[Note: This will was obtained from the archives in England by Joyce Hornback, who also provided this transcription of the handwritten text.]
In the name of God Amen, I Richard Towneley of Towneley in the County of Lancaster Esq, being in good state of health and of sound and perfect disposing memory, blessed be God for the same, do constitute, ordain and make this my last will and testament in manor and form following:
And first and principally I recommend my soul unto the hands of Almighty God trusting through the works of Our Savior Jesus Christ to be made partaker of everlasting happiness in the Kingdom of Heavon and my body I committ to the earth to be interred in my chappell or quire in the personal chappell of Burnley in the county between or as near as possibully may be done between my dear wife and Mother and that a tomb or some other plate or side monument or side inscription to the wall near the place of my interment, be letters by my Executors and therein be engraved a memorial or subscription or inscription of my life, my wife and Mother being buryed there and of my late father being slaine at Marston Moore Battle, and the occasion of the sale of his estate by a pretended act of parliament and the composition thereof I leave to my brother Charles Towneley if he be living or otherwise to my Executors desiring it may be contained in as few words as may _____.
And whereas all or most of my copyhold, messuages, lands, tenements and hereditament being within the Manor of Clitherow in the said county are surrendered in and by personal surrendors to devise and sundry persons therein severally nominated and for just uses and trusts as shall be my last will and testament or any other act or deed in writing be declaired, sumitted and appointed as by the said surrendors may more particularly appear, I do hereby sumitt and appoint three messuages or tenements in Dunnurshaigh in the said county of lands thereunto belonging now in the possession of Edmund Howarth, John Butterworth and Henry Heape under the yearly rent of nineteen pounds or there about to my son Charles Towneley for and during the term of his naturall life and all the rest of my said copyhold, messuanges, lands and tenements and hereditament I do sumitt and appoint and I do hereby devise to my Executors hereafter named for the term of ninety nine years if my said son Charles Towneley and my grandson Richard Towneley shall both of them jointly being heirs upon the trust here after mentioned and the reversion and subscription of the said copyhold, messuages and tenements and premisses herein before devised and sumitted to my said son Charles for life from and after the determination of that estate as also the reversion and subscription of all the rest of my copyhold, messuages, lands and hereditament from and after the end of other determination of the said terms of ninety nine years, I do hereby will and devise, sumitt and appoint shall good remaine and be to and for such particular uses and estates as are limitted declaired and appointed of all my freehold estate and lands in the said county of Lancaster in and by a retained deed or indenture quadripartite in the year of Our Lord One Thousand six hundred eighty five made between me the said Richard Towneley of the first part, my said son Charles Towneley of the second part, George Holman Esq, Peter Fermer Esq, Robert Dalton Esq, and Nicholas Towneley Esq, of the third part and Henry Fermer Esq and Ursula Fermer of the fourth part chargeable. Never the less as if herein after understoud and that the several named trustees or surrendores in the said surrender respectively named and their heirs shall stand and be firm and seized of my copyhold lands accordingly but the said copyhold lands and premisses not to be subject or liable to any annerity charges portions provisions or payments in the said quadripartite deed mentioned land as is herein after specified and directed and whereas my son Charles Towneley by this deed bearing date on or about the Twenty-ninth day of January one thousand seven hundred and three for and upon the consideration therein mentioned and pursuant to a power to him reserved and by the said quadripartite indenture hath charged all and every like manor the lands and tenements and hereditament in the said quadripartite deed mentioned, Except all others than the Manor of Towneley and the demaine lands thereunto belonging with the payment of the sum of twelve hundred pounds of lawful English money within one month except ensueing the death of me the said Richard Towneley and the said Charles Towneley by his covenant and agreement stand also obliged to pay the same of such person or persons and to and for such also intends and purposes and in such fort manner and form as I the said Richard Towneley by my last will and testament or other of my act in writing attested by three or more wittnesses shall direct or appoint.
