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<DATE>2013-11-15</DATE>
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<NAME>Judith Siefring</NAME>
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<HEAD><FIGURE>
<FIGDESC>royal coat of arms</FIGDESC>
<HEAD>W R</HEAD>
<HEAD>HONI SOIT QVI MAL Y PENSE</HEAD>
<HEAD>DIEV ET MON DROIT</HEAD>
</FIGURE>Anno Decimo Gulielmi III. Regis.</HEAD>
<HEAD TYPE="sub"><HI>An ACT for Confirming and E&s;tabli&s;hing the Admini&s;tra|tion of the Goods and Chattels of Sir</HI> William Godol|phin <HI>Knight, decea&s;ed.</HI></HEAD>
<P>_MOST humbly &s;hew unto Your mo&s;t Excellent Maje&s;ty, Your mo&s;t Dutiful Subjects, <HI>Francis Godolphin</HI> E&s;q; and <HI>Charles Godolphin</HI> E&s;q; and <HI>Elizabeth</HI> his Wife (Your &s;aid Suppli|ants <HI>Francis Godolphin,</HI> and <HI>Elizabeth</HI> the Wife of the &s;aid <HI>Charles Godolphin,</HI> being Admini&s;trators of the Goods and Chattels of Sir <HI>William Godolphin</HI> Kt. decea&s;ed) That divers good Laws have been made to prevent the Con|veying E&s;tates of the Subjects of this Realm for the Maintenance and Support of Super&s;titious U&s;es. And whereas Sir <HI>William Godolphin</HI> Kt. a Subject of this Your Maje&s;ties Kingdom of <HI>England,</HI> who Lived at <HI>Madrid</HI> in the Kingdom of <HI>Spain,</HI> being there &s;urrounded by Fryers, Prie&s;ts and Je&s;uits as he lay Bedrid, was influenced to con&s;ent to an Act before a Publick Notary, on or about the Thirtieth of <HI>March,</HI> One thou&s;and &s;ix hundred ninety &s;ix, whereby it was &s;ignified, that Four Per&s;ons named therein <HI>(viz.) Don Mathias de E&s;colar</HI> Abbot of the <HI>Ba&s;illians, Geronimo Guerrero</HI> Procurator General of the Je&s;uits, <HI>Don Baltha&s;ar de Cabredo</HI> a Secular Prie&s;t, and <HI>Don Antonio de Cendoya</HI> a Lawyer, &s;hould be his <HI>Te|&s;tamentarios,</HI> which De&s;ignation is thus explained in the In&s;trument <HI>(viz.)</HI> To the end that as &s;oon as he the &s;aid Sir <HI>William Godolphin</HI> departed out of this Life, they &s;hould Make and Con&s;titute his La&s;t Will and Te&s;tament, expre&s;&s;ing therein the Gifts, Legacies, Foundations of Memories, Good-works, Patronages and other Di&s;|po&s;itions which he the &s;aid Sir <HI>William</HI> had Communicated to them, to be di&s;po&s;ed of in &s;uch Manner and Form as &s;hould appear to them the &s;aid <HI>Te&s;tamentarios,</HI> to be mo&s;t Requi&s;ite and Convenient, giving to each of the &s;aid Four a Legacy in the &s;aid In&s;trument, and certain Sums for Super&s;titious U&s;es, adding Two other per|&s;ons <HI>(viz.) Francis Arthur</HI> and <HI>Bruno Bernardo de Quiros,</HI> to be joyned with the former Four, to Execute the Will which &s;hould be made after his death by the &s;aid Four for the Good of his Soul, which was declared his Univer&s;al Heir in the &s;aid In&s;trument, thereby Revoking, Di&s;annulling and Making Void all other Wills, Codicils, Powers to make Wills, or any Di&s;po&s;itions, which he the &s;aid Sir <HI>William Godolphin</HI> might have made heretofore either by Word or Writing, or in any o|ther Form, to the end they might have no Force, nor avail in any Court of Ju|&s;tice or otherwi&s;e, and de&s;iring that Power &s;hould be fulfilled and executed, and the Will which &s;hould be made pur&s;uant thereunto, as his la&s;t and determined Will, in &s;uch Form as might make it mo&s;t available in Law. And whereas after the pa&s;&s;ing the &s;aid Notarial Act, <HI>(viz.)</HI> about the latter end of <HI>June</HI> in the &s;ame year,
