Ancestors of Captain Arthur Fenner

Edward Fenner the Elder

 

Sir Edward Fenner, unknown artist, 1608. National Portrait Gallery, London.

Edward the Elder was born in Ifield or Crawley, Sussex, ca. 1535. Whereas his brothers George, Thomas, and Edward the Younger gravitated toward the southern coast and became successful sea captains in the British Navy, Edward the Elder pursued a career in law, moving to London to study at New Inn, then Middle Temple, where he was approved for the bar in 1557. He was a Member of Parliament for two years, representing Lewes in 1571, and representing Shoreham in 1572. On 19 May 1575 he m Anne Boxe at the church of St. Martin, Ludgate, London. In 1576, he served as bencher for Middle Temple (Master of the Bench, a governing member). The following year, he was made serjeant-at-law. In 1590, he was appointed to the Court of King’s Bench, the highest criminal court in the land. He was knighted in 1603, and he retired with a pension in 1608. In a bout of sickness in January 1612 (N.S.), fearing death, he issued a brief will giving his son Edward discretion over his estate, but he lived two more years, writing a much longer will on 5 Feb. 1614 (N.S.), which was probated on 14 July 1614. In the latter will, he said he was “three score and eighteen.” He died in Hayes, Sussex, and was buried at the Hayes parish church, where a marble effigy remains. Some of his children were named in the will of his brother, Edward the Younger (1608).

  1. Anne [b ca. 1577], m William Saye of Ickenham, Middlesex, on 20 Oct. 1601 at St. Saviour, Southwark. They had four children: William, Patience, Edward, and Robert. Their family was recorded in The Visitation of the County of Oxford (1896) and in Middlesex Pedigrees (1914), and Anne was named in the will of Edward the Younger (1608).

  2. Elizabeth, unmarried in 1608, not named in 1614.

  3. Francis, m Thomas Waller at Hayes on 19 Aug. 1605.

  4. Edward of Hayes [b 1576; d 1625 at Hampton Gay, Oxford], baptized at St. Leonard’s, Streatham, London, on 21 Aug. 1576. Matriculated at St. John’s College, Cambridge, in 1593. He m Katherine Barry [b 1574; d 24 Sept. 1663, age 79], daughter of Vincent and Anne Barry of Hampton Gay, ca. 1598. Katherine and Edward were named on a monument her mother had commissioned, which stood in the chancel of the Hampton Gay Church. The same monument includes a tribute to Katherine, “whose piety, charity, and hospitality made her honoured whilst she lived.” They had a daughter, Anne. Edward was executor of his father’s will in 1614. Probably the Edward Fenner who was High Sheriff of Oxfordshire in 1618. An effigy of Katherine is in the St. Giles parish church.

  5. Robert, witness to his father’s will in 1612.

  6. William of Chichester, executor for Edward the Younger’s will.

  7. George [d bef. 1614?], unmarried in 1608.

  8. Mary, apparently unmarried in 1608 and 1614.

Note: From 1155 to 1752, the legal new year in England began on March 25, so Edward’s first will, written 24 Jan. 1611 (Old Style), happened before the New Year, but it would be observed today (New Style) as 24 Jan. 1612. Similarly, his second will, written 5 Feb. 1613 (Old Style), is observed today as 5 Feb. 1614.

Lineage:
John | Thomas | John | Thomas | John | Edward

Sources:
1. Thomas Benolt, et al., The Visitations of the County of Sussex (London: 1905), p. 107: Archive.org
2. David Ibbetson, “Sir Edward Fenner,” Oxford Dictionary of National Biography (23 Sept. 2004): ODNB
3. William Berry, County Genealogies: Pedigrees of the Families in the County of Sussex (London: Sherwood, Gilbert & Piper, 1830), pp. 138–139: HathiTrust
4. Thomas Mills, History of the Parish of Hayes in the County of Middlesex (London, 1874), p. 24.
5. Charles Hopwood, Middle Temple Records, vol. 1 (1904).
6. John Sainty, The Judges of England, 1272–1990 (London: Selden Society, 1993), p. 31.
7. The Visitation of the County of Oxford (1896), pp. 252, 326–327: HathiTrust
8. Middlesex Pedigrees as Collected by Richard Mundy (1914), p. 161: HathiTrust

