1695 - Thomas DOCWRA, maltster of Ware, Herts.

Will was written on 1 May 1694
Will was proved on 8 February 1695

In the name of God Amen. The first day of May in the yeare of our Lord God 1694: I Thomas Docwra of Ware in the County of Hertford Malster being infirme in body but of sound knowledge understanding and memory (praised be God for it) doe make this my last Will and Testament as followeth

ffirst I give and bequeath to my eldest sonn John Docwra and to his Heyres for ever All that my Messuage or Tenement wherein I live being at Ware aforesaid with all the appurtenances to it and ten acres by estima[ti]on of arrable land in Brickhill feild in the parish of Ware aforesaid alsoe one acre by estima[ti]on of Meadow ground lying in Crane mead alsoe my moyety or halfe parte of the house wherein Isaac Hockley dwells with the appurtenances which I and William Harwood purchased together alsoe one acre of land lying in Amwell feild near Amwell hill together with two Cow Leazes or Cow Commonings in Amwell Marsh al[ia]s Wettenhoe Marsh belonging to the House wherein the said Isaac Hockley dwells alsoe one Cottage with the appurtenances in the parish of Amwell in the possesion of Joseph Gray I alsoe give to my said sonn John the use and proffitt of the five new Maltshopps which I lately built being in the Yard belonging to the Crowne Inn in Ware aforesaid untill my youngest sonn Thomas Docwra attaines to the age of one and twenty yeares

Item I give to Joseph Docwra my second sonn and to his heyres for ever All that my Messuage or Malting with the appurtenances in little Amwell neare Wardbridge in the possessions of William Wilson John Parrott and John Stoat with six Cow Leazes to the same belonging in greate Amwell and two peices of Meadow ground called Ladymeads which I lately purchased of Peter William March with the barne and stable there unto belonging together with the Toft or Soyle of the ruinated Messuage or Tenement which was heretofore standing thereon with their appurtenances

Item I give to Thomas Docwra my youngest son and to his heyres for ever my Messuage or Inn called the Crowne in Ware aforesaid withall the appurten[anc]es except the use of the Maltshopps given as aforesaid to my said sonn John untill my sonn Thomas comes to age as aforesaid alsoe I give him three acres of Meadow by estima[ti]on belonging to my said Inn lying in Broadmead also the Copyhold meadow which I bought of Thomas Johnsenn called Millmead which said severall estates given as aforesaid to my said severall sonns I give unto them nevertheless upon these respective condi[ti]ons

that my sonn John shall yearly and every yeare dureing the life of Mary my wife pay unto her out of the estate given to him one Annuity or yearly rent of ffourteene pounds of lawfull money by four-quarterly paym[ent] to be devided also that my sonn Joseph shal yearly as aforesaid pay unto my said wife out of the estate given to him as aforesaid one Annuity or yearly rent likewise of ffourteene pounds of like money by the like payments and also that my sonn Thomas shall yearly as aforesaid pay unto my said wife out of the estate given to him as aforesaid one Annuity or yearly rent of Seaventeene pounds of like money by the like payments

the first payment thereof to begin and to be paid at the first quarter day which shall first happen next after my decease with power of distress upon the said estates chargeable as aforesaid with the said respective rents in case default of payment shall at any time or times happen when the same ought to be paid or liberty to enter upon the said respective estates chargeable as aforesaid upon default of payment after one and twenty dayes next after such quarter day or dayes of payment as aforesaid and to receive the rents and proffitts of the said respective estates chargeable and in default as aforesaid untill such payment together withall reasonable costs and charges concerning the same

and the said quarter dayes are to be Christmas day Lady day Midsomer day and Michaelmas day and I give to my said wife the said Annuities or rent charges in full recompence and satisfaction of her Dower or Thirds demandable out of my ffreehold estate and discharge of her ffreebench demandable of and in my Copyhold estate holden of the Mannor of Ware extra and infra or either of them

