Will of Elizabeth Countess of Devonshire, Dowager

Date: [unknown] [unknown]
Location: [unknown]
Surnames/tags: Cecil Cavendish

This is a transcription of the register version of the will of Elizabeth Cavendish Dowager Duchess of Devonshire.^[1] The will was written on 20 August 1689, with codicils added on 2 October 1689 and 9 November 1689. It was proved at the Prerogative Court of Canterbury on 13 November 1690.

Spelling, punctuation and line breaks are as per the register copy. Capital F is rendered as F rather than ff. Abbreviations are expanded in [square brackets]. Paragraph breaks and bold text for names are my own for ease of reading.

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The following persons are mentioned:

• my deare sonne William Earle of Devonshire William Cavendish 4th Earl and 1st Duke of Devonshire and one of the two Executors of the will
• my late deare Husband William Earle of Devonshire William Cavendish 3rd Earl of Devonshire
• my late Mother in law Christian Countesse Dowager of Devonshire Christian (Bruce) Cavendish wife of William Cavendish 2nd Earl of Devonshire and daughter of Edward (Bruce) Lord Bruce of Kinloss
• my Sonne in Law the Earle of Exeter John Cecil 5th Earl of Exeter
• my daughter the sayd Anne Countesse of Exeter Anne (Cavendish) Cecil
• my daughter in Law the Countesse of Devonshire Mary (Butler) Cavendish and Duchess of Devonshire
• Richard Newman of Fifehead Magdalen in the County of Dorsett Esq^r. probably Richard Newman of Evercreech Park in Dorset
• Roger Jackson of the parrish of S^t Clement Danes in the County of Midd[le]s[e]x Gent heretofore servant to my late deare Lord and one of the two Executors of the will
• Francis Child of London Goldsmith Francis Child MP and Lord Mayor of London (Goldsmiths)
• my Grandsonne John Lord Burghley John Cecil 6th Earl of Exeter and eldest son of Eliabeth's daughter Anne with her second husband John Cecil
• my Grandsonne William Cecill William Cecil 2nd son of Anne and John Cecil
• my Grandsonne Charles Cecill Charles Cecil 3rd son of Anne and John Cecil
• my Grandsonne Edward Cecill Edward Cecil 4th son of Anne and John Cecil
• my Granddaughter the Lady Elizabeth Cecill Elizabeth (Cecil) Boyle youngest daughter of Anne and John Cecil
• Anne Newman Anne (Harbord) Newman wife of Richard Newman
• Diana Cecill
• Eliz Rogerson
• John Whildon of Hardwick possibly a steward. John Whildon's financial disbursements for building the west front of Chatsworth are held at Chatsworth.
• Pannett of Putney Chyrurgeon possibly Thomas Pannett of Putney, Surrey
• John Bullock of the Hilltopp in the county of Derby Esq^r
• M^r Twigg Viccar of Edensore in the county of Derby probably Johnathan Twigg curate of Edensor 1676
• Susane Trufell
• Margarett Crossill
• Thomas Hitchcott and Thomas Williams my Gardiners

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Transcript

In the name of God Amen
I Elizabeth Countesse Dowager of Devonshire do make this my
last will and Testament in manner following That is to say I
comitt my Soule to God Creatour of all things and my body to the Earth
to bee buryed att such place and in such manner as by any writing
under my hand I have directed or appointed or shall direct or appoint
hoping for a joyful resurrection by the mercy of God and meritts of
our Saviour Jesus Christ

And I doe hereby will and appoint that my deare
sonne William Earle of Devonshire whom I make one of my Executors
herein after named doe after my decease take into his possession all the plate
pictures Household Furniture and goods the life whereof was only given me by
my late deare Husband William late Earle of Devonshire deceased by his
last will and Testament

Also I give and bequeath unto my sayd deare
sonne my large silver Table Stands and looking glasse and also my best
Icwell being alarge Breast Jewel sett with Diamonds in which Jewell

