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Proved Will of Roger North Esq of Rougham, Norfolk

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Date: [unknown] [unknown]
Location: Rougham, Norfolk, Englandmap
Surname/tag: North
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Contents

Preamble

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Persons Mentioned

Transcription of Will - First Page - 4 Oct 1730

In the Name of God Amen
The last Will and Testament of the Roger North of Rougham in the
County of Norfolk made and published this present fourth day of October
in the year of our Lord Christ One Thousand seven hundred and Thirty
as followeth viz. ffirst I do hereby give devise and bequeath unto my
nephews Thomas Wright of Santon Downham in the County of Suffolk
Esq. Robert Wright and George Wright Brothers of the said Thomas
Wright all my Mannors Messuages Commons Rentorys Advososons
Lands ffarms Tenements and Hereditaments whatsoever situate lyeing
and being in Ashwicken Leziate at's [= alias] Leggit and Meth[w]old at's Mewell
or elsewhere in the said County of Norfolk any or either of them
together with all Rights of presentation Tyths Tenths Glebe Lands
Commons Rents issues profits Emoluments and appurtenances
whatsoever unto the premisses any or either of them belonging or
appertaining and also all my Right Title property thainn and demand
in Law and in equity of in unto or out of the premisses every any
and either of them or any part or parcell To have and to
hold all and singular the premisses and every part and parcell
thereof unto them the said Thomas Wright Robert Wright and
George Wright their heirs and assigns forever In Trust nevertheless
and to and for the severall Intents purposes uses erlonations
provisses Conditions and appointments herein after mentioned that
is to say as for and comening the Advowsow and right of presentation
of and unto the Church or Churches of Ashwicken and Leziate
aforesaid In Trust that whenever the sound shall by any means
become void to use all lawfull means that my younger Son Mountague
when he shall be capable may be instituted and inducted thereunto
and as concerning the said other trusted premisses and every of them
and every part and parcell thereof in trust that they my said
Trustees the survivors and survivor of them and the right heirs of such
survivor shall forthwith by any sale or sales mortgage or mortgages
lease of leases or other disposition or disposition thereof or by all
and every the said ways and means raise and pay so much money
as together with my Personall Estate hereby not otherwise given or
disposed shall be sufficient for the payment and discharge of all
my just debts of what nature of kind soever the same be and from
and after full payment of my said debts and Subject thereunto then
by like ways and means as aforesaid to raise and pay all such
perumiary legaries as by this my will or any Codicill or Codicills to
be annexed thereunto are or shall be given or bequeathed and from
and after all the said payments made as aforesaid and subject
thereunto then to permit and suffer my daughters Elizabeth
Katherine and Christian and my younger son Mountague to
enter upon all and singular the remaining trusts premisses
undisposed of as aforesaid and to take and receive by and out of the Rents
and profits thereof for their severall maintenance and maintenances
yearly and every year the severall and respective sume and sumes..

