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Kell-Chat
An Ongoing International Conversation
between Callaway and Kellaway and Kelway family researchers
discussing family origin, history and genealogy research in England
2007
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Primary Participants -

From: Bruce Callaway
Sent: Jan 2, 2007
Subject: Tying up the loose ends

To those who may have missed my previous well wishes, Happy New Year. Sylvia is up an running and wrote:

So why was Mr. KEILWAY so important that he could disenfranchise the custos
and clergymen of the Temple? Does this refer to Robert of the Wards and Liveries? - I am sure you can all tell me. I am uncertain of his dates: 

Attached is Prof Baker's draft of his entry in the DNB which he kindly let me have in 2003. Baker was Professor of Law at Cambridge at the time (and may well still be). It summarises a little of his career, but we have much more. The act 32 Henry V111 (1541) applied only to the custodians of the Temple Church, rather than "The Master of the Temple" who 'anciently' was the boss of all the Knights Templar. Seems in the issuance of pensions etc. correcting this, Robert of the Wards and Liveries, after the death of Henry V111 in 1547, 'persuaded' Edward V1 to grant him in perpetuity the Master's lodgings! 

I have reason to believe that the attached pic taken last year are the 'lodgings' in question! 

Will come back to the other issues raised by Sylvia a little later 
Bruce

Keilwey, Robert (1496/7-1581), lawyer, came of a family long settled in Dorset and Hampshire, where his kinsman Sir William Keilwey (d. 1569) was seated at Rockbourne.  In a moot book which he possessed as a student he described himself as ‘Kydwelle alias Kelwey alias Kelowey alias Kelway alias Robertus Kylwey de Nova Sarum in comitatu Wilts. armiger’ (Harvard Law School MS 183, final leaf), suggesting that he may have regarded the family surname as being a corruption of Kidwelly.  The inscription also confirms the supposition that he was the son of Robert Keilwey, sometime mayor of Salisbury, Wiltshire, who served as member of parliament for that city in 1523.  The lawyer was appointed to the commission of the peace for Wiltshire in 1543, and was still ‘of Salisbury’ in 1547.  Nothing is known of him before 1534, when he appears as a member of the Inner Temple.  He became a bencher in 1542, pointing to a probable date of admission in the second half of the 1520s.  He must therefore have spent an unusually long period in an inn of chancery, or have pursued some other occupation before turning to the law.  In 1545 he became member of parliament for Bristol, and recorder of the same city, serving again in 1547 and (as member for Steyning) in 1559.  He was an adviser to Edward Seymour, earl of Hertford and later duke of Somerset, who obtained for him the important appointment of surveyor-general of the Court of Wards in 1546 and intervened in 1548 to secure his discharge from reading in the Inner Temple.  He retained his office as surveyor of the wards until his death, though he became embroiled in a heated dispute with the previous holder, John Hynde*, who twice tried to thwart Keilwey’s tenure by having him made a serjeant at law against his will.  A serjeant’s writ was indeed issued to Keilwey in July 1552, whereupon he gave up his recordership of Bristol, but his excuses were accepted and he never did take the coif.  During the reign of Edward VI, Keilwey and Sir Walter Mildmay were charged with the task of saving the grammar schools which were being threatened by the dispersal of chantry funds, and many of the schools were refounded in the king’s name.  It is a testament to Keilwey’s ability and moderation that he retained his office under four sovereigns, through various changes in religion, and despite the fall of his patron Somerset in 1549.  He remained active in the public administration until old age.

Keilwey’s public duties must have curtailed his private practice at the bar, though he was evidently still able to report cases in the time of Edward VI.  Sir Simonds D’Ewes (1602-50) possessed a manuscript of ‘Keilweies reportes Edward. 6. penned by himselfe’, but these are no longer to be found.  Keilwey’s name is, however, well known in the legal profession by reason of its association with a volume of earlier law reports printed in 1602 and usually cited as ‘Keilwey’.  The title was ‘reports of certain cases selected from the books of Robert Keilwey’ (Relationes quorundam casuum selectorum ex libris Roberti Keilwey), and no claim was made that Keilwey was the author, as indeed he could not have been.  The reports cover the period from 1496 to 1522 and were in fact written by John Caryll* (d. 1523), serjeant at law.  Keilwey was a close friend of the reporter’s son John, a fellow Inner Templar, and borrowed Serjeant Caryll’s autograph manuscript from him some time before 1538, when he cited it in court.  Keilwey’s manuscript passed to his relative John Croke* (d. 1620), who shared his chambers in Fig Tree Court, and it was Croke who saw it through the press in 1602, leaving out terms which he thought were adequately covered by the printed year books, and interpolating some eyre reports from Edward III’s reign (including the only known reports from the 1309 eyre of Guernsey) and eight quo warranto cases from the reign of Edward I.  The work was reprinted in 1633 and 1688, and a new edition of Caryll’s reports was published by the Selden Society in 1999-2000.

