Takamiya_44

Joh. Smyth Esq: 5

the seyd wyll in ev[er]y article to take pleyn effect & not in any wyse her[e]aft[er] to be revokyd but p[er]pe tually to stand. ferme & stabyll the same wyll so made of the seyd mesez londs & ten[emen]ts and wher[e] as I also the seyd John Smyth have ordeyned & declaryd my[n] wyll of [???] man[or] in hepworth callyd *[n.1] Breccs be feoffez hands[?] to thentent to fulfylle that same my[n] wyll for the sustentacen[ce] of a chapelyn *[n.2] p[er]petually to synge for my soule & for the soule of Anne my wyff. and for alle Crysten soulys accor dyng to the tenom[?] & effect of my[n] seyd wyll t[ri]p[ar]tite indentyd that the Collac[i]on of my[n] seyd chauntery wha[n] it shal happyn in any man[ner?] wyse for to be voyde that tha[n] the P[ri]our of the Monast[r]ie of Bury befor[e]seyd shuld have the gyft & collac[i]on of the same as in the same indentures mor[e] pleynly is declaryd. I indow[?] the seyd John Smyth for dyv[er]ce causez & co[n]siderac[i]ons cheuyd on to me wyll ordeyne & declare by this my p[re]sent testament & last wyll that wha[t]soev[er] the collage of p[rei]st of Bury be in corporat & have a mast[er] *[n.3] or othir reuler that tha[n] the seyd mast[er] p[re]sydent or othir reuler w[ith] my othir chauntery p[rei]st syngyng at Seynt Mary awght in the seyd churche of our lady and the chapeleyn of the gyld of the holy name of J[o]hn have the collac[i]on of the seyd chauntry to the[m] & to their successorez forev[er]. And mor[e]ovyr I wyll that wha[n]soeve[r] the seyd Collage be so

margin notes * n.1 Hepworthe mannor of Hepworth called Breke n.2 for a chaplain or chantry priest n.3 college of preist

6 The 2^d will of

in Corporat & have lycence of the kyng to purchas to them & to their successerez than I wyll that alle my[n] feoffez in the seyd man[er] of hepworth vpon due request to them by the seyd mast[er] p[re]sident or ruler & phelaschepp of the seyd Collage make Delyver onto them asur[e] & suffycient a state of and in the seyd man[er] w[i]t[h] thappa[r]tenau[n]c[es] to haue to them & to their successorez for the sustentac[i]on of the seyd Chauntry p[re]st for evyr. and wher also I the same John Smyth by indentur[e] haue chevyd notyfied & declaryd [1] my[n] mend wyll & intent vpon a feoffament made to herry hardman Clerk. William Duffeld. Clerk. & othir specifyed & named in a dede of my[n] man[er] [2] Callyd Swyftys w[i]t[h] thappurtenau[n]c[es] whiche I wyll [3] be Conuertyd to thuse of the seyd Collage to remayne in feoffez hand[es] on to suche tyme as the seyd Collag[e] as is aboue sayd be in Corporate & haue lycence of the kyng as is aboveseyd & than the seyd feoffez to make a state therof to the mast[er] p[re]sident or othir reuler & felashepp of the seyd Collage for the tyme being for the sustentac[i]on of a p[er]petuall Chapeleyn to syng at seynt Mary aughter in the seyd Chirche of our[e] lady for the soule of me the seyd John Smyth & Anne my wyff & other and for othir Charg[es] & Chargeable dedys to be don[e] as in the seyd inden turez mor[e] largely it is conteyned I the seyd John Smyth nev[er] wyllyng my[n] seyd wyll mynd & intent so be me pubblysshed notyfyed & declared vpon the seyd feoffament in any man[er] wyse

[1] To ye College of Preistes [2] ye manner of swiftes [3] to ye use of ye College

