16. Thomas BURNETT
In 1647 Thomas BURNETT of Otley purchased land in Newall [sic], Otley from John LYNDLEY for the sum of £72. In 1648 Thomas conveyed the same land to his mother Joan BURNETT. Also in 1648, shortly before Thomas married, he conveyed two closes of land in Newall to his brother George - the surrender would only come into effect if Thomas had no heirs.
Thomas married Jane CORKE in 1648 at Skipton. This is presumed to have been where Jane lived - there is no other apparent reason for the marriage to have taken place there though it may not be simple coincidence that Thomas' brother George married at Kirkby Malham near Skipton.
Thomas BURNETT of Otley was listed as a "freeholder" in a court roll for the Manor of Otley dated 6 Dec 1651. Thomas was also listed as a "customary tenant", along with his mother Joan BURNETT, and was a member of the 'jury' of the court at which the roll was compiled.
At the manor court of 24 Jul 1652 George KNOWLES complained against Thomas BURNETT of Otley for repayment of a loan of one shilling.
In 1653 Thomas, having had a child with his wife Jane, 'nullified' the surrender of 1648 to his brother George [see above] and surrendered the same land to himself and his wife and after their decease to their heirs.
In a court roll taken on 1 May 1654 Thomas BURNETT of Otley was again listed as a freeholder. He was also listed as the owner of one "burgage" in Otley paying rent of 5/- to the Lord of the Manor.
In a surrender [conveyance] of land in the Manor of Otley dated 2 Apr 1660 "Thomas BURNETT of Otley and Ann BURNETT now his wife ..." conveyed land in Newall cum Clifton to Joan BURNETT of Otley, widow [mother of Thomas]. This document provides conclusive evidence that Thomas BURNETT married twice. His first wife Jane, nee CORKE, must have died during or shortly after the birth of their son William, who was baptised at Otley on 31 Dec 1659. Thomas had at least two more children with second wife Ann; George  and John .
Unfortunately both first wife Jane's death and Thomas' marriage to second wife Ann occured during the Commonwealth period and were not recorded in the Otley parish register.
The surrender of 2 Apr 1660 [above] would only come into effect if an existing tenant died or moved on before the end of his lease on the land, which would expire in 1664. Presumably this did not happen because on 24 Feb 1665/66 the same land was surrendered/conveyed by Thomas BURNETT and Anne his wife to John BURNETT of Rowley, clerk [Thomas' brother] who immediately, on the same day, leased it to George BURNETT of Newall, gent [their cousin] for a term of 9yrs.
Thomas conveyed further land to his brother John in surrenders of 27 Nov 1667, 4 Jun 1668 and 4 Jan 1669/70. He also extended the 9yr lease mentioned above for the term of his own life, but in February 1670 his brother John conveyed the land to two trustees for the use of Thomas and Ann BURNETT for the term of the life of the longest liver of them.
Thomas was a named beneficiary of his mother's will in 1671, as was his daughter Margaret - his eldest surviving child. Then in a surrender dated 14 Jan 1673/74 Thomas conveyed a number of closes of land in Otley, including those leased to his brother John, and two shops in Otley, plus land in Newall, to John BURNETT for ever. Two weeks later he surrendered another close of land to Edmund BARKER of Otley, gent. By these surrenders Thomas appears to have been 'putting his house in order' for he died in November 1674. He was buried at Otley on 17 Nov 1674 and six days later Thomas BURNETT of Otley, son and heir of Thomas BURNETT late of Otley, deceased, surrendered land in Newall to George BURNETT of Otley [his uncle - brother of his deceased father Thomas BURNETT].
31. Thomas BURNETT
Thomas BURNETT of Otley, son & heir of Thomas BURNETT late of Otley, deceased, surrendered land in the Manor of Otley to George BURNETT of Otley on 23 Nov 1674, four days after his father was buried. The surrender was to take effect "after the death of Ann BURNETT, mother of the said Thomas BURNETT". In fact Ann BURNETT was Thomas' step-mother, his deceased father's second wife. The George BURNETT to whom the land was surrendered was Thomas' cousin; son of his uncle George BURNETT of Otley.
Thomas was involved in one more surrender, dated 28 Jan 1675/76, but his name does not appear in these records after that date - consistent with him being the Thomas BURNETT who died at Otley in 1679.
32. Margaret BURNETT
Margaret was a beneficiary of her grandmother Joan BURNETT's will in 1671. She married George SMITH in 1677 and they had four known children: Thomas SMITH  born in Hawksworth and George , John  and Grace  SMITH all born in Guiseley.
