Will of Sir William Morice, 10 July 1677

Records of the Prerogative Court of Canterbury

National Archives Catalogue Reference: PROB 11/354

Piece Name of Register: Hale Quire Numbers: 44 - 95

© Crown Copyright

transcribed by

J. M. Jolliffe

Note: In the transcription that follows uncertain items are enclosed in square brackets, items written in the margin of the document are shown in in italic within parentheses.

Since the Frailty of Man is such, That it is not more certaine wee shall dye, then uncertaine howe soone or sodainly wee may be surprized by death, and though by long or languishing Sickness wee may be Summoned to pay our Debt unto Nature before wee be arrested by death, yet then all Our Time will be too little and Our best and most indistracked Attention of Our Faculties will scarce be sufficient to prepare and dispose Ourselves for Our Appearance before God's Tribunall. Wherefore in due Reflection of the premises I Sr. William Morice in the time of my health have resolved to Settle and dispose of my temporall Estate by my last Will and Testament, which I doe hereby ordaine and make in manner and forme following, thereby revoking and annulling all former and other Wills and Testaments:

First I give and bequeath to my Sonne John and Humfry One hundred Pounds apeece, And to every of my Daughters Elizabeth Gertrude Thomasine and Anne threescore pounds apeece to be bestowed in Plate for their Chambers, And to my three Sonns in Lawe Sr. Robert Cotton Sr. Walter Moyle and John Pole esq. thirtie Pounds apeece, to be bestowed by each of them in a Bason and Ewer of Silver or a paire of Flagons of Silver, as they doe want, or shall like, And to my daughters in Lawe to every of them twentie pounds, to buy them Rings, And to every of my Grandchildren that are not especially named, nor have particular Legacies by this my last Will and Testament the Summe of twentie pounds, And all and every of the said Summes to be forthwith payd to them and every of them:

I give grant and devise to my Daughter Elizabeth all that mesuage Lands and Tenement with the appurtenances of Cadmansleigh scituate lying and being in the Parish of St. Stephens within the Countie of Cornwall, to have and to hold the same for and during the Terme of her naturall life, But my will is, that if my Sonn Sr. William Morice and his heirs and Executors

shall

shall provide fynd at their Charge; and give my said Daughter Elizabeth [fit] and convenient Dyet and Ladying at Werington or [in her] soever they or her shall inhabite for her and her mayd, That then and as long as hee and they shall soe doe, that hee and they shall have the possession occupation enjoyment and profits of the said Mesuage Lands and Tenement in recompense of such dyet and lodging; Which if hee or they refuse to give, or shee dislike the same, then shee to have possesse and enjoy the said mesuage lands and Tenement to her proper use and behoofe for and during the Terme aforsaid: I give and bequeath unto my eldest Sonn Sr. William Morice Baronet all my library bookes Globes Mapps Silver-utensills and Cabinets in my Studies, Charging him that hee neglect not to attend and apply himselfe unto his Studies, whereby through Gods' Blessing hee may reape a threefold Good, that of profit by acquiring an aptness and abilitie for Business, that of delight in Contemplation, and that of honestie first privatively being thereby taken of from idleness and evill Companie, and next positively by learning Precepts and Exemples of morall virtue, And seeing it is a choice Collection of excellent Bookes, rarely to be found, I doe strictly comand him and his heires, that it never be sold by them, and that they carefully looke after them, and conserve them from embezzlem.ts, and all accidents that may deface Spoil or Scatter them, And doe advise him to leave them with like charge to his heires, and soe the Father to the Sonn to Subsequent gen.er.ations that they may contynue as an heire loome (though not according to strictness of Lawe, but by their care and Observance of my Commands) unto my Family and be my best monument, and if none of my Progeny (as it may please God [some] one or other hereafter may doe) shall have that Love to them, and make that use of them which I have had and done, yet they may be an helpe and benefit to Scholars of the Neighbourhood and Acquaintance who being not-furnisht with so great choice, may fynd these as a common Treasure:

I give and bequeath unto my Sonn Nicholas Morice all the Right Title Terme Estate and Interest which I have hold and possess in that mesuage and Tenement with the appurtenances at Spring=Garden within the Parish of St. Martin in the Fields in the Cittie of Westminster by the Grant and Letters=patents of his sacred Majestie, together with the said Letters=patents And alsoe I doe farther give and devise unto him my Sonn Nicholas all the right Title Terme Estate and Interest which I have and hold in the Barton mesuage farme Lands and Tenement of Brushford within the Parish of Brushford and Countie of Devon aforesaid by the Grant Lease and demise of George Speke esq. together with the said originall Lease, To have and to hold all and singular the said Premises and every of them with the Appurtenances unto the said Nicholas Morice his Executors and assignes to his and their proper use benefit and behoofe for and during the severall and respective Termes to mee granted as aforesaid, and remayning unexpired and undetermined at the tyme of my death, And I doe farther give bequeath unto him my said Sonn Nicholas that ffyftie pounds lent unto and remayning in the hands of the Tenents of the Barton of Brusford for the tyme being for and towards the Stocking of the same:

