Translation of the will of John Yarnall

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(Line1) In the name of God amen /.the xx th daye of Februarye /.1608

and in the fourth year of the reyne of our soveraynge leader

James by the grace of god kyng of grate Bryttaine, France

and Ireland, defender of the Faith / and c / I John yearnolde

(Line5 ) of the parysh of Hadsor , wythin the dyocess and Countye of worcer

yeoman, sycke in body, but of good and perfecte memorye gods

name be praysed forer yt, doe make and ordeyne, this my laste

wyll and testament / in maner and forme followyng/ Fyrste I

comend and bequeathe my sowle into the hands of almightye

(line10) god my maker and to Jesus christ my redeemer , and the holye goste

my sanctifyer, three persons and one god, in sure and certayne hope

of the forgyvenes of my synnes, by the death and pernyous
bludsheeding of christe Jesus , and of a moste Joyfull and happye
Resurrection, at the laste days / And my body to be buryed wythin
(line15) the parysh church of Hadsor soe neare to the bodyes of my Father and
my wyfe as maye be, upon whose bodye I wyll that my executrix

shall cause to be layde a fayre grave stone, with thys supscyp-
-tion engravede in Brass / Here lyethe the bodye and bodyes of
John yearnolde, sonne of John yearnolde and Elynor hys wyfe
(line20) the daughter of Richarde Gower of Hadsor Gentylman and
And for those landes and goodes, wherwith yt hathe pleased god
to blesse me / I wyll and my wyll yt to dispose them / as follow-
-eth / Firste in regarde of the disobedyence , and untowarde
disposicion of my eldest sonne , Gower yernold / I wylle

(line25) begynne with my seconde sonne, frannces yernolde / who
I comend and comytt to the tuicion / Educacon and government of
hys uncle Thomas Gower of droytwyche gentylman /
and by hym to be brought upp disposed and governed hopying that
he wyll have a godlye care over hym / And I doe gyve and
(line30) bequeathe to the sayd Frannces my sonne and to the heyres
males of his body lawfully to be begotten /for ever All
those my landes lyeng within the paryshe of marten hosingtre
Comonly called by the name of marten Fyeld with all howses
edefyces and buyldinges, upon the same or any parte there-
(line 35) -of erected and buylded and all other rents, duetyes yssues and

?, to the same or any part thereof belonging or in

anye wyse apperteyninge / And for want of such yssue of

the said frannces, to returne to the hyres males of gower

yernolde my sonne / by hys second wyfe/ yf he marry

? suche / And want of such yssue of the said Gower

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(line1) to the right hyres of me the said John yernolde / Alsoe I

doe gyve and bequeathe unto the said Frannces my sonne,one

fetherbedd, wyth the furniture thereunto belonging/

the said furniture, and the reste not hereafter bequeathed to

(line5) be devyded into three equal partes, soe fuore furthe

as my said beddes and furniture shall extende/ between

my said three chyldren / at the oversight and discrecone of my over-

-seers / Also I doe comend and comytt , to the tuicone educa-

-cion and government of the foresaid Thomas Gower gent.

(line10) my daughter Jane yernolde , And I wyll and my wyll ys

that the said Jane , shalbe skuled ,guyded and governed, aswell

in hyr bringing upp/ as in disposing of her selfe

in mariage, by the advyse and direction of the said Thomas

gower hyr uncle /And John dekes my overseere / And

(line 15) I wyll and my wyll ys , that the said Jane my daughter,

shall have holde occupye and enoye , all my landes lyeng

and being within the severall paryshes , of hadsor hand-

burye St peters, and doderhyll /after the Rate of

fortye poundes by yeare / with all the rentes yssues

(line 20) and ? thereof , Afore and during the terme of suche

and soe many yeares, after my departure out of thys lyfe

untyll the said Jane shall and maye truely and justlye

satisfye consent and paye unto every person , and persons

all and everye suche some and somes of money and othere

(line25) duetyes as shalbe truely proved I owe and stande in

dettes to anye one / And that the said Jane shall and maye

consent and satysfye, all and every suche bequeste, and legacyes unto

everye person and persons , as by this my laste wyll and Testament

ys or shalbe gyven or bequeathed , And further untyll

(line 30) the said Jane shall and maye ? and truely rayse and gather

unto hyr selfe for hyr porcon , out of those my said landes

over and besydes these my said bequestes, the full and whole some

of twoe hundreth poundes, of current englishe monye

at the overseers discrecon and judgement of my overseers,

(line 35) or twoe of them at the leaste whereof the said Thomas gower

hyr uncle to be one / And yf the said Gower yernolde my eldeste

sonne doe and leave hys ungodly courses , of swearing

drinking / swaggering and such like then I wyll that the

said Jane my daughter , shall satisfye consent and paye to hym

(line 40) the said Gower the yearly rent and Anuytye of twenty

pounds by year to be payd to the said Gower ?

? ? ? usuall termes or feastes in the year ?

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(line 1) That is to saye the feaste of th annunciasion, of the blessed virgin mary

the feaste of the natyvytye of St John the Baptiste, the feaste of

St michaell th arckangell and the feaste of the natyvyte of our

lord and Saveyour Christe Jesus , by even and equall porcons

(line 5) The said payement to begynne, at suche of the said feastes, as that

followe / being one quarter after my departure out of this life /and to

continue as before ys said, And for non payement of the said years rent

and Anuytye in such sorte as before ys sett downe to the said Gower

I wyll and my wyll ys, that yt shall and maye be lawfull, to and for the sayd

(line 10) Gower, to enter and distreyne upon all and everye parts of my said

Landes, and the distresse or distresses, so taken to leave dryve

and carrye awaye , and the same to deleyvre untyll the said rent or

anuytye, with the Avveragis yf anye to be due shalbe fully satisfy-

-ed discharged and payd according to the true entent and mea-

(line 15) ning of thys my wyll / But if the said Gower my sonne shall

contynue hys badd course Than I wyll that the said Anuytye

of £xx shalbe subtracted and dymynished at the discrecon of

my overseers, or twoe of them at the leaste whereby the said

Thomas Gower to be one, and the said some or somes soe subtrac-

(line 20) -ted or dyminished to be employed by thyre wysdomes and discrecone to the

benyfyte of my other twoe chyldren Jane and Frannces /

Neverthe lesse my wyll ys, that yf Jane now wyfe of the said

Gower my sonne doe dye And that the said Gower, with

the consent of my overseers, or twoe of the at the leaste

(line 25) whereof the said Thomas Gower to be one / shall marrye with an

other woman / that than all my landes, lying in the severall

parishes aforesaid, of hadsor, lyandburye, doderhyll and st peter

after the end and term of the yeares aforesaid, and after the payement

of my dettes legacyes and Anuytye aforesaid shall come and be unto

(line 30) the said Gower yernolde my sonne, and to the heyres males of

hym the said Gower lawfullye to be begotten of such hys

second wyfe / And for want of such yssue , to Frannces my

sonne and to the heyres males, of the said Frannces, lawfully begot-

-ten or to be begotten / and for want of such yssue , to the righte

(line 35) heyres of me the said John yernolde / But yf yt shall happen

the said Jane to lyve , for that the said Gower doe not at anye

tyme during hys lyfe marry with an other woman as aforesaid

than I wyll and my wyll ys, that after the ende and term of

years aforesaid and after the payement and discharge of suche

(line 40) dettes, legacyes porcons And Anuytye aforesaid , All my said landes

lyeng within the paryshes of gadsor , handburye doderhyll and

St peters , aforesaid shall discend and come to frances yernolde

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(line1) my sonne and to the heyres males of the bodye lawfully begotten or

to be begotten fore ever, And for want of such yssue to the righte

heyres of me the said John yearnold / The said Frannces my sonne or

such other my hyres , as shall enioy the said lande, alweyes holding

(line 5) and payeing to the said Gower yearnold my sonne the yearly rent

and Anuytye of £xx in such sorte as yt before sett downe, /And

yf yt shall fortune the said Gower my sonne to dye, within the

yearres or terme before mentioned , than my wyll ys that the

said yearlye Anuytye of £xx shalbe payde to my overseers , Thomas

(line 10) Gower and John dekes, tyll the same shall amounte unto the full

some of one hundred marke to be by the employed, to the best

coste and benyfyte of Elynor yearnolde , daughter of the said Gower

yearnolde / And yf yt shall fortune the said Gower to lyve

to the end of the yeares and term aforesaid , Than my wyll ys,

(line 15) that my heyre who shall enioy the said landes, shall paye to my

said Frendes, to the use of the said Elinor, the some of £x to be by

them employed, to the beste coste and benyfyte, fore the raysing of a

stocke for the said Elinor / Also I doe gyve unto the sayde

Gower yearnolde my sonne, one featherbed with the furni-

(line 20) -ture there unto belonging , soe farr as all my said furni-

-ture, shall extend to be devyded In three equall partes, to

my said three chyldren not herein otherwyse disposed , at the

oversight and discrecon of my overseers , as ys aforesaid, in my

like bequeaste to frannces my sonne / Alsoe I gyve and

(line 25) bequeathe to Elysabeth wythnall my mayde servant, the

some of three poundes of Currant English money, to

to be payd unto hyr by my Executrix wythin twelve monethes

after my depture out of this life, Alsoe I doe gyve and

bequeathe unto the said Elisabeth one sheepe , to be delyvered

(line 30) unto hyr by my overseers or twoe of them / Also I doe

gyve and bequeathe to the said Elisabeth my featherbedd wych

was brought fro worcester , with one payre of sheets one

bolster, and one dowble blankett , One lyttle thyne Coverlett

Also I doe gyve and bequeathe, unto every one of my god-

(line 35) children who shalbe lyving at the daye of my death two

shillinges sixe penye to be payd unto every of them by

my executrix / And I doe gyve and bequeathe to Richard

lett my servante, one sheepe to be delyvered unto hym

by my overseers, or two of them / And to Elisabeth the

(line 40) wyfe of John pattricke, I doe lykewyse gyve and bequeath

one sheepe to be delyvered as aforesaid by my overseers

And I doe wyll and my wyll ys, that this my laste wyll

shalbe confyrmed, eyther by deade of entry be or otherwyse

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(line 1) As by learned Counsell in the lawe shalle devysed

advyser , according to my true entent and meaning herein

sett downe, affore the last and surest perfourmance hereof , And

I doe gyve and Bequeathe to the poore of the parysh of hadsor

(line 5) xxs .And to the parysh Church of hadsor xxs And to the re-

-payre of the wyndowe in the lower end of the church and the

Otasfordes Armes in glasse , other xxs / I doe make and orda-

-yne, the said Jane yearnolde my full and sole executrix to

doe perfourme and execute, this my wyll ,and every clause

(line 10) ? and bequeathe , therein conteyned , according to the law

entent and meaning thereof / And to hyr the said Jane my

daughter, my Dettes funeralles and legasyes discharged

I doe gyve and bequeathe the reste of my goodes, Chattels and

Cattelles, herein not bequeathed or disposed / And I doe

(line 15) desyre my Brother in law ? Thomas Gower of droyt-

-wyche aforesaid and my kinsmen / George wynnes parson of

hadsor, John smarte of worcester , and John dekes of

Claynes , to be overseers of thys my wyll and testament, and to

see that the same be iustly and truely performed, who I doe

(line 20) ordayne Afore my laste wyll , prevoking, all other wylles wersoe

ever, heretofore by me made or entended , And I doe

gyve to everye one of my overseeers severne shyllingses, as

a token of my love, to be payd to each of them by my exequtrix /

And I doe desyre my said frendes , that they wolde have a

(line 25) faythfull care over my Chyldren / as my truste ys in them

In wytnes whereof , I have herewith sett my hande

and seale , even the daye and yeare first above written.

John yearnolde

These being wytnesses /

George Winnes

margarett ?

John holden , his mark

Jane yernolde

Elisabeth wythnall/.

notes

James vi of Scotland became James 1 of England in 1603.

A mark was 160 pence (not a coin ) but in common usage .

£100 in 1608 would be worth about £12220 in 2002.

Family Tree

From Johns will made in 1608 he appears to have been the son of another John Yearnold (page 1 line 19) .

John had a wife Elynor who seems to have died before he made the will (page 1 line 19).

Elynor's father was Richard Gower (Page 1 line 20) who also had a brother Thomas

(page 1 line 28).

John had 3 children Gower (the first son)(page 1 line 24), Frances (the second son) (page 1 line 25) and Jane.(page 4 line 11 )

Gower was married to a woman called Jane (page 2 line 22) and they had a daughter called Elynor.(page 3 line13).

Interpretation of the will.

John wanted to be buried in Hadsor churchyard near the bodies of his father and wife.

He seems to be displeased with the behavior of his son Gower who was accused of swearing, drinking swaggering etc. so he left his lands in Marten Hussingtre to his second son Francis. If Frances had no male heirs the land would pass to the male heirs of Gower's second marriage i.e if Gower was to marry again. Francis was about 15 at the time so he was to be brought up by his uncle Thomas Gower.

Johns daughter Jane, who was about 18 at the time the will was made, was also to be brought up by her uncle Thomas Gower. She was to "have hold occupy and enjoy" so possible not own Johns land in 4 parishes i.e hadsor, lyandburye, doderhyll and st peter.I think the will indicates that the lands will produce £40 income per year . Jane will use this to pay for the legacies, bequests debts etc and also accumulate £200 for herself.After this the land would pass to Gower or Frances subject to the conditions as follow.

If Janes brother Gower was to "mend his ways" Jane was to pay him £20 per year. Payments would be on a quarterly basis payable on 4 religious feast days. If payment was not made Gower could enter the land to recover the value of the payment. If however he did not improve his ways the £20 annuity was to be used for the benefit of Johns two other children Frances and Jane.

If Gower's wife Jane was to die and he remarries then the land which Johns daughter Jane inherits goes, after a number of years which is not clear in the will, to Gower and hence to the male heirs of him and his second wife. If there are no such heirs then the land passes to Frances or his male heirs.

If Gowers wife Jane lives and Gower does not remarry the land passes to Frances.

If Gower dies the £20 annuity paid I assume by Jane would go to the overseers until they had 120 marks (about £66) this money was then to be used for the benefit of Gowers daughter Elynor.If Gower lives the landowners would pay £10 to by a stock for Elynor.

Gower and Francse were each left a featherbed and the rest of the furniture not willed elsewhere was to be divided between Johns three children.

Johns servant Elizabeth Wythnall was to get £3 , a sheep, and a featherbed with covers etc which had been bought in Worcester.

Johns servant Richard Lett was to get 1 sheep as was Elisabeth wife of John Pattricke

Any godchildren living on the day of his death were to get 2/6d.

The poor of the parish of Hadsor were to get 20s.

20s also went to Hadsor church to repair a window showing the "Otasfordes Arms?"

Johns daughter Jane was appointed sole executrix.

Thomas Gower, George Wynnes, John Smarte and John Dekes were appointed as overseers and were to be paid 7s each.