Will of Sir Edward Fenner
Prerogative Court of Canterbury, PROB 11/119

MEMORANDUM that uppon the fower and twentith daye of Jannarye Anno D[omi]ni one thousand five hundred and Eleaven, the righte worshipfull Sir Edward Fenner of Heys als Hese in the Countie of Midd[lesex], knight and one of the Reverend Judges of his Maiesties Courte of Justice called the Kynges Benche beyng sicke of bodye but of good and perfect memorye, beynge desired to make his will and beynge demanndes what order he woulde take for the givinge and disposing of his temporall goods did make his last will and testament nuncupative in manner and forme folowing or in wordes of like effort, viz: I Committ and referre my Children and all the goodes that I have unto the disposing of Edward my eldest sonne. And this we whose names ar hereunder written do testifie and beleve to be his fine and full Intent purpose and meaninge: In witnesse whereof we have set oure handes to these presents this fourthe daye of Februarye one thousand five hundred and Eleaven, and in the Nynthe yere of the raigne of oure soveraigne Lorde James by the grace of God kynge of England, Frannce and Ireland, defender of the faithe [] and of Scotland the fyve and fortithe. Witnesse hereof: Edward Fenner Esquire Brother of the Sayed Testator, and Robert Fenner the second sonne of the sayed Testator with others. Edward Fenner. Robert Fenner. Anthony Boxe.

 
 

Will of Sir Edward Fenner
Prerogative Court of Canterbury, PROB 11/124

IN DEI NOMINE AMEN Whereas our mortalitie here on Earthe ys such that no man can assure hymselfe of an howers respyt whereunto live, I Edward Fenner of Hayes in the Countie of Midd[lesex] esquire of the yeres of three score and eightene perteyning my selfe growe towardes my end do first and above all thinges commend my soule to God whoe of his greate mercey made me a reasonable creature hoping that yt will please hym of his mercy and goodnes that when this bodye of myne shalbe dissolved my soule shall enter into his kingdome which of his mercy God grannte. Secondlie I do will and desire that my bodye shall be interred and buryed where yt shall seeme best to my executor Mr Edward Fenner my neiphue. And whereas yt pleased God of his greate goodnes to enriche me and endowe me with temporall goodes of the which the Lawes Eccliasticall do fullie give leave and power to me beyng of sane memery to dispose of: I do therfore beyng of perfect and sane memorye to avoyde all controversyes which may ensue or to avoyde all scruples or doubtes whatsoever that maye arise after my deathe, freelie voluntarilye and of myne owne accorde acknowledge and confesse this to be my sole and onlye last will and testament and do hereby revoke and recall all other willes pretended whatsoever whether they were in writing or nuncupative. And I do only and solely adhere and sticke unto this my last will wherein my true meaning is to dispose of all my goods chattells and other coppyhouldes and all other things beyng in my possession or to come to my possession and of my whole estate as foloweth: First I do name Mr Edward Fenner esq[uire] my neiphue of Haies in the countie of Midd[lesex] my sole and only executor whome I make choise of to put hym in truste with all my whole estate and to dispose of it as folowethe. I do will and request that my first halfe yeres rent of all my Landes and Leases and coppiehoulds which shall become due at the Feaste of Sainte Michaell Th’archanngell next ensewing should be payed to my neice Mary Fenner sister to my neiphewe Edward Fenner. Item. I doe will and request that my next half whole yeres rent of all my Landes and Leases and coppiehouldes shalbe payed to my neiphue Robert Fenner brother to my neiphue Edward aforesayed the first payment to begynne at o[ur] Ladye daye in Lent and the second payment at the feast of Saint Michaell the Archanngell which payments must be made after my Neice Mary is

payed. Item. I do further will and requeste that the next ensewing halfe yeres rente after my neiphue Robert is payed should be kept in the handes of my trustie executor Mr Edward Fenner of Hayes aforesayed and to be at his disposall. Item. I do will and request that my next the whole yere after the sayed halfe yeres rent is left in my executor his handes that all my Landes and Leases and coppieholdes should soe continewe in my saied executor Mr Edward Fenner his handes and the profit thereof shalbe reserved to hymselfe and to his owne use. Item. I do further will and give to my Neice Anne Saye the somme of one hundred poundes in money to be payed to her the fourthe yere after the foresayed Legaceys be fullie payed unto my Neiphue Edward and Robert and my Neice Marye and one halfe yeres rent left in truste with my neiphue Edward at his disposall. I do further will and give to my neiphue William Fenner one hundred poundes to be payed within one monthe after my decease uppon suche condition that he will make a release of all promises past betwene me and my sayed neiphue William touching any Lease or Leases Land or any other bargaynes or promises whatsoever. Which bargaynes and promises unless he do absolutelye renounce and disclayme my will is that he shall not have any benefitt by this Legacy but yt shall come to my executor. I do allso give to my Neice Anne Shelley uppon a promise or bargayne of myne made before unto her or her father or bothe Tenne poundes to be payed within twoe monthes after my decease. I do further will that after fyve yeres expiration beyng fully compleate and ended after my decease that all my coppiehould Landes lying and beyng in Fishbourne in Sussex which I boughte of Sir William Bowyer knight should be sould. And I do will that out of the benefitt thereof and money there hence arising and amounting there should be payed to my cosin Katherine Fenner wife to my neiphue Edward Fenner my executor one hundred poundes. And I do further will that there should be payed and given to my cosin Anne Fenner daughter to the sayed Katherine the somme of Fiftie poundes. And I do further will and give all the rest and remnant of the sayed money arising out of the sale of the foresayed coppiehouldes to be devided betwene my neiphue Robert and my neice Mary Fenner by equall portions. I do allso give and bequeathe to goodwife Ball my woman servannte attending uppon me in the tyme of my sicknes for her paynes and dilligence the Somme of Twentye poundes and the Bedd whereon she lyeth readye furnished with twoe paire of sheetes such as she useth to lye in and all suche brasse potts and kettles and pewter which is myne with my still and Lymbecke and all therunto belonging. And I do allso give unto her daughter Anne Ball twentie shillinges to be payed to her within one monthe after my decease. I do allso further give and bequeathe to ye poore of the parishe where my bodye shalbe interred and buryed fyve poundes to be distributed unto them the daye of my Funerall, at the discretion of my executor. I do allso will and chardge my executor as farre fourthe as lyeth in hym that my bodye shall not be opened nor mangled after my deathe. And I do will and request my executor that there be no blackes or mourning clothes given at my Funerall. Only I desire that I may have a Sermon preached the which shall be at the chardge and appoyntment of my executor. I do lastlie to avoyde all manner of doubtes or scruple name my executor this second tyme whome I will should have all my estate in his handes to be distributed as before is mentioned viz: I Edward Fenner of Haies in the countie of Midd[lesex] esquire of the age of threescore and eighteene yeres do nominate and name my neiphue Edward Fenner of Haies aforesayed sole executor of this my last will and testament. In witnesse wherto I put to my hand and seale in the presence of us the fiveth daye of