Now I the said Richard Towneley do hereby will, devise, direct and appoint that the sume of twelve hundred pounds shall be paid to my executors hereafter named And that the sum when so paid shall be accounted amounts in their hands and part of my personal estate and as touching the said terms of ninety nine years herein before limitted to my Executors and determinable as afore said the land is so limitted and devised to my said executors upon special trust and consider that my said Executors out of the rents, issues and profitts of the copyhold land and premisses so limitted in trust shall pay to my daughter Cecilia Towneley for so many years as she shall happen to live the annuall sume of twenty five pounds of lawfull money of England without any diminution deduction or abasement for or in respect of any charges aids or servants or their impositions whatever charged or impossed or to be charged or impossed by verture of any act of Parliament or authority what so ever. The said yearly payment to be made at the feast of the Annunciation of the blessed Virgin Mary and the feast of St. Michaelle the Arch-Angel yearly by even and equall portions and the first gift of said payment to be made and being at whether of the said feasts that first happen after my death. And in case the said terms of ninety-nine years determinable as afore said shall happen to end or determine in the life time of the said Cecily Towneley then and in such case I do charge the revision and hereditament of the said copyhold lands and expectant upon the end or determination of the said terms of ninety nine years with the annuall payments of the said sums of twenty-five pounds to the said Cecily if she be thus living for her natural life the said payments to be continued and made at the feast days as before mentioned yearly and without any determine as a fore said and and it is my will and mind and I do hereby devise that the said copyhold lands before devised for the said term of ninety-nine years and shall after the determination of the said terms stand charged with the said annuall payment of my said daughter Cecily accordingly.
And whereas by the said quadripartite deed several lands therein mentioned are limitted to Robert Dalton and Nicholas Towneley Esquires, their executors, administrators and assignees for the term of one hundred years upon several trusts therein mentioned deed amongst others for the raising and paying to Richard Towneley and Thomas Towneley my younger sons or such of them as shall be living at my demise such yearly sum or sums for their respective maintenance after my demise for and during such time and so many years of the said term of one hundred years as my said two younger sons shall respectively happen to live as I should by my deed or deeds or last will direct and appoint and according to such shares and portions as in my division I shall think fitt. And so as the sum did not exceed one hundred and twenty pounds yearly in the whole or to that effect and purpose.
Now I do hereby direct and appoint that the sums of ten shillings shall only be paid to my said son Richard for his said maintenance for the first years after my demise and no longer and I do hereby will devise direct and appoint that from and after my demise that the yearly sum of fifty pounds of lawfull English money shall be paid to my said son Thomas Towneley for so many years of said one hundred years as my said son Thomas shall happen to live for his maintenance – to be paid by such half yearly payments and in first manors as by the said deed as in that behalf directed and whereas in the trust touching the said terms of one hundred years there is provision made for payment of the yearly sums of fifty pounds to my brother Charles Towneley and of the like years sum to my sister Catherine Towneley and of the yearly sum of thirty pounds to my brother Francis Towneley in such manor as is hereby directed and where as by said deed or deeds or their conveyances or assurance in estate or provision was here tofore made to and for my daughter Margaret Towneley of in or out of severall farmes or tenements in Hurstwood in the said county of Lancaster parish of the land and hereditament in the said quadripartite deed or indenture mentioned for the granting or insureing the payment of the yearly sums of twenty pounds and unto her the said Margaret during the tenere of her natural life I do hereby ratify and reaffirm the several provisions as the sums are hereby severally and respectively settled And I do order that if after my demise any deduction or ______ for lapes or otherwise be laid out of the said yearly sums so settled appointed or provided for my said brothers wives and daughters Margaret and Cecily or any of them or of the said yearly sums of fifty pounds hereby appointed to my son Thomas so that by named thereof they or any of them cannot have or reverse the several amounts and yearly sums and appointed, settled, provided or intended to be paid to them respectively as afore said. It is my mind and will and I do hereby direct and devise that all such amounts in such yearly payments as shall happen and be obtained by such deductions shall stand charged upon and be supplied and made up out of the profitts of my said copyhold lands which are subject to the said terms of Ninety-nine years or paid out of my personal estate as my executors shall think fitt.
And as far and concerning my personall estate it is my will and mind and I do hereby leave and devise to my son Charles and the heires of my family all my books and mathematical instruments and I do will and devise that the same shall be prepared and kept continually at the Hall of Towneley in nature of heirlooms for the good and service of my family and posterity (many of them being valuable and hard to begott) and the same to be kept together in the Library where they are or some other convenient room.
