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Will of Thomas FARMOR of Somerton Will 15 Jun 1580   Probate 13 Aug 1580
Source: TNA no. PROB11/62 Contributed by: Grantley Hutchens Go to Translation Go to Transcript
Summary.
... I Thomas Farmor of Sommertonne Esq ... whole of body ... Name Relationship [Comments] or Major Bequests Thomas FARMOR   Somerton Bridgette FARMOR Wife Deceased Richard FARMOR Son (Exec) [under 21] Mary FARMOR Daughter [under 21] Nicholas FARMOR Nephew (Exec) Jerome FARMOR Brother William FARMER Uncle Somerton William TURNOR Legatee Servant Somerton [see Note] James ALLWOODE Legatee Servant John BULLEYNE Legatee Servant Hardwick Ardley [see Notes] Joyce BULLEYNE Legatee [w John] William MERCER Legatee Servant (Exec) Godington [see Note] John YATES Legatee Witness Godington: Anthony YATES Mention [father of John] Francis CAPPER Legatee Servant Trustee [also "apprentice" & see Note] Richard JACKESON Legatee Servant Trustee [also "apprentice" & see Note] George SHORLEYE Cousin (Exec) Bennett WINCHECOMBE Cousin (Exec) James SMITHE Legatee Servant (Exec) [see Note] William KENESTON Legatee Tenant Somerton George MERCER Tenant David Ap CADWALIDER Tenant Sir Richard KNIGHTLEYE Brother-in-law Overseer Sir Thomas LUCYE Kinsman Overseer Richard FYNES Overseer George FARMOR Overseer Ferdinando PULTON Overseer [probably his attorney] Mr EDWARDS Witness [physician] John STUTTESBURYE Witness John MICHELL Witness Somerton parson John BIRTWISSELL Witness Probate 13 Aug 1580 London (PCC) ...
Transcriber's and Editor's Notes
Not basically a complicated will, but he seems to have owned most of the Midlands and it is long and very verbose. He calls various people "servants", but they seem to be much more than the usual house-servants. Perhaps they were tenants, owing him some kind of feudal "service". The scribe sprinkles commas around quite randomly -- they should probably be mostly ignored. Hardwick and Ardley are now two villages, about two miles apart, a few miles north of Bicester. The following details are believed to be true but should not be totally relied upon: Testator: Son of Richard (1551/52 qv); Grandson of Thomas RICARDIS alias FERMER (1485 qv) & Emott FERMER (1501 qv)
Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary
... I Thomas Farmor of Sommertonne Esq ... whole of body ... My body is to be buried in the church of Somerton as near as possible to that of my late wife Bridgette. Within three years after my death my Executors are to erect a suitable alabaster tomb over our bodies, and I give £40 to be spent on it. I give 20s to the poorest people of the town and parish of Somerton (and 20s towards the repairs of Somerton church); £4 to those of SAL Bridgnorth; 20s to those of SAL Astley (and 10s towards the repairs of Astley church); 20s to those of NTH Wappenham and 20s to those of Chinnor. All those legacies are to be paid at the first Audit to be held at Somerton after my decease and distributed by my Executors, or by such other as they may appoint. I give to my servant William Turnor the messuage in Somerton where he now lives, with all its lands, meadows, pastures, feedings, commons etc that are now in his tenure, for life, he paying no rent etc to my Executors. But he is to pay all other rents, duties etc due for the premises to any other person(s), maintain and repair [the property], and at his death pay a heriot according to the Custom of the Manor of Somerton. I give a 40s pa life annuity to my servant James Allwoode, paid out of my Manor and all my lands, tenements etc in Hardwick Ardley (see Note), in consideration of his good and faithful service to me. I also ask that during his life he will serve and attend upon my son Richard Farmor, doing his utmost to see that my son is virtuously brought up and instructed in the fear and service of god, in good learning, and in all honest qualities decent for a gentleman. In consideration of his doing so, I give him another annuity of £4 pa, paid as above, for as long as he serves my son. The annuities are to be paid at Michaelmas and Lady Day by equal portions, beginning at the first such day after my decease. [Permission for distraint if payment is a month late.] I give a £10 pa life annuity to my well-beloved nephew Nicholas Farmor, [paid as for James Allwood and with the same rules for distraint]. But if and when he has acquired enough lands, tenements, annuities or fees, whether by descent, purchase, gift, grant, marriage or otherwise, to provide a clear income of £100 pa during his own or his wife's life, the £10 annuity is to cease. Re my chief Mansion House in Hardwick Ardley, now in the tenure of my servant John Bulleyne: I give [it] to John Bulleyne for life (and until the Michaelmas after his death), he paying the usual rent of £19 pa to my heirs or executors etc at Michaelmas and Lady Day by equal portions, or within 14 days after. I also give him all my houses, edifices, buildings, courts, yards, gardens, orchards, lands, meadows, feedings, closes, pastures, warrens, coneys, ponds, pools etc etc in Hardwick Ardley, now or recently also in his tenure (except the woods and underwoods on the premises and the two tenements in the tenure of George Mercer and David Ap Cadwalider). At his own cost (great timber only excepted) he is to maintain and repair all houses, edifices and buildings as necessary, maintain all quickset [hedges] and other mounds and fences, and scour, cleanse and preserve all ponds, pools, gutters and ditches on the premises. At the Michaelmas after his death his wife Joyce Bulleyne is to have [all the above] while she remains unmarried (and until the Michaelmas after her death or re-marriage), she paying the rent and maintaining [everything] as above. At the Michaelmas after the death of John Bulleyne and the death or re-marriage of Joyce, my nephew Nicholas Farmor is to have [all the above] for as long as he will most usually live in the Mansion House, occupying it himself and letting out no part of it without the permission of my heirs, Executors etc, paying the £19 pa rent and maintaining [everything] as above. Any great timber needed for repairs is to be delivered by my heirs or Executors to John Bulleyne, Joyce Bulleyne or Nicholas Farmor as and when required. I give to my servant William Mercer the messuage in Godington where he now lives, with all its lands, meadows, pastures, feedings, commons etc, for a term of 21 years after my death, he paying no rent etc to my Executors during his life. After his death, his Executors etc are to pay the old and accustomed rent to my heirs or Executors. He is also to have all those pieces of arable land, meadows, pastures, commons etc which I have recently let to him, formerly part of the demesnes of my farm in Godington, for life, he paying to my heirs or Executors the same rent as he now pays to me. Re my messuage in Godington, now in the tenure of John Yates of Godington: I give [it] to John Yates during the life of his father Anthony Yates (if he lives so long), he paying the usual rent of £9 pa to my heirs or executors etc at Michaelmas and Lady Day by equal portions, or within 14 days after. I also give him all its houses, edifices, buildings, courts, yards, gardens, orchards, lands, meadows, pastures, feedings, closes, commons etc, now also in his tenure. He is to maintain and repair all houses, buildings, quickset [hedges], mounds, fences, and ditches on the premises (great timber only excepted). Any great timber needed for repairs is to be delivered to him by my heirs or Executors as and when required. Re my daughter Mary Farmor: I give her £600, to be paid within two months after age 20 or earlier marriage. If she marries with the full written consent of my Executors and Overseers (or the majority of them then living) I give her a further £500, to be paid within six months after her marriage, also my second gold chain, my best bracelets, one of my two diamonds (at her choice), her mother's book of gold, a flaggon chain made for a girdle, two borders of goldsmith's work, her mother's pearls and her mother's ring with the best turquoise, all to be delivered at her marriage, or soon after. If she dies before age 20 or marriage, so not receiving the £1100 and jewels, or if she marries without the written consent of my Executors and Overseers, so forfeiting the £500 and jewels, I give the money, jewels etc which are not payable because of her death or disobedience to my son Richard Farmor, to be delivered within two months after he reaches age 21. If Richard dies before 21, I give [it] to my nephew Nicholas Farmor if he is then living, to be paid within three months. At the next Audit held after my death my Executors are to raise the £1100 and lend it equally between my friends and servants Francis Capper and Richard Jackeson ... [In effect he sets up a rather complicated Trust, lending the money on successive 3-year terms -- those interested should examine the