Will of Francis Viscount Montague, 1682

Date: [unknown] [unknown]
Location: [unknown]

National Archives, Kew, Surrey, England

Will of Francis Viscount Montague

PROB 11/371/353

Prob date 29 November 1682

transcribed by Helen Ford, divided into sections for easier reading (still to be proof read)

Francis Browne, 3rd Viscount Montagu

In the name of God Amen the fifteenth day of May in the nyne and twentieth yeare of the reigne of our Sovereign Lord Charles the Second by the grace of God of England Scotland France and Ireland, King defender of the faith etc Annoque Dmni one thousand six hundred seventy and seaven I Francis Viscount Montague being in health of body ,and of good and perfect memory thanks bee to God, constitute ordeine and make this my last will and testament in manner and forme follownig that is to say

First I recommend my soule into the hands of Almighty God trusting through the aboundant merits and mercies of my Lord and Saviour Jesus Christ to be saved and received into eternall blisse my body I will to the earth to bee buried with decencie and privacie amongst the rest of my Ancestors in the chapell of Midhurst in the county of Sussex in the vault there And as to the disposall of my reall and personall estate subjectto the devises limitations or appoyntments of this my last will I dispose of the same as followeth

And first my will is that all such debts as I shall owe at the time of my decease bee iustlie and truly paid out of the estate settled on the trustees hereafter menconed for that purpose by the devise order and discrecon of my executors hereafter named

Item I give unto such poore people as shall attend my corps at the time of my buriall the summe of twenty pounds or twelve pence apeece to every poore person soe as they doe not exceed above fower hundred poore people to be distributed by or at the discrecon of my executor

And where as by Indenture tripartite bearing date the fifth day of January in the seveanth yeare of the reigne of our late Sovereign Lord King Charles the first and made betweene mee the said Viscount Mountague of the first part Henry Bishop of Henfield in the said County of Sussex Esq of the s’cond part and Thomas Gifford of London Esquire and William Cape of London Gent on the third part and by recoverie and other Conveyances and assurances in the law I the said Viscount have settled amongst other things All that the capitall messuage called Cowdray House and the parke called Cowdrey parke als Single parke with the appertenances in the said county of Sussex unto the uses intents and purposes and under the the provisoes and limitations therin specified and declared In which said Indenture there is contained one provisoe or Covenant to the effect or purpose hereafter following (that is to say) Provided always that it should and inought bee lawful to and for mee the siad Viscount at all times and from time to time durenig my naturall life at my will and pleasure when and soe often as it should pleas mee by any writing to bee rased and subscibed with my owne proper hand in the presence of three suffcient and credible witnesses or by my last will and testament in writing to bee sealed and subscribed with my owne proper hand in the presence of three sufficient and credible witnesses at the least to after determine diminish inlarge change or make void all or any of the uses limitations or purposes comprized in the said Indenture or then after to bee limitted or declared by mee the said Viscount as aforesaid or the use or uses of any part, or parcell of the premisses (not tending to the disincrow or overthrow