The Kings Candlesticks - Family Trees
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Nicholas PASFIELD [24353]
(Cir 1585-Cir 1670)
Mary YOUNGMAN [25171]
(Cir 1583-)
DYER [28839]
(-Bef 1641)
Mary PAYNE [28840]
(Cir 1595-Cir 1641)
Philip PASFIELD [21868]
(Cir 1615-Aft 1684)
Susan DYER [21869]
(-Aft 1696)

Nicholas PASFIELD [24287]
(Cir 1646-1701)

 

Family Links

Spouses/Children:
1. Joane [26682]

Nicholas PASFIELD [24287]

  • Born: Cir 1646, Wethersfield ESS
  • Marriage (1): Joane [26682] circa 1682 in Surry Virginia USA
  • Died: 9 Jan 1700/01, Surry County Virginia Nth America aged about 55
picture

bullet  General Notes:


He married Joane (---) about 1681 in Surry County. Nicholas filed a suit in the High Court of Chancery in London in 1677 over the payment of a mortgage on his properties to a Francis Strutt. Before he left for Virginia in 1676, he left brother-in-law Solomon Alston as his agent to collect rents from tenants in his absence.[1] He received some money in the will of his father.[2] Nicholas took in his nephew John Alston when he arrived in Surry County by 1693.[3]

Nicholas was mentioned in the now missing will of grandfather Nicholas Pasfield. He was given ownership of properties named Triglots and Thorleys after the death of his father Phillip. In 1696, he sued his mother and others so that they would collect rents and maintain these properties in England for him.[4] Phillip left his own will dated 9 Jan 1700/01 in Surry County. Joane lived at least until 22 Nov 1704.[5]

[1]The National Archives of the UK, Pasfeild v Strutt, 1677 (London, England: The Nationals Archives), C 7/271/32. The suit was over when the repayment of the mortgage was to be made. The outcome of the suit is not known. On 28 May 1694, Thomas Fitch was the owner of the Cross Croft property mentioned in the suit. (Essex County, England, Court Roll Deeds Online Abstract D/DK T295/34 , ERO.)
[2]Essex County, England, Church of England, Archdeaconry of Middlesex, registered copy of wills 1678-1711, FHL microfilm [0094732] pp. 191-192, Family History Library.
[3]Surry County, Virginia, Deeds, Wills, Etc. No. 4, 1687-1694, FHL microfilm [0034100] p. 332, Family History Library [FHL] Salt Lake City, Utah. Nicholas was found regularly in the Surry County taxable records from 1677 to 1701. (Forrest D. King, The Parentage and Possible Wife of Colonel John Alston of Chowan County, North Carolina (unpublished manuscript, 2017) 5).
[4]The National Archives of the UK, Pasfield v Pasfield, 1696 (London, England: The Nationals Archives), C 7/260/16. Nicholas' ownership of these properties is used later in this paper to identify his grandmother. The suit claims that his mother wanted to sell them to a Thomas Fitch, gentleman, on behalf of Ann (Pasfield) Jones her daughter. The results of this lawsuit or the next owner of these properties in Wethersfield are not known. No mention of these properties is found in the will of Thomas Fitch. (The National Archives of the UK, Will of Thomas Fitch, Yeoman, of Wethersfield, Essex, 1703 (London, England: The Nationals Archives), Prob 11/468/309).
[5] Isle of Wight County, Virginia, Deed Book 2 1704-1715, microfilm no. [Reel 2], p. 38, Virginia State Archives, Richmond, Virginia.
Forrest King - 2019

