23 January 1608 Will of George Upton of Wells, Somerset, esquire (proved 23 February 1608)

If you came to this page directly, then you might want to know that I have additional family history information on my website.

In the name of god Amen
The three and Twentith day of January in the yeare of our Lord God One
Thowsand six hundred and eight  I George Upton of Wells in the Countie of 
Somerset Esquior being sick in body but of perfect mynde and memory Thankes be 
gyven to Almighty God And being assured that to all men death is certayne and yet 
the hower of death most uncertayne doe make and ordayne this my last will and 
Testament in writing Aswell concerning the disposition of all my Mannors lands Tenemts 
and hereditaments whatsoever as also of all my goodes Jewells plate and Chattells whatsoevr
in manner and forme following that is to say  Fyrst I doe by these presents abrogate revoke 
and make frustrate all former Testaments wills Legacies bequests Executors and overseers 
by me in any wise made named bequeathed or otherwise any wayes to be supposed to have 
bene made or nominated before the date hereof And most ioyfully in my assured and stedfast 
fayth of the infinite goodnes and mercy of god my Creator committ and yeelde up my Soule
into his alone hands and power whom I most humbly and hartely beseech and beg to vouchsafe 
to accept and receive the sme And to pardon remitt and freely forgyve me all my synnes 
ether private or publique not for my meritts or goodnes of my owne but by and for the alone 
										passion death


passion death and only meritts of our Lord and only Savior Jesus Christe who of his unspeakeable
mercy and free love hath redemed me from death hell and damnation And testifyeth most 
assuredly to my Conscience That at the very instant of this dissolution of my Soule and
body I shall by that his most bountifull most free and infynite goodnes and mercy be received 
into Paradice into his glory And as concerning my body with a good will and free harte I 
geve it over commending it to the earth wherof it came being assured that at the greate 
day of the generall Resurrection when we shall appeare before the Judgement seate of 
Christe I shall receive the same agayne uncorruptible immortall and perfect by the mighty
power of god And I will that it be buryed in the Cathedrall Church at Wells aforesayd
or yf it fortune that I die not neer Wells aforesayd Then to be buryed where my
Executor and Supervisors of this my last will shall thinke convenyent And I give to 
the poore aged and impotent people about the sayd Cathedrall Church and especially
and namely of Estwells and Torrlane fyve pounds   to be payd and distr-
buted amongst them the day of my Buryall yf it happen that I shalbe buryed in
the aforesayd Cathedrall Church or ells very shortly after my buryall where otherwise 
it shalbe at their severall dwellings And I give to the poore aged and impotent people 
of the Towne of Wells aforesayd belonging to the parish of St Cutberts there the
somme of fower pounds And unto the fower and Twenty poore people of the Almeshouse 
in Wells aforesayd To ech of them Two shillings Six pence a peece which sommes
of fower pounds and the sayd Two shillings six pence a peece I will that Edward
Bysse theldest Sonne of Edward Bysse my Brother in lawe or my sayd brother 
which sayd Edward Bysse the sonne I ordayne and constitute to be my sole and
only Executor of this my last will and Testament shall pay to the Manor of Wells
aforesayd for the tyme being And to the Masters his brethren ymmediately after my
buryall  Item I give to the Fabrick of the Cathedrall Church aforesayd Twenty
shillings And for and towards the Reparations of the parish Church of St Cutberts 
aforesayd forty shillings To be payd by my sayd Executor within three moneths after 
my death And I give to the fower and Twenty poore people of the sayd Almeshouse 
for the tyme being the somme of Twenty pounds more which I will shalbe kept and 
remayne to the sayd fower and Twenty of the sayd Almeshouse for a perpetuall
stocke The yearely proffitt therof to be ymploied to buy them Stone coales yearly 
for fier for them for their better comfort which Twentie pounds I will shalbe payd 
