Will of Roger Palmer, Earl of Castlemaine, 1705

Date: [unknown] [unknown]
Location: [unknown]
Surnames/tags: Palmer Villiers

This is a transcription of the register copy of the will of Roger Palmer, 1st Earl of Castlemaine, proved at the Prerogative Court of Canterbury.
He wrote his last will on 30 November 1696 and it was proved at London on 25 October 1705. ^[1]

Spelling, punctuation and line breaks as per the original.
Paragraph breaks (at start of new of bequest) and bold text are my own for ease of reading.
ff has been rendered as F, and ligatures and abbreviations have been expanded in [square brackets].
Pages 3 and 4 of the will have several long margin notes. These are inserted into the will at the place indicated and are indicated by italic text.

Persons mentioned

Roger was husband to Barbara Palmer (nee Villiers), Countess of Castlemaine and Duchess of Cleveland in her own right. She was still alive at the time of his death. She was not mentioned at all in his will.

Barbara had given birth to six children while married to Roger Palmer. Roger only mentions one of them, the eldest Anne Palmer, who he makes one of his legatees and executors. There is no mention of any of the other five children.

• Lady Anne, Countess of Sussex Anne Palmer, first child of Barbara Palmer after the marriage of Roger and Barbara, but he was probably not her father. The only one of Barbara's children to continue to use the surname Palmer up until her marriage.
• John Jenyng or Jennings
• John Darel or Darell: testator's nephew
• Charles Darel or Darell: testator's nephew
• Dame Catherine Palmer:
• my neece Catherine daughter of Dame Catherine Palmer, and testator's neice
• Roger Jenyns or Jennings
• Edward Nicholas Esq^rs
• James Palmer Esquire
• Dame Catherine Southcott al[ia]s Fairfax widdow
• Catherine Southcott her daughter
• Sir Walter Kirkham Blount Baronet
• Sir William Portman Baronet
• John Southcott Esquire
• John Robinson gentleman
• Thomas Langhorne Gentleman

---

In the Name of God Amen
I Roger Earle of Castlemaine being in perfect health of body and
of sound mind and memory (thanks be given to Almighty God for
the same) Doe make and ordaine this my last Will and Testament in
manner and Forme following hereby revoakeing all former Wills by
me at any time heretofore made And first I commend my soul into
the hands of Almighty God hopeing to be saved through the merritts
of my blessed Lord and Saviour Jesus Christ my body I commit to the
Earth be be decently buryed as is hereafter directed without any
further charge or expence than what shall be absolutely necessary
And as to my Wordly Estate I give and dispose thereof as followeth
that is to say I give and devise unto my dear Lady Anne now
Countesse of Sussex and John Jenyng of Heyam in the County of Midd[lese]x
Esq^r and their heires all and singular my Mannors, Rectoryes
Messuages Landes Tenements and other hereditaments of what nature
or kind soever Scituate lying or being or to be had received or taken
within the Countyes of Cardigan Montgomery and Merioneth or
any of them And the Revertion and Revertions Remainder and
Remainders Yearely and other Rents Issues and Profitts reserved due
or payable for the same and every part thereof And all my Estate
Right Title Interest Claime and demand whatsoever therein or thereunto
To have and to hold the same and every part and parcell thereof
with the appurtenances unto the said Lady Sussex and John Jenyng
and their Heires To the use of them their Heires and Assignes To
and for the Trusts Intents and purposes and subject to the limittac[i]ons
and agreements hereinafter menc[i]ioned limitted and declared
concerning the same that is to say To the intent and purpose that they
the said Lady Sussex and John Jenyns and Survivor of them his or her
Heires and Assignes doe and shall yearely and every yeare dureing
the naturall lives of my Nephews John Darel and Charles Darel by
and out of the Rents Issues and Profitts of Doly=Corlwyn and the
Lands formerly purchased of Richard Mestyn parcell of the pr[e]misses
herein before mentc[i]oned by be in the Countyes of Montgomery and

