PERIOR Joshua, Gentleman of Godalming Will written 10 November 1647 PRO Ref: PROB 11/208 In the name of God Amen The tenth day of November in the year of our Lord God one thousand six hundred forty and seven and in the three and twentieth year of the reign of our Sovereign Lord of England Scotland France and Ireland King and Defender of the Faith etc I Joshua PERIOR the elder of Godalming in the county of Surrey Gent being in good health of body and of mind and perfect memory thanks and praise be attributed and given to Almighty God calling to mind the frailty of our life here on earth (utterly revoking all former wills by me heretofore made) do make and ordain this my present Testament containing herein my last Will in manner and form following that is to say First and principally I commend my Soul into the hands of Almighty God who gave it me … And my body I will to be decently buried within the parish church of Godalming aforesaid at the discretion of my executrix and overseers hereunder named. Item – I give and bequeath unto the poor people of the parish of Godalming aforesaid the sum of three pounds of lawfull English money to be distributed amongst them upon the day of my burial and the like discretion of my Executrix and overseer hereunder named. Item – My Will and meaning is that my overseers hereunder named or the survivor of them shall have full administration and authority (by force and virtue of this my last Will and Testament) immediately after my decease, not only to enter into and upon all my Messuages Land Tenements and Hereditaments whatsoever with their appurtenances, and to have receive and take all the rents ---- and profits thereof and of every part and parcel thereof But also to carry receive and take into their custody all my goods chattels cattoll? and ---, plate jewellery, household stuff, utensils and debts to me owing and all other my personal estate whatsoever Upon special trust and confidence nevertheless and to the uses intent and purposes following That is to say that they or the survivor of them or the Executors or Administrators of them shall and will satisfy and discharge and pay or cause to be paid all my debts and funeral expenses and all the several legacies herein --- mentioned to be by me given or bequeathed at the funeral and respective times hereby limited? for payment thereof And with and to this further trust intent and purpose that from and after payment and satisfaction had and made by my said overseers hereunder named of my said funeral expenses debts and legacies according to their several limitations hereafter expressed that then they or the survivor of them shall and will within one month then next insuing well and surely give yield --- surrender and deliver a time ------ and ------ Attempt in writing as well of all the paid good chattels, cattolls? and personal Estate whatsoever together with any surplus thereof (if any be) unto my Executrix hereunder named and also as aforesaid Rent and profit of all and singular the said Messuages Land and Tenements (so by them inscribed?) together with the --- possession of the same Messuages Lands and premises (and the surplus of the paid rent thereof if any be) unto my several children unto whom the same shall be severally and respectively devised and given by force and virtue of this my said last Will and Testament and to no other use or intent or purposes whatsoever. Item – I give and bequeath unto my daughter Lydia PERIOR the sum of one hundred and fourscore pounds of lawfull money of England to be paid unto her the said Lydia by my overseers hereunder named in two years next after my decease. Item – I give and bequeath unto my daughter Margarett PERIOR the sum of one hundred pounds of lawfull money of England to be paid unto her the said Margarett at her age of twenty and one years: Which paid sum of one hundred pounds last mentioned given and bequeathed to my said daughter Margarett my will and meaning is that William PERIOR my eldest son his executors or assigns or such other person or persons as shall have the Estate and Inheritance of my lands tenements and hereditaments called ----land lying and being in the parish of Wisborough Green in the county of Sussex by force and virtue of my said last Will and Testament shall not well and truly satisfy discharge and pay unto my said daughter Margarett PERIOR at her said age of twenty and one years the said sum of one hundred pounds of lawful English money that it shall and may be good and lawfull to and for my said Daughter Margarett PERIOR her heirs and assigns by force and virtue of this my said last Will and Testament to enter into and upon all my said lands tenements and hereditaments whatsoever with the appurtenances named lying and being in Wisborough Green aforesaid And to have hold and enjoy? all the same lands tenaments and hereditaments and the rents ----- and profits thereof and of every part thereof ---- and ---- up to and for her and their own proper use and ---- until the said William PERIOR my son or such other person or persons which shall have the said Estate and Inheritance of the said lands tenements and hereditaments called ----land by force and virtue of this my said last Will and Testament shall