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Will of Thomas Holte c.1571-1654
Main Will dated 1 May 1650, with subsequent codicils and with rules for an almshouse charity
Transcript by Michael Cayley released for unrestricted use.
Originals - The National Archives; Kew, England; Prerogative Court of Canterbury and Related Probate Jurisdictions: Will Registers; Class: PROB 11; Piece: 249, viewable on Ancestry.co.uk.
This is a PCC copy of the Will etc, and there are a few clear errors. They are all fairly minor.
Main Will
I Sir Thomas Holte of Aston in the County of Warwick knight and Barronett beinge prase God in good and perfect memory and willinge to Sett in Order and dispose of all my worldly goods and Estate I do with his good Assistance Ordayne make and establish this my last will and Testament the first Day of May in the Year of our Saviour Christ 1650 in manner and forme followinge wherwith I do earnestly desire all my friends to be pleased and contented. First and chiefly as in Christianity I am bounden to God earnestly desiring Gods mercy and most humbly craving pardon & forgiveness with a Sorrowfull heart for my great and manifold Sinnes most carelessly and continually committed throughout the course of my whole life. I do commend and leave my Soule to the great mercy of Jesus Christ my only Saviour and most mercifull Redeemer by the blessed Merrits of whose Death and Passion and by whose favorant bloudsheddinge I have full hope and trust and doe stedfastly believe to bee partaker of his eternall kingdome not doubting that his mercy goeth farr agenst my manifold offences. And therefore build my faith firmly upon his assured Promise made unto Penitent Sinners and doe trust to be one of the number of his Elect And that my body and Soule shalbe united together again att the last day and to be partaker of his joyfull Sentence And my mortall body whensoever itt shall please God to separate my life from itt I committ to the Earth to be buryed in my Chancell on the northside of my Parish Church of Aston in the Vault there which I have made.
And whereas I the said Sir Thomas Holte by one Indenture bearing date the fourth day of June in the tenth year of the Reign of our late Sovereign Lord King Charles over this Realme of England made between mee the saide Sir Thomas Holte of the one parte and Sir Thomas Puckering of Warwick in the said County if Warwick knight and Baronett Anthony Roper of Eltham in the county of Kent Esq Richard Shuckburgh of Shuckburgh in the saide county of Warwick Esq Walter Gifford of Shillington in the county of S[t]afford Esq and Richard Smalbrook of Birmingham in the said county of Warwick gent of the other parte did for the considerations therin apprased gyve grant enfeoffe and confirme unto the saide Sir Thomas Puckering Anthony Roper Richard Shuckburgh Walter Gifford and Richard Smalbroke and their heires all those Mannors and Lordships of Aston juxta Birmingham Nechells [anither place name] and Duddeston with all the Rights Members and appurtenances kf them and only of them in the saide county of Warwick and all and singular Libertys Courts Royaltys and Jurisdictions to them or any of them belonging or appertayning And all and ... the Lands Tenements and hereditaments of mee the said Sir Thomas Holte situate lying and being within the said Mannors or any of them And all and singular the Lands Tenements and hereditaments of mee the said Sir Thomas Holte situate lying or being within the Mannors Lordships Townes Hamletts Territorys or ... of Witton Erdington Washwood Saltley Burdessey[?] Birmingham and Hansworth in the said Countyes of Warwick and Staffords[hire] either of them and the Rectory and Parsonage of Aston aforesaid And all Glebe Lands Tenements hereditaments tythes ... profitts fruits and commodityes to the sam[e] Rectory or Parsonage belonging or appertayning or therewith used or enjoyed And the Advowson of the Vicaridge of the Parish Church therof and the Reversion & ... Remaynder and Remaynders of all and singular the Premises to have and to holde the same unto the said Sir Thomas Puckering Anthony Roper Richard Shuckburgh Walter Gifford Richard Smalbroke and their heires to the use and behoofe of mee the said Sir Thomas Holte and my assignes for and during the terme of my naturall life without impeachment of or for any manner of wast. And after my decease to the use and behoofe of the said Sir Thomas Puckering Anthony Roper Richard Shuckburgh Walter Gifford and Richard Smalbroke and their Assignes unto the end and terme and for and during the full terme of twenty and one years from thenceforth next ensuinge and followinge fully to be compleate and ended. Nevertheless under and upon such trust and confidence as the said Sir Thomas Holt by my last will and testament in writing or by any other writings under my hand and Seale should lymitt ... or appoynt. And after the expiration or determination of the saide terme and estate .... [several words hard to decipher] uses and behoofes of the saide Indenture and referent thereunto being had more att large itt doeth and may appeare.
And whereas also the saide Sir Thomas Puckering Anthony Roper and Richard Smalbroke bee sithence ... Now my will and intent is And iff the said Sir Thomas Holte doe heerby lymitt ... and appoynt that the said Richard Shuckburgh now knight and the said Walter Gifford Esq and the survivor of them their executors and assignes shal and doo after the decease of mee the said Sir Thomas Holte out of the rents issues and profitts to be received and taken out of the said Mannors Lands and premises during the said terme of twenty and one yeares in the said Indenture espressed well and truly content and pay all such funerall charges and Expenses as shall be necessary to bee layd out and expended of a Monument for mee the said Sir Thomas and my wife according to the direction and appoyntment of my Executors or the major part of them as they shall thinke fitting in my parish Church of Aston juxta Birmingham aforesaid. And the manner and order of my funerall I wholly leave itt to the direction of my Executors intreating them that itt may bee without worldly pompe but rather with charitable distribution to the Poore with bestowinge of Black upon my children and serving men and upon my executors and overseers and such other of my good Friends which they shall thinke fitt. And shall and doe also well and truly satisfy and pay all such debts and dues as shall bee owinge by mee to any person or persons upon any statutory bond or bills ... leases or covenants or that shall otherwise appeare to be due by mee either in equity of good conscience to any person or persons.
