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too thousant acres of arabyll lond, oon hundred acres of medowe, too thousant acres of furse and hethe, syx mylles, eight pounds of rent, with thappurtenaunces, in Shevyok, Westaunton, Portloo, Treverbyn Courtney aforeseid, withyn the countie of Cornewall; Also the manors of Sampford Courtney, Challegh, Whiteford, Kenne, Musbury, Farway, Whitwell, Whympell, Baillifford, Norton Dawney, Cornewoode, Dowlton; And also fyve hundred myses, nyen milles, fyve thousant acres of lond, a thousant acres of medow, thre thousant acres of pasture, too thousand acres of woode, fyve thousant acres of furse and hethe, and fortie pounds of rent, with thappurtenances, in Sampford Courtney, Challegh, Whitford, Kenne, Musbury, Farway, Whitwell, Whympell, Ballyford, Norton Dawney, Cornwoode, and Dowlton, aforeseid, in the seid Countie of Devonshere; Also the manors of Peryton and Cabbelond, and thrertie (sic) meses, thre hundred acres of lond, oon hundred acres of medowe, thre hundred acres of pasture, thre score acres of woode, foure score acres of furse and hethe, oon wyndmyll, and fortie shelyngs of Rent, in Peryton and Cabbelond aforeseid, withyn the Countie of Somerset, by severall writts of Entrie in the post, as in the Recordes of the same plase more at large apperithe, to the only use of us, the seid Countes, and of our heires, in Fee for ever more, for the performans of the last will of us, the seid Countes, by vertue of whiche Recoveries the seid Bischopp of Wynchester, and the seid other Co-recoverors with them before named, enteryd into the seid manors, londs and tenements, and other the premisses, and theirof were seased in their demesne, as of fee; and so seased, the same Byschoppe of Exceter, John Speke, Lewys Pollard, Knyghts, and William Merwood, died theirof seased, and the seid Richard, Byschoppe of Wynchester, and John Cayleway them overlevid, and held them in the premises, and thereof be now seased in their Demesne, as of Fee by survyvour, to the use of us, the said countes, and of our heires; and so beyng seased, we, remembryng and consideryng our selfe mortall, as all other persons be, and muste departe and chaunge this transitory lyfe, but what tyme certen to us and all other is unknowen, and therfore hit ys necessary for every wyse man and woman to ordeyn for their Sawles, and while they be here in this present and transitory lyfe, and this in soche tyme and season as they be in helthe of body and perfytte mynde, we now be (sic) in bodely helthe and perfitte mynde, laudyd be all myghtye God, make and declare our last wyll of and apon the foreseid manors and other the premisses, in manner and forme hereafter followyng, that ys to say; that the seid Bischoppe of Wynchester, and John Colyton, now levyng, and every of them, their heires and assignes, shall peseable suffer Henry, Lord Marquis of Exceter and Erle of Devonshire, our derest and welbelovyd Sonne, whom we ordeyn and make our Soule and only Executor, to resceve, perceve, levy and take, after our decesse, all the issues, revenues and profytts commyng and growyng of all the seid manors, Londs and tenements, and other the premises, and to dispose the same ysues, revenues and profytts, in forme followyng, that ys to sey; what parcel of the ysues, revenues and profits commyng and growyng of the premisses to bryng (sic) our body, in convenyent tyme aftar hit ys dedde, honorably in the yerth, as hit schall beseme and becom our estate and degre to be, and our body to be buridd in the new Chapell lately edefyed and bylded in the southe syde of the churche of Seynt Peter, of Tyverton, in the countie of Devonshere aforeseid, with all soche solempnyties and necessary requisits, as it appertenythe to the same

our estate to have.

