Will of Henry Somerscales of Langcliffe, 1609
University of York ref v31 f193
T[estamentum] Som[er]scales
[Will of Somerscales]
In The name of God, Amen, the Fourtenth day of September in the yeare of o[ur] Lord God one thousand six hundreth and nyne, and in the seaventh yeare of the reigne of o[ur] most gratious sov[er]agne Lord James, by the grace of God, King of England, France and Ireland, and in the thre and fortieth yeare of his Highnes reigne of Scotland, defendo[ur] of the Faith etc,
I, Henrie Som[er]scales, of Langcliffe in the countie of Yorke, gent, deceased and sicke in bodie, but of good and p[er]fect remembraunce, praised be God, do make this my last will and testament, herebie revoking all form[er] willes by me made.
And now therefore First I commend my soule into th’andes of almightie God, trusting through the m[er]ittes and m[er]cie of my sweete savioure Christ to be made p[ar]taker of Eternall ioy in heaven, desiring him to p[ar]don all my offences,
And for my bodie, I will that the same be buried in Giggleswicke church yard, in the place where my father was buried, and a stone to be laid ov[er] us at the discrec[i]ons of my executors hereunder named.
It[e]m whereas God hath blessed me w[i]th one sonne and five daughters, First as concerning my sonne, If it may please the Kinges Ma[jes]tie and the right Honorable Lord Treasurer to graunt his wardshipp, being but of a small messuage, of the ancient rent of 24s, unto his mother, upon some reasonable composic[i]on, w[hi]ch I most humblie pray and beseach at theire gratious handes, then my hartie desire is to have him brought upp in learning, and if he be found capable of good literature, and that his mynd be to goe to the univ[er]sitie, and to make learning his best p[re]ferment, my desire is to have him mainteyned therein so farr Furth as that I shall p[rese]ntlie leave him shall extend, and if that will not be sufficient, I hope my wife togeither w[i]th my executors shall supplie his wantes therein so long as need shall require.
And if so be that my wife cannot in some reasonable sorte Compasse the wardshippe and gov[er]nment of her sonne, then I co[m]mend her under God to the educac[i]on of his govern[er]s, humblie beseaching them to see him vertiouslie brought upp in the feare of God, to extend theire favorable kindnes towardes him.
Furthermore if it please God my wife gett the wardshipp as aforesaid, and that my said sonne goe not forward in learning according to my hartes desire, then my mynd is to have him trained upp, either in the lawes of this land or in some comendable trade of life, at the discrec[i]on of my Freindes hereunder named.
And for his maintenance in any of these Courses I leave unto him by this my last will one Full third p[ar]te of all my messuage and landes at Stockdale.
And also whereas I have a rent charge of 23s 4d issuing out of the messuage and tennement now in th’occupac[i]on of Hugh Ivesonn, I give and bequeath the same unto my said sonne, togeither w[i]th the benifitt of all such covenantes as on the behalf of the said Hugh ar to be p[er]formed according to an Indenture of bargaine and lease made unto him of the said messuage and tennement, w[i]th th’appurten[au]nces by me, the said Henrie, as by the same may appeare,
Will of Henry Somerscales of Langcliffe, 1609
University of York ref v31 f193
And whereas I have graunted and conveyed ov[er] my title, interest and terme of yeares of in one messuage and tennement, w[i]th th’appurten[au]nces, in Gargrave, late in the possession of Thomas Thomkinson, and of a cottage and two toftes, w[i]th th’appurten[au]nces, in Gargrave also, and certaine Co[m]mon of pasture ground upon Mallham Moore, to Thomas Prockter of Cowp[er]cote, gentleman, Arthure Som[er]scales clerke, Rob[er]te Bankes, gentleman, and Thomas Preston of Appletreewicke younger, and to theire assignes, by my deed in writing bearing date w[i]th this my will, my will is, and I ordeyne, that they, the said Thomas Prockter, Arthure Som[er]scales, Rob[er]te Bankes and Thomas Preston, whome I have chosin as Friendes in trust for this purpose, shall sell all the same p[re]misses for and towardes the payment of my debtes and for and towardes the payment of my debtes and for and towardes the payment of such porc[i]ons to my daughters as I do herebie lymmitt to them,
That is to say, to Anne, Susan and Claramond, each of them one hundreth poundes, and to Jane an hundreth m[ar]kes,
And if the money to be raised thereof, togeither w[i]th such debtes as are owing unto me, and such money as wilbe raised of goodes sold and to be sould, will not satisfie the said debtes and porc[i]ons afore menc[i]oned, then my will is that so much as shalbe awanting shalbe raised out of such lease bearing date also w[i]th these p[rese]nce, and I have graunted and made to my said Freind in trust of the third p[ar]te of Stockdale.