Page 2

..hereinafter mentioned that is to say my said son Mountague the yearly sume
of Eighty pounds during his natural life or until he shall obtain preferment in
the Church of the value of three hundred pounds per annum altra Repvizas
which shall first happen and my daughter Elizabeth the yearly sume of
Ninety pounds and my daughter Katherine and Christian the yearly
sumes of seventy and five pounds apeice until the several portion and
portions herein after declared intended or appointed to and for my said
Daughters shall become payable severally and respectively and in case it
shall so happen that the yearly profitts of the said trusted premisses shall
not be sufficient or fail to answer and pay the said yearly maintenance
and maintenances (which I here appoint to be paid half yearly free
and clear of and from all manner of Parliamentary and other charges
assessments taxes and payments whatsoever) then and in every such
case my said daughters and younger son shall bear the deficiencys pro
rata and the same shall be made good out of the future years profits
or timber of the said trusted premisses or stand charged upon the
tust thereof hereby created and reposed together with other payments
hereby changed thereupon and upon this further Trust that my said
Trustees and the survivors and Survivor of them and the right heirs
of such survivor by like means as aforesaid at and upon the request
of my said daughters any or either of them respectively by their writing
signed with their respective Name or Names and delivered into my
said Trustees or any of them for the time being shall and will cause
and pay unto my said requesting daughter or daughters their Executors
Adminisstrators or Assigns respectively for their severall portion or
portions the several and respective sumes hereafter mentioned that
is to say to and for my daughter Elizabeth the sume of Eighteen
hundred pounds and to and for my daughters Katherine and Christian
the sumes of ffifteen hundred pounds apeice and for default of such
request or requests to be made as aforesaid Then into the Executeors administrators
and assigns of such Non-Requesting daughter and daughters respectively
their proper portion and portions herein before appointed to be paid
respectively as aforesaid it being my will and intent that my daughters
said portions shall stand and be secured unto them during their natural
lives with Interest for the forbearance thereof for their maintenances
(as before appointed) In case they shall so think fitt severally & respectively
without being constrained to recure to any other security or securitys
whatsoever and in case it shall happen that by virtue of any old Mortgage
or mortgages decree or decrees in Equity thereupon the said Trusted premisses
or any part or parcell thereof shall be redeemed and the moneys found due
thereupon with the Costs and Charges of the suits concerning the same be
payable or paid it is my will and desire that my said Trustees the Survivors
and the survivor of them and the heirs and Assignes of such Survivor shall
receive the said moneys and that they and all other persons named to take
in the said securitys for my use and benefit shall according to order Recovey
all their and every of their Right and Estate off and in the premisses as in
such Cases is usuall to be done and it is my will and desire that all the
said moneys when received shall be placed out at Interest upon securitys
from time to time and the same be held upon the like Trusts and to and
for the like intents and purposes as herein is are and shall be declared
and expressed of for and concerning the premisses as aforesaid and I do
hereby ffurther and declare that my said Trustees or any of them shall..

Page 3

..not be charged or chargeable for or by reason of any omissions miscarriages
losses neglects or ill sumesses of or touching the premisses many respect
whatsoever nor the one of them for any other or for each others acts
and receipts but each for his own proper acts, and receipts only and I do
hereby give and bequeath the Guardianship of such of my Children as
shall be under the age of Twenty and one years at the time of my decease
unto the right Honble ffrancis Lord Guilford for and during the time and
terme of their respective minoritys hereby giving full power & Authority
unto my said minor children if any such be by and with the privity &
Approbation of their said Guardian to determine and Act for themselves
of for and concerning their severall maintenances and portions hereby
provided hoping that all my said younger Children will be guided by
prudent and honest advice and in all things be ffriends and assistant to each
other and I do hereby give and bequeath unto my eldest son Roger
the emblements or Com in the Ground sowne upon any part of his
Setled Estate at Rougham aforesaid and Lexham and all the Goods
Chattells ffurniture houshold stuff Books pictures and other things of in
or belonging unto the Coupital Lons thereupon Except and Reserved
only such goods and things hereafter mentioned to be otherwise disposed
appointed, or given I do also give unto my said son Roger my Chamber
in the Middle Temple London near the Great Gate which I purchased
in his name and is now in the use of my said Nephew George Wright
I do also give him my Coach and the four Coach horses usually employed
with it and one sadle horse beside that which is called his own with
the Tackle and harness belonging to the same and I do give unto
my daughter Elizabeth the great Harpsicord and fframe, my black
Ebony Cabinett. my Spring clock and the small Escittore in the Comon
parlour and I doe give unto my daughter Katherine the wrought bed
(not wholly made up) with the Corinth and head board Carved and
larbered belonging thereunto and the lesser harpsicord and fframe
with the second Violin and also the Estuittore Cabinett and drawers
standing in the lower Damas Room and I do give unto my daughter
Christian the first base Violl the wallnut tree Chest of drawers and
the one ffooted Escittore standing in the left Closet and I give unto
my younger son Mountague my wallnut tree case of Mathematical
instruments my first Violin and Case my second base Violl given
me by the most Reverend ffather in God William late Archbishop
of Canterbury deceast (having been used by him in his life time) and
also a tenth part of my Rougham Library folio's and others such as
shall be esteemed most fitt for the profession of General Scholarship
in the way of a Devine and incase of disagreement the same to be
sett out and distinguished in great and small Volumes as the Revd.
Mr Ambrose Pimblove and Mr Charles Squire shall determine and
for want of their determination then such as my said Son Mountague
shall think fitt and and thoos And I do ffurther give unto my said Son
Mountague the Escuittore and drawers Standing in the Nursery
being that which formerly was used by me at the Temple in London
and also my fron turning Lathe and Mandrill and what turning and other
Tools he shall think fitt to choose out of my work house for his
own use therewith and I do further give unto my said younger
Children respectively all those things which I have put into their
severall possessions as given by me in my life time and I do further..

