17 July 2020
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The will of Edward Colston from the Prerogative Court of Canterbury collection on TheGenealogist.co.uk
As regular readers of Family Tree may know Dave Woolven is a keen transcriber of wills. With the exploits of Edward Colston in the news in recent weeks he decided to transcribe Colston's will, dating from the early 1700s.
Dave Woolven writes:
Two points struck me particularly. The first was his requirement that many of his beneficiaries had to take on the name Colston in order to be eligible for their inheritance. The second a brief mention of ‘my two men servants Arthur and John and my two women Alice and Black Mary’. All four be slave-servants. Everyone else in the will has both Christian and surname. History reports that Colston it seems shipped 84,000 slaves to the Caribbean, 20,000 died in transit – and just a handful are mentioned in his extensive 14,521 word will.
Here is my transcription of Edward Colston's 14,000 plus word will:
In the name of God Amen I Edward Colston of Mortlake in the County of Surrey being in good bodily health and of sound mind and memory praised be God for it do make declare and publish this my last Will and Testament following. First I committ my Spirit to God who gave it and my body to the earth from whence it was taken to be decently buried in All Saints Church in the City of Bristoll in the grave of my ancestors in the evening without any manner of pomp or ostentation save only that my corps shall be mett at Lawfords Gate by the poor men and women of my almes house on St Michaells Hill and also by the poor boys of my hospitall on St Augustines Back together with the six old seamen maintained by me in the Merchants Almeshouse in the Marsh as likewise by all the boys of the Charity School in Temple Street cloathed and taught by me and from thence accompanyed by them to the aforesaid church directly and there interred with the whole Buriall Service contained in the now Comon Prayer book. And for the worldly estate wherewith it hath pleased God to bless me I do dispose thereof as followeth. Whereas before and upon the marriage of my nephew Edward Colston with Mary Debert I settled severall messuages lands tenements fee farm rents and other hereditaments in such manner as that after the decease of him and Mary his wife without issue male between them begotten the same would revert and come to me and my right heires forever. And whereas after the marriage of my said nephew I settled severall other Mannors messuages lands fee farms rents and other hereditaments in such manner as that part thereof would immediately after his death without issue male between them begotten also revert and come to me and my right heires for ever as by the settlements will appear. And whereas my said nephew’s since dead without issue male leaving issue one daughter only named Sarah. Now I do hereby give and devise all and every the said messuages mannors lands tenements fee farm rents annuities and other hereditaments which were so by me settled as aforesaid to Thomas Edwards the elder of the City of Bristoll Esquire Thomas Edwards the younger of the Middle Temple, London Esquire Francis Colston of Bristoll, merchant Henry Hoare of London goldsmith and Robert Carr late of the City of London mercer and their heirs to the use of them and their heirs forever but in trust for my said grand neice Sarah the daughter of my said nephew Edward Colston for the term of her naturall life. And in case she shall marry and her husband shall within six months after such marriage take upon him the surname of Colston then in trust for all and every her son and sons lawfully begotten severally and successively as they shall be in priority of birth and for the heires male of the body and bodies of all and every such son the elder of such sons and the heires male of his body being preferred to take before the younger of such sons and the heires male of his and their body & bodies issuing such son and sons and his and their heires male severally after each of them shall respectively take by vertue of this my Will taking on him the surname of Colston and in all letters and writings stileing and writing himself Colston after his Christian name. And in default of such issue or in case her husband or any issue male of his body on her begotten shall neglect or refuse to take upon him the surname of Colston then in trust for all and every the daughter and daughters of my grand neice Sarah Colston as tenants in comon and not joynt tenants and for the heires of the body and bodies of all and every such daughter and daughters. And in case any of them shall dye without issue then in trust for the other and others of them and the heires of her and their body and bodies issuing but upon condition that the husband and husbands of such daughter and daughter severally within six months after marriage take upon each of them respectively the surname of Colston. And in default of such issue or in case such husband or husbands shall not take upon him or them the surname of Colston then as to one moiety of the same premisses in trust to permitt and suffer my kinsman Francis Colston for and during his naturall life to receive the profitts thereof for his own use and in trust to preserve the contingent remainders hereinafter appointed from being destroyed. And from and after the death of my said kinsman Francis Colston then in trust for the first second third fourth fifth and all and every other son and sons of the body of my said kinsman lawfully begotten or to be begotten and the heirs male of the body and bodies of such son and sons lawfully issuing the elder of such son and sons respectively and the heires male of his body to be preferred and to take before the younger of such son and sons and the heires male of his and their body and bodies respectively. And in default of such issue in trust for all and every the daughter and daughters of the said Francis Colston begotten and to be begotten and the severall heires of the body and bodies of such daughter and daughters respectively not as joynt tenants but as tenants in common. And for default of such issue then in trust to permitt and suffer my cousin Mary now the wife of the said Thomas Edwards the younger to receive the profits during her naturall life and in trust also to preserve and support the contingent remainders herein after limitted and appointed. And from and after her decease then in trust for the first son of my said neice Mary Edwards begotten or to be begotten and the heires of the body of such first son lawfully issuing. And for default of such issue then in trust for the second third fourth and all and every other son and sons of the body of my said neice begotten or to be begotten and the heires of the body and bodies of such son and sons severally as they and each of them shall be in seniority of age and priority of birth the elder of such son and sons and the heires male of his body to be preferred and to take before the younger and the heires male of his body. And for default of such issue then in trust for all and every the daughter and daughters of my said neice Mary Edwards begotten and to be begotten and the severall heires of the body and bodies of such daughter and daughters respectively not as joynt tenants but as tenants in comon. And afterwards in trust for my right heires. And as for and concerning the other moiety of the same premisses in trust to permit my said cousin Mary Edwards to receive the profits thereof during her life but nevertheless in trust also to preserve the contingent remainders after limitted and appointed. And from and after her death then in trust for the first second third and all and every her son and sons begotten and to be begotten and the heires of his and their body and bodies severally as they shall be in priority of birth the elder and the heires of his body being always preferred before the younger and the heires of his body. And for default of such issue in trust for all and every the daughter and daughters of my said cousin Mary Edwards begotten and to be begotten and the severall heires of their bodies respectively not as joynt tenants but tenants in comon. And in default of such issue then in trust for my said cousin Francis Colston for and during the term of his naturall life. And upon trust also to preserve the contingent remainders after appointed. And from and after his decease upon trust to be by them my trustees settled to for and upon the same uses trusts ends intents and purposes as I have herein before limitted devised and declared touching and concerning the other moiety first above mentioned. And for default of such issue then to my right heires. Item whereas I have lent severall sumes of money at interest and may hereafter have more such securities now for preventing all inconveniencies that may hereafter happen by reason of the mortgages being made to me and my heires defeazible upon payment of the money lent with interest in case the legall interest of such mortgages should descend to any person who by reason of his minority may be incapable of transferring the same I do hereby devise all such lands and mannors so mortgaged or which shall be mortgaged to me and the legall interest thereof unto the said Thomas Edwards the elder Thomas Edwards the younger Francis Colston Henry Hoare and Robert Carr and their heires but nevertheless in trust to receive the moneys due thereon and that the moneys thereby secured may be applied and remain to the same uses ends and purposes and to be transferred and conveyed as the other parts of my personall estate are appointed and directed. Item I devise all that fee farme rent of twenty one pounds and eight shillings issuing yearly forever out of the Rectory of Ivenho and all that fee farme rent of nine pounds payable yearly forever out of the Rectory of Swinburne both in the County of Bucks and all that annuity or yearly sume of one hundred pounds by me lately purchased of Robert Thorowgood payable out of Thornbury Parke in the County of Gloucester to the said Thomas Edwards the elder Thomas Edwards the younger Francis Colston Henry Hoare and Robert Carr and their heires upon trust to be by them settled on my grand neice Sarah Colston and her first and other sons she and they taking on them the