<PB N="2" REF="2">the &s;aid Sir <HI>William Godolphin</HI> propo&s;ing to make his La&s;t Will Nuncupative or Te|&s;tamentary Di&s;po&s;ition, did then declare &s;everal Legacies he would give to cer|tain of his Relations in <HI>England,</HI> which Legacies were by his order &s;et down in W iting, and Read to, and Acknowledged by him to be his La&s;t Will, and which has been &s;ince proved by the Oaths of Three Witne&s;&s;es, Sworn by Commi&s;&s;ion out of the Prerogative Court of <HI>Canterbury,</HI> and Admini&s;tration of all the Goods of the &s;aid Sir <HI>William Godolphin</HI> granted to the Two Principal Legatees, <HI>viz. Francis Godolphin</HI> and <HI>Elizabeth</HI> Wife of <HI>Charles Godolphin</HI> (being al&s;o the only &s;urviving per&s;ons next of Kin, in equal degree to the &s;aid Sir <HI>William Godolphin</HI>) with the &s;aid Te&s;tamentary Di&s;po&s;ition annexed in the Words following: <HI>(viz.) Memo|randum,</HI> That in or about the latter end of <HI>June</HI> or beginning of <HI>July,</HI> in the year of our Lord, One thou&s;and &s;ix hundred ninety &s;ix, Sir <HI>William Godolphin</HI> Kt. then re&s;iding at <HI>Madrid</HI> in the Kingdom of <HI>Spain,</HI> and in the place of his u&s;ual ha|bitation there, being then &s;ick of the &s;ickne&s;s whereof he Died, but being of &s;ound and perfect Memory, having an Intent to declare and make his La&s;t Will Nuncupative or Te&s;tamentary Di&s;po&s;ition, did order and direct <HI>Don Anto|nio Cendoya</HI> to put down in Writing the&s;e following Legacies to be the Gifts, Le|gacies and Beque&s;ts of him the &s;aid Sir <HI>William Godolphin,</HI> in that his la&s;t Will; and the &s;aid Sums of Money and Legacies were accordingly wrote down, at the Will and Reque&s;t of Sir <HI>William Godolphin</HI> by the above&s;aid <HI>Don Antonio Cendoya,</HI> and afterwards the &s;aid Writing, which contained and Specified the &s;everal Gifts and Legacies following, was Read to the &s;aid Sir <HI>William Godol|phin,</HI> and Approved and Declared by him to be his La&s;t Will; the which Gifts, Legacies and Beque&s;ts above mentioned, which Sir <HI>William Godolphin</HI> owned to be his La&s;t Will, are as follows, <HI>(viz.) Imprimis</HI> he Gave and Bequeath|ed to his Nephew <HI>Francis Godolphin</HI> E&s;quire, all his Lands in <HI>England,</HI> and al&s;o to his &s;aid Nephew <HI>Francis Godolphin</HI> Seven thou&s;and Pounds <HI>Sterling,</HI> be&s;ides to each of his Four Children, <HI>viz.</HI> One Son and Three Daughters, One thou&s;and Pounds <HI>Sterling:</HI> Al&s;o he gave to his Neece Mi&s;tre&s;s <HI>Elizabeth Godolphin,</HI> Wife to the Honourable <HI>Charles Godolphin</HI> E&s;quire, Four thou&s;and Pounds <HI>Sterling,</HI> and likewi&s;e to the &s;aid <HI>Charles Godolphin</HI> her Husband, One thou&s;and Pounds <HI>Sterling;</HI> and to his Uncle Ma&s;ter <HI>Francis Bluet</HI> Two hundred Pounds <HI>Sterling.