Will of William Burgoyn, Gentleman of South Tawton

Proved 16 February 1624, Prerogative Court of Canterbury

National Archives Ref: PROB 11/143/181

Transcribed by Pat Garnett-Frizelle

In the name of the most glorious hollie and blessed Trinitie amen, I William Burgoyn of South Tawton and countie of Devon gent send greetings in our Lord Gods everlasting knowledge me the said William Burgoyn in the fourteenth daye of ffebruarie and yeare of our Lord 1621 being of health and perfect rememberance thanks bee to God doe make this my last will and testament and hereby declare my intent and meaning.
And first i give and bequeath my soule to almightie God my creator and redeemer whome i instantlie beseech of His infinite mercy for His bitter passion to forgive me all my sinnes to [nk] my soule to live with Him in life everlasting and my body i bequeath to christian burial.
Item I give to the poore people of South Tawton forsaide five poundes to be distributed amongst them as their need shall require within one year after my death at the discretion of my executor and the collectors and overseers of the poore there that year, and the like somme of five poundes and in such manner i give and bequeath to the poore of Branton where I did sometime dwell and in like manner i give to the poore of Arlington fortie shillings to be devysed as before.
Also I will devyse give and bequeath to my brother Robert Burgoyn and the heirs male of his bodie the Barton capitall messuage and demense landes of [ Farledge]? with their appurtanances in Branton aforesaid and all my landes in Barnstable bought of Mr Edgecombe, and all my landes and tennaments [nk] and services lying in Witheridge,Kingsheanton,Newton Poppleford,Chagford,Dunsford,Eight Fingerlie,South Tawton,Belston,Okehampton the mannors of Blackhall and Welhome with their appurtanances within the countie of Devon and all my mannors of Winsford and Oare and all other my hereditaments lying in the countie of Somerset, and all landes and hereditaments lying within the cittie and countie of Exon(one meadow which i had of the devyse of my grandfather Buckinham onlie excepted) on the condition hereafter mentioned [nk] that my said brother and his heirs,executors and assignes for as much as in them lyeth shall faithfully performe, observe, doe, and keepe in all things this my will and testament,and that out of the issues,proffittes,fines and revenues of the landes and hereditanances foresaid hee, his heirs and assignes doe yearlie forever pay or cause to be paide THIRTIE POUNDES STERLING to bee yearlie distributed amongst poor catholics and prisoners,and also to give and paye or cause to be paide to fower such poore persons inhabiting in the Almes House by nesceserties within the mannor of Dealhome foresaid yearlie forever fower poundes unto quarterly to be payed and equallie to bee divided between them fower and their [NK] and as neede shall require to repaye the Almes Houses with his appurtanances,and yearly to provide and to deliver to each of them a liberty gown of sseyse or other good cloathe and to each of them yearlie a new [smocke]? and a new payer of shoes between the feasts of All Saintes and Christmas and as one of them dyeth to admitt of one other aged  poor house woman instead and place of the dead and there to dwell rent free during her life as hath been accustomed and without paying aniething for fyne or incombe and for such [nk] to continue forever and as they fortune to dye another to be chosen by consent of the customarie tennants of the mannor or the most parte of them,and if my said brother his heirs executors or assignes shall refuse neglect or omitt the payments of the yearlie rent of thirtie pounds foresaid or the forsaid yearlie rent of fower pounds or of the liberty gownes,[nk] or shoes or the admittance of the poor Almes women or the performance of my will in part or in all contrary to the intent of this my meaning forsaid without just cause and that by the spare of one whole year that then the devise, guilt and bequeath of the mannors lands tennaments rents reversions permitted and all other the premisses with their appurtements to him and the heirs of his bodie imbide and by this will given or bequeathed [nk] and assignes shall cease determined and utterly voyed to all intent and purposes and from that tyme the forsaid mannor,lands,tennaments and all other the premisses with their appurtanances shall whollie remayne to me and be to the heirs male of the bodie of my nephew Amiase Chichester of Arlyngton forsaid on like conditions in all things as my brother Robert Burgoyn is by their presence limited to doe or ought to doe according to the true meaning of this my last will,and twentie poundes sterling must yearlie to be payed by them or their issues and proffits of the premisses to good uses and [nk] of sick and impotent poor persons and if the male heirs of the bodie of my cosen forsaid without just cause and by the spare of one whole year together fayle,neglect and omitt the payments of the several poundes of monie forsaid in parte as is before mentioned or of doing anie other thing or things which my brother Robert or his heirs executors or assigns were or ought to doe by virtue of their presence or wilfully break anie of the conditions forsaid that then this devise gift and bequeath and his and their estate of in and to the premisses and every parte thereof shall cease determine and bee voyd as if this devise and gifte had never been made and that then and from henceforth the manor landes or tennements and all other the premisses with their appurtanances shall remayne to me and bee to my cosen Henry Chichester of Marwood and the heirs male of his bodie he and his heirs on like conditions and limitations in all things as my cosen Amiase Chichesters heirs male of his bodie but bound or ought to doe [beside]? paie,performed and observed by virtue of this will and according to the true intent and meaning hereto and for not performance of the paiement of the several sommes of monie and other the conditions limitations and provisoes forsaid in mannor as is aforesaid, that then his estate and interest of it and to the premisses and every parte thereof shall cease determyne and be voyde,and that then and from henceforth the said manors lands and tennements shall to me remayne and bee to my cosen Gyles Risdon of Bableigh esq and the heirs male of his bodie on suchlike conditions provisoes and limitations as the heirs male of his bodie of my cosen Amiase or the heirs male of the bodie of my cosen Henry Chichester of Marwood is to doe performe keep and observe in all things by this will and for defaulte thereof his estate to the premisses and everie parte thereof in mannor as before said shall cease and be voyde and the premisses with their appurtanances shall remayne and be to the overseers of this my will hereafter named their heirs and assignes by them to be sold for the best value and the monie thereof [nk] to be dispursed as hereafter is exspressed and limited.