And also whereas I have leased to them my growndes in Longcliffe, I will that the proffittes of the same during the said lease, being for twelve yeares, shall at the discrec[i]on of my said Freindes be imployed towardes the maintenance of my house at Longcliffe and of my children whilst they be unp[re]ferred, and after th’end of the said twelve yeares I bequeath all my groundes in Langcliffe w[hi]ch I hold by lease or estate for yeares, and all my title, interest and estate therein, to my said sonne Thomas and his assignes, alwaies reserving a third p[ar]te thereof to Jennet my wife for the terme of Fiftie one yeares if she so long live.
It[e]m whereas I have Compounded w[i]th Lawraunce and Rob[er]te Swainesonn for my messuage or dwelling house, and the howses, garthes and groundes thereto belonging in Langcliffe, whereof I have as yet no assurance, I will the same may be assured conveyed for the whole interest and terme therein to my said foure Freindes in trust before named, and to theire assignes, And that the proffittes of the same may be imployed for the twelve yeares towardes the maintenance of my wife and children, and that the remainder and Residew of the terme of yeares and estate afterwardes shalbe conveyed ov[er] by my said Freindes in trust to my said sonne Thomas Som[er]scales and to his heires and assignes,
So as the said Thomas Som[er]scales, his heires and assignes, do pay such somes of money to his sisters Bridgett and Anne, and in such sorte as hereafter by this my last will I have lymitted and enioyned him to pay, reserving to my said my wife a full third p[ar]te thereof for the terme of Fiftie one yeares, If she so long live.
Also whereas I have conveyed unto my daughter Bridgitt and to her heires and assignes for ev[er] the advowsonne and p[er]pituall p[re]sentac[i]on of the vicaredge of Gargrave, I do hereby confirme her graunt thereof.
And also I do lymitt and bequiethe unto her fortie poundes out of my said leases and groundes to be sould, ov[er] and besides twentie poundes in goodes w[hi]ch I have alreadie given and bequeathed unto her.
Will of Henry Somerscales of Langcliffe, 1609
University of York ref v31 f193
It[e]m my will is that my sonne Thomas, when my said messuage, w[i]th the appurten[au]nces, in Langcliffe shalbe assured to him as above, shall pay and yeild to his said sister Bridgitt fortie poundes, and to his sister Anne twentie poundes, to better theire porc[i]ons therew[i]th.
And if my said sonne Thomas die w[i]thout issue before he come to age of one and twentie yeares, or at any tyme afterwardes, Then I will that my said daughters each of them shall have an equall p[ar]te and porc[i]on of and in all my landes, leases and goodes at the discrec[i]on of myne executors and said Freindes in trust.
And also my will is, and I charge my said sonne Thomas, that he do not sell any such landes or leases as by these p[rese]ntes are bequeathed or as shall descend unto him, to hinder and avoid the Further p[re]ferment of his sisters w[hi]ch they might have made if he should die w[i]thout issue.
And whereas I have right and interest in the moitie or half of the Rectorie or p[ar]sonage of Gigleswicke for sixe yeares or theire aboutes, the other moitie thereof and the rev[er]c[i]on and inheritaunce afterwardes being in S[i]r Richard Williamson, knight, I do by this my will Earnestlie desire and pray that the said S[i]r Richard wilbe favorable and deale well w[i]th my executors in the enioying thereof for the good of my children, wherein I trust he will use a good conscience.