</HI> All which La&s;t Will, Gifts and Beque&s;ts were Wrote down and Read to the &s;aid Sir <HI>William Godolphin</HI> in the <HI>Spani&s;h</HI> Tongue, and were Approved, Agreed unto, and Owned by him as his La&s;t Will in the <HI>Spani&s;h</HI> Tongue; likewi&s;e in the Pre&s;ence of us who were de&s;ired to take Notice thereof: All which we Te&s;tifie upon Oath, Witne&s;s our Hands this Eighteenth day of <HI>September</HI> (New Stile) <HI>Anno Domini,</HI> One thou&s;and &s;ix hundred ninety &s;ix, <HI>Thomas Gray, John March, Lewis Cavelero;</HI> Sworn, Signed and Executed in Pre&s;ence of us <HI>William Thomas, Jezreel Jones, Samuel All&s;ton.</HI> And whereas according to the Laws of this Realm, no Man can give Power or Authority to another, to make his Will for him after his Death; And if it were otherwi&s;e, the E&s;tates of &s;uch of His Maje&s;ties Subjects, who-&s;hould happen to dye beyond the Seas, would run great Hazard of being Alienated from the right Heirs and Relations of the &s;aid Per&s;ons, under Co|lour of &s;uch delegated Authority; and yet neverthele&s;s fora&s;much as &s;ome Per|&s;ons who have been Tru&s;ted in the Management of the &s;aid Sir <HI>William Godol|phin</HI>'s E&s;tate in <HI>England,</HI> have with &s;everal others Imployed therein beyond the Seas, u&s;ed great endeavours to &s;et up the &s;aid Notarial Act, and a Pretended Will or Di&s;po&s;ition, made, or &s;uppo&s;ed to be made after the &s;aid Sir <HI>William Godolphin</HI>'s Death, under Colour of the &s;ame. And whereas by &s;uch Pretext, the Le|gal Admini&s;trators of the &s;aid Sir <HI>William Godolphin</HI> have been hitherto delayed, and hindred in Recovering his E&s;tate, whereby to di&s;charge the &s;everal Legacies in the &s;aid Te&s;tamentary Di&s;po&s;ition, as well as to Po&s;&s;e&s;s them&s;elves of the Re&s;iduary Part, which being not otherwi&s;e di&s;po&s;ed of by the &s;aid Sir <HI>William</HI> in his Life time, of Right belongs to them as next of Kin. For Remedy therefore in the Premi&s;&s;es, may it plea&s;e Your mo&s;t Excellent Maje&s;ty, that it may be Enacted and Declared: And be it Enacted and Declared by the Kings mo&s;t Excellent Maje&s;ty, <NOTE PLACE="marg">&rindx;</NOTE> by and with the Advice and Con&s;ent of the Lords Spiritual and Temporal, and the Commons in this pre&s;ent Parliament A&s;&s;embled, and by the Authority of the &s;ame, That the Clau&s;es in the &s;aid Notarial Act of the Thirtieth of <HI>March,</HI> One thou&s;and &s;ix hundred ninety &s;ix, whereby any Powers or Authorities are pretended to be given to the per&s;ons in the &s;aid Notarial Act Named, or any of them, or any others, to make the &s;aid Sir <HI>William Godolphin</HI>'s Will after his Death are Null and Void, and &s;hall be Deemed and Taken to be Void and of none Effect; And that the other Clau&s;es in the &s;ame Notarial Act mentioned, whereby the &s;aid Sir <HI>William Godolphin</HI> Declares his Soul his Univer&s;al Heir, are likewi&s;e Null, Void and of none Effect in Law. And be it further Enacted by the Authority afore|&s;aid, That all Wills, Codicils, Powers to make Wills, and Di&s;po&s;itions in any