And further my desire and will is that iff at any tyme heerafter itt shall appeare in equity or conscience to my executors or Grandchilde that shall have and enjoy my mannors of Aston Duddeston and [another place] that if I have at any tyme in my lifetyme any way wronged any person or persons or have detayned or kept back any thinge from them which either in equity or conscience was due unto them that therefore shalbe satisfaction recompense and amends given to the full to all and any such person and persons by the said executors soe trusted or by my Grandchilde.
And furthermore that the executors soe trusted and the survivors of them their executors and asssignes shall and doe out of the residues of the said mannors hereditaments and premises well and truly pay or cause to bee payd unto Mrs Ann Pennant the sum of one hundred Markes of good and lawful money of England to be payd unto her soe soone as it can or may conveniently be raysed by the executors soe trusted before named for the consideration of the good Service that shee hath heertofore done and performed not only to my wife (now deceased) in her lifetyme but also sithence to mee and my now wife.
Also whereas I the saide Sir Thomas Holt have by an Indenture dated on or about the eighteenth day of January in the third yeare of the Reigne of the late Sovereigne Lord Kinge Charles demysed and granted unto the saide Mrs Anne Pennant my late servant the Parke meadows ympLed or inclosed with a pale and the meadows called the fyve dayes March thereunto neare adjoyning to have and to holde the same unto the saide Anne and her Assignes from the day of the date of the said Indenture of Lease for and during the terme of threescore yeares from thenceforth next ensuing and followinge if the said Anne shall soe longe lyve without rendering or paying any Rent for the same.
And whereas also the saide Anne Pennant by her Indenture of Lease dated on or about the one and twentieth day of January in the saide third yeare of his Majesties Reigne did demyse and grant to mee the saide Parke Meadows and Meadowe called the fyve dayes March to have and to hold the same to mee my executors administrators & assignes from the date of the same Indenture last mentioned for and during the terms of fifty nyne yeares and eleven monthes from the ce next ensuing if the saide Anne shall soe longe lyve for and under the yearly Rent of thirteen pounds six shillings and eight pence yearly payable unto her assignes during the continuance of the saide Terme att or in Aston Hull aforesaid att the feasts of St Philipp and jacob and All Saints by equall portions Now i doe heerby confirme all and whatsoever is on the part of mee my heires Executors and Assignes to be otherwise formed. And my will is and I fully desire the saide partyes trusted aforenamed my saide Grandchilde well and truly to satisfy and to pay the said yearly Rent of thirteen pounds six shillings and eight pence yearly unto unto her the saide Anne Pennant and her assignes according to the termes of the saide Indenture last mentioned.
And I further... that the saide partyes so trusted and the survivors of them their Executors and Assignes in convenient tyme after my decease shal and doe also out of the funds ... of the said mannors Hereditaments and premises rayse the Sum of three hundred pounds of lawful money of England And shal and doe with one hundred pounds thereof or with two hundred pounds or more if one hundred pounds or two hundred pounds will not be sufficient erect or cause to be erected and built one convenient Almshouse in the parish of Aston juxta Birmyngham somewhat beneath the ... ... Crofte there wherein the Tynkers house and Hallmans ... stand along the Street or Lane side with fitt or convenient Roome for a garden to belonge to ... house on the ... of any such house (so that the saide Almshouse shall not bee built and fully ... together with the walls and ... other appurtencances to belonge thereto by mee the saide Sir Thomas Holte before my decease) for the habitation of ten poore aged and decayed persons whereof fyve shal bee men and the ither fyve shal bee women to be chosen and nominated to that purpose out of the Mannors Lordshipes Townes or Hambletts hereafter mentioned (that is to say) Aston juxta Birmingham Nechells Duddeston Witton Eardington Saltley Little Bromwich Bordesley and Deritend within the parish of Aston aforesaid by my now wife the Lady Anne Holte during her naturall life And after her decease by such grandchilde of mee the said Sir Thomas Holt as shall have enjoy or ... the said Mannor house of Aston aforesaid and the heirs male of his body successively. And in default of such Sonne and the heires male of his body successively as aforesaid then to be chosen and nominated by any other Sonne of mee the saide Sir Thomas Holt if any such Sonne shal bee then lyving and if not then by his or their heires male of his or their body successively as aforesaid. And in default of such Sonne or Sonnes and the heires male of his or their body successively as aforseaid then to be chosen nominated and appoynted by the Vycar Churchwardens and Overseer for the poor of the two Hides of the saide parish of Aston juxta Birmingham outwhich the saide ten poor aged and decayed persons and to be elected from tyme to tyme forever or the greatest part of them as aforesaid. And when and soo often as any of the said poore persons shall dye then other to be chosen or nominated in his or her Roome so deceasing out of the same ... aforesaid by the same person or persons aforesaid for ever. And for the constant and perpetuall mainenance of the aforesaid ten poore agaed and decayed persons soo from tyme to tyme forever to be chosen and nominated as aforesaid I will and desire unto Sir Richard Shuckburgh of Over Shuckburgh in the said County of Warwick Knight Walter Gifford of Shillington in the County of Stafford William Coleman of Birmingham William Hunt of Middleton now parte in the saide county of Warwick John Kinnersley of Wardend William Booth of Witton Edward Brandwood of Little Bromwich John Jennons of Birmingham John Smalbrook of Woolsey[?] in the saide county of Warwick Gentleman Richard Smalbroke of Droitewich in the county of Worcester Gentleman Humphrey Holden Thomas Laud John Rogers Edward Birrh William Birrh of Eardington Henry Lane of Witton Edward Dolphin and Thomas Rotten of Bordesley John Furden[?] of Warden and John Wright of Shawhill and Richard Walter of Aston juxta Birmingham aforesaid in the county of Warwick yeoman and to their heires male for ever the full intire yearly Sum Annuity or Rent ... of fourscore and eight Pounds of currant English money to bee yssuing and payable at Lady day and Michaelman yearly without abatement of Taxes or any other charges out of my mannors of Eardington and Liss and out of all other Lands lately purchased of Walter Lord Viscount Hereford ... Deveron Richard Knightley ... in the name of my Sonne the saide Sir Richard Shuckburgh Knight and the saide ... And out of