|
In the name of God: Amen the ffifteenthe
daye of Julie in the yere of or Lord god one thousand
fyue hundred fower score and twelue in the fower and thirtith
yere of the Raigne of oure Soueraigne Ladye Elizabethe by the
grace of god of England ffrannce and Ireland Quene Defender of
the faithe &c. I Robert Denys of Holcombe Burnett in the
Countie of Deuon Knighte being of good and perfect memorye (thankes
be to god) do ordeyne and make my testament Declaringe herein my
last will in manner and forme folowinge. ffirst I commend and
bequeathe my Soule vnto the handes of god my bodye to be buried
in Xpian [Christian] buriall (that ys to saie) that yf it shall
please god to call me out of this mortall life at any place in
the Countie of Devon: Then I will my bodye to be buried in the
parishe churche of Holcombe aforesaid nere vnto my first wifes
buriall where I woulde haue a decent Tombe to be made with bothe
or Armes and the Armes of my Wife that nowe ys
therein gravon or ether wife paynted at the discretion of my
ouerseers hereunder named. And euen so I desire my saied wife
that nowe ys to ordeyne her buriall by me in the same Churche
whensoeuer yt shall please god to call her home. Allso I
bequeathe to the poore people of the Hundred of Wonforde?
Chiston Ottery St Marye and East Budleighe fortie
poundes of lawfull money to be Distributed amongest them by the
Discretion of my ouerseers hereundernamed Allso I bequeathe to
the prisoners in the gaole of the Castle of Exon [Exeter] six
poundes & thirteene Shillinges fower pence of like lawfull
money. And to the prisoners in the gayle of the Cittie of Exon
twentie shillinges of like money. Item I giue and bequeathe to
Robert Heringe my Servannte twoe yeres wages ouer and aboue that
which shall be Due vnto hym at the tyme of my deathe and to
euerye other of my houshould servants servinge me at the tyme of
my Deathe (except those as or otherwise preferred one whole
yeres wages ouer and beyond his or her wages then due. Allso I
giue and bequeathe vnto Dame Margaret my wife twoe
hundred poundes of lawfull currant money to be paied and
delyuered vnto her within one yere after my decease or sooner yf
it shalbe so thoughte good by my ouerseers or the most parte of
them. Allso I giue and bequeathe vnto the same Dame Margaret my
wife all her wearinge apparrell and all suche Jewells of gold
siluer stone and pearle as hereafter be exprressed, viz: The
newe Border of gould, the greate round tablett of gould. the
greate poynted Diamond. the twoe litle Ringes of gold the one
with a litle Rubie, the other with a litle Emrold: being Jewells
in my Wyues [wife’s] custody. And my second best Bason and Ewer
of Silver and guilte. A Dozen of siluer spoones, A neast of
greate guilt bolles next to the best, a beere Jugg With a couer
guilte: A nest of smale guilte bowles commonlye used. A nest of
white bolls, twoe square Saltes of Siluer the one guilte the
other vnguilte. One stone Jugge garnished with siluer and guilt
Tenne featherbeddes whereof the one to be furnished and
performed with twoe payer of fitt and convenient sheetes
blanketts couerletts tester and all other necessaryes meete
[fit] for her owne use, And one other of them to be furnished
and performed fitt for a gentleman guest with meete and
convenient hangings and furnitures bothe for her owne chamber
and the gentlemans chamber: And the residue of the saied
necessaryes Beddes with like necessaryes fitt for servingmen
and servannts: One guelding with Sadle and other necessaryes
meete for her owne Rydinge, one other for a gentlewoman with
furniture to the same. And fower other geldinges with theire
Sadles and furnitures fit for Servingmen Eight oxen with a
ploughe wayne and furniture convenient for the same, Eighte kyne
with a Bull. one hundred weathers: And so muche corne grayne and
malte as shall serue for her necessarye vse and conuenient
hospitallity in her owne house in one whole yere in the Judgment
of my ouerseers or the most parte of them. Allso I devise will
and bequeathe vnto the saied Dame Margaret my wife my Capitall
mansion and dwellinge house Berton and Demeasnes in Bickleton
and all my landes meadowes Leasures and pastures whatsoever with
theire appurtenance in the parishe of Bickleton and Collaton
Raleighe nowe in myne owne proxy occupation and and
manurannce. To haue and to hould vnto the said Dame Margaret &
for and duringe the tearme of ffiftie yeres next after my
decease (yf she so longe shall liue) Sole and unmaryed. And
allso I giue and bequeathe vnto the saied Dame Margaret my wife
one Annuall or yerelie rent of one hundred poundes of lawfull
englishe money to be yssuing out of all the residue of all my
Mannors mesuages Landes tenements and hereditaments whatsoeuer
with theire appurtenances in the Counties of Deuon Dorset and
the Cittie of Exon. To haue moye Leavye and perceyae the saied
Annuall or yerelie rent vnto the saied Dame Margaret for and