Februarye in the yere of oure Lord God thousand sixe hundred and thirteene. Edward Fenner. Basill Wood. Collis Ball her marke. Vincent Barrey, William Weeden, Anthony Boxe. February quinto 1613

We whose names are underwitten beare testimonye and witnesse that Mr Edw Fenner th’elder of Haies in the countie of Midd[lesex] esquire beyng of perfect and sane memorye did recall and revoke all other pretended will or willes and did freelie confesse and acknowledge this to be his last will and testament and desired us whose names be underwritten the daye and yere above written to be witnesses hereunto. In witnesse whereof we put to our handes and seales Basill Wood, Vincent Barrey, Anthony Boxe, William Weden. Decimosexto February 1613. The sixteenth daye of Februarye in the yere of oure Lord God one thousand six hundred and thirteene.

I Edward Fenner of Hayes in the countie of Midd[lesex] esquire of the age of three score and eighteene yeres not intending to alter or change my will and testament made uppon the fiveth daye of Februarye in the yere aforesayed but intending only and purposing to explicate unfold and make playne my meaning as concerning some Legaceys left and bequeathed in my foresayed will and testament do will and require that whereas my will was and is that all or most parte of my goodes and the rest of my estate whatsoever should be distributed amongst my Brother Sir Edward Fenner knight deceased late one of the Judges of the kinges Benche his children and to prevent any Scruples doubtes quarrells or contentions w[hi]ch might arise amongest them or from out of my last will and testament I doe will and require that yf my neiphue Robert Fenner or my Neice Mary Fenner or either of them shall decease or dye before the Legaceys in my will bequeathed unto them do accrewe or become due to them or either of them as is specified in my foresaid will and testament. That then the aforesayed Legaceys left unto them by me in my last will shall come unto my executor Mr Edward Fenner of Hayes esquire in my will specified his handes. And I doe further will and require that neither my neiphue Robert nor my neice Marye hall dispose of any Legacey left unto them oreither of them in parte or in whole unlesse the saied Legacey have ben fullie and compleatelye due unto them or either of them. Thoughe I do desire that yf any parte of the Legacey be due unto foresayed neiphue Robert or neice Mary or either of them at the first payment of the first halfe yereas ys specified in my last will and testament That all which shalbe so due shalbe at theire disposalls. And whatsoever shalbe due in the next halfe yere or remnant of tyme after the decease of either of them should come unto my executor Mr Edward Fenner in my last will named and speciallye chosen therto by me whoe shall paye the saied remnant unto the Survivor of either of them. And in case bothe of them shall shold dye before the Legaceys should be so due I desire that all shall come to my executor his handes and to his use and at his disposall. Edward Fenner. Basill Wood. Collis Ball her marke. William Weeden. Robert Triplett.

PROBATUM . . . London . . . decimo quarto die mensis July Anno Dni millesimo sextentesimo decimo quarto [14 July 1614].

NOTE: In the first will, which was delivered orally, Edward and Robert were called his sons, children. In the second will, written more formally, they were called nephews, although in the final addendum they were clearly called children. The answer apparently lies in the old usage of the term nephew, which at the time could be used more broadly to mean descendant. See, for example, the Online Etymology Dictionary.