all other Lands whatsoever within the saide Mannors of Eardington and Liss or either of them. And I do hereby give full permission and Authority unto the saide Sir Richard Shuckburgh Walter Gifford William Coleman William Hunt John Kinnersley William Booth Edward Brandwood John Jennons John Smalbroke Richard Smalbroke Humphrey Holden Thomas Lane John Rogers Edward Birrh William Burrh Henry Lane Edward Dolphin Thomas Rotten John Furden John Wright and Richard Walter and their heires male or any one or any two of their heirs male to aske demand and by all lawfull wayes and meanes (either by entry distress or otherwise) to levye recoverand receive for the use of the saide ten poore people and for such other uses as are hereafter mentioned the saide full and entire yearly some Annuity or Rent charge of four score and eight pounds with all... thereof att the lawfull dayes of payment att which the sums shall be yearly payable from tyme to tyme for ever as above is expressed upon ... of all or any part of the saide Mannors and Lordshipps of Eardington and ... and other my Lands there. And for default of ... performance heerof by them the saide Sir Richard Shuckburgh Walter Gifford William Coleman William Hunt John Kinnersley William Booth Edward Brandwood John Jennons John Smalbroke Richard Smalbroke Humphrey Holden Thomas Lane John Rogers Edward Birrh William Birrh Henry Lane Edward Dolphin Thomas Rotten John Furden John Wright and Richard Walter or any two of them or any two of their heires male I doo heerby give full power and authority to the Bayliff of the saide Almshouse (to bee chosen as hereafter expressed for the tyme being from tyme to tyme by the consent of the saide Sir Richard Shuckburgh Walter Gifford William Coleman William Hunt John Kinnersley William Booth Edward Brandwood John Jennons John Smalbroke Richard Smalbroke Humphrey Holden Thomas Lane John Rogers Edward Birrh William Birrh Henry Lane Edward Dolphin Thomas Rotten John Furden John Wright and Richard Walter or any two of them or any two of their heires male and for default of such consent then to the saide Bayliff alone without such consent to aske demand and by all lawfull wayes and means either by distress of otherwise to levie recover and receive for the use of the saide tenne poore Persons and the other uses heerafter expressed the saide full and entire yearly somme Annuity or Rent charge with all .... therof in manner aforesaid by the same person or persons as aforesaid for ever.
And for the constant and perpetuall maintenance of the aforesaid tenn poore aged and decayed persons soo from tyme to tyme for ever to be chosen and nominated as aforesaid I will and desire unto Sir Richard Shuckburgh of Over Shuckburgh in the said County of Warwick Knight Walter Gifford of Shillington in the County of Stafford William Coleman of Birmingham William Hunt of Middleton now parte of the saide County of Warwick John Kinnersley of Wardend William Booth of Witton Edward Brandwood of Little Bromwich John Jennons of Birmingham and John Smalbook of Woolsey in the said County of Warwick Gentleman Richard Smalbroke of Droitwich in the County of Worcester Gentleman Humphrey Holden Thomas Lane John Rogers Edward Birrh William Burrh of Eardington Henry Lane of Witton Edward Dolphin and Thomas Rotten of Bordesley John Furden of Wardend John Wright of Shawhill and Richard Walter of Aston juxta Birmingham aforesaid in the county of Warwick yeoman and to their heires male for ever the full entire yearly Sum Annuity or Rent charge of fourscore and eight pounds of current English money to be yssuing and payable att Lady Day and Michaelmas yearly without abatement of taxes or any other charges out of my mannor of Eardington and ... and out of all other Lands lately purchased of Lord Viscount Hereford ... Devereux Richard Knightley the elder Richard Knightley the younger of... in the county of Northampton Esquires and Anne the wife of the saide Richard Knightley the younger in the name of my sonne the saide Sir Richard Shuckburgh Knight and the saide .. Hunt Esq and out of all other my lands whatsoever within the said mannors of Eardington and ... or either if them.
And I doo heerby give full power and Authority unto them the saide Sir Richard Shuckburgh Walter Gifford William Coleman William Hunt John Kinnersley William Booth Edward Brandwood John Jennons John Smalbroke Richard Smalbroke Humphrey Holden Thomas Lane John Rogers Edward Birrh William Birrh Henry Lane Edward Dolphin Thomas Rotten John Furden John Wright and Richard Walter and their heires male or any two of them or any two of their heires male to aske demand and by all lawfull wayes and means (either by entry distress or otherwise) to ... ... and receive for the use of the saide tenne poore people and for such other uses as are heerafter mentioned the saide full and entire yearly Some Annuity or Rent charge of fourscore and eight pounds with all .... therof att the lawfull dayes of payment att which the Sums shall be yearly payable from tyme to tyme for ever as above is expressed upon ... of all or any part of the saide Mannors of Eardington and ... and other my Lands there. And for default of such performance therof by them the saide Sir Richard Shuckburgh Walter Gifford William Coleman William Hunt John Kinnersley William Booth Edward Brandwood John Jennons John Smalbroke Richard Smalbroke Humphrey Holden Thomas Lane John Rogers Edward Birrh William Birrh Henry Lane Edward Dolphin Thomas Rotten John Furden John Wright and Richard Walter or any two of them or any two of their heires male I give full power and Authority to the Bayliff of the saide Almshouse (to bee chosen as hereafter expressed for the tyme being from tyme to tyme by the consent of the saide Sir Richard Shuckburgh Walter Gifford William Coleman William Hunt John Kinnersley William Booth Edward Brandwood John Jennons John Smalbroke Richard Smalbroke Humphrey Holden Thomas Lane John Rogers Edward Birrh William Birrh Henry Lane Edward Dolphin Thomas Rotten John Furden John Wright and Richard Walter or any two of them or any two of their heires male) and for default of such consent then to the saide Bayliff alone without such consent to Aske demand and by all lawfull wayes and means either by distress or otherwise to levie recover and receive for the use of the saide tenne poore Persons and the other uses herafter expressed the said full and entire yearly Summe Annuity or Rent charge with all ... thereof in manner and forme above exoressed. And for default of such performance by the saide Sir Richard Shuckburgh Walter Gifford William Coleman William Hunt John Kinnersley William Booth Edward Brandwood John Jennons John Smalbroke Richard Smalbroke Humphrey Holden Thomas Lane John Rogers Edward Birrh William Birrh Henry Lane Edward Dolphin Thomas Rotten John Furden John Wright and Richard Walter or any two of them or any two of their heires male and the said Bayliff if itt shall happen that the said entire yearly Sum Annuity or Rent charge