Friday, 9 August 2019

Will of William Underhill - Newbolde Revell, Warwickshire - 1570

The will of William Underhill (c.1524 - 1570) of Newbold Revel, Warwickshire, uncle to my 9th great-grandfather, Humfrey Underhill, mentioned in this will. Transcribed by myself.
Source: UK National Archives, PROB 11/52/126

William is very much concerned that his lands should not be broken up and that the women should not be adulterous or carnal.

In the name of god amen the first day of December in the Twelueth yere
of the raigne of our sovraigne lady Elizabeth I william underehill of Newbolde revell in the countie of warr gent being whole
and of perfecte mynde and remembrannce thankes be given to almightie god amke this my testament and last will in forme
folowing ffirst I give and comende my soule into thands of almightie god my redeamer & saviour and my body to be buried by
my dearlie beloved wife ursula underehill in the pishe churche of neather Etington in the countie of Warr yf it
possible so be what chardge saver my executors shalle at and as concerning the disposicon of all my Land ten[emen]ts and
hereditaments first I leave to discende unto my heire or heires the thirde parte of all my mannors lands & ten[emen]ts
according to the Statute in that case provided for that my Mannor of Idlycote is holden in Capite, the residue of all my
Mannors lands ten[emen]ts and hereditaments within the realme of england together withall my leases goods cattells plate and
housholde stuffe whatsoever excepte suche parcells as hereafter by expresse name I do give and otherwise appointe
I do give them all wholey to my executors to thentent that they with the rente and proffitts of them shall in all points
performe and fulfill this my p[rese]nte last will and testament and pay my debts and bring up my children and and when
those same are fullie performed and done together with almanor of their costs rents and chardgs susteyned being recompenced
paied and allowed then I will that if william Underehill my said sonne then be oulyve and of full age and hath
not or will not marry before thaige of xxiiij yeres withoute the good will and liking of my brother John Shirley
my brother Brokesby and my brother Thomas Underhill my brother Congrave or their heires or the more
parte of them that he my said sonne william then shall have the residue and remanent of all my stocke of cattell
leases plate goods and Cattells before given in forme aforsaid to have to hym and his assignes forever more
And also the rest and residue of all my mannors lands and ten[emen]ts given in forme aforsaid To have and to
holde the same rest residue mannors lands and ten[emen]ts to hym and to the heires males of his very body
lawfullie begotten and to be begotten according to the stricte order of the comon lawe and not favorablie to be construed/~
According to a denyse untill suche tyme as they or any of them go aboute to alien or sell the same lands or ten[emen]ts or any
parcell thereof for any longer terme then onthe for terme of their lyves or of their wives lives and none other wife
excepte leases for to be made for xxj yeres or for thre lyves to begyn from the date of the same leases and no
manor of lease to be made in revercon And if it happen that my said sonne william or his yssue make to die
withoute yssue male of our very bodies lawfullie begotten acording as is aforsaid or that they my son Willm. or
his said yssue of my body or their heires make of their bodies or any of them go aboute to alien otherwise then nor aforsaid
or that my said sonne do marry before the forsaid aige of xxiiij yeres withoute their consente aforsaid Then I will that
his or their estate to be voide and be determyned and that then all my lands and ten[emen]ts to be charged and also to come
and remayne as hereafter is expressed that is to say I will that eny yssue female of my very body laufullie
begotten now being oulive or the heires of their bodies if suche yssue female be then deade shall have one annuitie
or yerelie rent of Twentie pounds to them and their heires forevermore to be paied yerelie oute of all my
Mannors lands and ten[emen]ts within the realme of england with a clause of distres/ the same payments to be made
by even porcons at two most usuall feasts of the yere to pray for their mothers soules and myne and
with condicon also that if they or their heires do alien the same annuitie or annuities longer then for the
lyves/ That then the same annutie or annuities so aliened shall cease and be utterlie determyned/ Also I will
that if my said sonne william or his said yssue male die withoute yssue male as is aforsaid or that
they or any of them to go aboute to alien otherwise then is aforsaid Then I give to my brother
John and the heires males of his very body begotten in forme as aforsaid and with like condicon and
untill suche tyme as is aforsaid my mannor of Idlicote with thappurtenncs and all my lands & ten[emen]ts
in Idlicote Loxley and hollington rating the same at one hundreth pounds yerelie when the leases
are determyned with this condicon/ So that also he or his heires do give unto eny one of his sonnes