Item I give to the daughters of my sister Salsberie fortie poundes to be divyded between them in lieu of the monie my brother Robert is by counternance to paye them, and to Marie Heath i also give and forgive the monie she and her husband oweth me by billbond or otherwise,and whereas my brother Salsbery long since hath [nk] unto me certaine messuages and tennements in Barnstable my will and meaning is that if my nephew Richard Salsbery that now or the heires of his bodie bee hereafter minded to redeem the same and to that intent doe fortiffie or paie to my heirs executors or assigns twentie poundes sterling that then and from thenceforth my heirs and assignes shall stande and bee seised these and everie parte thereof to the onlie use and behoulde of the said Richard and the heirs of his bodie forever.
Item i give unto my sister Jone (Myells)? children one hundred poundes to be devyded between them in lieu of the monie my brother Robert is by conveyance to him doe paye my sister their mother.
Item to Richard and George Milford the younger sonnes of my sister Milford and to William and Richard Milford the sonnes of Adam Milford my nephew deceased i give all my late title tearme and interest which i have or may have of in a tenement with his appurtenments lying in Georgham called (nknk) bargayne and which my sister Mylford holdeth there for term of her life to have to them forever and the overseers of them during the life of the foresaid George and one other to be nominated to my cosen Robert Dillon Esquire or his heirs within one yeare of the death of my foresaid sister mylford they paying and performing all such rents reservations and conditions as is or shallbe due or payable or ought to bee done for the same during the lives foresaid and countainance of the said terme.
Item to the daughters of my sister Mylford (Jone Brocke and Grace Dunning) excepted and to the daughters of my cosen Adam Mylford foresaid i give and bequeath the two hundred poundes sterling which my brother Robert by my conveyance foresaid is limited and appointed to paye their mother my sister and this payement shallbee a full discharge of the money limited to be payed my sister Milford by the said conveyance the [nk] to be equallie devyded between them. And to the foresaid Jane Brocke i give and bequeath the title and interest which is in John Whyddons name bought of her of me and to a messuage and tenement with the appurtanances called Waterhouse lying in Exburne paying my executors for the same twelve poundes yearlye till one hundred poundes bee payed, all the landes messuages and tenements rents reservations and services which i had of the guilt and bequeath of my cosen Richard Brocke his father deceased lying in the parish of Okehampton and to Grace Dunning foresaid i give and forgive the twentie one poundes her husband oweth me for oxen and the five poundes herself borrowed of mee and all other duties and demandes i forgive her.
Item to my cosen Susan Kempes children (the heir or eldest excepted) i give will and bequeath all my right title and interest which i have of in and to a close of land and pasture called Beyselers lying in Mymber and countie of Cornwall which i had of the devise and grante of my cousin Robert Kempe their father for divers years yet to come.
Item i give and forgive Doctor Chichester my nephew the tenne poundes i latelie lent him and all other debts and duties what forever he oweth mee.
Item to the children of my cosen Henry Chichester his heir alwayes excepted, i give one hundred pounds to be payed as they shall accomplyshe and bee of the age of twentie one yeares by even portion, and if any of them dye or his portion due or paid that then his or their parte of the hundred poundes be equallie devyded amongst the survivors of them unpaid.
Item to my cosen Nicholas Chichester besides the monie he oweth me i give and bequeath fortie poundes to be payed within one year of my deathe.
Item to my cosen Amiase Chichesters children (the heir alwaies excepted) i give devise and bequeath the annual or yearlie rent charge of twentie poundes sterling which i have of the grant of Leonard Yeo Esquire, issuing out of the Barton and [nk] of Collyton which he bought of Mr Pomeroy to be devyded between them and if Mr Yeo or his heirs doe redeme the annuitie or rent charge in parte or in all by paying of two hundred poundes according to the [nk] purporte and true meaning of the two severall grantes thereof and of the provisoes therein conteyned that then the [nk] and sommes of monie soe payed shall be equallie devyded between the younger children of my cosen Amiase forsaid in [nk] of the annuitie.
And to my cosen Amiase himself in [nk] of all duties upon [nk] accomplyshe i give and forgive all the monie he oweth me from his brother John Chichester deceased on condition he gives to poor persons the eight poundes of his said brothers guilt not yet payed as i think.
Item to my sister Gartrude Chichester i give and bequeath the gold girdle which i had of my mother and is now in the keeping of William Babbe of Lyght the [nk] and the severall links thereof now in Mr Stephen Woodfordes hands salters of London together with twentie two gold buttons and a table of the passion of Christ all which with the goods and chattels he hath of mine i give and bequeath her upon condition she give the value of the one halfe thereof to poore catholics. Also i give her one hundred poundes which my brother by my conveyance is limited to pay her in full recompence of all duties and i give and forgive her all the money she oweth mee and towardes her better maintanance during her life i give her one annuitie of five poundes which Mr William Palmadie of Okehampton is yearlie to pay me issuing out of his landes there, the remainder to my servant Nicholas Chichester foresaid and his heirs and assigns forever.