or any part therof shall not bee paid or received within one Month next after any of the saide Dayes of Payment which the same shall ... or growe[?] ... my will and minde is I doo heerby give authority to the Vicar of the Parish Church of Aston for the tyme being and the Churchwardens and Overseers for the Poore of the Towns Lordshipps and Hambletts and Hydes of the said Parish of Aston for the tyme being out of which the said tenn poore aged and decayed Persons are to be chosen from tyme to tyme or to any two of them to aske demande and by all lawfull wayes and means (either by entry distress or otherwise) to levye recover and receive for the use of the saide tenne poore people and for the other uses heerafter expressed the saide and entire yearly Some Annuity or Rent charge of fourscore and eight pounds with all... thereof to be disposed of as is heerafter expressed. But for the better Certaynty and the more sure speedy and easy payment thereof my will intent and desire and meaninge is that the said ... yearly Some Annuity or Rent charge shall be first paid at the lawfull dayes of payment yearly as abovesaid put of that Rent from tyme to tyme arising and growing ... out of and for the Mannor house of Eardington called Eardington Hall and the lands thereunto belonging so longe as the Lease thereof made unto the aforesaid Mr Jennons of nynety nyne yeares if three lyves lyve so longe and one and twenty yeares after of the aforesaid mannor house and lands in Eardington shall have continuance and remayne in being. And upon the payment from tyme to tyme to the said Bayliff and to any two of the said Persons entrusted as aforesaid their lawfull acquittances shalbee a sufficient discharge for soo much of the saide Rent as shall soo appeare to bee payde as also for such a proportionable parte of the taxes as may be due for the same which the Lord or Landlord is always to allow.
And I doo desire and entreate all those Persons who shall from tyme to tyme enjoy the saide Mannor house and Lands by vertue of the saide Lease to give the saide Summe of fourscore and eight pounds yearly an in the first place out of aforesaid Rent satisfyed and payde for and to the use of the saide Almshouse and poore people and the other usese hereafter exoressed. Nevertheless my will and meaninge is that both during the continuance of the saide Lease to Mr Jennins and also after the expiration or other determination thereof All and singular my aforesaid Mannor Lands and Tenements in Eardington and ... shal for ever as aforesaid stande and continue (for the netter security of the payment of the saide yearly entire Sums Annuity or Rent charge of fourscore and eight pounds) charged and chargeable with the same for and towards the mayntenance of the saide poore aged and decayed persons soo to be chosen as aforesaid And for and towards all other purposes as in this my will are expressed and declared Which saide Some of fourscore and eight pounds (my will and meaninge is) salbee from tyme to tyme payde and yssued into the hands of the lawfull Bayliff of the saide Almshouse (to bee chosen as heerafter is expressed and successively for ever) to bee by them distributed in manner and forme following (that is to say) to any one of the saide poore people six pounds and tenn shillings a year yearly by two shillings and six pence a week to each of them for the maintenance and ... of the saide poore people and twenty shillings a year to be bestowed and layde forth yearly on .... Gowns to be bestowed yearly on any such poore Person. And furthermore to give to any one of the saide poore people yearly and over and above the saide six pounds ten shillings per Annum and the saide Gowns one Wayne load of coales for fire to be layd down att every one of their doors and yeard. And furthermore that the saide Partyes so trusted shal and do also out of the said yearly Sum Annuity or Rent charge of fourscore and eight pounds allow and pay forty shillings yearly (for ever for ... Lectures or Sermons to bee for ever made yearly after my decease) to the best learned Minister or Preacher that can be procured in the County for the better advancement of true Religion by whom the same Lectures or Sermons shall bee made or preached on every first day of May and on every first day of Nobvember yearly for ever in the said parish church of Aston aforesaid which Minister or Preacher is to be elected & chosen yearly by my wife during her naturall life And after her decease then by such Grandchilde of mee the said Sir Thomas Holt as shall enjoy or possess the Mannor House of Aston aforesaid And the heires male of his or their bodyes successively then by the election or Choyce of any other Sonne or Grandchilde of mee the said Sir Thomas Holt (who shall bear the name of Holt) if any such Sonne or Grandchilde shal bee then lyvinge And if not then by his or their heires male of his or their bodyes successively And for default of such Sonne or Sonnes Grandchilde or Grandchildren and the heires male of his or their bodyes successively as aforesaid then to bee appoynted and nominated by the Vicar Churchwardens and Overseers for the Poore of the two hides of the said Parish of Aston juxta Birmingham out of which the said tenn poore persons are to bee elected for ever or the major part of them.
And my will and desire is that the said persons soe entrusted shall and doo gyve and allow unto the Bayliff of the Almshouses afresaid (to bee chosen as is hereafter expressed) the yearly sum of three pounds of the said sum of fourscore and eight pounds as aforesaid for his labour and paynes in collecting gathering and receiving of the said yearly sum of fourscore and eight pounds And for the payment of two shillings and six pence thereof weekly to every one of the poore persons as aforesaid And for buying of the said ... gownes yearly and for providing of the said coles to bee layd down yearly att And for looking to taking order for and payinge for (out of the remaynder of the said fourscore and eight pounds per Annum) the repayring of the said houses from tyme to tyme when and so often as neede shall require And for the payment and distribution of all other moneys and allowances hereby given and made payable for ever out of the saide fourscore and eight poundes per Annum.
The rest and residue of the saide fourscore and eight pounds per Annum shalbee employed or bestowed yearly for the repayring of the said Almshouses and for the payment of the Clarke of the Parish church of Aston or some other fitt person who shall Pray with or read prayers unto the said tenn poore People twice every day (that is to say) once in every afforenoon and once in every afternoone when and soo often as it shall happen that noo one of the saide poor peopl within the saide Almshouse shalbe well able to performe the same duty and for the payment of any Messengers that the said poore people may have necessity to send and for supply of any other accidents that may happen unto the said Alsmhouse or poore People therein.