Excepte his sonne and heire one annuitie or yerelie rent of foure poundes going oute of the same Manors lands ten[emen]ts for terme of
their lifes with clause of distresse and with condicon that they nor any of them shall not alien the same And then also I do give unto
my brother humfrey and to the heires males of his very body begotten in forme aforsaid and with condicons untill the tyme as is afore
said all my lands ten[emen]ts and hereditaments in kington, basset, hardewike, barton meryden Alspathe and Esenell in the Countie of
Warr rating the same at fiftie pounds yerelie when the leases are not So that he or his heire do give unto eny one
of his sonnes excepte his sonne and heire one annuitie or yerelie rent of fyve marks oute of the same lands for terme of their
lifes with condicon that they nor eny of them shall not alien the same And also then I do give to my brother Thomas untill
his sonne ffranncs underehill my godsonne be of the aige of xxiiij yeres and then onelie to the said ffranncs and to
the heires males of the very body of the said ffranncs lawfullie begotten as is aforesaid and with like condicon and untill suche
tyme as is aforsaid all my lands and ten[emen]ts with their appurtenncs in haselor, Stretforde upon Avon and Drayton in the
countie of warr and in the towne and pishe of wolv[er]hampton in the countie of Staff rating the same at lx li yerelie when
the leases are oute/ So that my said brother Thomas and the said ffranncs or one of them do grannte unto all the rest of my
brother Thomas sonnes his heires onelie excepted one annuitie or yerelie rent of foure pounds unto eny of them during their
lives with clause of distres and a condicon that they shall not alien the same// yf ffrancs underehill die withoute yssue male
as is aforsaid then those lands to remayne to George his brother and to his heires males of his body in suche forme and with
like condicon as ffranncs had the same// Provided always that my said lands and hereditaments equallie as they are rated
as aforsaid & rata x rata shalbe charged with the payment of my said daughters annuities when they do faule/ And if my
brother humfrey die withoute yssue male of his body laufullie begotten then I will his porcon gyven to hym of my said
Lands shall remayne unto humfrey underehill sonne of my brother Thomas and unto humfrey underehill sonne of John my
brother and unto the heires males of their bodies laufullie begotten as is aforsaid and with like condicon as my brother humfrey
had the same Also I do give unto eny of my daughters undell. Dorothie Margaret and Anne and to eny of them
ffyve hundred pounds a pece to be pased unto then by ny executor when they are fenallie maried yf my executor will so
agree upon the tyme of payment and so that they do marry and be ruled for their marriage by and with the consent
of my brother John Shirley my brother Brokesby my brother ffranncs Congrove my brother Humfrey
underehill or their heires or the more parte of them/ And if any of my said daughters happen to die before she or they be maried then
I will yje porcon & porcons aforsaid of her or them so dieng to survive remayne come and be equally devided and given to her other
sister or sisters overlyving yf they be ruled in marriage as is aforsaid by the discresicon of my said brothers// Provided
alwaie and for goddes sake have care and speciall regarde unto hit that if any of my daughters do marry contrary to my
determynacon and appointement as is aforsaid or that they do offende and mysuse them selfe in carnall or adulterous
lyving and the same duelie to be proved that then I will her and their parte and porcon so offending before to her
given in money/ And also her and there said annuitie or annuities before given to be frustrate and voide & to determyn
and utterlie to lose the same in all respects Any thing herein comprised to the contrary in eny wise notwithstanding/
And then also her and their porcon amd porcons so by the occasion aforsaid to be loste by dishonestie as aforesaid shalbe
gyven and bestowed to ger other sister or sisters that then honest are & do not offende in the said facte Also I will
that my said daughters be brought up and kepte by my executors untill they be maried upon the proffit rising of
there porcons but not to denyng sshe her or there porcon/ Also I will that my executors shall yerelie kepe
all my grounds stored with cattell as longe as the same grounds shalbe in their hands towards the performannce of
my will And then after that stocke to remayne unto my said sonne Also I do give unto eny of my said
daughters one fetherbed furnisshed in all points as shetes xcx/ And to eny of them one goblet new made with
there mothers stocke a table cloth one dozen of napkyne and one towell Also I do give unto william my sonne
my signet of golde when he cometh to full age, and to eny of my daughters one silver spone and to Dorothie
my daughter her mothers wedding ring and a paire of braceletts of golde to my second daughter my late most loving
wife Newports wedding ring my youngest daughter a litell chayne of golde and one other of my first wifes
rings/ And if william my said sonne die before he be of full age then I will all my said leases goods & cattell
stocke of cattell and plate after my will performed to be gyven and distributed amongest my said daughters yf
they be ruled as aforesaid when and after my executors have performed my will received there chardgs & paied
my debts and legacies/ And also if they do lyve honestlie as aforsaid otherwise she or they that are not ruled
or doth lyve dishonestlie to lose her parte and porcon of her legacie in all respects Also I do give amongest the children
of my brother John underehill equallie to be devided amongest them twentie marks to my sister Dalbyez children
amongest them vj li to the children of my sister wykeh[a]m x li to the mariage of Martha Rowley my wifes
god daughter when she is maried and marieth by the consent of my overseers vjli xiijs iiijd/ Also I do
give amongest the daughters of my sister Mynors xxli/ Also I do give to Elizabeth underehill
my god daughter iijli vjs viijd and amongest the daughters of my sister wynefyde xxli and to
the daughters of my sister Tawier iijli vjs viijd Also I do give to Willm. Newporte at his full
aige for his good mothers sake all the plate I had with her and the most parte also of all the housholde