I give and bequeath unto my Grandsonn William the Sonn of Sr. William Morice Baronet all my Silver-Plate of what kind soever, and alsoe all my hangings of Arras and gilt Leather in my house at Werington, To have and to hold the same after the decease of his Father (who my will is shall have the use and (thereof during) his life), But if hee dye without a Sonn, that then all the said Plate and hangings shall come and remaine and be to his Father Sr. William Morice baronet and his heirs:

I give and bequeath unto the three daughters of my Sonn Sr. William Morice these

Sumes

Summes following, To Gartrude foure thousand Pounds, To Mary and Anne three thousand pounds apeece, to be payd them and every of them respectively when they shall accomplish the age of twentie one yeares, or be married, which shall first happen, Nevertheless upon Condition, that they and every of them respectively shall marrie by the Consent and good liking of their Father, Or otherwise any of them marrying without such Consent and good liking to loose and forfeit the said Legacie, And my Will farther is that if either of them shall be preferred in marriage during my life tyme, or shall at any time happen to dye before they or shee shall accomplish the age of twentie one yeares, or be married, that then this present giuft and Legacie made and bequeathed as aforesaid to them or either of them respectively that shall, be preferr'd or decease as aforesaid shall be null and void, and shall be Saved to my Executor or his heirs as the right and Interest shall happen to be at that tyme, and to him or them that should otherwise have beene obliged to pay the same:

I give and bequeath unto my Grand:daughter Elizabeth Moyle the Summe of five hundred pounds and alsoe all that five hundred Pounds which is owing mee from her Father Sr. Walter Moyle, whose Band or Obligation I have in three thousand Pounds for the Payment of One thousand five hundred pounds dated the second day of March in the sixteenth yeare of the Reigne of Our Soveraigne Lord King Charles 2.d, and payable the second day of Febraury next ensuing, whereof one thousand pounds was satisfied long since, and the remayning five hundred Pounds my will is, shall after my decease, be put=out for some benefit and Profit for my said Grand=daughter Elizabeth, together with the said other five hundred pounds before given and bequeathed, And the profit and advance of both the said Summes, together with the Summes aforsaid, to be payd unto her when shee shall accomplish the age of twentie One yeares, or be married which shall first happen; And if shee shall happen to dye before shee attaine unto that age or be married, or shall marrie without the consent and good Liking of her Parents, Then my will is, that the five hundred Pounds hereby bequeathed to her shall be saved to my Executor or my heirs, or to him or them that ought to have payd them, and the said Legacy to be null and void, And for the other five hundred pounds owing mee as aforesaid from her Father, I doe give and bequeath the same and all the profit that shall be made thereof (if any be) unto my Daughter Thomasine Moyle the wife of Sr. Walter Moyle aforesaid:

And because it may fall-out that at the tyme of my decease I may not have soe much readie money and debts owing mee as shall or may extend to pay and be sufficient to satisfie the Severall Summes and legacies given by this my last Will and Testament as aforesaid, Therefore my will and meaning is, that soe farr as my readie money and debts shall suffice, [preach] to doe the same, that first of all the Severall and respective Summes given to all my Sonns and Daughters and Sonns and daughters, in Lawe shall be satisfied and payd, And then next the twentie Pounds apeece hereby given to my Grandchildren, And then the Legacie of five hundred pounds bequeathed to my Grandchild Elizabeth, And lastly the Summes and legacies bequeathed unto (my) Grand=daughter Gertrude Mary and Anne the Daughters of my Sonn Sr. William Morice, And what shall be deficient in my money and debts for and toward the Payment and Satisfaction of the said Severall Giufts and Legacies and every of them, That then, Whereas I have by my Deed indented bearing Date the nynth Day of December in the seaven and twentieth yeare of the Reigne of Our Soveraigne Lord King Charles the second, conveyed enfeoffed and assured all and singular the Mannors of Cliston alais broad:Clist and Lymbury together with the hundred of Cliston alais broad=Clist, and alsoe

