Will of the Honorable William Radcliffe of Rome 1737

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

National Archives Kew, Surrey, England

Reference: PROB 11/683/49

Description: Will of The Honorable William Radcliffe of Rome

Date: 05 May 1737

William Radclyffe

CORRECTION STILL IN PROGRESS Coleman-5109 18:41, 12 December 2022 (UTC)

The Honble William Radcliffe Esqr

Translated out of the Latin and Italian

In the Name of God Amen

Be it known and manifest unto all to who this publick

Instrument shall come that in the year of the blessed Nativity of

our Lord Jesus Christ One Thousand and seven hundred and thirty two

in the tenth indiction on the seventh day of the month of November

and in the third year of the popedom of the most illustrious

Father in Christ and our Lord his holyness Clement the twelfth

by divine providence Father of the people Before me the under

written notary publick and witnesses hereunto specially called and

required personally appeared the Right honorable Charlotte

Countess of Newburgh an English Lady wife of the Right hon’ble

Charles William Ratcliffe unto me known living at Rome voluntarily

and every other manner claiming an interest in the estate of the late

Earl William Radcliff deceased this night who formerly to wit on the twenty

fourth day of the month of July One Thousand seven hundred

and thirty made his last Will and Testament and having

closed and sealed up the same required me to register it among

my Acts to remain in my custody in order for the said Will

to be opened unsealed and published that a due Execution of

every thing therein ordered and disposed of might be demanded

Therefore I the said Notary pursuant to such Requisition by

virtue of the faculty to me given by the said Testator at the

time of registering of the said Will to open the same at the

request of any person without the Decree or Intervention of

any judge or observing any strict solemnity and the said

William Radcliffe the Testator being deceased his corps were

exposed laying upon a table in a room in the house wherein

the said Earl William dwelt during his lifetime situated in the

Lungaria facing the Monastery of St Francis de Sales near were

he had dyed and well known againe by me the said Notary and

the Underwritten Witnesses and I have opened unsealed and

read and published the said Will over the said corps the tenor

whereof is as followeth to wit

On the twenty Fourth day of July One Thousand seven hundred and

thirty at Midnight with three lighted candles before me personally

appeared the right hon’ble Willam Earle Radcliffe son of the said

Earl Francis living at Rome unto me known being by the

Grace of God of sound mind sence speech sight hearing understanding

and perfectly enjoying his other facultys who holding in his hands

these enclosed sheets thus sewed and sealed with seven seals

in the presence of the underwritten witnesses voluntarily and every

other manner delivered them in the hands of me the said

Notary in order for me to keep the same wherein he declared

to have instituted his heir or heirs bequeathed legacys and

made other dispostions so as in the same is contained and as

[wasen?] dictated to him giving and granting unto me unsealing the

same at the request of and person whatsoever without the decree of

Ex’d Nath. Patten Not. Pub

[Page 2]

any Judge or observing any solemnity because thus and this he

'declared to be his last Will and Testament which he desired

should avail in Law as a Nunncupative Will and if the

Law would not admitt of it as such he desired the same

might avail in Law and every other better manner revoaking

disannulling and making all other Wills by him any ways

made with any derogatory words whatever and this one

shall be preferred to all others whatsoever and he desired

the same should avail in every better manner upon which

Done at Rome in the usual palace of abode of the Reverend

Father [M’s?] de Gentilibus situated opposite the holy Church

of St Nicholas in [Arcione?] in the presence of Mr Francis Pirozzi

son of Augustine of [Arm—le-] in the Diocese of [A----]

Joseph Parini sonof Antohy of Lura Urban Caselli son of the

late Mark of Rome John Baptist Giachini sin of the late

John Anthony of Rome, Joachim Donati son of the late

Nicholas of Prato in Tuscany John Baptist Medici son of the

late Joseph of the province of Modena and Dominick Monti

son of John of Cesena Witneeses who have subscribed their

names to wit Francis Pirozzi was a witness and present

at the delivery of this Will Urban Caselli was a

witness and present at the delivery of this will John Baptist

Giacchini was present at the delivery of this will Joachim

Donati was present and a witness at the delivery of this will

I John Baptist Medici was present and a witness at the

delivery of this will I Dominick Monti was present and a

witness of this Will

In the Name of God Amen

I William Radcliffe of London being in perfect health and of

sound and perfect memory and understanding by the Grace

of God nevertheless considering the uncertainty of this life and

the Certainty of death do make and ordaine this my last Will

in manner and fourme following In the first place I humbly

recommend my Soul unto the hands of my blessed saviour

and Redeemer Jesus Christ firmly hopeing to be saved

through the meritts of his death and passion my body I

leave to the Earth from whence it came to by buryed

according to the direction and order of my Testamentary

Executors hereunder named Willing the same shall be carried

to the holy Church of the English Colledge and there exposed

with decent Funerall pomp and in honourable buryall and

with a Tombstone according as the same shall be ordered

by my heir and Testamentary Executors and further my will

is that on the dais and during the time my corps shall be

exposed there shall be celebrated for the suffrage of my soul

in the church of the said colledge besides the singing usuall

Mass One hundred low Masses of Rest and in case they could

not be all celebrated there within the said say they shall

be celebrated in the Church of the Convent of Saint Fidore and

[Page 3]

Of the Capucins at the Choice of my Testamentary Executors

and on the other successive days there shall be celebrated

two Thousand more that is to say Five hundred in the Church

of the said English Colledge (in which Church I will that there

shall be celebrated one annual singing Mass for ever assigning

a proper revenue for the same) Five hundred in the said

Church of the Convent of Saint Fidore and one thousand in the

said Church of the Convent of Capacins of Rome my Further

Will is that on the day of my buryall there shall be

distributed by my Testamentary Exeutors unto all the poor

who shall be there Fifty Crowns for the Suffrage of my Soul and

as concerning the disposition of such wordly Wstate which it

hath pleased God to bestow on me in this life I Give

distribute and leave the same as followeth that is to say

[Side annotation] The bequests here struck out and Omitted by order of the Judge

[6 whole lines marked as omitted thus -- -- --]

Item unto the Pricess [Pau?f?ily] a silver Gilt snuff box for the

antient service which I posess to her Item unto my Lord

Earl of Winton a silver snuff box Item unto the Earl of

Derwentwater my Grand Nephew a large Cloth which may serve

for a Fine Ceiling of a closett painted by the Famous hand of

Peter da Cortona which represents the Invitation of the Gods to

the Wedding of [Ap-ira ?] Item unto the Countess of Newbugh consort

of my Nephew Charles Radcliffe a Tortoiseshell snuff box set

in Gold. Item unto the two daughters of the said Countess which

she had by her first husband that is to say my Lady Francis

and my Lady Anne Clifford now educated in the Monastery

of Saint Ursula of Rome a silver Gilt snuffbox for each of

them Item to the second son of my said Nephew which he

hath by the said Countess of Newburgh a silver Gilt

snuffbox Item unto all other Children born and to

be born of my said Nephew as well males as Females

a Silver snuff box for each of them Item unto the

Reverend Father Charles Bachero a Jesuit my Confessor

who lives in the hospitall of the penitentiarys of the Vatican

palace a Tortoiseshell snuffbox sett in Silver with my Cypher

Item unto the most Reverend Brother Fay of St Fidore ten

Crowns in money wherewith he shall do what I communicated

to him at Confession and this for once only Item

unto the most Reverend Father Bonaventura Callagan of Saint

Fidore ten Crowns in money wherewith he shall do what

I communicated to him at confession and this for once only

Item I give to the most Reverend Father John Evangelista

Crocifero ten Crowns in Money and this for once only Item

unto the Reverend M’r Don John Coghly an Irish Crutched Fryar'

ten Crowns in money and this for once only Item unto

Sister Maria Celeste of the Religious Angels who hath made profession

in the said Monastery of St Ursula daughter of Mr Clement

[page 4]

Milli my procurator a tortoiseshell snuff box sett in Gold Item

I give unto the said MrClement Milli his Bill or promise of

payment of Forty Crowns and over and above that ninety nine

Crowns and Fifty Five [Baiochis?] which are deposited to my

Credit in the Bank of St Spirito of Rome whereof the Bill

was Robbed from me by one of my servants as appears

by the Relation thereof made in the Criminal office of

the Governor of Rome his wife if they live with she or in my

house at the time of my decease Fifty Crowns for Each of them

once only and all the livery Cloaths as well to the

said Dominick Piselli as to all the other servants Item I

leave to Mr Rudolph Radcliffe of London Merchant the

sum of three Thousand five hundred pounds sterling which

he owes me by his Bond on Stampt paper of England and

my Will is that myExecutors do deliver up unto the said

Rudolph his said Bond and that at the same time

he shall give to my heir the possession of my Land which

he holds with the Interests that are due and unpaid of the

said Three Thousand five hundred pounds sterling at five:

per cent per annum which Bond is now in the hands of

Mr John [Riles?] an English Merchant at Hampstead near London

Item as Legacies and in wvery other better manner I leave

'unto my nephew Charles Radcliffe a gold repeating warch

all the damask chairs and other of other sorts pictures tables

and other Goods which I sent him to furnish his house when

he came to Rome and likewise I forgive him all the Bills

or Promises of Payment of the sume of several Thousands

of Crowns which I lent him and paid for him willing that he

shall not claim any thing else out of my Estate not even

by Title of [Juco---] upon the underwritten my hereditaty Estates

in all and singular the remainder of my Estate Moveable

immoveable reasons actions names of debtors loans and all

other in my possession present and to come I make my

Universall heir and with my own mouth I nominate my

Lord Stanard son of my said Nephew Charles Radcliffe which

eldest son I will shall be obliged to remaine in Rome and

forme a Roman Family forbidding him therefore any alienation

whatsoever of my hereditary Estates and Specially of the

Garden and house situated on Saint Francis de Sales

in Rome and of the Goods which are therein I also will that

he shall not have the Liberty to Lend and remove them

from the said house not even to transport them in any

other of his own habitations and as to the loans or Contracts

of Rent which I have in Rome which shall be described

at the end of this my Will and the others which I may

aquire before my death of all which my hereditary things

and Specially of those above mentioned I forbid all manner of

alleniation Obligation and Mortgage under any pretence and

colour whatsoever and that in case they should be alienated

either in all or in part he shall be of [consesinstrated?] from

[page 5]

his right and the first hereafter called to the underwritten trust

shall succeed in the said allienated Estated and that because

I will that all my Goods shall be preserved for ever in the

persons called to the said Trust and in case my said Lord

Stanard my Universall heir shall leave any children at his

decease I substitute pubickally for the Trust and in every other

better manner his eldest son and so successively from eldest

to eldest and in case he dyes without leaving any Children

or if at any time whatsoever there shall be no male

Heire left by lineal descent of males from him I substitute

in their stead as above the second son of the said Charles

Radcliffe and his male issue by lineal descent of Males

observing likewise the rank of eldership and in the same

manner I substitute the third son and others as long as

there shall be male issue by Lineal decent of males of

the Fathers side of the said Charles and in case of Failure

of all the male issue of the Fathers side of the said Charles

I substitute his eldest daughter upon condition that her

husband shall take the name and arms of the Family and

her eldest son shall succeed her and so successively all her

other issue by the male line by way of eldership and in case

the said eldest daughter shall not have any male issue or

in casee of Failure of such issue at any time whatosoever

I substitute the second daughter in the same manner and

forme as long as there shall be male and female issue of

the said Charles observing always the rank of eldership

and always with the same charge of takeing the arms and

name of my Family and because I greatly desire that the

Family of my heir may be perpetually settled at Rome

and likewise be submitted to the holy see of Rome to whish

my house has always Glorified herself in being her most

obedient daughter If ever my heir or those who are called

afterwards should depart from Rome for a considerable time

'I deprive them of my inheritance and substitute therein

the others called as above with the same Rank of eldership

I forbid my heir and all those who are called to this

Trust any Crime whatsoever whereby they might incurr susch

Indignation of the [Priure??] that their Estates would be

[confiscated?] and if ever against my Will any of them shall

contravene to this my prohibition I will that for three days

before such Crime committed then shall be deprived of my

Inheritance and in such case I substitute in his stead the

first called according to the rank aforesaid and if he was to

be pardoned by the priure then confoming my self also

to his Will I reinstate him in my Inheritance upon this

Condition that the after called one shall not be obliged to

restitute what he shall have enjoyed of the income in the

meantime I institute for Testamentary Executors of all these

my dispostions the most Illustrious and most Reverend

Prelates my Lord Gentile and My Lord Crescrenzi desiring them

to be pleased out of their politeness and good nature to execute

[page 6]