full Transcript below.] ... all the money to be repaid by the time that it becomes payable to Mary, Richard or Nicholas. [He is also giving his friends Capper and Jackson the interest on the £1100, as a legacy.] I am unwilling that Mary should have to spend any of her portion for her ordinary maintenance, so my Executors are to take from Frances Capper and Richard Jackeson as much of the annual income of the loan as will maintain her with meat, drink and apparel suitable for her degree, to a maximum of 5 marks pa per £100 of the income, the less the better. But if my Executors can by any means buy or obtain the Wardship of my son Richard [there is more about this below], thereby being forced to lay out more money than can be quickly raised (after deducting Mary's £1100), they are to use as much as necessary of the £1100, replacing it later out of the rents etc of my lands and leases. I earnestly request my well-beloved cousin George Shorleye Esq to take Mary into his custody and do his utmost to see her brought up in the honour, fear and service of god, then given in marriage to a man also so inclined, suitable to her age and estate. Re my other lands and tenements: I give my Manor of Fritwell and all my lands, tenements etc in Fritwell, also my Manor of Gannow and all my lands, tenements etc in WOR Gannow, being the full third part of all my Manors, lands, tenements etc in England, to my son Richard Farmor and the lawful heirs of his body. If Richard dies without lawful issue, I give the Manor of Fritwell and all [my other property] in Fritwell, to my daughter Mary Farmor and the lawful heirs of her body. In default of such issue, the remainder goes to my brother Jerome Farmor, according to the gift of my Uncle William Farmer of Somerton. If Richard dies without lawful issue, I give the Manor of Gannow and all [my other property] in Gannow, to my nephew Nicholas Farmer and the lawful heirs of his body. In default of such issue, I give the Manor of Gannow and all the other premises in Gannow to my own right heirs forever. Re all my unbequeathed Manors, lands, tenements, meadows, feedings, pastures, woods and underwoods, Advowsons of churches, rents, reversions, services etc in Somerton, Hardwick Ardley, Godington, Clanfield and Woodstock in OXF or BKM, also in LEI Normanton and BRK Eaton [and any other property in England] except the Castle yard in Somerton and the Chapel standing in it, given (below) to other uses. I give them to my Executors for a 16-year term after my death, so that with the profits etc they can perform this will. At the end of 16 years I give [all of it] (except as above) to my son Richard Farmor and the lawful heirs of his body. If Richard dies without lawful issue of his body I give [all of it] (except as above) to my daughter Mary Farmor and the lawful heirs of her body. In default of such issue, I give [all of it] (except as above) to my nephew Nicholas Farmor and the lawful heirs of his body. In default of such issue, I give [all of it] (except as above) to my own right heirs forever. Re the Wardship of my son: Some of my lands may be held from the Queen directly or by knight's service, or from some other Lord by knight's service, whereby the Queen or the other Lord may be entitled to the Wardship of my son. If that is the case, my Executors are to buy his Wardship if possible at any reasonable cost, using the profits of my lands and leases, or temporarily using part of my daughter's portion as above. They are to release him from his wardship at age 21 or earlier, charging him no more than their own expenses. Any money laid out by my Executors is to be repaid to them, even if my son dies during his minority, my intention being that they buy his Wardship if possible and neither gain nor lose by it. If the Wardship is so obtained my desire is to have my son and daughter brought up together, and that my good cousin George Shorley will take my son and take care of both of his education and marriage, as I have requested for my daughter. I give the use of my pastures at NTH Walton to my Executors for a 16-year term after my death, with all their stock of sheep and other cattle, for the following purposes: With the profits etc they are to pay the annual rent to the owner of the grounds and discharge any other rents etc. They are to use the residue of the profits to the performance of this will. They are to keep the pastures stocked with the cattle which I leave there, or with their offspring. They are to let the ground with the stock to some good tenant at a reasonable rent to make the best profit. At the end of the 16 years they are to deliver the pastures and stock to my son Richard, or if he dies to my daughter Mary, and if she dies, to my own right heirs. I appoint as Executors my loving kinsman and friend George Shorley, my son Richard Farmor, my cousins Nicholas Farmor and Bennett Winchecombe and my servants William Mercer and James Smithe. "... Assuredlye hopinge that as I have chosen theme forth of all the kynnesmen and freends I have lyvinge, and am contente to Committe unto theire Custodie and direction my Children, my howse, my landes, my leases, my goods, Cattells, and all other earthlie things whiche god hath lente me the use of, so theie and everie of theyme will vouchsafe to take uppon theime the care and Chardge thereof, and will in suche sorte doe theire indevor in the perfourminge of this my will in the bringinge upp and bestowinge of my Children, and employinge of theire lyvinge and porcions, that not onelie my saide Children, tastinge the Comforte of my choyce, But all others knowinge thereof, maie iustlie testifie that my said Executours are as honeste in perfourminge as I happye in choosinge, and theie as faithfull to execute as I am readye to repose a truste in theyme ..." [See what I mean about verbosity ...?] ==================================== [It is absolutely NOT essential to struggle through the following exercise in micro-management.] Until this will has been fully performed, or at least until my son's and daughter's legacies have been paid, my Executors are take an annual Audit (between 1st Oct and 20th Dec as they think best) at my Somerton house. At that Audit: All bailiffs, receivers, farmers, tenants, accountants, debtors, or any others who are to account for or pay any money to my son, daughter, or Executors, are to come and make their account to my Executors, and make payments then or at such other days and times as the money is due. My Executors are arrange for the maintenance and repair of my dwelling-house and all the barns, stables and other edifices, buildings, walls, gardens, orchards, courts, yards and the Park, now in my own occupation, as required. My servant James Smythe is to have charge of the house, courts, yards, gardens, orchards and Park, and of all the stuff that my Executors may leave in or about that house, during the minority of my heir, having the rent of the house where he now lives for his trouble. If he dies during that period, or does not do his duty in the preservation of my house, ground and household stuff, my Executors are either to keep the house and other premises in their own hands, unlet, or else to let out some or all of it to one of themselves or to some trusty friend of theirs by the year, or for a short term of years. I entreat my Executors that annually at the Audit they will read over the details of such leases as I have made to anyone, and as others have made to me, ensuring that all rents, duties, services, customs, grants, covenants and agreements as I have granted, covenanted, or stand bound by law to do or pay to anyone may be correctly paid or performed, so that none of my leases may be in danger of forfeiture or encumbered with distress, nor that my Executors, son, or others to whom I have given the leases may be molested, vexed or sued for want of payment. My Executors are to make diligent enquiry at the Audit, and check at other times, as to how my lessees, farmers, and tenants are keeping their messuages etc in repair, how they pay their rents, maintain their customs, do their services and observe such covenants etc as under their leases they are bound to me to do. They are to arrange for Courts to be kept as often as necessary, and to seek redress by entreaty, threats or extremity of law as the seriousness and continuance of each offence requires. It is my intention that my jewels, plate, household stuff, bedding and other furniture, utensils of house and other things which I give to my son and daughter, and which at the time of my death are in or about my houses or yards, are to remain in my house at Somerton and in the houses and yards now in my own occupation (except those things which will greatly decay during my children's minorities, or if there may be danger in keeping them there). My Executors are yearly at their Audit to check the jewels, plate, household stuff etc, providing for their safe-keeping and repair