Ye Barton

The Barton Farme Capitall Messuage demesne Lands and Tenem.ts with the appurtenances of Cliston alias broad=Clist, and all and singular the Mannor of Stoke Damerel together with the Bartons Farmes capitall Mesuages demesne Lands and Tenements of Keymel alias Keyham and Mountwise together with the Advowson and Patronage of the Rectorie and Parish=Church of Stoke Damerel aforesaid, and all and singular the Mannors mesuages Lands and Tenements of Stoddescombes Halwel Downe=Cary Luffeot Northeot Trethen, together with the Advowson and Rectorie Donation and Presentation of the Church of Luffeot aforesaid, and all that Messuage Lands and Tenement of Cadmans-leigh within the Parish of St. Stephens in the Countie of Cornwall, and all and every the Rights members Royalties privileges liberties and appurtenances of them and every of them the said Mannors and every part and parcel thereof, together with all and singular my Mesuages lands Tenements Hereditam.ts with the Appurtenances Scituate lying and being in the Severall Parishes of broad=Clist Stoke=Damerel Prixton Plimstocke Bradwood Wigger Virgin Stowe Thrusston Luffeot (Menhenniott Morvol) Lissard and Northcot=hamlet within the Counties of Devon and Cornwall, together with the Rents Reversions and Services of all and singular the said Premisses, and all other Rents of what kynd soever which I have in all or any the Parishes aforesaid or in St. Just and Redrim in the Countie of Cornwall unto Sr. Walter Moyle knight John Pole and Shilston Calmady esq. To have and to hold all and singular the said Premises and every of them with the appurtenances to them and their heires for ever, Nevertheless to this intent and purpose, and upon Condition, that they and the Survivours and Survivour of them and his heires shall demise Lease and grant and dispose of the same in such manner and for such Estates and to and for such Uses intents and purposes as by my last Will in writing I should lymit appoint and declare, as by the same Deed appeareth, whereunto for more Certaintie I [referr] myselfe.

And whereas the Fee-simple Estate and Inheritance of my Mannors mesuages Lands and Tenements of South=Milton and Horswell Scituate lying and being in the Countie of Devon aforesaid by Grant and Conveyance thereof made at my request, and for a Consideration of money by mee satisfied and payd, are nowe invested and settled in Edmund Prideaux of Padstowe esq. in Trust for mee and my heirs and assignes, and for my use benefit and behoofe.

And whereas the Fee-simple and Inheritance of my Mannors of Pawton Trefose and Ide, with their and every of their rights members and appurtenances, together with the Advowsons Donation and presentation of the Severall Rectories and Churches of Breocke Ervan and Petrocke the lesser thereunto belonging scituate lying and being in the Countie of Cornwall are by Grant and Conveyance thereof made at my request and for a Consideration of money by mee payd and satisfied invested and settled in the said Edmund Prideaux and his heires in Trust for mee and my heirs and assignes and for my use benefit and behoofe.

And the ffee-ffarme Rents of all the said Mannors being purchased by mee and with my money and for my use and behoofe of the Trustees of his Majestie for Sale thereof were bought and taken in the Name of Francis Calmady gent in Trust for mee.

Now I doe give grant and devise the said Severall Mannors of South=Milton Horswell Pawton Trefose and Ide with their and every their Rights and (Members and) all mesuages Lands Tenements and Hereditaments with the Appurtenances thereunto belonging and apperteyning as part parcel and member of them and every of them, with all their Royalties privileges Liberties Rents Remainders Reversions and Services together with the Advowsons Rights of Patronage Donations of the Churches aforesaid and every of them unto the said Sr. Walter Moyle John Pole and Shilston Calmady, To have and to hold unto them their heires and asignes and to the Survivours and Survivour of his heires and assignes forever, Nevertheless in Trust and Confidence, and to this intent and purpose, and upon Condition, That

they they and the Survivour of them and his heirs shall demise lease grant and dispose the same Premises in such manner, and for such Estates and for such uses intents and purposes as I by this my last Will shall lymit appoint ordaine and declare

