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Will of John Palmer 1585

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This is a transcription of the register copy of the will of John Palmer esq. of Clerkenwell, Middlesex, late of Hartlip, Kent, reputedly the son of one John Palmer of Kent and a daughter of the Polhill family[1]. He married Paulina Sondes, daughter of Anthony Sondes of Throwley, Kent, and Jane Fiennes (or Finneux), on the 9th of July 1560 in Throwley[2], and by her had at least four children: Elizabeth (Palmer) Cheyney (1563-), Jane (Palmer) Thursby (1564-), Mary Palmer (1565-), and Sir Anthony Palmer (c. 1567-1630)[1].

The will was written on the 4th of July 1585[3]. The will was proved at the Prerogative Court of Canterbury on the 4th of March 1585/6[3]. The register copy of the will is now held at The National Archives at Kew, Surrey, England.

Spelling and punctuation are as per the original. Paragraph breaks and bold text are my own for ease of reading. 'ff' has been rendered as 'F', and ligatures and abbreviations have been expanded in [square brackets]. A portion of text surrounded by "^^" indicates an insertion.

An English abstract of the Latin probate paragraph that appears after the will in the register copy has also been provided.


Contents

List of persons mentioned

  • John Palmer, esq., the testator
  • Henry Thoresby, gent., son-in-law of the testator, legatee, one of those appointed by testator to make decisions regarding confusion or scruples over points in the will
  • Anthony Palmer, son of the testator, legatee, one of those appointed by testator to make decisions regarding confusion or scruples over points in the will, witness
  • Mary Palmer, daughter of the testator, legatee
  • Sir Thomas Sondes, brother-in-law of the testator, legatee, executor, one of those appointed by testator to make decisions regarding confusion or scruples over points in the will
  • Michael Sondes, esq., brother-in-law of the testator, legatee, executor, one of those appointed by testator to make decisions regarding confusion or scruples over points in the will
  • Alice Master, relative of the testator, legatee
  • Elizabeth (Palmer) Cheiney, daughter of the testator, legatee
  • Jane (Palmer) Thoresby, daughter of the testator, legatee
  • Mr Guy Bonvill, one of those appointed by testator to make decisions regarding confusion or scruples over points in the will
  • Mr Robert Barkeley, nephew of the testator, one of those appointed by testator to make decisions regarding confusion or scruples over points in the will
  • Thomas Barikar, witness
  • William Clark, witness

Transcription

In the name of god amen The fowrthe daye of Julye 1585 in the xxvith yeare of the reigne of our Soveraigne Ladye Quene Elizabeth I John Palmer of Clerkenwell in the County of Mid[dlese]x Esquire being in healthe and perfect memorye doe ordayne and make this my last will and testament in manner and forme following

First of all I bequeathe my sowle to Almightye god And my bodye to the earthe

Item I will to the poore howseholders of Clerkenwell to be paide them in the Daye of my buriall or within twoe dayes after forty shillinges

I will that my buriall dynner or drinking shall not exceede forty shillinges

Item I bequeathe to either of my sonnes Henry Thoresby gent And to my sonne Anthonye Palmer a black mourning cloke

Item I give and bequeathe to every of my men serv[a]ntes that shall dwell with me at the time of my deathe twenty shillings a peece to be paide them within foure dayes after my deathe beside theire wages

Item I will that if my daughter Marye Palmer shall marrye by and with the free good will and consent of S[i]r Thomas Sandes Knighte Michaell Sandes Esqiuer, her uncles Henry Thoresby gent and Anthonye Palmer her brother before had and obteyned in writing under the handes of them or any of them Then I will and bequeathe to her the som[m]e of six hundreth poundes to be paide her at the Daye of her mariage or within twoe moneths next after her mariage so hadd And if she otherwise marrye if her saide uncles or brothers be then alive That she shall not then have the said six hundred poundes paide her I will and give her yearely toe her maynten[a]nce and bringing upp untill she be maryed tenne poundes quarterly to be paide her by even portions

Item I give and bequeathe to Alice Master my cosen forty shillinges to whome I owe beside foure poundes bothe som[m]es to be paide her within six Dayes after my decease