duringe the tearme of ffiftie yeres next after my Decease yf she
so longe shall liue to be paied at fower tearmes of the yere
that ys to saye the ffeastes of Sainte Michaell the Archangell,
the Nativitie of oure Lord god the Annunciation of Saint Mary
the virgin, and the Nativitie of St John Baptist by
equall portions: the first payment thereof to commence beginne
and be made at suche of the saied ffeastes as shall happen to
come next after the Daye of my deathe. And yf it happen the
saied Annuitie or yerelie rente of one hundred poundes or any
parte thereof to be behinde unpayed by the space of xxviij Dayes
next after any feaste of the feastes beforesaied in which as ys
aforesaied yt [that] oughte to be paied that then it shalbe
lawfull to and for the saide Dame Margaret and her assignes into
all my saied landes tenements and hereditamentes with their
appurtenances in the saied Counties of Deuon Dorcet and the
Citie of Exeter to enter and Distrayne and the Distresse so
there taken to leade Dryue and carrye awaye the same to withould
untill suche tyme as she or they shalbe of the saied Annuitie or
yerelie rent with the Acrerages of the same yf any be shalbe
fullie satisfied contented and payed. And allso I giue and
bequeathe vnto the saied Dame Margaret my wife one other Annuall
or yerely rent of fowerscore poundes of lawfull englishe money
to be yssuing out of all my Mannors mesuages Landees tenements
and hereditaments whatsoeuer in the Counties of Deuon Dorst
and the Cittie of Exeter. To haue and to houlde the same
Annuitie or yerelie rente of ffower score pounds, vnto the saied
Dame Margaret for and during the tearme of ffiftie yeres to be
paied at fower termes in the yere that is to saye at the
ffeastes of Sainte Michaell the Archangell [29 Sep] the birthe
of oure Lorde god [25 Dec] the Annunciation of Sainte Marye the
Virgin [25 March] and the natiuitie of Saint John Baptist [24
June] by euen portions, the first payment thereof to commence
begynne and be made and done at suche of the saied ffeastes as
shall happen first to come and be next after such daye as the
saied Dame Margaret shall after my decease marrye or take any
man to her husband and not before. And yf it happen the saied
Annuitie or yerelie rent of fower score poundes or any parte
thereof to be behinde in parte or in all by the space of one
monthe next after any of the saied ffeasts, wherein it oughte to
be paied as aforesaied That then yt shall and maye be lawfull to
and for the saied Dame Margaret and her assignes into all the
saied Mannors mesuages Landes tents, and hereditaments or any or
euery parte thereof to enter and distrayne and the Distresse or
Distresses thereso taken to leade dryue awaye and ympounde and
to Deteyne the same untill suche tyme as the saied Annuitie or
yerelie rente of fower score poundes togeather with the
Accerages thereof (yf any be) shalbe fully satisfied contented
and payed. Whiche saied mesuages Landes tenements and Annuities
my full intent and meaninge ys shalbe in full recompence and
satisfaction of suche Dowrye as to her shall belonge out of all
my Mannors mesuages Landes tenements and hereditaments within
the Realme of England. Prouided therfore allwayes that yf the
same Dame Margaret shall at any tyme hereafter willinglie
recouer any Dowrye against the heire or heires of me the saied
Sr Robert Denys or against any other person or
persons that nowe doth or hereafter shall hould any part of my
Mannors Landes tenements or hereditamentes, or by such moneye do
evict eiect [eject] or Dispossesse or cause to be evicted
eiected or dispossessed of any suche landes tenementes or
hereditaments as nowe ar or euer were of myne Inheritance. That
then the saied deuise to her of the saied capitall mesuage
Landes tenementes and hereditamentes annuities and yerelie
rentes to be vtterlye voide and of none effecte. And yet to
thintent [the intent] she maye quietlye houlde possesse and
enioye the saied capitall mesuage Landes Tenements annuities and
yerelie rentes to her aboue deuised according to my true Intent
and meaninge I do herebye will deuise and ordeyne by this my
testament and last will That yf Thomas Denys Knighte my sonne
or any other myne or his heire or heires shall at any tyme or
tymes after my decease against the will of the saied Dame
Margaret Disturbe evicte or eiecte the saied Dame Margaret of
any the saied capitall mesuages Landes tenements or Annuities or
any of them within any suche tyme as she by the true intent or
meaning of me should or oughte to enioye the same by which
Disturbance eiection or eviction she the saied Dame Margaret
shall susteyne Damage to the value of twentie poundes in any one
yere. That then she the saied Dame Margaret shall forthwith haue
hould and enioye to her and her heires for euer all those my
mannors landes tenements rentes and services with their
appurtenances in the parishes of Broadclifte, Aifesbeere?