And nowe therefore I doe hereby lymit appoint and declare, And my will is in case my readie money and debts owing mee which I shall have and leave behynd mee at the tyme of my death shall not reach extend and be sufficient to answere discharge and pay all and singular the Summes and legacies soe given and bequeathed by this my last Will as aforesaid, and alsoe my just Debts (if any shall be) That then my said Debts and the Summes and legacies aforesaid or soe much or soe many of them as my readie money and debts owing to mee shall fall short to pay and satisfie, shall be raised advanced discharged and payd respectively to them and every of them in such method order and manner in respect of Prioritie as is before by this my last Will and Testament appointed and declared out of the yearely Rents Revenues issues fines and profits coming growing and arising out of all and singular the said Premises and the parts and parcells thereof as are nowe or shall be in hand at any tyme or by leasing and granting Estates and Termes in the said Mannors of Cliston Lymbury Stoke=Damerel Stoddescombe Down=Cary Holwel Luffcot Northcot South=Milton Horswel Pawton Trefose and Ide or any part or parcel of them, and all other the Premises, Save that my will is, and I doe accordingly declare, that the Bartons capitall Messuages Farmes and demesne-Lands of Cliston and the members and Tenements thereunto annexed and therewith Set at a yearly Rent together with the Bartons capitall Messuages Farmes and demesne-Lands of Lymbury Keymel alias Keyham and Mountwise and Cadmansleigh shall not be leased and demised save for a rack and yearely Farme Rent, and not granted or disposed of for Lives or any terme of yeares determinable upon death of Persons for a Fine as the other mesuages lands and Tenements shall or may be, and out of such Rents Revenues issues profits and emoluments as shall be soe raised and advanced out of the Bartons Lands Tenements and farmes, and alsoe out of the said Mannors by fines for Leases and Demises as the same can or may be raised and advanced, that my said Debts and Legacies shall be forthwith satisfied and payd in manner and forme aforesaid,

And my will is, that my said Trustees and the Survivours and Survivour of them shall have full power authoritie and libertie by his and their Deed or Deeds, indented to grant lymit appoint Lease and demise the said premises or any part thereof ( Other then the said Capitall-Mesuages Bartons farmes and demesne-Lands of Cliston Keyham and Mountwise and Cadmansleigh, and the Lands and Tenements annexed and taken as parts thereof, and nowe in hand and set and used with them and every of them with their appurtenances to any person or persons whatsoever, in possession remainder or reversion for One two or three Lives or for nyntie nyne yeares determinable upon the death of One two or three Persons Soe do the Estates in any one parcell soe to be demised in possession or reversion doe not exceed three Lives at any one time in being, and soe as the ancient and accustomed Rents and Services nowe reserved thereupon or more, be reserved upon such Leases or a proportionable part thereof for the parcells respectively payable to them and him and their and his heirs in whome the fee of the said Mannors Lands Tenements and premises is and shall be vested and settled during the contynuance and Terme of such Lease and Leases respectively,

And I doe farther declare lymit and appoint, And my will is, that after all and singular the said Legacies Summes of money and debts (if any shall be) shall be payd and satisfied to all and every the said person and persons respectively to whome they are given or owing, either out of the readie money and debts w.th I shall have and leave behynd mee at the tyme of my death or shall be advanced or

raised

raised out of the Rents Revenues Fines issues and profits of and in the said Mannors capitall-Messuages Lands and Tenem.ts or any part or parcells thereof or shall be well and sufficiently secured to be payd unto all and every p.son and persons respectively at the times and in manner and forme aforesaid by him that shall be my heire at the tyme of my decease or at anytime after or to whome the Inheritance of the Premises shall or ought to come after ye said Legacies Debts and Summes of money shall be payd and satisfied, That then forthwith my said Trustees shall by good assurance in the Lawe and at the request and at the Cost and charges in the Lawe of him to whome the inheritance of the Premises shall first and immediately come, grant convey transferr and assure all and singular the said Mannors capitall Mesuages Bartons Farmes Lands Tenements hereditaments with all and every their appurtenances unto my Sonn Sr. William Morice baronet, To have and to hold unto him the said Sr. William Morice for and during the terme of nynety nyne yeares thence next ensuing, if hee the said Sr. William Morice shall soe long live without impeachment of or for any manner of [mast], And from and after the Expiration or sooner determination of the said Terme, then unto some person and persons by them the said Sr. Walter Moyle John Pole and Shilston Calmady and the Survivours and Survivour of them and his heires to be nominated and appointed for and during the life of the said Sr. William Morice, Upon speciall Trust and confidence, to preserve and support the contingent Uses and Remainder thereof hereafter in and by these Presents declared lymited and appointed, and to make Entry and entries to that purpose as occasion shall be and require,

And upon this farther Trust and confidence, that the said persons soe to be nominated and appointed as aforesaid their heires and assignes shall permit and suffer the said Sr. William Morice baronet and his assignes to take and receave to his and their use and behoofe the Rents Revenues and profits of all and singular the Premises during his life, And from and after the End and Determination of the severall Estates aforesaid, Then to the Use of William Morice Sonn and heire of the said Sr. William Morice Baronet and his assignes for and during the Terme of nynetie nyne yeares thence next ensuing, if hee the said William Morice soe long shall live without impeachm.t of or for any manner of [mast], And from and after the Expiration or other sooner determination of the said Terme, then unto some person or persons by them the said Sr. Walter Moyle John Pole and Shilston Calmady and the Survivours and Survivour of them and his heires to be nominated and appointed for and during the life of the said William Morice, upon speciall Trust and confidence to preserve and support the contingent Uses and Remainders hereof in and by these Presents hereafter declared lymited and appointed, and to make Entries and Entrie to that purpose as occasion shall be and require,