And if there shalbee any Surplus then my will is that itt shalbee bestowed or employed within the said parish of Aston to some other charitable use or uses as shalbee most needfull yearly att the Discretion and appoyntment of my said wife if shee shalbee then lyving or if not then of such Grandchilde of mee the said Sir Thomas Holt as shall enjoy or possess the said mannor house of Aston aforesaid and the heires male of his or their bodyes And in default of my wife or such Grandchilde and the heires male of his or their bodyes successively or in default of such heir his or their appoyntment or appointments [sic] then att the discretion of the Vicar Churchwardens and Overseers of the poore of the two hides of the said parish of Aston out of which the said tenn poore persons are to be elected for ever or the major part of them.
And further my will is that there shalbee Lawes Ordinances and rules given and prescribed to the said tenn poore People or Persons to observe performe and keepe the Contents and Substance wherof are ... and declared in a Schedule or writing annexed into this my last Will and Testament.
And my will is that my wife or grandchilde that shall have and enjoy my mannor house of Aston and the heires male of his or their bodyes successively then the Vicar Churchwardens and Overseers for the Poore of the two hides of the said parish of Aston out of which the saide tenn poore Persons are to be elected or the major part of them for ever shall see the same ... kept and performed. And if the said tenn poore People will or shall bee disobedient thereunto then such or soo many of them as shalbee soo disobedient thereunto shalbee from tyme to tyme punished or expelled the house according to the Lawes Ordinances Rules and penaltyes given and orescribed unto them to observe and keepe. And others shalbee chosen in his or their roomes by the saide Person or Persons that are to choose and nominate them as aforesaid.
And my will is that my wife or such Grandchilde of mee the said Sir Thomas Holt as shall enjoy or possess the said mannor house of Aston aforesaid And the heires male of his or their bodyes successively and in default of such my wife or Grandchilde and the heires male of his or their bodyes successively then the Vicar Churchwardens and Overseers fir the poore of the said two hides of the said Parish of Aston out of which the saide tenne poore Persons are to be elected or the major part of them for ever shall elect nominate and choose the said Bayliffe of the said Almeshouses yearly or otherwise as shalbe thought fitting by her him or them.
And further it is my will minde and intent And I the said Sir Thomas Holt doo hereby will declare and appoynt that the sayde partyes soe trusted and the survivors of them their executors and assignes shall and doo also out of the Rents issues and profitts of the saide residue of the said Mannors Lands and hereditaments discharge and pay all such other Legacyes and Guifts as are heerafter given or bequeathed in or by this my last will and testament (viz) first I Gyve and bequeathe ti the poorest People and householders inhabitinge within the towne and Lordshipp of Birmingham six pounds thirteen shillings and four pence And likewise to the poorest people and householders inhabitinge within the Towne and Lordshipp of Aston juxta Birmingham twenty six shillings and eight pence over and besides their parts and portions of the saide thirteen shillings and four pence given as aforesaid to the poorest people and householders inhabitinge within the Parish of Aston juxta Birmingham wherof they are members And likewise to the poorest people and householders inhabitinge within the Parish of Handsworth[?] three pounds six shillings and eight pence And likewise to the poorest people and householders inhabitinge within the Parish of Lapworth and within the Lordshipp of Bushwood fourty shillings to bee distributed among them respectively att my funerall or within two moneths next after my decease by some of the discreetest of any of the said Parishes Townes and Lordshipps as by my executors shalbee nominated and appoynted.
Item I gyve and bequeathe unto my welbeloved wife the Lady Anne Holt all her wearinge apparel lynnens and other thinges which she hath used to weare. And my will minde and meaninge is that she shall have and enjoy duringe the terme of her naturall life that joynture which I made uno her before marriage And that shee shall have the use and ... of all my household stuffe goods and furniture that is now in or about my said Mannor house of Aston juxta Birmingham situate in Aston Parke there with the said Mannor house for and during the terme of her naturall life And that afterwards they shall be left as heire loomes unto the said Mannor house for him or them that shall have and enjoy the said Mannor house,
Item I gyve and bequeath unto my welbeloved wife the Lady Anne Holt for the increase of her joynture and for and duringe the terme of her naturall life the great Brantley and the lesser Brantley which are my two oxe pastures And the great Brantley meadow which lyeth over against Aston Church and the meadow called the millholmes thereunto adjoyning All which said four grounds are lyinge and beinge within the Lordshipp of Witton And which my minde and will is shee shall have and hold during the terme of her naturall life.
And my will and meaninge is And I doo heerby desire the saide Partyes soe trusted to permitt and suffer every person or persons to whom I have any Promise by word or Paroll or with whom I have made any agreement or bargaine wither by any writinge or note or by word or Promise of any house or houses ground or groundes or any of them or of any other thinge or thinges ... of the saide Mannors and premises to hold have and enjoy the same quietly and that they doo performe the same unto them for and duringe my Promise made unto thereof And for and during the tyme of such agreement and bargaine made with them thereof.
Also I gyve and bequeath unto every one of my household servants to whom I have not in this my will of Codicill otherwise given or bequeathed any Legacy or things that have dwelt with mee by the space of four years att the tyme of my death or decease one halfe yeares wages according to the wages that I have given to every one of them respectively over and above the yearly wages that I gyve to every one of them to be payd unto them within one quarter of a yeare of my death or decease. And to every one of my household servants to whom I have not in this my will of Codicill otherwise given or bequeathed any Legacy or things that hath dwelt with mee by the space of two yeares next before the tyme if my death or decease one halfe yeares wages according to the Wages that I gyve to every one of them to bee payd unto them as aforesaid within one quarter of a year next after my death or decease. But if itt shall happen that any of my household servants to whom I have not in this my will or Codicill otherwise given or bequeathed any Legacy or things have dwelt with mee above one yeare and under two yeares att the tyme of my death or decease then my will is that the partyes soe trusted shall give and allow unto any such of them soe dwelling with me att the tyme of my decease what in their discretion shall be thought fitt and convenient over and above such wages as shall be due to them severally and respectively. And if any Household Servant being no Legatory herein shall be dwelling with mee att the tyme if my decease and hath served me for no wages then my will is that every such servant shall also receive the like satisfaction from the saide partyes soo trusted as in their discretion shall be by them thought fitt.