Page 4

..give unto my eldest Son Roger two silver plates one dozen of Silver
Spoons one dozen of silver handled knives and one dozen of Silver
fforkes the sett of silver Castors and the silver snuffers and paw a
pair of Silver Candlesticks and the Case of dissiette silver knives
fforks and spoons and for the benefit of all my said Children, and proof
of their living family and fraternally together It is my Will ( if my son
Roger shall be willing thereunto) The houskeeping at Rougham
shall be continued on the manner as I last used at the charge of my
personall Estate until the ffeast of Saint Michael the Archangel
next ensueing decease whereby my said Children may have time
to dispose of themselves and what belongs to them without hurry or
disorder saving all the tharges of Plowing sowing feureing day
seed harvesting Smith and wheelright of which charges ( if any
such shall be ) none shall be taken to number my said personall
Estate But in case of my son Roger dislike of the premisses last
mentioned my Executors after named are to take only the fforty
days possession and use of the goods as the Law allows for the
dispatch of the affairs of their executorship and I to hereby give
unto my son Mountague the sume of two hundred pounds ( besides
the two hundred pounds received for my nephew Dudly Norths legacy
to him) to be paid at his age of one and twenty years if he shall so
long live and I do hereby give and bequeath unto all and every my
said younger Children their severall and respective maintenances
and portion herein before appointed to and for them respectively
and it is my desire that my Organ with the appurtenances and my best
case of Instruments Matheraticall may remain in their places
as they now are in disposed for the benefit of my eldest Son and other
posterity as heir loomes for ever or so long as may consist with the
Laws of this Realm and I do give unto my said younger Children
liberty to thoos for their own uses respectively out of my stock of
Musik Books such as they shall think proper to be made use of by
themselves in their severall pretensions to the practice of Musik
and I to give to the poor of Rougham five pounds and to the poor
of Ashwicken thirty shillings and I do give to the said Thomas
Wright George Wright Robert Wright Henry Lestrange Esqr. and
my daughter Mary his Wife five pounds apeice and I do appoint
that my servants shall have their Wages made good to the ffeast
of St. Michael next after my decease in case they do not refuse to
serve in their places to that time respectively and all the rest and
residue of my goods Chattels Plate ffurniture Horses Colts Cows
Heifers Steers Sheep fflocks of Sheep Lambs Corn in Barns Stocks
and Granarys and all other my personal Estate whatsoever not
herein specifically disposed of unto my Son in Law the said Henry
L'estrange and my daughter Elizabeth whom I do hereby made
and ordain the Executor and Executrix of this my will in trust
nevertheless to pay my debts in the first place and then legarys in
case of my Real Estate and from and after all the said Trusts and
intentions fully performed and all Costs and charges thereby
repectively defrayed and all my said Trustees and Exect. and their
Assigns effectually indemnifyed in all respects relating to their
severall rusts respectively then the surplus ( if any be ) of all shall
belong to my eldest son his heirs and Assigns for ever In Witness..

Page 5

..whereof I have signed Sealed and published this as my last will and
Testament the day and year first above written_Ro: North Signed
sealed and published by the said Testator as his last Will in the
presence of us who in his presence and at his request have hereunto
subscribed our names as Witnesses attesting the same_ Thos: Platt
Susana Steward _ John Arminger_