name of Colston and afterwards for my said cousin Francis Colston to the intent he may receive the same rents during his life. And from and after his decease in trust for all and every his son and sons lawfully begotten in taile male the eldest of such son and sons respectively and the heires male of his body to be preferred before the younger and the heires male of his body. And afterwards in trust for such subsequent uses ends intents trusts and purposes as I have herein before limitted and appointed my said messuages and lands settled on the marriage of my said nephew Edward Colston. Item I give and devise all that my Mannor of Steathall in the County of Essex and all other my lands tenements and hereditaments in the same County to my kinsman Robert Carr the younger his heires and assignes forever. And whereas by the settlement made on the marriage of my said nephew Edward Colston deced with the said Mary his late wife there is a provision made that in case my said nephew should dye without issue male leaving one or more daughters who shall live to attain the age of eighteen years or be married that then the mannors lands rents and hereditaments therein mentioned should stand charged with the raiseing of the sume of eleven thousand pounds for the porcon of such daughter and daughters payable at their day of marriage or ages of eighteen years with interest therefore after the rate of four pounds p cent p ann to be accounted from the death of my said nephew till such porcon shall become payable. And whereas my said nephew is lately dead without issue male but hath left behind him the said Sarah Colston his only daughter of the age of fourteen years or thereabout and whereas my personall estate will amount to much more than will pay my debts legacies and funerall expences I do hereby direct and appoint my executors hereinafter named and the survivors and survivor of them after my debts legacies and funerall expences shall be paid or well secured and their own charges and expences as well travelling as other charges by them expended or laid out in the execution of the trust hereby in them reposed shall be discharged and satisfied that then they shall and ought as soon as they can conveniently lay out all the residue of my personall estate in the purchase of some mannors lands messuages tenements fee farme rents or other hereditaments in fee simple and imediately after such p’chase settle and assure the same by the advice of good Councell to such uses intents and purposes and upon such trusts as are hereinafter directed and appointed or as near and agreable as may be possible to my intencons herein after declared (that is to say). [Margin note] “Memorandum that these twelve lines were obliterated and blotted out before the said Edward Colston sealed or published this writing to be his last Will and Testament. Witness our hands Jos Edwards, Tho Elliott, Edw Booth, Robt King”. In trust as to one moiety for my said grand neice Sarah Colston for and during the term of her naturall life without impeachment of or for any manner of waste subject nevertheless to the payment of one half part of my legacies and charities herein given which shall be then unpaid and in trust during her life to preserve the contingent remainders. And from and after her decease in trust for the first son of the body of the said Sarah Colston lawfully to be begotten and the heires male of the body of such first son. And for default of such issue for the second third fourth and all and every other son and sons of the body of the said Sarah Colston lawfully to be begotten severally and successively one after another in order and course as they shall be in seniority of age and priority of birth and the severall heires male of their severall and respective bodies the elder of such sons and the heires male of his body being always preferred before the younger of said sons and the heires male of their bodies respectively provided always and my will is that if any person to whom the said Sarah Colston shall be married shall after the space of six months after such marriage use any surname after his name of baptism other than the name of Colston or if any of the heires male of such marriage shall within three months after their possessing of the premisses soe to be purchased use any surname other than the name of Colston such husband shall not have any benefit or advantage of the reall estate or any part thereof nor shall such heir male have any benefitt or advantage of the moiety of the premisses to be purchased as aforesaid which is to be settled on the said Sarah Colston for her life but she only to enjoy the profits thereof exclusive of her husband. And my will is that the refusall of such husband or of such their heir male shall not in any wise prejudice the said estate of the said Sarah Colston for her life. But after her decease the said moiety of the said premisses so to be purchased shall upon failure of issue male of the body of said Sarah or their not complying with the condicon before mentioned be in trust for the daughter and daughters of my said grand neice Sarah Colson to hold as tenants in comon and not as joynt tenants and the heires of the body and bodies of such daughter and daughters respectively. And in default of such issue then in trust that her said moiety shall be equally divided and one half of such moiety shall be in trust and for the benefitt of my neice Mary Edwards for her life subject nevertheless to the payment of one fourth part of my legacies and charities hereby given as shall be then unpaid. And in trust during her life to p’serve contingent remainders. And from and after her decease in trust for the first son of the said Mary Edwards and the heires male of his body. And for default of such issue for the second third fourth fifth and all and every other son and sons of the body of the said Mary Edwards severally and successively one after another in order and course as they shall be in seniority of age and priority of birth and the several heires male of their severall and respective bodies the elder of such sons and the heires male of his body being always p’ferred before the younger of such sons and the heires male of their bodies respectively. And for want of such issue male in trust for the daughter and daughters of my said neice Mary Edwards to hold as tenants in comon and not as joynt tenants and the heires of the body and bodies of such daughter and daughters respectively. And as to the other half of my said grand neice Sarah Colstons moiety my will is that it shall be in trust for the said Francis Colston for life subject nevertheless to the payment of a quarter part of my legacies and charities hereby given as shall be then unpaid. And in trust during his life to p’serve contingent reminders. And from and after his decease in trust for the first son of the said Francis Colston and the heires male of his body. And for default of such issue for the second third fourth fifth and all and every son and sons of the body of the said Francis Colston severally and successively one after another in order and course as they shall be in seniority of age and priority of birth and the severall heires male of their severall and respective bodies the elder of such sons and the heires male of his body being always preferred before the younger of the said sons and the heirs male of their bodies respectively. And for want of such issue in trust for all and every the daughter and daughters of my said kinsman Francis Colston as tenants in comon and not as joynt tenants and the heires of the body and bodies of such daughter and daughters respectively. And as to the other moiety of the p’misses so to be purchased as aforesaid my further will is that it shall be equally divided and one half of such moiety shall be in trust for my said neice Mary Edwards for her life subject nevertheless to the payment of a fourth part of my legacies hereby given as shall be then unpaid. And in trust during her life to preserve contingent remainders. And from and after her decease in trust for the first son of the said Mary Edwards and the heires male of his body. And for default of such issue to the use and behoofe of the second third fourth fifth and all and every other son and sons of the body of the said Mary Edwards severally and successively one after another in order and course as they shall be in seniority of age and priority of birth and the severall heires male of their severall and respective bodies the elder of such sons and the heires male of his body being always preferred before the younger of the said sons and the heires male of their bodies respectively. And for want of such issue male in trust for all and every the daughter and daughters of my said neice Mary Edwards to hold as tenants in comon and not as joynt tenants and the heires of the body and bodies of such daughter or daughters respectively. And in default of issue of my neice Mary Edwards then in trust for my grand neice Sarah Colston and her first and other sons in taile male. And in default of such issue in trust for my kinsman Francis Colston and his first and other sons in tail in like manner as is herein under declared touching the other quarter part of such lands to be purchased. And my further will is that the other half of the last menconed moiety shall be in trust for the said Francis Colston for his life subject nevertheless to the payment of a fourth part of my legacies and charities hereby given as shall be then unpaid. And in trust during his life to preserve contingent remainders. And from and after his decease in trust for his first son and the heires male of his body. And for default of such issue in trust for the second third fourth fifth and all and every other son and sons of the body of the said Francis Colston severally and successively one after another in order and course as they shall be in seniority of age and priority of birth and the severall heires male of their severall and respective bodyes the elder of such sons and the heires male of his body being always preferred before the younger of the said sons and the heires male of their bodies respectively. And for want of such issue in trust for the daughter and daughters of my said kinsman Francis Colston to hold as tenants in comon and not as joynt tenants and the heires