Also I give and bequeath unto Grace Holt and Elizabeth Holt my Grandchildren five hundred poundes apeece to each of them whereof Elizabeth her husband hath received two hundred poundes already Although he hath hitherto no wayes deserved itt Also I gyve and bequeathe unto Katherine Holt my Grandchilde three hundred poundes to be disposed of for her advantage by my Executors although she hath undone herself by her marriage without consent which her husband shall have nothing to doo with Also I gyve and bequeath unto Elizabeth Rooper my Grandchilde one hundred poundes to be payd severally unto them as soon as my Executors can rayse the same with conveniency.
Item I gyve and bequeathe unto my Grandsonne Robert Holt and to Mary his now wife the sum of one hundred poundes to be equally divided betweene them in case I doo not suffer a hundred yeare Lande or more to descend upon him after the expiration of the grant for one and twenty yeares after my decease granted to the severall trustees before in this my will mentioned for the performance of this my last will.
Item my will and desire is in case my wife shall not be willing to keepe and make Provision for Leonard Pemberton after my decease duringe his life that then my Executors doo and shall take care that he shalbee provided for duringe his life with all necessary accommodations befitting him . Item I gyve and bequeath unto my Gidsonne My Humphrey Archer one of the best Burls[?] that my Parke of Nechells shall afforde to bee delievered unto him whenver he shall thinke fitt to require itt And also one my best Gueldings that shall remayne after my wife hath made her choyce of those bequeathed unto her.
Item I gyve and bequeath unto every one of my Overseers of this my said will one Bush[?] apeece to be taken out of my said park of Nechells when they are best in season.
And further my will is that if any of my Children or Grandchildren or any other Person or Persons shall goo about or willingly or wilfully put in Practice to breake infringe or hinder the performance of this my will or codicill or any part or Poynt thereof which have any Legacy or Legacyes given unto them or to their children by this my will or that shall any way give or receive any benefitt by this my will or codicill All such childe or children or Grandchilde or Grandchildren and all and every other person or persons as aforesaid shall loose the benefitt of this my will.
And I doo heerby ordayne make and appoynt the said Sir Richard Shukburgh knight William Le Hunt Esqr Counsell of Lawe of Grayes Inne and Sonne of Sir John Lehunt knight and my servant Richard Walter my full and lawfull executors to execute and performe this my last will and testament and codicill heerunto annexed hoping that they will take the paynes to see the same in all poynts performed according to my true meaninge. And I gyve and bequeath unto the said Sir Richard Shukburgh knight my Sonne in law and to my daughter Grace his wife one hundred pounds in money and to their sonne John Shukburgh my Godsonne twenty pounds and to every other of my daughter Shukburghs children tenne pounds apeece. And I gyve and bequeath unto the said William Le Hunt Esqr fiftye pounds. Also I gyve and bequeath unto the said Walter Gifford my Sonne in Lawe one peece of plate of tenn pounds price with my coat and crest engraven thereupon to be bought and ... unto him within one yeare next after my decease. And to my Grandchilde and Godchilde John Gifford sonne of the said Walter Gifford twenty pounds. And to every other of my sonne Walter Giffords children tenn pounds apeece. Also I gyve and bequeath unto Richard Walter my servant being one of my executors afore named one hundred pounds of lawfull money of England for his faithfull service which he hath done and performed unto mee to be payd unto him within one yeare next after my decease. Which said ... Guifts to my said Executors I gyve and bequeath unto them upon the confidence which I have in them And in consideration of the care and paynes takinge about the performance and Execution of this my last will and testament and the codicill thereunto Annexed.
Also I gyve and bequeath unto Thomas Birrh my Clerk Sonne of Thomas Birrh late of Horborne deceased and to his wife twenty pounds of lawfull money of England to be payd unto them within one yeare next after my decease.
And further my will intent and meaninge is that for and concerning all the residue of the said yearly Rents issues and Profitts as shalbee raysed out of the said Mannors Lands Hereditaments and Premises within the said terme of twenty and one yeares by the partyes soo trusted and by them not disboursed or disposed of which shall remayne in their hands or in the hands of any of them unbestowed And all my ready monyes Specialtyes Goodes Cattell and Chattells which shall remayne in the hands of my Executors or any of them and not disboursed or disposed of & unbestowed the same after the accomplishment and performance of this my last will and testament and of the codicill hereunto annexed if any such codicill shalbee and wholy remayne and bee delivered unto my said Grandchilde John Holt with Accompts in writing to bee also delivered unto him the said John Holt by the said partyes soo trusted and my executors or the survivors of them touching their dealinges in the promises.
And further my will and intent is And I doo heerby declare and appoynt that my Executors and the said partyes soo trusted and every of them their executors and assignes out of the Rents issue and Profitts of the said Mannors and premises shall from tyme to tyme during the said terme defalke[?] and allow unto themselves liberally all such some and sommes of money charges and expenses which they or any of them shall anyways disbourse or lay forth in or about or touching the promises or in or about the execution of any thinge or thinges in this my last will and testament Express or declared or touchinge or concerning the same. And I the said Sir Thomas Holt doo also heerby make constitute and ordayne my Goode and loving friends Sir William Peahall[?] of Cannall[?] knight Colonell William Colemore Esquire and Thomas Peake Esquire my Overseers of this my last will and testament & codicill earnestly requesting then that they would be pleased to be ayding and assisting to my said Executors in the performance of the same if any need or cause shall require. And I doo revoke and disannull all former wills heertofore by mee or for mee made whatsoever.
In witness whereof I the said Sir Thomas Holt have hereunto putt my hand & seale this sixth day of June in the yeare of our Lord Gid one thousand six hundred and fifty. Thomas Holt.