[page 2]
Merioneth Pay or cause to be paid to the said John Darell and
Charles Darell one Annuity of yearely Rent charge of forty pounds
apeice clear of all Taxes Charges Assessements or other deductions
whatsoever To hold and yearely receive the said severall Annuityes
or yearely Rents charge of forty pounds apeice unto the said John
Darel and Charles Darel and their Assignes for and dureing the
respective naturall lives of them the said John Darel and Charles Darel
the same to be paid at the fourmost usuall Feasts or dayes of Payement
in the yeare (that is to Say the Nativity of our Lord Jesus Christ the
Annunciation of the blessed Virgin Mary The Feast of St John Baptist
and St Michael the Archangell by even and equall portions the
first payment thereof to be begin and be made at such of the said
Feasts as shall be first and next happen after my decease And if the said
Annuityes or either of them or any part of them shall happen to
be behind and unpaid by the Space of twenty dayes next over or
after any the said Feasts dayes whereon the same ought to be paid
as aforesaid That then and from thenceforth it shall and may be
lawfull to and for the said John Darel and Charles Darel respectively
and for their respective Assigns into and upon the said premisses
in the said Countyes of Mongomery and Merioneth herein before
charged therewith to enter and distraine for the said severall yearely
Rents of forty pounds and the distress and distresses then and there
found to be lead drive carry away impound and keep untill such Annuity
or Annuityes and arrearages thereof togeather with all costs damages
and expences sustained by reason of ^this non payment of the said Annuityes
or either of them or any part of them for which such distress or distresses
shall be made as aforesaid shall be fully Satisfied contented and
paid And my further will and mind is that in case by eviction of the
said premisses charged with the said Annuitues or any part thereof
or by any Incumbrance or Incumbrances or other incident now
unknowne the punctuall payment of the said Annuityes or any
part thereof shall happen to ^be impeded and hindered Then and in
such case I direct and appoint that my Executors hereinafter named
doe compleat and make up the said Annuityes by and out of the Rents
and Profitts of my Houses in Middlesex clear of all deductions as
aforesaid

And as for the said Estates and premises in the Countye of
Merioneth and Montgomery subject to the said Annuityes of forty
pounds and forty pounds And alsoe as to the said premisses in the
County of Cardigan Subject to the Joynture of Six hundred pounds
p[er] Ann[um] being the Joynture of Dame Catherine Palmer Secured upon
her marriage and Portion of four thousand pounds payable to her
daughter my Neece Catherine according to the limittation menc[i]ioned
and comprized in a certaine Indenture Tripartate bearing Date the
five and twentieth day of Auguest in the Seaven and twentieth yeare of
the Reigne of King Charles the Second made or menc[i]oned to be made
between me and Roger Jenyns and Edward Nicholas Esq^rs of the First
part James Palmer Esquire Dame Catherine Southcott al[ia]s Fairfax
widdow Catherine Southcott her daughter Sir Walter Kirkham
Blount Baronet Sir William Portman Baronet and John Southcott
Esquire of the Second part and John Robinson and Thomas Langhorne
Gentleman of the third part my will is that the said premisses soe
charged as aforesaid and alsoe all other the premisses in the said Countyes

[page 3]
of Cardigan Montgomery and Merioneth shall be In Trust and to
the Intent and purpose that they the said Lady Sussex and John Jenyns
and Survivor of them his or her Heires and Assignes doe and shall
permitt and suffer

[margin note] Mem[orandum] It was my intention
that the name of my Nephew
Phillip Palmer should have
been inserted in the 2d and 3d
Lines of this Lease but he
persevering in his ill
behaviour to me I have
left it out as if he were
dead, giveing him noe
Share in this my Will and
therefore the Rents and
Profitts of the said Estate
are to goe to the next
person according to right
limittation and appointment
unless he the said Phillipp
should have Heires Male
who are to have their
respective presedences
as aforesaid
Castlemaine]