of the body and bodies of such daughter and daughters respectively. And if either of such daughters dye without issue then in trust for the survivors if them. And for want of such issue then in trust for my grand neice Sarah Colston for her life and her first and other sons in tail male. And in default of such issue then in trust for my said neice Mary Edwards and her first and other sons in tail male. And in default of such issue to her daughter and daughters in like manner as is herein before declared as to the other fourth part limitted to her and her issue. And in default of such issue to my own right heires forever. And my further will is that the p’mes so to be purchased as aforesaid shall always be chargeable with and subject to the payment of my legacies and charities hereby given untill they shall all be paid off and satisfied in proporcon to the share and shares of every possessor of any part of the said p’misses for the time being. And I will also that in such settlements to be made of such intended purchased lands there shall be such limittacons to such trustees to p’serve contingent remainders to unborn children posthumous children and others and such powers for makeing joyntures and leases as are usuall and as my executors and the survivor and survivors who shall make such settlements shall think reasonable and approve of. Item I give to the hospitall of St Bartholomew in London five hundred pounds. And to Christ Church Hospitall one thousand pounds. And to St Thomas Hospitall in Southwark five hundred pounds. And to Bethlem Hospitall in Moorfeilds five hundred pounds which severall sumes it is my intent and will shall be laid out in lands and hereditaments in fee simple not only as an addition to increase the revenues of each hospitall but also shall be subject and liable to the same trusts and rules by which the said hospitalls are founded and governed. And my will is that none of the said four sumes shall be paid to their respective treasurers till their governours shall have found out and agreed for lands rents and tenements to the value of the sumes herein given and the interest in the mean time to be applied to my personall estate. Item I give to the President and Governours of the Incorporated Society for the Propagation of the Gospell in forreign parts three hundred pounds for the promoting and better carrying on that pious worke and design. And to the Governours of the Workhouse without Bishopsgate one hundred pounds for the benefitt of the poor of that house. Item I give to my cousin Elizabeth Blowen one annuity of twenty pounds p ann during her life to be issuable and payable from the time of my death quarterly clear of all taxes out of the profits of my personal estate. And to her son John Blowen I give the sume of two hundred pounds. Item I give to John Lucie son of Matilda Lucie twenty pounds p annum for two twelve years payable quarterly to commence from my decease (if he shall so long live) and if he shall be living at the expiration of the said tern then I hereby give him the sume of … hundred pounds. Item I give unto Elizabeth Harvey the sume of twenty five pounds p ann payable quarterly for two twelve years to comence from my decease (if she shall soe long live) and if she shall be living at the expiration of the said two twelve years then I give and bequeath her the sume of three? hundred pounds. Item I give unto Sarah Biggs the sume of fifteen pounds p ann for two twelve yeares payable quarterly to comence from my decease (if she shall so ling live) and if she shall be living at the end of the said terme then I give her the sume of … pounds. Item I give to Hester Bowman grand daughter of Martha Kemp the sume of thirty pounds on condicon that she do in all things conforme to the established Church of England. Item I give to my cousin Richard Standfast four hundred pounds and acquit and discharge him from his note to me for one hundred pounds which I lent him. And I give to his daughter Frances three hundred pounds. And to my cousin Elizabeth Sparke one hundred and fifty pounds. And to her sisters Anne Sparke and Isabella Cannon one hundred pounds to each of them. And to my God daughter Mary Stanley one hundred pounds and to her sister Anne twenty pounds. Item I give to Mary the daughter of my cousin Mary Dunscomb (to be for her sole use and her husband to have nothing to do it) fifty pounds. And to my kinswoman Margarett Clutterbuck one hundred & fifty pounds. Item I give to my cousin Elizabeth Carr three hundred pounds and to her son Robert five hundred pounds. To my cousin Martha Kemp twenty pounds and to her daugr Hannah Evans thirty pounds. And to Anne Taylor their sister thirty pounds. And to her son Francis Taylor one hundred pounds. And to my cousin Anne Warren two hundred pounds to be at her disposall and her husband to have nothing to do with it and her rect to be a sufficient discharge for it. Item I give to my cousin Thomas Edwards the elder four hundred pounds. And to his son Thomas five hundred pounds. And to my cousin James Pym five hundred pounds abating out of said sume one hundred seventy six pounds fourteen shillings and ten pence which is due to me by his acct in fo 210 of my leidger and is left in his hands for that purpose. Item I give to my cousin Anne Gascoyn twenty pounds. And to William Jones Minister of Mortlake ten pounds and the like sume to his son Edward my Godson. And to John Colston who was my servant fifty pounds. And to his father Thomas Colston an annuity of five pounds p ann. And to his brother George the like annuity of five pounds p ann to be paid to each of them quarterly during their lives clear of all deductions who are both in my almes house in St Michaells Hill at Bristoll. And to Goodwife Belton three pounds. Item I give to Mary Warren daughter of my cousin Anne Warren one hundred pounds. And to cousin Anne Aldington fifty pounds. And to my cousin Charles Brent Rector of St Walburghs parish in Bristoll fifty pounds. And to Mildred Westwood ten pounds. Item I give to Francis Chute one hundred pounds and to Elizabeth Chute his sister two hundred pounds. To Sarah Ann daughter of my cousin Giles Merrick fifty pounds. And to my cousin Sarah Morley one hundred pounds because she is like to loose so much by Mr Bowyer. To Mary Ellis fifty pounds. And to Joanna wife of Thomas Bennett of Bedminster and daughter of John Batten fifty pounds. Item I give to my cousin Mary Edwards five hundred pounds to be putt out at interest for her use and the interest to be applied as she alone and separate from her husband shall direct and appoint. And after her decease I appoint the said principall sume of five hundred pounds to be paid to her younger daughter Sophia at her day of marriage or her age of one and twenty yeares which shall first happen. Item I give to her daughter Mary my God daughter eight thousand pounds. And I further give to her sister Sophia five thousand pounds which said severall sumes shall be paid to them at their respective ages of one and twenty yeares of day of marriage which shall first happen provided they marry with the consent of their father and mother or the survivour of them or otherwise their legacies to sink into my personal estate. Item I give to Thomas and Margarett Kent son and daughter of Francis Kent of Pollern Wilts whose wife wife was the daughter of Henry Batten one hundred pounds a piece in case I shall not before my death have given them the said sumes respectively. Item it is my will that if any of the aforesaid legatees in this my Will contained dye before they attaine their respective ages of twenty yeares or day of marriage or before my decease then such legacy or legacyes of such dying as are not herein otherwise appointed to be paid shall be void. And I do appoint my executors to place out at interest or continue where they are already placed out all such moneys as I have ordered to be laid out in lands till a purchase can be made and to apply the interest of them to my p’sonall estate for increasing the capitall which I do hereby declare it shall be accounted a part of. And also that the severall legatees shall only have the principall when payable. And it is my further will that all the charities that I have herein given shall be paid out of my personall estate untill such time as the lands that are to be purchased therewith shall be actually bought and settled as before is appointed. Whereas I have covenanted with the Society of Merchants of the City of Bristoll to pay and discharge all taxes by Act of Parlamt on the lands and fee farm rents settled on them for the maintenance of one hundred boys that are to be educated in my hospitall on St Augustines Back of the said City. I do hereby direct my executors to pay and discharge them as long as they shall be charged on them and paid by them in like manner out of said lands fee farm rents or either of them untill they shall have laid out my personall estate in purchases of lands and afterwards to secure the payment of such taxes by and out of some part of the lands purchased as will be sufficient for that purpose in such manner as Councell indifferently chosen shall think fitt and reasonable. And whereas I have ordered sermons to be preached in some of the parish churches of the City of Bristoll every Wednesday and Fryday during the Lent yearly upon severall subjects relating to the Primitive Discipline and Usage of the Church of England such are the Lenten Fast the nature and constitucon of the Catholick Church the Excellency of the p’sent Church of England the censures of the Church viz excommunication penance &c restitucon baptism frequenting the Communion against the Popes supremacy and the errors of the Romish Church confirmation frequenting the publick worship our Saviours meritorious passion confession publick and private absolution publick and private repentance (but because the last of these is a topick very often handled and the two former may be the subject of one discourse for as much as they are inseperably united) instead of repentance superstition and enthusiasm in the room of absolution if it shall be adjudged by the generality of the Ministers of the said City who are to preach those sermons that they will be more beneficiall) which I have continued during my life with an allowance of twenty pounds p annum to such