Keilwey married Cecily, daughter of Edward Bulstrode of Hedgerley and Upton, Berkshire, and they had one daughter, Anne, who married Sir John Harrington of Exton, Rutland.  He became a justice of the peace for Berkshire in 1549, and it may have been through his marriage around this time that he acquired property at Shellingford in that county, where he probably lived until he obtained a lease of Coombe abbey, Warwickshire, in 1556.  Besides these residences he also had a house in Fleet Street and another at Stepney.  Keilwey died on 21 February 1581, aged 84, and was buried at Exton, where there is a handsome monument bearing his effigy in a long gown and an inscription praising him as a distinguished esquire of the long gown (‘insignis dum vixit inter togatas armiger’).
J. H. BAKER 

References:
Hist. Parl. 1509-58, ii. 458-9.

Hist. Parl. 1558-1603, ii. 389-90.

L. W. Abbott, Law Reporting in England 1485-1585 (1973).

J. H. Baker ed., The Reports of John Caryll, 115 Selden Soc. (1999), intro.

Calendar of Inner Temple Records, i.

Calendar of Patent Rolls. Edward VI, i. 154 (of Salisbury, 1547).

J. H. Baker, Serjeants at Law (1984), p. 170.

H. E. Bell, The Court of Wards and Liveries (1953), pp. 20-1.

A. G. Watson, The Library of Sir Simonds D’Ewes (1966), p. 284.

Harvard Law School MS 183 (moot book).

will, PCC 9 Darcy

MI, Exton. 

From: Warwick Kellaway
Sent: Jan 10, 2007
Subject: DORSET FAMILY IN THE 1300s

THE DORSET FAMILY IN THE 1300S 

We tend to think of the Dorset family in terms of later family locations.

In the 1300s however, they were in quite different parts of Dorset. 

At the time of the prominent John le Calewe, of Gloucestshire, Wiltshire, Devon and Dorset, the 1327 and 1332 Lay Subsidy Rolls offer the following: 

1327                                                                                        1332 

John                 *Petersham Farm/ Holt      6d                             John                 *Holt                             8d

                         Weston                             2/-                                                   *Gussage All Saints     3/4

                         Stalbridge Weston            2/1                                                    Stalbridge Weston       2/1 

Thomas Marnhull                            6d                            Thomas Marnhull         )

                                                                                                                         Iwerne Minster)           1/6

                                                                                                                         Stalbridge Weston      3/8 

William             *Sixpenny Handley              1/- 

Alicia                *Sixpenny Handley              1/- 

Walter               *Wimborne Albatis              2/6 

Roger                *Pentridge                          2/-                           Roger                *Wimborne St Giles      2/8 

Robert               Halstock                           1/- 

                                                                                                Adam                *Chettle             2/- 

                                                                                                Peter                *Colehill                        8d 

                                                                                                Eustace            *Shapwick                     1/4 

(Those with a * were properties in the vicinity of Gussage All Saints.) 

It appears from this information that John le Calewe, as could be anticipated, had property at Stalbridge Weston and “Weston” in 1327.  Weston might have been the old manor of Dunes Weston, maybe Calewe Weston.  He also had a small farm at Holt, to the south east. 

Five years later, there was no mention of a Weston, but there was a valuable new property at Gussage All Saints.

Why Gussage All Saints?

Thomas, perhaps his son(?), began with a small property at Marnhull, but five years later had a more valuable property at Stalbridge Weston than John.  The most valuable of any. 

Apart from Robert, who had a smallish property in the west at Halstock, all the other 8 recorded lived in the east, and vicinity of Gussage All Saints.

William and Alicia are interesting, as they seem to match the William with wife Alice later seen at Cayleways Wiltshire, where William was Patron of St Giles, after John, from 1336 to 1376. 

Both were at Sixpenny Handley in 1327, but not there in 1332?

