from Coker Court- Somerset Manorial Court Records

1609-10 - Hillary Term 4th year 7 William Sherley gent v Thomas Forward clerk, a messuage and 10 ac in Lydlynche (vouchee John Combe) Dorset Recoveries James I reign Note: Nicholas Sherley (William Sherley's brother appears in court records involving 16 acres at Lydlinch in 1592, so his family also involved with land in that parish, thus...the above Willliam Sherley in the 1609 document might be the son of Nicholas, not the brother as shown here

1(iv). Joan Sherley She was involved in a legal dispute c.1545 with sister Anne and her husband Henry Wynter regarding lands at Blandford Forum which had been held by her deceased father William Sherley; She was named in the 1565 Will of her brother Thomas Sherley of Clements Inn London; Her own Will was dated 22 January 1567 and proven the same year;

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.

1(v). Anne Sherley She was involved in a legal dispute c.1545 with sister Joan Sherley regarding lands at Blandford Forum which had been held by her deceased father; She married Henry Wynter; Not named in either the 1565 Will of brother Thomas Sherley of Clements Inn, London nor the 1567 Will of sister Joan Sherley.

1(vi). Elizabeth Sherley She was named in the 1567 will of her sister Joan Sherley; She married John Shorte. Several of their children were named in the will of Joan Sherley.


John Sherley of Hinton St Mary Dorset He first appeared in the 1627 Dorset Lay Subsidy taxed on land at Hinton, St Mary parish. He took the protestant oath in 1641 at Hinton and also paid the Dorset Hearth Tax in 1662 for 4 hearths in his house

1627/8 Dorset Lay Subsidy - Hynton St Mary: John Shirley

1641 The parish of Hinton St. Mary that have taken the protestation - 1641 [list of those taking the oath against Catholicism] note: Hinton St. Mary parish is 1 mile north of Sturminster Newton [ list ] Bernard Shorley, John Sherly

1662 and 1664 - Dorset Hearth Tax Assessment: Hinton St. Mary - John Sherly 4

married _______Jenys, She was apparently the sister of Walter Jenys, gent of the City of London who bequeathed money to his nephew Bernard Shirley in 1636. John Sherley was also a witness to this Will.

Children

3(i). Bernard Sherley, gent. He inherited money in the 1636 Will of his uncle Walter Jenys gent of the City of London; He was buried in 1649 at St Mary's Church, Hinton Dorset.

1649 February Buried Bernard Sherley, son of John Sherley at Hinton St Mary Dorset

1816 March 3 - Baptism of Jeremiah Hutchins Sherly at Hinton St Mary, son of John and Elizabeth Sherly


Bagber Shirleys (continued)

Andrew Sherley of Bagber, Dorset - He 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"

married Sussanah Highmore; the daughter of Nathaniel Highmore, rector of Purse Caundle and sister of the famous physician Nathaniel Highmore Jr (b 1613). She married 2) Edward Thornhill in 1646 at Haselbury Bryan Parish, the uncle of the very famous court painter Sir James Thornhill (s/o Walter Thornhill and Mary Sydenham) He apparently died in 1676

Note: her father Rev Nathanial Highmore was invested in the 1623 scheme of Rev John White to build a new settlement in New England. White was the rector of St Peter Dorchester.

"White himself never sailed to America. About 1623 he interested himself in sending out a colony of Dorset men to settle in Massachusetts, allowing nonconformists to enjoy liberty of conscience. The attempt by the Dorchester Company to plant a colony at Cape Ann with Thomas Gardner as Overseer, at what would become Gloucester, Massachusetts, did not prove at first successful; in the previous decade, only about 500 English colonists had established a foothold, and this Company was wound up by 1625. White then recruited emigrants from the western counties of Dorset, Somerset and Devon, who set sail a few years later as a better-supported expedition and organized church aboard the ship Mary and John. ...The Mary and John was the first, carrying 140 people recruited by White. In June 1630 they landed and founded the settlement of Dorchester, Massachusetts"

Children:

1(i). Susannah Sherley - mentioned as child of Susannah in 1667 lawsuit of Edward Thornhill esq vs Andrew Sherley

1(ii). Elizabeth Sherley - mentioned as child of Susannah in 1667 lawsuit of Edward Thornhill esq vs Andrew Sherley

1(iii). Andrew Sherley - born say 1640 at Dorset; named as child of Susannah defendant in 1667 lawsuit of Edward Thornhill esq. The lawsuit concerned activities surrounding his apprenticeship to William Smyth and with land at Haselbury Bryan Dorset

Andrew Shirley, son in law of Edward Thornhill of Dorset to William Smith mercer for 7 years indenture and enrolled Sep 1655.

1667 Sherley v Thornbull Plaintiffs: Andrew Sherley. Defendants: Edward Thornbull. Subject: property in Haselbury Bryan, Dorset. C 6/46/191


Andrew Sherley of Bagber, Sturminster Newton, Dorset

1677 Will Of Sherley, Andrew of Bagber in Sturminster Newton, Admon in Archdeconry Court

married Mary Randall on [ ] 1658 at North Cheriton Parish, Somerset; She was the sister of Ambrose Randall of Sturminster Newton and North Cheriton, Somerset; Note: Ambrose Randall was the son of Benjamin Randall of Cheriton Somerset (1656 Middle Temple admissions)

1667 Feb 18 Will of Ambrose Randall of Bagbere, Sturminster Newton Castle, Dorset gent. Proved March 24 1667. Ment. his cousins Andrew Sherley, Thomas Sherley, Mary Sherley, Benjamin Sherley and Nicholas Randall all his lands in North Cheriton Somerset. His sister Mary Sherley should have the use of the estate and her husband Mr. Andrew Sherley . - should not have anything to do with the estate. The said Andrew Sherley, the younger, Thomas Sherley, Mary Sherley, Benjamin Sherley and Nicholas Randall his nephew his executors. Probate by Andrew Sherley Jun, Thomas, Marie and Benjamin Sherley, and Nicholas Randall - PROB 11/326 24 March 1668 Will of Ambrose Randall, Gentleman of Sturminster Newton Castle, Dorset

Children

1(i). Andrew Sherley Jun. born say 1659 (fixed based on parent's marriage) He was mentioned in the will of his uncle Ambrose Randall

1(ii). Thomas Sherley born say 1661 (fixed based on parent's marriage) He was mentioned in the will of his uncle Ambrose Randall (Note: Is he the slave trader who left a PCC will in the 1690s? Names his brothers Andrew and Nicholas and Benjamin Shirley)

1(iii). Mary Sherley born say 1663 (fixed based on parent's marriage) She was mentioned in the will of her uncle Ambrose Randall

1(iv). Benjamin Sherley chr 9 Feb 1666 at North Cheriton, Somerset, "son of Andrew Shorly" He was mentioned in the will of his uncle Ambrose Randall

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). Note: Robert Randall was the brother of Mary Randall Shirley, wife of Andrew Sherley, shown above

 

1667 PCC Will of Benjamin Randall of North Cheriton Somerset ----- son Ambrose Randall, son Robert Randall...that the said Robert shall pay unto my Godson Nicholas Shirley L4 and to my grandchildren Andrew Shirley, Thomas Sherley and Elizabeth Randall 40 shillings a piece

1667 Feb 18 Will of Ambrose Randall of Bagbere, Sturminster Newton Castle, Dorset gent. Proved March 24 1667. Ment. his cousins Andrew Sherley, Thomas Sherley, Mary Sherley, Benjamin Sherley and Nicholas Randall all his lands in North Cheriton Somerset. His sister Mary Sherley should have the use of the estate and her husband Mr. Andrew Sherley . - should not have anything to do with the estate. The said Andrew Sherley, the younger, Thomas Sherley, Mary Sherley, Benjamin Sherley and Nicholas Randall his nephew his executors. Probate by Andrew Sherley Jun, Thomas, Marie and Benjamin Sherley, and Nicholas Randall - PROB 11/326 24 March 1668 Will of Ambrose Randall, Gentleman of Sturminster Newton Castle, Dorset