Codicill 6 Jan 1730/1

H Codicill to annexed to my last will
and to be taken and esteemed as part thereof viz.
6 January 1730/1
Whereas I Roger North of Rougham in Norfolk in and
last will have given appointed or dethoned than all the Rest and
Residue of my Reall and Personall Estate therein mentioned to be
instrussted or changed with and for the severall of debts portions
Maintenances and Legaries shall go and belong unto my son Roger
North to his own use after all the said payments and charges fully
payd and this heirs or to such effect of purpose howsoever the
same may be worded, as in and by said last will may and doth
appear how this Codicil Witnesseth and I do hereby order devise
declare and appoint that the said surplus of any shall be shall got unto
belong and be enjoyed by my two Sons Montague and Roger and their
heirs equally to be divided share and share alike anything in my said
Will to the contrary thereof notwithstanding and all other matters
and things my said last will to stand and be in full force and effect In
Witness Witness whereof I have hereunto my hand and Seal put
Ro: North_ signed Sealed and published by the said Testator as his
Codicill in the presence of us who in his in his presence and at his
request have sett our hands as Witnesses attesting the same _ Thos: Platt Robert Plaford John Arminger

Codicill 14 Oct 1733

H Codicill part of my last the
First I do hereby constitute and appoint my youngest Son Mountague
North to be executor together with my other Executor and Executors
and Executrix and Executrixes and every of them however otherwise
appointed, I give to my daughter Elizabeth my White fframe looking Glass in
the little parlour and to my daughters Katherine and Christian each
of them one of the two looking glasses in the ante-Room I give to my
daughter Mary (now Lestrange) the possession and use of my picture
done by Cely and the fframe during her life and after to return to my
ffamily as an heir loom I give to my son Montague all my Musik
Books and papers and the Glass case in the Gallery I give my black
Case of Mathematical Instruments with all the ffurniture to Jesus
Colledg in Cambridge and their Successors for ever not to be at any
time separated or aliened and I do hereby leave unto all my Children
my most earnest recommendation or rather Command to persevere in
the true Christian faith and practice of life according to the Doctrine
and discipline of the Establisht Church of England and to live together
or as near as may well be in all brotherly love correspondence & ffriendship
always inclining to Condisend rather then to contend and so with Gods
blessing they may be happy and not otherwise
{+sideways in margin…Codicil
I give unto Mr Ambrose Pinfowe five pounds
I give to Sue Steward all my wearing & waist linen
I give unto John Vinigter all my wearing apparel and five pounds
I give to my eldest son together with the limit of one hundred pounds
to be paid by equal shares or parts at Lady Day and Michaelmas after my decease
Witness Ambr[ose] Pimilmco Clerk)
Signed and published..

Page 6

..as part of my last will this fourteenth day of October in ye year 1733
signed and published as above in the presence of us. Thomas
Spinks John Armiger

Richard Warner of North Elmham in the
County of Norfolk Esqr. maketh Oath that he this deponent well
knew the honble Roger North late of Rougham in the County of
Norfolk Esquire deceased for several years before his death and was
well acquainted with his handwriting having frequently seen
him write and received many Letters from him and now carefully
viewing a paper writing hereunto annexed begining thus _A
Codicill part of my last Will_and ending thus_this fourteenth
day of October in the year 1733_and also carefully viewing the
words following in the margent thereof_to wit _I give unto Mr
Ambrose Vinblow five pounds I give to Sue Steward all my
wearing and waist linnen I give unto John Aringer all my wearing
Apparell and five pounds_saith that he verily beleives the said
paper Whiting begining and ending as aforesaid and the said
words wrote in the margent to be all the proper handwriting of
him the said deceased_R Warer_. The said Richard Warner
Esquire was sworn to the truth of the premisses the 11th day of
July 1734. before me _ W Branston_Sur.

This Will was proved at London with two Codicils annexed
before the Right worshipfull John Belleworth Doctor of Laws Master
Reeper or Commissary of the perogative Court of Canterbury
lawfully constituted On the Nineteenth day of October in the year
of our Lord One Thousand seven hundred and Thirty four by the
Oaths of Heny Lestrange Esquire Montague North Esqr. the
Son and Elizabeth North Spinster the daughter of the deceased and
Executors named in the said Will To whom administration was
granted of all and singular the Goods Chattels and Credits of the
said deceased they being first sworn by Commission well and duly
to administer the same./_ [1]

Sources

  1. ↑ Will
    The National archives, Kew, England - Prerogative Court of Canterbury
    "Will of Roger North of Rougham, Norfolk", 19 October 1734 , item , ref PROB 11/667/291 (accesses 30 Jan 2023)
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Categories: Prerogative Court of Canterbury | Rougham, Norfolk