pay and satisfy unto my said Daughter Margarett PERIOR her Executors or assigns the said sum of one hundred pounds and the ---- thereof (if there be). Item – I give and bequeath unto the said Margarett my daughter the sum of forty pounds more of lawfull money of England to be paid unto her the said Margarett by my overseers hereunder named immediately after such time as she shall accomplish her full age of twenty and one years Item – I give will and devise unto my son George PERIOR and the heirs of his body for ever all that my lands tenements and hereditaments whatsoever which I lately bought and purchased of Joshua SMYTH and Johan his wife lying and being in Eshinge in the parish of Godalming aforesaid Provided always And my will and meaning is if it shall happen my said son George to die and depart this life without heirs of his body lawfully begotten then all the said lands and tenements (so unto him mentioned to be given and devised aforesaid) shall be and remain the right hand of me Joshua PERIOR Item – I give and bequeath unto my said son George PERIOR the sum of twenty pounds of lawfull English money to be paid unto him the said George by my overseers hereunder named within one year next after my decease Item – I give and devise unto my son Phillipp PERIOR and the heirs of his body for ever all my Messuages Lands and Tenements and hereditaments whatsoever with the appurtenances I recently bought and purchased of John Morely Thomas CHAMPION and John SMALPEACE situate lying and being in the tything of Farncombe and in Cathull?? meade? in the parish of Godalming aforesaid in the said county of Surrey And my will and meaning is that if it shall happen my said son Phillipp to die and depart this life without heirs of his body lawfully begotten then all the said Messuages Lands tenements and hereditaments (so as aforesaid mentioned to be given and devised to him the said Phillipp) shall be and remain unto my son John PERIOR and the heirs of his body for ever. And my further will intent and meaning is that if it shall happen my said son John PERIOR to die and depart this life without heirs of his body lawfully begotten then all the said Messuages Lands Tenements and hereditaments for as aforesaid mentioned to be situate lying and being in the parish of Farncombe and Cathull? meade aforesaid shall be and remain unto the right hand of me the said Joshua PERIOR forever. Item – I give and bequeath unto the said Phillipp PERIOR my son the sum of threescore and ten pounds of lawfull money of England to be paid unto him the said Phillipp by my overseers hereunder named immediately after such time as he shall accomplish his full age of twenty and three years Item – I give and devise unto my said son John PERIOR and the heirs of his body for ever all those two Closes? of land with their appurtenances which I purchased of Henry PURCHIS gentleman deceased lying and being in the parish of Godalming aforesaid adjoining or lying near a certain lane then called Greenelane. Item – I give and devise unto my said son John PERIOR and the heirs of his body for ever all that Close of land with appurtenances which I purchased of William PERIOR deceased and Anne his wife called by the name of Shortlands lying and being in Godalming field within the parish of Godalming aforesaid in the said county of Surrey And my will and meaning is that if it should happen my said son John PERIOR to die and depart this life without heirs of his body lawfully begotten then the said three Closes of land with their appurtenances so as aforesaid mentioned to be given and devised unto him the said John PERIOR and the heirs of his body shall be and remain unto my said son Phillipp PERIOR and the heirs of his body for ever and if it shall happen my said son Phillipp PERIOR to die and depart this life also without heirs of his body lawfully begotten then my will and meaning is the aforesaid three several Closes of land so as aforesaid mentioned to be purchased of and from the aforenamed Henry PURCHIS William PERIOR and Anne his wife adjoining to the said lane called Greenelane aforesaid and called by the name of Shortlands aforesaid shall be and remain unto the right hand of me the said Joshua PERIOR for ever. Item – I give and bequeath unto my said son John PERIOR the sum of forty pounds of lawfull money of England to be paid unto the said John by my overseers hereunder named at such time as he shall accomplish his full age of twenty and three years. Item – I give and devise unto the said William PERIOR (my son) and the heirs of his body for ever all my aforementioned lands tenements and hereditaments with the appurtenances called ….land lying and being in the parish of Wisborough Green aforesaid in the county of Sussex Paying satisfying and discharging unto my said daughter Margarett PERIOR the aforesaid sum of one hundred pounds of lawful English hereinbefore mentioned to be given and bequeathed unto her the said Margarett PERIOR my daughter. Item – I give and devise unto the said William my son and the heirs of his body for ever all my messuages lands tenements and hereditaments whatsoever and the appurtenances situate lying and being in Bramley in the parish of Shalford in the said county of Surrey. Item – I give and devise unto my said son William PERIOR and the heirs of his body for ever all that my Messuage or Tenament …. garden and orchard with the appurtenances situate lying and being in the Town of Godalming aforesaid in the said county of Surrey which I had of the gift and grant of my late father William PERIOR deceased And my will and meaning is that if it should happen that my said son William PERIOR shall die and depart this life without heirs of his body legally begotten then the said lands tenements and hereditaments called ----lands lying and being in Wisborough Green aforesaid and the said messuage tenement garden and orchard situate lying and being in Shalford aforesaid and the said mesuage tenement garden and orchard situate lying and being in Godalming town aforesaid with their and every of their appurtenances shall be and remain unto the several and respective uses intents and purposes after in and by this my last Will and Testament severally and respectively limited expressed and declared That is to say As concerning the said lands and tenements called ----land the same shall be and remain unto my said son George PERIOR and the heirs of his body lawfully begotten for ever And for want of such issue the same shall be and remain unto the right hand of me the said Joshua PERIOR for ever And as concerning the said messuages lands and tenements in Shalford aforesaid the same shall be and remain unto my son Joshua PERIOR and the heirs of his body lawfully begotten or to be begotten for ever And for want of such issue the same shall be and remain unto the right hand of me the said Joshua PERIOR for ever And as concerning the said messuage garden and orchard in Godalming Town aforesaid the same shall be and remain unto my said son John PERIOR and the heirs of his body lawfully to be begotten for ever And for want of such issue the same shall be and remain unto the right hand of me the said Joshua PERIOR for ever And to and for none other the uses intent and purposes whatsoever. Item – I give and bequeath unto my said son William PERIOR one dozen of ---- silver spoons called Apostle spoons and one ---- dish tipped with silver. Item – I give and bequeath unto my said son Joshua the sum of twenty pounds of lawfull money of England to be paid unto him the said Joshua by my overseers hereunder named within one year next after my decease. Item – I give and bequeath unto my said son Phillipp PERIOR all my part and portion of all the Tithes and Tenthes of all and all manner of corn, grain, grass and hay which I hold enjoy and yearly? sale? of within those tithings territories lands and grounds of Godalming aforesaid by force and virtue of one Indenture of Lease thereof formerly made unto my late father in law* Phillipp WESTE deceased whereof diverse? leases and yet to come and unexpired. And all my right tithe and interest in and to the same Tithes and Indenture and unto all and every part and parcel thereof. To have and to hold the same my aforesaid part and portion of Tithes unto my said son Phillip, hes Executors and Assigns to his and their own use from and immediately after the decease of Margarett my wife (and not before) for and during all the all the rest and residue of the same of leases in and by the before mentioned Indenture of Lease granted as aforesaid as each be them to come and unexpired holdings and paying …. and therefore yearly and every year during and by all the said residue of the before mentioned sum of leases? unto my said son John PERIOR his Executors or assigns the sum of ten pounds of lawful money of England at and upon the two most …. Feasts ………… (that is to say) the Feast of St. Michael the Archangel and the Annunciation of Marie the Blessed Virgin or within thirty days next after either of the same feasts by even and equal portions? yearly to be paid The first payment thereof to begin and be made at and upon the Feast of St. Michael the Archangel shall next and immediately happen after the decease of the said Margarett my wife. Provided always and my intent will and meaning is that if the said Phillipp PERIOR my son his Executors or Administrators shall not well and truly satisfy content and pay or cause to be contented and paid unto my said son John PERIOR his executors or assigns the aforesaid yearly rent or sum of ten pounds during and until the end and expiration of the said Lease at the Feast before lymitted? for payment thereof in manner and forms aforesaid according to the purpose and fair meaning of this my said last Will and Testament, that then it shall and may be good and lawful to and for my said son John PERIOR his Executors and Assigns by form and virtue of this my said last Will and Testament to enter into and upon all my aforesaid part and portion of Tithes before mentioned And the same to have hold enjoy and yearly take …. to his and their share? … during all the residue of the terms of years as shall be then to come and unexpired in as full large and ample manner and form in every respect as the same and before mentioned to be hereby given and bequeathed to the said Phillipp PERIOR my son. The said John PERIOR then holding and paying thereon and therefore yearly and every year until the end and expiration