Harpford venanterye East Budleighe, Himucke, and Collaton
Raleighe in the countie of Deuon aforesaied and in the Cittie of
Exon: which were and ar of my purchase in fee ‘simple’ or fee
tayle to dispose the same at her will and pleasaure either
in fee simple or fee tayle. Allso I giue and bequeathe vnto
Margaret my daughter Six hundred poundes of lawfull money of
England to be paied vnto her within one yere next after my
decease or at the daye of her marriage which shall first
happen. And further I do will that yf the saied Margaret my
daughter do marry with the good likinge advise and consent of my
wife her mother and of my ouerseers hereunder named or the more
parte of them That then there shalbe paied vnto her within the
space of one halfe yere next after her marriage the Somme of
twoe hundred poundes more which in that respect and vnder that
condition I do hereby giue and bequeathe vnto her. Allso I giue
and bequeathe to Philippe my daughter Sixe hundred
poundes of lawfull money of England to be payed vnto her within
one whole yere next after my Decease: or at the daye of
her marriage which shall first happen. And further I do will
that yf the saied Phillippe my Daughter do marrye
with the good likinge advise and consent of my wife her mother
and of my ouerseers hereunder named or the more parte of them
That then there shalbe paied vnto her within the space of one
halfe yere next after her mariage the Somme of twoe hundred
poundes more which in that respect and vnder that condition I do
hereby giue and bequeathe to her. Allso I do giue and bequeathe
vnto my Daughter Janor Six hundred poundes of
lawfull money of England to be paied vnto her within one yere
next after my decease or at the daye of her mariage which shall
first happen. And furthermore I do will that yf the saied Janor
my daughter do marrye with the good likinge advise and consent
of my saied wife her mother and of my ouerseers hereunder named
or the most parte of them. that then there shalbe paied to her
within the space of one halfe yere next after her marriage the
Somme of twoe hundred poundes more which in that respect and
vnder that condition I do hereby giue and bequeathe to her. And
for that I stande doubtfull whether all my goodes and chattells
wilbe sufficient for the payment and dischardge of my ffuneralle
Debtes and Legacys herein mencyoned Therefore I do will deuise
and bequeath vnto my ouerseers hereafter named all my Mannors
Landes tenementes and hereditaments whatsoeuer with their
appurtenances in the saied Counties of Deuon Dorset and the
citie of Exon not before willed nor deuised: To haue and to
hould to them for and duringe the terme of Seauen yeres next
after my decease to thintent [the intent] that they shall of the
yssues and proffittes thereof leavye [levy] so muche lawfull
money as shalbe sufficient to satisfye and make payment of so
muche money in satisfaction of my debtes and Legacyes of mony as
my goodes cattells and good Debtes shall not be able to paye and
satisfye Yet neuerthelesse prouided allwayes that yf my saied
debtes and Legacys of money may be conveniently paied of or with
my goodes and cattells or that shall want therein the yssues and
profittes of the premises allreadye deuised to my saied
ouerseers may supplie or satisfye in shorte tyme That then
ymediatly vppon the payment or satisfaction of the same my
debtes and Legacyes of money the sayed Deuise to my ouerseers to
cease Determyn and become from thencefourthe ‘voide’ and of none
‘effecte’. The residue of all my goodes and cattalls (my
funeralls which I woulde with litle cost therein to be bestowed
other than vppon a decent Tombe for me be aforerememberred) And
my debtes and Legacys paied satisfied and dischardged I whollie
giue and bequeathe vnto the saied Sr Thomas Denys
Knight whome I ordeyne and make my whole and sole Executor
