1640 Will

[Peter Cockerill]

Dear Friends

Can anyone help decipher/transcribe a 1640 Will. It is about a page and a half.

Thank you so much

Peter

[BumbleB]

I would suggest that you post at least the first few lines/half page, and that may encourage responses!  RootsChatters do like a challenge, but they also like to see the query!!

[Peter Cockerill]

Dear BumbleB

Thank you for your kind suggestion. I attach an extract of the Will and would be so grateful for any help. Best wishes

Peter

[goldie61]

In the name of god amen the therd day of november 1640 I Raphe Gardner of Clowdwood
w(i)thin the County of Stafford yeaman being not well in body yet of p(er)fitt mynd & memory laud & praise
be given to god therefore wayinge and co(n)sideringe the fraile estate of mankind knowinge that
death is Certayne and the hower thereof most uncertayne I therefore make and ordaine this my
last will & Testament in mannar  and forme followinge It(em) I give and bequeath to Jane my
wife the moyite of my messuage and ^the moyite of ^ all my lands in Clowdewood w(i)th the apurtenances
dureringe her natureall life It(em) I give to Jane my wife six blankettes tow bedhillinges foure
boulsters foure pillowes tow fetherbedes and the louse fethers one payre of Bedstockes It(em) I give
unto my daughter ^Marie^ tenn poundes ayeare forth of Hicksonfeeld dureinge her naturall life & uppon
the default of not payment thereof to Enter uppon the sayd Hicktonfeeld and the sayd Rent
to be payde at midsomer and martlemas by equall portions It(em) I give unto my daughters
Elizabeth Garner Jane Gardner and Lydia Gardner (Ev)rye one of them one hundred poundes
a peace to be payde when the(y) shall accomplish the age of twentie one yeares of age and my
will  and mi(n)de is that if any one of these die before the(y) Come to the age of twentie one yeares
that then the porcion to be devided  betwixt the the other tow sisters, also it is my will
and mynd that if Jane Gardner my wife chance to die before my sonn Thomas shall com(e)
to the age of twentie one yeares that then her Joynture shall goe to the augementing of
of my three Daughters porcions Elizabeth Jane & Lidia untill my sonn Thomas com(e) to his
age It(em) I give full power and authoritie to my Executors to lease for three lives one Tenement
wherein John Winchester nowe dwelleth lyinge in Hassellwood w(it)hin the countie of Staff -
ord towards the payment of the sayd three hundred poundes to my three daughters afforesaid


'Bedhillings' were the furnishings for beds
'Bedstocks' were the actual framework of the beds.
One suspects 'louse fathers' were the spare 'loose' feathers.

'Martlemas' would be Martinmas - Nov 11th

I think it's a 'lease for three lives' - I don't see what else it could be.
There is a bit of a crease on 'lives'.
Leases for three lives were common practice. They were long term leases - the lessee nominated three names - often those say of themselves and their sons, so that the lease stayed in the family for a long period of time. When one of the named leaseholders died, further names were often added on. 

[Peter Cockerill]

Dear Goldie

You have been so kind to do this for me thank you, I am most grateful.

I will now try to see if I can decipher the rest. May I come back for your help if needed, there is about one page altogether still to do?

Many thanks for your kindness
Peter

[goldie61]

I will now try to see if I can decipher the rest. May I come back for your help if needed, there is about one page altogether still to do?

Of course! Happy to help 

[Peter Cockerill]

Dear Goldie61

I have tried very hard and managed to transcribe quite a feew words thanks to your work. But I fear there are too many mysteries left for me to resolve particularly the proper nouns with their capitals.

If you are able to translate the remaining parts attached I would be grateful. However if you only haave time to do the proper nouns that would be a great help. I cannot thank you enough for this generous help.

