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Norfolk Wills: Woodrising

Transcription Copyright © Paddy Apling, June, 2003.

The Will of David Hughes
of Woodrising

30th day of December 1609

In the Name of God, Amen

I, David Hughes of Woodrising in the County of Norfolk, gentleman, being of good and perfect remembrance and health, thanks be
To Almighty god, do make this my last will and testament in manner and form following, viz. First, I bequeath and commend my soul to the hands of Almighty god beseeching him in the merits and mediation of his dear son Jesus Christ who hath redeemed me with his precious blood to receive it, to his mercy, and my body to be buried in the Church of Woodrising near unto the grave of my nephew William Prichard in the middle aisle of the church, in case it shall please God that I shall depart this world in this County of Norfolk, otherwise, where I shall happen to die, at the discretion of mine executors. And concerning my worldly substance, my will is as followeth, First, whereas there is a house, lately builded at my cost, upon a parcel of ground, lately purchased by me of one Roland Thickness, in the town of Beaumaris in the County of Anglesea near the Castle Ditch there. My will is that the same be for ever according to my purpose, at the building, thereof, left and used for a free grammar Schoolhouse and so remain, from time to time, for ever. Towards the furnishing thereof, with glass, forms and seats, and all things thereto necessary, and the perpetual continuance thereof, in necessary reparations, and for the endowment with revenue of sufficient maintenance of ma... and all Scholars, qualified as shall hereafter expressed, to take upon them, charge of teaching children in the places of Master and usher in the said School. I do, by this my last will and testament, devise give and bequeath unto my wellloved friends, the Reverend Father in God Henry Rowlandes, now Bishop of Bangor, the Mayor of Beaumaris for the time being, Sir Richard Bulkley of Beaumaris, knight, William Jones of Castle March in the County of Caernarvon, esquire, William Bowld the younger of the town of Caernarvon, esquire, Peirce Lloyd of Gwredey[?] in the County aforesaid, esquire, Rowland Whitt[?] of Beaumaris in the County aforesaid, gent., Hugh Wood of Taly Llyn in the County aforesaid, esquire, Rowland ap Harry Wynn of Penmon in the County aforesaid, gent., and William Lewes (of) Chowraen[?], esq., all my lands, tenements, hereditaments, reversions, (?) terms of years whatsoever in the County of Anglesea, to them, their heirs, executors and administrators for ever. To th'intent and purpose that all the profits coming of the same shall be wholly employed and bestowed in sort hereafter declared. To wit, that the Schoolmaster there may have yearly a Stipend of forty marks of lawful English money to be paid him quarterly by even portions at the four most usual Feasts of the year, and the Usher, twenty marks by the year to be paid quarterly at the Feasts aforesaid, in manner before aforesaid. Item, my will and intent is that my foresaid Feoffees to whom my devise is made as aforesaid [that] my Feoffees according to the confidence and trust above rehearsed. And that after the death of my said Feoffees, so as there shall be remaining the number of six, at the least, the several of the persons and Feoffees, aforesaid, shall convey all the premises to be purchased to[?] said to the use of themselves and other meet persons to be named by them, or the most part of them, and of all their heirs, to the intents and purposes aforesaid. And mine intent and meaning is that they, my said Feofees shall, from time to time, take order that there be not less than six, at the least, alive at once in Feoffment of the same, to the intents and purposes of aforesaid. And shall, from time to time, likewise provide that when the said Bishop of Bangor shall die or be translated, that the said Feoffment shall be ...wed so as the successor of the said Bishop in his ..all capacity shall be made one of the said Feoffees to the intents and purposes aforesaid. Item, my meaning and intent is that the nomination, election, placing and deprivation of the Schoolmaster and usher shall be, from time to time, in the said Bishop and the rest of the Feoffees for the time being in form aforesaid, and of the most part of them, for ever. But so that if the voices be equal, that the side which the Bishop shall be of, to have the nomination and election of the said Schoolmaster and usher and either of them. But the correction and deprivation of either of them not to be but by one odd voice at the least. Item, my meaning and intent is that the Schoolmaster shall be a single man, unmarried, and a Master of Arts, at the least, of the university of Oxford, meet, able, and sufficient to teach the Scholars, from time to time, being in the said School. And the usher likewise, to be a single man, unmarried, and a Bachelor of Arts of the same university or else a man known to be meet, able, and sufficient for the place aforesaid. And that all elections and nominations of any man to be either Schoolmaster or usher married and not qualified, as is aforesaid, shall be void and of non-effect. And further, if either the Schoolmaster or usher do marry after they be nominated and elected to this place of teaching, mine intent and meaning is that he or they, so married, shall be removed. And that if my said Feoffees do not, within six months after the death, deprivation, cession, avoidance and departure of either the Schoolmaster or usher, put in another, or put in one not qualified as aforesaid, that the Bishop(s) of Saint Asaph and Chester, for the time being, or one of them, shall for that time only that such default shall be, made by his or their writing under their seal put in a Schoolmaster or usher, as the case shall fall out. But always unmarried, out of the university of Oxford and qualified as aforesaid, otherwise the Feoffees to proceed to a new election, in form and order before rehearsed, and not otherwise. Item, I will and mine intent and meaning is that my Feoffees, from time to time, being according to the true intent and meaning aforesaid, or the more part of them, whereof the Bishop of Bangor to be one, from time to time, shall have power to establish and set down orders & rules for the better government of the said School, Schoolmaster, usher and teaching of the Scholars, and the same to amend, convert, alter or revoke, as they or the more part of them, with the advice and consent of the Bishop aforesaid, shall ... good which orders and rules I will, shall be observed and kept. Item, my will and meaning is that once in the year on Thursday in the Easter week for ever, the said Feoffees, for the time being, or so many of them as conveniently may, shall yearly meet at some convenient place in the town of Beaumaris to be appointed by the Bishop of Bangor, for the time being, or in his absence, by the Mayor of the same town of Beaumaris and have their convenient diet for one dinner there, to be provided for them at the charges of the overplus of the revenues of the premises to be as is, aforesaid, purchased, there to confer about[?] all causes necessary for the maintenance and good government of the said School in good order and for the reparations of the said School and