<PB N="3" REF="2">manner made or declared by the &s;aid Sir <HI>William Godolphin,</HI> before the making the &s;aid Notarial Act of the Thirtieth of <HI>March,</HI> One thou&s;and &s;ix hundred ninety &s;ix (the &s;ame being therein &s;olemnly Revoked, Di&s;annull'd and made Void) &s;hall be, and the &s;ame are hereby Declared to be Revoked, Di&s;annulled and made Void to all Intents and Purpo&s;es; and that the &s;aid Admini&s;tration Granted to the &s;aid <HI>Francis Godolphin,</HI> and <HI>Elizabeth</HI> (the Wife of the &s;aid <HI>Charles Godolphin</HI>) his Si&s;ter, of the E&s;tate of the &s;aid Sir <HI>William Godolphin,</HI> with the &s;aid Nuncupative Will before mentioned Annexed (the &s;ame being &s;olemnly declared by him &s;ome few days be|fore his Death, in the pre&s;ence of three Credible Witne&s;&s;es, who were duly Sworn by Commi&s;&s;ion out of the Prerogative Court of <HI>Canterbury</HI>) is well Granted, and &s;hall be deemed and taken to be good and effectual in the Law, to all intents and purpo&s;es what&s;oever, in all Courts of Law and Equity, the &s;aid Notarial Act of the Thirtieth of <HI>March,</HI> One thou&s;and &s;ix hundred ninety &s;ix, or any Powers Death, or any former or other Will, or pretended Power to make a Will, Made, Given, Granted or Declared by the &s;aid Sir <HI>William Godolphin,</HI> before the ma|king the &s;aid Notarial Act, in any wi&s;e notwith&s;tanding.</P>
<P>And it is Declared, That nothing in this Act contained, &s;hall be Con&s;trued to make void the Specifical Legacies, in and by the &s;aid Notarial Act Given to the &s;aid <HI>Don Mathias de E&s;colar, Geronimo Guerrero, Don Baltha&s;ar de Cabredo, Don Antonio de Cendoya, Francis Arthur,</HI> and <HI>Bruno Bernardo de Quiros,</HI> but that &s;uch Legacies, with any other Sums &s;pecially mentioned therein, &s;hall remain a Charge on the E|&s;tate of the &s;aid Sir <HI>William Godolphin,</HI> to be Paid out of the &s;ame, &s;o as and pro|vided that the &s;aid <HI>Don Mathias de E&s;colar, Geronimo Guerrero, Don Baltha&s;ar de Cabredo, Don Antonio de Cendoya, Francis Arthur,</HI> and <HI>Bruno Bernardo de Quiros,</HI> or &s;ome of them, do Account unto the &s;aid <HI>Francis Godolphin,</HI> and <HI>Elizabeth</HI> the Wife of the &s;aid <HI>Charles Godolphin,</HI> the &s;aid Admini&s;trators for the E&s;tate of the &s;aid Sir <HI>William Godolphin,</HI> in the &s;aid Kingdom of <HI>Spain,</HI> or other places beyond the Seas, and Pay the &s;ame as they the &s;aid Admini&s;trators &s;hall direct.</P>
<P>And whereas it doth appear, <NOTE PLACE="marg">&lindx;</NOTE> That the &s;aid Sir <HI>William Godolphin</HI> did by a Wri|ting before his going out of <HI>England,</HI> Solemnly declare his Intention of lea|ving Three thou&s;and Pound <HI>Sterling,</HI> to and for the Education and Maintenance of Poor Scholars, the Relief of Decayed Virtuous Gentlemen, the Redemption of Pri&s;oners, the placing out Poor Children to Trades, or other &s;uch like Pious and Charitable u&s;es, under the direction of certain Per&s;ons named in the &s;aid Writing, (who are all &s;ince Dead) and did al&s;o expre&s;s his Intention of giving to the Poor of the Town of <HI>Camilford,</HI> in the County of <HI>Cornwall,</HI> the Sum of Twen|ty Pounds, to the Poor of the Town of <HI>Liskerd,</HI> in the &s;aid County, Ten Pounds, and to the Poor of the Pari&s;h of St. <HI>Mabin,</HI> in the &s;aid County al&s;o, Ten Pounds; Now to the end the &s;aid Pious and good Intentions may not be Fru&s;trated, Be it further Enacted by the Authority afore&s;aid, That the Admini&s;tra|tors of the &s;aid Sir <HI>William Godolphin</HI> do enter into &s;everal Recognizances in the High Court of Chancery, at the time when the E&s;tate of the &s;aid Sir <HI>William Godolphin</HI> now in that Court, &s;hall be delivered up to them, to &s;ecure