STANDISH OF DUXBURY

6. BIOGRAPHIES

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

Helen Moorwood 2013

6.3. (15) CR 1661/2 Codicil & Deaths

As already indicated in the list of events given in 6.3. (10), 1662 was the annus horribilis for Colonel Richard. In January they lost a baby not yet old enough to be given a name and baptised before burial, and eight weeks later his wife Elizabeth died, buried on 6 March. One can only presume that the two deaths were not unconnected, although the death of Richard himself just eight days later (burial on 14 March) might imply a sickness that had befallen the whole family. In the middle of these eight days, Richard summoned up his strength on the 10 March to write a Codicil to his Will of 1657. This was necessary not least because his wife Elizabeth had been his sole executrix. In the middle of his grief he was obviously completely compos mentis, and some of the details included were invaluable in reconstructing parts of his biography. This is particularly true of naming his wife’s sisters and husbands and appointing “my true and loving friend Alexander Standish of Leverpoole in the said County of Lancaster Gent” as one of the overseers. His biography his given in 6.4. Alexander[11A4].

And so Colonel Richard bade farewell to the world, as we bid farewell to him. One presumes he was sorely missed and mourned by all named. Brief biographies of some of them are given in 6.3. (16) CR Friends.

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Codicil, 1661/2

Transcription from large copy DP397/19/2; continues on immediately after/ below the 1657 Will. It also follows on immediately at the end of the Borthwick and John Rylands copies of the 1657 Will. 10 March 1661 was, of course, 1662 in the Gregorian calendar.

And my Will is that this Codicillbe annexed unto my will heretofore made and published dated the 29th day of September Anno Dom. 1657 and contained in four sheets of paper under my hand and seal, as part of my said will this tenth day of March in the year of our Lord One thousand six hundred sixty and one.

First whereas in and by my said will my dearly beloved wife Elizabeth Standish was constituted and appointed my Executrix;

And that the said Elizabeth is since deceased, I do hereby make constitute and appoint in her stead Frances the wife of Lawrence Parsons of Newton hall in the County of York Esqr, Margaret the wife of Thomas Braithwaite of Ambleside in the County of Westmorland Esqr, Sisters of the said Elizabeth, and Henry Welsh of Chorley in the County of Lancaster Clerke to be Executors of this my whole last will and testament,

And my will and mind is that Richard Legh Esqr Roger Bradshay Esqr now Sr Roger Bradshay Knight, Lawrence Rausthorne and Henry Porter Esquires named trustees by one indenture tripartite made betwixt me the said Richard Standish and the said Elizabeth Standish of the first part Edward May Alexander Standish and John Farnworth Gentlemen of the second part, And the said Richard Legh Roger Bradshay & Lawrence Rawsthorne and Henry Porter Esquire of the third part, bearing date the 24th day of June Anno domini 1657 do permit and suffer the said Executors to receive (. . . . . ) and take the rent issues and profit of all and singular the Manors lands tenements and hereditaments mentioned in the said Indenture (. . . . . ), for and during so long time and until my youngest Child which shall be living after my decease might accomplish the age of one and twenty years, to the end that two hundred pounds thereof yearly shall be paid out and disposed for and towards the maintenance & duration of my eight children begotten on the said Elizabeth and now living, according to the discretion of my said Executors having respect first to my oldest son and then to the rest according to their seniorities, and also to the contingency of death happening to any of my said children.

In which case so much of the said two hundred pounds (. . . . ) as shall proportionably happen to be spared by such respective death or deaths shall go towards increase of maintenance to my eldest son and the payment of the several portions when the same shall become payable at their several ages of one and twenty years for younger sons and eighteen years for daughters, as in my annexed will is expressed according to the discretion of my said Executors and overseers of this my will hereafter named,

And the Remainder of the said several portions respectively to my said younger children as in the annexed will is set down,

And if the same by the best improvement will be found short or insufficient to discharge and pay all the several portions within the time before limited? of my youngest child attaining the age of one and twenty years, then my will is that my said Trustees and Executors and the longer lived or livers of them, their Executors and Assigns, shall receive (. . . . . .) and take the rents issues and profit of the premises, for and during so long time and until my said younger children shall fully have and (receive?) or might have and receive their said several portions respectively,

and if my said trustees and Executors and the longer liver or livers of them their Executors or assigns, shall in their discretion find it meet to advance any sum of money towards the preferment Apprenticeship or advantage of my said younger children or any of them my will is they shall have power for to do, accounting the same similarly and respectively as part of the aforesaid portions, and paying the remainder at the ages before mentioned respectively,

Andmy will and meaning is, that if any of my said children happen hereafter to die before their said portions shall become respectively due and payable to them, and have not retained the same nor any part thereof, the portions of such child or children so dying, shall go to my heirs male or such person or persons to whom the freehold and inheritance shall come and (apsteine/appreyne??), And not to the rest of my said younger children,

And lastlyI do give and bequeath unto my said Executors Frances Parsons, Margaret Braithwaite, and Henry Welsh, and their heirs, All my lands tenements and hereditaments of and in Chorley, Knowley, Kindsleys tenement and Heath Charnock, which I have purchased from the several persons in my said will specified, And all other my purchased lands whatsoever with the appurtenances, And likewise all my personal estates, for and towards the payment of all and singular my debts and legacies,

Andafter my Debts and legacies paid, my will is that the remainder of all and singular the said purchased lands with the appurtenances, and of my personal estate, shall be ordered and disposed by my said Executors towards the payment of my said younger childrens portions, And afterwards shall go to my right heirs.

My willfurther being that my said executors shall be Discharged and allowed all such necessary expenses as shall from time to time be by them reasonably expended in and surrounding the execution of this my will, out of the profit of the premises without further (Accompt) or molestation for the same or the execution of the persons herein to them committed, to be taken or required by my “heire intaile” or other person that shall come to the possession and enjoyment of the inheritance or freehold of the premises and the reversion thereof, after the aforesaid Charges and portions shall be discharged,

AndI do desire my true and loving friend Alexander Standish of “Leverpoole” in the said County of Lancaster Gent, and the said Lawrence Parsons and Thomas Braithwaite, to be overseers of this my last will and testament.

And I do appoint my said executors to give unto every of them a ring worth twenty shillings for a remembrance of me, in seeing this my will to be duly and fully performed. 

In witnesswhereof I have hereunto sett my hand and seal the tenth day of March in the year of our Lord one thousand six hundred sixty and one above written. Richard Standish.

Sealed signed published and declared by the said Richard Standish that this is his last will and Testament in the presence of us

                   Ellis Heye        Mary Shuttleworth

                   Roger Gregson his Marke

Rachaell Heye                   Penelope

Lightfoot    Dorothy Standish

Sara Welch

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N.B. In Copy 2, the very large copy (DP397/19/2) in the Standish of Duxbury Muniments, the witnesses’ names are written out in continuous form. In Copy 3, the Borthwick copy, and Copy 4, the John Rylands copy, they are written as above, the implication being that these might well both have been direct copies of the original Codicil MS (which has disappeared), or that Copy 4 was a direct copy of Copy 3. The John Rylands copy finishes with the Note as already given in 6.3. (13) CR 1657 Last Will & Testament):

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

The fact that it ended up in the John Rylands Library (opened 1900) and that Mr Askwith, Notary Public, seems to have written it at Lyme in 1813, leads to the suspicion that this was preserved amongst the Legh of Lyme Papers at Lyme Hall, which all found the same repository.

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