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In the name of God amen the fforth day of
December in the yeare of our redeemer One thousand
sixe hundred and Nineteene and in the seaventeent yeare of our
most gratious soveraigne Lord James by the grace of god king of
england ffrance and Ireland defendor of the ffaith &c and of
Scotland the three and fifteeth I William Drake of
Wiscombe in the countie of Devon and being of indifferent health
in boddie and of perfect memory praised be god allmighty god
doe make and ordaine these presents my last will and
testament in manner and forme following ffirst, my sowle I
Commend and bequeath vnto Jesus Christ, who with the ransome of
his pretious blood hath redeemed it from hell and the prince
theireof to be presented by him when it shall forsake my vile,
earthly, and corruptible boddy, vnto God the father my Creator
and hath sanctified it by the worth of god the holi ghost, vnto
god my Creatour, god my redeemer, and god my sanctifier, three
persons and one god be ascribed all power honour praise and
glorie foreuevmore [forevermore] so be it, My boddie I committ
to the earth from whience it pleased god first to devise all
mankinde, there to be consumed to dust and earth vntill that
glorious and hopefull daie shall come when all Creatures shalbe
dissolued and our redeemer Christ shall in glory appeare to
iudge [judge] both quick and deade then to be raised and vnited
with my sowle to live immortall and eternall in the heauenly
Jerusalem Amen; Item I give vnto the poore of the parishe of
Southly fforty shillinges and to the poore of the parishe of
Sudburie fforty shillinges, And whereas my worthy and welbeloued
Cosen John Drake of Ashe esquier, my verie loveing
brothers Henry Drake of Chilethay esquier and Nicholas
Drake of Rosehall esquier doe stand bound with me and for my
debt in divers obligations for paiement of moneyes, To the end
that they my said Cosin and brothers with divers other my
freindes that are engaged and doe stand bounden obligations with
me for whom I doe earnestlie entreate my abouenamed Cosen and
brothers to haue an especiall care to free and saue harmeles
[harmless] from anie indempnities [indemnities] that should or
might ?? or arise vnto my said engaged freindes I doe hereby
will and devise give and bequeath vnto my said worthy beloued
Cosen John Darkae, my deere and faithfull loveing brothers Henry
Drake and Nicholas Drake abouenamed for ye reposed
trust and confidence I haue euer assuredly found in their loves
all those my howses growndes and domaines of Wiscombe commonly
called Wiscombe Parke with the rightes members and appertenances
therevnto belongeing wch right appertaineinge for and dureinge
the terme of Threescore and tenne yeares of if Phillipp Drake
my wife, Thomas and John Drake my sonnes,
solong shall live, in trust by them to be disposed as hereafter
in this my last will shalbe expressed, and to no other vse &
purpose And first my will is and I hereby expresse that they my
said Cosen and brothers doe stande & shalbe seased [seized] for
the tearme abouesaid of threescore and tenne yeares after my
decease of all ye howse and howses, barnes, stables
and stalls in and vppon Wiscombe (excepting ye warren
lodge) with all gardens orchyardes hopgarden, crofts and waies,
and all those parcells of grounds comonly knowne and called by
the name or names of the plott and Hempground behinde the howse,
the litle meadowe and pitlawne garden, ye undle
meadowe, ye meadowe vnder ye walke the two
closes called North and South pitlawnes, ye closse
called Estground ye closse called woodcockepitt, the
two closses called the lawnes adioyneing to the east and south
side of ye barne, the Closse where ye
Marle vist is called ye lesserbroome closse, and the
other closse called the broomeclosse adioyneing to ye
Mill, the closse called ffayerwill Moore and the meadowe called
the Linch meadow lying west from the howse, and the other part
of the grounds called the Estground lying from ye
North gate south and southgate which is bounded with an old dike
from the wicked that cometh out of the Lawne and goeth upp vnto
the North gate, All which howses and grouwndes abovenamed
together with the Mill my will is and hereby I doe expresse that
my now wife Phillippe Drake shall enioy to her onely use and
behoofe and all other my groundes not before expressed, that is
to saie, the greate meadowe being in two parts, the closse
called Whitmore, the closse called old Court with all the hill
groundes from the East ground formerlie named lying west called
Northdowne Holmenquarth ye greate ball where ye
warren lodge standeth and ye lodge therein, the litle
Ball Sarchole highditch the westdowne ?? hall ye
wester part of Southdowne and ye Easter part of
Southpone now in the occupation of one Simon Potter together
with the ground called ye wood which is now in the
occupation of Mrs Clide These latter groundes named with the
Lodge on ye greate Stall and all other groundes in
Wiscombe, if anie be not before devised and bequeathed vnto my
wife, my will is my cosen John Drake, my brothers Henry Drake
and Nicholas Drake, shall dispose sett lett and sell for ye
tearme of yeares aforresaid vnto anie person or persons if
Phillipp Drake my now wife Thomas Drake and John
Drake my sonnes so long shall live either part or ye
whole for raiseinge of moneyes to paie such debts aas at the
time of my death I shall owe if anie be and not otherwise
provided for, and for ye paiement of such legacies
vnto my children or others as in this my will shalbe bequeathed
Provided that my said wife shall yearelie paie towards the rent
due vnto my lord Peter ffortie shillings, and for ye
composition vnto Mr Potter ye Parson of Southlie
ffower pounds, the other the other ffortie shillinges
vnto my lord Peter and ffower pounds vnto Mr Potter shalbe
reserned uppon the other part of the groundes not deuised vnto
my wife, And further I doe provide and my will is that neither
my said wife nor anie other or others that shall possesse anie
th other grounds shall make anie wast to the value of ffortie
shillings hereby my lease forom my lord Peter and others maie be
impaie?ed and forfeited, And whereas I haue formerlie made a
lease and grantes my lease which I hold of the titheing and
garbe belongeinge to the Rectorie of Sudburie from ye
Deane and Chapter of Exon vnto my foresaid Cosen Drake of Ashe
and vnto John Drake now Sir John Drake knight his sonne
which Grant beareth date to certaine vses as in the said grant
doth appeare and whereas my Cosen Drake and Sr John Drake haue
ioined with me in two severall grants of part of the said
tiethinge and garbe, The one Grant vnto Henry Tothell and Henry
Drake Esquier to the use of my brother Nicholas Drake’s wife for
paiement of ffiftie poundes yearelie at two severall paiements
and the other grant, vnto my brother Nicholas Drake for the like
paiement of ffiftie pounds by the yeare, in both which grants I
haue covenanted? to the rent of twentie pound by ye
yeare and to saue them harmeles against the Deane and Chapter
for ye non paiement of rent is vppon forfeiture of
the whole lease, Now my will is for ye ?? grant vnto
my cosen Drake and Sr John Drake is but in trust for ye
paiement of debtes and performance of legacies after my decease
That they my cosens John Drake and Sr John Drake, shall sell the
residue of the tiething and garbe not formerlie by vs granted as
aforesaid reserveing by good securitie the paiement of twentie
pound rent vnto the Deane and Chapter whereby ye
former grants maie not be p??diced, which remainder not yet sold
by vs is yearelie worth one hundred pound aboue the rent of
twentie pounds, whereof moneyes shalbe first made toward ye
paiement of my debtes and what shall remaine vnpaid to be raised
vppon those groundes in Wiscombe heretofore devised, Provided
that if my said sonne Thomas make or anie other my sonne
or sonnes shall discharge my debtes and legacies, that he or
they shall enioie [enjoy] the said lease of tieth and Garbe of
Sidbury and those grounds in Wiscombe wch are
appointed for paiement of Debtes during my hole tearme of yeares
vppon lives, wch I haue of the said grounds by grant
from the lord Peter and others, And for the howse & howses of
Wiscombe before in this my will devised to the vse of my wife
with all those groundes, my will is and I doe bequeath the said
howses and groundes vnto my sonne Thomas Drake, if he be liueing
after ye decease of my wife Phillipp Drake. And if my
said sonne Thomas shall not be liueinge Then my will is and I
doe bequeath it to my sonne John Drake my said sonne Thomas or
John to paie vnto my sonne William Drake within sixe monethes my
said wife shall decease one hundred poundes of lawfull moneyes,
Item I give vnto Phillippe my beloved wife sixe of the best kine
I shall haue at time of my death and so much corne as shall
serue for her vse and sixe persons [portions?] for one whole
Item I doe further giue vnto my said wife two of my faierest and
best siluer bolls a guilt Cupp wth a Cover which my
vnckle [uncle] Richard Drake gave me, More I doe further
give vnto my wife two of my best bedds with their furniture and
linnen fitt for them and three other bedds for servants wth
their furnitures, these poore and vnworthie guiftes for so
true and loveinge a wife, I groane with sorrow I am not able to
better, desieringe her that as she hath even vndergone all
sorrowes troubles and cares with) greate patience and comfort
vnto me that this world hath laid on me. So she wilbe contented
and I beseech god to blesse her with grace that she maie with
patience vndergoe this poore estate whereunto I shall leave her
And had it not been (that to my knowledg it wonld haue been two
heavy for her to vndergoe the trouble I would haue left all that
my poore estate I haue vnto her Item I give vnto my daughter
Amy a hundred poundes to be paid sixe monethes after my
decease Item I give to my daughter Johan a hundred
poundes to be paid her sixe monethes after my decease, which
moneyes I wish maie be made out of my plate and my stock of
corne, Catle, horses and sheepe, which I shall haue at time of
my death and not bequeathed in this my will, But I well knowe my
debts by law are first to be satisfied before my legacies, yet
if my deere freindes beforenamed, my Cosen John Drake and
brothers Henrie and Nicholas, cann so provide to paie my poore
daughters in manner abouesaid, and if my debtes maie be
satisfied and anie remainder of those thinges which I haue
appointed for it, My will is that my said good friend and
brothers shall paie one hundred pounds more to ech of my
daughters: Item I giue vnto my wife the best horse gelding or
mare I shall haue at time of my death fittest for her owne vse
and two other naggs or mares for necessarie seruice Item I give
vnto my servant Henry Hayne my second best horse, mare or
geldinge I know it a vanitie and follie to give out of that
which the lawe forbidds me, for all my goodes must first goe to
ye paiement of my debtes, yet through the care and
travell [travail] of my freindes if these my poor? legacies maie
be performed those vnto whom they are bequeathed haueing no
other meanes I hold it greate conscience to remember, and doe
entreate and beseech god to reward their travells that shalbe
helpfull &? to such a poore ruined? posteritie as I shall leave
vnto theire care, ffor ye I and ayding small
furnitures I haue in and about my howse I wish they maie remaine
vnto my wife, and my sonne Thomas Drake mutuallie if there maie
be prouision to paie my debtes otherwise, And I beseech ?? god
so to blesse him that he maie recover meanes to redeeme this
poore estate which I gaue disposed for paiement of debtes, and
lett him not think it strange I haue left him nothing when he
looked back vnto the estate I haue and to my debts which
cheefelie [chiefly] haue eaten into me by vserie [usury], out of
which disease I never was since my father died, God blesse him
from it And I doe make my sonne Thomas Drake my executour of
this my last will and testament my debte being paid my legacies
satisfied, and my boddie without solemnitie buried All the rest
of my goodes and chatteles I give and bequeath vnto him, And for
the better a???tance vnto my Cosen Dracke of Ashe my brothers
Henry and Nicholas Drake and my executour Thomas
Drake my sonne in this troublesome busines, for ye
execution of my will I do entreate my trusty and loveing friend
Mr Nicholas Putt and my cosen William Drake of Hartford to be
the ouerseers for performance of this my last will and testament
In witnes I haue sett my hand and seale the daie and yeare above
written: William Drake teste Barnard Drake Henry Hayne
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