Item I give to my two daughters Mary and Sarah six hundred pounds apart to be paid by my Executor herein after named at their respective ages of one and twenty or dayes of marriage which shall first happen and for nonepayment that they or either of them not being paid shall and may enter into all or any of the lands and tenements given to my said sonn John as aforesaid and take the rents and proffitts thereof untill payment with all interest costs and charges concerning the same

and if either of my said daughters shall happen to dye before such times of payment as aforesaid that then the halfe of the said six hundred pounds of her soe dyeing shall be paid to the Survivor of my said daughters and the other halfe to and among my said three sonns and if both of them shall happen to dye before such tymes of payment that then the said twelve hundred pounds shall be equally diveded among my said sonns surviving

and my will is further that my said daughters shall have the interest of their port[i]ons or moneys bequeathed unto them as aforesaid for their maintenances and bringing up after the rate of five pounds per Centum and I desire my loving brother in Lawe William Turner of Hitching together with my loving wife soe long as she keeps herselfe single Henry Stout of Hertford and Thomas ffish to be Guardians and Trustees of and for my said sonns and daughters untill my said sonns shall come to their respective ages of one and twenty and my daughters the like age or dayes of marriage which shall first happen and I desire that they will all of my said sonns, and daughters especially, take the advice and consent of my wife and friends and Trustees before mentioned in the disposall of themselves in marriage and not to marry without their consents and approba[ti]on

Item I give to my said three sonns the two hundred pounds which I have put into the hands of the Pensilvania Company to be equally divided amongst them and if any of them shall happen to dye before they shall attaine to their respective ages of one and twenty the parte or share of him or them soe dyeing to goe to the Survivors or Survivor of my said sonns

Item I give to my wife for her life the interest and proffitt of the sum[m]e of seaven hundred pounds provided she keepes herselfe single soe long but if shee shall marry againe and take another husband then I give her the sum[m]e of two hundred pounds for her owne use and benefitt instead of the said interest money and such interest to cease as to her

yet nevertheless my will is further as to the remaining five hundred pounds that the same shall be disposed of to and among my children according as my said wife shall desire and direct and I desire that the said moneys may be putt out to interest according to the best Judgements of my said Trustees either in my son John his name or otherwise as they shall be advised and my daughters moneys in their respective names or in his name or otherwise as they shall be likewise advised and my said Trustees shall run noe hazard or loss conccerning the same in case any of it shall miscarry in the putting of it out at interest as aforesaid

Item I give to my wife the use of all my household goods or householdstuffe soe long as she keepes herselfe single and if shee dyes single then that shee shall have liberty to dispose of them as shee pleases but if shee shall happen to marry againe then I give her only a third part thereof and the other two parts I give to my two daughters equally between them

Item I give to my neece Anne Atkyns soe much money as shall make up the legacy my ffather gave her and is in my hands ffive and twenty pounds and to her sister ffrances Atkyns so much money also as shall make up her legacy and is also in my hands five and twenty pounds

All the rest and residue of my personall estate not herein disposed of I give to my said sonn John hee paying to his brother Joseph the Sum[m]e of three hundred pounds att his age of one and twenty and I make my sonn John sole Executor of this my will hee paying all such just debts as I shall owe at my decease, defraying my funerall charges and paying all the legacies herein bequeathed as herein is appointed and performing all other things necessary to be performed touching the execu[ti]on of this my will

and I desire my said brother Turner Henry Stout and Thomas ffish dureing the minority of my said sonn John to act performe and manage with the assistance of my said wife soe long as shee continues single all the concernes incumbent on my said sonn John as Executor to be performed relating to the execu[ti]on of this my will and concerning my personall estate in getting in my debts, putting out of moneys bringing up of my children and receiving and paying what moneys are to be received and payd and looking after the repaires of my houses (they being allowed all just charges and exponces concerning the same out of the rents thereof)

and in case it shall please God to take any of my said Trustees out of this world before my said children are brought up and have received their estates portions and legacies herein given them into their respective hands then I intreate my freind ffrancis Pryor of Ware the elder to supply the place of such Trustee that shall soe dye and to joyne with the others in performance of this my will hereby giveing him the same power as the former have by this my will and when any other of my said Trustees shall likewise happen to dye then I desire my friend John Burr of Amwell to doe the like and I hereby give him the like authority as the former to act and doe all things requisite for him to doe with the rest of my said Trustees in the performance of this my will and I desire my friend John Chauncy to give my said trustees his advice as there shall be occasion for the better management of the concerns of this my will:

my will is further that if any of my sonns shall dye before they attaine to their respective ages aforesaid that the estate of him or them soe dyeing shall come to and be devided as followeth (that is to say) if my eldest sonn shall soe doe dye then the ffreehold estate given to him to goe to and among all the rest of my children equally to be devided share and share alike and to their respective Heyres and if either of my younger sonns shall dye as aforesaid before they shall attaine to their said respective ages that then his estate the one halfe to goe to my eldest sonn and his heyres of the ffreehold and all the Copyhold and the other halfe of the ffreehold to goe and be devided amongst the rest of my children surviving and their respective Heyres equally to devided share and share alike:

and whereas I have by this my will given to my wife the interest of seaven hundred pounds soe long as shee keeps herselfe single my will is farther that if shee continues the remainder of her life single that shee shall have at her death the disposall of the said seaven hundred pounds to give away and dispose of as shee thinke fitt amongst my children

And whereas I have contracted with my brother ffrancis Docwra to sell and convey my estate both ffreehold and Coppyhold at Bassingburne in Cambridgeshire to him and his heyres for the sum[m]e of five hundred pounds and whereas the Conveyances thereof are not yet passed nor any of the moneys paid for the same my will is therefore and I doe hereby give to my said brother ffrancis Docwra and to his heyres for ever all and siguler my said estate lands and tenements whatsoever at Bassingborn aforesaid hee or they paying to my said Executor or the Guardians and Trustees herein before named for his use the said five hundred pounds and I desire my wife to release an surrender all her right and estate in the Coppyhold (the same haveing been formerly settled on her for her life) as shee hath agreed and promised to doe

And I give to my said brother Turner Henry Stout and Thomas ffish three guineas apeire as a small gratuity for the trouble I give them and to ffrancis Pryor and John Bur the like gratuity in case they shall come to have any trouble herein thus revoking all former Wills by me heretofore made I publish and declare this to by my last Will and Testament contained in the five sheets of paper here affixed together In Witness whereof I have hereunto sett my hand and seale the day and yeare first before written. Tho: Docwra.

My will is further that if my elder daughter shall not be paid the portion of six hundred pounds given to her and for that cause shall enter on my sonn John his estate and if it shall alsoe happen that my younger daughter shall alsoe be unpaid and have the like cause to enter on the said estate my will is therefore that in this case my younger daughter shall receive the equall proffitts with the elder of the said estate untill she be paid the portion due to her and if my moneys shall fall short by loss of debts or otherwise and not be sufficient to answer all the legacies aforesaid that then there shall be a proportionable abacement of the said legacies equally and like. Tho: Docwra. Signed & sealed published and declared by the said Thomas Docwra to be his last Will and Testament in the presence of us whose names are subscribed in the presence of the said Thomas Docwra Jo: Chauncy Henry Peach, --- William Birchett his marke.

Octavio die mensis ffebruarij Anno Do[min]i Stylo Angli? Mill[es]imo Sexce[gesi]mo Nonage[si]mo Quarto Emanavit Com. Thom? Cranfeild de Oppido et Com. Hertfordi? Malster Ad Administrandum bona jura et credita Supra mentionati Thom? Docwra nup. de Ware in Com. Her[t]ford. def[unc]ti. hentie. pr. juxta tenorem et effcum. Testam[en]ti ipsius def[unc]ti in udum et beneficium Jo[han]nis Docwra filij naturalis et l[egit]imi et unici Executoris in dicto Test[ament]o nominati ___ quod dictus Executor oneri execucenis. dci. Test[ament]i expresse renunciavit pront ex. art[?] Curia plenius lignet et apparet De bene et fideli[ter] Adm[ini]strando ead[em] Ad S[an]cta dei Evangelia Jurar. Ex.

PRO, catalogue reference: PCC Prob/11/424, will of Thomas Docwra, maltster of Ware, Hertfordshire, (proved) 8 February 1695 (dated 1 May 1694).

Transcription by Odd Ottesen, Kristiansand, Norway, 11 June 2003. (The Latin part of the text is on several points uncertain.)