of the estates therein limitted in joynture to Jane the Viscountesse Mountague or Dame Mary Gerard both hitherto deceased nor of any lease of [Woodsales?] already made or then after to bee made of upon or from the premises or any part or parcell therof or upon or from any the Coppyhold or Customary lands of the Mannors therein [menconed?] or either of them And likewise that it should and inought to be lawful to and for me the said Viscount at my liberty and pleasure when and soe often as it should please mee dureing my life by my last will and testament or by other writing to bee by mee sealed and subscribed as aforesaid to limit and appoint the use of the said capitall messuage parke lands and premises (amongst other things) to my selfe or any other person in fee simple, fee tayle for life lives or yeares with condicon or limitacon or otherwise without condicon or limitacon as to mee the said Francis Viscount Mountague shall bee though meete and convenient as in and by the said Indenture amongst other things therein conteined more fully and at large appeareth Now therefore I the said Francis Viscount Mountague by virtue and in pursuance of the said power and authority to mee limitted and reserved in and by the said Indenture doe hereby revoke annihilate and make void all and every the uses in the said Indenture limmitted and declared as for and concerning the house called Cowdrey house and the said parke called Cowdrey Parke als Single Parke with the appertenances and by this my last will and testament by mee sealed and subscibed in the presence of the credible witnesses whose names are here upon indorsed doe hereby devise limitt declare and appoint the use of the said house called Cowdrey houseand the said Parke called Cowdrey Park als Single parke with th'appertenances and of all the orchards gardens barnes stables buildings and outhouses to the same belonging with their and every of their apperenances immediately from and after my decease unto my dearly beloved wife Elizabeth Viscountesse Mountague together with the use of the goods furniture and household stuff as shall bee remainig and being at the time of my decease in and about the said house called Cowdrey house for and during her widdowhood and then to cease And also I giveand devise unto my salid wife All that my Manner of [Calrets?] in the said county of Sussex and all lands tenements and hereditaments thereto beonging accepted reputed or taken to bee part or parcell thereof with their and every of their appertenances And also all the Rectories or parsonages impropriate of Castborne Lodsworth and Farnehurst And all Tythes Gleabelands profitts comodities advantages and hereditaments to the said Rectories or either of them belnging or ejoy’d as part or parcell of them or either of them for and dureing her widdowhood and then to cease. And mywill and desire is that the said goods householdstuff and furniture in their necessary usage bee preserved and kept with what diligence and care may bee from wilfull wast hurt or spoyle for the use and benefitt of my next heire male to whom my will is that as well as the said goods and furniture as also ky said house called Cowdrey house the said parke caled Cowdrey Parke als Singl Parke And all other the aforesaid Mannor lands tenements heriditaments rectories or parsonages impropriate and premisses with their and every of their appertenances before to my said wife given devised limitted or appointed dureing her widdowhood shall foe and remain Immediatilie after my said wifes decease or her intermarriage which shall first and next happen after my decease

