Archives > Archive:Probate Records > Archive:Prerogative Court of Canterbury Records > PCC, Sir James Whitney, 1587
Prerogative Court of Canterbury
Liber Spencer, Folio 38; new reference PROB 11/70
Will of Sir James Whitney, of Whitney, Herefordshire, dated 20 May 1587, proved 16 Jun 1587.
Transcription:
Dni Jacobi
Whitney Milit
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In the name of god amen The twentith Daye of Maye
A thousand Five hundreth Eightye Seaven / I James Whitney of Whitney,
Knighte being sick in bodye yet of good and prefect remembraunce thancks be to Almighty god Doe
make ordayne and constitute this my Last will and testament in manner and forme following --
First I commend my sowle to the mercye of god my maker and redemer And my bodye to be buryed -
in the parishe churche of Whitney wehre my Father and other my anncestors are buryed / Item as
towching the Disposing of all suche Lands and Worldly goods as it hathe pleased god to blesse me with
all I Demise give and bequeathe unto Eustace Whitney, my brother all those my severall mannors --
Lands and Lordshippes of Whitney, Pencombe, Oclepitchard, and Kings Capell, within the county --
or sheire of Hereford, Boughrid and Trewayne within the County Radnor, Icombe in the
County of Gloucester, Clifton uppon Dumnes moore in the County of warwick, and Comwitche
in the County of Somerset with all and singuler the Lands tenement and inhereditaments to the
Said Monnors and Lordshippes and to every of them belonging, with all and singuler the appurtennces
To have and to holde unto the said Eustauce Whitney, for terme of his naturall lyfe And after his
Decease to his heires males and to all the heires mailes of his bodye Lawfully begotten / And for Defaulte
of yssue male of the bodye of the said Eustauce the Remainder of all and singuler the said Mannors --
Lordshippes Lands tenements and hereditaments to George Whitney, my uncle and to the heires
males of his bodye lawfully begotten And for Lack of suche yssue the Remainder thereof to William
Whitney my uncle and to the heires males of his bodye lawfully begotten And for Defaulte of suche --
heires the premisses with theire appurtennnces to remaine and to be to Thomas Whitney of Clyro
and to the heires males of his bodye Lawfully begotten. And for Lack of suche heires the same to --
remaine to Thomas Whitney of Castleton and to the heires males of his bodye Lawfully begotten
And ffor Lack of suche heires the same to remaine to Richard Whitney, brother to the said Thomas
and the the heires males of his bodye Lawfully to be begotten And for Lack of suche yssue the same to
remaine to James Whitney of Clifford and to the heires males of his bodye Lawfully begotten --
And for Lack of suche Yssue the same to remaine to Frauncis Whitney of London gent. and to the
heires males of his bodye Lawfully begotten / And for Lack of suche heires male, the same to remaine
to Eustauce Whitney of Clifford, and to the heires males of his bodye Lawfully begotten And for
Lack of heires males Lawfully to be begotten of the boyes of all and every, the aforesaid persons --
then the same Mannors and Lordshippes and every of them and all other the premisses with theire
appurtennces to remaine to Quene Elizabeth her heires and successors Kings and Quenes
of this Realme for ever / Provided allwayes and my will is that if the said Eustauce Whitney, my
brother or any of the heires males of his bodye lawfully begotten or to be begotten, or any heire male
of the bodye of any issue male of the bodye of the said Eustauce to be begotten, or any other to whome
the remainder of the premisses is by this my Last will and testament limitted and appointed, or the
hieres mailes of the bodyes of any the foresaid person or persons shall Directly of indirectly puliquely
or privately goe abowte indevour intend pactyze or putt in use to make any feoffment Levye and fine
of suffer any recoverye, or otherwise to make and Discentynnaunce in or uppon the premisses or any --
parcell thereof Whereby the remainders before by this my Last will and testament limitted and appointed
or any of them shall or maye be discontynued altered thhrunged, Debarred made frustrate, or voyde --
That then and so often the estate before Limitted to any suche person or persons and the heires males
of his bodye Lawfully begotten shall for so muche of the premisses as be or shalbe intended to be --
alyened or Discontynued contrary to the true intent and meaning of these presents shalbe and --
remaine to suche other person or persons to whome the same should or oughte to have remayned or could
by these presents and true meaning of this my Last will if the same person or persons so intending to
make alyenacon or Discrontynuaunce as is aforesaid weare then Deceased withowte yssue male of his
bodye Lawfully begotten / Item I demise give and bequeathe unto Thomas Stephens of Whitney
