Will of John Herdson of Folkestone 1622

Date: 1622 to 1622
Location: Kent, England
Surname/tag: Herdson

Will

Sentence

[Translated from Latin]

In the name of God, Amen. Heard, seen, understood and fully and maturely discussed, by us, William Swift, clergyman and licensed preacher of the Word of God, Surrogate or legitimate substitute of the venerable and distinguished man, Sir James Hussey, knight, Doctor of Laws, Commissary-General of the City and Diocese of Canterbury, duly and legitimately deputed; the merits and circumstances of a certain cause or matter of testamentary probate or approval of the testament or last will of John Herdson esquire, deceased, late while he lived of the parish of Folkestone in the Diocese of Canterbury, having, while he lived and at the time of his death, considerable goods in various dioceses or jurisdictions in the Province of Canterbury and within the same Diocese of Canterbury; and there he died; which is before us in Judgment between the venerable man Basil Dixwell, the nephew of the said deceased by his sister, and the executor named in the testament or last will of the said same deceased, earnestly advocating for approval of the said will, on one side; and Barbara Herdson alias Newce, Anne Herdson alias Swayne, William Dixwell, Humfrey Dixwell, Barbara Dixwell alias Brent, James Dixwell, Anne Dixwell, Mark Dixwell, Abigail Dixwell, John Dixwell, Charles Dixwell, Sir Nicholas Stoddard, knight, Abigail Barker alias Waterhouse, John Archdale, Martin Archdale, Robert Archdale, Daniel Archdale, Sarah Archdale, John Ayliffe and Robert Ayliffe, the next of kin of the aforesaid John Herdson, esquire, deceased, in particular, and all and singular other persons in general having, or claiming to have, a right or interest in the will or in the goods, rights or credits of the said deceased; the accused and complaining party, on the other side, a dispute that has been ongoing and remains undecided, duly and lawfully proceeding, on the part of the aforementioned venerable man Basil Dixwell esquire, executor aforesaid, lawfully appearing before us through John Fish, notary public, his lawful attorney; the aforesaid Barbara Herdson alias Newce, Anne Herdson alias Swayne, William Dixwell, Humfrey Dixwell, Barbara Dixwell alias Brent, James Dixwell, Anne Dixwell, Mark Dixwell, Abigail Dixwell, John Dixwell, Charles Dixwell, Sir Nicholas Stoddard, knight, Abigail Barker alias Waterhouse, John Archdale, Martin Archdale, Robert Archdale, Daniel Archdale, Sarah Archdale, John Ayliffe and Robert Ayliffe, the next of kin of the aforesaid John Herdson esquire, deceased, in particular, and all and singular other persons in general having or claiming to have a right or interest in the will or in the goods, rights or credits of the said deceased, otherwise lawfully summoned, having been publically proclaimed for a long time and sufficiently awaited, not appearing in any way, but still continuing to be absent, the aforesaid Basil Dixwell executor aforesaid, earnestly prays and demands that sentence may be passed and proclaimed, that justice may be done on his part; since the aforesaid parties, both in particular and in general, not appearing in any way but continually absenting themselves; And we, having first examined diligently and thoroughly the whole and entire process held and made before us in this matter and between the aforesaid parties, and having paid heed to the law in this regard, we have thus thought fit to proceed, and proclaim the definitive sentence or final decree to be issued in this case, and we do accordingly proceed. Thus having proposed, deduced, alleged, expertly proved and confessed, we have found clearly and conclusively that the intention of the part of the aforementioned Basil Dixwell esquire, said executor, was set forth in a certain allegation given and presented previously before the venerable and distinguished man Sir Jacob Hussey Commissary of the aforesaid jurisdiction, the tenor of which certain allegation follows and is: The seventeenth of June in the year of Our Lord 1622, at this day and place appeared personally John Fish, notary public, lawful attorney of Basil Dixwell esquire, nephew, by his sister, and executor of the testament or last will of the aforementioned venerable and distinguished man John Herdson esquire, late while he lived etc, And which certain allegation, here read and inserted, we hold and we wish it to be held sufficiently and fully established and proven, nothing effectual or sufficient has been excepted, proposed, alleged, or proven on the part of the aforesaid [opposing] parties, either in particular or in general, that in this regard might counter or in any way weaken the intention of the said Basil Dixwell esquire, said executor. Wherefore, we, William Swift, clergyman, surrogate or substitute aforesaid, having first invoked the name of Christ, and placing and having God alone before our eyes, and by and with the advice of those experienced in the law with whom in this regard we took counsel, of the strength of force and efficacy of the testament and last will of the aforementioned John Herdson esquire, aforesaid testator, deceased, exhibited in this case and annexed hereto, as well as the aforesaid John Herdson esquire, the aforesaid testator, deceased, while living, being of sound mind and in good memory, made his testament and last will, in the present annex, conceived or written part in parchment and part in paper, and that he named and appointed Basil Dixwell his nephew as executor of his said testament or last will, and declared that the testament, and all and singular its contents were true and had proceeded from the mind of the said testator and had been duly ordered and arranged, and we pronounce, decree and declare it to be so; that the testament or last will conceived or written on parchment and paper, exhibited and annexed hereto, as the true and complete testament and true and complete last will of the aforesaid John Herdson esquire, said testator, deceased, is proven and confirmed; by this our definitive sentence or final decree which we pronounce and promulgate in these writings. Thus, I pronounce, William Swift, Surrogate.

The said sentence was read and pronounced by the Surrogate, having been heard the third of December 1622 at the request of Fish, the attorney etc in the consistory court etc sitting in judgement then and there, as is recorded