It[e]m I give to the poore of this p[ar]ish fortie shillinges.
It[e]m I do herebie appoint and ordeyne my loving wife Jennett Somm[er]scales, my brother Mr Arthure Somm[er]scales and my said loving Cosin Thomas Preston younger to be Joint executors of this my last will and testament.
And I desire my good freindes Mr Christopher Shute, John Catterrall esquire, Mr Will[ia]m Catterrall his brother, and my cosin Richard Franckland of Nealsing to be the sup[er]visors thereof, And to be aiding and assisting to my said executors for the better execution of this my will, and for the better guiding and gov[er]ning of my children and theire porc[i]ons.
And so, commending my soule and bodie to Godes m[er]cie, I have in testimony hereof set my hand and seale.
Given the said day and yeare First above written In the p[rese]nce of these witnesses here under named, Anthony Prockter, Lawrance Swainson, Thomas Sowden, William Browne, Thomas Carr and Will[ia]m Lawsonn.
Will of Henry Somerscales of Langcliffe, 1609
University of York ref v31 f193
Memorandum That after this will, whereunto this Codicill is annexed, was made and sealed by the testator, Henrie Som[er]scales, the said Henrie Som[er]scales did, by his owne wordes, sett downe as Followeth, viz:
Whereas I have in this my will lymitted and sett downe that my said foure Freindes in trust shall, at th’end of twelve yeares, covey ov[er] one estate of my said messuage or dwelling house, and the howses, garthes and groundes thereto belonging, in Langcliffe, to my said sonne Thomas and his heires, so as he pay to my said daughters Bridgitt and Anne Som[er]scales the said sev[er]all somes of Fortie poundes and twentie poundes,
Provided yet alwaies, and it is my will and true intent and meaning, that if my said sonne Thomas shall refuse and not pay the said sev[er]all somes to my said daughters in such sorte as by this my will is lymitted at th’end of the said twelve yeares, that then my said foure freindes in trust and their assignes shall keepe my said messuage or dwelling house, and the howses, garthes and groundes, w[i]th the appurten[au]nces to the same belonging, at Langcliffe aforesaid, in theire owne possession untill such tyme as they have received so much of the issues and proffittes th[e]reof as will pay the said sev[er]all somes of Fortie pound and twentie poundes in forme aforesaid to the said daughters Bridgitt and Anne, any thing conteyned in this my will to the contrarie in any wise notw[i]thstanding.
Probate of Will of Henry Somerscales of Langcliffe, 1609
Et Vicesimo quarto Novembris 1609 M[agiste]r Topham decanus decanatus de Craven cert[ificavit] de probac[i]one h[uius]mo[d]i testamenti p[er] testes no[m]i[n]at[os] iurat[os] etc
Co[m]missaq[ue] fuit administrac[i]o bonor[um] eiusdem defunct[i] Jenetae Som[er]scales eius relicte et Thomae Preston consang[uineo] eiusdem defunct[i] coexecut[oribus] in eodem testamento no[m]i[n]at[is] prius iurat[is] etc
Salvo iure cuiuscunq[ue]
Arthure Som[er]scales fratri naturale et l[egi]timo eiusdem defunct[i] onus executionis eiusdem testamenti renunciante et recusante
Salvo etc
[On the twenty fourth of the month of November 1609 Master Topham, the Dean of the Deanery of Craven, certified the probate of this will by the witnesses named, they being sworn etc,
And administration of the goods of the same deceased was committed to Janet Somerscales his relict and Thomas Preston the kinsman of the same deceased, the coexecutors named in the same will, they having been first sworn etc,
Saving the right of any person whomsoever;
Arthur Somerscales, the natural and lawful brother of the same deceased, renouncing and refusing the burden of execution of the same will;
Saving etc.]
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