And I do also will and devise that my son Charles shall have the use and occupation of my goods and furniture and the pictures and framing and being at Towneley for his life and after his demise I do hereby devise that same to my grandson Richard Towneley (except such as shall be worn out – and destroyed by common useage) but it is my will and mind and I do hereby devise that the long table and long settee in the hall with the great artes in and about the Hall and outhouseing here and in Hapton and the several goods following shall remaine and be kept at the said Hall at Towneley or other convenient place for the use of such of my family and posterity as shall be ownage and proprietary of Towneley aforesaid and that the said shall be accounted no part of my personal estate but said and remaine as heirlooms and also all the goods and furniture belonging to the chamber foremerly made use of for a nursery and formerly called the upper nursery likewise the strong iron chest referring never the less the use of the same to my executors or such person or persons as they shall employ in according their trust.
And I do give and devise to my son Charles Towneley the sume of forty pounds and to both other of my younger children the sume of thirty pounds of lawfull money of England as a legacy or remembrance of their dear demised Mother to be paid to them in such mannor and at such times out of my personal estate and copyhold lands as I by my codicil or other writing or letters under my hand shall appoint or in such convenient terms as my executors shall think fit.
And I do give and devise to both of my executors living at my demise the sume of Ten pounds.
And I do will devise and direct that as well as the said charge of twelve hundred pounds as the rest of my goods chattel and personal estate after debts legacies and funerall expenses probat of my will and monetary charged first deducted shall go and be disposed off for payment of such legacies and to and for such other uses intents and purposes and in such mannor and method as by any codicil or codicils or any letter or letters of advise and instruction to my executors under my hand I shall direct appoint and for want of such direction and appointment then I do devise the land as followeth viz: to my executors in trust never the less that they will employ the land to the best advantage of my grandson Richard Towneley or such other grandson as may happen to survive him or their heirs and I further will and devise that the remainder of the rents issues and profitts of the said copyhold, messuages lands and premisses here in before limitted for ninety-nine years after payment of the particular sumes and charges herein before thereout devised and made payable shall be employed and dispossed of for the payment and satisfaction of all and every such debts in the first place as I shall owe at the time of my demise to any person or persons whatsoever or performance of any other engagement or ingagework entered into by and by deed or deeds or otherwise to my said son Charles or any other person or persons whatsoever and which my personal estate will not extend to pay and then for the payment and satisfaction not onely of all such charges and expenses which my Executors or Trustees of my said copyhold land or any of them shall expend disburse and layout in and about the execution of the said trust touching the said copyhold land but also of all such other payments charges legacies and bequeaths upon or out of the said copyhold lands as I shall by any codicil or codicils to be by me hereafter made or by any letter or letters of advise or instruction to my said Executors under my hand be directed and appointed and in default of such direction and appointment then what remaines thereof in the hands of my said Executors (therein necessary costs and charges in and touching the said trust being from time to time first deducted and allowed) unto such person or persons to whom for the time being the immediate reviveson and remaindor of the said copyhold lands and premisses expectant upon the determination of the said terms of ninety nine years according to the devises and instructions before mentioned of the land shall belong and appertain and I do hereby revoke and make void all former will or wills by me at any time theretofore made and I hereby constitute ordaine and make my said brother Charles Towneley, Thomas Markhean of Otterton in the County of Nottingham Esquire and William Houghton of Parfehut in the county of Lancaster Esquire Executor of this my will and testament hopeing they will see the same executed as my trust in them reposed.
And I do desire my good friend Thomas Winbeley, Gentleman to be aiding and assisting to my said Executors with his best advise and direction touching the Executor and performance of the said trust or of this my last will and testament.
Wittness whereof I have hereunto sett my hand and seal the eleventh day of April Anno Dom 1706.
Sealed signed published and declared by these present and in his present attested by us.