the Payment of the &s;aid Three thou&s;and and fourty Pounds, in manner following, (That is to &s;ay) the &s;aid <HI>Francis Godolphin</HI> one of the Admini&s;trators in one Recognizance, to &s;ecure the Payment of one Moiety thereof, or Fifteen hundred and twenty Pounds, and the &s;aid <HI>Charles Godolphin</HI> on behalf of his Wife <HI>Elizabeth,</HI> the other Admini&s;trator, in another Recognizance, to &s;ecure the like Sum of Fifteen hundred and twenty Pounds, being the other Moiety; which &s;aid Sums &s;hall be taken out of &s;uch part of the E&s;tate of the &s;aid Sir <HI>William Godolphin,</HI> now beyond the Seas, as &s;hall fir&s;t come to the hands of the &s;aid Admini&s;trators, after the Charge deducted for recovering the &s;ame; and in ca&s;e &s;o much &s;hall not be recove|red of the E&s;tate beyond the Seas, within the &s;pace of three years, the compli|ment of the &s;aid Sum, &s;hall be made up by the &s;aid Admini&s;trators, out of the Re|&s;idue of the &s;aid Sir <HI>William Godolphins</HI> E&s;tate in <HI>England,</HI> if any &s;uch there be, after ju&s;t demands Paid, and Legacies given in the &s;aid Nuncupative Will &s;atisfi|ed; and the &s;aid &s;everal Sums of Fifteen hundred and twenty Pounds &s;everally Secured by the &s;aid Admini&s;trators, &s;hall be by them proportionably (that is to &s;ay) by each of them for his part, re&s;pectively Applied to &s;uch Pious and Charita|ble u&s;es, as are before particularly &s;pecified and mentioned; and the &s;aid Recog|nizances or either of them, &s;hall not be Di&s;charged, without a Certificate from the Lord Arch-Bi&s;hop of <HI>Canterbury,</HI> or the Lord High Chancellor of <HI>England,</HI> or the Lord Keeper of the Great Seal, or one of them now or for the time being, that the Sum of Fifteen hundred and twenty Pounds, Secured by &s;uch Recognizance ap|pears to have been applyed, ve&s;ted, or di&s;po&s;ed for &s;uch Pious and Charitable u&s;es, as may an&s;wer the Intention of the Donor, to the &s;atisfaction of the &s;aid Lord Arch-Bi&s;hop, or Lord Chancellor, or Lord Keeper of the Great Seal for the time being.</P>
<PB N="4" REF="3">
<P><MILESTONE UNIT="Note,"> Provided always, and be it further Enacted by the Authority afore&s;aid, That &s;uch and &s;o much of the Per&s;onal E&s;tate of the &s;aid Sir <HI>William Godolphin,</HI> now in the Court of Chancery, as &s;hall be &s;ufficient to pay the Legacies of Sixteen thou&s;and two hundred Pounds, Given and Devi&s;ed by the &s;aid Nuncupative Will, &s;hall be immediately Applyed to the Payment thereof, and of &s;uch ju&s;t Demands incident to the Account of the &s;ame, as &s;hall be Allowed in the Court of Chan|cery; and that the Re&s;idue of the &s;aid Sir <HI>William Godolphin</HI>'s Per&s;onal E&s;tate, in the &s;aid Court or el&s;ewhere in <HI>England,</HI> after &s;uch Legacies and ju&s;t Demands incident to the Account of the &s;ame, as is afore&s;aid, and the other Provi&s;ion of the Three thou&s;and and fourty Pounds for Charities made by this pre&s;ent Act are paid, &s;hall go and be applied to and for the an&s;wering and paying &s;uch other Legacies and Beque&s;ts, other than &s;uch as are for any Super&s;titious u&s;e, as &s;hall appear to be given or devi&s;ed by the &s;aid Sir <HI>William Godolphin,</HI> to be paid out of his per&s;onal E&s;tate in <HI>England,</HI> by any Writing under his