Summary:

Testator:                           Robert Scales (1) of Thwaitehead in Hawkshead, Lancashire, yeoman

Daughter and son-in-law:  Margaret and Robert Rowlandson (2)

Grandchildren:                  William Rowlandson, and Rowland, Agnes, Margaret and Jane Taylor (3)

Daughter and son-in-law:  Elizabeth and Edward Taylor

Daughter and son-in-law:  Jane and Hugh Addison

Grandson and executor:    Robert Scale (4)

Friend and trustee:            Richard Harrison (5, 6) of Thirstone Waterhead           

Son-in-law:                       Rowland Taylor of Thwaitemoss (3)

Signed:                             13 June 1707

Witnesses:                         Lancellot Harrison (6), John Fell and Will. Sawrey

Codicil:                             signed 17 January 1707 (Old Style)

Witnesses:                         John Taylor, Margret Scalles (7) and Richd. Harrison (5)

Probate:                            28 October 1708

Notes:

1. Testator was the son of another Robert Scale of Dale Park in Hawkshead, by his wife Jennett;  he married Agnes Mackreth (d 1687) who gave him two sons (Richard and John) and five daughters (Margaret, Agnes, Elizabeth, Jane and Ellin); the surname is spelled Scale in the seventeenth century but Scales becomes more common as the eighteenth century progresses;

2. The name Rowlandson has variants Rownson and Rawlinson;

3. Testator’s Taylor grandchildren were the children of his daughter Ellin (d 1707) by Rowland Taylor of Whaitmoss;

4. Testator’s grandson Robert Scale (1686-1771) was the elder son of his second son John (1649-1700) by Margaret Taylor; he married Catherine Kilner (d 1776) and had two sons (John and Richard) and three daughters (Margaret, Mary and Elizabeth);

5. Richard Harrison (1676-1761) was testator’s grandson-in-law, husband of his granddaughter Agnes (1681-1763); in the will he is described as of Thirstone Waterhead, but in the bond or obligation as of Coniston Waterhead;  he was the son of Lancelot Harrison of Coniston Waterhead;

6. Lancellot Harrison (d 1709) was brother of Richard Harrison, both being sons of Lancelot Harrison (d 1694) of Waterhead; a Lancelot Harrison and a Richard Harrison, both of Waterhead, gave evidence in hearings on the compounding of Royalist estates by the Commonwealth, and are probably ancestors of this Lancellot and Richard;

7. Margret Scalles was probably testator’s daughter-in-law, relict of his son John (d 1700).

Source:

Lancashire Record Office, Preston, Wills proved in the Consistory Court of Chester, Archdeaconry of Richmond, Furness Deanery;  LDS FHL British Film 0098583

Text:

Cover:

Fournesse 28 Oct 1708

Testamentum Roberti Scale

Nuper de Thwaitehead in Furnesse Fells in parochia de Hawxhead, yeoman, defunctus

Will and Codicil Bd. Inv.

Will:

In the name of God, amen. The thirteenth day of June in the year of our Lord God one thousand seven hundred and seven, I, Robert Scale, elder, of Thwaytehead in Furness Fells within the parish of Hawkshead in the county palatine of Lancaster, yeoman, being aged and full of days, yet sound and perfect mind and memory, praised be God, do make and ordain this my last will and testament in manner and form following, that is to say,

First and principally I commend my soul to Almighty God trusting through the meritorious passion of Christ Jesus my advocate and redeemer to have pardon for all my sins, and my body I commit to the earth to be decently interred at the discretion of my friends and executors hereinafter named

And as for my temporal estate that Almighty God hath vouchsafed me, I dispose of the same as followeth, that is to say, I give to Margaret, my daughter, the wife of Robert Rowlandson, the sum of forty pounds of lawful money of England, and to William Rowlandson their son, five pounds in money

Item, I give to Elizabeth my daughter, the wife of Edward Taylor, eight pounds in money

Item, I give to Jane my daughter, the wife of Hugh Addison, twelve pounds in money to be paid them within or at the end of one year next after my decease

And it is my will and mind that the several legatees aforesaid shall upon receipt of their respective legacies give sufficient discharges to my executor hereinafter named for all claims and demands forth of my personal estate, otherwise my executor shall and may detain the legacy of anyone so refusing to give discharge as aforesaid

Item, I give to Rowland Taylor my grandson seventeen pounds in money to be set forth to interest by my supervisors hereinafter  named for his use till he attain the full age of twenty one years, and then to be paid to him with the product thereof, the reasonable costs and necessary expenses of my said trustees concerning their trouble therein to be allowed and deducted forth of the said money