Passfield v Strutt
tertio die July 1677 (3 July 1677)
Parkyns
To the Right Honorable Heneage Lord First Baron of Daventry Lord High Chancellour of England
Humbly Complayneing showeth unto your Lordshipp your orator Nicholas Pasfield of Wethersfeild in the County of Essex yeoman that your orator in or about the month of May in the yeare of our Lord God 1676 was seised to him and his heirs according to the customs of the mannor of Wethersfeild in the said county of Essex or and in one customary messuage or tenant and severall pieces of Land called by the name of Pasfield and of and his one croft of land called by the name of Cros Coft holden by coppy of Court Roll of the said mannor and Orator being soe Thereof seised having occasion for moneys did in or about the said month of May one thousand six hundred seaventy six for the supply of his then payment occasione did borrow of one Francis Strutt of Wethersfeild aforesaid yeoman the sume one hundred and thirty pounds for one yeare and for the security of sd paymt thereof with Intrest att the tyme your orator did agree to surrender the said coppyhold messuage and several parcells of Land to the use of him the said Francis Strutt and his heirs And in performance of such agreemt your orator in or about the fifteenth day of May in the twenty eight yeare of the Reigne of our Sovereigne Lord King Charles the second Anno Dud 1676 did by way of mortgage only surrender into the hands of the Lord of the said mannor of Wethersfeild according to the customs thereof the said messuage land and premises by the name of all that his messuage or tenant commonly called or knowne by the name of Pasfield or otherwise with all the Barnes Stables yards gardens and orchards thereto belonging and alsoe all those his closes or crofte of land commonly called or known by the name or names of Clarkehouse Croft Clay pitt feild Coatefeild patteridgefeild and Srossecroft containing together by ______ eighteene acres more or less and all other the Lands belonging to the Pasfield aforesaid and holden of the mannor to the only use and behoofe of the said Francis Strutt of Wethesfeid aforesaid yeoman and of his heirs and assignes forever upon and under this condicon neverthelesse that if your orator his Heires Executors administrators or Assignes or any of them should well and truly pay or cause to bee paid unto the said Francis Strutt his Excutors Administrators or Assignes the sume of one hundred thirty and seaven pounds and sixteene shillings of lawful money of England on the foure and twentieth day of May which then should bee in the yeare of our Lord God one thousand six hundred seaventy and seaven att or in the then dwelling house of the said Francis Strutt situate in Wethersfeild aforesaid then this surrender to bee void and of noe effect also to stand in full force and vertue as in and by the said surrender whereunto for more certainty ye orator reserveth himselfe it doth and may more fully appeare And your Orator further showeth that that soone after the making the said surrender your orator did travaile beyond the seas And before his going out of England he did take care and provide that the said principall money and interest should bee duly paid to the said sturtt att ye day and place according to the condition of the said surrender and that the sd Strutt might not faile thereof in case your orator did not returne into England before the said sume of money should bee due and payable to him he your orator did Authorize and appoint one Solomon Alston of Wethersfeild aforesaid mercer who hath marryed Mary one of your orators sisters and heires to him that he the said Solomon Alston as your orator's assignee should procure the said sume of one hundred thirty seaven pounds sixteen shillings and as your orator's assignee and for him should pay the said sume of money unto the said Strutt att the day mentioned in the condition of the said surrender and should take from the said Strutt a surrender of the said customary messuage lands as premises to him the said Solomon Alston and his heirs as security for the said some of one hundred thirty seaven pounds and sixteen shillings which he was appointed to pay for your orator and as his assignee And your orator did thinke fitt to intrust the said Solomon Alston his Brother in law in the concerne aforesaid partly for the great love and findness he had for the said Solomon Alston who he intends shall have and enjoy to him and his heirs the said messuage lands and premises in case your orator shall happen to dye without heirs and should not returne againe into England and partly to prevent a forfeiture your orator knowing the said Strutt to bee a person ready to take advantage upon the least failer in the _____ of the said condition and that the said Strutt might have noe opportunity to doe he the said Solomon Alston in or about the fourth day of May last being a full fortnight before the said one hundred thirty seaven pounds and sixteene shillings was payable by the condition of the said surrender did as Assignee to your orator by his order respond to the said Francis Strutt and treate with him about paymt of the said sume of money to him att the very day the sume should bee due and did then tell him that the said money was already for him and that he the said Solomon Alston did intend to pay the said sume of one hundred thirty seaven pound and sixteene shillings unto him upon the said twenty fourth day of May in the said year of our Lord one thousand six hundred seaventy seaven But the said Strutt designing to take advantage of a forfeiture and to putt your orator to trouble and charge did forecast to putt by the payment of the said money upon the said twenty fourth day of May and to that purpose did make itt his request to the said Solomon Alston the he would not pay the said sume of money att the day of payment by the condition of the said surrender and pretending he had no occasion for it att that time and that itt would very well suite his x occasion if he money were paid to him about a fortnight after the said day of payment according to the surrender and he the said Strutt then agreed that he would att that tyme accept the said money of the said Solomon Alston your orators assignee in discharge of the said mortgage and take noe advantage for the not payment att the day according to the said condition and your orator further showeth that a few days after that the said Solomon Alston your orators assignee had first treaded with the said Francis Strutt for paying in the said principle and money and Interest and before the tyme hee agreed to accept the same a ____ was holden for the said Mannor of Wethersfeild upon munday in the whitesirewoofe being the fourth day of June last and not withstanding the agreement of the said Strutt to accept his principall money and Interest about a fortnight after itt was due by the said surrender and that he would not take advantage of a forfeiture for not payment thereof at the very day yett he the said Strutt contrary to his said Agreement did att the said court hold for the said mannor on the said fourth day of June last past cause himselfe to bee admitted to the said copyhold messuage and premises to him and his heirs upon and under the condition aforesaid and he being soe thereunto admitted at aforesaid doth now refuse to accept his principall money and interest which had beene offered unto him and intending to take advantage of the forfeiture of the said copyhold premises by nonpayment of the said sume of one hundred thirty seaven pounds and sixteen shillings att the precise day and place in the condition of the said surrender he the said Francis Strutt had brought an acton of ejectment for the recovery of the said coppyhold messuage lands and premises and intends to proceed in the said accord for the recovery of the same premises and to gaine to himself the possession thereof and to take and retain the rents thereof to his own use and he the said Strutt designing to defeate your orator of the premises doth give out in speaches that when unto he is in possession of the same he will see loade the premises with charges of repairs and other charges that your orator or his assignee shall have little incouragement to redeem the same and Although your orator did the said Solomon Alston his assignee as aforesaid offer to pay the said one hundred thirty seaven pounds and sixteen shillings to the said Strutt at the day and place according to the condition of the said surrender and did tender and offer to pay to him the said principall money and interest and charges of his admission about a fortnight after the day of payment according to the agreement of him the said Strutt and before the said acton of ejectment brought by him and did earnestly desire the said Strutt to accept the said one hundred thirty seaven pounds and sixteene shillings according to his agreement and to surrender the said coppyhold premises to the said Solomon Alston and his heirs in trust and for the benefit of you orator upon payment to him of the said principall money and interest he was to disburse as aforesaid for your orator and to suffer the said Solomon Alston to hold and enjoy the same premises and to take the rents thereof he the said Solomon being still ready to pay the said Strutt in your orators behalf the said principall money and all the interest due therefore and all charges for his admission to the premises either for his tyme or otherwise yet the said Strutt intending to take advantage of the forfeiture of the said mortgage which by the ensey contrivance of him the said Strutt as aforesaid was occasioned doth now refuse to accept his principall money interest and charges and to surrender the said Coppyhold premises to the said Solomon Alston and his heirs ___ if he should soo doe he might bee lyable to some finite or trouble from your orator unless he had security given to him to save him harmless against your orator which if needful to be given had beene offered unto him And alsoe promising that hee is not compellable to receive his principall money and interest and charges for that the day of payment is past and the promises are now escrowe forfeiture to him by the not payment thereof att the day and place according to the condition of the said surrender all which pretended of the said Strutt tend to the apparent damage of your orator and are contrary to all right equity and good conscience tender consideration of all which promises And forasmuch as your orator has noe way or means att or by the common lawes of this escrow to connect the said Strutt to accept the said mortgage money interest and charges nor to bee relieved in the premises but by the ayde of this Honorable court where penalties and forfeitures are properly to bee relieved to the end therefore that the said Francis Strutt may sett forth what moneys he lent upon the said mortgage and for here long find and how the sume was secured unto him and whether the said Solomon Alston did not treat with the said Strutt before the day of payment of the said one hundred thirty seaven pound and sixteene shillings for the paying in the same moneys to him at the day according to the condition of the said surrender and how long before the day of payment thereof and whether the said Strutt did not desire the said Solomon Alston your orators assignee not to pay the said money but to forbare the payment thereof till afortnight after and why and for what reason he desired the said Solomon Alston soo to doe and also that the said Strutt may agree so forth whether the said Solomon Alston did not after the day of payment and also after the admission of the said Strutt to the premises offer to pay him the said principall money interest and charges and whether he did not and still doth refuse to accept the same and to the intent the said Strutt may bee compelled by this Honorable Court to accept the said principall money interest and charges and also to surrender the said copyphold premises to the use of the said Solomon Alston and his heirs according to the ____ of your orator or show cause if hee ___ why he should not accept his money and surrender the same premises accordingly and that the said Strutt may answer and sett forth the truth of all and every the promises And to the intent that your orator may bee relieved in all and every the promises according to equity and justice may it please your Honor to grant unto your orator his matrol most gracious writ of subpena to bee divested to the said Francis Strutt thereby commanding him att a certaine day and under a certaine point therein to bee committed personally to bee and appear before your Lordshipp in the High Court of Chancery then and there to answer all and any the promises upon his corporall oath to stand to and abide such further order and ___ therein as to your Honor shall seeme most agreeable to right equity and good consciense And you're your as in only bound shall dayly pray etc.
Transcribed by Forrest King 2016
Reference:C 7/271/32
Description:
Short title: Pasfeild v Strutt.
Plaintiffs: Nicholas Pasfeild.
Defendants: Francis Strutt.
Place or subject: property in Netherfield, Essex.
Document type: bill only
Date:1677
Held by:The National Archives, Kew