by my sayd Executor within three moneths after my decease unto the sayd Maior and Masters 
for the tyme being upon good security to be given to my sayd Brother Bysse And I
hartily desire them carefully to order and dispose therof And that the proffitt thereof 
may yearely faythfully be ymployed as abovesayd for evermore And that the sayd coales 
may yearely be bought for them at the best and cheapeast tyme Item I give to the 
poore impotent people and needy people of the parish of Kyngesbury within the sayd 
Countie of Sommerset fortie shillings To be payd by my sayd Executor to the Church-
wardens there for the tyme being within three moneths next after my deceasse And 
I desire them hartily to distribute it according to their best discretions Item I give to
my Nephewes the fower sonnes of my Sister Mary Peeke viz to William thirtie pounds To
Henry Thirty pounds To George and Edward Peeke fyftye pounds a peece And to my
neeces the fyve daughters of my sayd sister Peeke viz to Mary Peeke six score pounds 
besyde the mony I have of hers already in my handes and to every one of the other fower 
fortie pounds a peece Item I give to my nephewes Upton Bysse and Philip Bysse 
sonnes of my Sister Elizabeth Bysse To every one of them forty pounds a peece And to Jeffry
Strowde William Strowde and Thomazine Strowde the sonnes and daughter of William Strowde 
her former husband fortie pounds a peece And to George Strowde One hundred pounds And to
Mary Strowde Fiftie pounds they being also two other Children of the sayd William Strowd 
And to my Nephewes and Neeces all being the sonnes and daughters of my Sister Thomazine Hayes
begotten by Henry Hayes gentleman her late husband to every one of them forty pounds a peece
(my Nephew Sr Nicholas Hayes knight one of her sonnes only excepted in consyderation of a 


legacies hereafter to hym to be gyven by this my last will) which sommes of money so lymited and 
bequeathed to my sayd three Sisters Children as abovesayd I will shalbe payd by my sayd 
Executor within one yeare after my debts and funerall expences and the Legacies to the poore 
and to my servants by this my will given to be satisfyed or at and upon their severall mariages 
after my sayd debts and funerall expences and the sayd legacies to the poore and to my sayd 
servants satisfyed yf they or any of them happen to marry before or within the sayd yeares
And my will is that yf any of the sayd Sonnes and Daughters of my sayd Sisters fortune to
dye before the sayd dayes of payment which shall fyrst happen That then this my guift shalbe
voyd and of none effect to every such person or persons so deceassing Item I give to my sayd
Nephew Sr Nicholas Hayes knight before excepted fyftie pounds and my best gelding
with his furniture And to my Nephew Philip Marvyne the somme of TWenty pounds to 
be payd to him by my sayd Executor within one yeare after my sayd debts funerall expences 
and my legacies to the poore and to my servants satisfyed yf the sayd Philip Marvyne
shall affect and be obedient to the Protestants Religion professed now in England And 
shall within the sayd tyme bring Certificat from the bishop of the Dioces where he 
dwelleth of his earnest protestation before hym That he detesteth and abhorreth the 
Popish religion And the same Certificat shall delyver to the Supervisors of this my 
last will And my will is that yf the sayd Philip Marvyne fortune to dye before the sayd 
day of payment and before his sayd protestation and Certificat made as aforesayd that 
my sayd bequeastes to be voyd frustrate and of none effect Item I give to Thomas 
Maicock of Wells Proctor all my right interest and partes which I have or may lawfully 
clayme in my hearthes blowyng and washing houses and working partes and pitts pitches 
or grafes upon Mendipp whersoever And also one litle parcell of ground which now he 
holdeth of my the same lyeng neere unto his garden belonging to his house in the newe works 
in Wells aforesayd Item I give my houshold servants both men servants women and 
Maydservants to every one of them one whole yeares wages and their quarters wages
and to every one of them fyve pounds a peece to be payd by my said Executor within three 