the yonger all my purchased Lands viz Talbodwyn within the Lordshippe of Paynes Castell within
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the County of Radmor The third parte of the farme of Aberhlowne in the County of Brecon whiche
I late purchased of Roger Vaughan of Hinton in the County of Hereford gentleman / And one yard land
in Oclepitchard whiche Lately I purchased of one Thomas Knott / To have and to holde all the said three --
Last recited parcells of Lands and tenements with all and singuler theire appurtennces to the said --
Thomas Stephens for and during the terme of his naturall lyfe onely And after the Decease of the --
said Thomas, my will is that the same shall remaine to the foresaid Eustauce my brother During his
naturall lyfe onely / And after his Decease successively to all the heires males in the foresaid former --
entayle specified according to the true tenor and meaning thereof and uppon suche condicons and limitatcons /
as before are sett Downe Limitted and appointed for the guyding and Directing of the estate and --
estates remainder and remainders of the Mannors and Lordshipes as is first menconed in this my --
Last WIll and testament. Item my Will is that Eustauce Whitney my brother shall have and enioye all
and singuler the proffistts emoluments and comoditiyes arysing and coming forthe and owte of my Lease
Whiche I have of the Lordshipp of Clifford During his Lyfe time, And after his Decease my will is
that the same farme, and the residue of the yeares in the said Lease conteyned, and whiche then shalbe
unexpired shalbe and remaine to every suche person and persons to shome my said mannors Lordshippes
Landes tenements and hereditaments be by this my Last Will and testament appointed to be and remaine
after my Decease with the same and Lyfe condicons and Limitacons as are herein menconed for the --
limiatcon of the inheritunce of the same mannors Lordshippes Lands &c. Provided further that
it shall not be lawfull for the said Eustauce my brother, nor his heires males, nor to any other the persons
and heires abovenamed to alyenate sell assigne or surrender or forfeicte or setto lease otherwise then for --
their naturall lives and for the naturall lyfe of every one of them mor suffer the wsaid Lease to be alienated
soulde assigned or surrendred forfeyted or setto Lease the terme of yeares threin expressed or any parte
or parcell thereof otherwise then is beforesaid / Item I give and bequeathe unot my sister Blanche
Grevill the some of one hundred pounds of good and Lawfull money of Engalnd to be paide unto
her my mine executors / Item I give and bequeathe to the fowere Daughters of my said sister Blanche
Grevill viz Anne Blanche Katherine and Dorothye Grevill one hundred pounds stering apeece --
to be paid to them at the severall Dayes of theire mariages, or within one halfe yeare after and next --
following / Provided that if any of the said foure Daughters happen to Dye before the solemnizecon --
of any of theire said marriages That then the LEgacye of her or them so Dying to be equally Devided --
amongest the rest that live and survive / Item I give and bequeathe to Foulke Grevill sonne unto --
Robert Grevill and Blanche my sister the some of one hundred pounds of good and Lawfull money --
of England to be paid unto him when he shall come to the full age of one and twenty yeares / Item
I give and bequeathe unto Alice Price my sisters Daughter nowe Dwelling in the howse with me --
the some of Foure hundred pounds of lawfull engllished money to be paid unto her at the Daye of --
her mariage or within one yeare next after, sf so be that the said Alice in choosing of her mariage --
and husband shalbe onely ordered Cirected and ruled by the advyce consent and agreement of the --
righte Reverend Father in god Marmaduke nowe Lord Bisshopp of St. Davids and my uncle --
George Whitney / Item my Will is that my uncle George Whitney, Julyan his wyfe and theire
sonne George shall quietly and peaceably have hold occupye enioye and possesse the Lordshipp of
Icombe aforesaid for and During theire naturall lives, and the longer liver of them any thing above--
expressed to the contrary notwithstanding / yealding and pyaing therefore yearely threescore and
six pounds thirtene shillings and foure pence of good and Lawfull money of England to my foresaid --
brother Eustauce Whitney, and the heires above menconed and expressed / Item I give and bequeathe -
to William Whitney the base sonne of Sr. Robert Whitney Knighte one Annuitye of yearely pencon
of twenty pounds sterling During his naturall lyfe, or after the Deathe of Richard Tyrell of
Pencombe to have in Lewe thereof the farme whiche the said Richard nowe holdeth at his choyce --
During his Lyfe / Item I give and bequeathe unto Blanche Whitney of Clifford my kinswoman
tenne pounds sterling to be paid within one yeare after my Decease my mine executors / Item I --
give and bequeathe to Harrye Price als. Henry Price and Anne nowe his wyfe and to the childe --
with the whiche the said Anne nowe goeth with all, and is (gravida facta) twoe Fermes in Clifton
Whereof the one is presently in myne occupation the other in the tenure or occupacon of one Margery
Frost als. Jordan, and the twoe other tenements whiche nowe the siad Henry and Anne enioyeth lying
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in the villages of Stowe Millhaughe and Whitney During theire three lives and the Longest liver
of them / They and every of them paying the olde anncynet and accustomed rent to my heires before
expressed / Provided allwayes that it shalbe lawfull for them and every of them to sett and Lett the
said tenements During theire lives / Item I give and bequeathe to Willima Penkin the tenement of
farme whiche he holdeth of me in Stowe During his naturall lyfe paying the olde anncynet and --
accustomed rent for the same as before / Item I give and bequeathe unto Charles Jones my servnte
the grounde whiche he nowe holdes of me During his naturall lyfe paying the olde accustomed
rent for the same / Item I give and bequeathe unto Thomas Walwill of Hereford, Chamboyes & --
meadowe During his lyfe rent free, and afterward to my foresaid heires / Item I give and bequeathe
to every of my howsehold servnts as well men as women, (if my brother Eustauce will not entritayne
them into his service, or to so many of them as he will not so entretayne and kepe) three yeares wage
apeece The names of all whiche servnts are herevuder expressed with the some of their severall
wages by the yeare uppon theire heades / Imprimis William Byrte forty shillings / Thomas Patye
forty shillings / William Turnor forty shillings / Thomas Smith als Williams forty shillings / Roger
Williams forty shillings / John Morgan twenty six shillings eighte pence / William Taylor forty --
shillings / Thomas Brewar forty shillings Edward Horsman twenty six shillings eighte pence
Thomas Walter Bayliffe thirty three shillings foure pence / Thomas Prichard thirty three shillings
foure pence / Thomas ap OWen / John Sheparde als Hall fortye shillings / John
Williams twenty shillings / Edward Ysfance twenty shillings / Symeon Abeynon Watkyn Price
twenty six shillings eighte pence / William Morgan referred to the executors Robert Picke forty
shillings and referred to the executors / John Price als. Ly[ ]ne eightene shillings / John Price my --
boote boye eighte pounds onely to be imployed by my executors to his profitt / David Coose Forty --
shilings in all / Margaret Moore twnety shillings Margaret Bradford eightene shillings / Item I
give and bequeathe Margaret Richard twenty shillings / Margaret Jones twelve shillings ---
Katherine Thomas thirtene shillings / Item I give and bequeathe to Marye Milnes Daughter to
my uncle George Whitney two hundred pounds of good and Lawfull money of England to be paid
to her within one yeare next after my Decease / Item I give and bequeathe toward the reparacons
of the Cathedrall churche of Hereford three pounds six shillings eighte pence / Item my will is
that Anne Edmond Henry Edmond and John Edmond her sonnes shall have and enioye the ---
tenement they nowe holde, and the keping of the boate with the proffitts thereunto belonging During
theire three livees, and the longer liver of them paying onely twenty shillings by the yeare to my foresaid
heires / Item my will is that myne executors hereafter to be named shall and maye after my Decease
Demise and sett those three mannors and Lordshippes viz. oclepitchard, Clifton, and Comewitche for
three lives or fourescore yeares at the anncyent and accustomed rente, and all suche fynes as they --
shall receive for and uppon any Demise to be by them made to reserve and take towards the payment
and Discharge of all my Debtes Legacies Annuityes and Funerall expenses / And if there be any overplus
of the saide fynes together with the moveable goods after my Debte Legacyes annuityes and Funerall
expenses Discharged / Then my will is that the rest and overplus thereof be Delivered to mine ---
executors / Provided allwayes and my will is that Eustauce Whitney my brother shall enter into --
vand obligatory of tenne thowsand pounds to myne executors and overseers not onely to fulfill and
performe all and singler the contents in this my last will and testament specified and conteyned
but also to permitt and suffer all and singuler my gifts Legacies Leases graunts and Annuityes
to stand in force and to be performed according to the true meaning purporte and intent of this my
Last will and testament / And Further withall to suffer and permitt all and singuler my servnts --
whiche holde any Land of me by Lease or otherwise peaceablye and quietly to enioye and possesse
the same During the yeares and termes in theire said Leases and graunts conteyned into whiche --