36. John BURNETT
Probably the John BURNETT who surrendered two and a half acres of land in Otley on 30 Sep 1692
17. George BURNETT
George BURNETT of Otley was involved in a number of surrenders [conveyances] of land and property in the Manor of Otley and always signed the document. Many of these surrenders also involved a Joan BURNETT who was already a widow in 1660. This was George's mother. In a surrender dated 26 Feb 1663/64 Joan BURNETT of Otley, widow, George BURNETT and Isabel his wife surrendered land in Otley. This is the only record so far found of the name of George's wife. IGI lists the marriage of George BURNETT and Isabell HARGREAVES on 17 Jul 1652 at Kirkby Malham which 'fits' with the date of baptism of the first known child of this George BURNETT - son George on 11 Apr 1664. Otley parish register also has the burial of William & Elizabeth, children of George BURNETT of Otley, on the same day, 15 May 1653. It seems very likely that these were children of the George BURNETT = Isabell HARGREAVES marriage of 1652 - they were possibly twins who died during or shortly after birth before they could be baptised.
George was a named beneficiary of his father's will in 1643, when he was c17yrs old and continued to be named in surrenders up to but not after one dated 5 Jan 1664/65. He was not named as a beneficiary of his mother Joan's will in 1671, suggesting that he had died between those dates. A George BURNETT was named as a witness to the will but this is thought to have been George BURNETT of Newall, a nephew of Joan BURNETT. The burial of her own son, this George BURNETT, was at Otley on 4 Jan 1664/65**
[**This was the day *before* the date of the final surrender which involved George BURNETT of Otley, as above. The burial date quoted comes from a transcript of Otley parish register which has not been checked against the original record]
Details of surrenders for the Manor of Otley are in "OtleyManor.doc"
42. John BURNETT
A named beneficiary of the will of his eldest brother George BURNETT in 1685 - he was bequeathed a half share, with his brother-in-law Miles Flesher, of George's "wearing apparell". John to have the "better part" namely the "best suit, hat, boots and riding coat".
43. Magdalen BURNETT
A named beneficiary of the will of her eldest brother George BURNETT in 1685 - she was bequeathed a legacy of twenty shillings [£1]
18. Richard BURNETT
In 1654 Richard was involved in a dispute with his older brother George BURNETT over ownership of some land in Otley. Court records for the Manor of Otley include a 'surrender' of two closes of land called "Stakefield Closes" by a William BAINTON to George BURNETT on 20 Dec 1654. George was granted seisin and was admitted as 'tenant' paying a 'fine' of 2/6d. At the same court Richard BURNETT a "customary tenant of the Manor complained against George BURNETT of Otley of a plea of land ... that is ... the two closes called Stakefield Closes" by means of a writ. Richard argued that he had a prior claim to the land by "copy of court roll" and that George therefore had no right of entry to the land.
Paver's Index to Marriage Licence Bonds for the Diocese of York includes the following:
1665 - Richard HOGG, fellmonger, age 28yrs and Ann BURNETT, widow, age 27yrs, of Otley. For marriage in Otley.
This was the former Ann CAVE who married William BURNETT at Otley in 1655. They had two children before William died in 1659.
Records for the Manor of Otley show that Anne BURNETT, widow, surrendered [conveyed] land in Otley to Christopher WHITEHEAD on 23 Mar 1660/61. A later surrender dated 23 Sep 1664 shows that George BURNETT of Otley, Ann's brother-in-law, conveyed property in Otley, formerly her deceased husband's shop, to Ann BURNETT, widow. Ann's second husband Richard HOGG is mentioned as a tenant of land involved in various surrenders by members of the BURNETT family up to but not after 12 Apr 1675. By a surrender dated 17 Jun 1782 and another dated 29 May 1684 William BURNETT of Otley, fellmonger, conveyed land and property in Otley to Ann HOGG, widow [Ann's second husband Richard HOGG therefore died between 12 Apr 1675 and 17 Jun 1782]. William BURNETT was described in these surrenders as "son and heir of William BURNETT late of Otley deceased" he was in fact Ann's son.