8 August 1681 at Manston Parish, Dorset Nicholas Shirley married Ruth Morris, dau of William and Hannah Morris.

1683 Nov 13 - Manston Dorset - Burial of Ruth Shirley, wife of Nicholas Shirley

1685. (1st. James II) Crane Court, Fleet Street, London.. 22nd. October. Claver Morris and his Wife to Nicolas Shirley and T. Hardress.Property Records: Box AQ/UL/A3/89-94- British Records Association

1687 Morris v Shirley. Plaintiffs: Claver Morris. Defendants: Nicholas Shirley. Place or subject: marriage contract, Somerset. Document type: bill and answer C 7/223/36

1690 Morris v Goddard. Plaintiffs: Claver Morris. Defendants: Edward Goddard and Nicholas Sherley. Subject: marriage contract, Somerset. Document type: bill and answer C 8/418/99

Prob 18/23/131 - 19 July 1695 -Estate of Capt Thomas Shirley (PCC Probate 1696) Imprimis. That the said Thomas Shirley ye deceased in this case did express a great love for his brothers Nicholas, Benjamin and Andrew and more specially for his sister Mary Shirley, that he would give ye said Mary Shirley three or four hundred pounds at his death. Item that the sd Thomas Shirley dec'd in this case was in the year 1691 Capt Master commander of the ship East India Merchant and did in the sd year 1691 in her as Capt Master or commander a voyage to Guinea and Christopher Price who is since dead went with ye sd Thomas Shirley ye sd voyage in the sd ship as purser. [Christopher Price wrote the will, and returned to England many times, mentioning the terms contained inside] Item. That the sd Thomas Shirley did make sd voyage and make his last will and testament in writing in presence of credible witnesses, did nominate Benjamin Shirley his lawful brother one of his exts, did give bequath a legacy of two or three hundred pounds to his sister Mary Shirley declared to Capt John Hereford and others and this was true publick....and sd Thomas Shirley did nominate his brother Benjamin Shirley since deceased one of his executors and also give a legacy of two or three hundred pounds to his sister Mary Shirley

1696 PCC Administration of the Estate of Benjamin Shirley Middlesex and West Indies

28 Apr 1711 - 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). PCC PROB 11/520

Nicholas Shorley buried 18 March 1710 at Sturminster Newton


_____Shirley

married ______

Children:

1(i). ______Shirley

married _____

Children:

2(i). Andrew Shirley of Sherborne Dorset. He was buried 8 April 1720 at Sturminster Newton Parish This will is too late to be directly connected with above Edward Thornhill husband of Susannah Highmore Shirley Thornhill. But could be Susannah's son Andrew Shirley (b about 1640)

1720 PCC Will - Will of Andrew Shirley of Sherborne Dorset. 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 [ ] 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. To my cousin Sydenham all which shall be due to me at my death. I give to my cousin Highmores of Ibberton, a ring a piece of the like [ ]. Also I give to Mr [H]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 Harkell. Proven 1720 by his residual legatee, Andrew Shirley (PCC 573/29 sig 94)

1(ii). ______Shirley brother of the above Shirley

married _____

Children:

See next

Andrew Shirley of Bagbere, Dorset - Inherited lands at Bagbere Dorset; Likely, the "cousin Sherley of Bagbere" and residual legatee of Andrew Shirley of Sherborne and Sturminster Newton who died and left a Will in 1720. Andrew was buried 15 February 1746 at Sturminster Newton. His will was dated 11 January 1740 and proven at PCC in 1747.