Legatee of his fathers Will 1684

Nicholas travelled from London to Virginia America on the "Elizabeth" 4 - 12 August 1687
Public Record Office E190/147/1.

C 7/260/16 - British National Archives
Nicholas Pasfield is to inherit the following lands from his grandfather Nicholas Pasfield: "a certain place called Colliers Greene and two closes of Land Excepted called Triglots and Thorleys."
5 Dec 1696

5 Dec 1696
79 Herne
To the Right Honable Sir John Sumons Knt Lord Keeper of the Greate Seale of England
Humbly complayning
Sheweth to your Lordship ye orator Nicholas Pasfield of Weathersfield in the county of Essex Merchant sonn and heire to Phillip Pasfield of Weathersfield in the county of Essex aforesd Gent deceased that your orator about the month of November in the yeare of our Lord one thousand six hundred and eighty did travel to Virginia and other parts beyond the seas and was knewed for divers years in Virginia and other parts of the west Indas about his accations and ye orator further showeth that in the month of September in the year of our Lord one thousand six hundred Eighty and four or there abouts ye orator s said ffather dyed and leaft an estate in lands to the vallew of three or ffour sc o re pounds a yeare or thereabouts all which estate of Right ought Emedeately to a decended and come to ye Orator but ye Orator being beyond the Seas. Susan your orators Mother the widow and relict of the said Phillip Pasfield your orators father together with one Thomas Fitch of weathersfield aforesaid in the County of Essex Gentleman who was then the tenant in possession of the said Estate on the greatest part thereof did possess themselves of the said Estate and did give forth speeches that ye orator was dead and the that the said estate did now belong to the said Susan during the tearme of her natural Life and after her decease to Anne Pasfield ye Orators sister the youngest daughter of the said Phillip ye orators ffatherr and Susan his wife and also give forth in speeches that she the said Susan the widdow and relict of phillip Pasfield aforesaid had power to sell the said Estate with the consend of the said Anne and as ye orator is informed she the said Anne did Consent to Joyne with the said Susan her Mother the widow and which of ye orators ffather aforsd to sell the said Estate and did make an absolute bargaine or agreement for the said of the same withal its appurtenances with the aforsd Thomas FFitch of weathersfield in the county of Essex aforsd Gentleman for a certain some of money but for how much ye orator knoweth not, but ye Orator further showeth that before any writings were made between the said Susan the widow and Relict of ye aforsd Phillip Pasfield ye said orators ffather and Anne Pasfield the youngest Daughter of ye orators said ffather and sister to your Orator and the said Thomas ffitch of Weathersfield of aforesaid touching the sale of the said Lands to him the saidl Thomas ffitch withal their appurtenances or any money paid by the said Thomas Ffitch for and towards the purchase of the same ye Orators occations called him for England where ye Orator was soone made aquainted with all the Matters where upon ye Orator did forthwith repaire to the said Susan the widow and relict of the said Phillip Pasfield and to the aforesd Thomas ffitch the then tenant in possession of the said lands and did in a friendly manner desire them the sd Susan Pasfield and Thomas ffitch to let ye orator know how his said ffather had disposed of his Estate or whether he had made any disposal of it or any part there of or not whereupon the said Susan ye Orators mother and the aforesaid Thomas ffitch the then tenant did tell ye orator that they ye said Susan Pasfield and Thomas ffitch were sattisfield that all the said lands and tenaments in wethersfield aforesd were the Estate of the aforesd Phillip Pasfield ye Orators ffather decesed did of Right belong unto ye orator only Excepted two tenements or cottages with certaine Lands to them belonging in wethersfield aforesd were to a certain place caled Colliers Greene called two closes of Land Excepted Called Triglots and Thorleys with a chaseway to them belonging Containing by Estemation twelve acres more or less of the yearly rent of Ten pounds a year or there aboutes which said two closes of land with the chaseway and all other the appurtenances to the same belonging they the said Susan ye orators Mother and the aforesaid Thomas ffitch did tell ye orator that the said Phillip Pasfield aforesaid ye Orators ffather did in his Life time sometime before he dyed consign unto or settle the same upon the foresaid Anne Pasfield the youngest daughter of him the said Phillip Pasfield and sister to ye orator also and towards a portion for her the said Anne and also Excepted the aforesaid two Cottages or tenements with orchards and Gardens to them belonging with all their appurtenances with some other Lands to them belonging Lying and being upon or were a certain place called Colliers Greene in weathrsfield aforesaid late in the occupation of one Joseph Reanell and Ann his Sister and now in the possession of the said Thomas ffitch and that ye orators said ffather did make noe will or if he did it signified nothing and they the said Susan ye orators mother and the said Thomas ffitch aforesaid did deliver up unto the orator all the lands and their appurtances and all the wrightings belonging to the said lands except the lands called Triglots and Thorleys and the two tenaments with the lands to them belonging beforemencond and the writings belonging to the same and these they the said Susan ye orators mother and the said Thomas Ffitch doe utterly refuse to deliver up unto ye orator alleadging unto ye orator that they nothing concerned him although ye orator have divers times since by himselfe and frinds requested him the said Thomas ffitch and her the said Susan Pasfield ye orators Mother in a friendly way to give ye Orator an account of the meane profits of the said two closes of Lands called Triglotss and Thorleys with a chaseway with all other their apurtenances and the aforesaid two tenaments with all the lands and appurtenances to them belonging and to deliver up unto ye orator the two tenements and the said Lands Called Triglots and Thorleys with all ye writings that doe belong unto the same ye orator well