Item to my cosens William Philip and Robert Burgoyn my brothers children for a [nk] as in mee lyeth i give and bequeath the annual rent of thirteen poundes thiteen shillings and fower pence i procured in Sir William Kirkhams name of Sir William Dillon issuing out of his land in Georgeham Heanton and Braunton to have to them and their heirs forever with the arriages thereof and the two hundred poundes paiable for redemption thereof.And to my cosen Robert Dillon i give and forgive fourtie poundes of the accertages of the said annuitie and all my pewter and household goods of mine in his house at Harte And to his sister the Ladie Hill i give all such bedding and goods as Sir Richard Hill her husband has from Harte of myne and all the monie she oweth me, and alsoe i give her for a rememberance the best ring which is in my soffet at Zeale and continued in Mr Wadhams keeping. And to her father Sir William Dillon i forgive all such monie as by specialtie or otherwise he oweth me.
Item to all my tinners and palliers ([nk] bodie excepted) i give and forgive all such monie as they have [nk] of mee and doe owe mee for black tinne or worke not yet acquired. And to my daylie workmen of Bradford i give to each of them twelve pence to be payd them within a month after my death.
Item whereas my grandfather Buckenham devised to mee one meadow Without Eastgate in Exon upon condition to paye yearlie to the poor people of St Annes Hospital there sixteen shillings out of the proffits thereof, i will and devise the said meadowe to my brother Robert Burgoyn and his heirs on like condition to paie or cause to bee paied to the poore of the said Hospital the sixteen shillings yearlie as hathbeen accustomed and fower shillings of yearlie rent more to make the foresaid sixteen shillings ~ twentie shillings and so to continue forever according to the routine of my grandfathers will.
Item to everie of my brother Roberts daughters i give a hundred poundes to be payed when they shallbe of twentiesix yeares or when they shallbe by consent of their father married.
Item i give and forgive to John (Wotton)? my man and Katherine his wife tenne poundes of the monie he oweth mee and the rest as he is able within three years to pay my executors.
Item to all my household servants that shall serve me at my death i give and bequeath twentie shillings apiece, and to John Whiddon of Arlington i give fortie shillings and to his brother William Whiddon twentie shillings and to Walter (Northest)? of St Bedwells in Exon i give and forgive him and his wife the moiety and halfendeale of all the monie they owe me for the goods and household stuff which they have of mine and which i had of the widdow Grap)? their mother and (notices)? in a particular note thereof remayning with Mr Edward Wyat of the Close in Exon that they compound and paye my executors within two years next ensuing the cost of the monie due to me for the said goods of and for that the time maybe longer all the several sommes of monie foresaid given and bequeathed shallbe leasyd and payed my intent will and meaning is that those which have greatest need in the discetion of my overseers and executors hereafter named bee first in parte or in all payed and if anie person to whome anie monie is by this my will given or bequeathed doe dye after it shallbe paieable and before payment thereof having issue of their bodies lawfullie begotten that then the foresaid money given them or either of them shall remaine and bee to their children and assignes if the partie to whome it was first limited or given have not by will or otherwise disposed thereof and if anie of them dye indebted toe as his proper goodes and chattels be not sufficient empower the somme and their creditors will be pleased to accept of the principall debts.My will is that my executors shall in shorte time aftre disburse soe much of my legacie given to them and unpaid as will answer the same and the rest to be satisfies them as it shall grow due and may be leasyed provided alwaies and my intent and meaning is that my brother Robert nor his heirs executors nor assigns after full and faithfull administration had and made of all my goods and chattels,credits and leases [nk] and personal shall not bee charged with speedier payment of annie somme of monie by this my will legated given or bequeathed and resti ng unpaid otherwise then as it may be reasonablie leasyed of the revenues issues fynnes and profits and casualtyes of the land and tennaments and other the premises given and devised my said brother Robert and the heirs male of his bodie and according,purporte and true meaning of the conveyance of my land long since made him with a provisoe for revoration therein and for that cause according to the purpose of the provisoe i have doe give him my signet ring of gould and seale of armes. And to my sister his wife i will that she shall have the Barton and demense lands of (Barledge)? during her widdowhood soe she dwell there repaie the somme sufficientlie and paie the heir twentie poundes yearlie during her widdowhood and to her i give a gould ring with a stone let in it.
,and to her and everie of my sisters living i give gownes of thirteen shillings the yard.
Item to my cosen George Burgoyn their sonn i give fiftie poundes and the use of my great goblet of silver with his cover parcell guilte to use during his life and after to be and continued with my right heirs as a principall and soe from heir to heir.
Item to his brother Robert youngest son i give all the apparell of my bodie and to my godson Mr Frances Risdon i give three poundes to be bestowed in a ring or jewel engraved [nk] Momento Mori.
Item to his aunt Mrs Wilmote Risdon i give my goulde flagon bracelet and forgive her all the monie she oweth me provided she paie the halfe thereof to poor catholics.
Item whereas my cosen the widow Alice Fursdon hath of the grants of one Mr John Eston of Chidioke one annuitie of fower poundes issuing out of his lands in Devon and Dorset of which the halfendeal is mine through the grant bee made in my cosens name and of which i was onlie payd by Mr Eston during his life and since devised by his wife for that devoyd (land) was her Joniture being of varient date and in Dorset it could not be leased by reason of the lands was in the Kings hands during the minoritie of the heir, the which halfendeall with the arriages my will is that she shall quit and bestowe as she shall leasie the same the same to good uses allowing herself and her heirs her and their reasonable costes in leasying thereof, and for the same purpose i give and forgive her all such monie as she oweth me.