when necessary. As soon as possible after my death my Executors are to provide (at my expense) six fair and large paper books, in each of which is to be written by my now apprentice Francis Capper if he is living, and in his absence by my apprentice Richard Jackeson, or if both are dead or absent by some person hired yearly for 20s at my expense, the following information: A true copy of this will. A perfect Rental of all my lands, tenements etc and of all my leases. A true Inventory of all such jewels, plate, money, bedding, napery, brass, pewter, utensils of house, horses, beasts, sheep, and other goods and cattle which I have at my death, and of all debts due to me or owed by me. Annually in each of the six books my Executors are particularly to have written the whole contents and effect of their Audit, that is how much money they receive, from whom and why, and what they disburse, to whom, and why. Each of my five Executors is have one of the six books in his own custody, and the sixth is to remain in my house at Somerton in the custody of James Smythe for the use of my heir, so that by knowing what I leave and what is spent he may call for what remains. At the end of each Audit each Executor is to sign his name to the foot of their account in each books. I give £5 (over and above his other charges) to each Executor who comes to the Audit, hearing and taking the account and signing each book, all to be defrayed at my sole expense. If any Executor does not come to the Audit, or does not hear and take the account and sign each book, then that year he is to have nothing. If any of my Executors die before my will has been fully performed, and have at that time any of my jewels, money, goods, cattle or other things in their hands, then at the next Audit after their death(s) their Executors or Administrators are to deliver them to my surviving Executors, taking a receipt from them. =================================== Re some properties temporarily given (above) to various people: I have devised my demesnes with certain pastures, meadows, commons etc in Somerton to William Keneston and James Smithe. I have granted certain pastures, closes, meadows, feedings etc in Godington to John Yates and William Mercer. I have leased certain meadows, pastures, feedings etc in BRK Eaton to James Smythe and William Mearcer for the remaining term of years. If any of my sheep remain on any of those grounds at my death, my Executors are to sell them for the best value to the relevant farmers, if they ask for them. The farmers must also enter into obligations (with adequate sureties) to pay to my Executors the full value of those cattle within the following three years -- upon receipt of the money my Executors (at their discretion) are to lend it again to the same persons on the same security year by year for as long as they live and enjoy the pieces of ground which I have demised to them. My desire is that all the above grounds may be delivered to my son Richarde at age 21, well stocked with the same breed of sheep as I leave, or with their offspring, or with others equally good, as many other cattle of as good value as I leave them. I give to George Shorleye, Nicholas Farmor, Bennette Winchecombe, William Mercer and James Smithe, and their heirs forever, the Castle yard in Somerton and the Chapel standing in it which were excepted above, (excluding the Water Mill). Out of the rents etc of my lands and leases they are to purchase a good freehold estate of lands, tenements or rents, sufficient to bring in £10 pa after all charges. They are to erect a Common School in the Chapel, for the instruction and bringing up of children in virtue and learning. The £10 pa is to be paid to a Schoolmaster and his successors annually forever, to teach there. [About 25 long lines re the erection of a School-house, authorities to be consulted, the replacement of School-masters etc ... those interested should view the Transcript below.] I give the residue of my jewels, plate, ready money, bedding, napery, brass, pewter, household stuff and utensils of household, horses, mares, beasts, sheep, leases, debts, goods and chattels both real and personal to my son Richard Farmor, all to remain in the custody or direction of my Executors until reaches age 21, then to be delivered to him. I also give him all the residue of the rents, revenues and profits of my lands, tenements etc and all my leases, which I have above given to my Executors, besides those which they are to employ in the performance of my will. My Executors are to make a full account of the jewels, plate, goods, chattels, rents, revenues, profits etc to my son when he requires it (after he has reached 21), and immediately deliver the goods and pay the money which remains in their hands. If my son dies before 21 I give [all of it] to my daughter Mary at age 21 or earlier marriage. If both Richard and Mary die before inheriting, I give [all of it] to my nephew Nicholas Farmor, to be delivered as soon as possible. I request my loving brother-in-law Sir Richard Knightleye, knight, my well-beloved kinsman Sir Thomas Lucye, knight, and Richarde Fynes, George Farmor and Ferdinando Pulton Esquires to be overseers and to assist my Executors to the utmost of their power to obtain the Wardship of my son, in the erection of my School, and otherwise if they need or ask for help. I also earnestly ask that they will give to my two orphans their counsel and assistance in all their honest and reasonable needs, and I give them £5 each for their pains and in token of good will, to be paid at the first Audit after my death. I give £10 pa plus his charges to Ferdinando Pulton in consideration of his coming yearly to the Audit and assisting my Executors, to be paid at every Audit which he attends, and not when he doesn't. I revoke all other wills. Witnesses Ferdinando Pulton, writer; Mr Edwards, physician; John Stuttesburye, gentleman; John Michell, parson of Somerton; Richard Jackeson; John Yates; John Birtwissell and others. Probate 13 Aug 1580 London (PCC) ...
As transcribed from a copy of the original document. Original line- and page-breaks are preserved as far as possible.
In the name of god amen The xvth daie of June in the yeare of oure Lorde god 1580, and in the xxij yeare of the reigne of oure sovereigne Ladye Queene Elizabethe. I Thomas ffarmor of Sommertonne in the Countie of Oxforde Esquier beinge whole of body and of good minde, and perfecte remembraunce (thancks be to god, Doe ordaine and make this my laste will and Testamente in mann’ and fourme followinge. ffirste I bequeathe my sowle unto allmightie god my Creator and Redemer stedfastlye hopinge, and firmelye belevinge by the merritts of Christs deathe to enioie the heavenlye kingedome prepared for me, and all trewe belevers, And I will that my bodye shalbe buried in the Churche of Sommertonne aforesaide, as neere unto the body of Bridgette my late wyffe, as it convenientlie maie be, where I will my Executors shall within three yeres after my Death Cawse to be erected suche a Tombe of Alabaster, whiche shalbe sette over the bodyes of me and my saide wieff, as theie shall thincke conveinente, And I geve to be bestowed uppon the saide Tombe ffourtie poundes, And I geve towardes the Reperacions of thee saide Churche of Sommertonne xx s. And to the pooreste people inhabitinge within the towne and p’rishe of Sommerton aforesaide, Other xx s, Also I geve to the pooreste people Dwellinge or resiant within the Towne of Bridgenorthe in the Countie of Salopp the somme of ffower poundes, And to the pooreste people Inhabitinge in Astleye in the same Countie of Salopp xx s, and towardes the Reperacions of thee Churche of Astleye aforesayde x s, Also I geve to the poorest people dwellinge in the p’rishe of Wapenham in the Countie of Northampton xx s, And to the pooreste people inhabitings in Chinnor in the Countie of Oxforde other xx s, All whiche sommes of monneye before bequeathed, my will is shalbe paide and delyvered by my Executors at the Awdytte whiche shalbe kepte at Sommertonne nexte after my deceasse, and shall bee distributed amongeste the poore people, and other personnes aforesaide by myne Executors, or suche other as theie will appointe, Also I geve and bequeathe to Wiilliam Turnor my Servaunte, one Messuage or Tenemente in Sommertonne aforesaide wherein he nowe dwellethe withe all Landes, meadowes, pastures feedings, Commons and other Commodities belonginge to the same, or withe the same nowe occupied and used whiche nowe be in the Tenure and occupacion of the saide William, To have and to houlde to the saide William from the Daie of my Deathe for and Duringe the naturall lyffe of the saide William withoute any Rente or other Consideracion therefore, to be payde by the saide William to myne heires Executors or Assignes, But that onely the saide William, or his Assignes shall paie and discharge all other Rents, Dueties and Demaundes as well ordinarie as