knowing that the said Phillip Pasfield ye orators father did neaver give nor sell or any way settle or conveigh the same to any body in his Life time but did always in his Lifetime say that he would neaver give away nor other ways dispose of ene peniworth of his reall Estate from ye orator because ye orators Grandfather Nicholas Pasfield late of Weathersfield in the County of Essex aforesaid Gent gave it by his last will and testament unto Phillip Pasfield ye Orators ffather and desired him not to sell it or otherways dispose of it or any part of thereof to any person but to ye Orator all which the said Susan Pasfield and Thomas ffitch well knowth to be true and yet they the said Susan Pasfield and Thomas ffitch doe utterly refuse to deliver up unto ye orator the two tenements and the said Triglots and Thorleys with all the writings to ye same belonging or to give any account for the meane profits of the same unto yeorator pretending that the said lands did of Right belong unto her daughter anne Pasfield foresaid and the Said Thomas ffitch doe utterly deney to deliver upp unto ye Orator the two tenements or Cottages aforesaid with the land and appurtenances to them belonging or to deliver upp the writings belonging to the same or to give ye Orrator any accounpt of the rents for the same alledging the he bought them During the time ye Orator was beyond the seas either of ye orators ffather or of some other person that had power to sell the same but now soe it is may it please ye Lordship that the said Susan pasfield widow and relict of phillip pasfied aforesaid ye Orators ffather and the said Thomas ffitch combineing and Confeaderating themselves with one Anne Pasfield and John White who pretend and give oute in speeches that he is married uto the said Anne Pasfield ye orators Sister and one Edward Newton John Mead William Wood and ffrancis Shutt and others unknown unto ye Orator designs not only to defeate and defraud ye Orator of the said lands Called Triglots and Thorleys and also of the two tenements and the other lands to them belonging before mentoned but also of all the rents and profits of the same ever since ye orators ffather and the said John White by virtue of his pretended Marriage whith the said Anne Pasfield doe give out in speeches that the said Triglots and Thorleys are his and the said Edward Newton doe give forth in speeches that the said John White and his pretended wife Anne have a very good right and title to the said lands Called Triglots and Thorleys with all their appurtenances by virtue of some writing or instrument made by him the said Newton from the aforesaid Susan ye orators Mother togethere with some other person or persons who had power to dispose of the same and the said Willm Wood and ffran Strutt doe sometimes say and give out in speeches that the said Lands Called Triglots and Thorleys wase by way of trust for the said Anne pasfield the pretended wife of John White aforesaid and that he the said Willm Wood together with the said John Mead and the Trustee concerned in the matter for the said Anne pasfield under which pretences they the said Confederates in Combination together doe keep ye said Orator out of his Lands Called Triglots and Thorleys also out of the two Cottages and the other Lands before mentioned and doe refuse to deliver up the same unto ye orator or to deliver the writing belonging to the same or any part of the same or to give any accounpt unto ye orator of the meane profits of the same All which actings and doings and Contrary to Equity and good Consience in tender Consideration whereof and for as much as ye orator is altogether remediless in the premises save in a Courte of Equity before ye Lordship where ye orator hopes that the said Confererates may answer all and singular the premises before sett forth as perticulerly as if the same were here againe Interogated and repeates and more perticulely that the said Susan pasfield Thomas ffitch John white and Anne his pretended wife Edward newton willm wood John Mead and ffran Strutt may sett forth how Long they or any of them have had the possession of the pr e mises or any part of them and what title or clayme they or any of them once had or now have to the premises or any part of them and what rents issues or profits they or any of them have received out of the premises and from whome and that the said Thomas ffitch may perticulerly sett forth how long hee did hold the said Triglots and Thorleys with their apurtenances after the decease of ye orators ffather and what rent he paid for the same and to whom and where the same was paid and whe n and that the said Susan Pasfield Thomas ffitch John white and Anne his pretended wife Edward Newton John Mead will wood and ffran Strutt may perticularly sett forth whether they or any of them know if the Said Triglots and Thorleys with their appurtenances were purchased by the said John White or Anne was purchased and whether the same was purchased for a valuable Consideration and whether any money was paid for the same and how much an to whome and who paid the same and who were present or by at the payment thereof and so have the same was paid and where and also that the said Confederates may come to an accompt with ye orator and may deliver him up his Land Called Triglots and Thorleys together with the aforesaid two tenements and the other Lands aforsaid and also all the writings belonging to the same and pay what shall appear to remaine in their hands with Interest that soe ye orator may be releived therein according to Equity and good Consience may it therefore please ye Lordship the premises considered to grant unto ye Orator his Majesties most Grtious writt or writs of Supena to them the Said Susan pasfield Thomas ffitch John white and Anne his pretended wife Edward Newton John Mead willm Wood and ffran Strutt and other the Conferates wh en discouvered to be directed to them Commanding them and every of them at a Certain day and under a certain paine therein to be Limated personally to be and appear before ye Lordship in the high Court of Chancery then and thereunto and perfect answer to make to all and singular the premises and further to stand too and abide such further order and direction therein as to ye Lordship shall seeme to be most meete and ye orator shall ever pray.
Ref: Forrest King 2016