Item I give and bequeathe all my Landes and hereditaments within the Counties of Kent Midd[lesex] and Yorke[shire] all my yearely rent charges onely excepted unto Anthony Palmer my sonne and to his heires of his bodye to be lawfully begotten And for defaulte of suche yssue to Elizabeth Cheiny Jane Thoresby and Marye Palmer my daughters and to the heires of theire bodyes lawfully begotten and to be begotten And for defaulte of suche yssue to the righte heires of me the saide John Palmer and to theire heires for ever Provided allwayes that if the saide Anthonye Palmer or the saide Elizabeth Jane or Marye or any of theire yssues shall attempte or by any wayes or meanes whatsoever goe about to allyen Discontinue or otherwise to doe or putt awaye his or theire estate or estates in or to the saide landes and hereditaments by this my present last will and testament as is aforesaide intayled or into any parte or parcell thereof whereby the same landes and hereditaments before as is aforesaide intayled or any part thereof shall not goe come discend remaine be or contynne according unto the purporte and true meaning of this my last will and testament Then my will and minde is that imediatlye from suche attempte or going abowte and before any alienac[i]on Discontinuannce or putting awaye of the saide landes and hereditaments or of any parte or parcell thereof to be made donne knowledged or suff[e]red or executed the estate and wholle interest of the saide person or persons as to him, her, or them onely soe attempting or going aboute shalbe had of in and to the said Landes and hereditaments and every part thereof whereof any suche attempte or going about shalbe had made suffered or donne shall cease and be utterly voide And that thereuppon p[ermane]ntely from suche acte attempted or gonne about and before the same shalbe made finished executed or p[er]fected the saide Landes and hereditaments whereof any suche attempte shalbe had made suffered or donne shall goe come remaine and be to him her or them to whome it shoulde come or be if he or she so going about to allyen or discontinewe weare then naturally Deade according to the limitac[i]on of this my last will and testament And that he she or they so attempting or going aboute and all those unto whome any suche alienation discontinuance or putting away shalbe had or made and all others that shalbe then seised of the said landes and hereditaments whereof any suche attempte or going abowte shalbe had made donne or suffered shall stande and be seised or suche parte of the same premisses to the onely use and behoofe of him her or them unto whome the same by limitac[i]on or appointment of this my last will and testament is to come remaine or be next after the naturall decease of him her or them attempte intend or purpose or goe aboute as aforesaide And also forthwith from thensforth he she or they unto whome the saide Landes and hereditaments by this my last will and testament and the true meaning thereof oughte next to remaine come or be shall and maye lawfully enter have holde and enjoye the same according to his her or theire estate or estates to him her or them limitted and appointed in this my last will and testament, any thing in this my present last will and testament before menc[i]oned to the contrary in any wise notwithstanding Provided allwayes that if he she or they that shall so goe abowte to alyen or discontinue all or any parte of the saide Landes and hereditaments as aforesaide have then or after shall have any issue male And for defaulte of suche yssue hathe or shall have yssue female That then the same issues shall have the same Landes and hereditaments before any of them that be appointed to have the same in remainder as is aforesaide Provided also that if any the saide landes and hereditaments so intayled be holden of the Quenes maiestye by any tenure in Capite or by knighte service ^or in socage in cheiff or of anye other person or persons by knights service^ as to my knowledge they are not That then he she or they that shalbe so seised of any the same landes or hereditaments by the meanes of this my Last will or testament shall or maye have aucthoritye to alyen or discontinue the same for so muche money as he she or they can gett for the same any thing herein to the contrary notwithstanding so that he she or they shall then or within twenty Dayes next after with the money thereof so made or rising by reason of the sayde alienac[i]on be imployed uppon a purchase of other ^Lands and hereditaments to be Likewise conveied and assured to all Like interests purposes as the same^ landes and hereditaments so to be aliened weare given and assigned by this my last will and testament Provided also and my Will intent and minde is that it shall and maye be lawfull at all time and times to and for my sonne Anthonye Palmer and for all and every other p[er]son or persons that shall or oughte to have any estate in possession of in or to the saide lands and hereditaments or of in or to any parte or parcel thereof by force and vertue of this my last will and testament without offence to the true intent and meaning of this my last will and testament to make grannte and assure any estate or estates for the ioynture of his or theire wife and wives of the said Landes and hereditaments and of every parte and parcel thereof During the life naturall of the said wife and wives And also to make and grannte estates or Leases for terme of twelves yeares or under of the saide landes and hereditaments and of every parte and parcell thereof when the same be out of Lease or be not then in lease for above one yeare then to come to any person or p[er]sons that list to take the same be out of Lease uppon the said Leases for yeares to those to whome the saide Landes and hereditaments shall discend come or be according to the true meaning of this my last will and testament asmuche yearely rent or more during the said Leases for yeares and every of them as hathe bene paide and borne for the same Landes and hereditaments that shall so happen to be leased or grannted for yeares within the space of three yeares nowe last past any thing in this my last will and testament to the contrary notwithstanding

Item I give and bequeathe to my sonne Anthonye Palmer and to his heires all other my landes tenements and hereditaments within the realme of England that are not within theise p[oi]nts intayled as is aforesaide

Item I ordayne and make Thomas Sondes of Throughly in the County of Kent Knighte the saide Michaell Sondes and mine heire for the time being my executors of this my last will and testament

Item I give the saide Thomas Sondes and Michaell Sondes aucthoritye to receive all the rentes and proffitts of my lands and hereditaments, and to Lease out all my Landes and hereditaments that be or shall come out of Lease for the best rent they can untill the twentith Daye of September 1590 Provided allwayes that it is my purpose and will that the saide Thomas Sondes and Michaell Sondes or any of them shall not have receive or take com[m]oditye proffitt or benefite by theire executorshipp of any my rents issues and proffitts of my lands and hereditaments or of my goodes debtes or chattells to theire owne use but to the use and benefite of my sonne Anthonye yf he shall happen to live untill the twentith Daye September 1590 And if the saide Anthonye happen to Dye before that Daye then to the use and benefite of my three Daughters