of this my present last will and testamet And yf he advisedlye
by the space of twentie and eighte dayes next after my decease
refuse to execute the same according to the true meaninge of
this my last will Then by theise presentes I do desire and
[authorise] my ouerseers afternamed to be my executors for
performance of this my saied will and testament. And I do
ordayne and make George Carye of Cockington Esquire & Edward
Drewe Seniannte? at the Lawe William Marston clerke: Edward
Denys and Walter Denys my Brothers Richard Sparrie Esquire
and Richard Sutten clerke my Supravisors and ouerseers of this
my testamente praying and desyringe them to see the same trulye
executed and performed according to my will and mynde herein
mencyoned [mentioned]. And to eche [each] of them I bequeathe
one Ringe of gould to be made of the value of fyue nobles, which
I pray them and euery of them to weare in memorye of my good
will towardes them. And whereas I haue before this tyme sett
downe a plott and deuised to errect an Almeshouse and a chappell
thereunto and haue determyned to settle therein a certeyne
nomber of poore people of whome euery one to haue a weekelye
Stypend in money and some yerelye Commodities (as by the same
deuise in wrighting under my hand dothe appeare) the same to
haue contynuwance [continuance] for euer fforasmuche as the same
ys not yet finished I require my saied same Sr Thomas
Denys Knighte in respect of the naturall loue I beare hym and
for that I do not disenchant? hym of any of my landes that he do
with as muche speede as convenientlye maye be finishe the saied
Almeshouse and asmuche as in the saied deuise vnder my hande I
haue Determyned should be done therein and in suche sorte to
haue contynuwance by lawfull meanes and further Deuise as I my
selfe would haue done or was mynded to do yf god do spare me
tyme. For witnesse whereof I haue hereunto set my seale of
Armes and subscribed my name with my owne hand the daye and yere
first abouewritten.
The nynetenth of Julye aforesaied I
Robert Denys Knighte aforesaied calling to mynde howe litle
I haue considered my lovinge wife Dame Margaret in
Legacys I haue therfore enlardged vnto her in the codicill
annexed to my will cheifely for that purpose to whome allso I
giue and bequeathe my payre of less guilt siluer pottes, her
best border and vnderborder of gouldfinished worke and pearle
and my greate table Ruby and all my pearle bothe greate and
smale which she at any tyme usuallye hath worne other then the
pendannt pearle vnto the Icsue? of Diamondes which saied Icsue?
and Jewell I desyre my Executor maye Remayne in Succession.
Item vnto my saied wife I giue so much wheate Rye barley and
oates as shalbe needfull to sowe her grounde the next foode tyme
after my deathe. Item vnto my daughters Margaret and
Phillippe in consideration of theire naturall loue paynes
and diligence ymployed on me in this my sicknes I giue betwene
them my chayne of gould equallye to be devyded. Witnessed to
the Sealing and publishinge of this to be the last will of the
saied Sr Robert Denys Knighte
William Baylie Teste
Ri: Sutter W: Stratchlighe Ro: Herrige
Probatum fuit
Testamentum suprascriptum apud London coram, Magro Johanns Hone
legum Doctore Surrogat venerabili viri Magri willun Lewin legum
etiam Doctoris Curie prerogatiue Cantuarien Magie custodie sui
Comissary vicesimo secundo die mensis Septembris Anno Domini
1592 Juramento Alexandri Serle Notarij publici procuratoris
Domini Thome Denys Miti Executoris in hinoi testamento nominat:
Cui commissa fuit administrato bonorum Jurium et creditorum dei
Defuncti de bene et fideliter Administrand ad sancta Dei
Evangelia Jurat.
Memorandu the third-part of all the Landes,
discended vnto me from my father is free from thentayle [the
entail] made by his will. |