And furder, we wyll that all our councellers, housold servaunts and officers belonging to us and our seid sonne, to have ayens the same day of our bereall every of them a blacke gowne or cote, everyche after their degreys, to be boughte of the yssues, Revenues and profytts of the premisses, yf hit may covenyently and resonably be hadd ayens that tyme, and yf not, then at the monethes mynd. And also, that all and every of our housold servaunts, beyng then at the tyme of our decesse in our wages, and wilbe (sic) rulyd and advertysed by our seid sonne, shall have from the day of our decesse oon houle yere is (sic) wagys; excepte soche of our seid household servaunts in wages as shall please our seid sonne to retayn and accepte to hys service, from that tyme of our decesse, for the yere then immedyatly next followyng the same. Also, we wyll a stondyng household for our seid housold servaunts, beyng of good conversacion, and in wages, and wilbe advertysed by our seid Sonne, to be hadd and kepte in lyke ordynate maner as ys now kepte consernyng mete, drynke, and loggyngs, accordyng as shall become soche a Countes servaunts to have, by the spase of oon moneth immedyatly next after our decesse, with the issues and profitts of the premisses; and with the issues and profytts of the resydew of all the manors, londs, and tenements of the seid Erledome of Devonshere, yf the money in our Cofers, then at the same tyme of our decesse remaynyng, wyll not extende to the performans of the premisses. Furdermore, we wyll that our seid sonne and hys executors shall yerely take of the yssues, revenues, and profytts of the premisses, as moche as shall amownte to the clere yerely valor of oon and twenty pounds sterlyng, for the stypend, wages and fyndyng of thre honest prests; tyll soche tyme as so moche londs and tenements, amountyng to the clere yerely valour of oon and twenty pounds, clerely above all charges and reprises, with soche other londs and tenements as be provyded and optayned all redy for the same entent and use, be by our seid sonne, hys heires or executors, purchasyd, optayned, and hadd. And the same londs and tenements, by hym or them so to be purchasyd or optayned, except londs and tenements to the clere yerely valew of twenty Shelyngs, parcell theirof, schalbe to the seid use and entent, for the contynuall fyndyng of the seid thre prysts for evermore of the whyche thre prysts too of them were ordeyned and appointyd by the last will of the lord Edwarde Courtney, late Erle of Devonshere, to synge or say masse in the Paryshe Churche of Seynt Peter in Tyverton, aforeseid, or in the Chapell of our blessyd Lady, stondyng in the churche yearde without the Churche aforeseid; and the other pryste, that ys to sey, a thred (sic) pryst, we, the seid Countes have by this our present last wyll appoyntyd and ordeyned, to soche use and entent as hereafter in this present wyll schal be expressyd. And the seid londs and tenements to the clere yerely valew of twenty shelyngs, parcell of the seid londs and tenements of the clere yerely valew of oon and twenty pounds, to be for the contynuall fyndyng of wax, bredd, and wyne, for the same prysts to synge withall: the whiche thre prysts and every of them to be electe, chosen, namyd, and assigned by our seid sonne duryng hys lyfe, and by hys heires after hys decesse, yf hys seid heires be then of full age and yf hys seid heires be then wythyn age, then by the executors of our seid sonne. And after the decesse of our seid sonnes executors, yf hys heires be then wythyn age, then by John, Byschoppe of

5 See Dr. Oliver's notice of this chapel, long since destroyed, in his Ecclesiastical Antiquities in Devon, vol. ii. p. 105.