Nicholas Pasfield was in the US June 1696 tax list, but was not found in the June, 1697 list.
Nicholas went back to England about 1696. (In theory, he should have received 50 acres as a headright in Virginia unless someone else paid his way. I have seen no evidence of that) It may be why John Alston is found in some other home in the 1696 tax list.
Nicholas calls father Phillip a Gent
Susan Pasfield his mother is still alive and unmarried in 1696
Nicholas, the grandfather, could have been alive as late as 1677 because of the potential of a later land transaction. He also left a will which we do not have.
Anne married John White
Nicholas was not aware of the will of Phillip and others did not seem to want to tell him.
Nicholas was the son and heir
F King 2016.

Will Book 5, p. 227 Surry County, Virginia (Nicholas Pasfield )
Henry Baker, plantation
Son Nicholas, animal
Daughter Mary, dishware
Executrix, wife Joane
Witnesses, Nicholas Pasfield and Joseph Ford
Jan 1700

bullet  Research Notes:


Reference: C 2/Eliz/P12/7 National Archive
Record date: Between 1558 and 1603
Short title: Pasfeild v Strutt. Plaintiffs: Nicholas Pasfeild. Defendants: Francis Strutt

Reference: C 2/Eliz/K5/23 National Archive
Record date: [Between 1558 and 1603]
Short title: Pasfeld v King. Plaintiffs: Edward Pasfeld. Defendants: Robert King....

Unplaced
Nicholas Passfeild
EthnicityAmerican
RaceWhite
Event year1674
Burial year1674
Burial date27 Nov 1674
Burial placeSt. Botolph Aldgate, London, England
PlaceLondon
CountyMiddlesex
Father's first name(s)Nicholas
Father's last namePassfeild
CountryEngland
England Deaths & Burials 1538-1991 Findmypast

picture

bullet  Other Records



1. British National Archives: C 7/271/32, Jul 1677.
Nicholas Pasfield, late of Wethersfield and now Virginia, owns a croft named Cros Croft by copyhold in the Wethersfield manor. He also owns Clarkhouse Croft, Pittfield, Coatefield, Patteridgefield, and Srossecroft (Cross Croft?).



2. Pasfeild v Strutt.: Re property in Netherfield, Essex, 3 Jul 1677, Essex.
Reference:C 7/271/32
Plaintiffs: Nicholas Pasfeild.
Defendants: Francis Strutt.
Document type: bill only
Date:1677
Held by:The National Archives, Kew