band if my said brother Eustauce Will refuse to enter or will not suffer and permitt all and singuler
the clauses articles gifts graunts Annuityes Leases thing or things in this my Last will and ---
testament specified to be performed accordingly by myne executors and overseers Then my Will is
that my uncle George Whitney shalbe my next and ymediate heire And that the said Eustauce
Whitney my brother shall reape no proffitt or benefitt by this my Last Will and testament, But
thereof and of every parte and parcell thereof shalbe clearely secluded Disannulled and exempted --
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And if my said brother Doe refuse as is aforesaid / Then Doe I hereby revocate all my former Legacies
to him or to any the yssues males of his bodye Lawfully begotten before bequeathed, any thing in this my
Last will and testament conteyned to the contrary notwithstanding / All the Rest of my goods and chattells
as well moveable or unmoveable before not Demised given or bequeathed I give and bequeathe to ---
George Whitney and William Whitney my uncles, and to Richard Shippand of London my Kinnesman
towards the Discharge and payment of all my Debts Legacies Annuityes and Funerall expenses teh
whiche said George Whitney, William Whitney and Richard Shippam I Doe make constitute and --
ordayne executors of this my Last will and testament to see the same truly and faithfully Kepte ---
fulfulled and performerd according to my true meaning, And Doe nominate and appoine the saide
Reverend Father in god Marmaduke nowe Lord Bishopp of St. Davids, and the Worshipfull Mr.
John Watkins, Deane of the Cathedrall Churche of Hereford to be the overseers of this my Last will
and testament / Item my Will and meaning is that this my present Last will and testament shalbe ---
orderly Drawen and putt in wrigint according to Lawe, and my true meaning by Counsell Learned in the
Lawes of this Realme, so that no poynte clause or thing whiche shalbe materiall, therein conteyned, be
altered and channged contrary to my intent and purpose, whiche my meaning intent and purpose, yf
any Doubte or question shall happen at any time hereafter to aryse I referr to be Declared and Del[ ]d
by the Righte Reverend Father in god Marmaduke Lord Bishopp of St. Davids and the said Mr.
John Watkins, and Mr. George Whitney my uncle or to any twoe of them / Item my will is that all and
singuler suche plate as I have shalbe and remayne to the howse fo Whintey forever as standards --
never to be sould nor removed, the aprticuler parcells whereof are hereunder specified nominated
and Declared / In wittnes whereof I have hereunto subscribed my name and putt my seale of armes
the Daye and yeare of our Lord first above written, viz. / vicesimo May 1587 / Item if my foresaid
brother Eustauce Whitney will not suffer and permitt the foresaid Thomas Stephens of Whitney
the yonger quitenly and peaceably to enioye and possesse all those my purchased Lands which by
this my Last will and testament I have given him During his naturall lyfe and according to the --
true meaning of this my last will and testament / Then my Will is and I give and bequeathe and by --
these presents assigne and sett over unto the saide Thomas Stephens all that my Lease of the Monnor or
Lordshipp of Clifford with all my righte title or interest I have or oughte to have therein or thereunto
with all and singuler the Lands hereditaments and appurtennces with all emoluments proffitts and
comodityes whatesover to the same in any Wise belonging to appurteyneing During his naturall Lyfe --
paying therefore onely the olde accustomed rent Due by my said Lease unto suche as by the said Lease
it is Due, and the residue of the yeares unexpired after his Decease, my will is shalbe at the Disposicon
of myne executors and overseers /
The Particularityes of my plate /
Inprimis one Bason and ewer of Parcell gilte / Item one nest of gilte gobletts
with one ewer / Item twoe white bolls parcell gilte with a cover / Item one standing cupp Dubble --
gilte with a cover / Item twoe greate salts gilte with a cover to them / Item one white goblett / --
Item one casting bottle gilte / Item twoe gilte potts / Item one pott parcell gilte / Item one
spoone bowle. Item six gilte spoones / Item seaven white spoones of Divers sortes /
Probatum fuit Testamentum suprascriptum apud London coram
venerabili viro mro Willmo Drury Legum Doctore Curio Prerogatmo Cant Magro.
Custode sine Comissario etc. / Decimo sexto Die mensis Junij Anno Domim Millesimo
Quingentesemo Octogesimo Septimo Juramento Francisci Clerk Notarij publici procuris
Georgij Whitney Willmi Whitney et Richardi Shippam executorum in huiod testamento noiat
Quibus comissa fuit administraco. etc. / De bene et fideliter administrandi etc. / Ad sancta
Dei Enngelis Jurat /
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