And upon this farther Trust and confidence, that the said Persons Soe to be nominated and appointed as aforesaid, their heires and assignes shall permit and suffer the said William Morice and his Assignes to take and receive to his and their use and behoofe the Rents and profits of the said Premises during his life, And from and after the Determination of the said Severall Estates aforesaid, then to the use of the first Sonn of the Bodie of the said William Morice lawfully begotten and of the heires-males of such Sonn lawfully issuing, And for default of such issue to the Use and behoofe of every the Sonn and sonns of the said William Morice lawfully begotten or to be begotten, and of the Severall heires males of their severall Bodies lawfully issuing, The elder of such Sonns and the heires=males of his Bodie being preferr'd before the younger allwayes and the heires=males of his bodie, And for default of such issue to the Use and behoofe of every

the

the Sonn and Sonns of the said Sr. William Morice baronet lawfully begotten or to be begotten, and of the severall heires-males of their Severall bodies lawfully issuing the elder of such Sonns and the heires-males of his Bodie being allwayes P'ferr'd before the younger and the heires males of his bodie,

And for default of such issue, then to my Sonn John Morice To have and to hold unto him the said John Morice and his Assignes for and during the Terme of nynety and nyne yeares the next ensuing if hee the said John Morice shall soe long live, without Impeachment of or for any manner of [mast], And from and after the Expiration or other sooner Determination of the said Terme then unto some person and persons by them the said Sr. Walter Moyle John Pole and Shilston Calmadie and the Survivours and Survivour of them and his heires to be nominated and appointed for and during the life of the said John Morice upon speciall Trust and confidence That the said Persons soe to be nominated and appointed as aforesaid their heires and Assignes shall permitt and suffer the said John Morice and his assignes (to take and receive) to his and their proper use and behoofe the Rents and profits of all the said Premises during his life, And fro and after the determination of the said severall Estates aforesaid, then to the use of the first Sonn of the bodie of the said John Morice lawfully begotten, or to be begotten and of the heires-males of such Sonn lawfully issuing, And for default of such issue to the use and behoofe of every the Sonn and Sonns of the said John Morice and of the severall heires=males of their severall Bodies lawfully issuing, the elder of such Sonns and the heires=males of his bodie being alwayes preferr'd before the younger and the heires-males of his bodie,

And for default of such issue, then unto my Sonn Humfrey Morice, To have and to hold to him the said Humfrey Morice for and during the Terme of nynetie and nyne yeares then next ensuing if hee the said Humfrey Morice shall soe long live without Impeachment of or for any manner of [wast], And from and after the Expiration or other sooner determination of the said Terme, then unto some p.son and persons by them the said Sr. Walter Moyle John Pole and Shilston Calmady and the Survivours and Survivour of them and his heires to be nominated and appointed for and during the life of the said Humfrey Morice upon Speciall Trust and confidence, that the said persons soe to be nominated and appointed as aforesaid their heires and Assignes shall permit and suffer the said Humfrey Morice and his assignes to take and receave to his and their proper use and behoofe the Rents and profits of (all) the said Premises during his life, And from and after the determination of the said Severall Estates aforesaid then to the use of the first Sonn of the Bodie of the said Humfrey Morice lawfully begotten or to be begotten, and of the heires=male of such Sonne lawfully issuing, And for default of such issue to the use and behoofe of every the Sonn and Sonns of the said Humfrey Morice and of the Severall heirs:males of their severall bodies lawfully issuing, the elder of such Sonnes and the heires=males of his Bodie being allwayes preferr'd before the younger and the heires=males of his Bodie,

