[p. 1]
In the name of God amen, 17 June 1640, I, Robert Lord Brooke being (thanks be to God) both in perfect health and memory do make this my last will and testament in manner and form following (that is to say) inprimis, I bequeath my soul to Almighty God and my body to be interred at the discretion of my executors. Item, I do devise unto my dear wife for and during her natural life (over and above the jointure already settled upon her) the moiety of the manor or manors of Fringford in the county of Oxfordshire. Item, I give unto my said wife all my jewels to be delivered to her within six months next after she shall confirm all those leases which I have made of any of the lands or tenements within her jointure whereupon are reserved the usual accustomed rents. And after she and her father, the right honourable Francis, Earl of Bedford, or she and the executors or administrators of the said Earl shall by their deed sufficient in the law release to my executors or administrators, all covenants and promises whatsoever heretofore made or entered into by me and of all demand whatsoever to be required of my executors in regard they are my executors (the said bequests to my said wife only excepted) provided if such a release shall not be [p. 2] made to my said executors within six months next after my decease thereto my said devise or bequest of the said moiety of the said manor or manors of Fringford shall be void. Item I do give and devise to be yearly issuing out of the manor of Hogshaw in the county of Buckingham unto my son Edward Greville, his heirs and assignees for ever, one annuity or yearly rent of one hundred and fifty pounds per annum. And unto my servant Richard Cross one other annuity or yearly rent of five and twenty pounds per annum during his natural life. And unto that daughter of my servant John Westcott (to whom I have heretofore promised the same), one annuity of ten pounds during her natural life. And unto the wife of my servant Thomas Fish, which I heretofore promised to give her, one annuity of ten pounds per annum during her natural life. And unto my servant John Overton twenty marks per annum during his natural life. And unto my wife's servant Elizabeth Archbold one annuity of five pounds during her natural life. All and every which said several annuities my will is that they shall be yearly paid to the said several persons to whom the same are so divided as aforesaid at the feast days of Saint Michael the Archangel and the annunciation of the blessed virgin Mary by the equal portions. [p. 3] And if that shall happen that any of the said annuities or any part of any of them to be behind or unpaid next after any of the said feasts whereupon the same ought to be paid as aforesaid by the space of twenty-eight days that that then and so often as the same shall be so behind and unpaid that shall and may be lawful to and for the said several persons whose annuities or any part thereof shall be so behind and unpaid unto the said manor of Hogshaw to enter and distrain, and the distress and distresses and distresses there so had and taken, to lead, drive, take and carry away and the same to impound detain and keep until the same several annuities and all arrearages of them or any of them that shall be so behind and unpaid shall be fully satisfied contented and paid. Item I give and bequeath to my sister the Lady Haselrig twenty pounds, to my brother Bosvile twenty pounds, to my brother William Greville twenty pounds, to buy every of them rings. And I give to the children of my sister Walcott twenty pounds a piece when they shall accomplish their several ages of one and twenty years. Item I give to my honourable friend, the Lady Mandeville, one hundred pounds, to Mr Peter Sterry one hundred pounds, to my servant Thomas Fish forty pounds, to my servant John Halford fifty pounds. Item my will is that all my personal estate (except such part thereof as I have before bequeathed to my said wife shall be forthwith sold by my executors. [p. 4] And my will is that the money by such sale to be raised shall be paid towards satisfaction of my debts and legacies. Item, I devise to my executors and their heirs all the land which I have bought in the fens within the counties of Lincoln, Huntingdon and Cambridge or any of them, and the land which I have bought in the counties of Oxford and Warwick, or either of them. And my interest in my interest in any lands or goods in the island of Providence in the West Indies or elsewhere in the West Indies aforesaid to be by my said executors sold and my will is that the money to be raised by the sale thereof shall be paid towards satisfaction of my debts and legacies. Item, I do devise unto my executors hereafter named my said manor of Hogshaw with the rectory of Hogshaw in the said county of Buckingham and my manor of Admington with the appurtenances in the county of Gloucester, and my manor of Clutton with the appurtenances in the county of Somerset, and my manor of Knowle with the appurtenances in the county of Warwick, except such estate or estates as I have made to or for my said wife of or out of the said manor of Admington and Clutton or of or out of any of them. Provided my executors pay the annuities or yearly payments for payment whereof I have charged the said manors of Clutton and Knowle or either of them, to have and to hold the same manors and premisses unto my said executors from and immediately after my decease for and during [p. 5] the term of fourscore and nineteen years thence next following, the better to enable them to pay my debts and all annuities heretofore by me granted and the legacies by this my last will and testament bequeathed. Item, I do devise the reversion of the said manor of Hogshaw with the said rectory of Hogshaw and the reversion of the said manor or manors of Fringford with the appurtenances unto my son Robert Greville and his heirs for ever. And my will is that when my executors have raised money for the payment of my debts and legacies by sale of land or otherwise that then they upon reasonable request shall transfer and assign over the estates by this my will devised to them of and in the said manors of Hogshaw unto my said son Robert Greville in case he shall then be of the age of one and twenty years or so soon as he shall accomplish