Joh Smyth: esq[uire] 7

be changed lessed or reuokyd but firmaly w[ith] out any intterrupc[i]on to be holden so that it ner no p[ar]cell therof be conuertyd to noon othir use. and for the mor[e] fermete & stedefastnes therof and that it p[er]petually shuld indur[e]. I the seyd John Smyth by this my p[re]sent testament & last wyll my seyde wyll mend and intent so made shewyd & declared be the seyd in denturez. approue retifye & conferme & wyll & ordeyne that the collac[i]on of the seyd chauntery at seynt mary aughter in lyke wyse belongyng on to the seyd p[ri]our unto suche tyme as the seyd collage in lyke wyse be in corporat and than the seyd mast[er] p[re]side[n]t or othir ruler w[ith] the chapeleyn of myn chauntry at seynt John is aughter & the seyd chapeleyn of the gyld of Ih[es]u haue the collac[i]on of the seyd chauntery to them & to their successorez for eu[er]. And mor[e] ovyr I wyll & geve full pover to my execut[or] & sup[er]visor of this myn testament to Funde & stablysse my[n] seyd chaunterez. and to make rulys constituc[i]ons & ordin[a]ncez. for the rule gou[er]n[a]nce & good co[n]tinuaunce of the same. and mor[e] over I wyl ordeyne & declar[e] by this my[n] seyd testament that if my[n] sone John or ony p[er]sone or p[er]sonez. named in the same testament and last wyll & to whom I made any legat or gyft int[er]rupt my[n] executourez so that they may not peseably execute the same or othirwyse vexe troble or lett the[m] in p[er]formaunce of my[n] last wyll or any article therof that tha[n] he or they so lettyng vexing or trobelyng to lese & forfete his seyd legate and I wyl and

The 2^d Will of

Charge my execut[ors] that they and eny of them utt[er]ly[?] kepe restayn from hym or them ther legate & by questio[n] to them made notw[i]t[h]stondyng any feoffament state or possessyon takyn by fo[rn] in any goods that ar[?] my[n] or wer myn and mor[e]ovyr I requir & charche all feoffez in the seyd manerez londs rents & ten[amen]ts to release to my[n] executorez q[?] wan they be required be them and if suche case fortune to happe & for the due execuc[i]on & p[er]formans of this my[n] testament & for the playn & true dysposic[i]on of my[n] goods & catall I will & streytly charge all suche of my[n] executorez as shall take upon them the charge of the same as they wyll answer afor god that they ner non of them ministr[e] or dyspose any of my seyd goods by them self w[i]t[h]oute the comon assent of alle ther coexecutourez & that alle suche of my goods as shal come to any of ther handys whethir it be in detts or in any othir thyngs I wyll & charge that they immediatly aft[er] the reseyte therof be brought in to the toun of Bury & ther[e] by the comon assent of all my[n] sey execut be put in a place be them ther for to be ordeyned & assigned wher they alle ioyntly may have recurse therto ther safly to be kept by them to suche tyme that by alle ther assents they be fully distribute and dysposyd for the weell of my sowle and hartyly I p[ra]y & desyr the

John Smyth Esq.

ordenary a for[e] whom this my testament shawe p[re]byd and also the sup[er]visoires of this my seyd testa ment that the seyd executoure[z] be there solempne othez among othir thyngs be speciall[y]? charged and sworn to fulfylle & kepe thentent of this myn article and last wyll & that he or they that wyll refuse to make the seyd othe or all[?] afterward to do contrare of the same I wyll that he or they be dyscharged of any ferthe dealyng of the seyd testament. And also to be compelled by the seyd ordenare & by the sup[er]vysoure[z] to make restituc[i]on of all suche goods kept contrare to thentent of this my seyd article & last wyll It[em] I desire & require my cofeoffes that thei delyn[?] .otate in all my manerez landes &ten[amen]ts unto myn execute whatsomever they be desiyed[?] be them. The residue of all my goods & catall *[n.1] not bequethed. I give and bequethe on to myn execut[..]? thei for to dyspose them for the helthe of my sowle & for all the sowlys that I am be holden for to p[ra]y for as they thynke may be most plesur[..] to god & welfare of myn sowle. Off this my testament & last wyll I putt & ordeyne execute[..] Sere[?] Thomas ampe Adam Nowhawe & Raff Duke *[n.2] sup[er]vision of this my testament I put & ordeyne the priour of the monastrie of Bury afornseyd.

margin notes: 1. re.... of his goods 7 chattels to his executors to be disposed of for y health of his soule & such soules as he is beholden to 2. his executors