and his Assignes to receive and take the Rents Issues
and profitts of all and Singular the said premises for and dureing
the terme of of his naturall life And from and after his decease upon Trust
that the first Sonn of him the said Phillip Palmer and the Heires Male
of his body issueing may receive and take the Rents Issues and Profitts
of all and singular the said premisses and in default of Such Issue In
Trust that the second third fourth fifth sixth seaventh and all and every
other Sonn and Sonns of the said Phillipp Palmer and their severall and
respective Heires Male may in like manner Successively one after
another have receive and take the Rents Issues and Profitts of the
said premisses to their respective uses and benefitts And in default
of such Issue Upon Trust that my Nephew Charles Palmer and his
Assignes shall and may receive ^{and take} the Rents Issues and Profitts of the
said premisses for and dureing the terme of his naturall life And
From and after his decease Upon Trust and to the intent and purpose
that the first second third fourth fifth sixth seaventh and all and
every other Sonn and Sonns of the said Charles Palmer and the
Severall and respective Heires Male of their bodyes issueing may
in like manner successively one after another have receive and take
the Rents Issues and Profitts of the said premisses to their respective
uses and benefitts And in default of such Issue Upon further Trust
that the said 'Lady Sussex and the Heires Male or Female of her body

[Margin note] Mem[orandum] the word Female
in the 21 Line was
inserted by me
Castlemaine

issueing may alsoe have receive and take to her and their owne
proper uses and benefitts the Rents Issues and Profitts of all and
Singular the said premisses And for default of any such Issue Then all the
said premisses are herein declared to be In Trust for my owne right
Heires And my further will and meaning is that all and Singular my
Mortgages Leases Goods and Chattells reall or personall in the said
Countyes of Cardigan Montgomery and Merioneth and every of them
be held enjoyed and disposed to the same Trusts Intents and
purposes Successively and in such order manner and forme as I have
herein before limitted directed and appointed touching and concerning
my reall Estate in the said County of Cardigan Montgomery and Merioneth
and not otherwise

And whereas the said premisses herein before menc[i]oned
to be in the County of Cardigan stand charged with the said Joynture
and Portions and with Covenants or Obligations relateing to the
marriage and Children of the said Dame Catherine

[Margin note] Mem[orandum] the word Children
haveing bin omitted by
the Write twas inserted
by me Castlemaine]

Now my Will
and meaning is that in case my said Trustees or their Heires for
makeing good my legall Obligations and preserving the said Estates

[Margin note] Mem[orandum] the words (making
good my Legall Obligac[i]ons
and) being also omitted
they were inserted by me
Castlemaine]

in Cardiganshire free from Incumbrances should at anytime
hereafter be minded to raise any Sum[m]e or Sum[m]es of money
necessary for that purpose by and out the said other above
menc[i]oned Lands in the severall Countyes of Merioneth and
Montgomery or either of them That them it shall and may be lawfull
to and for my said Trustees their Heires and Assignes by and out
of the Rents Issues and Profitts of the said premisses in the said
Countyes of Merioneth or Montgomery or by Sale Mortgage or
other disposition thereof or of any part or parcell thereof to levy

[page 4]
and raise such sum[m]e and sum[m]es of money as shall be sufficient to
discharge the said Incumbrances soe as aforesaid chargeable upon the
said premisses in the said County of Cardigan and accordingly pay
of and discharge the same soe as the said premises in the County of
Cardigan may remaine to and for the uses and Trusts herein before
or otherwise limitte and declared concerning the same free from and
discharged of the said Incumbrances And if any Overplus of money
remaine in my said Trustees hands after such payment made my
will is that the same shall be paid to such person or persons to whom
the use or Trust if the Freehold or Inheritance of the same premisses
in the said Countyes of Merioneth and Montgomery shall at that time
by virtue of this my Will or otherwise belong or appertaine