of the said Lease unto the said Phillipp PERIOR his brother his executors or assigns the sum of Ten Pounds of lawful money of England at the respective Feasts aforesaid or within thirty days next after either of the same feasts in manner and form respectively to all intents and purposes on that behalf so as before in and by this my said last Will and Testament lymitted expressed and declared. Provided also and it is my full intent will and meaning that if it shall fortune any or either of my aforesaid several children to die and depart this life before his her or their portion or portions shall become due and payable in part or in all by virtue of ….. (having no child? of his her of their body or bodies lawfully begotten then living that the several and …. portion or portions of him her or them so dying or such part thereof as shall not be due to be paid according to the intent and several limitations of this my said last will to remain and to be equally divided to and amongst all and every my then surviving children without frauds or guile. Item. I give and bequeath unto Joshua PURCHIS the sum of four? pounds of lawfull money of England to be paid unto him the said Joshua PURCHIS by my Overseers hereunder named within four years next after my decease. Item. I give and bequeath unto Sisley PURCHASE the sum of three pounds of lawful money of England to be paid unto her the said Sisley by my Overseers hereunder named within four years next after my decease. All the rest and residue of my goods cattolls chattels household effects utensils and implements of household …? within doors as without hereby before not bequeathed (after my debts and legacies paid and my funeral expenses discharged) I give and bequeath unto the aforesaid Margarett my loving wife whom I make nominate and appoint sole Executrix of this my said last Will and Testament and I ordain make and appoint my two sons Joshua PERIOR and George PERIOR Overseers of this my said last Will and Testament not doubting their faithful performance and fine execution of all things on their parts hereby …. to be performed and executed desiring them further to be or cause the same my said last Will in all other things (to their benefit … and best ….) to be well and fairly executed and performed according to my true meaning hereby declare and according to the special trust and confidence I repose in them. And I give to each of them for their pains and care herein to be taken and bestowed …. over and above their reasonable charges and expenses by them to be disbursed and laid out in or concerning the premises?. And third the Lord have mercy on me. In witness whereof to every written sheet of paper of this my last Will and Testament I the said Joshua PERIOR have subscribed my name and fixed my seal at the top thereof the day and year first above written. Anno Domini one thousand six hundred forty seven (Signed: Joshua PERIOR) Sealed signed published and declared by the above named Joshua PERIOR the elder for his last Will and Testament in the presence of Richard RAPSILLION Joshua BADGER John TOLEFIELD. MEMORANDUM That upon the sixteenth day of October Anno Domini one thousand six hundred forty eight the within named Joshua PERIOR the elder did declare his intent will and meaning to be that in case the within named Margarett his wife shall …. receive or take the Third of his land before his debts and legacies be discharged by virtue of her ….. happening therein after his decease except the several lands settled by Deed upon the within named Joshua PERIOR the younger, That then the within named Joshua PERIOR the younger and George PERIOR his son shall immediately after her taking and leavying? the same third have full power and authority to leavy and take all the tithes within mentioned for and towards the … speedy satisfaction and payment of the several legacies within bequeathed anything within contained not withstanding to the contrary. And the said Joshua PERIOR the elder doth further declare his full intent and meaning to be that the within named Joshua PERIOR and George PERIOR his sons, shall have full power and authority immediately after his decease to fell cut down and carry away all Trees of Oak (except young Tillors) standing growing and being upon all or any part of his lands lying in Bramley …. in written for and towards the most speedy payment and satisfaction of the several legacies before herein bequeathed And that they the said Joshua and George shall have five years apiece? for avoiding? the same Woods? In witness whereof the said Joshua PERIOR the elder hath subscribed his name the day and year aforesaid. Signed and declared by the said Joshua PERIOR the elder for part of his last Will and Testament in the presence of John TOLEFIELD and Joshua BADGER. And the further will and meaning of the said Joshua PERIOR the elder is that the said Margarett his wife shall leavie and take the Third of all his land after his debts and legacies shall be discharged and that she shall then also enjoy? the Tithes before mentioned during her life as is within expressed without interruption Witnessed hereunto John TOLEFIELD; George PERYOR; Joshua PERYOR *(note: Joshua married Margaret Weste in Godalming 9 Feb 1618)