the age of one and twenty years by good and sufficient conveyance and assurance in the law convey and assure to my said son Robert and his heirs forever the reversion of the said manor of Hogshaw and of the said rectory of Hogshaw that then my said bequests made to my son Robert of the reversion of the said manor or manors of Fringford shall cease, determine and be from thenceforth utterly void and frustrate. Item, I devise the reversion of my manor of Knowle with the appurtenances in [p. 6] in county of Warwick unto my said son Edward Greville and his heirs forever. And my will is that when my executors have raised moneys for the payment of my debts and legacies by sale of land or otherwise, that then they upon reasonable request shall transfer and assign over the estates to them by this my will devised of and in my said manor of Knowle unto my said son Edward Greville in case he shall then be of the age of one and twenty years or so soon as he shall accomplish that age. Item I make, ordain and appoint John Bridges the elder of Alcester in the county of Warwick, gent., John Bridges the younger of EdrestonFootnote 2 in the said county of Warwick, gent., and Henry Hunt of Lynsey in the county of Worcester, gent., executors of this my last will and testament and do give to each of them a hundred pounds peice for their pains to be taken touching this my last will. And do also devise to them all such money as they shall disburse either for the use of my said sons Robert and Edward, or either of them, for and towards their and either of their diet, apparel, education and maintenance until they shall have the possession of the respective estates to them bequeathed as aforesaid or for or about suits of law or other charges or expenses touching this my last will and testament. Item my will is that if my son and heir after he shall accomplish the age of four and twenty years do and shall confirm all such leases [p. 7] as I have heretofore made and shall also give good and sufficient security unto my executors to pay all my debts, annuities and legacies and to confirm all and every other matter and thing which on the parts and behalves of my said executors are to be performed touching the execution of this my will. That then and there upon my said executors shall assign over unto my said son and heir all my real and personal estate that then shall by force and virtue of this my will be remaining in their hands unadministered. In witness whereof I the said Lord Brooke unto this my last will and testament have subscribed my name and set my seal the day and year first above written, Robert Brooke
Signed, sealed and published in the presence of
William Bridges
John Halford
Francis Allderne
Thomas Hind
This will was showed unto William Bridges, gent.
This will was showed forth unto Mr John Halford 28 May 1651 at the time of his examination before us
Richard Booth
Francis Edes
This was in the suit pro domina Brooke con Bovey armiger
[p. 8]
A codicil to be annexed unto the last will and testament of me Robert, Lord Brooke, Baron Brooke of Beauchamps Court in the county of Wicke Warwick
Whereas since the sealing and publishing of the last will and testament of me the said Lord Brooke which beareth date 16 June 1640, it hath pleased Almighty God to give me another son, I, the said Lord Brooke, do therefore give and devise unto Algernon my youngest son one annuity or yearly rent of one hundred and fifty pounds to be issuing and payable out of my manor of Hogshaw in the county of Buckingham at the feasts of the Annunciation of the blessed virgin Saint Mary and Saint Michael the Archangel by equal portions, the first payment thereof to begin at such of the said feasts as shall next happen. The said annuity or any part or parcel thereof to be behind and unpaid by the space of eight and twenty days next after either of the said feasts whereupon the same ought to be paid as aforesaid, that then and so often as the same shall be so behind and unpaid, it shall and may be lawful to and for the said Algernon Greville into the said manor of Hogshaw and into every or any part thereof to enter and distrain and the distress and distresses there so had and taken [p. 9] to lead, drive, take and carry away and the same to impound detain and keep until the said annuity and all arrearages thereof that shall be so behind and unpaid shall be fully satisfied, contented and paid. Item, I do devise and bequeath unto my said son Algernon Greville and his heirs forever my manor house of Admington in the county of Gloucester and all barns, stables, outhouses, edifices and buildings unto the same manor house belonging together with the moiety or half of the residue of my manor of Admington in the said county of Gloucester. One lease heretofore made of the said manor unto the right honourable Francis, Earl of Bedford, deceased, in trust for the benefit of his daughter my now wife during her life excepted and foreprized) Provided and my will is that if my son and heir shall within one year next after he shall accomplish the age of one and twenty years by good and sufficient conveyance and assurance in the law, convey and assure unto my son Robert and his heirs forever the reversion of the said manor of Hogshaw and of the rectory thereof. And unto my said son Algernon and his heirs forever the reversion of the said manor of Hogshaw and manors of Fringford in the county of Oxford and of the advowson thereof. That then my said devise and bequest made to my said son Algernon and his heirs of the said manor house of Admington and of all the premises thereunto belonging and of the said moiety or half part of the residue of the said manor of Admington shall cease, determine and be from thenceforth utterly void, frustrate and of none effect. In Witness [p. 10] whereof I have unto this my codicil set my hand and seal, 5 March 1642:
Robert Brooke
Sealed, signed and published in the presence of:
Richard Cross
William Bridges
John Halford
This codicil was shewed unto William Bridges, gent.
This codicil was shown forth to Mr John Halford, 28 May 1651, at the time of his examination before us:
Richard Booth
Francis Edes
This was in the suit of pro Brooke domina con Booth Bovey armiger
ExhibitFootnote 3
[p. 11]
A true copy of the right honourable Robert, Lord Brooke's will.