[Margin note: Mem[orandum] Least it should not be
plainly and fully expressed
by the foregoing Clause in
this my Will my meaning is
and I doe here declare that
my said Trustees (if they think it
advantagious) are hereby
impowered to cleare my
said Estate in Cardiganshire
and to make good my legall
obligation or promise of
ini--- relising to the ^[2]
-- --- Children
-- --- out of my Said
-- the Countyes of
Mongomery & Merioneth
by Sale or otherwise and not
out of my Houses and
personall Estate as having
given all that to the Lady
Sussex as hereafter followes
Castlemaine
And
Whereas my Father Sir James Palmer did settle his Mannors of
Dorney and Boveney and other his Lands in the County of Bucks
on my Brother Sir Phillip Palmer and his Sonns and their Heires
Male of their Bodyes Successively And in default of such Issues on my
said Fathers other Sonns And whereas my said Brother haveing
doct the said Intaile by Suffering a Common Recovery of the said
Mannors did incumber the same with severall Mortgages and Debts
and amongst otheres with eleaven thousand pounds Debt to the Crown
contacted by his being bound in some Bond or Recognizance to his
late Majestie King Charles the second for one of the Receivers of his
Majesties Revenue soe that the said Mannors were extended And
Whereas my said Brother haveing conveyed all his Estate right title
and Interest therein unto me and my heires I not only paid off his Debts
and other incumbrances but upon my humble request to his said
Majestie obtained a grant of all his Majesties Right Title and Interest
in the eleaven thousand pounds as appeares in a patent
under the Great Seale of England to the Lord Jefferys Late Lord
Chancellor of England In Trust for me the said Trust appearing
by a Declaration of Trust under the hand and seale of the said Lord
Jefferys And whereas I did afterwards by Indenture bearing date
the twentieth day of November in the yeare of our Lord one thousand
six hundred seaventy and two resettle the said Mannors of Dorney
and Boveney on the Sonns of my said Brother Sir Phillip Palmer and
the heires Male of their bodyes successively In which said Indenture
(amongst other things) there is a Power whereby my Nephew Phillip
Palmer will be inabled to grant to any wife he should happen to
marry Joynture out the said Mannors And alsoe one other
power for the raiseing a portion of three thousand pounds for my
Neece Phebe Palmer in manner therein menc[i]oned if she survived
her Brothers and their Heires Male and the Sum[m]e of five and
twenty pounds p[er] Ann[um] untill the same should become payable
with a power of Revocation therein contained And whereas I have
otherwise provided for and disposed of my said Neece to her own good
likeing and am minded to revoake and annull the said Power of
raiseing of the said portion of three thousand pounds only and alsoe
the other power whereby the said Phillip Palmer my Nephew is
enabled to make a Joynture to his present wife as aforesaid least the
maintenance of his Brother Charles Palmer should be Straited
by such Joynture if he should Survive his said Brother Phillip and
any such Joynture should be chargeable thereon Now I doe hereby

[page 5]
revoake alter determine and make void the said Severall before
menc[i]oined Powers for makeing a Joynture by my said Nephew
Phillip Palmer to his wife and alsoe for the raiseing the said
Portion of three thousand pounds for my said Neece Phebe Palmer
and doe hereby direct that in liew thereof my Nephew John Jenyns
and his Children (who are the Right Heires of Sir Phillip Palmer
after the failing of his owne issue) doe over and above the five
and twenty pounds yearely pay unto my said Neece raise and pay
unto the said Phebe Palmer and her Assignes within three monethes
next after they or any of them shall come to the possession of the
said premisses by Virtue of any of the Limittations contained in the
said Deed of Settlement the full Sum[m]e of three hundred pounds of
Lawfull money of England And I doe hereby direct and appoint that
the benefit of the said Grant of the Sum[m]e or Debt of eleaven
thousand pounds granted by his last Majestie King Charles the Second
be not only made use of and be In Trust for the protecting the
said Mannors and Lands in the County of Bucks from any dormant
Settlement or Debts of the said Sir Phillip Palmer my Brother or
any of his Sonns but alsoe for the better performance of this my
Will in Relation to the said Annuity of five and twenty pounds
payable to my said Neece and the raiseing the said Sum[m]e of three
hundred pounds when the same shall as aforesaid become due
and payable unto her