extraordinarye to be due yssuinge or goinge forthe of the premisses to any other personne or personnes, And also shall maintaine uphoulde and repaire the saide Messuage or Tenemente, And all Buyldings thereunto belonginge withe all manner of necessaries reperacion and at his deathe to paie a heryott accordinge to the Custome of the Mannor of Sommerton. Moreover I geve and bequeathe to James Allwoode my Servaunte one Annuytie or yerelye Rente of ffortie shillings to be issuinge and goinge forth of my Mannor, And all those my landes Tenements and hereditaments lyinge and beinge in Hardwicke Ardeleye in the Countie of Oxforde, To have houlde receyve and enioye the sayde Annuytie or yerely Rente of xl s, to the same James Allwoode and his Assignes for and duringe his naturall lyffe for and in considerac'on of his good and faithefull s'vice to me heretofore donne. And further my will and requeste is that the same James Aldwood shall duringe his lyfe serve and attende uppon my sonne Richarde ffarmor, and that hee shall doe his uttermoste indevor that my saide sonne maie be vertuouslye and godlye broughte uppe and instructed in the feare and S'vice of god, in good learninge, and all honneste qualityes decente for a gentleman, And in consideracion of his service and paines so to be taken I doe geve and bequeathe to the saide James Allwood and his assignes one other Annuitie or yerelie Rente of ffower Poundes to be issuinge and goinge forthe of my saide Mannor, and other my landes in Hardwicke Ardeley aforesayde. To have and houlde the sayde Annuytie or yerelie Rente of iiij li unto the saide James and his Assignes for and duringe so longe tyme and so many yeres as he the saide James shall serve and attende uppon my saide sonne Rycharde, Whiche severall Annuities or yerelie Rents of xl s and iiij li my will is shalbe paide unto the same James Alwoodd or his Assignes for and duringe the severall __mes above specified at the ffeasts of Saincte Michaell Tharchaungell, and the Annu’ciation of oure Ladye by even porc'ons Whereof the firste paymente shall begynne at the ffirste of the foresaide ffeasts whiche shall chaunce nexte and ymmediatlye after my decease, And if it shall fortune the sayde Annuities or yerelye Rents of xl s and iiij li or anye of theime or anye parte or percell of anye of theme to be behinde unpayde at any of the ffeasts aforesaide, in w’ch the same oughte to be paide, and by the space of one Monneth after, than my will is that it shall and maie bee lawfull to and for the saide James and his Assignes into the saide Mannor and other my landes and Tenements in Hardwick Ardeley aforesaide, to enter and distreine, And the distresse or distresss than and there so taken, to leade, dryve, carrye awaye, ympounde, and withoulde untill he or theie be of the saide severall Rentes, or Annuytyes, and of the arrerags thereof, if any be fully satisfied contented and payde, Also I geve & bequeath unto my welbeloved Nephewe Nicholas ffarmor, One Annuytye or yerelie Rente of Tenne Poundes to be yssuinge and goinge forthe of my sayde mannor, and other my landes Tenementes and hereditaments in Hardwick Ardeley aforesaide, To have houlde receyve and enioie the sayde An’uitie or yerelie Rente of x li unto the saide Nicholas ffarmer and his Assignes for and duringe his naturall lyfe, whiche Rente my will is shalbe payde unto the saide Nicholas or his Assignes at the Two moste usuall ffeasts or tearmes of payemente of the yere, that is to saye, at the ffeasts of Sainct Michaell Tharcha'ngell And the Anunci= acion of oure Ladye by even porcions, Whereof the ffirste payemente shall begynne at the ffirste of the foresaide ffeasts whiche shall Chaunce nexte and ymmedyatlie after my deathe And if it shall fortune the saide Annuitie or yerelie Rente of x li or any parte or percell thereof to be behinde unpaide at anye of the ffeasts aforesaide in whiche the same oughte to be payde and by the space of one Monneth after, Than I will and graunte that it shall and maye be lawfull to and for the saide Nicholas ffarmor and his assignes, into the mannor of Hardwicke Ardeleye, and into all other the p’misses to enter & distreyne and the distresse or distresss then and there so taken to leade, dryve, carye awaye, ympounde and w’tholde, untyll hee or theie be of the saide Rente of x li, and of the Arrerages thereof (if anye be) fully satisfyed, Contented and paide. Provided Nevertherles and my will is, that when my saide Nephewe Nicholas ffarmor shalbe advaunced, or attaine unto by discente, purchaze, gifte, graunte marriage, or other wyse so muche landes Tenements hereditaments, annuyties, or ffees as shall amounte to the clere valewe of One hundred poundes by yeare Duringe his owne or his wyves lieff That then and from the tyme of suche attainemente or advauncemente, the foresaide Annuytie or yerelie Rente of x li to him before by theise presents geven and bequeathed shall cease and determyne and never after be payde, Any thinge in theise presents conteyned to the Contrarie notwith standinge And further I will and bequeathe unto John Bulleyne my servaunte All that my cheif Mansion howsse Messuage or Tenemente scituate lyinge and beinge in Hardwick Ardley aforesaide, nowe in the Tenure of the saide John Bulleyne And also all my Howsses Edifices, buyldings Courtes yardes, gardeines, Orchardes landes, meadowes, ffeedings Closes, Pastures, warrens, Coneyes, pondes, Pooles, and all other, Commodities, emoluments and proffittes whatsoever in Hardwick Ardeleye aforesayde whiche nowe be or late weare in the Tenure & occupacion of the same John Bulleyne or his Assignes (the wooddes and underwooddes nowe standinge and being or hereafter to be standinge and growinge uppon any parte of the premisses, And also the Two tenem’ts in the Tenure of George Mearcer, and David Apcadwalider onelye excepte), To have and houlde the saide Mansion howsse, Landes Tenementes and all other the premisss withe theire Appurtenaunces whatsoever (excepte before excepted) unto the saide John Bulleyne and his assignes for and duringe the naturall lyffe of the saide John, and for and untill the ffeaste of Saincte Michaell Tharchaungell whiche shall chaunce nexte and immediatelie after the daie of the deathe of the saide John, The saide John and his Assignes yeldinge and payinge therefore yerelie Duringe the saide tearme to myne heires executors or Assignes the usuall and accustomed rente, that is to saie, ninetene poundes of lawfull Englishe money at the ffeaste of Saincte Michaell the Archaungell, And the Annu’ciation of oure Ladye by even porcions, or within xiiij daies nexte after ether of the saide ffeasts, And also the sayde John and his Assignes shall at his and theire owne Costs, and Chargs, mainteyne uphoulde, and repayre all howss Edifices and buildings standinge and beinge uppon the p’misses withe all manner of Reperacions necessarye (greate Tymber onelye excepte) And shall maintaine all quickesetts and other moundes and fences, and shall scowre clense and preserve all pondes, pooles, gutters and ditches beinge withein anye parte of the before demysed premisses. And after the deathe of the saide John Bulleyne and the sayde ffeaste of St Michaell, Then my will is that Joyce Bulleyne nowe wyfe of the saide John and her Assignes shall have houlde and enioye the saide mansion howsse Landes Tenements meadowes feedings Pastures, and all other the premisss withe theire appurtenancs in Hardwyck Ardeley aforesayde (excepte before excepted) for and duringe so longe tyme as she the sayde Joyce shall remayne sole and unmaryed, and untill the ffeaste of Saincte Michaell Tharchaungell whiche shall Come nexte and ymmediatelye after the daie of the deathe or marriage of the sayde Joyce Bulleyne, The saide Joyce and her Assignees yealdinge and payinge therefore yerelie duri’g the foresayde tearme unto my heyres Executors or assignes the Rente above reserved at the ffeasts and daies before lymyted, and also mainteyninge and preservinge the howses buyldings, quickesetts ponds pooles and other things before rehearsed (excepte before excepted) in manner and forme, and in suche sorte as is before appointed and declared that the sayde John Bulleyn and his Assignes shall paie, mainteyne and doe, And after the deathe of the sayde John Bulleyne, and the deathe or mariage of the sayde Joyce, and the ffeaste of Sainte Michaell Tharchaungell whiche shall firste chaunce nexte after the deathe of the Survivor of the saide John and Joyce, or the marriage of the saide Joyce, Then my will is that the foresayde Nycholas ffarmor my Nephewe and his Assignes shall have houlde hand enioye the foresayde mansyon howsse Messuage or Tenemente, and all the foresayde Landes Tenementes, meadowes, feedings, pastures, Closes, and all other the premisss above specifyed withe theire Appurtenauncs in Hardwick Ardeleye aforesaide (excepte before excepted) for and duringe so longe tyme, and so many yeres, as he the sayde Nicholas shall