Schoolhouses and Correction of the said Schoolmaster and usher, as is aforesaid, and for the well disposing and ordering of the profits and revenues of the premises to the purposes aforesaid. And also my will is that upon the said Thursday in Easter week yearly, for ever, a preacher be appointed by the Bishop of Bangor, for the time being, or in his absence, by the said Feoffees or four of them, to preach one Sermon in the town of Beaumaris and to have, at the hands of my said Foeffees, for his pains, (in case he be a Scholar brought up in the said School), twenty shillings of lawful money of England. And if he be not of the foundation of the said School, thirteen shillings four pence, which said Sermon to be continued upon the said Day, from time to time, for ever. Item, my meaning is, if any overplus shall remain after the said charges defrayed, and reparations made, and other charges in Law (if any shall happen) paid, the overplus to be employed to good and godly uses, as especially to help forward some one or two of the poorest Scholars brought up in the said School, with some twenty shillings or more a piece at the discretion of the said Feoffees towards their travail and setting forward to the university or any other trade or occupation whereunto they shall be most apt and inclined. Provided always, and my meaning is that no Feoffement shall be made by this my last will and testament against the Laws of the Realm or whereby any mortmain shall be committed or any other advantage taken, whereby the profits of the premisses may not be bestowed according to the true intent and meaning before, in this my last will and testament, declared. Item, mine intent and purpose is that my Feoffees shall erect an Almshouse in Llamrarch y meth[?] in the County of Anglesea near the Church there, fit for the condition of poor impotent persons viz: to contain, in length, eight several rooms at the foundation under one roof, and so many above, parted a sunder with partition, with doors and chimney to each room, and the same to be perpetually endowed with Lands bought with the same to the clear yearly value of thirty pounds of lawful money of England, by the year, in fee simple in Socage tenure as is aforesaid within the County aforesaid to remain in perpetual Feoffment to my said Feofees to the use of them and their heirs to the intent and purpose that all the profits coming of the same shall be wholly employed and bestowed in the building of the said Almshouse and exhibition of poor people in sort hereafter declared. To wit, that my said Feoffees or the more part of them shall, from time to time, for ever, place in the several rooms, aforesaid, according to their discretions setting aside all favours, respect, kindred, and all partiality, eight poor old, impotent persons of honest name and such as live in the fear of god, without the touch of any public or noted crime, allotted.to each one, his several rooms, under and above, during his life. And also fifty shillings of lawful money of England to every of the said poor men to be paid by the hands of my Foeffees to order amongst themselves for ever, in manner and form following, viz: to each of the said poor men, upon the Feast of Saint Thomas Th'apostle, twelve shillings five pence. And so likewise upon Maundy Thursday, Whitsun eve, and Michaelmas eve, for ever. And also at the Feast day of Saint Thomas Th'apostle, aforesaid, yearly, to each of the said eight poor men six yards of good white frieze to make them gowns, over and above the said stipend of fifty shillings for ever. The residue, that shall remain, to be expended in necessary reparations yearly, and to be distributed to the poor of the parish of Llan y Tri Saint at the Feast of Easter yearly after the accompt, cast up where there shall appear to be greatest need, for ever. Item, my will and meaning is that the said poor men, to be placed in the said Almshouse, shall be, from time to time for ever, elected in manner and form following, viz: out of the parish of Llan y Tri Saint, where I was born, three; out of the parish Rhodegoodro[?], two; out of parish of Llechekenfarmy, two; And out of Gwredog[?], one, provided always, and it is my will and meaning, that the said poor men, so elected and placed into the said Almshouse, shall exercise themselves devotely in the favour[?] of god. And that if afterwards any of them, so placed as aforesaid, shall be complained of to my said Feoffees, or some of them, or otherwise be known or detected to be given to drunkenness, to frequent the alehouse, to use swearing or cursing, or not in due time to report to his lodging, or remiss or negligent in repairing to the church on the Sabbath days and other times appointed for divine service, or else found culpable in any other notorious crime, there my will is, and that also I do specially require that, warning be given for the first fault by my said Feoffees or some of them, that the party so offending shall reform his fault which, if he do not reform, then upon the second complaint or detection of continuence of wilful offence, my will is that the party so offending be sequestered from his pension one whole year, the same to be for that time distributed to the poor at the discretion of my said Foeffees, or four of them, at the least. And if not withstanding, the party delinquent shallest soon fall again to the life [of] disorder, contemning the said warning, and second censure as aforesaid, then my will and meaning is that the third time that any of the said poor old men shall be so detected, my said Feoffees or four of them, at the least, upon perfect knowledge and proof of the said offence, shall remove and expel the said party so offending out of the house and utterly take from him the benefit of the said pension*... ^ * and proceed to the Election of another meet person, part of, out of, the parish aforesaid to receive the said pension ... and be placed in his room as if he had never been thither formerly elected. Item, I give and bequeath unto my good friends Gregory Pagrave th'elder of Thuxston in the County of Norfolk, gent., fifteen pounds. And to Alexander Duke of Woodrising, aforesaid, fifteen pounds of lawful money of England, besides all charges as well, in proving this my last will & testament and also all other charges, what so ever. Item, mine intent and meaning is that all the rest of my goods, leases, lands and chattels, whatsoever, not before bequeathed or appointed to the uses aforesaid, shall be given to my said Feoffees for my School to this intent and purpose. That my said Feoffees shall purchase lands, with the same, so far as the value thereof shall extend, and the same lands to remain in perpetual Feoffment as is before expressed, for the School. To the intent that my said Feoffees shall therewith provide in some college, in the university of Oxford, so many Fellowships as the said goods shall amount to, unto, according to the discretion of my said Feoffees. And I do appoint and make my trustees and wellbeloved friends, Mr. Gregory Pargrave th'elder and Alexander Duke aforesaid, mine executors of this my last will and testament In witness whereof I have hereunto set my hand and seal the day and year first above written. Da: Hughes sealed and subscribed in the presence of Michael George, Robert Jones his mark, Robert Bywater's mark, William George

A Codicil

Noncuperative to be annexed to the last will and testament of David Hughes of Woodrising in the County of Norfolk, gent., deceased

Memorands

That the said David Hughes upon the Eleventh day of February, being the day before his decease, did will and dispose certain legacies to his several friends in manner and form following, or to the like effect, viz: he gave and bequeathed to his very kind and worshipful friend, William Jones of Lincolns Inn, esquire, the sum of thirty pounds of lawful money of England to be paid unto him by his executors immediately after his decease to the end that he might, by his advice and council, direct his executors in the performance of his will according to law and be assisting unto them in the disposing of his other legacies mentioned in his will. Item, he gave and bequeathed to Martha Hughes, a daughter to Mr. Owen Hughes of Whinbergh, thirty pounds towards her preferment in marriage. Item, he gave and bequeathed to John Prichard, his nephew, thirty pounds of lawful money of England to be paid unto him within one whole year next after his decease. Item, he gave to every one of the brethren and sisters of the said John Prichard, which should be living within one year next after his decease, ten pounds a piece of lawful money of England to be paid them likewise within one year next after his decease. All which said legacies in this Codicil noncuperative contained he willed and devised to be deducted and defaulted out of the legacy of all those the rest of his goods which by his will and testament in writing he intended and meant should be given to his Feoffees or Devisees named in his said last will and testament in writing (any word, sentemce, or thing in the same last will and testament contained to the contrary notwithstanding.[)]

Probatum

The above written will with codicil was proved before the lord at London ... before John Benett ... Gregory Pagrave and Alexander Duke, executors ... were given administration ... seventeenth day of the month of March in the year of our Lord 1609[/10] ....

Transcription Copyright © Paddy Apling, June, 2003.

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