Very best wishes
Peter

[goldie61]

It(em) I give to Thomas Gardener my sonn all my messuages landes and tenements w(i)th the heredi-
taments thereunto belonginge and also all my Tythes lyinge w(i)thin the County of Stafford to him
and his heires for ever ^ to to Enter at the age of one & twenty yeares^ also if my sonne Thomas die before he ateane to the age of twentie
one yeares w(i)thout heires of his bodie then livinge then I give all my mesuages landes and
Tenements w(i)th all my Tythes to Lidia Gardner my daughter and her heires for ever payinge
Elizabeth Gardner and Jane my daughters either of them one hundred poundes It(em) I give
to Thomas Gardener my sonn eight poundes a yeare till he come to twenty yeares of age and
after twelve poundes a yeare till he come to one and twentie yeares of age also I give to Elizabeth
and Jane my daughters ^either of them^ three poundes a yeare till the(y) come to the age of Twentie one
yeares xxxxx It(em) I give to my daughter Lidia six poundes ayeare till she come to the age of
fifteen yeares & three poundes after yearelie till she come to the age of twentie one yeares
It(em) my will is that if my daughters xx are ded before Thomas Gardner my sonn doe
come to one and twentie yeares of age then it is my will and mynd that my executors shall
have the Rent of tenn poundes a yeare issuinge out of Hicktonfeeld towards the payinge
of three hundred poundes to my three daughters aforesiad It(em) I give full power and authoritie
to my Executors to lease one messuage x tenement for three lives to Edmund Shriglie (?)
for w(hi)ch he hath nowe compounded w(it)h me for to give a hundred poundes to be payd to
my executors It(em) I give unto Robart Gardner my kinsman fortie shillinges w(hi)ch he oweth
me also I give to my Cosen Raphe Hommerslie of Congleton the sute of ap(ar)ell w(hi)ch I
nowe weare and my Rideinge Cote It(em) I give to Mr Addames & to xx Mr Hommerslie eit(her)
of them tenn shillinges to make tow sermones at Rushton Chappell


Also I give to John Tayler my man a greene payre of Briches & a green dublett
It(em) I give to Edward Hamand my man my ould brode Clothe sute also I give my sonn
Thomas a lierrie(?) Cubbard standinge in the parler It(em) I give to Jane my wife all my lynnins
It(em) I give unto Thomas Horderne and Raphe Adderlie the younger either of them fortie
shillings whom I make Executors of this my last will and Testament and alsoe I desire
my uncle Thomas Hommerslie & my Brother in law Raphe Smyth Francis Gibson and
William Stonhewer to be ov(e)rseeres of this

Sealed & deliv(er)ed in the p(re)sents
of us

Raphe Smythe
William Stonhewer                                                Raphe
Francis Gibson                                                         Gardner
Fran:  Stockland(?) senior
John Jackson




'ateane' = attain
'brode cloth' = broad cloth


The last part in Latin is the granting of probate.
Dated 24th December 1640
Thomas Horderne and Raphe Adderley are the Executors.
It looks as thought there is a little bit about providing education for the children - Elizabeth, Jane, Thomas and Lidia.

If a Latin expert doesn't pick this up, you could attach just that bit to a new post with a heading 'Latin probate' - that way somebody who can translate it might see it.

[Bookbox]

The last part in Latin is the granting of probate.

There is no probate. The will could not be proved because the executors declined to act. Instead, it’s a grant of administration, incorporating a tuition bond.

24 December 1640
Let there be Administration of the goods that belonged to the abovesaid deceased, according to the tenor of the above-written will, to Richard Corne, attendant of the said deceased, Thomas Horderne and Raphe Addeley (the executors named in the same will) having renounced etc. in their written statement annexed to these presents; also to the same Richard, (a grant of) protection for the education of Mary, Elizabeth, Jane, Thomas and Lydia, the natural and lawful children of the said deceased, during their minority etc.
The said Richard Corne of Little Madeley in the county of Stafford, yeoman, and Richard Corne of Great Madeley in the said county, yeoman, were bound.
Inventory to be submitted before the next Feast of the Annunciation.
Richard Corne was sworn before me, James Povey, deputy.