lyve and shall Inhabyte, and moste Commonlye dwell, in, at, or uppon the sayde Mansyon howsse Messuage or Teneme’t and shall occupye the same in his owne his owne handes, and lette forthe no p’cell thereof withoute the license of my heires Executors or Assignes, and shall paye the foresaide Rente of xix li yearelye at the daies and tymes before lymyted to my heires Executors or assignes, and shall mainteyne and keepe the howsses buyldings and edifices standinge and beinge uppon the premisses withe conveniente and necessarye Reperacions (greate tymber onelie excepte) whiche greate tymber my will is shalbe Delyvered by my heires Executors or assignes to the saide John Bulleyne, Joyce Bulleyn, Nycholas ffarmor, and theire assignes for and towardes the Rep’acions of the saide mansion howse and other buyldings there unto annexed, or belonginge at all and everie tyme and tymes when the same shalbe needefull, and required. Item I will that William Mercer my s'vaunte shall have all that messuage or Tenemente in Godington withein the Countie of Oxford, nowe in his tenure and occupacion, And all Landes meadowes pastures Commons feedings and other Commodytyes to the same messuage belonginge or apperteyninge for the tearme of xxj yeres nexte after my deathe, Yealdinge and payinge nothinge there= fore duringe the naturall lyffe of the sayde William, And after the deathe of the saide William, my will is that the Executors or assignes of the saide William shall paie to myne heires Executoures, or Assignes the olde and accustomed Rente. And further my will is that the saide William Mearcer shall have all those peces and percells of arrable lande, meadowes, pastures, Commons and other Commodyties whiche I have of late lette unto him that weare sometyme accompted percell of thee demeanesnes of my ffarme in Godington for and duringe his naturall lyfe, the saide William or his Assignes yealdinge and payinge therefore to my heires Executors or assignes suche & somuche Rente as hee dothe nowe paie to me for the same, And further I geve and bequeathe to John Yates of Goddington all that my Messuage or Tenemente in Goddington in the Countie of Oxforde, And all those my howses Edyfyces buyldings, Courtes Yardes, gardeynes orchards landes meadowes pastures feedings Closes Commons, and other Commodyties whatsoever to the saide Messuage or Ten’te belonginge or withe the same nowe occupyed, and demysed, whiche be in the Tenure and occupacion of the sayde John Yates or his Assignes, To have and holde the saide messuage or Tenemente and all other the premisss withe theire Appurtenanc's to the saide John Yates and his Assignes for and duringe the naturall lyfe of Anthonye Yates ffather of the saide John Yates (if the saide John Yates shall fortune so longe to lyve) The sayde John and his Assignes, Yealdinge and payinge therefore yearlie duringe the saide tearme unto my heires Executors or assignes nyne poundes of lawfull Englishe monneye at the ffeastes of Saincte michaell the Archaungell and the Annu’ciacion of o’r Lady by even porc'ons or within xiiij Daies nexte after either of the of the [sic] foresaide ffeastes, And if also the saide John or his Assignes keepinge maintayninge and preservinge all the howses, buyldings quickesetts, moundes, fences, and ditches standinge and beinge uppon any parte of the p’misses withe all reperacions necessarie and conveniente duringe the said tearme (greate tymber onelie excepte) Whiche my will is shalbe delyvered unto the saide John Yates or his assignes by my heyres Executors or assignes, when and as often as neede shall require, And I geve to Marye ffarmor my daughter Sixe hundred poundes of lawfull Englishe monney whiche I will that my Executoures shall paie to the saide Marye within Twoe Monnethes nexte after the solempnizacion of her marriage, or within Twoe Monnethes nexte after she shall accomplishe the age of Twentie yeres whiche shall firste happen, And if my saide daughter Marye shall marrie by the full Consente and good will of my Executours and Overseers or the greater nomber of theyme w’ch shalbe lyvinge at the tyme of her marriage, and that Consente be declared and published in wrytinge before the saide marriage under the handes and seales of the Executours and Overseers then lyvinge and consentinge, Then my will is that my saide Executors shall well and trewlie Contente and paie unto the saide Marie or her assignes ffyve hundrethe poundes more of lyke lawfull Englishe monneye, Over and above the sixe hundred poundes absolutelye bequeathed unto her before, And if the Condicion aforesaide be perfourmed, Then I will that the laste specified ffyve hundred poundes shalbe payde unto the sayde Marye w’thin sixe Monnethes nexte after the solempnizacion of her marriage, And if my saide daughter shall, and will marrye by the Consents of the saide Executors and Overseers, or the greater nomber of theyme then lyvinge, and that be declared by wrytinge in manner and fourme aforesaide, Then I geve to the saide Marye to be delyvered at the tyme of her marriage, or presentlie after, my secounde Chaine of golde my beste braceletts one of my twoe Diamonds, whiche shee will choose, the booke of golde whiche was her Mothers, a fflaggon Chaine made for a girdell, Twoe borders of goldesmithes worke, the pearles w’ch weare her Mothers, and a Ringe that was her Mothers, Wherin the beste Turkas is, And if it shall fortune my saide daughter Marye to dye before her marriage, or age of Twentie Yeres, whereby she is not to have the foresaide Legacies of Eleven hundred poundes, and the golde and Jewells to her bequeathed Or that my saide daughter Marye shall marrye before the Consents or & good wills of my Executors, and Overseers, or the greater nomber of theime firste had and obteyned in wrytinge under theire handes and seales whereby the laste specified Legacies of ffyve hundrethe Poundes, and the foresaide Chaines Braceletts Ringes and other Jewells to her Condicionallye bequeathed shall not be dewe payable or geven unto her, Then I doe geve and bequeathe the foresaide monneye, Rings, Jewells, and other things before specified w’ch be not payable unto my Daughter by meanes of her deathe, or by her disobedience in marriage contrarie to my will and direction to Richard ffarmor my sonne to be delyvered unto him by my Executors w’thin twoe Monnethes nexte after he shall accomplishe his full age of xxj yeares, And if my sonne Rycharde ffarmor die before he shall accomplishe the full age of xxj yeres, then I doe geve and bequeathe all the foresayde Monneye, Rings, Jewells and other things to my forenamed Nephewe Nicholas ffarmor if he be lyvinge at the tyme of the deathe of my saide Daughter and sonne, or at the tyme of the deathe of my saide sonne and the disobediente marriage of my saide Daughter whiche my will is shalbe payde and delyvered to the saide Nicholas within three Monnethes nexte after the same shalbe due unto him by force of this my bequeste, And my will is that my Executors, shall at the next Awdytte holden after my deathe, or assone as the same maie be convenientlye levied of my monneye, or debts, delyver, and lende unto ffraunces Capper, and Richarde Jackeson my s'vauntes, the foresaide Som’e of Eleven hundred poundes bequeathed unto my daughter Marye to be equally devided betwixte the saide ffraunces and Rich’d. So that the saide ffraunces and Richarde canne will and doe bringe in for everye Twoe hundred poundes, whiche he shall receyve of the saide Eleven hundred Poundes twoe sufficiente Suretyes, suche as my Executors will at their Charge and perrill allowe and answere for, whiche Suretyes withe the partie that shall receyve the saide money shalbe come bounde to my Executors in an Obligacion or Recognizaunce of ffower hundrethe pounds for the trewe paymente of the saide som’e of Twoe hundred pounds to my Executors at the ende of thre yeres nexte after the Receipte of the same, And so my will is that either of the saide ffraunces and Rycherd shall have somuche of the sayde somme of Eleven hundrethe poundes as theie Canne will, and doe putt in suche sufficiente Suretyes for as is aforesaide to myne Executors, And that alwaies uppon the paymente or satisfaction thereof, my Executors shall againe lende and redelyver the same money unto the saide ffraunces and Rycharde or the Survivor of theime uppon the Bandes of the same, or or other sufficient Surties in suche sorte as my Executors maie be assured to have all the saide monney well and trewlie paide unto theime at or somewhat before the daies and tymes when as the same shalbe dewe and payable to my said daught’ Marie, my sonne Richarde, or my Nephewe Nicholas by force of this my Testamente, And as I am desirous to gratifie my saide ffreendes and Servaunts ffraunces Capper and Rycharde Jackesonne withe the lone and use of my Daughters porcion, So I am unwillinge that my saide daughter shoulde spende and impaire anye parte of her porcion whiche I have bequeathed