Walter had a valuable property at Wimborne Albatis in 1327, but was not there in 1332.  Roger had a good property at Pentridge in 1327, but had moved to Wimborne St Giles in 1332.  Were they father and son?  Roger was referred to with Edmund in 1347, regarding a property at Malmesbury Wiltshire for a Margaret Cayleway - possibly their mother.  

Walter le Calewe was the Magistrate at Blandford Forum in 1288, so could be expected to have had property.  He also held land in Chippenham Hundred Wiltshire, and Legbe Episcopal Somerset in 1327 – clearly another man of note.

Walter Calewai and Elyas de Kaillewai were involved in a Tytherton land transfer in 1303 – a possible precursor to the building of the Church the next year. 

Curiously Wimborne St Giles is over 10km from Wimborne.   

There were a lot of St Giles Churches, but they seemed to have a special relationship for the C/K family.  (St Giles at Cayleways manor in 1304, St Giles in the Wood in Devon.  Edmund built another at Chenstone in 1400, and there had been another much earlier in Durham.)

(Actually Wimborne St Giles was called only St Giles on the 1811 Ordnance Map, as was St Giles in the Wood.  There was an Upper Wimborne nearby however.) 

The dominant family occupation of this region, to the north of Wimborne Minster and Blandford Forum, but not elsewhere, must have meaning.  Did one of the Johns marry a lady from there?  Did the property at Gussage All Saints perhaps contain another manorhouse?

There were spasmodic references to the area in the 1700s, but nothing since. 

STOFORD 3 

We have discovered several Stofords in the West Country.  One Stoford is about 2 km from Sutton Bingham in Dorset/Somerset – or was it the site of the original Sutton Bingham?  There is a Stoford/Stafford Barton near Dolton in Devon (and perhaps another Stowford).

There is yet another Stoford about a 1 km from Stapleford, 10 km from Salisbury, in Wiltshire. 

(Salisbury is where we later had the two Robert Keilway Mayors, and an earlier William Webbe, alias Kellowe.) 

Edmund de Cayleway, perhaps the uncle (there had been another referred to in 1330 and 1347) of the later Edmund, or the same man, may have been living at Stapleford in 1364, 12 years before going to Cayleways Wiltshire.

John le Calewe was of course at one stage the inheritor of the Estates of John Giffard, subsequent to his execution.

In 1327 at the Devizes IPM Giffard had held the moiety of Stapleford Manor.  This was repeated at another IPM in 1355, where he was said to have the moiety of the Church there, and also held Orcheston. 

Whether there was any family connection, or inheritance, here is not noted, but another reference at an IPM for John de Harnham in 1331 was held at Compton Chaumberlyn.  Held before 12 men, they included Robert le Taillor, John le Smith, Robert de Stoford and a Michael le Webbe. 

Two were obvious tradesmen originally, one perhaps a “Salisbury” Webbe, and Robert de Stoford. 

I had earlier assumed that Robert was a Devon man, but Wiltshire Stoford is only a few km away.  He appears again in 1333. 

In the 1327 IPM, John Giffard also held ½  knights fee worth £10, in Tuderyngton Calowey.   Had the Giffards perhaps held this back to the 1100s?

John Mautravers, the later inheritor, was also referred to, as was John de Caylowe.  

So who was the Robert de Stoford mentioned above?  Did he only live at Stoford - had the family just “acquired/inherited” the property through John Giffard - is it possible he was the Robert living away at Halstock in 1327, but not there in 1332? 

Robert was still a popular name in the Salisbury area 150 years later.  Was this their relationship? 

The other interesting association here is that the Compton Chaumberleyn referred to above may be the source of the 1445 Thomas Calawey, alias Chamberleyn, who was pardoned over the death of Michael Rowperyn.  Thomas was apparently a tax collector in Wiltshire in 1442.

He could also have been the 1327/1332 Thomas above, in the Lay Subsidies.

So it seems there may be another source for aliases – an option for the earlier “de”.   

We have to wonder, whether the geographical name Stowford became so associated with the family that they took it with them to new locations.  It seems the case in Dorset, and the evidence suggests the same in Wiltshire. 

Did they perhaps rename the existing manor, or the village that served it, after arrival?  

However, by studying these early records, we can trace the occupation of the family a little further back, and understand the meaning of such places as Marnhull, Gussage All Saints, Stapleford. 

JWK                                                                                                                            Jan 2007