moneths next after my deceasse yf they deale iustly with my sayd Executor and make 
knowen unto hym all that they know of my estate or ells every one of them that make 
default therof to lose the benefitt of this my guift And I give to those servants of mine 
which ware my liveryes of my guift and are retayners to me To every one of them fyve 
pounds a peece to be payd by my sayd Executor within three monethes after my decease 
And my will is That yf any of my sayd servants or Retayners fortune to dye within the 
sayd three monethes Then this my guift to every one of them so deceassing shalbe voyd 
and of none effect Item I give to my sayd Brother Bysse and my sayd Sister 
Elizabeth his wief and to my said sister Peeke and my sayd Sister Hayes To every 
of them one severall gould Ring every one of them wayeng an ounce of gould a peece 
with my Armes therin graven To be delivered them by my sayd Executor within sixe
monethes after my deceasse to be worne by every of them yf they please in remem-
brance of me  Item I give unto Mr William Pearce fyve markes and a gowne to preach
the sermon at my funerall  Item I give to Tenne poore men and Tenne poore women
To every one of them a blacke gowne And I will that in every gowne be six yeardes of 
black fryse at the pryce of two shillings the yeare To be provyded by my sayd Executor 
against the day of my buryall Provyded alwayes and my will is That yf my sayd sister 
Peeke or any of her Children or my sayd Brother Edward Bysse or my sayd Sister 
Elizabeth his wief or any of their Children by the sayd Edward and William Strowde 
or my sayd Sister Hayes or any of her Children or my sayd Nephewe Philip Marvyne 
or any person or persons for them by their consents or any of them shall clayme challenge 
or demannd any of my landes Tenements hereditaments Leases or Chattells whatsoever 
or any debt duty or demannd whatsoever other then is by me given and appoynted by this 
my will And the same Clayme Challenge or demannd shall put in sute or threaten my 
sayd Executor or Supervisors to put in sute Or shall any wayes hynder or distrube the 
Probat or Execution of this my last will That then my legacie given to such person 
									or persons


or persons by this my will shall cease and be voyd to every such person or persons And for the better cl???g
of such claymes my will is that every person and persons aforementioned shall make and delyver unto my
sayd Executor a sufficient Release from any Clayme challendge or demannds of any of my landes tenements 
hereditaments Leases Chattells debts duties and demannds whatsoever at and upon the payment of 
my sayd legacies gyven by this my will as aforesayd And albeit I purpose by this my will to advance 
my sayd Executor And if he dye his other Brothers Upton Bisse and Philip Bisse aforesayd in manner 
and forme following for that they are neere kynsmen and I greatly affect them yet my will is not 
that they or any of them shall have any proftif or any other benefitt of this my will unto their or any of 
their owne use or proffitt seaven yeares after my sayd deceasse unlesse my sayd debts payments legacies 
funerall expences and all other duties as abovesayd shalbe truly and faythfully within the sayd seaven
yeares satisfyed or otherwise by my sayd Executor sufficiently taken order for by the consent of the 
Supervisors of this my will within the sayd seaven yeares And in regard therof I doe by this my
will and Testament devise give and bequeath unto my sayd Executor Edward Bisse all my lands
Tenements hereditaments reversions Rents and Remayndors in Wells and the parish of St Cutberts
in Wells aforesayd Westhome Pilton Wootton Penmore Clewer or ells where within the Realme of 
England whersoever except my lands in Shepton Mallett and Wester Shepton which I give and 
bequeath unto my sayd brother Edward Bisse To have and to hold the sayd lands and premisses 
(except before excepted) unto the sayd Edward Bisse my Executor ymmediately after the said seaven
yeares ended and before the sayd seaven yeares ended yf my sayd debts payments legacies funerall
expences and all other dutyes by me owyng be fully satisfied or otherwyse by my sayd Executor
sufficiently taken order for by the consent of the supervisors of my sayd will and to the heires 