Item I give and bequeath unto my said deare wife the summe of One thousand pounds of lawfull English money to bee paid her within six monethes next after my decease And also I doe hereby will limitt and appoint that after my funerall charges expended bee satisfied as soon as may bee the legacies to the severall persons menconed in a schedule to this my will [ ] bee satisfied and paid

And whereas I the said Viscount by Indenture bearing date the Nyne and Twentieth day of May in the six an thirtieth yeare of the reigne of our Sovereign Lord the Kings Mai’tie that now is made by and between mee the said Viscount of the one part and John Caryll of Goodwood in the said County of Sussex Esq William Roper of the Citty of London Esq and William [Yalden?] of Blackdown in the parish of Loddesworth in the said COuntie of Sussex Esq of the other part for the consideracon therin expressed did grant bargain sell lymitt and appoint unto the said John Caryll William Roper and William Yalden their heires and assigens All those the mannors of Loddesworth Sulham [Ingasshall] and the demeasnes of the mannor of Seddlescomb with their rights members and appertenances in the said County of Sussex and the parke and grounds called [ ] parke in the said County of Sussex And all those the Mannor of Shalford Chiffors and Shalford Bradstone Rigley and Send with rights members and appurtennances in the County of Sussex and the Rectory of Send aforesaid And diverse other messuages farmers lands tenements hereditaments in the said Counties of Sussex and Surrey in the said Indentures mentioned .Nevertheless under this trust and confidence amongst other trusts that they the said John Caryll William roper and William Yelden and the survivors and survivors of them and the heires of the survivor of them shall out of the rents issues and profitts of the said Mannors landes tenements hereditaments and premises in the said indentures mencoed or by sale of the Inherittance through or any part thereof or by leases of Mortgages thereof or any part thereof satisfy and pay all and every the debts and summes of money then due and owing by mee the said Viscount amounting in all to the summe of twenty thousand pounds or thereabouts And also all other the debts of mee the said Viscount And all Annuities legacies rents and other summme and summes of money which I the said Viscount by my last will and testament in writing or by any other writing or writings sealed and subscribed with my owne proper hand in the presence of two or more sufficient and credible witnesses or by any Codicill or Schedule to bee annexed to such my will orother writing shall lymitt and appoint in such sort and manner as in and by my said last will shall bee directed ordered lymitted or appointed And upon this further trust and confidence that after all and singuler the said debts summe and summes of money annuities and payments shall bee paid and discharged And all and singler the trusts before in the said Indenture menconed bee truly performed They the said John Caryll William Roper and William Yalden and the survivors and survivor of them and the heires of the the survivor of them shall well and truly execute and convey an estate in fee simple of all the said Mannors Lands and premises which remaine unsold and the Revercon and Revercons thereof subject into such Leases as shall bee by them made unto such person or persons to whom the said Viscount by his last will and testament or by any writing to bee by him seaed and subscribed with his owne proper phand before two or more credible witnesses shall lymitt and for want of such lymitacon and appointment then to the right heires of the said Viscount forever with diverse other condicons provisees and agreements in the said last recited Indenture menconed as by the said Indenture [ ] benig thereto had more at large it doth and may appeare Now therefore I the said Francis Viscount Mountague by virtue and in persuance of the power and authority to mee lymitted and reserved in the said last recited Indenture by this my last will and test’ment by mee sealed and subscribed in the presence of the credible witnesses whose names of hereupon endorsed as witnesses doe hereby devise lymitt declare and appoint that they the said John Caryll William Roper and William Yalden and the survivor or survivors of them and the heires of the survivor of themdoe and shall out of the rents issues and profitts to bee by them raised out of all and singuler the said Mannors Lands tenements hereditaments and premisses to them conveyed in and by the said last recited Indenture in the said Counties of Sussex and Surrey or by the sale thereof or any part thereof in otherwise according to the trust in them reposed satisfy and pay the said summe of twenty thousand pounds debts in the said Indenture menconed which remaines as yet insatisfied As also all and every other my debts annuities summe and summes of money which remaine due and payable at the tyme of my decease

And after the said debts summe and summes of money Annuities and payments shall bee paid and discharged if the same shall not bee paid and discharged or otherwise secured to bee paid by mee the said Viscount in my lifetime And all and singuler the Trusts in the said Indentures menconed bee truly performed That then they the said John Caryll William Roper William Yalden and the Survivors and Survivors of them and the heires of the survivor of them doe and shall well and truelie execute and convey an estate in fee simple of All and singular or soe much of the said Mannors Lands tenements hereditam’ts and premises with t’appertenances in the said Counties of Sussex and Surrey to them conveyed as aforesaid and shall remaine then unsold and the revercon and revercons thereof (subject neverthelesse ro such sealed devises or other grants as shall by them at anty time before made thereof or any part thereof) To the use and behoofe of Francis Browne my sonne and heire apparent and of the heirs of the said Francis forever.