stuffe I had with her trusting he will prove as good and as honest as his mother was and will pray for her soule and myne Also I do give
unto Edward Brokesby my godsonne one olde anngell and my gray ambling nagge I had at Derby Also to ffranncs Brokesby my
wyves godsonne one olde anngell and my bay mare my godsonne Richard wykam one olde anngell my gray nagge I had of my
brother Tawyer and to ffranncs underehill my godsonne one olde anngell and the litle nagge I had of John Clement Also I do give to
my man hanocke the lease of his house and do remyt unto hym xjli which I paied for the fyne thereof and forgive hym all the corne
he oweth me Also I do give unto his his wife being sometyme my wifes maide xls and amongest his children xls for her mystres sake to
pray for her soule and mine And to eny godchilde that I have other than above reated xxs Also I do give to Callowe my man one annuitie
of fortie shillings yerelie during his life going oute of my lands ten[emen]ts and hereditaments wheresoever with clause of distres & with proviso
that he shalbe servuntable upon my sonne and pleasure hym when he shall desire hym and to give hym frendlie advise and also
instructe my frends and helping them in the performannce of this my Will with his best advise and travell Also I do give
unto hym vjli xiijs iiijd and Nottingh[a]m my gelding to Symyns my man xls and twentie shepe to wener my man xls and my black
trotting nagge and xxs annuitie for his life oute of my lands with distres to Elnor my maide a cowe & xls to ffawkenee my man xls and
a horse or mare to Jackeman my man xls and my bay mare I had of Mr Dymocke orells xxs in money and to eny other of my
clarkes and Astley one colte horse or mare to Elizabeth Rogers xls and eny other of my servannts both man and woman to have their
hole yeres waige for the yere deducting somuche as they have received before my death Also I will shalbe given to the pore of the
parishe where I was borne during fyve hole yeres xijd wekelie, and to the pore of the parishe where I do dwell wekelie for one
hole yere xijd and to the pore people of the parishe of honyngh[a]m for one hole yere wekelie viijd And to the pore of Bynton wekelie for a
yere iiijd to pray for my soule my wifes soules and all christen soules Also I do give to the parson of Idlicote xxs to pray for all xpian.
soules And do release unto hym all covennte bonds agreaments and demannds betwene us Also I do release unto my brother Mynor
and to his heires all suche right title interest and demannde which I have to come of hym the Manor capitall mansion house and of and in all lands and ten[emen]ts in
blakenhall in the countie Staff ffurthermore I will that none of my tennts nor there wifes during their widowods yf they be of
honest and good behavior be put oute of their lyvings Provided alwaies & my full will intent & meaning is that if it shall so happen hereafter
and seame very nedefull by reason of eny extremitie and greate occasion or for a better comoditie that eny of my said lands or ten[emen]ts shalbe
aliened leased or sold by my said sone or eny other otherwise then I have before expressed That then I will licence therefore be first
asked had and obteyned in writing from my brother John Shirley my brother Brokesby & my brother ffranncs Congreve or their
heires under there hands and seales otherwise my will as is aforsaid still to stande and remayne in effecte according to my true
entent and meaning as is aforsaid And no alienacon then to be made of eny of my said lands and ten[emen]ts otherwise then is aforsaid
Also I will that if eny doubte or question shall or may use or growe hereafter by reason of eny legacie gifte grannte worde or arbele in
this my will before rehersed for lacke of playne explanacon for that they are not in all respects at lardge playnely set forthe according
to the due forme of lawe and according to my full intent and meaning Therefore my will and monde is that the trothe true and playne interpretacon
and my meaning & full intent therein and in eny suche doubte & question shalbe at all tymes and from tyme to tyme declared interpreted construed
and explaned by my most greate frende amd very good lorde and maister Sir James Dier knight lord chief Justice of the comon place
my brother Brokesby and my brother Sherley and their heires and by the overlyver of them and their heires and their declaracon
at all tymes and from tyme to tyme in eny suche question and doubte I will shall stande and be my perfecte will full mynde
intent and meaning/ And my desire to them is chiefly to forsee that none of me lands be solde nor done away unles it be though the