And for default of such issue, then to my Sonn Nicholas Morice (To have and to hold unto him the said Nicholas Morice) for and during the Terme of nynetie nyne yeares next ensuing if hee the said Nicholas Morice shall soe long live without Impeachment of or for any manner of [wast], And from and after the Expiration or sooner determination of the said Terme, then unto some person and persons by them the said Sr. Walter Moyle John Pole and Shilston Calmady and the Survivours and Survivour of them and his heires to be nominated and appointed for and during the life of the said Nicholas Morice upon speciall Trust and confidence, that the said persons soe to be nominated and appointed as aforesaid, their heires and assignes shall permitt and suffer the said Nicholas Morice and his assignes to take and receave to his and their proper use and behoofe the Rents and profits of

all

all the said Premises during his life, And from and after the determination of the said Severall Estates aforesaid, then to the use of the first Sonn of the bodie of the said Nicholas Morice lawfully begotten or to be begotten, and of the heires-males of such Sonne lawfully issuing, And for default of such issue, to the use of every the Sonn and Sonns of the said Nicholas Morice and of the severall heires=males of their severall Bodies lawfully issuing, the elder of such Sonns and the heires-males of his Bodie being allwayes preferr'd before the younger and the heires-male of his Bodie, And for default of such issue, then to the right heires of mee the said Sr. William Morice forever:

And whereas alsoe I have purchased and taken a Lease of the Remainder and Residue of the Terme of One thousand yeares in the Mannors of South=Milton and Horswel aforesaid, with their Rights members Mesuages lands tenem.ts Rents Reversions and Services with the Appurtences, And likewise have bought and purchased a Lease and grant of the Remainder of a Terme of One hundred yeares, And another of the residue of a Terme of three hundred yeares in the said Mannors of Pawton Trefose and Ide, with their Rights Mesuages lands Tenements Rents Reversions and Services with the appurtenances and all and every of which Leases are granted to and settled in mee my Executors and assignes for and during the said Severall Termes and every of them,

Nowe I doe hereby give grant devise lymitt and appoint, that the Remainder and residue of all and every the said Termes of yeares in all and singular the said Mannors of South=Milton Horswell Pawton Trefose and Ide and all other the last recited Premises and every part and parcell thereof with the appurtenances shall goe with and followe the Fee and Inheritance of all and every the said Mannors respectively and [in use] and be to such person and persons their heires and assignes and to their use benefit and behoofe to whome I have by this my last Will either in possession remainder or reversion granted devised lymited and appointed the Fee and Inheritance of them and every of them respectively, and that the Rents issues and profits of them (and every of them) shall be payd converted imployed and disposed to such uses intents and purposes, and with and under such Trusts and in such manner and forme as I have before ordained lymited and appointed the fee and inheritance of them the said Mannors of South=Milton Horswell Pawton Trefose and Ide, and to and for noe other use behoofe and purpose; Provided nevertheless, and my will and meaning to, that it shall and may be lawfull to and for all my said severall Sonnes and for my said Grandsonn, and for the severall and respective issues males of their Severall and respective Bodies as they shall happen to be in Possession thereof at all and every time and tymes during their severall and respective naturall lives and Estates by his and their Severall and respective deed and deeds under their Severall and respective hands and Seales or by Copie of Court-Roll according to the Custome of the Severall and respective Mannors to grant demise lease set and let all and every the Mannors Lands Tenements and hereditaments herein before mentioned and lymited to their severall and respective uses and behoofes or any part or parcell thereof (the capitall Messuages Bartons demesne Lands and Tenements of Cliston alias broad Clist Keymell alias Keyham and Mountwise onley excepted) either of which notwithstanding may be granted, and it shall be free and lawfull for them and either of them and their and his heires to grant in and for a Joynture to any of their wives respectively, or to others in Trust for them for the Terme of the Life or lives of one two or three person and persons or for the Terme of nynetie nyne yeares determinable upon the death of One two or three person and persons in Possession Reversion or Expectancie

or

or for the Terme of One and twentie yeares absolute in Possession, soe that there be not at any one tyme in being upon any One Messuage or Tenement or any part of the said Lands soe to be leased as aforesaid respectively any greater Estate in Remainder Reversion or Expectance then for three Lives or for some Terme or number of yeares determinable upon the death of One two or three Persons, or for One and twentie yeares absolute in possession, and soe as upon all and every such Lease and Estate Leases and Estates that shall be made by the said Parties respectively by virtue of the Power herein or hereby given or intended to them respectively the ancient and accustomed Rents [heriots] and Services or more be therein respectively reserved and made payable during the Contynuance of the said Leases and Estates to be made unto such person and persons whome the immediate reversion of the said Lands Tenements and hereditaments Soe to be leased shall appertaine, or proportionable part thereof pro Rata, and soe as the Leases and estates soe to be made be not made dispunishable of [wast]:

And whereas alsoe by the same Deed indented I have conveyed granted assured and enfeofed to and in the said Sr. Walter Moyle John Pole and Shilston Calmady all that house commonly called the Church=house of or at Sutcombe in the Countie of Devon aforesaid with the appurtenances and all those Messuages lands tenements and hereditaments with the appurtenances called or knowne by the names of Upcot-Parkes Northcot and Viraworthy scituate lying and being in Sutcombe aforesaid, whereof the said Tenement of Northcot is nowe in the Tenure of John Mill, and that in Viraworthy is in the possession of the Relict of John Leonard, To have and to hold the same Premises and every of them with the appurtenances unto the said Sr. Walter Moyle John Pole and Shilston Calmady and their heires, and to the Survivours and Survivour of them and his heires, to like intent and purpose and upon like Trust and Condition as is before mentioned for and concerning the other capitall messuages Mannors Lands Tenements and hereditaments aforesaid (to wit) that they and the Survivour of them and his heires should grant convey lease and dispose of them and every of them in such manner and to such uses intents and purposes as I by my last Will in writing should lymit declare and appoint:

Nowe my will is, and I doe hereby lymitt ordaine and declare, that the said Church=house as, it is nowe new builded and inlarged shall be converted to and made to be an Almes-house (Soe) to contynue forever; and the said Upcot-Parkes to be forever annexed thereunto, and from tyme to time Set at an yearely Rent for such Terme and Termes to such person or persons at the best Rate and Advantage as shall be by my said Feofees, and the Survivour of them and his heires thought fit and convenient, and that out of the Rents issues and profits thereof six poore aged Persons to be named chosen and put-in by mee or him that shall be my heire and his heires, Or upon his or their refusall omission and neglect to doe it, then to be nominated chosen put-in by the Rector Church-wardens and Overseers of the Poore and Constables of Sutcombe aforesaid for the tyme being or the major part of them as there shall be any vacancie, And the said Rents issues and profits of the said Upcot=Parkes from time to tyme and forever hereafter to be disposed and applyed to the maintenance and Sustentation of the said Six poore People that shall be from time to time chosen and placed in the said house Successively as by the death of every of them and upon any Vacancie as there shall be occasion and to be equally divided among them, and weekly payd in such Proportion as the said yearely Rent shall extend reach and amount unto, And soe as alsoe the house and hedges and fences of the said Parkes be alsoe from time to tyme as there shall be need and occasion, sufficiently maintained and kept in good Repaire by and out of the said Rent, And that as any of the said six poore People shall happen to dye, that then Others from tyme to tyme shall be successively chosen in their roomes

and

and places in manner aforesaid, and be accordingly [susteyned] as aforesaid, But my will is, that noe married Person shall be chosen and placed to be maintained in the said house, And I desire and hope that my heire and his heires shall and will from tyme to tyme and at all tymes hereafter take care that the said house be kept in good Repaire, And that the said Parkes be carefully and honestly set to the best rate and benefit, And that the Rents revenues and profit, thereof be duely and rightly disposed and distributed in such manner and to such uses intents and purposes as aforesaid:

And because I am convinced, that the Rents issues and profits of Upcot=Parkes alone will not extend or suffice to make upp and be a competent maintenance for six poore People in the said Almes-house, Therefore my Will is, and I doe give grant ordaine and appoint, that an Annuitie or yearely Rent of twentie pounds lawfull English money shall be charged upon and be Quarterly by equall portions payd out of the Annuall Rent of fortie seven Pounds three Shillings and six Pence due and payable unto mee Out of the Rectorie and Sheafe of broad-Clist lately purchased by mee from the Trustees for Sale of his Majesties Fee-farme Rents and nowe annexed and appendant to my Mannor of Cliston aforesaid, and the said Summe of twentie Pounds to be for the Increase and inlarging of the maintenance of the said six poore People by my said Feoffees whyle their Interest and Estate shall indure and contynue, And afterwards by him and them who shall have the Estate of Inheritance in the same Premises, and the same to be distributed weekly by even portions among the said Six poore People, and in such manner as is formerly lymited and appointed for and concerning the Rents and profits of Upcot-Parkes, And this Annuitie to remaine contynue and be untill I (or if I doe it not in my life tyme) then untill my said Feoffees out of the moneys advanced or to be advanced by and out of (Ye) Rents issues and profits of the said Mannors messuages Lands and Tenements hereby intrusted granted and conveyed unto them or those to whome the inheritance of the Premises shall come shall purchase Lands Tenements or Tythes of the cleare yearely value of twentie pounds, and shall convey and settle the same in Fee forever by good and sure Conveyance in the Lawe for the better Livelyhood and maintenance of the said six poore People and such as shall from tyme to tyme succeed them in the said Almes=house, and to be payd and distributed in manner and forme aforesaid;

And my will farther [...one] of these poore People soe to be chosen as aforesaid, shall be a man able to read, and shall be obliged to read Prayers out of some Prayer Booke every Day both Morning and Evening unto the rest of the said poore People in the said Almes=house, and hee to have twentie Shillings yearely and Quarterly to be payd by equal portions besides his weekly Pay for doing this Dutie, if hee constantly doe it.

