Catalogue description LORD WYLLUGHBY'S further answer.
This record is held by Lincolnshire Archives
Reference: | 8ANC7/27 |
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Title: | LORD WYLLUGHBY'S further answer. |
Description: |
--"An answer to certain false allegations exhibited in Cecill's petitions. "Cicell's words.-There was upon my late complaint some conference had of the matter, between my Lords Grace of Canterbury and the Lord Willoughby, who thereupon delivered in a paper copy, pretending the same to be the true will, not having any witnesses hands to verify the same. "Answers. To the scandall of forgery.-The will is written every word with my father's own hand, which I suppose my Lord Treasurer knoweth very well, subscribed by him and sealed with his seal, avowed to be his true and last will upon his death bed, as [by] sundry will be deposed, yet living, that it was so. To the true copy thereof was Mr. Edmond Hall's hand, who was present a little before his death, and heard what he enjoined me, beside two other preachers, namely Holden and Bradley, sundry other gents and persons of his household, as Henry Carewe, Christopher Hamon. I think Sir John Wingfield is not un-acquainted with it. [Cecill.]-"The not proving of the will hath been the cause of many former troubles to my predecessors, being deprived the benefit thereof, and the occasion of this present calamity to my self, in defending the poor childrens' right. "Reasons why not to prove the will. It is not unknown that my father by the words of his will, made a little before my return out of the Low Countries, when the Earl of Leicester and the Lord Admiral (now living) accompanied the Duke Alancon, I returning a little before his end and finding him in extreme pangs, he commanded me in these terms: Son, I have passed that little land I have, you having no issue male (as then I had not) to the next of my name Bertie, as the words of my will carrieth; But my meaning is, that Stephen Bertie should have the same. And therefore I charge you before God and his holy Angels to see the same so conveyed: This I sware unto, as I was bound in duty of a son to a kind loving father very weak, who died within few hours after this request. If therefore I prove his will, I falsify my oath, which I would not do for all the lands I have by him, or possess otherwise. [Cecill].-"The Lord Willoughby neglecting the probate of the said will ever since his father's decease, hath thereby prevented and kept your poor suppliants from the benefit of the gifts therein given them. "The Legacies performed.-For answer hereof, I have found out an acquittance for payment of the legacies under Roger Cheesman's own hand wherein he acknowledgeth himself satisfied. [Cecill].-"His Lordship claimeth the said house and land to be his, which in truth by the last will of his Lordship's Father deceased was freely given to the father of the said Orphans, and to his heirs forever. "The Petitioners no right in the land.--The bad and lewd dealing of this petitioner may sufficiently appear from the witness of his own mouth, who in his first petition exhibited the thirteenth of October 1592, under the endorsement of Dr. Aubrey's own hand when his wife yet lived, challengeth the same, as given by the will of my Father, for term of life only. And now in his last petition on the ninth of July 1594, he claimeth by the same will the fee simple, as given to him and to his heirs forever, by the colour of this entitling them to my inheritance, seeking himself to blind and cosen the poor orphans of their right in legacies given them by their father's will, whereto he standeth bound to me, as by his obligation may appear, though yet I never put him in suit for the same." |
Date: | 1594, August 25 |
Held by: | Lincolnshire Archives, not available at The National Archives |
Language: | English |
Physical description: | 1 sheet. |
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