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Are (amongst many other Dyamonds) the large Diamond which my
late Mother in law Christian Countesse Dowager of Devonshire gave mee in
a Ring before my Marryage and alsoe the seaven pendant Diamonds
which I bought of M^r Embleton with my owne and which my late deare
Lord and Husband by his last will appointed or desired should after my
decease bee given to my sayd sonne for the use of his wife

And alsoe I give and
bequeathe unto my Sonne in Law the Earle of Exeter the sume of one hundred
pounds of lawful money of England to buy him a Ring and to my daughter
in Law the Countesse of Devonshire the sume of one hundred pounds of like
money to buy her a Ring

And whereas I have by one Indenture of Bargaine
and sale for one yeare bearing date the Twelveth day and one other
Indenture of Grant or Release bearing date the Thirteenth day of this
present month of August both made between mee of the one part and
Richard Newman of Fifehead Magdalen in the County of Dorsett Esq^r. Roger
Jackson of the parrish of S^t Clement Danes in the County of Midd[le]s[e]x Gent
and Francis Child of London Goldsmith of the other parte Granted settled
or conveyed my house or Capitall Messuage after in Rowhampton in the
County of Surry and lands thereunto the sayd Richard Newman Roger
Jackson and Francis Child and theire Heires to the use and behoofe of my
selfe for and during the terme of my naturall life without Impeachment of
or afte and Immediately from and after my decease to the use and behoofe of the
sayd Richard Newman Roger Jackson and Francis Child theire Heires
and Assignes In Trust that the sayd Richard Newman Roger Jackson and
Francis Child theire Heires and Assignes should within six months after
my decease or assoone after as conveniently might bee by or out of the rents
and profitts of the sayd house Heriditaments and premisses or by sale or
Mortgage thereof or any parte thereof or by allsome or any of these or any
other wayes or meanes they should thinke fitt Raise the sume of Six Thousand
pounds of lawfull money of England to bee Imployed or disposed to or for
such person and persons and for such use and uses intents and purposes
and in such manner as I the sayd Elizabeth Countesse Dowager of
Devonshire should by my last will and Testament in writing or any other
writing or writings under my hand testified by two or more persons
appointed in that behalfe as by the sayd verited Indentures amongst other
things may appear Now I the sayd Elizabeth Countesse Dowager of
Devonshire doe hereby rattify and confirm the sayd grant or settlement
by the sayd verited Indentures And doe hereby appoint that the sayd Richard
Newman Roger Jackson and Francis Child theire Heires and Assignes shall
by or with the sayd sume of six Thousand pounds pay the severall sumes of
money herein after mentioned which I hereby give unto my Grandchildren
herein after named that is to say

Unto my Grandsonne John Lord Burghley
the sume of Five Hundred pounds of Lawfull money of England

Unto my
Grandsonne William Cecill the sume of one Thousand and Five Hundred
pounds of like money

Unto my Grandsonne Charles Cecill the sume of one
Thousand and Five Hundred pounds of like money

Unto my Grandsonne
Edward Cecill the sume of one Thousand pounds of like money

Unto my
Granddaughter the Lady Elizabeth Cecill the sume of one Thousand and
Five Hundred pounds of like money

And I doe hereby will and appoint
that the sayd severall sumes of money hereby given or appointed unto my
sayd Grandchildren shall be payable to them respectively att their respective
ages of one and Twenty yeares and not before and if one or more of them shall
happen to dye before his or her Age of one and Twenty yeares not marryed