1747 Will of Andrew Shirley of Bagbere in parish of Sturminster Newton Castle Dorset gent. Dated 11 Jan 1740. To son Thomas Shirley and to daughters Betty Shirley, Mary Shirley. 1200 pounds a piece. 1000 pounds to be paid out of my farm and Manor of Zonilies/Zouches in the County of Bedford and Hertford . Messuages in Wiltshire in Sturminster Newton Castle called Jeaness in Bagber unto William Churchill of Collyton in Corchester Dorset esq to Henry Thornhill of Holland in Dorset esq and to Rev Peter Morris Goddard of Marnhull Dorset clerk and to their heirs to the uses Trusts interests and purposes following: aforesaid may out of the rents, profits etc (except my Mansion house in Bagber and original estate and lands theretor) at the expeiration of the sd 12 months after my decease [pay the 1200 pounds plus interest to sd 3 children] And after to the use of my son John Shirley for and during the term of his natural life and after his decease to the use of such woman as he shall marry with the term of her natural life. Then to the use and behalf of the first, secon third and every other son and sons of my said son John Shirley on the body of such woman as he shall intermarry with lawfully for term of 200 years from the time of their respective births. In failure of issue male then to the use and behalf of my son Thomas Shirley then [same instructions, but this time 300 years]. In default of male issue then to the use and behalf of my daughters Betty and Mary Shirley their heirs as tenants in common, not as joint tenants [If John or Thomas have issue female...divided equally etc]. Name son John Shirley sole executor. <s> Andw Shirley. wit:Anna Maria Rose, James Jeanes, Dinah X Addams. Proven 13 March 1746 by oath of John Shirley son of deceased and sole executor (PCC 11/753 sig 83)

married Mary Rose on 20 February 1718 at Netherbury Dorset. She is named in son Thomas Shirley's christening record. Likely the Mary Shirley who was buried 23 July 1762 at Sturminster Newton.

1731 Nov 10 - William Mills of Meerhay in Beamister [Beaminster], Dorset, gent, & Mary his wife; John Beer the younger of Netherbury [Dorset], gent, & Ann his wife; and Eleanor Strode of Netherbury, spinster, which said Mary, Ann, and Eleanor are the nieces and heirs of George Strode of Slape in Netherbury, esq v. Mary Strode widow; Churchill Rose, esq; and Andrew Shirley, & Mary his wife - C78/1732, no. 3

Children:

1(i). Andrew Shirley christened 13 April 1720 at Sturminster Newton, son of Andrew and Dinah (sic) Shirley, nothing more know, likely died young?

1(ii). John Shirley, esq of Bagber Dorset - born say about 1721; He was apprenticed to Richard Brookes, citizen and mariner in 1737. Executor of his father's 1747 Will; Named in the 1753 will of brother Thomas Shirley; He served as one of three named as Sheriff of Dorset for 1756; He clearly held the family lands at Bagber Dorset at the time of his death (passed to son John) His will was dated 1764 and was proven many years later in 1773 after his son John Burbage Shirley attained the age of 21. He was buried 18 June 1765 at Sturminster Newton parish.

1737 Apprenticeship Sherley John s of Andrew of Dorset gent to Richard Brookes cit and Mariner

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 Holdense to sons Andrew and Robert, to daughter Elenore Shirley and Elizabeth Shirley, Remainder to my oldest son John Burbidge Shirley within terms of settlement made previous to my marriage with Elizabeth my wife. Sister Mary Shirley spinster. Wit: Martha Best John Hoddinst. Codicil: Land at St James Shaston (Shaftsbury) to wife Elizabeth during her widowhood, and after to sons Andrew and Robert Shirley; Executors: wife Elizabeth, sister Mary Shirley, Mr Mathew Meresford and wife Betty of Shaston until son John Burbage Shirley is age 21 then he becomes sole executor. Proven 1773 by John Burbage Shirley [PROB 11/918 157]

Burial Sturminster Newton 18 Jun 1765 John, Esq. Shirley

married Elizabeth Frampton on 19 February 1749 at Cann parish, Dorset. She was the daughter of Robert Frampton of Buckland Newton. His will proven 1757 named his dau Elizabeth wife of John Shirley, esq. She was alive at the time of her husband's death in 1765 and named in his Will; 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:

2(iv). John Burbidge Shirley - born about 1752 according to age of matriculation to Oxford University; He was christened 7 Mar 1755 Sturminster Newton. Heir of his father John Shirley of Bagber Dorset; He matriculated to Queens College, Oxford University on 3 April 1770 aged 18; His will was dated 1784 and was proven the same year, thus only about age 32 at time of death.