Ministers of the said City that shall preach them together with a sermon each month in the year to the prisoners in Newgate. And also a yearly sermon on the second of November at the Cathedral Church at which my hospitall boys are to be present. Now my will is that the Society of Merchants of the said City shall yearly for the space of three years to be computed from the time of my death pay the said yearly sume of twenty pounds to such Ministers of the said City who shall yearly preach the said sermons by the approbacon of my executors and the survivor and survivors of them. And after their deaths by the nominees appointed in my late settlement for my hospitall in Bristoll for the maintenance of one hundred boys that are poor or the greater number of such nominees so as such Minister do faithfully adhere to and effectually sett forth the use and benefitt of the said subjects. And in case my said executors and nominees or the greater number of them then living shall at the end of three years approve of and be satisfyed that such preaching hath proved beneficiall to the inhabitants of the said City by inclining them to a love and good liking of said institutions of the Primitive Church. Then it is my will and I do hereby direct the Society of Merchants yearly from thenceforth for ever out of the fee farme rents hereinafter devised to them to continue the payment of the said twenty pounds p ann for supporting such preaching in the pish churches of Christ and St Walburgh or any other that shall be found as convenient for the aforesaid purpose and also for the two above named sermons. But if the said Minister shall be negligent in the faithfull performance of what is above appointed and recommended to them then such gift to cease. And I do hereby order the said twenty pounds to be yearly paid to the church wardens of Redcliffe and St Thomas parishes of the said City towards the promoting and maintaining a charity school in each of the said pishes for twenty children at least if the pishioners will raise a fund or contribute so much more as will be sufficient for the teaching them to read write cypher and the Church Catechism. And in default thereof then the said twenty pounds to be yearly paid and distributed among forty poor housekeepers of the said two parishes who do not receive almes and do frequent and conform to the doctrine of the now Established Church. Whereas I have settled the Mannors of Beer and Locking in the County of Somersett in the Master Wardens Assistants and Comonalty of the Society of Merchants in Bristoll towards the maintenance educacon and placeing out apprentices one hundred poor boys which Mannors are agreed by them to be worth and accordinly they have covenanted to make good and expend for the said use the respective sumes of four hundred and fifty pounds and two hundred and fifty pounds yearly when the outgoings which by a schedule annext to their Deed amounts to sixty six pounds fifteen shillings are deducted of which said outgoings they have covenanted to give an acct yearly for the first two yeares. And in that settlement it is mutually agreed that if they exceed the sume aforesaid further provision shall be made for so much as the said sume comes short. Now if they shall duely comply with the said covenant as likewise with a further covenant of accounting at the end of ten years for all fines and casuall profitts made of the said Mannors and for the fifty pounds p annum allowed them for the salary of a Master to teach the boys (which they do not pay him) and shall make good the overplus if any to the stock of the house to make up any contingent deficiencies that may happen to be in the outgoings or otherwise to my executors full satisfaction then my will is that if it shall appear to them that the said two Mannors have not been lett or not produced the above said yearly sumes they are taken for and that by reason thereof the said Society have bona fide been loosers and sufferers in their own income by the aforesaid agreement that then they [Margin note: Memorandum that three lines were obliterated & blotted out before the said Edward Colston sealed or published this writing to be his last Will & Testamt. Witness our hands Jos Edwards, Tho Elliott, Edw Booth, Rob King] shall appropriate to their use out of the remaining part of the fee farme rent of thirty nine pounds seventeen shillings and six pence herein after top them devised (being eleven pounds seventeen shillings and six pence) so much thereof as shall be found to be wanting and necessary to enable them to comply with their said trust so as they may not be losers thereby. And if it shall appear that there is no want of that sume or any part thereof for that purpose then I do direct and appoint that the whole or such part thereof as shall be overplus shall be applied for cloathing the six almes men that are maintained at my charge in their almes house in the Marsh in the same manner as other seamen are there cloathed (but with some particular distinction) and the remainder to the use of my almes house in St Michaells Hill. Item in case the legacies given by this my Will cannot be paid off or discharged within five years after my death by reason of the nonage of any of the legatees or other incapacity whereby my executors may be sufficiently discharged in payment of them then I leave it to the discretion and election of my executors either to continue any of the moneys out at interest or to place out from time to time moneys sufficient for the payment of the legacies untill such legatees shall become capable of receiving and discharging the same or otherwise that such legacies shall be charged on the lands so directed to be purchased and that in such intended settlement clauses be added sufficient to secure their payment accordingly. Item I give to the Masters Wardens Assistants and Comonalty of Merchants Adventurers of the City of Bristoll and their successors forever all the fee farm rent of thirty nine pounds seventeen shillings and six pence issuing for ever out of the Mannor of Shapwicke in the County of Dorsett in trust for the ends intents and purposes following (vizt) First that they shall and will yearly for and during the space of three years next coming after my death and afterwards forever if my executors think fitt pay thereout twenty pounds a year to such Ministers of the City of Bristoll as shall preach every Wednesday and Fryday morning yearly during the Lent a sermon upon the severall subjects which are herein before particularly enumerated in this Will and likewise a monthly sermon in Newgate to the prisoners and also a yearly sermon at the Colledge on the second day of November at which the hospitall boys are to be present upon such condicons and limitacons as are herein before largely expressed whereto I refer because my intencons are herein before more fully signified and also shall pay and apply twenty shillings more yearly for ever to the Minister who shall teach the one hundred boys in my hospitall in St Augustines Back not only to repeat by heart but thoroughly to understand the meaning and use of the p’sent Church Catechism to make up his salary ten pounds a year with what is already setled upon him and likewise to pay seven pounds a year other part of the said yearly rent forever as my particular gift to such Parson in Orders as shall read prayers in the parish church of All Saints in the City of Bristoll every Monday and Tuesday morning in the year and to the Clerk and Sexton thereof in such manner as it hath been used for about forty years last past by the gift of my brother Richard Colston. Item whereas I have lately built six tenemts on the Waste of Sheen in the parish of Mortlake for the poor of the said parish I do hereby give them to the use of such poor as shall be agreed by the Parson Church Wardens and majority of the Vestry of the said parish and their successors to stand in most need of them and will most ease the parish from providing other rooms for them. And I do further give to the use of the poor of the said parish to be disposed of at the Vestry (wherein the Gentlemen inhabiting there are desired to be assistant) twenty five pounds p ann to be paid yearly to the Church Wardens respectively for the term of twelve years to be reckoned from the time of my decease for the teaching twelve poor boys of the said parish to read write cypher and repeat by heart and thoroughly to understand the grounds of the Catechism now used in the Church of England and for providing them with books for that purpose and also cloathing them in the like manner as the same number of boys are now cloathed and educated by me if there be a publick school and a proper Master for that purpose. And I also give twenty pounds a year more to the use of the poor of the said pish of Mortlake to be disposed off in like manner and for the like term of years after my death for the teaching of twelve girles of the said parish to read sew and learn the Church Catechism and for providing them with cloaths and books and that they together with the boys attend the Church prayers three times a week as they now do. But should it so happen that the children of said parish as well boys as girles for whose cloathing and teaching I have made provision should through the neglect of their parents or their own idleness not constantly attend Devine Service at that church on Sundays and to the weekly prayers on Wednesdays and Frydays throughout the year unless hindered by sickness after they have been often admolished of the said neglect. Then it is my will that such children shall not be futurely cloathed or taught. And if afterwards notwithstanding such admonitions by the Minister Church Wardens and Vestry the neglect of attending the church as aforesaid grows so generall that the greatest part of said children as well boys as girles shall abstain therefrom and not duely attend the same then I do hereby revoke and make void the said severall sumes of five and twenty and twenty pounds which I have hereby given for their cloathing and teaching. And I recommend and heartily request the Gentlemen of the said parish to inspect their behaviour relating to the premisses. Item I give to my neice Mary Edwards one of my India chests and also her mothers and sisters pictures that are in my house at Mortlake. Item I give to my