occasions before rehersed and by licence as is aforsaid and also that my daughters do not cast away them selfes in mariage Also I will
that suche legacies as my executors thincks most necessary to be first performed shalbe paied and performed in suche tyme as to them
shall seame most convenient/ Also I will that all the apparell & wering lynnenz of both my wifes be equallie distributed
amongests my daughters/ The rest of all my goods and Cattalls not before bequethed I give and bequeth unto my said sonne
willm. underhill and to be paied & delivered when my executors thincke necessary at suche tyme as he cometh to the aige of xxj yeres with condicon as is
aforesaid And if he die before then my daughters to have all suche goods and cattalles as I have given unto hym in this my will besides their
foresaid legacies upon the condicon aforesaid/ Excepte one Cli worthe of those goods to be given onelie amongest all the daughters of all
my sisters for to pray for my soule besides the foresaid legacies given by me Also I make my executors of this my last will & testament John
Shirley and Robert Brokesby Esquiers willing them to bestowe upon my fun[er]all as shall please them and to either of them I
do give for their paynes taking iijli vjs viijd/ Also I do make Thomas Callowe my trustie servannt and clarke one other of
my executors/ Also I do make overseers of this my will the forsaid Sir James Dyer knight and my naturall brothers Thomas underehill & Humfrey
Underehill and also my brother Congrave Esquier to helpe and assiste the due and true performannce of this my last will and testament And do
give to the said Sir James Dier for his paynes xli and my best gelding and do give to either of my said brothers Thomas Humfrey and ffranncs
xls a pece Also I do give to the churche of Etington xxs and to the churche of kirbye & bynton for my tithes forgotten iijs iiijd a pece/ ffurther
more I will in eny wise that Richard walforde be paied in eny wise oute of hande xxx or xlli yf he will have it for his lease I did get of
hym in Wilmecote And I aske god and hym forgivenes for that I did not well come by my converannce from Gilbert And this making
an ende and taking leave to die to this miserable worlde beseching all the worlde for charities sake of forgyvenes desiring them likewise to
pray for my soule my wifes solez and all christen soules amd put no feare but through the mercy of christ and merites of his passion I shall
enioy with my wifes the estate of grace and everlasting salvacon and at the day of iudgement to rise ageyne with my wifes in the bosome of
Abraham in the kingdome of god, before the throne of his most rouill and celestrall kingdome and into whose hands I do comende my soule
most humblie beseching hym to have mercy upon it and to take it to his mercy And also my wifes soles and all christen soles & to bring
our soles into that place of rest and eternall and celestrall blisse ioye & salvacon that nev[er] and nev[er] shall have ende amen In Witnes
Whereof that this is my last will and testament and that I do by the same revoke and renounce all other my testaments where
and whatsoev[er] they be or that at eny tyme or tymes by me were made Hanc meam ultimam voluntatem manu p[ro]pria scripsi
p[ro]priu[m]que nomen meu[m] subscripsi // William Underhill Roger Brasgyrdle Thomas Callowe /.
I wrote this my last will by my own hand and I signed my own name

Probatum fuit suprascriptu[m] testamentu[m] Coram Mag[ist]ro Waltero Haddon Legum Doctore Curie Prerogative Cant[uariensis] Comissar[io]
apud London Decimo die mensis Aprilis Ao. Dmi. Mill[es]imo Quingen[tesim]o Septuagesimo Juramento Thome Callowe personal[ite]r p[rese]ntis et Johannis
Shirley et Roberte Brokesbye in persona dicte Thome executor[um] Quibus comissa fuit admi[ni]straco bonor[um] etc De bene etc Ac de
pleno et fideli Inven[ta]rio etc exhibend[o] Necnon de plano comp[ut]o etc reddend[o] Ad Sancta dei Ev[a]ngelia Jurat

The above written testament has been proven before Master Walter Haddon Doctor of Laws Commissary of the Prerogative Court of Canterbury
at London on the Tenth day of the month of April Anno Domini One Thousand Five Hundred and Seventy By the oath of Thomas Callowe personally present and John Shirley and Robert Brokesbye executors To whom was commited administration of the goods etc well etc And of
a full and faithful Inventory etc to be produced And also of a clear calculation etc to be returned Sworn Upon the Holy Gospels of god



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