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

married Rebecca_______ Rebecca Shirley was buried 1775 at Sturminster Newton; She was not named in the 1785 will of her husband John Burbage Shirley

Children:

3(ii). Andrew Shirley - christened 9 August 1771 at Sturminster Newton to John and Rebecca Shirley; He was named in father's 1785 Will; Also named in his uncle Andrew Shirley's 1788 Will. Likely also the Andrew Shirley, nephew, mentioned in the will of Eleanor Shirley in 1808. Nothing more known

3(i). Robert Shirley - born about 1771 according to age at which he entered Oxford University; Matriculated to Wadham College Oxford University on 20 October 1796, aged 25. He was not mentioned in his father's 1785 will, but certainly alive. Nothing more known

2(ii). Rev. Andrew Shirley, esq of Yetminster, Dorset, clerk born about 1753 according to age at which he entered Oxford University; He was christened 7 Mar 1755 at Sturminster Newton parish to John Shirley; Named in his father's 1764 will to inherit lands at St James Shaston (Shaftsbury) Dorset as well as lands at Buckland Newton; He matriculated to Oxford University, Wadham College on 19 May 1771, aged 18; He attained his B.A in 1774. Nominated as curate of Stockwood Dorset in 1776 and Yetminster in 1785 (Wilts and Swindon archive) He died in 1787 and was buried 20 November 1787 at Sturminster Newton; His will was dated October 1787 and proven in 1788. At the time of death, he held lands at St James Shaston, Buckland Newton and at North Wooton

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]

2(iii). Elenore Shirley of Yetminster, Dorset, spinster - christened 7 Mar 1755 Sturminster Newton; She was named in her father's 1764 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

2(iv). Robert Shirley of Shaston, Dorset - christened 26 June 1759 Sturminster Newton, Dorset. Named in his father's 1764 will to inherit lands at St James Shaston (Shaftsbury) Dorset with his brother Andrew Shirley; He also inherited all his father's copyholds located in the county of Dorset; Also inherited his father's freeholds (with brother Andrew) at North Wooton, Long Burton and Holdense Dorset; , alive in 1788. He is alive in 1808, administering estate of sister Eleanor Shirley. Nothing more known

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

2(v). Elizabeth Shirley - christened 26 Jun 1759 Sturminster Newton; She was named in her father's 1764 Will.

1(iii). Betty Shirley christened 30 August 1723 at Sturminster Newton, daughter of Andrew and Mary Shirley. Named in father's 1740 Will, then unmarried; She married Mathew Merefield/Merryfield on 28 March 1751 at Woolland Dorset; They lived at Shaston (Shaftesbury) Dorset; She and her husband are named in the 1764 will of her brother John Shirley

1(iv). Thomas Shirley of Woolland and St James, Dorset, christened 8 April 1726 at Sturminster Newton parish, son of Andrew and Mary Shirley; He was set out as a medical apprentice on 30 June 1744 (father Andrew named) with master Nathaniel Poole. Named in the 1747 Will of his father Andrew Shirley (dated 1740); Thomas became an Apothecary of Woolland parish, and then of St James Dorset. Buried 31 July 1753 at Sturminster Newton, apparently age only about 27. His will names only his brother John Shirley and 2 sisters, indicating that Thomas died unmarried, or else wife and any children had already died. Buried at Sturminster Newton on 31 July 1753.

30 June 1744 Apprenticeship - Shirley Thomas s of Andrew of Bagber Dorset to Nathaniel Poole of Dulverton Somerset surgeon etc

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]

1(v). Mary Shirley christened 9 November 1729 at Sturminster Newton. Likely the Mary Shirley who was buried on 20 November 1729 at Sturminster Newton

1(vi). Mary Shirley, 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.


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

 


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