grand neice Sarah Colston my other India chest and my two India cabinetts together with all my furniture and household goods to my house belonging. And if the p’son who shall take my house during the remaining term of my lease will not give a valuable consideracon as well for the orange trees as for the greens that are growing in the garden and likewise for the statues I would have them sold if not before done as also the hearths and other things else that I have sett up in the said house that are removeable by my lease or may be taken away and the money that they shall yeild converted to her use unless that of the orange trees and greens if they should be sold by me before but if my said grand neice should die before she is married then it is my will that the same household goods and orange trees or the money for which they shall be sold shall be equally divided between the said Mary and Sophia Edwards daughters of my said neice Mary Edwards and all and every the children of my said nephew Francis Colston that shall be living at my decease. I also give to my said grand neice Sarah Colston my coach horses and coach and chariott that I shall have at the time of my decease. Item it is my desire that my picture that is in the dineing room of my said dwelling house shall be sent to Bristoll imediately after my death and sett up in the school room of my hospitall on St Augustines Back together with my fathers which is now at my cousin Edwards’s house in Bristoll. Item I do impower my said kinsman Francis Colston when he shall be seized of the lands appointed to be purchased by my p’sonall estate as herein before directed to limitt and appoint a jointure to such p’son as shall be his second wife of such parts of said lands as shall amount to one hundred pounds p ann for each and every one thousand pounds he shall bona fide receive have and enjoy in money and lands as a portion with such wife. And in case he shall then have issue male living of the body of his now wife begotten that then he shall be inpowered to limitt such jointure lands to the use of his first and other sons by such second wife in tail male to take effect imediately after his and his second wife’s death with remainder over to any son by this wife in tail male with proper limittacons for supporting the contingent remainders so as in case such issue male by the second wife fail the remainder over to any sons by this wife or any other of the remainders over herein before appointed of such lands to be purchased may not be defeated hindered or destroyed. Item I give to my neices Mary Colston and Mary Edwards and to my cousins Mary ye wife of Fran? Colston Thomas Edwards the younger Francis Colston and Robert Carr and to Henry Hoare and Thomas Edwards the elder twenty pounds a piece to buy each of them mourning. Item I give to my two men servants Arthur and John and my two women Alice and Black Mary if they shall be all living with me and to each and every other of my servants who shall be living with me at the time of my death and shall have lived with me for two years or upwards before my death the sume of ten pounds a piece and such mourning to each of them as my executors shall think fitting. Whereas her late Majesty Queen Anne of blessed memory hath by her Charter constituted a corporation and vested in the Governours thereof all the revenues of the first fruits and tenth for the benefitt of the poor Clergy to augment their Cures from ten pounds to thirty five pounds p ann as by the Rules prescribed to them do appear. I do hereby give six thousand pounds for the aforesaid uses for the augmentacon of sixty poor Cures provided that the inhabitants of the respective parishes where said Cures are or any one else in their behalf do raise one hundred pounds more for each Cure so that they may be entitled to the benefitt of her said late Majestyes bounty. And that the Governours thereof do add two hundred pounds to each Cure according as the Rules sett down. And I hereby impower my said trustees to fix upon and make choice such poor Cures as they shall judge do most want help or shall be most contignous to their abodes or estates among which number I appoint the severall Vicarages of Cures in the first schedule hereto annexed mentioned or such of them as I shall not make provision for in my life time. And I do hereby appoint that in case there shall not be so many poor Vicarages or Cures found out and provided for or the parishes in which such poor Vicarages are shall not effectually comply with the condicons herein menconed within the space of ten years from the time of of my death then the residue of the said six thousand pounds that shall remain so unapplied shall be disposed off to such publick pious and charitable uses as the majority of my said executors or the survivors of them shall think fitt. Item I give to the Mercers Company of London one hundred pounds in compensation for a fine they laid upon me for not serving the office of Warden of said Company when they had elected me to it but I recommend it to them to bestow it upon some charitable use. Item I give to Bryan Richards son of Mary Richards of Mattingly in Hampshire whose mother is descended from the family of the Battons one hundred pounds out of which I appoint ten pounds yearly to be paid to his mother towards his schooling and boarding for so long as she shall think fitt to keep him there. And what shall remain out of the said one hundred pounds shall be paid him at his age of one and twenty years if he live so long. And if he dies before all further payments to cease. Whereas I have made provision for ten pounds p ann to be allowed to some Minister of the Church of England for explaining the Church Catechism and thoroughly instructing the boys of my hospitall on St Augustines Back of Bristoll and accordingly said sume is paid yearly by the Society of Merchants to Humphrey Tucker I do herby impower my executors and nominees menconed in their Deed from time to time to chuse another in his stead qualifyed as above whenever they shall find occasion. And also to displace him or them if they do not faithfully discharge the trust reposed in them. And whereas the members of the said Merchants Hall or some comittee of them are by the eighteenth article of the Rules annexed to their Deed of Trust for the said hospitall to visit the same monthly or at least four times in every year to enquire into the behaviour of the Master of the school thereto belonging as also if he alloweth sufficient and good food for the said boys he hath under his care and of their improvement in their learning. Now for as much as it hath been too apparent that for want of such inspection and care the said boys have been so neglected by their School Master that when they were examined it was found they had made so little improvemt in their writing and cyphering by the often absence of their Master from his school that they were not fitly qualified to be put out apprentices as likewise that he had not given them sufficient allowances of provisions for their comfortable subsistence. Therefore to prevent as much as in me lieth such neglect and abuses for the future it is my desire and I do hereby impower my said executors and my nominees in my said Deed of Trust that should it at any time hereafter appear to them that the like remissness hath been in my trustees of the Merchants Hall or that by connivance or otherwise they have consented or encouraged the educating said boys in any principles of religion contrary to or dissenting from our present established Church or bound them out apprentices to masters dissenting therefrom they imediately give notice thereof to them desireing it may be amended it being wholly contrary to my inclinations and intencons that they should be brought up in any principles repugnant to the Church of England now established by law. And in case they shall not find any good effect from such admointion that then they either intimate the same to the Governours of Christs Hospitall in London who are made visiters by my Deed of Settlement on the said Hall or else take proper remedy therefore by advice of good councell the charges thereof to be taken out of my estate. Item I give to the Church Wardens of the parish church of St Mary Redclifft in the City of Bristoll the sume of one hundred pounds towards the building of a gallery and setting up an organ in the said church on condicon that it be done in case I shall not have given the same or some other sume for that use in my life time. Item I give to my God daughter Elizabeth Banastre one hundred pounds and to Edward Colston son to John Colston who was my servant fifty pounds. Item I do hereby devise direct and appoint that my executors out of the produce of my personall estate and out of the rents and profits of the lands that shall be purchased therewith shall raise the clear yearly sume of one hundred pounds during the space of twelve years which shall be applied by my execrs and the severall nominees appointed in the settlemt I have made for the hospitall in Bristoll for the maintenance of one hundred poor boys and the survivor and survivors or the greater number of such survivors either for the binding out poor boys apprentices that are taught and cloathed by me in Temple Street or given to some young men who shall have served their apprenticeship in the said City the better to enable them to sett up their trades not exceeding ten pounds to each as shall by them be thought the greatest and most needful charity. But it is my express will that … pson or psons shall have or receive any benefitt or advantage of this one hundred pounds p ann that shall not in all things conforme to the present established religion of the Church of England. Item whereas I have allowed ten pounds p ann towards a charity school in the pish of St Philip and Jacob in the City and suburbs of Bristoll and likewise ten pounds p ann towards another charity school in the parishes of St Thomas and Redclift in the said City it is my desire that the payment of each of the said sumes shall be continued twelve years after my death if the said pishes shall continue such charity schools so long. Item I give the sume of ten pounds p ann for the term of twelve years from my decease towards the maintenance of a charity school in the parish of St James in the said