49. William BURNETT
On 17 Jun 1682 William BURNETT, felmonger, surrendered [conyeyed] part of a 'shambles' [butcher's shop] in Market Place, Otley, which had a sitting tenant, to the use of Ann HOGG of Otley, widow [his mother - she having married Richrad HOGG after William's father died]. Further surrenders were made in 1683 and 1684 - both of which also involved Ann HOGG. In the surrender of 1684 William was described as son & heir of William BURNETT late of Otley, deceased. This was presumably to distinguish between him and another William BURNETT who was living in Otley at the same time. This second individual named William BURNETT was described as "son & heir of Thomas BURNETT late of Otley", in a surrender dated 14 may 1687.
20. John BURNETT
First mentioned in a "surrender" dated 3 Feb 1663/64 by which Anthony HOPKINSON and Joan his wife both of Birstall, conveyed land at Newall in the Manor of Otley, then occupied by George BURNETT of Otley, to John BURNETT of Rowley, clerk. Joan HOPKINSON was John's married sister and George BURNETT of Otley was their brother. Over a period of time most of the land and property which had been owned or leased by, first his father Thomas BURNETT, then by his widowed mother Joan BURNETT, found its way into the hands of John BURNETT, clerk of Rowley [later clerk of Walkington]. Sometimes this was by way of a brother or sister, as in the above example.
John BURNETT of Walkington, clerk, was last mentioned in a surrender of land in the Manor of Otley dated 14 Jun 1677. He died intestate in 1680 and administration of his estate was granted on 4 Jul 1680 in the Prerogative Court of York:
"Quarto die mensis et Anno psd [July] Commisa fuit Ado bonorum Johannis Burnett cl'ici nup de Walkington princip' Ebor def'ti ab intestato France Burnett filia d'cti def'ti tam ad eius usum quam ad usum Anna Burnett eius sororis (Johnes Burnet filius d'cti def'ti p….? remin et consentien) prius jurat (salvo pr'). Exhibito Inv' ultra 40L"
Administration was granted to daughter Frances for her own use and that of her sister Ann, son John having renounced and consented, and implies that their mother had pre-deceased their father [confirmed in other records]
The West Riding of Yorkshire Register of Deeds at Wakefield contains the following entry:
Ref: E58, 70
Memorial of an Indenture Registered 19 Apr 1712 at 3 pm.
Indenture of feoffment executed with livery and seizin 20 Oct 1711 between John BURNETT of the City of London, mercer, son of John BURNETT late of Beverley, deceased, who was the son of John BURNETT of Walkington, Yorkshire, deceased, and Ann BURNETT of Beverley, widow, mother of the said John BURNETT party to the indenture, of the one part and James POWELL of Otley, yeoman, of the other part Concerning three burgages or messuages in Otley together with all [etc.] ... formerly in the possession of Major EARNSHAW now of Richard COWELL & John BROOKSBANK ... and also ... closes named "Ing", "Ing Head", the "Acre Wheat Close" and "Hempburs" or "Hepburs" ... all formerly known as "Burnett West Pastures" ... lying and being in Otley and now in the possession of said James POWELL ... together with all [etc.] ....
Witnesses: Joseph BEILBY, appothecary of Beverley; Ann BURNETT jnr., spinster and Elizabeth BURNETT, spinster, daughters of the above Ann BURNETT, widow.
From the above a short family tree can be deduced :---
John BURNETT of Walkington = ?
b: 1634, Otley
d: 1680, Walkington
John BURNETT of Beverley = Ann
| | |
John BURNETT of London Ann BURNETT jnr. Elizabeth BURNETT
The other party to the deed, James POWELL, was almost certainly the grandson of Margaret BURNETT, the sister of John BURNETT of Walkington, who married Christopher POWELL at Otley in 1666. The close of land named in the deed as "Hempburs" or "Hepburs" was without doubt the close named "Hep Furs" which was part of a surrender of land in the Manor of Otley dated 27 Nov 1667 when Thomas BURNETT of Otley, brother of Margaret POWELL, nee BURNETT, conveyed it to John BURNETT, clerk, of Walkington.
21. Peter BURNETT
Two children of Peter BURNETT were buried at Otley, son John in 1668 and son George in 1670. The 1668 burial entry describe Peter as being "of Otley", the 1670 entry describes him as being "of Otley but now in Ireland". What took Peter to Ireland is a matter for conjecture but he obviously at least maintained contact with home - as witnessed by the two "surrenders" below.