unto her for and aboute her necessarie and ordinarie maintenaunce and lyvelyhod And therefore my will is that my saide Executors shall take of the saide ffraunces and Richarde (or suche other as shall have the use of my saide daughters porcion) somuche yerelie Consideracion for the lone and forbearaunce thereof as shall finde and mainteyne my daughter withe sufficiente meate and drincke and apparrell conveniente for her degree So that theie doe not take of the saide ffraunces or Richarde or anye other personne above ffyve markes at the uttermoste for the forbearaunce of one hundreth poundes by the space of a yeare, and the lesse the better so that it will convenientlie mainteyne her. But if my Executors canne by anye meanes buye or obtaine the wardeshippe of my sonne Richard and thereby shalbe inforced to emploie and laie forthe a greater somme of monneye then (my daughter Maries foresayde porcion beinge deducted) theie shalbe at that tyme able to levye presentlie of my monneye debtes and Annuall revenewes, then my will is that my saide Executoures shall emploie and disburse somuche of the foresaide somme of Eleven hundreth poundes bequeathed to my saide Daughter, as shalbe needefull for the obteyninge of my saide sonnes wardeshippe, And then I will that theie shall leavye and make uppe the residewe of my saide Daughters porcion of the yssues Rentes and Revenewes of my landes and Leases, and so lende and delyver the same fourthe yearelie as it maie be raysed unto the saide ffraunces Capper and Richarde Jackeson uppon the Sureties and Bandes, and for the tyme before lymyted, And I doe earnestlie requeste my welbeloved Cozen George Shorleye Esquier, that hee will take into his Custodye and charge my saide Daughter Marye and doe his uttermoste endevor that she maie be broughte uppe in the honor, feare and service of god, and then bestowed in marriage to a man in like sorte enclyned, and somewhat agreeinge to her age and estate. And as Concerninge the disposicion of my Landes and Tenementes, I will, appoint and leave to discende unto Richarde ffarmor my sonne, All that my Mannor of ffritwell and all my Landes Tenementes and hereditaments withe theire appurtenauncs in ffritwell in the Countie of Oxforde, And also all that my Mannor of Ganho, and all my Landes Tenementes and hereditamentes withe theire appurtenaunces lyinge and being in Ganho in the Countie of Worcester, beinge the full third parte of all my Mannors, landes, Tenements and other hereditam’ts whiche I have within the Realme of Englande. To have and houlde the saide mannors Landes, Tenements and other the p’misses in ffritwell and Ganho aforesaide to my saide sonne Richarde ffarmor and the heires of his bodye law= fullye to be begotten, And for defaulte of suche yssue, I will that the saide Mannor of ffritwell, and all other my Landes Tenements and hereditaments in ffritwell shall remaine and Comme to Marye ffarmor my Daughter, and to the heires of her bodye lawfullye to be begotten, And for defaulte of such yssue, the Remaynder over to Jerome ffarmor my Brother accordinge to the gifte of my Unckle William ffarmer of Sommertonne. And further my will is that if it shall fortune my saide sonne Richarde to die withoute issue of his bodye lawfullye begotten, That then the foresaide mannor of Ganho, and all my landes Tenements and hereditamentes in Ganho shall remaine and Comme unto the foresaide Nicholas ffarmer my Nephewe, and to the heires of his bodye lawfullye begotten, And if it shall fortune the saide Nicholas ffarmor to die withoute issue of his bodye lawfullie begotten, Then I will that the saide Mannor of Ganho and all other the premisses in Ganhoe shall remain to the righte heires of me the saide Thomas ffarmor forever, And further I doe geve and bequeathe unto my Exe= cutors hereafter named, All those my mannors Landes Tenements meadowes feedings pastures woods, underwods Advowsons of Churches Rents, Revercions, S’vics, and all other my hereditaments whatsoever lyinge and beinge in Sommertonne Hardwick Ardeley, Godington Clanfeilde, and Woodstock in the Counties of Oxforde, and Buckingham, or in anye of theime, And in Normyngton in the Countie of Leicester. And in Eaton in the Countie of Bark, And also all other my Landes Tenementes and hereditaments whatsoever w’th theire Appurtenaunces scituate lyinge and beinge in the Counties of Oxforde Buckyngha’, Leicester Bark and Worcester, or els where within the Realme of Englande (The Landes before speciefied and bequeathed, and the Castell yarde in Sommertonne aforesaide, and the Chappell therein standinge hereafter geven to other uses onelie excepted) To have and houlde the foresaide Mannors Lands Tenements, and all other the p’misses (excepte before excepted) to my saide Executors for & duringe the full and whole terme of Sixtene yeares nexte and ymmediatlie ensuinge the daie of my deathe, To the intente that my saide Executors shall withe the issues and proffitts thereof performe this my laste will and Testamente, And after the saide tearme of xvj yeres expired, Then my will is that the same Mannors Landes Tenements, and all other the p’misses (excepte before excepted) shall remaine and Comme unto Richard ffarmor my sonne, and to the heires of his bodye law= fullye to be begotten, And if my saide sonne Richarde shall dye withoute issue of his bodye lawfully begotten, Then I will that the same mannors, landes, tenements and all other the premisses (excepte before excepted) shall remayne and comme to Marye ffarmor my Daughter, and to the heires of her bodye lawfullye to be begotten, And for defaulte of issue of the bodye of my saide Daughter Marye lawfullye begotten, Then I will that all the foresaide Mannors landes tenements, and other the premisses shall remaine and Comme to my saide Nephewe Nicholas ffarmor and to the heires of his bodye lawfullye begotten, And for defaulte of suche issue, then my will is that all the foresaide Mannors, landes, tenements, and all other the premisses shall remaine and Comme to unto the righte heires of me the saide Thomas ffarmor forever, And bicawse it maie be that somme of my landes be houlden of the Queenes Maiestie in Capite, or by knights service, or somme other Lorde by knights service, and by that meanes her highnes, or the other Lorde maie be intituled to the Wardshippe of my sonne, Therefore my will is if my saide sonne shall by due and lawfull meanes be proved Warde unto her grace, or anye other lorde, that my Execu= tors shall obtaine and buye his Wardshippe if convenientlie theie maie doe it withe anye reasonable Chargs And that theie shall assaie procure and obtaine the same Wardshippe, and doe all things thereunto tendinge or belonging at my chardgs and my adventure withe the issues and proffitts of my landes and leases, or withe employinge of somme parte of the monneys for a tyme whiche is provided for my Daughters porcion as is aforesaide, And that theie shall graunte or Release unto my saide sonne his wardshippe at his full age or before takinge nothinge more for the same of my saide sonne then the deduction, releasse or dischardge of somuche monney as theie shall disbursse, and emploie for and aboute the obteyninge thereof, All whiche monneye so to be emploied and layde fourthe by my Executoures aboute the saide Wardshippe, my will is shalbe deducted and allowed unto theime, thoughe it shoulde please god to call my sonne oute of this worlde at anye tyme duringe his minoritie, So that my meaninge is that my Executors shall buye my sonnes Wardeshippe if it be possible, and neither gayne, nor lose by it After whiche Wardshippe so obtained my desier is to have my sonne and daughter broughte upp togither, and that my good Cosen George Shorley will take my sonne, and make that care bothe of his education and marriage, whiche I have before requested of him for my Daughter, Moreover I geve and bequeathe unto my Executors the use and occupacion of my Pastures at Walton in the Countie of Northampton for and duringe the tearme of xvj yeres next and ymmediatlie ensuinge the daie of my deathe, together withe all my Stocke of sheepe and other Cattell whiche shall remaine uppon the same Pastures at the tyme of my deathe To thintente that theie shall withe the issues and proffitts of the same, paie the Rente yerelie due to the lorde or owner of the same groundes, and discharge all other Rents and duties ordinarie and extraordinarie issuinge and goinge forthe of the same pastures, and then emploie and bestowe all the Residue of the Revenewes and proffitts thereof to the perfourmaunce of this my Testamente. And my will is that my saide Executors shall keepe the same Pastures, stocked and stored withe the Cattell w’ch I shall leave uppon the same groundes, or withe the increase thereof, And the saide grounde withe the stocke to sette to some good Tennaunte for some reasonable Rente to make the beste proffitte of yt and keepinge the Stocke uppon yt. And in thende of theire tearme