Will of Hugh Fortescue of Weare Giffard

Proved 16 November 1600

© Crown Copyright

PROB 11/96/309, Records of the Prerogative Court of Canterbury

Transcribed by Kathleen Noye

[Given as of Hugh Fortescue of Wear Gifford in TNA Catalogue]

In the name of god Amen, the fifte daye of June in the yeare of our Lorde A Thousande ffyve hundred Ninety and Nine, I Hughe ffortescue of Weare Gifforde in the Countye of Devon Esquire beinge (thankes be god) of good healthe and perfecte remembraunce doe make and ordeine this my last will and Testamente in manner and forme followinge, ffirst I bequeathe my soule to Almightie god and my bodie to Christian buryall, And I doe give and bequeathe vnto Elizabethe my wief the one halfendeale of all my beddes bedstead[es] and furniture of beadinge [bedding?] whatsoever, haulf of my lynnyn and naperie, the one haulf of all my pewter vessell potts crockes pannes spits wooden vessell and of all other implements for houshoulde, Also I doe give and bequeathe to my said wief all my corne and grayne, as well in the Earthe, as in the Barnes and mowes, All my Oxen and kyne, all my waynes [wagons] wheeles ploughstuf and other necessaryes and ymplem[en]ts belonginge to husbandrie, Togeather with the workinge Tooles, And also I doe give and bequeathe to my said wife all my Milhorsses and forniture for the mylles with the Boates and Troughes, And also the one haulf of all my other horsses geldinges mares and Coultes, to be equallie devided betwene her and my Executor, And moreover I doe give and bequeathe vnto my saide wief Three white silver Bowles to drinke beer in, Three Silver bowles guilt to drinke wyne in, Two silver Saultsellers of Bell fashion and ioyned togeather the one over the other, togeather with their cover, One dozen of silver spoones, And also Two hundred markes in money The said Two hundred markes to be payde within one yere nexte after my deathe And I doe give and bequeathe to Rebecca my daught[er] One hundred threscore sixe poundes thirtene shillinges Eighte pence of lawefull curraunt money towardes her better prefermente in marrage over and besides those sommes of money whiche I have alreadye lymitted and appoynted by certaine conveyaunces to be paid vnto her out of my landes for her preferment in mariage also, And I doe also give and bequeathe vnto Marie my daughter One hundred poundes more in money over and besides her portion already appoyneted to be payde her in like manner out of my landes for her marrie with William Lee sonne and heire apparaunte of Thomas Lee of Northam Gent Then she shall nott have this hundred poundes here bequeathed vnto her, ffor That if suche marriage doe take place her portion in mariage is alreadie agreed vppon betwene me and the saide Thomas Lee the ffather, And the saide mariage takinge effect : then my meaninge will and bequeathe is That ffiftie poundes p[ar]cell and the one haulf of the saide hundred poundes whiche was lymitted to Marie also be come and be paide to my foresaide daughter Rebecca for her better advauncement in mariage, And the other ffiftie poundes thereof to be reteyned and extinguished in my Executor, Also I doe give and bequeathe vnto George Spurrell my servaunte, if he contynue in my service at the tyme of my deathe Twentie markes, And I doe give and bequeathe vnto Roberte Saunder my servaunte, if he contynue and be in my service at the tyme of deathe Twenty Nobles, All the residue of my goodes and chattells hereabove nott given nor bequeathed my debts and legacyes discharged and paide, I give and bequeathe to John ffortecue my sonne whom I make my sole and whole executor of this my last Will and Testament, And I ordeine my brother in Lawe, Lew[i]s Pollarde esquire and my brother George ffortescue Gentleman my Rulers or Overseers, desiringe them to see this my Will to be duelie executed accordinge to my plaine intente and true meaninge herein Witnesses hereof the saide Lewes Pollard George ffortescue Hughe Northleighe and others, A Scedule or Codicell made by me Hughe ffortescue esquire the firste daye of Aprill in the yeare of our Lorde A Thousande and Six hundred for the better vnderstandinge and expoundinge of my entente and meaninge in this my last Will and Testamente herevnto annexed, ffirst Wheareas I have by my saide Will and Testament devised bequeathed and given to Elizabethe my wief All my corne and grayne as well in the Earth as in the Barnes and mowes my Will meaninge and intente therein was, and is that the same be taken and vnderstoode to be, of all suche corne and graine as should be myne in the Earth Barnes and mowes at the tyme of deathe, and nott otherwise, And in like manner my Will and meaninge was and is, and soe is to be expounded and taken to be of all the oxen kyne or whatsoever other goodes or chattells soe by my saide Will devised bequeathed or given as shall be myne at the tyme deathe and nott otherwise, And ffurther my Will and meaninge was and is That if my stocke and store in goodes and chattells vppon the Barton of Weare Gifforde should be increased, To the value of Two hundred markes over and above suche goodes and chattells as I had there at the tyme of the makinge of my saide Will, and shall be soe muche worthe or better at the tyme of my deathe : That then the saide stocke and store soe increased to be wholly to Elizabethe my wief in allowaunce full recompence paymente and satisfaction of the Two hundred markes in money bequeathed given lymitted or apppointed vnto her in or by the saide will, But if the saide stocke and store shall be soe increased shall nott amounte to the full value of Two hundred markes : Then my meaninge is that my Executor shall make vp the same to be worthe vnto her full Two hundred markes either in money or in stocke, And wheareas moreover I devised and bequeathed vnto Marie my daughter One hundred poundes over and besides the former porcon [portion] assigned and assured her out of my landes towerdes her better preferment and advauncemente in mariage : Soe as the saide Marie should marrie with anie other man then with Will[ia]m Lee sonne and heire apparaunte of Thomas Lee of Northam Gentleman for the consideracon in the saide will expressed with suche Proviso That if she the saide Marye did hereafter marrie the saide William Lee That then ffiftie poundes of the saide hundred poundes should be to Rebecca my daughter towardes the amendement of her porcon for her advauncement in marriage, my meaninge and will was and is therein That if the sayde Rebecca shall fortune to marrie, or shall conclude and agree vppon of or for her mariage before anie mariage had or agreed vppon betwene the saide Marie and the saide William Lee : That then the saide Rebecca is not to have the saide ffiftie poundes nor anie percell thereof.

Probatum fuit Testamentum suprascriptum Vnacu[m] Codicillo apud London coram venerabili viro m[agiste]ro Joh[ann]e Gibson Legum doctore Curie prerogative Cantuariensis m[agiste]ro Custode sive Commissario l[egi]time constituto decimo Sexto die mensis Novembris Anno Domini Millessimo Sexcentessimo Juramento m[agiste]ri Allexandri Serle Notarij publici procuris Joh[ann]is ffortescue filij natural d[i]c[t]i defuncti et Executoris in huiusmodi Testemento nominat Cui com[m]issa fuit Administratio bonorum Jurium et creditorum eiusdem defuncti, De bene et fidel[ite]r Administrand eadem &c Ad sancta Dei Evangelia Jurat /

Translation: The above-written will together with a codicil was proved in London before the venerable Sir John Gibson, Doctor of Law, Master, Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted, on the sixteenth day of the month of November in the year of our Lord one thousand six hundred, on oath before Mr Alexander Serle, notary public, by John Fortescue, natural son of the said deceased and executor named in the same will, to whom administration was granted of the goods, rights and credits of the same deceased, well and faithfully to administer the same etc., sworn on the Holy Gospel of God.