Item my Will and intent is that my sonne Anthonye untill the twentith Daye of September 1590 shall not meddle with the receipt of eny the rents of my landes and hereditaments or of any my goodes or chattells until the twentith Daye of September 1590

Item I will that mine heire for the time being in the xxjth Daye of September 1590 shall then call my other executors or any of them or any other shall have in theire custodye or oughte to accompte for

Item touching any scruples or doubtes that shall happen to growe or rise of any purpose or meaning uppon or concerning any wordes clauses or sentences conteyned in this my last will and testament I will the same scruples or doubtes and every of them shalbe expounded construed and made plane by the saide S[i]r Thomas Sondes Michaell Sondes my sonne Henry Thoresby Mr Guy Bonvill of the temple Anthony Palmer and my nephewe Mr Robert Barckley and the said Anthonye Palmer willing theire resoluc[i]on therein or the resoluc[i]on of the more part of them to stande and be in steede of mine owne playne setting Downe thereof in this my last will and testament

Item I will that if ^the saide^ S[i]r Thomas Sondes and Michaell Sondes shall bothe refuse to be my executors or bothe Dye before or after they be once my executors That then I make my heire for the time being from thensforth to be my onely executor

Item I will that my executors within three monethes next after my decease at my nowe dwelling howse in Clerkenwell shall make a perfect true reckoning and Accompte in writing unto the saide Henry Thoresbye to myne heire and to the saide Robert Barkeley and to all and every of theire deputyes of all the rents and proffitts of all my landes and hereditaments and of all my bondes debtes som[m]es of money goodes and chattells that they or any of them hathe or shall receive or have in the meane time in theire handes by reason of my will and testament and of all theire payments and allowannces to be made them touching the execuc[i]on of my last will and testament

Item I will that my executors from time to time During theire executorshipp shall make reckoning and accomptes unto the saide Henry Thoresby; to mine heires for the time being and Robert Barkley and to theire deputies upon theire or any of theire Demanndes and all theire Accomptes shalbe Deluded unto them in writing to kepe to the use of mine heire of the rents and proffitts of all my landes and hereditaments goodes and chattells that they and every of them shall within that yeare or time receive or have as is aforesaide

Item I will that my executors uppon every of theire Accomptes shalbe allowed all suche payments and reasonable allowannces as they shalbe at touching the execuc[i]on of my last will and testament

Item I will that if any my saide executors shall happen to decease before the twentith of September 1590 That then my other executor or executors survivor and the saide S[i]r Thomas Sondes shall take an accompte within tenne dayes after the decease of the saide deade executor of his executors or administrators for and touching all suche rents som[m]es of money goodes and cattells as the saide deceased executor then had or oughte to accompte for at the time of his deathe by reason of my Will and testament And that the saide Henry Thoresby and the rest of my executors shall receive and kepe the same money and thinges that weare in the custodye of the saide deade executor to accomplishe this my last will and testament

Item I will that this my last will and testament shalbe proved and registered in the prerogative Courte of Canterburye or highe courte of Channcerye within twenty dayes next after next after my decease

Item I will and bequeathe to my sonne Anthonye to be paide him yearely the som[m]e of thirty poundes and it to be paide him quarterly by even porc[i]ons untill the twentith Daye of September 1590 for his better maintenance

In Wittnesse whereof I have unto this my last will and testament sette my hande and seale in the p[rese]nce of Anthonye Palmer Thomas Barikar William Clark

Probate abstract

Will proved at London in presence of William Drury, Doctor of Laws, in Prerogative Court of Canterbury on 4th of March 1585, executors Thomas Sondes Knight and Michael Sondes, represented by Francis Clerk, notary public.

Sources

  1. 1.0 1.1 Robert Hovenden, ed., The visitation of Kent : taken in the years 1619-1621 by John Philipot, Rouge Dragon, Marshal and Deputy to William Camden, Clarenceux (London: Harleian Society, 1898), pp. 199-200, https://archive.org/details/visitationofkent00camd/page/198/mode/2up (accessed 9 Jan 2024)
  2. Marriage: "Kent Marriages And Banns", Archive: Canterbury Cathedral Archives, FindMyPast Transcription (subscription required, accessed 9 January 2024), Pauline Sondes marriage to John Palmer on 9 Jul 1560 in Throwley, St Michael & All Angels, Kent, England.
  3. 3.0 3.1 The National Archives. Reference: PROB 11/69/135; Decription: Will of John Palmer of Clerkenwell, Middlesex; Date: 04 March 1586. https://discovery.nationalarchives.gov.uk/details/r/D922215 (accessed 9 Jan 2024)

Acknowledgements

Transcription completed by Oscar Evans on the 11th of January 2024. Thank you to Gill and Corinne for assistance with the transcription.





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