males of his body lawfully begotten And for default of such heire male to Upton Bisse his 
brother aforesayd (after the sayd seaven yeares ended and before the sayd seaven yeares ended after 
the decease of the sayd Edward my Executor without heire male) yf my sayd debts paymentes 
legacies funerall expences and all other duties by me owing be fully satisfied or otherwise by my
sayd Executor sufficiently taken order for by the consent of my sayd Supervisors And to the heires 
males of the sayd Upton Bisse lawfully begotten and to be begotten And for default of such 
heire male to Philip Bisse his brother aforesayd after the sayd seaven yeares ended and before 
the sayd seaven yeares ended after the deceasse of the sayd Edward Bisse my Executor and of the 
sayd Upton Bisse without heire male as aforesayd yf my sayd debts payments legacies 
funerall expences and all other duties by me owing be fully satisfyed or otherwise by my sayd 
Executor sufficiently taken order for by the consent of my sayd supervisors and to the heires males 
of the sayd Philip Bisse lawfully begotten and to be begotten And for default of such heire 
male to the right heires of the sayd Edward Bisse my Executor for ever  And for that I 
earnestly desire that all my sayd debts payments legacies funerall expences and all other duties 
any wayes owyng by me should be speedily and according to the very dayes of payment satisfied 
without Cautelons excuse or other delay Therfore my will is that from and after my deceasse 
my sayd Executor Edward Bisse the Father aforesayd and Henry Nevill of Bedmister neere
Bristoll in the Countie of Sommrset Esquior whom by this my will I ordayne and constitute 
my supervisors of this my last will and Testament shall receive take and enioy the whole 
and entier proffitts and Commodities of all my Leases (besides that Lease of the parsonage 
of St Cutberts in Wells and all other grannts whatsoever heretofore by me to my sayd Brother 
Bisse made for life lyves or yeares whatsoever And the whole proffitts of all my Rents fynes
Incomes herryotts or other proffitts arising of any of my landes hereditaments and revertions 
for and during the sayd terme of seaven yeares only and alone and for no other purpose but 
for the payment and faythfull satisfyeng of all my debts payments Legacies funerall expencs 
and of all other duties whatsoever And from and after the sayd seaven yeares ended and before 
the sayd seaven yeares ended yf my sayd debts payments legacies funerall expences and all
other duties shalbe satisfied or otherwise by my sayd Executor sufficiently taken order for 
by the consent of my sayd supervisors Then my sayd Landes tenements hereditaments rents 
and reversions to remayne and come to my sayd Executor and to the heires males of his 
body as abovesayd with the Remaynders over to the sayd Upton Bisse and after to the 
sayd Philip Bisse as abovesayd limited and expressed And the Rectory and parsonage
									of Kyngesbury


of Kingesbury and the tythes therof And all my sayd other leases for lyfe lyves or yeares 
whatsoever not expyred in like part to be remayne and come after the sayd seaven yeares 
ended and before the sayd seaven yeares ended yf my sayd debts payments legacies 
funerall expences and duties be truly satisfied or otherwise by my sayd Exeuctor 
sufficiently taken order for by the consent of my sayd   Supervisors unto my
sayd Executor for and during all such interest terme or lease or leases as I have therin 
or in any of them except before excepted  And my will is that my Executor and my
sayd Supervisors shall during the sayd seaven yeares truly according to certayne Articles 
and other Assurances given by my good frends and myself pay to Thomas Bamfeild of
Hardington Esquior and his Assignes the yearely somme of Twenty fower pounds during 
the lief of Elizabeth his Daughter sometymes my wief whose neglect of duty God
forgive and I doe wth all other wronges to me done Provyded alwayes notwithstanding 
any guift by this my will to the contrary That yf my sayd Executor or his Assignes after 
the sayd seaven yeares ended shall not truly satisfy and pay the sayd yearly somme of 