Exeter, and hys successors, for every tyme and as often as the heires of our seid sonne schall happen to be withyn age, and none Executors of our seid sonne onlyfe; and so from tyme to tyme when eny of the seid three prysts decessythe or voidethe. Moreover, we wyll that the seid thre prysts schall dayly synge or say three masses in the seid too chapells in Tyverton aforeseid, yf cause resonabyll, lawfull, and necessary be not had and made of trothe to the contrary for excuse of the same; of the whiche three masses deyly to be seid in manner and forme aforeseid, we wyll that oon of the seid thre prists, dayly duryng their contynuans and perpetuyte, schall at eight of the clocke in the mornyng yn the new Chapell aforeseid, lately edyfyed and bylded, synge or say masse, and the seid pryst, that schall dayly synge or say masse in the new Chapell aforeseid, schall apon the Sonday say masse of the Trenyte; every munday masse of Seynt Kateryn; every tuysday masse of Seynt Thomas of Canterbury; every Weynesday masse of the fyve wonds; every Thursday masse of Corporis Christi; every Fryday masse of the name of Jhesu; and every Saterday masse of the Assumpcion of our Lady; Except in the foreseid days, or in ony of them, fall soche fests of the yere as be callyd festa principalia or majora duplicata; in everyche of the whiche Fests, apon what day soever it fall, the seid pryst schall sey masse of the Day. Also the seid prysts schall oon day wykely come together in the seid new Chapell, and at the Tombe where the seid Cowntes body schall rest, and their to sey together, yf they be at home and have none lawful impediment, Dirige and Commendacions, Dirige with nine lessons, excepte the tyme of Ester; and, in the mornyng followyng, they or two of them to sey the seven Salmes and the Latnie, with the comen suffrage followyng; and, that done, oon of them to sey forthe withall a masse of Requiem, in the seid Chapell where the Body of the seid Countes schall remayn and abyde. And also, that all and every of the seid thre prysts, after the Gospell at every tyme when they say masse, at the furst lavatory at the auters ende, schall sey de profundis, with the Collec of fidelium for the Soules of the late Kynge of Inglond and of Fraunce, of famous memorie, Edward the Fourthe, our Father, and Elizabeth his wyfe, our moder, late Quene of Englond, and for the Soules of the seid Lord Edward Courtney, and the aforeseid Lord William Courtney, his sonne, our late husbond; and for the Soule of Margaret, late wyfe of Henry, Lord Herberd, our doughter, and for our Soule, and all Crysten Soules, and for the good preservation, helth, good and prosperous estate of our seid welbelovyd Sonne, of Henry, Lord marques of Exceter and Erle of Devonshere, longe to endure, to Godds pleasure. Moreover, we wyll that our seid Sonne schall duryng hys lyfe, and hys heires after hys decesse, for evermore, fynde thre poure honest men dwellyng withyn the Towne of Tyverton, to knele or sytte aboute our Tombe dayly, duryng the tyme and spase of the seyng of the seid thre masses, they to help the seid three prysts to masse, and also they to pray for the Sowlys afore rehersed, and for the good and prosperous estate of our seid Sonne; and that every of the seid thre pour men to have, for and towards their levyng, every of them eight pense by the weke, to be levyd and takyn by our seid son of the revenues and profyts of the premisses, unto the tyme our seid Sonne, his heirs, Executors or assigns, have purchasyd Londs and Tenements, for the

6 John Voysey, appointed bishop 1519; he resigned in 1551.

Contynuans of the seid thre pour men, for ever, for their seid Wagys. And yf hit happen our seid son, or hys heirs hereafter, do purchase Londs and Tenements, whereof their may be levyd too shelyngs by the weke, wekely, for ever, and the same Londs and Tenements so purchasyd to be mortysed, fownded, or made sure and perfytte by the Law for evermore, for the seid thre powre men towards their levying, in manner and forme aforeseid, then the said some of eight pens by the Wyke, for every of the said pour men, nor any parcel thereof, to be from thensforth levyd of the revenues of the premisses, ne of eny parcell thereof, but that the premisses be clerely from thensforth theirof dischargyd, and every parcell thereof the same thre poure men to be named, electid, chosen, and assigned, in manner and forme as before ys rehersed of the seid thre prysts. And over thys we wyll, that yf any of our Servaunts, or of our Sonnes Servaunts, or of ony of our heirs servaunts, herafter happen to fall in decay, by casualty of warres or otherwise, and be whyll (sic) to come to churche and pray, that then they to be prefarryd before ony other to the seid levyng of eight pens awyke, yf thye (sic) wyll to pray for the soules afore rehersyd; and yf hyt happen ony of the seid prysts or poure men, after they be so prefarryd, fall in decay and not abill to serve, yet they to have their houle wages as before ys seid. And furdermore, we wyll that our seid sonne, hys heirs, executors or assignes, with the ysues, Revenues, and profytts of the premisses, schall content and pay all soche detts as by us shall be dew to ony person or persons, at the tyme of our dethe, dewly provyd before our seid sonne, his Executors or assignes, wythyn tyme convenient after our decesse. And furder, we wyll that he see this our present wyll in every behalfe well and trewly performyd and fulfillyd; and in his or their so doyng geve hym Godds blessyng and ours. In witness wherof we, the seid Countes, to this our present last Wyll indentyd have put our Seall and Sygne manuell. Thes Witness, George Speke, knyght; Humfrye Colles, Esquyer; Richard Haydon; Thomas Spurway and other. Datyd the second day of May, the XIX. yere of the raignof our Soveraign Lord, Kynge Harry the VIIIth. [1527.]