Rules for Almshouse Charity
Orders Rules and Constitucions that are to bee observed and performed in the Election and after the Election of the tenne poore persons that are to inhabit and to be received within the Almshouse which is to be Erected or builded within the town of Aston juxta Birmingham within the County of Warwick and that are after the Election to be observed kept and performed bybthe said tenn poore persons.
The number of the Persons that are to be received shalbe teen (viz.) fyve men and fyve women. The places from when they shall bee chosen shall be out of the two hides within the Parish of Aston (viz.) Aston Hide Nechells or Duddeston Hide.
In election the order of the Lordshipps or Hambletts which is to be observed in the two hides is The inhabitants of the Lordhipp of 1 Aston 2 Nechells 3 Duddeston 4 Witton 5 Saltley 6 Eardington 7 Little Bromwich 8 Bordesely 9 Deritend shalbee admitted in the first, second, third, fourth, fifth, sixth, seventh, eight, ninth and last place All lying within the Parish of Aston.
The Condicions of Persons considerable before the Choyce. 1 Affirmatively. 2 Negatively. Affirmatively: They shalbee all Single Persons and shall continue Single. They shalbee pious, sober, well reported of, or such as shall promise and endeavour soo to bee. They shalbee such as are become olde, decrepitt, lame, blind, impotent or likely to be a burthen unto the Parish of Aston. The Preventing of which Burthen to the Parish and Parishioners is one mayne end aymed att by the Donor. Or else not to be admitted. Negatively: Noe Wotch, Wizzard Sorcerer or that is acquainted with any familiar Spiritt. Noe Blasphemer of agods name or common swearer. Noe fornicator. Noe fellon. Noe common drunkard. Shalbee chosen or admitted.
Thinges to be observed after Election. They shall all duly and orderly repayre to the church every Morning and aevening to heare divine Service and Sermons as well on working dayes as on the Lords day and holy dayes whensoever holy Exercises shalbee performed there And in their repayre to the Church as also in their returning from itt they shall all goo in devout and comely manner That is to say 1. Two men 2. Two men 3. One man and one woman 4. Two women 5. Two women. In the same manner and forme (viz.) Two and Two shall they accompany every corps to be buryed in the Church or churchyard of Aston except the Person deceased shall be thought to have dyed of the Plague or some such Contagious disease. They shall every day morning and eveninge meet together att some convenient houre in some one Roome of the Almshouse then and there to confess their Sinnes to God to pray for a blessing upon themselves & others and to give thanks for gods mercy and most particularly for the liberall maintenance allowed them in that place. If noe one of the Almes people can Reade, the Parish Clarke or some other shalbee procured to performe Prayers for them. They shalbee helping ayding and assisting one to another in tyme of sickness and in all needes and necessityes.
Thinges to be avoyded by them. All those enormityes before mentioned which made them unsuitable of election Viz. Witchcraft or Sorcery. Blaspheming of gods name or common Swearing. Formnication. Felony. Common drunkennes. None of them shall marry. None of them shall begg. After they be chosen into the place.
The Causes for which any of them shalbee expelled viz. the same for which att first they should not be admitted. That is to say for Witchcraft or Sorcery, for Blaspheming or incorrigible Swearing. For Fornication. For Felony. for common drunkennes. Or if any of them shall marry or begg.
Lesser Punishments to be inflicted upon them. For every neglect of goinge to churche. For every disorderly goinge. For every tyme absent from private prayer morninge or eveninge for not helping one another When they are in health and able to performe these dutyes. For every Oath or notorious Lye. For every distemper by drinke. The first tyme they shalbee lovingly admonished. For the second tyme they shall loose four pence out of their weeks allowance. For the thirde and fourth tyme and soo forwards if they shall double and treble their fault, the Penalty shalbee doubled and trebled upon them by the discretion of those that are assigned for that purpose according as the quality of the fault and the disposition of the party delinquent shall require. And in case no amendment appeare upon soo moderate a course held but that the partyes offending show themselves desperately incorrigible Then shal they be expelled out of the Society.
All the Penaltyes which shalbee inflicted or imposed upon any of the saide tenne poore Almespeople for negoecting any of the dutyes aforesaid or for committing any of the faults aforesaid shalbee (by that Person which hathnor by those Persons which have power to Punish them for the same) given or distributed to the rest of the said tenne poore Almespeople which shall bee no delinquents if they shall deserve itt or else be bestowed upon or to some other charitable use or uses as the said person or persons who shall inflict or impose the said penalty upon them shall in his or their discretion appoynte or thinke fitting. Thomas Holt.
First Codicil
The Codicill attached to the last will and testament of Sir Thomas Holt of Aston juxta Birmingham in the County of Warwick knight and Baronett whereby he dooth give and bequeath to the particular persons under named the several summes hereafter expressed (that is to say)
To Mrs Dorothy Pemberton 40 poundes To Augustine Walter 20 poundes To Margarett Smalbooke 10 poundes To Richard Martin 10 poundes To Timothy Walter 10 poundes To Thomas Maynard 10 poundes To John Foxall 5 poundes To Edward Holt 2 poundes To Hercules Holt and his wide during their lyves and the longer lives of them yearly 30 shillings To my honest neighbour & Bayliff Robert Whitehall 10 poundes To my keeper John Foxall more 5 poundes To my Godsonne Vincent Eagles 2 poundes To my neighbour & Bayliff of the mannors of Eardington & Pipe: Thomas Higginbotham 5 poundes To Thomas Glover my Bayliff of Lapworth 5 poundes To John Wright my husbandman 2 poundes
All these perticuler summes above mentioned I gyve and bequeath unto every Person as they are above expressed And doo desire my Executors to see them payd and performed to every one of them accordingly.