City of Bristoll if the inhabitants shall resolve on and actually sett up such a school and continue and maintain it for the aforesaid term for educating thirty boys at least in the principles of the Church of England altho’ they should not cloath them. And I further give the like sume of ten pounds p ann for twelve years from my death to another charity school in the pishes of St Michaell or St Augustines in the said City of Bristoll if the inhabitants of the said pishes shall sett up a school and continue and maintain the same for the term of twelve years for the educating of at least thirty girles in the principles of the now Church of England and teach them to read sew and learn the Church Catechism. Item I give towards the support of the severall charity schools mentioned in the second schedule hereunto annexed whereto I have sett my hand the sume of five pounds p ann to be paid to each of them quarterly severally and respectively for the term of twelve years from my decease provided the said charity schools be continued so long. And I do hereby direct and appoint that all the said severall yearly sumes hereby and in the said second schedule hereto annexed menconed and devised towards the maintenance of charity schools shall be paid & discharged out of the produce of my p’sonall estate or out of the rents and profits of the lands which shall be purchased therewith and settled as aforesaid. And my will is that the p’misses so to be purchased shall be always chargeable with and subject to the paymt of the aforesaid sumes settled on the charity schools and all other of that nature above named untill they shall all be paid off and fully satisfied in proporcon to the share and shares of any possessor of any pt of the said p’mes for the time being but should it so happen (which God forbid) that that the said charity schools or any other towards whose support I have herein or by any Codicill to be annext hereto given or shall hereafter give any yearly or other sume or sumes of money should not be continued for the education of the boys and girles to be taught and educated thereby in the principles of the Church of England as now established by law but converted to breed them up in other principles contrary to it or any ways dissenting from it then I do hereby revoke and dissannull all such gifts to such of the said severall charity schools as shall not be conformable to my said intencons and do hereby declare they shall be added to my personall estate and accounted as part thereof from that very time that said alteracon in their education shall be made. Item it is my will and I do hereby declare that if the said Sophia and Mary daughters of my said neice Mary Edwards or either of them shall hereafter marry with any person or persons whatsoever without the consent of their father or mother and of the trustees named in my said Will or the greater number of them then living signified under their hands then it is my will that such of the daughters so marrying shall have or receive no more benefits or advantages by my said Will or any thing therein contained than if they were actually dead or not named in my said Will either by particular names or daughters in generall. And I do hereby further declare that it is my will that in case my said grand neice Sarah Colston shall hereafter intermarry with any person whatsoever without the consent of her mother and of Thomas Edwards senr Henry Hoare and Robert Carr three of my executors or the greater number of them then living that then she shall take no benefitt or advantage whatsoever by my said Will and whatsoever moneys or estates thereby intended for her or her children shall neither be paid to or settled upon her and her issue. And the money hereby intended for her shall sinke into my personall estate. And whatsoever lands and tenemts are thereby intended for her shall be settled on such persons and for such uses intents and purposes as are herein appointed to have and take the same in case she were actually dead or should die without issue. And whereas I have by Deeds in writing settled my farme and lands on Froyle in the County of Southton and likewise my lands in Mangotsfeild in the County of Glocester on the said Francis Colston and his issue. And in default of such issue to the use of my own right heires with power of revocation as by the said Deeds will appear. Now I do hereby confirm those settlemts but in case the said Francis Colston shall dye without issue then I do hereby devise and bequeath my said farme and lands in Froyle and my said lands in Mangotsfeild to my said grand neice Sarah Colston for ninety nine years if she shall so long live without impeachment of wast. And after the determinacon of that estate to the use of my executors and their heires during her life in trust to preserve and support contingent remainders. And after her death to her first second and other sons in taile successively. And for want of such issue to her daughters in taile and for want of such issue [page damaged. DW] lands to my said neice Mary Edwards for ninety nine years if she live so long. And after the determinacon of that estate to my said executors and their heires during her life in trust to p’serve and support contingent remainders and after her death to remain to her first and other sons successively in tail and for want of such issue to remain to all and every the daughter and daughters of her body begotten in tail as tenants in common and not as joynt tenants. And for want of such issue to remain to my own right heires. Item I do order and appoint my executors out of the p’sonall estate whereof I shall dye possessed to lay out the sume of five thousand pounds in the p’chase of some messuages lands tenements or other hereditaments in fee simple and after purchase made to settle the same by advice of good councell on my neice Mary Edwards and her issue male or female in such manner and to the like uses intents and purposes as I have herein before directed the said fourth pt of the surplus of my personall estate to be settled on her and her issue imediately after my death but chargeable with the sume of two thousand pounds to my grand neice Sophia Edwards at her day of marriage or age of one and twenty yeares to augment the legacy I have already given her. Lastly I do make ordain and appoint the said Thomas Edwards the elder Thomas Edwards the younger Robert Carr Francis Colston and Henry Hoare executors of this my Will and Testament but it is my express will and intention that the said Thomas Edwards the elder Tho Edwards the younger Robert Carr Francis Colston and Henry Hoare or either of them shall have no benefit or other advantage of their being named executors save only that each of them that shall act shall have and be allowed out of my personall estate the sume of two hundred pounds a piece (over and besides what is herein before given them) which I give them in consideration of their pains in seeing this my Will p’formed and fully executed. And it is my desire that at least three of my said executors shall be present at the opening and reading of this my Will. And that in their presence an inventory be taken of my severall mortgages and other debts (a particular whereof they will find herewith and also another in a paper in fo 237 of my leidger book) and also that they will provide a large chest or trunk to lock them up in. And that each executor shall have a key thereto with different wards from the others which said chest or trunk shall be kept in the possion of Mr Henry Hoare untill my executors or the greater number of them shall appoint some other more convenient place. And that they shall act in conjunction and consult each other in their receipts and payments and other transactions relating to this trust takeing each others approbation. And that no mortgage shall be transferred nor publick stock sold nor debt recovered but by the joynt concurrence of all five or the survivors of them. And when any money by that means shall be raised it shall be kept in the hands of the said Henry Hoare untill my said executors or the greater number of them shall provide some other place and that no money shall be issued out but by the direcon of the greater number of my executors that shall be living under their hands. And I will that they shall nor be answerable the one for the other that they shall not be answerable for any more money than each of them shall actually receive. And that if any of them shall sett their hands to any rect or rects for money to be reced such setting their hands to such receipts shall not make them answerable for the moneys contained in such receipts unless the money contained therein be actually received by them. And that they shall be not answerable for any loss that shall happen in purchasing placeing out at interest depositing for safe custody or otherwise provided it be done by the direction and approbacon of them all or the greater number of them. And that they may imploy such agents and receivers under them and with such salaries and allowances as they shall think fitt. And that they shall not be answerable for the default miscarriage or insolvency of such agents or receivers provided they are imployed by the approbacon of all the others of them. And to the end that all accts of my estate may be safely kept and for avoiding all controversies that may arise thereabout I do appoint and desire my executors to meet once in a year at least to audit the accts of my reall and personall estate not specifically devised. At which meeting I appoint the sume of forty shillings to be spent and no more. And that there shall be acct books provided for entering therein from time to time all things whatsoever for which my execs are accountable. And that they shall all of them at their generall meeting sign the acct then agreed to and adjusted by them. And further it is my will that upon the death of the said Henry Hoare as well such moneys as shall be remaining in his hands at the time of his death as such moneys as shall be paid in raised or reced by my surviving executors after his death shall from time to time untill the same can conveniently be paid away laid out ion lands or placed out at interest be paid into the Bank of England or any good fund or else continued in such hands as my surviving executors shall agree upon.
In witness whereof I have to this my last Will and Testament contained in three and thirty sheets of paper (besides the two schedules hereunto annexed) subscribed my name at the bottom of each of the first thirty two sheets of paper and to this last sheet sett my hand and seal this twenty sixth day of May in the sixth year of the reign of King George. And in the year of our Lord God one thousand seven hundred and twenty. Edward Colston
Signed sealed published and declared by the said testator as and for his last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses in his presence and at his request Jos: Edwards; Tho: Elliott; Will: Dickinson; Edw: Boothe; Robt King
The first schedule (to which my Will referrs) of such poor Vicarages or Cures which are thereby intended to have the benefitt of one hundred pounds a piece on the termes and condicons therein menconed and declared vizt
Horfeild
Westbury super Tryme
Mangottsfeild
All in the County of Glocester
Compton Dunden
Filton als Whitchurch
Tickenham
Huishe
Langport Chappell
Axbridge
Dunster
Drayton
Rowborrowe
All in the County of Somersett
Coxwell in the Diocess of Sarum
Bradwell near Filkins
Eynsham
In the County of Oxon
Steeple Mordon in the County of Cambridge
St Katherine alias Kittering in the County of Northampton whereof Allen is Vicar
Annwell Magna in Herfordshire. Abra Kent Vicar. Ordered Mr Hoare to pay £4 at Micha 1721
St Lawrence in Winchester
Sutton Benger in Wiltshire
Pilton and Wootton in Somersetshire
Dinder within 4 mile of Wells at £12:10 p an
Studland of wch Ben: Culme is Rector given my obligation to ye Commrs for £100 in Dorsetshire
Tuck Dean in ye County of Gloucester at ye request Sr Wm Banestre
Broad Chalke in ye County of Wilts recommended by Thos Edwards senr
Biddlesden in ye County of Berks by Mrs Cossens ye grocers wife
Stapleton in Glocester near Bristoll
Streehall in ye County of Essex
Edward Colston
The second schedule (to which my Will referrs) of severall yearly sumes which I give and devise to the respective charity schools herein named for the term of twelve years to comence from my decease vizt
To a charity school at Longcott in the parish of Shrevenham near Farringdon in in the County of Berks five pounds p ann
To a charity school at Barnstable five pounds p ann
To a charity school at Plymouth five pounds p ann
To a charity school at Brentford five pounds p ann
To a charity school at Farringdon in Berks five pounds p ann
To a charity school at Shrevenham near Faringdon aforesaid five pounds p ann
To a charity school at Chewstoke in Somersettshire near Bristoll five pounds p ann
To a charity school at Alton in Hampshire five pounds p ann
To a charity school at Stroude near Rochester in Kent five pounds p ann
To a charity school at Farmborough near Bath five pounds p ann
To a charity school at Chistlehurst near Bromley in Kent five pounds p ann
To a charity school at Stanford in the Vale near Faringdon in Berkshire five pounds p ann
To a charity school in the pish of Bradwell in the County of Oxon if the inhabitants there can make up & maintain five and twenty boys five pounds p ann
To a charity school at Highgate in the County of Middlesex five pounds p ann
To a charity school at Box near Bath to Mr Millard
To a charity school at St Katherine alias Kettering in Northamptonshire £5
To a charity school at Dorchester sett up by Madam Stangways £5
To commence from Midsommer 1720
To a charity school at Froome in Somersetshire £5 to begin at Midsummer 1721
Edward Colston
Whereas I have by my Will dated the twenty sixth day of May last directed that the residue of my personall estate after my debts and legacies are paid should be laid out in lands and settled on my grand neice Sarah Colston my kinsman Francis Colston and my neice Mary Edwards and their severall issues in manner as is therein menconed. Now I do by this writing (which I appoint as Codicill to be annexed to my Will) declare that it is my will that out of the fourth part of my p’sonall estate given as aforesaid to my neice Mary Edwards or from any other benefit which she shall take by my Will there shall be raised in the first place one hundred pounds to be paid yearly by quarterly payments of five and twenty pounds each to her daughter Sarah Campbell late wife of Capt James Campbell deced during her life towards her better support and maintenance. And that no husband that she shall or may hereafter intermarry with shall have any thing to do therewith but that it shall be out of the power of any such husband to recover it it being intended for her sole and separate use and her receipt alone from time to time to be a sufficient discharge for the same. And whereas I have in and by my said Will incerted a condicon that if such person who shall marry with my said grand neice Sarah Colston shall not within six months after such marriage take upon him the surname of Colston and continue the same that then he should take no benefitt by my said Will or to that effect. Now for as much as such condicon may prove prejudiciall to her marriage in to some ancient good and wealthy family who may be unwilling to part with his own name and take the name of Colston. In such case therefore it is my desire and will and I do leave it in the power of the trustees named and appointed by my said Will or the greater number of them to dispence with or insist upon the performance of that condicon not doubting but that they will act therein as shall be most for the advantage of my said grand neice.
In witness whereof I Edward Colston of Mortlake in the County of Surry Esqr have hereunto sett my hand and seale the first of June in the year of our Lord one thousand seven hundred and twenty. Edward Colston
Signed sealed published and declared by the said Edward Colston as and for a Codicill to his Will in the presence of us who have subscribed our names as witnesses in his presence and at his request. Jos Edwards; Tho Elliott; Will Dickinson; Edw Boothe
Whereas by the settlement made on the marriage of my nephew Edward Colston deceased with Mary his late wife there is provition made that in case my said nephew should die without issue male leaving one or more daughters which should live to attain the age of eighteen years or be married that then the Mannours rents lands and hereditaments therein mentioned shall be charged with the raising of the summ of eleven thousand pounds for the portion of such daughter or daughters payable at their day of marriage or their ages of eighteen years with interest therefore after the rate of four pounds p cent p annum to be computed from the death of my said nephew till such portion should become payable. And whereas my said nephew is lately dead without issue male but hath left behind him Sarah Colston his only daughter of ye age of fourteen years or thereabout and whereas my personal estate will amount to much more than will pay my debts legacies and funeral charges therefore I have and doer by my last Will and Testament directed and appointed my exectors therein named after my debts legacies and funeral charges shall be paid that then they shall and ought as soon as they can conveniently lay out all the residue of my personal estate in the purchase of some mannours messuages lands tenements fee farm rents or other hereditaments in fee simple. And imediately after such purchase settle and assure one moiety of full half part of all such mannours lands and hereditaments on my grand neice Sarah Colston when she shall be married or attain her age of twenty one years provided she and her husband shall sufficiently release and absolutely discharge all lands charged with the raising said eleven thousand pounds from the payment of the interest thereof as is mentioned in said marriage settlement. But for as much as the said Mary Colston her mother may be living when the said eleven thousand pounds shall become payable and I conceive it will be very prejudicial to have the estate setled for the payment thereof to be either sold or mortgaged in her mothers life time for the payment of said eleven thousand pounds or the interest of it. And it being my intention that only the estate setled on her said mother in marriage shall after her death and not before be liable and subject to the said eleven thousand pounds. Therefore it is my will and I order my exectors not to settle that moiety of the said mannours and lands by my said Will directed and intended to be purchased and setled on my said grand neice and her issue untill she shall after her age of twenty one years (if then sole) or with such person as shall be then her husband (if married before her age of twenty one years) or at any time afterwards have absolutely and in due form, of law released and fully discharged as well all the mannours and lands charged or chargeable with the payment of said eleven thousand pounds and interest as also my exectors & trustees from ye payment thereof. And in case my said grand neice Sarah or her husband shall either before or after her age of twenty one years in the life time of her mother or at any other time either demand sue for or require the payment of said eleven thousand pounds and interest or any part thereof or by mortgage sale or otherwise raise or endeavour to raise the same or any part thereof that then and in such case it is my will and I doe order my exectors and trustees to deduct out of the moiety of the estate so to be purchased and setled upon her as aforesaid all monys whatsoever shall be raised received or paid to her or her husband upon or by vertue of the said marriage settlement and all charges thereabout. And in such case also it is my will and I doe order my said executors and trustees to settle one fourth part only and no more of the lands so to be purchased on my said grand neice Sarah in such manner as I have before directed the moiety to be setled. And doe order and appoynt the other fourth part to be setled upon my neice Mary Edwards and my couzen Francis Colston equally between them in such manner as I have by my Will directed the other two fourth or quarter parts of the lands directed so to be purchased and setled as aforesaid. For as much as I am intirely satisfyed that the moiety designated and said grand neice by my Will is abundantly sufficient for her support while sole and if married with a man of competent estate for their joynt support untill such time as they shall enjoy the marriage settlement by the death of her mother. And whereas I have by my Will given to my grand neice Mary Edwards eight thousand pounds to be paid her at her day of marriage or age of twenty one yeares which shall first happen now I doe hereby declare and my intencons are that should she be married in my life time what summ soever I shall have given her at her said marriage shall be accompted as part of said eight thousand pounds and shall be deducted from the same by my exectors and trustees. And whereas I have by my said Will given severall summs towards the support of seaventeen charity schools mentioned in a schedule annexed thereto and may augment their number should it so happen (which God forbid) that said schools or any of them or any other schools towards the education of whose children I have contributed or given any allowance whether they be boys or girles should not be continued or bred up in ye principles of ye Church of England as now by law established. And that thereby my said allowance should be converted towards the breeding … in other principles any ways repugnant thereto or dissenting therefrom. Then I doe hereby revoke and disanul all my gifts to such charity or other schools. And doe hereby declare they shall be added to my personall estate and accompted as part thereof from the very time that said alteration in their education shall be made.
In witness of the premisses I Edward Colston of Mortlake in the County of Surrey have to this writing contained in two sheets of paper and which I appoynt to be annexed as a Codicil to my Will to the first sheet thereof subscribed my name and to the other sheet set my hand and seal the twentieth day of December in the year of our Lord one thousand seaven hundred and twenty. Edward Colston
Signed sealed & published & declared by the said Edward Colston as a Codicil to be annexed to his Will in the presence of Jos Edwards; Tho Elliott; Edw Boothe; Robt King
Whereas I have by my last Will dated the 26 May 1720 given to my grand neice Sarah Colston all my household goods except one East India chest in ye house I live in at Mortlake wherein is included all my plate and pictures. Now I doe hereby revoke and make void my said devise in case it should so happen that she my said grand neice should die before she is married in which case I appoint my said household goods plate pictures together with the necklace of diamonds & buckle of diamonds with the gold watch wch I gave to my said grand neice shall be equally divided between my neice Mary Edwards and my kinsman Francis Colston. But it is my will that all ye said household goods plate & pictures shall remaine in said house untill ye expiration of my lease thereof to be imediately used for the benefit of by Thomas Edwards ye younger if he shall inhabite therein [Interlined & unreadable. DW]. And that he shall have liberty to sell & dispose of for his own proper advantage all such greens & trees that I have planted in the garden belonging to and adjoyning to said house which he shall judge may be removed without his prejudice or breach of my lease. And I do hereby direct and appoynt my exectors to pay the rent of the said house for the remainder of my term therein and to charge the same to my personal estate. And whereas I have by my said Will given to Robert Carr ye younger five hundred pounds over and above my estate at Streethall in Essex I doe hereby revoke my said bequest of the five hundred pounds only and doe now give the said summ of five hundred pounds which I order to be let out at interest and that the profits thereof be quarterly divided between his mother Elizabeth Carr and his sister Ann James during their joynt lives and after during ye life of ye survivor for her life towards the maintenance of the said Ann James whose husband Jonathan by reason of his failure haveing had a Statute of Bankrupt taken out against him. And therefore it is my will that he shall have nothing to doe with it nor yet that it shalbe in any sort liable to the Statute but that her receipt shalbe a sufficient discharge for her part of the interest that shall accrue therefrom and that after both their deaths it shall revert to Robert Carr the younger to be enjoyed by him as was at first intended. And whereas I have promised to lend unto John Beavis son of Elizabeth Beavis my neighbour two hundred pounds to enable him to set up his trade (the term of his apprenticeshipe being lately expired). I doe hereby direct and empower my exectors (if it shall not appear that I have don it in my life time) to furnish him with one hundred pounds thereof on his own single bond and the other one hundred pounds on his joynt bond with another mans of sufficient creditt to repay the same. And that not neither nor they shalbe obliged to repay said respective summs before ye end of three years if they be desirous to continue them so long unless they find evident cause to call them in before that time upon just grounds of suspision that otherwise the whole or part may be lost. Item I give to his said mother Elizabeth Beavis one hundred pounds for as much as she hath been very helpful and assistant to me in my indispositions. Item I give to Mary the wife of my kinsman Francis Colston two hundred pounds for the benefit of her son Edward. Whereas I have ordered by my Will that my personal estate shalbe laid out in the purchase of lands which when purchased to be setled to the several uses mentioned in my said Will. And whereas since the publication thereof I have purchased an estate held in the Mannour of Taunton in the County of Somersett of John Sherford which was surrenderd to Francis Colston and Thomas Oldfeild in trust for me and my heirs. And whereas I may hereafter purchase other lands or tenements now it is my express meaning and will that the said lands so already purchased or any other lands tenements and hereditaments which may hereafter be purchased by me in my life time shall goe and be devided in such manner and in such proportion and to such person and persons as my personal estate is ordered and appoynted by my said Will.
In witness whereof I have to this present writing set my hand desiring it may be added as a Codicel to my said Will this twenty fourth day of Decemr in the year of our Lord one thousand seaven hundred & twenty. Edward Colston
Signed sealed published & declared by the said Edward Colston in the presence of us as a Codicel to my Will. Eliz Beavis; John Bissell; Arthur Webb
(Latin)
This Will (with schedules & Codicils) was proved at London 18 December 1721 before the Rev Nathaniel Lloyd, Doctor of Laws, Surrogate of the Rev John Bettesworth, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by Thomas Edwards senior, Thomas Edwards junior & Francis Colston Gentlemen, Henry Hoare & Robert Carr Gentlemen & the executors named in the said Will to whom was granted admon.
Where to find wills
Edward Colston's will can be found in the digitised Prerogative Court of Canterbury wills collection on TheGenealogist.co.uk