And whereas there is noe estate as yet settled by mee on Henry Browne my youngest son Now therefore I the said Viscount for a porcon for my said son Henry and for the better support and maintenance of his family and the child and children of his body yssuing dow by this my last will and testament give devise and bequeath unto my said sonne Henry All that my mannor or Lordshipp of Lenham withall and singular its rights members and appertenances whatsoever in the County of Kent And all that my capitall messuage in Leneham aforesaid And all other Messuages Houses Farmes Lands Tenements Woods Underwoods Coppices Coppicegrounds Commons Wasts Rents Revercons Services Courts Leete Courts Baron View of Frankpledge Royalties Liberties Juridicons priviledges emoluments and hereditaments whatsoever in the said Mannor of Leneham belonging or in any wise appertemenier situate lyeing and being in Lenham aforesaid or elsewhere in the said County of Kent And all that the rectory or parsonage impropriate in Leneham aforesaid and the Avowson of the vicaridge of Lenham aforesaid And all tithes tenthes Glebelands and oblacons [obveicons?] profitts Commodities and appertenances whatosever to the said Rectory or parsonage impropriate of Leneham aforesaid belonging or in any wise apperteining To the use uses intents and purposes hereafter in and by this my last will mencon’d & specified and declared (that is to say to the use and behoofe of my said sonne Henry Browne for and dureing the term of his naturall life and after his decease then to the use of the first sonne of his body lawfully begotten or to bee begotten and of the heires male of the body of such first sonne of the said Henry Browne begotten or to bee begotten and for want of such Issue to or for the use of the second theird fourth fifth sixth and all and such other sonne or sonnes of the body of the said Henry lawfully to bee begotten severally and respectively and after another as they and everie of them shall bee in priority of age and seniority of Birth and of the severall and respective heires male of the bodie and bodies of all and every such sonne and sonnes Issueing the body of such sonnes and their heires male of his body isssuing being always as prefered before the younger such sonnes and the heire male of his or their bodie or bodies issunig and for want of Issue and in case my said sonne Henry shall have noe heires male of his body Issueing thereto the use of the heires male of the mody of mee the said Viscount Issueing and for want of such issue then to the use of the right heires of mee the said Viscount forever Provided always and my will and intaining is and I doe hereby will lymitt and appoint that if in case my said sonne Henry shall have noe Issue male of his bodie but shall have one or more daughter or daughters at the time of his decease Then my will is and I doe hereby direct and appoint that my said sonne Henry by his last will and testament shall have power to raise out of the said Mannor Rectorie and premises or some part thereof the summe of two thousand pounds of lawfull English money for such daughters porcons if more than one the said two thousand pounds to bee equally divided amongst them share and share alike And also that it shall and may bee lawfull to and for my said sonne Henry Browne at any time dureing his life time to make settle and assure unto or upon his now wife or any wife or wives that hereafter hee shall happen to marry A joynture or Joyntures out of the said manor and Rectory of Leneham. Or either of them (such jointure or jointures not exceeding the yearly value of one hundred pounds per annum And after such Jointure or Jointures made shall end and determine and each daught or daughters porcons raised as aforesaid Then the said Manor of Leneham Recory and premisses to remain and bee to the uses and purposes as are here before menc’oned specified and declared

Item I give and devise onto my Nephew John Petre esquire the summe of one hundred poundes to be imediatelie paid him after my decease and to bee disposed of by him according as I have directed and appointed

Item my will is that my domestique servants and family bee continued together after my decease by the space of three monethes and the charge of housekeeping bee defrayed by my Executors out of my testamentary estate And lastly I doe nominate the right honourable Christopher Lord Teynham S’r Charles Walgrave Knight the said John Caryll and John Tourner Gent my servant Executors of this my last will and testament revoking all former and other wills whatsoever In witness whereof I the said Francis Viscount Mountague whereonto sett my hand and seale the day and yeare first above written

A Schedule of the severall legacies given by mee Francis Viscount Mountague in this my last will annexed.

Imprimis

I will and devise unto my Nephew( John Blomer esquire William Roper esq in this my last will menconed and John Belson of the Citty of London esquire the summe of fifteene hundred pounds of lawfull English money to bee disposed by them as I have or shall direct and appoint_______________________________________________________1500L

Item I given and devise to my servants hereafter particularly named if they should continue in my service at the time of my decease the severall legacies as followeth vis

To JohnFrancis gent my servant fifty pounds_______________________ ________50L

To Nicholas [Emnor?] gent my servant the sume of fifty pounds_______________50L

To Francis Complen my servant the summe of Twenty pounds_________________20L

To Paul Adams my servant the summe of fifty pounds _______________________20L

Item I give to all other my servants in and about my house as shall bee reteined in my service at the time of my decease halfe a yeares wages over and above such wages as shall bee then due to them

signed sealed and delivered published and declared in the presence of us N Coldham Robt Throckmorton Stephen Bowes Rich Stiles

Probate was granted 29 November 1682 (John Turner one of the executors granted administration)