Twenty fower pounds according to the true meaning of the sayd Articles and other assurancs
gyven That then and from such default of payments my Lands Tenements hereditaments 
Reversions and Rents shalbe and come unto the sayd Upton Bisse and the heyres males of 
his body lawfully begotten or to be begotten And the sayd Rectory and all the aforesayd 
leases not expired shalbe and come to the sayd Upton Bisse during all my interest and terme
that I have in them or in any of them  Provyded also that yf the sayd Upton Bisse 
after the sayd seaven yeares ended shall not truly satisfy and pay the sayd yearely somme 
of twenty fower pounds according to the true meaning of the sayd Articles and other 
assurances gyven That then and for such default of payment my Landes Tenements 
hereditaments Reversions and Rents shalbe and come to the sayd Philip bisse and the 
heyres males of his body lawfully begotten and to be begotten Adn the sayd Rectory
and all the aforesayd leases not expired shalbe and come to the sayd Philip Bysse 
during all my Terme and interest I have therein or in any of them  Item I gyve to 
my sayd Brother Edward Bisse my dwelling house in Wells aforesayd And the gardens 
Orchards and backside and Courts thereunto belonging with the Lease and Terme of 
yeares thereof yet to come and unexpired And all the houshold stuff implements and furniture 
in and about my sayd house with all my plate whatsoever and the benefitt therof t o
hymself and his Assignes But my meaning is not that my sayd Brother Edward 
Bysse shall have any pasture or Meadegrounds belonging to my sayd house but that it 
shalbe and remayne according as all the lands and leases of the Rectory and premisses 
are lymitted by this my will as abovesayd Item I will that all my sheepe horses
geldings kyne and all other my goods and Chattles whatsoever not already gyven
by this my will shalbe sould by my sayd Executor and my sayd Supervisors towards the 
more speedier payment of my debts legacies funerall expences or other duties whatsoevr
And I doe by this my will confirme ratify and allowe all the estates and leases of my
Tenannts whatsoever ether made by worde or writing according to the true meaning 
of my grannts lease or leases And doe require my sayd Executor as God shall prosper 
him and all those that by vertue of this my will shall have the hereditaments or 
reversions of such leasses That he and they or any of them goe not about any wayes to
ympeach frustrate or otherwise weaken their leases or any of them but to suffer them
and every one of them quietly to enioy them accordingly Item I give and bequeath unto
my Sister Mary Peeke Twenty markes yearely to be payd to her or her Assignes during 
her lief out of my lands and leasses formerly lymited for the payment of my debts and 
Legacies Item I will and doe constitute and ordayne the sayd Edward Bysse the 
Sonne of my sayd Brother Edward Bysse to be my sole and only Executor for the 
speedy recovery of all my debts owyng me and for the faythfull discharging and performing 
of this my last will and Testament as abovesayd willed and devysed by me And yf my
sayd Executor shalbe within the age of eighteene yeares at the tyme of my death then
I will and doe constitute and earnestly desire my sayd Supervisors untill my sayd Executor 
										come to the


come to the age of eighteene yeares to take upon them the performannce of all such things as my sayd Executor
should have taken upon him by this my will yf he had bene of the age of Eightene yeares And yf my sayd
Executor happen to dye before the probat of this my will and before my debts payments Legacies funerall
expences or other entries by me truly owing be satisfyed or otherwise sufficiently taken order for by the 
Consent of my sayd Supervisors Then I will and doe ordayne and constitute the sayd Upton Bysse my
sole Executor And to doe and performe all things by this my will lumited and appoynted as powerfull
and effectuall as the sayd Edward Bysse my Executor should or might have done yf he had lyved and no
otherwise And then the sayd Upton Bysse shall have and enioy the landes hereditaments and leases 
abovesayd according to the lymitations abovesayd notwithstanding the sayd Edward my Executor had 