delyver the same pastures and stocks of Cattell to my sonne Richarde, And if he die then to my Daughter Marie, and if shee die, then to suche other personne as by force of this my will is to have the same, And I doe ordaine and Constitute Executors of this my laste will and Testamente, my forenamed assured lovinge kynnesman and freende George Shorley Richarde ffarmor my sonne, and my Cosins Nicholas ffarmor and Bennett Winchecombe, and Will’m Mercer, and James Smithe my Servaunts, Assuredlye hopinge that as I have chosen theme forth of all the kynnesmen and freends I have lyvinge, and am contente to Committe unto theire Custodie and direction my Children, my howse, my landes, my leases, my goods, Cattells, and all other earthlie things whiche god hath lente me the use of, so theie and everie of theyme will vouchsafe to take uppon theime, the care and Chardge thereof, and will in suche sorte doe theire indevor in the perfourminge of this my will in the bringinge upp and bestowinge of my Children, and employinge of theire lyvinge and porcions, that not onelie my saide Children, tastinge the Comforte of my choyce, But all others knowinge thereof, maie iustlie testifie that my said Executours are as honeste in perfourminge, as I happye in choosinge, and theie as faithfull to execute as I am readye to repose a truste in theyme, And I will and requeste my saide Executors that untill this my laste will and Testamente be performed, or at the leaste, untill my sonne and Daughters Legacies be to theime paide at some suche conveniente tyme as theie thincke good, betwene the first daie of October, and the Twentithe daie of December, theie will yerelie keepe an Awdytt at my nowe dwellinge howsse in Sommerton at whiche Awdytte, all Bayliffs, Receavers, ffarmers, Ten'ntes, Accomptants, debters, or any other, that are to make Accompte or paymente of anye monney, to the use of my heire, daughter, or Executors, shall Comme and make theire Accompte unto my said Executors And also make paymente unto theyme at the same, or suche other daies and tymes as the same monney shalbe due, And at whiche Awdytte my Executours shall take order for the maintenaunce and repayringe of my saide dwellinge howsse, and of all the Barnes, Stables, and other Edifics, and buildings, walls, gardeines orchardes Courtes yardes, and the Parke, whiche nowe be in myne owne handes and occupacion, when and so often as the same shalbe needefull for I will that James Smythe my Servaunte shall have the Custodie of my said howse, Courtes, yardes, gardeynes, orchardes, and Parke, and of all the stuffe that my Executors shall leave in, or aboute the my saide howse, for and duringe the minoritye of myne heire, and shall have for his paines, the Rente of the howsse, wherein he nowe dwellethe, But yf the saide James shall fortune to die during the terme aforesaide, or not doe his duetie and diligence in the usinge and p’servinge of my saide howse ground & howsholdestuffe, Then I will that my saide Executors shall either keepe the saide same howsse, and other thee premisses in theire owne handes unletten, or els shall lette forthe the same or some percell therof to one of theyme selves, or to some trustie freende of theires beinge a man of no greate countenaunce and callinge, from yere to yere, or for a small nomber of yeres, And I doe earnestlye entreate my Executors that theie will yerelie at the same Awditt reade over, or call to remembraunce the Counterpaines of suche leazes as I have made to anye personne, And also all suche leases as others have made to me, And that theie will providentlie and circumspectlie foresee that all suche Rentes, Dueties, S'vics, Customes, graunts, Covenants, and agreements as I have graunted, Covenaunted, or otherwise stande bounde or chargeable by lawe to doe or paie to any other, maie be in suche sorte, and at suche daies and tymes paide discharged, performed, and accomplished, that neither anye of my saide leazes maie be in daunger of forfeiture, or incombred withe distresse, nor my saide Executours, sonne, or other, to whome I have bequeathed the same, maie be molested vexed or sued for wante thereof, And in like sorte my desire is that my saide Executors will make diligent Inquirye at the saide Awditt, and searche at other tymes howe my leazes, ffermors, and Ten'nts doe keepe theire, messuages and tenements in repayre, howe theie paie theire rentes, maynteyne theire Customes, and doe theire services, and observe suche Covenaunts, graunts, and agreaments, whiche by the purporte of theire severall leases, and Covenaunts theie stande chargeable and bounde unto me to doe, and to appointe the Courts to be kepte when and as often as neede shall require, and that theie will seeke redresse by intreaty threates or extreamitie of lawe, as they weight, and contynewance of everie offence requirethe And bicawse my meaninge and full intente is that all my Jewells, Plate, howsholde stuff, beddinge and other furniture, and utensells of howsse, and all suche other things whiche be at the tyme of my deathe in or aboute anye parte of my howsss, or yardes whiche I doe geve and bequeathe to my sonne and daughter shall remayne in my nowe dwellinge howsse at Sommertonne, and in the howsss, and yardes, nowe in myne owne occupacion (savinge those things whiche will greatlie decaie duringe my Childrens minoritie, or whereof there maie be daunger in keepinge there) Therefore my will is that my Executors shall yerelie at theire saide Awditt see the saide Jewells, plate, howshold stuffe, and other things aforesaide, and provide for the safe keepinge of the same, and repairinge when and where neede shall require And moreover I will that my Executors shall as soone as convenientlie maie be after my deathe provide at my Chargs sixe faire and large paper bookes, In everie of w’ch shalbe written by ffraunces Capper nowe my Apprentize, yf he bee lyvinge, and at conveniente leysure, and in his absence by Richard Jackeson my Apprentize, and if theie bothe dye or be absente, by some p’sonne hired yerelie for xx s at my Chardge the trewe Copye of this my laste will and Testamente, and a trewe and perfecte Rentall of all my landes tenements and hereditamentes and of all my Leazes, and also a trewe and perfectte Inventarie of all suche Jewells, plate, monneye Beddinge, Naperye, Brasse, Pewter, Utensells of howse, horsses, Beasts, sheepe and other goods, and Cattell whatsoever whiche I shall have at the tyme of my deathe, and also of all debts due to me, or by me And in everie of the same vj bookes my Executors shall yerelie cawse to be written perticulerlie the whole Contents and effecte of theire Awditte, that is how muche monneye theie doe receyve of whome and for what cawse, and what theye doe disbursse, to whome, and for what cawse, Of the whiche sixe bookes my will is that ev'y of my ffyve Executors shall have one in his owne Custodye, and that the sixte shall remayne in my howsse at Sommerton in the Custodye of the forenamed James Smythe to the use of myne heyre, by whiche he knowinge what I leave, and what is spente he maie call for that remaynethe. And I will that everie of my Executors shall at the ende of the saide Awditte, sette his name yearelye to the ffoote of theire Accompte in ev'y of the saide vj bookes, And I bequeathe to ev'y of my Executors Comynge to the same Awdyt hearinge and takinge the same accompte, and settinge his hande to ev'y of the sayde sixe Bookes ffyve poundes yearlye of lawfull Englishe monneye, over and above the Charges to be bestowed in or at the saide Awdytt, whiche withe all things thereunto incidente my will is shalbe defrayed at my onelie Costes. And I will that if anye Executor shall not Comme to the saide Awdyt, or do not heare and take the Accompte, and sette his hande to ev'y of the saide sixe bookes, That then that yeare wherein he faylethe he shall have nothinge, And my will is that if it shall fortune anye of my saide Executors to die before this my will be in eache poincte perfourmed, and havinge at the tyme of his deathe anye Jewells, monneye gooddes, Cattells, or other things of mine in his handes, That then his Executors, or Administrators shall at the nexte Awdyt holden after his deathe make delyverie and payemente thereof to my other Execu= tours then survivinge, takinge an acquittaunce of theyme for the same. And whereas I have devised to William Keneston and James Smithe my demeasnes, and certeine pastures, meadowes Commons, and other Commodities in Somm’ton aforesaide, and also have graunted to John Yates, and William Mercer Certeine pastures, Closes, meadowes feedings, and other Commodities in Goddington aforesaide, And in like sorte have leased certeine meadowes, pastures, feedings and other Commodities in Eaton to James Smythe, and William Mearcer for the terme of certeine yeres yet enduringe my will is that if it shall fortune any of my sheepe to be remayninge uppon any parte of the saide groundes at thee tyme of my