and cause to be executed every thing which I have hereabove

disposed in order that my last and deliberated will may not be

frustrated for which purpose I recommend them the care and

Guardianship of the Minority of the said heir eldest son of my

said Nephew Charles Radcliffe willing that my said Testamentary

Inventory of all my Estate moveable and Immoveable in order

that they more easily may preserve the same according to my

Will and as a small acknowledgement of their Goodness I will

that the said eldest son my heir shall deliver to my Lord

Gentili a picture painted on a cloath representing our Lady

with the Child sucking at her Breast done by the Chevalier

Vandick with a Gilt Frame worked and carved after the

French manner and unto my Lord Cresrenzi a picture representing

the most Holy Sacrament supported by two angells done by

'Peter de Cortona with a Tortoishell Border and Ebony and

[-ucinsted?] much worked with silver The inventory of the above

mentioned Loans or Contracts of Rents which I have to this

say acquired is as followed that is to say St Peter the first

[erection?] thirty one 66/100 5[0? superscript] Loans or Contracts of Rents St

Peter the second Erection seventeen Loans or Contracts of Rent

St Peter the third Erection sixteen Loans or Contracts of Rent

St Peter the Fourth erection Eight 33/100.50 Loans or Contracts

of Rent St Peter the fifth Erection three 6[7]/100 Loans or

Contracts of Rent St Peter the seventh Erection fifty four Loans

or Contracts of Rent St Peter the eighth erection twenty

five Loans or Contracts of Rent St Peter the ninth Erection

fifty Loans or Contracts of Rent which make in all two

hundred and five Loans or Contracts of Rent and Sixty Seven

Hundredths and this is and I will shall be my last Will

and Testament which if it does not avail as a Written Will

or a nuncupative one without Writing I will the same

shall avail as a Codicill Gift in prospect of death and in

every other better manner revoaking and annulling all other

Wills and Testaments by me heretofore made in Witness

this twenty Fourth day of July One Thousand Seven Hundred

and thirty I William Radcliff do Testate and dispose as above

I the underwritten Notary publick of the Capital

Court of [blank space] do hereby certify that

on the twenty Fourth say of the month of July

One Thousand Seven hundred and thirty the said most Illustrious

Earl William Radcliffe son of the late Francis an Englishman

living at Rome unto me known Vouluntarily and every other

by means he did and doth acknowledge his hand writing

hereabove and signature at the Foot thereof and by alike

oath affirmed every thing mentioned and contained in the above

written Will was and is True and therefore touching he swore

whereupon In Witness dated the day and year aforewritten

For Mr Francis [Ficedula?] Notary of the Capital Court [Lanore-ce Cassaci-- ?]

signed In Testamony not only but and all upon all and singular

[page 7]

Witnesses to all and singular the premisses specially called hand and

required

I Francis Fidcedula Citizen of Rome by the

Grace of God and Apostolicall Authority Publick

Notary of the Capital Court of [ words replaced by dashes] being

required have signed and published and have

affixed my usual seal

We the underwritten publick Traders in

Rome do certify that the said Mr John

Francis Ficedula is an authentick Notary

publick of the Capitol Court and such as

he stiles himself and that full and undoubted

faith allways has been and is now given

to all his Writings both publick and private

and therefore we have subscribed and

signed these presents with our own hands

Rome this First day of February 1736

Girolanio Bellin

Rizzi & Willm [Maciron?]

I Benjamin Bonnet of London notary

publick by lawfull authority duly admitted and sworn do hereby

certify that the hereunto annexed Translation contained in

forty sides or pages of paper purporting the last Will and

Testament of William Radcliffe and other Acts relateing thereto

was by me Faithfully done out of Latin and Italian witness my

my hand London, the twenty ninth of March One Thousand seven

hundred and thirty seven Ben Bonnet Not. Pub 1737

On the Fifth day of May in the year of our Lord One

Thousand seven hundred and thirty seven [---ed Forth?] a

commission to George Cary Esquire Guardian lawfully

assigned to the Right honourable James Lord Kinnaird otherwise

Stannard a minor the Residuary Legatee named in the Will of

the honourable William Radcliffe late of Rome in parts

beyond the seas Esquire deceased to administer the Goods Chattells

and credits of the said deceased according to the tenor and effect

of the said Will for the use and benefit of the said Minor

untill he shall attaine the age of twenty one years being first

sworn duly to administer The most Reverend prelates Gentili

and Cresensis the Executors named in the said Will being first

cited to accept or refuse the Execution of the said Will and in no

wise appearing

[Side annotation]

On the fifth day of May

in the year of Our Lord One

thousand seven hundred and

fifty Administration f'with the

Will anyexed of the Goods

Chattels and Credits of the

Honourable William Radcliffe

late of Rome in parts beyond the [no word]

Esqr deceased was granted to James

Bartholomewe Radcliffe Esqr commonly called

the Right honourable James Bartholomew

Lord [ line of dashes]

Kinnard or otherwise [Stannard?]

the residuary Legatee [---ed] in

the said will being first

sworn & commission duly

to administer The most Reverend

Prelates Gentili and [ Cres---]

Executors named in the said

Will being [f-- ------ed] to

accept as [-----] the execution

thereof and in nowise appearing

and two letters of Administration

with the said Will ([------]) ----

of the Goods of the said deceased

theretofore to wit in the

month of May 1737 granted

to George Carly Esqr

Guardian and [---] [----] and

benfit of the said James

Bartholomew Radcliffe

commonly called James

Bartholomew Lord Kinnard

otherwise Stannard by the

name descriptions of the

Right Honourable James

Lord Kinnard otherwise

Stannard only then a Minor

and until [ ] [ ] attain

the age of twenty one ([----] being

[______________________]

of his having attained the s’d

age