yssue male at his death Provyded nevertheles that all payments or other Charges which the sayd 
Edward shall have laye forth towards the performannce of this my will shalbe repayed by the sayd 
Upton Bysse unto the Executors Administrators of the sayd Edward Bysse within convenient 
tyme after the death of my sayd Executor at the discretion of my Supervisors And my will is
that yf the sayd Edward Bysse dye before the Probat of this my will or before my debts payments
Legacies funerall expences or other dutyes by me truly owyng shalbe satisfyed or otherwise sufficiently 
taken order for by the consent of my sayd Supervisors And that lykewise the sayd Upton Bysse dye before 
my debts payments legacies funerall expences or other dutyes by me owing shalbe satisfied or otherwise 
sufficiently taken order for by the consent of my sayd Supervisors Then I will and doe ordayne and 
constitute the sayd Philip Bysse my sole Executor and to doe and performe all things by this my
will lymitted and appoynted as powerfull and effectuall as the sayd Edward Bysse my executor
should  or might have done yf he had lyved and no otherwise And then the sayd Philip Bisse 
shall have and enioy the Lands hereditaments and leases and premisses according to the 
lymitation abovesayd notwithstanding the sayd Upton Bisse had yssue male at his death
Provyded nevertheles that all payments or other charges which the sayd Edward Bysse 
my Executor or the sayd Upton Bysse shall have layed forth towards the performance of 
this my will shalbe repayd by the sayd Philip Bysse unto the Executors or Administrators 
of the sayd Edward and Upton Bisse within convenyent tyme at the discretion of my said 
Supervisors Fynally I earestly entreate and ordayne the sayd Edward Bysse and 
Henry Nevell aforesayd my loving freinds to be the Supervisors of this my last will
and Testament hartely prayeing them to see the same duly and faythfully executed and 
performed And to receave and take the whole proffitts of my lands hereditaments Rectory
and Leases abovesayd according to the terme and tyme by this my will lymitted to be 
imployed as aforesayd most earnestly desiring them that my sayd Executor doe not receive 
nor take any penny proffit of this my will to his owne use during the sayd Terme of 
seaven yeares abovesayd unlesse my debts payments legacies funerall expences and all
other duties by me truly owing shall fully be satisfied or otherwise sufficiently taken
order for by the full consent of my sayd Supervisors as abovesayd Item I give and bequeath 
unto Lady Stallings my Coach with the furniture And unto Mrs Dorrington her 
Gentlewoman one gould rynge with a Table Diamond sett in it Item I give and bequeath
unto my servant Goodwife Webb fower pounds yearely to be payd her during her lief 
And to Thomas Fabyan my servant besydes his former legacie Tenne pounds yearely to
be payd him during his lief yf he shall truly serve my sayd Executor or my Brother Bisse 
aforesayd Item I give and bequeath unto my Servannt Henry Mascall besides my 
former legacie given him fyve pounds more  And for some slender requitall of my sayd 
Overseers paynes and travayll herein I gyve to every one of my sayd Supervisors the somme 
of Tenne poundes a peece and a ring of gold waying half an ounce with my Armes therin set 
And to their wyves to every one the like gould Ring a peece And I will that their Charges 
or other expences in law or traveill ymploied in or about the performance of this my will
shalbe satisfyed to them by my Executor And I require my sayd Executor upon his 
Soule that he faythfully performe this my last will And that he doeth nothing in any
respect touching this my will wihtout the notice and consent of my sayd Supervisors 
first had and obteyned In witnes wherof I have hereto sett my name George 
Upton  witnesses John Morgan John Raynes gentlemen Thomas Maicocks with others 
								     Vicesimo tertio


[23 February 1608]
Vicesimo tertio die mensis
Februarii Anno Domini ... millesimo
Sexcentesimo Octavo ... Edwardo Bysse seniori uni Supervisorum
... Edwardi Bisse Executoris nominat in Testamento ...
... Henrico Nevell
Armigero altero Supervisorum ...

Last Modified: Sunday, 03-Sep-2023 14:16:48 NDT