Item I give and bequeath until the said
John Jenyns all and Singular my Messuages or dwelling houses with
the appurtenances Scituate in the Savoy near the Strand in the
said County of Middlesex togeather with certaine Lands and
hereditaments in the County of Monmouth which I hold by Virtue
of a Lease for three Lives from the Earle of Pembroke and alsoe all
my Plate Jewells arreares of Rent and all other my personall Estate
of what nature or kind soever In Trust and to the Intent and
purpose that my said Personall Estate with the Product and benefit
that shall from time to time be made thereof after the Annuity
herein aftermentioned shall be paid thereout And the said Annuity
of forty pounds and fourty pounds shall be made good in defect of
payment thereof by and out the Lands herein before charged
therewith be but in disposed of and paid to the said Lady Sussex
or such person or persons and in such manner and forme as the
said Lady Sussex shall direct and appoint not withstanding the
Coverture of the said Lady Sussex And my will and meaning is and
I doe hereby devise and direct that the said John Jenyns or the said
Lady Sussex doe and shall in the first place yearely and every yeare
during the naturall life of my Neece Frances Darel well and truely
pay or cause to be paid unto the said Frances Darel and her Assignes
by and out of my said Personall Estate and the Product and benefitt
thereof and alsoe out of my said houses in the Savoy and the said Lease
in the County of Monmouth one Annuity or yearely payment of Sixty
pounds p[er] Annum of like lawfull money by Quarterly and equall
payments at the four most usuall Feasts in the yeare ( that is to say)
The Annunciation of the blessed Virgin Mary The Feast of St John
Baptist St Michaell the Archangell and of the birth of our Lord Christ
The first payment thereof to begin and be made at such of the said

[page 6]
Feasts as shall first and next after my Decease And I doe desire the
said Lady Sussex for my sake to assist the said Frances Darel in all
things she can And if it be not very inconvenient to her to let the said
Francis Darel live and abide with her if the said Francis Darel desire
it And my further will and meaning is that in case I shall at any
hereafter by any Codicill to be added to this my Will or by any other
writing whatsoever (out of affection of Charity or for rewarding the
good Service of any Servants) be minded to add to the Legacyes of those
already by this my Will bequeathed Then it is my Will and desire
the same by fully performed and taken as part of this my Will but not
to alter and controid the same unless it be soe menc[i]oned in expresse
Words and Termes And my desire is as to the Place of my Buryall that
if I dye in Wales I may be buryed in the Parish Church of Pole
near my Uncle Powis and others of my Mothers Family if in
England then I desire to be buryed in ^our owne Vault at Dorney But if
at my death I should be neare to Wingham in Kent it is my desire
to be buryed there amongst my ancestors Lastly I doe hereby constitute
and appoint the said Countess of Sussex and John Jenyns Executors of
this my last Will and Testament And I give unto the said John Jenyns
the sum[m]e of one hundred pounds to buy him a Ring intreating him
that as he and his Father have ever with great care assisted me in
my Affaires as became kind and near Relations soe he will doe the
like to the said Countesse of Sussex especially since he fully knowes
how all my Estate and business lyes

In Witness therefore that this is
my last Will and Testament I have to each sheete of this my Will the
whole containeing nine Sheetes Set my hand and Seale this thirtieth
day of November in the yeare of our Lord one thousand six hundred
ninety and six Memorandum that the writer of this my Will
haveing by my Order left Spaces for names and Words to them
Belonging the said Names and Words (filling up the said Spaces are
in my owne handwriting: Castlemaine

Signed sealed and
published to be the last Will and Testament of the said Roger Earle of
Castlemaine in the presence of us John Babey James G--ett James
Bake

Probatum [in Latin] at London 25 October 1705 to Lady Anne Countess of Sussex, wife of Thomas Earl of Sussex

Sources

1. ↑ Will: "England & Wales, Prerogative Court of Canterbury Wills, 1384-1858"
   The National Archives; Kew, Surrey, England; Records of the Prerogative Court of Canterbury, Series PROB 11; Class: PROB 11; Piece: 484
   Ancestry Sharing Link - Ancestry uk Record 5111 #829818 (accessed 26 December 2021)
2. ↑ These 4 lines have a stain over them obscuring the words at the start of the line