Summary:

Testator:                                       John Scale (1) of Grizedale in Hawkshead, Lancashire, yeoman

Son:                                               John Scale (2)

Daughters and executrixes:        Margaret and Jennett Scale

Brother:                                         Robert Scale (3) of Whaithead

Brother-in-law:                             Robert Satterthwaite (4) of Satterthwaite

Cousin:                                          John Scale (5) of Dale Park

Supervisors:                                 Robert Scale (3) , Robert Satterthwaite (4) and John Scale (5)

Signed:                                          23 April 1686

Witnesses:                                   James Tomlinson, Robert Satterthwait and John Scale

Daughters’ guardians:                Robert Satterthwaite and John Scale;

Bondsmen:                                   Robert Satterthwaite, John Scales, James Tomlinson and George Sedgwiske

Probate:                                         27 Aug 1686

Son’s tutor or governor:            John Burnes of Bowth in Colton

Bondsmen:                                   John Chamney, John Satterthwait

Tutor’s Bond:                              20 September 1686

Notes:

1. Testator was the son of another John Scales (d 1670), but his mother’s name is not known; nor his wife’s name known and she must have died before him since she is not mentioned;

2. Testator’s son John (1667-1732) was also of Grizedale; he married had two daughters and coheiresses, Agnes and Martha, but no legitimate son; he did have an illegitimate son, John, by Elizabeth Mason, who was baptized in January and buried in March 1698/9 in Hawkshead;

3. Testator’s brother Robert has left no trace;

4. Testator’s sister Agnes married Robert Satterthwaite and had two daughters Mary and Sarah, but she was probably dead when this will was made, since she is not mentioned;

5. Testator’s cousin John Scale of Dale Park (1649-1700) was the son of Robert Scale of Dale Park (d 1708);

6. Three bonds are attached to this will: a) to educate and maintain testator’s daughters Margaret and Jennet and ensure that their legacies are paid;  b) to ensure execution of this will; c) to ensure the maintenance and education of testator’s son John during his minority.

Source:

LDS Family History Library, British Film 0098582

Text:

Will:

In the name of God, Amen. I John Scale of Grisdall in Furness Fells in the parish of Hawkshead and county of Lancaster, yeoman, weak in body yet nevertheless perfect in mind and memory, god be praised for the same, do now make and ordain this my last will and testament in manner and form following

First and principally, I commend and commit my soul into the hands of Almighty God, trusting through the death and passion of Jesus Christ to have full pardon and remission of all my sins, and it is my mind and will that my body be buried in Hawkshead church and the officers there to have all dues paid them for the same

And I do hereby will and devise and bequeath my lands, tenements and houses in Grisdall or within Satterthwaite bailiwick  to my son John Scale for the consideration of the sum of four score pounds to be paid as followeth, the first twenty pounds to be paid by my said son John to my daughter Margaret one whole year after he accomplish the age of one and twenty years or come to enter to possession of my said lands and houses and the sum of twenty pounds to be paid by my said son John to my said daughter Margaret the next year following as above, and the other half of the said sum to be paid by my said son John to my daughter Jennett ??? first twenty pounds to be paid when she accomplishes the age of twenty one years and the other twenty pounds or part thereof the next year following, being two years after she accomplish the age above said

Item, it is my mind and will that I give unto my said son John one cupboard and table with frames and forms to the same, one great chist and an ark and ?as of best ?bedsteads with all my ?lowse boards in and about my houses and with all the plows and plow gear with ?axes and other husbandry gear in and about my houses

And it is my mind and will that a tale be made of my ?goods and my lands be got till my son be at years or for the years and I will that the best thirty sheep ??? and for with the lands and that there be two of ??? of wall menders out of rent and the rest of rent to my two daughters

And I give the said thirty sheep to my said son when he come ?? lands

Also it is my mind and will that I give and bequeath unto my said two daughters Margaret and Jennett all the remainder of my goods in consideration for payment of my debts and funeral expenses to be paid

And I make my said two daughters Margaret and Jennett joint executrixes of this my last will and testament and that they shall be at the ordering of my supervisors hereafter mentioned

And it is my mind and will if either of my two daughters die before she be at age or be married that their portion shall remain to their brother and sister equally

And also it is my mind and will that I appoint supreme in that my last will and testament my brother Robert Scale of Whaithead, my brother-in-law Robert Satterthwaite of Satterthwaite, and my cousin John Scale of ?Dalepke desiring them to see this my last will and testament performed and kept and that they have no charges borne about any troubles touching this will

It witness whereof, I have hereunto set my hand and seal the twenty third day of April Anno Domini 1686 // John Scale, his mark //

[witnesses] // ?Ja ?Tomlinson // Robt. ?Satterthwait // John Scale //

Memorandum that these words was interlined being the ??? ??? ??? and deed the word (score) in the ninth line downwards, the word (twenty) in the twelfth line and the words (twenty pounds) in the fifteenth line downwards.

Bonds:

1. For education and maintenance of testator’s daughters

The first part is in Latin, binding Robert Satterthwaite, John Skayle, ??? Tomlinson, all of Furness Fells in Lancashire, yeomen, and George Sidgewick of Broughton, Lancashire, in the amount of £120, dated 27 August 1686.

The second part is in English as follows:

The condition of the obligation is such that if the above bounden Robert Satterthwaite and John Skayle do well and truly content and pay or cause to be well and truly contented and paid unto Margaret and Jennett Skaile, natural and lawful daughters of John Skaile late of Grisdaile of the parish of Hawkshead, deceased, all such filial child’s parts and portions, gifts, grants, legacies and bequests, sum or sums of money and all other rights, dues and demands whatsoever due unto them by the death will and inventory of their said father, deceased, or otherwise when they shall accomplish the age of twenty one years, be married, or otherwise lawfully demand the same, and in the mean season do well and honestly educate and bring up them with meat, drink, clothes and all other necessaries during their minority, and make a true and just account of the premises when they shall be thereunto lawfully called, and if need require enter into such further bond with more sufficient sureties for performance of the premises as the above named Dean and Chapter and their commissary of the Archdeaconry for the time being or their successors shall think meet and requisite; and lastly do save, defend and harmless keep the above Dean and Chapter, their commissary and all other their officers and ministers against all persons by reason of the premises, then this obligation to be void, otherwise in force. // Robert Satterthwaite // John Scalles // Ja. Tomlinson // Geo. Sedgwiske //

Sealed and delivered in the presence of us // illegible // Jos. Lambert //

2. For execution of the will

The first part is in Latin, binding Robert Satterthwaite, John Skayle, John Tomlinson, all of Furness Fells in the parish of Hawkshead, and George Sidgewick of Broughton, Lancashire, in the amount of £120, dated 27 August 1686.

The second part is in English as follows:

The condition of the obligation is such that if the above bounden Robert Satterthwaite and John Skayle do well and truly execute, perform, fulfill and keep the last will and testament of John Skayle, late of Grisedale in Furness Fells in the parish of Hawkshead of the Archdeaconry of Richmond ??? in paying all his debts, legacies and children’s portions according to the tenor of the said will so far as the goods will extend and the law binds them; if they shall exhibit into the registry of the said Archdeaconry kept at Kendal a true and perfect inventory of all and singular the goods, cattle, chattels, credits and rights of the said deceased; and shall make a true and just account of the same when they shall be thereunto lawfully called; and if need require enter into such further bond with more sufficient sureties for performance of the premises as the commissary of the said Archdeaconry for the time being shall think meet and requisite; and lastly shall at all times hereafter well and sufficiently save, defend and keep harmless and indemnified the above said Dean and Chapter, their commissary and all other their officers and ministers against all persons by reason of the premises, that then this obligation to be void, otherwise in force. // Robt. Satterthwaite // John Scalles // Ja. Tomlinson // Geo. Sedgwiske //

Sealed and delivered in the presence of us // illegible // Jos. Lambert //

3. For maintenance and education of testator’s son

The first part is in Latin, binding John Burnes of Bowth, parish of Colton, John Chamney of Stock and John Satterthwaite of ???, parish of Colton, in the amount of £???, dated 20 September 1686.

The second part is in English as follows:

The condition of the obligation is such that whereas John Skayle, son of John Skayle, late of Grisedale in the parish of Hawkshead being of the age of eighteen years or above, hath ???, ??? and appointed and ??? John Burnes of Bowth in the parish of Colton to be his tutor or governor during his minority;  if therefore the said John Burnes shall educate and maintain with meat, drink, apparel and all other necessaries according to his calling the said John Skayle during his minority and shall when he or the law require faithfully pay unto him all his said portions and legacies given unto him; and give a true and just account of all his actings when he shall be thereunto required, and shall and will well and sufficiently save and keep harmless and indemnified the above Dean and Chapter, the said commissary and all their officers and ministers against all persons whatsoever by reason of the premises and shall give further and better security to the said commissary when required. That then this obligation to be void, ?otherwise in force.  // John Burnes // John Chamney // John Satterthwaite //

Sealed and delivered in the presence of us // John Woodburne // ??? Simpson //