Item all other my rents charges annuities lands and tennements goods and chattels with my parte/purpartie and portion of in and to the rents and proffits of the Salts[nk] lives brought to London at the cost of Mr Hughe Middleton, myself and others. And all other my utensils not formilie given nor bequeathed (one fiftie pounds excepted which i give to the benifit of poore craftsmen, husbandmen and craftsmen of South Tawton aforesaid as hereafter shall be exspressed) I give and bequeath to my brother Robert Burgoyn towardes the performance of this my last will and testament and the content of my before intentioned conveyances and whome i appoint and make my sole executor of this my last will and testament beseeching him for the bitter passion of our Saviour Jesus Christ and as he tendeth his own salvation truelie to performe the same and if annie doubte or question do arise or [nk] by reason of anie guilte (guifte)? or bequeath conveyed in this my intent and meaning is the point shallbe without suite of lawe decided deemed and determined by my well beloved friends Sir William Kirkham Knight, Gyles Risdon of Bableigh Esq my cosen, Frances Risdon his son, my cosen Henry Chichester of Marwood gentleman and my cosen Henry Chichester now of Arlington and the Mr Richard Kirkham of Blackdon Esq or the most part of them and whome i constitute ordaine and appoint to be the overseers of this my last will and testament and to call on my executors for the due and true performance thereof  and who forever shall refuse to stand and abyde to their order indytment and deternination or of the order and judgement or the most parte of them and of the provisoe of them concerning the matter in question, my will and meaning is that all such guifte (guilte)? devise and bequeath soe to them given and conteyned for be utterlt voyde as if it never had been given nor bequeathed and to reimburse to my executors to be sold by consent of my overseers or the most parte of them and the monie thereof made to bee given to poor aged and impotent persons, and to everie of my overseers for their paines to be taken therein i give twentie shillings apeece to bee at their pleasure made for [nk] sake into round rings with this posie Memento Indicium Dei. And as for the fiftie poundes formelie excepted and by mee intended for a store to bee lent to the poor craftsmen, husbandmen and tradesmen of the parish of South Tawton foresaid my intent and meaning is that it shallbe payed as it may bee leasyed by my foresaid brother Robert to the chiefe and principall men of the parish churchwardens and collectors for the poor there and by them and their successors yearlie to bee lent by three poundes, fower poundes, five poundes more or less to such honest poore men of the parish aforesaid as shall neede the same so that they give sufficient [nk] for repayment of the principall gratis lent him or them for a year, two or three at the discetion of the chiefe men, churchwardens and collectors of the parish then for the time being, by then againe to be lent as before to such persons as in their discretions are honest of behaviour and may doe good therewith and soe to continue the same from age to age.And for want of distressed poor men to lend the same or parte thereof to honest poore distressed women [nk] for one, two or three years on conditions foresaid, and i will that once a year my heir with the principall men, churchwardens and collectors take account of the loade and receipts and [nk] taken for the same and thereof an entrie made in an leger book and the same to be layed in a chest with fower lockes of sundrie wardes and fower keyes fitting them. The one key with the vicar there for the time being, one other with the principall man of the parish that will take care thereof the other with my heir that shall dwell in the parish and will be present at the account the other with the churchwardens,and in his absence with the collectors foresaid my heire not further[nk] to the poore of the saide parish shall yearlie allow the auditors forsaid at taking of the said account five shillings for their paines and the vicar or (clerk) [nk] thereof in the leggar booke three shillings fower pence yearlie and soe to continue by succession as they should dye or departe the parish from principall to principall, vicar to vicar, churchwarden to churchwarden and soe of the cost soe longe as it please God to blesse their endeavors and charity made them to continue the same and my final intent will and meaning is that if my brother Robert Burgoyn in his lifetime or his heirs or assignes after his death doe refuse to satisfie and paie or willfullie and wittinglie doe forebear, omit or neglect to paie anie of the gifts, legacies, devises or bequeathes in this will mentioned and contrary to the meaning hereof he or they having sufficient in his hands to empower the same that then and from thenceforth all former guifts, legacies, devises and bequeathes to him them or either of them given limited or bequeathed shall cease and be utterly voyd and of none effect to all intents and purposes and the same shall remayne to them to whome they bee further limited by this my will and under like conditions as before is expressed and whatsoever of the said giftes devis or bequeathes are or shallbe frustrated{or?as] avoyded as aforesaid and by this will not further willed nor bequeathed to anie other person,my intent and meaning is that my overseers and their heirs and the survivors of them shall enter into the saime or some parte thereof in the [name?] of the whole and somme to bargaine and sell for the best value and with the monie thereof made the principall and most [nk] many legacies satisfied, i will by them or the most part of them and the provisoes of them bestowed in landed annuites and rent charges and the same to be conveyed to retaine feoffes of trust to the use of poore and impotent persons by them and their heirs yearlie with the issues thereof to be relieved and to that onlie end and purpose i give to my overseers their heirs and assigns the foresaid guiftes, legacies, devises and bequeathes as shall hereafter happen to cease and bee (inhibited?) frustrated and avoyded in manner and for the causes foresaid they,observing, performing and faithfully fulfilling the true intent and meaning of this my will and to no other use, intent or purpose and thus commiting my bodie and soule unto the hands of almightie God my creator, saviour and redeemer through whole merrie death and passion i hope to be saved i make an end of this my last will and testament revoking hereby all fourmer wills by mee alone before the daie of the date of their presents first above written and now published in the presence of those whole names are underwritten by mee William Burgoyn, Susan Chichester, John Whiddon, John Poynzt, Nicholas Chichester.