deathe, that my Executors shall sell the same for the uttermoste valewe to the foresaide personnes w’ch shalbe ffermors of the groundes wheare the same Cattell then shall contynewe so that the same personnes do request to buye and have the same Cattell of my Executors, and also will enter into Obligacions withe suche goodde, and sufficiente Sureties as my Executors, at theire owne charge and perrill will receyve and allowe to paie unto my saide Executors the verie valewe of the same Cattell within three yeres then nexte followinge, And uppon the receipt or satisfaction of the said moneye, My will is that the same monneye shalbe againe lente and redelyvered unto the forsaide personne uppon the same, or other sufficiente suretyes paiable from yere to yeare, and tyme to tyme, accordinge to the discretion of my Executors for so longe tyme as theie shall lyve and enioye the foresaide percell of grounde whiche I have by my severall Indentures demised unto theyme. ffor my will and desire is that all the saide groundes maie be delyvered to my sonne Richarde at his full age of xxj yeres thorowghlie and well stocked withe the same lytture of Sheepe whiche I shall leave, or withe the increase thereof, or withe some others, as good as theie be, and withe asmuche other Cattell and of as good valewe as I shall leave theme, And I geve and bequeathe to the foresaide George Shorleye Nicholas ffarmor, Bennette Winchecombe, William Mercer, and James Smithe, and to their heires forever, the Castell yarde in Sommertonne aforesaide, and the Chappell therein standinge (the Water Mill onelie excepte), And my will is that theie withe the Rents issues and proffitts of my landes and leases shall procure obtaine or purchase a good and absolute estate in ffee simple of Landes tenements, or Rents to the yerlye valewe of Tenne poundes over and above all Chargs and that theie shall procure licence and erecte a Com'on Schoole in the saide Chappell, for the instruction and bringinge uppe of Children in vertue and learninge And the saide tenne poundes theie shall assure to a Scholemaister yerelie to be payde to him and his Successors from tyme to tyme forever, for the teachinge and instructinge of Children in the place aforesaide And becawse there be manye circumstaunces requisite for the foundation, erection, licence, assuraunce orders, nominations and contynewaunce of a Schoole and Scholemaister, whiche for wante of experience and tyme I cannott p’ticulerlie prescribe, Therefore I will leave unto my Executors a Conveniente place wherein to erecte a Scholehowsse, and monney sufficient to provide mainteyn'nce for a Schole M’r Referringe all the Residewe to theire wisedomes and consciences, Nothinge doubtinge, but as theie have care to doe theire duetye to god theire prince, and Countrye, so theie will doe theire uttermoste indevor for the provision establishemente and good order of this Schoole whiche maie be a meane to rayse unto god, a greate nomber of faithfull Servaunts unto the Prince severall necessarie Subiects, and to the Common Wealthe manye good members, And becawse good Examples be moste perfecte meanes of instruction to suche as will attempte devises that be rare, therefore my desier is that my Executours will diligente inquirie in severall places of the foundacion, constitutions, and orders of other scholes of the Choice, nominacion and allowaunce of the Scholem’r and of other circumstances therunto incidente, and then uppon advised conference withe my Ov’seers, and others of learninge and experience to selecte, and choose forthe the beste of the same devises, and in due order, and fourme of lawe to appointe and determyne theme, and cheiflie to take care so farre as the wisedome of man maie foresee things to come (that uppon the deathe or other avoidance of one Schoole maister, an other maie w’th all expedition be placed in his Romthe, w’ch is knowne to be able and like to be willinge to execute that function whereunto he is called, The contynewall choise, nominacion and allowance of w’ch Schole maister from tyme to tyme, as the place shalbe voyde, I am contente that my Executors shall by Autentike constitu= cion referre to the Bisshoppe, Archedeacon or Chauncelor of the Dioces of Oxforde, or to the Justices of Assise or Justices of peace for the tyme beinge withein the Countye of Oxforde, or to the Provoste, wardeyn Presidente or Governour of some Colledge in Oxforde, or to the Personne of Sommertonne and some other personnes and Vicars therunto adioyninge, or to the heire or owner of my dwellinge howse at Sommertonne and to somme gentlemanne therunto adioyninge, or to suche other personne or personnes as my Executours (uppon somme probable reasonn) shalbe p’swaded will moste cheiflye further the service of god, the increase of vertue and the mainteynaunce of learninge. All the residewe of my Jewells, Plate, readye monney, Beddinge, Naperie, Brasse, Pewter, Howshoulde stuffe, and Utensills of howshoulde Horsses, Mares, Beastes, Sheepe, Leazes, Debts, gooddes, and Cattells, aswell reall as personnall (heretofore not bequeathed) I doe wholye geve and bequeathe to Richarde ffarmor my sonne, All whiche my will is shall remayne in the Custodye, order or direction of my Executors, untill my saide sonne shall accomplishe his full age of xxj yeares, and then to be delyvered unto him And also I geve and bequeathe unto my saide sonne Richarde all the residue of the issues Rentes, Revenewes, and proffittes of all my Landes Tenementes, and hereditamentes, and of all my Leasses whiche I have before bequeathed to my Executours, over and above those whiche my saide Executors shall imploye and bestowe in or aboute the perfourmaunce of this my laste will and Testamente. Of whiche Jewells, plate, gooddes, Cattells, Rents, Revennewes, proffitts and all other thee p’misses my will is that my saide Executours shall make unto my saide sonne whensoever he shall requier the same after he doethe accomplishe his full age of xxj yeres, a iuste and perfecte Accompte, and then immediatelye make unto him presente Delyverie of the gooddes and paymente of the monney whiche then shall remaine in theire handes, And if itt shall fortune my saide sonne to die before he shall accomplishe the saide age of xxj yeares then I will and bequeathe all the saide Jewells Plate leases, gooddes, Cattells, Rents, proffitts, and all other the p’misses to Marye my Daughter to be delyvered unto her at the daie of her marriage, or her age of xx'ti yeares, whiche shall first chaunce, And if it shall fortune bothe my sonne Richarde and my Daughter Marye to die before theire severall ags and tymes above lymyted Then I geve and bequeathe all and singuler the saide Jewells Plate, Leases, goods, Rentes, and other the p’misss to Nicholas ffarmor my Nephewe, whiche my will is shalbe delyvered unto him assone as this my will shall or maye convenientlye be perfourmed, And I will requeste my lovinge Brother in Lawe S'r Richard Knightleye, knighte, and my welbeloved kinsmanne S'r Thomas Lucye knighte, Richarde ffynes, George ffarmor, and fferdinando Pulton Esquiers to be Overseers of this my laste Will and Testamente, and to assiste my Executors to the uttermoste of their power in the obtayninge of the Wardeshippe of my sonne, in the erection of my Schole, and otherwyse in the p’for= maunce of my will if theie shall neede, and crave theire healpe. And I will also earnestlie desier my said kinsmen and ffreendes that theie will imparte to my twoe Orphanes theire Councell, countenaunce and assistaunce in all theire honneste and reasonable suytes, And I doe geve to everie of theime in consideracion of theire paines so to be taken and in token of good will ffyve poundes to be paide unto theime at the Awdytte kepte nexte after my deathe, And I doe geve to the saide fferdinando Pulton in consideracion of comminge yerelie to the Awdytte and there asistinge my Executors Tenne Poundes yearlie and his chardges to be paide at everie Awdyt when he dothe Comme, and when he dothe not comme the paymente for that yere to cease. And in witnes that this my laste will and Testame’t and that I doe Revoke all other wills by me heretofore made I have to everie leafe of this my will sette mine owne hande Thomas ffarmor Witnesses hereof fferdinando Pulton the writer of the will, Mr Edwards Phisic'on John Stuttesburye gentleman John Michell Person of Sommerton Richard Jackeson John Yates John Birtwissell, and divers others. Probatum fuit suprascriptum Testamentum apud London coram M'ro Willi'mo Mowse Legum Doctore Surrogato venerabilis viri Mag'ri Will'mi Drury legum Doctoris Curiae Prerogativae Cantuarien' Commissarij etc Decimotertio die mensis Augusti Anno Domini Millesimo Quingentesimo octogesimo Juramento __ Christopheri Robinson Notarij Publici Procuratoris Georgij Shorley, Rich'i ffarmor Nicholai ffarmor Benedicti Winchecombe Willi'mi Mercer et Jacobi Smithe Executorum etc Wuibus Commissa fuit Administracio etc de bene etc Jurat