And furthermore to Prevent all Oversights and Mistakes that maybhave happened in the framing of this my will hereunto annexed or this my codicill of the said Sir Thomas Holt doo heerby declare that it is my true intent and meaninge that all my Lands Tenements and hereditaments whatsoever that I shall have att the tyme of my decease either by Purchase or otherwise which are not already setled or shall not before my decease be setled either upon my wife for her joynture or upon or for the use of Robert Holt Esquire my Grandsonne and his heires in present or in Reversion or upon any other Grandsonne John Holt brother to the said Robert Holt or that are not before in my said will heerunto annexed mentioned bequeathed and devised for some use or uses shall goo remayne and be devised. And I doo heerby devise the same to my Executors before in my said will named and the survivours and survivor of them for the terme of one and twenty yeares next after my decease To the end that the Rents issues and profitts thereof during the said terme may be by them disposed of to the use and performance of my said will And after the expiration of the said one and twenty yeares then to such use and uses as are lymited in the indenture mentioned in the beginning of my said will bearinge date the fourth day of June in the tenth yeare of the Reigne of our Sovereign Lord King Charles over England &c Between mee the said Sir Thomas Holt on the one parte and Sir Thomas Puckering Anthony Rooper Richard Shuckburgh Walter Gifford and Richard Smalbrooke on the other parte. In witness whereof I the said Sir Thomas Holt have hereunto out my hand and seale this first day of June in the yeare of our Lord God one Thousand six hundred and fifty. Thomas Holt.
And my further will and meaninge is I doo heerby authorise and appoynt my executors before mentioned in my will heerunto annexed and the Survivors and Survivor of them to sett in good and sufficient repayre my Lodge in my Parke of Nechells at ... and all the buildings thereunto belonginge or adjoyninge as also all the Posts Pales Rayles & Gates of the said Park and soo to keep and continue the same during the terme of one and twenty yeares next after my decease And that my said Executors and the survivors and survivor of them shall out of the Rents issues and profitts of my Lands soo granted Infeoffed demised or by my said will divised or declared (as before in my said will is expressed) pay and distribute all and every such Sum and Sommes of money as they shall find needfull from tyme to tyme to expend in the necessary performance of the said Repaires.
I the said Sir Thomas Holt doo also gyve grant will bequeath and devise by this my last will and testament unto my Grandsonne john Holt brother unto Robert Holt Esquire (both of them being the sonnes pf my sonne Edward Holt Esquire deceased) all those my Mannors or Lordshipps of Eardington and Pype with alł my Lands tenements and heridtaments messuages cottage chief rents rents reversions services royaltyes wayes waters fittings profitts commons commodityes and all and singular other the appurtenances thereunto belonginge or appertayninge which I lately purchased of Walter Lord Viscount Herefore and others in the names of Sur Richard Shukburgh knight and William Le Hunt Esquire And all other my lands messuages tenements hereditaments cottages rents reversions services profitts commons commodityes and appurtenances whatsoever lyinge and being within the said Mannors or Lordshipps of Eardington and Pipe or either of them to have hold possess and enjoy the same from ymediately after my decease to him the said John Holt and his heires male of his body lawfully begotten or to be begotten And for want of such issue then to the right heires of the said John Holt for ever Excepting and always reserving unto mee the said Sir Thomas Holt my heires and assignes for ever all such and soo much of my said lands and oremises (lying within the said Mannors or Lordshipps of Eardington and Pype or either of them as I or my assignes shall att any tyme during my life) impale and lay unto my Park of Nechells att ... for the enlargement therof Ss also excepting and reserving out of all other the said Mannors Lands and Tenements which the said John Holt and his heires male of his body lawfully to bee begotten (or who howsoever shall by vertue of this devise or any other grant or by ... or otherwise) stand seized or be possessed of the same the yearly Rent charge of fourscore and eight pounds free from all taxes constantly to be payd by him unto such Person or Persons as are or shalbee thereto authorized by this my will or by any other Instrument in writing under my hand and seale for the mayntayninge of an Almshouse building built or to bee builded in the Lordshipp of Aston And for the mayntenance of tenn poore people who from tyme to tyme for ever are to bee elected and to inhabit and dwell therin according to the tenor and effect and in such manner and forme as in this my last will and testament is before expressed and declared on that behalf and to such other use and uses as are therein also lymited The said yearly sum of fourscore and eight poundes per aannum att our Lady day and Michaelmas yearly for ever Provided always that if the said Rent charge or sum of fourscore and wight pounds per Annum shall bee behinde and unpaid after any of the said feasts or days att which the same ought to be payde by the space the twenty dayes that then it shall be lawfull for such person or persons as shalbee soo Authorized to receive the same as abovesaid to enter into the said Mannors Lordshipps and premises or any parte thereof and to distrayne for the same or for want of sufficient distress to enter upon possess and enjoy all the said Mannors or Lordshipps and premises till all arreares of the same fourscore and eight pounds per Annum bee fully paid and made good unto them without any deduction.
In witnesss wherof I the said Sir Thomas Holt have heerunto putt my hand and seal the fifteenth day of October in the Anno Domini 1651. Thomas Holt sealed signed and published as a codicill unto the will annexed in the presence of William Le Hunt R Walters Richard Newton Augustin Walker Timothy Walker John Mayneed.
Second Codicil
I Sir Thomas Holt of Aston in the County of Warwick knight and Baronett have seen fitt to Add unto my last will and testament as followeth (that is to say) my will and meaninge is And I doo heerby give and bequeath unto Dame Anne Holt my now wife (if she shall bee kind and civill unto my Executors and shall carry things fayrely with them) the sum of one hundred poundes of lawfull money of England to be payd unto her shortly after the taking and reporting of the Indentures of all my Goods Cattell and Chattells to supply her with moneyes till her Rents come in. But I leave it wholly to the discretion of my said Executors either to pay the said hundred poundes or not to pay itt according as they shall finde my said wife to carry things with them. And in witness heerof I the said Sir Thomas Holt have heerunto putt my hand and seale this tenth day of November in the year of our Lord God 1654. Thomas Hilt in the presence of Elizabeth Rooper Tymothy Walker.
Probate
This will and codicill was proved att London before the Judges for Probate of Wills and grantinge of Administrations lawfully authorized the thirtieth day March on the yeare of our Lord 1655 By the oathes of Sir Richard Shukburgh knight William Le Hunt Esquire and Richard Walter servant of the deceased joynt Executors named in the said Will to whom was committed Administration of all and singular the Goods Chattells and debts of the said deceased They being first by virtue of a Commission sworne truly to Administer the same.