tertio die July 1677 (3 July 1677)
Parkyns
To the Right Honorable Heneage Lord First Baron of Daventry Lord High Chancellour of England
Humbly Complayneing showeth unto your Lordshipp your orator Nicholas Pasfield of Wethersfeild in the County of Essex yeoman that your orator in or about the month of May in the yeare of our Lord God 1676 was seised to him and his heirs according to the customs of the mannor of Wethersfeild in the said county of Essex or and in one customary messuage or tenant and severall pieces of Land called by the name of Pasfield and of and his one croft of land called by the name of Cros Coft holden by coppy of Court Roll of the said mannor and Orator being soe Thereof seised having occasion for moneys did in or about the said month of May one thousand six hundred seaventy six for the supply of his then payment occasione did borrow of one Francis Strutt of Wethersfeild aforesaid yeoman the sume one hundred and thirty pounds for one yeare and for the security of sd paymt thereof with Intrest att the tyme your orator did agree to surrender the said coppyhold messuage and several parcells of Land to the use of him the said Francis Strutt and his heirs And in performance of such agreemt your orator in or about the fifteenth day of May in the twenty eight yeare of the Reigne of our Sovereigne Lord King Charles the second Anno Dud 1676 did by way of mortgage only surrender into the hands of the Lord of the said mannor of Wethersfeild according to the customs thereof the said messuage land and premises by the name of all that his messuage or tenant commonly called or knowne by the name of Pasfield or otherwise with all the Barnes Stables yards gardens and orchards thereto belonging and alsoe all those his closes or crofte of land commonly called or known by the name or names of Clarkehouse Croft Clay pitt feild Coatefeild patteridgefeild and Srossecroft containing together by ______ eighteene acres more or less and all other the Lands belonging to the Pasfield aforesaid and holden of the mannor to the only use and behoofe of the said Francis Strutt of Wethesfeid aforesaid yeoman and of his heirs and assignes forever upon and under this condicon neverthelesse that if your orator his Heires Executors administrators or Assignes or any of them should well and truly pay or cause to bee paid unto the said Francis Strutt his Excutors Administrators or Assignes the sume of one hundred thirty and seaven pounds and sixteene shillings of lawful money of England on the foure and twentieth day of May which then should bee in the yeare of our Lord God one thousand six hundred seaventy and seaven att or in the then dwelling house of the said Francis Strutt situate in Wethersfeild aforesaid then this surrender to bee void and of noe effect also to stand in full force and vertue as in and by the said surrender whereunto for more certainty ye orator reserveth himselfe it doth and may more fully appeare And your Orator further showeth that that soone after the making the said surrender your orator did travaile beyond the seas And before his going out of England he did take care and provide that the said principall money and interest should bee duly paid to the said sturtt att ye day and place according to the condition of the said surrender and that the sd Strutt might not faile thereof in case your orator did not returne into England before the said sume of money should bee due and payable to him he your orator did Authorize and appoint one Solomon Alston of Wethersfeild aforesaid mercer who hath marryed Mary one of your orators sisters and heires to him that he the said Solomon Alston as your orator's assignee should procure the said sume of one hundred thirty seaven pounds sixteen shillings and as your orator's assignee and for him should pay the said sume of money unto the said Strutt att the day mentioned in the condition of the said surrender and should take from the said Strutt a surrender of the said customary messuage lands as premises to him the said Solomon Alston and his heirs as security for the said some of one hundred thirty seaven pounds and sixteen shillings which he was appointed to pay for your orator and as his assignee And your orator did thinke fitt to intrust the said Solomon Alston his Brother in law in the concerne aforesaid partly for the great love and findness he had for the said Solomon Alston who he intends shall have and enjoy to him and his heirs the said messuage lands and premises in case your orator shall happen to dye without heirs and should not returne againe into England and partly to prevent a forfeiture your orator knowing the said Strutt to bee a person ready to take advantage upon the least failer in the _____ of the said condition and that the said Strutt might have noe opportunity to doe he the said Solomon Alston in or about the fourth day of May last being a full fortnight before the said one hundred thirty seaven pounds and sixteene shillings was payable by the condition of the said surrender did as Assignee to your orator by his order respond to the said Francis Strutt and treate with him about paymt of the said sume of money to him att the very day the sume should bee due and did then tell him that the said money was already for him and that he the said Solomon Alston did intend to pay the said sume of one hundred thirty seaven pound and sixteene shillings unto him upon the said twenty fourth day of May in the said year of our Lord one thousand six hundred seaventy seaven But the said Strutt designing to take advantage of a forfeiture and to putt your orator to trouble and charge did forecast to putt by the payment of the said money upon the said twenty fourth day of May and to that purpose did make itt his request to the said Solomon Alston the he would not pay the said sume of money att the day of payment by the condition of the said surrender and pretending he had no occasion for it att that time and that itt would very well suite his x occasion if he money were paid to him about a fortnight after the said day of payment according to the surrender and he the said Strutt then agreed that he would att that tyme accept the said money of the said Solomon Alston your orators assignee in discharge of the said mortgage and take noe advantage for the not payment att the day according to the said condition and your orator further showeth that a few days after that the said Solomon Alston your orators assignee had first treaded with the said Francis Strutt for paying in the said principle and money and Interest and before the tyme hee agreed to accept the same a ____ was holden for the said Mannor of Wethersfeild upon