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or having any child then living Then the sume of money hereby given or
appointed to him or her soe dying shall not goe to the Executors [or Administrators] of him or her soe
dyeing but to the Overlivers of them Equally to bee divided amongst or betweene
them or to the Overliver of them in case all of them except one shall happen soe
to dye And my will is that the sayd severall sumes of money hereby before given
unto my sayd Grandchildren shall bee charged uppon my sayd House and lands
and the same shall bee lyable to the raiseing and paying thereof with Interest
after the rate of Five pounds p Centa p And from the end of six moneths
next after my decease till the same sumes shall bee raysed and received by
the sayd Richard Newman Roger Jackson and Francos Child theire Heires
and Assignes or some of them and such I forest as shall bee soe ratified and
received and also such other Interest proffitt or Increase as (After the sayd
sume of Six Thousand pounds shall bee raysed and receaved as aforesayd)
shall bee made thereof or of any parte to there of shall bee payd unto my sayd
Grandchildren respectively together with their respective shares of the sayd
sume of Six Thousand pounds when their respective shares shall bee respectively
payable to them as aforesayd and not before proportionally according to their
respective shares in the sayd sume of Six Thousand pounds

And I doe hereby
will and appoint that all my Personall Estate except such part thereof as I
have hereby otherwise disposed of or shall hereby or by any other writing to
bee parte of my will otherwise dispose of Be applyed and disposed of to and for
the payment of my Funerall Charges and Expenses and my debts and Legacyes
particularly such debt or debts sume or sumes of money to the sayd Roger
Jackson as I have or shall acknowledge to bee due and owing to him from
my selfe or any other by any note Bill or writing under my hand

And after my funerall charges and expenses and all such debts and Legacyes
payd or sattisfyed Then what shall remaine of my Personall Estate after
the payments aforesayd shall bee for the peculiar use and benefitt and att
the only disposall of my sayd daughter the sayd Anne Countesse of Exeter
with which the sayd Earl of Exeter shall not intermeddle nor shall the
same bee in any sort lyable or subject to his debts arts or disposition And
therefore to or for that purpose the same shall be payd and disposte to sum
person or persons as shee shall from time to time or att any time or
times by any writing or writings under her hand appoint in that behalfe
And in default of such appointment or when not such appointment shall
bee ) shall bee payd to her selfe and the Receipt or Acquittance of the sayd
Countesse of Exeter or of such as shee shall soe appoint shall bee a sufficient
discharge to all intents and purposes for my executors and my sayd
Trustees and every of them the[?] and every of their Heires Executors
and Administrators against the sayd Earle of Exeter and all and every
other person and persons for soe much money or any other thing
belonging to my Personall Estate as shall bee thereby acknowledged to bee
received

Alsoe I doe hereby will and appoint that my Executors doe provide
and allow Dyett lodging Entertainment and wages for and to all such as
shall bee my household servants att the time of my death in a competent
and fitting manner and order for the space of Two Moneths next after my
decease

And that my Executors and the sayd Richard Newman and his wife
and my sayd servants only and not others have mourning given from out
of my Personall Estate But that if any others thinke fitt (which I desire they
will not) to putt themsleves or servants into mourning they doe itt att they
owne charge

And of this my last will and Testament I make and ordaine
my sayd deare sonne the Earle of Devonshire and the sayd Roger Jackson<br/>

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Jackson heretofore servant to my late deare Lord Executors revokeing allformer
Wills by mee made And my will is that my sayd Executors and Trustees or any of
them shall not bee answerable for or lyable to the [?] deed neglegent ot default
of the other or for any losse that shall happen by their or any of their keeping or
placeing or putting out att Interest the sayd sume of six Thousand pounds or
any parte thereof or of any parte of my Personall Estate they doeing therein
according to their Judgement and discretion And that my sayd Executors and
Trustees and every of them herein and every of their Executors and Administrators
shall and may out of sure Interest or Proffitts as shall bee made of the sayd six
Thousand pounds or any parte thereof Reimburse him and themselves
respectively All such costs Expences and charges as they or any of them shall
att any time or times suffer Expend or bee putt unto by ordering manageing
or placeing out the sume or any Parte thereof