Hand, after the Tenth day of <HI>March,</HI> One Thou&s;and &s;ix hundred ninety five according to the Stile of <HI>Eng|land,</HI> Te&s;tified by Two Credible Witne&s;&s;es, or by any Nuncupative Will reduced into Writing by the direction of the &s;aid Sir <HI>William Godolphin</HI> after the &s;aid Tenth day of <HI>March,</HI> &s;o as the &s;ame be made appear before the Four and twentieth day of <HI>June,</HI> <NOTE PLACE="marg">&rindx;</NOTE> which &s;hall be in the Year, One Thou&s;and &s;ix hundred ninety nine, unle&s;s prevented or delayed by the means of the Admini&s;trators, or either of them, and if no &s;uch other Legacies or Beque&s;ts &s;hall be made appear before the &s;aid Four and twentieth day of <HI>June,</HI> which &s;hall be in the &s;aid year, One thou&s;and &s;ix hundred ninety nine, to be given by the &s;aid Sir <HI>William Godolphin,</HI> and to be paid in &s;uch manner, as afore&s;aid, then the re&s;idue of the Per&s;onal E&s;tate of the &s;aid Sir <HI>William Godolphin,</HI> or &s;o much thereof as &s;hall remain after &s;uch Legacies &s;atisfied (if any &s;uch be made to appear) &s;hall be to the &s;aid Ad|mini&s;trators, to be di&s;tributed according to the Laws in that behalf.</P>
<P>Provided always, That in ca&s;e any Legacies &s;hall be proved to be given by the &s;aid Sir <HI>William Godolphin</HI> after the &s;aid Tenth day of <HI>March,</HI> One thou&s;and &s;ix hundred ninety five, to Charitable U&s;es in <HI>England,</HI> That then the Three thou|&s;and and fourty Pounds aforementioned, &s;hall be applied for &s;atisfaction of the &s;ame, and the re&s;idue, if any be, of the &s;aid Three thou&s;and and fourty Pounds, after &s;uch Legacies for any Charitable u&s;es are &s;atisfied, &s;hall be applied to and for &s;uch Charities as are herein before appointed; And in ca&s;e the &s;aid Three thou|&s;and and fourty Pounds, &s;hall not be &s;ufficient to &s;atisfie and pay the &s;aid Lega|cies for Charitable U&s;es, Then and in &s;uch Ca&s;e &s;o much as the &s;aid Three thou|&s;and and fourty Pounds &s;hall fall &s;hort of an&s;wering the &s;aid Legacies for Chari|table U&s;es, &s;hall be paid out of the Re&s;idue of the &s;aid Sir <HI>William Godolphins</HI> Per&s;onal E&s;tate in <HI>England,</HI> that &s;hall remain after the &s;everal Legacies, Beque&s;ts and Demands thereout before mentioned are &s;atisfied; and &s;o much of the &s;aid Sum of Three thou&s;and and fourty Pounds as &s;hall be applied to and for the &s;a|tisfaction of the &s;aid Legacies for Charitable U&s;es in <HI>England,</HI> &s;hall be Taken and Deemed to be well applied, and the Recognizances herein before appointed to be given for the &s;ame, as to &s;o much as &s;hall be &s;o applied &s;hall be di&s;charged; Any thing herein before contained to the contrary thereof in any wi&s;e notwith|&s;tanding.</P>
<CLOSER><SIGNED><HI>Matth. John&s;on,</HI> Cler&abbrapo; Parliamentor&abbrapo;</SIGNED>
<DATELINE><DATE><HI>9^o April Anno</HI> 1698.</DATE> <HI>Concordat cum Recordo &amp;</HI></DATELINE>
<SIGNED>Examinat&abbrapo; per me, Tho. Harvey.</SIGNED></CLOSER>
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<P><HI>LONDON,</HI> Printed by <HI>Charles Bill,</HI> and the Executrix of <HI>Thomas Newcomb,</HI> deceas'd; Printers to the Kings mo&s;t Excel|lent Maje&s;ty. 1698.</P>
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