THE FIRST CODICIL
Item whereas i have an estate in Tawton Milles for divers yeares yet enduring to my cosen William Mylford, my cosen William Oxell and tennant John Steare or either of them soe long live, i will and bequeath the said milles with their appurtanances to my brother in law Richard Mylford and his assignes for twentie yeares if he live soe long, hee repaying them in all [necessaries?] as often as needed shall require and doing and observing all partes, rents, reservations [nk], conditions and agreements as is and shallbe due and payable for the same the remainder to my sister his wife for lifetime and on like conditions if she live soe long, the remainder to my cosen William Mylford for lifetime if the tearme so long continue hee doing and performing in all things as his father forsaid is to pay, doe and perfourme and the tenant of the premises is by Mr Wadhams graunte thereof bound or ought to doe and for defaulte thereof by the space of one half yeare after notice given by my heirs, executors or assignes it shallbe lawfull for my heirs,executors or assignes to enter and hold the milles with their appurtanances as if this guifte and bequeath had never been made annie thing to the contrary not withstanding.
In witness whereof i have published my name even the sixteenth of february 1621 by mee William Burgoyn (signes).

THE SECOND CODICIL augusti duodecimo anno [q3]? end 1623.
A codicil to be annexed to the last will and testament of William Burgoyn of South Zeal in the parish of South Tawton and countie of Devon Esq.