In Witnesse whereof I the sayd
Elizabeth Countesse Dowager of Devonshire Have to this my last Will and
Testament conteyned in [the] Eight Precedent Sheetes of Paper and this last
sheetes sett my hand and to this last sett my hand and seale and alsoe my
seale to the Ribbon fixed on the Topp of this my Will the Tewntyeth day
August in the yeare of our Lord Christ One Thousand Six Hundred
Eighty Nine E. Devonshire Signed sealed and published by the
before named Elizabeth Countesse Dowager of Devonshire to bee her
last will and Testament in the presence of us who as witnesses of the same
have in her presence subscribed our names Anne Newman Diana Cecill Eliz Rogerson John
Whildon

A Codicill or Writing to bee parte of my will
bearing Date the day of the date hereof
Whereas I Elizabeth Countesse Dowager of Devonshire
have not in or by my last will given any Lecacyes or sumes of money to
my servants or to the poore which I alwayes designed to doe Now I the
sayd Countesse hereby give Unto each and every my Household Servants
that have or receive wages thee sume and vallue of one yeares Wages
according to the rates or sumes they yearly receive in and by my Stewards
book of Accompts

And I doe give unto the poore of the Towne of
Rowhampton in the County of Surry the sume of Fiveteene pounds To the
poore of the Towne of Putney in the same County the sume of Tenne
pounds These two sumes to bee distributed and delivered by and att
the direction of [ blank space ] Pannett of Putney aforesayd Chyrurgeon
and my servant John Whildon

Item I give to the poore of the Towne and
Parrish of Heath in the County of Derby the sume of Fiveteen pounds
To the poore of the Towne and Parrish of Rowthrone in the sayd County
of Derby the sume of Fiveteene pounds To the poore of the Towne and
parrish of Edensore in the sayd County of Derby the sume of Fiveteene
pounds The sayd severall sumes given to the sayd Three Townes
and Parrishes to be distributed and delivered by and att the direction
of John Bullock of the Hilltopp in the same County Esq^r M^r
Twigg Viccar of Edensore aforesayd and James Whildon of Hardwicke
in the same County Gent or the Survivour of them In witnesse whereof I
have hereunto sett my hand and seale The twentyeth day of August in the

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The yeare of our Lord Christ One Thousand Six Hundred Eighty and
Nine Devonshire Signed sealed and published by the sayd Countesse
Dowager of Devonshire to bee parte of her sayd Will in the presence of
Anne Newman Diana Cecill Eliz Rogerson John Whildon

Octo: 02 89
I Give to M^s: Susane Trufell the sume of One Hundred pound
Witnesse my hand E Devonshire.

The 02 of October 89
I Give to M^s Deana Cecill the sume of Five Hundred pounds with
Mourneing and all Pictures done with my owne hand Witnesse my
hand E Devonshire.

The 02 of Octo: 89
To Better Rogerson 02 Pound To Margarett Crossill 15 pound
To An Supper the same Witnesse my hand E Devonshire.

All the pictures I did with my owne hamds in Oyle Colours
I give to M^s Diana Cicill

My wearing clothes I leave to my women
servants and Die to take what shee likes and divide the rest and alsoe
my points and Laces to her and Trussett Grey Linen or [?] Hoodes
to bee divided as shee shall thinke fitt to bee ordered by M^s: Diana Cicill

Octo: 02 89
'I Give to M^s Newman the sume of Fifty pound with
mourning to her and her Husband M^r Newman Witnesse my
hand E Devonshire

Octo 02 89
'I Give to M^r Roger Jackson the summe o Two Hundred
pound being trouble I have soe many to give to That I think
this too little for what he deserves Witnesse my hand E Devonshire

'Whereas I Elizabeth Countesse Dowager of Devonshire in
and by my last Will and Testament Have (amoungst other Legacyes)