munday in the whitesirewoofe being the fourth day of June last and not withstanding the agreement of the said Strutt to accept his principall money and Interest about a fortnight after itt was due by the said surrender and that he would not take advantage of a forfeiture for not payment thereof at the very day yett he the said Strutt contrary to his said Agreement did att the said court hold for the said mannor on the said fourth day of June last past cause himselfe to bee admitted to the said copyhold messuage and premises to him and his heirs upon and under the condition aforesaid and he being soe thereunto admitted at aforesaid doth now refuse to accept his principall money and interest which had beene offered unto him and intending to take advantage of the forfeiture of the said copyhold premises by nonpayment of the said sume of one hundred thirty seaven pounds and sixteen shillings att the precise day and place in the condition of the said surrender he the said Francis Strutt had brought an acton of ejectment for the recovery of the said coppyhold messuage lands and premises and intends to proceed in the said accord for the recovery of the same premises and to gaine to himself the possession thereof and to take and retain the rents thereof to his own use and he the said Strutt designing to defeate your orator of the premises doth give out in speaches that when unto he is in possession of the same he will see loade the premises with charges of repairs and other charges that your orator or his assignee shall have little incouragement to redeem the same and Although your orator did the said Solomon Alston his assignee as aforesaid offer to pay the said one hundred thirty seaven pounds and sixteen shillings to the said Strutt at the day and place according to the condition of the said surrender and did tender and offer to pay to him the said principall money and interest and charges of his admission about a fortnight after the day of payment according to the agreement of him the said Strutt and before the said acton of ejectment brought by him and did earnestly desire the said Strutt to accept the said one hundred thirty seaven pounds and sixteene shillings according to his agreement and to surrender the said coppyhold premises to the said Solomon Alston and his heirs in trust and for the benefit of you orator upon payment to him of the said principall money and interest he was to disburse as aforesaid for your orator and to suffer the said Solomon Alston to hold and enjoy the same premises and to take the rents thereof he the said Solomon being still ready to pay the said Strutt in your orators behalf the said principall money and all the interest due therefore and all charges for his admission to the premises either for his tyme or otherwise yet the said Strutt intending to take advantage of the forfeiture of the said mortgage which by the ensey contrivance of him the said Strutt as aforesaid was occasioned doth now refuse to accept his principall money interest and charges and to surrender the said Coppyhold premises to the said Solomon Alston and his heirs ___ if he should soo doe he might bee lyable to some finite or trouble from your orator unless he had security given to him to save him harmless against your orator which if needful to be given had beene offered unto him And alsoe promising that hee is not compellable to receive his principall money and interest and charges for that the day of payment is past and the promises are now escrowe forfeiture to him by the not payment thereof att the day and place according to the condition of the said surrender all which pretended of the said Strutt tend to the apparent damage of your orator and are contrary to all right equity and good conscience tender consideration of all which promises And forasmuch as your orator has noe way or means att or by the common lawes of this escrow to connect the said Strutt to accept the said mortgage money interest and charges nor to bee relieved in the premises but by the ayde of this Honorable court where penalties and forfeitures are properly to bee relieved to the end therefore that the said Francis Strutt may sett forth what moneys he lent upon the said mortgage and for here long find and how the sume was secured unto him and whether the said Solomon Alston did not treat with the said Strutt before the day of payment of the said one hundred thirty seaven pound and sixteene shillings for the paying in the same moneys to him at the day according to the condition of the said surrender and how long before the day of payment thereof and whether the said Strutt did not desire the said Solomon Alston your orators assignee not to pay the said money but to forbare the payment thereof till afortnight after and why and for what reason he desired the said Solomon Alston soo to doe and also that the said Strutt may agree so forth whether the said Solomon Alston did not after the day of payment and also after the admission of the said Strutt to the premises offer to pay him the said principall money interest and charges and whether he did not and still doth refuse to accept the same and to the intent the said Strutt may bee compelled by this Honorable Court to accept the said principall money interest and charges and also to surrender the said copyphold premises to the use of the said Solomon Alston and his heirs according to the ____ of your orator or show cause if hee ___ why he should not accept his money and surrender the same premises accordingly and that the said Strutt may answer and sett forth the truth of all and every the promises And to the intent that your orator may bee relieved in all and every the promises according to equity and justice may it please your Honor to grant unto your orator his matrol most gracious writ of subpena to bee divested to the said Francis Strutt thereby commanding him att a certaine day and under a certaine point therein to bee committed personally to bee and appear before your Lordshipp in the High Court of Chancery then and there to answer all and any the promises upon his corporall oath to stand to and abide such further order and ___ therein as to your Honor shall seeme most agreeable to right equity and good consciense And you're your as in only bound shall dayly pray etc.
Transcribed by Forrest King 2016



3. Nicholas Pasfield: Travel London to Virginia America, 4-12 Aug 1687, Ship the Elizabeth.
Ref: Public Record Office E190/147/1


picture

Nicholas married Joane [26682] [MRIN: 8766] circa 1682 in Surry Virginia USA. (Joane [26682] was born circa 1650 and died after 22 Nov 1704.)


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