Item i give and bequeath unto my sister Gartrude Chichester moreover and besides that i have given her inmy forsaid will written with my owne hand the yearly rent, revenues, issues and proffits of Knolle Mill during her natural life yearlie to be paide her for her maintainance.
Item whereas my cosen the widdowe Alice Fursdon hath of the graunte of one Mr John Eston of Chidiocke one annuitie of fower pounds issuing out of all of his lands in Devon and Dorset of which three pounds yearlie is mine through the graunte be made in my cosens name and of which i was dulie paied by Mr Eston during his life and since denied by his wife for that Devon land was her injuncture and in Dorset it could not be leased by reason the land was in the Kings hands during the minoritie of the heir, the halfender of which i lease to her to be bestowed by her discretion to good use.
Item i give and bequeath to forsaid kinswoman Alice Fursdon twentie pounds of the fortie she oweth me.
Item several the legacies given and not delivered to my niece the Ladie Hill.
Item several the legacies given to William Whiddon.
Item i appoint my executors to discharge and pay my cosen the doctor according to the rate of a Doctor of Phisicke for performance daies as he hath had [nk] of mee and my executors to paie the apothacarie according to his bill.
Item my executors shall discharge and paie my cosen Susan Chichesters charges had heretofore or to be had hereafter for my funerall at the awarde and discretion of annie two or more of my executors. 
the sign  \  of William Burgoyn.
This CODICIL was published in the presence of those whose names are hereafter written. Nicholas Chichester, Richard Poyntz, John Whiddon and Lewes Ackland.

From "MUSGROVES OBITUARIES" prior to 1800 (parts one and two).

1623 William Burgoin.

Here lyes Will Burgoin, a squire by defcent,
Whose death in this world many people lament;
The rich for his love, The poor for his alms,
The wise for his knowledge,
The sick for his balms,
Grace he did love & vice control,
Earth has his bodye & heaven his soule.
The twelth daye of august in the morn dyed he
16 and 23
Arlington Devon.

From his memorial at Arlington Church.