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Given or appointed to my Grandchild William Cecill the sume of one Thousand
and Fiv Hundred pounds To my Grandson Charles Cecill the sume of one
Thousand and Five Hundred pounds and to my Granddaughter the Lady
Elizabeth Cecill the like sume of one Thousand and Five Hundred pounds to bee
payd to them severally att their respective ages of one and Twenty yeares
Now I doe hereby declare and apoint that in case my sayd Granddaughter
shall happen to marry before her sayd Age of one and Twenty years Then the
sayd One Thousand Five Hundred pounds with what shall bee made thereof for
Interest sha;; bee payable att the day of Marryage anything in my sayd will to
the contrary notwithstanding

And I doe herby revoke the Legacy of One Thousand
and Five Hundred pounds given to my Grandson William Cecill in or by my sayd
Will and doe hereby give unto him only the sume of one thousand pounds

And
I doe alsoe hereby further Will and devise to my sayd Grandsonne Charles
Cecill the further sume of Five Hundred pounds over and above the one
Thousand and Five hundred pounds given him in and by my sayd Will

And
doe hereby appoint that the sayd Legacyes to the sayd William and Charles.
shall bee payable and payd in like manner as their Lecacyes in and by my
sayd Will are or were appointed to be payd and subject to the same
Limittation or appointment

And whereas what little money I have in my
owne or any other hand and what I have charges Uppon my house and lands
att Rowhampton may fall short to pay my Engagements and Lecacyes I hope
my other Persanall Estate Undisposed of will sufficiently doe it

And I doe hereby
Will and appoint that what I have given away disposed or ordered in and by
severall notes or writings under my one hand and placed together with
my Will (though not Witnessed) shall bee part of my Will and bee performed
by my Executors as if the same had buin written or inferred in my Will
only and except that those and such as have Legacyes in or by the sayd Notes
and Will and any Codicill to or parte of my Will shall not respectively have
or claime the Lagacyes or benefits mentioned in the sayd Will Codicill and
Notes too but shal respectively have the Legacyes or benefits given them
by the sayd Will Codicill or notes as shall respectively be most for their
benefitt and advantage

And Lastly I doe hereby declare these presents to
bee a Codicill or arte of my last will and Testament In witnesse whereof
I have hereunto sett my hand and seale this One and Twentyeth day of
Octoberin the yeare of our Lord One thousand six Hundred Eighty and
Nine E Devonshire Signed Sealed and published in the presence
of Susan Trussell Elizabeth Rogerson Roger Jackson

Whereas I Elizabeth Countesse Dowager of Devonshire
Have in and by my last will and some Codicills parte of my Will
given or appointed to every one of my servants the Vallue of one yeares
wages as a Lagacy And whereas Thomas Hitchcott and Thomas Williams
my Gardiners but lately came into my service and therefore I have thought
fitt not to make them in equall Capacity with those have served me longer now
all persons therefore whom it may any wayes concerne that I the sayd
Countesse doe heeby revoke any Legacy given or intended in and by my
Will or any Codicill to them the sayd Thomas Hitchcott and Thomas Williams
or either of them And doe hereby in Lein thereof give and devise to the sayd
Thomas Hitchcott and Thomas Williams severally One Quarter of a Yeares
Wages apcece att the rates they are payd by my Stewards booke and noe
more and I doe hereby appoint these presents to bee aparte of or Codicill to my

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My last Will In Witnesse whereof I the sayd Countesse have hereunto
sett my hand and seale this Eighth day of November One Thousand
six hundred Eighty and Nine E D sealed and devlivers and
published in the presence of D Cecill Eliz Rogerson Roger Jackson

Sources

1. ↑ Will of Elizabeth Countess of Devonshire, Dowager Reference: PROB PROB 11/402/135 Description: Will of Elizabeth Countess of Devonshire, Dowager, Date: 20 August 1629 Held by: The National Archives, Kew Legal status: Public Record(s) Closure status: Open Document, Open Description The National Archives online. Accessed 18 February 2022.