Memorandum: That the Two and Twentieth day of April in the year of Our Lord One Thousand Seven hundred and six, I Richard Towneley of Towneley in the County of Lancaster Esq. Having allready made and executed my last Will & testament bearing Date the Eleventh of the said Month of April One Thousand Seven hundred and six do now make and declare this Codicill as farther part of the same my Will and Testament.
And first that my farther will is that my Executors Administrators & Assigns shall out of the Issues and profitts of my copyhold land pay unto my brother Francis Towneley for so many years as he shall happen to live after my decease the clear annuall sume of ten pounds (over and above thirty pounds per annum mentioned in my said Will) by even portions at the feasts of Pentecost and St Martin the Bishopp in winter the first of the said payments to be made & begin at whether of the said feasts shall first happen after my decease.
I do also give to my Executors Administrators or Assigns the sume of fifty pounds to be employed in binding out such children apprentises as my son Charles Towneley his heirs or assigns shall appoint in manner & forme following that is to say four within the space of one year after my decease the same number at or before the end of two yeares and the like number at or before the end of three yeares after my decease allowing for the binding each of such apprentises any sume not exceeding four pounds and the remainder of the said sume of fifty pounds to be given to such indigent persons as my said son shall think fittest object of charity and this I have thus ordered in liew of a dole which I have found by long experience to do no good to the poore.
And whereas by my said will I have given to my said son Charles the sum of forty pounds and to my daughter Howard and son Thomas each the sume of thirty pounds, now my will is that the said legacies shall be discharged out of a debt by my son Charles due to me by bond of November the tenth one thousand six hundred eighty eight for the payment of my Executors and Administrators or assigns of one hundred pounds within the space of two months. And after my decease my will is that the said legacies shall be discharged by my son within the space of one year after my decease. And upon my said sons failure thereof I do hereby revoke my said gift of forty pounds to my said son Charles.
Item I do give to Richard Bretargh (if in my service at the time of my decease) all my wearing apparrell and five pounds annualy during his naturall life after my decease to be paid by half yearly payments as the ten pounds to my brother Francis is appointed to be paid.
Item I do give to each of my servants with me at the time of my death two whole years wages in case I shall not otherwise provide for them.
And likewise that Robert Leigh if in my service be bound apprentice or otherwise be provided for as my Executors shall think fitt in this not exceeding the sum of ten pounds.
And thereas according to my order several parcels of timber have and may be fell and not sold at my death and have been valued in amount according as the same were therefore apprized with rates they probably will not reach. Now my will is that Roger Orum shall only stand charged with so much for the said wood or timber as shall actually be made of the same and no more.
Item I do give to my brother Charles Towneley the sume of one hundred pounds besides the sume of two hundred pounds due to him by me by bond. And the rest of m y undisposed declared quit goods and my will is that they be disposed of as I shall specify by any note or notes under my hand or otherwise shall direct. And my further desire is that the said Roger Orum be an assistant as well as Mr. Winbeley to my said Executors and that he would continue to manage my concernes upon the same score as he hath done dureing my life. And my further will is that all such persons I have given legacies to shall accept of the same as my Executors Administrators or Assigns shall think fitt to discharge the same.
Wittness my hand and seal the day and year first above written.
Sealed signed published and declared in the present of Us:
Whereas I Richard Towneley of Towneley in the county of Lancaster Esq. Have already made and executed my last will and testament bearing date the eleventh day of April in the year of Our Lord 1706, Doe now make and declare this my second codicil as a part of my said will and testament. And here my further will and intention is that my son Charles Towneley and his wife Ursula dureing their lives have a full and entire power of ordering and directing my eldest grandson’s education by appointing him a Governor and ordering the whole manner of it both as to time place and manner how he is to be educated. Thus my will and desire is that my aforesaid Trustees according as is ordered in the aforesaid Will shall provide procure and send moneys for the maintenance of my said grandson to the Governor, or those who shall be appointed to take care of him b my son Charles or his wife.
In witness whereof I have hereunto sett my hand and seale this Twentieth day of December in the yeare of Our Lord 1706.
his mark & seal
Signed sealed and delivered in the presents of us
April the 5th 1707
Recd then the original last will and testament
& two Codicills thereto whereof these seven
sheets of paper double pent[?] & stampt. Contains true
Coppys witness my hand: