STANDISH OF DUXBURY

6. BIOGRAPHIES

6.3. Colonel Richard [11B1] (c.1597-1662)

Helen Moorwood 2013

6.3. (13) CR 1657 Last Will & Testament

  4 surviving MS copies

Copy 1.The transcription below comes from the original MS of the original Will in the Standish of Duxbury Muniments DP397/19/2a (4 pages c. A4 size), each page signed bottom right by Richard Standish and signed at the end by four witnesses. This includes a couple of almost illegible lines, several crossings out and several insertions between lines. The four pages of this original are referred to (literally, as “the four pages”) in the 1661/2 Codicil.

The following three copies were all checked against Copy 1.

Copy 2. Also in the Standish of Duxbury Muniments MS DP397/19/2, Probate Copy, a very large MS document (facsimile photograph 73 cm x 60 cm), with legible versions from here incorporated into the transcription below to replace the problems mentioned above in Copy 1. This MS also includes the Codicil 1661/2. No original or separate copy of the Codicil has survived.

Copy 3.Borthwick Institute, York. Richard STANDISH, Duxberry, July 1663, V45f562.

A copy of the 1557 will and 1661/2 codicil immediately consecutive, in largish handwriting on A4 paper, 14 pages. This copy was made in the middle of a series of copies of wills, followed by the 1662 will of John Richardson. The first page is thus only the bottom part of one page and the fourteenth the top half of the page. The date of this copy is not known. 

Probate was conducted by the Prerogative Court of York, but the original copy has not survived. A query to the Borthwick as to why this might have been conducted at York and not, as more usual at the time for Lancashire Wills, at the Consistory Court in Chester, received the answer that “he must have been considered an important person”. This is presumably the copy seen and referred to by Farrer, Victoria County History:

His [Richard’s] will, made in 1657 (codicil 1662) and proved at York, recites the settlement of Duxbury and his other manors in favour of his eldest son Richard, &c. The fine of 1655 probably relates to this settlement; Pal. of Lanc. Feet of F. bdle. 155, m. 165.

(Farrer, VCH, vol. 6, p. 210, note 9.)

Copy 4.John Rylands Library, Manchester, ref. MS Ryl Ch 4644 Probate copy of Will of Richard Standish, proved at York, 13 Jul. 1663. This is a copy of the 1657 Will and 1661/2 Codicil, copied again in 1813. This date is significant in the history of the succession of Duxbury Hall and dependent estates after the death of Sir Frank Standish in 1812. It proved to be one major piece of evidence in all the claims to, and Sieges of Duxbury Hall, starting in 1812.

The 1557 Will and 1661/2 Codicil are immediately consecutive as one entity. Medium to large sized paper, seven pages. This is obviously a later copy, made very clear by the following note at the end, on 9 October 1813.

Notes at the end:

Proved 13th July                                                              This copy agrees with a

1663 in Book 45                                                            copy of the Will & Codicil

page 562                                                                          of the said Richard Standish

                                                                                           Esquire deceased now

48 shoß                                                                            remaining in the Registry of the

                                                                           Prerogative Court of York having been

                                                                           duly compared and en. . . .

                                                                           therewith

                                                                                           Lyme                     Mr Askwith

                                                                                                                          Notary Public

                                                                           Signed                                   9th Oct. 1813

In all versions all lines are continuous, i.e. no paragraphs. The words in bold at the beginning of lines are from the large Copy 2 DP397/19/2 (where they appear large and in bold), and many ‘Ands’ below are allowed to start on a new line (the sole aim being clarity). Spellings are, on the whole, (minimally) modernised (e.g. heyres = heirs; deare = dear; sonne = son; porçon, porcion, prcn = portion; nott, yett, sett = not, yet, set; ; boddie/ boddy = body; iffue/ yffue = issue). All names are also given in bold, purely for the sake of clarity.

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1657 Last Will & Testament – full text

(Page 1, original MS DP397/19/2a in Standish of Duxbury Muniments)

In the Name of God Amen: The nine and twentieth day of September in the year of our Lord God one Thousand six hundred fifty and seven,

I Richard Standish of Duxbury in the County of Lancaster Esquire being whole and sound of body and in good and perfect remembrance (praised be Almighty God for the same) yet calling to remembrance and well considering the frailty and uncertainty of man’s life,

And having six small children whom God hath blessed me withall, for whom in conscience I am bound to provide according to their degrees and callings,

And according to the means and estate which the Lord hath given me,

And to the intent that all my lands tenements and hereditaments may be settled in my issue,

And convenient portions raised for the advancement and preferment of my younger children,

And such other uses as I shall by this my last will and testament limit and appoint

Do make this my last will and testament in manner and form following:

And first and principally I commend my soul into the hands of Almighty God my Creator and Redeemer and Sanctifier, trusting and steadfastly believing to be saved by the death merits and passion of Jesus Christ my Alone mediator and redeemer,

And I bequeath my body to be buried above the steps on the south side of the Chancel in Chorley Church,

And for the settling establishing and disposing of all my temporal estate in lands and goods, which God of his abundant goodness hath blessed me withall here in this life,

And that my wife and children may enioy the same after my death in peace and tranquility,

And first as concerning my lands.

Whereasby one deed of feoffment bearing date the twenty fourth day of June last past before the date hereof, I have conveyed my Manors and Lordships of Duxbury, Heapey, Whittle in le Woods, Heathcharnock, Anlezarch and Chorley,

And all that my Capital Messuage and tenement called Bradley Hall lying in Standish Langtree and Worthington, unto Richard Legh of Lyme in the County of Cheshire Esquire, Roger Bradshaig of the Haigh, Lawrance Rostorne of the new hall, and Henry Porter of Lancaster in the County of Lancashire Esquires, and their heirs,

To the use and behoofe of such person and persons and for such estate and estates

And to such uses limitations and purposes as I should limit and appoint either by deed or by my last will and testament.

Nowmy will and my mind is that I do by this my last will and testament, Declare limit and appoint, that the said estate shall be,

And that they the said Richard Legh, Roger Bradshagh, Lawrance Rostorne and Henry Porter and their heirs and the survivor and survivors of them And his and their heirs, shall stand and be seased of and in all the said Manors Lordships lands and hereditaments in the said writed deed of feoffment contained, to the uses intents limitations and purposes herein hereafter mentioned and expressed, And to no other use intent and purpose whatsoever.

And I do hereby will and bequeathall my Manors Messuages lands tenements and hereditaments thereunto belonging, to such person and persons in manner and form following,

That is to say, All my lands tenements and hereditaments lying in Standish Langtree and

Worthington and all my lands in Chorley (Excepting one parcel of land called Knowhey which I purchased of James Anderton of Clayton Esquire and also except one other parcel of land called Kindsleys tenement which I purchased of Mr Gillibrand Mr Bimpson/Burnisson (? left blank in large copy DP397/19/2; a Mr Bimson appears in another document 2N7. 1655/6) and Thomas Kindsley,

And also one other piece of land lying in Heath Charnock being the half of the township of Charnocke, which I purchased of Robert Charnock Esquire to and to the use of Richard Standish my son and heir apparent and to the heirs males of his body lawfully begotten and to be begotten, charged and chargeable with such to such person and persons in manner and form following (that is to say,)

All my Manors and Lordships of Duxbury, Heapey, Whittle in le Woods, Heath Charnock and Anlezarkh, and all that Capital Messuage called Bradley Hall and all my lands tenements and hereditaments thereunto belonging,

(Page 2, original MS)

Annuities rent charges joyntures portions as is hereafter expressed,

And for default of such issue then to Peter Standish my second son and the heirs males of

his body lawfully begotten and to be begotten, charged and chargeable as aforesaid,

And for default of such issue then to Alexander Standish my third son and

the heirs males of his body lawfully begotten and to be begotten charged and chargeable

as aforesaid,

And for default of issue then to Raphe Standish my fourth son and the heirs males of his body lawfully begotten and to be begotten, charged and chargeable as aforesaid,

And for default of such issue then to John Standish my fifth son and the heirs males of his body lawfully begotten and to be begotten charged as aforesaid,

And for default of such heirs of my body lawfully, charged and chargeable as aforesaid and for default of such issue then to the heirs males of my Body lawfully issuing charged as aforesaid,

And in default of such issue then to Raph Standish my brother and his heirs males of his body lawfully begotten and to be begotten charged and chargeable as aforesaid,

And in default of such issue then to Gilbert Standish my second brother and the heirs males of his body lawfully begotten and to be begotten, charged and chargeable as aforesaid,

And for default of such issue then to Henry Standish my third brother and the heirs males of his body lawfully begotten or to be begotten charged and chargeable as aforesaid,

And for default of such issue then to the use of my right heirs forever.

Andmy will and mind is, And I doe by this my last will and testament ratify and confirm to every person and persons to whom I have in writing made or shall make any lease or leases (whether the same be in possession or reversion) of any my messuages lands or hereditaments, their estates granted severally unto them thereby, for and during the term and according to the purport of the said leases respectively.

Andmy will and mind is further, and do by this by last Will and Testament give and bequeath unto every one of my younger sons which shall be living at my decease five hundred pounds apiece,

And to every one of my daughters which shall be living at my decease one thousand pounds apiece to be issuing and arising out of my Capital messuage and tenement called Bradley Hall, and out of all my lands tenements and hereditaments in Standish Langtree and Worthington, and out of all my lands in Heath Charnock (Except such lands as I have purchased of Mr Robert Charnock) the five hundred pounds apiece to be paid to him that shall come first to one and twenty years of age and so consequently to every one when they shall come to one and twenty years of age,

And the Thousand pounds a piece to be paid unto my daughters when they shall come to be of eighteen years of Age,

Andmy will and mind further is, that according to a deed bearing date the twenty fourth day of June in the year 1657 in which deed there is settled for my dear and loving wife Elizabeth Standish two hundred and fifty pounds a year for her jointure for her life, issuing and Arising out of

Duxburie and Heapey, that the same may be fully performed and paid according to the times and days as therein set down.

Andmy will and mind further is, that all lands which I have purchased in Chorley and Charnock (Except the tenement which I have leased unto John Wilding) shall go towards the payment of my debts,

Andafter my debts are paid and discharged, my will and mind is that the aforesaid lands which I have purchased in Chorley and Charnock shall be to the use of my dear and loving wife Elizabeth Standish for her life, in part of satisfaction of the two hundred and fifty pounds a yeare which is set out for her jointure. And that she shall be content to abate (?) so much of her jointure as she doth really make of these lands and rents,

And after her decease I do give and bequeath the aforesaid lands which I have purchased in Chorley and Charnock unto Richard Standish my son and heir apparent, and to the heirs males of his body lawfully begotten and to be begotten, charged and chargeable as is hereafter expressed.

And for want of such issue to Peter Standish my

(Page 3, original MS)

second sonand to the heirs males of his body lawfully begotten and to be begotten charged and chargeable as aforesaid,

And for want of such issue to Alexander Standish my third son and the heirs males of his body charged and chargeable as aforesaid,

And for want of such issue to Raph Standish my fourth son and the heirs males of his body lawfully begotten and to be begotten charged and chargeable as aforesaid,

And for want of such issue to John Standish my fifth son and the heirs males of his body lawfully begotten and to be begotten, charged and chargeable as aforesaid,

And for want of such issue to the heirs males of my body,

And for want of such issue then to the right heirs forever.

Andmy will and mind further is that when my heir shall have these lands in his possession, he shall pay unto every one of his younger brothers which shall be living at that time one hundred pounds

apiece,

And to every one of his sisters which shall be living at that time one hundred pounds apiece,

And if but one sister living at that time, then he shall pay unto her two hundred pounds,

And these sums are to be payed within five years next after he shall have possession of these lands; And my will and mind further is, that after the decease of my dear and loving wife, that all those lands of Duxbury and Heapey which are charged with her jointure,

And all those lands in Chorley and Charnock which I have purchased shall be charged & chargeable (after my wife’s decease) with the younger childrens portions which are unpaid and not provided for, According as is set down in the deed of feoffment,

Andmy will and mind further is, that whereas there was left by the last will and testament of Mrs Ann Legh my mother in law, bearing date the ninth day of July 1655, six hundred pounds after the expiration of ten years, amongst my younger children or to some one of them, as should

be thought fit,

Now my desire is that the said six hundred pounds may be equally divided amongst my younger children which shall be living at that time, in part of their portions,

Andmy will and my mind further is and I do by this my last will and testament give and bequeath unto my dear and loving wife Elizabeth Standish

whomI doe hereby nominate and appoint to be my sole executrix of this my last will and testament, all the personal estate which I have in this world, to be disposed of as is hereafter set down.

And first my will and mind is that my burial expenses shall be taken and allowed forth of my personal estate, and the remainder of my personal estate to go for and towards the payment of my debts, which debts are in a schedule hereunto Annexed, And if there plainly appear any other debt

which is not set down in that schedule, my desire is that the same may be satisfied and

paid,

And if any of my personal estate be left after the satisfying and discharging of my debts, my desire is that the same may be equally divided betwixt my wife and the younger children.

AndI do further give and bequeath unto Elizabeth Standish my dear and loving wife, that house which I am now about to build in Chorley for her life,

And after her decease, then I give and bequeath the aforesaid house unto the heirs males of my body, and for want of such issue then to the right heirs forever.

And I do not doubt but those whom I have nominated to be feoffees in trust for the use and good of my children will undertake the execution thereof and perform the same, According to the trust I do hereby repose in them, Not only in the raising of the said portions for my younger children, but also in seeing them religiously and carefully brought up in the fear of god,

And my desire is And I do by this my last will and testament heartily wish, that if Any questions doubts or any Ambiguities shall grow arise or be between my said heirs and my said Executrix or between my said Executrix and the younger children, or Any other concerning any matter and thing

in this my last will and testament contained, That they will refer the same to be ordered

and ended by the aforesaid feoffees or some of them, whom I do hereby intreat that they

(Page 4, original MS)

will end and order all controversies and contentions (if any be) according as I have herein before expressed and set down, And not to suffer any suits or contentions to be among my said children and my said Executrix, which if my Executrix and my Children do strive to prevent and avoid,  God no doubt will not only bless their estates and labours, But will give them much more of his blessings with it, which God of his mercy grant, To whom  be all praise and glory from henceforth forever and ever Amen.

In witnesshereof I have to this my last will and testament set my hand and seal and published the same the day and year first Above written.

(Signature) Ri: Standish

Sealed and signed in the

presence of

Thurstan Winstanley

Roger R Gregson

     his Marke

John Clayton

Henry Houghton

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Anyone can read into or out of this whatever they wish, but the main impression left must be the overwhelming detail in which he goes into every eventuality to ensure that all will stay within the family. It is not surprising that this was copied in 1813 as one of the major attempts to establish who might possibly have any claim

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