Item, I give to Agnes Taylor his sister, my granddaughter, all my bedding

Item, I give to my trusty and well beloved friends Robert Scale, my grandson and Richard Harrison of Thirstone Waterhead, my kinsman, the whole sum of one hundred and fifty pounds current money in trust for the use of the said Agnes Taylor, Margaret Taylor and Jane Taylor, her sisters, my granddaughters, the daughters of Rowland Taylor of Thwaitemoss, my son-in-law, to be set forth at interest for the use of my said three granddaughters till they shall attain their several ages of twenty one years, and then distributed to and among them as my said supervisors shall in their discretion think fit, provided always, and it is my will and mind that my said supervisors, or any other they shall elect in their stead and place shall and may have power to give to any of the said three sisters any sum or sums of money to buy clothes or any other necessaries before they attain their several ages of twenty one years, and abate the same in their accounts

And it is my further will and mind that my said trustees or the survivor of them nominate and appoint and take to them or himself one other honest and substantial neighbour to take care the said sum of one hundred and fifty pounds be given and distributed to and among the said three sisters, either equally or as my said supervisors or any other person or persons hereafter to be named supervisor for that purpose shall think fit, always preferring such sister as shall live most virtuously and demean herself best

And if any of them depart this natural life before any distribution be made, then it is my will and mind that distributions of the said money and interest shall be made to the survivors, as my said supervisors shall think fit and not otherwise

Item, I give to the said Richard Harrison ten pounds in money in lieu of the five pounds I promised him before his intermarriage with Agnes Scale my granddaughter

Item, I give unto Robert Scale of Thwaytehead aforesaid, my grandson all the residue of my goods, credits and chattels, and I appoint the said Robert Scale my grandson my sole executor, and I appoint the said Robert Scale and Richard Harrison supervisors of this my last will and testament as I repose trust in them to take care of this my will be duly performed as near to my intent as they can

In witness whereof I, the said Robert Scale, the testator have hereunto set my hand and seal the day and year first above written // Robert Scale, elder, mark //

Signed, sealed, published and declared to be the last will and testament of the within named Robert Scale, the testator, in the presence of us and then witnesses in the presence of the said testator by us // Lancellot Harrison // John Fell // Will. Sawrey //

Be it known to all men by these presents that, whereas I, Robert Scales, elder, of Whaitehead in Furness fells in the county palatine of Lancaster, yeoman, have made and declared my last will and testament in writing bearing date the thirteenth day of June in the year of our Lord God one thousand seven hundred and seven, I, the said Robert Scales elder by this present codicil, do ratify and confirm my said last will and testament and I give and bequeath unto my grandchildren, that is to say Robert Taylor of Thwaitemoss the sum of three pounds, and to Agnes Taylor of the said Thwaitemoss the sum of five pounds; children of Rowland Taylor of the said Thwaitemoss in Furness Fells aforesaid, of good and lawful money of England, to be paid unto them, the said Robert Taylor and Agnes Taylor, by my executor out of my personal estate

And my will and meaning is that this codicil or schedule be adjudged to be part and parcel of my said last will and testament, and that all things herein mentioned and contained be faithfully and truly performed, and as fully and amply in every respect as if the same were set down in my said last will and testament

Witness my hand and seal the seventeenth day of January in the year of our Lord God one thousand seven hundred and seven // the mark of Robert Scales //

Sealed, signed, published and declared as part of my last will and testament in the presence of // the mark of John Taylor // Margret Scalles // Richd. Harrison //

Bond:

The first part of the bond is In Latin, naming Robert Scale of Thwaitehead, yeoman, and Richard Harrison of Coniston Waterhead, yeoman, both in the county of Lancaster, as bondsmen, for £1000.  It is dated 28 October 1708.  The rest in English, as follows:

 The condition of this obligation is such that if the above bounden do truly execute the last will and codicil thereunto annexed of Robert Scale late of Thwaite in Furness Fells within the Archdeaconry of Richmond, deceased, in paying all his debts and legacies so far as his goods will extend and law shall bind him and also he do exhibit into the registry of the said Archdeaconry a true inventory of the deceased’s goods and personal estate and give the court a true account thereof when he shall be thereto lawfully called, and lastly do keep indemnified the above said Lord Bishop and all his officers for and concerning the premises, that then this obligation be void, or else in force.

// Robert Scales // Richard Harrison //

Signed and delivered in the presence of // Marma. Lambert //

Inventory:

No inventory was microfilmed.