Peter was the first named beneficiary of his mother's will in 1671: --- one close in Otley called Jennett Croft with appurtenances now in the tenure of William CAVE to my son Peter BURNETT. Manorial records for the Manor of Otley show that also in 1671, just days before she died, Peter's mother Joan BURNETT, widow, surrendered [conveyed] two more closes of land to him:
2 Aug 1671
Joan BURNETT, widow - two closes of land meadow or pasture in Westgate, Otley, called "The Ing" and "Kay Close" als "Stead Doors" adjoining the highway there, containing by estimation two acres, now in the tenure & occupation of the said Joan BURNETT. To the only use & behoof of Peter BURNETT, son of the said Joan BURNETT, his heirs & assigns for ever...
Six months later Peter conveyed these same two closes to his brother-in-law Christopher POWELL:
3 Feb 1671/72
Peter BURNETT of Otley - two closes of land meadow or pasture in Westgate, Otley, called "The Ing" and "Kay Close" als "Stead Doors" adjoining the high road, containing by estimation two acres, now in the tenure & occupation of the said Peter BURNETT. To the only use & behoof of Christopher POWELL, his heirs & assigns for ever...
Peter may have returned from Ireland during 1671 or he may have had someone act on his behalf in the above conveyances.
25. George BURNETT
Two individuals named George BURNETT were involved in a surrender [conveyance] of land in the Manor of Otley dated 24 Feb 1659/60, one described as "of Otley" the other "of Kirskell". For Kirskell read Kirkshill, which is in the parish of Adel. George BURNETT born 1630, son of George BURNETT and Ann LINDLEY [this George], married Jane NORTH at Adel in 1653 and had their first four children baptised at Adel, the last of them being son John in 1663.
George BURNETT of Kirskell was involved in another surrender dated 28 Jan 1661/62 which leased land in Newall, Otley for a period of 5yrs, to a James APLEYARD. George signed this surrender. In another surrender dated 13 May 1664 George BURNETT of Newall was one of the two 'customary tenants' who received a surrender from Joan BURNETT, widow and George BURNETT of Otley. Both George's signed the document. The signature of George BURNETT of Newall matches the signature of George BURNETT of Kirskell in the surrender of January 1661/62 mentioned above. This confirms that George BURNETT and his wife Jane NORTH moved from Adel to Newall, Otley before 13 May 1664. Indeed their fifth child, daughter Ann was baptised at Otley in 1665 and the entry in the parish register describes her father George BURNETT as being "of Newall".
[Joan BURNETT mentioned above was this George's aunt, widow of his deceased uncle Thomas BURNETT. George BURNETT of Otley in the above mentioned surrender was their son, born 1626 - cousin of George BURNETT of Newall]
A Mr. George BURNETT was listed with 4 hearths at Newell cum Clifton (sic) in hearth tax returns for Claro wapentake in 1672 - without doubt this individual.
George BURNETT of Newall was involved in many surrenders after 1663, sometimes with his wife Jane, right up to 1685 by which time Jane had died. In these surrenders George was consistently described as a "gentleman" and from the details of the conveyances it is obvious that he was a man of substance. It is also possible to deduce from these surrenders that George lived in a house known as "Clapham House" in Newall in 1685. In perhaps the most interesting of these surrenders, dated 10 Sep 1685, "George BURNETT of Newall, gent, and Joshua BURNETT, son of the said George ..." conveyed a house in Newall "...now and late in the possession of the said George BURNETT, and sometimes called 'Clapham House' to ... John HARDISTY of Newall, gent..". Not only does this surrender identify exactly where in Newall George BURNETT lived but it also identifies a previously unknown son, Joshua BURNETT. No record of Joshua BURNETT has been found before this date but there is a gap in baptisms of known children of this George BURNETT between 1654 and 1658. If Joshua was born during this period he would have been George's oldest son. The last of the known children were twins Joseph & Elizabeth born in 1674 - it is also possible that Joshua was born after 1674 but this would make him the youngest child.
Jane NORTH, daughter of William NORTH and his wife Elizabeth, nee CAVE, was born in Adel in 1663. She married George BURNETT in Adel in 1653 and they had at least four children born and baptised in Adel before the family moved to Newall in the parish of Otley - where three more children were born. Jane BURNETT died in 1684 and was recorded as "wife of George BURNETT of Newall" at her burial.
56. Joshua BURNETT
Joshua BURNETT of Wakefield, cloth weaver, left a will dated 6 Dec 1718. There were just three beneficiaries - his wife Sarah, his brother George BURNETT of Leeds, haberdasher, and Joshua BURNETT son of brother George.
Witnesses were: William LUXTON, John LEDGER and Joseph ENGLAND.
Twin sister of Joseph.
64. Joseph BURNETT
Twin brother of Elizabeth.