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The Will of Robert Denys

 

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.

 

 

This Will was kindly transcribed and sent in by Kathleen.

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