(Seal Lost.) 7

(Endorsed.) Be hyt knowne to all men that this dede was sealyd and delyveryd, in the fest of Seynt Michell th'archangel, the XIX. yere of the raign of Kyng Harry the VIIIth., in the presens of George Speke, Knyght; Peter Carsley, Clarke, Doctor of Dyvynyte, and Chanon of Exeter; Humfrie Colles, Esquyer; Richard Haydon; Thomas Spurway; Harry Strete, Serjant-at-armes; George Jefforon, yoman of the Kyngs Gard, and many

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The foregoing will of a princess of the blood royal, allied to one of the most noble families in the realm, must be regarded as a valuable accession to the class of Testamentary Documents, deservedly held by the historian and the antiquary as of high interest. It is unnecessary here to enter upon any particulars of the history of the countess, since we can refer our readers to the agreeable narrative, recently produced by an accomplished writer, in her interesting "Lives of the Princesses of England. We regret that Mrs. Everett Green had not been made acquainted with the existence of the will under consideration, previously to the publication of her last volume. We must here express our obligation to the courtesy of the Viscount Courtenay, through whose kindness this curious document was first made known to the Institute.

There was, no doubt, another, and probably contemporaneous, instrument, viz. her testament, disposing of her goods and chattels; for this will relates only to her lands and other property of that kind. Having been made before the statute of Hen. VIII., which first enabled persons generally to dispose of their lands by will (the previous power to do so having been confined to a few cities and towns), the instrument is in the form of a deed, and is in fact a declaration of the uses and purposes that she wished should be carried into effect as to those manors, &c., which are mentioned to have been vested in trustees for her use, and for the performance of her last will. By such means it was that lands were indirectly subjected to alienation by will before they were legally devisable. The recoveries were peculiar to the occasion. They imply that the manors, &c., had been entailed, and the object of them was to bar the entail, and vest the fee simple of the estates in trustees for her use. A recovery was a fictitious suit, resorted to for the purpose of barring entails. It was originally an action brought on a feigned title against the tenant in tail: who by collusion made no defence, and the successful plaintiff was called the recoveror, and acquired the property freed from the entail. It had, before the date of the will above given, become a recognised mode of effecting its object. The writ generally used in such proceedings was called a writ of entry in the post from certain words contained in it; and there were always as many writs and recoveries as there were counties in which the entailed lands lay. Unlike a testamentary gift of chattels, this will did not require probate; and therefore it accompanied the title deeds of the manors.

The autograph of the Princess, of which a representation is given above at the commencement of her will, placed as it occurs in the original document, is not easily to be deciphered. Mrs. Everett Green has suggested that the true reading is-Katryne Devōs'e: the long s. in the latter word, having the usual mark of contraction, which would give the reading, in extenso,-Devonsere. Sir Frederick Madden prefers the readingDevensere; and it has been thought that there may be an e. after the t. in the Christian name-Kateryne.

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