And because for the inlarging of the said Church=house, and making it capable to receave and hould Six poore People some part of the said house doth stand upon the, [wasts] or Commons of the Mannor of Sutcombe, which was formerly intayl'd and settled upon my eldest Sonne and his heires with other Remainders, which may in Strictness and rigour of Lawe disturb and overthrow the said new Buildings, Therefore my will is, and I doe hereby declare lymit and appoint, that in case of such disturbance (if it shall happen) that then the said Sr. Walter Moyle John Pole and Shilston Calmady and the Survivours and Survivour of them and his heires shall have hold stand and be seised of and in the said two messuages Lands and Tenements of Northcot and Viraworthy with their and every of their Appurtenances to the use and behoofe of the said six poore People there settled and to be mainteyned forever, and for the benefit of the said Almes=house, and the

Rents

Rents issues and Profits of them and every of them to be disposed distributed and added to the former maintenance of the said poore People by equall and even Parts soe to be chosen and settled there as aforementioned, And alsoe that my said Trustees shall have power and libertie to demise lease and grant the said two Tenements lands and hereditaments of Northcot and Viraworthy to any person or persons in such manner and for such Estates as is formerly lymited declared and appointed for and concerning the other Mannors and messuages by this my last Will; But if neither my Sonne nor any of his heires, nor any in remainder of them shall quarrell pretend unto or disturb the Possession of the said house soe new-built as aforesaid, but permit and suffer the same to be enjoyed and quietly occupied accordingly as I have hereby ordained and granted, that then and untill such quarrell and disturbance shall be made my said Trustees shall stand and be seised of and in the said two messauges Lands and Tenements upon the same Trusts, to the same uses, and with Conditions and lymitations as they have hold and possesse the said other Mannors messuages lands and Tenements hereby ordained lymited and appointed as aforesaid:

I doe farther devise bequeath and commend unto all my Children the Feare of God, which being the best Inheritance and Patrimonie, I shall desire and labour to intaile upon them by my Exhortations and Prayers; And I doe commend and enjoyne them to set a part dayly at Morning and Evening some tyme constantly to Seeke God in private, to learne his mynd revealed in his Word, and open their mynd to him in Prayer, whereof they will infallibly fynd the happie fruit and blessed effect in the Blessings of this life, and Blessedness of the next, Pietie having the Promises of both, and God will be their immortall Father to provide for them if they shall be borne againe of incorruptible seed the word of God, and be regenerate by his Spirit, And I shall particularly recommend and charge them to be kyndly affectioned, and firmely knit by love each to other and to eschew and abhor (as I thanke my God they doe) that vicious Excess of Drinking, and great Vanitie of frequent and customarie Taking of Tabacco wherein this Age and this Land are too obnoxious and culpable:

And in confidence that my Sonne Sr. William Morice will performe and doe what I adjure him by all Obligations of filial Pietie, and by the Expectation of a Blessing upon himselfe and his Children, That hee would not omit to doe and performe that hee be kynd and helpfull to his Brothers and Sisters, and recompence to them the Love which I have shewed him first and last, having formerly done that for his preferrment what was more Sutable to faith then reason, and more then my Estate then with respect to my many other Children, could at that tyme have rationally admitted:

And in this confidence of his Complyance and (upon) Experience of his good nature and dutifulness I doe Ordaine and appoint him to be Sole Executor of this my last Will and Testament:

And hee that is my hope the Lord God who hath beene my Trust from my youth, by whome I have beene holden-upp from the wombe, hee that tooke mee out of my Mothers-Belly, of whome my Praise shall be contynually, who I trust will not cast mee off in my old Age nor forsake mee when my strength faileth mee, but when my strength and my heart faile will be the strength of my heart and (my) Portion forever, to whome I hope to goe with comfort, and by him to be receaved into Glorie through the merits and Satisfactions of Jesus Christ imputed freely by God, and apprehended onely by Faith:

Let it please him to blesse the house of his Servant, that it may contynue forever before him and with his Blessing let the house of his Servant be blessed forever.

This is my last will and Testament written with my owne hand, and consisting of two Skynns of Parchment, In whereof I have thereunto set my hand and seale The tenth Day of December in the twentie Seventh yeare of the reigne of Our Soveraigne Lord King Charles the second A. D. 1674: Will Morice; Declared signed

and

and sealed in presence of : Will Byle: Edmond Yeo: John Wood: Joseph Kittowe:

Probatum: In Latin . . .